2002-12-16_Minutes
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DECEMBER 16, 2002
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixteenth day of December, A.D. 2002, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Chase, 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; B. Morrison, Director of Recreation and
Parks; D. Logan, Purchasing Agent; E. LeBlanc, Insurance and
Claims Officer; G. Tait, Fire Chief; R. Simonds, Deputy Fire
Chief; A. Bodechon, Deputy Chief of Police; Mrs. K. Holyoke,
Assistant Comptroller; Ms. S. Greer, Communications Officer;
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 Dr. Paul A. Brown of the
Canadian Bible Society offered the opening prayer.
2. Approval Of Minutes
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the minutes of the
meeting of Common Council, held on December 9, 2002, be approved.
Question being taken, the motion was carried.
3. Approval of AQenda & *Added Item
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the agenda of this
meeting be approved, with the addition as item 18A of a Saint John Industrial Parks Ltd.
recommendation from Committee of the Whole earlier this date.
Question being taken, the motion was carried.
On motion of Councillor Titus
Seconded by Councillor Fitzgerald
RESOLVED that agenda item 23, being
a letter from Councillor Titus regarding Council reduction, be brought forward for
consideration as item 4D.
Question being taken, the motion was lost with a majority of the Council
members present voting "nay".
4{a) Municipal Plan And ZoninQ Bv-Iaw Amendments 1382 Hickev Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A and Section 2.4.7.15 a parcel of land with an area of approximately 1.5
hectares (3.7 acres), located at 1382 Hickey Road (PID Number 55007066), from
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District Centre Commercial to Light Industrial classification as an Approved Light
Industrial Development; and (b) a proposed Zoning By-law text amendment to add
Special Zone #12 - "SZ#12" to the list of zones in Section 30(1) and to add its uses and
standards as Section 740(12), and the proposed re-zoning of the same parcel of land at
1382 Hickey Road from "B-2" General Business to "SZ#12" Special Zone #12, to permit
the development of a self-storage warehouse facility, in addition to the uses currently
permitted in the "B-2" General Business zoning of the property, as requested by Dale
Mott and Andrew MacDonald, and no written objections were received in this regard.
4{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
December 10, 2002 meeting at which Dale Mott spoke in favour of the proposal on
behalf of the applicants and expressed agreement with the staff recommendation,
including the recommended Section 39 conditions, and Ronald Montyr, owner of the
adjacent property to the east of the subject site, expressed concerns about the proposal;
and recommending that Common Council (1) amend Schedule 2-A and Section 2.4.7.15
of the Municipal Development Plan by redesignating a parcel of land with an area of
approximately 1.5 hectares (3.7 acres), located at 1382 Hickey Road, also identified as
being PID Number 55007066, from District Centre Commercial to Light Industrial as an
Approved Light Industrial Development; and (2) amend the Zoning By-law by (a) adding
the following to the list of zones in Section 30(1): "special zones SZ#12"; (b) adding the
following as Section 740(12): "(12) Special Zone #12 (SZ#12); (a) Uses Any land,
building or structure may be used for the purpose of, and for no other purpose than, (1)
the following uses: all uses permitted in Section 520(1)(a), subject to any applicable
conditions contained in Section 520(2); (ii) the following uses subject to such terms and
conditions as may be imposed by the Committee: a self-storage warehouse facility; all
uses permitted in Section 520(1)(b), subject to any applicable conditions contained in
Section 520(2); (iii) 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 #12 shall be as set out in Section 520(3),
and Section 810 to 910 where this zone shall be considered a "B-2" zone, a "B" zone, or
a business zone, as the case may be"; and (c) re-zoning the same parcel of land at 1382
Hickey Road, as described above, from "B-2" General Business to "SZ#12" Special
Zone #12 classification, subject to a resolution pursuant to Section 39 of the Community
Planning Act setting out the following conditions: (i) except as indicated in condition
(x)(B), the developer must pave all parking areas, vehicle manoeuvring areas and
driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the
landscaped areas and to facilitate proper drainage; (ii) adequate site drainage facilities
must be provided by the developer, including catch basins where necessary, in
accordance with a detailed drainage plan, prepared by the developer and subject to the
approval of the Chief City Engineer or his designate, and the approved drainage plan
must be attached to any application for building permit for the development; (iii) the
developer must landscape all disturbed areas of the site not occupied by buildings,
driveways and walkways, parking or loading areas, including the City street right-of-way
to the edge of the City sidewalk; (iv) the landscaping along the front lot line of the
developed portion of the site must have a minimum width of 3 metres (10 feet), inside
the front lot line, except where interrupted by a permitted driveway and except where a
variance to permit a smaller landscaped area has been granted by the Planning
Advisory Committee; (v) telephone and electrical wires must be installed underground
from the existing overhead facilities on the street to any building on the site; (vi) the
exact location of any access driveway is subject to the approval of the Chief City
Engineer or his designate; (vii) the site shall not be developed except in accordance with
a detailed site plan and detailed building elevation plans, prepared by the developer and
subject to the approval of the Development Officer, indicating the location, design and
exterior materials of all buildings, the location and treatment of parking areas, driveways,
loading areas, signs, exterior lighting, landscaped areas and other site features,
including those listed above, and the approved site plan and building elevation plans
must be attached to any application for building permit for the development; (viii) all site
improvements as shown on the approved site plan and drainage plan must be
completed within one year of building permit approval; (ix) the use of the site for the
operation of a car wash is subject to the following additional conditions: (A) the
proponent shall only use cleaning agents which are biodegradable and approved by the
N.B. Department of Environment and Local Government, and no petroleum solvents
shall be used or permitted on the site; (B) no washing of engines or other articles which
are, or are likely to be, contaminated with oil or grease shall take place at the site; (C)
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the proponent shall install and maintain a wastewater treatment system within each
wash bay, consisting of: (1) an asphalt or concrete surface graded to a catch basin
located within this surface, followed by, (2) a sand and grit interceptor, followed by, (3)
an oillwater separator, (4) and which discharges to the municipal sanitary sewer system;
(D) all wash water shall be disposed of through the wastewater treatment system; (E)
the proponent shall periodically clean accumulated sand and grit from the wastewater
treatment system; and (F) the maximum allowable wastewater discharge concentration
is: BOD 25 mgll, suspended solids 25 mgll, surfactants 5 mgll, oil and grease 15 mg/l;
(x) the use of the site for the operation of a self-storage warehouse facility is subject to
the following additional conditions: (A) the location of the facility is restricted to the
southeast portion of the site, to the rear of the existing car wash building, and (B) the
vehicular circulation area within the self-storage compound must be surfaced with
asphalt or such other all-weather dust-free surface (e.g. crushed stone) of sufficient
strength to carry imposed loads.
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A and
Section 2.4.7.15 a parcel of land with an area of approximately 1.5 hectares (3.7 acres),
located at 1382 Hickey Road (PID Number 55007066), from District Centre Commercial
to Light Industrial classification as an Approved Light Industrial Development, be read a
first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A and
Section 2.4.7.15 a parcel of land with an area of approximately 1.5 hectares (3.7 acres),
located at 1382 Hickey Road (PID Number 55007066), from District Centre Commercial
to Light Industrial classification as an Approved Light Industrial Development, be read a
second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Deputy Mayor White
Seconded by Councillor Desmond
RESOLVED that the by-law entitled,
"By-law Number C.P. 100-607 A Law To Amend The Zoning By-law Of The City Of Saint
John", by adding "special zones SZ#12", to the list of zones in Section 30(1), and its
uses and standards as Section 740(12), and by re-zoning a parcel of land with an area
of approximately 1.5 hectares (3.7 acres), located at 1382 Hickey Road (PID Number
55007066), from "B-2" General Business to "SZ12" Special Zone #12, pursuant to
Section 39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "By-law Number C.P. 100-607 A Law
To Amend The Zoning By-law Of The City Of Saint John".
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled,
"By-law Number C.P. 100-607 A Law To Amend The Zoning By-law Of The City Of Saint
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DECEMBER 16, 2002
John", by adding "special zones SZ#12", to the list of zones in Section 30(1), and its
uses and standards as Section 740(12), and by re-zoning a parcel of land with an area
of approximately 1.5 hectares (3.7 acres), located at 1382 Hickey Road (PID Number
55007066), from "B-2" General Business to "SZ12" Special Zone #12, pursuant to
Section 39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "By-law Number C.P. 100-607 A
Law To Amend The Zoning By-law Of The City Of Saint John".
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that the correspondence in
the above regard be received and filed.
Question being taken, the motion was carried.
5. 2003 OperatinQ And Capital BudQets - General Fund
Consideration was given to a report from the City Manager (1) seeking
Council's approval of a series of recommendations that, if approved, will constitute the
adoption of the Operating and Capital Budgets of the General Fund for the year 2003,
(2) providing Council with staff's projection of the 2004 Operating Budget as a result of
anticipated events in the next twelve months, and (3) informing Council of a series of
topics that will be the subject of staff reports and recommendations early in the coming
year for change and improvement as part of the ongoing Organizational Renewal
Initiative which will require Council, in each case, to make policy decisions on the long-
term direction to be pursued by the City in a number of service areas; and commenting
on the following positive initiatives within the proposed 2003 Operating Budget of
$91,615,198: (1) a stable tax rate is being maintained, (2) the expenditure reductions are
sustainable, (3) a smaller, more efficient administration is being created, (4) a move to
full costing of fleet expenditures, (5) a reduction in the size of the municipal fleet, (6) a
move to full costing of investments in technology, (7) a "pay-as-we-go" approach to
investments in technology; (8) the funding of all labour costs within the Operating
Budget, (9) funds are committed to ensure the City complies with the Official Languages
Act, (10) an enhanced commitment to the Emergency Measures Organization; and (11)
financial management. The report includes a "big picture view" of the reconciliation of
the budget process in terms of the earlier expectation of a funding shortfall of $6,763,000
and where the money has been found to cover that shortfall, as well as a summary of
the impact on services to the public over time from a reduction in staff members
providing management, secretarial, clerical and engineering support further to the
Organizational Renewal Program which will result in 40 fewer permanent positions being
funded in 2003 and with provision prior to the end of 2003 for the recruitment of not more
than four positions, as follows: (1) delays in moving forward with certain municipal works
initiatives stemming from a decrease in technical and surveying capabilities, (2 a
decrease with respect to certain by-law enforcement issues not deemed critical, (3) a
greater dependence on many of the outside workers to manage projects, programs and
schedules, (4) a diminished level of support for the broader economic issues
surrounding an international trade corridor, (5) a decreased involvement in Provincial
initiatives related to Municipal Provincial transfer payments, (6) decreased support to
management of the Police Force through the provision of a labour relations facilitator, (7)
delays in responding to certain requests of Council that occur at weekly Council
meetings, (8) fewer staff, coupled with the costs of translation and interpretation
services, will eventually cause Council to reflect on how often it holds meetings and
conducts City business, (9) efforts by the remaining City staff to have third parties
provide certain services at community centres as well as to certain segments of the
community, such as seniors, and (10) simply as a result of workload, remaining staff will
be unable to support other agencies, groups and organizations to the same level; and
outlines other proposed changes in 2003, beyond the Organizational Renewal Strategy,
the most significant decision inherent in the recommendations being a major
reorganization of the Fire Service; advises that, in approving the 2003 Operating Budget,
the following decisions are being made: (a) Municipal employees will no longer maintain
Mispec Park and the surrounding area, (b) there will be less grass cutting and
maintenance on certain public areas, (c) the City will no longer be providing lifeguard
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services at any of the public beaches, (d) ongoing discussions with the Rotary Boys &
Girls Club will result in the Club taking over responsibility for daily programming of the
City's South End Community Centre, (e) the Horticultural Association's services will be
engaged to maintain the Public Gardens and greenhouses to traditional standards and
to continue to operate the Rockwood Park Campsite with $56,000 to be provided to the
Association, (f) a continuation of programs begun in 2002 related to Spring Clean-up
Week, (g) providing a subsidy to the various youth associations which utilize civic arenas
and pool time at the Aquatic Centre based on "registrants who are permanent residents
of the City of Saint John" beginning with the fall 2003 enrolments, and (h) an effort to
reduce the size of the municipal fleet, with citizens to experience occasional delays in
snow clearing operations beginning in the winter of 2003/2004; and notes that both the
2003 Operating Budget and the proposed 2004 Operating Budget for the Saint John
Board of Police Commissioners include an amount of $15,514,309 for the provision of
policing services - $500,000 less than the actual amount requested by the Commission,
and the amount of $2,234,000 for the Saint John Transit Commission, while $50,000
less than the amount requested, still represents an increase of $200,000, more than
Council had finally approved for 2002; and, with regard to non-core or soft services,
advising that programs to protect the heritage area and preserve local cultural initiatives
are being maintained at the 2002 level, the complement of permanent staff assigned to
selling the City as well as servicing the various tourism markets is being reduced, and
funding for the Human Development Council is proposed at the same amount as existed
in 2002.
With regard to the proposed 2003 Capital Budget, the City Manager's
report advises that the recommended 2003 Capital Program calls for a total investment
of $9,520,000, of which $2,000,000 will be funded from the current year's revenues;
comments on the funding allocated to (1) roads, streets and the storm sewer system; (2)
economic development initiatives in terms of Saint John Industrial Parks Ltd., the
Residential Infrastructure Assistance Program, a proposed extension of municipal
services to Drury Cove, and an additional investment in the waterfront; (3) information
technology, (4) the fleet, and (5) other items including an investment in the Lord
Beaverbrook Rink in the start of a multi-year program intended to extend the life of the
facility by another 20 to 30 years, an investment to allow the Police Commission to
finalize the establishment of its Emergency Response Team, and an investment to
enable the fire service to address issues surrounding fire fighters' safety; and notes the
absence of any reference to (i) the acquisition of the Coast Guard site in that, while there
is an expectation that the City will be able to acquire it in 2003 as a key element in the
waterfront development, it is extremely difficult to anticipate the outcome of negotiations
at this time; (ii) the Kennebecasis Drive I Sandy Point Road loop in that the completion
of the detailed design is just about finalized and staff has been having discussions with
property owners, the University and Provincial staff in order to determine if potential
partners exist to rationalize the very significant investment in this project, and it is
premature to speculate on the level of funding expected of the City at the current time.
Included in the City Manager's report is a 2004 Operating Budget, which
provides for a stable tax rate on the following assumptions: (1) a growth in the tax base
by 2.25%, (2) only minor changes in revenue from all other sources, (3) wage
settlements will track the rate of inflation, (4) departmental expenditure reductions made
in 2003 will prove to be sustainable, (5) with regard to water for fire protection, the four
year phase-in period to reach an appropriate amount as determined by the City's
consultants will be continued, (6) the operational changes for the fire service for 2003
are fully implemented, (7) possible changes in tenancies at Harbour Station will result in
increased funding requirements, (8) 2003 will be the last year of the City's commitment
to Enterprise Saint John's growth strategy, (9) all other 2003 recommendations will be
approved as presented, and (10) the provision for fleet replacement from the operation
budget will be increased to $1,750,000; and addresses the issue of the very significant
liability to be incurred as a result of the investment performance of the Pension Plan.
Also included in the report are comments on the 2003-2004 ongoing organizational
renewal, the administration to present to Council early in 2003 a series of reports dealing
with the following topics: the potential for a centralized approach to PSCC dispatch
services, the future direction for residential garbage pick-up services, the administration
of Common Clerk and City Solicitor services, multi-year debt management I reduction
program, management and operation of the City Market, regional cooperation on service
delivery, options for redevelopment/location of City Hall, strategic partnering for tourism
marketing and promotion, and publiclprivate partnership opportunities for recreation
facilities; expresses the view that the adoption of the proposed 2003 Operating and
Capital Budgets in many ways represents a new beginning in the City of Saint John and,
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as in reality municipal governments cannot continue to provide the same level of service
with the limited access to financial resources currently made available, every possible
effort must continue to be made to become more efficient, to enhance the level of
information available so as to make more informed decisions and to inject an added
degree of financial flexibility into the entire budget process in the years to come, and the
budget recommendations being placed before Council will prove to be the foundation for
continued organizational renewal and ultimately better, more cost-effective service
delivery to the citizens of the community; and recommends that Common Council adopt
the resolution set out in the submitted Schedule I with respect to the 2003 Operating and
Capital Budgets of the General Fund.
Mr. Totten made a verbal presentation of the above report.
(Councillor Trites withdrew from the meeting during the above
presentation. )
On motion of Councillor Titus
Seconded by Councillor Fitzgerald
RESOLVED that the 2003 Municipal Tax
Rate be set at $1.725 per $100 of assessment:
AND FURTHER that the amount of $91,615,198 be adopted as the
estimate required for the operation of the City of Saint John for 2003 as follows:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
General Government Services
Protective Services
Transportation Services
Environmental Health Services
Environmental Development Services
Recreation and Cultural Services
Fiscal Charges
$ 9,155,741
$34,104,376
$18,601,435
$ 2,850,978
$ 7,236,106
$ 5,962,888
$13,793,674
AND FURTHER that the amount of $6,477,603 be adopted as the
estimate for Non-Tax Revenue for the Year 2003:
AND FURTHER that the estimate required to be raised by levy on real
property assessment liable to taxation under the Assessment Act within the City for the
year 2003 be adopted in the amount of $66,017,405:
AND FURTHER that the Commissioner of Finance be given authority to
disburse funds, the time of which to be at his discretion, to the organizations mentioned
in the submitted Schedule II C:
AND FURTHER that the amount of $9,520,000 be adopted as the
estimate of the 2003 Capital Budget for 2003 as follows:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Economic Development Initiatives
Transportation Initiatives
Environment Landfill Closeout
Processes Supported by Technology
Fleet
City Buildings and Facilities
Municipal-owned Facilities
Protective Services
$1,870,000
$2,765,000
$ 100,000
$1,000,000
$1,500,000
$ 625,000
$ 260,000
$1,400,000
AND FURTHER that the Provincial Unconditional Grant of $19,120,190
be incorporated in the 2003 Budget.
(Councillor Trites re-entered the meeting.)
The Council members spoke in turn in the above regard, with Councillor
Court addressing his concern about reductions in funding to the Fire and Police
Departments and proposing three choices rather than adopting the budget before
Council at this time: (1) raising the tax rate by four cents thereby providing enough funds
for Fire and Police; (2) not passing the budget and, with the MLAs support, encouraging
the Provincial Government to discuss the hotel tax levy and gasoline tax rebate issues;
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DECEMBER 16, 2002
and (3) delaying the budget a month until the buy-out offer is revisited and instructing the
City Manager to make a proposal to the three big civic unions - Fire, Police and Outside
Workers, for a buy-out of their senior members; and Councillor Fitzpatrick questioning
various items in the budget in that he would be unable to support the motion as he could
not make an informed decision based on the information he had at this time and he
wanted to see the whole picture of what the City administration and the business the City
would be getting out of, rather than letting employees go and subsequently deciding
what to do with those remaining.
On motion of Councillor Court
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
laid on the table until the end of January 2003 and the City Manager be instructed to go
to the three civic unions in question and seek the numbers and come back to Council
with the budget.
Question being taken, the tabling motion was lost with the Mayor, the
Deputy Mayor and Councillors Ball, Chase, Desmond, Fitzgerald, Teed, Titus and Trites
voting "nay".
Question being taken, the original motion was carried with Councillors
Court and Fitzpatrick voting "nay".
Following a brief recess the Council meeting reconvened.
6. 2003 Establishment Of Permanent Positions
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, (1) the 2003 Establishment of Permanent Positions, as shown in the submitted
Appendix A, be approved; (2) one position of Lieutenant in Training and one position of
Fire Prevention Inspector be eliminated in the Fire Department; and (3) the number of
first class firefighter positions be reduced by 18 simultaneously with the future vacancy
of the positions by current incumbents for any reason.
Question being taken, the motion was carried with Councillors Court and
Fitzpatrick voting "nay".
7. OrQanizational Renewal StrateQV
Consideration was given to a report from the City Manager advising that,
further to his discussion with Council in Committee of the Whole of a personnel matter in
the Community Services Department, discussions have been held with the employee
concerned and a recommendation may be forthcoming on December 16,2002, and
requesting that Council provide the City Manager the opportunity at that time to submit
such a recommendation.
Consideration was also given to a report from the City Manager (copies of
which were distributed to the Council members on this date) submitting a
recommendation as a result of discussions in the above regard.
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, (1) the benefits under the Organizational Renewal Strategy, Early
Retirement Program adopted by Council on October 21, 2002 be offered to the
Community Services Coordinator 6 in the Community Services Department; (2)
Common Council approve the application of the employee shown on the submitted
Appendix A under the Organizational Renewal Strategy, Early Retirement Voluntary
Separation Policy adopted by Council on October 21,2002 on the basis that the
approval of the application will not unduly effect ordinary operations and services; (3) the
incumbent of the said position be retired upon the Order of Council; and (4) the position
of Community Services Coordinator 6 be deleted from the City's Establishment of
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permanent employees effective on the date upon which the current incumbent vacates
the position as determined by the City Manager, but in no case shall the date be later
than January 10, 2003.
Councillor Court expressed the view that the above matter should be held
off until the new year as Council was told by the City Manager that the timeframe for the
Program was closed, thus this violates the timeframe as the Program was offered and
the person concerned did not take the offer within the timeframe permitted.
Question being taken, the motion was carried with Councillors Court and
Fitzpatrick voting "nay".
8. Voluntarv Separation ProQram
Read a report from the City Manager advising that, under the terms and
conditions of the City of Saint John Pension Act, an individual who has not reached the
age of 55 is not entitled to receive a reduced pension and, as some of the employees
who have had applications approved under the recent Voluntary Separation Program will
not have reached the age of 55 at their time of retirement, they would not be entitled to
receive their reduced pension; however, the Pension Act anticipates this type of
circumstance and allows an exception to the age provision provided that the employees
are "retired on the order of Council"; also advising that the individuals affected by this
have been provided calculations of their pension entitlement should this motion be
approved and, in all cases, will receive a pension that is reduced by 5% for each year
they are retiring prior to their earliest date they could have retired had they continued to
be an employee of the City; and further advising that, by passing this motion, the
pension entitlement of the individuals listed will not be increased as would be the case
under the abolishment of office provisions as this motion simply entitles the employees
to commence receiving their reduced pension prior to the age of 55.
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the following individuals are to be retired on the order of Council on a
date to be set by the City Manager but in no case later than June 30, 2003: Richard
Brophy, Bill Butler, Peter Cleven, Lynn Couture, Mary Hogan, Rick Jones, Ric
McFarlane, Terry Sutton.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
9. Bv-Iaws To Be Repealed
Consideration was given to a report from the City Manager advising that,
as part of the process of consolidating the City's current by-laws prior to translation
under the Province's Municipal By-law Translation Program, a review of the relevancy
and enforceability of the by-laws was undertaken by City staff, the last major review
having been undertaken in 1995, and the decision to come forward at this time being to
avoid the unnecessary costs that may be associated with repealing the by-laws after
January 1,2003 (i.e. Official Languages Act); commenting on the following by-laws: (1)
Auctioneers, (2) Bicycle, (3 & 4) Business Licenses, (5) Community Disaster, (6)
Easement Fees, (7) Exhibitions, (8) Expectorating on Sidewalks, (9) Hackney Carriages,
(10-12) Harbour, (13) Kosher Meat, (14) Machinery & Equipment Depreciation Trust
Fund, (15) Shooting Galleries, and (16) Voluntary Fines; and recommending that first
and second readings be given to repeal the by-laws as submitted.
Councillor Teed proposed a motion to table the above matter, which was
not seconded, on the basis of his view that some of the above By-laws were perfectly
valid, including the one prohibiting smoking in buses, and also that, if the by-laws were
not translated into both official languages, they would not be effective in any event, thus
Council would get the same result as if they were repealed.
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DECEMBER 16, 2002
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the by-laws entitled, "A By-law To Repeal A Law To Provide For The
Granting Of Auctioneers Licenses In The City Of Saint John", "A By-law To Repeal A By-
law To Regulate The Operation Of Bicycles In The City Of Saint John", A By-law To
Repeal A By-law Relating To Business Licences In The City Of Saint John", "A By-law
To Repeal A Law To Provide For The Granting Of Business Licenses, And Relating To
Persons Not Being Free Citizens Doing Business In The City Of Saint John", "A By-law
To Repeal A By-law To Formulate Plans In The Event Of A Community Disaster", "A By-
law To Repeal A Law Respecting The Imposition Of Easement Fees In The City Of Saint
John", "A By-law To Repeal A By-law To Regulate And License Shows And Other
Exhibitions In The City Of Saint John", "A By-law To Repeal A Law To Prohibit Spitting
Or Expectorating On The Walks And Sidewalks Or Upon The Floors Of Other Public
Places And To Prohibit Smoking In Public Conveyances In The City Of Saint John", "A
By-law To Repeal A Law Respecting Hackney Carriages In The City Of Saint John", "A
By-law To Repeal By-laws Relating To The Harbour Of The City Of Saint John", "A By-
law To Repeal A Law To Regulate The Sale Of Kosher Meats In The City Of Saint
John", "A By-law To Repeal By-law Number M 106 A By-law To Provide For The
Payment Of Funds Into The Machinery And Equipment Depreciation Trust Fund", "A By-
law To Repeal A Law To Regulate Rifle Or Shooting Galleries In The City Of Saint
John", and "A By-law To Repeal A By-law Providing For The Payment Of Voluntary
Fines", be read a first time.
Question being taken, the motion was carried with Councillor Teed voting
"nay".
Read a first time the by-laws entitled, "A By-law To Repeal A Law To
Provide For The Granting Of Auctioneers Licenses In The City Of Saint John", "A By-law
To Repeal A By-law To Regulate The Operation Of Bicycles In The City Of Saint John",
A By-law To Repeal A By-law Relating To Business Licences In The City Of Saint John",
"A By-law To Repeal A Law To Provide For The Granting Of Business Licenses, And
Relating To Persons Not Being Free Citizens Doing Business In The City Of Saint John",
"A By-law To Repeal A By-law To Formulate Plans In The Event Of A Community
Disaster", "A By-law To Repeal A Law Respecting The Imposition Of Easement Fees In
The City Of Saint John", "A By-law To Repeal A By-law To Regulate And License Shows
And Other Exhibitions In The City Of Saint John", "A By-law To Repeal A Law To
Prohibit Spitting Or Expectorating On The Walks And Sidewalks Or Upon The Floors Of
Other Public Places And To Prohibit Smoking In Public Conveyances In The City Of
Saint John", "A By-law To Repeal A Law Respecting Hackney Carriages In The City Of
Saint John", "A By-law To Repeal By-laws Relating To The Harbour Of The City Of Saint
John", "A By-law To Repeal A Law To Regulate The Sale Of Kosher Meats In The City
Of Saint John", "A By-law To Repeal By-law Number M 106 A By-law To Provide For
The Payment Of Funds Into The Machinery And Equipment Depreciation Trust Fund", "A
By-law To Repeal A Law To Regulate Rifle Or Shooting Galleries In The City Of Saint
John", and "A By-law To Repeal A By-law Providing For The Payment Of Voluntary
Fines".
On motion of Deputy Mayor White
Seconded by Councillor Desmond
RESOLVED that the by-laws entitled, "A
By-law To Repeal A Law To Provide For The Granting Of Auctioneers Licenses In The
City Of Saint John", "A By-law To Repeal A By-law To Regulate The Operation Of
Bicycles In The City Of Saint John", A By-law To Repeal A By-law Relating To Business
Licences In The City Of Saint John", "A By-law To Repeal A Law To Provide For The
Granting Of Business Licenses, And Relating To Persons Not Being Free Citizens Doing
Business In The City Of Saint John", "A By-law To Repeal A By-law To Formulate Plans
In The Event Of A Community Disaster", "A By-law To Repeal A Law Respecting The
Imposition Of Easement Fees In The City Of Saint John", "A By-law To Repeal A By-law
To Regulate And License Shows And Other Exhibitions In The City Of Saint John", "A
By-law To Repeal A Law To Prohibit Spitting Or Expectorating On The Walks And
Sidewalks Or Upon The Floors Of Other Public Places And To Prohibit Smoking In
Public Conveyances In The City Of Saint John", "A By-law To Repeal A Law Respecting
Hackney Carriages In The City Of Saint John", "A By-law To Repeal By-laws Relating To
The Harbour Of The City Of Saint John", "A By-law To Repeal A Law To Regulate The
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COMMON COUNCIL
DECEMBER 16, 2002
Sale Of Kosher Meats In The City Of Saint John", "A By-law To Repeal By-law Number
M 106 A By-law To Provide For The Payment Of Funds Into The Machinery And
Equipment Depreciation Trust Fund", "A By-law To Repeal A Law To Regulate Rifle Or
Shooting Galleries In The City Of Saint John", and "A By-law To Repeal A By-law
Providing For The Payment Of Voluntary Fines", be read a second time.
Question being taken, the motion was carried with Councillor Teed voting
"nay".
Read a second time the by-laws entitled, "A By-law To Repeal A Law To
Provide For The Granting Of Auctioneers Licenses In The City Of Saint John", "A By-law
To Repeal A By-law To Regulate The Operation Of Bicycles In The City Of Saint John",
A By-law To Repeal A By-law Relating To Business Licences In The City Of Saint John",
"A By-law To Repeal A Law To Provide For The Granting Of Business Licenses, And
Relating To Persons Not Being Free Citizens Doing Business In The City Of Saint John",
"A By-law To Repeal A By-law To Formulate Plans In The Event Of A Community
Disaster", "A By-law To Repeal A Law Respecting The Imposition Of Easement Fees In
The City Of Saint John", "A By-law To Repeal A By-law To Regulate And License Shows
And Other Exhibitions In The City Of Saint John", "A By-law To Repeal A Law To
Prohibit Spitting Or Expectorating On The Walks And Sidewalks Or Upon The Floors Of
Other Public Places And To Prohibit Smoking In Public Conveyances In The City Of
Saint John", "A By-law To Repeal A Law Respecting Hackney Carriages In The City Of
Saint John", "A By-law To Repeal By-laws Relating To The Harbour Of The City Of Saint
John", "A By-law To Repeal A Law To Regulate The Sale Of Kosher Meats In The City
Of Saint John", "A By-law To Repeal By-law Number M 106 A By-law To Provide For
The Payment Of Funds Into The Machinery And Equipment Depreciation Trust Fund", "A
By-law To Repeal A Law To Regulate Rifle Or Shooting Galleries In The City Of Saint
John", and "A By-law To Repeal A By-law Providing For The Payment Of Voluntary
Fines".
10. Amendment To Residential Infrastructure Assistance ProQram
Read a report from the City Manager advising that, further to Council's
adoption on May 7, 2001 of the details of the Residential Infrastructure Assistance
Program, of the 13 applications, 2 have not proceeded and are no longer eligible and the
remaining 11 developments have resulted in approximately 50 new housing units being
developed with a potential of over 250 units; however, given the Program guidelines (3
years to complete), it is anticipated that no more than 150 units would be constructed;
and also advising that, as this Program has been a significant factor in these
developments and it would not be reasonable to withdraw completely from providing a
housing incentive program, the City has only limited financial resources and it is
therefore proposed that the Program be modified to eliminate the payment when the
units are built, and the subdivision cost sharing and the "topping up" to a maximum of
$6,000 per lot will remain to assist developers who experience sites with servicing
challenges such as rock.
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council amend the terms of the Residential Infrastructure
Assistance Program to only provide for one payment at the time of service installation
(maximum of $6,000) as previously provided and eliminate the second payment of
$4,000 per unit.
Question being taken, the motion was carried.
11. Section 39 AQreement - Re-ZoninQ In Drurv Cove Area
Consideration was given to a report from the City Manager referring to the
September 23, 2002 public hearing of the application of Blair Construction Ltd. for the re-
zoning of property in the Drury Cove area, at which first and second readings were given
and third reading held pending the negotiation of an agreement of a levy amount to be
paid by the developer for the extension of water and sewer services, and also referring
to the report from the City Manager to Council on November 12, 2002 setting out a levy
amount of $2,500 per lot and other items to be addressed in a Section 39 agreement;
and advising that, as Municipal Operations staff does not have the ability to simply add
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COMMON COUNCIL
DECEMBER 16, 2002
the design and management of this project to the already-substantial capital program
anticipated for the Water and Sewerage Utility in the next year, the developer has
agreed to a proposal to mange the design and construction of the service extension,
using City specifications and the Chief City Engineer approving all plans, with the total
cost of the project to be reviewed following the call of a public tender to ensure it is
within the proposed budget and all change orders to be approved by the City. The
report also advises that the City will approve only invoiced amounts for design and
construction and no mark-up is to be charged by the developer; however, for every dollar
below the estimate that is actually saved, the developer will be able to reduce 50 cents
of its $100,000 up-front contribution, such reduction not to reduce the total amount paid
by the developer, but only the timing of the payment; and, if Council is supportive of the
proposal as contained in the submitted agreement, third reading of the re-zoning should
be given; further advises that the City Solicitor has reported separately that Council can,
if it so wishes, require that covenants be placed on future lot owners preventing the use
of pesticides andlor herbicides and, from a community perspective, if such an initiative
were to be considered, it should be on a City-wide basis and not limited to a single
development and, while the developer does not have a fundamental objection to the
idea, there is a real concern as to how this will be enforced and, as the City is clearly not
in a position to undertake enforcement, it is therefore not recommended in the submitted
agreement; and recommends that Common Council consider third reading of the re-
zoning of the Drury Cove area subject to the endorsed Section 39 agreement.
On motion of Councillor Fitzgerald
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council consider third reading of the re-zoning of the Drury
Cove area subject to the endorsed Section 39 agreement.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "By-
law Number C.P. 100-604 A Law To Amend The Zoning By-law Of The City of Saint
John", insofar as it concerns re-zoning an area of land located between Drury Cove
Road and Mount Loyal Roadway, having an area of approximately 250 acres, also
identified as being PID Numbers 53207 and 297572, from "RF" Rural and "RS-2" One
and Two Family Suburban Residential to "RSS" One Family Serviced Suburban
Residential classification, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P. 100-604 A Law To Amend The
Zoning By-law Of The City of Saint John", was read in its entirety.
(Councillor Fitzpatrick withdrew from the meeting.)
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled,
"By-law Number C.P. 100-604 A Law To Amend The Zoning By-law Of The City of Saint
John", insofar as it concerns re-zoning an area of land located between Drury Cove
Road and Mount Loyal Roadway, having an area of approximately 250 acres, also
identified as being PID Numbers 53207 and 297572, from "RF" Rural and "RS-2" One
and Two Family Suburban Residential to "RSS" One Family Serviced Suburban
Residential classification, be read a third time and enacted and the Corporate Common
Service be affixed thereto:
AND FURTHER that the said re-zoning be subject to an agreement
pursuant to Section 39 of the Community Planning Act.
Question being taken, the motion was carried.
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COMMON COUNCIL
DECEMBER 16, 2002
Read a third time the by-law entitled, "By-law Number C.P. 100-604 A
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 Mayor and Common
Clerk be authorized to execute an agreement pursuant to Section 39 of the Community
Planning Act, consistent with the terms of the submitted draft agreement between the
City and Drury Cove Developments Inc.
Question being taken the motion was carried.
12. Subdivision Plan For Public Street Over Portion
Of Property On North Side Of University Avenue
Consideration was given to a report from the City Manager referring to
Common Council resolution of June 24,2002 authorizing the sale of an 11-acre portion
of property located on the northern side of the former Howes Lake dumpsite - PID
Number 55058986, to Property Management - Proman Ltd.; and advising that a tentative
subdivision scheme has been developed, part of which proposes a second access (to
the subdivision) over a portion of PID Number 469486 which is owned by the City and a
remnant of the Tucker Park Trust lands and Proman Ltd.'s proposal is not to acquire the
subject land but to seek permission to vest a portion of the land "public street".
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, (1) the City of Saint John authorize the filing of a subdivision
application which includes a proposed "public street" over a 725 m2.:!:....portion of PID
Number 469486, University Avenue, as generally shown on the submitted plan; (2) in the
event both the subdivision and related re-zoning applications are approved by the
Planning Advisory Committee and Common Council and in consideration for a payment
of $400 plus HST, Property Management - Proman Ltd. be authorized to construct and
vest (by subdivision plan) a "public street" over a 725 m2 .:!:. portion of PID Number
469486, as generally shown on the submitted plan, subject to the following: (a) Property
Management - Proman Ltd. indemnify and save harmless the City of Saint John from
and against all manner of action or claim that may arise from the construction of a street
over PID Number 469486; (b) Property Management - Proman Ltd. name the City of
Saint John co-insured in its liability insurance policy (in an amount not less that $2
million) during the period of road construction (on and over PID Number 469486) and
proof of such delivered to the Commissioner of Planning and Development; (c) Property
Management - Proman Ltd. prepare and pay for the appropriate subdivision plan; and
(d) in the event the vesting of a public street over Tucker Park Trust land is ever
challenged, Property Management - Proman Ltd. will at its sole means and expense
seek the appropriate legislative change to remove the subject lands from the Trust,
failing which will remove that portion of the public street crossing over PID Number
469486 and return the land to a natural state; and (3) the Mayor and Common Clerk be
authorized to sign the applicable documents.
Question being taken, the motion was carried.
13. Dangerous & Unsightly Condition Of
BuildinQ Located At 360 Ludlow Street
Read a report from the City Manager advising that the building located at
360 Ludlow Street, in the Building Inspector's opinion, is ready to collapse, creating a
dangerous condition and threatening to neighbouring properties and, as it is not
salvageable, demolition is the only option; also advising that the owners have indicated
that they are financially unable to demolish the building and offered to give the building
and property to the City at no charge in order to expedite demolition and also that they
acknowledge the building is not salvageable and poses a threat to neighbouring
properties; and further advising that, while the normal process could be followed with
respect to dangerous and unsightly properties as provided for under Section 190 of the
Municipalities Act resulting in the City affecting the demolition and incurring all costs with
little or no hope of ever recovering any of those costs, in the alternative the City could
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COMMON COUNCIL
DECEMBER 16, 2002
acquire the property for $1.00, demolish the building at an estimated cost in the area of
$8,000, and attempt to sell the vacant property, which would have a residual value of
approximately $6,000 thereby recovering some of the costs and also would avoid
additional costs and staff time associated with the Council and court process, and Saint
John Non-Profit Housing has a building adjacent to this site and has shown interest in
acquiring the vacant parcel for a project.
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, (1) the City of Saint John acquire the fee simple absolute interest in
360 Ludlow Street (PID Numbers 55008155 and 55062087), as generally shown on the
submitted plan, from Roger and Lisa Badeau, for $1.00; (2) the City shall pay any
outstanding real property taxes against the property at 360 Ludlow Street; (3) the City
shall administer and pay all legal requirements related to this acquisition; and (4) upon
acquisition and demolition of 360 Ludlow Street, staff be authorized to enter into
negotiations for the disposition of PID Numbers 5508155 and 55062087 to Saint John
Non-Profit Housing.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
14. Coastal Areas Protection LeQislation
Consideration was given to report from the City Manager referring to his
report to Council on March 18, 2002 advising of staff's review of the Province of New
Brunswick document entitled, "A Coastal Areas Protection Policy for New Brunswick"
and recommended that Council indicate its general support for the approach but request
that the built-up "inner harbour" area not be included, and also to the legislation
introduced by the Province on December 5 to amend the Clear Water Act and Clean
Environment Act which will provide for specific regulations designed to protect coastal
features that are at risk; and advising that, while the latter initiative should be supported
in the local context of the significant coastal features such as Saints Rest Marsh, Red
Head and other beach areas, its applicability to the inner harbour should not be
supported and meetings with the local MLAs and appropriate ministers should be
scheduled in the new year where the issue of applicability of the proposed Coastal
Policy to the inner harbour should be highlighted; and also advising that this issue is of
significant concern to the Port and the Waterfront Development Partnership, considering
the nature of developments being proposed for the waterfront and representatives of
these groups should also be included.
On motion of Councillor Trites
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, Council (a) support the Provincial initiative of protecting sensitive
coastal features, and (b) request that the Minister not include the inner harbour area in
the regulations for protection of coastal areas.
Question being taken, the motion was carried.
15. Saint John Non-Profit HousinQ SinkinQ Fund
Read a report from the City Manager advising that the outstanding
obligations with respect to the Rockwood Court Complex were fully retired in 1996 and,
due to the returns earned by the Saint John Non-Profit Housing Sinking Fund over the
years, there is a balance of $80,687 in this Fund as at December 31, 2001 and, since
the obligations for which the Sinking Fund were established have been retired and the
funds were originally received from the sale of the Rockwood Court Complex, it would
seem appropriate to transfer the balance of this Fund to the Saint John Non-Profit
Housing Future Development Fund.
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COMMON COUNCIL
DECEMBER 16, 2002
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council approve the transfer of the balance of the funds in
the Saint John Non-Profit Housing Sinking Fund to the Saint John Non-Profit Housing
Future Development Fund, retroactive to January 1, 2002.
Question being taken, the motion was carried.
16. Saint John ReQion Park & RidelBike & Walk ProQram
On motion of Deputy Mayor White
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager advising that the Saint John Region Park & RidelBike & Walk proposal has
been chosen for Stage Two of the Urban Transportation Showcase Program, Council on
October 22, 2001 having approved the Stage One application prepared by the
Environment Committee, and more details will be available shortly regarding the
guidelines for the Phase Two detailed proposal presentation and Council will be
provided with recommendations regarding the next steps, be received and filed.
Question being taken, the motion was carried.
17. AmendinQ Resolution - Sale Of Smythe Street Property
Read a report from the City Manager advising that, due to the nature of
the acquisition of the Smythe Street Lot F-6-1 0-12 from Maritime Trust Company,
coupled with the time of year, it is apparent that the sale will not close on or before
December 31, 2002, which was the date prescribed in the November 25, 2002 Council
resolution in this regard, and recommending a one-month extension to the closing date.
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council amend its resolution of November 25, 2002 to
purchase the fee simple interest in Lot F-6-10-12, Smythe Street from the Maritime Trust
Company, by deleting "December 31,2002", and inserting in its place "January 31,
2003", with all other elements of the resolution remaining unchanged.
Question being taken, the motion was carried.
18. Insurance Renewal 2003
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Council accept the 2003 insurance package offered by Frank Cowan
Company Limited, and approve payments as follows: Frank Cowan Company Limited -
$795,262; Huestis Insurance Limited $35,000, for a total of $830,262.
Question being taken, the motion was carried.
*18A. Saint John Industrial Parks Ltd. - General FreiQht Carriers Inc.
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
Saint John Industrial Parks Ltd., (1) the City of Saint John acquire the fee simple interest
in PID Number 470542 and a 2.5 acre :t portion of the former CPR rail spur (adjacent to
PID Number 55159719), as generally shown on the submitted plan, from General
Freight Carriers Inc. for $30,000 plus HST (if applicable) on or before February 28, 2003,
and the Mayor and Common Clerk be authorized to sign the submitted Offer of Purchase
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COMMON COUNCIL
DECEMBER 16, 2002
and Sale; (2) the City of Saint John cost share in the extension of Galbraith Place in the
Spruce Lake Industrial Park by rebating piping material costs, and General Freight
Carriers Inc. be advised that the above-noted land acquisition and cost-sharing
agreement do not explicitly or implicitly obligate the City of Saint John to approve the re-
zoning of 11 King William Road (PID Number 55159719).
Question being taken, the motion was carried.
19. Saint John Board Of Police Commissioners
Request To Appear Re 2003 Police Force BudQet
On motion of Councillor Ball
Seconded by Councillor Fitzgerald
RESOLVED that the letter from the Saint
John Board of Police Commissioners requesting to appear at open session of Council on
December 16, 2002 to discuss with Council the significant impact cuts will have on the
operation of the Saint John Police, and expressing the opinion that the community be
made aware, before any decision is made, of the impact that budget cuts will have on
the level of service provided to the citizens of Saint John, be received and filed.
Question being taken, the motion was carried with Councillor Court voting
"nay".
20. PlanninQ Advisorv Committee - Subdivision Drurv Cove Area
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council (a) assent to one or more
subdivision plans, in one or more phases, for Phases A and B of the proposed Blair
Construction Ltd. development at Drury Cove, as illustrated on the submitted plan
(photo-reduced copy), with respect to the streets, land for public purposes and any
required municipal services easements and public utility easements; and (b) authorize
the preparation and execution of one or more Cityldeveloper subdivision agreements to
ensure provision of the required work and facilities, including detailed site and drainage
plans for the approval of the Chief City Engineer.
Question being taken, the motion was carried.
21. Saint John Art Advisorv Board - Chairman's ResiQnation
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the letter from Wm. R.
Fitzpatrick, Chair of the Saint John Art Advisory Board and the deep see Visual Arts
Festival 2001, advising that, as the Visual Arts Festival 2001 matters have now been
concluded and the final report has been presented to the City Manager, as indicated in
his earlier correspondence to Council, he is hereby resigning from the Art Advisory
Board effective December 13, 2002, be received and Mr. Fitzpatrick's resignation be
accepted and a letter of appreciation be forwarded to him for his service on the Board.
Question being taken, the motion was carried.
21A. Saint John Parking Commission - Residential
ParkinQ & Snow Removal Study - Phase 2
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that, with regard to the letter
from the Saint John Parking Commission requesting an opportunity to make a
presentation further to the October 21, 2002 presentation by the Commission and
Municipal Operations of the Residential Parking and Snow Removal Study of the Saint
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COMMON COUNCIL
DECEMBER 16, 2002
John Central Peninsula Phase 2 Action Plan for Implementation, the Commission be
invited to make a presentation to Council.
The Mayor noted that the presentation would be scheduled for January
2003.
Question being taken, the motion was carried.
22. LonQ- Term Outlook For EnerQV Supplv & Demand
On motion of Councillor Teed
Seconded by Councillor Fitzgerald
RESOLVED that the letter from
Councillor Teed proposing that, if Saint John Energy is already involved in the National
Energy Board's development of a long-term outlook for energy supply and demand in
Canada, Council should be kept informed and, if not yet involved, Council should ask
Saint John Energy if this is a subject in which it can participate or assist in any way, be
referred to Saint John Energy.
Question being taken, the motion was carried.
23. Council Reduction
Consideration was given to a letter from Councillor Titus submitting a
copy of his letter to Council on January 7, 2002 proposing a motion to reduce the size of
the next Council to reflect a more modern, efficient and cost-effective civic government,
which was referred to the City Manager for a report; and advising that, after reflection, it
is his position that Council should deal with this issue, notwithstanding the referral; and
requesting support to reduce the number of Councillors to 8 for the next municipal
election.
Councillor Fitzpatrick proposed a motion, which was not seconded, to
table the above matter.
On motion of Councillor Titus
Seconded by Councillor Teed
RESOLVED that the number of Councillors
be reduced to eight for the next municipal election.
Councillor Court expressed the view that the timing was poor and it would
increase the workload for the Council members; and Councillor Desmond advised that
he would support a reduction in Council if the ward system were brought in.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
laid on the table until the January 6, 2003 Council meeting.
Question being taken, the tabling motion was lost with the Mayor, the
Deputy Mayor and Councillors Chase, Fitzgerald, Teed and Titus voting "nay".
Councillor Chase spoke in support of the original motion, suggesting that
Council should decrease proportionately to the decrease in the City's population; and
Councillor Fitzpatrick expressed the view that this issue should be the subject of a
plebiscite and, with regard to his indication that Councillor Titus had been the major
driving force behind the salary increase for the Council members, Councillor Titus raised
a point of order on the basis that this was not accurate and he had, in fact, made a
motion to reduce the salaries. The Mayor indicated that Councillor Fitzpatrick could
continue with his comments and, when Councillor Fitzpatrick asked for Mr. Beckett to
advise if any of the Council members had donated part of their salaries or per diems to
the Municipality, Councillor Titus again raised a point of order on which the Mayor ruled
by asking the Council members to keep their comments to the agenda item being
discussed. Councillor Court made a suggestion that the Council members could at this
meeting reduce their salaries by $4,000 and save the salary of two Councillors,
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COMMON COUNCIL
DECEMBER 16, 2002
whereupon Councillor Teed raised a point of order on the basis that the issue on the
floor had nothing to do with salaries. Councillor Trites advised that he was not prepared
to take a position on the motion at this time, although would like to see it tabled for a
valid debate at another meeting.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
laid on the table until the January 6, 2003 Council meeting.
Question being taken, the tabling motion was carried with a majority of
the Council members present voting "yea".
24. Saint John Board Of Trade - One-Mile HiQhwav InterchanQe
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the letter from the Saint
John Board of Trade advising its support of the findings of the 2002 ADI report
evaluating the options for improved access off the Throughway to the east side of Saint
John, the Board of Directors having passed a motion to support this as its number one
transportation priority for the Saint John road system, be received and filed and the
Board of Trade be thanked for its letter.
Question being taken, the motion was carried.
25. Canadian Petroleum Products Institute & Irving Oil Limited
ZoninQ Bv-Iaw Text Amendment - Gasoline & Fuel Tanks
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the application of Canadian
Petroleum Products Institute and Irving Oil Limited for a Zoning By-law text amendment
to delete and repeal items on dispensing of gasoline and placement and visibility of fuel
tanks, be referred to the Planning Advisory Committee for a report and recommendation
and that the necessary advertising be authorized in this regard, with the public hearing to
be held on Monday, February 3,2003, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
26 (a)Saint John District Labour Council
(b) Wilma Walker - 2003 Fire Department BudQet
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from (a) the
Saint John District Labour Council asking that Council maintain services of the Fire
Department at the existing levels; (b) Wilma Walker asking that Council not take from the
on-the-truck Fire Department workers, be received and filed.
Question being taken, the motion was carried.
27. Post Arts Summit Steering Committee
Nominees To Arts And Cultural Committee
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from the Post Arts
Steering Committee referring to Common Council resolution of July 22, 2002 that an arts
and cultural committee be created; and requesting Council's consideration of the
individuals named in the submitted listing to be named to the Saint John Community Arts
Board, following which the Committee will have completed its duties assigned to it from
89-426
COMMON COUNCIL
DECEMBER 16, 2002
the Saint John Arts Summit and Visioning Session held in March 2001 and will therefore
automatically dissolve as a committee, be referred to the Nominating Committee.
Question being taken, the motion was carried.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk