2001-07-23_Minutes
2001-576
COMMON COUNCIL
JULY 23, 2001
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-third day of July, AD. 2001, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Chase, Court,
Desmond, Fitzgerald, Fitzpatrick, Teed, and Trites
- and -
Messrs. 1. Totten, City Manager; A Beckett, Commissioner of
Finance and Commissioner of Corporate Services; P. Woods,
Deputy City Manager; P. Groody, Commissioner of Municipal
Operations; W. Butler, Commissioner of Community Services; S.
Galbraith, Director of Works; W. Edwards, Building Inspector; P.
Hanlon, Manager of Water and Sewerage Services; D. Logan,
Purchasing Agent; R. Pollock, Planner; E. Giffin, Senior Project
Engineer; D. Price, Project Engineer, Water and Wastewater; B.
Keenan, Engineering Manager, Water and Wastewater; B.
McGovern, Design Engineer; C. Cogswell, Chief of Police; Ms. L.
Farrell, Solicitor; Ms. H. Young, Design Engineer; Ms. C. Mosher,
Assistant Common Clerk; and Mrs. J. Ferrar, Administrative
Assistant.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Rev. James Fudge,
Pastor of the First United Pentecostal Church and Chaplain of the Saint John Police
Force, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that minutes of the meeting
of Common Council, held on July 9, 2001, be approved.
Question being taken, the motion was carried.
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that agenda items 6, 23 and 24
be brought forward for consideration at this time.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary advised that a City of Saint John Tree Reserve Fund was
being created to enable all citizens to donate monies to purchase new trees for the City;
and acknowledged Senator Erminie Cohen's presence in the Council Chamber, who
addressed Council and presented the Mayor with a cheque in the amount of $200.00 to
purchase the first tree through this Fund, in recognition of her retirement today from the
Senate as well as her birthday.
23. Project Support - Carleton Community Centre Advisorv Board
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council (1) support the development of the Carleton Community
Centre Advisory Board's recreation facility project, as proposed to Council on May 7,
2001; (2) authorize the use of the Market Place land as requested by the Carleton
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COMMON COUNCIL
JULY 23, 2001
Community Centre Advisory Board for development of recreational facilities; and (3)
approve that the City of Saint John contribute matching funds up to $16,513.75 from the
Land for Public Purposes Trust Fund in support of this development.
Question being taken, the motion was carried.
24. Development Of PlaVQround - Princess Elizabeth School
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council (1) support the development of the Princess
Elizabeth School Playground, as proposed to Council on July 9, 2001; (2) authorize that
the City of Saint John contribute matching funds up to $50,459.64 from the Land for
Public Purposes Trust Fund in support of this development; and (3) such funding is
contingent upon the equipment supplier providing confirmation satisfactory to the
Commissioner of Community Services that the equipment supplied and installed fully
meets CSA standards.
Question being taken, the motion was carried.
3(a) Zoning By-law Amendment To
Re-Zone 248 DouQlas Avenue
The Assistant Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 248
Douglas Avenue, having an area of approximately 3,100 square metres (33,000 square
feet), also identified as being NBGIC Numbers 372920,55119218 and a portion of
368613, from "RM-1" Three Storey Multiple Residential to "B-2" General Business
classification, to permit the conversion of the building for use as one or more of the
following: a hotel, restaurant, bed and breakfast or office space, as requested by Scott
Darling, and 3{c) letters of opposition in this regard were received from D. C. Dawson
and Elaine Campbell.
3{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter of objection
considered at the Committee's July 3, 2001 meeting at which Scott Darling spoke in
favour of his application for re-zoning and expressed disagreement with staff's
suggestion that the proposed parking in the front yard not be allowed, and Dorothy
Dawson and Eleanor Kelly addressed the Committee in opposition to the re-zoning and
expressed concern that the proposed "B-2" General Business would permit a very wide
range of uses that would not be appropriate on Douglas Avenue and about the lack of
details with respect to the proposal; and advising that, after considering the matter, the
Committee decided to adopt the staff recommendation with a modification to clearly
indicate that the detailed proposal would be limited to a hotel, restaurant, bed and
breakfast or business offices only and include no more than two parking spaces in the
front yard; and recommending that Common Council (1) re-zone a parcel of land located
at 248 Douglas Avenue, having an area of approximately 3,100 square metres (33,000
square feet), also identified as being NBGIC Numbers 372920,55119218 and a portion
of 368613, from "RM-1" Three Storey Multiple Residential to "B-2" General Business
classification, and (2) not give third reading to the re-zoning until more details of the
proposal for a hotel, restaurant, bed and breakfast or business offices are provided by
the proponent, reviewed by the Planning Advisory Committee, and Section 39 conditions
are recommended to Council.
Dorothy Dawson of 368 Douglas Avenue addressed Council in opposition
to the re-zoning on the basis of her concern about the lack of parking in the area, as well
as the proposal to provide off-street parking spaces in the front of the subject site, and
also that, should the property be sold, the "B-2" zoning would allow for other kinds of
activities than those proposed, her view being that a blanket re-zoning to "B-2" was too
broad for a house in a heritage area, the use of which could be changed from one
business to another without anybody having anything to say about it.
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COMMON COUNCIL
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During discussion Ms. Dawson advised that, having received a copy of
the proposal on Friday which she assumed would be going to the Planning Advisory
Committee on Tuesday, her concern was that the proposal for nine offices and two
conference rooms, in terms of parking, would be a lot in one building on a residential
street; and Councillor Court suggested that first and second readings not be given until
Council received a detailed proposal from the developer in that all Council had before it
at this time was a request for re-zoning and was not in receipt of a copy of the plan
referred to by Ms. Dawson.
Scott Darling of 248 Douglas Avenue, appearing in support of his
application, advised that, subsequent to the July 3, 2001 Planning Advisory Committee
meeting at which he was asked for a detailed proposal, he provided the proposal for the
property, which was to turn it into executive office space; and advised that, although the
property was currently for sale, he would prefer to keep it if it could be re-zoned.
On motion of Councillor Desmond
Seconded by Councillor Teed
RESOLVED that the above matter be laid on
the table pending receipt of the proposal and the information required.
Question being taken, the tabling motion was carried.
4(a) Zoning By-law Amendment To Re-Zone
A Portion Of 2810 Golden Grove Road
The Assistant Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a portion of a parcel of land located
at 2810 Golden Grove Road (a portion of NBGIC Number 351239), having an area of
approximately 5.5 acres, from "PQ" Pits and Quarries to "RF" Rural classification, to re-
zone approximately 5.5 acres back to a rural zone category where two residential homes
are currently situated, as initiated by the City of Saint John, 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
July 17, 2001 meeting at which Randall Kilpatrick, owner of the above property,
indicated his agreement with the staff recommendation, and recommending that
Common Council re-zone a portion of a parcel of land located at 2810 Golden Grove
Road, having an area of approximately 5.5 acres as illustrated on the submitted map,
also identified as being a portion of NBGIC Number 351239, from "PQ" Pits and
Quarries to "RF" Rural classification.
Randall Kirkpatrick of 2810 Golden Grove Road appeared in support of
the application and advised his agreement with the Planning Advisory Committee's
recommendation.
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 a portion of
a parcel of land located at 2810 Golden Grove Road (a portion of NBGIC Number
351239), having an area of approximately 5.5 acres, from "PQ" Pits and Quarries to "RF"
Rural 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.
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JULY 23, 2001
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the by-law to amend
the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a portion of
a parcel of land located at 2810 Golden Grove Road (a portion of NBGIC Number
351239), having an area of approximately 5.5 acres, from "PQ" Pits and Quarries to "RF"
Rural 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 Trites
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary commented on the residential composting program to
start the week of July 30 - August 3 with the exception of residences in the South End of
the City, which would begin in September.
7. New Brunswick Museum Operation & StaffinQ
Read a letter from Councillor Teed setting out a proposed resolution with
regard to the New Brunswick Museum in that the Museum, which has had problems
respecting operations and staffing for some time, should be of increasing importance to
the City from an educational and heritage viewpoint, and expressing the view that the
appointment of Jane Fullerton as Director of the Museum is a positive step and should
result in mutual benefit to both the City and the Museum.
On motion of Councillor Teed
Seconded by Councillor Desmond
RESOLVED that Council extend
congratulations to Jane Fullerton on her appointment as Director of the New Brunswick
Museum and inform her that the City looks forward to the fullest cooperation between
the Museum and the City for the benefit of the people of New Brunswick.
Question being taken, the motion was carried.
8. Tourist Information Re Saint John Area Attractions
Consideration was given to a letter from Councillor Teed advising of his
attendance on June 4, 2001 at a seniors exchange program bus tour to Nova Scotia
arranged by the City Recreation Department and, having been appointed emissary of
the City by Her Worship Mayor McAlary, he extended on her behalf greetings from the
City of Saint John to the inhabitants of Clark's Harbour; expressing concern about the
great wealth of Nova Scotia tourist information, with particular emphasis on small
museums and heritage areas, when it is related to the availability of tourist information in
Saint John on similar attractions, as well as about the lack of tourist information on Saint
John and New Brunswick attractions on display in the Digby Ferry between Saint John
and New Brunswick; and suggesting that whoever is responsible for tourist information
should be requested to review what is presently being produced in written form, whether
Provincial, Municipal or business-sponsored publications, with the objective of
determining how present information can be improved in relation to attractions in the
Saint John area, and also suggesting that the City of Saint John through the City Tourist
Department encourage the wearing of heritage dress whenever practical for heritage
and similar events in the City.
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COMMON COUNCIL
JULY 23, 2001
On motion of Councillor Teed
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager.
Question being taken, the motion was carried.
5. System Improvement/Extension Options
Re Kennebecasis Drive Water Supplv
Consideration was given to a report from the City Manager referring to the
project in the 2001 Water and Sewerage Capital Program for the analysis of methods to
improve water service to the Kennebecasis Drive area, which included the funding
necessary to engage engineering services to complete (1) an investigation of five or
more alternatives for system improvements or extensions, (2) an investigation of
possible capital cost contribution formulas, (3) an economic analysis of proposals, (4) a
review of the impact on development, and (5) preliminary designs and cost estimates of
options, with Key Surveys & Engineering Limited's proposal having been accepted to
provide consulting engineering services for that project; advising that the consultant has
completed the report and prepared a presentation for this meeting at which time copies
of the report will be made available; and recommending that the consultant report of Key
Surveys & Engineering Limited for the Kennebecasis Drive water supply improvements
be referred to staff for review and recommendation.
Mr. Groody highlighted the Executive Summary of the Fina/ Report - City
of Saint John Engineering & Technica/ Services Contract 2001-083604P System
Improvements / Extension Options Kennebecasis Orive Water Supply, dated July 2001,
prepared by Keys Surveys & Engineering (copies of which were distributed to Council
members at this meeting), and introduced Glen Woodford, Project Manager; Daryl
Bonhower, Project Engineer, and Barry Zwicker, Senior Planner, of Key Surveys &
Engineering Limited.
Mr. Zwicker reviewed the study area and its characteristics, development
potential and growth assumptions and planning considerations, as well as the following
three funding options for the project: (1) recouping 3% by increasing the water rate to
existing customers within the designated area to reflect the 3% of their water system
upgrades or through a one-time lump sum payment of $600; (2) charging a lot levy on
new residential lots of $2,000 per lot which would equate to 69% if 40 lots per year over
a 25-year period were developed; and (3) funding from Provincial sources estimated at
28%; and stated that financing for the entire expenditure based on 6% per year would
equate to an annual cost of $160,000. Mr. Zwicker also reviewed the recommendations
of the Final Report as follows: short term - investigate the condition and settings of the
two PRV's at Millidge Avenue and Meadowbrook Drive; conduct necessary repairs or
replacement to enable the PRV's to hold the set pressure for the Kennebecasis Zone;
Ion!:) term - implement option 5C - the extension of the watermain on University Avenue,
Sandy Point Road to Kennebecasis Drive, reconstruction of the University Avenue
booster station, and installation of a PRV at Kennebecasis Drive and Sandy Point Road;
construct sanitary sewer to service land, concurrent with water system installation;
upgrade existing sanitary system in future when population count exceeds 2,000
persons; put in place cost-sharing based on lot levies and/or water rates; review and
change zoning of study area where applicable; and consider special designation and
standards. Mr. Woodford summarized the engineering work done for the study;
reviewed water consumptions in the area, referencing flow tests conducted by the
Insurance Advisory Organization; and reviewed the preliminary analysis of design
options. Mr. Woodford explained the advantages of carrying out the recommendation for
the installation of a looped 12" watermain along Sandy Point Road with the pressure
reducing value at Westmount and Kennebecasis Drive, the reconstruction of the booster
pump at University Avenue to allow pumping at a higher pressure and larger flows, and
looping the watermain to the Saint John Regional Hospital and University; and reviewed
the following costs - water distribution system from University Avenue to Kennebecasis
Drive - $1,644,310; water distribution system from Tucker Park Road to the University
and Hospital- $254,328; sanitary sewer system from Cranberry Hill to University Avenue
- $363,371, and a sanitary sewer system from Cranberry Hill to Kennebecasis Drive -
$522,382 for a total of $2.78M.
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COMMON COUNCIL
JULY 23, 2001
The representatives of Key Surveys & Engineering responded to various
questions regarding their Final Report; advised that, if a new student residence were
constructed at the University, their recommendation would ensure an adequate water
supply to the property; noted the Cranberry Hill area was not included in this project
because of the costs involved; and advised that construction of the entire project would
take a full construction season.
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that the above matter be
referred to the City Manager for a review and a recommendation to Council.
Question being taken, the motion was carried.
9. Incentive Payment Program For Citizens
Who Report Defects In City Streets
On motion of Councillor Teed
Seconded by Councillor Chase
RESOLVED that the letter from Councillor
Teed proposing that the concept of having an incentive payment program for citizens
who report defects in the City streets or roads or otherwise, which are found to require
remedy, be referred to the City Manager for a report on the feasibility of such, and
suggesting that on a trial basis an incentive program might be worth the expense, be
referred to the City Manager.
Councillor Court expressed the view that the City did not have enough
money in the budget to pay for the defects that would be reported. Councillor Fitzpatrick
advised that he would not support the motion for the City Manager to come back with a
recommendation to offer $5 or $10, and the Mayor advised that she would not support
the motion because it would not be feasible to have such a program as it would require
extra staff to take the calls, visit the streets concerned and make the payments.
Question being taken, the motion was lost with Mayor McAlary, Deputy
Mayor White, Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick and Trites voting
"nay".
10. Distinctive Theme To Depict City
Consideration was given to a letter from Councillor Teed referring to the
theme "The Greatest Little City in the East" which was accepted and used as a
distinctive theme by which persons could relate to the City of Saint John, on the basis of
his view that the idea of Saint John being a little City should no longer be acceptable as
there is nothing positive in being such in today's world and the theme does little for the
Municipality; making the observation that, insofar as New Brunswick is concerned, Saint
John is not a little City but the largest City in the Province and is the second largest City
in Canada in its geographical area; and proposing that Common Council record as its
position that the theme "The Greatest Little City In The East" is no longer a fitting
depiction of what is hoped Saint John is or will be and urge all citizens and persons
having the best interests in the City at heart, from now on to refrain from using the
phrase either in jest or otherwise.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the above letter from
Councillor Teed regarding a distinctive theme for the City be received and filed.
The initial motion moved by Councillor Teed and seconded by Councillor
Ball was to adopt the proposal as set out in the above letter. During discussion the
Mayor made the observation that Council could not dictate what a person could or could
not say about the City of Saint John, and advised that she would not support the
resolution. Councillor Desmond proposed a motion to receive and file the above letter
and the Mayor noted the motion on the floor, whereupon Councillor Ball withdrew as
seconder of the motion.
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COMMON COUNCIL
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Question being taken, the motion was carried.
11. ACQuirinQ Trees For City
On motion of Councillor Chase
Seconded by Deputy Mayor White
RESOLVED that the letter from
Councillor Chase submitting, following up on his indication that he had looked into the
matter of acquiring trees for the City, a copy of his letter to the Green House Manager at
the Canadian Forest Service, be received and filed.
Question being taken, the motion was carried.
12. Follow-up To Presentation On Compost ProQram
Consideration was given to a letter from Councillor Court referring to the
presentation on behalf of the Fundy Region Solid Waste Commission at Council's last
meeting on the compost at which time, when he asked Don Shaw if any more
infrastructure was needed for the compost, his response was that he believed everything
was in place; and advising that, on Tuesday, he discovered that the Commission had
applied for a $150,000 building permit for a lunch/changing room for the compost
program workers; recommending that Council send a letter to the Commission
expressing its concern over this expenditure, and asking for answers to the following
questions: how soon a new cell would be required and at what cost, and how much
money was being saved for fill by using recycled glass and if there were any other
recyclable materials, besides glass, for which there was no market, as well a report
explaining, if it were true that an on-site treatment plant would soon have to be built by
the Commission, what the problems were and, if a plant were to be built, at what cost;
and requesting a report from City staff indicating how long it would be before the
Lancaster Lagoon would reach capacity for the type of waste product received from the
Commission.
(Councillor Fitzpatrick withdrew from the meeting.)
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that the above letter from
Councillor Court be referred to the Fundy Region Solid Waste Commission and the City
Manager for a report to Council.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
13. Protection Of City Water Supplv
Read a letter from Councillor Teed on the matter of the City's water
supply, there having been complaints that persons utilize Loch Lomond Lake for
swimming and, in some cases, boating, which appears to be a form of pollution and,
more recently, it was stated publicly that there needs to be a major expenditure to
ensure safe drinking water; and proposing that the City request the Province to take
such steps as will prevent or prohibit persons from swimming, boating or performing
other activities in or upon the water of Loch Lomond Lakes and the City watershed.
The Mayor asked that the motion be a referral to the City Manager for a
report to Council.
On motion of Councillor Teed
Seconded by Councillor Ball
RESOLVED that the above matter be referred
to the City Manager for a report to Council.
Question being taken, the motion was carried.
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COMMON COUNCIL
JULY 23, 2001
13A. Re-Establishment Of Urban Tree Committee
Read a letter from Councillor Chase referring to Common Council
resolutions of March 23, 1987 and December 5, 1994 establishing the Arbour Day
Committee and broadening the Committee's purpose and changing its name to Urban
Tree Committee, respectively; proposing that, as in 1997 the committee disbanded as
there was a problem over a by-law for the protection of trees, Council re-establish the
Urban Tree Committee and have an updated report from staff as to the issues to and
following the March 10, 1997 meeting of Common Council.
On motion of Councillor Chase
Seconded by Councillor Ball
RESOLVED that the above matter be referred
to the Nominating Committee to re-establish the Urban Tree Committee and to the City
Manager for a report on the issue relating to the March 10, 1997 meeting of Common
Council with regard to the Urban Tree Committee.
Question being taken, the motion was carried.
* Added Items
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that a Committee of the
Whole report of this date, and two matters concerning Council member's attendance at
meetings (which were considered in Committee of the Whole earlier this date), be added
to the agenda as items 13B, 13C, and 13D, respectively.
Question being taken, the motion was carried.
*13B. 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, July 23, 2001, when there
were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court,
Desmond, Fitzgerald, Fitzpatrick, Teed and Trites, and your Committee submits the
following recommendation, namely:
1.
That as recommended by the Nominating Committee,
(a) Councillor Teed be appointed to the Resolutions Committee of the Cities of New
Brunswick Association;
(b) Deputy Mayor White be the City's second representative on the Greater Saint
John Regional Facilities Commission;
(c) Deputy Mayor White and Councillors Desmond and Fitzgerald be appointed as
the Water & Sewerage Rates Appeals Committee;
(d) Councillor Chase, Councillor Desmond, Councillor Fitzgerald and Councillor
Trites be appointed as the Council Finance Committee;
(e) the Mayor, Deputy Mayor, and Councillors Court and Desmond be appointed as
the Emergency Measures Committee;
(f) Councillor Ball be re-appointed to the Fort LaTour Development Authority for a
term of three years;
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JULY 23, 2001
(g) Councillor Fitzgerald be appointed as Council's representative on the
Preservation Review Board.
July 23, 2001,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
*13B.1 (a) Cities Of New Brunswick Resolutions Committee
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that section (a) of the above
report be adopted.
Question being taken, the motion was carried.
It was suggested that the remainder of the above report should be
considered in one motion.
*13B{b)-{Q) Appointments To Committees
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that sections (b) to (g)
inclusive in the above report be adopted.
Question being taken, the motion was carried.
*13C. Attendance At Conference - Halifax
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that Council authorize
Councillor Fitzpatrick to travel to Halifax, Nova Scotia, for a conference in August 2001.
Question being taken, the motion was carried.
13D. Attendance At FCM Board MeetinQ - Prince GeorQe
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that Council authorize Councillor
Trites to travel to Prince George, British Columbia, for an FCM Board meeting in
September 2001.
Question being taken, the motion was carried.
14. Solid Waste Bv-Iaw
Consideration was given to a report from the City Manager advising that
points raised at the July 9, 2001 meeting of Council during debate of the proposed Solid
Waste By-law, which was given first and second readings, and subsequent input from
the City Solicitor have been incorporated into the submitted Solid Waste By -law being
recommended for third reading, also advising of the changes made in the text of the
proposed By-law and that the City Solicitor recommends that the maximum fine amount
of $500 be written into the By-law as this is the current maximum that may be imposed
for the commission of an offence punishable under Part 2 of the Provincial Offences
Procedure Act as a Category C Offence and, should the Province amend the Act and
change the maximum and minimum fines, it would not serve to change the fine amounts
adopted in this By-law until Council passed an amendment to it or enacted a new by-law;
and recommending that the submitted "By-law For The Storage, Collection, And
Disposal Of Solid Waste In The City Of Saint John, New Brunswick", receive third
reading.
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On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that the by-law entitled "A By-law
For The Storage, Collection, and Disposal Of Solid Waste In The City Of Saint John,
New Brunswick", be read a third time, and enacted and the Corporate Common Seal be
affixed thereto.
Councillor Court expressed concern that the residential property at
Brentwood was disqualified because of its size, and Mr. Totten advised that the City
Solicitor looked in this matter and the City was not prepared at this time to amend the
by-law to include condominium ownership, although it is intended to report back to
Council regarding these properties as well as the large senior complexes. Councillor
Teed, noting that the resolution at the last meeting was to refer the proposed By-law to
the Legal Department for a report to Council, made the observation that the above report
was not from the Legal Department, and Ms. Farrell expressed the understanding that
the City Solicitor reviewed the by-law with Mr. Galbraith prior to it returning to Council.
Mr. Totten advised, while the City Solicitor reviewed the By-law recommended at this
time, it was the City Solicitor's intention to come back to Council with a legal opinion on
the issue of rental properties becoming condominium properties. Mr. Galbraith reviewed
the changes made to the by-law as requested at the last meeting.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the above matter be laid on
the table pending a report from the Legal Department.
Question being taken, the tabling motion was carried with Deputy Mayor
White voting "nay".
15. Simonds Arena / Connector Road
Consumers Drive & McAllister Drive
Read a report from the City Manager further to Council's approval on April
9, 2001 of a proposed agreement with The Exhibition Association and First Professional
on a right-of-way, construction and financial contributions for a connector road in the
area of Consumers Drive and McAllister Drive and the provision of an alternative site for
and abandonment of the existing site of the Simonds Arena, as well as to subsequent
action taken by First Professional in undertaking more detailed design and costing of the
connector road, the City's issuance of a proposal call for a new arena on either the
alternative site offered by the Association or on Lakewood Avenue West (now Mountain
View Drive), and in meetings with the Association and First Professional; and advising
that, if construction of the connector road is to proceed this year, the decision to proceed
must be made immediately; and, as the Exhibition Association continues to link its
participation in the connector road with the abandonment of the existing Simonds Arena
site and although a final decision on the new arena is still months away, a separate
agreement on the connector road is possible if the City formally agrees to abandon the
existing Simonds Arena site now. The report proposes that, as the Exhibition
Association's Board of Directors is meeting on July 24, 2001, Council revise its April 9,
2001 resolution and agree to abandon the existing Simonds Arena site under certain
conditions, which should allow the Association to finalize its agreement with First
Professional on the connector road, and the agreement to be submitted to Council for
final approval; and sets out a recommendation in this regard.
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of April 9, 2001, by deleting part
(3) and that the City release its interest in the land designated Lot A, Plan File 40,
Number 81, to the Exhibition Association in exchange for a lease of land from the
Exhibition Association (510 feet:t x 300 feet:t) and right-of-way from McAllister Drive to
the lands all as generally shown on the submitted drawing; the lease be for a term of 66
years renewable but shall terminate earlier (1) if the site ceases to be used as an ice
skating and hockey rink for a 12-month period, or (2) if construction of the new rink has
not commenced within three years from the date of the exchange; the terms and
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JULY 23, 2001
conditions of the November 24, 1964, agreement between the Exhibition Association
and the Municipality of the County of Saint John shall apply to the lease; and further that
the City shall effect demolition of the Simonds Centennial Arena within 90 days of
exchange being completed, and the Mayor and Common Clerk be authorized to execute
the required documentation.
On the matter of demolition costs, Mr. Edwards advised there was no
agreement with the Exhibition Association which would involve it covering any or all of
the demolition, although there was a possibility that an agreement might be reached with
the developer who subleases the property from the Association to demolish the building;
and Mr. Totten pointed out there was never any commitment from the Exhibition
Association to demolish the structure, and discussion followed regarding items that could
be salvaged from the building before demolition.
Question being taken, the motion was carried.
16. Revisions To 2001 Water And
SeweraQe Utilitv Capital ProQram
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that the report from the
City Manager proposing adjustments to the approved 2001 Capital Program to allow
construction of the Lakewood Heights water pumping station to proceed while
maintaining the original approved overall program envelope; setting out a table
summarizing the proposed adjustments; and recommending that Common Council
approve the revisions to the 2001 Water and Sewerage Utility Fund Capital Program as
outlined herein, be received and filed and the recommendation adopted.
Mr. Groody commented on the importance to the eastern water system of
the construction of the Lakewood Heights water pumping station, advising that
approximately 27M imperial gallons of water a day flow from Latimore Lake through a
restricted area to the west of Little River Reservoir and there were presently numerous
leaks in pipes and valves and only one pump working, and noting that this site pumps
water to the Lakewood Heights reservoir.
(Councillor Court withdrew from the meeting.)
Question being taken, the motion was carried.
17. Tender For Contract 2001-13
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Contract 2001-13, Lakewood Heights water pumping station, be
awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $1,073,834, 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.
18. Tender For Chemicals
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the tender for the establishment of supply agreements for various
chemicals used to treat the City's water supply be awarded to the lowest tenderer in
each case as follows: sodium hypochlorite to Atlantic Chemical & Supply Ltd.,
hydrofluosilicic acid to Min-Chem Inc., and liquid chlorine to Brenntag Canada Inc., as
indicated in the submitted summary of bids.
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COMMON COUNCIL
JULY 23, 2001
Councillor Chase questioned the status of the Committee that was
established to study fluoride, and Mr. Hanlon advised that, although he has been
working with the other people identified in the report to ensure they were still available
and interested in participating, he was waiting for Council to appoint a representative to
the Committee. Councillor Chase proposed that, considering that Council has
established a committee to review the matter of fluoride in the water, the motion should
be amended to go forward with the recommendation on chlorine but hold off on the
fluoride, and advised that he would not support any motion to put fluoride in the water.
Question being taken, the motion was carried with Councillor Chase
voting "nay".
(Councillor Court re-entered the meeting.)
19. Tender For 10' Combination Dump/Sanders
On motion of Councillor Trites
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, the tender of BWS Manufacturing, Centreville, N.B., in the amount of
$39,200, plus 15% HST, be accepted for the supply and installation of two 10"
combination dump/sanders.
Question being taken, the motion was carried.
20. Tender For GarbaQe Packer
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the tender submitted by Saunders Equipment Ltd., in the amount of
$184,985, plus tax, be accepted for the supply of one only side-loading refuse packer
truck and body.
Question being taken, the motion was carried.
21. WellinQton Street ClosinQ
28. Street ClosinQ Bv-Iaw Amendment
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that the proposed Street
Closing By-law amendment for Wellington Street, third reading of which was tabled on
March 5, 2001, be taken from the table.
Question being taken, the motion was carried.
21.
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that the report from the
City Manager advising that, further to Council's tabling on March 5, 2001 of a proposed
Street Closing By-law amendment with regard to Wellington Street which was given first
and second readings on February 19, 2001, staff requested Haldor 1972 Limited to
engage the services of a surveyor to present the City with a proposed drainage plan,
and submitting a copy of the plan illustrating a proposed drainage ditch around the
perimeter of the consolidated properties, Haldor and the proposed closed portion of
Wellington Street, such plan having been reviewed by staff of Building Inspection,
Community Planning and Engineering who concur that the drainage, as proposed by
Haldor, could control runoff from the property without any negative impact on the
neighbouring properties; and pointing out that the submitted plan is preliminary and,
should the property be re-zoned and developed in the future, a detailed site plan
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COMMON COUNCIL
JULY 23, 2001
indicating elevations of the entire site, including paved areas and elevations of all
ditches, conduits and manholes, and catch basins would be required, be received and
filed.
(Councillors Fitzgerald and Teed withdrew from the meeting as they were
not members of Common Council on February 19, 2001, being the date of the public
hearing for the proposed closing of a portion of Wellington Street.)
Mr. Edwards responded to questions regarding flooding in the area,
noting that anyone wishing to place fill in any portion of it would be subject to the terms
and conditions of the Flood Risk Area By-law.
(Councillor Trites withdrew from the meeting as he was not present for
the February 19, 2001 public hearing for the proposed closing of Wellington Street.)
Question being taken, the motion was carried.
28.
On motion of Councillor Desmond
Seconded by Councillor Ball
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 respect to stopping up and closing the following portion of highway:
WELLINGTON STREET - All that portion of Wellington Street, a public street in the City
of Saint John in the County of Saint John and Province of New Brunswick, lying south of
Rockwood Avenue comprising 1676 sq.m. and shown on a survey plan titled "Plan of
Survey Portion of Wellington Street, a Public Street City of Saint John, Saint John
County, N.B." surveyed by John F. Quigley N.B.L.S. #297, P.Eng., dated December 14,
2000
- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law 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.
(Councillors Teed and Trites re-entered the meeting.)
22. Re Application To Re-Zone 27-29 Park Avenue
Consideration was given to a report from the City Manager referring to the
July 9,2001 public hearing for the proposed re-zoning of 27-29 Park Avenue after which
Council tabled the application pending a report from the Building Inspector clarifying
certain matters; advising of issues germane to the re-zoning application following an
inspection of the property with the property owner on July 12, 2001; and concluding that
the owners of this building have not carried out work without having first acquired a
building permit and, further, that costs of renovation needed to bring the building in
compliance with the National Building Code are in the order of between $3,000 to
$4,000.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the application to re-zone
27-29 Park Avenue be taken from the table.
Question being taken, the motion was carried.
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COMMON COUNCIL
JULY 23, 2001
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the by-law to amend
the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land located at 27-29 Park Avenue (NBGIC Number 343889), having an area of
approximately 1,700 square feet, from "R-2" One and Two Family Residential to "R-4"
Four Family Residential classification, be read a first time.
(Councillor Fitzgerald re-entered the meeting.)
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 Desmond
RESOLVED that the by-law to amend
the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land located at 27-29 Park Avenue (NBGIC Number 343889), having an area of
approximately 1,700 square feet, from "R-2" One and Two Family Residential to "R-4"
Four Family Residential 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.
25. Resolution Re Acquisition Of 601 Rothesav Avenue
Read a report from the City Manager advising that, further to Common
Council resolution of January 15, 2001 approving the acquisition of the fee simple
interest in property at 601 Rothesay Avenue, the acquisition did not occur on or before
June 1, 2001 which was a condition of the resolution, although the property is still
required for the Rothesay Avenue widening project; and recommending adoption of a
new resolution in this regard.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the City of Saint John acquire the fee simple interest in a 6 :t m2 portion of
NBGIC Number 298331 at 601 Rothesay Avenue, as generally shown on the submitted
plan, from Bill's Siding Ltd., on or before August 1, 2001, for the price of $300 (+ HST if
applicable), upon the following terms and conditions: as part of the transaction, the City
of Saint John will (1) pay for all survey plans required; (2) pay to a maximum of $300 the
legal costs incurred by Bill's Siding Ltd. in connection with this transaction; and (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.
Question being taken, the motion was carried.
26. Creation, And Subsequent Public Offering
For Sale. Of Lots AlonQ Elderslev Avenue
Read a report from the City Manager advising that, as the Water Strategy
makes no reference for the need to maintain land outside the watershed for municipal
purposes, staff wishes to proceed with the subdivision of four lots along Eldersley
Avenue which, when created, would be publicly offered for sale, with an anticipated
return of $50,000 :t by way of the sale of them.
2001-590
COMMON COUNCIL
JULY 23, 2001
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the City of Saint John subdivide four lots from PID 335919 along
Eldersley Avenue, as generally shown on the submitted plan; the Common Clerk be
authorized to sign the plan, and the subject four lots be deemed surplus to the needs of
the City of Saint John and publicly offered for sale.
Councillor Teed, in asking why the City would be continuing to urge the
development of urban sprawl and noting that the property was close to the watershed,
advised that he did not agree with the policy of disposing land just to get rid of it, and
expressed the view that there was no demand for the lots being created.
Question being taken, the motion was carried with Councillor Teed voting
"nay".
27. Request To Stop Up And Close Portion Of Atlantic Avenue
Read a report from the City Manager advising of the request of Raymond
Slattery, the owner of 17-21 Westmorland Road, for the City to stop up and convey a
310m2:t portion of Atlantic Avenue, as he would like to convert the dwelling located at
17 Westmorland Road into an office to operate a car sales lot and the acquisition of this
unused right-of-way would facilitate a better site layout.
On motion of Councillor Ball
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council authorize the publishing of a notice of its intention to
consider the passing of a by-law to stop up and close a 310 m2 :t portion of Atlantic
Avenue, as generally shown on the submitted plan, and, in the event the subject portion
of Atlantic Avenue is stopped up and closed, the City of Saint John sell, subject to any
easements required for municipal services, the 310m2:t portion of closed street, as
generally shown on the submitted plan, to 501226 N.B. Ltd. for the purchase price of
$7,200 (plus HST, if applicable); the deposit of $500 be held as down payment; the
deposit be non-refundable except in the event the subject portion of Atlantic Avenue is
not stopped up and closed, and the Mayor and Common Clerk be authorized to execute
transfer and related documents; and further that Raymond Slattery (501226 N.B. Ltd.) be
advised that the City of Saint John is not explicitly or implicitly obligated to approve any
subdivision or re-zoning applications arising from, or in conjunction with, the conveyance
proposed herein.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that agenda item 35 be
brought forward for consideration at this time.
Question being taken, the motion was carried.
35. Residents' Letter - Re-ZoninQ Of 1197 Red Head Road
Consideration was given to a letter from residents regarding the
application to re-zone 1197 Red Head Road, advising their disagreement with the City
Solicitor's ruling that Council not consider letters and/or petitions received from residents
opposed to the re-zoning of the property because they were received after the public
hearing held on June 25, 2001 and requesting that this be placed on the Council agenda
of this date; also requesting that this point of concern either be referred to staff for
clarification or discussed and ruled on at the next open session before the re-zoning is
voted on, and that the City Solicitor respond in open session to the question of whether
or not Council has a procedure that prohibits its members from receiving and discussing
information as a body prior to third reading and that the re-zoning in its present form be
2001-591
COMMON COUNCIL
JULY 23, 2001
denied for all the reasons stated at the public hearing as well as on the basis that the
applicant's petition, since it did not include the word "VL T's", was misleading and is,
therefore, invalid.
Ms. Farrell, noting the public hearing in the above regard at which time
Council heard from people both for and against the proposed re-zoning, expressed the
view that, if Council wished to hear from the residents in item 35, Council would have to
have a resolution to proceed no further on agenda item 29 and do the whole process
over again, setting a date for a new public hearing.
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the letter from area
residents regarding the re-zoning application of 1197 Red Head Road, be received and
filed.
Councillor Teed expressed the view that, with regard to the City Solicitor's
position on a councillor who missed a public hearing and having looked at cases which
indicate that a councillor who has missed a meeting of this type should not participate in
the final decision, the final decision is the vote on a motion; and explained why, in his
opinion, the whole process should be started over for the above property.
Question being taken, the motion was carried.
29. Zoning By-law Amendment To
Re-Zone 1197 Red Head Road
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that the proposed re-zoning of
the property located at 1197 Red Head Road, which was tabled at the public hearing of
June 25, 2001 at which first reading was given, be taken from the table for consideration
at this time.
Question being taken, the motion was carried.
The Mayor asked that Councillor Teed remove himself from the meeting
as he was absent from the June 25, 2001 public hearing for the proposed re-zoning; and
Councillor Teed advised his intent to withdraw from the meeting when the Mayor called
for the question on a motion in the above regard. Councillor Teed, on a point of order,
expressed the view that the Mayor's request was not in accordance with the rules laid
down by Council, and the Mayor re-iterated that the rule was that the council member
concerned leave the Council Chamber when Council dealt with the issue.
On motion of Deputy Mayor 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 a parcel of land
located at 1197 Red Head Road (NBGIC Number 55041966), having an area of
approximately 0.8 acres, from "B-1" Local Business to "B-2" General Business
classification, be read a second time.
Councillors Chase, Fitzpatrick, Court and Fitzgerald spoke against the
motion on the basis that residents in the area did not want a liquor license and video
lottery terminals on the property in question.
(Councillor Teed withdrew from the meeting.)
Question being taken, the motion was lost with Mayor McAlary,
Councillors Ball, Chase, Court, Fitzpatrick and Fitzgerald voting "nay".
(Councillor Teed re-entered the meeting.)
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COMMON COUNCIL
JULY 23, 2001
30. Harbour Station Commission - 2000 &
2001 Operational & Fiscal HiQhliQhts
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from John Correia,
on behalf of Council's representatives on the Harbour Station Commission, providing an
update on some of the 2000 and 2001 operational and fiscal highlights of Harbour
Station, and advising that they are looking forward to one of the best years ever in 2002
with the East Coast Music Awards to be televised nationally from Harbour Station in
February, the Saint John Flames season ticket base to be one of the highest yet, and
the Blue Room (the Corporate Lounge) having been sold out, be received and filed.
Question being taken, the motion was carried.
31. The Saint John Jeux Canada Games Foundation, Inc.
Revision To Previous Letter On Appointment Of Members
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the letter from The Saint
John Jeux Canada Games Foundation, Inc., advising of a revision to its letter considered
by Council on June 25, 2001 in that it erroneously stated that Richard Oland and James
MacMurray were recommended for reappointment for a three-year term ending
December 31, 2003, the resolution adopted at the annual meeting of the Governors held
on May 23, 2001 having been to recommend to Common Council that Patrick Darrah
and Joseph Flynn be reappointed Governors for a term ending December 31,2003, or
until their successors are appointed; and asking for Common Council's confirmation of
these appointments in due course, be referred to the Nominating Committee.
The initial motion, which was proposed by Councillor Desmond and not
seconded, was to reappoint the two people in question.
Question being taken, the motion was carried.
(Councillor Court withdrew from the meeting.)
32. Planning Advisory Committee
Street Assent - 37 Somerset Street
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted tentative
subdivision plan of 37 Somerset Street, entitled "Canterbury Developments Ltd.
Subdivision, Situate Somerset Street, City of Saint John, Saint John County, New
Brunswick", with respect to the vesting of an approximately 4-metre-wide, 49-square-
metre parcel of land as a public street.
Question being taken, the motion was carried.
33. Allan A. Williams And 052500 N.B. Ltd.
Re-ZoninQ Of Property On Ocean Westwav
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the application of Allan
A. Williams and 052500 N.B. Ltd. for the re-zoning of property on Ocean Westway 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 Tuesday, September 4, 2001 at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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COMMON COUNCIL
JULY 23, 2001
34. Saint John Art Club Inc. - Service On Committees
And Post Secondary Art Education In Community
On motion of Councillor Fitzgerald
Seconded by Deputy Mayor White
RESOLVED that the letter from Saint
John Art Club Inc. extending best wishes to the Mayor and Members of Council on the
commencement of their term of office; advising that the Club has over a hundred
members, many of whom may be of service to the community and would consider
serving on committees, and also advising that its present concern is the lack of post
secondary art education for the youth in the community, be received and filed.
Question being taken, the motion was carried.
(Councillor Court re-entered the meeting.)
36. Fundy Bay Holdings Limited - Withdrawal Of
Application To Re-Zone 475 Latimore Lake Road
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the letter from Fundy
Bay Holdings Limited requesting to withdraw its application for the re-zoning of 475
Latimore Lake Road be received and the request be granted; and the public hearing in
this regard scheduled for Tuesday, August 7,2001 be cancelled.
Question being taken, the motion was carried.
37. K.N. Biischlepp - Injured Animal In Uptown
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that the letter from K.N.
BUschlepp expressing concern in light of an incident which was observed in the Uptown
area involving an injured animal, the animal in question being a horse pulling a trolley for
"The Turn of The Century Trolley Rides"; advising of calls made to the Animal Rescue
League and the Rockwood Park Horse Barns in this regard and the suggestion that
perhaps an independent veterinarian could examine this horse and give an independent
assessment of whether or not it should be exploited and forced to work in this manner;
and expressing the view that, although this concerns a privately owned business, it is
City business as it directly involves tourism, be referred to the City Manager.
Question being taken, the motion was carried.
Adjournment
The Mayor, in adjourning the meeting, noted that the next regular meeting
of Council in open session was scheduled for Tuesday, August 7,2001 at 7:00 o'clock
p.m.
Assistant Common Clerk