2002-03-11_Minutes
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COMMON COUNCIL
MARCH 11, 2002
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the eleventh day of March, AD. 2002, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Court, Desmond,
Fitzgerald, Fitzpatrick, Teed, Titus and Trites
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; 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; J. Baird, Commissioner of Planning and
Development; W. Edwards, Commissioner of Buildings and
Inspection Services; S. Galbraith, Director of Works; D. Logan,
Purchasing Agent; G. Tait, Fire Chief; A Bodechon, Deputy Chief
of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher,
Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and offered the opening
prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that minutes of the meeting
of Common Council, held on March 4, 2002, be approved.
Question being taken, the motion was carried.
The Mayor noted the commencement of St. Patrick's week in the City
during which time a number of activities would be held.
4. Habitat For Humanity - Permit Costs
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mayor
McAlary submitting a letter from Habitat for Humanity Saint John Region Inc. requesting
a donation of the City's services again this year, the City last year having generously
donated all permits at an approximate cost of $3,000 to $4,000, required to build its fifth
affordable home in Saint John at Mount Pleasant Avenue East, be received and filed
and a grant in lieu of the permit costs be approved.
The Mayor noted that the house would be built at 264 Mount Pleasant
Avenue East, and Mr. Edwards pointed out that, in the permits listed, the electrical
permit would be issued by the Province of New Brunswick, not the City.
Question being taken, the motion was carried.
5. China Tour April 2002
Read a letter from Councillor Ball asking that his submitted letter on the
China Tour April 2002, which was considered at the February 18, 2002 Committee of the
Whole meeting, be advanced to the open session agenda of this meeting, such
submission comprised of eight pages, including a letter of invitation, a travel agenda and
a price quotation.
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MARCH 11, 2002
Councillor Ball expressed the understanding that the proposed tour has
been postponed for later in the year, thus it would be rather premature for him to discuss
it at this time.
On motion of Councillor Ball
Seconded by Councillor Titus
RESOLVED that the above letter from
Councillor Ball be received and filed.
Question being taken, the motion was carried.
6. Matters Referred Bv Council
Consideration was given to a letter from Councillor Teed regarding the
following matters referred by Council to several organizations to which no response
appears to have been reported: (1) Board of Trade - June 4,2001 - economic value of
education system, August 20, 2001 - decreasing population of the City; (2) Uptown Saint
John Inc. - July 9, 2001 - old advertising signs on buildings in City's heritage area,
September 4, 2001 - appearance of vacant buildings in the Uptown area; (3) Rockwood
Park Advisory Board - viewing tower south of Lily Lake; and (4) Parkin!:) Commission -
July 9, 2001 - rental income from parking lots on south side of Magazine Street on Fort
Howe.
On motion of Councillor Teed
Seconded by Councillor Fitzgerald
RESOLVED that the organizations
named in the above letter be requested to inform Council when Council might expect
some information as to what action has been or is being taken.
Question being taken, the motion was carried.
7. Luxurv Rail Vacation
On motion of Councillor Teed
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
Teed submitting a copy of a newspaper article regarding a new luxury cruise line on
rails, which is scheduled to commence with the first arrival in the City on July 12 and
could result in a major addition of some 3400 visitors to the City this year, and proposing
that the Tourist Department or other appropriate City staff be requested to inform
Council of plans and ramifications of this new adventure for the City, be referred to the
City Manager.
Question being taken, the motion was carried.
8. Recreation Facilitv And Activities
On motion of Councillor Teed
Seconded by Deputy Mayor White
RESOLVED that the letter from
Councillor Teed submitting a copy of a newspaper article concerning Fredericton's
recreation facilities and activities; suggesting that it could be useful to the public and the
Council members to be informed of how many of the items listed herein are maintained
by Saint John so citizens might better appreciate the work of the Recreation and Parks
Department, and proposing that the Commissioner be requested to furnish such
information, be referred to the City Manager for a report.
Question being taken, the motion was carried.
9. Closed Committee Of The Whole
Read a letter from Councillor Teed referring to the March 4, 2002
presentation made by the Saint John YM- YWCA in closed session of the Committee of
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the Whole respecting the acquisition of the Aquatic Centre and additional lands from the
City, his understanding of the unwritten rule being that discussions in closed session are
intended to be private; and also referring to a story or news release in the March 5, 2002
newspaper based on an interview with the YM- YWCA officer who attended the closed
meeting which purported to set out some of the discussions, this clearly being a
complete breach and violation of the concept of private confidential discussions which
were requested by the YM-YWCA and were the subject of the meeting.
On motion of Councillor Teed
Seconded by Councillor Court
RESOLVED that Council accept as its policy
that, when a party seeks a meeting in closed session of the Committee of the Whole of
Council, if any information disclosing the content of the discussions is given to the public
through the news media or otherwise by the party who requested the closed session,
Council members will thereafter be completely free to give their understanding and views
of the discussions at the meeting.
The Mayor advised that she could not support the motion because
Councillors should not break the rules just because others do, and Councillor Titus
concurred with the Mayor in this regard, expressing the understanding that, although
there was nothing to prevent Council members from speaking publicly about what took
place in private session, there was a bit of an understanding or moral obligation not to do
so; and advised that he would not support a group's second request to appear again in
private session if it had done so and subsequently talked about it in the press.
On motion of Councillor Trites
Seconded by Councillor Teed
RESOLVED that the above matter be
referred to the Council committee reviewing the Council Procedural By-law.
Question being taken, the referral motion was carried.
10. Tenants And Landlords
Read a letter from Councillor Teed referring to the concern about
protection of tenants from uncaring or slum landlords in that the prevailing philosophy
has been to wait until the government does something; suggesting, as an alternative,
that a special committee be established to review what presently exists and determine if
any changes within the power of the City can be made which might improve the
situation; and proposing that the City establish a special by-law review committee to be
composed of the following (a) members of Council with legal training, (b) one lawyer
nominated by the Saint John Law Society, (c) one lawyer nominated by the Municipal
Law Section of the Canadian Bar Association, (d) the City Solicitor or his designate, (e)
one person nominated by the N.B. Anti-Poverty Association, and (f) one person
nominated by the Saint John Real Estate Board, with the committee to (1) select its own
chairperson, (2) undertake a review of the law and City by-laws respecting control of
adequate accommodations and the procedures for enforcing minimum standards and
present recommendations it may feel could improve the current situation, and (3)
forward a report to Council monthly on its work until it completes its deliberations, and
further that the above-named organizations be requested to nominate a person within
the next two weeks.
Councillor Teed proposed a motion, which was not seconded, to establish
the committee as proposed in his above letter, whereupon the Mayor asked if Councilllor
Teed would agree, because the City Solicitor was working on a by-law committee with
the Province and was the one who reviewed City by-laws along with the City Manager,
to refer this matter to the City Manager and the City Solicitor for a report to Council. Mr.
Nugent assured Council that, while the issue of sub-standard accommodation in the
community has been highly profiled in the media for the past two months, this very
subject has been, and continues to be, the subject of very considerable commitment of
time and effort by City staff that long predated the attention it has received in the press,
and he would think it would be valuable for Council to receive a report which would (a)
describe the nature and extent of the sub-standard housing problem in the community to
profile, in a sense, the owners of housing of this sort, particularly identifying the number
of owners who may have more than one property which is significantly in violation of the
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codes that apply, and (b) review the by-laws that a municipality is empowered to adopt
dealing with the subject, the by-laws that Council has adopted, the investigation,
inspection and enforcement regime that has been in place for some time and continues
to be in place, and the progress that is being made on the initiative of getting the
Province to obtain improvements to the existing legislation, and he would think it would
be helpful for Council to initially have that information before it with respect to this
subject.
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the above matter be
referred to the City Manager and the City Solicitor for a report to Council.
Question being taken, the motion was carried.
3. NB Power - Coleson Cove Refurbishment
Consideration was given to the November 7,2001 letter from Jim Brogan,
Vice President, Generation (Conventional), NB Power, advising that the objective of the
Coleson Cove Generating Station refurbishment was to meet new and emerging
environmental standards for sulphur dioxide, nitrogen oxide and particulate emissions,
as well as to provide reliable electric power with stable rates; and indicating the intent to
provide a briefing on the project, its current status and the upcoming phases (having
been invited to do so by Council resolution of June 4,2001); and also to the March 7,
2002 letter from Pamela McKay, Manager, Public Relations, NB Power, advising the
intention for Jim Brogan to present on the Coleson Cove refurbishment project and for
John Sturgeon, Plant Operations Engineer, to present on behalf of BITOR America
Corporation, the fuel supplier, and submitting a package of general information on the
project and copies of the presentations. Accompanying Messrs. Brogan and Sturgeon at
the meeting were Charles Hickman who was responsible for all of the work being
undertaken as part of the environmental impact assessment, and Project Director
Gaetan Thomas.
Jim Brogan and John Sturgeon addressed Council in turn, through a
computer-aided presentation, and Mr. Brogan reviewed the need for the refurbishment,
the project particulars and benefits and the time lines, the preferred option, to ensure a
thousand megawatts of reliable energy from the facility and to meet all environmental
regulations, as well as being the most economic way to meet the fundamental
requirements of reliability and the environmental regulations, being to convert all three
units at the plant from heavy fuel oil to orimulsion, to be supplied by tanker at Can aport
from Venezuela; and advised that the total project costs would be $750 million, with the
plant scheduled to be in service on orimulsion by the fall of 2004 and the plant life
extended from 2017 to 2030. Mr. Brogan commented on NB Power's experience with
orimulsion, having converted its Dalhousie plant to orimulsion in 1994, as well as on the
upgrades to be undertaken at Coleson Cove, involving the installation of a scrubber
system - a sulphur removal unit to reduce sulphur dioxide (S02) emissions, a wet
electrostatic precipator to reduce the fine particulate emissions, and boiler modifications
and combustion equipment to enable fuel switching from heavy oil to orimulsion and
reduction of nitrogen oxide (NOx) emissions; and advised that, although the project was
targeted to clean up the plume now seen coming from the Coleson Cove plant, which
was contributed primarily to by nitrogen oxide and particulate, the plume, because of the
moisture used in the scrubbing process, will be a white, or a steam, plume instead of the
brownish plume presently seen, and referenced a graph on emissions improvements in
terms of targeted reductions of 77%, 70% and 55% or better, in S02, NOx and particulate
emissions, respectively. Mr. Brogan also commented on the labour requirements for the
project, involving the creation of an estimated 2,150 person-year jobs for engineering
and project management and construction trades, and on the intent for the fuel to be off-
loaded at Can aport, as well as on the project benefits anticipated in terms of reliability,
environmental standards and stable rates. Mr. Brogan also advised that the next public
hearing to be undertaken with the Public Utilities Board would be on the pipeline needed
to deliver fuel from Canaport to the Coleson Cove plant, the intention being to use the
existing pipeline with a short run of new additional piping in order to get from Canaport
over to the Refinery, and to have the shipping contingency plan, which is a Federal
requirement, completed by this summer, and summarized the work that needed to be
undertaken as part of the environmental impact assessment, involving a comparison of
the existing operation to the proposed operation on orimulsion and a comparison of the
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existing operation and natural gas to determine the environmental benefits of natural gas
versus the existing operation and in comparison to orimulsion.
John Sturgeon, speaking on behalf of Nelson Garcia of BITOR America
Corporation which sells NB Power the orimulsion fuel - a subsidiary of Petroleos de
Venezuela, apprised Council of the manufacture of orimulsion fuel from a bitumen
extracted from the Orinoco Belt in Venezuela - one of the world's largest reserves of
petroleum, as well as on BITOR's shipping record of orimulsion since 1991, including its
orimulsion spill prevention policy, there having been an ongoing international research,
development, testing and evaluation program on orimulsion spill control equipment and
procedures. On the issue of environmental and ecological effects in the event of a spill,
Mr. Sturgeon referred to a slide depicting a life-chain of various plants, animals, fish,
humans, birds and so on, as well as work done by various international research
institutions, including a fate and effect study on the ecological effects of a spill in the Bay
of Fundy, the results of the latter test having indicated that there would be no greater
impact of orimulsion fuel than a spill of #6 fuel oil which was currently being shipped and
used at Coleson Cove; and referred to a graph comparing the physical properties and
chemical composition of orimulsion and fuel oil #6, as well as the effect on a bird feather
of orimulsion and fuel oil, noting that the end result from all the testing was that
orimulsion was less toxic than #6 fuel oil. Mr. Sturgeon reviewed the conclusions of an
extensive study on orimulsion completed in 2001 by the Environmental Protection
Agency of the United States, and summarized his comments in terms of the plentiful and
reliable supply of orimulsion, the safe transportation of the fuel and BITOR's
commitments to it, the proven recovery techniques in the unlikely event of a spill, and the
low environmental risks of orimulsion, adding that Nelson Garcia would be happy to
address Council if, at some future time, Council wanted a more elaborate presentation
on orimulsion fuel.
Messrs. Brogan and Sturgeon responded to questions on the project, and
the Mayor thanked them for their presentation.
11. Tender For Rental Equipment
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender for the establishment of supply agreements for the provision of
rental equipment, for the period of one year from the date of award by Common Council,
be awarded to the lowest bidder(s) in each case, as indicated in the submitted summary.
Question being taken, the motion was carried.
12. Fees For Sportsfields - 2002, 2003, 2004
Consideration was given to a report from the City Manager advising that
the fees to reserve the City's 30 baseball/softball fields, 34 tennis courts and 3
football/soccer fields have not been adjusted for several years and staff is
recommending an increase in the user fees for the facilities for the years 2002, 2003 and
2004 with the charge for usage by youth groups to remain at the present rate, staff's
intention being to notify user groups of the sportsfields the user fees for 2002 during the
month of March; also advising that the proposed increase of between 15% and 20% per
year for adults, with some increases above 20% such as adult football which will see the
fee increase in 2002 by 33% as the current fee is very low when compared to other
groups and users, are projected to provide increased revenue to the City of $7,000 in
2002, $15,000 in 2003 and $22,000 in 2004 over the 2001 revenue; also advising the
issues considered in developing the submitted proposed fee schedule which was
presented by staff to a meeting of the Recreation and Parks Advisory Board which
supported the proposed fees; and recommending adoption of the fees as submitted.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council adopt the proposed fees for sportsfields for 2002, 2003
and 2004, as submitted.
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During discussion Councillor Fitzgerald expressed the view that it was not
a fair arrangement for the fee for baseball to be almost double that for softball, and
advised that, if the motion were defeated, he would move a motion that the senior and
intermediate and junior rates be similar to the softball rates
Question being taken, the motion was carried with Councillor Fitzgerald
voting "nay'.
13. Operational Review Of Crane Mountain Landfill
Consideration was given to a report from the City Manager further to
Council's February 18, 2002 referral of an item suggesting an operational review at the
Crane Mountain landfill; advising that a so-called operational review is not contemplated
in the Clean Environment Act, although the legislation does provide for Cabinet to
appoint a trustee to replace the Commission to oversee operations at the landfill if any
one of three conditions exist; and recommending that the Mayor be authorized to
forward the submitted letter to the Minister of Local Government and Environment in an
attempt to position Council as responding to community concerns and bringing them to
the Minister's attention, with the request that she have her staff provide advice as to
whether any of the three conditions exists.
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Her Worship Mayor McAlary be authorized to forward the submitted
letter to the Minister of Local Government and Environment, The Honourable Kim
Jardine.
Question being taken, the motion was carried.
(Councillors Ball and Fitzpatrick withdrew from the meeting as they were
not present for the March 4, 2002 public hearings for the proposed Municipal Plan
amendment and re-zoning of 77 Golden Grove Road, the proposed Zoning By-law text
amendment with regard to the "B-3" Central Business zone, and the proposed re-zoning
of 87 Canterbury Street.)
14(a) Letters, (b) Municipal Plan Amendment, (c) Re-Zoning &
ImposinQ Of Section 39 Conditions - 77 Golden Grove Road
14{a)
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the letters from Mrs. Coby
Goguen, Dana and Sandra MacDougall and Edgar Malley, which were presented to
Council by Gerald Goguen at the March 4, 2002 public hearing for a proposed Municipal
Plan amendment and the re-zoning of property located at 77 Golden Grove Road,
expressing opposition to the proposed re-zoning, be received and filed.
Question being taken, the motion was carried.
14{b)
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a parcel of land with an area of approximately 1.4 hectares (3.5 acres),
located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density
Residential to Service Corridor classification, be read.
Question being taken, the motion was carried.
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The by-law entitled, "A Law To Amend The Municipal Plan By-law", was
read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a parcel of land with an area of approximately 1.4 hectares (3.5 acres),
located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density
Residential to Service Corridor classification, be read a third time and enacted and the
Corporate Common Seal be affixed thereto.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
14{ c )
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-587 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) adding the following to the list of zones in Section 30(1): "special zones SZ#8",
and adding the following as Section 740(8): "(8) Special Zone #8 (SZ#8) (a) Uses Any
land, building or structure may be used for the purposes of, and for no other purpose
than, (i) the following uses: a self-storage warehouse facility; a retail store; a business
office; a personal service shop; a repair service shop; a restaurant;(ii) subject to Section
830, an accessory building, structure or use, incidental to a use, building or structure
permitted in this zone.; (b) Zone Standards -Standards for development in Special Zone
#8 shall be as set out in Section 620(3), and Sections 810 to 910 where this zone shall
be considered an "1-1" zone or an "I" zone, as the case may be. "; and (2) re-zoning a
parcel of land with an area of approximately 1.4 hectares (3.5 acres), located at 77
Golden Grove Road (NBGIC Number 300111), from "RS-2" One and Two Family
Suburban Residential to "SZ#8" Special Zone #8, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P. 100-587 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-587 A Law To Amend The Zoning By-law Of The City Of Saint John",
by adding "special zones SZ#8", its uses and standards, and re-zoning a parcel of land
with an area of approximately 1.4 hectares (3.5 acres), located at 77 Golden Grove
Road (NBGIC Number 300111), from "RS-2" One and Two Family Suburban Residential
to "SZ#8" Special Zone #8, be read a third time and enacted and the Corporate
Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the subject
site is restricted to the applicant's proposal to develop a combination of retail/commercial
buildings and self-storage warehousing, (b) the retail/commercial use of the site is
limited to a maximum of approximately 930 square meters (10,000 square feet) of
commercial space, (c) the site must be developed and maintained in accordance with an
approved detailed site plan, which would be prepared by the proponent and submitted to
the Development Officer for approval, illustrating the location of buildings, driveway
access, parking area, exterior lighting, and landscaping, and that this approved site plan
be attached to the application for the required building permit, (d) the driveway and
parking area(s) for the commercial component of the development, located at the front of
the property, must be paved with asphalt and enclosed with continuous concrete
curbing, and site drainage must be in accordance with a detailed plan approved by the
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MARCH 11, 2002
Chief City Engineer, (e) landscaping must be extended onto the street right-of-way to the
existing curb, and (f) all public utilities must be provided by underground conduits from
existing facilities to any building.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "By-law Number C.P. 100-587 A
Law To Amend The Zoning By-law Of The City Of Saint John".
15. Zoning By-law Text Amendment
Re "B-3" Central Business Zone
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled, "By-
law Number C.P. 100-588 A Law To Amend The Zoning By-law Of The City Of Saint
John", by (1) adding the words "subject to subsection (3)(e), a" immediately before the
words "beverage room, club or lounge" in Section 540(1)(a), (2) adding the following as
Section 540(3)(c)(ii): "(ii) notwithstanding (c) above, a dwelling unit may be located
below the second storey and the main access to any dwelling unit may be from outside
the building at ground level, where such building is located on a lot that is less than 30
metres from an 'R' zone.", and (3) adding the following as Section 540(3)(e): "(e) a
beverage room, club or lounge may not be located within 30 metres of an 'R' zone.", be
read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P. 100-588 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-588 A Law To Amend The Zoning By-law Of The City Of Saint John",
be read a third time and enacted and the Corporate Common Seal be affixed thereto.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "By-law Number C.P. 100-588 A
Law To Amend The Zoning By-law Of The City Of Saint John".
16. ZoninQ Bv-Iaw Amendment - 87 Canterbury Street
The Mayor called for a motion to receive and file the proposed Zoning By-
law amendment to re-zone 87 Canterbury Street in that, third reading having been given
to the By-law amendment under agenda item 15, it was no longer necessary to re-zone
the Canterbury Street property in question.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the above matter be
received and filed.
Question being taken, the motion was carried.
17. Business Improvement Levv Bv-Iaw Amendment
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled,
"By-law Number B-114-13 A Law To Amend The Business Improvement Levy By-law",
be read.
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Question being taken, the motion was carried.
The by-law entitled, "By-law Number B-114-13 A Law To Amend The
Business Improvement Levy By-law", was read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the by-law entitled,
"By-law Number B-114-13 A Law To Amend The Business Improvement Levy By-law",
be read a third time and enacted and the Corporate Common Seal be affixed thereto.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "By-law Number B-114-13 A Law To
Amend The Business Improvement Levy By-law".
(Councillors Ball and Fitzpatrick re-entered the meeting.)
18. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, March 4, 2002, when there
were present Mayor McAlary, Deputy Mayor White and Councillors Chase, Court,
Desmond, Fitzgerald, Teed, Titus and Trites, and your Committee submits the following
recommendation, namely:
1. That as recommended by the City Manager, the City of Saint John (1)
acquire the fee simple interest in PID Number 351981 from Roland and Elaine McFate,
for $27,875, plus HST (if applicable), on or before May 31,2002, and the fee simple
interest in PID Number 447144 from Cyril and Jacqueline McFate, for $26,760, plus HST
(if applicable), on or before May 31, 2002, such property located in the Loch Lomond
watershed; and (2) pay the cost the cost to convert PID Numbers 351981 and 447144 to
land titles, and further that the Mayor and Common Clerk be authorized to execute the
submitted Offers of Purchase and Sale.
March 11,2002,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
18.1. Acquisition Of Land In Loch Lomond Watershed
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
19. Saint John Art Advisory Board - Gift Of
OriQinal Print To City In Appreciation
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the letter from Wm. R.
Fitzpatrick, Chair of the Saint John Art Advisory Board, expressing appreciation on
behalf of deep see Festival 2001 by this note, together with an original print - the
creation of Herzl Kashetsky, whose work was commissioned by deep see specifically for
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MARCH 11, 2002
presentation to Council and a number of other supporters of the 2001 Festival, be
received and filed and a letter of appreciation be forwarded to the Board for the gift of
the print to the City.
Question being taken, the motion was carried.
20. Axel & Margarete Begner - Amendment To Section
39 Conditions Of Re-ZoninQ Of 357 Dufferin Row
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the application of Axel
and Margarete Begner for an amendment to the Section 39 conditions of 357 Dufferin
Row be referred to the Planning Advisory Committee for a report and recommendation
and the necessary advertising be authorized in this regard, with the public hearing to be
held on Monday, April 15, 2002 at 7:00 o'clock p.m.
Question being taken, the motion was carried.
21. John P. Barry - Follow-up To Previous Request For
Ad-Hoc Committee On Watershed Exceptions
The Mayor suggested that John Barry's letter with regard to his previous
suggestion of the creation of an ad hoc committee on watershed exceptions could be
forwarded to the Nominating Committee as the Committee has not dealt with this matter
to date.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the letter from John P.
Barry asking the status of the referral to the Nominating Committee of his previous letter
to Council on November 5, 2001, suggesting that there be an ad-hoc citizens' committee
to investigate and develop scientific positions necessary to convince the Provincial
Government of the fallacy of granting recreational exceptions for watersheds in southern
New Brunswick, including Loch Lomond and Musquash, be received and Mr. Barry be
advised that the Nominating Committee will have this matter on the agenda of its next
meeting.
Question being taken, the motion was carried.
22. Communities In Bloom - DisbandinQ Of Committee
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from Jude Carson,
Chairperson of the Greater Saint John Communities in Bloom committee, advising of the
committee's decision to disband, having achieved the highest success possible within
the national Communities in Blooms program, and thanking Council for its support and
goodwill towards the committee's efforts, be received and Ms. Carson and her
committee be thanked for a job well done.
Question being taken, the motion was carried.
23. Local 771, IAFF, Saint John Fire Fighters'
Association - Participation In Task Force
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the letter from Local
771, IAFF, Saint John Fire Fighters' Association, advising that the members of Local 771
were under the impression that the objective of the recent Task Force appointed to
examine ways to alleviate the City's financial pressures was to lobby the Provincial
Government to find ways to help the City of Saint John fulfill its budget demands;
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however, as this does not appear to be the case as the focus of the February 12 meeting
seemed to centre around how the City's various departments would find ways to budget
with the current sources of revenue or create new sources of revenue rather than
discuss how to lobby the Provincial Government to increase funding, the members of
Local 771 will not be participating in the Task Force until the intended objective is being
followed, namely that of a lobby group, be received and filed.
Question being taken, the motion was carried.
24. Fundy Bay Sand & Gravel Inc. - Re-
ZoninQ Of Property On Latimore Lake Road
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the application of
Fundy Bay Sand & Gravel Inc. for the re-zoning of property on Latimore Lake Road be
referred to the Planning Advisory Committee for a report and recommendation and the
necessary advertising be authorized in this regard, with the public hearing to be held on
Monday, April 15, 2002, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
25. The Saint John Women's Conference - Support
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that with regard to the
letter from The Saint John Women's Conference requesting a financial contribution for its
7th annual conference to be held on April 20, 2002 or for a product or service to be
utilized for a silent auction if a financial commitment could not be made at this time, a
grant of $500 be approved.
Question being taken, the motion was carried.
26. The Outdoor Adventure Company - Amphibious Bus
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that the letter from The Outdoor
Adventure Company requesting permission to operate a 43-passenger amphibious bus
in the Saint John area, and submitting a copy of the proposed route as well as a picture
of one of the craft operating in Halifax, be referred to the City Manager for a report on
how this Company could operate as requested.
Question being taken, the motion was carried.
27. Arthur Melanson - ChanQes In South End ParkinQ
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from Arthur
Melanson submitting a situation analysis and summary with respect to the Saint John
Parking Commission's proposal for off-street parking during snow removal in the City's
south central peninsula; advising that, although the Commission posted public notices
and announcements in this regard, he has met many people who do not know about the
changes and he feels the public process is flawed in this effort in that it is not informing
the direct population who would be affected by them; and requesting that, due to the
serious nature of the process and recommendations of the Commission's report to
Council on January 21, 2002, this be done by direct mail as is the normal and
appropriate method used by the Commission when a parking permit program is
requested for a City street, be referred to the Saint John Parking Commission.
Question being taken, the motion was carried.
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28. Maritime International Distribution Inc.
Re-ZoninQ Of 340 Rothesav Avenue
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the application of Maritime
International Distribution Inc. for the re-zoning of property located at 340 Rothesay
Avenue be referred to the Planning Advisory Committee for a report and
recommendation and the necessary advertising be authorized in this regard, with the
public hearing to be held on Monday, April 15, 2002, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
29. Saint John Board Of Trade - Nominee To
Board Of Directors - Enterprise Saint John
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Saint John Board of Trade putting forward the name of Stephen D. MacMackin as its
nominee to serve as one of the City of Saint John's appointees to the Board of Directors
of the Greater Saint John Community Economic Development Agency (Enterprise Saint
John), and asking Council to look favourably on this nomination, be referred to the
Nominating Committee.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk