Minute Book 76
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Canada Week
Hist. Sites &
Events Com.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-eighth
day of May, A. D. 1979, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Gould, Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, D. Wilson, Deputy Commissioner of Finance,
J. C. MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, M. Winch, Deputy Commissioner of
Community Planning, S. Lodhi, Chief of Technical and Inspection Services, and
Building Inspector, C. E. Nicolle, Director of Recreation and Parks,
G. Soucy, Labour Relations and Safety Officer, F. Ross, Chief of Police, and
L. Ecker, Manager of Saint John Transit
The meeting opened with a prayer which was invoked by Councillor Murphy.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on May 14th
last, be confirmed.
The Mayor called attention to the Transportation exhibit in the City Hall building on the lobby level
that is open to the public this week for information purposes, and he noted that this exhibit deals largely with
transportation by water.
The Mayor advised that with regard to the City of Saint John observing Canada Week from June 25th to
July 1st, the Council directed that he appoint a committee. He stated that he has asked the Historic Sites and
Events Committee to handle this matter for the City, and that if anyone has any suggestions to make in this
regard, he would ask that the said Committee be contacted. He added that the chairman of that Committee is Mr.
Eric Teed.
The Mayor noted that this is the last Council meeting that Miss Lois Lutton will be attending as
Lois Lutton Deputy Common Clerk as she will be retiring very soon from the City employ, and that she had served in that
capacity during the terms of office of this Council and many previous Councils. He stated that he was sure that
'Retirement
the entire Council joins with him in wishing Miss Lutton a very pleasant retirement.
Deputy Com. Clk
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Members of
Parliament
Congratulations
Eric Ferguson'
Robert Corbett
Fred A. McCain
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John Alliston
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'The Rocca Group
Westmorland Gr.
holding pond
Michae I Lander
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Romeo LeBlanc
'Mun. Plan By-Ia
amendment
J . Fred William-
. son Ltd.
Property, Bridg
'& Hammond Sts.
-C.M.H.C.
North End Im-
provement Corp
Robertson Squar
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The Mayor made reference to the recent Federal election that was held this month, and noted that among
the Members of Parliament who were elected are two persons who were born in Saint John, and who represent
Toronto in Parliament, the said persons being Mr. Sam Wakim and Mr. Atky, and that also elected to Parliament
was Mr. Eric Ferguson, a former employee of the City of Saint John, who will represent Saint John-Lancaster with
the Progressive Conservative government for Canada. He stated that we all wish Mr. Ferguson well ,and that we
will be using his services to the utmost.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the Common Council extend congratulations to Members of
Parliament-elect Messrs. Eric Ferguson (Saint John-Lancaster), Robert Corbett (Fundy-Royal) and Fred A. McCain
(Carleton-Charlotte), on their victory in the recent Federal election, and express the Council's desire and hope
that it will be able to work with them co-operatively during their terms as Members of Parliament.
Councillor A. Vincent suggested that the Federal Government could rent space for Mr. Eric Ferguson in
this City Hall building, for his constituency office. The Mayor replied that the message will go to Mr. Ferguson.
Councillor MacCallum called attention to the fact that a reception was held in Saint John West on the
evening of May 27th, 1979 to pay tribute to Mr. John Alliston who has had a very long and distinguished career
in municipal politics and in School Board activities, and who is an outstanding citizen. He stated that it was
a great privilege to him to have attended the said reception.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the Deputy Commissioner of Finance,
dated May 24th, 1979, addressed to the City Manager with regard to The Rocca Group and the payment of $50,000.00
associated with the Westmorland Grove holding pond construction, copies of which were provided to Council with
information correspondence for this meeting, be added to the agenda of this meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that a letter of thanks be forwarded to Mr. Michael Landers, the
Member of Parliament for Saint John-Lancaster who was not re-elected in the recent Federal election, for his
kind consideration and for his help that has always been forthcoming to the Saint John Unity Committee, and for
having served as a Member of Parliament:
AND FURTHER that The Honourable Romeo LeBlanc, Minister of Fisheries with the outgoing Federal govern-
ment, also be thanked for the support that he has given to the City of Saint John in its various endeavours in
Ottawa.
The Common Clerk advised that advertising was completed for the proposed amendment to the Municipal
Plan By-Law for J. Fred Williamson Ltd., to redesignate the Williamson lot, that is located on the corner of
Bridge and Hammond Streets, to Light Industrial on The Future Land Use Plan of the Municipal Development Plan
(and the North End Neighbourhood Plan) from its present Park and Open Space designation, and that the following
correspondence in opposition to the said proposed amendment has been received:- a brief from the North End
Improvement Corporation for the reasons outlined therein; a letter addressed to the Office of the City Manager
from Central Mortgage and Housing Corporation, noting that approximately $50,000.00 of Federal funds will be
spent this year on development of Robertson Square, which is adjacent to the said Williamson property site, and
that if the proposed amendment is approved, it will have serious repercussions for the reasons set forth in the
letter.
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Donald McBrien
North End Improvement
Corporat ion
Alexandra School
',Lillian Cody
Gerald Nordstrom
S.J. Power Boat Club
Planning Advisory Com.
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Municipal Plan By-Law
Property, Bridge &
Hammond Streets
J. Fred Williamson
Ltd.
Mr. Donald McBrien, Treasurer of North End Improvement Corporation Inc., advised that the
above named brief opposing the proposed amendment was submitted because the said group feels that
the proposed amendment changes the planning co-ordination of the total area. He stated that J. Fred
Williamson Ltd. really poses one of the major problems in the lower end of the North End, which area
has deteriorated Quite badly. He further stated that to bring it back would cause all sorts of
problems without some consistent planning, and that to change this one company's property will
probably open the door for many other changes - companies in that same particular area and of the
same particular nature - and if this happens he thinks there is very little chance of improving the
lower end of Main Street as we know it. He stated that the North End Improvement Corporation Inc.
has devoted a lot of time and effort in trying to develop some ways and means of developing this
particular area, and that this organization feels that to make a change now from the original concept
of developing this area would be detrimental to the over-all planning. He stated that, at the moment,
the group is trying to improve the squares and the areas and to convert the Alexandra School into a
residential situation, and the group feels that it is only through consistent planning and developing
the area according to the Plan that this will ever develop, and the group would request that the
Council give this very serious thought - a change here could be detrimental to improving the upper
side of the street which really is not beyond repairable condition - the said group requests that
the Council do not change the Plan as it presently exists in a Park area.
Mrs. Lillian (James A.) Cody of 139 Bridge Street, spoke in opposition to the said proposed
amendment. She advised that she has been a resident of the North End for approximately fifty years.
Mr. Gerald Nordstrom, Secretary-Treasurer of the Saint John Power Boat Club, speaking on
behalf of the said Club, advised that he is affiliated with the North End Improvement Corporation
Inc. He stated that the members of the said Power Boat Club are opposing the said proposed amendment
on the basis that in future years the City will establish some type of a park or square there that
is being held up right now, and the members of this Club (which has been in existence since 1922)
are going on record as opposing the proposal for the proposed amendment to change the plans of the
said North End Improvement Corporation Inc. He noted that the proposed building of J. Fred Williamson
Ltd. would be located right on the St. John River, and he stated that it is the concern of the
citizens of the North End and of the members of the Power Boat Club that last year approximately 200
yachts from the American coast visited the St. John River, and that such visitors make derogatory
remarks about the situation at the foot of Indiantown which takes in the J. Fred Williamson Ltd.
property where the company wants to build a new building - what is now at the foot of Indiantown in
the River is a group of derelict craft and old cables, et cetera. Councillor M. Vincent pointed out
to Mr. Nordstrom that the property to which he referred is controlled by the National Harbours Board
and that the City Fire Department has no jurisdiction on properties in the water. Councillor Wayne
advised Mr. Nordstrom that she is a member of the City Environment Committee and that Deputy Mayor
Elliot (who is also a member of that Committee) was to write to the National Harbours Board to see
if the City could get the Board to clean up that area at Indiantown, but a reply has not been received
to the letter that went out many months ago to the Board. She pointed out that if Mr. Nordstrom's
group wanted to get the said area of the waterfront cleaned up it should be approaching the National
Harbours Board for what is in the water, and the City has no jurisdiction over that area.
No person was present to speak in favour of the proposed amendment.
Councillor M. Vincent noted that the last paragraph from the letter of April 27th, 1979
from the Planning Advisory Committee to Common Council (WhiCh was received and filed by Council
resolution of April 30th, 1979) states that the said Committee feels that the Zoning By-Law should
reflect the intentions and policies of the Municipal Development Plan, and that since the Council
has decided not to re-zone the Williamson and other properties recommended by the Planning Advisory
Committee for "park" zoning, the Committee now recommends that the Plan be amended so that the
Williamson property is designated for Light Industrial use. He asked for clarification of the
Committee's thinking in this regard. Mr. Zides advised that the Williamson property area is designated
as Open Space on the Municipal Development Plan, and, normally, the zoning has to be consistent with
the Plan; in this particular case, because the zoning is not consistent with the Plan and because
there seemed to be a fairly strong indication to the said Committee that the Council wanted to see
something re-established on the Williamson property, and the Committee said bring the zoning and the
Plan back in line with each other - and that means that the zoning is Industrial and the Plan is
Open Space and that you change the Plan back to Industrial with respect to the Williamson property.
Councillor M. Vincent noted that the drawing that is attached to the said Committee letter refers to
the property in question as being on the Plan "park and open space" and he asked if that connotation
is correct, or if it is only "open space". Mr. Zides replied that before answering that question he
would have to see the Municipal Development Plan specifically in respect of this property. He added
that he will check it out and let Councillor M. Vincent know the answer. Councillor Wayne asked if
it is not correct that at one time the property in question came before Council and Council did not
re-zone, and that at that time staff should also have directed Council to amend the Municipal Development
Plan, and that had staff done so this matter would not be back before Council now, but the staff
neglected to do so, and they are now saying that the Plan should be amended to coincide with the
zone. Mr. Zides replied that he does not believe that is correct. He noted that there was no indication
that the Council might not have picked up the zoning issue again - there Was some question about the
status of open space zoning and some difficulty with it - but the mere fact that the Council did not
re-zone does not mean that the Plan should "go out the window" because the Council could change its
mind one way or the other, too; two wrongs do not necessary make a right, he pointed out.
During ensuing discussion, Councillor MacCallum spoke in support of the proposed amendment,
stating that he cannot see that a new building will be detrimental to the area at all, and that he
thinks we have to support business people who are prepared to add to the tax base and to provide
employment in the community.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that with respect to the proposed amendment to the
Municipal Plan By-Law to redesignate the Williamson lot at the corner of Bridge and Hammond Streets
to Light Industrial on The Future Land Use Plan of the Municipal Development Plan from its present
Park and Open Space designation, the Common Council do not approve the recommendation of the Planning
Advisory Committee for such amendment, and that no action be taken to change the said Plan.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table and that
the Council meet with the City Solicitor, and that the Council check all correspondence to the
Williamson property from the Building Inspector's department and that all correspondence be tabled
in legal session at the next Council meeting.
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Re-zoning
Sisters of Cha
ity
Property,
Burpee Ave.
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(Motion lost)
Re-zoning
Basil Votour
Property, 137
St. James St.
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(Motion lost)
Zoning By- Law
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Councillor A. Vincent stated that he needs the above named period of time in which to check all
correspondence and see if there is any written commitment given, if the Williamson company tore the previous
building down.
Question being taken, the motion to table was carried with a majority of Council members voting
"yea" .
The Common Clerk stated that the necessary advertising took place regarding the proposed re-zoning
of the Sisters of Charity property on the westerly side of Burpee Avenue and behind lots on Mount Pleasant
Avenue, Rockland Road and Parks Street from "RM-l" Multiple Family Residential to "1L-l" Neighbourhood Institu-
tional -classification, and that no written objection was received in this matter. It was noted that no person
was present to speak either against or in favour of the said amendment.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, re-zoning the property known as L.R.I.S. numbers 22723 and 22715 and
lying on the westerly side of Burpee Avenue and behind lots on Mount Pleasant Avenue, Rockland Road and Parks
Street, from "RM-l" Multiple Residential district to "IL-l" Neighbourhood Institutional district, be read a
first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning the property known as L.R.I.S. numbers 22723 and 22715 and lying on the
westerly side of Burpee Avenue and behind lots on Mount Pleasant Avenue, Rockland Road and Parks Street, from
"RM-l" Multiple Residential district to "B-1" Neighbourhood Institutional district, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that an emergency be declared to exist and that the by-law
entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" be given three
readings.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Gould, Green, Knibb,
Murphy, MacCallum, Pye, M. Vincent and Wayne voting "nay".
The Common Clerk stated that with regard to the proposed re-zoning for Mr. Basil Votour of the lot
at 137 St. James Street (South End) from "RM-l" Multiple Family Residential to "B-1" Local Business classi-
fication, subject to an agreement restricting the use of the building and requiring certain improvements
therein, the necessary advertising took place, and no written objections were received concerning this pro-
posed amendment. No person was present to speak to the said amendment.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning the property known as L.R.I.S. number 2642 and located at civic number
137 St. James Street, from "RM-l" Multiple Residential district to "B-1" Local Business district, be read a
first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning the property known as L.R.I.S. number 2642 and located at civic number
137 St. James Street, from "RM-l" Multiple Residential district to "B-1" Local Business district, be read a
second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that an emergency be declared to exist and that the by-law
entitled, "A Law to Amend the , Zoning By-Law of the City of Saint John and Amendments Thereto" be given three
readings.
Question being taken, the motion was lost with a majority of Council members voting "nay".
The Common Clerk advised that advertising was completed for the following proposed amendments to the
Zoning By-Law:- (1) clause (g) of Section 100(3) to be deleted and the following substituted in its place:
"(g) the site adjoins an 'R' zone on the street on which it fronts".; (2) section 108 (2) to be deleted and
the following substituted in its place: "(2) A use mentioned in clause (a) of subsection (1) shall be at least
300 feet measured along the street on which the lot is located or abuts from a church, school of 'R' Zone or
no closer than lOO feet thereof in any other direction."; (3) clause (a) of Section l72 to be deleted and the
following substituted in its place: "(a) an area of at least 7,500 square feet; and"; (4) section 220(2)(c) is
to be amended to make it clear that signs on a lot in a residential zone shall relate to an activity on that
lot. He stated that no written objections were received in this regard. No person was present to offer
comment on the said proposed amendments.
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On motion of Councillor Murphy
Zoning By-law
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the said
by-law by substituting the following for clause (g) of sub-section (3) of Section 100 therein: "(g)
the site adjoins an 'R' zone on the street on which it fronts"; by substituting the following for
sub-section (2) of Section 108 A therein: "(2) A use mentioned in clause (a) of subsection (1) shall
be at least 300 feet measured along the street on which the lot is located or abuts from a church,
school or 'R' Zone or no closer than 100 feet thereof in any other direction."; by substituting the
following for clause (a) of Section 172 therein: "(a) an area of at least 7,500 square feet; and";
and by amending Section 220(2)(c) of the said by-law to make it clear that signs on a lot in a
residential zone shall relate to an activity on that lot, be read a fi~st time.
Councillor A. Vincent asked that the proposed new sub-section (2) for Section 108A be
explained to him, in regard to the effect the 300 feet referred to in same will have.
On motion of Councillor A. Vincent
(Motion lost)
Seconded by Councillor MacCallum
RESOLVED that the matter be laid on the table for two weeks
in order that the answer to Councillor A. Vincent's question can be provided.
Question being taken, the motion to table was lost with the majority of Council members
voting "nayll.
Mr. Winch explained, in reply to Councillor A. Vincent's question, that sub-section (2) of
Section 108 A presently reads "within a radius of 100 feet", and that the proposed amendment would
provide that the use would be no closer than 100 feet from the other listed uses. He pointed out
that, in fact, the language of the Zoning ByLaw now is contrary to the intent - the intent of the by-
law is to have at least 100 feet from the other uses - in fact, it says "within a radius of 100 feet"
and that gives it the opposite intention. He stated that the 300 feet mentioned in the amendment
refers to distances measured along a street - the 100 feet is the minimum distance in any other
direction - the 100 feet would include the measurement by radius. Councillor A. Vincent stated that
he cannot understand how we have an amusement up on the corner on Waterloo Street, and we cannot have
the same business in that beautiful, old brick building on the left-hand side going up the hill (the
old Canada Tire building) - he cannot understand why the Town Planning could not give that permission
(he knows that the Appeal Board gave the permission). He stated that he feels the purpose of the
proposed amendment is to circumvent anyone else from using the same route, and that he is concerned
about why the company got it at the head of Union Street, on one side - and he is really concerned
because he was told who the lawyer was who was involved - he is concerned about this - he is con-
cerned that the same treatment on Waterloo Street, whether you are on the left-hand side of that
street, or on the right-hand side - what is the difference of an amusement shop being put right at
the head of that street near Union Street where there is no parking at all, than one that is put down
in the old Canadian Tire building - he is concerned that the church involved has said that it was
notified for the one that it is abutting and the question was asked as to whether the church would
oppose it if it was notified for the other - and the church's answer was that it would have opposed
it, but it was not notified. He stated that he wonders if the Planning people do the same to every-
body. The Mayor noted that the question that is being asked is: what is the distance from that one
that was approved on Waterloo Street from the nearest church and school; is it within the radius, or
outside the radius. Mr. Zides replied that it is outside the radius. Councillor A. Vincent noted
that his question is: why was the by-law not amended before in this regard, to correct the contra-
diction mentioned by Mr. Winch. Councillor A. Vincent and Mr. Zides then discussed the procedure
that is followed by the Planning Department in sending notices to property owners within the radius
prescribed in the by-law, with reference to the 300 feet and 100 feet referred to. Councillor A.
Vincent stated that he thinks the Council should have some time to study the proposed amendment and
the effect it would have on any person who would want to put up a new building in the Waterloo
Street-Prince Edward Street area with an amusement centre in it, or regarding amusement centres
generally being established in areas of the city. The Mayor advised that this is a regulation that
is written with deference to churches, schools and residential zones - those are the people who are
established there, they have built their homes and they have their chu~ch or their school is there
and they would like to know that there will not be one of these amusement centres - which are very
nice in places - within 300 feet along their side of the street or with a radius of 100 feet in any
direction.
Question being taken, the motion was carried with Councillors A. Vincent, Landers and Green
voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the said
by-law by substituting the following for clause (g) of sub-section (3) of Section 100 therein: "(g)
the site adjoins an 'R' zone on the street on which it fronts"; by substituting the following for
sub-section (2) of Section 108 A therein: "(2) A use mentioned in clause (a) of subsection (1) shall
be at least 300 feet measured along the street on which the lot is located or abuts from a church,
school or 'R' Zone or no closer than 100 feet thereof in any other direction."; by substituting the
following for clause (a) of Section 172 therein: "(a) an area of at least 7,500 square feet; and";
and by amending Section 220(2)(c) of the said by-law to make it clear that signs on a lot in a ~
residential zone shall relate to an activity on that lot, be read a second time.
Question being taken, the motion was carried with Councillors Green, Landers and A. Vincent
voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
McDevitt, J.
Councillor A. Vincent noted that present at the meeting in the audience were Mr. and Mrs.
J. McDevitt who reside in London, England, and that Mr. McDevitt was formerly a native resident of
Saint John. The Mayor on behalf of the Common Council welcomed back to the city and to the meeting
Mr. and Mrs. J. McDevitt. He noted that Mr. McDevitt was a former employee of the City of Saint
John, and that accompanying these visitors were Mr. and Mrs. Raymond McDevitt and that Mr. J. McDevitt
and Mr. Raymond McDevitt are brothers.
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.C. Dwight AlIa y Mr. C. Dwight Allaby, solicitor for Ray-Dor Limited, was present on behalf of his client which
Ray-Dor Ltd. wishes to establish an amusement centre at the premises on Somerset Street known as Hillside Store, and which
has made application for re-zoning of this property for the purpose of establishing therein a proposed
recreation centre and small canteen. He noted that the proposal of his client has been set forth in the
letter that is-on the agenda of this Council meeting from the Planning Advisory Committee with regard to the
said re-zoning application, and that his own letter dated May 24th, 1979 sets forth answers to the objections
that his client and he believe were raised by the Planning Advisory Committee and the people who objected to
Hillside Store the re-zoning for the amusement centre. He stated that he saw from the discussion earlier in this Council
meeting regarding the proposed amendment for a new Section 108 A(2) of the Zoning By-Law that there are some
.
Duncan M. Wath
S.J. Boys' &
Girls' Club
James Bomar
Douglas Gardne
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Prime Minister
Unity Com.
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Michael Payne
Stage One
Theatre Co.
Grant
Confederation
Musical
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John C. Mason
Thistle-St.
Andrews Curli
Club
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S.J. Policemen
Proto Assoc.
Po li cemen 's Ba
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Re-zoning
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Prop., Somerse
St.
-Amusement
centre
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Mr. Duncan M. Wathen, General Chairman of "Dinner 1000" was present on behalf of the Saint John
nBoy's and Girls' Club which is giving this dinner party to the Saint John Rotary Club to commeorate the
twenty-fifth anniversary of the opening of the said Boys' and Girls' Club on its present site in the city,
and that the purpose of this dinner is to thank the Rotarians for what they have done over the past fifty
years in sponsoring boys and girls clubs, and to have in attendance 1,000 current and former members of the
said Boys' and Girls' Club in Saint John at this function which is to be,held on September 7th, 1979, at the
Millidgeville High School. He added that this dinner is to be a national event in scope and that the thought
is that the Saint John Boys' and Girls' Club present the Gold Keystone Award to the President of Rotary
International, Mr. James Bomar from Tennessee, United States of America. He stated that also to be in
attendance at the dinner will be Mr. Douglas Gardner, President of the Boys' and Girls' Clubs ,of Canada, who
will make the presentation. He stated that the organizing committee felt that it would be nice to have the
Prime Minister of Canada attend this dinner, to officially thank both organizations for what they had done
for Canadian youth in the building of fine citizens, and to have this opportunity to talk to youth through
the national coverage of the Canadian Broadcasting Corporation. He stated that he would like a letter to be
written to the Prime Minister-elect, Mr. Joseph Clark, urging him to come to this event, and a resolution
passed by the Council asking the said Prime Minister to be with us.
On motion of Councillor Clark
Seconded by Councillor MacCallum
RESOLVED that the Common Council approve a letter to be sent to the
Prime Minister of Canada seeking his presence in Saint John on September 7th, 1979 at which time 1,000
graduates of the Boys' and Girls' Club of Saint John will be honouring the Rotary Club and the Boys' and
Girls' Club and the City of Saint John for their cO-operation and contribution to the welfare of Canadian
youth.
Councillor A. Vincent asked that a copy of the above resolution be sent to the Saint John Unity
Committee. He advised that the said Committee has already been in touch and that it is not too far off in
the dates, and maybe we could change your dates. (regarding having the Prime Minister come to visit the Saint
John Unity Committee).
Mr. Michael Payne, speaking on behalf of Stage One Theatre Company, presented a brief which out-
lines what was achieved with the aid of the 1977 grant made by the City of $3,000.00 to this Company. The
brief notes that to ensure its continued existence, this Theatre must establish a national reputation and
that only then will it attract the support and the audience to ensure financial viability, and that the
company thinks that it has produced a theatrical event which will achieve those requirements and also bring
enormous prestige to the City of Saint John - this being a musical entitled "The Confederation Musical" which
explores the question of unity in a positive and forthright manner within the medium of an entertainment. The
brief advises that the world premiere of this musical will be at the Saint John High School auditorium on
July 11th, 1979 and that the musical will playa total of four nights until July 14th, 1979, and that representa-
tives from Toronto and Montreal theatres, the film industry, and the recording industry, have been invited to
opening night; that it is felt that this musical will not only bring great credit to Saint John but will also
prove to be one of the most successful and creative entertainments ever to have originated in Atlantic
Canada; that the production budget for the musical is slightly over $5,000.00 and the Theatre Company feels
that it can raise up to $2,000.00 of this amount itself, and is appealing to Council to help with the balance
of funding. The brief states that if the Council feels that it cannot provide grant money at this present
time, the Company asks that the Council consider a short term loan which would be repaid out of box office
receipts on August 1st, 1979. Mr. Payne advised that if the City were to make a grant of the balance required,
~ t_would,mean that some small profit' could' be made from the musical, ,and that the Company then could continue
with the schools theatre and with the outside theatre. Councillor Knibb, stating that he thinks it would not
be fair to expect the taxpayers to make a second grant to this Theatre Comapny, suggested that the Saint John
Arts Council is the body which should be doing this sort of thing but does not have enough money - however,
the Saint John Arts Council does have an income tax deductibility for any direct grants, so he therefore
suggests to Mr. Payne and this Theatre group that there must be some people around this city who have enough
risk capital but it can be repaid if the production makes a profit and that if there is no profit there is an
income tax deduction. He added that he knows one Saint John supporter of the arts who is prepared to put up
$1,000.00, and that he is sure there are people in the Rothesay area who support cultural activities and who
are well-off financially who could come up with another $1,000.00 - and that we can save $1,000.00 by looking
at Mr. Payne's expense sheet because of the way of cutting that down; so, he would suggest that the Council
tell Mr. Payne that this production will be done through private enterprise. Councillor Murphy noted that
the Council could refer the request made by Stage One Theatre Company to City staff so that the staff could
look into the possibility as to whether or not the City is in the position to make a grant. The Mayor advised
Mr. Payne that the Council will deal with this request later in the Council meeting.
Mr. John C. Mason, President of Thistle-St. AndL'ewti Curling Club, was present and stated that with
regard to the seasonal operation of this curling rink, and that the Club's operating expenses and debt load
~'e rather high and that the Club is finding it increasingly difficul~ to provide its service to the people
of Saint John at a price within the normal budget for recreational pursuits, and that the Club has been
attempting to do this by staging various summer events, not all of which have met with success. He stated
that this Club has an opportunity to have a Club dance for members and guests featuring the "Glenn Miller
Orchestra" on June 5th, 1979, and, in addition to this event, the Club will be receiving the members and
guests of the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. at the Association's
annual ball on June 11th, 1979. He stated that the Club is seeking the Council's approval for the ice surface
area of the rink to be used for these two events. He stated that by use of a security office, the Club
proposes routing the patrons' cars up Dufferin Avenue and around the Main Street end of the rink building
where the main entrance will be located; that the Club's parking lot will be closed and patrons will be
directed to the Fairview Plaza parking area. He noted that this arrangement worked well last year when the
rink hosted the Loyalist Days very successful Casino. He noted that experience has shown the Club that it
should refrain from placing its refuse in the container until the garbage pick-up date is closer at hand the
next day; that members of the Club committee will be on hand in the very early hours to remove any debris
that might be left by thoughtless patrons. The Mayor advised that the Council will consider this matter
later in the meeting. Councillor Wayne advised that it was brought to her attention by a Club member that
regarding these two events at the rink there will be many Club members plus a security guard and that they
will do everything humanly possible to see that the people on Dufferin Avenue are not disturbed.
6
"""IIIl
Somerset Community
Centre
Tenders accepted
Millidge Ave.-Sea-
cliff Dr.-Sea St.
sewer main
very strong feelings about amusement centres. He stated that the main reservation that his client has
about this proposal (regarding the said Somerset Street proposed amusement centre) is the main reser-
vation that the Chief of Police has - and this is the reservation in respect of supervision - his
client does not feel that this type of business can be run without adequate supervision - his client
will be making a substantial financial investment in the vicinity of $100,000.00 if granted the right
to put this amusement centre in; his client feels that with proper supervision this type of business
would not cause a problem - on the other hand, his client informs him that if there is a problem and
if his client finds there are problems there, his client would be the first to recognize that and
would quickly close down the operation. He stated that he is also a little bit confused about what
effect the said proposed Zoning By-Law amendment to Section 108 A(2) has on his client's re-zoning
application - he is not really sure of his position here this evening - it seems to him that maybe the
"rules of the game" have been changed a little bit the said proposed Zoning By-Law amendment - that is
the 100 feet radius and the 300 feet from a church, school or "R" zone. He stated that with regard to
the proposal of his client, the property is on the same side of the street as two churches and it is
handy to a residential zone - and he pointed out that in that particular area there are a great number
of commercial activities going on - so, he is not sure what effect the said Zoning By-Law amendment
has on his client's application. The Mayor noted that the Council is not sure, either, and that it
will find out about it.
Councillor Wayne pointed out that a statement regarding this proposed amusement centre has
been made by the City Director of Recreation and Parks that is even stronger than the statement made
by the Chief of Police, the said Director having stated that they are very much against this amusement
centre going in - they have the Somerset Community Centre on which the City of Saint John has spent
hundreds of thousands of dollars to establish on Somerset Street for the young people in that area -
they feel that it provides what is needed in the way of activities for the youth of that area and they
could see no benefit to be derived from an amusement centre such as this being next door. She stated
that, also, at the Planning Advisory Committee meeting a great many people from that immediate area
came to that meeting and protested against this establishment being set up on Somerset Street -
particularly the residential people who are right across the street and the people who are in St. Pius
Church two doors away; Mr. Allaby stated that with due respect to the Recreation Department, if this
is to be in competition with them, so to speak, he would say it is not the City's job to compete with
private industry - he would say that they should not be concerned with competition. He stated that
the difficulty is that these things are given to the Committee but they are not given to the person
who is appearing before the Committee. He added that he did not have the opportunity to attend the
Committee's meeting when the presentations in objection were made before the Committee. He stated
that he can see the concern of the Recreation and Parks Department, but as to the situation there he
does not think that they should compete with the private sector - he understands that it is a differ-
ent type situation. Councillor Pye pointed out that the City Director of Recreation and Parks also
says that approximately 1,200 youngsters are entertained weekly at this Somerset Street Centre; with
all types of amusements, practically anything a normal youngster would look for in the way of enter-
tainment. He stated that from his Police experience he has noted that areas of that nature - the new
amusement centre proposed by the client of Mr. Allaby - tend to attract many undesirables, which tend
to affect the neighbourhood in general, especially after closing hours. Councillor A. Vincent stated
that the City did not spend hundred of thousands of dollars on the Somerset Street Centre, and that
according to the previous City Manager when he himself complained about how we covered wood over a
beautiful masonry wall he (Councillor A. Vincent) was told we had to do that or we could not get the
money from Central Mortgage and Housing Corporation and it was part of that housing project - that
property is financed at least 99 3/4% by Federal funding. He asked if the City has a lot of money
invested in that Centre. Councillor Wayne replied that the City has staff members and pays their
salaries. Councillor A. Vincent stated that he understands that part of their salaries there were
charged to Fredericton. ,The Mayor stated that he thinks that Councillor A. Vincent is misinformed on
that aspect. Councillor A. Vincent then stated that he hopes that the City Recreation and Parks
Department is not competing with its peanut and popcorn machines against these other types of amuse-
ment machines - he understands there are two different types of machines, or slot machines, whatever
you want to call them - or game of chance. Mr. Allaby stated that in respect to Councillor A. Vincent's
remarks; he has heard, that word "slot machine" used here when the Council discussed the proposed
Zoning By-Law amendment concerning Section 108 a(2) - which, to his mind, envisages some type of
gambling. He stated that he would point that that is not the object of his client's type of business
that is completely amusement - the majority of the machines there will be of the computer type and
they are for amusement. The Mayor advised that this matter will be dealt with when the Council con-
siders the item on the agenda from the Planning Advisory Committee concerning the re-zoning application
of Mr..Allaby's client.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the contract
for Millidge Avenue-Seacliff Drive-Sea Street sewer main construction be awarded to the low tender,
Master Enterprises Limited in the amount of $71,213.45.
Mr. MacKinnon advised that the information that the Engineering and Works Department has
Master Enter. Ltd. regarding Master Enterprises Limited is that its General Manager is Mr. Murray J. H. Carpenter whose
address is Post Office Box 148, Rothesay, N. B. He further advised that there are no Department of
Murray J.H. CarpenterRegional Economic Expansion funds involved in this project.
Tenders accepted.
Painting
Fire Stn., Main St.
A.J. Mallette & Son
Ltd.
Tenders accepted
Chlorinator feed
pumps & motors
Marine,Industrial
& Technical Sales
Spruce Lake pumping
station
On motion of Councillor Muprhy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the bid of
A. J. Mallette & Sons Ltd., in the amount of $5,840.00 for painting the interior and exterior of
Number 5 fire station on Main Street, be accepted, this being the lowest bid received that meets all
the conditions of the tender.
Councillors M. Vincent and Clark withdrew.
Question being taken, the motion was carried with Councillors A. Vincent, Knibb, MacCallum
and Landers voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as per the recommendation of the City Manager, the
bid as submitted by Marine Industrial & Technical Sales Co. Ltd., in the amount of $18,970.00, plus
applicable taxes, for the supply and installation of three chlorinator feed pumps and motors at the
Spruce Lake pumping station, be accepted.
00. Ltd.
.
1
1
.
1
.
I.
I'
.
...oIIIl
,...
"I
.
Water supply
Dept. of Heal t
Chlorine
I
I
Tenders accept d
. Furni ture
North End Com.
Centre
1
A D I Limitecl.
Concrete test1n
Asphalt testing
Stephen Con.
Eastern Tech-
nical Services
Curbs
.
I
I
Dangerous &
Unsightly premi es
Prop: Anthony's
. Cove; 47 Duke
St. ; Latimer
Lake; Golds/-
worthy Rd.;
Mclaughlin Rd.
....
Councillor Murphy discussed the question of release, on a daily basis of the water checks reports,
or two or three times a week, or as often as these reports are received, for the information of the public on
the status of the quality of the Spruce Lake water supply. MacKinnon replied that the reports come in from
the Department of Health to the City Manager's office, and that he was not aware that the staff was to put it
in any report form and send it on to the public. He added that he is sure that the information, in the form
that the City gets it, could not mean too much to the public in that particular form. Councillor Murphy
recalled that the Council passed a resolution that the public was to be kept informed through such reports in
this regard. Councillor Wayne advised that on a motion that she brought before Council, the Council asked
that if there were any increases in the amount of chlorine being added to the Spruce Lake water system in
comparison with last year that that information be given to the Councillors. She added that she is wondering
if the City Manager is looking into that. Mr. MacKinnon replied that the said Council reoslution was noted
and, certainly, that was the Engineering and Works Department's intention; as was indicated to Council, if
there was any amount that differed from any other peak in time - for example, the chlorine is obviously going
to increase in July and August and September when it is drying out, and if there is any greater demand on the
system than there is normally, that would be reported. Councillor Murphy stated that that was Councillor
Wayne's motion, but that was not what was decided. ,Councillor Murphy asked if Mr. MacKinnon received a
letter from the Department of Health within the past two weeks pertaining to the Spruce Lake area, and if so,
would Mr. MacKinnon tell the Council what the letter said. He stated that he knows that Mr. MacKinnon
received the letter because he himself received a copy of that letter. Mr. MacKinnon recalled that the
letter in question indicated and confirmed that they were taking daily tests and that that information was
coming to the City and that at the present time there has been no indication that there is any change in the
coliform level, and that the water is certainly well within the acceptable limits, and that they are going to
continue to monitor as they always do.
Councillor Knibb withdrew.
Councillor Clark re-entered the meeting.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that in accordance with the recommendation of the City
Manager, the bids as indicated on the submitted bid summary be accepted for supplying furniture and equipment
for the North End Community Centre, and that where no award is indicated, the Purchasing Agent be authorized
to negotiate the purchase of the pertinent items.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, A D I Limited of
Saint John, N. B. be engaged to carry out testing on asphalt supplied by Stephen Construction Company Limited
directly to City crews, and that Eastern Technical Services of Saint John, N. B. be engaged to carry out
testing on asphalt on tendered projects as well as to carry out all concrete testing.
Councillors M. Vincent and Knibb re-entered the meeting.
Councillor A. Vincent asked what is the background and experience on concrete testing of Eastern
Technical Services, and he asked if he could have a letter or two of reference from the City Manager or from
the Commissioner of Engineering and Works. Mr. MacKinnon replied that for the City, this firm had the
concrete testing contract last year. Councillor A. Vincent asked for information regarding this firm's
background and experience outside the City of Saint John on concrete testing, stating that outside the City
of Saint John some of the curbing is falling apart and to make sure the concrete is well tested we have to
get someone else to make sure that the concrete is going to last, and therefore he would like to know the
names of three other people for whom this firm has tested concrete in the last five years, not including the
City of Saint John. Mr. MacKinnon replied that he can only mention one because he was talking to the indi-
vidual who manages the firm here in Saint John and he mentioned that specifically he was just doing some
recent testing for the Irving company. He stated that he believes this firm has also done some in the
Lepreau area - however, he really does not know this firm's contracts - this firm has been in the city
approximately three or f.uuryears and is basically a testing and inspection firm. Councillor A. Vincent
pointed out that in the North End there is concrete curbing that was laid two or three years ago and every
time it rains heavy enough the gravel falls out of that curbing, and he stated that he is concerned - he does
not blame the contractor, he blames our inspection team, and he is concerned that the City is not getting the
best inspection team that it should get, and that applies as well to the asphalt inspection. He offered to
take the Mayor, the City Manager and the Commissioner of Engineering and Works on a tour and point out and
let them decide when the streets were laid, when the curbing was put in, and the condition they are in
today - somebody should be called back to repair something. Councillor Clark asked how much it will cost the
City for the above named asphalt and concrete testing services. Mr. MacKinnon replied that the total cost in
1978 was in the vicinity of $35,000.00 for the two contracts. In reply to a query from Councillor Gould, he
stated that the company owns the, testing equipment. Councillor Gould asked what it would cost for the City
to buy its own equipment and have its own tester. The Mayor stated that he would hold this matter, pending
an estimate of cost being provided to Council. Councillor Wayne raised the question as to who is checking
asphalt that the City is using right now, to make sure that the asphalt has the proper components - she wants
to know who is checking the asphalt right now, because the City is laying asphalt. Mr. MacKinnon confirmed
that nobody has been hired to check the asphalt, pending Council's approval.
On motion of Councillor Clark
Seconded by Councillor Landers
RESOLVED that the matter be laid on the table pending receipt of
costs.
Question being taken, the motion to table was carried.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager and the Chief of
Technical and Inspection Services, the Common Clerk serve notices to the owners of the following named
properties as per the provision of the Dangerous or Unsightly Premises By-Law, requiring the owners to
correct the dangerous and unsightly conditions within twenty-one days, and in the event of failure of the
persons so notified to comply with the requirements of the notice, the Common Council authorize the Building
Inspector to' enter upon the property and thereupon remedy the situation on behalf of the Common Council with
8
"lIIIII
-D.R.E.E.
Hazen Ck. Sewage 1.
Treatment Plant
Godfrey Associates Lt .
'Bayside Drive 2.
Murdoch-Lingley Ltd.
'Capi tal proj ects
Transit garage
Stanley Emmerson
Assoc.
Eastern Arterial
Fenco Consultants Ltd.
Fire Stn., Loch 3.
Lomond Rd.
,W. E. Kelly Ltd.
'CarletgnCom. Centre 4.
l
Glenwood Con. Ltd.
'Bus garage
Interim Urban Trans-
portation Com.
Stephen Con. Co. Ltd.
Chitticks Sand &
Gravel
D. Hatfield, Ltd.
-,Brookville Man. Co.
Ltd.
the cost, if any, to be recovered in an action for debt against the owners - the said properties
being:- (1) Anthony's Cove (L.R.I.S. Number 418749) - fire damaged property - unsightly; (2) 47 Duke
Street, city centre - old brick building - bricks at exterior face are falling - dangerous; (3)
property on the north side of Latimer Lake (L.R.I.S. Number 335083) - unsightly; (4) property located .
at Goldsworthy Road (L.R.I.S. Number 337584) - fire damaged property - unsightly; (5) property located
at McLaughlin Road, Saint John East (L.R.I.S. Number 55005573) - fire damaged property - junk cars -
unsightly.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoices for engineering services and property surveys in
connection with the following projects that were undertaken under the Department of Regional Economic
Expansion programme:-
1
Hazen Creek Sewage Treatment Plant
Godfrey Associates Ltd.
Engineering services'
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated May 14, 1979
$ 548,809.07
$ 2,940.39
I
Bayside Drive Reconstruction and Extension
Payments for property surveys to Murdoch-Lingley Limited
Payments previously approved
Sum recommended for payment, Progress Estimate Number 29,
dated April 30, 1979
$ 2i ,819.11
$ 1,487.62
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that in accordance with the recommendation of the City
Manager, approval be given for payment of the following construction progress certificates and
approved invoices for engineering and architectural services in connection with the following named
capital projects:-
.
1.
Transit Garage
Stanley Emmerson Associates
Architectural services
Payments previously approved
Sum recommended for payment,
Progress Estimate Number 1,
dated May 1, 1919
Nil
$ 21,125.00
$ 34,376.57 1
$ 7,215.[3
2.
Eastern Arterial
Fenco Consultants Ltd.
Engineering services
Payments previously approved
Sum recommended for payment,
Progress Estimate Number 6,
dated April 30, 1979
Fire Station Number 2
Loch Lomond Road and McAllister Drive intersection
W. E. Kelly Ltd.
Construction
Total value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated May 11, 1979
$ 409,000.00
203,606.91
30,541. 04
160,162.09
5, .
$ 12,903.78
Carleton Community Centre
Glenwood Construction Ltd.
Renovations
Total value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated May 24, 1979
$ 33,072.00
30,668.00
920.04
26,067.80 I
$ 3,680.16
voting "nay",
Question being taken, the motion was carried with Councillor Landers
stating that he still objects to the location of Fire Station Number 2.
Councillor A. Vincent stated that the cost of the new bus garage has gone from one million
to two million dollars, and he noted that the City is paying $21,125.00 for architect's fees, and he
asked what the City is getting for that expenditure, and when will the tender call be made for this
garage. Councillor Clark, Chairman of the Interim Urban Transportation Committee, replied that he
understands that steps are being taken and that the project is being put together in a more efficient
fashion, and that tenders will be called on schedule, according to the Saint John Transit Manager,
which is two months from now; the tenders are now being called all at the one time. In reply to
Councillor A. Vincent's point that this garage is over-designed and that it would be possible to save
on costs, the Mayor advised that he take the matter up with the Interim Urban Transportation Committee.
I
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, approval be
granted for payment of the following
Stephen Construction Company Limited
Chitticks Sand & Gravel
D. Hatfield, Ltd.
Brookville Manufacturing Company,
$ 65,418.20
$ 3,190.74
$ 13,314.78
$ 3,536.42
.
invoices:-
- May 1-15, 1979
- April 16-30, 1979
- April 16-30, 1979
Limited - April 30, 1979
.....
,..
~
... Fed. of Mayors
& Munic.
'Asphal t testing
,Concrere testing
I
Fees, member-
ships
Prov. -Mun. Counc
1
Tenders accepte
N.B. Tel.Co.Ltd
Mobile Radio
system
Po li ce Dept.
.'Tenders accepte
Police Dept.
Dictaphone Can.
I f ,Ltd.
n omatlon
retrieval syst
Rev. Properties
Ci ty Hall
1
Energy Com.
Tenders accepte
. Tendering pro-
cedure
Total cost
bidding
Tractors &
Equip. (1962
Ltd.
1 Guarantees
I
Tenders accepte
Motorized equip
Eng. & Wgrks
epe
Tree planting
Victoria Sq.
Rockwood Park
Purchase of tre
.
...
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that a special Council meeting be called before Council
members attend the Federation of Mayors and Municipalities conference in Quebec City, to deal with engaging a
professional inspector on asphalt and concrete, and that the Mayor set the date for such meeting.
Question being taken, the motion was carried with the Mayor and Councillor Gould voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, payment be authorized
of the account' in the amount of $5,312.00 from the Provincial-Municipal Council, being the fees of the City
lof Saint John for 1979.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that in accordance with the recommendation of the City
Manager, the tender of New Brunswick Telephone Company, Limited in the amount of $5,479.50 per month, plus a
one-time installation charge of $6,930.00, be accepted for supplying and installing a new mobile radio system
in the Police Department - the bid of $5,479.50 per month covering all necessary equipment, including 24-hour
a day maintenance.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the bid of Dictaphone
Canada Limited, of Islington, Ontario, in the amount of $41,143.00 plus tax, be accepted for supplying and
installing an information retrieval system for the Police Department, the said price including installation
and one year's maintenance, plus Provincial Sales Tax.
m
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, payment be authorized
of the account from Revenue Properties Central Developments Limited in the amount of $244,182.73 (repre--
senting the City's share of operating costs for City occupancy in the City Hall building for the year ending
December 31st, 1978) for which a'provision has been carried over from the 1978 annual operating budget.
Councillor Wayne called attention to the fact that the statement of expenses for 1977 and 1978
which accompanied the above account reveals that the hydro costs rose by $12,000.00 in 1978 over 1977, and
stated that she thinks that the Energy Committee should look into approaching some of the people who work in
City Hall to turn off some of the lights on some of the floors of the building when they are not in use.
Councillor Clark replied that the said Committee discussed that matter at its initial meeting. Councillor
Gould, who with Councillor Clark, is a member of the said Committee, added that one of the problems with the
point made by Councillor Wayne is the fact that many floors have only one or two light switches governing the
floor which means that a small section of a floor cannot be lighted at a time - however, the Committee is
looking at the possibility of changing the light switches arrangement, and so on, and is looking at the cost
benefits from what we can do in the short period of time.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, whose covering letter
explains the procedure to be followed regarding total cost bidding for supplying three pieces of heavy equip-
ment on which tenders were called and received, the total cost bids as submitted by Tractors and Equipment
(1962) Ltd. for supplying one crawler tractor, one motor grader, and one front end loader as shown on the
submitted bid summary, be accepted.
Councillor Murphy stated that he feels that the above named tender award should also be reviewed by
the Legal Department due to the fact that there are so many guarantees and conditions related to same -- that
is, that the tenders be thoroughly examined from the legal aspect. Councillor Landers noted that this is
basically leasing, and he raised the question as to whether or not the City can do this with certain monies
that were supposed to go to capital projects by leasing the equipment rather than buying it. Mr. MacKinnon
pointed out that this item is not capitalized.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that in accordance with the recommendation of the City Manager,
tenders for various pieces of motorized equipment for the Works, Traffic and Water Departments be awarded as
per the recommendations contained in the submitted bid summaries.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager in reply to the question
raised at the May 14th, 1979 Council meeting on the matter of tree planting in Victoria Square, advising that
in recent years the City has been trying to purchase all its trees, both capital and maintenance, at one time
sin order to take advantage of quality and price - however, in order to do this it becomes necessary, in some
cases, to store some of the trees while they are required, and this year, the City managed to obtain most of
its order thus requiring temporary planting of trees for Victoria Square, Adelaide Street plus a few additional
trees required for other capital works; that the staff are well aware of the fact that some of the trees so
stored in this fashion will have to be transplanted at a later date - however, this practice is and will be
consistent with future programmes in that it is important that orders be placed in February or early March in
order to assure choice in quality and price; that in this regard, the Engineering and Works Department is
preparing a temporary site in the Rockwood Park area and is planning a future site along with the proposed
Works complex for use as a storage nursery - with such a site the Department will be able to purchase extra
trees for use throughout the year as well as younger trees which can be stored for a couple of years before
their actual use -- be received and filed.
10
"'IIIl
Tree planting
Watershed lands
Councillor Gould withdrew.
Councillor Wayne, noting that the above report says that trees are planted temporarily in
Victoria Square to preserve them, called attention to the fact that on inspecting the newly planted
trees in the said Square over the week-end she found that two of them had been snapped off, revealing
how well they had been preserved in the last two weeks. She commented that with all the City-owned
land available, she would have felt that a better place than one of the squares could have been found
for the purpose of planting the trees to preserve them - she added that there is all kinds of area
available in the City watershed where these trees could be temporarily planted, and that she is
concerned that the practice outlined in the above letter from the City Manager is going to be con-
tinued on with regard to this temporary planting of trees. Councillor Landers stated that this
afternoon he noted another instance of tree planting by the City forces, in the South End where the
Federal Government is going to build a pier - trees are being planted right in the location where the
pier is to be built. He stated that he thinks that the City Manager should be instructed to take a
close look at the City's planting of trees, bearing in mind that in some cases where the City is
planting them someone else is following behind, tearing them up, which is a waste of the taxpayers'
money. He added that the tree planting in some cases is done on an over-time basis, which also
concerns him. Councillor Clark suggested that the City Manager should look into the matter of heeling
in of trees, which can be done very easily. He stated that he does not understand why the heeling in
of trees was not done in the particular case of Victoria Square trees that is under discussion.
Councillor Wayne stated that instead of receiving and filing the above named report, she thinks that
the Council should turn the report back to the City Manager for further investigation because she
does not approve of this system - and if this is the system that the City has been using, it is the
wrong system, to plant them in the various squares and then dig them up a few weeks later. She
stated that she feels that the City Manager should look into the system. Mr. McDermott replied that
a report will be made. Councillor A. Vincent stated that, for the last three weeks, he would like to
have the City Manager provide the Council with the amount of over-time paid to plant trees. He
stated that he has seen trees planted at night in this regard, and that he is against that sort of
thing, particularly when the crew should be working in the daytime or when the City would be hiring
extra crews to plant the trees. He then asked that the City Manager advise the Council what procedure
of shifts is being implemented regarding the tree planting work. Councillor A. Vincent asked why
within the last three weeks the City has had an extra crew at night in the Champlain Heights area
planting trees. Mr. McDermott stated that he will ascertain the answer for Councillor A. Vincent.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
-City Solicitor RESOLVED that the City Solicitor, or his representative, be
Expropriation authorized and instructed to COmmence expropriation proceedings to acquire the fee simple interest,
Irving Oil Limited subject to the easement for sewer purposes now enjoyed by the City of Saint John, in the land identified
Kierstead Surveys Ltd.as Parcel "A" on a survey plan entitled "Plan Of Lands To Be Expropriated From Irving Oil Limited By
Marsh Creek The City Of Saint John", which plan is dated the 21st day of November, 1978, prepared by Kierstead
Legal counsel Surveys Ltd. and signed by Phillip E. Kierstead, N.B.L.S., for the purpose of creating, operating and
maintaining a storage area for storm water run-off from within the Marsh Creek Watershed; and further
that the City Solicitor be authorized to engage outside legal counsel to assist in the proceedings;
and further that the Mayor and Common Clerk be authorized to execute all documentation required in
the proceedings.
,City Solicitor
Parking regulations
Chipman Hill
'-Ci ty Hall
Police vehicles
Traffic By-Law
City Solicitor
Procedure By-law
Council procedure
'Ci ty Manager
Progress payments
Council Chamber
Councillor Knibb raised'the point that maybe the City has done all that needs to be done in
the Marsh Creek flood control area in spite of the City's legal obligation.
Question being taken, the motion was carried with Councillors Landers, A. Vincent, Knibb
and Green voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the letter from the City Solicitor in reply to
the question raised at the May 7th, 1979 Common Council meeting regarding the parking of police cars
on Chipman Hill near the City Hall building, stating that the municipality holds title to its streets,
in trust, for the benefit of the public and it follows that municipal ownership of its streets is not
absolute beneficial ownership identical of private ownership; that it is the City Solicitor's opinion
that there is no authority to amend the Traffic By-Law to permit parking on streets for the private
benefit of a particular municipal corporation department; that parking facilities for police cars, as
we~l as other parking facilities for other departments, should be provided by the corporation on proper-
ty owned by the corporation; that the foregoing does not apply, of course, to the use of emergency
vehicles, which are governed by the Motor Vehicle Act -- be received and filed and the Police, cars
that are held for emergency purposes be so designated and park on Chipman Hill.
On motion of Councillor Clark
Seconded by Councillor M. Vincent
RESOLVED that the matter be laid on the table for further
study.
Question being taken, the motion to table was carried.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor, submitting a
proposed amendment to the by-law respecting the regulation of the procedure of Common Council meetings,
advising that the amendment reflects the changes dealing with the enforcement of regulations, dealing
with matters presented by delegation, and the placing of items on the agenda by the Councillors; and
stating that the matter of progress payments for contracts, the City Manager's authority to spend up to
$5,000.00 without Council approval should be adopted as policy through resolution, and that the layout
of the Council Chamber is a matter of policy to be outlined in a resolution; and stating that although
the Council may incorporate in its procedural by-law "time limits" for Council meetings, it would, in
his opinion, be unwise to write into law such a restrictive rule, when there may be time when Council
may wish to continue a meeting, having regard to the circumstances at the particular moment - and that,
of course, the Council may set a time limit as a general pOlicy through resolution -- be received and
filed:
.
'I,
I
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I
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I
I
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...
,..
i1
Procedure by-
law
. 'Council meetin
I 'City Manager,
I
Procedure by-
law
,Counci I meet in
.
Plan. Ad. Com.
Re-zoning
Prop. 362 Somer
set S
P.R.&R.J. Tobia
,Amusement centr
(motion lost)
I
.
Re-zoning
procedure
I
Re-zoning
Zoning by-law
Inter-Prov.
Helicopters L
Prop., Bayside
Dr.
Irving Oil Ltd.
N.B.E.P.C.
Union Carbide
Plan. Ad. Com.
I
.
....
,,'
AND FURTHER that the by-law entitled, A By-Law to Amend a By-Law Respecting the Regulation of the
Procedure of Common Council Meetings in The City of Saint John Under the Authority of the Municipalities Act,
1966, and Amendments Thereto", be read a first time.
Read a first time the by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulation of the
Procedure of Common Council Meetings in The City of Saint John Under the Authority of the Municipalities Act,
1966, and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the City Manager be empowered to spend up to $5,000.00
without Council approval.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
the Regulation of the Procedure of Common Council Meetings in The City of Saint John Under the Authority of the
Municipalities Act, 1966, and Amendments Thereto", be read a second time.
Councillor Gould re-entered the meeting.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulation of the
Procedure of Common Council Meetings in The City of Saint John Under the Authority of the Municipalities Act,
1966, and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee in regard
to the re-zoning application from Messrs. P. R. Tobias and R. J. Tobias for re-zoning of 362 Somerset Street
for the purpose of establishing therein an amusement centre, advising that the application was considered at
the Council's meeting held on April lOth, 1979 and that in addition to hearing representations from the said
applicants (who submitted a petition in favour of the re-zoning), nine property owners in the immediate area
appeared in opposition to the proposal, and that the Committee had before it a Planning Branch report, a copy
of which is also before Council at this time, and it was pointed out that of the eleven letters that were
circulated to neighbouring property owners, two persons stated their support while four persons were not in
favour of the rezoning application, and letters in opposition to the proposal were also received from the
Police Chief and the Director of Recreation and Parks; and advising that after reviewing all of the pertinent
factors including the views of the neighbouring property owners, the said Committee recommends to Common
Council that the re-zoning application not be approved -- be received and filed:
AND FURTHER that authority be given to proceed with the necessary advertising with regard to this re-
zoning application.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Gould, Green, Knibb,
Murphy, MacCallum, Pye, M. Vincent and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the recommendation of the Planning Advisory Committee that
the re-zoning application of Messrs. P. R. Tobias and R. J. Tobias for re-zoning of 362 Somerset Street for the
purpose of establishing an amusement centre not be approved, be adopted.
Question being taken, the motion was carried with Councillors A. Vincent and Landers voting "nay".
Councillor Landers asked for a written report on the re-zoning procedure that the Council is going to
follow here, adding that the procedure that is being followed regarding the above named application is entirely
new. The Mayor replied that a written report will be made. Councillor A. Vincent stated that he was in Toronto
last week and was asked if we have any lawyers in Saint John, and he is wondering if the Council could get the
cost of the lawyer that the Town Planning hired in Toronto on town planning - what it has cost us to date for
fees, and his name, and who met with him in Toronto on behalf of the Town Planning. The Mayor replied that the
Council can get a report in that regard. Councillor A. Vincent stated that he does not like us going to
Toronto to hire lawyers without the consent of this Council.
On ,motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with regard
to the application from Inter Provincial Helicopters Ltd. for a change in zoning to permit the establishment of
a heli-port at the Jos. A. Likely Ltd. property on Bayside Drive, advising that at the Committee's last meeting
the following correspondence was brought to its attention: (a) Irving Oil Limited - the company has expressed
concern that part of the secondary approach area is directly over tall existing refinery units and objects to
any proposed height restrictions for its property presently zoned for heavy industrial use; (b) New Brunswick
Electric Power Commission - the Commission has raised the concern of dangers that might result from its chimneys
and nearby helicopter movements; (c) Union Carbide - the company has "no objection to proposed landing site but
point out disastrous explosive effect if chopper crash lands on or near to an acetyline plant which is close to
proposed site" --"and advising that the Committee understands that 'all considerations relating to safety either
have been or will be considered by Transport Canada, and that the necessary license would not be issued until
this important matter has been dealt with satisfactorily, and that it is on this understanding as well as the
other issues raised in the Staff report (copy of which is before Council at this time) that the Committee
recommends to Common Council the following: (1) that a new zoning category "I-2a" (Special Heavy Industrial) be
created to permit: (a) all uses permitted in "I-2" zones subject to meeting all prescribed regulations; (b) an
establishment for the landing and take-off of helicopters including ancillary uses such as repair activities,
storage and offices, and providing such establishment is licensed by and fully complies with Transport Canada
regulations; (2) that approximately a ten acre portion of the Jos. A. Likely Ltd. property occupying a frontage
from about the existing main driveway to the southerly boundary and extending in depth to about the drainage
ditch, be re-zoned from "I-2" to "I-2a" -- and advising that the Committee would recommend that the re-zoning
proposal be advertised -- be received and filed and authority be granted to proceed to advertise the said
proposed Zoning By-Law amendments.
12
"'lIII
Re-zoning
Plan. Ad. Com.
'convenience store
Prop., Ellerdale St.
Ellerdale high rise
Rockwood Pk. Ad. Bd.
Resignations
Eric J. Kipping
Mrs. A. Sheffroth
'Beaconsfield Rubies
Sr. Citizens Club
'Bus transportation
Int. Urban Trans. Co
Councillor Murphy
Saint John Transit
SMT_(Eastern) Ltd.
Fed. Govt.
'Dept. of Public Works
Government offices
Councillor MacCallum
Unity Committee
Councillor Wayne
Property, Brookville
Lime kiln.
Provo Government
'-C.N.R.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee,
relative to the application from Mr. Richard Watters for an amendment to the Zoning By-Law to establish
a convenience store in the Ellerdale (high rise) Apartment on Ellerdale Avenue, advising that at its
most recent meeting, the Committee heard representations from Richard and Elaine Watters in this matter
and the Committee also reviewed a Planning Branch report (copy of which is before this meeting of
Council) setting out a number of relevant issues; and stating that it was the decision of the Committee
to approve of the staff recommendations which are as follows:- (1) that a portion of the property be
re-zoned from "RM_2" to "B-1" to permit a convenience store after the applicant enters into an agree-
ment with the City pursuant to Section 39 of the Community Planning Act; (2) that this recommendation
be forwarded to Council and advertised; and further advising that the Committee would also recommend
that the appropriate agreement be worked out by Staff -- be received and filed and authority be granted
to proceed to advertise the said proposed Zoning By-Law amendment, and the appropriate details be
worked out by Staff.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Rockwood Park Advisory Board,
advising that at a meeting of the Board held on April 3rd, 1979, the matter of the resignation from the
Board of The Honourable Eric J. Kipping was referred to Common Council with the recommendation to
accept the resignation with the Board's regret, and that a letter be sent on behalf of the Board
expressing the Board's appreciation for Mr. Kipping's excellent work on the Board -- be received and
filed and the said resignation be accepted with regret and that a letter be sent on behalf of the
Board.
Read a letter addressed to Councillor Murphy by Mrs. A. Sheffroth of the Beaconsfield Rubies
Senior Citizens Group, requesting that the Common Council authorize the provision of free transportation
by bus in Saint John for a visiting senior citizens group from Digby, N. S. on June 15th, 1979 as
outlined in the letter, and also requesting that the Mayor and Councillor Murphy be present at the
arrival of the visiting group to extend a welcome to Saint John. Councillor Clark, Chairman of the
. Interim Urban Transportation Committee, pointed out that ,if the Council decides to grant the request
for bus transportation, the General Manager of Saint John Transit would have to ascertain if the buses
are available, and then, if they are available, there is the matter of the City having to pay for the
cost, as a grant.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy _
RESOLVED that the request from Beaconsfield Rubies Senior
Citizens Group for provision of free bus transportation in Saint John on June 15th, 1979 to a visiting
senior citizens group from Digby, N. S., be referred to Saint John Transit to see if Saint John Transit
can supply a bus for this purpose and charge the cost of same to the City of Saint John, and failing
availability of a Saint John Transit bus that they contact and hire a bus from SMT (Eastern) Limited
and that the City of Saint John pay for such chartered bus, and that such cost be charged to tourist
promotion.
Question being taken, the motion was carried with Councillor Gould voting "nay".
Read a letter from Councillor MacCallum, advising that he intends to move at this meeting
that the Council make the strongest possible representations against the proposed transfer of Federal
Public Works employees from the City of Saint John. Councillor MacCallum pointed out that there are
conflicting reports on this matter: he heard a spokesman for the Department say that no transfers were
considered - he heard an unidentified person who is employed in the Department say on the radio that
two positions have already been transferred - he understands there is a Task Force report which recom-
mends that the offices in Saint John and Charlottetown be closed - he knows that the Member of Parlia-
ment-elect for Saint John-Lancaster has taken a very vigorous stand on this - he does not think we
should be in a position of waiting until something is done and then trying to undo it - he thinks that
the Council should strengthen the hand of the new Member of Parliament as much as possible and that the
Council make every possible representation against any transfer of these employees.
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that the Common Council make the strongest possible
representations against any transfer of the employees of the Federal Public Works Department from the
City of Saint John.
Councillor Murphy, speaking in support of the above motion, stating that he feels that the
Council should request the Premier of New Brunswick to intervene, as well. He noted that most of the
Federal civil servants that the City of Saint John has - and that the City has few such civil servants
- are mostly clerks which means that the City has very few high paid Federal public servants, and that,
certainly, the City cannot afford to lose any of them. Councillor A. Vincent advised that the Saint
John Unity Committee met this morning and ~ill be meeting again tomorrow morning and the said Unity
Committee hopes to meet with Mr. Eric Ferguson, Member of Parliament-elect for Saint John-Lancaster on
May 31st. He suggested that if the Mayor is available on May 31st it could be a breakfast meeting with
Mr. Ferguson and let his feelings be known as some of us will be in Ottawa on June 1st - he thinks that
there should not be any delay in letting Mr. Ferguson know our feelings officially. He asked if
Councillor MacCallum would agree to that, in principle. Councillor MacCallum signified his concurrence.
Read a letter from Councillor Wayne stating that, as the result of numerous complaints from
the Brookville area with regard to the condition of the land adjacent to the bridge by the lime kiln in
Brookville, she visited the area and is not sure where the responsibility lies - whether with the
Province of New Brunswick or the Canadian National Railw~ys as there are railway tracks that go under
this bridge. The letter advises that in view of the washout of the land and from reports from the
City's Eastern Superintendent it would appear that a serious situation is forthcoming. Councillor
Wayne stated that she has also had complaints from people in the Torryburn area regarding this situa-
tion. She added that the area is very dangerous because there is a large area of land adjacent to the
said bridge that is giving way, and that the Eastern Superintendent had a look at the situation and
told her that the lighted pots have been placed around this area but are gone by the next day. She
stressed that the situation is almost a state of emergency, and that she does not know whether the
bridge is owned by the Province or by the Canadian National Railways. Mr. MacKinnon advised that
.
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...
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13
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" Dept. of
Transportati
.
I
I
.
Coun. Knibb
Negotiations
Unions
Union negot-
iat ions
I
, Residency
'Condit ions of
employment
(Motion lost)
.
S.J. Tours &
Sigl1seeing L
Grants
Subsidies
.... Budget Com.
I
'Floor Fashions
Ltd.
Prop. 240 Met-
calf St
Plan. Ad. Com.
'E. Banks
Parking off-
street
I
(Motion lost)
'Curbing
. Higgins &
Wilson Refrig.
Ltd.
lIr...
approximately two and one-half weeks ago one of the City engineers contacted the Department of Transportation
with regard to the fact that the area just off the bridge was in need of maintenance and that it was greater
than the normal maintenance that the City Department normally carries out, and as a result of that he believes
some other contacts were made - but as a result of that, the Department of Transportation came down on Friday
and started setting up some of their work - and there was actually a crew on site today starting the repairs
to the rock retaining wall on the bridge approach. He stated that the bridge itself is the Canadian National
Railways responsibility, while the approaches to the bridge are the responsibility of the Highways - but they
are there today, starting the work. Councillor Wayne asked if they have been looking at the question of
whether or not there is a dip in that bridge. She stated that she has received calls from the people this
past week-end telling her that it would appear that there is a dip in the said bridge and they thought that
perhaps it had a little bit to do with the blasting that took place when the new road went in to the lime
kiln. She asked if investigation has been made to see if structurally the bridge itself is safe, or are they
just looking at repairing the area which she brought to the Council's attention at this time. Mr. MacKinnon
replied that he will have that question checked out and enquire whether or not there are any problems.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the above named letter from Councillor Wayne be received
and filed and that the Commissioner of Engineering and Works bring a report back to Council.
Councillor A. Vincent stated that as Chairman of the Engineering and Works Committee, he would like
to know the name' of the Eastern Superintendent referred to by Councillor Wayne, and that he would like to have
a copy of the said Superintendent's report tonight from the Commissioner of Engineering and Works. Mr.
MacKinnon replied that he is not aware of any report, and that he would have to assume that it was just an
oral report. Councillor Wayne confirmed that it was an oral report to her, and then she went out herself to
have a look at it because it was in such a condition that she thought it was an emergency. Councillor A.
Vincent then asked for a copy of the said verbal report made by the said Superintendent, for the information
of all the Council members. The Mayor asked that Mr. MacKinnon prepare a report of what transpired. Council-
lor A. Vincent added that if lights that are put up at the said site every night are being stolen he wants to
know where the Police Department is - if they are just borrowed by the Canadian National Railways, then he
would like for the Railways to return them. He stated that there are many rumours out there and he would like
to get to the bottom of it.
Read a letter from Councillor Knibb, stating that in view of the long delay in reaching the 1979-
1980 contracts with local Unions Numbers 18, 61 and 486, he would urge his fellow Councillors to pass the
resolution set forth therein.
On motion of Councillor Knibb
Seconded by Councillor Murphy
RESOLVED that the Common Council instruct the negotiating team for the
City of Saint John to concede that the existing employees of Local Unions Numbers 18, 61 and 486 shall not be
bound by a residency requirement but that for all new employees a condition of employment shall be that they
be and remain residents of the City of Saint John.
Councillor Knibb stated that the above proposed concession is not going to cost the City taxpayers
any dollars, and that it may be a very fine thing for all the City employees to be resident of the city but in
view of the fact that we seem to be trespassing on the rights of employees who have been in the city for some
time and they through their representatives on the Union feel that we are interfering with their rights, he
thinks that it is important that we come to some agreement - the most important thing for the City of Saint
John at the moment is a healthy relationship between management and the Unions - we do not have it in one area
of the private sector at the moment and if we did not have it in the public sector he thinks it could be a
disaster for our economic future - and so, he would ask that the Council members look favour ably upon this
concession and that we ask only that the Unions shall for all new employees that they shall be residents of
the City of Saint John. Councillor Pye stated that he contends that the Council is exercising poor judgement
in endeavouring to introduce a residency clause at this time, and that the matter should be forgotten, entirely.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Gould, Green,
Landers, MacCallum, Pye, A. Vincent, M. Vincent and Wayne voting "nay".
On motion of Councillor GOQld
Seconded by Councillor Landers
RESOLVED that the letters from Saint John Tours & Sightseeing Ltd.,
requesting an arrangement that the City of Saint John subsidize half of the losses of this company at the end
of the first year of operation of this company's sightseeing operation in Saint John, up to a ceiling of
$3,000.00, with the company to then be responsible for the remaining half of the operating deficit, be re-
ferred to the Budget Committee.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the letter from Floor Fashions Ltd. of 240 Metcalf
Street, advising that at the Common Council meeting of October 30th, 1978, the Council adopted the recommen-
dation made by the Planning Advisory Committee that the curb in front of Floor Fashions Ltd. said premises be
altered so as to permit the use of the parking area in front of this store; that work was started on this
project shortly thereafter but was not completed before the winter set in and a temporary job was done with
the intention that when the frost came out of the ground the proper type to match the new curbing on this
street would be done; that on May 15th, 1979 Mr. E. C. Banks, President of Floor Fashions Ltd. was informed by
Mr. Joseph Gabriel of the Engineering and Works Department that he has no money allocated for the completion
of this job and that the work that has been done is all he is going to do; that the company is not asking for
any special treatment or favours, only what has been promised by the Council on October 30th, 1978, and to be
treated with equal consideration to that of other businesses on Metcalf Street; that the company would appre-
ciate the completion of this work at the earliest possible date so that Stephen Construction Company Limited
can pave in front of this store and the company's parking lot to further improve the appearance of Metcalf
Street -- be referred to staff for a report and recommendation.
In explanation of the above named matter, Mr. MacKinnon advised that the City had started a construc-
tion job on Metcalf Street to do concrete curbing and sidewalks; at the time that we had gone through a
portion of the construction an application came from Floor Fashions 'Ltd. to have the curb removed in front of
their facility similar to that which had not been installed in front of Higgins & Wilson Refrigeration Ltd.;
as a result of their request it went to the Planning Advisory Committee because the Works Department was
following the guidelines as laid down by the Planning Department - the Planning department, in turn, wrote to
the Council accepting the premise that Floor Fashions Ltd. should have the curb removed and they discussed
14
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Floor Fashions Ltd.
Fundy Cablevision Lt
Prop., Waterloo St.
Zoning By-Law
Pet i tions
People to People
Petition for Can.
Unity.
The Rocca Group
Westmorland Gr.
holding pond
that there should be some cost involved that Floor Fashions should accept; the Council, in turn, dealt
with the matter and he believes that were some discussions indicating that Floor Fashions should not
pay for it but that staff have the curb removed; the discussions we had following that with Floor
Fashions were to the effect that it was concrete curb and sidewalk that was in and that if we removed
it would could not replace it in concrete and that it would be best to leave it until the spring; the
request was that it had to be removed then and he believes on November 21st, 1978 the concrete curb and
sidewalk was removed by the City and it was asphalted because we could not put the concrete work back
in; since that time, the owner of Floor Fashions has contacted the Engineering and Works Department, in
turn - Mr. Gabriel, as indicated in the above named letter - and Mr. Gabriel's indication to the said
owner is that the job was completed and that the Department did not have any funds to do it another
time; the costs that the Department has attempted to attribute to it - the original installation which
is part of the capital programme for doing the work was in the vicinity of $1,200.00 to do the concrete
curb and sidewalk that went along that area; as a result of this company's request and the approval by
Council the concrete was removed and replaced with asphalt at a cost of approximately $1,000.00 - we
have attempted also to put a cost on what it will cost the City to excavate now the existing asphalt
and replace again with a concrete curb and sidewalk and this cost would be'in the vicinity of $2,000.00;
basically, what the Department is saying is that it has done it a number of times according to the
commitment and the Department does not have a commitment, certainly, to expend the funds that the
Department has to do it a third time - and Mr. Banks, in turn, has come to Council on the matter.
Councillor Wayne stated that it was cold asphalt that the City put in at this particular site on
Metcalf Street late last fall after the concrete curb and sidewalk was removed, but that it was the
understanding that the City was just going to patch this up and, come spring, the City was going to put
in the proper sidewalk, and so on. She stated that was the full understanding, on her part, at Council
on October 30th, 1978 on the matter, and that she feels that it was the full understanding of everyone
present at the said Council at that time.
Question being taken, the motion was lost with Councillors Gould, Landers, Wayne, Murphy,
MacCallum, Green and A, Vincent voting "nay".
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that the above named request made by Floor Fashions
Ltd. be complied with.
Question being taken, the motion was carried with the Mayor and Councillors Clark and Knibb
voting "nayll.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from Fundy Cablevision Ltd. for a
zoning amendment' to permit the company to locate in the Imperial Oil property on Waterloo Street its
full operation of cablecasting, administration and technical operations, be referred to the Planning
Advisory Committee for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the petition entitled "People To People Petition
For Canadian Unity" and which states "In a spirit of understanding and to better meet the ongoing needs
and hopes of all our peoples, we the undersigned from British Columbia to Newfoundland invite Quebecois
members of our Canadian family to remain Canadian and to continue building with us this magnificent
Canada.", be circulated for the signatures of those Council members who wish to sign it.
Councillor Gould withdrew from the meeting.
"nay".
Question being taken, the motion was carried with Councillors Landers and M. Vincent voting
At this time, the Common Clerk was asked to read the letter that had been referred to earlier
in the meeting by Councillor Wayne regarding the payment of $50,000.00 to the City by The Rocca Group.
The said letter, addressed to the City Manager from the Deputy Commissioner of Finance, and dated May
24th, 1979, states that during the Council meeting of May 14th, 1979 two questions were raised re-
garding the said payment:- (1) has the $50,000.00 been received, and (2) if received, where was it
credited. The letter states that the payment of $50,000.00 was received from The Rocca Group on April
18th, 1979 and was credited against a Works Department expenditure account into which costs associated
with the project had been previously charged; the project in question was the construction of a holding
pond at Westmorland Grove. Councillor Wayne stated that she feels she is deserving of some sort of an
explanation and that perhaps every member of Council is deserving of an explanation because on October
2nd, 1977 she brought this item before this Council, and at that time the then City Manager stated he
recommended that the City accept the sum of $50,000.00 from The Rocca Group in full discharge of its
commitment to provide the excess run-off retention facility for Westmorland Gorve and that the City
proceed to construct this multi-purpose flood storage area. She stated that on June 26th, 1978 she,
asked about the flood storage retention area and the City Manager of the time stated that it had been
inadvertently left off the capital budget but he was going to have that rectified, and he stated that
they would be pursuing the $50,000.00 expeditiously. She stated that the developer in private session
almost a year ago told the Council members that the money in question was in City Hall, and yet the
above noted letter says that the money was received on April lOth, 1979 by the City, and that if the
money was not in City Hall at the said time last year sne wants to know where it was - she would like
to have some explanation about this matter, a full explanation. She stated that she was told by the
then City Manager and by every City staff that this money was in City Hall, and she was told the same
by the developer, and she is not at all happy about this discrepancy of information. Councillor
MacCallum asked when the Council resolution of October 2nd, 1977 was communicated to the developer.
Councillor Wayne added that she would like to know when the then City Manager after October 2nd, 1977
contacted Mr. Rocca to get the said $50,000.00. Mr. Barfoot replied that his recollection of the
matter was that we billed Mr. Rocca for the $50,000.00 last summer, about July, and Mr. Rocca's re-
sponse which he gave to Council at the time - or soon afterwards - was that Mr. Rocca said that as soon
as we had finished the work he was willing to give us the money - that is the information that was
given to Council. The Mayor noted that the background information on the matter will be obtained from
the Council minutes together with the pertinent background correspondence. Mr. Barfoot stated that,
then, another bill was sent to them, with the completion of the work, presumably, and the $50,000.00
was obtained as per the agreement - the second bill went in January, 1979; he believes that the work
was done last fall.
On motion of Councillor Wayne
ecounded by Councillor MacCallum
Resolved that the Council be provided with a full
.
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15
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'- Grants Com.
'Grants
'$tage One
Theatre Co.
,The Confederat'
Musical
I
'\ Thistle-St.
,Andrews Curl.
Club.
\.Policemen's
Ball
"-Security
"Police Chief
I
'Concrete testi
'Asphalt testin
.
LEG A L
S E S S ION
I
'-City Solicitor
'-Supreme Court
actions
'Nova Scotia
Savings & Lo
'Demolitions
'Bldg. Act. 192
.
\. Grievance Com.
'Police Union
'Grievance
I ~Dallas Urquhar
George Evans
-Arbitration Bd.
"Ronald Lister
'- Lino Celeste
. 'Lino Celeste
'Dallas Urquhar
'-Grievance
, Earl W. Rice
"-Police Dept.
.
...
report regarding the above discussed matter.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the request made by Stage One Theatre Company for financial
assistance towards the cost of producing the musical entitled, "The Confederation Musical", from July 11th to
14th, 1979, inclusive, at Saint John High School auditorium, be referred to the Grants Committee for a report
ftnd recommendation.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the request from Thistle-St. Andrews Curling Club for
approval from the Common Council to stage at the rink on the night of June 5th, 1979 a special entertainment
event featuring the services of the "Glenn Miller Orchestra", and for the said rink to be used for the
Policemen's Ball on the night of June 11th, 1979, be granted.
Councillor A. Vincent asked that the City Manager and the Chief of Police bring in a report on what
we consider "security" in the type of event referred to in the above motion - should it not be off-duty
policemen because if they are hiring other people who may not be trained as well as the policemen and then
they get some kind of a problem going, then our duty policemen 'have to be called in off other areas of the
city to stop the problem - he thinks that people running affairs like this should hire policemen through our
City as off-duty policemen and pay for their services - he feels strongly on that matter. He added that he
would like to have a confidential report to Council from the City Manager and the Chief of Police on their
views, or how much problem it causes.
Consideration was again given to the matter of engaging asphalt and concrete testing services,
which had been laid on the table earlier in the meeting pending receipt of costs.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that regarding the above named matter, this meeting
recess until Tuesday, May 29th, 1979 at 4.00 o'clock p.m. and Council will have the said requested costs
report.
Question being taken, the motion was adopted with Councillors Landers, M. Vincent and Wayne
voting "nay".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that this meeting continue, in legal session.
Councillors Landers and A. Vincent were absent at this time.
On motion of Councillor MacCallum
,
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor, advising that the
City of Saint John has commenced an action in the Supreme Court to recover costs against Nova Scotia Savings
& Loan Company in connection with demolition charges under the 1925 Building Act, and that this is a test
case to determine the meaning of the statute in relation to the responsibilities of mortgagees for demolition
costs, and that the case is expected to go to trial for the next sitting of the Supreme Court; and further
advising that several months ago the solicitor for the said company requested that he be given permission to
appear before Common Council to discuss the reasons why he believed his client should not be responsible, and
that in view of the fact that the case commenced against the said company can serve as a test case and
thereby determine the City's actions for future cases under the 1925 Building Act, the City Solicitor is
recommending that Council not become involved in the matter at this time, and that the solicitor for Nova
Scotia Savings & Loan Company be advised -- be received and filed and the recommendation adopted.
Question being taken, the motion was carried with Councillor Knibb voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Grievance Committee of Saint John
Policemen's Protective Association, Local No. 61, C.U.P.E., advising that in the matter of the grievance of
Dallas Urquhart, the nominee of the said Local is Mr. George Evans of 1 Alma Street, Saint John, N. B. to the
Board of Arbitration in this dispute, be received and filed, together with the letter dated May 14th, 1979 in
this regard from the said Local.
Mr. McDermott advised that either Mr. Ronald Lister or Mr. Lino Celeste is proposed as the City's
nominee to the said Board of Arbitration.
On motion of Councillor Gould
'ti
;!
Seconded by Councillor MacCallum
RESOLVED that Mr. Lino Celeste be the appointee of the City of
Saint John to the Board of Arbitration regarding the grievance of Dallas Urquhart.
Councillor Landers entered the meeting.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter dated April 28th, 1979 from Detective
Sergeant Earl W. Rice of the Police Department, outlining a problem that he has encountered with his record
as a member of the said Department and seeking help in having the problem rectified, be turned over to the
City Manager to deal with the matter.
16
-,
,
Police Chief
\Flewwelling, Edis A.
, Petitions
PeiJple to People
Petition for Can.
Unity
During discussion of the above named letter, the City Manager distributed to the Council
members copies of a report addressed to the Mayor and Council members, dated May 28th, 1979, from the
Chief of Police relating to the above named matter.
On motion
The meeting adjourned.
W
Common Clerk. '9
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eleventh
day of June, A. D. 1979, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, MacCallum, Murphy,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, R. Park, Commissioner of Finance, D. Wilson,
Deputy Commissioner of Finance, M. Zides, Commissioner of Community Planning
and Development, M. Winch, Deputy Commissioner of Community Planning,
J. Gabriel, Deputy Commissioner of Works, S. Lodhi, Chief of Technical and
Inspection Services, and Building Inspector, C. E. Nicolle, Director of
Recreation and Parks, F. Ross, Chief of Police, P. Clark, Fire Chief, B. Gale,
Plumbing Inspector, and L. Ecker, Manager of Saint John Transit
The meeting opened with a prayer which was invoked by the Deputy Mayor.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that minutes of'the meeting of Common Council, held on
May 28th last, be confirmed.
Mr. Edis A. Flewwelling, Chairman of the People Petition for Canadian Unity, was present at
the meeting accompanied by members of the Committee for New Brunswick regarding this petition, which
states "In a spirit of understanding and to better meet the ongoing needs and hopes of all our people,
we the undersigned from British Columbia to Newfoundland invite Quebecois members of our Canadian family
to remain Canadian and to continue building with us this magnificent Canada". Mr. Flewwelling advised
of the origih and purpose of the petition, which is non-political and non-governmental, and noted that
the people responsible for its circulation throughout Canada, are all volunteers who are concerned with
Canadian unity. At this time Mr. Flewwelling presented the said petition to the Mayor and Council
members for their signatures, prior to it being circulated, among the residents of Saint John.
On motion of Councillor Murphy
'Que-Mar Con. Ltd. Seconded by Councillor M. Vincent
,Tenders accepted RESOLVED that as recommended by the City Manager, the contract
\Fairville Blvd. Mols ~or Fairville Boulevard-Molson Avenue-Mountain Road-Industrial Drive storm sewer construction be awarded
Ave.~ountain Rd.- I to the low tenderer, Que-Mar Construction Ltd. in the amount of $65,982.00.
Industrial Dr. stor
~ewer construction-- On motion of Councillor Murphy
-
'Tenders accepted
, Demo Ii t ions
'Prop. 419 Bayside On. as submitted by
. 49-51 Exmouth St. property at 419
,Grove Con. Ltd. accepted.
'Tenders accepted
'Demolitions
Prop., 77 Victoria
16-18 Middle St.
15-17 Harding St.
48-50 Mecklenburg
'Paul's Trucking &St.
DemOlition Co. Ltd.
'Agreements
'N. B. Community Col-
lege
'N.B. Firefighters
Training Academy
'Fire Station No.8
Se'conded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the low tenders
Grove Construction Limited, in the amount of $942.00 for demolition of City-owned
Bayside Drive, and in the amount of $2,237.00 for demolition of 49-51 Exmouth Street, be
On motion of Councillor Murphy
Seconded by Councillor Green
St. RESOLVED that as recommended by the City Manager, the tenders as
submitted by Paul's Trucking & Demolition Co. Ltd., in the amount of $3,200.00 for demolition of 77
Victoria Street; in the amount of $3,000.00 for demolition of 16-18 Middle Street; in the amount of
$3,300.00 for demolition of 15-17 Harding Street; and in the amount of $7,500.00 for demolition of 48-50
Mecklenburg Street, be accepted, these being the only tenders received.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for the Mayor and Common Clerk to execute on behalf of the City of Saint John, the agreement
with the New Brunswick Community College for the period commencing September 1, 1978 and ending August
31, 1980, with respect to the operation of the New Brunswick Firefighters Training Academy at No. 8 Fire
Station.
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17
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Tenders accepte
'M.I.T. Sales Lt
.'Lift station
~jor:s Brook
pumplng statlO
'...Purchase of veh
'Police vehicles
I ~D.&J. Motors Lt
,Police Dept.
, Insurance
I
mot,.:;" res,,- ,.,-deli
U..O -sr;.~e-I'3IgJ-
P'j;J.b
'--Ii.R.E.E, pay-
ments
.
, Bays ide Drive
Reconstruction
& Extension
'Que-Mar Con. Ltd
..... Hazen Ck. Sewag 2.
Treatment PIt.
."Simpson Con.
Ltd.
'Stephen Con.
. Co. Ltd.
\D.Hatfield Ltd.
"Prop. ,Brookvill
'C.N.R.
I \ Dept. of Trans.
.
'Lane,Mr.& Mrs.
,Prop. ,Palmer S
-.... Building permi
.,private roads
....
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that as recommended by the City Manager, the tender of M.I.T.
Sales Ltd. in the amount of $17,155.80 be accepted for modification of the lift station at the Major's Brook
pump station, be accepted.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, authority be
of a 1979 Chevrolet from D. & J. Motors Ltd. at a cost of $6,950.00 plus sales tax,
Police Department to replace a unit destroyed by fire earlier this year.
cles
granted for the purchase
.which is required by the
In reply to queries, the City Manager stated that he would obtain information regarding the amount
the City was reimbursed through insurance for the vehicle destroyed by fire, and a comparison between the
above price and tender prices for such vehicles.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the above matter be tabled and that public tenders be
called for the required vehicle.
Question being taken; the tabling motion was carried with the Mayor and Councillors Green, Gould,
Landers, Pye, A. Vincent and Wayne voting "yea" and Councillors Clark, Elliot, Knibb, MacCallum, MLITphy and
M. Vincent voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates in connection with the following
projects that were undertaken under the Department of Regional Economic Expansion programme:-
1.
Bayside Drive Reconstruction and Extension - Phase V
Que-Mar Construction Ltd.
Total value of contract $ 541,953.00
Total work done, Estimate Number 3 423,012.07
Retention 63,451. 81
Payments previously approved 248,853.82
Sum recommended for payment, Progress Estimate Number 3,
dated May 30, 1979 $ 110,706.44
Hazen Creek Sewage Treatment Plant
Contract Number 2
Simpson Construction Ltd.
Total value of contract $ 1,598,750.00
Total work done, Estimate Number 14 1,515,192.03
Retention 227,278.80
Payments previously approved 1,283,068.23
Sum recommended for payment, Progress Estimate Number 14,
dated June 14, 1979 $ 4,845.00
(Councillor Landers withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, approval be granted
for payment of the following invoices:-
Stephen Construction Company Limited - Works Dept.
D. Hatfield, Ltd. - Works Dept.
May 16-31, 1919
May 1-15, 1919
$
$
62,806.43
18,303'11
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the report from the City Manager with regard to Council's
request for a report on the C.N.R. bridge structure on the Rothesay Road, Highway Number 100, and the possibility
of it being in an unsafe condition, advising that the structure itself is the responsibility of the C.N.R.,
while the approaches to the structure are the responsibility of the Department of Transportation, and the
City is responsible for normal maintenance of the approaches under agreement with the Department of Trans-
portation, which responsibility would include such regular maintenance work such as snow plowing, pothole
patching and normal shoulder repair; that a few weeks ago it was discovered that the rock retaining wall on
the western approach to the structure had collapsed at the base and the rock had fallen, causing the shoulder
of the road to give way to the edge of the pavement, which site was barricaded by City forces and, since the
necessary repair work is judged to be beyond the limits of normal maintenance, the Department of Transpor-
tation was contacted and informed of the situation and their crews arrived on the site on May 28th and are
presently'correcting the problem; and further advising that the site was inspected on May 30th and as well
the condition of the structure was checked and is considered to be in good condition for its age, however,
there are some minor areas of concrete repair that should be pointed out to the C.N.R., but do not affect the
structural strength and the C.N.R. authorities will be made aware of these deficiencies -- be received and
filed.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the
request from Mr. and Mrs. James Lane for a building permit to construct their home on Lot 46, Palmer Street,
Lakewood Heights, advising that Palmer Street has been regarded by the Works Department as a private road and
consequently when Mr. and Mrs. Lane applied for a building permit they were informed that they would be
responsibile for the cost of upgrading the street and providing services so that it could be accepted by the
City as a public street, however, Mr. and Mrs. Lane maintained that the Province had accepted the deed to
Palmer Street when the subdivision was first approved over twenty years ago although the City had no record
.i8
-,
, Dept. of Trans.
,Palmer Street
'Reflective buttons
\ Crosswalks
,'Capital. pl'oj ecTs"
'Fire Station No. 2
'Mott, Myles & Chat-
win Ltd.
, .
K1ng Edward School
'W.E. Kelly Ltd.
~~oodlawn Park Exter- 3.
nal Services
\Que-Mar Con. Ltd.
,
Dominion Park
-'Darkil Construction
Ltd.
'Robertson Square
\Landtects Ltd.
of this transaction because Palmer Street was not included in the orficial list or public roads turned
over by the Province to the City at amalgamation; further advising that as a result of further research
by the Legal Department, and with the co-operation of the Provincial Department of Transportation, a
search of the records was carried out and it was finally established that a deed describing Palmer
Street as a reserved road had been registered in 1955, and once that fact had been determined to the
satisfaction of all concerned the requirements of the by-law could be'met and the building permit was
accordingly issued on May 25, 1979 and Mr. and Mrs. Lane are now able to proceed with construction of
their home -- be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the
request made at Council's meeting of April 23rd, 1979 for a report on the feasibility of using reflective
buttons rather than paint as a means of marking pedestrian crosswalks, advising that these devices are
normally used in snow-free climates to define the centre line of a roadway at night and these have been
tried by the City in the past with very poor results because they are vulnerable to snow plows and to
vandalism and it is recommended that reflective buttons not be used to identify crosswalks; further
advising that there are plastic tapes available which are applied to the pavement surface with cement
with a normal life span of two years, and submitting cost comparisons between conventional paint and
plastic tape for a two-year period and stating that tape can only be applied to a good pavement surface
which will not be resurfaced for two years, therefore, it is practical to use plastic tape only at a
few selected locations and the Province has recently indicated that it would cost-share the use of this
type of material on Provincial highways within city boundaries and staff will pursue negotiations on
this matter - and recommending that crosswalks in selected locations that reature good pavement sur-
faces which will not be resurfaced for at least two years be identified with plastic tape instead of
conventional paint -- be received and filed and the recommendations adopted.
Read a letter from the City Manager recommending that approval be given for payment of the
following construction progress certificates and approved invoices for architectural services in
connection with the following named capital projects:-
1.
Fire Station Number 2
Loch Lomond Road and McAllister Drive intersection
Mott, Myles and Chatwin Limited
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated May 31, 1979
$ 25,796.92
$ 3,381. 90
2.
King Edward School
W. E. Kelly Ltd.
Renovations
Total value of contract
rotal work done, Estimate Number 5
Ret~ri-tiofi
Payments previously approved
Sum recommended for payment, Progress Estimate Number 5,
dated June 5, 1979
$ 74,874.00
[3,610.14
Nil
71,401. 84
$ 2,208.30
Woodlawn Park External Services
Que-Mar Construction Ltd.
Total value of contract
Total work done, Estimate Number 6
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 6,
dated June 6, 1979
$ 684,826.00
650,098.94
97,514.84
505,038.16
$ 47,545.94
4.
Dominion Park
Darkil Construction Ltd.
Beach house construction
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated June 6, 1979
$ 79,144.00
87,537.[3
13,130.66
47,357.83
$ 27,049.24
5.
Robertson Square
Landtects Ltd.
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated June 6, 1979
3,150.00
Nil
$
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that authority be granted for payment of Item Number 1
in the above letter.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that authority be granted for payment of Item Number
2 in the above letter.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED ,that authority be granted for payment of Item Number
3 in the above letter.
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.19
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,Sale of proper
.,prop. ,Millidge
Ave.&Univ. A
'" George T. Teed
Councillor Pye proposed a motion, which was not seconded, that payment of Progress Estimate Number 6
to Que-Mar Construction Ltd. regarding the Woodlawn Park External Services contract be laid on the table until
it is determined who is responsible for the dumping of raw sewage into the Osborne Brook. Mr. Gabriel stated
that he would suspect that the matter referred to by Councillor Pye is an existing outfall in the system which
is what the design for this area will eliminate. In reply to a query of Councillor Pye, Mr. Gabriel stated
that the contract with this company provides that the contractor is required to reinstate the landscaping of
such areas referred to by Councillor Pye along the Red Head Road, to its' former condition. Councillor A.
Vincent noted that there is a retention on this contract which will be held back by the City until all con-
ditions are met by the contractor.
In reply to a query of Councillor Wayne regarding the scheduling for the Debly Subdivision to hook
into the system, the City Manager advised that provided Council agrees, he can see no reason why this cannot
take place in 1980.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that authority be granted for payment of Item Number 4 in the
above letter.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that authority be granted for payment of Item Number 5 in
the above letter.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the report from the Planning Department with regard to
the recommendation of the Land Committee that the City sell a parcel of land located at the northeast corner
at the intersection of Millidge Avenue and University Avenue to Mr. George F. Teed, on behalf of his client,
for the sum of $40,000.00, the intended use of this property being for a modern convenience store, be referred
to Committee of ' the Whole for briefing of Council by Mr. Winch in this regard.
(Motions lost) Question being taken, the motion was lost, a tie voting having been created with Councillors Elliot,
Clark, MacCallum, Murphy, Pye and Wayne voting "yea" and the Mayor and Councillors Gould, Knibb, A. Vincent,
M. Vincent and Green voting Iln:9-Y".
~I
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I
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the report from the Planning Department with regard to the
recommendation of the Land Committee that the City sell a parcel of land located at the northeast corner at
the intersection of Millidge Avenue and University Avenue, containing approximately 1.3 acres, to Mr. George
F. Teed, on behalf of his client, for the sum of $40,000.00, the intended use of this property being for a
modern convenience store, advising that about two months ago the Planning Department reported directly to the
Land Committee on the matter and this report refers to and elaborates on those matters brought to the at-
tention of the Committee, and should carefully be considered by Common Council before reaching a decision on
the sale of the above-noted property, and submitting the following conclusions: (1) the Irving convenience
store together with Millidge Place (presently being built) will provide about 22,000 square feet of retail and
service floor area and these developments together with the remaining "B-2" zoned lands at the northwest
corner of the intersection (formerly Sobeys and now used by A. C. Nielson Co. Canada Ltd.) will provide ample
local shopping opportunities for the existing community, and the addition of a new store will increase the
undesirable results of "strip development", including traffic difficulties and the proposal should not be
encouraged in its present form and at the present time; (2) the site has considerable potential as a community
centre, encompassing commercial, institutional, recreational and residential uses in an integrated development
and the present proposal might jeopardize ,such a project; (3) the site has poor soil conditions which pose a
serious problem for construction and this problem is best dealt with in a planned integrated development
rather than on a piecemeal approach; (4) the Planning Branch is presently preparing a secondary plan for the
Millidgeville community which is considered a priority item as reflected by the resolution of Common Council
on July 31, 1978 and in this regard the Branch's planning assessment should be permitted to proceed towards a
more advanced level before any significant development decisions are made; (5) sale and development of the
parcel would serve as an undesirable precedent for further development of the City-owned lands; and (6) maximum
public benefit from development of the property will occur from a planned, integrated scheme and the present
proposal is inconsistent with this objective - and recommending that the 1.3 acre parcel at the northeast
corner of Millidge and University Avenues not be sold at the present time and that the sale and/or development
of City-owned lands be considered after the preparation of a secondary plan for the Millidgeville community
including a planned, integrated scheme for this area -- be received and filed and the recommendations adopted.
Question being taken, the motion was carried with Councillors Green, Knibb, Murphy Pye, and A.
Vincent voting "nay".
(Councillor Gould withdrew from the meeting)
On motion of Councillor Wayne
~I
Seconded by Councillor MacCallum
\ Council Pro- RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
cedure By-law Respecting the Regulation of the Procedure of Common Council Meetings in The City of Saint John Under the
,Council meet in sAuthority of the Municipalities Act, 1966, and Amendments Thereto", be read a third time and enacted and the
Corporate Common Seal affixed thereto.
.
lro..
Councillors Pye and A. Vincent voted "nay" tQ the above motion.
The by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulation of the Procedure of
Common Council Meetings in The City of Saint John Under the Authority of the Municipalities Act, 1966, and
Amendments Thereto", was read in its entirety prior to adoption of the above resolution.
20
"""IIIl
~JoninK By-Law
~e-zonlng
\Prop., Burpee Ave.
,~Sisters of Charity
~ Zoning By- Law
l Re- zoning
'Prop., 137 St.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, re-zoning the property known as L.R.I.S. numbers 22723 and
22715 and lying on the westerly side of Burpee Avenue and behind lots on Mount Pleasant Avenue, Rockland
Road and Parks Street, from "RM-l" ,Multiple Residential district to "IL-l" Neighbourhood Institutional
district, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ndments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
James By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
St. of the Zoning Map of the City of Saint John, re-zoning the property known as L.R.I.S. number 2642 and
located at civic number 137 St. James Street, from "RM-l" Multiple Residential district to "B-1" Local
Business district, be read a third time and enacted and the Corporate Common Seal affixed thereto:
'Basil Votour
~~urchase of property
'Uni ted Church of
Canada
'McAllister Drive
Arterial
... Leas es
Right-of~way
'Engineering & Works
Dept.
, Easements
'City Solicitor
.. Zoning By- Law
\amending Sections
100 & 10SA
AND FURTHER that such re-zoning be pursuant to Section 39 of the Community Planning Act and
conditional upon the developer, Mr. Basil Votour, entering into an agreement with the City, which shall
provide, amongst other matters, for the following: (a) the use of the upper and lower floors shall be
restricted to a dwelling unit and barber shop, respectively, and (b) that the barber shop shall not be
established until those improvements to the lower floor of the building which are deemed necessary by
the Building Inspector are undertaken and completed.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend- -
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the City
purchase approximately 12,697 square feet of land from the United Church of Canada for $5,100.00, which
is required for the construction of the McAllister Drive Arterial:
AND FURTHER that the City of Saint John lease to the United Church of Canada approximately
1.254 acres of land between the Church's property and the proposed right-of-way of the McAllister Drive
Arterial for the sum of $1.00 per year in perpetuity, as per the submitted plan, the land to be used for
church purposes only (e.g., parking, etc.):
AND FURTHER that no construction be carried out on the land being leased to the Church without
the permission of the Engineering and Works Department, and the City be permitted to carry out whatever
repairs or construction is required to maintain or construct pipes within the easements.
(Councillor Gould re-entered the meeting)
Moved in amendment by Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the above motion be amended to provide that no
construction shall be carried out on the land being leased to the Church without the permission of the
Common Council, and that the legal phraseology of the said motion be amended to protect the City's
interests.
During discussion of the above Land Committee recommendation, Councillor Clark suggested that
the Church should be required to pay any real property taxes assessed against the City on the property
to be leased.
On motion of Councillor MacCallum
Seconded by Councillor Gould
RESOLVED that the above recommendation of the Land Committee be
referred to the City Solicitor for a report and recommendation to the next meeting of Council.
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the said by-law
by substituting the following for clause (g) of sub-section, (3) of Section ioo therein: "(g) the site
adjoins an 'R' zone on the street on which it fronts"; by substituting the following for sub-section (2)
of Section 108 A therein: "(2) A use mentioned in clause (a) of subsection (1) shall be at least 300 feet
measured along the street on which the lot is located or abuts from a church, school of 'R' Zone or no
closer than 100 feet thereof in any other direction."; by substituting the following for clause (a) of
Section 172 therein: "(a) an area of at least 7,5000 square feet; and"; and by adding the following
to clause (c) of sub-section (2) of Section 220: "provided that such sign must relate to the activity
taking place on the property on which it is to be located.", be read a third time and enacted and the
Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
.
I
I)
.
1-
.
I"
1<
'ADI Limited Seconded by Councillor Green .
'Asphalt testing RESOLVED that as recommended by the City Manager, A D I Limited
'Stephen Con. Co. Ltd. of Saint John, N.B. be engaged to carry out testing on asphalt supplied by Stephen Construction Company
'Eastern Technical Limited directly to City crews, and that Eastern Technical Services of Saint John, N.B. be engaged to
Services
'Concrete testing
....
,-
21
.\
Asphalt
-\
testing
I 'Traffic By-law
\ Parking regul=
at ions
, Prop., City Rd.
, Waterloo St.
I
.
'- Parking res-
trictions
.
\
Dr. Bruce Parle
JMedical officer
.'police Dept.
,Fire Dept.
I
I
'-Plumbing By-law
.... Leases
'Prop. ,32 Water
.'North End Urban
Renewal Scheme
'Parrtown Tavern
Ltd.
...
carry out testing on asphalt on tendered projects as well as to carry out all concrete testing.
,Councillor Wayne referred to a recent article in a publication entitled "Civic Public Works" which
referred to a meeting of )hot mix producers in Ontario where concern was expressed that none of the company
which are involved in testing asphalt in that Province are certified and that there are no':standards set down
for testing procedures for asphalt or concrete. She asked if this situation applies in the Province of New
Brunswick as well. The Mayor replied that the City sets its own standards from experience and study and we do
have standard tests, and that perhaps Council should be apprised of the tests conducted for the City in this
regard.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor, submitting a proposed
amendment to the Traffic By-Law with regard to the parking times on portions of City Road and Waterloo Street,
be received and filed:
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto", be
read a first time.
Councillor Gould voted "nay" to the above motion.
Read a first time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and
Amendments Thereto", be read a second time.
Councillor Gould voted "nay" to the above motion.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto".
Councillor Gould suggested that there should be an option in the by-law to provide that such restricted
parking limits in various areas of the City would only apply between 8 a.m. and 6 p.m. in order to facilitate
both residents and business concerns in the uptown area. Councillor Wayne referred to a parking problem
encountered by the Village Boutique on Harding Street in Saint John West and she asked that this matter be
investigated by staff. Regarding parking on Dorchester Street which Councillor M. Vincent noted was to have
been reported on by staff, the Mayor asked that such a report be forthcoming at the next Council meeting.
Read 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 begs leave to report that it sat on Monday, April 9th, 1979, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Knibb, Landers, Murphy, MacCallum, Pye and Wayne, and your
Committee begs to submit the following recommendation, namely:-
1. That the action of the City Manager in approving the request made by Dr. Bruce Parlee, Medical
Officer to the Police and Fire Departments, for an increase in his retainer fee of $500.00 to each Department,
be approved.
11th June, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
C h air man.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the above report be received and filed and the recom-
mendation contained therein be adopted.
Read report of the Committee of the Whole
(as follows)
.1;'<
,,' _To' the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on Monday, May 28th, 1979, when there were present
Mayor Davis and Councillors Clark, Gould, Green, Knibb, MQrphy, MacCallum, Pye, M. Vincent and Wayne, and your
Committee begs to submit the following recommendations, namely:-
1. That in accordance with the recommendation of the City Manager, who has advised that the Plumbing
Trade By-Law has been investigated since March 19th, 1979 and that meetings have been held with various
interested parties, no changes be made in the said By-Law at this particular time.
2. That the letter dated May lOth, 1979 from the City Manager, which was laid on the table on May 14th,
t1979, now be taken from the table and the request contained therein complied with, namely:- with regard to the
property at 32 Water Street in the North End Urban Renewal Scheme (F-5-1-29) that the Council acquired from
22
""llIl
\-
'R -
e-zon1ng
,Prop., 169-171 Loch
Lomond Road
'Loch Lomond Villa
"Plan. Advisory Com.
'Olsen's General Stor
'Prop.,1233 Loch
Lomond Rd.
\
Agreements
'Plan. Advis. Com.
'Bonds
Development of
properties
\Policy
'Fundy Cablevision Lt
\Re-zoning
'Prop., Waterloo St.
'Plan. Advis. Comm.
'Interim Urban Trans.
Com.
Purchase of parts
and equipment
'City Transit Ltd.
Parrtown Taverns Limited under resolution of May 29th, 1978 at a total compensation figure of $255,000.00
free and clear of all encumbrances and permitted the said owners to remain in occupation until May 15th,
1979 - due to the fact that the schedule for the development of this site has been somewhat revised and
the Partnership is agreeable to entering into a rental agreement with Parrtown Taverns Limited allowing .
them to continue in occupancy at a rental figure of $1,800.00 per month on a yearly lease containing the
provisions for termination by either party on a one-month notice and with the occupant being responsible
for all expenses such as heating, lights, taxes, maintena~ce and insurance, et cetera -- the Common
Council grant authorization for the Mayor and Common Clerk to execute on behalf of the City of Saint John
a lease with Parrtown Taverns Limited for the premises known as 32 Water Street, with the lease to be a
yearly lease containing the provisions for termination by either party on a one-month notice, at a rental
figure of $1,800.00 per month with the occupant also being responsible for all expenses such as heating,
lights, taxes, maintenance, insurance, et cetera.
11th June, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
C h air man.
-On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that section 1 of the above report be adopted.
Councillor Clark voted "nay" to the above resolution.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee
advising that on May 23rd, 1978 Council re-zoned the properties at 169-171 Loch Lomond Road so as to
allow a proposed extension of the Loch Lomond Villa project, which re-zoning was to "RM-2" High Rise
Multiple Residential which was the same zoning as that for the existing project and so far Loch Lomond
Villa Incorporated has not applied for a building permit for the extension, however, in the meantime the
Zoning By-Law has been altered so that projects of this type would be placed under "IL-l" Neighbourhood
Institutional zoning and would no longer be permitted in "RM-2" High Rise Multiple Residential zones, and
the mapping necessary to change the existing zoning for this and the many other institutional uses in the
City thus affected has never been carried out due to the lack of staff and other work loads but will be
dealt with when occasion permits or requires, and further advising that having regard to the fact that
Loch Lomond ,Villa Incorporated applied for the re-zoning for its proposed extension last year, that
Councilc~nacted the re-zoning and that the Zoning By-Law now requires a different zoning classification
from that required last year, the Committee recommends that the whole of the Loch Lomond Villa Incor-
porated lands as shown on the attached print be re-zoned from "RM-2" High Rise Multiple Residential to
"IL-l" Neighbourhood Institutional, without formal application from Loch Lomond Villa Incorporated and
additional fees, which will allow the proposed extension to go ahead without additional costs or delays
caused by or required by City Hall -- be received and filed and the recommendation adopted and authority
be granted to proceed to advertise the proposed re-zoning.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee 'with
regard to the proposal of Olsen's General Store Ltd. to expand its premises at 1233 Loch Lomond Road,
advising that it is the Committee's recommendation that the existing development agreement between the
applicant and the City be amended to provide for the proposed expansion, subject to the inclusion of a
site plan to be approved by the Planning Branch, setting out landscaping, curbing, paved parking areas,
etc., be received and filed and the recommendation adopted.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the matter of the posting of bonds to ensure that
development of properties is carried out in accordance with submitted proposals, being required as a
policy by the City, be referred to the City Manager for a report.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application from Fundy Cablevision Ltd. for re-zoning of property located on the north side
of Waterloo Street between Paddock and Cliff Streets, advising that of the seventeen replies received in
response to the notification of the application, two were in opposition and fifteen either were in
support or expressed no objection; that the Committee also understands that the Traffic Engineer reviewed
the proposal and is of the opinion that future street improvements will not be affected by the proposal;
and further advising that it was the decision of the Committee to adopt the following recommendations
contained in the submitted report of the Planning Branch, namely: (1) the Zoning By-Law be amended to
allow a "cablevision facility and related service operations" as a conditional use in the "B-2" General
Business Zone; and (2) that the variance in rear yard be granted and approval be given for the use of
this site by Fundy Cablevision Ltd. subject to an agreement under Section 101 of the Act to ensure
development in accordance with the proposed site and landscape plan, and further recommending that the
proposal be advertised -- be received and filed and the recommendations adopted.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Interim Urban Transportation
Committee, Council authorize the purchase of spare parts and equipment for $54,500.00 from City Transit
Ltd.
I
1/
.
.
.
I
1-
.
....
I"'"
23
.'HiSt. Sites &
Events Corn.
, Partridge
Island
I
.
'Master Plumbers
Examining Bd.
"Terry ,Mudge
.
'-Utilities
'Church Ave.
Overpass
\ Westmorland Rd.
'Traffic problem
'McAllister Dr.
'Coun. M. Vincen
/1
- Parking lot
. Lord Beaverbroo
Rink
.
~Lord Beaverbroo
Rink Committee
I
'- Parking regul-
ations
I
ILord Beaverbroo
Rink
\Coun. M. Vincen
.'Ball fields
Forest Hill s
, .
recreat10n ar
...
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Historic Sites and Events Committee
regarding the development of Partridge Island, advising that in a co-ordinated development with the assistance
and co-operation of the Federal and Provincial Governments, Partridge Island should be a valuable economic
historical asset to the City and Province, however, before any further planning of concepts and preliminary
investigations are undertaken the Committee is of the view that Council should give an "indication of interest"
in the development of Partridge Island and when the Committee receives such an indication it will be pleased
to work with such City staff as may become involved with this objective of making further investigation and
study of the feasibility and estimates of costs, timing and how the proposal could come to fruition -- be
received and filed and the Council go on record as expressing its interest in seeing Partridge Island devel-
opment as a tourist attraction and that the Historic Sites and Events Committee be asked to continue its study
as to the feasibility of the project, funding, and assistance available from Provincial and Federal sources.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table pending further
discussions between the Common Council, through its designated representatives, and representatives of the
Provincial and Federal Governments in this regard.
Question being taken, the tabling motion was carried.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Master Plumbers Examining Board,
advising that Mr. Terry Mudge, 144 Asied Street, Saint John East, has successfully passed his recent exam-
ination for a Master Plumbers license, and the Board recommends that his application be approved and a 1979
Master Plumbers License be issued,to him, be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the City Manager be requested to submit to Council
within two weeks a list of those utilities necessary to be moved to make way for the construction of the
Church Avenue over-pass.
Read a letter from Councillor M. Vincent advising that at a recent meeting of Council he moved a
resolution that due to the condition of Westmorland Road relating to the road condition itself, ditching,
traffic lights and traffic lanes, street lights and sidewalk, from the area of St. Joseph's Cemetery to the
McAllister Drive intersection, that where monies had been appropriated in the capital budget for that work
that every effort be made to commence these improvements as soon as possible, and further advising that he
would appreciate being advised by the City Manager or Commissioner of Engineering and Works the timing or
scheduling for this work as he recently noticed survey crews on the Road.
Mr. Gabriel outlined in detail for the Council members the work presently being carried out and that
to be undertaken under the capital programme regarding Westmorland Road. Councillor M. Vincent asked that
staff check the lanes presently being marked on Westmorland Road near the intersection of McAllister Drive as
he questions whether they will in fact facilitate the flow of traffic as they are presently being laid out.
Regarding the matter of fencing or support structures that are required for the ditching area on Westmorland
Road, Mr. Gabriel noted that Council had previously requested a report in this regard, which is presently
being prepared. He further stated he would hope such report would include plans for the long-range improvements
to Westmorland Road, including street lighting and other safety measures.
Read a letter from Councillor M. Vincent advising that it has been brought to his attention by a
number of people, as well as'a visit he made to the parking lot behind the Lord Beaverbrook Rink, that cement
or concrete designs have been placed within the parking area and that in discussions with Mr. Nicolle he has
been advised that only eight parking spaces have been lost as a result of this interior layout design. The
letter states that he is concerned about this matter because a number of people who use the Lord Beaverbrook
Rink as spectators at major or larger sports functions have found themselves receiving parking tickets as a
result of being forced to park their cars on City streets due to the parking area behind the Rink being either
filled to capacity or difficulties arising in entering the parking lot, perhaps due to the uncontrolled
parking itself.
Councillor Elliot, Chairman of the Lord Beaverbrook Rink Management Committee, advised that between
8 and 12 parking spaces will be lost as a result of the barriers referred to by Councillor-M. Vincent, however,
it is anticipated that the design of the parking lot will provide for more orderly and controlled parking in
the area.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the City Manager and Chief of Police be requested to
examine the feasibility of having a certain area on Main Street near the Lord Beaverbrook Rink, where parking
is prohibited, designated for special occasion parking during major functions at the Lord Beaverbrook Rink.
Councillor Murphy proposed a motion that in view of the fact that the City picks up any deficit in
the operation of the Lord Beaverbrook Rink and does not qualify for a grant from the Provincial Government as
the Rink is not City-owned, that the City Manager look into the feasibility of the City taking over ownership
of the Rink, and advise Council what steps would be required to accomplish such ownership.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above suggestion of Councillor Murphy be considered in
legal session so that he may be apprised of the reasons why such a proposal is inadvisable.
Read a letter from Councillor M. Vincent advising that he has received a number of complaints about
the condition ,of the ball fields in the eastern area of the city and, in particular, the Simonds Lions field
and the new ball field'in the Forest Hills recreation development area, and noting that the Simonds Lions
field in particular has a mud condition that when there is inclement weather, it is practically impossible to
aenter the area as a player or spectator without wading through mud, and the Forest Hills facility re~uires
additional work to make it playable for the younger children who use this facility. Councillor M. Vincent
stated that he fully realizes at this time of the year the Recreation and Parks staff is plagued with requests
to put ball fields in proper playing condition, and he knows that in most cases every effort is made to do
24
"IIIIl
,
East Suburban Little
League
\
Ball fields
'Councillor Pye
"Alma Hamil ton
,Prop., Jones Drive
'McKnight property
'E. MaIm
,
Marsh Creek Flood
Damage Reduction
Agreement
'Councillor Pye
"Lime ki In
,Prop:, Pokiok Rd.
Snowflake Lime Ltd.
'Demolitions
'D. A. Northrup
\Monte Cristo Park
Subdivision
this, however, as the result of the complaints received and his personal observation of the two fields
in question, he feels they require additional work. He further stated that he would ask Mr. Nicolle to
have his'people look at these ball fields and try to correct the conditions referred to by him.
Councillor Wayne stated that she was approached by representatives of the East Suburban Little
Legaue and she stated that she was shocked at the condition of these ball fields when she visited them
today, compared to those available in the western section of the City. Councillor Wayne submitted a
letter from the said Little League to Council which requests that improvements be made in the playing
field at Lions Field so that there will be access to the field other than crossing the field; that the
safety of the players is of concern as the field has not been rolled and the dips and clumps of grass
are hazardous to the runners; that the matter of glass is always a problem at any field but theirs seems
to be a haven for broken bottles; and that the grass in the outfield should be mowed.
At this time Mr. Nicolle verbally reported in detail on the maintenance and improvements to
the ball fields in the eastern section of the City, and the monies allotted in the capital budget for
such improvements.
Councillor M. Vincent stated that he was disappointed to see the capital budget for improve-
ments to the Forest Hills park reduced from $80,000.00 to $25,000.00, as referred to at this meeting by
Councillor Wayne.
During further discussion, Councillor Wayne noted that a meeting is to be held on Wednesday of
this week between representatives of the East Suburban Little League and Mr. Nicolle on this subject.
On motion of Councillor MacCallum
Seconded by Councillor Murphy
RESOLVED that the above matter be deferred pending a meeting to
be held this week between Mr. Nicolle and representatives of the East Suburban Little League, following
which,'Mr. Nicolle be requested to submit to Council recommendations for the needed improvements to the
ball fields in East Saint John.
Councillor Pye referred to the matter of the course of a ditch above the junction of Jones
Drive and McKnight roadway, which is causing a portion of the property of Miss Alma Hamilton to be
occasionally inundated with water and causing contamination of the drinking water. He advised that
during the course of establishing a roadway in this area to facilitate the construction of a holding
pond in the area in relation to the flooding of Glen Falls, the course of this ditch, which previously
emptied into the McKnight property, was altered so that it is now causing problems to the property of
Miss Hamilton.
Councillor Pye proposed a motion, which was seconded by Councillor Elliot, that the City
Manager be requested to instruct staff to change the direction of the ditch situated at the junction of
Jones Drive and McKnight roadway, to its original course.
Councillor Wayne stated that she was contacted by Miss Hamilton and her neighbour regarding
this problem and that she directed them to our engineering staff, and that it was her understanding that
Mr. S. Armstrong had been out to Jones Drive on many occasions and has met with Miss Hamilton and Miss
Malm and that she understood that if there was a problem it would be corrected. She asked Mr. Gabriel
if there has been a problem created by the pit that was dug in order to get the clay out for the required
dam.
Mr. Gabriel advised that partially there was a problem created by the pit and in addition,
there was a problem existing prior to the pit, however, Mr. Armstrong has been in the area on several
occasions and has prepared a programme which was submitted to the Marsh Creek Storm Damage Reduction
Agreement, which programme was recently approved, which involves the replacement of an existing storm
system which is designed to correct the drainage problem referred to by Councillor Pye - this work is
valued at:approximately $10,000.00 and the work should be started within this present month. Mr.
Gabriel further advised that there is also some other reinstatement work required at the pit that the
contractor will be carrying out and the City will be putting in material to stabilize the pit bed.
In view of the above information, Councillor Pye, with the consent of the seconder, withdrew
his proposed motion.
On motion of Councillor Pye
Seconded by Councillor Wayne
RESOLVED that the information as given at this Council meeting by
Mr. Gabriel be forwarded by the City Manager to Miss Hamilton.
On motion of Councillor Pye
.
I:
I
.
I
.
Seconded by Councillor Murphy I
RESOLVED that the City Manager be requested to instruct the
Commissioner of Engineering and Works to immediately remove the deposits of crushed stone, gravel, etc.
from the property of Miss Alma Hamilton on Jones Drive, and to backhoe the trench located between the
fence on Miss Hamilton's property and the western border of Jones Drive, thereby restoring the said
trench to its former useful purpose.
Mr. Gabriel stated that he would imagine that the work previously outlined by him would
include all of the concerns raised by Councillor Pye, however, if they are not included he will report
to Council further in this regard.
Councillor Pye noted that approximately three months ago he spoke with the City Manager
regarding the lime kiln burners on Pokiok Road, owned by Snowflake Lime Ltd. The City Manager stated
that he advised Councillor Pye at that time that these burners were to be demolished, and he will
ascertain why such demolition has not taken place to date.
On motion of Councillor MacCallum
Seconded by Councillor Gould
RESOLVED that the matter of demolition of the lime kiln burners on
Pokiok Road, owned by Snowflake Lime Ltd;, be referred to the City Manager for a report and recommenda-
tion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. D. A. Northrup advising that as
1
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~
,...
,. .~, w
25
.
"Paul Mooney
~Prop., Queen
\ Fencing
.1
, Malcolm Black
'Theatre N.B.
I 'Grant: Com-
m1ttee
.
I 'Board of School
Trustees
'Police,' V,ept.
,S,' J. Youth
,'proj ect:"
.
'Grants
'R.C.R. Assoc.
'Tom Joordens
I 'Union, Local
771
'residency
'Condition of
employment
I:
'Susan Wills
'A.N.E. Horse
Show
, Grants
,
. Jean Stevens
'Petition
... Pleasant City
Street
lIo..
owner of Monte Cristo Park Subdivision he has been restricted in the past and has been unable to develop his
land, and enclosing a copy of a letter from the Deputy Minister of Transportation, Mr. G. D. Reeleder to the
Commissioner of Community Planning and Development regarding the revised conceptual plan for intersections
involving Routes 1, 7 and 100; and further advising that he requests a letter from the City giving him back the
right to his land so that he may develop same, be referred to the City Manager for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Paul Mooney, 112 Queen Street, re-
S .questing that the City-owned property located to the east side of his property, which is presently being used
by a car lot to conduct their business, be fenced in order that his property can be afforded the privacy it had
before the City acquired the previously mentioned properties, be referred to the City Manager for a report and
recommendation.
(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Malcolm Black, Managing Director of
Theatre New Brunswick, making application to the City for a contribution to Theatre New Brunswick, be referred
to the Grants Committee.
Councillor Knibb stated that while he is sure we all appreciate what Theatre New Brunswick does in
providing us with good theatre, he does think that Mr. Malcolm Black has a "bit of a nerve" in asking this City
to support him financially. Councillor Knibb noted that Theatre New Brunswick performs in Saint John at no
cost through an arrangement with the School Board (which presentations are well-received in our City) and the
group receives a very large grant from the Canada Council, and also receives a subsidy from the Beaverbrook
Fo~bdatio~ to operate the Playhouse in Fredericton.
Question being taken, the motion was lost with Councillors Gould, Murphy, Pye and Wayne voting
and the Mayor and Councillors Clark, Elliot, Green, Knibb and MacCallum voting "nay".
" "
yea
On motion of Councillor Knibb
Seconded by Councillor Elliot
RESOLVED that the request of Theatre New Brunswick for financial assis-
tance be denied and the Council express to the said group its appreciation for the good theatre they provide
and assure them of the continued support of such presentations by its patrons.
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mrs. Claire L. Correia, Assistant Super-,
intendent, Special Services, Board of School Trustees, School District Number 20, advising that the following
resolution was adopted at a workshop held on May 29th, 1979 for approximately 100 professionals who are daily
concerned with the welfare of juveniles in the City of Saint John, namely: BE IT RESOLVED that those here
present go on record as acknowledging and firmly endorsing the work done by members of the Youth Division of
the Saint John Police Department on behalf of Saint John youth, and in assisting those dedicated to similar
aims, and BE IT FURTHER RESOLVED that this group, here assembled, advise all responsible offices that we deem
it essential that the existing service be maintained and request that the service be expanded as soon as is
feasibly possible.", and requesting Council's support of this resolution, be received and filed and the Council
express its interest in maintaining and if possible expanding the services referred to, and that the continued
support of the Federal Government, which has assisted in the establishment of this service, be investigated.
(Councillor M. Vincent re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Thom Joordens, Secretary, Sunbury-
Royale Branch, R.C.R. Association, advising that in past years cities and towns of New Brunswick were asked to
sponsor the R.C.R. Association by taking out ads in their yearly booklet "The Connecting File", and asking that
the Council look with favour upon their request to support the military in our Province, be referred to the
Grants Committee.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the letter from the Saint John Fire Fighters' Association,
Local Union No. 771, advising that the said Local has adopted a position of opposition to the City of Saint
John in regard to the proposed residency clause now being presented to C.D.P.E. Locals 18, 486 and 61 and it is
the Union's contention that a residency clause is restrictive, discriminatory, and unfair to the employees of
the City of Saint John, and therefore the said Local is fully in concurrence with the position adopted by
Locals 486, 18 and 61, be received and filed.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the letter from Susan Wills, Show Secretary, Atlantic
National Exhibition Horse Show, advising that in past years the City of Saint John has supplied this horse show
with a donation of $300.00 in award monies and once again they are requesting Council's support to the Show
which is being held during Loyalist Days week, be referred to the Grants Committee.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the petition submitted by Mrs. Jean Stevens, 53 Pleasant
City Street, signed by resident~ of Pleasant City Street, Saint John East, and surrounding area, requesting
that Pleasant City Street be made a dead-end street at its intersection with Spruce Avenue, be referred to
staff for a report and recommendation.
26
"IIIl
\
R.E. & J.E. Friars
Ltd.
\re-zoning
:omunicon Co. Ltd.
... re- zoning
'Liquor Licenses
"Thruway Holdings Ltd
L E~G AL
SESSION
,
Municipal Develop-
ment Plan
Bridge & Hammond St
'J. Fred Williamson
Ltd.
'Thomas B. Drummie
'Woodlawn Park Subd.
'External Services
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from R. E. & J. E. Friars Limited
for re-zoning of property on Foster Thurston Drive to permit the said company to rent a portion of
their garage building to a proposed new company for use as a truck repair garage, be referred to the
Planning Advisory Committee for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the application from R. E. & J. E. Friars Limited
for a change in the proposed landscaping and plot plan regarding properties on Foster Thurston Drive
at Ashburn Lake Road, be referred to the Planning Advisory Committee for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the application from Comunicon Co. Ltd. for re-
zoning of property on Sandy Point Road at University Avenue to permit the construction of an office
building and fast-food restaurant, bank and pharmacy, be referred to the Planning Advisory Committee
for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board advising that the Board will hear the application of Thruway Holdings Ltd. for a special premises
(recreational) license for premises located at 735 Rothesay Avenue, and that the hearing will be held
at the hearing room in the Board's premises on the second floor at Prospect Place, 191 Prospect Street,
Fredericton, N. B., at 9.00 o'clock a.m. on June 8th next, be received and filed.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that this meeting continue, in legal session.
Councillors A. Vincent and Pye were absent from the meeting during legal session.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that with regard to the proposed amendment to the
Municipal Development Plan By-Law to redesignate the Williamson lot at the corner of Br~dge and
Hammond Streets on The Future Land Use Plan of the Plan (and the North End Neighbourhood Plan) from
its present Park and Open Space designation to Light Industrial, Council app~ove of the proposal of
the owner of the said property to permit the erection of a warehouse on the property.
Councillor Gould voted "nay" to the above motion. Councillor M. Vincent abstained from
voting on the motion, stating that he objects that this action is being taken in legal session.
The Common Clerk noted that the said proposed amendment will be placed on the agenda in open
session at the next regular Council meeting.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor submitting for
Council's information a copy of an opinion received from Mr. Thomas B. Drummie, Q.C. with respect to
the Woodlawn Park Subdivision External Services, as previously requested by Council, be received and
filed.
On motion
The meeting adjourned.
At?Jilnh~/
Common Cl rk. (/fl1//!T1
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the
eighteenth day of June, A. D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould; Green, Knibb, Landers, MacCallum,
Murphy, Pye, A. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, R. Park, Commissioner of Finance, D. Wilson,
Deputy Commissioner of Finance, M. Zides, Commissioner of Community Planning
and Development, J. C. MacKinnon, Commissioner of Engineering and Works,
J. Gabriel, Deputy Commissioner of Works, D. French, Director of Personnel
and Training, G. Soucy, Labour Relations and Safety Officer, J. Brownell,
Assistant Director of Recreation, S. Lodhi, Chief of Technical and
Inspection Services, D. Buck, Deputy Commissioner of Housing and Renewal
Services, F. Ross, Chief of Police, L. Ecker, Manager of Saint John Transit
and Ann Bawn, Acting Public Relations Manager
.
1
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1-
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27
.
, ,
Env1ronment
Corrunittee
I
'''Keep Our City
Clean"
1
, Capital
projects
'-Fire Stn.
'W. E. Kelly Lt
.
[1 ~. .c
" Loch Lomond Rd 2.
'E. J.. Ludford
Line Canst.
Ltd.
1
'Tender accepte
Rothesay Ave
"'watermain
'\Fairvale Canst
Ltd.
., Marsh Creek
Flood Damage
Reduction
Agreement
'Proctor & Red-
ferm Ltd.
1
'D. A. Northrup
'Monte Cristo
Park Subd.
1
.
lIo..
The meeting opened with a prayer which was invoked by the Reverend E. Lloyd Lake, pastor of All
Saints Anglican Church.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that minutes of the meeting of Common Council, held on June
11th last, be confirmed.
Councillor Wayne, a member of the City's Environment Committee, who organized for the Committee a
"Keep Our City Clean" poster and theme contest in the elementary schoois, at this time presented awards to the
contest winners, assisted by Councillor Gould. The following were the award winners in the three divisions of
the contest: Grades One and Two - Paul Steen, Ian Smith and Jennifer Henderson, all being Grade Two students
at Barnhill School; Grades Three and Four - Nicola Tipling Lepreau, Angela Galbraith and Roger Waycott, students
at Island View Heights School in Grade Three; Grades Five and Six - Darrell Morrow, Lana Fitzgerald and Jennifer
Allison, Grade Six students at Havelock School; and Heather Huestis, also a Grade Six student at Havelock
School, who won the prize for best poem. The students were each presented with a certificate and a nominal
cash prize, and were congratulated for theirs efforts by the Council members.
The Mayor and Councillor Wayne withdrew from the meeting. Deputy Mayor Elliot assumed the chair.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted for
payment of the following construction progress certificates in connection with the following named capital
projects:-
1.
Fire Station Number 2
Loch Lomond Road and McAllister Drive intersection
W. E. Kelly Ltd.
Construction
Total value of contract
Total work done, Estimate Number 6
Retention
J'l
"PaYments previously approved
Sum recommended for payment, Progress Estimate Number
dated June 6, 1979
$ 409,000.00
274,729.14
41,209.37
173,065.87
6,
$ 60,453.90
Loch Lomond Road
E. J. Ludford Line Construction Limited
Pipe work for storm sewer system
Total value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated June 13, 1979
$ 258,285.90
315,890.95
Nil
306,414.22
5,
$ 9,476.73
Councillor Landers voted "nay" to the above resolution.
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the contract for the
Rothesay Avenue watermain construction be awarded to the low tenderer, Fairvale Construction Limited, in the
amount of $82,018.00.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
the payment of the following invoice in connection with the Marsh Creek Flood Damage Reduction Agreement:-
for
1.
Proctor & Redfern Ltd.
Engineering services for design of Upper Glen Falls
Reservoir and other related services under the above
noted Agreement
Payments previously
Sum recommended for
$ 236,776.37
$ 10,080.01
approved
payment, Progress Estimate
Invoice 16944
Number 11,
The Mayor and Councillor Wayne re-entered the meeting, and the Mayor resumed the Chair.
Read a letter from the City Manager with regard to the letter from Mr. D. A. Northrup requesting a
letter from the City giving him back the right to his lands in the Monte Cristo Park Subdivision so that he
might develop them, advising that Mr. Northrup owns a large area of land in the vicinity of the Monte Cristo
Park Subdivision on the westerly, side of the Gault Road, which area has always been shown as the proposed
intersection of the Throughway, Highway Number 7 (Martinon By-Pass) and the northern expressway interchange.
The letter advises that the Province has purchased the necessary lands south of Manawagonish Road but did not
acquire Mr. Northrup1s land and because the interchange is shown as a de~inite proposal in the City's Municipal
Development Plan, Section 81 of the Community Planning Act, which prohibits development, became effective; last
year, Council gave a pretty strong indication that it was likely to eliminate the, northern expressway from
further planning considerations, however, there are legal procedures for it to do so, which have not been done.
The letter further advises that the Province indicated that it would be appropriate to release for development
some areas and to limit restrictions to those areas where the Province is able to proceed with land acquisition
and construction within the relatively near future - Mr. Northrup's land is not going to be purchased by the
Province, however, in order to release the restrictions, it will be necessary for Common Council to go through
the normal procedures to eliminate the northern expressway from the Municipal Development Plan, and presumably
this could happen when Council receives the soon expected report from FENCO on the eastern arterial, which is
really a form of continuation of the northern expressway at the other end where it was slated to meet the
Throughway in the general vicinity of somewhere between Ashburn Road and what would be the extension of McAllis-
ter~Drive. The letter states that if Council intends to eliminate the northern expressway, it should initiate
the procedure required by the Planning Act on public notice, referral to the Planning Advisory Committee, public
hearing, enactment of the amendatory by-law, etc.
28
"IIIIl
" D. A. Northrup
'Monte Cristo Par
Subd.
J
, Police Dept
'police vehicle
'D. & J. Motors
Ltd.
'Police Dept.
'- Police vehicles
,tires
" Traffic By-Law
'.
:',
"
~~.
"
~
~f
,"t
\i
,
,).
...","
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the above letter from the City Manager be received
and filed and Mr. Northrup be advised that Council will be considering the necessary procedures to
eliminate the restriction on his land in the near future after it has received the report from its
consultant.
Discussion ensued regarding the report to be received from FENCO on the eastern arterial and
regarding the route of the proposed northern expressway. During the discussion, the Mayor noted that
the matter can be finalized by the Council, which will have to make a major decision on just what kind
of a northern expressway is to be agreed upon.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the
week and the City Manager be requested to report to Council
received in order that a reply can be given to Mr. Northrup
above matter be laid on the table for one
on when the consultants report will be
and any other property owners so affected.
Read a letter from the City Manager with regard to Council resolution of June 11th last which
tabled a recommendation for the purchase of a car for the Police Department from D. & J. Motors Ltd. at
a cost of $6,950.00 plus sales tax, and resolved that tenders be called, requesting clarification with
respect to this motion which had the effect of neither accepting nor rejecting the quotation while at
the same time resolving that bids be obtained by public tender. The letter notes that Council had asked,
in discussion on the recommendation, for information on the recovery from insurance on the burned
vehicle, and on the price paid for police cars in the recent tender called, and advising that the insur-
ance recovery on the burned car itself was $5,815.00, the original cost of the unit, a 1978 Chevrolet,
being $5,912.47 plus sales tax, and that the price paid for police cars in the recent tender call for
16 new Fords was $6,600.76, plus sales tax. With respect to the further direction in the tabling motion
to call for tenders, the letter notes that because of the lateness of the season no more cars can be
ordered in until the 1980 model units are in production and tenders could be called, but to get more
competition they would probably have to be on 1980 cars, with deliveries in September or October. The
letter advises that the Purchasing Agent did contact all local automobile dealers before the recommen-
dation was made to Council in an effort to obtain competitive bids, which is the objective in calling
for tenders, and requesting that the tabling motion be clarified.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that Common Council resolution of June 11th last
which tabled a recommendation of the City Manager regarding the purchase of a car for the Police Depart-
ment and requested that public tenders be called for this vehicle, be rescinded:
AND FURTHER that as previously recommended by the City Manager, authority be granted for the
purchase of a 1979 Chevrolet from D. & J. Motors Ltd. at a cost of $6,950.00 plus sales tax, to replace
a unit in the Police Department destroyed by fire earlier this year.
Councillor Landers expressed his opposition to the above resolution, stating that the Council
resolution of June 11th should have been carried out by staff. He stated he also takes exception to the
manner in which the local dealers were approached by staff to ascertain if such a vehicle was available,
noting that vehicles could have been'obtained by such dealers from other areas if the matter had gone to
public tender.
Question being taken, the motion was carried with Councillors Elliot and Landers voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the City Manager be requested to report to Council
on why the tires on Police vehicles are changed from steelbelted radials to polyester-belt tires follow-
ing the purchase of such vehicles.
Councillor Landers stated he would hope the City Manager's report would also take into consid-
eration the comments of the automobile industry regarding steel-belted radial tires.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973 and Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed
thereto.
Councillor Gould stated he would be voting against the motion mainly because citizens have
been parking in the areas for some time and he feels it would be wiser to have the parking on these
streets restricted during business hours only. Councillor Elliot stated that in speaking with staff in
our traffic department, he was advised that although it is common practice 'in other centres to have
exclusions as mentioned by Councillor Gould, it is not a practice in Saint John, and he too feels it
would be useful in certain areas.
Question being taken, the motion was carried with Councillors Gould, Green, Landers and
MacCallum voting "nay".
The by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in The City of
Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto", was read in
its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the City Manager be requested to investigate the
possibility of excluding certain areas from parking restrictions during the evening hours and on
weekends and holidays.
.
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....
,...
"
'29
.
, Municipal
Plan By-Law
Bridge &
Hammond Sts.
\ J. Fred Willi
son Ltd.
I
I
.
1
.
, Committee to
meet re
'waterfront
clean-up
I
1
, Committee
of the
Whole
.
... Stage One
,Theatre Co.
'Confedera-
tion Music
...... Grant
lIo..
Consideration was given to a'proposed amendment to the Municipal Plan
located at the corner of Bridge and Hammond Streets, to conform with the zoning
permit the construction of a warehouse by J. Fred Williamson Ltd.
By-Law regarding property
for the said property, to
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
(and the North End Neighbourhood Plan) to reclassify the Williamson lot, located at the corner of Bridge and
Hammond Streets from Park and Open Space to Light Industrial -- be read a first time.
During discussion of the above proposed Municipal Plan By-Law amendment, Councillor Pye stated he
cannot understand why anyone would support a conversion from Park to Industrial in view of the fact that the
construction of a warehouse on the site could present a fire hazard during the period of the spring freshet.
He noted that Central Mortgage and Housing Corporation is also opposed to these demands of the Wilson int~r-
ests. Councillor MacCallum stated that in viewing the site this date he noticed other buildings in the Bridge
Street area which are in a dilapidated condition and he questions why action has not heen taken by the Build-
ing Inspector with regard to these properties as well as the warehouse which was formerly located on the
property in question. Councillor Wayne stated that in speaking with Mr. Friafs of the North End Neighbourhood
group, she was left with the impression that the residents were not totally against the new building but they
would like to see terms and conditions attached to the amendment to have the waterfront property of the Wilson
interests. cleaned up. Regarding the matter of the derelict hulks in the water at this location, Mr. Zides
advised that this problem is largely a matter of jurisdiction, and he noted that such an area is not within
the City's jurisdiction. He further advised that on the proposed amendment being enacted, the ,property owners
will be eligible for a building permit for the property, provided the conditions of the Building and Zoning
By-Laws have been met. The Mayor suggested that the matter of jurisdiction regarding the structures in the
water should be referred to the City Manager and City Solicitor for a report. Councillor Elliot made the
suggestion that Council should appoint a committee to meet with the Wilson interests regarding the cleaning-up
of the waterfront area, and the Federal Government officials should be contacted to ascertain if the present
legislation could be amended as it is presently inadequate to deal with such problems. Councillor Knibb
stated he, too, would like to see a meeting arranged with the Wilson interests at the earliest possible time
regarding the matter under discussion. Councillors Green and Landers stated that while they agree with what
the neighbourhood group in this area is trying to do, they do not feel that having an industry in this area
will be harmful to the North End area. The Mayor noted that the Council members had been supplied last week
with a letter from Mr. Rick Moffi, Landscape Architect, in which he suggests that industries locating on the
waterfront should be related to the waterfront. Councillor Wayne noted that at the last Council meeting she
had asked that Council be supplied with information regarding the use proposed for the warehouse to be con-
structed on this site.
Question being taken, the motion was carried with Councillors Gould and Pye voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
.,' Flan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan (and the North End Neighbourhood Plan) to reclassify the Williamson lot, located at the corner of Bridge
and Hammond Streets from Park and Open Space to Light Industrial -- be read a second time.
Question being taken, the motion was carried with Councillors Gould and Pye voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the Mayor be empowered to appoint a committee to meet
withcthe;Wilson~interests, regarding the City's desire to have the waterfront area cleaned up,csuch com-
mittee;cto",reportotoJ,Council before third reading of the proposed Municipal Plan By-Law amendment is considered
by Council.
area of
delayed
Councillor Gould expressed the view that the matter of the hulks and other matter in the waterfront
this property has no relationship to the By-Law amendment, and therefore third reading should not be
for this purpose.
Councillors Clark, Gould, Pye and MacCallum voted "nay" to the above motion.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that no Council meeting be held on Tuesday, July 3rd, 1979.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
report s
Your Committee begs leave to report that it sat on Monday, June 11th, 1979, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, MacCallum, Pye, M. Vincent, Wayne and
Murphy, and your Committee begs to submit the following recommendations, namely:-
1. That the letter from Stage One Theatre Company requesting financial assistance towards the cost of
producing the musical entitled, "The Confederation Musical", from July 11th to 14th, 1979, inclusive, at the
Saint John High School auditorium, be received and filed and the Company be advised that the Council approves
wholeheartedly of the venture but feels that the required risk capital can be raised without recourse to
public funds.
30
""11III
S.J. Tours & Sight-
seeing Ltd.
Plan. Adv. Committee
JR. MacDonald
JR. Myers
Anthony's Cove Rd
~
James Anthony Estate
JLand Committee
'Henry H. Arsenault
'Easement
'Interim Urban Trans-
portation Committee
purchase of buses
,City Transit Ltd. .
_S.J. Transit Com.
bu's fares
/
\
Enforcement of laws
re Traffic Control
Pedestrian "
, Anti-littering
2.
Ci ty of
of this
then be
request
That the letters from Saint John Tours & Sightseeing Ltd., requesting an arrangement that the
Saint John subsidize half of the losses of this company at the end of the first year of operation
company's sightseeing operation in Saint John, up to a ceiling of $3,000.00, with the company to
responsible for the remaining half of the operating deficit, be received and filed and the
be denied.
18th June, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of ,Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the above report be received and filed and the
recommendations contained therein be adopted.
Read a letter from the Planning Advisory Committee advising that the Committee has granted
variances so that two proposed subdivision plans of Messrs. R. MacDonald and R. Myers on Anthony's Cove
Road could be approved, and that the question of subdivision development in this area has been considered
by the City at various times since about 1960. The letter notes that this community began as a summer
development and lots were leased on a long-term basis and as in other areas there have been many con-
versions into year-round dwellings - most of the lots are below the minimum size requirements as set down
in'the Zoning By-Law and the dwellings are serviced by individual wells and sewage disposal systems, and
the abutting portion of Anthony's Cove Road is private, narrow and does not meet minimum standards,
however, it is understood that it is maintained in part by the City. The letter further advises that
while attempts by the Planning Branch, the Committee and others have been made to develop an overall
subdivision plan and to up-grade the existing services in the area, such efforts have failed owing
largely to legal problems with the James Anthony Estate, nonetheless, individual residents have expressed
the wish to acquire freehold interests to the properties they are occupying and the Committee feels that
the residents of Anthony's Cove Road should have the opportunity to own the properties they are occupying
and that such ownership opportunities are in the public interest; and further, the Committee also recog-
nizes the existing situation and, from a practical standpoint, believes that the City will have to deal
with subdivision applications on an individual basis. The Committee recommends that since it is not
realistic to expect individual residents to up-grade the existing road to City standards nor expect that
a communal sewerage system will be installed, that each subdivision application be approved conditionally
upon the payment of $1,000.00 to the City for eventual improvements of Anthony's Cove Road which would
conform with the City's policy for improvement and assumption of private roads situated in the inner tax
zone, as approved by Common Council on August 23rd, 1976 and notes that existing private water and sewage
disposal services would also have to be improved to the satisfaction of the Department of Health, and
that Messrs. MacDonald and Myers have agreed to these stipulations. The letter notes that Messrs.
MacDonald and Myers have agreed to these stipulations and understand that their monetary contributions
will not obligate the City to proceed with improvements to Anthony's Cove Road at the present time, but
that such improvements are likely to be undertaken at some time in the future.
On motion of Councillor Green
.
1
1
.
Seconded by Councillor Murphy 1
RESOLVED that as recommended by the Planning Advisory Committee,
the City Solicitor be authorized to prepare and the Mayor and Common Clerk be authorized to execute
subdivision agreements with Messrs. R. MacDonald R. Myers providing for: (1) payment to the City of
$1,000.00 each as a contribution to improve Anthony's Cove Road; and (2) undertaking any improvements to
the on-site and water and sewerage facilities as required by the Department of Health.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the City of
Saint John grant an easement to Mr. Henry H. Arsenault for $1.00 for the encroachment of his property on
the right-of-way of Park Street Extension, as shown on the submitted plan, for the life of the building,
with Mr. Arsenault to bear all expenses incurred.
On motion of Councillor Clark
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Interim Urban Transpor-
tation Committee, Common Council authorize the purchase of five used transit coaches from City Transit
Ltd. at a total cost of $60,000.00.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the Saint John Transit Commission be requested to
study and report to Council on the matter of reduced bus fares for senior citizens.
On motion of Councillor Clark
Seconded by Councillor Murphy
RESOLVED that the City Manager be requested to institute a special
programme to enforce Provincial and Municipal laws regarding traffic control, pedestrian control and
anti-littering.
During discussion prior to adoption of the above motion, several Council members cited areas of
the City, such as near take-out establishments, beaches, and the uptown area, etc., where littering is a
problem.
Councillor Gould voted "nay" to the above motion, stating that he does not believe Council
should have to instruct staff to enforce by-laws which are already in existence.
(Councillor Gould withdrew from the meeting)
.
I
I
.
~
,...
:n
.
'-Delhi St
,City Road
I
I
.
1
.
're-zoning
'MacKnight
Motors Ltd.
1
1
re-zoning
conditions
.
...
On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that City staff be requested to examine the traffic
hazard existing at the junction of Delhi Street and City Road, and consider the feasilibility of erecting
a traffic sign reading "Right Turn Only" on Delhi Street at the said junction:
~ -'- .. '-'
~-:;VO'-, .:1 ~: _:
AND FURTHER that the installation of a traffic light on City Road at the junction of Delhi
Street be considered.
(Councillor A. Vincent entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, advising that certain traffic movements at streets intersecting
6i~"Road~and leadingatoaaccidentnsituationseandsstaffiproposes~the submitted amendments to the Traffic
By-Law which would prohibit left turns from City Road to Delhi Street and prohibit left turns from Meadow
Street to City Road, and recommending that the proposed amendments be referred to the Legal Department
for inclusion in the Traffic By-Law -- be received and filed and the recommendation adopted.
On motion
The meeting adjourned.
~~~l~
At a Common Council, held at the City Hall, in the City of ,Saint,cL9pn, on Monday, the twenty-fifth
, _ ., __ v _ _~. _', .
day of June, A. D. 1979, at 7.00 o'clock p.m.
present
G. Forbes Elliot, Esquire, Deputy Mayor, presiding in the absence of
Mayor Davis
Councillors Clark, Green, Knibb, Landers, MacCallum, Murphy, Pye,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City, Solicitor; R. Park, Commissioner of Finance, D. Wilson,
Deputy Commissioner of Finance, B. Belyea, Budget Officer, M. Winch, Deputy
Commissioner of Community Planning, J. C. MacKinnon, Commissioner of
Engineering and Works, C. E. Nicolle, Director of Recreation and Parks,
S. LOdhi', Chief of Technical and Inspection Services, F. Ross, Chief of
Police, M.Hanlon, Purchasing Agent, and L. Ecker, Manager of Saint
John Transit
Rabbi Benjamin G. Eisenberg offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of th~meT;ti'l!'; of C,ommon Council, held on June
18th last, be confirmed.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of the MacKnight Motors Ltd. property on Ashburn Road, comprising approximately 90 acres, by: (a)
amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan to designate the land as
Heavy Industrial instead of its current Low Density Residential designation, and (b) re-zoning the said land
from "Rf" Rural to "1-2" Heavy Industrial subject to appropriate terms and conditions to be imposed by Council
under Section 39 of the Community Planning Act, such changes to permit an automobile used parts and salvage
operation and the erection of a 26-foot square prefabricated steel building to house associated work equipment
and a work truck. He advised that a letter has been received from Mr. Eric L. Teed, Q.C., on behalf of Alma
D..,Hamilton, Evelyn Malm, Art and L. Fritz, J. and M. Kyle and Stan Trites, residents of Jones Drive, advising
that the said residents protest the proposed re-zoning as unnecessary as contrary to the concept of the
development plan of the City and detrimental to the use of their properties.
Read a letter from the Planning Advisory Committee advising that on May 14th, 1979 Common Council
considered a recommendation by the Committee not to approve an application by MacKnight Motors Ltd. to amend
the Development Plan and Zoning By-Law to permit industrial activities at the above-noted location and it was
Council's decision to advertise the proposal, subject to the imposition of appropriate terms and conditions.
The letter states that the Planning Advisory Committee affirms its previous recommendation to Common Council
that the MacKnight property should not be re-zoned, however, if the Council wishes to consider favourably the
application, it is recommended that such approval be on the following basis: That the amendment to Schedule 2-
A of the Municipal Development Plan from Low Density Residential to Heavy Industrial and to Schedule "A" of
the Zoning By-Law from "RF" Rural to "1-2" Heavy Industrial, be restricted to the westerly half of the Mac-
Knight property from Ashburn Road to a depth of about 150 feet subject to the owner entering into an agreement
with the City, pursuant to Section 39 of the Community Planning Act, providing for the following: (1) that the
cars and parts between Ashburn Road and the existing trailers be removed; (2) that no structure be located
closer to Ashburn Road than the presently existing trailers; (3). that an area for future buildings be set
aside northeast of the existing trailers and the proosed 26-foot by 26-foot prefab building; (4) that a screen
consisting of cedar trees not less than four feet in height be planted along the Ashburn Road frontage for a
distance of about 400 feet and along the west limit of the property to the rock escarpment, with all land-
scaping to be completed by the fall of 1980; (5) that a customer parking area be provided between the cedar
screening on Ashburn Road and the buildings; (6) that a storage area be established, taking advantage of the
topography and tree cover, which will not be visible from the Throughway and the residential area on Jones
Drive; (7) that all new deliveries of junked vehicles to the site be temporarily received in an area behind
the building and then moved to the approved storage area; (8) that the existing storage areas be phased out
within a period of two years; (9) that no access to the site be permitted off Jones Drive and MacKnight Motors
be required to use the Company's internal road system; (10) that a four foot high solid fence be erected
between Ashburn Road and the escarpment at a d'
1stance of about 400 feet from
the west limit of the property;
~nd (;1) that the agree~ent not be si"gned by the City (_and the emen~ments, to
' ~ ~ _ the ~vn~cip~l Pl~n ~nd Zoning By-
32
"IIIIl
Law not be approved) until the owner has deposited a performance bond in the amount of 5,000.00. The letter
states that while it may be that MacKnight Motors is not agreeable to all of these conditions, the Planning
Advisory Committee considers its suggested conditions to be necessary if the negative impact of the
automobile wrecking and salvage activities on the adjoining lands is to be minimized. .
~Eric L. Teed, Q.C. Mr. Teed was present at the meeting and outlined the opposition of the residents of Jones
Drive to the above proposed re-zoning, and was accompanied at the meeting by a number of the said
residents. In briefly reviewing the suggestions contained in the letter from the Planning Advisory
Committee, Mr. Teed stated that it would appear that these suggestions would alleviate the major problems
of the area residents, however, it is felt that any conditions should be contained in a contractual
agreement to be binding on the developer.
'Alden W. McKnight
Dangerous &. .
Dilapidated -'Bldg.L
, 214 Watson St
"John Baird
, Dangerous &
Dilapidate~ ,B,ldg.
-," ,
, <<'. -~ ..
_-_l--'~_:;:-"'"
" 691 Br~nswick Dr.
Mr. Alden W. MacKnight, President of MacKnight Motors Ltd., was present at the meeting and in
discussing his proposal with the Council members, stated that he would want to review the conditions as
suggested by the Planning Advisory Committee for the proposed re-zoning before he could advise Council
if he is prepared to carry out such conditions, as a condition of the proposed re-zoning and amendment.
1
(Councillor Murphy withdrew from the meeting)
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that. the recommendation of the Planning Advisory
Committee that the Council not approve the application by MacKnight Motors Ltd. to amend the Municipal
Development Plan and the Zoning By-Law, be adopted.
1
(Councillor A. Vincent entered the meeting during discussion of this item)
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the matter be laid on the table to enable both
Mr. Teed and Mr. MacKnight to study the proposed conditions as outlined in the above letter from the
Planning Advisory Committee. 4It
Councillors Clark and Landers voted "nay" to the above motion.
Notice had been sent to Joyce Curran in Trust to appear at this meeting to show cause, if
any, why the building located at 214 Watson Street should not be removed or destroyed as a dangerous or
dilapidated building. Mr. Lodhi referred to his report to Council and exhibited photographs of this
property. He stated that on May 14th, 1979 Council resolved that a previous recommendation with regard
to this property not be accepted and the matter of a start to rehabilitate the property as outlined at
the said Council meeting by Mr. John Baird, was left to his discretion, and he was to report back to
Council if he is not satisfied. Mr. Lodhi noted that a letter has been received from Mr. Baird, who
wished to acquire this property and rehabilitate it, advising that he is no longer interested in doing
so, and therefore, Mr. Lodhi recommends that the Common Council resolve, by virtue of the Saint John
Building Act 1925, to compel the owner to remove or destroy this building.
1
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that notice having been given to Joyce Curran in Trust,
being the owner, as appears by the records of the Registar of Deeds for the County of Saint John, of
the building located at civic number 214 Watson Street, in the City of Saint John, requesting that the
said owner appear before this meeting of the Common Council to show cause why the said building should
not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of
the Building Inspector; the Common Council hereby deems and declares the said building located at civic
number 214 Watson Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Joyce Curran in Trust is hereby required to remove
or destroy the said building situate at civic number 214 Watson Street, in the City of Saint John,
within ten days after receiving notice to do so by the Building Inspector:
.
AND BE IT FURTHER RESOLVED that upon failure of the said-Joyce Curran in Trust to remove or
destroy the said building situate at civic number 214 Watson Street, in the City of Saint John, in
compliance with the request of such notice, that the Building Inspector cause such work to be done and
the cost thereof recovered from the said Joyce Curran in Trust.
(Councillor A. Vincent withdrew from the meeting)
Notice had been sent to William R. Tippett in Trust, The Globe and Mail Limited and Her
Majesty the Queen, to appear at this meeting to show cause, if any, why the building located at 691
Brunswick Drive should not be removed or destroyed as a dangerous or dilapidated building. Mr. Lodhi
referred to his report to Council and exhibited photographs of this property. He stated that in his
opinion this two-storey wood frame ,building is beyond repair, is unsafe and a real fire hazard and that
he therefore recommends that the Common Council resolve, by virtue of the Saint John Building Act,
1925, to compel the owners to remove or destroy this building.
1
On motion of Councillor Wayne
Seconded by Councillor Knibb I
RESOLVED that notice having been given to William R. Tippett in
Trust; The Globe and Mail Limited, First Judgment Creditor; and Her Majesty the Queen, Second Judgment
Creditor, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint
John, of the building located at civic number 691 Brunswick Drive, in the City of Saint John, requesting
that the said owners appear before this meeting of the Common Council to show cause why the said building
should not be removed or destroyed as a dangerous or dilapidated building, and having considered the
report of the Building Inspector; the Common Council hereby deems and declares the said building located
at civic number 691 Brunswick Drive, in the said City, to be dilapidated and dangerous:
A1~D BE IT FURTHER RESOLVED that the said William R. Tippett in Trust, The Globe and Mail
Limited, and Her Majesty the Queen, are hereby required to remove or destroy the said building situate .
at civic number 691 Brunswick Drive, in the City of Saint John, within ten days after receiving notice
to do so by the Building Inspector:
....
,.
33
.
Dangerous &
Dilapidated
Bldg.
, 118 Bridge S
I
I
.
Dangerous &
Dilapidated
Bldg.
ll8St.
, James St.
I
'Willard H.
Mayes
.
1
1
~ Dick Parker
, Greater
S.J. Real
Estate Boar
'''Keep Saint
John Clean"
campaign
.
" Councillor
K. Gould
'-Finance Com.
"Financial
statements
"-
General Fund
" Water & Sewer
Utility
...
AND BE IT FURTHER RESOLVED that upon failure of the said William R. Tippett in Trust, The Globe and
Mail Limited, and Her Majesty the Queen, to remove or destroy the said building situate at civic number 691
Brunswick Drive, in the City of Saint John, in compliance with the request of such notice, that the Building
Inspector cause such work to be done and the cost thereof recovered from the said William R. Tippett in
Trust, The Globe and Mail Limited, and Her Majesty the Queen.
Notice had been sent to Austin L. Burke and Doreen O. Burke to appear at this meeting to show
cause, if any, why the building located at 118 Bridge Street should not be removed or destroyed as a dangerous
or dilapidated building. Mr. Lodhi referred to his report to Council and exhibited photographs of this
property. He stated that in his opinion this two-storey brick building has deteriorated very rapidly, and
the owners have no intentions of either rehabilitating or demolishing same, and that if no action is taken
immediately, it is felt that the building may be set on fire and could cause damage to adjacent properties.
He stated that he therefore recommends that the Common Council resolve, by virtue of the Saint John Building
Act, 1925, to compel the owners to remove or destroy this building.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that notice ,having been given to Austin L. Burke and
Doreen O. Burke, his wife, being the owners, as appears by the records of the Registrar of Deeds for the
County of Saint John, of the building located at civic number 118 Bridge Street, in the City of Saint John,
requesting that the said owners appear before this meeting of the Common Council to show cause Why the said
building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the
report of the Building Inspector; the Common Council hereby deems and declares the said building located at
civic number 118 Bridge Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Austin L. Burke and Doreen O. Burke are hereby required to
remove or destroy the said building situate at civic number 118 Bridge Street, in the City of Saint John,
within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Austin L. Burke and Doreen O. Burke to
remove or destroy the said building situate at civic number 118 Bridge Street, in the City of Saint John, in
compliance with the request of such notice, that the Building Inspector cause such work to be done and the
cost thereof recovered from the said Austin L. Burke and Doreen O. Burke.
At the request of Councillors Wayne and MacCallum, Mr. McDermott agreed to ascertain if the City is
using the above property, or an adjacent property, for the storage of materials.
(Councillor A. Vincent re-entered the meeting).
Notice had been sent to Elvin Dalton, Kenneth Dalton, William Dalton and Martha Dickson per Executor
(Montreal Trust Co.) to appear at this meeting to show cause, if any, why the building located at 118 St.
James Street should not be removed or destroyed as a dangerous or dilapidated building. Mr. Lodhi referred
to his report to Council and exhibited photographs of this property. He stated that in his opinion this
three-storey wood frame building is extremely dilpaidated and is in a dangerous condition and is also a
potential fire hazard, and he therefore recommends that the Common Council resolve, by virtue of the Saint
John Building Act, 1925, to compel the owners to remove or destroy this building.
Read a letter from Mr., Willard H. Mayes, owner of 114-116 St. James Street, whose property is
partly supported by the aforesaid building, stating that on legal advice he is advising the City that support
of his property has been in effect for approximately 50 years and this constitutes an easement of support and
the parties involved in the demolition of the dwelling at 118-120 St. James Street would be responsible for
his easement of support and any damage involved.
On motion of Councillor Wayne
Seconded by Councillor Pye
RESOLVED that notice having been given to Elvin Dalton, Kenneth Dalton,
William Dalton, and Martha Dickson per Executor (Montreal Trust Co.), being the owners, as appears by the
records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 118
St. James Street, in the City of Saint John, requesting that the said owners appear before this meeting of
the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or
dilapidated building, and having considered the report of the Building Inspector; the Common Council hereby'
deems and declares the said building located at civic number 118 St. James Street, in the said City, to be
dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Elvin Dalton, Kenneth Dalton, William Dalton, and Martha
Dickson per Executor (Montreal Trust Co.) are hereby required to remove or destroy the said building situate
at civic number 118 St. James Street, in the City of Saint John, within ten days after receiving notice to do
so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Elvin Dalton, Kenneth Dalton, William
Dalton, and Martha Dickson per Executor (Montreal Trust Co.) to remove or destroy the said building situate
at civic number 118 St. James Street , in the City of Saint John, in ccompliance'with the request of such
notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said
Elvin Dalton, Kenneth Dalton, William Dalton, and Martha Dickson per Executor (Montreal Trust Co.).
At this time Mr. Dick Parker, President of the Greater Saint John Real Estate Board Inc. made a
presentation regarding promotion of a "Keep Saint John Clean" campaign which the said Board has undertaken,
which will involve extensive messages through the local broadcast media and their members' advertising programs,
as well as participation in removal of litter by the Board members. Mr. Park stated that the Board would ask
for the Council's strong verbal endorsement of this campaign.
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that the Council endorse the promotion of a "Keep Saint John
Clean" campaign to be undertaken by the Greater Saint John Real Estate Board Inc. and offer its assistance in
such promotion, and that the members of the Board be congratulated for their efforts in this regard.
I
Read a letter from Councillor Kenneth R. Gould, Chairman of Council's Finance Committee, submitting
the financial statements of the City of Saint John General Fund and the City of Saint John Water and Sewerage
Utility for the year ended December 31, 1978. Also enclosed with the Committee's letter is a presentation on
the operating highlights for the year as prepared by the Finance Department, as well as the auditor1s report
prepared by H. R. Doane and Company on the said financial statements.
e
34
""IIIl
'Financial statement
'S.J. General Fund
~Water & Sewerage
Utili ty
"\H. R. Doane & Co.
'D. Hatfield, LTd.
'Stephen Const. Co.
Ltd.
'Palmer, O'Connell,
Leger, Turnbull &
Turnbull
"Chesley Place
"Legal Department
costs of outside
legal firms
'Insurance
'Stu Hurley Arena
water pressure
\Lakewood standpipe
'Tender accepted
'Que-Mar Const Ltd
~Tenders accepted
"'chain link fencing
'Shamrock Park
....Barnhill Field
'King Sq. West
,Seaside Park
,The Gillis Co. Ltd
"D.R.E.E.
'Bayside Dr.
'Murdock-Lingley Ltd
"N. B. Telephone Co
'Tender accepted
Marlin Court, Wood-
haven Drive, Domin
ion Park, Bell Man
Drive
'storm sewer
'Que-Mar Const Ltd
'\. non..:.fesident~ .,;
contractors
At this time Mr. Park gave a detailed explanation on the operating highlights of the said
financial statements and replied to various queries posed by the Council members. Representatives of
the firm of H. R. Doane and Company were also present at the meeting.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the financial statements of the City of Saint
John General Fund and Water and Sewerage Utility for the year ended December 31, 1978, and the auditor's
report thereon, be received and filed:
AND FURTHER that the firm of H. R. Doane and Company be commended for the excellence of the
auditor's report.
On motion of Councillor Green
Seconded by Councillor Pye
RESOLVED that
granted for payment of the following invoices:-
D. Hatfield, Ltd. - Works Dept.
Stephen Construction Company Limited - Works
as recommended by the City Manager, approval be
May 16-31, 1979
Dept. June 1-15, 1979
$ 26,437.47
$ 79,056.15
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that in accordance with the request of the City Manager,
approval be given for payment of the account from Palmer, O'Connell, Leger, Turnbull & Turnbull, in the
amount of $5,304.49, for professional services rendered in connection with the Quieting of Title for
Site I, Chesley Place, for the period September 28th to December 29th, 1978, the approval of the
Partnership for payment of the said account having been acknowledged.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that a complete report be supplied to Council on the
costs of the City's Legal Department annually during the two years of office of the present Common
Council, as well as the costs paid by the City during that period to outside IBgal firms.
Councillor Knibb voted "nay" to the above motion.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising that the
City is paying a heavy insurance premium for the Stu Hurley Arena as the arena has been assessed with
an unsprinklered system due to the lack of required water pressures, and in order to improve the water
pressure it was decided that the existing 12-inch D.I. abandoned watermain along the Loch Lomond Road
be activated by lining it with polyethylene pipe and be connected to the Lakewood standpipe, and
further advising that the project was approved by Council for the 1979 capital programme in the amount
of $80,000.00, consisting of $60,000.00 for lining and $20,000.00 for the connections to be made by the
City crews, and recommending that the contract for this work be awarded to Que-Mar Construction Ltd.
in the amount of $73,008.00, being the only tender received; that the Mayor and Common Clerk be authorized
to execute the contract; and that approval be given for the increase of $13,000.00 in the 1979 capital
budget for this project -- be received and filed and the recommendations adopted.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the contract
for chain link fencing at Shamrock Park, Barnhill Field, King Square West and Seaside Park, be awarded
to the low tenderer, The Gillis Company Limited, in the amount of $23,460.15.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoices in connection with the following projects that were
undertaken under the Department of Regional Economic Expansion programme:-
1. Bayside Drive Reconstruction and Extension
(a) Payments for property surveys to
Murdoch-Lingley Limited
Payments previously approved
~~" Sumcrecommended for payment, Progress Estimate Number
dated May 31, 1979
.
1
I
.
I
.
1
$ 29,306.73
30,
$ 1,932.00
$ 20,775.91 I
$ 1,640.71
(b) New Brunswick Telephone Company Limited
Payment for services
Payments previously'approved
Sum recommended for payment, Invoice #87334
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the contract for
Marliij1;Court;.Woodhaven~Drive"Donjinion::"Park_Bell Manor .Drive" 'storm sewers be awarded to the low tenderer,
Qne:CJljar;j~onstructi6n"LimHed';ein~the'"amount,eof $44",916.00. e.. e,..oc'. .~
r.,.r'
Mr. McDermott stated he will report to Council on the possibility of obtaining information
requested by Councillor M. Vincent with regard to contracts awarded by the City to outside contractors,
and the question of whether local labour is employed.
.
....
,...
35
.
'Tender accept
ed
'playground
equipment
'Henderson
Recreation
Equipment
I~
" Capital,
pll:ojects
...
Water comput
'W. H. Crandal
& Assoc.
I
'Broad Street
Playground
'Maritime Sod
Ltd.
.
'North End
Community
Centre
'Rocca Const.
Ltd.
I
'Revers ing 4.
Falls Touri
Bureau
'Disher Steen
Partnership
'Robertson Sq.
'Landtects Lt
'Dominion Par
Beach House
'- John Large
Arthitect
. Ltd.
'Petition
, Pleasant
City Street
1
1
'North End
Improvement
Corporat ion
'Chi ld Deveop
ment Day
Care Centre
'Min. of Educ
tion
.
~Forest Hills
ballfield
'East Suburb a
Little Lea-
.gue
....
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the contract for
playground equipment be awarded to (a) Henderson Recreation Equipment Limited, Norwich, Ontario, for item
CR 9001 in the amount of $5,932.00, and (b) Paris Playground Equipment Limited for items CR 9503, CR 6002,
CR 4502 and CR 4503 in the amount of $21,449.03.
On motion of Councillor Green
Seconded by Councillor Pye
RESOLVED that as recommended'by the City Manager, authority be granted
for payment of the following construction progress certificates and approved invoices for engineering and
architectural services in connection with the following named capital projects:-
1.
Water Computer Model
W. H. Crandall & Associates (Management) Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated June 12, 1979
$ 29,493.06
Nil
2.
Broad Street Playground
Maritime Sod Limited
Construction of park
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated June 20, 1979
$ 80,212.00
86,575.00
12,986.25
60,371. 25
$ 13,217.50
3.
North End Community Centre
Rocca Construction Limited
Construction of community centre
and child development centre
Total value of contract
Total work done, Estimate Number 8
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated June 20, 1979
$ 758,752.00
748,497.11
112,274.56
636,222.55
8,
$ 117,980.01
Reversing Falls Tourist Bureau
The Disher Steen Partnership
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated June 20, 1979
$ 3,999.78
$ 6,428.56
5.
Robertson Square
Landtects Limited
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated June 20, 1979
4,050.00
$
$
3,150.00
6.
Dominion Park Beach House
John Large Architect Limited
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 6,
dated June 20, 1979
$ 6,062.54
$ 693. 04
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works and Traffic Engineer, with respect to the request from residents of Pleasant City
Street that the said street be made a dead-end street, advising that the traffic engineering staff have
checked with the Police, Fire and operations departments and all agree that there would be no problem if
Pleasant City Street was blocked off on the south side of its intersection with Spruce Street; that this will'
create some inconvenience to residents of the neighbourhood and the City normally does not take this type of
measure, however, the majority of residents appear to agree that the situation warrants extreme action; and
recommending that the southern portion of Pleasant City Street be made a dead-end street at the south side of
the Spruce Street intersection be received and filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager and the Chief of
Rehabilitation Services, Housing and Renewal Services, recommending that Common Council authorize the execution
of the document assigning to the North End Improvement Corporation the responsibility of the operation of the
Child Development Day Care Centre located in the basement of the Lorne School, such agreement to provide that
all furnishings will remain the property of the City and that possession of the premises will return to the
City if the Minister of Education terminates the rights of the group pursuant to the original agreement, be
received and filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the report from the City Manager and Director of Recreation
and Parks, recommending that whereas there is a need for additional ballfields in our City, and particularly
in fast growing East Saint John, and whereas provision has been at the community park at Forest Hills for
such facilities, and whereas the East Suburban Little League have justification in requesting a quality
facility on City property for their programs, and whereas they are now prepared to assist materially in
making this a reality, that this proposed project be placed before Council for consideration, funding and
approval for implementation in 1979, in order that it will be available for use in 1980 -- be received and
filed and authority be granted to proceed .
w1th the said project as outlined.
36
"IIIIl
'police vehicles
,tires
'Tourist Bureau
Prince of Wales
Colton Brook Road
& MacKay Highway
'Land Conunittee
'Leonard Real Estate
LTd.
'Cedar Point Mobile
Home Park
S.J. Transit Conun.
'Kenneth Walls,
'Douglas Colwell
'Harry Gaunc.-e
" 'Lawrence Cosman
'George Evans
'Counc. George Clark
:\ Counc. Elsie Wayne
-'
',. 'V~sitor & Conventio
'Promotion Conun.
...Jean Porter
.i-.A.N.E.Horse Show
,." Grant
'Susan Wills
~i'- h
:; T om Joordens
'R.C.R. Assoc.
" Grant
.-
1',-'
"
.
.
o
~,
~:!: "
f
t,
(motion lost)
,
.
~
"'~I
~'Cedar Point Mobile
'j; Home
~ sale of lots to
:;< residents
..
,~
.....:1
\$<
?J'
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the reports submitted through the City Manager
with regard to the questions raised at Council's June 18th meeting in regard to radial versus polyester
belted tires for police cars, be received and filed.
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager advising
that it is essential for the development of the tourist trade in Saint John with the completion of the
Saint John Throughway which now allows tourists to funnel through the City without slowing down, that
the tourist attractions of Saint John be promoted much more aggressively on the highway approaches,
and with this objective he has been working with the Provincial Departments of Tourism and Transportation
to establish a tourist information centre on the west side of the City at Prince of Wales and on the
east side of the City at the intersection of Colton Brook Road and MacKay Highway; further advising
that approval has been received from the Planning Advisory Committee of the Village of Quispamsis for
the temporary location at Colton Brook Road, pending the establishment of a more permanent site in
the future; that the Department of Tourism is supplying "Tourism Information Centres" and will also be
involved in the staffing of the centres; and that the estimated cost of site preparation, services,
grading, landscaping signing, and staffing is $17,500.00 for each Centre, but this investment is
necessary to maintain the tourist flow to Saint John; and reconunending that Council approve the
construction of the Tourist Information Centres at an estimated cost of $17,500.00 for each centre
be received and filed and the recommendation adopted.
Read 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 begs leave to report that it sat on Monday, June 18th, 1979, when there were
present Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Landers, MacCallum, Pye, A. Vincent
and Wayne, and your Committee begs to submit the following recommendations, namely:-
1. That the proposal of Leonard Real Estate Ltd. for the purchase of approximately 32.39 acres
of land in Millidgeville, including the Cedar Point Mobile Home Park, in accordance with the conditions
negotiated by the Land Committee and outlined in a letter from the Committee to Common Council, dated
April lOth, 1979, be accepted.
2. That as recommended by the Nominating Committee the following appointments be made to the
Saint John Transit Commission for the terms noted:
Mr. Kenneth Walls - three years
Mr. Douglas Colwell - three years
Mr. Harry Gaunce - three years
Mr. Lawrence Cosman - two years
Mr. George Evans - two years
Councillor George Clark - one year
Councillor Elsie Wayne - one year
3. That as recommended by the Nominating Committee, Mrs. Jean Porter be appointed to the Visitor
and Convention Promotion Committee for a term to expire December 31, 1979.
4. That the letter from Susan Wills, Show Secretary, Atlantic National Exhibition Horse Show,
advising that in past years the City of Saint John has supplied this horse show with a donation of
$300.00 in award monies and once again they are requesting Council's support to the Show which is
being held during Loyalist Days week, be received and filed and the request be granted.
5. That the letter from Mr. Thom Joordens, Secretary, Sunbury-Royale Branch, R.C.R. Association,
advising that in past years cities and towns of New Brunswick were asked to sponsor the R.C.R. Association
by taking out ads in their yearly booklet "The Connecting File", and asking that the Council look with
favour upon their request to support the military in our Province, be received and filed and the
request be denied.
25th June, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 1 of the above named report be adopted.
Considerable discussion ensued regarding the proposal of Leonard Real Estate Ltd. to purchase
the property referred to, and with regard to the petitions received from the residents of the Cedar
Point Mobile Home Park opposing the sale of this property, and the possibility of offering the ,lots,in
the said Park for sale to the present tenants.
Question being taken, the motion was lost with Councillors Green, Knibb and Landers voting
"yea" and the Deputy Mayor and Councillors Clark, MacCallum, Pye, M. Vincent and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the City Manager take the necessary steps to enter
into an agreement so that the residents of the Cedar Point Mobile Home Park may purchase their land,
and that options be taken on all of the lots in the said Mobile Home Park within the next six months.
.'
.
I
I
.
1
.
I
1
.
~
,...
:. -..;-
i- ~ ,-,;
;"
37
.
I'
"Transporta~
tion Conun
'Interim Urba
Transpor-
tation Conun.
.
.
"Woodlawn Par
Subdiv. PIa
1
, Population,
decline
.
'Cherry Brook
Zoo
1
Entrance sig
.... re-zoning
I.
, ,
\
R.E. & J.E.
Friars Ltd
" Foster
Thurston Dr.
re-zoning
conditions
.
lIo..
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that section 2 of the above named report be adopted.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the Transportation Committee and the Interim Urban Trans-
portation Committee be disbanded, and the members be thanked for their services to the City.
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that section 3 of the above named report be adopted.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 4 of the above named report be adopted.
Councillor MacCallum voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 5 of the above named report be adopted.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to Phases 2 and 3 of the Woodlawn Park Subdivision, recommending (1) that Common Council assent to the
Subdivision Plan with respect to the streets as shown on the submitted photo-reduced plans; and (2) that the
lands for public purposes requirement be satisfied on a cash-in-lieu basis, with the developer contributing to
the City the sum of $880.00; and the copy of a letter to the City Manager from the Commissioner of Community
Planning and Development with regard to the same matter, which letter was distributed at this meeting of
Council, recommending (1) that the Mayor and Common Clerk be authorized to execute subdivision agreements with
David M. Lunney & Associates Ltd. and Garfield Lucas with respect to Woodlawn Park Subdivision, Phases 2 and
3; and (2) that approval be given for the reimbursement of $6,250.00 and $28,000.00 to the developer, which
represents cost-sharing costs for curbs in the Phase 2 and 3 subdivisions and that these expenditures be
charged to the 1979 Street Capital budget -- be laid on the table for two weeks.
Councillor Landers voted "nay" to the above motion.
Councillor Landers asked that the City Manager ascertain how long the above item has been under
consideration by City Hall staff.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee
advising that for a number of years the population of the City of Saint John has been declining while population
increases in most of the adjoining municipalities have been quite significant and at the last Committee
meeting, the Planning Branch staff indicated that a senior planning student had recently been engaged to
examine this situation with the objective of determining the real as well as perceived reasons for the City's
declining population and when the reasons have been documented, the City should be in a better position to
evaluate policies and programs that will enhance growth and development opportunities in the City, and further
advising that the Committee believes the study is most worthwhile and hopes that it will receive full support
of Common Council, be received and filed.
(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee
advising that at its last meeting the Committee considered a proposal by Cherry Brook Zoo to erect a sign at
the entrance to the Zoo and it was pointed out in a staff report that signs are not presently permitted in "p"
Park zones and recommended that an appropriate amendment to the Zoning By-Law should be enacted; further
advising that the Committee has given the Zoo temporary permission to erect a sign and also p~Fsed,a motion
recommending to Common Council that Section 220 of the Zoning By-Law be amended as follows: (,,) In a "p" zone,
for all permitted uses other than a dwelling, one non-illuminated, non-projecting sign, identifying the said
use shall be permitted adjacent or in proximity to each entrance subject to the following: (i) each face of a
sign oriented to a vehicular entrance shall not exceed an area of 25 square feet; (ii) each face of a sign
oriented to an entrance intended solely for pedestrians or bicycles shall not exceed an area of 10 square
feet; (b) A dwelling in a "p" zone shall be permitted any sign permitted in an "R" zone -- be received and
filed and authority be granted to proceed with the necessary advertising.
Read a letter from the Planning Advisory Committee with regard to the proposal by R. E. and J. E.
Friars Limited to establish a business office in an existing apartment dwelling located on Foster Thurston
Drive, and with further regard to the request that Council amend its conditions of approval relating to the
existing trucking operations so as to permit a truck repair shop to be known as "Throughway Truck Centre",
advising that the Committee is concerned that certain aspects of the development plan which was approved in
1972 including landscaping have not been carried out and that Mr. Peter Friars appeared before the Committee
and indicated that the volume of truck transport business carried on by the company precluded the implementation
of certain aspects of the earlier agreed upon site plan and he provided a revised site and development plan
including landscaping and stated that his company would immediately begin to carry out the plan if it was
acceptable to the City. The letter states that the Planning Advisory Committee recommends that the following
action be taken by Common Council: (a) that the existing resolution of Common Council pertaining to the "1-1"
zoning of the Friars property be amended to permit a truck repair facility and the parking of vehicles between
the brook and a landscaped parcel adjacent to the Ashburn Road; (b) that the northerly parcel (L.R.I.S. #52738)
38
"IIIIl
'R.E. & J.E. Friars
Ltd.
, Foster Thurston
Drive
're- zoning
'Watertower Road
'Spruce Lake Indus-
trial Park
Arthur B. & Verna
~ M. Shillington
'Shillington Subdiv.
'Agreement
~Clayton Barfoot
'Harbour Tavern Bldg
Cabaret
'-Land Committee
491-483 Bayside Dr.
'N.B. Electric Power
Commission
-.., .
_."
'Bayside Drive
Street widening
"Land Committee
'Cedar Point Trailer
Park
rent increase
be re-zoned from "RF" to "B-2" subject to a resolution of Council (pursuant to Section 39 of the Com-
munity Planning Act) restricting the use of the property to a business office and apartment units in
accordance with development plans submitted by R. E. and J. E. Friars Limited; and (c) that all land-
scaping be in accordance with the plans submitted by the owner. 4It
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Com-
mittee, Common Council resolution of August 21st, 1972 pertaining to the "1-1" zoning of the R. E. and
J. E. Friars Limited property on Foster Thurston Drive be amended to permit a truck repair facility and
the parking of vehicles between the brook and a landscaped parcel adjacent to the Ashburn Road, and that
all landscaping be in accordance with the plans submitted by the owner.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Com-
mittee, authority be granted to proceed with the necessary advertising with regard to the proposed re-
zoning of property on Foster Thurston Drive from "RF" to "B-2" subject to a resolution of Council,
pursuant to Section 39 of the Community Planning Act, restricting the use of the property to a business
office and apartment units in accordance with development plans submitted by R. E. and J. E. Friars
Limited.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council assent to the subdivision plan of the Province of New Brunswick with respect to the
extension of Watertower Road in the Spruce Lake Industrial Park.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee,
advising that the Committee considered the alternative means of satisfying the requirement for lands for
public purposes with regard to subdivision application from Arthur B. and Verna M. Shillington regarding
property on the south side of Hickey Road, and recommending that a strip of land approximately 40 feet in
width adjacent to Little River and comprising an area equivalent to 6% of the area of the subidivision,
as provided for in the Subdivision By-Law, be vested with the City as land for public purposes in the
Shillington Subdivision -- be received and filed and the recommendation adopted.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee,
the City Solicitor be authorized to prepare, and the Mayor and Common Clerk be authorized to execute, an
agreement with Mr. Clayton Barfoot regarding the establishment of a club (cabaret) on'the second floor of
the Harbour Tavern Building, King Street West, and the use of two lots on the opposite side of the street
for ,off-street parking, in accordance with the provisions as outlined by the Committee.
Councillor Landers questioned whether the City has the legal right to determine the seating
capacity of such establishments.
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that the above matter be
clarification and legal interpretation regarding the question raised at
of the City to determine the seating capacity of such establishments.
referred to the City Manager for
this meeting on the legal right
(Councillor M. Vincent re-entered the meeting)
On motion of Councillor Green
Seconded by Councillor Clark
RESOLVED that as recommended by the Land Committee, Common Council
resolution of August 26th, 1974 regarding the purchase of a two-family dwelling located at 491-493
Bayside Drive and 53,245 square feet of land, from the New Brunswick Electric Power Commission for the
negotiated price of $28,500.00, be rescinded:
Al~D FURTHER that authority be granted for payment of the sum of $28,500.00 to the New Brunswick
Electric Power Commission, plus interest at 5% from October 1, 1974 to June 30, 1979, in the amount of
$6,768.75, as full payment for the building plus approximately 19,494 square feet of land located on the
harbour side of the existing road required for the widening of Bayside Drive:
AND FURTHER that the letter from the Land Committee in this regard, advising that the original
recommendation did not correctly interpret the agreement which had been reached with the New Brunswick
Electric Power Commission, and since that time Bayside Drive has been relocated and the lands actually
required for the widening have changed, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the Land Committee, advising that
at its meeting held on June 13th last the Committee approved the annual increase in the rents of the
Cedar Point Trailer Park, in the amount of $5.50 per month effective August 1st, 1979, be received and
filed.
During discussion of the above matter, Mr. Barfoot advised that Council had previously approved
rent increases for the said mobile home park.
Councillors Landers, MacCallum and Wayne voted "nay" to the above motion.
'1
.
.
I.
.
1
1
.
~
,...
39
'Land Committe
.
'Medena Mae
Ryan
"Kelly Lake
Reservoir
':1'
~I
'Land Committ
,
Apex Indus-
tries Ltd.
Vulcan St.
'Bui I ding
Services Lt
'Apex Indus-
trial Suppl
Ltd.
,Apex Machine
Works Ltd
.
,I
'Land Commi tt
'Easement
'Civic Hydro
'Board's Head
Rd &
Millidge Av
'Land Committ
'Easement
'N.B.E.P.C.
Coleson Cove
'Hamil ton's
Canadian
Distillerie
Ltd.
.
'Land Committ e
'Jospi Dobrot
Belgrave St
I
, .
Land Comm1tt
"Civic Hydro
, Bayside Driv
1
, Petition
'Willie Ave.
paving
.
'Hugh M. Mc-
Lellan
'S.J. Tugboat
Co. Ltd.
'J. Fred
Williamson
Ltd.
'Robertson Sq.
lIo..
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee, advising that the City
requires the property owned by Medena Mae Ryan at Kelly Lake Reservoir as part of the flood control programme
for the Glen Falls area, and recommending that the said property be expropriated, be received and filed and the
recommendation adopted.
Councillor Landers questioned whether the above property is zoned properly 'to permit expropriation,
noting that the City was required to re-zone the forebay area before expropriation proceedings could be under-
taken.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table for further
information.
Councillor Knibb voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Land Committee, advising that by
resolution of April 9th, 1979 Council agreed to rent to Apex Industries Limited space at the Vulcan Street
property at a rent of $1,350.00 per month and to Building Services Ltd. space for $415.00 per month, and that
the adjoining building has now been demolished and the resultant spaces have become more clearly definied, and
that the Committee now recommends that Common Council's original resolution be rescinded and a new resolution
be adopted that space be leased to Apex Industrial Supply Limited at a rent of, $850.00 per month, and to Apex
Machine Works Limited for $700.00 per month, and to Building Services Ltd. for $415.00 per month, which rents
include heat, electricity, sprinkler protection and cleaning of the washrooms and common hall, such lease to be
for one year from June 1st, 1979, payable in advance, and to contain a clause allowing one year renewals at a
negotiated rent and cancellation at any time on three months' written notice -- be received and filed and the
recommendation adopted.
Mr. McDermott, at the request of Councillor MacCallum, agreed to obtain an estimate of the cost of
heat, electricity, etc. regarding the above premises for the next Council meeting.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be granted
for an easement to Civic Hydro on a piece of land, approximately 35 feet by 150 feet, adjacent to the northeast
limit of its property located at the corner of Boar's Head Road and Millidge Avenue, as shown on the submitted
plan, for the purpose of installing landscaping and fill to screen its substation site, for a nominal rent of
$1.00 per year.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the letter from the Land Committee advising that on December
19th, 1977 Council approved the granting of an easement to the New Brunswick Electric Power Commission for
41.53 acres of land at Coleson Cove for the sum of $27,098.33 plus interest at 5%, amounting to $5,645.50,
which was on the assumption that the City would buy the lands of Hamilton's Canadian Distilleries Ltd., over
which part of this easement passed, and further advising that Hamilton's Canadian Distilleries Ltd. has with-
drawn its.offer to sell to the City its lands at Spruce Lake, and the Committee now recommends that the said
Council resolution of December 19th, 1977 be rescinded and that a new resolution be adopted for the City to
grant to New Brunswick Electric Power Commission an easement covering some 38.65 acres at the rate of $600.00
per acre, for a total of $23,190.00, plus interest at 5%, calculated from July 1, 1973 to June 30, 1979, for a
total of $6,957.00 -- be received and filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, authority be granted
or the sale to Mr. Josip Dobrotic of one of the remaining City-owned lots located on Belgrave Street, and
identified as the lot nearest Park Street, for the appraised price of $8,000.00, plus all expenses involved,
and that the sale of such property be subject to the provision that if construction does not commence on the
said lot within one year from the date of conveyance to Mr. Dobrotic, the City has the option to purchase the
said lot for $8,000.00.
On motion of Councillor Green
Seconded by Councillor Wayne
e RESOLVED that as recommended by the Land Committee, authority be granted
for the conveyance of land on the west side of the relocated Bayside Drive, containing approximately 0.33 acres
as shown on the submitted plan, to Civic Hydro for the nominal sum of $1.00 for the use of its 69KV Substation.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the petition from residents of Willie Avenue requesting
that consideration be given by the Works Department in the very near future1to paving Willie Avenue, be
referred to staff for a report and recommendation to Council.'
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Hugh M. McLellan, solicitor for Saint
John Tugboat Co. Ltd. and J. Fred Williamson Ltd. requesting that before tae City proceeds with the proposed
work for Robertson Square, that the City not block or obstruct the present paved portions of Robertson Square
and the end of Main Street without complying with the Municipalities Act, Section 187, regarding street
closing by-laws, and to explain how the City can propose that his clients have access to their properties
over just narrow alleys when the City requires all developers to provide access to their properties over
66-foot wide streets -- be referred to the committee to be appointed by theMayor to meet with the Wilson
interests, as authorized by Council on June 18th last.
40
"IIIIl
"C. B. D. Corporation
semi-mall
'Germain Street
'Po Ii ce Dept
'Fire Dept
LEG A L
S E S S ION
"
City Solicitor
'Goal, fire
'Writs
'John Barry, Q.C.
'City Solicitor
'Atlantic Trowel
Trades Fair
'Governor General
Schreyer
'VIA Rail
"Kiwanis Steel Band
'Cherry Brook Zoo
'C.O.I.L.
- .; v.
Ori motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Saint John Central Business
Development Corporation requesting the City's approval for the creation of a temporary semi-mall on
Germain Street between King and Princess Streets, as shown on the submitted plan, from July 15th to
August 31st, be received and filed and the necessary approval be granted, subject to the necessary
arrangements being made with the Police and Fire Departments.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that this meeting continue, in legal session.
(Present at the legal session were Mayor Davis and Councillors Clark, Elliot, Green, Knibb,
Landers, Murphy, MacCallum, Pye, M. Vincent and Wayne)
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from the City Solicitor submitting copies
of Writs served on the City with regard to the fire in the detention area of City Hall on June 21st,
1977, advising that these Writs have been turned over to Mr. John Barry, Q.C., solicitor for the
City's insurers, who are undertaking to provide a full defense to the actions, be received and filed
and the Council be kept informed of proceedings in this regard,
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from the City Solicitor, submitting a
copy of his opinion to the Planning Advisory Committee, dated January 16th, 1979, which outlines the
relationship of the Urban Reneal area to the City's zoning regulations, be received and filed.
On motion
The meeting adjourned.
~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the ninth
day of July, A. D. 1979, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, MacCallum, Murphy,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, D. Wilson, Deputy Commissioner of Finance,
M. Winch, Deputy Commissioner of Community Planning, J. C. MacKinnon,
Commissioner of Engineering and Works, S. Lodhi, Chief of Technical and
Inspection Services, and Building Inspector, J. Brownell, Assistant Director
of Recreation, F. Ross, Chief of Police, D. French, Director of Personnel,
G. Soucy, Labour Relations Officer, and L. Ecker, Manager of Saint John
Transit
The meeting opened with a prayer which was invoked by the Reverend David Gray of St. James
Anglican Church.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council,
held on June 25th last, be confirmed.
The Mayor spoke on the success of the recent Atlantic Trowel Trades Fair held in the City
and the recent visit to the City of Governor General Schreyer and his family. He also noted that the
Federal Government has announced the awarding of a contract for the continued expansion of the port
facilities, that we have been advised that VIA Rail will be serving Saint John with through trains to
Montreal and Halifax and that one of the recommendations is that a new passenger station be built,
that the Kiwanis Steel Band recently returned from a very successful trip to Toronto where they were
well received, and that Premier Hatfield announced at the official opening of the Cherry Brook Zoo
that the Provincial Government would grant $100,000.00 towards improvements to the said Zoo site. He
further advised that Council has received a request from three Civic Unions to appear before Council,
and they have been invited to appear before Council at this meeting at 9 p.m.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the copy of the letter to the Mayor from Mr.
Donald J. Shea, President, Centers Offering Independent Lifestyles Inc., which was distributed to the
Council as an information item, be added to the Council agenda and considered later in the meeting.
.
.1'
I
.
I
.
-I
I
.
~
,...
__~.,__...;._~v .,'
~1
.
I
,Counc. A.
Vincent
'Atlantic
Trowel Trade
Fair
...Church Ave.
Overpass
-Canadian Tran -
portation
Commission
Union,
'Local 18
'Local 486
'Local 61
.
'Monica Green
.... Playgrounds
'Golden
Road
. '- Street
Grove
closin
'Street Clos in
By-Law
....Golden Grove
Road
.1
.
1
:,:;L::" ''''c.,>
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that the Council express its appreciation to Councillor A.
Vincent for his efforts on the successful Atlantic Trowel Trades Fair recently held in the City.
Regarding the proposed construction of the Church Avenue over-pass, The Mayor advised that he has
received a letter from the Canadian Transport Commission asking why some of the engineering drawings were
increased, and the matter has been referred to staff. The City Manager reported that this matter is being
reviewed by staff at the present time.
On motion of Councillor Elliot
Seconded by Councillor Pye
RESOLVED that as requested by the Presidents of Local 18, Local 486 and.
Local 61, they be heard in open session this date regarding the matter of residency resrictions, at approx-
imately 9 p.m.
Councillor M. Vincent voted "nay" to the above motion.
Present at the meeting were groups of children from the various City playgrounds on the occasion of
the official opening of these playgrounds for the summer months. Mrs. Monica Green, Playground Supervisor
for ,the 'City, advised that while the playgrounds have been in operation unofficialy for the past week but
the children are most anxious to have the playgrounds officially opened and to have the 1979 playground
programme officially recognized. Cathy Trueman and Jean-Pierre Richard, representatives of the children who
were present, at this time presented to Mayor Davis a scroll which grought greetings from the children of
the Saint John area to the Mayor and Common Council and which requested that the playgrounds be Officially
opened. The Mayor accepted the scroll and thereupon declared that the 1979 playground programme be officially
opened.
The Common Clerk stated that advertising was completed for closing a portion of Golden Grove Road,
as authorized by Council resolution of May 14th, 1979, which portion represents the encroachment of the
Three Mile Tavern on the Golden Grove Road. He stated that no written objections were received to the said
proposed closing. It was noted that no person was present to speak to the said proposed closure.
On motion of Councillor Landers
Seconded by Councllor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following portion of
highway:
"All that certain part or portion of the Golden Grove Road in the City of Saint John located on
the easterly side of the said Golden Grove Road approximately 180 feet ,from the intersection of the Golden
Grove Road and Rothesay Avenue, comprising of approximately 100 square feet."
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By~Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B; 1973", with respect to closing of the following portion of highway:
"All that certain part or portion of the Golden Grove Road in the City of Saint John located on
the easterly side of the said Golden Grove Road approximately 180 feet from the intersection of the Golden
Grove Road and Rothesay Avenue, comprising of approximately 100 square feet."
- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
Councillor A. Vincent asked that the City Manager note that Council has not received a report from
staff on the Golden Grove Road-Rotheay Avenue intersection as requested.
The Common Clerk advised that advertising was completed for the proposed amendment to the Zoning
"Fundy Cable- By-Law to add a cablevision facility and related service operations to the conditional uses presently permitted
.. Ltd in a "B-2" General Business zone, which would permit Fundy Cablevision Ltd. to transfer its operations from
VlSlon .
. Unlon Street to the north side of Waterloo Street between Paddock and Cliff Streets. He advised that a
're- zon1ng 1 tt h b' S k P S' .
P W t leer as een rece1ved from Mr. James tac , 39' addock treet, statlng that he has no object10n to Fundy
rop: a er 00 . . . . ( ,
'St t Cablevlslon Ltd. locatlng on Waterloo Street subject to the following condit10ns: 1) Snow is removed from
ree the site in the winter and is not ploughed into the alley near his house. (2) He feels the erection of a
chain link fence would devaluate his property and instead he would recommend that a hedge of trees be erected
'James Stack or a fence with greenery on the outside. (3) He would also require assurance that all the electronic equipment
used by the company would not distort his television reception. It was noted that no person was present to
speak either against or in favour of the said amendment.
._1
It was noted that by letter to Council dated June 6th, 1979, the Planning Advisory Committee had
'Plan Adv. Comm ecommended the proposed amendment to permit the relocation of the Fundy Cablevision Ltd. facilities, and
ad further recommended that the variance in the rear yard be granted and approval be given for the use of
his site by Fundy Cablevision Ltd. subject to an agreement under Section 101 of the Act to ensure development
'n accordance with the proposed site and landscape plan.
.
....
~2
"
'Zoning By- Law
're-zoning
'Fundy Cablevision
Ltd.
'PrOp: Waterloo St
'James Stack
'Chief of Police
'Prop: Bayside Drive
're- zoning
~nter Provincial
Helicopters Ltd.
,Zoning By-Law
'Prop: Bayside Drive
'-.:Jo'seph A.'. LiJ<ely
Ready Mixed Concre
\re-zoning
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the said by-law
by adding the following use to those conditional uses presently permitted in the "B-2" General Business
zone: "a cablevision facility and related service operations", be read a first time.
.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the
Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the
said by-law by adding the following use to those conditional uses presently permitted in the "B-2"
General Business zone: "a cablevision facility and related service operations", be read a second time.
1
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of,
Saint John and Amendments Thereto".
On motion of Councillor Elliot
.
Seconded by Councillor Murphy
RESOLVED that the above letter from Mr. James Stack, 39 Paddock
Street, be referred to staff for conveyance to Fundy Cablevision Ltd.
Councillor Landers asked that the Chief of Police ensure that the vehicles which presently
park on the site to be used by Fundy Cablevision Ltd. do not double-park or illegally park on the
already congested Waterloo Street.
The Common Clerk stated that the necessary advertising was completed regarding a proposed
amendment to the Zoning By-Law to (1) create a new zoning category (I-2a - Special Heavy Industrial) to
permit: (a) all uses now permitted in "1-2" Zones subject to meeting all prescribed regulations; and,
in addition (b) an establishment for the landing and take-off of helicopters including ancillary uses
such as repair activities, storage and offices; and (2) to re-zone a part of the Joseph A. Likely
(Ready Mixed Concrete) property fronting on Bayside Drive, from "1-2" Heavy Industrial to "I-2a" Heavy
Industrial district, to permit the establishment of a commercial helicopter operation by Inter Provincial
Helicopters Ltd., and that no written objections were received in this matter. It was noted that no
person was present to speak either against or in favour of the said amendment.
.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the By-Law to
create a new zoning category (I-2a - Special Heavy Industrial) to permit: (a) all uses now permitted in
"1-2", Zones subject to meeting all prescribed regulations; and in addition (b) an establishment for the
landing and take-off of helicopters including ancillary uses such as repair activities, storage and
offices, be read a first time.
--
1
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending the By-Law to
create a new zoning category (I-2a - Special Heavy Industrial) to permit: (a) all uses now permitted in
"1-2" Zones subject to meeting all prescribed regulations; and in addition (b) an establishment for the .
landing and take-off of helicopters including ancillary uses such as repair activities, storage and
offices, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the_Zoning
By~Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, rezoning a part of the Joseph A. Likely (Ready Mixed
Concrete) property fronting on Bayside Drive, beginning at a point formed by the intersection of the
northerly side line of Bayside Drive with the common line between the Joseph A. Likely property and
that presently held by Union Carbide of Canada Ltd. (Which is east of the Red Head Road) and proceeding
along the northerly sideline of Bayside Drive in a northwesterly direction approximately 600 feet,
thence turning northeasterly and running parallel to the aforementioned common line between Joseph A.
Likely and Union Carbide Canada Ltd., a distance of approximately 690 feet to the centerline of an
-existing or previously existing ditch, thence along the centerline of the said ditch to its inter-
section with the common line between the Joseph A. Likely Ltd. property and that of Union Carbide of
Canada Ltd., thence southwesterly along the said common line a distance of approximately 880 feet to
the place of beginning, from "1-2" Heavy Industrial district to "I-2a" Special Heavy Industrial district,
be read a first time.
~I
I~
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Murphy .
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, re-zoning a part of the Joseph A. Likely (Ready Mixed
Concrete) property fronting on Bayside Drive, beginning at a point formed by the intersection of the
.....
,...
.. ~.../,.~ -~_.,---..:...;.;;.~.,
~3
.
Zoning
By-Law
Bayside Drive
're~ zoning
'Inter Provin-
cial
Helicopters
Ltd.
I
(motion lost)
.
-
'Ellerdale St
're- zoning
Richard
,-Watters
.
- Zoning
By-Law
1
.
" Mr. Joshi
. re-zoning
I
169 & 171
loch Lomond
Rd
'Loch Lomond
Villa
,Zoning By-Law
I
.
....
northerly side line of Bayside Drive with the common line between the Joseph A. Likely property and that
presently held by Union Carbide of Canada Ltd. (Which is east of the Red Head Road) and proceeding along the
northerly sideline of Bayside Drive in a northwesterly direction approximately 600 feet, thence turning north-
easterly and running parallel to the aforementioned common line between Joseph A. Likely and Union Carbide
Canada Ltd., a distance of approximately 690 feet to the centerline of an existing or previously existing
ditch, thence along the centerline of the said ditch to its intersection with the common line between the
Joseph A. Likely Ltd. property and that of Union Carbide of Canada Ltd., thence southwesterly along the said
common line a distance of approximately 880 feet to the place of beginning, from "1-2". Heavy Industrial district
to "I-2a" Special Heavy Industrial district, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that an emergency be declared to exist with regard to the
above Zoning By-Law amendments, and that three readings be given to the said amendments at this meeting.
Question being taken, the motion was lost with Councillors Elliot, Gould, MacCallum, M. Vincent and
Wayne voting "nay", the unanimous vote of the Council members. present being required in such matters.
The Common Clerk stated that the necessary advertising was completed regarding the proposed re-
zoning of an area of approximately 450 square feet on the first, floor of the southeasterly corner of the high
rise building on the southeasterly side of Ellerdale Street, from "RM-2" High Rise Multiple Residential to "B-
1" Local Business district, to permit a small convenience store open to the general public, as requested by
Mr. Richard Watters, 'pursuant to an agreement with the City setting forth conditions regarding the size and
use of the area, parking, signage, etc. He advised that a letter has been received from Mr. Satyendra Joshi,
150 Westmorland Road, recalling that the same application was made originally by Mr. John Rocca in 1977 which
was refused by the City, and referring to his letter dated October 17th, 1977 to the Council, bringing to the
City's attention that the by-law states a variety store in an apartment complex must have an entry from with-
in, and stating that the request should once again be refused unless the by-law is followed to the letter. No
person was present to speak with regard to the proposed re-zoning.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning an area of approximately 450 square feet on the first floor of the
southeasterly corner of the high rise building on the southeasterly side of EllerdaleStreet immediately north
of the corner of Margaret Street (L.R.LS. Number 378695) from "RM-2" High Rise Multiple Residential to "B-1"
Local Business district, pursuant to an agreement with the City of Saint John setting forth conditions regarding
the size and use of the area, parking, signage, etc., be read a first time.
Read a first time the by-law entitled, "A Law to, Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and, Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning an area of approximately 450 square feet on the first floor of the
southeasterly corner of the high rise building on the southeasterly side of Ellerdale Street immediately north
of the corner of Margaret Street (L.R.LS. Number 378695) from "RM-2" High Rise Multiple Residential to "B-1"
Local Business district, pursuant to an agreement with the City of Saint John setting forth conditions regarding
the size and use of the area, parking, signage, etc, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Joshi be received and filed.
The Common Clerk stated that the necessary advertising was completed regarding the proposed re-
zoning of the existing Loch Lomond Villa site and the adjoining lots previously known as 169 and 171 Loch
Lomond Road, from "RM-2" High Rise Multiple Residential to "IL-l" Neighbourhood Institutional district, and
that no written objections have been received. It was noted that no person was present to speak either against
or in favour of the said re-zoning.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns,amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning the existing Loch Lomond Villa site and the adjoining lots to the west
now or previously known as 169 and 171 Loch Lomond Road from "RM-2" High Rise Multiple Residential to "IL-l"
Neighbourhood Institutional district, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending'Schedule "A" of the
Zoning Map of the City of Saint John, re-zoning the existing Loch Lomond Villa site and the adjoining lots to
the west nOw or previously known as 169 and 171 Loch Lomond Road, from "RM-2" High Rise Multiple Residential
to "IL-l" Neighbourhood Institutional district, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
~4
"
'S.J. Jaycees
'N.I.C.E. project
'Dangerous '&
D~lip~diated Btdgs.
" 35-37 Exmouth St
'City Solicitor
'Engineering &
Works Dept.
'Clean-up campaign
'Tender accepted
'Maritime Formless
Ltd
,concrete curb
'Tender accepted
'Pierreveille Fire
Tr.ucks Ltd
\ Fire truck
(motion lost),
At this time Mr. F. Terre Hunter, Past President of the Saint John Jaycees made a presentation
to Council with regard to their Canada Works Project which is entitled N.I.C.E. - Neighborhood Improvement
for a Clean Environment - which entails clean-ups of back yards in the West Side, Crescent Valley and
Eastern portions of the City. Mr. Hunter was accompanied at the meeting by Mr. Gregory Zed, Project
Chairman, and "Burny" who is the symbol of the N.I.C.E. project. Mr. Hunter advised that an extension
of the Canada Works grant has been approved and the project will employ approximately 20 people for
approximately thirteen weeks and that the basic purpose of the program is to make Saint John a cleaner
place in which to live, and also to instill on the residents some idea of how an area can be improved.
The Mayor and Council members commended the Jaycees for their efforts in this regard.
.
Notice had been sent to Charles J. Simon, owner; Esso Home Comfort Centre, First Judgement
Creditor; Canadian Acceptance Corp. Ltd., Second Judgement Creditor; Provincial Bank of Canada, Third
Judgement Creditor; Imperial Oil Limited, Fourth Judgement Creditor;.Lawton's Ltd., Fifth Judgement
Creditor; and Gulf Home Comfort, Sixth Judgement Creditor, to appear at this meeting to show cause,
if any, why the building located at 35-37 Exmouth Street should not be removed or destroyed as a
dangerous or dilapidated building. Mr. Lodhi referred to his report to Council and exhibited photographs
of this property. He stated that in his opinion this two and one-half storey wood frame building
has been abandoned by the owners and there seems no possibility of rehabilition and the building is
now extremely dilapidated and dangerous, being a potential fire hazard, and he would therefore
recommend that the said building be declared dangerous and dilapidated and the owners be compelled
to destroy or remove this building under the provisions of the 1925 Building Act. No person was
present with respect to the said property.
1
.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that notice having been given to Charles J. Simon,
owner; Esso Home Comfort Centre, First Judgement Creditor; Canadian Acceptance Corp. Ltd., Second
Judgement Creditor; Provincial Bank of Canada, Third Judgement Creditor; Imperial Oil Limited,
Fourth Judgement Creditor; Lawton's Ltd., Fifth Judgement Creditor; and Gulf Home Comfort, Sixth
Judgement Creditor, being the owners, as appears by the records of the Registrar of Deeds for the
County of Saint John, of the building located at civic number 35-37 Exmouth Street, in the City of
Saint John, requesting that the said owners appear before this meeting of the Common Council to show
cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, .
and having considered the report of the Building Inspector; the Common Council ,hereby. deems' and
declares the said building located at civic number 35-37 Exmouth Street, in the said City, to be
dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Charles J. Simon, Esso Home Comfort Centre, Canadian
Acceptance Corp. Ltd., Provincial Bank of Canada, Imperial Oil Limited, Lawton's Ltd., and Gulf Home
Comfort, are hereby required to remove or destroy the said building situate at civic number 35-37
Exmouth Street, in the City of Saint John, within ten days after receiving notice to do so by the Building
Inspector :.
AND BE IT FURTHER RESOLVED that upon failure of the said Charles J. Simon, Esso Home Comfort
Centre, Canadian Acceptance Corp. Ltd., Provincial Bank of Canada, Imperial Oil Limited, Lawton's, Ltd.,
and Gulf Home Comfort, to remove or destroy the said building situate at civic number 35-37 Exmouth 1-
Street, in the City of Saint John, in compliance with the request of such notice, that the Building
Inspector cause such work to be done and the cost thereof recovered from the said Charles J. Simon, Esso
Home Comfort Centre, Canadian Acceptance Corp. Ltd., Provincial Bank of Canada, Imperial Oil Limited,
Lawton's, Ltd., and Gulf Home Comfort.
With reference to the letter from the Legal Department to the Building Inspector in the above
matter, Councillor MacCallum asked that the City Solicitor ascertain why the officers of one judgement
creditor are referred to, without reference to the officers of the other companies involved.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the report from the City Manager and the Commissioner
qf Engineering and Works with regard to the 1979 annual household clean-up programme in the City, which
was conducted during the weeks of May 14th to 18th and May 28th to June 1st, be received and filed.
.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, the tender of
Maritime Formless Limited, in the amount of $138,381.50, be accepted for concrete work which consists
generally of the supplying and installing of approximately 3,400 feet of concrete curb, 6,030 feet of
concrete curb-and-gutter, 2,200 feet of concrete gutter, 2,120 feet of concrete sidewalk, 550 feet of
unit curb and sidewalk, and a certain quantity of excavation and backfill which is required in some
areas, be accepted, this being the lowest tender received.
'I
In reply to a query of Councillor MacCallum, Mr. MacKinnon advised that dropped curbs are
being installed at entrances to intersections for handicapped people when any new work is being under-
taken by the City.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of
Pierreville Fire Trucks Ltd., in the amount of $110,000.00 plus Provincial sales tax, be accepted for
supplying a 1050 G.P.M. combination pumper-booster truck, be accepted, this being the lowest tender
received.
I
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table until information
is supplied to Council regarding delivery date for the above equipment, and where such equipment is to
be used.
Question being taken, the tabling motion was lost with the Mayor and Councillors Clark, Elliot,
Gould, Green, Knibb, MacCallum, Murphy, Pye, M. Vincent and Wayne voting "nay".
.
....
,...
--.;-.;..~~ ._.::......-~._,-.
.-l!5
.
"
Counc. Murphy
, Provincial
- sales tax
~
-Tender accept d
-I
- Woodward Ave
'Storm sewer
,Que-Mar Cone-
struction Lt
,non-resident
contractors
~I
.
,Tender accept d
McKay St
Main St
Princess Cour
..... water mains
- Fairvale Cons
Ltd.
(motion lost)
'- Fairvale
Const. Ltd.
'1
'D. Hatfield
'Stephen Const
Co. Ltd
.
,Tender accept d
_ chipsealing
"Flintkote Co
of Canada Lt
'D"R:E.E.
_I
-. Bayside Drive 1.
'Que-Mar Const
Ltd
-I
"Hazen Creek
"Godfrey Asso
Ltd
.
'East Saint,'
John Flow
Study
'A. D. 1. Ltd.
....
Question being taken, the original motion-was carried with Councillors Clark, Landers, Pye and
A. Vincent voting "nay".
Councillor Murphy had proposed a motion, which was not seconded, that the Council ask the
Provincial Government to remove the Provincial sale taxes on all equipment used for the protection of
people. The Mayor commented that such a motion would'not be acted upon by the Provincial Government.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the contract for
the Woodward Avenue storm sewer, involving 60-inch Class III concrete pipe, be awarded to the low tenderer,
Que':'Marc-ConstructionnLimited;'l1in'l theeamount of $382,213.00.
On motion 'of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table pending receipt
~f the report requested from the City Manager at the June 25th Council meeting with regard to contracts
awarded by the City to outside contractors, and the question of whether local labour is employed.
Question being taken, the tabling motion was carried with the Mayor and Councillors Gould, Landers,
MacCallum and A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the contract
for MacKay Street, Main Street, Princess Court watermain restoration and construction be awarded to the low
tenderer, Fairvale Construction Limited, in the amount of $72,048.00. '
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the above matter be laid on the table for one
week.
Question being taken, the tabling motion was lost with the Mayor and Councillors Clark, Elliot,
Gould, Knibb, MacCallum, Murphy, Pye, M. Vincent and Wayne voting "nay".
Councillor A. Vincent asked that the Council be supplied at the next meeting with a list of all
the employees of Fairvale Construction Ltd. and their addresses.
Following further discussion, the original motion was carried with Councillors Green and A.
Vincent voting lInay".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED
granted for payment of the following invoices:-
D. Hatfield, Ltd. - Water Dept. (equipment)
- Water Dept. (equipment)
- Works Dept. (equipment)
Stephen Construction Company Limited - Works Dept.
that as recommended by the City Manager, approval be
June 1-15, 1979 $ 6,939.50
May 16-31, 1979 $ 6,115.38
June 1-15, 1979 $ 32,146.67
(asphalt )
June 16-30, 1979 $ 80,113.71
On motion of Councillor Murphy
Seconded by Councillor
Green
RESOLVED that as recommended by the City Manager, the tender of
be accepted for chipsealing 25,000 to 30,000 square yards of roads in the
square yard, being the only tender received.
Flintkote Co. of Canada Limited,
City, in the amount of $1.45 per
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate and approved invoices for engineering services,
in connection with the following projects that were undertaken under the Department of Regional Economic
Expansion programme:-
Bayside Drive Reconstruction and Extension, Phase V
Que-Mar Construction Ltd.
Installation of services and re-alignment of road
Total value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 5, 1979
$ 541. 953.00
583,160.63
87,474.09
359,560.26
4,
$ 136,126.28
2.
Hazen Creek Sewage Treatment Plant
Godfrey Associates Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 73,
dated June 18, 1979
$ 551,749.46
$ 4,128.95
3.
East Saint John Flow Study
A. D. 1. Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated June 30, 1979
3,767.44
$
2,232.56
$
46
""'IIIl
" Capital proj ects
'Eastern Arterial
'Fenco Consultants
Ltd.
'Millidgeville
Sewage Treatment
Plant
,A.D.L Ltd.
\Loch Lomond Rd
'Stephen Canst.
Co. Ltd.
'Mi 11 idge Ave,
'Seacliff Drive,
'Sea Street
Sewer Main Const
'Master Enterprises
Ltd.
'Federal-Provincial,
Community Services
Construction Pro-
gramme
'Woodlawn Park
'Millidgeville
sewage treatment
plant
'West Side N'hood
Improvement
Min. of Municipal
Affairs
, Red Head Sewage
Lift Stn.
,Duck Cove Lane,'
'Unsightly premises
"Meadowbank Ave
'Unsightly premises
'- Ridge' Street
'-Unsightly premises
$ n4,368.00
169,934.42
10,359.46
122,306.48
$ 37,268.48
.
Councillors Gould, Knibb and M. Vincent withdrew from the meeting.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoices for engine-
ering services in connection with the following named capital projects:-
1.
Eastern Arterial
Fenco Consultants Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 7,
dated May 31, 1979
$ 41,592.30
$ 2,177.18
2.
Millidgeville Sewage Treatment Plant
A. D. 1. Ltd.
,Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 26,
dated June 28, 1979
$ 83,599.04
$ 1, 7TT . 86
3.
Loch Lomond Road Widening
Stephen Construction Company Limited
Paving
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated July 4, 1979
4.
Millidge Avenue, Seacliff Drive, Sea Street Sewer Main Construction
Master Enterprises Limited
Supply and install sanitary and storm sewers
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated June 29, 1979
$ 71,213.45
17,127.60
2,569.14
Nil
1,
$ 14,558.46
Read a letter from the City Manager advising that Council, at its April 23rd, 1979
meeting, approved the submission of three applications for funds under the new Federal-Provincial
Community Services Construction Programme which replaces the former Neighbourhood Improvement, Municipal
Incentive and Municipal Infrastructure Programmes, the three applications being for the Woodlawn Park
external services, Millidgeville sewage treatment plan and West Side Neighbourhood Improvement, and the
City has now been advised by the Minister of Municipal Affairs,that contributions have been approved
for two projects, namely: Red Head Sewage Lift Station and Forcemain - $54,800.00, and Neighbourhood
Improvement Programme - West Side - $200,000.00. ,The letter states that with respect to the Red Head
programme, the total amount eligible for assistance is $677,300,00 for which a 20% contribution will be
forthcoming under the programme - $54,000.00 is being provided under the first programme year, leaving
a balance of $81,400.00 to be funded in the second year programme; and with respect to the West Side
Neighbourhood Improvement Programme, the total project application was in the amount of $1,297,500.00
and the $200,000.00 approved represents an allocation from the total funding available to the Province
for all municipalities. The letter notes that allocations for the second programme year, January 1,
1980 to December 31, 1980, from the total funding available to the Province of $6,950,000.00 for the
programme, will be 50% to sewage treatment projects and 50% to other municipal projects, with each
municipality receiving an allocation from this portion in proportion to its Unconditional Grant.'
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the above letter from the City Manager be received
and filed:
AND FURTHER that authority be granted for the Mayor and Common Clerk to execute on behalf of
the City the Community Services Contribution Programme Agreements for the Red Head Sewage Lift Station
and Forcemain and the West Side Neighbourhood Improvement Programme.
Councillors Gould and Knibb re-entered the meeting.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the Common Clerk serve notice on the owners of
the premises at Duck Cove Lane (L.R.I.S. 386169) as authorized by the Municipalities Act, requiring
them to remove the remains of fire-damaged wood structure and other debris and that such unsightly and
dangerous conditions are to be remedied not later than 21 days from the date of service of the notice.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the Common Clerk serve notice on the owners of the
premises at Meadowbank Avenue (Lots L.R.I.S. Nos. 422899, 422907 and 422915) as authorized by the
Municipalities Act, requiring them to remove old lumber, bricks and other debris, and also to backfill
three (3) holes over 8 feet deep in places, and such unsightly and dangerous conditions are to be
remedied not later,than 21 days from the date of service of the notice.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the Common Clerk serve notice on the owner and
occupiers of the property at Ridge Street (Soucy's Auto Service) as authorized by the Municipalities Act
.
1
I~
I~
.
I.
1-
.
~
,.
.
\Rocca Group
Ltd
, Westmorland
Grove
holding pond
I
'Subdi vis ion
Agreement
"Woodlawn Park
David M. Lun,-
ney Assoc-
iates L td
Garfield Luca
'I
"Woodlawn Park
Subdivision
.
re public
lands
'\ Ass' t Common
Clerk
-I
- Mary Munford
Union
'Local 18
-Local 486
'Local 61
, Residency
"Condition of
. employment
'Ray McDevitt
,1
/
1s7
requ~rlng
conditions are
remove JUD au DIDO 1 es, rue s, au aIDO 1 e par s an e rlS, an sue unSlg
be remedied not later than 21 days from the date of service of the notice.
y n
g
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager submitting information
requested by Council concerni~g the date of receipt of $50,000.00 from the Rocca Group Ltd. for construction of
the storm water retention facility at Westmorland Grove, be received and filed.
Councillor M. Vincent 're-entered the meeting.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the copy of a letter to the City Manager from the Commissioner
of Community Planning and Development with regard to Phase 2 and 3 of the Woodlawn Park Subdivision, recommending
(1) that the Mayor and Common Clerk be authorized to ,execute subdivision agreements with David M. Lunney and
Associates Ltd. and Garfield Lucas with respect to Woodlawn Park Subdivision, Phases 2 and 3; and (2) that
approval be given for the reimbursement of $6,250.00 and $28,000.00 to the developer, which represents cost-
sharing costs for curbs in the Phase 2 and 3 subdivisions and that these expenditures be charged to the 1979
Street Capital budget -- be received and filed and the recommendations adopted.
Question being taken, the motion was,carried with Councillors Gould, MacCallum, Pye, M. Vincent and
Wayne voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee with regard
to Phases 2 and 3 of the Woodlawn Park Subdivision, recommending (1) that Common Council assent to the Subdivision
Plan with respect to the streets as shown on the submitted photo-reduced plans; and (2) that the lands for
public purposes requirement be satisfied on a cash-in-lieu basis, with the developer contributing to the City
the sum of $880.00 -- be received and filed and the recommendations adopted.
Question being taken, the motion was carried with Councillors Green, Gould, MacCallum, Pye, M. Vincent
and Wayne voting "nay".
Considerable discussion ensued between the Council members and staff regarding the Woodlawn Park
Subdivision, prior to adoption of the above resolutions with respect to Phases 2 and 3 of the said Subdivision.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that an item with respect to the position of Assistant
Common Clerk be added to the agenda of this meeting.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that Mrs. Mary Munford be appointed to the position of Assistant
Common Clerk effective July 9th, 1979, at the salary established for the position.
The Mayor stated that on July 5th the Presidents of Locals 18, 486 and 61 wrote to the Council requestinl
to be placed on the "open session" of the Common Council meeting of July 9th, 1979 to speak on the issue of
"Residency Restrictions" by the City of Saint John on their employees, and because the City and the Unions were
dealing in concilation and mediation it was felt that Council should first discuss this in Committee of the
Whole, for the reasons as outlined in a press release from the City, which the Mayor read at this time. He
noted that Council considered this request at Committee of the Whole this date and it was agreed that we should
invite the said Presidents to appear before Council at 9 o'clock this evening. The Mayor stated that the
residency policy that the City hopes to have for all the employees is a provision that both present and future
employees must be residents of Saint John; employees presently residing outside the City limits would be
permitted to continue to reside outside the City limits; and further that if sufficient extenuating circumstances
or undue hardship can be shown, the Council shall permit any employee to reside outside the City limits.
Mr. Raymond McDevitt, President of Local No. 18, C.U.P.E., referred to a letter received in reply to
the letter referred to by the Mayor from the three Unions, which reply stated that the letter would be con-
sidered on July 9th at the Common Council meeting, which all four City Unions found strange that these Unions
have to "beg" to see Council when the matter of residency is a very grave matter concerning the City, and is
very vital to the employees as well as the City. He thanked the Mayor for letting the Unions appear at this
meeting but advised that they have made other arrangements due to the reply received to their letter that
Council would have to decide whether or not their re~uest would be granted. He stated that they are not
prepared to make their presentation before Council.
It was noted by several 'Council members that Council policy is that when a request is made for a
presentation, a decision is required by Council before such presentation can be made. Mr. Rodgers stated that
a reply' could only have been given by Council to the letter received from the three Union Presidents, before
this evening, was if Council called a special meeting, otherwise, a decision could not have been made until
this Council meeting, which decision was made by Council in Committee of the Whole this date.
\Patrick Palme Mr. Patrick Palmer, President of Local 486, C.U.P.E. stated that he concurs with the remarks of Mr.
McDevitt, and further stated that the question of residency is not before the mediator appointed in regard to
their negotiations with the City, at the present time, and that he was not aware of Council policy in regard to
'Gerald Shanno delegations. Mr. Gerald Shannon, President of Local 61, C.U.P.E., stated that he concurs with the comments of
Messrs. Palmer and McDevitt, and stated that it is impossible to prepare a proper brief for presentation to
Council when they were only notified at 6.30 p.m. this date that they could appear before this meeting. He
stated that he has appeared before Council on many occasions and has never been subject to the Council policy
regarding a request for a hearing.
,-I
"James Fennell
\Local 771
.
...
Mr. James Fennell, President of the Saint John Firefighters' Association, Local No. 771, was present
at the meeting and asked permission to be heard.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that permission be given for Mr. Fennell to be heard at this
time.
"
48
~
, Residency
,
City Solicitor
" Agreement
,Clayton Barfoot
Cabaret
'King Street West
v!off-street parking
'City Solicitor
'Traffic By-law
'City Road
'Delhi St
,Counc. A. Vincent
'Waterloo St.
'City Solicitor
,Land Committee
-United Church of
Canada
Mr. Fennell stated that his Union does have a collective agreement with the City, however as
has previously been discussed by him with some Council members in the past, the residency policy is
affecting the firemen in the City, as holiday relief firefighters are being required to move into the
City before they will be accepted as permanent firefighters in the City, and that his Union is backing
the other three civic Unions in this regard.
Messrs. McDevitt, Palmer, Shannon and Fennell withdrew from the meeting.
The Mayor stated that the Council was very anxious to reach a conclusion regarding this
matter, and he noted that in the City of Saint John over 11% of all policemen live outside the City,
over 13% of the City's firemen live outside the City, 16% of the inside workers live outside the City,
and 21% of the outside workers live outside the City, and there has to be some limit - it cannot be an
unlimited situation, particulary with the uniformed branches.
Councillor A. Vincent asked that he be supplied tomorrow morning by the Personnel staff with
all documents regarding the question of residency for civic employees.
Read a letter from the City Solicitor with respect to the proposed agreement with Mr. Clayton
Barfoot regarding the establishment of a cabaret on the second floor of the Harbour Tavern Building,
King Street West, as recommended by the Planning Advisory Committee, which matter had been tabled at
the last Council meeting pending clarification and legal interpretation regarding the question raised
on the legal right of the City to determine the seating capacity of such establishments, advising that
it should first be understood that the applicant himself proposed an establishment with a capacity of
120 persons, and the Community Planning Act authorizes the municipality to include in its Zoning By-Law
regulations pertaining to off-street parking facilities, and in Mr. Barfoot's case, if the capacity of
the tavern were not limited to 120 seats then for every 6 seats over the 120 seats an additional
parking space would be required by the Zoning By-Law. The letter states that Mr. Barfoot cannot at
this time provide more than the number of spaces he has proposed and he cannot, therefore, seat more
than 120 people without being in violation of the by-law that Common Council enacted. The letter notes
that Mr. Barfoot did not ask the Planning Advisory Committee to vary this parking requirement and it is
therefore his opinion that the seating capacity requirement in this case is a valid exercise of Council
authority under the Zoning By-Law.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above letter from the City Solicitor be re-
ceived and filed:
AND FURTHER that as recommended by the Planning Advisory Committee, the City Solicitor be
authorized to prepare, and the Mayor and Common Clerk be authorized to execute, an agreement with Mr.
Clayton Barfoot regarding the establishment of a club (cabaret) on the second floor of the Harbour
Tavern Building, King Street West, and the use of two lots on the opposite side of the street for off-
street parking, in accordance with the provisions as outlined by the Committee.
On motion of Councillor Green"
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor, submitting a
proposed amendment to the Traffic By-Law with regard to prohibiting left turns from City Road westerly
to Delhi Street and from Meadow Street southerly to City Road, be received and filed:
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on
Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments
Thereto", be read a first time.
Read
Streets in The
Thereto" .
a first time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on
City of Saint -John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendment"s
,
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973 and Amendments Thereto", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on
Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments
Thereto" .
Councillor A. Vincent asked that the traffic situation in the Waterloo Street area near
Haymarket Square be looked at within the next two months.
Read a lett~r from the City Solicitor with respect to the recommendation of the Land Committee
regarding the exchange of property in the McAllister Drive area between the City and the United Church
of Canada, which was considered at Council's June 11th, 1979 meeting, advising that at the meeting,
Council raised the question of the legality of providing a lease to the Church in perpetuity and
advising that in the strictest legal sense, a perpetual lease is not possible, however, a provision in
a lease for perpetual renewal is valid but there are a number of requirements so that a lease which
provides for perpetual renewals would be upheld as valid, for example, (1) intention to create a per-
petual lease must be clearly expressed; (2) the original lease must be for a fixed term; (3) there must
be an obligation on the lessor to execute and deliver a new lease containing the same covenant "for
renewal" as the original; and (4) a lease should contain an obligation on part of the lessee, to accept
such "a new and further lease". The City Solicitor advises that in view of the foregoing, if Council
is desirous of granting a perpetual lease in the present case, the resolution should state that the
approximately area of 1.254 acres of land between the Church's property and the proposed right-of-way,
off the McAllister Drive arterial be leased to the United Church of Canada for the sum of One Dollar
($1.00) for a term of twenty-one (21) years with perpetual renewals, and that the Mayor and Common
Clerk be authorized to execute the lease. With respect to the question of property taxes, the City
Solicitor advises that Council may wish to include as a provision in the lease that the lessee be
responsible for all taxes, and if the foregoing policy is attached, the lease will be prepared containing
the foregoing provisions.
.
1
[
.
I:
.
I~
,
I~
.
.....
I"
~~9
. 'City Solicito
--United Church
of Canada
I
.
'\ Land Committe
'United Church
of Canada
lPlan Adv. Com
,-Mr. V. White
990 Millidge
--
Ave
.
.
\Plan. Adv. Co
'John Sherriff
Winfred
, Galbraith
Lorneville
Point Rd
.
'Plan. Advis.
Com
'mobile homes
,Zoning By- Law
'\ mobile home
violations
~I
'\ Cedar Point
Mobile Home
Park
~I
'Lorne Richard-
son
\ Plan. Advis.
Committee
'Tender accepte
'S.J. Transit
'.Bayview Motors
.
, highway
dividers
'Counc. Elliot
, Viaduct
lIo..
On ,motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the above letter from the City Solicitor be received and
filed:
AND FURTHER that the City of Saint John lease to the United Church of Canada approximately 1.254
acres of land between the Church's property and the proposed right-of-way of the McAllister Drive Arterial for
the sum of One Dollar ($1.00) for a term of twenty-one (21) years with perpetual renewals, with the land to be
used for church purposes only and the lessee to be responsible for all taxes, and that the Mayor and Common
Clerk be authorized to execute the lease on behalf of the City:
AND FURTHER that no construction be carried out on the land being leased tO,the Church without the
permission of the Engineering and Works Department, and the City be permitted to carry out whatever repairs or
constructions required to maintain or construct pipes within the easements.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City purchase
approximately 12,697 square feet of land from the United Church of Canada for the sum of $5,100.00, as shown
on the sketch submitted by the Committee, which property is required for construction of the McAllister Drive
Arterial.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee,
advising that Mr. V. White wishes to relocate a dwelling situated at the rear of 990 Millidge Avenue to a
vacant lot to the rear of 1010 Millidge Avenue, which parcel of land is not accessible from Millidge Avenue
but is situated adjacent to a "reserved street", the legal status of which is not clear at the present time,
and that Section 4 of the Zoning By-Law provides that no building may be erected in the m~nicipality in respect
of which, in the opinion of the Council, satisfactory arrangements have not been made for the supply of
electric power, water, sewerage, streets or other services or facilities; further advising that unless an
alternative arrangement is approved by Common Council, the lot can not be developed; and recommending that
Common Council approve the development of Parcel L.R.I.S. #41848 subject to the owner providing an undertaking
to the City in a form acceptable to the City Solicitor, by which he will provide a right-of-way in favour of
this parcel in the event that either this parcel or Parcel #41871 shall be alienated -- be received and filed
and the recommendation adopted.
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee with
regard to the subdivision application of John Sherriff and Winfred Galbraith with respect to property located
at the corner of Lorneville Point Road and Jacks Road, which subdivision application proposes the creation of
two lots and the consolidation of a small piece of property with an adjacent parcel as well as the vesting of
a 25-foot parcel for the widening of Jacks Road, advising that in order for the application to be approved
variances from the Committee from both the Zoning and Subdivision By-Laws are required, and the Committee
concurs with the concerns expressed by staff in that it is not desirable for properties to depend on access by
private rights-of-way, however, the Committee is prepared to grant variances from the Zoning ,By-Law with
respect to lot size and frontage, subject to the proposed plan being modified so that both parcels would have
access to a public street, which revisions are acceptable to the applicants -- be received and filed and
Council assent to the subdivision plan, in accordance with the modifications recommended by the Planning
Advisory Committee, with respect to the widening of Jacks Road.
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that as recommended by the Planning Advisory Committee,
authority be granted for the necessary advertising with respect to amending the Zoning By-Law to provide
permanent status to those mobile homes permitted by Common Council on a temporary basis under the authority of
the Municipalities Act and situated in "RS-IM", "RS-2M" and "RfM" zones.
On motion of Councillor Clark
Seconded by Councillor M. Vincent
RESOLVED that the City Manager be requested to prepare a list of
all known violations regarding the placement of mobile homes in the City.
Councillor A. Vincent asked that staff prepare a report on the number of lots sold in
Point Mobile Home Park and the number of mobile homes which have been moved from the Park since
decision to offer such lots for sale to the present tenants.
the Cedar
Council's
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee advising
that Mr. Lorne Richardson has submitted his resignation from the Committee, be received and filed and the
matter of a vacancy on the said Committee be referred to the Nominating Committee:
AND FURTHER that a letter of appreciation be forwarded to Mr. Richardson for his contribution to the
City while a member of the Planning Advisory Committee.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the Saint John Transit Commission,
Common Council authorize the acceptance of the tender of Bayview Motors for a J 20 Jeep Pick-up, at a cost of
$8,960.00, plus $415.00 for painting and logo, this being the lowest tender received.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the letter from Deputy Mayor Elliot advising that a
recent British Columbia court decision in which a $1.5 million award was made when the court ruled that 16-
50
""IIIl
Francis Ltd
re-zoning of property on
referred to the Planning
'highway dividers
'Counc. Elliot
\Viaduct
Counc. Murphy
'Mr. Watters
'Mrs. Keeling
'Harry J. Hebert
'Don Holland
'Counc. Murphy
~.J. General Hospital
'West Saint John
Community Hospital
,
Minister of Health
'City Solicitor
'Snowflake Lime Ltd
'lime kiln burners
Pokiok
'Counc. MacCallum
'Stanley Street
,wal kway
'Norman W.
re-zoning
Somerset Street
W. D. Reid Chedore
'Joseph Flewelling
'Loyalist Eriterprises
Ltd
re-zoning
,4 Milford Rd
~Plan. Advis. Comm.
'amusement games
,
Min. of Municipal
Affairs
'Stimulation Grant
,Marsh Creek Flood
Cont.rol
inch high highway dividers are inadequate, may have implications for our City since the dividers in-
stalled last summer on the Viaduct are approximately that high, be received and filed and the use of
such dividers be reviewed by the City Manager and that he submit recommendations to Council on the basis
of that review.
.
Read a letter from Councillor Murphy advising that the following matters have been reported on
several occasions to City staff but to date no action has been taken: (1) For two years now the Watters
family who live at 728 Manawagonish Road and their two next-door neighbours have asked that a strip of
asphalt be placed on the curbing to prevent the water running into their basements. (2) Mrs. Keeling,
185 Montreal Avenue, and Mr. Holden next door have asked for asphalt aprons in their driveways. (3) Mr.
Harry J. Hebert, 217 Milford Road, has a serious problem with run-off from City property which completely
floods his garage, basement and yard and immediate action is required. (4) Don Holland, Carl Avenue,
complains that, 30 feet of street curbing, was torn up by the City over a month ago and has never been
replaced.
I
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the matters referred to in the above letter from
Councillor Murphy be referred to the City Manager to expedite the necessary action.
On motion of Councillor Murphy
.
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Murphy advising that
the reported cut-back of a total of 85 beds at the Saint John General and West Saint John Community
Hospitals ,is a serious blow to Saint John which could be further complicated by the fact that some other
districts say they are not able to cope with their situation and will have to send their patients to
Saint John, be received and filed:
AND FURTHER that Council reQuest a meeting with The Honourable Brenda Robertson, Mini~ter of
Health, to discuss this situation.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Elliot,
Knibb and A. Vincent voting "nay".
.
matters
matters
Prior to adoption of the above motion, several Council
should first be discussed with the local Hospital Board.
that should be discussed with the said Board.
members expressed the view that such
The Mayor noted that there are several
On motion of Councillor Pye
Seconded by Councillor M. Vincent
RESOLVED that Council request the City Manager to instruct
the Legal Department to immediately institute legal proceedings against Snowflake Lime Ltd. in relation
to the demolition of the said company's abandoned lime kiln burners at Pokiok.
During discussion of the above proposed motion, Mr. Rodgers suggested that the status of the
notices served on Snowflake Lime Ltd. and the time limits of such notices and if that notice can be used
as a valid notice then we will take the necessary steps or if that notice is invalid we will get authority
to serve another notice.
.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table for one week
and be referred to the appropriate staff for a full report to Council on the status of the demolition
proceedings regarding the abandoned lime kiln burners of Snowflake Lime Ltd.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from Councillor MacCallum, advising that
last year over 500 residents of the Stanley Street area presented a petition to Council requesting that
Council approach the Provincial Government with a view to obtaining a walkway or an overpass in the
area, be received and filed and Council be provided with a report on the status of this matter at the
present time.
.
On motion of Councillor Murphy
Seconded by
Councillor M. Vincent
RESOLVED that the application from Norman W. Francis Ltd.-for
Somerset Street to permit the property to be used for storage purposes, be
Advisory Committee for a report and recommendation.
I:
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the application submitted by Mr. W. D. Reid -
Chedore, of the firm of Riley, Mosher & Stanton, solicitors for Mr. Joseph Flewelling of 157 Adelaide
Street, who is a principal of Loyalist Enterprises Ltd., the owners and operators of the Milford Variety
Store located at 4 Milford Road, for re-zoning of the said property, which is presently designated as
"R_2" rather than commercial or any other designation that would allow the present use, to allow the
present use and that of a small food take-out service, be referred to the Planning Advisory Committee
for a report and recommendation.
I~
Councillor Wayne stated that she would like some direction from the Planning Advisory Com-
mittee in considering the above requested re-zoning, as to what they can or cannot do legally in limiting
the age of children who frequent business establishments which have amusement games.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from The Honourable Horace B. Smith,
Minister of Municipal Affairs, advising that the Provincial Government has approved a Stimulation Grant
.
....
,...
,.r.' ~. "-,.
;5,1
.
'Marsh Bridge
1
'S.J. Heritage
. Trust Inc.
'U.N.B.S.J.
'\ I Mecklenburg
Street
,I
'Min. of ' Sup pI
& Services
.
"Imre Ivan
,Parks &
Recreation
tot lots
'Forest Hills
Minor Base-
,ball
ball fields
~I
'C. 0.1. L.
"parallel trans
portation
,S.J. Transit
Comm.
'-Committee of
the Whole
.
.
'Chipman Hill
Parking
Garage devel
opment Agree
ment
,parking Comm.
I
LEG A L
S E S S ION
.
lIo..
in an amount' of $540,915.16 for the City for the fiscal year 1979-80, which amount represents the remainder of
the one-third Provincial share plus the one-thir~ Federal share to complete the Provincial-Federal funding ,for
the Marsh Creek Flood Control project as per the terms of the Agreement, and further advising that the monies
for this project must be expended by March 31, 1980, the termination date of the Agreement, and that payment
of the grant will, be made subject to the terms and conditions as outlined in Paragraph 3 of this Agreement and
Paragraph 5 of the Flood Damage Reduction Agreement for the Marsh Creek Watershed, be received and filed and
authority be granted for the Mayor and Common Clerk to execute the Stimulation Grant in this regard on behalf
of the City of Saint John.
Councillor Wayne asked that the City Manager advise Council when the work will be undertaken on the
Marsh Bridge, and if written approval has been received for extending the completion date under the Agreement
beyond March 31st, 1980.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from Saint John Heritage Trust Inc. requesting
that Council permit the University of New Brunswick in Saint John to occupy the premises at 1 Mecklenburg
Street effective as soon as possible, and stating that they are deeply concerned that the building be occupied
at least as a temporary measure pending its ultimate disposition, be referred to staff for a report and
recommendation.
The Mayor noted that this building is to revert to the City, however, maintenance work is required
before this is accomplished, and he has written to the Provincial Minister of Supply and Services in this
regard. Councillor Landers suggested that the requested staff report include an estimate of the required
repairs to this building.
Councillor Gould withdrew from the meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Imre Ivan, 68 Mecklenburg Street
regarding tot lots in the South End of the City, be referred to the Recreation and Parks Department for
a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Forest Hills Minor Baseball Executive
regarding the need for a senior size ball field, be referred to the Recreation and Parks Department for a
report and recommendation.
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that the copy of the letter to the Mayor from Mr. Donald
J. Shea, President, Centers Offering Independent Lifestyles Inc., regarding a parallel transportation system
for the handicapped, be referred to the Saint John Transit Commission with a strong recommendation that they
give 'this matter serious consideration.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the Committee of the Whole report of June 25th last, be
added to the agenda.
Read 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 begs leave to report that it sat on Monday, June 25th, 1979, when there were present
Mayor Davis and Councillors Clark; Elliot, Green, Knibb, Landers, Murphy, MacCallum, Pyem, M. Vincent and
Wayne, and your Committee begs to submit the following recommendation, namely:-
1. That Paragraph 7 of the Chipman Hill Parking Garage Development Agreement be amended to read, "on
completion of both the hotel and department store or rental use of the department store area, the $625,000.00
will be refunded to the Commission.", the hotel development to be commenced during 1979, and this amendment to
be effective for five years from the current date after which the original Paragraph 7 becomes effective, and
the $625,000.00 is refunded to the Parking Commission if a hotel or department store is completed, and that
the Mayor and Common Clerk be authorized to execute the said amendment on behalf of the City.
9th July, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that the above report be received and filed and the recommendation
contained therein be adopted.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that this meeting continue, in legal session.
(Councillors Green and A. Vincent were not present during legal session)
52
.,
,
City Solicitor
-Land Committee
-Expropriation
'Medena Mae Ryan
-Kelly Lake Reservoir
'Forebay
'John Turnbull
'Ci ty Solicitor
'Richard L. Garnett
-Albert C. Martin
'Claude J.:Arsenault
Estate
'Police Dept
~hief of Police
'Leslie Mackie
'Dominion Park
LEG A L
S E S S ION
Union
'Local 18
'Local 61
'Local 486
~oncilliation Board '
Report
,Residency clause
'Union
'Local 18
Strike Vote
qndustrial Relations
Board
Conciliation
'Local 61
Board
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor with respect to
the recommendation of the Land Committee regarding the expropriation of the Medena Mae Ryan property
which is required for the Kelly Lake Reservoir, and the letter from the City Solicitor submitting a
letter from Mr. John Turnbull in connection with the proposed expropriation of the forebay area,
together with a copy of a recent amendment to the Community Planning Act, be laid on the table and
that Mr. Turnbull be heard at the next Council meeting regarding this matter.
.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Elliot,
Knibb and Landers voting "nay".
On motion of Councillor Murphy
1-
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor, submitting a
Writ served on the City in the matter of Donald Claude Arsenault, Administrator of the Estate of
Claude Joseph Arsenault, deceased, Plaintiff, and Richard Lloyd Garnett, Albert Charles Martin and the
City, Defendants, advising that the action as outlined in the Statement of Claim falls under the
City's insurance protection and consequently the matter has been turned over to Commercial Union
Assurance Company Limited, and further advising that in view of the provision of the Police Act and in
light of the request of Constables Garnett and Martin for independent legal counsel in this matter, he
believes the City Manager and the Chief of Police should explain to Constables Garnett and, Martin why
it is not necessary for the individual policemen to engage independent legal counsel, be received and
filed and the action outlined by the City Solicitor be approved.
I
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Leslie Mackie regarding
damage caused by a City-owned pier at Dominion Park, be referred to the City Manager for a report, and
that the Legal Department be requested to forward this matter to the City's insurers.
.
On motion
The meeting adjourned.
fiikcy--
At a Common Council, held at the City Hall, in the City of Saint John, on Thursday, the
twelfth day of July, A. D. 1979, at 5.00 o'clock p.m.
I
present
G. Forbes Elliot, Deputy Mayor, presiding in the absence of the Mayor
Councillors Clark, Green, Gould, Knibb, Landers, Murphy, MacCallum,
Pye, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, D. Wilson, Deputy Commissioner of Finance,
J. C. MacKinnon, Commissioner of Engineering and Works, J. Brownell,
Assistant Director of Recreation, F. Ross, Chief of Police, D. French,
Director of Personnel, and G. Soucy, Labour Relations Officer
.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that this meeting be held in legal session.
It was noted that this special meeting of Common Council was called by the Deputy Mayor, in
the absence of Mayor Davis, to discuss the following matters: (1) irregularities in the strike vote
conducted by Local 18 with possible legal action; (2) Conciliation Board report on Local 61; and (3)
letter from Local 486 re Mediation report of the N. B. Department of Labour.
.
Messrs. French and Soucy reported to Council on their meeting with representatives of Local 18
this date when the said Union was told that the City wanted to negotiate respecting the proposed residency
~lause. Mr. Ronald G. Lister, Q.C. was also present at the meeting and discussion ensued on the possibility
of the City questioning the strike vote recently taken by Local 18. Mr. Lister outlined the steps to be
taken if the City decides to question the said strike vote and stated that the alleged irregularities
ould be on the following grounds: (1) no notice as required was given to the members of the said Union
of the strike vote, only an advertisement in the local newspaper; (2) information received by the City
hat retired employees were permitted to vote; (3) information received by the City that a member of the
argaining unit was denied the right to vote; and (4) information received by the City that the employees
ho attended the said meeting may have been told they were voting on the matter of residency rather than
a strike vote.
I
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the City Solicitor be instructed to proceed to
uestion the validity of the recent strike vote of Local Union No. 18.
On motion of Councillor Gould
.
Seconded by Councillor Landers
RESOLVED that the Deputy Mayor and Common Clerk be authorized to
ign the application to the Industrial Relations Board in the above matter.
The report of
rotective Association
,
the Conciliation Board in the matter of a dispute between the
Local 61, C.U.P.E. and the City was discussed at this time.
Saint John Policemen's
...oIIl
,...
-......-..-. ~
53
. ' Conciliation
Board
1
Union
'"Local 61
.
'Local 486
'Dept. of Labo
Mediation
Report
.
" Labour
Relations Bd
~I
Union
'Local 18
(motion lost)
. ' St.Paul' s
Church
'Street closin
_ Winter Street
.1
-I
.
lIo..
On motion of Councillor Clark
Seconded by Councillor Green
RESOLVED that Article 2 - Recognition as contained in the above Conciliation
Board report be approved.
Question being taken, the motion was carried with Councillors Gould, MacCallum, M. Vincent and
Wayne voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the said Conciliation Board report be laid on the table
until Monday, July 16th, 1979.
Question being taken, the motion was carried with Councillors Elliot and Knibb voting "nay".
It was noted that a letter was received this date from Local No. 61 advising that the membership of
the said Union has accepted in its entirety the said Conciliation Board report dated July 9th, 1979.
'f.
Read a letter from Saint John City Hall Employees', Local 486, C.U.P.E. with regard to the Mediati6n~
Report of the N. B. Department of Labour.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from Saint John City Hall Employees', Local 486,
C.U.P.E. with regard to the Mediation Report of the N. B. Department of Labour, advising that if the membership
of Local 486 votes to accept the recommendations of the report they respectfully ask Common Council to review
the report and vote in,.open session on its acceptance or rej ection at the regular Council meeting on Monday,
July 16th, 1979, be received and that Local 486 be advised that Common Council has not as yet received the
said Mediation Rerport and when received, it will be acted upon under the terms and conditions of existing
Provincial legislation.
On motion of Councillor Clark
Seconded by Councillor MacCallum
RESOLVED that the Provincial Labour Relations Board be advised that
the procedure used in releasing reports to the parties involved is not acceptable to the City, insofar as the
Council feels such reports should be released to all parties involved at the same time.
Question being taken, the motion was carried with Councillors Elliot, Knibb, Landers and M. Vincent
voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that last offer of the City to Local Union No. 18 be released
to the news media in whatever manner the Deputy Mayor deems fit.
Question being taken, the motion was lost with Councillors Elliot, Gould, Murhpy, MacCallum, Pye
and M. Vincent voting "nay,r.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the last offer of the City to Local Union No. 18 be
forwarded to all members of the said Union.
Question being taken, the motion was carried with Councillors Gould and MacCallum voting "nay".
Councillor "MacCallum advised that a delegation from St. Paul's Church, Wall Street, and residents
of the surrounding area, would like permission to appear before Council on July 16th, 1979 with regard to the
proposed closing of a portion of Winter Street, between St. Paul Street and Wall Street.
On motion of Councillor Gould
Seconded by Councillor Clark
RESOLVED that permission be granted for the presentation by a delegation
from St. Paul's Church, Wall Street, and residents of the surrounding area, at the Council meeting of July 16th,
1979 with regard to the proposed closing of a portion of Winter Street, between St. Paul Street and Wall Street.
On motion
The meeting adjourned.
~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixteenth day
of July, A. D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, MacCallum,
Murphy, Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, D. Wilson, Deputy Commissioner of Finance,
M. Zides, Commissioner of Community Planning and Development, M. Winch,
Deputy Commissioner of Community Planning, J. C. MacKinnon, Commissioner
of Engineering and Works, S. Lodhi, Chief of Technical and Inspection
Services, and Building Inspector, J B
. rownell, Assistant Director of
54
.,
'Fairvale Const. Co.
~inister of Health
,Saint John General
Hospi tal,
,West Saint John
Community Hospital
'John Turnbull
J'orebay
Dept. of T~anspor-
tat ion
'Throughway
'Stanley Street
~arsh Creek Flood
Reduction Agreement
Union ',_ ,
. Local 61
Conciliation Report
,
" ...
Conc111at10n Report
'Chief of Police
'Deputy Chief of P.olic
~ndustrial Relations
Board
'Conciliation Report
re discrimination
,
Conciliation Report
re disciplinary
action
of Recreation, F." Ross, Chief of Police, D. French, Director of Personnel,
G. Soucy, Labour Relations Officer, L. Ecker, Manager of Saint John Transit,
and A. Bawn, Acting Public Relations Officer
The meeting opened with a prayer which was invoked by the Reverend Leslie Petrie of St. James
Anglican Church, Lakewood.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that minutes of the meeting of Common Council, held on
July 9th last, be confirmed.
Councillor MacCallum noted that there were three matters from the last Council meeting which
have not been reported on at this meeting, namely: the request of Councillor A. Vincent for a list of
all the employees of Fairvale Construction Ltd. and their addresses, the requested meeting with the
Provincial Minister of Health regarding the reported cut-back of beds at the Saint John General and
West Saint John Community Hospitals, and a resolution in legal session that Mr. John Turnbull be heard
at this Council meeting regarding the proposed expropriation of the forebay area.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the copy of the letter to the City Manager from Mr.
D. Noble, Resident Engineer, Provincial Department of Transportation, regarding a pedestrian problem
existing on the Throughway, especially near the Stanley Street area, which was distributed to the
Council as an information item, be added to the Council agenda and considered later in the meeting.
Question being taken, the motion was carried with the Mayor and Councillors Knibb and Landers
voting "nay".
Councillor Wayne, noting that only one-third of the required work under the Marsh Creek Flood
Damage Reduction Agreement has been completed to date, asked that the City Manager supply Council for
the next regular meeting, with a time schedule for the work remaining under this agreement.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the letter from M. Elizabeth Chisholm, Recording
Secretary, Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., dated July 13th,
1979, advising that she has been instructed by the membership of the said Union to inform Council that
they have accepted in its entirety the Labour Relations Board majority Conciliation Report dated July
9, 1979, be received and filed.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that Council consider at this time the report of the
Conciliation Board in the matter of a dispute between the Saint John Policemen's Protective Association,
Local 61, C.U.P.E. and the City of Saint John.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that Council deal with the said Conciliation Board report
on an item by item basis.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the recommendation of the Conciliation Board regarding
Article 2 - Recognition, be accepted, which recommendation reads as follows: "The dispute in respect to
this term revolves around the issue of further exclusions from the bargaining unit. Presently only the
Chief and Deputy Chief are considered managerial and thereby excluded. It is a matter that has been
before the Industrial Relations Board on numerous occasions but the Employer has not to date been
successful in obtaining additional exclusions. The matter of the composition of a bargaining unit is
one which is, in this Board's opinion, not within its jurisdiction to determine. It is a matter that
by the terms of the Industrial Relations Act is more properly to be decided by the Industrial Relations
Board. Nonetheless this Board is of the view that the exclusion of two positions only from a bargaining
unit of approximately two hundred employees is unreasonable and unrealistic. We consider identification
of the specific positions which ought to be excluded is a matter beyond our statutory role and recommend
that this matter be determined by the parties or the Industrial Relations Board.".
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the recommendation of the Conciliation Board
regarding Article 5 - No Discrimination, be accepted, which recommendation reads as follows: "It is
agreed that there shall be no discrimination or coercion exercised or practiced with respect to any
employee by reason of residency or any ground prohibited by the Human Rights Act. '''.
(Councillor A. Vincent entered the meeting during discussion of the above item)
Question being taken, the motion was carried with Councillors Clark, Green, Landers, MacCallum
and Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the recommendation of the Conciliation Board
regarding Article 6.12 be accepted, which recommendation reads as follows: "Any penalty imposed on an
employee as a result of disc.:iplinary action taken under Rules & Regulations of the Saint John Police
Force may be subject to appeal before a member of the judiciary of the Province of New Brunswick.".
Question being taken, the motion was carried with Councillor Clark voting "nay".
.
I
.
.
I:'
.
1-
I
.
~
,...
~:5
Union
. -Local 61
_ Conciliat ion
Report
re promotion
roster
I
- Conciliation
Report re
grievance
procedure
I
- Conciliation
Report re
term of agree-
ment
- Conciliation
Report re
re wages
.
'I
Union
-Local 486
, Mediation
Officer.Repor
re discrimin-
ation
.
\ re Negotiatin
Committee
.11
re Recreation
"
Supervisors
J
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the recommendation of the Conciliation Board regarding
Article 9 - Promotion Roster, be accepted, which recommendation reads as follows: "the Board recommends that
the present article in the existing collective agreement be retained.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the recommendation of the Conciliation Board regarding
Article 10 - Grievance Procedure, be accepted, which recommendation reads as follows: "The Board recommends
that the present article in the existing collective agreement be retained....
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the recommendation of the Conciliation Board regarding
Term of Agreement, be accepted, which recommendation reads as follows: "The Board recommends that the parties
execute a two year collective agreement with wages and other economic benefits being retroactive to' January 1,
1979 and the agreement to expire December 31, 1980....
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the recommendation of the Conciliation Board regarding
Wages, which reads as follows: "The Board recommends an increase of $1,500.00 for the first year and a further
$1,500.00 for the second year of the agreement for the position of First Class Constable with such increase to
be pro-rated to all the other ranks.", be rejected and the Saint John Policemen's Protective Association,
Local No. 61, C.U.P.E. be advised that the City is prepared to negotiate on the basis of recommendations
contained in the minority Conciliation Report with respect to wages.
Question being taken, the motion was carried with Councillors Pye and M. Vincent voting "nay".
Councillor Elliot proposed a motion, which was seconded by Councillor Murphy, that the majority
Conciliation Board report, as amended at this Council meeting by individual clause, be adopted as policy by
Council. On being advised by the City Solicitor that such a motion is proper if Council wishes to pass it,
but not necessary, Councillor Elliot, with the consent of the seconder, withdrew the proposed motion.
Prior to adoption of the above resolutions with respect to the Conciliation Board report, the
Council members expressed their reasons for supporting or opposing the said resolutions, and engaged in
general discussion on each item of the said report.
Consideration was given to the report of the Mediation Officer in the matter of a dispute between
the Canadian Union of Public Employees, Local 486 and the City of Saint John, dated July 12th, 1979.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the recommendation of the Mediation Officer regarding
Article 4 - Discrimination, be accepted, which recommendation reads as follows: "It is agreed that there shall
be no discrimination or coercion exercised or practiced with respect to any employee by reason of residency or
any ground prohibited by the Human Rights Act.".
Question being taken, the motion was carried with Councillors Clark, Green, Landers, MacCallum and
Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the recommendation of the Mediation Officer regarding
Article 8.02 - Negotiating Committee, be accepted, which recommendation reads as follows: "I would recommend
the retention of the present Article.".
Question being taken, the motion was carried with Councillors Green, MacCallum, A. Vincent and Wayne
voting "nay".
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the recommendation of the Mediation Officer regarding
Article 14.02 - Exceptions - Recreation Supervisors, be accepted, which recommendation reads as follows: "This
clause provides that overtime compensation shall be different for recreational supervisors than other employees
within this bargaining unit. A strong plea was made on behalf of these employees that such treatment is not
justified under the present circumstances. The City maintained that these employees were the recipients of a
promotion under the terms of a previous collective agreement which took into account the additional overtime
requirements. It is a difficult issue but I am prepared to recommend the retention of the provisions of the
current agreement.".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the recommendation of the Mediation Officer regarding
re call-back Article 14.03, be accepted, which recommendation reads as follows: "Furthermore, I am prepared to recommend a
change in Article 14.03(b) in respect to call-back. The change recommended is that a minimum of two hours be
paid at time and one-half and not at straight time.".
.
...
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the recommendation of the Mediation Officer regarding
56
, e la lon leer
Union
'Local 486
re vacations
re wages
Union
-Local No. 18
re discrimination
'St. Paul's Church
-Street closing
,Winter Street
'Throughway
.,
r lC e ac
schedule as follows: 'After completion of twelve years of continuous service, an employee shall be
ranted four weeks vacation with pay; after twenty-five years of continuous service, an employee shall
eceive five weeks vacation with pay. ''', be rejected and that item become a matter of negotiation
so that the vacation time would be more in keeping with the vacation schedule of other City employees.
.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the recommendation of the Mediation Officer
egarding Wages And Retroactivity, which recommendation reads as follows: "It is recommended that the
arties enter into a two year collective agreement with wages and economical benefits retroactive to
anuary 1, 1979. I would further recommend that there be wage increases across the board to all em-
loyees in this bargaining unit of 7.25% for 1979 and 7% commencing January 1, 1980. The agreement would
expire December 31, 1980.", be rejected and this item be renegotiated.
1
Question being taken, the motion was carried with the Mayor and Councillors Clark, Knibb, Pye
and A. Vincent voting "nay",
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the following recommendation in the Mediation
fficer's report, which reads as follows: "It is recommended further that all other provisions of the
current collective agreement be retained, except where the parties have otherwise agreed upon alter-
ations. Included in this recommendation is the matter of 'sick leave' which will be retained in the
collective agreement as Schedule 'B'.", be accepted.
(
Prior to adoption of the above resolutions with respect to the Mediation Officer's report, the
Council members expressed their reasons for supporting or opposing the said resolutions, and engaged in
general discussion on each item of the said report.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that with respect to the negotiations with Civic Employees
Local No. 18, the clause regarding discrimination be removed and that such clause read as follows: "It is
agreed that there shall be no discrimination or coercion exercised or practiced with respect to any
employee by reason of residency or any ground prohibited by the Human Rights Act.".
.
Question being taken, the motion was carried with Councillors Clark, Green; Landers, MacCallum,
A. Vincent and Wayne voting "nay".
Reverend Canon Donald W. Noseworthy, rector of St. Paul's Church, was present at the meeting on
behalf of the Rector, Wardens, Vestry, parisioners, and residents of the area of the said Church, with
regard to a resolution adopted at a congregational meeting of St. Paul's Church that a submission be made
to the Common Council requesting that Council make the strongest possible representations to the government
of the Province of New Brunswick in opposition to the closing of that portion of Winter Street between I'
St. Paul Street and Wall Street. Reverend Canon Noseworthy was accompanied at the meeting by a large
delegation of persons interested in the proposed closing of that portion of Winter Street as outlined,
and he outlined in detail for the Council members the previous plans for the Throughway in this area, and
the present plans for this area, which they were unaware had been changed. Maps of the previous Through-
way plan, as well as a suggested improved plan, were distributed to the Council members for their information.
Also speaking in support of the delegation was Mr. A. B. Gilbert, Q.C. and Jean Dixon, members of the
said congregation, as well as Mr. Roy Waddell, a taxi driver in the City, who is a property owner and
resident of St. Paul Street. Considerable discussion ensued between representatives of the delegation
and the Council members involving the problems envisaged by the delegation which will affect both resi-
dents and motorists, if the present construction in the area is continued and the present plan of the
Provincial Government in this regard is carried out.
On motion of Councillor MacCallum
Seconded by Councillor A. Vincent .
RESOLVED that Council express the strongest possible oppo-
sition to the proposed closing of that section of Winter Street, between St. Paul Street and Wall Street,
in the City of Saint John:
AND FURTHER that a meeting be arranged with the Premier and members of the Cabinet forthwith to
discuss this situation:
AND FURTHER that the Premier and Cabinet be requested to take no further action in connection
with the proposed closing of the street until such delegation is heard.
I~
Councillor A. Vincent, in seconding the above motion, had asked that Council request the
Provincial Government tomorrow that the work in this area be stopped, and further asked that he be
invited to attend the said meeting with the Provincial Cabinet.
Question being taken, the motion was carried with the Mayor and Councillor Knibb voting "nay".
On motion
The meeting adjourned.
~
I~
.
.....
,...
"
. ... -, :1 ' .~-., ".. ".~. ,- : '
57
.
1
.
Union
,Local
, Local
, Local
486
18
61
.
'Local 486
Mediation
Report
I
""
Memorandum of
Agreement
job evaluation
reo discrimin-
ation,
Negotiating
Committee
Recreation
Supervisors
Call- back
Vacation
Wages
Working Agree-
ment (1979- 80
Union
,Local No. 18
"Working Agree-
. ment
(1979-80)
'residency
clause e
Group Lif'
Leave of
absence
I \ Memorandum of
, Agreement
'Working Agree-
_~I ment
Union
'Local 61
"Working Agree-
ment
.
lIo..
.~ At ~ Common Council, held at the City Hall,.in the City of Saint John, on Thursday, the nineteenth
day of July, A.D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Green, Gould, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, R. Park, Commissioner o~ Finance, D. Wilson,
Deputy CommissiOner of Finance, J.C. MacKinnon, Commissioner of Engineering
and Works, J. Gabriel, Deputy Commissioner of Works, F. Ross, Chief of
Police, D. French, Director of Personnel, and G. Soucy, Labour Relations
Officer.
The meeting opened with silent prayer.
The Mayor noted that this special meeting of Common Council was called to discuss the following items:
(1) contract with Local No. 486, C.U.P.E.; (2) contract with Local No. 18, C.U.P.E.; and (3) contract with
Local No. 61, C.U.P.E.
Read a letter from the City Manager advising that Council, at its meeting of July 16th, 1979,
accepted the recommendation contained in the ,report of the Mediation Officer with respect to the renewal of
the working agreement with Local No, 486 with the exception of Article 16 - Vacations and the article with
respect to wages and retroactivity, and directed that these articles be renegotiated; further advising that
further negotiations have taken place, and changes have been agreed to by the negotiators for the City and
the Union resulting in the submitted Memorandum of Agreement between the parties, and that if this Memorandum
of Agreement is approved by Council, the working agreement can be prepared for submission to Council for
execution.
The said Memorandum of Agreement between, the City of Saint John and Local No. 486, C.U.P.E. was
read at this time, which states as follows: "It is agreed by both parties that the new collective agreement to
be signed by both parties that the discrimination clause, Article 4 shall be in accordance with the Mediation"
Report, also Article 8:02 Negotiation Committee 1402, Recreation Supervisor 1403, Call Back Article to be the
same as Mediation Report. Article 16: Vacation to be in accordance with the Mediation Report, save and
except the word "twelve" to be substituted with the word "thirteen". Wages and Retroactivity to be in accor-
dance with the Mediation Report except for the year 1979: the year shall be 7% and the year 1980 shall be 7.25%:
The new agreement shall also incorporate a job evaluation article which will provide for a just and equitab+e
system for said evaluation. The memorandum of Agreement will also incorporate into the new collective agree-
ment all other articles which were previously signed during negotiations. This Memorandum of Agreement is
subject to ratification by the Union membership of Local #486, Canadian Union of Public Employees and the
City Council members for the City of Saint John.".
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that Common Council approve the 1979-1980 working agreement
between the City of Saint John and Local No. 486, Canadian Union of Public Employees, as outlined in the
above Memorandum of Agreement signed by both parties.
Question being taken, the motion was carreid with CouncillorS Clark, Gould, MacCallum and Wayne
voting "nay".
Read a letter from the City Manager advising that Council, at its meeting of February 5th, 1979,
gave authority to execute the 1979-1980 working agreement with Local 18, subject to the inclusion of a pro~
posed wording: on', residency; and i subsequently;~following'as1'eview,oL the ,proposed, agreement, ,by the City
Solicitor, Council further resolved at its meeting of March 5th, 1979'cthat before the agreement could be
signed, certain changes must be made, namely: deletion of reference to Group Life from Article 23:06, that
leave of absence for political office candidates terminate on the:declaration of the results of the election
by the returning officer and a residency clause included. The letter further advises that since Council,
at its meeting of July 16th, 1979 passed a resolution agreeing to a clause inc. the working agreement pro-
viding for no discrimination of coercion with respect to any employee by reason of residency, the original
resolution of February 5th, 1979 now stand~ subject to the changes required by the March 5th, 1979 resolution,
and that these changes have now been agreed to by the Union according to the submitted Memorandum of Agreement
and it is therefore in order for the 1979-1980 working agreement for Local 18 to be executed.
The said Memorandum of Agreement between the City of Saint John and Local No. 18, C.U.P.E. was read
at this time, which states as follows: "It is agreed by both parties that the new collective agreement shall
consist of all signed articles tentatively agreed subject to the new collective agreement containing the
provisions as modified by Council resolutions of July 16th, 1979 and March 5th, 1979.".
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, Common Council reso-
lution of February 5th, 1979 regarding execution of the 1979-l980 working agreement with Local No. 18, C.U.P.E.,
be confirmed, and that the said working agreement be executed with the inclusion of the changes contained in
the above Memorandum of Agreement signed by both parties.
\
Question being taken, the motion was carried with Councillors Clark, Landers, MacCallum and Wayne
voting "nay".
Read a letter from the City Manager advising that Council, at its meeting of July 16th, accepted the
recommendations contained in the report of the Conciliation Board with respect to the renewal of the working
agreement of Local No. 61 with the exception of the article with respect to wages, and that further negotiations
have taken place and changes have been agreed to.
58
"
"Conciliation Report
\ Local 61
Union
Union
'LOcal 486
'Local 18
'Working Agreement
'- Local 61
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that Council ratify the majority Conciliation Report
in its entirety save and except for Article 6:12 which is amended to read as follows: "Any penalty
imposed on an employee as a result of disciplinary action taken under the Rules & Regulations of the
Saint John Police Force may be subject to appeal before a member of the Judiciary of the Province of New
Brunswick. For the purposes of this Article, the Judge shall constitute a one-person arbitration board
and his decision shall be final and binding on the parties as per Article 12. If a Judge cannot hear
the matter, a request may be made to the Department of Labour who shall appoint an individual to act as
a one-person arbitrator as per this Article.", and that ,the said tentative agreement, incorporating
previously initialled articles and the approved Conciliation Board report and the approved Memorandum of
Agreement, be adopted, and that the Mayor and Common Clerk be authorized to execute, on behalf of the
City, the 1979-1980 working agreement with the Saint John Policemen's Protective Association, Local No.
61, C.U.P.E.
Considerable discussion ensued during which the Council members expressed their reasons for
being in favour, or opposing, the proposed agreement with Local No. 61. Regarding the appeal procedure
against disciplinary action, the Mayor stated that the procedure outlined in the Rules and Regulations
for_ the matter to be heard by Common Council in the first instance; will still be continued, prior to
the appeal being heard by a member of the judiciary, as outlined above. Several Council members re~
ferred to the fact that the Council had only been made aware this date that a wage settlement of
$3,130.00 had previously been offered to Local No. 61, although Council had not approved such an offer
being made to the said Union.
Question being taken, the motion was carried with Councillors Clark, Gould, Landers, MacCallum
and Wayne voting "nay",
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that authority be granted for the Mayor and Common
Clerk to execute, on behalf of the City, the 1979-1980 working agreements with Local No. 486 and Local
No. 18, as approved at this meeting of Council.
Questio~ being taken, the motion was carried with Councillors Clark, Gould, Landers, Wayne and
MacCallillll voting "nayll.
Councillor A. Vincent asked that Council consider the appointment by the Mayor of an enquiry
committee to investigate the misleading information given to the Conciliation Board regarding negotiations
with Local No. 61, with respect to a wage settlement offered by the City.
(Councillor Gould withdrew from the meeting)
.
I
-.
.
On motion of Councillor Landers
Seconded by Councillor MacCallum Ie
RESOLVED that the above item be added to the agenda and considered
at this time.
Councillor M. Vincent voted "nay" to the above motion.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the Mayor be authorized to appoint a committee
of Councillors to enquire into the misleading information given to Local No. 61 regarding the City's
wage offer, without authorization of Council.
Question being taken, the motion was carried with Councillors Clark, Elliot, Knibb and Pye
voting "nay".
On motion
The meeting adjourned.
~
.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty~ 1
third day of July, A. D. 1979, at 7.00 o'clock p.m. -
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, MacCallum,
Murphy, Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. A. Rodgers, City Solicitor, R. Park, Commissioner of Finance, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Community Planning, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Lodhi, Chief of Technical and Inspection Services,
and Building Inspector, J. F. Ross, Chief of Police, D. French, Director of
Personnel, G. Soucy, Labour Relations Officer, and L. Ecker, Manager of
Saint John Transit
1-
.
~
,....
,
:5j~
.
'Dept. of Trans
portation
~I
'Winter Street
'Street Closing
"St. Paul's
Church
.
Union
-Local 61
.-.working Agree-
ment
- Loyalist Days
'I
R.E. & J.E.
~ Friars Ltd.
Prop: Foster
, Thurston Driv
re-zoning
\ Plan. Adv:, Conun.
.
, Zoning
By-Law
_I
_.1
.
....
Reverend Canon Donald W. Noseworthy of St. Paul's Church, offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that minutes of the meeting.of Conunon Council,
held on July
16th last, be confirmed.
The Mayor reported on a meeting held this date with The Honourable Wilfred Bishop, Provincial Min-
ister of Transportation, and several Deputy Ministers and engineers from the said Department regarding the
intersection design of Winter Street near St. Paul's Street, and advised that no construction will be under-
taken in the area for two weeks, and, in the meantime, the Department of Transportation will review possible
alternate locations for the ramp; check into possible modifications to the existing design; check into the
traffic lighting system for modifications to the existing design; and make recommendations to Common Council
in two weeks time.
The Mayor advised that an item from a Committee of the,Whole meeting held this date regarding the
proposed 1979-1980 working agreement with the Saint John Policemen's Protective Association, Local No. 61,
C.U.P.E. requires ratification by Council.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the above item be added to the agenda and considered at
this time.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that Article 16 of the 1979-1980 working agreement between the
City and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., be amended to allow an
annual vacation of four weeks after completing 12 years of service in 1979 and after, completing 11 years of
service in 1980, and that the Mayor and Common Clerk be authorized to execute the said working agreement on
behalf of the City.
Question being taken, the motion was carried with Councillors Clark, Gould, Landers, MacCallum and
Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that Council express its appreciation to all persons connected
with the Loyalist Days celebrations for their efforts in making the 1979 celebrations a success.
The Conunon Clerk advised that advertising was completed regarding the proposed re-zoning of a parcel
of land located on the southerly side of Foster Thurston Drive from "RF" Rural to "B-2" General Business
district, subject to a resolution of Council pursuant to Section 39 of the Community Planning Act, restricting
the use of the property to a business office and apartment units in accordance with development plans sub-
mitted by R. E. and J. E. Friars Limited, and that no written objections were received to the said proposed
re-zoning. No person was present to speak to the said proposed re-zoning.
It was noted that by letter to Council dated June 21st, 1979, the Planning Advisory Committee had
reconunended the proposed re-zoning, subject to a resolution pursuant to Section 39 of the Community Planning
Act, restricting the use of the property to a business office and apartment units in accordance with development
plans submitted by R. E. and J. E. Friars Limited.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning a parcel of land located on the southerly side of Foster Thurston Drive,
approximately 420 feet west of Ashburn Road and containing an area of approximately 15,000 square feet,
(L.R.I.S. Number 052738) from "RF" Rural to "B-2" General Business district, subject to a resolution of
Council pursuant to Section 39 of the Community Planning Act, restricting the use of the property to a business
office and apartment units in accordance with development plans submitted by R. E. and J. E. Friars Limited,
be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning a parcel of land located on the southerly side of Foster Thurston Drive,
approximately 420 feet west of Ashburn Road and containing an area of approximately 15,000 square feet,
(L.R.I.S. Number 052738) from "RF" Rural to "B-2" General Business district, subject to a resolution of
Council pursuant to Section 39 of the Community Planning Act, restricting the use of the property to a bus-
iness office and apartment units in accordance with development plans submitted by R. E. and J. E. Friars
Limited, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee regarding,
the proposed re-zoning be received and filed.
60
.,
'Zoning By- Law
re signs
'Plan Adv. Comm.
'Cherry Brook Zoo
'Zoning By-Law
-,
"Plan. .Advis. Comm.
(motion lost)
'-North End Urban
Renewal
'Market Square
, Agreement
"'Silver Falls Park
Development Co Ltd
Silver Falls Park
Subd.
'sewage lagoon
The Common Clerk advised that advertising was completed regarding the proposed amendment to
the Zoning By-Law to add a new subsection to Section 220 to permit identification or directional
in "p" Park zones, and that no written objections were received to the said proposed amendment.
person was present to speak to the said proposed amendment.
signs
No
It was noted that by letter to Council dated June 21st, 1979, the Planning Advisory Com-
mittee had recommended the proposed amendment, as a result of a proposal by Cherry Brook Zoo to erect
a sign at the entrance to the Zoo, and had advised that the Committee had given the Zoo temporary
permission to erect a sign, pending enactment of the said amendment.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns adding the following
as a new subsection to Section 220, namely: "(a) In a "p" zone, for all permitted uses other than a
dwelling, one non-illuminated, non-projecting sign, identifying the said use shall be permitted
adjacent or in proximity to each entrance subject to the following: (i) each face of a sign oriented
to a vehicular entrance shall not exceed an area of 25 square feet; (ii) each face of a sign oriented
to an entrance intended solely for pedestrians or bicycles shall not exceed an area of 10 square feet;
(b) A dwelling in a "p" zone shall be permitted any sign permitted in an "R" zone." - be read a first
time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns adding the following
as a new subsection to Section 220, namely: "(a) In a lip" zone, for all permitted uses other than a
dwelling, one non-illuminated, non-projecting sign, identifying the said use shall be permitted
adjacent or in proximity to each entrance subject to the following: (i) each face of a sign oriented
to a vehicular entrance shall not exceed an area of 25 square feet; (ii) each face of a sign oriented
to an entrance intended solely for pedestrians or bicycles shall not exceed an area of 10 square feet;
(b) a dwelling in a "p" zone shall be permitted any sign permitted in an "R" zone." - be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
On motion of, Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee
regarding the proposed Zoning By-Law amendment be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that an emergency be declared to exist, and the said
Zoning By-Law amendment be given three readings at this meeting of Council.
Question being taken, the motion was lost with a majority of the Council members voting
"nay" .
Councillor A. Vincent proposed a motion, which was not seconded, that the present law be
enforced with regard to the sign which is presently located at the entrance to the Zoo, and contended
that their is no authority to grant temporary permission for the location of such sign, as referred to
in the above letter from the Planning Advisory Committee.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that as recommended by the City Manager and the Deputy
Commissioner of Housing and Renewal Services, Common'-Council resolution of February 19th, 1979 be
amended to increase the cost-shared funding for the North End Urban Renewal Scheme (Market Square
development) of $3,292,618.00, increasing the total project cost from $22,145,038.00 to $25,437,656.00.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager advising that
Silver Falls Park Development Co. Ltd. built a sewage lagoon to service the Silver Falls Park Subdivision
around 1968, and expanded this lagoon in 1976, and because the original lagoon was built before the
City's subdivision policy was finalized, there has been disagreement as to the cost sharing for this
portion of the work for some years; further advising that agreement has now been reached between the
parties under the following terms and conditions: (1) the City will lease the sewage lagoon site from
Silver Falls Park Development Ltd. and the City will assume ownership of aeration and other equipment;
(2) the City will maintain and operate the lagoon; (3) the City will pay Silver Falls Park Development
Co. Ltd. the sum of $16,000.00 in settlement of the claim for cost-sharing; (4) the City will pay
costs of survey required for the lease, and also the oustanding power bills for operation of the
lagoon; (5) if and when development in that area of the City requires the construction of a trunk
sewer which, in the opinion of the City, can service the existing subdivision, the lease of the lagoon
site will be terminated and the site will revert to Silver Falls Park Development Ltd.; and further
advising that the operation of the Silver Falls Park Sewage Lagoon now becomes standard with other
subdivisions, whereby the City operates the sewage treatment facilities and also collects the sewerage
rates -- be received and filed and Council accept the above terms and conditions, and authorize the
Mayor and Common Clerk to execute the lease on behalf of the City.
In reply to a statement of Councillor Wayne that the electric beaters in the above Lagoon
.
I~
.
.
I~
.
I~
:[
.
....
,..
~ /~' ..
6i
.
"Dangerous, &
dilapidated
~bldg.
, 153 Main St
_1-
.-
.
rl
"
Dangerous &
diiap'islitted
bldg. .
,194-196 Churc
Avenue
.
_I
I
, McKnight
Motors Ltd.
're-zoning
.
lIo...
aye n een war lug or over a mon
the City will assume these hydro costs
Mr. McDermott advised that
Councillor A. Vincent voted "nay" to the above motion.
Notice had been sent to Garfield Skinner, Leasehold Mortgagor; Mrs. Roberta Shaw, Mrs. Lana Abric
and Mrs. Marjorie Bothwell, Leasehold Mortgagees; Irving Oil Limited, Judgement Creditor; Leroy's Heating
Service Ltd., Judgement Creditor; and Imperial Oil Limited, Judgement Creditor, to appear at this meeting to
show cause, if any, why the building located at 153 Main Street should not be removed or destroyed as a
dangerous or dilapidated building. Mr. Lodhi referred to his report to Council and exhibited photographs of
this property. He stated that in his opinion this two-storey wood frame vacant building is dilapidated and
dangerous, being a potential fire hazard, and he would therefore recommend that the said building be declared
dilapidated and dangerous and the owners be compelled to destroy or remove this building under the provisions
of the 1925 Building Act. No person was present with respect to the said property.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that notice having been given to Garfield Skinner, Leasehold
Mortgagor; Mrs. Roberta Shaw, Mrs. Lana Abric and Mrs. Marjorie Bothwell, Leasehold Mortgagees; Irving Oil
Limited, Judgement Creditor; Leroy's Heating Service Ltd., Judgement Creditor; and Imperial Oil Limited,
Judgement Creditor, being the owners, as appears by the records of the Registrar of Deeds for the County of
Saint John, of the building located at civic number 153 Main Street, in the City of Saint John, requesting
that the said owners appear before this meeting of the Common Council to show cause why the said building
should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report
of the Building Inspector; the Common Council hereby deems and declares the said building located at civic
number 153 Main Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Garfield Skinner, Mrs. Roberta Shaw, Mrs. Lana Abric, Mrs.
Marjorie Bothwell, Irving Oil Limited; Leroy's Heating Service Ltd., and Imperial Oil Limited, are hereby
required to remove or destroy the said building situate at civic number 153 Main Street, in the City of Saint
John, within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Garfield Skinner, Mrs. Roberta Shaw, Mrs.
Lana Abric, Mrs. Marjorie Bothwell,'Irving Oil Limited, Leroy's Heating Service Ltd., and Imperial Oil Limited,
to remove or destroy the said building situate at civic number 153 Main Street, in the City of Saint John, in
compliance with the request of such notice, that the Building Inspector cause such work to be done and the
cost thereof recovered from the said Garfield Skinner, Mrs. Roberta Shaw, Mrs. Lana Abric, Mrs. Marjorie
Bothwell, Irving Oil Limited, Leroy's Heating Service Ltd., and Imperial Oil Limited.
Councillor Landers noted that the request for a legal search regarding the above property was made
on October 19th, 1978, however, the title search was not forwarded to the Building Inspector until July 9th,
1979. Mr. Rodgers stated that he would ascertain the reason for such delay.
Councillor A. Vincent voted "nay" to the above motion.
Notice had been sent to Charlotte E. Keating and Miriam J. Keating, Owners of the Freehold, to
appear at this meeting to show cause, if any, why the building located at 194-196 Church Avenue should not be
removed or destroyed as a dangerous or dilpaidated building. Mr. Lodhi referred to his report to Council and
exhibited photographs of this property. He stated that in his opinion this two-storey wood frame vacant
building cannot be rehabilitated and if left in its present condition, it may be set on fire and may damage
adjacent properties, and he would therefore recommend that the said building be declared dilapidated and
dangerous and the owner be compelled to destroy or remove this building under the provisions of the 1925
Building Act. No person was present with the respect to the said property.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that notice having been given to Charlotte E. Keating and
Miriam J. Keating, being the owners, as appears by the records of the Registrar of Deeds for the County of
Saint John, of the building located at civic number 194-196 Church Avenue, in the City of Saint John, re-
questing that the said owners appear before this meeting of the Common Council to show cause why the said
building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the
report of the Building Inspector, the Common Council hereby deems and declares the said building located at
civic number 194-196 Church Avenue, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Charlotte E. Keating and Miriam J. Keating, are hereby
required to remove or destroy the said building, situate at civic number 194-196 Church Avenue, in the City of
Saint John, within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Charlotte E. Keating and Miriam J. Keating
to remove or destroy the said building situate at civic number 194-196 Church Avenue, in the City of Saint
John, in compliance with the request of such notice, that the Building Inspector cause such work to be done
and the cost thereof recovered from the said Charlotte E. Keating and Miriam J. Keating.
Councillor Landers, noting that there have already been five fires in the above building, expressed
his concern with the time period involved in bringing such properties to Council for action.
Councillor A. Vincent voted "nay" to the above motion, stating that his reason for voting against
both the above motions is because the City owns properties which are as much a fire hazard as the above
properties.
Read a letter from the City Manager, submitting a report prepared by Mr. M. S. Winch concerning the
meeting between representatives of MacKnight Motors Ltd. and representatives of adjacent property owners with
regard to the application of MacKnight Motors Ltd. for re-zoning of property on Ashburn Lake Road.
Consideration was ,given to written comments submitted by Mr. Alden W. MacKnight, proprietor of
MacKnight Motors Ltd., regarding the conditions suggested by the Planning Advisory Committee, outlining which
conditions he would agree to, and his reasons for not agreeing to some of the conditions. Mr. MacKnight
suggests that with the recommendations as described by him, which MacKnight Motors Ltd. agree are reasonable
and possible and which they will fulfill, the salvage yard operation appearance will exceed many, many others
along the Saint John Throughway, and they would therefore request that Council consider their application for
he re-zoning of the property to Heavy Industrial, providing for the measures to which they agree.
62
..,
'Plan. Adv. Comm.
MacKnight Motors Lt
, re-zoning
, Plan Adv. Comm.
(motion lost)
(motion lost)
's. J. Hearing
Society Inc.
_ Grant
"Stanley Street
Pedestrian Overpass
, Dept. of Transpor-
tation
'Throughway
'0. Noble
-Stanley Street
(problem re pedes-
trians)
Consideration was also given to the letter from the Planning Advisory Committee, dated June
21st, 1979, which advises that the Committee affirms its previous recommendation to Common Council that
the MacKnight property should not be re-zoned, however, if Council wishes to consider favourably the
application, it is recommended that such approval be on the basis as outlined in the Committee's
letter.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager, submitting a
report prepared by Mr. M. S. Winch, concerning the meeting between representatives of MacKnight Motors
Ltd. and representatives of adjacent property owners with regard .to the application of MacKnight Motors
Ltd. for re-zoning of property on Ashburn Lake Road, which report notes that MacKnight Motors Ltd. is
not agreeable to the more significant conditions suggested by the Planning Advisory Committee for the
re-zoning, and the residents of Jones Drive as represented by Mr. Teed, believe that any re-zoning
approval should be subject to all the suggested conditions proposed by the Planning Advisory Committee,
be received and filed and Council proceed with the consideration of the changes in the Municipal Plan
and the re-zoning, based on the conditions which Mr. MacKnight is agreeable to.
Considerable discussed ensued between the Council members and Mr. Winch regarding the proposed
re-zoning, and regarding the conditions outlined by the Planning Advisory Committee by letter to Council
dated June 21st, 1979, referred to above.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the matter be referred to the Planning Advisory
Committee for a further report and recommendation in view of the above correspondence from Mr. MacKnight.
Question being taken, the motion was lost with Councillors Green, Knibb, Murphy, MacCallum,
A. Vincent, M. Vincent and Wayne voting "nay".
Question being taken, the motion to adopt the recommendation of the City Manager and proceed
with the re-zoning was lost with the Mayor and Councillors Clark, Gould, Elliot, Landers, Pye and M.
Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the application of MacKnight Motors Limited for
re-zoning of property on Ashburn Lake Road be denied and the said property not be re-zoned.
On motion of Councillor A. Vincent
Seconded DY Councillor Wayne
RESOLVED that the above matter be laid on the table and referred
to staff to try and negotiate a reasonable solution.
Question being taken, the tabling motion was carried with the Mayor and Councillors Gould,
Pye and M. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with respect to
the request from the Saint John Hearing Society Inc. for a grant from the City, or provision of space
at a minimum rental in connection with the Society's desire to provide a central office where the deaf
and hard of hearing can obtain personal and family counselling, budgeting service, legal and probationary
service, medical assistance, employment assistance and interpreter service, advising that there are a
number of organizations occupying space in City-owned buildings in the. area of the old City Hall which
are not paying the established rental rate and that there is no space currently available in this area
for further organizations on a free basis, and there are several organizations with applications pending
if space becomes available, and recommending that the Saint John Hearing Society Inc. be advised that
no office space is currently available, and that their request be forwarded to the Land Committee for
future consideration, be received and filed and the recommendation adopted.
Councillors Landers and A. Vincent voting "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager with respect to
Council's request at the July 9th meeting for a report on the status of the Stanley Street pedestrian
overpass, noting that he reported to Council on April 23rd, 1979 and at that time Council was given a
copy of a letter from the Deputy Minister of Transportation to the effect that in view of the light
volume of pedestrian activity that was measured previously, the pedestrian structure was not needed,
but that Provincial staff would continue to monitor the situation; advising that City staff met with
Provincial staff on this matter and other matters in connection with the Throughway on May 15th, at
which time the Department of Transportation reiterated its previous position, and City staff mentioned
that the Department had promised an overpass at a public meeting, however Provincial officials indicated
that this was not the case, and in the meantime a permanent fence was being constructed along the
Throughway and the Department of Transportation would continue to monitor the situation to determine if
an overpass was warranted; and that there have been no further developments at the staff level, but a
visit by the Minister of Transportation to the City to examine local highway problems is being arranged
be received and filed.
During discussion of the above matter, the Mayor reported that this area was viewed this date
when the Minister and representatives of the Department of Transportation visited Saint John.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the copy of a letter to the City Manager from Mr.
D. Noble, Resident Engineer, Provincial Department of Transportation, regarding a pedestrian problem
.
I.
I
-,
1-
.
I.
I
.
....4
""
63
.
existing-on the Throughway, especially near the Stanley Street area, which invites any suggestions the City
may have which would help eliminate this pedestrian problem, be received and filed.
(Councillors Clark, Gould and M. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificates in connection with the following named capital
.. Capital proj ect proj ects:-
."w. E. Kelly Ltd 1.
'Fire Stn. #2
Loch Lomond R
. 'Maritime
less
'-concrete
Form=
work
4IjL.B.R. Parking
Lot
"Metro Const.
"Met ro Const.
\ Loch Lomond Rd
.1
\Tender accepted
\ Gerald J. Ryan
.ourtenay Bay
Causeway
contractors
\.Que-Mar Const.
Ltd
'Fairvale Const.
I,policy for
awarding cone
tracts
'-tender awarded
'Que-Mar Const.
Ltd.
'I" Woodward Avenue
storm sewer
Capital
"Lancaster lagoo
'Canadian
British Con-
. sultants Ltd.
lIo..
Fire Station Number 2, Loch Lomond Road and McAllister Drive
W. E. Kelly Ltd.
Construction
Total value of contract
Total work done, Estimate Number 7
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 7,
dated July 5, 1979
$ 409,000.00
386,672.10
58,000.82
233,519.77
$ 95,151. 51
'1 ~.: Ii"
2.
Concrete Work - 1979
Maritime Formless Ltd.
Supply and install concrete curb and sidewalk
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated June 29, 1979
$ 1 , 369 . T3
$ 138,381. 50
1,493.80
224.07
Nil
1,
3.
Lord Beaverbrook Rink Parking Lot
Metro Construction (1978) Ltd.
Construction of parking lot
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated July 11, 1979
$ 101,540.00
116,602.04
'17,490.31
43,137.50
$ 55,974.23
4.
Loch Lomond Road
Metro Construction (1978) Ltd.
Widening
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated July 13, 1979
$ 320,509.50
280,337.75
16,296.17
184,069.62
$ 79,971. 96
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of Gerald
v-'uRyan Company Limited, in the amount,'of $56',099.00 ,be accepted for the Courtenay "Bay, Causeway storm sewer,
being the lowest tender received.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager, submitting a report
from the Commissioner of Engineering and Works requested by Council, supplying information concerning contract
awards by the City over the past three years and a list of addresses for contractors who have tendered for
recent projects, as well as a list of employees as submitted by Que-Mar Construction Ltd. and a list of sub-
tenders for both the Woodward Avenue storm sewer and the McKay Street-Main Street tender awarded to Fairvale
Construction, which report advises that the majority of the labour involved with the contracts is local as the
biggest majority of the contractors are unionized and the labour supplied through the local union halls and
that the City's policy in connection with the awarding of contracts is to award the tender to the low bidder
provided he has met all the requirements of the tendering procedures, however, the City some times varies this
award depending upon extenuating circumstances such as contractor's inability to perform certain tasks; and
the City Manager recommends that the previous recommendation to award the contract for the Woodward Avenue
storm sewer involving 60-inch, Class III concrete pipe to the low tenderer, Que-Mar Construction Ltd. in the
amount of $382,213.00, which was tabled at Council's last meeting, be taken from the table and adopted -- be
received and filed and the recommendation adopted.
(Councillor Clark re-entered the meeting and Councillors Landers withdrew)
On motion of Councillor Wayne
,Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager, advising that in the
1979 capital programme, Council approved the study for the Lancaster Lagoon - Phase II Expansion, and that
following a review and evaluation of the proposals submitted for this study, it is recommended that Canadian
British Consultants Ltd. be hired for the said study -- be laid on the table for one week for a report from
staff on the reasons for recommending the said firm.
Councillors Knibb and A. Vincent voted "nay" to the above motion.
64
.,
'Tender awarded
'Paul's Trucking &,
Demolition Co Ltd
lIS Bridge Street
lIS St. James St
691 Brunswick Drive
214 Watson Street
\Demolition
, Capi tal prQj ects
On motion of Councillor Murphy
Seconded by Councillor Wayne .
RESOLVED that as recommended by the City Manager, the tenders as
submitted by Paul's Trucking & Demolition Company Ltd., in the amount of $5,500.00 for demolition of 118
Bridge Street; in the amount of $9,000.00 for demolition of 118 St. James Street, in the amount of $3,500.00
for demolition of 691 Brunswick Drive - being the only tender received in each instance - and in the
amount of $3,500.00 for demolition of 214 Watson Street, being the lowest tender received, be accepted.
Councillor A. Vincent suggested that estimates should be prepared when calling for tenders for
demolition of property, as is done with other contract work by the City.
(Councillor M. Vincent re-entered the meeting)
.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoice for engine-
'cering services in connection with the following named capital projects:-
"Northrup, Hachey & 1. Church Avenue Grade Separation .
Associates Ltd Northrup, Hachey & Associates Ltd.
Engineering services
'Church Avenue Payments previously approved $ 30,412.15
Sum recommended for payment, Progress Estimate Number 9,
dated July 19, 1979 $ 9,560.64
2. Broad Street Playground
, Mari time Sod L td Maritime Sod Limited
, Playground, Broad St Playground and park construction
Total value of contract $ 80,212.00 .
Total work done, Estimate Number 4 86,575.00
Retention 4,463.25
Payments previously approved 73,588.75
Sum recommended for payment, Progress Estimate Number 4,
dated July 18, 1979 $ 8,523.00
'\ Rocca Const. Ltd. 3. North End Community Centre
~North End Community Rocca Construction Ltd.
Construction of community centre and
Centre child development centre
Total value of contract $ 758,752.00
Total work done, Estimate Number 9 758,636.61
Retention 113,795.49
Payments previously approved 636,222.55 I,'
Sum recommended for payment, Progress Estimate Number 9,
dated July 18, 1979 $ 8,618.57
'Que-Mar Canst. Ltd.
'Marlin Court
'Bell Manor Drive
: Dominion Park
Woodhave Drive
.....Storm sewers
'Que-Mar Const. Ltd.
, Fairville Blvd
Molson Ave
\Mountain Rd
'Industrial Drive
'Storm Sewer
'D.R.E.E.
~Grove Const. Ltd.
'Bayside Drive
'Mudroch-Lingley Ltd
Surveys
4.
Marlin Court, Bell Manor Drive, Dominion
Park, Woodhaven Drive - Storm Sewers
Que-Mar Construction Ltd.
Supply and install storm sewers
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 19, 1979
$ 44,916.00
33,277.80
4,991. 67
Nil
1,
$ 28,286.13
.
5.
Fairville Boulevard, Molson Avenue, Mountain
Road, Industrial Drive - Storm Sewer
Que-Mar Construction Ltd.
Supply and install storm seWers
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 19, 1979
$ 65,982.00
10,550.00
1,582.50
Nil
1,
$ 8,967.50 1
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoice for property
surveys, in connection with the following projects that were undertaken under the Department of Regional
eODomic Expansion programme:-
1.
I~
Bayside Drive Reconstruction and Expansion - Phase VI
'(a) Grove Construction Limited
Reconstruction of Old Black River Road
Total value of contract
Total work done, Estimate Number 10
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 10,
dated July 17, 1979
$ 368,046.66
368,046.66
Nil
353,646.22
$ 11 ,041. 40
(b) Payments for property surveys to
Murdoch-Lingley Limited
Payments previously approved
Sum recommended for payment, Progress Estimate Number 31,
dated June 30, 1979
$ 31,238.73
$ 1,062.00
.
~
II"'"
65
.
Provo of N.B.
'Dept of Trans
portation
Engineering
services
I
"Traffic By-Ia
South End
~ al ternate par
ing
, Credi t Bureau
'Wentworth St.
~I'
"Parade By-law
.
.. 207 St. James
St.
Cyril C.
, Merryweather
'Land Committe
I
..Traffic By-Ia
'City Road
'Delhi St
. "\ Street Closin
By-law
'Golden Grove
Road
1-
I
" Zoning
By-Law
'Fundy Cable-
vision Ltd.
Prop: Waterlo
Street
... 'Zoning By-Law
\ Prop: Bayside
Dri ve
'Inter Provin-
cial Helicop
ters Ltd.
...
(c) Province of New Brunswick
Department of Transportation
Supply engineering services and materials
Payments previously approved
Sum recommended for payment, Progress Estimate Number 13,
dated July 18, 1979
$ 328,857.02
$ 24,076.31
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the join~ report from the City Manager, Commissioner of
Engineering;and Works, and Traffic Engineer, advising that recently Council approved amendments to the
Traffic By-Law which eliminated alternate side parking in the South End of the City whereby parking was
designated to one side of streets on a permanent basis, which measure on the whole has improved traffic flow
especially on bus routes without depriving citizens of parking space, however, staff has received representations
from the Credit Bureau of Saint John located on Wentworth Street near St. James Street to the effect that
certain changes should be made in order to accommodate customers of this firm and others in the area - which
requested changes would change parking from the west side to the east side of Wentworth Street in the block
between Britain Street and St. James Street which allows for more parking because there are no driveways on
the east side of the street; in addition, the block between St. James Street and Queen Street would have two-
hour parking on the east side of Wentworth Street; advising that the Traffic Engineering staff has investi-
gated the requests and discussed them with the Police Department and both departments feel that the requests
are reasonable and essential to the continuing operation of business firms in this area; and recommending
that the proposed amendments be referred to the Legal Department for incorporation into the Traffic By-Law --
be received and filed and the recommendation adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that staff be requested to prepare and submit a Parade By-Law
for the City.
(Councillors Gould and Landers re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Green
, RESOLVED that as recommended by the City Solicitor, Common Council
resolution of April 9th, 1979 with regard to the sale of the freehold interest in the lot located at 207 St.
James Street, West. to Mr. Cyril C. Merryweather for the appraised value of $3,700.00, be amended to read as
follows: "Resolved that in accordance with the recommenation of the Land Committee, the City of Saint John
sell the freehold interest in the lot located at 207 St. James Street, Saint John West, to Mr. Cyril C.
Merryweather and Florence E. McCavour for the appraised value of $3,700.00.".
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973 and
Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint
John Made Under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto", was read in its entirety
prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following portion of
highway:
"All that certain part or portion of the Golden Grove Road in the City of Saint John located on the
easterly side of the said Golden Grove Road approximately 180 feet from the intersection of the Golden, Grove
Road and Rothesay Avenue, comprising of approximately 100 square feet."
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of Highways
in The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973",
was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending the said by-law by adding the
following use to those conditional uses presently permitted in the "B-2" General Business zone: a cablevision
facility and related service operations"; be read a third time and enacted and the Corporate Common Seal
affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending the By-Law to create a clew
zoning category (I-2a - Special Heavy Industrial) to permit: (a) all uses now permitted in "1-2" Zones subject
to meeting all prescribed regulations; and in addition (b) an establishment for the landing and take-off of
helicopters including ancillary uses such as repair activities, storage and officers, be read a ,third time
and enacted and the Corporate Common Seal affixed thereto.
"
66
"
'Zoning By-law
'Bayside Drive
,Jos. A. Likely
Ready Mixed Concre
'Zoning By-law
'169-171 Loch Lomond
~Road
'Loch Lomond Villa
'Municipal Plan By=
Law
'Bridge & Hammond Sts
'\J. Fred Williamson
Ltd.
'Committee of the
Whole
'Street closing
,Main Street
'Robertson Square
'S.J. Regional Hos-
pital Board
'David Carlin
'S.J. Regional Hos-
pital Board
'Patrick Darrah
(motion lost)
The by-Law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Gould
.
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, re-zoning a part of the Joseph A. Likely (Ready Mixed Concrete)
property fronting on Bayside Drive, beginning at a point formed by the intersection of the northerly
side line of Bayside Drive with the common line between the Joseph A. Likely property and that presently
held by Union Carbide of Canada Ltd. (which is east of the Red Head Road) and proceeding along the
northerly sideline of Bayside Drive in a northwesterly direction approximately 600 feet, thence turning
northeasterly 'and running parallel to the aforementioned common line between Joseph A. Likely and Union
Carbide Canada Ltd., a distance of approximately 690 feet to the centerline of an existing or previously
existing ditch, thence along the centerline of the said ditch to its intersection with the common line
between the Joseph A. Likely Ltd. property and that of Union Carbide of Canada Ltd., thence southwesterly
along the said common line a distance of approximately 880 feet to the place of beginning, from "1-2"
Heavy Industrial distr.ict to "I-2a" Special Heavy Industrial district, be read a third time and enacted
and the Corporate Common Seal affixed thereto.
1
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
-I
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, rezoning the existing Loch Lomond Villa site and the adjoining
lots to the west now or previously known as 169 and 171 Loch Lomond Road, from "RM-2" High Rise Multiple
Residential to "IL-l" Neighbourhood Institutional district, be read a third time and enacted and the
Corporate Common Seal affixed thereto.
.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future
Land Use Plan (and the North End Neighbourhood Plan) to reclassify the Williamson lot, located at the
corner of Bridge and Hammond Streets from Park and Open Space to Light Industrial -- be read a third
time and enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Councillors Gould, Pye and M. Vincent voting
I
"nay".
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto", was read in its entirety prior to adoption of the above resolution.
Read 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 begs leave to report that it sat on Monday, July 9th, 1979, when there were
present Mayor Davis and Councillors Clark, Elliot, Gould, Knibb, Landers, Murphy, MacCallum, Pye, M.
Vincent and Wayne, and your Committee begs to submit the following recommendations, namely:-
.
1. That as recommended by the City Manager, authority be granted for the necessary advertising
with regard to the proposed closing of certain portions of streets in the vicinity of the end of Main
Street and Robertson Square, as shown on the submitted plan.
2.
John
That as recommended by
Regional Hospital Board for
the Nominating Committee, Mr. David Carlin be re-appointed to the Saint
a term of three years.
16th July, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
-1-
On motion of Councillor MurphY
Seconded by Councillor M. Vincent
RESOLVED that section 1 of the above report be adopted.
During discussion of the above recommendation for the re-appointment of Mr. Carlin to the
Saint John Regional Hospital Board, Councillor A. Vincent had proposed a motion, which was seconded by
Councillor Landers, and later withdrawn, that Mr. Pat Darrah be nominated for membership on the said
Board.
'I
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that section 2 of the above report be referred back to
the Nominating Committee.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Gould,
Knibb, MacCallum, Murphy, M. Vincent and Wayne voting "nay".
.
...
....
67
.
1 'Land Committee
,St . James St.
West
, ,
Cehme Vautour
, Street closing
1 'Land Committee
'James M. McAlli
ter
'J. Ladds Batten
'Prop: Sandy Pt
4IJLand Committee
_ Stephen Wi 11 s
land exchange
1 'Land Committee
114 Orange St
'-Mr & Mrs Kurt
Gantz
"Surrender of
Lease
\ Plan. Adv. Comm
\ .
re-zon1ng
.'Richard Watters
,Ell erdal e St
re-zoning
conditions
I
1 'PI an. Adv. Comm
'Norman W. Fran-
cis Ltd.
, re-zoning
"Somers et St
~Plan. Adv. Comm.
'- re-zoning
'Loyalist Enter-
prises Ltd
'4 Milford Rd
...
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that section 2 of the above report be adopted.
Question being taken, the motion was carried with Councillors Landers, Pye and A. Vincent voting
"na;}r" .
(Councillor Landers withdrew from the meeting)
On motion o~ Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the Legal Department
be instructed to commence proceedings for the closing of that portion of a dead-end at the extreme eastern end
of St. James Street, Saint John West, having an area of approximately 3,000 feet, as shown on the submitted
map, and further, that the closed portion be sold to Mr. Celime Vautour for the sum of $1,000.00 plus all
expenses incurred.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the City purchase
-the property owned by Messrs. James M. McAllister and J. Ladds Batten located on Sandy Point Road in the
Harrigan Lake area, containing approximately 16.5 acres, as shown on the submitted map, for the sum of $7,000.00.
Councillor Wayne stated that she would like Council to be provided with an up-to-date report in
Committee of the Whole on the lands already acquired by the City on Sandy Point Roaft, as well as those lands
the City intends to purchase in this area.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Land Committee advising that Council
by resolution of September 6th, 1977, agreed to exchange lands with Mr. Stephen Wills, 249 Kingsville Road, in
order to improve the street intersection, which resolution mentions that Mr. Wills will exchange a piece of
land, 62 feet in length with a width at one end of approximately 10 inches and 3 feet 8 inches at the other
end, for a piece of Hawtrey Street, 186.5 feet in length, and further advising that the latter dimension
should have read 93.25 feet in length and 2 feet in width, for a total area of 186.5 square feet, and that in
order to transfer this land, it will be necessary to close the 2 foot portion of Hawtrey Street, be received
and filed and as recommended by the Committee, Council authorize the closing of that portion of the south side
of Hawtrey Street from its intersection with Kingsville Road, being 93.25 feet in length and 2 feet in width,
as shown on the submitted map.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Land Committee advising that the
Committee has discussed an application to lease the vacant lot at 114 Orange Street, which lot is now leased
to Mr. and Mrs. Kurt Gantz, who have been contacted and have requested in writing that the lease be cancelled;
and further advising that the Legal Department has prepared a Surrender of Lease for signing by Mr. and Mrs.
Gantz, however, this surrender must be accepted by the Common Council; and recommending that Common Council
re-acquire full title to Lot 735, Queens Ward, by accepting the Surrender of Lease as offered by Mr. and Mrs.
Kurt Gantz -- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to the proposed re-zoning of an area of approximately 450 square feet on the first floor of the south", 0 c"
easterly corner of the high rise building on the southeasterly side of Ellerdale Street, immediately north of
the corner of Margaret Street, from "RM-2" High Rise Multiple Residential to "B-1" Local Business district,
pursuant to an agreement with the City of Saint John setting forth conditions regarding the size and use of
the area, parking, signage, etc. to permit a small convenience store open to the general public, as requested
by Mr. Richard Watters, submitting a report from the Planning Branch which advises that in preparing the
necessary re-zoning sketches and description, staff is having great difficulty in attempting to restrict the
re-zoning to a portion of the existing apartment building which reflects the applicant's proposal, and in
order to give effect to the application and in view of the above difficulties, a different procedure, should be
followed, and it is suggested that the entire property be re-zoned to "B-R" Business Residential subject to an
agreement pursuant to Section 39 of the Community Planning Act, and the Committee grant a variance from the
maximum height regulation of the By-Law to permit the building that has been constructed; and advising that
the Planning Advisory Committee therefore recommends (1) that the Ellerdale high-rise property (L.R.I.S.
Number 378695) be re-,zoned from "RM-2" to "B-R" to permit a convenience store subject to the owner entering
into an agreement with the City pursuant to Section 39 of the Community Planning Act, and (2) that Common
Council not proceed with the previous re-zoning recommendations but advertise the present recommendations --
be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application from Norman W. Francis Ltd. for re-zoning of a parcel of land situate on the south
side of Somerset Street, comprising almost an acre in area and situated immediately adjacent to the company's
existing building which is used for an electrical contracting business, advising that the Committee feels that
the proposed re-zoning is consistent with the types of uses that have developed in the area, and that three
replies all in favour of the application were received as a result of notification provided to the neighbouring
property owners, and the Committee recommends that the application be approved and that the proposal be advertised
-be ,received and.filed and the recommendation adopted.
On motion of Councillor Elliot
Seconded by Councillor,Murphy
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application from Loyalist Enterprises Limited for re-zoning of property situate at 4 Milford
Road, which application proposes that an existing one-storey building formerly utilized for industrial purposes
68
""'IIIl
re-zoning
Loyalist. Enter_.
prises ;Ltd. .
"4. Milford Rd "
'Police Dept.
'City Solicitor
'Plan. Adv. Comm.
, Agreemen t
'Poly Cello Ltd
(morion amended)
'Plan. Adv. Comm.
'Dept. of Public
Works
'Bays ide Drive
street widening
"-- ,- -...; .':"':~~-' ~.
'Plan. Adv. Comm.
'All ten Limited
.. Ragged Point Rd
subdivision pIa
'oS. J. Transit
Commission
\ S. J. Transit
Commission
" Kane I 5 Corner
intersection
'Union, Local 48
,job evaluation
study
'Fred W. Roemmel
'Cherry Brook
Zoo
,Board of
Trustees
and by a trucking firm, be now used as a grocery store and take-out food establishment, advising that
;the Committee would have no objection to permitting such uses but does point out that it received a
letter in opposition from an abutting property owner, and that a letter in support from a resident of
Francis Street was also received; that at the Committee meeting, the applicants indicated that they had
a petition signed by more than two hundred persons in favour of the proposal, and that the Committee
recommends that the site be re-zoned from "RS-2" One- and Two-Family Residential to "B-1" Local Business
to permit the uses set out in the written application, and that such proposes be advertised; and further
advising that the Committee understands that the "B-1" zone would not permit the operation of amusement
machines for profit and is of the opinion that the applicant should be made aware of this -- be received
and filed and the recommendation adopted.
.
During discussion of the above matter, Councillor Murphy stated that he feels the Police
Department should report to Council on the matter of irregularities of the present business at the above
location. Concern was expressed by several Council members over children using amusement machines, and
Councillor Wayne asked that the City Solicitor to report to Council on the possibility of enacting a by-
law to control the use of such amusement machines by children.
1
Question being taken, the motion was carried with Councillors Clark, Green, pye and M. Vincent
voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee
with regard to a resolution of Council of April 23rd, 1979 which adopted a Planning Advisory Committee
recommendation that the Agr~ement between the City and Poly Cello Limited dated October 6, 1978 be
amended so that the Company's proposed silos could be enclosed by a structure consisting of chain-link
fencing on steel posts in the lower portion with the upper portion constructed of vertical wooden
planks with four or five-inch spacing (the original agreement provided that the silos would be enclosed
by a concrete block and steel panel structure); advising that in preparing the amending agreement the
Legal Department has been advised by the Company that it would now request that the top portion of the
silo enclosure be constructed of metal siding (not wooden planks) and the Company is also requesting
that the building plan be amended to permit the construction of a cooling tower approximately 35 feet in
height, which would project about 15 feet above the roof line of the building and would be enclosed with
the same metal siding; and advising that the Planning Advisory Committee recommends that the Agreement
between the City of Saint John and Poly Cello Limited be amended to meet the request of the developer,
that the amending Agreement be prepared by the Legal Department, and that the Mayor and Common Clerk be
authorized execute the said amending Agreement -- be received and filed and the recommendations adopted.
I
.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council assent to the subdivision plan of the Department of Public Works, Government of Canada,
with respect to the widening of Bayside Drive, which subdivision provides for the severing of a .35 acre
parcel from the northerly corner of Bayside Drive and Willett Avenue for vesting in the City as part of
the Bayside Drive realignment. '
I
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee with
regard to the proposal of Allten Limited for subdivision of property on the east side of Ragged Point
Road to create a building lot, recommending that in accordance with Common Council policy, the Development
Officer's approval of the subdivision plan be conditional upon the receipt of $1,000.00 as a contribution
towards the future upgrading of Ragged Point Road, be received and filed and the recommendation adopted.
On motion of Councillor Clark
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Saint John Transit Com-
mission, submitting a report from Mr. Lutz D. Ecker, General Manager, showing a Capital Expenditure
forecast for 1979, be withdrawn from the agenda.
.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Saint John Transit Commission,
submitting a report from Mr. Lutz D. Ecker, Transit Manager, proposing a traffic change at the Kane's
Corner intersection to allow eastbound buses to use the right lane on Thorne Avenue, which would permit
buses to bypass the waiting line of traffic and ease back into the traffic on the other side of the
intersection, and recommending that Council approve this traffic change, be received and filed and the
recommendation adopted.
I
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as per the contract agreement with Civic Employees'
Local Union No. 486, C.U.P.E., the City Manager be instructed to present to Council the names of at
least three firms who are qualified to conduct the agreed job evaluation.
On motion of Councillor Murphy III
Seconded by Councillor MacCallum
RESOLVED that the lette~ from Mr. Fred W. Roemmele, Chairman
of Cherry Brook Zoo of Saint John Inc., advising that in order to broaden their base and make the Board
of Trustees more representative of the citizens, the Board proposes to amend their by-laws to allow each
sponsoring organization to appoint five people to be members of the Company, which means that the City
of Saint John, as a sponsoring organization, can appoint five people whom Council feels will add to the
effectiveness of the Zoo, and advising that from these thirty members, the members will elect a Board of
Trustees numbering fourteen with each sponsoring organization having at least one member on the Board,
which Board will administer the Zoo operations, with the remaining sixteen members serving on the .
committees set up by the Trustees, including management, finance, building, publicity, etc., which will
be chaired by a Trustee with the rest of the committee coming from the remaining sixteen Company mem-
bers, and further advising that they plan to adopt these new by-laws as soon as they are prepared by
their lawyer, which will probably be the first week in August, and they would appreciate the new ap-
pointments by then in order that the new slate of Trustees can be elected at that time -- be referred
for diSCussion by Council in Committee of the Whole.
....
,...
.69
.' R. L. Boyce
HarT1s St. &
, Paradis e Row
1
'Raymond Lloyd
,M. Gerald Teed
Home & School
Assoc.
traffic lights
\ University Ave
& Millidge Av
I
're-zoning
'- Bernard McGrat
'671 Charles St
.'G. C. Mouland
Port of Saint
John
,Howard Green
Trophy
I ' Minister of
Historical
Resources
'City Market
Historic Site
'Nancy E. Clark,
M.L.A.
.... Princess St
.'orange St
-Duke St
, parking
, Councillor
Ell iot
1 'Micha~l Graham
'pet1t10n
, re Armstrong
.c Avenue
1
. (motion.lostO
....
,.> <,",-
.On:m6tion of"Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. R. L. Boyce, advising that as a property
owner and parent he would like to bring to Council's attention once again the traffic situation at the corner
of Harris Street and Paradise Row, and noting that since the new overpass was built, the volume of traffic has
increased substantially, and along with that the number of accidents, and it is his feeling that the most
effective solution would be to close Harris Street between Canon Street and Rockland Road which would maintain
two-way access for the residents of Harris and Canon Streets, and for the funeral home as well, while eliminating
the use of Harris Street as a short-cut, be referred to the City Manager for a report and re~ommendation.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from Mr. RaYmond Lloyd, President of the M.
Gerald Teed Home and School Association, advising that traffic at the intersection of Millidge Avenue and
University/Woodward Avenues has increased to a level which makes it virtually impossible for young children to
cross and get to school at M. Gerald Teed School, particularly during early morning traffic, and the Association..
sees the installation of traffic lights at this intersection as the only practical way of providing a safer
means to allow children to cross Millidge Avenue, and asking that Council give this matter careful consid-
eration, be referred to the City Manager for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that ,the application from Mr. Bernard McGrath for re-zoning of
property known as 671 Charles Street (formerly 59 Catherwood Street) to permit a hairdressing and boutique
shop, be referred to the Planning Advisory Committee for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from Mr. G. C. Mouland, General Manager, Port
of Saint John, with regard to the results of the Dominion Fire Commissioner's 1978 Fire Safety Competition, in
which the Port of Saint John, in competition for the Howard Green Trophy, placed first in Atlantic Canada and
second nationally, advising that this is the third consecutive year our Port has shown well in these activ-
ities~which;recognize'excel}ence:cin fire safety education and performance, and that none of these achievements
would have been possible if it had not been for a very strong ally in the persons of the City of Saint John
Fire Department, whose contribution of expertise, interest, encouragement and enthusiasm left absolutely
nothing to be desired, and extending sincere thanks to the Saint John Fire Department on behalf of all those
connected with the Port of Saint John, and inviting them and Council to share in this substantial recognition
which has come to the Port, be received and filed and Council extend congratulations to Mr. Mouland and all
agencies concerned with the excellent standing maintained at the national level.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from The Honourable Charles Gallagher, Minister
of Historical Resources, advising that the Saint John City Market has been designated as a Provincial historic
site, and that work is progressing on similar recognition of the military sites in Saint John together with
the designation of an ,historic district, be referred to the Market Committee, Historic Sites and Events
Committee, the Fort La Tour Development Authority and th~ Central Business Development Corporation, for their
information.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Nancy E. Clark, M.L.A" bringing to
Council's attention the number of complaints she has received from citizens living on Princess, Orange and
Duke Streets regarding alternate side parking, and asking that Council reconsider this matter for the reasons
outlined, be referred to the City Manager for a report and recommendation.
Councillor Elliot asked that the City Manager look into the matter of several dilapidated and
dangerous properties in the above area, stating that if such buildings were demolished, the vacant land would
provide much-needed off-street parking for the citizens of the area.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Michael Graham, 2259 Armstrong Avenue,
submitting a,petition from residents of Colpitts and Armstrong Avenues, requesting that consideration be given
to the matters of road surfacing of Armstrong Avenue, sewerage, backfilling, and open ditches, as outlined in
the said letter, be referred to the City Manager for a report and recommendation as to what work the City is
prepared to undertake in the area this year.
(Councillor Gould withdrew from the meeting)
On motion o~ Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that no Council meeting be held on Monday, August 6th, 1979,
which is New Brunswick Day.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that a Council meeting be held on Tuesday, August 7th,
1979.
Question being taken, the motion was lost with a majority of the Council members present voting
"nay".
70
""'IIIl
LEGAL SESSION
'John Turnbull
'Expropriation
'forebay
"Nova Scotia
Savings &
Loan Co
'demoiltion
costs
Goodyear
Paving Ltd
"New Brunswick
Electric Power
Commission
, Court ena y Bay
Causeway
Dangerous. &
Dilapidated bldgs.
'Counc. Landers
'Invoices for
payment
"
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that this meeting continue, in legal session.
(All Council members were present during legal session except Councillors Green and A.
Vincent)
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor with regard to
Council's request of July 9th to have Mr. John Turnbull appear before Council respecting his opinion
dealing with the expropriation of lands in the forebay area, advising that Mr. Turnbull is presently on
annual vacation and arrangements will be made to have him appear on July 30th, or as soon as possible
thereafter, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor advising that
several months ago the City commenced an action against Nova Scotia Savings & Loan Company to recover
costs for demolition under the 1925 Saint John Building Act, and the mortgage company did not feel that
they were responsible for demolition costs and opposed the action and as well as for the purpose of
recovering,the cost, the City commenced the action as a test case to have the Court determine the
status of a mortgagee under the Act; further advising that in the meantime, the Company has settled by
forwarding to the City a cheque in the amount of $2,780.00 to cover the demolition costs and have
agreed to pay approximately $150.00 to cover the City's costs in relation to the action; and recom-
mending that the Mayor and Common Clerk be authorized to execute a Release on behalf of the City in
this regard -- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor advising that in
1974 Goodyear Paving Limited, an independent contractor, working under a contract with the City, was
working in the vicinity of the Courtenay Bay Causeway and following completion. of the contract, the New
Brunswick Electric Power Commission discovered damage to its 69,000 volt cables and are now claiming
that the City and/or Goodyear Paving Limited are responsible; further advising that the City was served
with a Writ of Summons in this matter, which has been forwarded to John P. Barry, Q.C., solicitor for
Commercial Union, the City's insurers, and that representatives of Commercial Union have indicated that
the matter falls under the general policy and have indicated that it will be defending the action; and
advising that he will keep Council informed of the outcome of the action -- be received and filed.
On motion
The meeting adjourned.
~.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirtieth
day of July, A. D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Green, Knibb, Landers, MacCallum, Murphy,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, D. Wilson, Deputy Commissioner of Finance,
J. Nugent, Solicitor, M. Zides, Commissioner of Community Planning and
Development, J. Gabriel, Deputy Commissioner of Works, S. Lodhi, Chief
of Technical and Inspection Services, and Building Inspector, C. E.
Nicolle, Director of Recreation and Parks, D. Buck, Deputy Commissioner,
Housing and Renewal Services, G. Soucy, Labour Relations Officer, and
R. Jackson, Deputy Chief of Police
The meeting opened with a prayer which was invoked by the Reverend E. Lloyd Lake, of All
Saints Anglican Church.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that minutes of the meeting of Common Council, held on
July 23rd last, be confirmed.
Councillor Landers stated that he has not as yet received a report regarding the length of
time taken for a legal search regarding a dilapidated and dangerous property under discussion at the
last Council meeting, and he further stated that also at the last meeting he had made an enquiry
regarding pipe which is laying at the side of Loch Lomond Road. Mr. Barfoot replied that the said pipe
is being used in the contract for relining the 10-inch pipe along Loch Lomond Road, which contract was
recently awarded by Council. He advised that no excavation on the Road itself will be undertaken as a
result of this project, and that any excavations required will be done to the side of the said Road.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the list of invoices passed by the Comptroller and
.
1
I
.
I
.
I
I
.
....
,...
71
. 'Counc. Landers
City-owned
" vehicles
1
'Invoices for
payment
I
'Tender-accepte
'Maritime Sod
Ltd
\, Queen Square
'Victoria Square
.'Garbage
collection
,
Prttvate
collectors
I
'Capital
projects
'Que-Mar Const.
'Woodlawn Park
Subd.
.
\, Metro Const Lt 2.
"Loch Lomond Rd
I
'Basic Design 3.
Associates
1 'Queen Square
'Victoria Squar
.
lIo..
paid during the months of May and June, which had been distributed to Council as an information item, be added
to the agenda and considered at this time.
Councillor Landers expressed his concern with the amount in excess of $65,000.00 which was expended
last month by the City in gas, oil and fuel for, City vehicles. He suggested that the City Manager check into
the large number of City-owned vehicles and the use of such vehicles, and determine ways in which such costs
can be reduced. In reply to a query from Councillor Wayne, the City Manager agreed to obtain information on
the Dead River Sales Ltd. firm referred to in the said listing of invoices. During discussion of this item,
Councillor Elliot, stated he feels Council members should abide by procedures previously adopted by this
Council, wherein enquiries were to be made directly to the City Manager, and if the reply received is not
satisfactory, then such items could be placed on the Council agenda by Council members,
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the list of invoices passed by the Comptroller and paid
during the months of May and June, be 'received and filed.
(Councillor M. Vincent entered the meeting).
On motion of Councillor Knibb
Seconded by Councillor Murphy
RESOLVED that' as recommended by the City Manager, the tender of Maritime
Sod Ltd. in the amount of $101,648.00 be accepted for site redevelopment of Queen Square and Victoria Square,
with the excavation price to be negotiated following the tender award and prior to signing of the agreement,
being the lowest tender received.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager and Commissioner of
Engineering and Works advising that subseQuent to Council resolution of December 11th, 1978 requesting that
tenders be called for private garbage collection, and further to Council-staff discussion of June 11th, 1979
in which Council suggested that staff ask each of the private collectors if they would agree to continue on
with the present arrangement at the $2.50 per unit rate, staff have approached the five private collectors and
they have all agreed to continue on with the present arrangement until further notice, and recommending that
the existing five private collectors currently providing collection services in zones 1 to 5 inclusive,
continue said service at the pre-established rate of $2.50 per unit per month until further notice by either
the~, Ci ty orj oneeor callcoLthe contractors -- be received and filed and the recommendation adopted.
Discussion ensued regarding the above recommendation during which Mr. Gabriel stated that the system
being recommended is the most efficient and economical method for the City. He further stated that he accepts
the suggestion of several Councillors that a specified period of notice of termination should be stated in
this regard.
Question being taken, the motion was carried with Councillors Landers and Pye voting "nay". Councillor
Landers stated that he believes the contracts should be called by public tender, noting that this had previously
been ordered by Council.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoice for architectural
services in connection with the following named capital projects:-
1.
Woodlawn Park Subdivision External Services
Que-Mar Construction Ltd.
Total value of contract
Total work done, Estimate Number 7
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 7,
dated July 25, 1979
$ 684,826.00
650,018.94
19,500.57
552,584.10
$ 77,934.27
Loch Lomond Road
Metro Construction (78) Limited
Widening and reconstruction
Total value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 25, 1979
$ 320,509.50
303,301. 32
19,740.71
264,041. 58
4,
$ 19,519.03
Queen Square and Victoria Square
Basic Design Associates
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated July 19, 1979
Nil
$
5,600.00
Regarding the above payment for the Woodlawn Park Subdivision external services, Councillor Wayne
expressed her opposition as the pipe being used is not C.S.A. approved, and could cause problems in the
future. In reply to a query from Councillor A. Vincent, Mr. McDermott stated that the drawings regarding
Queen Square and Victoria Square are available in the Engineering and Works Department if any Councillor
wishes to view same.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be granted
72
"IIIIl
'D.R.E.E. payments
'Greey Mixing Equip.
Ltd.
lHazen Creek Sewage
Treatment Plant
'D. Hatfield, Ltd
'Stephen Const. Co.
'Grove Const. Ltd.
'Keddy Motor Inns Ltd.
'Fenco Consultants
Ltd.
'Eastern Arterial
(motion lost)
,
Counc. Wayne
'Easeern Arterial
'Gravel pits
'J. D. Irving Ltd.
~undy":Bay,Holdings Ltc
Joseph Steele
\
for payment of the following construction progress cert1!"1caoe 1n conneColon W10h ohe I"0~~OW1ng proJecc
that was undertaken under the Department of Regional Economic Expansion programme:-
1.
Hazen Creek Sewage Treatment Plant
Greey Mixing Equipment Ltd.
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 23, 1979
$ 161,248.00
149,304.00
5,598.90
126,908.40
3,
$ 16,796.70
.
On motion of Councillor Murphy
I
Seconded by Councillor Green
RESOLVED that
granted for payment of the following invoices:-
D. Hatfield, Ltd. - Water Dept. (equipment)
Lt _ Works Dept. (equipment)
Stephen Construction Company Limited - (asphalt)
Grove Construction Ltd. - (gravel)
as recorrunended by the City Manager, approval be
June 16-30, 1979 $ 7,303.60
June 16-30, 1979 $ 33,516.88
July 3-13, 1979 $ 76,079.52
June 18":26, 1979 $ 6,538.93
I
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and the Deputy
Commissioner of Housing and Renewal Services, advising that Keddy Motor Inns Ltd. was required to
provide surety in the amount of $100,000.00 to ensure performance of the development of the Main Street
site in conformance with the plans and specifications submitted by the said Company, and Council gave
its approval for the release of the said surety on November 22nd, 1976, in exchange for a deposit of
$10,000.00, which amount would be held until the remainder of the work was completed, which included
(a) the placement of landscaped dividers at the entrance to the Inn, and (b) the enclosing or screening
of the propane gas tanks on the southeastern external wall, and further advising that this work has
been since been completed by Keddy Motor Inns Ltd. and it is recommended that Council release the said
$10,000.00 deposit be received and filed and the recommendation adopted.
.
In replY,to a query of Councillor A. Vincent, Mr. Buck advised that the construction of a bus
shelter was not included in the work to be performed under the above performance deposit, however, such
bus shelter was constructed by Keddy's with the maintenance to be the responsibility of the City.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager and the Commissioner
of Engineering and Works, submitting the report from Fenco Consultants Ltd. concerning the Eastern
Arterial in Saint John, and recommending that the report, which is intended for Council's consumption,
be tabled for further staff in-put and more importantly, a Council teach-in should be arranged at the
next session of Common Council, be received and filed and the said teach-in be held at a time to be
arranged by the Mayor.
I
Discussion ensued on the date the requested teach-in should be held and whether it should be
held in open session or in Committee of the Whole prior to discussion in open session.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that a special Council meeting be held on,Monday,
August 13th, 1979 at 10 o'clock a.m. to discuss the report of Fenco Consultants Ltd. regarding the
Eastern Arterial.
.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot,
Green, Knibb, Landers, Murphy, Pye, M. Vincent and Wayne voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the Mayor arrange the requested teach-in regarding
the report from Fenco Consultants Ltd. concerning the Eastern Arterial.
Prior to question being taken on the above motion, several Council members expressed the view I
that a private teach-in for Council members should be held following which a public presentation should
be made of the said report.
Question being taken, the motion was carried with Councillors Landers, MacCallum and A.
Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor Wayne asking for a
report on when the consultants report regarding the Eastern Arterial will be submitted to Council for
consideration, be received and filed in view of the fact that the said report has now been received by
Council.
I
On motion of Councillor Murphy
Seconded by'Councillor Landers
RESOLVED that as recommended by the City Manager and the Chief
of Technical and Inspection Services, approval be given by Council to the following amounts of performance
bonds for the guarantee of the rehabilitation of the following-named gravel pits, namely: J. D. Irving
Ltd.,' Grandview Avenue pit - $3,000.00;J. D. Irving Ltd., Saint's Rest - $3,000.00; Fundy Bay Holdings
.
~
,....
,
:73
.~ravel pits
I
, .
Zon1ng By-Law
'R.E & J.E.
Friars Ltd
~Foster Thurston
Drive
I
re-zoning
conditions
.'zoning By-Law
"'Cherry Brook
Zoo
Signs
I
,
Committee of
the Whole
Study
'Stevenson &
Kellogg of
. Halifax
'Works Dept.
, City Hall
'Revenue Proper
ties Central
Developments
Ltd
'Market Square
1
'So J. Transit
Comm.
'Leo Pye
Board of
Ditectors of
~Centracare
'Visit~r &
I ~~~~~~~!~n
'Karen McCready
'Eirst.,L.D.H.
"\ Eleanor Sheeha
,Rockwood Park
Advisory Bd
'Peter Friars
Plan. Adv. Com.
'J. D. MacCall
.
lIo..
Ltd., off Latimore Lake Road - $5,000.00; and Joseph' Steele, Green Lake Crescent (Mabee Road) - $5,000.00.
Mr. Lodhi reported verbally on the efforts and progress of his department during the past two years
to regulate gravel pits in the City and stated that it is hoped that the City will soon be in the position of
having all gravel pits, licensed as required. In reply to various queries posed by Council members Mr. Lodhi
advised that there were gravel pits operating in the City in 1978 without permits and without having posted
the required performance bonds, that an application has been received for operation of a City-owned gravel
pit, however, such license has not yet been granted and he is unaware if it 'is still operating, and, in reply
to Councillor A. Vincent's query if the City purchases gravel from unlicensed, gravel pits, Mr. Lodhi gave
affirmative reply. Following further discussion, Mr. Lodhi agreed to prepare a full report for submission by
the City Manager to Council on the status of gravel pit licenses in the City, including those for which no
licenses have been issued.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, re-zoning a parcel of land located on the southerly side of Foster Thurston Drive,
approximately 420 feet west of Ashburn Road and containing an area of approximately 15,000 square feet,
(L.R.I.S. Number 052738) from "RF" Rural to "B-2" General Business district, be read a third time and enacted
and the Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the use of the said
property be restricted to a business office and apartment units in accordance with development plans submitted
by R. E. and J. E. Friars Limited.
The by-law entitl'ed, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns adding the following as a new sub-
section to Section 220, namely: "(a) In a "p" zone, for all permitted uses other than a dwelling, one non-
illuminated, non-projecting sign, identifying the said use shall be permitted adjacent or in proximity to each
entrance subject to the following: (i) each face of a sign oriented to a vehicular entrance shall not exceed
an area of 25 square feet; (ii) each face of a sign oriented to an entrance intended solely for pedestrians
or bicycles shall not exceed an area of 10 square feet; (b) A dwelling in a "p" zone shall be permitted any
sign permitted in an "R" zone." - be read a third time and enacted and the Corporate Common Seal affixed
thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
Read 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 begs to report that it sat on Monday, July 23rd, 1979, when there were present Mayor
Davis and Councillors Clark, Elliot, Gould, Knibb, Landers, MacCallum, Murphy, Pye, A. Vincent, M. Vincent and
Wayne, and your Committee begs to submit the following recommendations, namely:-
1. That as recommended by the City Manager, the firm of Stevenson & Kellogg of Halifax, be engaged to
conduct a detailed review of the Engineering and Works Department, together with recommendations for improving
present and future operations, at an estimated fee, including expenses, of $19,910.00, with such review to be
completed in approximately seven weeks.
2. That Council agree to the improvements and renovations to the City Hall building to be undertaken
Revenue Properties Central Developments Ltd., as outlined in a letter from the said company to the City
Manager, dated July 4th, 1979, at an estimated cost of approximately $500,000.00, with the City to pay an
extra $.34 per square foot for a ten-year period for its share of such expenses.
by
'I:
3. That Council approve an increased budget for the Market Square development from $353,000.00 to
$750,000.00 to cover expenditures to July lst, 1979, such increase to be cost-shared with the Federal and
Provincial Governments.
4. That the fee for members of the Saint John Transit Commission be established as $10.00 per meeting
for members and $15.00 per meeting for the Chairman.
5. That as recommended by the Nominating Committee, Councillor Leo Pye be re-appointed to the Board of
Directors of Centracare.
6. That as recommended by the Nominating Committee, Mrs. Karen McCready be appointed to fill a vacancy
on the Visitor and Convention Promotion Committee for a term to expire December 31st, 1979.
7. That as recommended by the Nominating Committee, Mrs. Eleanor Sheehan be appointed to the Board of
Directors of First L.D.H. Ltd.
8. That as recommended by the Nominating Committee, Mr. Peter Friars be appointed to the Rockwood Park
Advisory Board for a term to expire December 31st, 1979.
9. That as recommended by the Nominating Committee, Councillor John MacCallum be appointed to the
Planning Advisory Committee for the unexpired term of Mr. Lorne Richardson.
30th July, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
74
"IIIIl
,
Market Square
'City Centre Develop-
ment Committee
'Rockwood Park Advis.. C"
Board
,William R. Tippett
'Nominating Comm.
'Rockwood Park Adv.
Board
'Peter Eriars
,William R. Tippett
-Plan. Advis. Corum.
'Agreemen t
'Fundy Cablevision
'Land Committee
'Peter Bardsley
\Prop: Golden Grove
On 'motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that section 1 of the above report be adopted.
Councillors A. Vincent and M. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that section 2 of the above report be adopted.
Councillors MacCallum and A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that section 3 of the above report be adopted.
Discussion ensued between the Council members and Mr. Buck regardin~ t?e process for ap-
proving invoices regarding the Market Square development. Councillor M. Vincent; Chairman of the City
Centre Development Committee, advised Council that this matter is being studied and a procedure invol-
ving the three levels of government will be set up which hopefully will control any problems which
might arise in this regard. He also outlined for the Council members the progress to date of the
Market Square development and stated it is hoped that the cost-sharing for this project will soon be
completed and"the project will become a reality. In reply to a query from Councillor A. Vincent,
Councillor M. Vincent stated that if in fact such cost-sharing has not been arranged with the other two
levels of government within a two-week period he will be bringing the item forward to ,Council again:
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that section 4 of the above report be adopted.
(Councillor Wayne re-entered the meeting)
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that section 5 of the above report be adopted.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that section 6 of the above report be adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that section 7 of the above report be adopted.
Regarding the vacancies on the Rockwood Park Advisory Board, the Common Clerk
Mr. William R. Tippett had been nominated for appointment to the said Board and that he
date that he is willing to accept such ,nomination.
advised that
advised this
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that as recommended by the Nominating Committee, Messrs.
Peter Friars and William R. Tippett be appointed to the Rockwood Park Advisory Board for terms to
expire December 31st, 1979.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that section 9 of the above report be adopted.
.
1
I
.
I
.
Councillor M. Vincent voted "nay" to the above motion, stating that he is opposed to having I
elected representatives as members of the Planning Advisory Committee. Councillor Wayne suggested that "
Council should study this committee and discuss whether it should be composed of only Council members _
or else have no representation from Council.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Planning Advisory Committee,
Council authorize the Legal Department to prepare an agreement with Fundy Cablevision Ltd., providing
for development of its Waterloo Street property to take place in accordance with the Company's proposed
Ltd site and landscape plan, all as provided for under Section 101 of the Community Planning Act, and that
the Mayor and Common Clerk be authorized to execute the said agreement on behalf of the City.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be
granted for the sale of a portion of Golden 'Grove Road, which was recently closed by Council, comprising
approximately 100 square feet, to Mr. Peter Bardsley, prospective purchaser of the Three-Mile 'Tavern,
Rdfor the sum of $3.00 per square foot, plus all expenses incurred in connection with the street closing.
Councillor A. Vincent suggested that the Planning and Buildings Department should look into
I
.
~
,...
, -
~5
\ Counc. A.
Vincent
.
'Land Committee
'Fire Lane
Mrs. Hilaire
, McGraw
...Mr. Wm. Brown
I
'Land Committee
'Fire Lane
'John Doyle
I
, Land Committee
'Frederick Gray
'Eldersley Ave
.
, City Manager
, Chesley Drive
" Premier
\Min of Justice
, & Labour
I 'Industrial
Relations Act
'''Right to Stri
'Cities of N.B.
, Industrial
. Relations Act
,"Right to Stri
properties which encroach on City streets, and he further suggested that the City Manager, in consultation
with the Legal Department, should determine regulations in this regard, in view of the number of requests
received by the Land Committee for the purchase of City property as a result of such encroachments.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City sell that
portion of the fire lane located between Rockcliff and Ridge ,Streets, as shown on the submitted plan, to Mrs.
Hilaire McGraw and Mr. William Brown, respectively, with the purchasers to bear their proportionate share of
the cost of advertising for closing, surveying and legal fees incurred:
AND FURTHER that the City sell the remainder of the said fire lane to the other abutting owners, at
the same terms and conditions as the sale to Mrs. McGraw and Mr. Brown.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the Land Committee, the City sell
that portion of the fire lane, located between Belmont .and Topeka Streets, shown on the submitted plan, to Mr.
John Doyle, with the purchaser to bear his proportionate share of the cost of advertising for closing, surveying
and legal fees incurred:
AND FURTHER that the City sell the remainder of the said fire lane to the other abutting owners, at
the same terms and conditions as the sale to Mr. Doyle.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum'
RESOLVED that as recommended by the Land Committee, the City sell a
parcel of land, consisting of approximately 11,500 square feet on Eldersley Avenue, as shown on the submitted
plan, to Mr. Frederick Gray at a price of $2,300.00, plus all legal and survey costs involved.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the City Manager be requested to have the right traffic
lane on Chesley Drive going west, properly marked for use of cars wishing to turn onto Bentley Street and
Douglas Avenue only.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the Mayor appoint a committee to meet with the Premier
and the Ministers of Justice and Labour to seek changes in Sections 91(5) and 91(6) of the Industrial Relations
Act so that the right to strike will be taken from the Police forces in the Province of New Brunswick, and
they go to binding arbitration as do the firemen.
"
During discussion of the above motion, it was noted that Premier Hatfield announced last week the
of a legislative committee to study collective bargaining in the Province. The Council members
their reasons for being in support, or against, the proposed motion.
formation
expressed
Question being taken, the motion was carried with Councillors Pye, A. Vincent and M. Vincent voting
"nay".
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that a resolution be sent to the President of the Cities of
New Brunswick for the next meeting to be held on September 28th and 29th next, that a committee be set up of
the Mayors of the six cities to seek changes in the Industrial Relations Act to see that the "right to strike"
is removed from the Police forces in the Province of New Brunswick.
"
Question being taken, the motion was carried with Councillors Green, Pye, A. Vincent and M. Vincent
voting "nayll,
Councillor M. Vincent stated that his reason for opposing the above motions is not that he is opposed
to removing the right to strike for police officers, but that he feels this is not the proper way to handle
this matter.
'Counc. A. Vinc t
1
, Police
Commission
1
" Premier
'Committee re
collective
bargaining
\ Counc. Wayne
'Tourist Bureau
.
lIo..
Councillor A. Vincent stated that he will be placing an item on the agenda for the next Council
meeting asking that Council request the Premier to appoint the Chairman of the already-established Police
Commission.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that Council request Premier Hatfield to provide information
immediately on the ,terms of reference of the committee recently announced to study collective bargaining in
the Province, as well as the membership of the said committee, to whom the committee will report, and when.
Councillor Pye voted "nay" to the above motion.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor Wayne requesting information
on the operation of the tourist bureaus at the eastern and western entrances to the City, be received and
filed.
Councillor Wayne referred to correspondence forwarded to Council members for information purposes
containing visitor statistics for the tourism centre located at Prince of Wales, and asked that the City
Manager keep Council up-to-date on the operation of both tourist bureaus referred to above. The City Manager
76
"IIIIl
'Counc. Wayne
'Traffic lanes
~Loch Lomond Rd
'McAllister Drive
'Counc. Wayne
.City Manager
-Glen Falls Flood
Reduction Agreement
'Min. of Environment
'Marsh Creek Flood
Control Agreement
're- zoning
"Millett Coughlan
-Prop: 40 Leinster St
Mrs,' George C.
'Reibling
-Petition
'Rockland Road
'Pet i tion
'Shaw's Lake area
'gravel pit
~oseph A. Likely ~~
,
Bernard J. Reed
'street lighting
,insect problem
,South Bay
'Liquor license
-MBM Club Ltd
,Prop: 204' King St,
West ( t
\
Raydor Limited
re-zoning
366 Somerset St.
'-
agreed, at the request of Councillor A. Vincent, to provide a comparison of the statistics of the Prince
of Wales centre with those for past years of the tourist bureau which was located on Manawagonish Road.
(Councillor Knibb withdrew from the meeting)
Read a letter from Councillor Wayne advising that about a month ago she asked about a left-
hand turn from the intersection of Golden Grove Road onto McAllister Drive and was informed that the
Land Committee was looking at a totally different design concept for traffic at this intersection and
she askes why the City has been paving McAllister Drive before the study of this intersection is completed.
The letter further states that on several occaions in open session she has requested the City Manager to
look into having a right-hand lane from Loch Lomond Road onto McAllister Drive coming in from the airport
and was informed that this would be done, and she would therefore like to be informed when the said
right-hand lane will be completed and put into operations.
Mr. Gabriel stated that the 'Engineering and Works Department was of the oplnlon that Council
had requested the department to look at the traffic control at the intersection of McAllister Drive and
Golden Grove Road, and he advised that a report will be forthcoming to Council in this regard, however
the need at this intersection seemed to be provision of extra- turning lanes, which lanes are basically
the widening of an existing lane - the department does not feel that this work will interfere in any way
with the resurfacing work done this year. Regarding the provision of a righ~-hand lane on Loch Lomond
Road at the intersection of, McAllister Drive, Mr. Gabriel advised that this item was included in the
1979 capital works programme and the department has come up with a plan which does not require addit-
ional land at this intersection, and that the plans were completed last week and hopefully within the
next couple of weeks this work will be completed, and that the installation of a traffic light at this
location will be included in this project.
(Councillors Landers and Knibb re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the above letter from Councillor Wayne be received
and filed.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor Wayne asking that the
City Manager be requested to submit to Council at its next meeting, a time schedule with regard to the
remaining work under the Glen Falls Flood Reduction Agreement, and if any extension on this agreement
are required, that the appropriate meetings be set up with the other two levels of government to seek
this extension, be laid on the table until the next Council meeting in view of the fact that a meeting
will be held on July 31st with the Provincial Minister of Environment to discuss the Marsh Creek Flood
Control programme.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from Mr. Millett Coughlan for re-
zoning of property at 40 Leinster Street to permit used car sales from the unused portion of this
property, be referred to the Planning Advisory Committee for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mrs. George c. Reibling, submitting
a petition from residents and property owners of Rockland Road, and in particular, that portion from the
intersection of Cranston Avenue to Main Street, which petition requests (1) streets and road beds need
to be extensively repaired, a routine of cleaning and sweeping initiated for the summer months, and
plowing in winter which is at least adequate to enable medical or fire equipment to reach the area if
necessary; (2) more adequate police patrols are needed in the area to move along the congregations of
young adults and undesirable types; (3) the City-owned property located at 101 Rockland Road is in need
of upgrading; and (4) that consideration be given to having the area in question designated as a section
of the City eligible either under the N.I.P. or R.R.A.P. programs, or as an area adversely affected as a
result of urban renewal -- be referred to the City Manager for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the petition from residents of the Shaw's Lake
area, opposing the re-opening of a gravel pit owned by Joseph A. Likely Ltd., and previously owned by G.
Willis, and the proposed opening of a gravel pit located on a property adjacent to the above-mentioned
property, 'and listing their reasons for opposing such gravel pits, be referred to the City Manager for a
report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from Mr. Bernard J. Reed, R.R.#7, South
Bay, regarding an insect problem in the area, as well~as xhe culvert at his driveway entrance, and
street lighting in the area, be referred to the ~jty'Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board advising that the Board will hear the application of M.B.M. Club Ltd. for a special premises
(recreational) license for premises located at 204 King Street, Saint John West, and that the hearing
will be held at the hearing room in the Board's premises on the second floor at Prospect Place, 191
Prospect Street,iFredericton, N. B., at 10.00 o'clock a.m. on August 3rd next, be received and filed.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the re-zoning application from Raydor Limited
.
I
I
.
I
.
1
I
.
~
I"""
77
.
, _Nego.tiating
!' C'bhun'ft\~~. ..
I
'Amusement
cent-res
I
.
I
, S. J. District
Refugee'Aid
Assoc, Inc.
'Refugees
.
I'Demolition
'Tender accept e
'paul's Truckin
& Demolition
Co.
... Prop: 35-37
Exmouth St
I
'Tender accepte
Gerald J.
'Ryan Co. Ltd
'Waterm'ain cons
\Stephen Const.
Co. Ltd
.
... Capi tal
proj ects
lIo..
regarding property at 366 Somerset-, 'Street be added to the ,agenda and considered at this time.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the application from Raydor Limited for re-zoning of
property at 366 Somerset Street to permit use of the property as a new and used furniture and applicance and
hardware store, be referred to the Planning Advisory Committee for a report and recommendation.
Regarding the committee to be established to investigate labour negotiations, the Mayor advised that
such committee has been appointed and the first meeting will be arranged as soon as possible.
Councillor Wayne stated that on several occasions she has requested the Legal Department to ascer-
tain whether a by-la~ can be enacted restricting children from using amusement machines, and that such report
has not been received by Council.
On motion
The meeting adjourned.
~
Common Clerk ~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirteenth day
of August, A. D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Green, Knibb, Landers, MacCallum, Murphy,
Pye, A. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. Rodgers, City Solicitor, R. Park, Commissioner of Finance, D. Wilson,
Deputy Commissioner of Finance, M. Zides, Commissioner of Community Planning
and Development, J. C. MacKinnon, Commissioner of Engineering and Works,
J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle, Director of
Recreation and Parks, J. Griffin, Traffic Engineer, P. Clark, Fire Chief,
and R. Jackson, Deputy Chief of Police
Reverend J. R. Humphreys of St. Matthew's Presbyterian Church, offered a prayer which opened the
meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on July
30th last, be confirmed.
At this time the Mayor read a statement signed by Mayors of neighbouring communities, or their
representatives, pledging full support to the Saint John District Refugee Aid Association, Inc., the purposes
of the Association being to provide the world's refugees who come to the Saint John district with the basics
of life, including freedom, human'dignity, and opportunity that citizens already enjoy; to organize and direct
funds, goods and services donated to assist refugees in the Saint John district; and to co-ordinate groups and
individuals sponsoring refugees and to ensure that they are assisted financially when necessary. The Mayor
advised that he has taken the liberty of offering the use of the former City Road armoury building to the
Association for the storage of donations being received, and stated that the City is also offering its expertise
in this regard.
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the Council go on record as supporting the action of Saint
John and the neighbouring communites in assisting the Saint John District Refugee Aid Association, Inc.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that as recommended by the City Manager, the tender of Paul's
Trucking & Demolition Company Ltd., in the amount of $5,500.00, be accepted for demolition of the building
located at 35-37 Exmouth Street, being the lowest tender received.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that as recommended by the City
J. Ryan Company Limited, in the amount of $87,642.00, be accepted for the Water
being the lowest tender received.
Manager, the tender of Gerald
Street watermain construction,
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, approval be granted
for payment of the following invoice:-
Stephen Construction Company Limited - Works Dept.
July 16-31, 1979
$ 99,076.11
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate in connection with the following named capital
project:-
"IIIIl
\
?B
'Que-Mar Const. Ltd.
'Loch Lomond Rd
1.
Loch Lomond Road - Lining of 12-inch watermain
with P.E. pipe
Que-Mar Construction Limited
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated August 8, 1979
$ 73,008.00 .
35,400.00
5,310.00
Nil
1,
$ 30,090.00
On motion of Councillor Murphy
1-
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificate and approved invoice for
engineering services in connection with the following projects that were undertaken under the Depart-
ment of Regional Economic Expansion programme:-
'O.R.E.E.
'Que-Mar Const. Ltd. 1. Bayside Drive Reconstruction and Extension - Phase V
\Bayside Drive Que-Mar Construction Ltd.
Installation of services and
re-alignment of road I
Total value of contract $ 677,000.00
Total work done, Estimate Number 5 688,279.70
Retention 103,241.96
Payments previously approved 495,686.54
Sum recommended for payment, Progress Estimate Number 5,
dated July 31, 1979 $ 89,351. 20
'Godfrey Associates Lt 2. Hazen Creek Sewage Treatment Plant
-Hazen Creek Sewage Godfrey Associates Ltd.
Treatment Plant Engineering services
Payments previously approved $ 555,878.41 .
Sum recommended for payment, Progress Estimate Number 74,
dated July 30, 1979 $ 6,947.71
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to a
letter from Mr. Bernard J. Reed, R.R. #7, South Bay, advising that the swarms of flies referred to by
Mr. Reed have been brought to the attention of the Department of Environment 'who will determine what
action, if any, can be taken, and noting that the City has not become involved in insect control as
matters involving environmental pollution of water and air, or public health, are within Provincial
jurisdiction; further advising that the request to widen the existing culvert On the Johnson Road
cannot be granted as the Johnson Road is a private.road and that the City provides, as a service to
residents, occasional ploughing in winter and grading in summer but this service does not extend to
culvert installation, extension or replacement; and further advising that the final request of Mr.
Reed for street lighting has already been reviewed by the Street Lighting Committee and the light has
now been installed -- be received and filed and Mr. Reed be advised.
'Bernard J. Reed
'insect problem
'Dept. of Environment
'street lighting
'South Bay
I
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the City Manager be asked to submit a report to
Council within one month regarding private roads in the City and the procedure required in order to
have such private roads taken over by the City.
,
Private Roads
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the bid of
Metro Construction (1978) Ltd. be accepted for the supply and placing of 3 ton armour rock required
for the seawall at Anthony's Cove Road and the Courtenay Causeway, in the amount of $9.00 per ton.
"Tender accepted
'Metro Const. (1978)
Ltd
.
'Anthony's Cove Road
'Courtenay Causeway
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard to
the request received by Council from the M. Gerald Teed Home and School Association for traffic lights
at the intersection of Millidge, University and Woodward Avenues, advising that staff has been mOn-
itoring traffic at this location on a regular basis and volumes are approaching a level to warrant
traffic signals and it is anticipated that by 1982, when the Regional Hospital is operational, traffic
volumes on Millidge Avenue will average 19,000 vehicles per day with 11,000 vehicles per day on
University Avenue; further advising that the cost of installation would be $12,000.00, however, equip-
ment deliveries are currently taking between fourteen and sixteen weeks which would not permit installation
this year; and recommending that the installation of traffic signals at the intersection of Millidge
and University Avenues be included in the 1980 capital budget -- be received and filed and the recom-
mendation adopted.
,
M. Gerald Teed Home
& School Assoc.
'Traffic 1 'ghLo
'University Ave &
'Millidge Avenue
- & Woodward Avenue
I
I
On motion of Councillor Murphy.
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard: to
Council's request for a report on the feasibility of reversing traffic operation on Dorchester Street
between Union and Carleton Streets from a northerly to a southerly direction, advising that staff has
consulted with the Proctor and Redfern Group which is currently working on the central business district
revitalization project and it is their contention that reversing traffic operations on Dorchester
Street from a northerly to a southerly flow is desirable in the long term as part of the overall
revisions proposed for traffic movements in the central business development area; further advising
that an immediate change in operational direction would require some curb reconstruction because of
the sharp curve radius on the northwest corner of Dorchester and Union Streets which impedes right
turns from Dorchester Street to Union Street and this additional expense can be avoided if the change
is incorporated into the overall plan; and recommending that present traffic operation on Dor9hester
'Traffic
'Dorchester St
.
~
"""
.
'Nancy E. Clark,
M.L.A.
'Parking
'Orange St
'Princess St
"Duke St
I
1
, Stephen J.
'Petition
'Parking
~ Queen St
.
'Unsightly
Premises
'- Prop: 2207
Ocean Westway
1
, Can. British
Consultants
Ltd.
'Lancaster
Lagoon Phase
"Godfrey Assoc.
Ltd.
.
I
'Lloyd Ginn
'Loch Lomond
Mall
I
"Fourth Lehn-
dorff Canada
Ltd.
.
lIo..
-:: ~ ':
..~<t ',," ....~~.~'~::"~;$_
79
Tee remaln un 1 su me
revitalization project are put into effect -- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager with regard to the
letter received by Council from Nancy E. Clark, M.L.A. for Saint John South, regarding complaints she has
received about parking problems in that area, advising that in the spring of this year, Council eliminated
alternate side parking in this area and designated one side of most streets for parking while prohibiting
parking on .the opposite side in order to improve snow plowing, bus routing and general traffic flow and that,
initially, staff also received many complaints which originated in great part from misconceptions regarding
the legislation or from a general resistance to established patterns; and further advising that some revisions
were made in response to legitimate complaints, however, on the whole, the majority of citizens appear to
accept the changes particularly when they realize that the legislation does not, in fact, eliminate parking
spaces but does remove the confusion and inconvenience associated with alternating parking from one side of a
street to the opposite side on different nights of the week -~ be received and filed.
During discussion of the above matter, Deputy Mayor Elliot noted that at a previous Council meeting
he had suggested that staff examine the possibility of vacant lots being utilized by the citizens for off-
street parking, following demolition of buildings.
Question being taken, the motion was carried with Councillors Clark, Green, MacCallum, Pye and
Wayne voting "nay".
On motion of Councillor Elliot
Barr
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Stephen J. Barry, submitting a
petition from residents of the area of Queen Square, regarding, restriction of parking on the south side of
Queen Street, from Sydney Street to Crown Street, be referred to the City Manager for a report and recom-
mendation.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the Common Clerk serve notice on the owner and occupier
of the property at 2207 Ocean Westway as per provisions of "A By-Law Respecting Dangerous or Unsighty Prem-
ises Within the City of Saint John" requiring the owner and occupier to remedy the dangerous and unsightly
conditions caused by numerous junk cars, truck bodies, automotive parts, variety of other garbage, and
construction materials scattered around the property, and that such dangerous and unsightly conditions are to
be remedied not later than 21 days from the date of service of the notice:
AND FURTHER that should the owner and occupier fail to comply with the notice so sent by the Common
Clerk, the By-Law Enforcement Officer is hereby authorized to enter upon the property and remedy the above
mentioned dangerous and unsightly conditions, with the cost of such remedial action to be recovered from the
owner and occupier:
AND FURTHER that the letter from the City Manager regarding the above matter be received and filed.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager, recommending that
Canadian British Consultants Ltd. be engaged for the study of the Lancaster Lagoon Phase II Expansion, be
received and filed and the firm of Godfrey Associates Ltd. be engaged for the said study.
Considerable discussion ensued regarding the proposed study, during which Mr. MacKinnon outlined
for Council the assessment undertaken by his department of the consultants' proposals received for this
study.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the above matter be laid on the table and the matter
dealt with in Committee of the Whole.
Question being taken, the tabling motion was carried with Councillors Clark, Elliot and Landers
voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager with regard to the
complaint received by Council from Mr. Lloyd Ginn, 142 Virginia Street regarding encroachment by the Loch
Lomond Mall parking lot onto a buffer zone area at the end of Virginia Street, advising that as shown on the
submitted plan, Mr. Ginn's property is immediately adjacent to a property owned by Fourth Lehndorff Canada
Ltd., owners of the Loch Lomond Mall, and that patrons of the Mall are now using this lot for parking which
lot is now covered with gravel and scrub, the curbing and grass originally in this area having been allowed
to deteriorate over the years, however, this property is not within the business zone of the Mall; further
advising that the property should be cleaned up and landscaped and used as a buffer between the Mall parking
and the residential properties on Virginia Street and Bellevue Street -- be received and filed and that the
owners of Loch Lomond Mall be requested to take appropriate steps to prevent parking on this property and to
landscape the area.
The matter of the City becoming involved in matters inVOlving private property owners, and the
question of whether the area referred to by Mr. Ginn was to be used as a buffer zone between the Mall property
and the residential area, was discussed.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table and the City
Manager and City Solicitor provide Council with additional information in this regard.
80 -
..,
'Petition
'Rockland Road
'City-owned buildings
Prince William St.
'Murphy Bldg.
'Municipal Heritage
Preservation Act
l d""€Y'ded H-cc"l J.1 mv
Pj q&
'City-ownen buildings
'Provincial Bldg
\Old Post Office Bldg
Prince Wm. St.
0_-';
---~-
~Preservation Review
Board
'Heritage:Conservatio
Area-Study
'Legal Department
,
re'cost of outside
I egal firms
'amusement. centre::
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the
petition received by Council from owners and tenants of Rockland Road, between Cranston Avenue and
Moore Street, advising that immediate action has been taken in this area by the Police Department by
the placing of foot patrols and by extra checks by patrol cars and surveillance is being stepped up on
known hangouts in the area and traffic violators are being apprehended, and the Deputy Chief of Police
reports that residents are pleased with the overall improvement in the past week. since extra patrols
have been instituted; further advising that one of the contributing factors is the deterioration of
some buildings in the area and the Building Inspector ,reports that there are five properties on which
notices have already been served to owners to have them demolished as dangerous and dilapidated and if
no action is taken by the owners, the matter will be brought to Council; further advising that there
has been no capital construction carried out on streets in this area for some time, in part because of
its urban renewal status, however, estimates will be prepared for the cost of upgrading streets and
should be considered in the capital budget; further advising that the end of Rockland Road between
Moore Street and Main Street is already physically closed to vehicular traffic and Moore Street also
should be blocked off, otherwise this area is provided with a normal local street standard of street
maintenance and snow plowing; and recommending that street improvements be considered in the 1980
capital programme -- be received and filed and the recommendation adopted.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to report to Council
on the existing policy with respect to patrolling of the City by the Police Department, both by patrol
cars and foot patrols.
Read a letter from the City Manager with regard to the City-owned buildings on Prince William
Street advising ,that immediate expenditures are required in order to render the Murphy building safe
without total demolition, and in order to be in a position to obtain funding from other SOurces for the
City's heritage buildings, it is necessary that Council develop a municipal policy on heritage and set
in motion the provisions of the Municipal Heritage Preservation Act.
On motion of Councillor A. Vincent
Seconded by Councillor
Murphy
RESOLVED that the City-owned
demolished by City forces.
property on Prince William Street,
known as the Murphy building, be
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that advice and estimates be obtained for necessary
repairs up to $260,000.00 to the Provincial building, the old Post Office building and other City-owned
buildings in the Prince William Street area, as recommended in the above letter from the City Manager.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, the
following resolution be adopted, namely:-
"WHEREAS the City of Saint John is Canada's oldest incorporated City and as such has a rich
stock of buildings of historical and architectural significance;
AND WHEREAS the older building stock is important to the distinctive appearance and identity
of the City, as well as, an important potential for tourist development;
AND WHEREAS the existing building stock represents an important resource in terms of ma-
terials and workmanship;
AND WHEREAS current economic and demographic trends indicate that renovation may well provide
opportunities for economic growth within the City;
AND WHEREAS it is in the public interest to conserve and exploit these resources rather than
waste them or destroy them:
THEREFORE BE IT RESOLVED that a Preservation Review Board be established, pursuant to the
unicipal Heritage Preservation Act, to make recommendations to Council pertaining to Heritage Re-
sources, and that the Board initiate a Heritage Conservation Area Study to determine whether a heritage
conservation program is feasible in Saint John, and to examine the physical characteristics of the
uptown in order to select part of it for designation as a heritage preservation area.".
Councillor Clark voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor submitting
information requested by Council on the costs of the City's Legal Department annually during the two
ears of office of the present Common Council, as well as the costs paid by the City during that period
o outside legal firms, be referred to legal session and considered at this meeting of Council.
Read a letter from the City Solicitor with regard to recent discussion at several Council
eetings regarding the need for a by-law to regulate places of amusement, advising that he has examined
he minutes of the various Council meetings and can find no clear policy adopted by Council in order to
llow the Legal Department to proceed with the drafting of a by-law and advising for Council's infor-
ation that places of amusement are presently allowed in certain districts within the City under the
Zoning By-Law, however it is not a use permitted as an absolute right but is a conditional use,
meaning that the Planning Advisory Committee may impose reasonable terms and conditions to such use -
of course, the Committee's jurisdiction is limited to the extent that the terms and conditions must be
reasonable and obviously, must relate to the concept of land use, and that this matter has been
.
I
I
.
1
.
I
I
.
....
,...
."'_.v"'..':....t;.".;....-:~ . -
.......""'.,;...'-\::'"..;..;-"8
s ,.....
8,1
~amusement
centre
.
'Theatres,
Cinematograph
& Amusements
Act
I
'Ci ty
Solici tor
1
.
,
Commi ttee of
the Whole
I 'Leo McCluskey
.
I
_I
Land for
public purpos
'.E. May Day
Subdivision
, Leo McCluskey
.
....
discussed by the Planning Advisory Committee on several occasions and the Legal Department has advised the
Committee of its jurisdiction in the matt:er. The l~tter further advises that in the event the Zoning By-Law
and the power of the Planning Advisory Committee is not adequate to control amusement places, Council does
have authority under the Municipalities Act to enact a by-law to regulate and license "billard rooms and pool
rooms, bowling alleys, dance halls, and other places of amusement", as well as the power to regulate and
license "automatic vending machines, problem punch boards or other automatic machines, instruments, contri-
vances, devices or games"; also, there is authority for Council to, enact a by-law under the Municipalities .Act
to provide for the licensing of amusement devices, and there is also a Provincial Statute entitled Theatres,
Cinematographs and Amusements Act which defines "amusement devices"; and further advising that in view of the
various provisions already in existence governing "amusement places" and "devices", and even though there is
authority to enact by-laws under the Municipalities Act, it is important that Council deal with the matter
from a policy point of view, and Council should direct its attention to existing problems arising in the
community so that the Legal Department can determine adequately whether there is existing regulations at the
Provincial and/or local level, and if it is determined that present regulations are not adequate, a by-law
could then be considered which would contain Council's adopted policy.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the above letter be received and filed and Council look
at this matter from a policy point of view and the Legal Department, after investigation, if it finds there is
no existing regulations to cover the situation, prepare a draft, by-law for Council's consideration.
During discussion of the above matter, Councillor Wayne stated she believes a list was given to the
Common Clerk, and in turn to the By-Law Enforcement Officer, of the number of different establishments throughout
the City who now have these amusement machines illegally because the property is not zoned properly, and this
is the problem - we have to find a way to regulate these machines and she would like the City Solicitor to
bring in a policy and give direction to Council in order for the City to keep control of these machines. It
was noted that the age limit of persons using such machines is also a problem. Mr. Rodgers stated that once
he knows Council's concern in this regard, he will examine existing legislation to determine if a by-law is
required by the City. The Mayor noted that the concerns expressed at this meeting concern the proliferation
and establishment of amusement machines in areas not conducive to such centres, as well as the patronage of
such establishments by children.
Question being taken, the motion was carried with Councillors Knibb and Landers voting "nay".
Read 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 begs to report that it sat on Monday, July 30th, 1979, when there were present Mayor
Davis and Councillors Clark, Elliot, Green, Knibb, MacCallum, Murphy, Pye, A. Vincent, M. Vincent and Wayne,
and your Committee begs to submit the following recommendation, namely:-
1. That as recommended by the City Manager and the Commissioner of Engineering and Works, Mr. Leo
McCluskey be granted an extension of service on a retainer basis to the end of August 1979.
13th August, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above report be received and filed and the recom-
mendation contained therein be adopted.
During discussion of the above recommendation, Councillor A. Vincent stated he feels it is the most
serious breach of trust this Council can do towards its pension fund, by paying a person full salary as well
as a full pension. Councillor Landers stated that he spoke against the first extension given to Mr. McCluskey
as he finds it difficult to believe that the City could not find, someone to train for the position formerly
held by this employee. Mr. McDermott noted that Mr. McCluskey has been retained to fill in for vacation
periods during the summer months. The Mayor noted that this person is being retained as a consultant, and
not as an employee, and that the Pension Board was required to pay him a pension on attaining the age of 65.,
Councillor A. Vincent stated he understood Mr. McCluskey was going on fully-paid holidays before the end of
August. Mr. Park advised that Mr. McCluskey has not been an employee since the first of this year, but has
been engaged on a consulting basis, and therefore no payment for his services. would be made for, any period he
does not work. Councillor A. Vincent suggested that the recommendation should be amended to read August 21st
if Mr. McCluskey will not be retained beyond that date.,
Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor
Landers was not present at the Council table when the question was taken on this recommendation.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Committee,
the amount of $424.00 be accepted by the City in lieu of land for public purposes with respect to the proposed
subdivision of property located on the south side of Hillcrest Road by E. May Day.
s
Councillor Wayne voted "nay" to the above motion, stating that the City is not being consistent
regarding the amount to be accepted in lieu of public purpose lands, considering that only $880.00 was
required for 61 lots in the Woodlawn Park Subdivision.
Mr. Leo McCluskey entered the meeting and requested to be heard with respect to a previous item
considered at this meeting regarding an extension of his services with the City.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that Mr. McCluskey be heard at this time.
82
"'IIIl
,
Leo McCluskey
'Anthony's Cove Rd
\
Mr. G. Sharpe
'Plan. Advis. Comm.
'Deferred Widening
By-Law
\ .
re Un10n, Waterloo &
Water Streets
'Land Commi t tee
'Public Works, Canada.
'Land Committee
'Leas e
(j'homas F. Daley
,
Land Committee
Lease
:Joan Parfitt
\
:ounc. Wayne
3len Falls Flood
Damage Agreement
The Mayor stated to Mr. McCluskey that the discussion which took place earlier in this meeting
was not a discussion of Mr. McCluskey personally, but of the question of employees who retire and then
are rehired as a consultant, and whether or not that is the proper procedure to follow. Mr. McCluskey
stated he feels he has been criticized during discussion at this meeting by remarks made by certain
Councillors and he is very disturbed. He felt he should have been notified that this item was to be
discussed at this meeting. Mr. McCluskey spoke at length regarding his service and work while a City
employee, as well as the need for training of employees in order to qualify for more senior positions
within the City's establishment. He advised that he was asked by the City to remain following his
retirement to train someone for his position, and that he will only be working with the City until
August 20th.
The Council meeting recessed at this time and reconvened in open session at 7 o'clock p.m.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee,
the amount of $1,000.00 be accepted by the City towards the cost of ultimately improving Anthony's Cove
Road, with respect to the proposed subdivision of property located on the said Road by Mr. G. Sharpe.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee a
Deferred Widening By-Law relating to Union, Waterloo and Water Streets be enacted to provide for the
widening of these streets as follows: (1) Union Street - the adjoining 15 feet on the northerly side of
the street between Prince Edward and Main Streets; (2) Waterloo Street - the adjoining 20 feet on the
southeasterly side of the street between Union Street and Richmond Street; and (3) Water Street - the
adjoining 30 feet on the westerly side of the street between South Wharf and Duke Street.
.
I
I
Considerable discussion ensued with respect to the question of whether there is a need to
have deferred widening on the portions of the above streets, as recommended by the Planning Advisory
Committee. It was noted that in the staff report accompanying the letter from the Planning Advisory .
Committee it is suggested that the 'previous Deferred Widening By-Law and amendments with respect to the
said streets should be re-enacted until at least such time as Council has reviewed the consultant's
report with respect to the Union and Waterloo Street functions within the traffic pattern of the
Central Business, Common Council having previously authorized such study. During the discussion,
Councillor Wayne proposed a motion, which was seconded by Councillor MacCallum, and later withdrawn,
that the matter be tabled until Council reviews the said consultants report. Mr. McDermott noted that
the report of Proctor and Redfern referred to above, also ,deals with the section of Water Street under
discussion.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the above matter be laid on the table.
Question;being taken, the tabling motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Green
, RESOLVED that as recommended by the Land Committee, the City
accept the offer of Public Works, Canada, to sell to the City approximately 36,983 square feet of land,
described as Parcel MT2-5 and located between Fundy Drive and Buena Vista Avenue, for the sum of
$625.00, and that the City agree to undertake to register the grant and provide Public Works, Canada
wi th a copy of the' registration date: .
AND FURTHER that the City indicate its acceptance of this offer by authorizing the Mayor and
Common Clerk to execute on behalf of the City the offer to purchase presently held by the City Solic-
itor, and by forwarding the signed offer together with a copy of this Council resolution, to Public
Works, Canada.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the City
Daley a 30-foot strip of land located between his property and Taylor Avenue, as
plan, at a rental rate of $300.00 per year, with Mr. Daley to be responsible for
lease to Mr.
shown on the
survey fees,
Thomas F.
submitted
if any:
AND FURTHER that the lease of the said property be on a annual basis with three months'
notice to vacate.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the City
lease the vacant lot at 114 Orange Street, as shown on the submitted plan, to Mrs. Joan Parfitt, for a
period of two years, at a rental of $100.00 per year, with an option to purchase the lot during the
period of the lease for the sum of $2,000.00, and that any rent paid during the term of the lease be
applied against the purchase price of .this property, if such land is purchased by Mrs. Parfitt during
such term.
Question being taken, the motion was carried with Councillors Landers and Pye voting "nay".
Regarding an item on the agenda from Councillor Wayne with regard to the Glen Falls Flood
Damage Agreement, she advised that following a meeting held last week with the Provincial Minister of
the Environment regarding this agreement she was going to have this matter removed from the agenda,
however, in view of flooding problems encountered this date by residents as a result of the storm water
retention facility at Westmorland Grove, which facility she was led to believe had been completed, she
would now request a reply as to when this facility will be completed. Mr. McDermott replied that he
has been advised by the Commissioner of Engineering and Works that there is a total of three weeks work
remaining before the project is completed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED
that the City Manager sub~it to Council ~ t~me
schedulp
('()Y' t.np 1'>pm,-,;'Yl;'Yl~" .,.....,..,~lT -1_._ -,~~ _,_
I
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'" (j';'''~ >~-.,. ;.~.'-:
'L.:"-, -_ . ~.-
83
'Marsh Creek
Floor Damage'
Reduct ion
. Agreement
, Policy
, Parades
-I
\ Dr. R. Turcot e
, Dept. of
Health
'Dept of
Environment
, water supply
1
'counc. Murphy
~'JaCk Desjardins
,Asphal t
"Dominion Park
Road
'Greenhead Rd
street signs
I ~ Church Avenue' '
Over-pass
~
I
I
'Counc. MacCall
'Fire-damaged
" property,
92 Ell iott Row
'Ci ty Manager
'Traffic patter
'C. B.D.
""Leonard Duffy
'BI ue Knight s
.....
schedule for the remaining work to be done under the Marsh Creek Flood Damage Reduction Agreement.
The City Manager noted that the requested information is being supplied to Council under an item in
legal session of this Council meeting.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that when the City Manager obtains information from other
municipalities regarding the conducting or controlling of parades, that he be requested to submit such infor-
mation to Council, with a suggested policy regarding this matter, for consideration by Council.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that officials of the Department of Health and the Department
of Environment be asked to confer with Dr. R. Turcotte, 910 McCavour Drive, to ascertain if there is a problem
with the condition of the water supply, as has been alleged by Dr. Turcotte, and report to Council on appro-
priate action to be taken to rectify this situation.
Councillor Landers, ,st,atedthat, it should be pointed out to citizens that the water supply of Saint
John is tested daily by the Department of Health and that our City is famous for its high quality of water,
,a,ndJ:;le f<cel,s i1;'c}-R, w,rong; to give ,_~;iJiz~n~ the i-mpre~siorl,,,tha1;,our ,p-,rinking,},,,tel7i',is not safe. Councillor
Murphy displayed a filter used by Dr. Turcotte in his water system, and which is discoloured. The Mayor ,noted
that the discolouration of a filter is very natural, however, we can have it analyzed to see just what the
discolouration is caused by, although he is sure it will be found to be caused by natural substances found in
all drinking water. Councillor MacCallum suggested that Dr. Turcotte should take up the matter himself with
the Department of Health.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from Councillor Murphy stating he would like to
commend Mr. Jack Desjardins, Mr. Butler, and their crew of the asphalt plant, for quickly and efficiently
carrying out eighteen minor asphalt repair jobs in various parts of the City which he gave them, several of
which had been oustanding for several years, and stating that as a result of such quick action he has received
many favourable comments which bears out his contention that the City needs a small repair crew to do just
such jobs, and recommending that this commendation of Common Council be expressed to the above-mentioned City
employees -- be received and filed and the recommendation adopted.
Discussion ensued regarding matters placed on the agenda by Council members, and the procedure to be
followed in this regard as well as requests from Council members to staff for action by City employees.
Councillor Murphy noted that he had previously requested that the street name signs be erected at the junction
of Dominion Park Road and Greenhead Road and this has not been done.
Read a letter from Councillor Murphy advising that within the, past two months the following reso-
lutions were adopted by Council regarding the Church Avenue over-pass: (a) that the Engineering and Works
,Department-,furnish, ,the "Lanp. ,Committee and the Legal Department with a list of the land and properties required
for th-i-s proj ect; '(2 lthat the City 'acquire the lands and properties required for this project; and (3) that
the City Manager submit to Council a list of the utilities required to be changed. Councillor Murphy stated
that he would move that the City Manager implement these resolutions of Council without further delay.
Councillor Murphy stated he has two concerns in this regard - about a month ago, in reply to a
question he raised in open Council, the Mayor stated he felt that tenders for this project would be called
before the end of this year, which he hopes will happen" however, he has heard'that this over-pass will be
delayed, and he would like the Mayor to confirm his previous reply to Councillor Murphy regarding the date for
calling of tenders. The Mayor stated that he does not recall making that statement, but if he did, he was
wrong - we have been unable to acquire the monies that we feel the other levels of goverriment should commit to
this project. The City Manager noted that the City will have to obtain U.T.A.P. funds in the future for this
project, and at the present time the U.T.A.P. funds the City has received are being used to construct a
transit garage for the City. Mr. MacKinnon outlined for the information of Council the present status of this
project, and action taken by staff as a result of the resolutions adopted by Council previously, as referred
to in the above letter from Councillor Murphy. He stated that it has been staff's understanding in discus-
sions with the consultants that the project can go out to tender before the end of this year, at which time it
has alwaysebeen staff's recommendation that a decision will be required as to whether this project can be
commenced at that time, depending on funding.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the above letter from Councillor Murphy be received and
filed.
On motion of Councillor MacCallum
Seconded by Councillor Murphy
_ _ RESOLVED that the letter from Councillor MacCallum regarding the fire-
damage property'located at 92 Elliott Row, be laid on the 'table for two weeks and Council be provided with an
up-to-date report on whether demolition of this property has been carried out.
On motion of Councillor ,Elliot
Seconded by Councillor Wayne
RESOLVED that the City Manager submit a report to Council within two
weeks on the study undertaken regarding traffic patterns in the central business district, Council having been
advised at this meeting that the consultant's report has been received by staff.
On motion of Councillor'Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Leonard Duffy, President, Blue
Knights, Inc. N. B. #2, regarding remarks made during the July 30th meeting of Council with reference to
visiting Blue Knights from across Canada and the United States who recently attended the fifth International
Blue Knights Law Enforcement Officers Motorcycle Club convention in Saint John, be received and filed.
84
""IIIl
\Blue Knights
'Hugh H. McLellan
'Snowflake Lime Ltd
'City Manager
'City-owned burners
at Pokiok Rd.
'Police Dept.
~bandoned vehicles
'Donald J. Shea
'C.O.I.L.
'clark Road
.:J:L
Councillor Clark stated he accepts the explanation given to him that the action taken by
those attending the above conference, as referred to by him previously, .was done on an individual
basis, and not through the Blue Knights as a group.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
, RESOLVED that the letter from Mr. Hugh H. McLellan, solici_
tor for Snowflake Lime Ltd. who own a property on the river side of Pokiok Road, up river from the
City-owned burners, advising that his client is concerned that the City has apparently allowed holders
of demolition permits to dump waste material on that property and asking that arrangements be made for
such waste material to be removed and the property restored to its previous condition, be referred to
the City Manager for a report and recommendation.
On motion of Councillor Pye
Seconded oy Councillor Clark
RESOLVED that the Police Department be requested to give special
attention to the property referred to in the above letter, in an effort to apprehend those persons
responsible for the dumping 'of abandoned vehicles on the property.
The matter of the responsibility of the City and/or property owners, in having abandoned
vehicles removed from private property was raised, and .it was suggested that perhaps this matter could
be considered 'by the City Manager for recommendations regarding any changes required in this regard.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Donald J. Shea, President
of Centers Offering Independent Lifestyles Incorporated, regarding access to public buildings, designation
of parking spaces, and ramping of curbs, for disabled citizens, be referred to the City Manager for a
report and recommendation.
On motion of Councillor Murphy
Seconded by Councllor Wayne
RESOLVED that the letter from residents of Clark Road No.2,
Morna, regarding a drainage problem and the matter of paved aprons in the area, be referred to the
City Manager for a report and recommendation.
Oil motion of Councillor Murphy
.
1
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Seconded by Councillor Elliot,
RESOLVED that the letters from the River Road Ratepayers Associa-
'River Road Ratepayers tion regarding public transportation, mobile homes, speed limit zones, the Fire Department agreement
Assoc. with Grand Bay, private roads, heavy transport traffic, and public transportation for senior citizens I
of the area, be referred to the City Manager for referral to the proper departments or agencies for a
report and recommendations.
'Kitchener, Ont.
'Refugees
'Eric L. Teed, Q.C.
're-zoning
'Harold & Pearl Lord
'Prop: Spruce Lake
'Dr. W. Warren Thomp-
son
\re-Zonlng
,Prop: 70 Leinster St
'Traffic lac"
'Counc. A. Vincent
'McAllister Drive
'Three-Mile Tavern
L E ,G A L
S E S S ION
'Legal Dept.
re cost of outside',
,legal .counsel
Councillor Landers voted "nay" to the above motion.
On motion of Councillor MacCallum
Seconded by Councillor Knibb
RESOLVED that the letter from the City of Kitchener advising of
a resolution adopted by the Council of that City regarding the sponsoring of a Vietnamese refugee
family, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Eric L. Teed, Q. C., sub-
mitting an application from Harold and Pearl Lord for re-zoning property located at Spruce Lake to
permit the operation of a wholesale and retail business, be referred to the Planning Advisory Committee
for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the application from Dr. W. Warren Thompson for
re-zoning of property located at 70 Leinster Street to permit a portion of the property to be used for
professional offices, be referred to the Planning Advisory Committee for a report and recommendation.
Councillor A. Vincent referred to a matter he had previously raised, regarding a traffic
problem at the intersection of Golden 'Grove Road, McAllister Drive and Rothesay Avenue. Councillor
ayne noted that Mr. Gabriel had advised Council that an additional lane would be provided on Golden
Grove Road. Mr. MacKinnon stated he understood that this matter was with reference to the question of
hether the City should do something with land in the area of the Three-Mile Tavern, and asking for a
study, which he believed was being undertaken by the Land Committee. Following further discussion, he
agreed to look at the matter and submit a report to Council regarding the suggestion that an additional
traffic lane is required at this location.
On motion of Councillor,Murphy
Seconded by Councillor Wayne
RESOLVED that this meeting continue, in legal session.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor, submitting
information requested by Council on the costs of the City's Legal Department annually during the two
cearsiof office of the present Common Council, as well as the costs paid by the City during that
eriod to outside legal firms, be received and filed.
.
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,...
.~; ..... r:--~F~"~.~~
3.5
.
,A. G. Warwick
Gilbert
Robert N.
- Millett
I
I
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'Rodney J. Gilli -
'-Alpha Place
, Flooding
I
'Crescent Lake
.
'John Turnbull
"Expropriat ion
,Forebay area
'Flood Risk
Area By-Law
I
I
'Marsh Creek
Flood Damage
Reduction
Agreement
.
...
During discussion of the above letter, Mr. Rodgers agreed to'prepare a report on action taken by his
department regarding by-law prosecutions since the appointment of the City's By-Law Enforcement Officer, as
well as a report previously requested by Councillor Landers regarding the length of time taken to have a legal
search completed following a request from the Building Inspector.
Read a letter from Mr. A. G. Warwick Gilbert, solicitor for Mr. Robert N. Millett, advising that on
or about June 27th, 1979 Mr. Millett was suspended as a City employee and member of the Personnel Department
and on June 28th, 1979 it was proposed that Mr. Millett be dismissed, and subsequently a hearing was held
before the City Manager at which time Mr. Gilbert represented Mr. Millett. The letter states that before any
further action is taken, his client is prepared to retire upon payment of an appropriate sum representing
salary loss, pension and other benefits to which he is rightfully entitled and Mr. Gilbert would like to
negotiate the matter with a committee of three persons appointed by Council.
Consideration was also given to a letter from the City Solicitor in this regard, advising that the
power to dismiss, in the case of 'Mr. Millett, rests with the City Manager and any settlement involving public
funds associated with a voluntary resignation should be negotiated by the City Manager and if acceptable to Mr.
Millett would' then'be subj'ect to approval by th~ Council, however, if the City Manager and Mr. Millett cannot
reach a mutual negotiated settlement and dismissal does take place by the City Manager, Mr. Millett then has a
right under the City Government Act to appeal the dismissal to the 'Council, "under such rules of procedure as
it may prescribe, and hear such appeal within 15 days from the receipt of such notice, and act in the matter as
it shall see fit" - thus, it would not be wise for Council to become involved at a time when the matter is
still within the jurisdiction of the City Manager, and that any involvement by the Council which might inter-
fere with Council carrying out its quasi judicial role under the appeal procedures would leave Council open to
criticism by the Courts if Mr. Millett pursues the matter to that level.
Mr. McDermott advised Council that an offer of three months' salary has been made to Mr. Millett for
his voluntary resignation, and that such offer is open for acceptance by Mr. Millett until noon of Wednesday,
August 15th, 1979.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that Mr. A. G. Warwick Gilbert be advised that as this is an
administrative matter, Council does not wish to become involved at this time.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from the City with respect to the letter received
by Council from Mr. Rodney J., Gillis, representing owners of apartment buildings on Alpha Place, University
Avenue, putting the City on notice that it is being held responsible for all flooding to their buildings
resulting from storm drainage coming from the Regional Hospital, advising that the open drainage channel now
constructed along the north side of University Avenue has more than adequate capacity to handle the increased
storm drainage expected from the area of the Regional Hospital, and that the properties at Alpha Place repre-
sented by Mr. Gillis should have no particular concern for the increased storm drainage from the Regional
Hospital area, however, they were built in a low swampy area in the first place and pre-existent natural
conditions could result in flooding of these properties in severe storms; and recommending that Mr. Gillis be
advised that the storm drainage system along University Avenue has been designed to handle the anticipated
increase in storm flows resulting from the construction of the Regional Hospital -- be received and filed and
the recommendation adopted:
AND FURTHER that the suggestions referred to in the above letter regarding installation of a control
structure at Crescent Lake to retain peak flows and thus permit the piped section of Alder Brook to carry storm
flows without overflowing, and regarding the requirement for a 36-inch pipe from the Regional Hospital property
opposite the pumping station to Alder Brook where it passes in a culvert under University Avenue west of Alpha
Place, be explored by staff.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor submitting a letter
from Mr. John Turnbull in connection with the proposed expropriation of the forebay area, together with a copy
of a recent amendment to the Community Planning Act, which letter had been tabled at Council's July 9th meeting
until Mr. Turnbull was heard by Council in this regard, be taken from the table and received and filed, and the
recommendation of the City Solicitor that the Council ask the City Manager in conjunction with his Technical,
Engineering and Planning staff, to bring forward the necessary policy for incorporation into a Flood Risk Area
By-Law, be adopted.
Question being taken, the motion was carried with Councillors Green, Landers and A. Vincent voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding the need to
designate a Flood Risk Area and adoption of a Flood Risk Area By-Law before expropriation of the Courtenay Bay
forebay area can be proceeded with, advising that the first step would be for the City to request the Minister
of the Environment to designate an area within the Marsh Creek watershed to be a Flood Risk Area and while
there may be some difference of opinion as to which area could or should be designated, the City should make
the request of the Minister and then let the boundaries of the designation be worked out according to the legal
requirements; that it will also be necessary for the City to request that the Marsh Creek Flood Damage Reduc-
tion Agreement be extended and that the change in procedure required for the expropriation may mean an exten-
sion of one year is needed for this cause alone, which one year extension will be required in any event in
order that the Marsh Bridge reconstruction can be completed, which is scheduled to start in the spring of 1980
but because of the complexities of utilities in this area and the heavy traffic, will take some eighteen months
to complete; and further advising that the extension of the Agreement will be taken up at the management
committee level and will be brought back to Council for approval in due course, and submitting a report from
the Commissioner of Engineering and Works which summarizes the financial status of the Agreement and a constructiol
schedule, which schedule may have to be modified because of land acquisition problems -- be received and filed '
and the City request the ~inister of Environment to designate a Flood Risk Area.
Councillor A. Vincent voted "nay" to the above motion.
86
'Marsh Creek Flood
Reduction Agreement
,
Marsh Bridge
'Fundy Bay Holdings
,Chittick I s
'Expropriation
'Medena Mae Ryan
'Kelly Lake Reservoir'
, .
'::::-~'(-,:.;.1. I.'"
.; -~
,~~
~_. .5=
ICanteen concessions
'Canadian Police Comba
Pistol Shoot
,
Police Dept.
~ohn G. Diefenbaker
'Death
'Street closing
'Robertson Street
,Reserve Street
'Main Street
'Saint John Tugboat
Co. Ltd.
\J. Fred Williamson Lt .
On motion of Councillor Wayne
Seconded by'Councillor MacCallum
RESOLVED that the City request that the Marsh Creek Flood
Damage Reduction Agreement be extended.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to report to Council
on anticipated completion dates for items (a) to (f) contained in the report submitted with the above
letter from the City Manager regarding the Marsh Creek 'Flood Damage Reduction Agreement, and also
advise Council when plans and specifications for the Marsh Bridge reconstruction will be completed.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the Legal Department be asked to report to Council
on the status of the action between Fundy Bay Holdings and Chitticks, involving the City as a third
party.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor with respect to
the recommendation of the Land Committee regarding the expropriation of the Medena Mae Ryan property
which is required for the Kelly Lake Reservoir, which had been tabled at Council's July 9th meeting,
and which advises 'that in view'of the fact that the expropriation is for flood control it is his
opinion that this area must now be designated by the Minister of Environment and a Flood Control By-
Law enacted and he assumes that the one designation by the Minister will cover both the Courtenay Bay
forebay area and the Kelly Lake Reservoir; and that until the designation takes place and the by-law
enacted, he is recommending that no further action be taken with respect to the commencement of
expropriation proceedings -- be received and filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the copy of a memorandum to the City Manager from
the Director of Recreation and Parks outlining the current procedures for canteen concessions, be
received and filed.
Councillor Landers voted "nay" to the above motion.
On motion
The meeting adjourned.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twentieth
d~y of August, A. D.. 1979, at 7..00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, MacCallum, Murphy, Pye,
A. Vincent, M. Vincent and Wayne
- and -
Messrs.A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
F. Rodgers, City Solicitor, R. Park, Commissioner of Finance, M. Zides,
Commissioner of Community Planning and Development, J. C. MacKinnon,
Commissioner of Engineering and Works, C. E. Nicolle, Director of
Recreation and Parks, S. Lodhi, Chief of Technical and Inspection Services,
and Building Inspector, D. French, Director of Personnel, and J. F. Ross,
Chief of Police
The meeting opened with a prayer which was invoked by The Reverend Dr. Arthur H. Long.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that minutes ,of the meeting of Common Council, held on
August 13th last, be confirmed.
,The Mayor noted that a team from the City's Police Department, coached by Sergeant John
McCarthy, were winners in the Canadian Police Combat Pistol Shoot held recently.
o
On'motion' of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the Council express its condolences to the family of
the late John G. Diefenbaker, former Prime Minister of Canada.
,.,
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The Common Clerk advised that advertising was completed regarding the proposed closing of
portions of Robertson Street, Reserve Street and Main Street. He advised that a letter has been received .
from Mr. Hugh H. McLellan, solicitor for Saint John Tugboat Co. Ltd. and J. Fred Williamson Ltd., ob-
jecting to the proposed street closings for the following reasons: (a) the streets are vital and necessary
means of access for vehicles and equipment to their properties; (b) the proposed alternate narrow streets
and alleys would be inadequate and would greatly diminish the value of his clients properties; and (c) the
City requires all developers to provide access to their properties over 66 foot wide streets and his
clients expect the City to abide by its own rules.
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81
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'Zoning By-law
'Norman W.
Francis Ltd
'Somerset St
"re-zoning
'Plan. Advis.
Comm.
.
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I
(motion lost)
I
'Zoning By-Law
'Loyalist Enter-
prises Co. Ltd.
. Milford Rd
.... re-zoning
...
Mr. McLellan was present at the meeting and advised that his clients, who own very valuable lease-
hold and freehold commercial waterfront properties at the 'end of Main Street and on Robertson Square at
Indiantown, object to the proposed street closings for the reasons cited in his letter to Council. He stated
that access to his clients properties is presently over the streets being the subject. of the proposed closing,
and the width of these streets permits easy access for commercial vehicles to these commercial properties,
especially during the winter months, and his clients would suffer a decrease in the value of their properties
if the proposed street closing was enacted.
During discussion of the proposed street closings, Mr. Barfoot displayed a plan of the area in
question and advised that as stated by Mr. McLellan, the proposed closing will result in rather narrow access
to his clients properties, and that staff further discussed this matter today and conceded that in order to
accommodate the commercial vehicles referred to by Mr. McLellan, the manoeurving area can be expanded within
the existing concept for Robertson Square.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the proposed closing of portions of Robertson Street,
Reserve Street and Main Street be laid on the table for one week to enable Mr. Hugh H. McLellan to meet with
City staff in this regard.
Councillors Gould and A. Vincent voted "nay" to the above motion.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law to re-zone an area of land, comprising approximately 36,967 square feet with a frontage of
255 feet situated on the southerly side of Somerset Street, immediately west of the building occupied by
Norman W. Francis Limited, from "p" Park to "1-1" Light Industrial district, to permit use of the property for
the storage of trailers used in the electrical contracting business, and that no written objections were
received in this matter. It was noted that no person was present to speak either against or in favour of the
proposed re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated July 18th, 1979,
which advises that the Committee feels that the proposed re-zoning is consistent with the types of uses that
have developed in the area, and that three replies, all in favour of the application, were received as a
result of notification provided to the neighbouring property owners. The Committee recommends that the
application be approved.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning an area of land, comprising approximately 36,967 square feet with a
frontage of 255 feet situated on the southerly side of Somerset Street, immediately west of the building
occupied by Norman W. Francis Limited, from "p" Park to "1-1" Light Industrial district, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning an area of land, comprising approximately 36,967 square feet with a
frontage of 255 feet situated on the southerly side of Somerset Street, immediately west of the building
occupied by Norman W. Francis Limited, from "p" Park to "1-1" Light Industrial district, be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that an emergency be declared ,to exist and the said Zoning By-
Law amendment be given three readings at this meeting of Council.
Discussion ensued regarding the proposed motion.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the Council meeting recess for 10 minutes.
Question being taken, the motion was lost, a tie vote having been created with Councillors Gould,
Green, MacCallum, Murphy, Pye and A. Vincent voting "nay".
Question being taken on the proposed state of emergency, the motion was lost with all Council
members present voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the proposed re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law to re-zone an area of land, comprising approximately 36,333 square feet with a frontage of
280 feet, designated as 4 Milford Road, and situated on the northerly side of the street opposite and east of
Francis Street, from "R-2" One and Two-Family Residential to "B-1" Local Business district, to permit use of
the existing building for a grocery store and take-out food establishment by Loyalist Enterprises Co. Ltd.,
and that no written objections were received in this matter. It was noted that no person was present to speak
either against or in favour o~ the proposed re-zoning.
88
""IIIl
, ,
Zon1ng By-law
'take-out food
establishments
'amusement
centres
'Z .
on1ng By-law
'Loyalist Enterprises
Co. Ltd.
,
Prop: 4 Milford Rd
(motion lost')
,
Zoning By-law
'Richard Watters
'Ell erdal e St
, .
re-zon1ng
'Plan. Advis. Comm.
re-zoning
conditions
'Zoning By-Law
text amendment re
'mobile homes
Consideration was given to the letter from the Planning Advisory Committee, dated July 18th,
1979, which recommends that the site be re-zoned to permit the uses set out in the written application,
and advises that the Committee understands that the "B-1" zone would not permit the operation of amuse-
ment machines for profit and is of the opinion that the applicant should be made aware of this. 4It
In reply to a query of Councillor Elliot as to what regulations the City has concerning take-
out food establishments, Mr. Zides stated that there are no regulations or special conditions for such
establishments in the Zoning By-Law. Regarding the matter of amusement machines, Mr. Zides stated that
the applicant made it quite clear that he did not expect the business he was asking approval for could
survive on its own, and the only way he could survive would be to have amusement machlnes, however, Mr.
Zides noted that the "B-1" zoning would 'not permit such machines. During further discussion, Councillor
Wayne asked if the By-Law Enforcement Officer has acted on a list supplied by the applicant for this re-
zoning, of establishments in the City where amusement machines are presently in operation illegally under
the Zoning By-Law. Mr. Zides replied that the By-Law Enforcement Officer has the said list and is
looking into the situation. Regarding the amusement machines which were apparently being used at this
property illegally, Mr. Zides stated that it is his understanding that this store is now closed. It was
noted that if the amusement machines are to be retained then it will be necessary to re-zone the property
to' a "B_2" General Bus"iness zone.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the ,City of Saint John, by re-zoning an area of land, comprising approximately 36,333
square feet with a frontage of 280 feet, designated as4 Milford Road, and situat'ed on the northerly side
of the street opposite and east of Francis Street, from "R-2" One- and Two-Family Residential to "B-1"
Local Business district, be read a first time.
Question being taken, the motion was lost with the Mayor and Councillors Gould, Green, Elliot,
Knibb, A. Vincent and M. Vincent voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the correspondence regarding the above matter be
received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amend-
ment to the Zoning By-Law to re-zone the Ellerdale High Rise property (L.R.I.S. Number 378695) on the
southeasterly side of Ellerdale Street immediately north of the corner of Margaret Street, subject to an
agreement with the City of Saint John pursuant to Section 39 of the' Community Planning Act, from "RM-2"
High Rise Multiple Residential to "B-R" Business Residential district, to permit a small convenience
store open to the general public by Mr. Richard Watters, and that no written objections were received in
this matter. It was noted that no person was present to speak either against or in favour of the pro-
posed re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated July 18th,
1979 which recommends the proposed re-zoning, subject to the owner entering into an agreement with the
City pursuant to Section 39 of the Community Planning Act.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it 'concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning the Elleraale High Rise property (L.R.I.S. Number
378695) on the southeasterly side of Ellerdale Street immediately north of the corner of Margaret Street,
from "RM-2" High Rise Multiple Residential to "B-R" Business Residential district, subject to an agree-
ment with the City of Saint John pursuant to Section 39 of the Community Planning Act, be read a first
time.
Councillors Gould and A. Vincent voted "nay" to the above motion.
Read a first time the by-law entitled, "A Law to Amend' the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
1
I
.c
I
.
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "k Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of I
the Zoning Map of the City of Saint John, by re-zoning the Ellerdale High Rise property (L.R.I.S. Number
378695) on the southeasterly side of Ellerdale Street immediately north of the corner of Margaret Street,
from "RM-2" High Rise Multiple Residential to "B-R" Business Residential district, subject to an agree-
ment with the City of Saint John pursuant to Section 39 of the Community Planning Act, be read a second
time.
Councillors Gould and A. Vincent voted "nay" to the above motion.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint I
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the proposed re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amend-
ment to the Zoning By-Law to amend Parts IV A (RS-IM zone), VB (RS-2M zone), and XXIV A (RfM zone) to
provide permanent status to those mobile homes permitted by Common Council on a temporary basis under the
authority of the Municipalities Act and situated in "RS-IM", "RS-2M" and "RfM" zones, and that no written
objections were received in this matter. It was noted that no person was present to speak either against
or in favour of the proposed amendment.
.
~
""'"
'89
.
'Zoning By-law
,re mobile homes
I
I
.
I
,D. Hatfield Lt
..Stephen Const.
Co. Ltd.
" Capital
projects
'Fenco Consul~
tants Limited
'Eastern Arteri
. 2.
'A.D.L Limited
'-Millidgeville
Sewage Treat-
ment Plant
I
'Que-Mar Const.
Ltd.
'Fairville Blvd.
'Industrial Dr.
,\1olson Ave
'Mountain Rd
Storm sewers
I 'Fairvale Const. 4.
Ltd.
'Rothesay Ave
, Watermain
cons t.
'Master Enter-
. prises Ltd.
Millidge Ave
,,'Seacliff Dr.
Sea Street
'Sewer Main
Const.
....
Consideration was given to the letter from the Planning Advisory Committee, dated July 5th, 1979,
recommending the proposed Zoning By-Law amendment.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", amending Parts IV A (RS-IM zone), V B (RS-2M zone), and.
XXIV A (RfM zone) to provide that: (a) none of the regulations set down in these zones shall apply to mobile
homes permitted by Council on a temporary basis under authority of the Municipalities Act, but that the
regulations for such uses shall be the same as the conditions (if any) attached to the previous approvals; (b)
Section 17 B(2) (c) shall not be applicable to mobile homes erected on lots existing prior to February 18,
1976, having a width of less than 100 feet; and (c) that the provision requiring the placement of a mobile
home so that its length faces the street be not applicable to existing lots in mobile home zones that are less
than 100 feet in width, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", amending Parts IV A (RS-IM zone), V B (RS-3~ zone), and XXIV A
(RfM zone) to provide that: (a) none of the regulations set down in these zones shall apply to mobile homes
permitted by Council on a temporary basis under authority of the Municipalities Act, but that the regulations
for such uses shall be the same as the conditions (if any) attached to the previous approvals; (b) Section
17 B(2) (c) shall not be applicable to mobile homes erected on lots existing prior to February 18, 1976,
having a width of less than 100 feet; and (c) that the provision requiring the placement of a mobile home so
that its length faces the street be not applicable to existing lots in mobile home zones that are less than
100 feet in width, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee regarding
the said Zoning By-Law amendment be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, approval be granted
for payment of the following invoices:-
D. Hatfield, Ltd. - Works Dept. (equipment rental) July 1-15, 1979 $ 39,878.60
Stephen Construction Company Limited
- Works Dept. (asphalt) August 1-5, 1979 $ 28,960.34
Read a letter from the City Manager, recommending payment of the following construction progress
certificates and approved invoices for engineering services in connection with the following named capital
projects:-
1.
Eastern Arterial
Fenco Consultants Limited
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 8,
dated June 30, 1979
$ 43,769.48
$ 11,568.24
Millidgeville Sewage Treatment Plant
A.D.L Limited
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 27,
dated June 30, 1979
$ 85,376.90
$ 2,233.70
3.
Fairville Boulevard, Industrial Drive, Molson Avenue,
Mountain Road Storm Sewer Construction
Que-Mar Construction Limited
Supply and install storm sewers
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated August 15, 1979
54,991. 41
$
65,982.00
75,245.78
11,286.87
8,967.50
$
Rothesay Avenue Watermain Construction
Fairvale Construction Limited
Supply and install approximately 1,800 feet of
10-inch and 12-inch watermain
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated August 15, 1979
$ 82,018.00
87,203.00
13,080.45
Nil
$ 74,122.55
5.
Millidge Avenue, Seacliff Drive, Sea Street
Sewer Main Construction
Master Enterprises Limited
Supply and install sewer mains
Total value' of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated August 3, 1979
$ 71,213.45
64,821. 75
9,723.26
14,558.46
$ 40,540.03
90
.,
'Fairvale Const Ltd.
'(motion lost)'
\
D. R. E. E.
'Hazen Creek Sewage
Treatment Plant
'Fairvale Const. Ltd.
'Tender accepted
'Grove Const. Ltd.
'Demoli tion
153 Main St
\. . . .
C1ty Sol1otor
,Demolition costs
,Tender accepted
'Maritime Sod Ltd
'Forest Hills Little
League Field
On motion of Councillor Wayne
~'..:: ""_n
Seconded_. by ,Councillor', M'. cVincent
RESOLVED that authority be granted for payment of item number 1.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that authority be granted for payment of item number
2.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that authority be granted for payment of item number
3.
As requested, Mr. MacKinnon gave an explanation of the extras involved in the contract referred
to in the above item.'
On motion of Councillor Murphy
Seconded by Councillor Wayne-
RESOLVED that authority be granted fo! payment of item number 4.
Councillor A. Vincent noted that at the June 25th Council meeting he requested that Fairvale
Construction Ltd. supply the names of its employees, and that such request has not been complied with
by the said company.
On motion of Councillor A, Vincent
:_!y~: 0'1 ~ ~ ,~
Seconded by Councillor MacCallum
RESOLVED
Construction Limited regarding the Rothesay Avenue
that payment of Progress Estimate Number 1 to Fairvale
watermain construction, be laid on the table.
Question being taken, the tabling motion was lost, a tie vote having been created with the
Mayor and Councillors Clark, Elliot, Gould, Knibb, andM. Vincent voting "nay".
During discussion as to whether-a company'is required to supply the names of its employees to
the City, Mr. Rodgers stated that there is no legal requirement for such information, however, it is a
reasonable request for the City to make.
Question being taken, the original motion was carried with Councillors Green, MacCallum, Pye,
A. Vincent and Wayne voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that authority be granted for payment of item number 5.
On motion of Councillor Murphy
granted
project
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
for payment of the following construction progress certificate in connection with the following
that was,undertaken under the Department of Regional Economic Expansion programme:-
L
Hazen Creek Sewage Treatment Plant
Contract Number 4
Fairvale Construction Ltd.
Total value of contract
Total work done, Estimate Number 7 (final)
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 7,
dated August 8, i979
.
I
I
.'
I
$ 268,033.00 .
247,948.08
Nil
240,509.64
$ 7,438.44
,On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of
Grove Construction Ltd., in the amount of $1,437.00, be accepted for demolition of the building located
at 153 Main Street, being the lowest tender received.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City Solicitor be requested to report to
Council on the procedure for recovery of demolition costs with respect to buildings ordered demolished
by the City, with any suggested changes he deems necessary.
Councillor A. Vincent voted "nay" to the above motion as the matter was not on the Council
agenda.
On motion of Councillor Green
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the tender
of Maritime Sod Limited, in the amount of $20,960.00, be accepted for landscaping of the Forest Hills
Little League Field, being the lowest tender received.
1
I.
.
~
II"'"
._....~.~. ~"'t"'~'''-'''~.~-:...I'''''~',
91
, Kennington St.
.
'Tender accepte
'Canadian Sal t
Co. Ltd.
'salt
I ~Expropriation
'John Searle
,Park Avenue
I
.
I
.
I
I
.
....
Councillor M. Vincent asked if the street known as Kennington Street extension, which runs past this
ball field is' a recognized City street. Following discussion, Mr. Nicolle advised that the area in question
is located on School Board property and the plans do not indicate this area to be used as a street, and that
the proposed ball field in any event would not be affected by the existing roadway.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that as recommended by the City Manager, the~lowest:tender
received, which includes supply, delivery and stacking of salt, namely, that of the Canadian Salt Co. Ltd., be
accepted for supplying 6,000 tons of salt prior to October 1st, 1979 at a price of $24.28 per ton, and salt',
as required, for the balance of the winter season, at a price of $24.78 per ton.
Read a letter from the City Manager with respect to the report of the Expropriations Advisory Board
regarding expropriation of the John Searle property on the southeastern side of Park Avenue, advising that the
Board recommends the expropriation of an area smaller than was requested by the City which would have the
effect of narrowing up the right-of-way at this point by 6.9 feet, however; the total width is required by the
City in order to provide for an area to pile the snow ploughed off the street in the winter, to provide a
sight distance around the corner, to provide space for a future sidewalk, as well as to provide an area in
which to place street signs and utility poles. The letter states that it is for these reasons that the
recommendation of the Expropriations Advisory Board should not be followed, and the City should proceed to
confirm the expropriation along the original lines. The City Manager advises that the Legal Department has
reviewed the matter and has prepared the proper resolutions should Council accept this recommendation.
Consideration was also given to the report of the Expropriations Advisory Board in this matter, and
to a letter from Mr. and Mrs. John Searle objecting "to the said expropriation.
In reply to a query of Councillor Wayne, who noted that the recommendation of the Exproriations
Advisory Board differs from staff's recommendation regarding the amount of land to be expropriated, Mr.
Rodgers advised that the recommendation of the Board is not binding on the City, however, the matter is
required to go before the said Board as part of the process in an attempt to give persons whose property is
affected an opportunity to have their case presented.
Councillors Gould and M. Vincent withdrew from the meeting.
On motion of Councillor Murphy
Seco~ded by Councillor Green
RESOLVED,thatthe following resolution be adopted, namely:-
"WHEREAS Common Council, by resolution dated the 23rd day of February, A. D. 1976, authorized the
commencement of expropriation proceedings and the filing with the Expropriations Advisory Board of a Notice of
Intention To Expropriate the following described lands and premises;
AND WHEREAS a Notice of Intention To Expropriate the following described lands and premises was
filed with the Expropriations Advisory Board on the 8th day of January, A. D. 1979;
AND WHEREAS a Notice of Objection to the proposed expropriation was filed with the Expropriations
Advisory Board by John H. Searle on the 16th day of February, A. D. 1979;
AND WHEREAS a hearing was held before the Expropriations Advisory Board on the 5th day of June,
A. D. 1979;
AND WHEREAS the Expropriations Advisory Board has submitted its report to Common Council and Common
Council, after considering this report, wishes to confirm the Notice of Intention To Expropriate:
NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention To
Expropriate and does hereby authorize the expropriation of the following described lands and premises and the
registering of a Notice of Expropriation of the following described lands and premises in the Office of the
Registrar of Deeds in and for the County of Saint John:
'All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John,
County of Saint John and Province of New Brunswick, being bounded and described as follows:
Beginning at the intersection of the southeastern side of Park Avenue with the southwestern boundary
of City of Saint John property, said point having N. B. grid co-ordinate values of E. 1 121 667.50; and N.
557625.13; thence on aN. B. grid azimuth of one hundred forty-seven degrees, (147\) forty-four minutes (44')
fifty seconds (50") along the aforementioned southwestern boundary of City of Saint John property, a distance
of fifty and zero tenths feet (50.0') to a point; thence on aN. B. grid azimuth of two hundred thirty-eight
degrees (238\) twenty-nine minutes (29') fifty seconds (50"), a distance of thirty-one and three tenths feet
(31.3') to a point; thence on aN. B. grid azimuth of three hundred twenty-seven degrees (327\) zero five
minutes (05') fifty seconds (50"), a distance of fifty feet (50') to the southeastern side of Park Avenue;
thence on a N. B. grid azimuth of fifty-eight degrees (58\) twenty-seven minutes (27') fifty seconds (50")
along the aforementioned southeastern side of Park Avenue; a distance of thirty-one and nine tenths feet
(31.9') to the place of beginning.
A tract of land containing an area of 1,579 square feet and being shown as Part "A" on a survey plan
showing lands sought to be expropriated from John H. Searle, City of Saint John, New Brunswick, prepared by
Hughes Surveys (1975) Ltd. on September 9, 1976'."
Councillors MacCallum and Wayne voted "nay" to the above motion.
On motion of Councillor Knibb
Seconded by Councillor Murphy
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS Common Council has by resolution immediately preceding these presents authorized the expro-
priation of lands and premises therein described;
AND WHEREAS subsection 22(1) of the Expropriation Act, Chapter E-14, of the Revised Statutes of New
Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises
and occupation as an owner no sooner than ninety (90) days after the date of registration of the Notice of
Expropriation unless an earlier date is agreed to by the occupying owner;
AND WHEREAS the lands and premises described in the resolution immediately preceding these presents
are now occupied by the owners;
92
"IIIl
'Expropriation
1'-'
'John H. Searle
'D. Hatfield, LTd.
I
Grove Const. Ltd.
,
(motion lost)
'Annual Report - 1978
,Office of the City
Manager
'Lancaster Lagoon
Phase II Expansion
IW. H. Crandall &
Associates
Committee of the
Whole
'Council Committee
re Negotiations
'S.J. Policemen's
Protective ~ssoc
'Union, Local 61
NOW THEREFORE Common Council does 'hereby authorize the taking of physical possession by the
City of Saint John, the expropriating authority, of the lands and premises described in the resolution
immediately preceding these presents on the ninety-first (91) day after the date of registration of the
Notice of Expropriation or such earlier date as may be agreed to with owners and serving with a Notice
of Possession upon each owner in occupation of the lands and premises.".
Councillors MacCallum and Wayne voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the report of the Expropriations Advisory Board and
the letter from Mr. and Mrs. John Searle regarding the expropriation of the above described property,
be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that
granted for payment of the following invoices:-
D. Hatfield, Ltd. - Works Dept. (equipment rental)
Grove Construction Ltd. - Works Dept. (gravel)
- Works Dept. (gravel)
as recommended by the City Manager, approval be
July 16-31, 1979
July 16-27, 1979 .
July 3-13, 1979
$ 64,264.10
$ 7.759.15
$ 10,395.11
Councillor Wayne questioned the number of trucks rented with regard to the above invoice
D. Hatfield, Ltd. and suggested that this type of information should be included on the invoices
submitted to Council. Mr. MacKinnon outlined the procedure regarding the processing of payment of
invoices.
from
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the Council meeting recess for 15 minutes so
the requested information can be supplied with 'regard to the above invoices.
Question being taken the motion was lost with the Mayor ,and Councillors Clark, Elliot, Green,
Knibb, Murphy, Pye and Wayne voting "nay".
Councillors Gould and M. Vincent re-entered the meeting.
Further discussion ensued, during which Councillor A. Vincent stated that he wanted to
examine the information supplied "verbally at this meeting by the Commissioner of Engineering and Works.
On motion of Councillor Knibb
Seconded by Councllor Wayne
RESOLVED that the meeting recess for 15 minutes.
Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent
voting ffnay".
Following a recess, the Council meeting resumed.
Question being taken on the motion for payment of the listed invoices, the motion was carried.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the .annual report of the City Manager for 1978, as
prepared by the former City Manager, Mr. Nicholas Barfoot, be received and filed.
Various items contained in the above annual report were "discussed, and staff was asked to
provide Council with statistical information regarding the recovery of demolition costs. Councillor
Clark made reference to a resolution previously adopted that monthly departmental reports of all
departments be submitted to Council, and he noted that 'this information is .not being submitted.
On motion of Councillor Green
Seconded by Councillor Knibb
, RESOLVED that an item with respect to the engaging of consultants
for the Lancaster Lagoon Phase II Expansion, which was considered in Committee of the Whole this date,
be added to the agenda and considered at this time.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that W. H. Crandall & Associates be engaged for the
study of the Lancaster Lagoon Phase II Expansion.
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne
voting "nay".
Read 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 begs to report that it sat on Monday, August 13th, 1979, when there were
present Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Landers, MacCallum, Murphy, Pye, A.
Vincent and Wayne, and your Committee begs to submit the following recommendation, namely:-
1.
That the report of the committee of Council established to examine problems which arose from
.
I
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~
,..
" ~.... ",~.,,"
";.." ';":. ""-.;:'::. it.:;;..~ ~ .
.93
.
,Finance Dept
'Tax rate
"City Manager
, zero hase
budgeting
I
I
'Council
committee
....'Labour relation
'(motion lost)
I
'\ Plan. Advis
Comm.
" Sub-division
By-Law
.
I
I
'-Plan. Advis.
Comm.
'Millett
Coughlan
" Prop: 40
Leinster St
.
"Plan. Advis.
Comm.
, Raydor Ltd
--.I:rop: 366
Somerset St.
lIo..
contract negotiations, advising that since the question of a $3,130.00 wage offer over a two-year period for
the Saint John Policemen's Protective Association, Local No. 61, had been dealt with at a special meeting of
Council after the committee was established, the committee directed its attention to other issues associated
with or arising from the contract negotiations, and the committee recommends that Council (1) establish a
three-man committee of experts to examine and make recommendations concerning the City's labour relations
, especially those involved with the negotiating procedures associated with new labour contracts; (2) instruct
the Finance Department to study agreements signed and project financial implications for the tax rate for
1980; (3) direct the City Manager to have the Commi~sioners and department heads investigate ways of improving
efficiency within their departments and examining in particular departmental policies with respect to overtime
and perquisites not covered by the working agreement; and (4) instruct the City Manager to implement zero base
budgetting for 1980 in as many departments as possible, with the decision concerning the number of departments
to be governed by the costs involved in hiring consultants to implement the plan -- be received and filed and
the recommendations adopted.
20th August, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Elliot.
RESOLVED that the above report be received and filed and the recom-
mendation contained therein adopted.
Considerable discussion ensued with respect to the above recommendations, and with particular reference
to the committee to be established to examine and make 'recommendations concerning the City's labour relations.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the above matter be laid on the table for one week, and
that consideration be given by Council in Committee of the Whole to restructuring of the committee to be
established to examine and make recommendations concerning the City's labour relations.
Question being taken, the motion was lost with the Mayor and Councillors Elliot, Gould, Knibb,
MacCallum, Pye, M. Vincent and Wayne voting "nay".
The size of the above-named committee and the representation on the said proposed committee by
labour representatives was discussed. The Mayor noted that the actual membership of the committee will have
to be discussed by the Nominating Committee.
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that the above matter be laid on the table.
Question being taken, the motion was carried with Councillors Gould, Knibb, MacCallum and Wayne
voting "nay".,
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee sub-
mitting a proposed revised Subdivision By-Law which was prepared by the City's planning staff in consultation
with the City's legal staff, advising that no changes in City policy in respect of services or utility require-
ments or in cost-sharing responsibilities between developers and the City for providing these are involved;
further advising that although the Community Planning Act does not require a public notice or a hearing for
Subdivision By-Laws, the Committee sought public views by sending copies of the draft by-law to the location
construction association and the local section of the Housing and Urban Development Association of Canada, and
also invited public comment by twice inserting a notice in the local newspaper, and no comments were received;
and recommending that Council proceed to enact the proposed new or revised Subdivision By-Law, be received and
filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law to Regulate the Subdivision of Land Within The City
of Saint John" be read a first time.
Read a first time the by-law entitled, "A By-Law to Regulate the Subdivision of Land Within The City
of Saint John".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A By-Law to Regulate the Subdivisior
of Land Within The City of Saint John" be read a second time.
Read a second time the by-law entitled, "A By-Law to Regulate the Subdivision of Land Within The
City of Saint John".
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application of Mr. Millett Coughlan for re-zoning property at 40 Leinster Street to permit the
establishment of a used car lot, advising that consistent with the recommendat'ion of staff and the several
written objections to the proposal, the Committee recommends that the application not be approved, be laid on
the table for one week.
It was noted that additional correspondence has been received with respect to the requested re-
zoning.
'--
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the letter from the Planning Advisory Committee with
respect to the application from Raydor Limited for re-zoning of property at 366 Somerset Street to permit the
94t
~
'(motion lost)
'Plan. Advis. Comm.
'Bernard McGrath
're- zoning
\Prop: 671 Charles St.
re-zoning conditions
'Plan. Advis. Comm.
N. E. Smith Property
'Services Ltd.
'Cedar Glen Apts.
signs
re-zoning conditions
'Land Committee
'Tower Street
'Street closing
\Enoil Ouellette
'Easement
-Land Committee
. Watson St.
'Street closing
PatrickTll.ohlle
'Easement
-l Hsclu,t,,,, MSQ1n .4,,1\
,~,tc 'NoJ c:l~I;1C{ )
,Legal Dept.
,Land Committee
\
Mr & Mrs. Edward
'Bayside Drive
Vladimiro R. &
"Celeste T. Lanca
establishment of a new and used furniture, appliance and hardware store, advising that the Committee
endorses the suggestion of the Planning Branch and recommends that the following action be taken by
Common Council: (1) that a new zoning category ("B-la" Special Local 'Business) be created to permit (a)
all uses permitted in "B-1" zones; (b) an establishment for the sale of new and used furniture, appli- .
ances and hardware providing such activities are conducted wholly within buildings and structures; (c)
all regulations set down in "B-1" zones shall also apply to the uses permitted in "B-la" zones; and (2)
that the property identified as L.R.I.S. Number 047423 be re-zoned from "B_1" to "B-la" -- be received
and filed and the recommendation adopted, and authority be granted to proceed with the necessary ad-
vertising in this regard.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Gould,
Green, MacCallum, Pye, A. Vincent, M. Vincent and Wayne voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
the respect to the application from Mr. Bernard McGrath for re-zoning of property at 671 Charles Street,
advising that while staff have indicated they are unable to support the application, the Committee
recommends that the property situated at 671 Charles Street (L.R.I.S. Number 033332) be re-zoned from
"RM-l" Multiple Residential to'''B-2'' General Business district, subject ,to a resolution pursuant to
Section 39 of the Community Planning Act embodying the following conditions: (a) that the use of the
property shall be restricted to a beauty salon and dress boutique (clothing 'store); (b) that the external
appearance of the existing building on the property shall not be altered; (c) that off-street parking
shall be provided on the easterly portion of the site, and the required parking area shall be improved as
set out in the Zoning By-Law; (d) that vehicular access to the property shall be via Greystone Terrace
only; (e) that a maximum of sixty square feet of non-illuminated fascia signage shall be permitted; and
(f) that all portions of the site not covered by buildings or used for driveways, sidewalks and parking
shall be landscaped with grass and other plant materials -- be received and filed and the recommendation
adopted, and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
advising that the Committee considered a proposal from N. E. Smith Property Services Ltd. for the con-
struction of a 2,400 square foot office and utility storage building at the Cedar Glen Apartments sit-
uated on the south side of University Avenue, and noting that as outlined in the submitted staff report,
the development of the Cedar Glen project is subject to development plans filed with the Common Clerk;
further advising that while the Committee generally supports the proposal, it would point out that a
recent amendment enacted by Council would preclude the erection of third party signs on private property
in residential zones and the applicant has been advised of this' and is prepared to erect his sign on his
property; furthermore, the Committee is concerned that conditions forming part of the original approval,
namely, the recreational facilities, have not been met; and recommendings (1) that Common Council amend
its resolution relating to the re-zoning of the property by permitting the office and maintenance _
building as proposed and the sign so that it is located on the applicant's property, subject to the
condition of Downey's Ltd. and N. E. Smith Property Services Ltd. entering into an agreement with the
City providing for the following: (a) the building shall be used solely for the proposed purpose and when
no longer required for that purpose it shall be removed and the site developed for recreation; (b) that
the exterior of the building shall be constructed so as to complement the apartment buildings and shall
be subject to the approval of the Deputy Commissioner of Community Planning; (c) that the remainder of
the recreation area shall be developed in accordance with revised plans to be submitted to and approved
by the Deputy Commissioner of Planning before a permit is issued for the building or that 'a bond be
posted in an amount sufficient to complete the development within one year from the date of the agree-
ment; and (2) that it be recommended to the Land Committee that permission be granted for the construc-
tion of, a' driveway across City-owned land; and further advising that the Committee has granted variances
respecting the size and illumination of the proposed sign -- be received and filed and the recommen-
dations adopted.
Discussion ensued between the Council members and Mr. Zides regarding land set aside for
recreational purposes in various developments, and the subsequent development of such lands.
Question being taken, the motion was carried with Councillor Clark voting "nay".
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the
portion of Tower Street shown on the submitted plan, containing approximately 30 square feet, be closed
and an easement for the said portion of street be granted to Mr. Enoil Ouellette for the life of the
building which encroaches on the said portion, with Mr. Ouellette to be responsible for all expenses
incurred, and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, a portion
of Watson Street as shown on the submitted plan, containing approximately 450 square feet, be closed and
an easement of the said portion of street be granted to Mr. Patrick Roche for the life of the building
which encroaches on the said portion, for the purpose of building entrance steps to the said property,
with Mr. Roche to be responsible for all expenses incurred, and that authority be granted for the neces-
sary advertising in this regard.
Councillor Elliot noted that the Council had previously requested that the Legal Department
prepare documentation on how the problem of encroachment of properties on City streets can be dealt with.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, Common Council
resolution of January 18th, 1977 authorizing the purchase of approximately 477 square feet of land for
Beck $600.00 from Mr. and Mrs. Edward Beck required for the widening of Bayside Drive, be amended to authorize
the City to purchase the said area of land from Vladimiro R. and'Celeste R. Lanca, under the same terms
and conditions as previously authorized by the said Council resolution.
I
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~
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1
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~
I"""
, 95
4It'Land Committee
~Dept. of Supply
& Services
'N.B. Museum
I
'Land Committee
,Old Post
Office Bldg.
" Lease
'Royal Canadian
Air Cadets
--I
\Annual Report,
1978
'Power Commissio
,.e\S.J. Heritage
Trust Inc.
'Preservation
Review Board
\Heritage Con-
servation Are
Study
'Greendal e
Subdivision
Landscap ,ing
Asphalt
I
'Donna Dufour
, Harbourview
Subdivision
"C.M.H.C.
.
I
'Champlain
Hgts.
"bus service
I
, S.J. -Transit
Commission
.
...
On motion of Councillor Gould
')1, .~::c_~i
Seconded by Councillor A. Vincent
RESOLVED that the letter from the Land Committee advising that the
Committee has been advised by the Provincial Department of Supply and Services that a title defect exists in
the land occupied by the Provincial Museum on Douglas Avenue in that the City obtained title to this parcel of
land in 1928 from the Riverview Park Authority with the intention of transferring it to the Museum, however,
the matter was never finalized, and recommending that the City convey that parcel of land shown on the ~
submitted plan, as originally intended, to the Province of New Brunswick, for the purposes of the Museum, be
received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the fourth
floor of the Old Post Office Building on Prince William Street be leased to the Royal Canadian Air Cadets at'a
rental of $1.00 for one year up to August 1st, 1980, with the Air Cadets to clean and paint the space and to
be responsible for the cost of hooking-up the water and heat, and the rent to be negotiated after August 1st,
1980.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the 1978 Annual Report of the Power Commission of the
City of Saint John, be received and filed.
During discussion of the said annual report, Councillor A. Vincent suggested that in future, the bad
debts of the Commission should be shown in the Commission's annual report.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Saint John Heritage Trust Inc. advising
that the Trust is delighted by Council's recent action to establish a Preservation Review Board and prepare a
Heritage Conservation Area Study, and they look forward to participating in the formation of the said Board
and the creation of the heritage conservation area, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from residents of Greendale Subdivision regarding
the maintenance and upgrading of property between Mollins Drive and McCavour Drive, be referred to the City
Manager for a report and recommendation on corrective action to be taken to clean and grade the area and on
the cost of asphalting and landscaping.
Councillor Elliot suggested that the area may not require landscaping, which would require maintenance
by staff, however, he agreed that a walkway should be provided. Councillor Wayne stated that she has received
several calls from residents of this area regarding a water run-off problem from McCavour Drive onto Mollins
Drive, and she asked that the City Manager also look into this problem as well.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from Mrs. Donna Dufour regarding the condition
of vacant buildings in the Harbourview Subdivision, be received and filed and a meeting be arranged between
the appropriate City staff and representatives of Central Mortgage and Housing Corporation to ascertain what
steps can be taken to resolve the problem referred to by Mrs. Dufour.
The City Manager reported that meetings are being held with Central Mortgage and Housing Corporation
regarding this problem, and a report should be submitted to Council within ten days.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that no Council meeting be held during the week of September
3rd, 1979.
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting "nay".
Councillor M. Vincent asked that an item be placed on the agenda regarding bus transportation to the
Champlain Heights area.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above item be added to the agenda and considered at
this time.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the Saint John Transit Commission report to Council on a
request received from residents of Champlain Heights for bus service for this area, as well as any other areas
the Commission may wish to report on.
Several Council members noted that there are other areas of the City which should also be considered
for improved transit services.
Councillor A. Vincent noted that the Transit Commission was previously requested to report regarding
the purchase of oil from a non-union firm located outside of the Province. Councillor Clark, Chairman of the
Commission, advised that the Commission has never received a Council resolution in this regard, however, such
materials were purchased as a result of a public tender call.
On motion
The meeting adjourned.
~
96
"'Ill
\Murphy Building
'Demolition
'Council minutes
(amended)
\Murphy Bldg.
'Seaman's Mission
Monthly Report
'Recreation & Parks
Dept.
'Petition
,Willie Avenue
\
Mr. R. 1. Boyce
'Harris Street
'Street closing
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
seventh day of August, A. D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park; Commissioner of Finance,
J. Nugent, Solicitor, M. Zides, Commissioner of Community Planning and
Development, J. C. MacKinnon, Commissioner of Engineering and Works,
C. E. Nicolle, Director of Recreation and Parks, S. Lodhi, Chief of
Technical and Inspection Services, and Building Inspector, D. French,
Director of Personnel, J. F. Ross, Chief of Police, and L. Ecker,
Manager of Saint John Transit
Mr. Nicolle offered a prayer which opened the meeting.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that minutes of the meeting of Common Council, held on
August 20th last, ~e confirmed.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that an item with respect to the Murphy building on Prince
William Street be added to the agenda and considered at- this time.
Councillor M. Vincent voted "nay" to the above motion.
Councillor A. Vincent made reference to a previous Council resolution which authorized the
demolition of the building on Prince William Street known as the Murphy building, and advised that such
demolition has been started by City forces, however it is now believed that the building can be saved,
and he would suggest that the previous Council resolution in this regard be changed.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that Common Council resolution of August 13th, 1979 which
authorized demolition of the City-owned property on Prince William Street, known as the Murphy building,
be amended to permit the said building to be repaired.
Councillor Landers stated that he has viewed the building in question and he has no doubt that
it can be saved, but his concern is that if monies are expended on the property, will the City be able to
rent it. The Mayor noted that a developer is interested in this building, as well as the former Seaman's
Mission building, and that is why the change in the previous Council resolution is required.
Councillor Murphy asked that the following items which were supplied as information items, be
added to the Council agenda, namely: the monthly report for July of the Recreation and Parks Department,
and the copy of a letter to the, City Manager from the Director of Personnel regarding Mr. Douglas J.
Guitare. It was the consensus of the Council members that the second item referred to by Councillo~
Murphy would be considered in Committee of the' Whole following the regular Council session.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the monthly report for July of the Recreation and
Parks Department, which had been distributed to the Council members as an information item, be added to
the agenda and considered later in the meeting.
Question being taken, the motion was carried with the Mayor and Councillors Elliot, Gould and
M. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the report from the City Manager and the Commissioner
of Engineering and Works with regard to the petition from residents of Willie Avenue requesting that
consideration be given in the very near future to paving Willie Avenue, advising that there are no funds
allocated for the work referred to in the report for 1979 on either the maintenance or the capital
program and that such work could be considered for 1980, however, recent sewer inspection on Willie
Avenue has shown the need of repairing and replacing some of the sanitary sewers and this work is ex-
pected to be proposed in the 1980 capital program and should precede any paving of the road surface be
received and filed and the matter referred for consideration in the 1980 capital budget programme.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the report from the City Manager and Commissioner of
Engineering and Works with respect to the letter from Mr. R. L. Boyce, suggesting that Harris Street be
closed between Can9n Street and Rockland Road, advising that staff has investigated the area and verified
that entrances to the two buildings located on either side of this portion of Harris Street are off
Rockland Road and closure of the street would not interfere with access to the buildings, and that since
changing traffic operations to either one-way northerly or to one-way southerly would not alleviate the
~roblem entirely, closure of this portion of Harris Street may provide the final solution to excessive
traffic on Harris Street without undue, inconvenience to area- residents; and recommending that .Harris
Street between Rockland Road and Canon Street be closed to through traffic py installing a barrier at
Rockland Road -- be received and filed and the recommendation adopted.
.
1
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. .,:-'.'~ . - ;^.;_.
97
.
Percy Clark
'--Fire Chief
I
'Upper Glen
Falls Reser-
voir
"Opron Maritime
Const. Ltd.
"
-I~
~~(motion lost)
,Eastern
Arterial
I
"Fenco Consul-
tants Ltd.
..)2eferred
Widening By-
Law
"-
"Controlled
Access By-Law
~
'Policy re
, private roads
I
"Street closing
'Robertson St.
'Reserve St
,Main St
III 'Robertson S~ua
Park
~
...
Question being taken, the motion was carried with Councillors Clark, Elliot and'Gould voting "nay".
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that Council congratulate Fire Chief Percy Clark on his
recent appointment as President of the National Association of Fire Chiefs.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice in connection with construction of the Upper Glen Falls Reservoi~:-
1.
Opron Maritimes Construction Limited
Construction of Upper Glen Falls Reservoir
Current approved amount of contract
Total work done, Estimate Number 8
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated August 9, 1979
$ 766,930.22
779,181.42
21,109.03
750,072.39
8,
$ 14,674.63
Councillor Wayne questioned whether the amount of holdback regarding the above contract is suf-
ficient in view of some of the problem that have arisen with this company, as referred to in an item to be
considered in legal session at this meeting.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the above matter be referred for consideration in Committee
of the Whole.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Gould,
Green, Knibb, Landers and A. Vincent voting "nay".
Question being taken, the motion for payment of the said invoice was carried.
(Deputy Mayor Elliot withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager with respect to the
report from Fenco Consultants Ltd. concerning the Eastern Arterial, recommending that the following action be
taken by Common Council, namely: (1) the Fenco report on preliminary engineering for the Eastern Arterial be
taken from the table and received and filed, and the Eastmount Route be adopted as the preferred alignment for
the future Eastern Arterial; (2) the said report be referred to the Planning Advisory Committee to report to
Council on recommended changes in the Municipal Plan to reflect the new alignment for the Eastern Arterial;
(3) following the Planning review of the proposed new alignment, that staff begin the preparation of a Defer-
red Widening By-Law, with the drawings for this By-Law to show all properties and property owners affected by
the right-of-way requirements; (4) that a Deferred Widening By-Law be enacted once the Municipal Plan has been
amended, which will place a direct responsibility on Council to buY a property within the right-of-way if the
owner is not permitted to carry out a development because 'of the City's need for the land for future road
construction (there is a time limit of six months to either purchase the land in this case or to remove the
development restriction); and (5) that a Controlled Access By-Law be enacted at the same time as the Deferred
Widening By-Law in order to restrict access to the future Eastern Arterial -- be received and filed and the
recommendations adopted.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, submitting a list of
private, municipal and Provincial roads within the City of Saint John, and a copy of the policy adopted by
Common Council on October 23rd, 1972 with respect to private roads, be received and filed and those persons
living on private roads in the City who inquire regarding City services, be advised of the conditions necessary
to have these roads taken over by the City and maintained as public streets, and that the services of City
staff be available to assist residents when application is made to have private roads taken over by the City.
(Deputy Mayor Elliot re-entered the meeting)
Discussion ensued with Messrs. MacKinnon and Zides on the conditions for taking over of private
roads by the City, as outlined in detail in the above report.
Councillor M. Vincent voted "nay" to the above motion.
Read a letter from the City Manager with respect to the proposed closing of portions of Robertson
Street, Reserve Street and Main Street, advising that a meeting was held between City Staff, Mr. Hugh H.
McLellan and his clients, who objected to the proposed street closings, and as a result agreement was reached
as to the areas required for access and the areas which could be utilized for expanding Robertson Square. The
letter advises that a revised plan has been prepared abandoning the closure of a portion of Main Street and
Robertson Street and that Mr. McLellan and his clients have said that they have no objections to the City
landscaping a portion of these streets as required for the Robertson Square Park, provided that their proposed
areas for access are paved and that no high retaining walls are built on the street right-of-way; and with
respect to Reserve Street, they have consented to the closing of the portion shaded on the submitted plan.
The letter states that as the area of streets now proposed to be closed is less than in the public notice
there is no need to go through the advertising procedure again because of this change, and it is therefore
recommended that Council abandon the proposed closure of portions of Robertson Street and Main Street, and
proceed with the closure of Reserve Street as shown on the submitted plan.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the above letter be received and filed, and the recommen-
dation contained therein that Council abandon the proposed closure of portions of Robertson Street and Main
Street, and proceed with the closure of Reserve Street as shown on the submitted plan, be adopted:
AND FURTHER that the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
98
"'lIIl
Street closing
Reserve Street
'Tender saccepted:::
-Robertson Square
'Maritime Sod Ltd.
,Stephen J. Barry
'Petition
'Parking ,0_..
'Queen St.
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Munici-
palities Act, R.S.N.B. 1973", with respect to closing of the following highway or portion of highway:
"Reserve Street - All that certain lot, piece or parcel of land situate, lying and being in the
City of Saint John, County of Saint John and Province of New Brunswick, bounded and described as fol-
lows:- '
.
Beginning at a point on the northeastern sideline of Main Street which place of beginning is
sixty-three (63) feet more or less northwesterly from the southwesterly sideline of Bridge Street and
which place of beginning is the southwestern corner of Old Robertson Square, thence northwesterly along
the said northeastern sideline of Main Street a distance of eighty (80) feet more or less, thence northeasterly
and parallel with Bridge Street a distance of seventy-four (74) feet more or less to the southwestern
sideline of Robertson Street (whiCh street is at that place sixty~six (66) feet in width and extends 1
northwesterly from Bridge Street), thence southeasterly a distance of twenty (20) feet, thence easterly a
distance of twenty-three (23) feet, thence southeasterly a distance of forty-two (42) feet more or less
to the northwestern corner of Old Robertson Square, thence southwesterly along the sideline of Old
Robertson Square parallel with Bridge Street a distance of ninety-four (94) feet more or less to the
place of beginning."
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up I
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Munici-
palities Act, R.S.N.B. 1973".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway
".',
or portion of highway: '
"Reserve Street - All that certain lot, piece or parcel of land situate, lying and being in the .
City of Saint John, County of Saint John and Province of New Brunswick, bounded and described as fol-
lows:-
Beginning at a point on the northeastern sideline of Main Street which place of beginning is
sixty-three (63) feet more or less northwesterly from the southwesterly sideline of Bridge Street and
which place of beginning is the southwestern corner of Old Robertson Square, thence northwesterly along
the said northeastern sideline of Main Street a distance of eighty (80) feet more or less, thence north-
easterly and parallel with Bridge Street a distance of seventy-four (74) feet more or less to the south=,csc~~:,
western sideline of Robertson Street (Which street is at that place sixty-six (66) feet in width and
extends northwesterly from Bridge Street), thence southeasterly a distance of twenty (20) feet, thence
easterly a distance of twenty-three (23) feet, thence southeasterly a distance of forty-two (42) feet
more or less to the northwestern corner of Old Robertson Square, thence southwesterly along the sideline
of Old Robertson Square parallel with Bridge Street a distance' of ninety-four (94) feet more or less to I
the place of beginning." -
- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section, 187 of the Munici-
palities Act, R.S.N.B. 1973".
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising that
tenders for landscaping of Robertson Square were received on June 27th, 1979, however, because of the
necessity to close portions of the public streets surrounding the Square, no tender has been awarded and
now that the agreement has been reached with the companies which objected to the proposed closing of
streets, it -is now possible to award tenders for the work; and further advising that the alternative
would be to wait until the legal procedures of the street closing have been completed, but because of the
lateness of the season, the need to complete the Neighbourhood Improvement Program, and the length of
time for which tenders and tender deposits have been held, the better course is to proceed now with the
low tenderer, and once the tender is awarded, some downward adjustments will have to be made to the
contract to accommodate the minor changes made to provide an acceptable access to the abutting property
owners, be received and filed:
.
AND FURTHER that as recommended by the City Manager,_the tender of Maritime Sod Ltd., in the
amount of $127,193.70, be accepted for the landscaping of Robertson Square.
I.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the above matter be laid on the table and staff be
instructed to renegotiate with the lowest tenderer, Maritime Sod Ltd., on the basis of the changes for
his projeCt.
Question being taken, the tabling motion was carried with the Mayor and Councillors Gould,
nibb, Wayne and Pye voting "nay".
I
Councillor M. Vincent asked that Council be supplied at the next meeting with information
egarding the area of Robertson Square to be landscaped.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the report from the City Manager and Commissioner of
ngineering and Works with respect to the letter from Mr. Stephen J. Barry, submitting a petition from
esidents of the area of'Queen Square, regarding restriction of parking on the south side of Queen
treet, from Sydney Street to Crown Street, recommending that existing legislation which prohibits
parking on the south side of Queen Street between Sydney Street and Crown Street remain in effect and
that the petition to institute alternate side parking be denied, for the reasons outlined in the said
report - be received and filed and the recommendation adopted.
.
~
,..
"F '-._{'. t.
~... "","_~..'r-...__ <'"
99
Seconded by Councillor Green
RESOLVED
for payment of'the following invoices:-
'Allied Chemical All].' ed Ch . 1 C d Ltd 1 . 1 .
em1ca ana a . - supp Y1ng ca C1um
Canada Ltd.
.
1
'D.R.E.E.
Question being taken, the motion was carried with Councillors Green, MacCallum, Pye and A. Vincent
voting- "nay" :
On motion of Councillor Murphy
that as recommended by the City Manager, approval be granted
chloride
$ 6,076.95
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate and approved invoice for engineering services
and property surveys in connection with the following project that was undertaken under the Department of
Regional Economic Expansion programme:-
" Dept. 1. Bayside Drive Reconstruction and Extension
of Trans- (a) Province of New Brunswick
portation Department of Transportation
"Bays ide Drive Engineering services and supply of materials
I Payments previously approved $ 352,933.33
Sum recommended for payment, Progress Estimate Number 14,
dated August 22, 1979 $ 9,163.31
,,'Murdoch - Ling I e (b) Murdoch-Lingley Limited
Ltd Payments for property surveys
Payments previously approved $ 32,300.73
Sum recommended for payment, Progress Estimate Number 32,
dated July 31, 1979 $ 36.50
\ Power Commissi
.
'Petition
I
"Petition
'- Shaw' 5 Lake
'Gravel Pit
'\Jos. A. Likely
Ltd.
,
Ping Pong
.
I
I
, Capital
projects
'North End
Community
Centre
'Rocca Const.
Ltd.
.
....
(c) The Power Commission of the City of Saint John
Utility relocation
Payments previously approved
Sum recommended for payment, Progress Estimates
Numbers 9 and 10, dated August 17, 1969
$ 92,743.33
$ 173,968.58
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the report from the City Manager and Commissioner of
Engineering and Works regarding a petition received by Council from residents of Colpitts and Armstrong
Avenues regarding the provision of the following services: (1) installation of sanitary sewage system; (2)
resurfacing of Armstrong Road; (3) storm sewerage systems to replace the present open ditch drainage system;
and (4) installation of a street name sign on Armstrong Street; advising that staff has reviewed the requests
and established approximate costs for the work as outlined and recommending that the matter be referred to the
1980 capital budget committee, with emphasis on an attempt to budget for the sanitary sewer system in 1980,
with associated completion of the street paving in 1981, including ditching improvement works as noted -- be
received and filed and the recommendation adopted.
On motion, of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager with regard to the
petition from residents of the Shaw's Lake area opposing the re-opening of a gravel pit at Shaw's Lake owned
by Joseph A. Likely Ltd. and the proposed opening of a gravel pit at Ping Pong, adjacent to this property,
advising that the Building Inspector reports that the pit at Ping Pong has been processed, does meet all
applicable requirements for a permit, with the final item being the approval of the amount of performance bond
by Council and that the pit lies within the RF zone, which allows gravel pit operations, and noting that these
zones were established some years ago before much residential development took place in the area and possibly
these zones should be reviewed again in light of current housing development; with respect to the pit at
Shaw's Lake, the operation there, including the crushing of gravel, was being carried out illegally and
enforcement procedures have been started and the pit is no longer in operation; with reference to the noise,
trucks, hazard to homes and the effect of a gravel pit on the natural environment, as noted in the petition,
there are regulations which have to be complied with by licensed gravel pits, e.g, that they only operate
between the hours of 7.00 a.m. to 8.00 p.m. with no weekend work and there are also regulations concerning
dust and noise and the performance bond is maintained to ensure that when the operation is complete that no
dangerous and unsightly conditions are left; and further advising that City staff has received utmost co-
operation to date from the applicant for the Ping Pong gravel pit and it is expected that this co-operation
will continue once the permit is issued -- be received and filed.
Councillor Wayne stated it is her understanding that this gravel pit is to be used in connection
with planned port expansion facilities, and she asked what effect such heavy truck traffic will have on the
Golden Grove Road. In reply, Mr. MacKinnon stated that any heavy volume traffic has an affect on City streets,
and it will probably have a greater affect on Golden Grove Road because of the type of roadway it is. During
discussion of the proposed use of this gravel pit and others in the City for the port expansion project, Mr.
Zides advised that Council has the right to alter or extend the hours of operation of gravel pits in the City.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoices for engineering
and architectural services in connection with the following named capital projects:-
1.
North End Community Centre
(a) Rocca Construction Limited
Construction
Total value of contract
Total work done, Estimate Number 10
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 10,
dated August 23, 1979
$ 758,752.00
761,647.69
113,795.49
647,852.20
$ 3,011.08
100
"'lIIl
'Capital Projects
\ North End Communi t y
Centre
'Duschenes & fish
Architects
\ Que-Mar Const Ltd
'Marlin Drive
:Woodhaven Drive
'Dominion Park
'Bell Manor Drive
'Storm sewer
\Northrup, Hachey &
ASsociates Ltd
'Church Avenue
'Zoning By- Law
\Norman W. Francis
Ltd
re-zoning
,
Prop: Somerset St
'Zoning By-Law
'Richard Watters
'Ellerdale St
re-zoning
conditions
'Zoning By-Law
, mobile homes
I
, Subdivision BYeLaw
\ Committee of the
Whole
'Gravel pit
"Rocca Group
"Ping Pong Pit
'S.J. Transit
Commission
'Senior citize'ns
reduced fares
(b) Duschenes & Fish Architects
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 11,
dated August 23, 1979
2.
Marlin Drive, Woodhaven Drive, Dominion Park
Bell Manor Drive - Storm Sewer
Que-Mar Construction Limited
Supply and install storm sewer
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated August 20, 1979
3.
Church Avenue Grade Separation
Northrup, Hachey & Associates Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 10, ,
dated August 23, 1979
On motion of Councillor Murphy
$ 49,509.63
$ 429.71
$ 44,916.00
44,211.86
6,631. 78
28,286.13
$ 9,293.95
$ 39,972.79
$ 14,450.98
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning an area of land, comprising approximately 36,967
square feet with a frontage of 255 feet situated on the southerly side of Somerset Street, immediately
west of the building occupied by Norman W. Francis Limited, from "p" Park to "1-1" Light Industrial, be
read a third time and enacted and the Corporate Common Seal affixed thereto.
.
I
I
.
The 15y'''liiw"centit:J:"ed~ e'~A Law, tcpAmend the"Zoni'ng,By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
-,=-et:eij'o ',-as ro;G..._~. :.:1 .: 1~ s eT~~,i:.~et. - ':::-i 0::- T.O :i:;_O-_~.;~.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto"; insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by rezoning the Ellerdale High Rise property (L.R.I.S. Number
378695) on the southeasterly side of Ellerdale Street immediately north of the corner of Margaret
Street, from "RM-2" High Rise Multiple Residential to "B-R" Business Residential district, subject to an
agreement with the City of Saint John pursuant to Section 39 of the Community Planning Act, be read a
third time and enacted and the Corporate Common Seal affixed thereto.
Councillor Gould voted "nay" to the above motion.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the 'by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", amending Parts IV A (RS-1M zone), VB (RS-2M
zone), and XXIV A (RfM zone) to provide that: (a) none' of the regulations set down in these zones shall
apply to mobile homes permitted by Council on a temporary basis under authority of the Municipalities
Act, but that the regulations for such uses shall be the same as the conditions (if any) attached to the
previous approvals; (b) Section 17 B(2) (c) shall not be applicable to mobile homes erected on lots
existing prior to February 18, 1976, having a width of less than 100 feet; and (c) that the provision
requiring the placement of a mobile home so that its length faces the street be not applicable to
existing lots in mobile home zones that are less than 100 feet in -width, be read a third time and
enacted and the Corporate, Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that third reading of the by-law entitled, "A By-Law to
Regulate the Subdivision of Land Within The City of Saint John", be referred to Committee of the Whole
for reading in its 'entirety.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
report s
Your Committee begs to report that it sat on Monday, August 20th, 1979, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, MacCallum, Murphy, Pye, M. Vincent and
Wayne, and your Committee begs to submit the following reco~endations, namely:-
1. That Council approve the amount of the Performance Bond, namely $5,000.00, that is to be
deposited by the Rocca Group for the year 1979 regarding operation of the gravel pit located at the Ping
Pong property on Golden Grove Road for the guarantee of the rehabilitation of this pit.
2.
That as recommended by the Saint John Transit Commission, senior citizens, 65 years'of age and
1
.
I
I
.
~
I"""
101
'Land Committe for a Quit Claim Deed to the
as previously recommended to
.
\ bus pass
, Identificatio
card
I
I
,,(motion
lost)
.
" Truck
routes
gravel' pi ts
":1
J/
",
"
, Land
Committee
Mrs. Alfred
" Stevens
. Easement
.
1
'Lor?lv1;ille
'Quit Claim
Deed
1
'Land Committe
'Winfield Lane
"Street
closing
'East Coast
Enterprises
'Quit Claim
Deed
"Land Committe
Mr. D. A.
, Massie
...Prop: 251 Kin
St. East
'Wm. E. Joyce
, City Mgr.
.
'Fundy Dr.
"Counc. Murphy
'Lancaster
Baptist
Church
Iil...
over, receive a 50% reduction on Saint John Transit buses and that the difference between the adult fare and
the reduced senior citizens' fare be paid to the Commission by the City as revenue on a monthly basis separate
from the normal transit subsidy:
AND FURTHER that in order to be eligible for the reduced fare, senior citizens must have an identifi='ccc
cation card with a photograph and address of the card holder.
27th August, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the above matter be laid on the table for a report from
the Engineering and Works Department on what routes will be used for the hauling of gravel from the above-
named pit.
Question being taken, the tabling motion was lost with the Mayor and Councillors Clark, Elliot,
Knibb, Pye, M. Vincent and Wayne voting "nay". '
Question being taken, the original motion was carried with Councillors Green, Landers, MacCallum and
A. Vincent voting "nay" ,.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that all pit operators in the City which will be involved in
the planned port expansion facilities be asked 'to supply the City with the routes to be used for the hauling
from such pits.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that section 2 of the above report be adopted.
Moved in amendment by Councillor Clark
Seconded by Councillor Murphy
RESOLVED that the reduced transit fare for senior citizens only apply
to residents of the City of Saint John.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended, was carried.
It was noted that a method for providing the required identification cards will have to be arranged
before the reduced fare comes into effect.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as 'recommended by the Land Committee, authority be granted
for payment of the amount of $1,250.00 to Mrs. Alfred Stevens, being $750.00 for an easement for the con-
struction of the Spruce 'Lake water line, such easement consisting of approximately 8,573.50 square feet of
land, and $500.00 for restoration of property due to construction.
On motion of Councillor A. Vincent
Seconded by
Councillor Green
RESOLVED that as recommended by the Land Committee, authority be
Province of New Brunswick, of streets previously closed in the Lorneville
Council in a letter from the City Solicitor on September 17th, 1977.
granted
area,
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the remaln1ng
portion of Winfield Lane, identified as Lot Number 20 in Block 16 on the plan of the Forest Hills Subdivision,
filed in the Registry Office as File 34, Number 173, be closed, and that upon closure of ,the said lot, the
City issue a Quit'Claim Deed to the developer, East Coast Enterprises, for the sum of $1.00, and that author-
ity be granted for the necessary advertising in this regard.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be granted
for the sale of the freehold interest of the lots known as Lots 6 and 7, Block B, being civic number 251 King
Street East, consisting of 8,112 square feet, for the sum of $3,500.00 to Mr. D. A. Massie.
On motion of Councillor MurphY
Seconded by Councillor Green
RESOLVED that the letter from Mr. William E. Joyce, 417 Fundy Drive, to
Councillor Murphy, regarding a traffic problem at the corner of Dunn Avenue and Fundy Drive, be referred to
the City Manager for a report and recommendation.
Read a letter from Councillor Murphy with regard to the parking lot located adjacent to the Post
Office on Church Avenue, which is owned by the Lancaster Baptist Church and used by the Post Office at no
cost.
102
.,
'Post Office
'Edward Birmingham
\ King Square
':;','
~
--..Ci ty Market
'Counc. M. Vincent
"Loch Lomond Rd
'Deputy Mayor Elliot
'Council policy
'Ci ty Solicitor
'Hunting within
City limits
'Cities of N.B.
'Monthly Repoi't
'Recreation & Parks
Dept.
-(motion lost)
'-,
'--
~
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that Post Office officials be requested to consider paving
of the parking lot which abuts the Post Office property on Church Avenue.
Councillor Murphy read a letter he received from Mr. Edward Birmingham, 8 Topeka Street, regarding
the use of bicycles and skateboards on the walkways and grass in King Square, as well as loitering in the
Burial Ground.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the by-laws regarding the use of bicycles and
skateboards on the walkways and grass in King Square, as well as loitering in the Burial Ground, be
enforc ed..
Several Council members expressed the opinion that such a resolution is unnecessary, as all
City by-laws should be enforced.
Question being taken, the motion was carried with Councillors Elliot, Gould, Landers, Mac-
Callum, M. Vincent and Wayne voting "nay".
On motion of Councillor Pye
Seconded by Councillor Wayne
RESOLVED that the suggestion of Councillor Pye that the Council
allocate the sum of $50,000.00 annually for the purpose of renovating and repairing the City Market
building, be referred to the City Manager for a report and recommendation.
Read a letter from Councillor M. Vincent with regard to the unfinished portion of Loch Lomond
Road between Blindman's Lake and Charles Street, advising that he has discussed this matter in detail
with the Engineering and Works Department and has received the answer as to why this area has not been
completed, however, he would like to have this matter explained before open Council so that the residents
could be advised as to the reason this section of road has not been completed. 'During discussion of this
matter, Councillor M. Vincent stated he was advised by the Engineering and Works Department that due to
the fact that Blindman's Lake periodically causes flooding which affects some of the surrounding prop-
erties, and in order to control this, staff contemplates installing a run-off pipe across Loch Lomond
Road, the said paving of this section of Loch Lomond Road is being delayed. Mr. MacKinnon concurred with
the remarks of Councillor M. Vincent.
On motion of ,Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the above letter be received and filed.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the letter from Deputy Mayor Elliot advising
that since procedures presently used by Common Council are such that the amount of time available for
discussion on policy matters is limited, and since Council has already adopted recommendations on pro-
cedures designed to overcome this difficulty, he recommends that Council implement the recommendations
and changes in September, be received and filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the City Solicitor be requested to investigate the
matter of hunting within City limits and prepare for Council's consideration a by-law with regard to
controlling hunting in the City limits, if such a by-law can be enacted by the City, or if necessary,
report to Council on what steps should be taken to have existing Provincial legislation in this regard
updated. '
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the ,matter of hunting within designated areas of a
municipality be considered at the forthcoming meeting of the Cities of New Brunswick.
Consideration was given to the monthly report for July of the Recreation and Parks Department,
which had been added to the agenda earlier in this meeting. .
On motion of Councillor Murphy
.
1
I
.
I
.
1
Seconded by Councillor Clark
RESOLVED that the, above report be received and filed and the
Recreation and Parks Department be congratulated on the said report, and that all monthly departmental I
reports be included as items on the regular Council agenda, rather than being distributed for information
purposes only.
(Councillor Landers withdrew from the meeting)
Question being taken, the motion was lost with Councillors Elliot, Gould, Green, Knibb,
MacCallum, Pye and M. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that this meeting continue, in legal session.
.
....4
,.
~
.... .~-- "
".'':,. . '.~
1.03
( ;..
LEG A L
S E S S ION
(Councillor Landers was present during legal session)
.
'Fun-dy Bay
Holdings
\Opron
Mari time
Construction
Ltd.
1
'Upper Gl en
Falls Reser-
voir
I
'Writ of
Summons
\ Victoria
Arthur M.
Scott
, City Solicitor
'C.M.H.C.
'-R.R.A.P.
.
I
,
.
" Port
expansion
1
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor supplying infor-
mation as previously requested by Council in connection with a Mechanic's Lien action by Fun-Dy Bay Holdings
Ltd. regarding the supply of materials to Opron Maritime Construction Ltd., which firm was performing work for
the City in the Upper Glen Falls Reservoir area, be received and filed.
(Deputy Mayor Elliot withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor, submitting a Writ of
Summons between Victoria Arthur M. Scott, Plaintiff, and the City of Saint John and Central Mortgage and
Housing Corporation, Defendants, in connection with the Residential Rehabilitation Assistance Program, be
received and filed.
On motion
The meeting adjourned.
c~~
,-
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the tenth day of
September, A" D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Knibb, Landers, Murphy, MacCalllun,
Pye, A. Vincent, M. Vincent and Wayne
- and -
~essrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, M. Zides,
Commissioner of Community Planning and Development, J. C. MacKinnon,
Commissioner of Engineering and Works, J. Gabriel, Deputy Commissioner
of Works. S. Lodhi, Chief of Technical and Inspection Services, and Building
Inspector, C. E. Nicolle, Director of Recreation and Parks, D. French,
Director of Personnel and J. F. Ross, Chief of Police
The meeting opened with a prayer which was offered by the Reverend E. Lloyd Lake of All Saints .
Anglican Church.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
August 27th last, be confirmed.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the proper authorities be asked to investigate the present
work slowdown regarding the hauling of fill for the port expansion facilities and to take whatever steps they
feel are necessary in this matter.
Councillors Clark, Landers and Pye voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, approval be granted for
payment of the following invoices:-
'Stephen Const Stephen Construction Company Limited - Works Dept.
Co. Ltd. D. Hatfield, Ltd. - Water Dept. (eQuipment rental)
- Water Dept. (equipment rental)
,D. Hatfield,
Ltd.
I 'D.R.E.E.
'Godfrey Assoc 1.
Ltd.
'Hazen Creek
Sewage Treat
ment Plant
.
'Simpson Const.
Ltd.
....
(asphalt )
$ 77,634.58
$ 9,127.00
$ 7,830.00
16- 31,
16- 31,
1-15,
August
July
July
1979
1979
1979
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted for
payment of the following construction progress certificates and approved invoice for engineering services in
connection with the following project that was undertaken under the Department of Regional Economic Expansion
programme: -
Hazen Creek Sewage Treatment Plant
(a) Godfrey Associates Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 75,
dated August 20, 1979
$ 562,826.12
$ 3,904.50
(b) Contract Number 2
Simpson Construction Ltd.
Total value of contract
Total work done, Estimate Number 15
Retention
Payments previously approved
Sum recommended for payment, Ra~gress Estimate Number 15,
d~ted July 7,1979
$ 1,598,750.00
1,532,219.23
229,832.88
1,287,913.23
$ 14,473,12
,104
~
'Que-Mar Const. Ltd.
,Capital projects
'- Fenco Consultants
'Ltd.
'Eastern Arter~al
'-W. E. Kelly Ltd.
'Fire Stn. #2,
"'- Loch Lomond Rd
'Sunrise Contractors
Ltd.
'Robertson Lake Dam
"'-
Que-Mar Const. LTd. 4.
~Watermain
'Que-Mar Const. Ltd. 5.
,Woodward Ave
,Storm sewer
'Master Enterprises
Ltd.
, Millidge Ave
'-Seacliff Dr
'Sea Street
,Sewer main const.
'Maritime Formless
Ltd.
\Concrete
,
Rocca Const. Ltd.
'North End
Community Centre
(c) Contract Number 3
Que-Mar Construction Ltd.
Total value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
. Sum recommended for payment, Progress Estimate Number 5,
dated August 24, 1979
(Councillor Knibb entered the meeting)
$
337,228.00
307,873.58
Nil
298,637.37
.
$
'9,236.21
Read a letter from the City Manager, recommending that authority be granted for
payment of the following construction progress certificates and approved invoices for
engineering services in connection with the following named capital projects:-
1.
Eastern Arterial
Fenco Consultants Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 9,
dated July 31, 1979
2.
Fire Station Number 2
Loch Lomond Road and McAllister Drive Intersection
W. E. Kelly Ltd.
Construction
Total value of contract
Total work done, Estimate Number 8
Retention
Payments previously approved
sum recommended for payment, Progress Estimate Number 8,
dated August ,27, 1979
3.
Restoration Robertson Lake Dam
Sunrise Contractors Ltd.
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated September 4, 1979
Lining 12-inch Watermain with P.E. Pipe
Que-Mar Construction Ltd.
Total value ,of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated August 31, 1979
Woodward Avenue Storm Sewer
Que-Mar Construction Limited
Supply and install 2500 feet of 60-inch and
42-inch pipe and appurtenances
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number '1,
dated September 4, 1979
6.
Millidge Avenue, Seacliff Drive,
Sea Street Sewer Main Construction
Master Enterprises Limited
Supply and install 1220 feet of 10-inch, 12-inch,
16-inch and 18-inch sewer pipe plus appurtenances
Total value of contract
Total'work done, Estimate Number 3
Retention
Payments previously approved
sum recommended for payment, Progress Estimate Number 3,
dated September 4, 1979
7.
Concrete:Work 1979
Maritime Formless Ltd.
Contract curbs and sidewalks
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, 'Progress Estimate Number 2,
dated September 6, 1979
"..;
8.
North End Community Centre
Rocca Construction Limited
Construction
Total value of contract
Total work done, Estimate Number 11
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 11,
dated August 27, 1979
1
$
$
55,337.72
7,662.28
I
$
409,000.00
398,735.09
59,810.26
328,671. 28
$
10,253.55
.
$
37,900.00
50,372.85
1,511.19
42,816.92
6,044.74
$
$
73,008.00
63,920.00
9,588.00
30,090.00
I
$
24,242.00
$
382,213.00
76,482.41
11,472:36
Nil
$
65,010.05
.
$
71,213.45
69,675.48
10,451. 32
55,098.49
4,125.67
I
$
$
138,381.50
82,584.81
12,387.73
1,269.73
I
$
68,927.35
$ 758,752.00
761,647.69
24,759.10
647,852.20
$ 89 ,036 . 39
.
~
JII'"
. _ .c~-.--, -'"1,;-77-
-.........,...,"'....-.."....;.......".><:.-
:a05
.
.
Fairvale
" Const. Ltd.
'McKay St
'Main St
\. Princess Ct
"Wa t ermitin
I
I
"Fairvale
Const. Ltd.
9.
.'
McKay Street, Main Street, Princess Court
Watermain Restoration and Construction
Fairvale Construction Limited
Renew watermains
Total value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated September 5, 1979
37, 783.35
$
72,048.00
44,451.00
6,667.65
Nil
$
On' motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that authority be granted for payment of items 1 to 8
inclusive only.
Councillors Elliot, Gould and Wayne voted "nay" to the above motion.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that authority be granted for payment of item 9 above.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that payment of the said item 9 to Fairvale Construction
Ltd. be laid on the table until the said company supplies a list of employees to the City.
"(motion lost) V' t
. lncen
Question being taken, the tabling motion was lost with Councillors Clark, Elliot, Gould, Knibb, M.
and Wayne voting "nay".
'Tender awarde
'Robertson Sq.
, Maritime Sod
Ltd.
I
'Lloyd Ginn
.... Loch Lomond
Mall
.
'Fourth Lehn-
dorff Canada
Ltd.
I'Teilder. accepted
'Grove Canst.
Ltd.
'Demolition
Prop: IOI
'- Rockland Rd
I
'S.J. Sultans
Hockey Team
"Wm. E. Joyce
Traffic
accidents
'Fundy Drive
.
llo..
Question being taken, the motion for payment was carried with Councillors Landers, Murphy, MacCallum,
Pye and A. Vincent voting "nay".,
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard to the tenders
for landscaping of Robertson Square, which matter had been tabled at the last Council meeting with instructions
that staff renegotiate with the lowest tenderer, Maritime Sod Ltd., on the basis of changes for this project,
advising that a revised contract price of $98,500.00 has been ,negotiated with the said company, and recom-
mending that the contract for Robertson Square landscaping be awarded to Maritime Sod Limited in the amount of
$98,500.00, be received and filed and the recommendation adopted.
Councillor M. Vincent noted that he had previously requested the cost differences per square foot for
the above negotiated price, and the original tender price, considering that the area to be landscaped was
reduced.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding the complaint of
Mr. Lloyd Ginn, 142 Virginia Street respecting the encroachment of Loch Lomond Mall parking on his property,
which matter had been tabled at Council's August 13th meeting pending addit,ional information, advising that
further investigation has been done and the previous report was found to be inaccurate in that the property
next door to Mr. Ginn owned by Fourth Lehndorff Canada Ltd. was re-zoned to "B-2" General Business district in
1973, so that the building on it could be demolished, and the land used to provide additional parking for the
shopping centre; further, the applicant was to be advised that the requirements for providing a buffer between
the parking area and the residential properties and staff advised the ,applicant that this buffer could take the
form of a hedge or a fence; further advising that as the property being complained about is properly zoned for
parking in connection with the Mall, the only request that could be made of the owner would be to install
appropriate buffering between the parking area and the lot owned by Mr. Ginn -- be received and filed and the
owners of Loch Lomond Mall be requested to install an appropriate buffer between the parking area and the
adjoining residential properties, as required by by-law.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the tender of Grove
Paving Ltd., in the amount of $1,373.00, be accepted for demolition of the City-owned property located at 101
Rockland Road, being the lowest tender received.
At this time members of the Saint John Sultans Ball Hockey Team were introduced to the Council
members by Councillor M. Vincent, who advised that this team finished second in recent national championship
competition.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, with regard to Council's request for a report on traffic accidents
at the intersection of Fundy Drive and Dunn Avenue in response to a letter receiv.ed from a resident of the said
area, submitting information pertaining to accidents at this location and advising that neither a four-way stop
sign nor traffic signals are warranted and studies in other urban centres have established the fact that these
devices tend to increase the number of accidents especially rear-end collisions; further advising that accidents
that may be correctible by the installation of a flashing beacon have occurred at an average rate of two
accidents per year over a four-year period which barely meets the warrants for this type of device; and recom-
ending that funds of approximately $1,500.00 be allocated for the installation of a flashing light at the
intersection of Fundy Drive and Dunn Avenue -- be received and filed and the recommendation adopted.
"
106
On motion of Councillor Elliot
, Petition
Fundy Heights
'Fundy Dr
Seconded by Councillor Gould .
RESOLVED that the petition from residents of the Fundy Heights area
requesting the erection of a flashing light at the intersection of Fundy Drive and Dunn Avenue, be received and
filed and the ~esidents be advised of the action taken by CoUncil at this meeting in this regard.
His Worship the Mayor gave the following Notice of Motion:
"I do hereby give Notice that I will at a meeting of the Common Council held after the expi~ation
of thirty days from this day, move or cause to be moved the following resolution, namely:-
'RESOLVED that occasion having arisen in the public interest of the following public civic
works and needed Civic Improvements, that is to say:
I
'Bond Issue
FOR GENERAL PURPOSES
Transportation Services -
Cedar Grove Crescent $15,669.00; Highland Road $14,796.00; Somerset Street $8,986.00; Noel Street $16,692.00;
Sandy Point Road $17,391.00; Broad Street $6,803.00; Golden Grove Road $44,984.00; Glengarry Drive
$32,123.00; Ridge Street $15,939.00; Rothesay Road $4,062.00; Woodlawn Park $16,419.00; Heatherway
$13,476.00; Kanes Corner $4,467.00; Westmorland Road $42,686.00; Josselyn Road $29,967.00; Oakland Street ~I
$15,889.00; Anthony's Cove $8,430.00; Balmoral Crescent $21,559.00; John Green Road $25,744.00; Mollins
Drive $29,624.00; Morris Street $5,407.00; Morna $51,320.00; Summer Street $58,008.00; Wilson Street
$4,810.00; Church Avenue $25,535.00; Lowell Street $41,919.00; Dorchester Street $80,413.00; Sewell
Street $5,925.00; Union Street $12;790.00; Land acquisition $7,501.00
Projects included in 1979 Programme:
Carmarthen Stree"j; $250,000.00; Winter Street $142,000.00; Westmorland Road $150,000.00; Harbourview
(part) $146,666.00; Bayside Drive $250,000.00; Eastern Arterial $60,000.00; Pauline and Cornell Streets
$72,000.00; Loch Lomond Road $50,000.00
-- $1,800,000.00
Environmental services Land Fill Site $520,000.00
Flood Control $280,000.00
.
Recreation and Parks -
Lancaster Memorial Field $11,547.00; Fort Howe $18,942.00; Cherry Brook Zoo $17,692.00; Simonds Cen-
tennial Arena $5,255.00; Kennebecasis Wharf $6,354.00; Community Arena Development $22,017.00; Land
$15,560.00
Projects included in 1979 Programme:
Lord Beaverbrook Arena $35,000.00; Simonds Centennial Arena $27,000.00; Carleton Community Centre
$86,000.00; Somerset Community Centre $10,000.00; Community Development $19,633.00; Rockwood Park
$220,000.00; Tucker Park $25,000.00; Seaside Park $15,000.00; Lakewood Reservoir Park $50,000.00;
Shamrock Park $15,000.00
-- $600,000.00
1
Total General Purposes - $3,200,000.00
PUBLIC TRANSIT - $500,000.00
FOR SELF-SUPPORTING UTILITY:
Water system -
South End $91,927.00; High Ridge Road $16,250.00; Marlborough and Oakland Streets $29,318.00; Willie
Avenue $21,286.00;' Topeka Street $27,206.00; Haymarket Square $51,000.00; Ashburn Lake Road $38,477.00;
Reversing Falls Bridge $15,650.00; Rockwood Park Standpipe $21,395.00; Rodney Street $33,254.00; Rothesay
Avenue $49,496.00; Northumberland, Avenue and others $5,590.00; Subdivision materials $31,645.00; Land
$67,506.00' '
-- $500,000.00 ...
Sewer system -
Millidgeville Sewage Treatment Plant $22,622.00; Marlborough and Oakland Streets $48,103.00;
Avenue $22,185.00; Broadway $7,720.00; Todd Street $19,275.00; Topeka Street $20,914.00; Red
$476,383.00; Thorne Avenue $10,709.00; Harding Street $10,557.00; Carpenter Place $2,474.00;
Drive $5,732.00; Manawagonish Road $43,805.00; Subdivision materials $109,521.00
-- $800,000.00
Rockwood
Head
Chesley
Total Self-Supporting Utility - $1,300,000.00
I
A total for all purposes - $5,000,000.00
THEREFORE RESOLVED that Debentures issue under provls10ns of the Acts of Assembly 52, Victoria, Chapter
27, Section 29, and Amendments Thereto, to the amount of $5,000,000.00. '"
On motion of Councillor Murphy
'Street Closing
By-Law
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway
or portion of highway:
I
,Reserve Street
"Reserve Street - All that certain lot, piece or parcel of land situate, lying and being in the
City of Saint John, County of Saint John and Province of New Brunswick, bounded and descr'ibed as follows:-
Beginning at a point on the northeastern sideline of Main Street which place of beginning is
sixty-three (63) feet more or less northwesterly from the southwesterly sideline of Bridge Street and
which place of beginning is the southwestern corner of Old Robertson Square, thence northwesterly along
the said northeastern sideline of Main Street a distance of eighty (80) feet more or less, thence north-
easterly and parallel with Bridge Street a distance of seventy-four (74) feet more or less to ~he south-
western sideline of Robertson Street (which street is at that place sixty-six (66) feet in width and
extends northwesterly from Bridge Street), thence southeasterly a distance of twenty (20) feet, thence
.
~
"....
- ~... ~ _"'1"":..--
............_--....,...,..;.......~:<-._- -
107
.
'\ Subdi vis ion
By-Law
I
I
'- Hunting
within city
limits
.
" Rockwood
Park Advis.
Board
I
'- Commi ttee of
the Whole
.
\public
address
system
,N.B. Tel
Council
,Chamber
"Neighbourhood
"Improvement
Programs
South/North
End
,Non-Union
employees
I
_salary
increases
I
.
....
asterly a distance of twenty-three (23) feet, thence southeasterly a distance of forty-two (42) feet more or
less to the northwestern corner of Old Robertson SQuare', thence southwesterly along the sideline of Old Robert-
son Square parallel with Bridge Street a distance of ninety-four (94) feet more or less to the place of beginning.'
- be read a third time and enacted and the Corporate 'Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of Highways in
The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973", was
read in its entirety prior to adoption of the above resolution.
The Common Clerk advised that the new Subdivision By-Law was read in its entirety in Committee of the
Whole on August 27th last.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law to Regulate the Subdivision
of Land Within The City of Saint John" be read a third time and enacted and ,the Corporate Common Seal affixed
thereto.
(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor with regard to Council's
request for a report on the law as it pertains to hunting within the City limits, submitting for Council's
information a report he submitted to Council dated October 6th, 1978 which outlines the general law, and advising
that there has been no changes to Provincial legislation since that time, however, there is one area of the City
which is governed by a specific piece of legislation which is the area of Rockwood Park under the control of the
Saint John Horticultural Association, and outlining the said legislation in this regard; and further advising
that there is no authority presently within the power of the municipality of the City of Saint John to enact
further regulations in the way of a by-law, be received and filed.
Councillor Gould asked that a copy of the above letter be forwarded to the Rockwood Park Advisory
Board for their information.
Moved in amendment by Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above letter be received and filed and that application
be made to the Provincial Government for authority to enact regulations pertaining to hunting within City limits
by means of by-law.
Question being taken, the amendment to the motion was carried with Councillor Knibb voting "nay".
Question being taken, the motion, as amended, was carried.
(Councillors Gould and Wayne withdrew from the meeting)
Read 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 begs to report that it sat on Monday, August 27th, 1979, when there were present Mayor
Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum, Pye, A. Vincent, M.
Vincent and Wayne, and your Committee begs to submit the following recommendations, namely:-
1.
for the
contract
That Council accept Option B as contained in
Council Chamber, at a monthly rate of $103.00,
periOd of five years.
the proposal from N. B. Tel for a public address system
with a service charge of approximately $1,500.00, for a
2. That as recommended by the City Manager, the revised programs for the completion of the North End and
South End Neighbourhood Improvement Programs be approved, and that the City's share be included in the 1979
c~pital program.
3. That salary increases of 8% effective January 1st, 1979 and 8% effective January 1st, 1980 be granted
to all non-Union employees, with the exception of the following:
(a) 8% increase effective January 1, 1980: Appointed during 1979 - City Manager,
Technical Services Engineer, Planner II,
Solicitor II
8% increase effective January 1,1980: A/Mgr., Civic Public Relations, Mgr.,
Visitor Bureau
No increase in 1979 or 1980: Personnel Officer II
As per Local 771: Probationary and holiday relief firefighters
As per Local 18 (Labourer II): Jani tors, Police Department
As per Local 486: Sec. City Mgr., Social & Cultural Officer,
secretarial staff of Personnel' and Legal Depts.
(b) the following additional merit increases effective January 1, 1979:
6.3%
5%
District Fire Chief, Admin. Officer, Fire Dept.
Deputy Fire Chief, Deputy Chief of Police (Admin.), General Supt.
Engineering & Works Dept., Design Engineer, Land Surveyor, Superin-
tendent M & S, Personnel Officer I
Commissioner of Engineering and Works
Deputy Commissioner of Finance, Budget Officer, Purchasing Agent
Common Clerk, Director Recreation & Parks, Chief Engineer, Water
& Sewerage
4%
3%
2.5%
108
.,
'non-Union employees
,Salary increases
'Plan. Advis. Comm.
" re-zoning
\Dr. Warren Thompson
, Prop: 70 Leinster S
re-zoning
conditions
c
Plan. Advis. Comm.
, ,
re-zon1ng
'Harold & Pearl Lord
\ Prop: Spruce Lake
re- zoning,
conditions
'Plan. Advis. Comm.
,Subdivision
'Marjorie W. Aspen
Prop: Grandview
Ave.
"Pension Plan
Financial Statement
- 1978
1.25% -
12%
20%
Deputy Chief of Police, C.I.B.
Solicitor III
Solicitor II
Oth September, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor MurphY
Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
(Councillors Gould, M. Vincent and Wayne re-entered the meeting)
Question being taken, the motion was carried with Councillors Clark, Knibb, MacCallum and
ay~e voting "nay".
On motion of Councillor Lander~
Seconded by Councillor Murphy,
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that section 3, of the above report be adopted.
Considerable discussion.ensued with respect to the non-Union salary increases, and in particular
with the manner in which such increases are determined.
Question being taken, the motion was carried with Councillors Gould, Pye and Wayne voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee
with regard to the application of Dr. Warren Thompson for re-zoning of property at 70 Leinster Street
to permit the establishment of a professional office, advising that while the Committee would not
recommend that the above-noted property be zoned "B-2" General Business as requested, it would support
re-zoning the property to "B-1" Local Business, subject to a -resolution of Common Council setting out
certain provisions, and certain amendments to the regulations for conditional uses in "B-1" zones, for
the reasons as outlined in the submitted staff report; and recommending that the following actions be
taken by Common Council: (1) that Section 100A of the Zoning By-Law (providing for conditional uses in
"B-1" zones) be amended by: (a) deleting the words "subject to subsection' (2)" in paragraph (c) of
subsection (1) so that the paragraph will read as follows: "(c) a business or professional office"; (b)
repealing subsection (2); and (2) that the property situated at 70 Leinster Street (L.R.I.S. Number
009118) be re-zoned from "RM-l" 'to "B-1" subject to,a resolution of Council pursuant to Section 39 of
the Community Planning Act providing for the following: (a) the use of the property shall be restricted
to a dwelling and professional office; (b) that there shall be no external changes to the existing
building; (c) that a minimum of three off-street parking spaces shall be provided in the rear of the
property; (d) one external sign shall be permitted on the building, provided it is in accordance with
Section 220(3)(b)(ii) of the Zoning By-Law -- be received and filed and authority be granted for the
necessary advertising in this regard.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
with regard to the application of Harold and Pearl Lord for re-zoning of property located at Spruce
Lake to permit the operation of a wholesale and retail business, advising that even though the Planning
Branch recommends that the application not be approved, the Committee feels that the existence of
Lord's operations for several years together with the lack of substantial opposition to the establishment,
based upon a survey of the local neighbourhood, are factors that should weigh positively in a decision
by Common Council, and recommending that the Lord property be re-classified on Schedule 2-A of the
Municipal Development Plan from Low Density Residential to Light Industrial and re-zoned from "RS-2"
Suburban Residential to "1-1" Light Industrial, subject to a resolution of Common Council pursuant to
Section 39 of the Community Planning'Act, providing for the following: '(1) the use of the property
shall be restricted to the processing, storage and sale of fish products and such activities shall be
confined to the interior of the building existing on the property; (2) no alterations to the existing
building shall be permitted which would have th~.effect of expanding the size of the establishment; (3)
all deliveries to and from the establishment including parking of customer and business vehicles shall
be restricted to existing locations; (4) all existing landscaped areas between Ocean Westway and the
building shall be retained and maintained; and (5) a maximum of 30 square feet of non-illuminated
signage may be permitted; and advising that staff has discussed these proposed conditions with the
applicant, and it is understood that they are acceptable -- be received and filed and authority be
granted for the necessary advertising in this regard.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the subdivision application of Marjorie W. Aspen with respect to property located on the
south side of Grandview Avenue, recommending that Council (1) assent to the vesting of the future
street as indicated on the subdivision plan; and (2) approve and,accept the sum of $384.00 as money in
lieu of land for public purposes, be received and filed and the recommendations adopted.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the annual report and financial statements as at
December 31st, 1978 of the Pension Fund, be received and filed.
.
1
I
..
I
.
1
1
.
....
"....
,- ,.~,,-:::~.,.-~.::t '"" ;,- :~'+-~""""":""-"!r"';.l.."",,,~";.
109
.
,
Counc. Wayne
lII,westmorland Rd
"City Manager
'- Forest Hills
ballfield
I'canada Summer
Garnes Committe
by-law enforce-
ment re gravel
~:hauling _ _
Bldg. Insp. Dep
,POlice Dept.
,.......Fairvale Const.
~ Ltd.
'(motion lost)
,1
.
III
, Death
'Alex Wilson
'John Dalton
-I 'BernardMcGr~th
_ , re-zoning
'671 Charles St
.
...
On motion of Councillor M.. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor M. Vincent in clarification of
discussion at a recent meeting of Council regarding the necessity of having departmental reports on Council
agendas, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding the matter of
the knoll located at the top of Westmorland Road, be referred to the City Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the City Manager look into the feasibility of having a
quarter mile track and field track included in the City's major recreation facility at Forest Hills, and that
the matter also be referred to the 1985 Canada Summer Games Committee.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the Building Inspection Department, Police Department, and
any other civic departments involved, be instructed to carry out to the full extent any and all by-laws that
protect property or life with regard to the transporting of gravel through the City limits.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from Fairvale Construction Ltd. regarding the
City's request for the names and addresses of the company's employees, which is to be considered in Committee of
the Whole this date, be added to the agenda and considered at this time.
Question being taken, the motion was lost, a tie vote having been created.
On motion
The meeting adjourned.
~~
/
Q
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventeenth day
of September, A. D. 1979, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye and Wayne
- and -
Messrs. N. Barfoot, Assistant City Manager, R. Park, Commissioner of
Finance, P. O'Reilly, Solicitor, M. Zides, Commissioner of Community
Planning and Development, J. Gabriel, Deputy Commissioner of Works,
S. Armstrong, Deputy Commissioner of Engineering, and J. F. Ross,
Chief of Police
The Reverend Dr. Arthur H. Long of Carleton-Kirk United Church offered a prayer which opened the
meeting.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on September
10th last, be confirmed.
The Mayor spoke of the recent passing of Mr. A. Wilson; former City Chamberlain, and Mr. John Dalton,
an employee of the Engineering and Works Department, and offered condolences on behalf of the Common Council to
the bereaved families. He also read a prepared statement of Councillor M. Vincent regarding the untimely
passing of Mr.-Dalton.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law to re-zone property at 671 Charles Street West, from "RM-l" Multiple Residential to "B-2"
General Business district, subject to a resolution under Section 39 of the Community Planning Act, to permit the
use of the property for a beauty salon and dress boutique (clothing store) by Mr. Bernard McGrath, and that no
written objections were received in this matter. It was noted that no person was present to speak either
against or in favour of the proposed re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated August 15th, 1979,
advising that while staff have indicated'they are unable to support the application, the Committee recommends
that the said property at 671 Charles Street (L.R.I.S. Number 033332) be re-zoned as noted above, subject to a
resolution pursuant to Section 39 of the Community Planning Act embodying the following conditions: (a) that the
use of the property shall be restricted to a beauty salon and dress boutique (clothing store); (b) that the
external appearance of the existing building on the property shall not be altered; (c) that off-street parking
shall be provided on the easterly portion of the site, and the required parking area shall be improved as set
out in the Zoning By-Law; (d) that vehicle access to the property shall be via Greystone Terrace only; (e) that
a maximum of sixty square feet of non-illuminated fascia signage shall be permitted; and (f) that all portions
of the site not covered by buildings or used for driveways, sidewalks and parking shall be landscaped with grass
and other plant materials.
110
~
," Zoning By-Law
-Bernard McGrath
'671 Charles St
re-zoning
'Street dosing
By-Law
'Hawtrey St
'St. James St West
'Tower St
~. .....~,--~~-
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning .
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property at 671 Charles Street West (L.R.I.S.
umber 033332), from "RM-l" Multiple Residential to "B-2" General Business district, subject to a resolu-
ion pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee,
e read a first time.
Read ,a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
ohn and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-,
Law of the C'i ty of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property at 671 Charles Street West (L.R.I.S.
Number 033332), from "RM-l" Multiple Residential to "B-2" General Business district, subject to a'
resolution pursuant to ,Section 39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the ,letter from the Planning Advisory Committee
regarding the above matter be received and filed.
The Common Clerk advised that the necessary advertising was completed regarding the proposed
closing of portions of Hawtrey Street, St. James Street West and Tower Street, and that no written
objections were received with respect to the proposed street closings. It was noted that no person was
present to speak either against or in favour of the proposed closings.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
of Highways in The City of Saint John Made Under the Authority of
R.S.N.B. 1973", with respect to closing of the following highways
Respecting the
Section 187 of
or portions of
Stopping Up and Closing
the Municipalities Act,
highways:
1. Hawtrey Street All that certain lot, piece or parcel of land, situate, lying and being in the City
of Saint John and the County of Saint John and the Provi.nce of New Brunswick, being described as follows:
Beginning at the point of 'intersection ,of the southern sideline of Hawtrey Street and the
western sideline of Kingsville Road, thence proceeding in a southerly direction along the said western
sideline of Kingsville Road two (2') feet, more or less. Thence in a westerly direction along the said
southern extremity of Hawtrey Street 93.25 feet, more or less. Thence in a northerly direction two (2')
feet more or less. Thence in an easterly direction 93.25 feet, more or less to the place of beginning,
containing 186.5 square feet.
2. St. James Street West All that certain lot, piece or parcel of land, situate, lying and being in
the City of Saint John, in the County of Saint John and Province of New Brunswick, being described as
follows:
All that portion of St'. James Street, West, lying between the eastern boundary of Albert
Street and the railway.
3. Tower Street All that certain lot, piece'or parcel of land, situate, lying and being in the City
of Saint John, in the County of Saint John and Province of New Brunswick, being described as follows:
A strip of land measuring 26.9 feet on the northern side.of Tower Street in Brooks Ward between
Lancaster Street and City Line and being adjacent to Lot 362, comprising approximately 30 square feet,
measuring 1.8 feet on the western end and .5 feet on the eastern end.
- be read'a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Munici-
palities Act, R.S.N.B. 1973".
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
of Highways in The City of Saint John Made Under the Authority of
R.S.N.B. 1973", with respect to closing of the following highways
Respecting the
Section 187 of
or portions of
Stopping Up and Closing
the Municipalities Act,
highways:
1. Hawtrey Street All that certain lot, piece or parcel of land, situate, lying and being in the City
of Saint John and the County of Saint John and the Province of New Brunswick, being described as follows:
Beginning at the point of intersection of the southern sideline of Hawtrey Street and the
western sideline of Kingsville Road, thence proceeding in a southerly direction along the said western
sideline of Kingsville Road two (2') feet, more or less. Thence in a westerly direction along the said
southern extremity of Hawtrey Street 93.25 feet, more or less. Thence in a northerly direction two (2')
feet more or less. Thence in an easterly direction 93.25 feet, more or less to the place of beginning,
containing 186.5 square feet.
1
1
....'
I'
-'
.
1--
-.
I;
~
.
....4
II""
'.-....,,~ .""'_~:~~>:;"'-_,.~,;:x:;.~_~....-..;;.
11,1
.
,Street ,:,
closing
ByeLaw
,l:lawt:i'eySt
,St. James St,
West
'Tower St
I
2. St. James Street West All that~certaln lot, piece "or parcel of land, situate, lying and being in the
City of Saint John, in the County of Saint John and'Provlnce of New Brunswick, 'being described as follows:
All that portion of St. James Street, West, lying between the eastern boundary of Albert Street
and the railway.
3. Tower Street All that certain lot, piece or parcel of land, situate, lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, being described as follows:
A strip of land measuring 26.9 feet on the northern side of Tower Street in Brooks Ward between
Lancaster Street and City Line and being adjacent to Lot 362, comprising approximately 30 square feet,
measuring 1.8 feet on the western end and .5 feet on the eastern end.
- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
On motion of Councillor Wayne
I
,
Tender accept d
,Forest Hills
ballfield
Seconded by Councillor Murphy
RESOLVED
Fencing Limited, in the amount of $8,922.00, be
the lowest tender received.
that as recommended by the City Manager the tender of Fundy
accepted for chain link fencing for Forest Hills Park, being
'fencing
.
\ Tender
rejected
,North End
Urban
Renewal
,Patrick L
Williams &
Sons Ltd.
'- Betty Sleep
'Noise By-law
1
.
Raymond
, Tobias
"RayDor Ltd
're-zoning ..'.
" Prop: 316l;~
Somerset St
I
1
'-W.S. Reid
Chedore
,Millett
Coughlan
re-zoning
-Prop: Leinste
St. ~.
.
....
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, advising that only one tender was received for the North End
Urban Renewal construction of stairs and concrete sidewalks, namely, that of Patrick L. Williams and Sons
Limited in the amount of $61,300.00, which is substantially above the estimate for the project of $44,500.00,
and that there is not sufficient funding available to COver this increased cost and also the bid is considered
to be too high; further advising that apparently other contractors missed the tender advertisements and
therefore did not'bid, however, some have now expressed interest; and recommending that the one tender received
be rejected and that the project be retendered -- be received and filed and the recommendation adopted.
Mr. Barfoot stated that consideration will be given by staff 'to the suggestion of Council that the
specifications for the above project be altered before re-tendering.
Mrs. Betty Sleep, 30 Carmarthen Street, was present at the meeting and read a prepared brief regarding
the fact that the City of Saint John has no noise by-law, with the exception of a 1944 by-law regarding
licensed nickoledeons. She cited several instances of residents being disturbed after midnight and asked that
Council take into consideration the citizens right to the peaceful enjoyment of their residence, and as soon
as possible, enact a by-law which will give some protection against noise from, any source, whether it be
persons or machinery, in a house, or on the street, between the hours of 11 p.m. or midnight, and 7 a.m. She
stated that she hopes that any by-law created for the purpose of halting night disturbances will cover the
following: construction, whether in a residential zone, or within two blocks of a residential zone, to cease
y midnight; when a second complaint is made to police within a specified time, or a noisy party, whether the
call is made by the original person or not, the person to whom the residence is rented, or the person owning
the residence, to be issued a fine, under the anti-noise by-law; the same to apply for any disturbance within
a dwelling, for which the police have been called twice within a specified period of time - this provision to
cover disturbances caused by television, radio, stereo, or any other electronic equipment, producing or
amplifying sound; disturbance created outdoors on private property or public street for which the police have
een called, with due consideration to whether the disturbance originates from a domestic situation, or
inebriated persons on public streets or property; and excessive use of a motor vehicle's horn, whether commercial
r private, with consideration of the situation. Following her presentation, discussion ensued between the
Council members and Mrs. Sleep on her request, and with particular reference to the matter referred to in her
repared brief of the noise created by the 'annual spring cleaning operation of City crews. The Mayor thanked
rs. Sleep for her presentation and advised that the Council will render a decision on her request, later in
he meeting.
Mr. Raymond Tobias, President of RayDor Limited, was present with respect to a previous request of
he said company for the re-zoning of property at 316 Somerset Street to permit the establishment of a new and
sed furniture, appliance and hardware store, which application was not approved by Council at its meeting of
ugust 20th last. Mr. Tobias advised that he purchased this property in order to protect his business interests
'n this area, and that he proposes to rent the building for use as a new and used furniture, appliance and'
ardware store, and that any lease for the building would stipulate that the building would have to be kept up
o standard and that items for sale will not be advertised on the outside of the building. He further stated
hat he would also restrict the number of signs on the building, as well as require a burglar alarm system for
he building. Mr. Tobias stated that he fails to understand Council's reasons for denying the requested re-
zoning. He displayed a diagram of the area, showing business operations on all three corners of the adjoining
'ntersection and expressed the ,view that if this property is allowed to be left vacant, it will either deterior-
te or be set on fire by vandals. He asked for Council's consideration of the request of his company. It
as noted that the Planning Advisory Committee, by letter dated August 15th, 1979, had recommended in favour
f the proposed re-zoning. Following further discussion between the Council members and Mr. Tobias on the
equested re-zoning, the Mayor advised that the Council will render a decision, later in the meeting.
Mr. W. s. Reid Chedore, solicitor for Mr. Millett Coughlan, was present at the meeting with regard
o the re-zoning application of Mr. Coughlan to establish a used car lot on a vacant lot on Leinster Street,
djacent to his residence. Mr. Chedore, noting that the Planning Advisory Committee, by letter dated August
5th, 1979, have recommended against the proposal of Mr. Coughlan, advised that Mr. Coughlan is the only
esident as such on Leinster Street, the other uses being a fire station, restaurant, school and parking lot
or a restaurant and that his client wishes to operate a small used-car lot which would not contain more than
ive cars at anyone time, and that Mr. Coughlan does not propose an operation with the "fanfare" usually
ssociated with car lots. Mr. Chedore presented a petition signed by 315 residents surrounding 40 Leinster
treet, stating that they do not oppose this application, and that only 2 residents objected to the proposal.
e stated that Mr. Coughlan has been a long-time resident of this City and formerly operated from a car lot on
othesay Avenue and due to health reasons wishes to operate a small lot from the location in question. During
iscussion with Council members, Mr. Chedore advised that Mr. Coughlan presently operates a rooming house on
einster Street, which houses approximately 15 persons, and that Mr. Coughlan states that he does not have a
roblem with parking for the said rooming house operation as most of his tenants do not own cars. Regarding
he question of whether Mr. Coughlan is presently operating from this location, Mr. Chedore stated he is
112
~
. .~_.
, ..
'\ C. L. Francis &
Co. Ltd
'Chitticks Sand &
Gravel
'D. Hatfield, Ltd
" Capital p~~jects
'Maritime Formless
'Concrete
'Gerald J. Ryan Co.
Ltd.
'Courtenay Bay
Causeway
,Duschenes & Fish
Architects
~North End Community
Centre
"Proctor & Redfern
Ltd.
"'C.B.D.
'Municipalities Act
"Unsightly premises
"Unsightly Premises
By-Law
advised that Mr. Coughlan is not selling automobiles from this location. Mr. Chedore asked that the
Council give serious consideration to the re-zoning application of his client. The Mayor advised that
"he Council will render a decision in this matter, later in the meeting.
(Councillor Gould withdrew from the meeting during the aforementioned discussion)
.
On motion' of Councillor Murphy
Seconded.by Councillor Wayne
RESOLVED that as recommended by the City Manager, approval be
granted f.or payment of the following invoices:-
C. L. Francis & Co. Ltd. - Works .Dept. (equipment rental)
Chitticks Sand & Gravel - Works Dept., (supplying gravel)
D. Hatfield Ltd. - Works Dept. (equipment rental)
Chitticks Sand & Gravel - Works Dept. (supplying gravel)
D. Hatfield, Ltd. - Water Dept. (equipment rental)
August 1-31, 1979 $ 5,355.00
August 16-31,1979 $ 17,960.00 I
August 1-15, 1979 $ 37,034.74
August 1-:15, 1979 $ 9,472.51
August 1-15, 1979 $ 6,674.25
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoices for
engineering and architectural services in connection with the following named capital projects:-
I
1.
Concrete Work 1979
Maritime Formless Ltd.
Contract curb and sidewalk
Total value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 7, 1979
2.
Courtenay Bay Causeway
Gerald J. Ryan Co. Ltd..
Storm sewer construction
Total value of contract
Total work done, Estimate Number ~
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number ,1,
dated September 12, 1979
$ 47,470.33
$ 56,099.00
55,847.45
8,377.1:2
Nil
3.
North End Community Centre
Duschenes & Fish Architects
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 12,
dated September 12, 1979
$ 49,939.34
$ 2,971.60
1
4.
Central Business District Revitalization
Proctor & Redfern Limited
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated September 12, 1979
$ 57,724.49
"
Nil
(Councillor Gould re-entered the me~ting)
Regarding a query of, Councillor Landers as to how the amount was determined for engineering
services for the Central Business District Revitalization project, the Mayor stat~d that details can be
obtained in this regard.
.
Councillor Landers voted "nay" to the above motion.
Read a letter from the City Solicitor advising that recently procl~imed amendments to Section
190 of the Municipalities Act enable the City to streamline the procedure used in dealing with pro-
perties within the City which are dangerous, unsightly or in an unhealthful condition and to obtain the
benefits of the recently proclaimed amendment, Council should repeal the existing by-law respecting
dangerous or unsightly premises within the City, and enact in its place, Section 190, and amendments
thereto, of the Municipalities Act, Chapter M-22,.R.S.N.B. 1973. The letter states,that presently, each
time action is required concerning a dangerous or unsightly property Council must instruct the Clerk to
serve notice and the change suggested would aliow Council to appoint an officer who, without being
instructed by Council in each instance,-would have the power. to serve not"ice on a property owner
or occupier, ordering him to remedy any dangerous, unsightly or unhealthful condition on his property -
the officer would be required to provide, in the notice served, a full description of the property, the
work which is required to be done, and the time which the owner or occupier has in which to remedy the
situation and the officer further may register such notice in the Registry Office (such registration
would have the effect of binding the land ~nd thereby'bind all subsequent owners, or occupiers; and if
the property owner, after being served with notice, does not do the work required to remedy the situa-
tion, within the time period specified in the notice, then the,CitY,may do the work and may recover from
the owner or occupier the costs of doing such work. The City Solicitor advises that he has discussed
the matter with the City Manager and he will be, bringing to Council the name of the officer which
Council will appoint for the purpose of enforcing the by-law in the light of the recent amendment to the
Municipalities Act.
1
I
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above letter from the City Solicitor be received
.
and filed:
AND FURTHER that the by-law entitled, "A By-Law Respectir:g Dangerous Or Unsightly Premises
Within The'City of Saint John" be read a first time.
Within
Read a first time the
The City of Saint John".
by-law entitled, "A By-Law Respecting Dangerous Or Unsightly Premises
Cn'~'.ll :' ."_0:'
....
,-.,- l1r-.-!-lnn" i-},,-,~. +l~_n "-"_n~_~_ .,~,
II"""
- _._~.,,,,,,, ,-',:,,".f'""";.".. ;;0,--' '-'i."""'';;''''''~"''''-''''''~-~'
j,1:3
.
1
, Unsightly
Premises
By-Law
I
'City Solicito
'Demolition
'costs
.
'Commi ttee of
the Whole
Councillor Elliot, noting'that the above letter from'the City Solicitor states that the officer so
appointed may register such notice in the Registry Office, asked if this should be changed to read "shall
register such notice in the Registry Office", and he also asked if it is inherent in the by-law that when the
notices are served, that Council will automatically receive copies of such notices. Ms. O'Reilly replied that
such notices will only have any force and effect if they are registered, and presumably such notices will be
registered, however, the Municipalities Act states that the notice may be registered and the City will simply
be adopting sections of the Provincial statute. As to copies of the notices being provided to Council, she
advised that this procedure is something that could be discussed and 'adopted by Council as policy at a later
date.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law Respecting Dangerous Or
Unsightly Premises Within The City of Saint John", be read a second time.
Read a second time the by-law entitled, "A By-Law Respecting Dangerous Or Unsightly Premises Within
The City of Saint John".
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the City Solicitor be requested to submit a report to
Council on the status of recovery of demolition costs incurred by the City under the 1925 Building Act.
Read 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 begs to report that it sat on Monday, September 10th, 1979,
Mayor Davis and Councillors Clark, Elliot, Gould, Knibb, Landers, Murphy, MacCallum,
and Wayne, and your Committee begs to submit the following recommendations, namely:-
when there were present
Pye, A. Vincent, M. Vincent
1.
That the following resolution be adopted, namely:-
"WHEREAS the City of Saint John has already, by appointment of a Steering Committee, and by resolu-
'Canada Summer tions dated February 27, 1978 and May 14, 1979, expressed strong interest in hosting the Games in 1985;
Games
AND WHEREAS our Provincial Government, in Saint John's bid to host the 1977 Canada Summer Games,
endorsed and supported our efforts;
1
'\ Res idency
.
1
1
, Plan. Advis.
. Comm.
'A & M.Appli-
ance Service
Ltd.
'400 Milford Rd
...... re- zoning
....
AND WHEREAS 1985 is our Bicentennial Year, and major celebrations are planned;
AND WHEREAS the Government of the Province of New Brunswick, and the Federal Government have gone on
record as being prepared to host the 1985 Ca~ada Summer Games, and to desig~ate a New Brunswick City as host
City, subject to conditions in a letter from Jean-Pierre Ouellet, Minister, Department of Youth, Recreation and
Cultural Resources:
BE IT RESOLVED that the Province of New Brunswick through its Minister, the Honourable Jean-Pierre
Ouellet, be advised that the City of Saint John reaffirms its intention of hosting the 1985 Canada Summer
Games:
AND FURTHER that the Province of New Brunswick be again urged to reaffirm Saint John as the New
runswick City without further in-Province competition."
2.
That all residency restrictions be abolished for employees of the City of Saint John.
7th September, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that section 1 of the above'report be adopted.
The advantages to the City of Saint John in hosting the 1985 Canada Summer Games, and the long-term
enefits and change in citizens' attitude in ~ther cities where such Games have been held, was discussed.
Councillor Pye voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that section 2 of the above report be adopted.
Considerable discussion ensued with respect to the abolition of residency requirements for City
mployees.
Councillors Clark and Green voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor' Wayne
RESOLVED that the let~er from the Planning Advisory Committee advising
hat A & M Appliance Service Ltd. proposes to erect a one-storey addition for the purpose of expanding its
usiness operations at 400 Milford Road and-the company also intends to provide off-street parking at the rear
f the building, and that notwithstanding the staff recommendation against the approval of the proposal, the
ommittee recommends that Common Council resolution of November 14th, 1977 be amended to allow for the expansion
fA & M Appliance Service Ltd. in accordance with the company's plans -- be received and filed and the recommenda~,
ion',adopted.
')r.;,)L ",
114
..,
" Cedar Point
Trailer Park
'G. S. Allen
,St. Clair Ave.
'Council committee
'- Loyalist Days Inc
, Counc. Murphy
,S.J. Harbour
Bridge
"Eric Ferguson,
M.L.A.
Minister of
, Transportation
-E.A. Colwell
"Street light
...Acamac Beach Rd
'Petition
.... Allingham Cres.
,Fire"lane- "l ,,:2
,
Betty Sleep
,Noise By-law
,\
, Raydor Ltd
re-zoning
,316 Somerset St
'- Millett Coughlan
'1,0 Leinster St
,re - zon ing
On motion of Councillor Pye
Seconded ,by ,Councillor Wayne
RESOLVED,that the City Manager be requested to instruct the
appropriate City staff to give top priority to the matter of conveyance of lots in the Cedar Point
Trailer Park from City ownership to residents of the said'area, until such matter has reached the point
of completion.
During discussion regarding the proposed motion, Mr. Barfoot advised of the reasons the said
lots have not been sold as yet to the residents wishing to purchase same, and noted that there is still
considerable work to be done regarding ascertaining service laterals, and determining descriptions for
each lot, before this matter can be finalized.
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the requests of Mr. G. S. Allen concerning the lower
end of St. Clair Avenue, which had been previously referred to staff by Council, be referred to the City
Manager for a report within two weeks.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that Council, either directly or through a special ad
hoc committee of Council, meet with the executive of Loyalist Days Inc. as soon as possible to discus
plans for next year's Loyalist Days celebrations.
Councillor Elliot suggested that Council should discuss this matter in Committee of the Whole
prior to meeting with representatives of Loyalist Days Inc.
On motion of Councillor Murphy
Seconded by Councillor Green
- RESOLVED that the letter from Councillor Murphy advising that he
feels that more maintenance work has been carried out this year by all City departments, thus improving
many areas in the City and raising the morale of the citizens in general, be received and filed and
Council go on record as expressing its appreciation for this extra effort on the part of the various
City departments, and to express the wish that this practice may continue throughout the year where
possible and constitute a progressive step in raising the morale of the citizens of Saint John.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that in view of the fact that the Saint John Harbour
Bridge is the only toll bridge in the Province of New Brunswick, and in view of the fact that this
bridge is going deeper in debt each year, that Council go on record as supporting the removing of the
tolls from the Saint John Harbour Bridge, and that the Federal member for Saint John, Mr. Eric Ferguson,
and the Provincial Minister of Transportation, The Honourable W.- G. Bishop, be so advised.
(Councillor Wayne re-entered the meeting during discussion on, the above proposed motion).
Question being taken, the motion was carried with the Mayor and Councillors Clark and Knibb
voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. E. A. Colwell requesting a
street light on the Acamac Beach Road, be referred to the City Manager for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the petition from residents of Allingham Crescent
regarding the closing of a roadway between Allingham Crescent ,and Sand Cove Road, be laid on the table
for one week and the City Manager be requested to supply Council with additional information in this
regard.
Councillor Murphy noted that,the roadway referred to in the above petition is a fire lane
which the residents are requesting be re-opened.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the brief presented at this meeting by Mrs. Betty
Sleep requesting that the City enact a noise by-law, be referred to the City Manager for a report.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the necessary advertising be authorized with respect
to the application of RayDor Limited for the re-zoning of property at 316 Somerset Street to permit the
establishment of a new and used furniture, appliance and hardware store.
Question being taken, the motion was carried with Councillors Clark, MacCallum and Wayne
vo:ting "nay".
Councillor Landers proposed a motion, which was not seconded, that Council authorize the
necessary. advertising with respect to the application from Mr. Millett Coughlan forre-zoning of property
at 40 Leinster Street to permit the establishment of a used car lot.
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,...
115
. Plan. Advis.
..... Comm.
Millett
~ Coughlan
,re-zoning
1
.1--
Tenders
, accepted
~ Bourque's
. Welding
~ M & G Contrac-
tors
LEG A L
S E S S ION
"Ti tus Bakery
1
" Mr. Hunter
'\. Insurance
'City Solicitor
.
1
1
.
....
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from the Planning Advisory Committee, dated
August 15th, 1979, with respect to the application for re-zoning from Mr. Millett Coughlan for re-zoning of
property at 40 Leinster Street to permit the establishment of a used car lot, advising that consistent with
the recommendation of staff and the several written objections to the proposal, the Committee recommends that
the application not be approved, be received and filed and the recommendation adopted.
Councillor Landers 'voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letters of objection to the above proposed re-zoning
from A. E. Smith, Donald C. Regan, Joan Parfitt, Joan A. LeGassie, J. D. Vriezen, and a petition from resi-
dents of the area, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that an item with respect to quotations for plow apparatus be
added to the agenda and considered at this time.
Question being taken, the motion was carried with Councillors Gould, Landers and Pye voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the bid of Bourque's
Welding for the supply and installation of plow equipment on five 6 yard units at $9,500.00 each, and the bid
of M & G Contractors for the supply and installation of plow equipment on eight 4 x 4 units, in the amount of
$2,048.15 each, be accepted, being the lowest bids received.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that this meeting continue, in legal session.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor Wayne regarding flooding at the
itus Bakery property on Brunswick Drive be received and filed and staff be requested to ascertain how the
ity can settle once again with Mr. and Mrs. Titus and what can be done in the future so that the flooding
roblem will not re-occur, and that the City Solicitor be requested to contact the City's insurers with
espect to the recent flooding problem experienced by Mr. and Mrs. Titus as the result of a watermain break in
he area.
Councillor Wayne stated that she has been advised by a Mr. Hunter, whose vehicle suffered damage due
o a rock falling from a City-owned truck operating from a gravel pit on Golden Grove Road, that the City's
insurers have denied any liability in this regard.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be referred to the City Solicitor for
report to Council.
On motion
The meeting adjourned.
c~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-fourth
day of September, A. D. 1979, at 4.00 o'clock p.m.
present
Samuel Davis, ES'luire, Mayor
Councillors Elliot, Gould, Knibb, Murphy, MacCallum, Pye, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
D. Wilson, Deputy Commissioner of Finance, F. Rodgers, City Solicitor,
J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong,
Deputy Commissioner of Engineering, M. Zides, Commissioner of Community
Planning and Development, S. Lodhi, Chief of Technical and Inspection
Services, and Building Inspector, C. E. Nicolle, Director of Recreation
and Parks, J. F. Ross, Chief of Police, and D. Buck, Deputy Commissioner,
Housing and Renewal Services
Reverend Charles Milbury of Edith Avenue Baptist Church offered a prayer which opened the meeting.
116
,~
"'lIIl
'Council minutes
On motion of Councillor Murphy
Seconded by Councillor Gould
~ESOLVED that minutes of the meeting of Common Council, held on
September 17th last, be confirmed.
Councillor Knibb, noted that the minutes of the previous Council meeting recorded in detail
the complaints of a citizen regarding noise in the City but did not mention any of the comments of
Council members on the important matter of residency for City employees, and stated that he wished to
bring to the attention of the Common Clerk that greater discretion must be used in the preparation of
the minutes. Councillor Wayne stated that the deliberations of Council were previously recorded in
greater detail. During ensuing discussion, several Councillors expressed their agreement with the new
format of the Council minutes. The Mayor stated he is sure the Common Clerk and his department are
always receptive to suggestions at any time, although he is sure that the suggestion does not mean that
the comments of every Councillor on every issue should be recorded.
Councillor Knibb voted "nay" to the above motion.
C 't PI ' Councillor Elliot referred to a review of the Provincial Community Planning Act prepared for
" ~~un1 y ann1ng the Department of Municipal Affairs by William E. Cooper, copies of which had been supplied to Council
c members as an information item, and noted that the said report contains very significant recommendations
in particular with reference to the abolition of statutory Planning Advisory Committees and changes in
the procedure of district planning groups, and he suggested that the City should make input on this
review to the Department of Municipal Affairs. He asked if it is planned to have a teach-in or study in
this matter. Mr. McDermott replied that he understands that a brief is presently being prepared by the
Planning Department and that when this is finalized, a study or teach-in can be undertaken.
,-Planning Advisory
Committee
,
Betty Sleep
'Noise By-law
..
Minister of
Justice
,Hunting in city
limit s
, River Road Rate-
payers Assoc.
.. re mobile homes,
'sp"ed limits;
'fire department
,private roads
'E. A. Colwell
'Street lighting
"Acamac Beach Rd
'(South End)Neighbour
hood Improvement
Program
'Pitt Street
- Queen Street
'Tender accepted
'Acme Enterprises
,asphalt planing
'curbing, granite
With regard to a presentation from Mrs. Betty Sleep at the last meeting of Council requesting
that the City enact a noise by-law, Councillor MacCallum advised that Section 11 (l)(L) of the Municipalities
Act gives the City the statutory authority to enact such legislation.
At this time Councillor Wayne read a letter from the Honourable Rodman Logan, Minister of
Justice, acknowledging receipt of Council's resolution relative to hunting within the City limits,
copies of which had been supplied to Council as an information item, in which the Minister advises that
he will look into this matter with a view to facilitating Council's request.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the report from the City Manager with regard to
several separate requests received by Council from the River Road Ratepayers Association, advising as
follows: (1) Mobile Homes - submitting a report from Mr. M. Zides which indicates the changes that have
been made in the Zoning By-Law for mobile homes which should provide the Association with the detailed
information requested; (2) Speed Limit Zones - the Association requested the City's advice on the
possibility of a suggested increased speed from 40 km/h to 70 km/h on Highway 142 between Purdy's Corner
and Hartt Lumber, and a reduction from 70 km/h to 30 kll/h from St. Anne's Church to the Martinon Cut-
off) - advising that in 1976 the Province reviewed the speed limits on the lower portion of the highway
at the City's request following a petition from residents on Manchester Avenue; consequently, the speed
limit was lowered from 70 km/h to 50 km/h from Purdy's Corner to Hartt Building Supplies and the rest of
the highway remained as a 70 km/h zone; advising that staff has referred the letter to the Traffic
Engineering branch of the Department of Transportation with a request that speed limit zones on Highway
142 be reviewed again; Fire Department Agreement with Grand Bay: the Association further requested that
a grant be made by the City to the Village of Grand Bay to assist with their volunteer fire department
and in making this request the Association apparently has a misunderstanding with respect to Fire Depart-
ment responsibilities in this matter, and the submitted report from Chief Percy Clark clarifies this
matter; Private Roads: the Association further requested a list of the roads' designated as private so
they might govern themselves accordingly in applications for servicing or for upgrading to public roads;
advising that this list was presented to Council on August 27th and a copy will be forwarded to the
Association; Heavy Transport Traffic: the Association requested that the City make enquiries as to the
possible elimination of such traffic on the River ~oad; advising that the'River Road, Route 142, is not
a designated truck route in the Traffic By-Law which means that trucks are not permitted to use this
highway as a through route and the only trucks permitted on Route 142 are those which have business
along the highway ~- be received and filed and a copy be forwarded to the River Road Ratepayers Associ-
ation'. .
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager with regard to the
request of Mr. E. A. Colwell for installation of a street light on the Acamac Beach Road, advising that
this request,'has,'been examined and a street light is being installed, be received and filed.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the joint report from the City Manager and Commissioner
of Engineering and Works advising that this year's South End Neighbourhood Improvement Program for
concrete curb impro~ements involves two streets in which the existing granite curbs can be saved by
planing the asphalt pavement at an average thickness of 4 inches, such streets being Pitt Street, between
Duke and Queen Streets, and Queen Street, between Germain and Prince William Streets, and recommending
that the quotation of Acme Enterprises Ltd., Crapaud, P.E.I., in the amount of approximately $7,400.00
or $2.00 per square yard for approximately 3,700 yards of asphalt planing, plus $500.00 for transporta-
Lt
tion of the asphalt planer, be accepted, being the lowest quotation received -- be received and filed
and the recommendation adopted.
(Councillor A. Vincent entered the meeting)
In regard to a query of Councillor Elliot if the City is looking into the cost of securing the
above planing equipment, Mr. McDermott advised that such cost will be provided within two weeks.
Councillor Wayne noted that she has not yet received a report from the City Manager regarding a problem
of curbing on Douglas Avenue. Mr. McDermott advised Councillor Wayne that he has such information,
which will be made available to her tomorrow.
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117
.
'Stephen Const.
Co. Ltd.
I-D.
R. E. E.
_ Dept of Trans-
portation
"Bays ide Drive
I
" Que-Mar Con st.
Ltd.
.
, Mr. Davidson
'River Ave.
"Capital .
Projects
I'R. A. Woods
Const. Ltd.
"Lorne School
Playground
'Fire lane
'Allingham Cres.
.
I
I.
.
... Tender
accepted
- Beckwi th Bros.
Ltd.
lIro..
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, approval be granted for
payment of the following invoices-
Stephen Construction Company Limited - Works Dept. (asphalt)
Sept. 4-14,1979 $ 69,576.58
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate and approved invoice for engineering services
and supply of materials in connection with the following project that was undertaken under the Department of
Regional Economic Expansion programme:-
1.
Bayside Drive Reconstruction and Extension
(a) Supply engineering services and materials
Province of New Brunswick
Department of Transportation
Payments previously approved
Sum recommended for payment, Progress Estimate Number 15,
dated September 19, 1979
$ 362,096.64
$ 5,696.74
(b) Phase V
Que-Mar Construction Ltd.
Installation of services and re-alignment of road
Total value of contract
Total work done, Estimate Number 6
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 6,
dated September 18, 1979
$ 688,279.70
725,201.26
108,780.19
585,037.74
$ 31,383.33
Councillor Wayne stated that she brought to the attention of staff a problem encountered by a Mr.
Davidson of River Avenue as a result of the above project, and that as the staff report she received is un-
satisfactory, she asked if the City Manager would view the site with her. The Mayor suggested that such matter
could be arranged between the City Manager and Councillor Wayne.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificate in connection with the following named
capital project:-
1.
Lorne School Play~round
Rc:nA,'uWoods Construction
Playground construction
Total value of contract
Totaltwork done, Estimate
Retention
Payments previously
Sum recommended for
'_-:;l~.i ;::1' ~:."':-. i 1:, '-,-
.... :-":.,f,: ,-C .":.. ue :",
':":1 '.:
;0: .:.'
. .'~ '." . ~ ~
.'.'.- --.,./..
. 'n'J_~S
....1...;;;\-
Limited
-J~:
-;'..,
:""'<-;1
Number 3
$ 39,941. 47
42,628.52
1,973.66
35,733.36
$ 4,921. 50
approved
payment, Progress Estimate Number 3,
dated September 20, 1979
Read a joint report from the City Manager, Commissioner of Engineering and Works, and Traffic Engineer;"
regardilig.ithedemergencypexit'betweeneAllingham Crescent and Sand Cove Road, advising that when this area was
subdivided by the'New Brunswick Housing Corporation an emergency exit (pUblic) right of way 30 feet in width
was created from Allingham Crescent to Sand Cove Road, the purpose of which was to gain servicing access to the
property fronting on Sand Cove Road and also to provide a second means of access to the area in the case of an
emergency that would block Daniel Drive; further advising that this emergency exit was provided as a 30-foot
wide right of way with a one lane gravel surface and was not intended for regular use - the exit is not main-
tained as a regular means of access, only limited grading is done and no snow plowing; that the emergency exit
was being used by some people for access with vehicles and causing problems for abutting properties and as this
type of use was not intended for this right of way and caused problems which needed to be stopped, a guiderail
barrier was placed across the exit, and if there is an emergency that requires a second access to the sub-
division then the barrier can be removed, or in the winter the exit plowed, and recommending that the emergency
exit continue to be blocked to regular use and be opened for use only if an emergency warrants its use.
Councillor Murphy proposed a motion, which was not seconded, that the said roadway remain blocked for
the present, and that the matter be referred to the Engineering and Works Department for an estimate of cost to
make the said roadway safe.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the above report be received and filed and the recommen~.,'
dation contained therein adopted.
Councillor Murphy advised that following several complaints from residents of the above area, staff
viewed the situation and declared the said roadway not safe, and that is the reason for his above proposed
motion. He stated he feels that if an estimate was received from staff, Council would then be in a position to
make a decision on whether to provide a second access for the area or to leave the roadway blocked off as at
present. Mr. MacKinnon advised that there is no basis for an emergency road in that area and that the roadway
in question is not a road that the City is responsible for, and was constructed by the New Brunswick Housing
Corporation and was only intended as a means of servicing at the rear of the properties during development and
was never intended as a road into the development.
Councillor Murphy voted "nay" to the above motion.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the bid of Beckwith
Bros. Ltd., in the amount of $7,825.00, be accepted for the supply and installation of a 5,000 gallon fibreglass
diesel storage tank and a dual pump, being the-lowest bid received.
118
"
~
"
\~eigh,p~: Improvemen
Program
West Side
'R.R.A.P.
'Unsightly Premises
By-Law
'Street Closing
By-Law
'Hawtrey Street
'St. James St. West
'Tower Street
'Z .
on1ng By-Law
re-zoning
.671 Charles Street
~arnard McGrath
re-zoning
conditions
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint report from the City Manager and Mr. R.
Thompson, Chief, Rehabilitation Services, Housing and Renewal Services Branch, advising that further to
the Federal Government's allocation of the amount of $200,000.00 under the Community Services Contri-.
bution Program for neighbourhoOd improvement in the West Side, staff has reviewed the initial number of
neighbourhood improvement projects submitted, and in view of the fact that the prime requisite for the
utilization of such funding is for the improvement of the local neighbourhood and also because it is a
requisite of the funding authorities that the funds be utilized in a location which will tend to most
visibly enhance the neighbourhood, and because King Street in the West Side is in a sadly deteriorated
state, it is recommended that the two blocks of King Street in the West Side be chosen as the focal point
for neighbourhood improvement and the area wherein the $200,000.00 should be 'expended '--be received and
filed and the $200,000.00 Community Services Contribution to the City for the West Side Improvement
Program be expended as recommended in the said letter.
In reply to a query of Councillor Elliot, Mr. Barfoot advised that it is the intention of the
Engineering and Works Department to have the work in question completed within the time constraints,
which is scheduled for completion this year. Mr. Buck advised that R.R.A.P. funds for the rehabilitation
of buildings, which is a separate program only available in Neighbourhood Improvement Program areas, are,
available in the West Side, however, the response has not been as good as the City had hoped. "He also
outlined the method citizens should use in applying for such funding.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law Respecting Dangerous
Or Unsightly Premises Within The City of Saint John" be read a third time and enacted and the Corporate
Common Seal affixed thereto.
The by-law entitled, "A By-Law Respecting Dangerous Or Unsightly Premises Within The City of
Saint John" was read in its entirety prior to adoption of the above resolution.
,On motion of Councillor Wayne
Seconded by Councillor Murphy
, RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways
or portions of highways:
1. Hawtrey Street - All that certain lot, piece or parcel of land, situate, lying and being in the City
of Saint John and the County of Saint John and the Province of New Brunswick, being described as follows:
Beginning at the point of intersection of the southern sideline of Hawtrey Street and the
western sideline of Kingsville Road, thence proceeding in a southerly direction along the said western
sideline of Kingsville Road two (2') feet, more or less~ Thence in a westerly direction along the said
southern extremity of Hawtrey Street 93.25 feet, more or less. Thence in a northerly direction two (2')
feet more or less. Thence in an easterly direction 93.25 feet, more or less to the place of beginning,
containing 186.5 square feet.
2. St: James Street West - All that certain lot, piece or parcel of land, situate, lying and being in the
City of Saint John, in the County of Saint John and Province of New Brunswick, being described as ,>
follows:
All that portion of St. James Street, West, lying between the eastern boundary of Albert Street
and the railway.
3. Tower Street - All that certain lot, piece or parcel, of land, situate, lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, being described as follows:
A'strip of land measuring 26.9 feet on the northern side of Tower Street in Brooks Ward between
Lancaster Street and City Line and being adjacent to Lot 362, comprising approximately 30 square feet,
measuring 1.8 feet on the western end,and .5 feet on the eastern end.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
Councillor Murphy noted that several persons were under the impression that the above street
closing of Hawtrey Street included the whole street. The Mayor noted that information on portions of
streets'advertised to be closed can be obtained by citizens from the Common Clerk's Office.' Councillor
A. Vincent suggested that in the future a small map of the portion of streets to be closed could be shown
in the newspaper advertising.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of
Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act,
R.S.N.B. 1973" was read in its entirety prior to adoption of the above resoiution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that, the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property at 671 Charles Street'West (L.R.I.S.
Number 033332)" from "RM-l" Multiple Residential to "B-2" General Business district, be read a third time
and enacted and the Corporate Common Seal, affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the said re-
zoning be on the following conditions: (a)" that the use of the property shall be restricted to a beauty
salon and dress boutique (clothing store); (b) that the external appearance of the existing building on
the property shall not be altered; (c) that off-street parking shall be provided on the easterly portion
of the site, and the required parking area shall be improved as set out in the Zoning By-Law; (d) that
vehicular access to the property shall be via Greystone Terrace only; (e) that a maximum of sixty square
feet of non-illuminated fascia signage shall be permitted; and (f) that all portions of the site not
covered by buildings or used for driveways, sidewalks and parking shall be landscaped with grass and
other plant materials.
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,'~ -~""".~:~""":,,.;-::~ - ~~':';.'C;~:;'''~r:.~''
119
,
.\committee of
, the Whole
I
Patridge
\ Island Preser-
vation Project
1
"'Counc. Wayne
.'Bayside Drive
I
,
Can. Red Cross
Society
'Grant
,S.J. Heritage
Trust Inc.
.
'Germain St
I 'curbs, granite
I
,S.J. Law
Society
Supreme Court
facilities
" County Court
House
.
\ Santa Claus
..Parade
Committee.
, Grant
....
'The by-law entitled, "A Law to Amend the Zoning By-'Law of the City of Saint John and Amendments
Thereto" was :read in its entirety prior to adoption of the above resolution.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
report s
Your Committee begs to report that it sat on Monday, September ITth, 1979, when there were present
Mayor Davis and Councillors Clark, Elliot, Green, Knibb, MacCallum, Murphy, Pye and Wayne, and your Committee
begs to submit the following recommendation, namely:-
1. That as recommended by the City Manager, a grant of $700.00 be made by the City of Saint John to the
Partridge Island Preservation Project toward the cost of completing work on buildings, installations, and
signing of sites, which project had been undertaken with the aid of a Young Canada Works Project grant.
24th September, 1979,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above report be received and filed and the recom-
mendation contained therein adopted.
During 'discussion on the above recommendation, Mr. McDermott stated that staff is presently working
on plans for Partridge Island, which will be submitted to Council for approval.
Read a letter from Councillor Wayne advising that in the very near future the City will be making
changes at the corner of Bayside Drive and Loch Lomond Road and at that time she would ask that the City
Manager look into having some changes made in the lighting system that presently exists at that corner :
regarding left-hand turns from Loch Lomond Road onto Bayside Drive. Councillor Wayne stated she would ask
that a flashing green light be installed to facilitate left-hand turns onto Bayside Drive. During discussion,
Mr. MacKinnon outlined plans which have been developed for this intersection, which will include the instal-
lation of a new traffic lighting system, as well as provision for pedestrian crossings.'
On motion of Councillor Wayne
'Seconded by Councillor Murphy
RESOLVED that the above letter be received and filed.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from the New Brunswick Division of The Canadian
Red Cross Society, requesting a grant from the City to assist in the entertainment of delegates to the Central
Council Meeting of the Society, to be held in Saint John on May 5th and 6th, 1980, be referred to the grants
committee.
(Councillors Gould and M. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Saint John Heritage Trust Inc. regarding
the City's plans for property situate at 1 Mecklenburg Street, be referred to the City Manager for a report
and recommendation.
During discussion the Mayor noted that the Provincial Minister responsible for the above building
has not decided on the amount to be contributed torward the cost of repairing this building.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Saint John Heritage Trust Inc. with reference
to the removal of granite curbstone on Germain Street, between Queen and Duke Streets, which are to be replaced
with concrete curbs as part of the Neighbourhood Improvement Program, advising that it appears that some
direction from Council is required to ensure that Council's intentions as expressed in recent resolutions
regarding this area are not inadvertently thwarted in the meantime, be referred to the City Manager for a
report and recommendation.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from The Saint John Law Society regarding the
present inadequate Supreme Court facilities in the City, advising that it is understood the new jail facility
being constructed on Grandview Avenue should be completed sometime next year at which time the present jail
facility adjacent to the County Court House will no longer be required and that the present County Court House
could be preserved and fully utilized if an addition could be constructed on the site of the old jail; further
advising that the present County Court House is of significant historical importance to the community and
should be restored; and requesting the support of Council for this proposal and further requesting that the
City commence immediate negotiations with the Province to have the Province acquire the existing County Court
House on Sydney Street sO that it can be restored and form an integral part of the new Justice facility for
the City of Saint John -- be referred to legal session for a report on the status of negotiations with the
Provincial Government in this regard.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as requested by the Annual Santa Claus Parade Committee,
thatdthecCi tyto:f SainttJohn ~ underwri tet,tlie::finaric~ng of' this parade, should a deficit occur, in an amount not
to exceed $1,000.00, be referred to the grants committee.
120
"
Santa Claus Parade
\. Committee
Button sale
, '"'-'
... re_~zoning
,Royal Bank of Canada
,Cedar Investments
Ltd
'Michael McGrath
,998 Rothesay Rd
-.--
're- zoning
'Kier M. Adams
'77 Glen Rd
-:~ _.~_-:_~
.-";~~""-- -=-=- -!'"=.::'
.....re-zoning
,Moose Mountain Farms
Ltd.
'Loch Lomond Rd
,Glen Falls Elementar
School
,Council meeting
'(motion lost)
:'L E GAL
S E S S ION
'Hugh H. McLellan
'Snowflake Lime Ltd
,Saint John Law
Society
Supreme Court
facilities
'County Court House
Regarding a query of Councillor A. Vincent with respect to previous Council action regarding a grant
made to the Committee for the sale of buttons, the Mayor stated that a report will be obtained from the
Finance Department.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from the Royal Bank of Canada for re-
zoning of property owned by Cedar Investments Ltd. and/or Michael McGrath and located at 998 Rothesay
Road, be referred to the Planning Advisory Committee for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from Mr. Kier M. Adams for re-zoning
of property located at 77 Glen Road, be referred to the Planning Advisory Committee for a report and
recommendation.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the application from Moose Mountain Farms Ltd.
for re-zoning of property on Loch Lomond Road at Hickey Road, be referred to the Planning Advisory
Committee for a report and recommendation.
At this time Councillor Wayne read a letter she received from students of Grade 4 at Glen Falls
Elementary School thanking the City for the new playground equipment installed at the said School.
The Mayor noted that October 8th, Thanksgiving Day, is a holiday and he asked if Council wished
to schedule a Council meeting during that week.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that Council meet on Tuesday, October 9th, 1979.
Question being taken, the motion was lost, a tie vote having been created with the Mayor and
Councillors Elliot, Murphy and'Pye voting "nay".
The Mayor stated that such item will be considered again at the next Council meeting.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that this meeting continue, in legal session.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Hugh H.'McLellan, solicitor for
Snowflake Lime ,Ltd. regarding trespassing by City work crews over property owned by the said company on
Bridge Street, be referred to the City Manager and the Legal Department for a report on the City's legal
position in this matter.
Consideration was given to the letter from The Saint John Law Society regarding Supreme Court
facilities in the City. Councillor A. Vincent, Chairman of the Land Committee, verbally reported on
present negotiations with the Provincial Government in this regard.
'On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that Council approve of the Provincial Government acquiring
the existing County Court House on Sydney Street so that it can be restored and form an integral part of
the-new justice facility for the City of Saint John.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the Mayor be directed to write to the Provincial
Minister of Supply and Services, and other Provincial Ministers concerned, expressing Council's interest,
in the above matter, and forward a copy of the letter from the Saint John Law Society for their information.
On motion
The meeting adjourned.
~e"'
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the first day
of October, A. D., 1979, at _7.00 o'clock p.m.
present
G. Forbes Elliot, Esquire, Deputy Mayor
Councillors Clark, Green, Knibb, Landers, Murphy, MacCallum, Pye,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, -CityManager,N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solici~or, J. C.
MacKinnon, Commissioner of Engineering and Works, J. Gabriel, Deputy
Commissioner of Works, C. E. Nicolle, Director of Recreation and Parks,
J. F. Ross, Chief of Police, and R. Thompson, Chief of Rehabilitation
Services Servicc~
.
01
1
.
I
.
1
I
.
.....
,...
.>;.--;"<'-'-,"
121
.
, Demoli tion
costs
I
~Street closing
,Winfield Lane
I
'Street closipg
By-Law
.
1
'C.O.I.L.
.
1
I
'Petition
All ingham
...... Crescent
re emergency
exist
.
...
The meeting opened with a prayer which was invoked by Reverend Dr. D. S. Calkin of Waterloo Street
Baptist Church.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that minutes of the meeting of Common Council, held on September
24th last, be confirmed.
In reply to a query of Councillor MacCallum as to when the requested report on the progress of
recovering demolition costs incurred by the City will be presented to Council, the City Manager advised that
such report will be made available to Council at the next meeting.
The Common Clerk advised that advertising was completed regarding the proposed closing of a portion
of Winfield Lane and that no written objections were received. It was noted that nO person was present to
speak either against or in favour of the proposed street closing.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following portion of highway:-
Winfield Lane - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, more particularly described as follows:
All the remaining portion of Winfield Lane, identified as Lot No. 20 in Block 16 on a Subdivision Plan of
Forest Hills, filed in the Saint John County Registry Office on the 27th day of July, 1961, as File 34 #173.
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by,..law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in the City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following portion of highway:-
Winfield Lane - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint
John, in the County of Saint, John and Province of New Brunswick, more particularly described as follows:
All the remaining portion of Winfield Lane, identified as Lot No. 20 in Block 16 on a Subdivision Plan of
Forest Hills, filed in the Saint John County Registry Office on the 27th day of July, 1961, as File 34 #173.
- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
,
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the report from the City Manager with regard to the
letter from'Mr. Donald J. Shea, President of Centers Offering Independent Lifestyles Inc. respecting access to
public buildings for the disabled, curb ramps and parking spaces, advising that with respect to new public
buildings, access for the disabled is covered by a supplement to the National Building Code which contains
provisions for ramps, washroom facilities, elevator call buttons etc. and that the Building Inspector's
office examines plans and inspects construction to ensure compliance with this Code; with respect to existing
public buildings, there is no blanket requirement for retrofitting to comply with the requirement for new
construction - each situation would have to be examined on its merits and if renovations are taking place,
then existing construction can be modified to bring it into line with requirements for access to the disabled;
further advising that the City has already adopted a policy to ramp all new curbing at street intersections in
order to make access easier for the disabled for wheelchairs and for perambulators and again, existing high
curbing is being examined if the need arises; further advising that parking spaces for the disabled are also
being examined and provided where required on an ad hoc basis, such parking spaces are designated by a special
sign, which must also be displayed by the vehicle parking in the space, and there is no section or schedule in
the Traffic By-Law which provides for such designation or for enforcement, but if the number of parking spaces
for the disabled increases to any great extent, then appropriate by-law amendments to provide for enforcement
will be brought to Council -- be received and filed and a copy of the said report be forwarded to Mr. Shea.
During discussion of the above matter, Mr. McDermott advised that a letter will be written to Mr.
Shea asking for a list of handicapped persons requiring such designation of parking spaces near their places
of employment.
Consideration was given to a petition from residents' of Allingham Crescent with regard to a motion
adopted at the last Council meeting that the emergency exit between Allingham Crescent and Sand Cove Road
continue to be blocked to regular use and opened for use only if an emergency warrants its use, advising that
this course of action is not acceptable to the said residents and noting that before N. B. Housing would agree
to this development it insisted that there would have to be a second way out and considerable money was spent
to put this road in. The petition further states that there is a senior citizens development in the near
vicinity and also a church and if Danells Drive should become blocked for any reason the residents of Alling-
ham Crescent would need this emergency exit to get out; the residents agree that the exit road remain closed
temporarily until the Works Department can make a report to Council as to the cost of making the exit safe for
use (this does not necessarily mean paving or extensive work) and would therefore respectively request that
Council have an estimate of cost prepared to bring the road up to a safe standard.
, . -
, ~,_,_,:~-,,:_, __.).i..~
(CounCillor Green withdrew from the meeting)
122
"
Roger Arsenault
re emergency exit
,from All ingham
Cres.
\ Danger,ous & dilap,i-
...1.. _ . .u" _, _ . )" "'_" ~ :.J'
dated blgd.
'138 Wins low St
'Capital projects
,Fire Station #2
'W. E. Kelly Ltd.
'Loch Lomond Rd
\ Metro Const. Ltd
'Stephen Const Ltd
'Dominion Park
'Darkil Const. Ltd.
Mr. Roger Arsenault was present at the meeting on behalf of the residents of Allingham Cres-
cent and displayed the original plan for co-operative housing in this development, which shows an
emergency exit public, road and he stated that it was a requirement of the New,~runswick Housing at that
time that there be a second access to the development. He 'advised that when the residents approached
the Corporation to upgrade the said emergency exit road, they were advised that it was now the respon-
sibility of the City of Saint John, and when the City was approached in this regard, the residents were
told it was only an emergency exit road and was not to be serviced. He advised that when City staff was
asked the reason for a barricade having been placed on this road, they were told that it was because the
road was unsafe, following which the residents presented their original petition to Council. He ex-
pressed the desire of the area residents to have the barricade removed and the road upgraded, in order
that a second access would be available, as was originally planned for the area. Discussion ensued
between the Council members and Mr. Arsenault on the request of the residents that this roadway be
opened for emergency use only, and Mr. MacKinnon explained that staff was led to believe that this
roadway was being used as a City street, when in fact it is not a City street, and following a request
that it be upgraded, and upon inspection, staff erected the barricade - it was not intended to be a
street as such, and if it had been so intended, the City would not have accepted it as a City street due
to its condition. Following discussion, the Deputy Mayor advised Mr. Arsenault that Council will make a
decision in this matter, later in the meeting.
.
,I
Notice had been sent to Harold R. Grew, Owner; Ralph A. Woodley and Agnes P., his wife, First
Mortgagee; and Charles Frederick Stubbs, Second Mortgagee, to appear at this meeting to show cause, if
any, why the building located at 138 Winslow Street should not be removed or destroyed as a dangerous or
dilapidated building. Mr. Lodhi referred to his report to Council and exhibited photographs of this
property. He stated that in his opinion this two-storey,wood frame building is beyond repair, dilapi-
dated and dangerous, being a potential fire hazard, and he would therefore recommend that the said
building be declared dilapidated and dangerous and the owners be compelled to destroy or remove this
building under the provisions or the 1925 Building Act. No person was present with respect to the said
property.
I
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that notice having 'been given to Harold R. Grew, Owner;
Ralph A. Woodley and Agnes P., his wife, First Mortgagee; and Charles Frederick Stubbs; Second Mortgagee, .
being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of
the building located at civic number 138 Winslow Street, in the City of Saint John, requesting that the
said owners appear before this meeting of the Common Council to show cause why the said building should
not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of
the Building Inspector; the Common Council hereby deems and declares the said building located at civic
number 138 Winslow Street, in the said City"to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Harold R. Grew, Ralph A. Woodley and Agnes P., his
wife, and Charles Frederick Stubbs, are hereby required to remove or destroy the said building situate
at civic number 138 Winslow Street, in the City of Saint John, within ten days after receiving notice to
do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon'failure of the said Harold R. Grew, Ralph A. Woodley and I
Agnes P., his wife, and Charles Frederick Stubbs, to remove or destroy the said building situate at
civic number 138 Winslow Street, in the City of Saint John, in compliance with the request of such
notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the
said Harold R. Grew, Ralph A. Woodley and Agnes P., his wife, and Charles Frederick Stubbs.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates in connection with the following
named capital projects:-
1.
Fire Station Number 2
Loch Lomond Road and McAllister Drive
W. E. Kelly Ltd.
Construction
Total value of contract
Total work done, Estimate Number 9
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 14, 1979
.
$ 409,000.00
409,000.00
10,264.91
338,924.83
9,
$ 59,810.26
$ 320,509.50 -I
303,301. 32
9,099.04
283,560.61
5,
$ lO, 641. 67
2.
Loch Lomond Road
(a) Metro Construction (78) Limited
Grading, widening and concrete work
Total value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 26, 1979
(b) Stephen Construction Ltd.
Paving ..,
Total value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated September 26, 1979
$ 114,368.00 I
169,934.42
5,098.03
159,574.96
$ 5,261.43
3.
Dominion Park
Darkil Construction Ltd.
Beach house construction
Total value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated September 26, 1979
$ 1l,6TT.49
$ 79,144.00
88,746.96
2,662.40
74,407.07
.
~
,...
;.U~3
.
I.
'\ Tender accept
\Metro Const
(78) Ltd
,Kanes Corner
I
'D. Hatfield,
Ltd.
, Hugh McLellan
Snowflake
,
Lime Ltd.
.
I
.
I
\Dangerous &
Dilapidated
Bldg.
Prop: Latimore
'\ Lake Road
I
.
.....
Mr. MacKinnon explained the reason for the contract for paving of Loch Lamond Road resulting in a
higher figure than the original va~~e of the said contract. He advised that when such an increase in the
contract price is approved by Council; such extra is then added to the total contract amount in subsequent
progress payments. The Deputy Mayor suggested that perhaps Council could be advised when the total value of a
contract is changed in this manner.
Councillor Landers voted "nay" to the above motion, stating he is still of the opinion that the
above fire station was built in the wrong location.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the tender of Metro
Construction (18) Limited, in the amount of $209,190.20, be accepted for the reconstruction of Kanes Corner,
being the lowest tender received.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
granted for payment
D. Hatfield, Ltd. -
RESOLVED
of the following invoices:-
Water Dept. (equipment rental)
Works Dept. (equipment rental)
Works Dept. (equipment rental)
August 16-31, 1919
August 16-31, 1919
Sept. 1-15, 1919
$ 6,241.00
$ 40,646.22
$ 31,501.98
that as recommended by the City Manager, approval be
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the report from the City Manager with regard to the
letter from Mr. Hugh McLellan, solicitor for Snowflake Lime Ltd., expressing his client's concern that the
City has allowed holders of demolition permits to dump on his client's property, and requesting that waste
material be removed and the property be restored; advising that the Building Inspector reports that the City
has not approved the dumping of waste material by holders of demolition permits .on Snowflake Lime property and
a check has been made of demolition permits back for some years, and no reference can be found to any approval
for dumping of demolition debris in this vicinity; further advising that there is a property immediately
upriver of the old burners at Pokiok where dumping of debris has taken place some time in the past and it
would appear that this dumping may have encroached on the Snowflake Lime property which runs along the base of
the cliff, however, the City has not been involved in granting any approvals and recommending that Mr.
McLellan be advised that the City has not been involved with any dumping on his client's property -- be
received and filed and the recommendation adopted.
Councillor Wayne stated she is not sure where the City Manager obtained the information contained in
the above report, as this date she was shown photographs by Councillor MacCallum which show City Works Depart-
ment vehicles dumping on the said property. Councillor Murphy stated that in the past the granting of a
demolition permit by the City did not automatically grant dumping privileges, however, now that the City has a
sanitary disposal site and a schedule of fees for dumping at the said site, he feels that the permit when now
issued should stipulate that the materials must be taken to the landfill site, which will give protection to
landowners such as Snowflake Lime. Mr. Barfoot reported that the information contained in the above report
was obtained from records in the Building Inspector's office regarding the dumping of waste materials from
demolitions, which was the question raised in the original letter from Mr. McLellan. On viewing the photographs
referred to by Councillor Wayne, Mr. MacKinnon stated that three of the photographs show work undertaken by
the City around the storm sewer outflow that exits fram Newman Brook - he is familiar with the letter from Mr.
McLellan and understands that it only refers to the dumping of materials by holders of demolition permits.
Regarding the remaining two photographs, Mr. MacKinnon stated it appears that if they are City employees, they
were probably putting some asphalt down in that area, which he does not believe is the matter which was raised
by ~IT. McLellan. Councillor A. Vincent suggested that the City Solicitor should meet with Mr. McLellan in
this regard. Councillor M. Vincent referred to various areas of the City where waste materials had fallen
from trucks and he asked that the City Manager ask the proper officials, possibly the Police Department, to
try and curtail these occurrences, wherever possible.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending a further
report from staff.
Question being taken, the tabling motion was carried.
Notice had been sent to F. Dennis Boyle, Owner of the Freehold, to appear at this meeting to show
cause, if any, why the building located at Latimore Lake Road (L.R.I.S. Number 333419) should not be removed
or destroyed as a dangerous or dilapidated building. Mr. Lodhi referred to his report to Council and ex-
hibited photographs of this property. He stated that in his opinion this one and one-half storey wood frame
building is dilapidated and dangerous, being a potential fire hazard, and he would therefore recommend that
the said building be declared dilapidated and dangerous and the .owner be compelled to destroy or remove this
building under the provisions of the 1925 Building Act. No person was present with respect to the said
property.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that notice having been given to F. Dennis Boyle, Owner of the
Freehold, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John,
of the building located at Latimore Lake Road (L.R.I.S. Number 333419), in the City of Saint John, requesting
that the said owner appear before this meeting of the Common Council to show cause why the said building
should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of
the Building Inspector, the Common Council hereby. deems and declares the said building located at Latimore
Lake Road (L.R.I.S. Number 333419), in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said F. Dennis Boyle is hereby required to remove or destroy the
said building situate at Latimore Lake Road (L.R.I.S. Number 333419), in the City of Saint John, within ten
days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said F. Dennis Boyle to remove or destroy the
said building situate at Latimore Lake Road (L.R.I.S. Number 333419); in the City of Saint John, in compliance
with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof
recovered from the said F. Dennis Boyle.
Regarding the suggestion of Councillor A. Vincent that a lien should be placed against property for
demolition costs incurred by Mr R . th t t b
the City, . odgers stated that this item can be covered In e repor 0 e
J
124
presented
e nex mee lng, as re erre
o ear leT l.n
lsmee lng y
e l Y anager.
~Dangerous &
" Dilapidated Bldg.
Notice had been sent to Patrick V. Painter and Marjorie A. Painter, Owner of the Leasehold;
Q~!y ~. Sherwood and W. Paul Sherwood, Leasehold Mortgagees; Catherine Flynn and her heirs, John J.
Flynn, Patrick Flynn, Thomas Flynn and Francis Flynn, Leasehold Interest, to appear at this meeting to
show cause, if any, why the building located at 22 Millidge Street should not be removed Or destroyed
as a dangerous Or dilapidated building. Mr. Lodhi referred to his report to Council and exhibited
photographs of this property. He stated,that in his opinion this' two-storey wood frame building is
dilapidated and dangerous, being a potential fire hazard, and he would therefore recommend that the
said building be declared dilapidated and dangerous and the owners be compelled to destroy or remove
this building under the provisions of the 1925 Building Act. No person was present with respect to the
said property.
'Prop: 22 Millidge
Street
On motion of Councillor M. Vincent,
Seconded by Councillor Murphy
RESOLVED that notice having been given to Patrick V. Painter and
Marjorie A. Painter, Owner of the Leasehold; Otty S. Sherwood and W. Paul Sherwood, Leasehold Mortgagees;
Catherine Flynn and her heirs, John J. Flynn, Patrick'Flynn, Thomas Flynn and Francis Flynn, Leasehold _
Interest, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint -
John, of the building located at civic number 22 Millidge Street, in the City of Saint John, requesting
that the said owners appear before this meeting of the. Commo~ Council to show cause why the said
building should not be removed or destroyed as a dangerous or dilapidated building, and having' con-
sidered the report of the Building Inspector, the Common Council hereby deems and declares the said
building located at civic number 22 Millidge Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Patrick V. Painter and Marjorie A. Painter, Otty S.
Sherwood and W. Paul Sherwood, Catherine Flynn and her heirs, John J. Flynn, Patrick Flynn, Thomas
Flynn and Francis Flynn, are hereby required to remOVe or destroy the said building situate at civic
number 22 Millidge Street, in the City of Saint John, within ten days after receiving notice to do so
by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Patrick V. Painter and Marjorie A.
Painter, Otty S. Sherwood and W. Paul Sherwood, Catherine Flynn and her heirs, John J. Flynn, Patrick
Flynn, Thomas Flynn and Francis Flynn, to remove or destroy the said building situate at civic number
22 Millidge Street, in the City of Saint John, in compliance with the request of such notice, that the
Building Inspector cause such work to be done and the cost thereof recovered from the said Patrick V.
Painter and Marjorie A. Painter, Otty S'. oSherwood'cand. W. Paul Sherwood, Catherine Flynn and her heirs,
John J. Flynn, Patrick Flynn, Thomas Flynn and Francis Flynn.
Councillor Wayne referred to debris on a lot on Richmond Street, where demolition was recently
carried out, and she asked that this debris be removed by whoever is responsible in this regard. The
Deputy Mayor noted that Council had previously requested a report from the City Manager and City
Solicitor on the City's by-laws and the matter ~f enforcement, and that such report will probably
include incidents such as that raised by Councillor Wayne. Mr. Lodhi advised Council that the matter of
debris from a fire-damaged property, which is located at the rear of the lot referred to by Councillor
Wayne, is being looked after under the City's Unsightly Premises By-Law.
On motion of Councillor M. Vincent
'Tender accepted
'Gill Equipment Ltd
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the tender
of Gill Equipment Ltd., in the amount of $16,081.20, be accepted for supplying one only four wheel
drive tractor for use at the Hazen Creek Sewerage Treatment Plant, being the lowest tender received
that meets specifications.
In reply to queries, Mr. MacKinnon reported on the need and anticipated uses fOr the above
equipment at the Hazen Creek Sewerage Treatment Plant, and the manner in which specifications are drawn
up for such equipment by the City.
'Solid Waste By-Law
Read a letter from the City Manager submitting a proposed' new Solid Waste By-Law as prepared
~y the City Solicitor, advising that the said By-Law will replace the old Garbage By-Law and incorporates
many,.changesnfrom"'that';by-"law,,::'including: (1) establishment of new definitions for solid waste, garbage,
refuse, collectable solid waste, hazardous waste, solid waste container, refuse package, and curbside;
(2) provision for collection of refuse packages as well as solid waste c~ntainers; (3) provision for
the responsibility of owners and occupants for solid waste both when on their property and when-placed
for collection; (4) reduction of collectors license fees, and making them payable on a per vehicle
basis; and (5) changing of all measurements to metric units. The letter advises that in-conjunction
with this new Solid Waste By-Law it is proposed that a policy be implemented of charging certain
specified types of vehicles for depositing solid waste at the City disposal site at Spruce Lake, and
submitting the proposed fee 'schedule; ~urther advising that basically it is not proposed to make any
charge to City-owned vehicles, or to collectors under ,contract to the City, or to private automobiles
or any non-commercial vehicles with a load capacity less than half a tonne, or to vehicles hauling
clean fill - all other vehicles shall pay a fee based upon the weight of the load to be deposited at
the rate of $2.10 per ton. The letter recommends that the Solid Waste By-Law be given first reading,
and further that the submitted policy guidelines for the regulation of charges and fees at designated
waste disposal sites owned and operated by the City of Saint John be adopted.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By-Law for the Storage,
Collection and Disposal of Solid Waste in The City of Saint John, New Brunswick", be read a first time.
Councillor Wayne expressed her objection to the schedule of fees in the above proposed by-law
and stated that the $20.00 voluntary payment will ,do nothing to improve problems presently encountered
in the City, and she feels there should be two schedules of fees - one for minor by-law infractions by
the householder, and another for those in the commercial business of demolitions, etc. Councillor
Murphy stated he hoped the proposed by-law would be given ample publicity before it receives third
reading, to allow for input from the public. Councillor Clark stated he feels the $20.00 fine is
insufficent, and that in his opinion the minimum fine should be removed and the matter left to the
Courts to decide. Councillor Pye stated that the suggestion of Councillor Wayne that there should be a
distinction between minor and serious offences is well taken, but he, finds that that rests with the
judgement of our judicial system and in most cases a~udge would take that into account and judge
accordingly. Councillor Knibb noted'that staff had recommended a fine of $50.00 which Council. in
"
.
I
I
.
I
.
I
I
.
....
,...
125
.
1
'\ Solid Waste
By-Law
,Legal Dept.
I
.
I
'Policy re
charges &
fees
"Parade By-Law
.
I
'\(motion lost)
I
.
.....
Committee of the Whole decided was too high, and compromised at 20.00, and he wishes Council would
just accept the recommendations of staff, in this regard..- Regarding a statement of Councillor A. Vincent
that he understands that the City is not required to accept the voluntary penalty but can let the matter
proceed to Court, Mr. Rodgers stated that in his opinion, such voluntary payment provisions are inserted
in by-laws for convenience, but the discretion is certainly left with the City that if there is a flagrant
serious violation, the City can go to court and ,ask the Judge to assess the maximum fine, if the City refuses
to accept such voluntary payment. He stated that if the proposed wording in the by-law does not cover this
matter, such wording can be changed before third reading to ensure that discretion to accept such voluntary
fine is left with the City.
--.
Moved in amendment by Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the Legal Department make any necessary changes to
the proposed Solid Waste By-Law to ensure that the City reserves the right to refuse to accept a voluntary
fine under the said by-law.
Councillor Clark suggested that an attempt should be made to break down the various penalty provisions
in the proposed by~law, based on the seriousness of the offence. The Deputy Mayor asked that this matter also
be included in the additional report to be prepared by the City Solicitor, prior to third reading. Mr.
Rodgers agreed to examine this matter.
Question being taken, the amendment to the motion was carried with Councillor Landers voting "nay".
Question being taken, the motion, as amended, was carried with Councillor Landers voting "nay".
Read a first time'the by-law entitled, "A By-Law for the Storage, Collection and Disposal of Solid
Waste in The City of Saint John, New Brunswick".
On motion of Councillor Knibb
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law for the Storage, Collection
and Disposal of Solid Waste in The City of Saint John, New Brunswick", be read 'a second time.
Councillor Landers voted "nay" to the above motion.
Read a second time the by-law entitled, "A By-Law for the Storage, Collection and Disposal of Solid
Waste in The City of Saint John, New Brunswick".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the submitted policy
guidelines for the regulation of charges and fees at designated waste disposal sites owned and operated by the
City of Saint John be adopted.
Councillor Landers voted "nay" to the above motion.
Read a letter from the City Manager submitting a by-law to regulate parades in the City of Saint
John, as prepared by the City Solicitor.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A By-Law Regulating Parades and
Other Similar Uses of Public Places in The City of Saint John, Made Under the Authority of the Municipalities
Act, R.S.N.B. 1913, and Amendments Thereto", be read a first time.
During discussion of the proposed by-law, several Council members expressed objection to the proposed
$25.00 charge for a parade permit. Mr. McDermott noted that the proposed by-law is presented to Council for
discussion purposes only and for input by Council members, and in reply to a query, advised that input will be
received from the Police and Fire Departments in this regard.
Moved in amendment by Councillor Landers
Seconded by Councillor Wayne
RESOLVED that subsection (4) of section 4 of the proposed Parade By-Law
be changed to provide for a nominal fee of $1.00 for parade permits.
Councillor M. Vincent stated that he feels the proposed amendment is covered in section 3 (c) of the
proposed by-law which provides that the by-law shall not apply to a governmental agency acting within the
scope of its functions, which could apply to such events as the Santa Claus Parade and, Loyalist Days parade.
He further expressed the view that the $25.00 permit fee is reasonable.
Question being taken, the amendment to the motion was lost with the Deputy Mayor and Councillors
Clark, Murphy, MacCallum, A. Vincent and M. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the proposed Parade By-Law be laid on the table for two
weeks for study by Council members.
Question being taken, the tabling motion was carried.
The Deputy Mayor made a further suggestion for consideration by staff, that notification of forthcoming
parades also be given to hospitals.
(Councillors Clark' and M. Vincent withdrew from the meeting)
126
"
.' Expropriation
'Saint John Tug Boat
Co. Limited
'McFarlane, Son &
Hodgson Ltd.
Comm i ttee of
the Whole
'Recreation N. B.
Conference
, Grants
" Land Committee
'Beverly Mills
(motion rescinded)
'Land Committee
'William Vaughan
"' Surrender of Lease
"Land Committee
\Martin Bros. Co.
"Vulcan Street
On motion of Councillor Murphy
Seconded by Councillor Wayne
~ESOLVED that the following resolution be adopted, namely:-
.
"WHEREAS the City of Saint John as Expropriating Authority did on the 30th day of November,
A. D. 1911 confirm its Notice of Intention to Expropriate a portion of lands located on the western side
of'Bayside Drive owned by Saint John Tug Boat Co. Limited and McFarlane, Son & Hodgson Ltd. by register-
ing in the Saint John County Registry Office a Notice of Expropriation;
AND WHEREAS no agreement has been 'reached with the owners concerning compensation for lands
expropriated;
AND WHEREAS subsection 37(1) of the Expropriation Act requires that an offer and tender of
compensation be made to the owners, based upon the Expropriation Authority's estimate of the value of the
land expropriated;'
I
AND WHEREAS an appraisal report has been prepared by the appraisal firm of de Stecher, Miller &
Law Ltd. upon which report the following offer is made:
NOW THEREFORE BE IT RESOLVED that the following sum be offered and tendered: to Saint John Tug
Boat Co. Limited, as owner of the fee simple in the said lands, $22,000.00, being the appraised market
value of ' the lands taken and the damage to the remainder, plus an amount representing interest calculated I
at the rate of 6% per annum from February 28th, 1918 to the date of the tendering of the compensation
hereunder:
AND FURTHER BE IT RESOLVED that the sum so offered and tendered be accompanied by a copy of the
said appraisal report.".
Councillor A. Vincent asked that he be provided with copies of all correspondence regarding the
above expropriation.
Question being taken, the motion was carried with Councillors MacCallum, Pye and A. Vincent
voting "nay". .
Read 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 begs to report that it sat on Monday, September 24th, 1919, when there were
present Mayor Davis and Councillors Elliot, Knibb, Landers, MacCallum, Murphy, Pye, A. Vincent and Wayne,
and your Committee begs to submit the following recommendation, namely:-
1. That the City of Saint John sponsor a breakfast for delegates attending the Recreation New
Brunswick Conference to be held in Saint John on October 11th to 14th, 1919, in the amount of $350.00.
I
1st October, 1919,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
, Chairman.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the above report be received and filed and the
recommendation contained therein adopted.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from 'the Land Committee advising that
on September 11th, 1918 Common Council agreed to sell'to Mr. Beverly Mills of 109 Topeka Street a City-
owned lot on Belgrave Street for the sum of $8,000.00 and the Committee was informed by staff on September
25th that repeated attempts to contact Mr. Mills to finalize the transfer of title have met with no
response, and recommending that the said Council resolution of September 11th, 1918 to sell the lot to
Mr. Mills be rescinded, and the lot be re-advertised for the sum of $8,000.00 on a first-come first-serve
basis, be received and filed and the recommendation adopted.
.
(Councillor Clark re-entered the meeting)
1
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from the Land Committee advising that a
portion of City-owned land, Part Lot 930, Dukes Ward (112-114 Wentworth Street), is leased to Mr. William
Vaughan for $50.00 per year on the basis of a lease dated October 1962 and no rent has been paid since
1912 and the building was demolished by the City as dangerous and dilapidated on May 11th, 1919, and Mr.
Vaughan has now agreed to surrender the lease to the City; and recommending that the City prepare the
neces~ary documents in order that the City can accept Mr. Vaughan's surrender of lease, be received and
filed and the recommendation adopted, and that authority be granted for the Mayor and Common Clerk to
execute the said Surrender of Lease on behalf of the City.
I
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the. letter from the Land Committee advising that the
Committee, at its meeting held on September 25th, 1919, approved the sale by tender of the steel building
which forms part of the Vulcan, Street property, and that the highest of the six bids received was from
Martin Bros. Co. Ltd., in the amount of $2,002.00 -- be received and filed and authority be granted for
the sale of the said steel building to Martin Bros. Co. Ltd., in the amount of $2,002.00.
.
~
,...
-127
""Plan. Advis.
Comm.
'Joseph Steele
- Counc. Wayne
1 ... Taxi By- Law
.1
'\ re met ers
in taxis
.
, re-zoning
Robert H.
" Wisted
'- 10-12 Glenview
Ave.
1
'- re- zoning
applications
.' Richard's
Service
Centre
'\ Waterloo St.
'- Atlantic Assoc
of Historians
'I
'Grant
(motion lost)
I
'Peti t ion
'- Patterson St
. Ruth Kirk-
patrick
...
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee, Council
approve and accept the sum of $128.00 as money in lieu of land for public purposes with respect to the sub-
division application of Joseph Steele regarding property located on the north side of Hillcrest Road.
(Councillor M. Vincent re-entered the meeting)
Read a letter from Councillor Wayne advising that over the past two years she has received many
citizen complaints with regard to our present taxi industry and our Taxi By-Law, and the way in which it is
being implemented in the City of Saint John, and submitting a brief which makes the following recommendations,
which she feels should be adopted: '(1) Make available to the taxi inspector a mechanic and a garage - all
vehicles must pass inspection prior to licensing; (2) Legislate meters as the sole determinant of fares; (3)
Limit the amount of taxis in Saint John and make the license the property of the taxi owner.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the brief and recommendations from Councillor Wayne
regarding the taxi industry and the City's TaXi By-Law, be reviewed by the Taxi Inspector and the City Manager,
with a view to having meetings with the taxi companies in the City to discuss the brief, and to report back to
Council in the very near future.
Considerable discussion ensued regarding the proposed recommendations as submitted by Councillor
Wayne, during which it was noted that the present Taxi By-Law permits the use of meters in taxis, however, due
to the large area of the City, such use is not feasible. Mr. McDermott reported that a meeting between staff
and taxi owners in the City has been arranged for Thursday, October 4th next at 1 p.m. in the eighth floor
boardroom, to which any interested Council members are invited to attend. He further advised that members of
the taxi industry are being asked for any suggestions they may wish to make before the staff reports to Council
on the suggested recommendations of Councillor Wayne. Councillor Landers suggested that a copy of the said
brief should be given to representatives of th~ taxi industry prior to the scheduled meeting.
Councillor Murphy proposed a motion, which was seconded by Councillor MacCallum,that the application
from Mr. Robert H. Wisted for re-zoning of property located at 10-12 Glenview Avenue, be referred to the
Planning Advisory Committee for a report and recommendation.
Councillor Wayne stated that while she originally agreed with the change in procedure to have re-
zoning applications forwarded to the Planning Advisory Committee before a decision is made by Council for the
necessary advertising, she now does not feel that this is a good system in view of the long delays caused to
citizens as a result of this procedure. She noted that she was told by staff at the time of the change in
procedure that this method would "streamline" re-zoniIlg applications, however, this has not proven to be the
case. Following discussion" Councillor Murphy, with the consent of the seconder, withdrew his proposed motion.
"
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the application from Mr. Robert H. Wisted for re-zoning of
property located at 10-12 Glenview Avenue, be referred to the Planning Advisory Committee for a report and
recommendation, and that authority be granted for the necessary advertising.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the City Manager be requested to look into the present
procedure of processing re-zoning applications and report to Council.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Richard's Service Central regarding
parking problems on Waterloo Street, be referred to the City Man~er for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from Ann Gorman Condon, Conference Organizer,
requesting a grant from the City for the financing of tour buses with regard to the Atlantic Association of
Historians annual conference to be held in Saint John on October 12th to 14th, be referred to the grants
committee for consideration.
Councillor Knibb suggested there is no need for the above request to be referred to the grants
committee as it is not eligible under the City's present policy.
Question being taken, the motion was lost with the Deputy Mayor and Councillors Clark, Knibb,
Landers, MacCallum, Pye, A. Vincent and M. Vincent voting "nay".
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that the letter from Ann Gorman Condon, Conference Organizer,
requesting a grant from the City for the financing of tour buses with regard to the Atlantic Association of
Historians annual conference to be held in Saint John on October 12th to 14th, be received and filed and Mrs.
Condon be advised that Council regrets that it cannot grant their request for assistance.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Ruth Kirkpatrick, and the petition from
residents of Patterson Street, regarding parking problems encountered on the said street, be referred to the
City Manager for a report and recommendation.
Councillor Wayne expressed her concern with comments in the above letter which states that on
contacting the Traffic Division, the residents were told to write to Council, and stated she feels the said
staff should be able to tell the residents whether their request can be met or not.
128
"
~
'Liquor license
'Establishment, 1979
" Peti tion
-Allingham Crescent
re emergency exit
~Dept. of Veterans
Affairs
:~:'~le seconJOnlmotion ofoCounbirlore'iayhe :. :C'0:5 e~t
~2~~',. ....> e~'.:..c >
Seconded by Councillor MacCallum
RESOLVED that the notice from the New Brunswick Liquor
Licensing Board advising that the Board will, hear the application of Hideaway Holdings Ltd. for a
special premises (recreational) license for premises located at 312 Rothesay Avenue, and that the hearing
wilL,be held at the hearing room in the Board's premises on the second floor at Prospect Place, 191
Prospect Street, Fredericton, N. B. at 10.00 o'clock a.m. on October 5th next, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that Council meet on Tuesday, October~9th, 1919.
\ ....
Question being taken, the motion was carried with the Deputy Mayor and Councirlors Clark, Pye
and M. Vincent voting "nay".
(
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that an item with respect to the 1919 Establishment
of the City of Saint John be added to the agenda and considered at this time.
Councillor Clark voted "nay" to the above motion.
On motion, of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the 1919
Establishment of the City of Saint John be, adopted as submitted.
Councillor Pye voted "nay" to' the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the petition from residents of Allingham Crescent
with regard to a motion adopted at the last Council meeting respecting the emergency exit between Alling-
ham Crescent and Sand Cove Road, be referred to the City Manager for further investigation and a report
to Council based on information submitted by the said residents at this meeting.
Councillor Clark voted "nay" to the above niotion.
On motion
The meeting adjourned.
~.
At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the ninth
day of October, A. D. 1919, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Gould, Green, Knibb, Landers, Murphy, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Planning Development, M. Winch, Deputy Commissioner
of Planning, S. Lodhi, Chief of Technical and Inspection Services, and
Building Inspector, C. E. Nicolle, Director of Recreation and Parks,
J. F. Ross, Chief of Police, R. Thompson, Chief of Rehabilitation Services,
and G. Soucy, Labour Relations Officer
Reverend D. L. Giddings offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on
.
1-
1
.
I.
.
1-
October 1st last, be confirmed.
The Mayor spoke on the success of,the recent Port Days in the City. Councillor Green, who was I
chairman of the said event, reported on attendance,and participation at the said Port Days and thanks all ,
persons involved in its success.
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that an item with respect to the proposed relocation
of clerical positions in the Department of Veterans Affairs from Saint John to Halifax be placed on the
agenda and considered at this time.
.
...4
,...
129
.
Eric L.
, Ferguson,
M.L.A.
I
, Tender accepte
1
'City Market
roof repairs
- Wm. P. Dowd &
Sons Ltd
.
"Tender accepted
"North End Urban
Renewal
,Darkil Const.
Ltd.
1
,D.R.E.E.
'Hazen Creek 1.
Sewerage
Treatment
Plant
, Godfrey Assoc.
Ltd.
.
, Capital
projects
'Millidgeville 1.
Sewage Treat-
ment Plant.
-I 'A.D.l. Ltd.
,Rothesay Ave. 2.
Watermain
"Fairvale Const
Ltd.
I
Woodward Ave.
, Storm Sewer
\. Que-Mar Const.
Ltd.
.
.....
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that a letter be forwarded to Mr. Eric Ferguson, Member of
Parliament for Saint John, expressing Council's strong opposition to the proposed relocation of 40 clerical
positions in the accounting division of the Department of Veterans Affairs from Saint John, which positions
are to be relocated in Halifax by June of 1980:
AND FURTHER that copies of this letter be forwarded to the Honourable Allan MacKinnon, Minister of
Defence and Veterans Affairs, the Honourable J. Robert Howie, Minister of State (Transport), the Honourable
Richard B. Hatfield, Premier of New Brunswick, Mr. Fred McCain, Member of Parliament for Carleton-Charlotte,
and Mr. Robert Corbett, Member of Parliament for Fundy-Royal.
Councillor Landers stated that he has heard that in addition to the above employees, 28 persons in
the administrative division of the said Federal Department will also be involved in the said transfer from the
City.
(Councillor Wayne entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, advising that roofing, flashing and drains at the
City Market require renewal and repair and funds were budgeted in the 1919 maintenance budget to do part of
the required work this year and, hopefully, funds will be provided in the 1980 budget for the balance; further
advising that staff obtained quotations for renewal of the roof over the Charlotte Street section, including
the provision of a 4-ply asphalt and gravel roof and renewal and repairs to flashing; and recommending that
the low bidder, William P. Dowd & Sons Limited, be awarded the work as specified, in the amount of $5,950.00
-- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City' Manager, the following tenders
be accepted for the North End Urban Renewal concrete stairs, curb and sidewalk, namely: Darkil Construction
Limited in the amount of $12,516.00 for concrete stairs, and Maritime Formless Limited for concrete curb and
sidewalk in the amount of $32,109.00, being the only tenders received.
Councillor Landers question~d the need for replacing the existing stairs between Main and Metcalf
Streets. Mr. Thompson outlined the work to be undertaken on this project and advised that this work was part
of the urban renewal scheme.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice for engineering services in connection with the following project that
was undertaken under the Department of Regional Economic Expansion programme:-
Hazen Creek Sewerage Treatment Plant
Godfrey Associates Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, 'Progress Estimate Number 16,
dated September 12, 1919
$ 566,130.62
$ ,4,310.98
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates and approved invoice for engineering
services in connection with the following named capital projects:-
Millidgeville Sewerage Treatment Plant
A. D. 1. Ltd.
Engineering services
Payments previously approved
Sum recommended for ~ayment, Progress Estimate Number 28,
dated July 31, 1919
$ 81,610.60
$ 12,490.66
Rothesay Avenue Watermain
Fairvale Construction Ltd.
Supply and install 1800 feet of
10-inch and 12-inch watermain
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated October 4, 1919
3.
Woodward Avenue Storm Sewer
Que-Mar Construction Limited
Supply and install 2000 feet of
60-inch and 42-inch storm sewer
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated October 4, 1919
$ 382,213.00
192,318.41
28,841.11
65,010.05
2, ;
$ 98,460.65
130
"
-c-
, Capital pr6j ects
'Watermain Restoratio 4.
~airvale Canst Ltd
'Concrete Work
'Maritime Formless Lt
'Progress payments
,Procedures Comm.
, Stephen Canst.
Co. L td
'- Grove Const Ltd
'- Belmont
,Private Roads
'-Ashgrove Cres
'Edgewater Lane
Historical street
'- names
'Christmas lighting
'Street Closing
By-Law
'- Winfield Lane
McKay Street, Main Street, Princess Court
Watermain Restoration and Construction
Fairvale Construction Ltd.
Renewal of watermains
Total value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment,' Progress Estimate Number
dated October 4, 1919
5.
Concrete Work 1919
'Maritime'Formless Ltd.
Concrete curb and sidewalk
Total value of contract
Total work done, Estimate Number 4
Retention
Payments previously
Sum recommended for
approved
payment,
Progress Estimate Number 4,
dated September 28, 1919' $ 61,169.00
Discussion ensued between the Council members and Mr. MacKinnon regarding the above progress 1
payments. Councillor M. Vincent questioned the status of a recommendation of the former Procedures Committee
where it was agreed that the practice of having progress payments on the regular agenda, with the excep- ce, ';': :,"
tion of the first and final payments, would be eliminated. The Common Clerk noted that'no action was
taken by Council in this regard and that portion of the former Committee's report was neVer finalized.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, approval be
granted for payment of the following invoices:-
Stephen Construction Company Limited - supplying asphalt September 17-28, 1919 $ 91,113.11
Grove Construction Ltd. - supplying gravel August 28-September 14, 1919 $ 9,409.06
.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager advising that
residents of two private roads 'in the Belmont area have petitio~ed the City for approval of street names
and that changes in street names and names for private streets as in this case, are approved by Council;
further advising that the approval of a street name by Council, or the erection of a street name sign does
not change a private road into a public road, however, it is recommended that when private street name
signs are erected by the City, the words "Private Road" also appear on the sign to give clear indication
to residents and others that the City does not own or maintain the road; and recommending that Council
approve the names "Ashgrove Crescent" and Edgewater Lane" as suggested by the residents, and that the sign
"Private Road" be part of any street name sign for these and other private roads -- be rec'eived and filed
and the recommendation adopted.
1
During discussion of the procedure in the naming of streets in the City, and the duplication of
street names in several areas, the Mayor noted that a camplete list of duplicated street names in the City
was previously supplied to Council and he suggested that this list could be updated and reviewed.
On motion of Councillor Clark
Seconded by Councillor Green
RESOLVED that staff be requested to examine former historical street
names in the City and attempt to have such street names replaced where feasible, as well as examining the
duplication of street names in the City.
On motion of Councillor Wayne
.
Seconded by Councillor ,Green '
RESOLVED that as recommended by the City Manager, an expenditure of
up to $22,500.00 be authorized for the 1919 Christmas decorative lighting program and that this program
extend from December 1th, 1919 to Janary 2nd, 1980.
Councillor Landers stated that he is disturbed by the lack of participation of the uptown
merchants and other commercial establishments in such events as the decorative lighting programm and the
annual Santa Claus Parade, which are bene~icial to the said businessese. Councillor Gould expressed his' I_-
view that the time for the above programme could be shortened.
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 181 of the Municipalities Act, R.S.N.B. 1913", with respect to closing of the following portion of
highway:-
I
Winfield Lane - All that certain lot, piece or parcel of land, situate, lying and being i~ the City of
Saint John, in the County of Saint John and Province of New Brunswick, more particularly described as
follows:
All the remaining portion of Winfield Lane, identified as Lot No. 20 in Block 16 on a Subdivision Plan of
Forest Hills, filed in the Saint John County Registry Office on the 21th day of July, 1961, as File 34
#113.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
.
....
,...
- . -; -~ '>.-- "'-'-~
',1:U.
.
\ By-laws,
third read in
of same
" City Solicito
1
'\ Solid Waste
By-Law
1
.
I
Comm i ttee of
The Whole
" Nominating
Committee
. ' S.J. Fundy
Region Dev.
Commission
'Wm. Bartlett
,Community
Disaster Com
,Mayor Davis,
.....Councs. Wayne
,A. Vincent,
I \ MacCallum
'Santa Claus
Parade
- Land Commit t e
'Ralph Bangay
"'Marine Museum
, Zero-base
budgeting
'Cutrie,Cooper
& Lybrand Ltd
I
.
.....
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of Highways
in The City o~ Saint John Made Under 'the Authority of Section 181 of the Municipalities Act, R.S.N.B. 1913"
was read in its entirety prior to adoption of the above resolution.
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the City Solicitor be asked to examine present Provincial
legislation which requires third readings of by-law in their entirety with a view to eliminating this lengthy
procedure, and submit a report to Council.
Read a letter from the City Solicitor submitting the Solid Waste By-Law, as amended to contain a
provlslon for the By-Law Enforcement Officer to accept the minimum fine as a voluntary payment. The letter
states that no attempt has been made to break down various offences into serious and minor infractions - each
offence will contain many different circumstances, and it seems, to the City Solicitor that, depending on the
circumstances, the final disposition of the violation in relation to the fine imposed, should be left to the
discretion of the Court, after hearing evidence and the argument of the prosecuting counsel.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the above letter be received and filed and Council approved
the amendment to the draft Solid Waste By-Law, as noted:
AND FURTHER that the by-law entitled, "A By-Law for the Storage, Collection and Disposal of Solid
Waste in The City of Saint John, New Brunswick", be read a third time and enacted and the Corporate Common
Seal affixed thereto.
(Councillor A. Vincent entered the meeting)
In reply to a query of Councillor Clark, Mr. MacKinnon stated that there is still in effect a policy
decision of Council regarding disabled persons unable to comply with certain provisions of the by-law.
Councillor Clark stated that he does not agree with the voluntary payment of fines under by-laws, and he
questioned why the discretion for accepting such payments is left to the discretion of the By-Law Enforcement
Officer, and not the Commissioner. Mr. Rodgers noted that the By-Law Enforcement Officer was charged by
Council with enforcing several by-laws, including the City's Garbage By-Law. Councillor Murphy expressed his
agreement with the minimum fine provision for lesser offenders and suggested that the maximum fine would only
be enforced regarding commercial firms and others who continually litter our streets by not properly covering
their vehicles. Councillor Wayne stated that she will be opposing third reading as she believes there should
be two schedules of fees as discussed at the last Council meeting.
Councillors Clark and Wayne voted "nay" to the above motion.
The by-law entitled, "A By-Law for the Storage, Collection and Disposal of, Solid Waste in The City
of Saint John, New Brunswick" was read in its entirety prior to adoption of the above resolution.
.' Read 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 begs to report that it sat on Monday, October 1st, 1919, when there were present
Deputy Mayor Elliot and Councillors Clark, Gould, Green, Knibb, Landers, MacCallum, Pye, Murphy, A. Vincent,
M. Vincent and Wayne, and your Committee begs to submit the following recommendations, namely:-
1. That the Nominating Committee be expanded to include all members of Council meeting in Committee of
the Whole.
2. That as recommended by the Nominating Committee, Mr. William Bartlett be appointed to the Saint John
Fundy Region Development Commission for a term of two years.
3. That as recommended by the Nominating Committee, Mayor Davis and Councillors A. Vincent, John
MacCallum and Elsie Wayne be appointed to the Community Disaster Committee.
4. That the City of Saint John underwrite the financing of the 1919 Annual Santa Claus Parade, should a
deficit occur, in an amount not to exceed $1,000.00.
5. That the letter from the City Manager with regard to a recommendation from the Land Committee to
lease a portion of City-owned land near the Reversing Falls to Mr. Ralph Bangay for development of a Marine
Museum, which recommendation was tabled by Council on 'December 18th, 1918 pending a geological report being
received with respect to the area in Question, recommending that, as satisfactory geological reports have now
been received, the matter be taken from the table and the lease executed in accordance with the recommendation
of the Land Committee -- be received and filed and the recommendation adopted.
6. That as recommended by the City Manager, zero base budgeting be implemented after January 1st, 1980,
and that the firm of Currie, Coopers & Lybrand Ltd. be engaged to provide consulting services for the implemen~~ _
tation of zero-base budgeting in the Fire, Police, and Recreation and Parks Departments, at a total cost for
fees and expenses not to exceed $26,000.00.
9th October, 1919,
Saint John, N. B.
Respectfully submitted,
(sgd.) G. Forbes Elliot,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
Councillor M. Vincent voted "nay" to the above motion.
\
\
132
"
On motion Of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that section 3 of the above report be adopted.
Councillor Landers voted "nay" to the 'above motion.
On motion of-Councillor,Murphy
Seconded by Councillor Green
RESOLVED that section 40f the above report be adopted.
Councillors Landers and A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that section, 5 of the above report be adopted.
Councillors Clark, MacCallum and Wayne voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor Green
_RESOLVED that section 6 of the above report be adopted.
On-motion of Councillor Murphy
Seconded by Councillor Wayne
'Church Ave. Overpas RESOLVED that in view of the fact-that City'staff has been apprais~-
ing the five properties required for the ,Church Avenue overpass - during the month of September, and in view
of the fact that St. Rose Church'purchased the adjoining'property when it was offered for sale in order
to have sufficient'parking space when part of its property is purchased by the City for the overpass,
that the City Manager advise Council within two weeks (1) when the list of utilities to be moved will be
supplied; (2) when the appraisals will be dealt with'by the Land Committee; and (3) when public tenders
will be called in order to establish the real and true cost of the project:
" Loyal ist Days Inc.
'Eva McIntyre, Miss
Saint John
'\ Public Relations
Officer
"Fundy Cablevision
Ltd.
, United Way,:Cabletho
Week
"Canada Environment
Week
'Myles L. Carpenter
'Allingham Cres.
re emergency exit
AND FURTHER that the letter from Councillor Murphy in this regard be received and filed.
.
I
1
.
Councillor Knibb stated he will oppose the proposed motion as he feels the City's first pri-
ority is Market Square, and the second priority is a transit garage. Councillor A. Vincent stated that I
while he supports the construction of the Church Avenue overpass in principle, the manner in which such
items are discussed by Council makes it very difficult for the Land Committee to do its 'job in attempting ,
to purchase properties. Councillor MacCallum suggested that the matter of the City's priorities for
major projects should be discussed in Committee of the Whole.
Councillors Knibb and Clark voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from Loyalist Days Inc., advising that
Miss Eva McIntyre, Queen of the 1919 Miss Saint John Pageant, will represent the City of Saint John in
the National Miss Canada Pageant this fall in Toronto, and requesting that the City contribute $500.00 to
assist Miss Saint John in her preparations befOre leaving for Toronto at the end of this month, be
received and filed and the request be granted.'
Councillor Wayne expressed the view that when Miss Saint John is crowned she should then be
under the jurisdiction of the City's public relations office. Regarding the suggestion of Councillor
Knibb that monies derived from the Miss Saint John Pageant should be used toward the above expenses,
Councillor Landers suggested that this and other matters could be considered by Council in preparing a
report at the suggestion of the Deputy Mayor on the Loyalist Days activities. In reply to a query of
Councillor Landers, Mr. McDermott advised that the position of Public Relations Officer' will be filled
before the end of this year.
On motion of Councillor Murphy
Seconded by Councillor M~ Vincent
RESOLVED that the letter from Fundy Cablevision Ltd. advising
that on Saturday, October 20th, Fundy Cablevision and the United Way of Greater Saint John will begin a
150 hour fund raising cable marathon in support of the United Way, and inasmuch as this cablethon is in
support of a community organization, and since the establishment of a world record is involved, the
steering committee respectfully asks that Common Council declare the week of'October 21-28,1919 as
"United Way Cablethon Week" in the City of Saint John, be received and filed and the request complied
with.
On motion of Councillor Gould
Seconded by Councillor Wayne _
RESOLVED that the letter to Mayor Davis from The Honourable John A.
Fraser, Minister of Environment Canada, regarding Canadian Environment Week, which was established by an
Act of Parliament in 1911, and which will take place this year from October 14th through October 20th,
which is intended ,to encourage Canadians to become better informed about environmental concerns and to
become more actively involved in'working to find solutions, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Miles L. Carpenter regarding the
emergency exit between Allingham Crescent and Sand Cove Road~ be referred to the City Manager who will be
submitting a further report to Council on this matter.
.
I
I
.
...4
II"""
133
.
Gerald B.
" Lawson
David M.
Lunney &
,Assoc. Ltd
re exchange 0
land
I
1
.
I
"S.J. Tours &
Sightseeing
. Ltd.
, Gran t
'Land Committe
re 95 & 101
\ Bri tain St
I
'Expropriation
I
.
...
Read a letter from Mr. Gerald B. Lawson, solicitor ,for David M. Lunney & Associates Ltd., advising
that in 1913 the said firm transferred' to the City of Saint John the 5.33 acre parcel of land at the corner of
the Red Head Road and Ocean Drive in Red Head, which parcel of land, identified as "Existing Land for Public
Purposes" on the submitted sketch, was vested in the City as a possible future school site in exchange for a
nearby parcel of land which was then being held as a possible future school site, and at the time of this
exchange in 1913, it was recognized that the City and the company might wish to make a further exchange of
this land in the future in the event a more logical site developed out of the overall design for the area.
The letter states that School District No. 20 has advised that it would only propose to establish a school in
this area if there is a significant expansion of the development and in such event, the School District
indicated it would want an area more centrally located than the 5.33 acre parcel on Red Head Road for any
school development and the said School district has confirmed that it would have no objection to the release
of this site so long as it is assured an opportunity to acquire a site in the undeveloped land held by Lunney
if a school is required in the future. The letter further states that David M. Lunney & Associates Ltd. now
requests the City to exchange this 5.33 acre parcel of land at the corner of Red Head Road and Ocean Drive for
the 5.5 acre parcel of land shown on the submitted sketch as "Proposed Land for Public Purposes" and such an
exchange will release the former area, which is zoned B-1 for potential business development - the proposed
5.5 acre parcel for public purposes is tendered as land suitable for a recreation area if the City so wished,
however, it is again intended that if the future development of the area indicates some other parcel of land
in the undeveloped part of the Lunney property would be more suitable for public purposes, a further exchange
of lands could be made.
Consideration was also given to a letter from the City Manager and Deputy Commissioner of Planning
regarding this matter, advising that the proposed exchange meets with the approval of the Recreation and Parks
Department and the new parcel, if approved, would have access by extending Harbourview Drive in an easterly
direction - the street extension would be vested with the City, and would be in addition to the'5.5 acre
parcel. The letter states that based'on the foregoing considerations and the fact that the exchange of land
would release lands for commercial development, the Planning Branch would support the request of David M.
Lunney & Associates Ltd.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the above'letter from Mr. Lawson be received and filed
and Council approve of the exchange of lands as requested.
Councillor Wayne stated it was her understanding from a conversation with the City Manager this
date, that he was going to recommend that this matter be tabled for one week. Mr. McDermott confirmed that he
wished to obtain additional information in this regard.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table for one week.
Question being taken, the tabling motion was carried with the Mayor and Councillors Green, Landers
and A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the above letter from the City Manager and Deputy Com-
missioner of Planning be laid on the table.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from Saint John Tours & Sightseeing Ltd. asking
that Council approve a $5,000.00 subsidy to allow the said firm to alleviate some of the deficit incurred in
its 1919 seaSon with a view to continuing operations in the future, be referred to the grants committee for
consideration.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that an item from the Land Committee with respect to
property at 95 and 101 Britain Street be added to the agenda and considered at this time.
On motion of' Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the City Solicitor be authorized to commence expropriation
proceedings to acquire the fee simple absolute interest in the lands identified as Lot 1221 and Lot 1220 on a
plan of survey entitled "Plan of Survey Abe Levine & Sons Ltd. Property - Britain Street", dated the 28th day
of September, A.D. 1919 and prepared by Murdoch-Lingley Ltd., for the purpose of permitting the development of
recreational facilities as part of Phase II of the South End Development Plan, which plan has previously been
approved by Common Council:
AND FURTHER that the Mayor and Common Clerk be authorized to execute all documentation reQuired in
the expropriation proceedings.
Councillor Clark stated that there is an item which will be discussed in Committee of the Whole and
as this item is fairly important it may be necessary for Council to reconvene in open session.
On motion of Councillor Clark
Seconded by Councillor MacCallum
RESOLVED that this Council meeting recess for 15 minutes.
Councillors Gould and Landers voted "nay" to the above motion.
Following a meeting in Committee of the Whole, the Council meeting reconve~ed, in legal session.
134
"
LEG A L
S E S S ION
'Canada Wire & Cable
Co.
'Audrey V. Mahar
, Ci ty market
, Demolition; recover
of costs
'Zoning By- Law
, re- zoning
, Raydor Limited
\ Prop: Somerset St
'Richard Hall
Qn motion of Councillor Wayne
.
Seconded by Councillor MacCallum
RESOLVED that-authority be granted for the Mayor and Common Clerk
to execute, on behalf of the City, an agreement of sale for the acquisition of the Canada Wire & Cable Co'.
property on Fairville Boulevard, with the following conditions to' be included in the agreement: that the City
will apply immediately to'the appropriate Federal and Provincial authorities for the necessary funding and in
the event such approval for funding is not obtained by November 15th, 1919, the City may withdraw and forfeit
the deposit of $5,000.00; and also the City to be permitted to carry out soil tests and other studies bYc!T._
December 15th,; 19rr:9',tand if such land and building is - not sui table to the City, the City may withdraw and I'
forfeit the deposit of $5,000.00.
Councillors Landers and M. Vincent voted "nay" to the above motion. Councillor Gould was not
present when question was taken On the above motion.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor, submitting a
decision respecting an action against the City by Audrey V. Mahar, which action resulted from an incident
near the City Market when an object falling from the Market fell and struck Mrs. Mahar, and which action
against the City was dismissed, be received and filed.
I
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the report from the City Manager outlining steps
taken to recover costs of demolition of buildings undertaken by the City under authority of the Saint John
Building Act, 1925, be received and filed with additional information to be supplied by the Legal Depart-
ment.
.
On motion
The meeting adjourned.
~..
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifteenth
day of October, A. D. 1919, at 1.00 o'clock p.m.
present
I
Samuel Davis, Esquire, Mayor
Councillors Elliot, Gould, Green, Knibb; Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, 'J. C.
M~cKinnon, Co~issioner of Engineeri~g and Works, M. Zides, Commissioner
of Community Planning and ,Development, M. Winch, Deputy Commissioner of
Planning, J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle,
Director of Recreation and Parks, J. F. Ross, Chief of Police, and
G. Soucy, Labour Relations Officer
.
The meeting opened with a prayer which was invoked by Reverend Gerald Morgan of Calvary
Temple.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
1
on October 9th last, be confirmed.
It was 'noted that the necessary advertising was completed for the proposed amendment to the
Zoning By-Law to add a new class of zone designated as "B-la" Special Local Business and to re-zone
property on the easterly side of Somerset Street (formerly occupied by Hillside Grocery), identified as
L.R.I.S. Number 041423, from "B-1" Local Business to "B-la" Special Local Business district, to permit'
the sale of new and used furniture, appliances and hardware at this location providing such activities
are conducted wholly within ,buildings and structures, as requested by RayDor Limited, and that a petition
has been received from area residents opposing said re-zoning.
1-
Consideration was given to the letter from the Planning Advisory Committee, dated August 15th,
1919, which recommends the proposed amendment and re-zoning.
Mr. Richard Hall was present at the meeting on behalf of area residents who are opposed to the
requested re-zoning. Councillor Landers noted that the previous use of this property as a grocery store
generated much more traffic than the present proposal and he asked what the residents would like to see
the said property used for. Mr. Hall replied that the residents would like to see the present zoning
remain, and in reply to a'statement of Councillor Wayne, he agreed that the residents do not wish to see
a second-hand store in a residential area. Councillor M. Vincent asked if the applicant's proposal was
primar~ly for the sale of new goods or primarily for the sale of used goods. Mr. Winch stated that as
he recalls the emphasis would be on the sale of second-hand goods. Councillor MacCallum stated that he
opposed the proposal at the Planning Advisory Committee meeting and he will continue to oppose it, and
he noted that the proposal was to allow a tenant of the applicant to carryon the business proposed.
Mr. Winch agreed with the observation of Councillor Landers that re-zoning would not be required if only
.
~
I""'"
._;;;~ ....,,""!~;~;.c. -:,<;::...........!;.~~..;.p.~
51.35
.
'Raydor L td
I
1
'Zoning By- Law
re-zoning
\ 70 Leinster S
" Dr. Warren
Thompson
.
re-zoning
conditions
1
'Zoning By-Law
re business
or profess-
ional office
\ Zoning By- Law
.
I 'Zoning By-Law
I
.
Ilo..
new goods were to be offered for sale, and that under the terms of the re-zoning, no goods are to be displayed
on the outside of the building. In 'reply to a query of Councillor Gould as to why a "B-2" or gen'eral business
zone was not recommended by the Planning Advisory Committee in this regard, Mr. Winch stated that "B-2" is a
very general zone and staff could not support re-zoning to such a category, and the "B-1 a" zone permits a
special use as requested by the applicant. He further stated that the special zone is recommended in response
to the applicant's proposal and also to look after the needs of the neighbourhood. In reply to a query of
Councillor Landers, he stated that an arcade is not a permitted use in a "B-Iall ~one.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the application of RayDor Limited for re-zoning of property
on the easterly side of Somerset Street (formerly occupied by Hillside Grocery), identified as L.R.I.S. Number
041423, to permit the sale of new and used furniture, appliances and hardware, be denied.
Question being taken, the motion was carried with Councillors Elliot, Landers and Pye voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory cCommittee regarding:'
the above proposed amendment and re-zoning, and the petition from area residents opposing the said re-zoning,
be received and filed.
Councillor Landers voted "nay" to the above motion.
It was noted that the necessary advertising was completed for the proposed amendment to the Zoning
By-Law to permit a business or professional office on the ground floor (as well as upper floors) of a building
in a "B-1" Local Business zone, and to re-zone property at 10 Leinster Street (L.R.I.S. Number 009118) from
"RM-l" Multiple Residential to "B-1" Local Business district, subject to a resolution of, Common Council pursuant
to Section 39 of the Community Planning Act, to permit the establishment of a professional office for Dr.
Warren Thompson, and that no written objections were received in this regard. No person was present to speak
either against or in favour of the proposed amendment and re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated September 4th, 1919
which recommends (1) that Section 100A of the Zoning By-Law (providing for conditional uses in "B-1" zones) be
amended by: (a) deleting the words "subject to subsection (2)" in paragraph (e) of subsection (1) so that the
paragraph will read as follows: "(c) a business or professional office"; (b) repealing subsection (2); and (2)
that the said property be re-zoned to "B-1" subject to a resolution of Council pursuant to Section 39 of the
Community Planning Act providing for the following: (a) the use of the property shall be restricted to a
dwelling and professional office; (b) that there shall be no external changes to the existing building; (c)
that a minimum of three off-street parking spaces shall be provided in the rear of the property; and (d) one
external sign shall be permitted on the building, provided it is'in accordance, with Section 220(3)(b)(ii) of
the Zoning By-Law.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns (a) deleting the words "subject to
subsection (2)" in paragraph (c) of subsection (1) of Section 100A so that the paragraph will read as follows:
"(c) a business or professional office"; and (b) repealing subsection (2) of Section 100A, be read a first
time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns (a) deleting the words "subject to
subsection (2)" in paragraph (c) of subsection (1) of Section 100A so that the paragraph will read as follows:
"(e) a business Or professional office"; and (b) repealing subsection (2) of Section 100A, be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of tne City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning property at 10 Leinster Street (L.R.I.S. Number 009118), from "RM-
1" Multiple Residential to "B-1" Local Business district, subject to a resolution pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be read a first time.
Councillor Landers voted "nay" to the above motion.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning property at 10 Leinster Street (L.R.I.S. Number 009118), from "RM-
1" Multiple Residential to "B-1" Local Business district, subject to a resolution pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning' By-Law of the City of Saint John
and Amendments Thereto".
136
"
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed amendffient and re-zoning be received and filed.
.
, re- zoning
,Prop: 2304
Westway
It was noted that the necessary advertising was completed regarding property at 2304 Ocean
Westway by (a) reclassifying the property from Low Density Residential to Light Industrial on Schedule 2-A
of the Municipal Development Plan; and (b) re-zoning the said property from "RS-2" Suburban Residential to
"I-I" Light Industrial, subject to'a resolution of Council, pursuant to Section 39 of the Community
'Harold & Pearl Lord Planning Act, to permit the property to be legally used for the processing, storage and sale of fish
products by Harold and Pearl Lord, and that no written objections were received. No person was present
re-zoning conditions with respect to the proposed amendment and re-zoning.
Ocean
'Plan Advis Comm.
Consideration was given to the letter from the Planning Advisory Committee, dated September 6th,
1919 which recomIDends the said Municipal Plan By-Law amendment and re-zoning, subject to a resolution of
Common Council, pursuant to Section 39 of the Community Planning Act, providing for the following: (1) the
use of the property shall be restricted to the processing, storage and sale of fish products and such
activities shall be confined to the interior of the building existing On the property; (2) no alterations
to the existing building shall be permitted which would have the effect of expanding the size of the
establishment; (3) all deliveries to and fram the establishment including parking of customer and business
vehicles shall be restricted to existing locations; (4) all existing landscaped areas between Ocean West-
way and the building shall be retained and maintained; and (5) a maximum of 30 square feet of non-illumin-
ated signage may be permitted.
I
1
On motion of Councillor Murphy
Seconded by Councillor Green
"Municipal Plan
By-Law
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify property at' 2304 Ocean Westway (L.R.I.S. Number 55001014) from Low Density Resi-
dential to Light Industrial, be read a first time.
.
Councillor Landers stated that he feels it is totally wrong for the City to make laws and have
them ignored and then suddenly decide to make such illegal use legal, and further stated that this case is
similar to numerous cases in the past where business have operated illegally for years and nothing is done
about it. Councillor Murphy stated that the fact'that this business has operated at this location for ten
or twelve years without any complaints is proof that actually the property should have been re-zoned when
the first application was made. Councillor Green stated that several years ago he was opposed to such re-
zoning for this property, however, he supports the present application due to the way the business is
being operated. Councillor Wayne suggested that this property is like several others in the City which
became so-called non-conforming ,uses following amalgamation. Counccillor MacCallum suggested that the
present zoning application for this property is mOre restrictive then the original application.
Councillor Landers voted "nay" to the above motion.
Read a first time the by-law entitled, "A Law to Amend' the Municipal Plan By-Law of the City of 1-
Saint John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify property at 2304 Ocean Westway (L.R.I.S. Number 55001014) from Low Density Resi-
dential to Light Industrial, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
.
,Zoning By-Law,
Seconded by Councillor Wayne
, RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property at 2304 Ocean Westway (L.R.I.S Number 55001014),
from "RS-2" Suburban Residential to "I-I" Light Industrial district, subject to a resolution pursuant to
Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a
first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint 1
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning ByLaw
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property at 2304 Ocean Westway (L.R.I.S. Number 55001014),
from "RS-2" Suburban Residential to "I-I" Light Industrial district, subject to a resolution pursuant to I.'
Section 39 of-~he Community Planning Act as recommended by the Planning Advisory Committee, be read a
second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed amendment and re-zoning be received and filed.
.
Discussion ensued regarding non-conforming use of properties in the City, and the illegal use of
properties with respect to proper zoning. Councillor A. Vincent suggested that perhaps the City should
look into having a time period when the hundreds of businesses operating illegally under the City's Zoning-
laws could come forward to have such use made legal.
...4
,...
.
137
, City Solicitor
" Ci tv Manager
., '
_ re_illegal us
of property
under zoning
by-law
'\Cheryl
Robertson
1
" S . J. Women's
Political
Awareness
Group
..... "Person Day"
1
\. Bond I s sue
.
I
.
1
I
.
....
On motion of Councillor A. Vincent
~.
S~c6~ded by Councillor Murphy
RESOLVED that the City Manager, City Solicitor, and Commissioner of
Community Planning and Development, submit a report and recommendation to Council on the number of properties
in the City which are operating illegally under the City's zoning laws.
Cheryl Robertson, President of the Saint John Women's Political Awareness Group, was present at the
meeting regarding the said Group's request that Common Council proclaim Thursday, October 18th, 1919 as "Person
Day". She read a prepared brief and advised that this day marks the Golden Anniversary of a court case when
the Privy Council of London ruled on October 18, 1929 that women were indeed persons and thereby would be
eligible to be appointed to the Senate of ' Canada, and the said Group requests that "Person Day" be proclaimed
as it marks an important anniversary for all women in our society.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that as requested by the Saint John Women's Political Awareness
Group, the Mayor be authorized to make the necessary proclamation in ,declaring Thursday, October 18th, 1979 as
"Person Day" to celebrate the contribution of women to our society.
Councillor A. Vincent suggested that such proclamations should be made on behalf of the Mayor and
Common Council, as is done in other cities, and not by the Mayor alone, as is presently the practice in Saint
John.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that occasion having arisen in the public interest of the
following public civic works and needed Civic Improvements, that is to say:
FOR GENERAL PURPOSES
Transportation Services -
Cedar Grove Crescent $15,669.00; Highland Road $14,196.00; Somerset Street $8,986.00; Noel Street $16,692.00;
Sandy Point Road $11,391.00; Broad Street $6,803.00; Golden Grove Road $44,984.00; Glengarry Drive $32,123.00;
Ridge Street $15,939.00; Rothesay Road $4,062.00; Woodlawn, Park $16,419.00; Heatherway $13,416.00; Kanes Corner
$4,461.00; Westmorland Road $42,686.00; Josselyn Road $29,961.00; Oakland Street $15,889.00; Anthony's Cove
$8,430.00; Balmoral Crescent $21,559.00; John Green Road $25,744.00; Mollins Drive $29,624.00; Morris Street
$5,401.00; Morna $51,320.00; Summer Street $58,008.00; Wilson Street $4,810.00; Church Avenue $25,535.00;
Lowell Street $41,919.00; Dorchester Street $80,413.00; Sewell Street $5,925.00; Union Street $12,190.00; Land
acquisition $7,501.00
Projects included in 1919 Programme:
Carmarthen Street $250,000.00; Winter Street $142,000.00; Westmorland Road $150,000.00; Harbourview (part)
$146,666.00; Bayside Drive $250,000.00; Eastern Arterial $60,000.00; Pauline and Cornell Streets $12,000.00;
Loch Lomond Road $50,000.00
-- $1,800,000.00
Environmental services Land Fill Site $520,000.00
Flood Control $280,000.00
Recreation and Parks -
Lancaster Memorial Field $11,541.00; Fort Howe $18,942.00; Cherry Brook Zoo $11,692.00; Simonds Centennial
Arena $5,255.00; Kennebecasis Wharf $6,354.00; Community Arena Development $22,011.00; Land $15,560.00
Projects included in 1919 Programme:
Lord Beaverbrook Arena $35,000.00; Simonds Centennial Arena $21,000.00; Carleton Community Centre $86,000.00;
Somerset Community Centre $10,000.00; Community Development $19,633.00; Rockwood Park $220,000.00; Tucker Park
$25,000.00; Seaside Park $15,000.00; Lakewood Reservoir Park $50,000.00; Shamrock Park $15,000.00
-- $600,000.00
Total General Purposes - $3,200,000.00
PUBLIC TRANSIT - $500,000.00
FOR SELF-SUPPORTING UTILITY:
Water system -
South End $91,921.00; High Ridge Road $16,250.00; Marlborough and Oakland Streets $29,318.00; Willie Avenue
$21,286.00; Topeka Street $21,206.00; Haymarket Square $51,000.00; Ashburn Lake Road $38,411.00; Reversing
Falls Bridge $15,650.00; Rockwood Park Standpipe $21,395.00; Rodney Street $33,254.00; Rothesay Avenue $49,496.00;
Northumberland Avenue and others $5,590.00; Subdivision materials $31,645.00; Land $61,506.00
-- $500,000.00
Sewer system -
Millidgeville Sewage Treatment Plant $22,622.00; Marlborough and Oakland Streets $48,103.00; Rockwood Avenue
$22,185.00; Broadway $1,120.00; Todd Street $19,215.00; Topeka Street $20,914.00; Red Head $416,383.00; Thorne
Avenue $10,109.00; Harding Street $10,551.00; Carpenter Place $2,414.00; Chesley Drive $5,132.00; Manawagonish
Road $43,805.00; Subdivision materials $109,521.00
-- $800,000.00
Total Self-Supporting Utility - $1,300,000.00
A total for a11 purposes - $5,000,000.00
THEREFORE RESOLVED that Debentures issue under provlslons of the Acts of Assembly 52, Victoria, Chapter 21,
Section 29, and Amendments Thereto, to the amount of $5,000,000.00.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS by resolution passed
by the required vote of the Mayor and each of the elevenCouncillors
138
~
Bond Issue
present, being members of the Common Council of The City of Saint John, at a meeting of the sald Common
Council duly called and held on the 15th day of October 1919, The City of Saint John authorized the issue
of debentures in the aggregate principal amount of $5,000,000.
NOW THEREFORE be it resolved and ordered as follows:
1.
mature
That the said
according to the
1980
1981
1982
1983
1984
1985
1986
1981
1988
1989
debentures in the principal amount
following schedule:
$ 350,000
350,000
350,000
350,000
350,000
330,000
330,000
330,000
330,000
330,000
of $5,000,000 shall be in serial form to
1990
1991
1992
1993
1994
,
,
$ 320,000
320,000
320,000
320,000
320,000
2. That the said debentures shall be dated December 1, 1919 and bear interest from that date at
the rate of:-
111/2% per annum for those maturing 1980 -,1984
and
11 3/4% per annum for those maturing 1985 - 1994
Such interest to be payable half-yearly on the respective first day of June and December in each year of
the currency of the said debenture.
3. That the said debentures and related interest coupons shall be payable at any branch in Canada
of The Bank of Nova Scotia, far northern branches excepted.
.
1
1
4. That the said debentures shall be substantially in the form hereto annexed and marked with the
letter "A". .
5. That the said debentures shall be numbered consecutively, shall be signed by the Mayor and
countersigned by the Common Cierk and the Corporate Seal of The City of Saint John shall be affixed
thereto and the coupons for interest attached thereon shall bear the lithographed facsimile signature of
the Common Clerk of the said City."
(Specimen Bond)
CANADA
PROVINCE OF NEW BRUNSWICK
NUMBER
DOLLARS
$1,000
THE ,CITY OF SAINT JOHN
% Serial Debenture
The Municipal Corporation of The City of Saint John under the authority of Chapter '21 of the Acts of the
Legislative Assembly of New Brunswick for the year A. D. 1889, entitled "An Act to Unite The City of
Portland with The City of Saint John, in The City and County of Saint John, and to Amend the Charter of
The City of Saint John and The Law Relating to Civic Government", as amended, and the Municipal Deben-
tures Act, and amendments thereto, and pursuant to Resolutions of the said Corporation passed on the 15th
day of October 1919 for value received, promises to pay to the bearer (or if registered to the registered
holder hereof) at any branch in Canada of The Bank of Nova.Scotia, far northern branches excepted, at the
holder's o:rtion, on the first day of December A. D. '"::e r..," ':
the sum of
ONE THOUSAND DOLLARS
and further promises to pay inte,est thereon from the first day of December
per centum ()) per annum payable half-yearly on the respective first day of
each year of the currency of this debenture in accordance with and upon presentation
proper interest coupons hereto ann~xed as they severally mature. ~dj s _ e::f:::i-r, .;.:':1:
in lawful money of Canada
1919 at the rate of
June and December in
and surrender of the
This debenture forms part of an issue of a total principal amount of $5,000,000 payable as to both
principal and interest in lawful money of Canada, issued under the statutory authority above mentioned.
I
.
This debenture is transferable by delivery except when it is registered as to principal in the register I.
kept by the Treasurer of the City of Saint John and such registration is inscribed on the debenture.
Notwithstanding any such registration, interest coupons shall continue to be payable to bearer and shall
pass by delivery. :...;:.' c ,_ ".~, _. ,"c.__....., _:" _,..
DATED AT SAINT JOHN THIS FIRST DAY OF DECEMBER A. D. 1919.
IN TESTIMONY WHEREOF the said Municipal Corporation has caused
this debenture to be signed by its Mayor and countersigned by its
Common Clerk and its Cor-porate Seal to be hereto affixed on this
first day of December A. D. 1919 at The City of Saint John, I,
Province of New Brunswick.
Common Clerk
. Mayor
(Specimen Coupons)
$51.50
Coat
...-' . '-
of
The Municipal Corporation of The City of Saint John, N. B. will pay the bearer on
the date shown in the margin at any branch in Canada of The Bank of Nova Scotia, far
northern branches excepted, at the holder's option, the sum of Fifty-Seven Dollars
Fifty Cents being six months' interest then due on the debenturesnumbered as in margin.
1980:.'t~.:-c
Debenture
Number
1 December
~,
Arms
Coupon
Number
Common Clerk
. () ~...{;,;
.
~
..:;
:'\::1'8.9
"
.
I
... River Road
Ratepayers
Assoc.
I
re speed
'- limit
" Capital
proj ects
\Water.,&
~ Sewer Renewal
\Que-Mar Const.
Ltd.
1
" Sewer Main
Const.
"Master Enter-
prises Ltd
'-Millidgeville 3.
Sewerage
Treatment
Plant
,A. D. 1. Ltd
'Sanitary Sewer
,Fairvale Const
~ Ltd.
I
'Watermain
Hillheights Rd
Booster Stn
Sanitary Sewer
,Fairvale Const.
Ltd.
I
Church Ave.
" Grade Separati n
Northrup, Hacke
, & Assoc. Ltd.
.watermain Const 1.
Gerald J. Ryan
'Co. Ltd.
..
Coat
$51.50
The Municipal Corporation of The City of Saint John, N. B. will pay the
bearer on the date shown in the margin at any branch in Canada of The
Bank of Nova Scotia, far northern branches excepted, at the holder's
Arms option, the sum of Fifty-Seven Dollars Fifty Cents being six months'
interest then due On the debenture numbered as in margin.
Coupon
Number
of
1 June
1980
Debenture
Number
Common Clerk
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the Commissioner of Finance be hereby authorized to call
fon;bids for the debentures from investment dealers in accordance with the form of tender call submitted by him
at this meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard to the previous
request of the River Road Ratepayers Association for changes in the speed limit on the River Road, which request
had been referred to the Traffic Engineering Branch of the Provincial Department of Transportation for review
again, submitting the reply received from the said Department which recommends no changes at the present, be
received and filed and the River Road Ratepayers Association be advised that no changes in speed limits are
recommended at the present time.
On motion of Councillor Murphy
Seconded
~c:....n~,te .
by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
following construction progress certificates and approved invoices for engineering services
the following named capital projects:-
for payment of the
in connection with
1.
Broadway, Todd and Topeka Street
Water and Sewer Renewal
Que-Mar Construction Ltd.
Renewal of water and sewer mains
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated October 5, 1919
Millidge Avenue, Seacliff Drive, Sea
Street Sewer Main Construction
Master Enterprises Limited
Supply and install sewer mains
Original estimated value of contract
Total work done, Estimate Number 4
Retention 3%
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated October 9, 1919
Millidgeville Sewerage Treatment Plant
A. D. 1. Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 29,
dated August 31, 1919
Forest Hills Park Drainage and
Simonds Arena Sanitary Sewer
Fairvale Construction Limited
Supply and install sanitary and
storm drainage system
Original estimated value of contract
Total work done, Estimate Number -3
Retention
Payments previously approved
Sum recommended for payment, Final Release of Holdback
Progress Estimate Number 3, dated October 10, 1919
Ashburn-Rothesay Avenue Watermain
Hill Heights Road Booster Station
Carpenter Place Sanitary Sewer
Fairvale Construction Limited
Supply and install water and sewer mains
and a water booster station
Original estimated value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Final Release of Holdback
Progress Estimate Number 5, dated October 10, 1919
Church Avenue Grade Separation
Northrup, Hachey & Associates Ltd.
Design
Original estimated value of contract
Total work done, Estimate Number 11
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated October 11,
Water Street Watermain Construction
Gerald J. Ryan Company Limited
Supply and install approximately 2000 feet of
12-inch watermain
Original estimated value of contract
Total work done, Estimate Number 1
Retention 15%
Payments previously approved
Sum recommended for payment, Progress Estimate Number
d~ted Qct9Qer 11,1~7~
.
$ 68,042.00
64,513.18
Nil
62,636.51
4,
$ 1,931.21
2.
$ 71,213.45
69,615.48
2,090.26
59,224.16
$ 8,361. 06
$ 100',101.26
$ '2,513.93
4.
$ 46,952.00
43,601.50
Nil
42,299.28
$ 1,308.22
5.
$ 65,000.00
63,161. 98
Nil
61,849.12
$ 1,912.86
6.
Nil
$ 63,461. 82 "
Nil
54,423.17
Number 11,
1919 $ 9,038.05
~\;.
$ 81,642.00
10,000.00
10,500.00
Nil
1,
$ 59.500.00
lti/o
""Ill
,
I'D.R.E.E.
Bayside Drive
, Reconstruction' &
Extention '
'Que-Mar Const. Ltd.
\Stevenson & Kellog
\ Engineering & Works
Dept.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificate in connection with the following
project that was undertaken under the Department of Regional Economic Expansion programme:-
.
1.
Bayside Drive Reconstruction
and Extension - Phase V
Que-Mar Construction Ltd.
Installation of services and
realignment of Road
Current budget allotment
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated October 10, 1919
$ 125,201. 26
125,201. 26 I
21,156.04
616,421. 01
$ 81,024.15
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the invoice from Stevenson & Kellogg, management consultants, in the amount of
$1,511.63, for professional services in connection with the operational review of the Engineering and
Works Department for the period July 29th to September 1st, 1919.
I
In reply to a query of Councillor MacCallum, the City Manager advised that the preliminary
operational review of the Engineering and Works Department is expected on October, 24th, with the final
re operational revie review to be submitted on November 5th, 1919.
\
Tender accepted
'Maritime Sod Ltd.
'Queen Square
'Tender accepted
Rockwood Park
, Trailer Park
'Maritime Sod Ltd.
,
Hoc,cR.:cDoane & Co.
'Snowflake Lime Ltd.
~ravel purchasing
procedures
'Gerald M. Lawson
,David M. Lunney &
Assoc. Ltd.
re exchange of ,land
~~
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the contract for
Queen Square street planting be awarded to Maritime Sod Ltd., in'the amount of $10,360.00, being the only
tender received.
.
In reply to a query of Councillor Elliot, Mr. Nicolle advised that the above contract is scheduled
for completion this year.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the contract for
Rockwood Park Trailer Park sodding be awarded to Maritime Sod Ltd., in the amount of $6,105.00, being the
lowest tender received.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that as recomllended by the City Manager and Commissioner
of Finance, authority be granted for payment of the invoice from H. R. Doane and Company, in the amount
of $18,900.00, being the final audit billing for the year ended December 31st, 1918.
(Councillor Landers re-entered the meeting)
On motion of, Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager and Commissioner
of Engineering and Works in explanation of photographs presented at a recent Council meeting and the
question as to whether the City was dumping demolition material on private property in the area of Pokiok
Road, be received and filed and a copy of the staff reports in this regard be forwarded to Snowflake Lime Ltd.
I
,
~
Knibb stated that he regrets that this type of action had to take place from Council
public.
Councillor
to its emp~oyees; in
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, submitting information in reply to questions
raised by a Councillor regarding the Department's gravel purchasing procedures, be received and filed.
Discussion ensued between the Council members and Mr. MacKinnon regarding the above report on
the City's gravel purchasing procedures.
.
Read a 'letter from the City Manager with regard to the request received at Council's October
9th, 1919 meeting from Mr. Gerald Lawson, solicitor for David M. Lunney and Associates Limited to exchange
certain parcels of land in the Red Head area, advising that further research into the matter has now been
carried out by staff from the City Manager's Office, Legal.Department, Planning Department and Recreation
and Parks Department, and it has been determined that:' (1) the 5.33 acre parcel of land on the corner of
Red Head Road and Ocean Drive, although vested in the City ownership as "Land for Public Purposes", is
subject to the Council resolution of February 4th, 1919 which specified that this parcel was to be hel~
in trust until a suitable school site was later set aside, albeit no written agreement was found to exist;
(2) this parcel cannot be regarded therefore only as the usual land for public purposes which the City
would normally develop for recreation or other public purpose, might also be looked upon in part as land held
by the City for purposes of facilitating the acquisition of a suitable school site (if required) at some
time in the future; (3) although the City could have spent funds to, develop the 5.33 acre parcel on the
corner of Red Head Road and Ocean Drive for recreational purposes, the conditions under which the land was
vested in the City could mean that as soon as the suitable school site is set' aside by the, Developer , the
City's "ownership" would be in doubt; (4) although the Developer has made every attempt to provide a
parcel of land for exchange purposes which satisfies the requirements of the City with respect to recreational
uses the Developer has implied that this exchange parcel is still subject to a further exchange or exchanges
in the near future, making any recreational development by the City somewhat risky; and (5) it should also J
be noted that in order for the City to accept the exchange parcel of land for public purposes it appears
necessary to receive the recommendation of the Planning Advisory Committee as to the acceptability of
this parcel.
I
I
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the propose~
exchange of land with David M. Lunney and Associates be referred to the Planning Advisory Committee for its
recommendation, and that, as previously recommended by the Deputy Commissioner ,of Community Planning, and
providing there is no adverse recommendation made by the Planning Advisory Committee, Common Council
agree to the proposed exchange of the lands to effect a new parcel of land for public purposes, uncondi~i
tionally without restriction as to its use by the City.
** see oppos~te p~ge
-, " ,.,
.
~
II""'"
:t~i
.
1
"
Parade By-Law
I
.
:1
Comm i ttee of
The Whole
.
I
'Council,
composition
"Council ,
salaries
'w. H. Crandal
& Assoc./
Design Work-
shop
,Valley Corri-
dor Study
I
.
lli..
that at the time this agreement was made, it was not a requirement of the developer that such land be deeded
to the City, and that such land has' only been held in trust by the City. Councillor A. Vincent inquired as
to the period of time before this matter will be before Council after being referred to the Planning Advisory
Comrr,ittee. Mr. Zides stated that it is not necessary for the matter to be before Council again if the Committee
has no objections, if Council approves the matter in principle. During ensuing discussion, Mr. Rodgers
stated he believes the matter should come back to Council after consideration by the Planning Advisory Committee.
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A By-Law Regulating Parades and
Other Similar Uses of Public Places in The City of Saint John, Made Under the Authority of the Municipalities
Act, R.S.N.B. 1913, and Amendments Thereto", be read a first time.
Councillor Elliot noted that he had previously suggested that the hospitals and ambulance service
should be added to the list of agencies to be advised when parade permits are issued by the City. Mr. Rodgers
noted that previous suggestions of Council for changes in the proposed by-law, as well as any additional
changes Council may wish, will be incorporated into the by-law before third reading. Councillor Knibb stated
he is still basically opposed to the concept of this by-law and he inquired if any of the local parade
organizers have been asked for their reaction to the proposed by-law. Mr. McDermott replied that such
reactions will be received and considered prior to third reading, and with regard to improved liaison between
City departments for parades, he advised that it is expected that a complete set-up between the Police
Department and the Santa Claus Parade Committee will be determined within the next week. Councillor Murphy
stated he feels that the parade route should be roped off by the Police and Fire Departments and that the
disbursing of treats to children along the parade route should be banned. He further suggested that City-
sponsored parades should be exempt from the $25.00 permit fee. Councillor Landers suggested that some law
should be in force regarding funeral processions in the City, and in particular with traffic cutting into
such processions. Councillor Wayne stated that she is opposed to the $25.00 permit fee, however, she would
be in favour of a $1.00 fee.
Councillors Knibb and Wayne voted "nay" to the above motion.
Read a first time the by-law entitled, "A By-Law Regulating Parades and Other Similar Uses of
Public Places in The City of Saint John, Made Under the Authority of the Municipalities Act, R.S.N.B. 1973,
and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law Regulating Parades and
Other Similar Uses of Public Places in The City of Saint John, 'Made Under the Authority of the Municipalities
Act, R.S.N.B. 1913, and Amendments Thereto", be read a second time.
Councillor A. Vincent suggested that second reading of the proposed by-law should be tabled until
the next meeting, pending receipt by the City Manager of input from local parade organizers.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the above motion be laid on the table.
Question being taken, the tabling motion was carried.
Read 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 begs to report that it sat on September 11th and October 9th, 1919, and your Committee
begs to submit the following recommendations, namely:-
1.
That the size of Council be reduced to 10 Councillors, to be elected at large.
2.
salary to
That the Mayor's salary be established as 100% of the salary of an M.L.A., with the Deputy Mayor's
be 60%, and a Councillor's 'salary to be 50% of the salary of an M.L.A.
3. That as recommended by the Planning Advisory Committee, W. H. Crandall & Associates/Design Workshop
be appointed to carry out the Valley Corridor Planning Study for a fee of $31,855.00, and that authority be
granted for the preparation and execution of the necessary contract in this regard.
15th October, 1919,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the size of Council be reduceq to 10 Councillors.
Councillor Wayne stated that she is not in favour of reducing the size of Council from the present
number if the present type of Council-committee structure is continued - she feels committee work is essential
to a good Council and that in order to become knowledgeable of the different departments so that Council can
adopt policy with regard to those departments, you must work on the committee structure of Councll. She
further stated that she personally does not feel she could work on any more committees than at present and
that she feels the method of election should be determined before the actual size of Council. Councillor Pye
stated he is strictly opposed to the reduction in the size of Council and to being elected at large - history
has proven that the smaller the Council the less service is' received by the taxpayers, particularly the
average citizen. Councillor Murphy stated he will vote against the motion; he sees nothing wrong with the
present size of Council, with guaranteed representation to all areas. He stated he has reservations that
** During discussion of the above matter, Councillor Murphy stated he is in favour of the proposed
exchange of land with the land to be received by the City to be unconditional cas to its future use, as
recommended by the City Manager. In reply to a query of Councillor G&uld, Mr McDermott stated
142
'.~'
"
'ColUlcil ,
of
composition
"ColUlcil, salary
'Council, per diem
rate
'ColUlcil, salary
& allowance
with a Council elected at large, those in the outlying areas of the City certainly will suffer and he would
like to see the City divided into wards with Councillors to be elected by wards, and then if the size of
Council was reduced he would have no objection. Councillor MacCallum stated he opposes the reduction in the
size of Council and he agrees with the reasons cited by Councillor Wayne in this regard - he feels a re- .
duct ion might be alright if everyone did an equal amount of committee work, however, some people due to their
employment and other factors are unable to do so. Councillor Elliot expressed his approval with the
proposed reduction in the size of Council and stated he believes'if we are going to have a Council
where business is conducted by those people capable of the job and are to be held responsible for the job,
then there must be more responsibility allocated to the people who are thus employed and that they must be
held directly accountable to Council, rather than work with committees, and that the number of such
committees should be minimized. Councillor Green stated he is in favour of a reduction in the size of
Council to 10 members 'elected at large and that he feels that the ward system was an excellent system at
the time to ensure representation from all areas, however, today Council in their wisdom look after the
City as one body, regardless of which area they come from. Councillor M. Vincent stated that he supports I
the comments of Councillor Elliot and agrees that the problem is not so much the number of Councillors as
it is the way the system functions - we have a combination City Manager/committee form of government which '
he feels is unworkable and he feels the role of Council might become more of a policy governing body,
which it should be, with a reduced Council. Councillor A. Vincent asked where the reduction of two
Councillors will be made and he would like to have this item clarified. Councillor,MacCallum stated that
based on population, and allowing approximately 10,000 persons for every Council member, it should be 4
Councillors from the centre of the City, 3 in East and 3 in West. Councillor A. Vincent commented that if
he had that assurance he could support the motion.
Question being taken, the motion was carried with Councillors Murphy, MacCallum, Pye, A. Vincent
and Wayne voting "nay".
I
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On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that members of Common Council be elected at large.
Councillor MacCallum expressed his opposition to the above motion, stating that he feels there
should be guaranteed representation from each area of the City; he made a study within the past year and
at that time the only cities in Canada where all the Councillors or Aldermen were elected at large were
the cities of Burnaby and Victoria, in British Columbia. He stated he believes it is dangerous as you
could get too large a representation from one area of the City. Councillor M. Vincent stated he will vote
against the motion as he believes that each area of the City is entitled to and requires some form of
representation - he would consider something other than a complete ward system - perhaps a combination of
two systems, as long as he would be assured that both east, west and centre would have no less than two
representatives, perhaps with the other four being elected at large. He stated he feels it is too soon to
reduce the number and also the form of election to completely at large. Councillor Wayne stated she too
will vote against the motion; she would vote in favour of three representatives from east, three from
west, and four in city centre. Councillor Murphy expressed his agreement with the comments of Councillors
M. Vincent and Wayne and stated he feels that all three areas of the City should be guaranteed represe~
tationr. and that it should be three east, three west and three from the centre. Councillor Gould stated
he feels the electorate are intelligent enough to vote for the best ten representatives for the City - he
feels the electorate has the right to determine which ten persons will represent them - Saint John is one
community, it is not fragmented areas. Councillor Green expressed his agreement with the proposal as he
feels that the previous system has accamplished its purpose in guaranteeing representation. Councillor
Landers stated he would be in favour of not electing Councillors at'large if we went to a true ward
system, but he does not feel Council is prepared to do this - since amalgamation the attitude of citizens
has changed and are proud they are from Saint John, without classifying which area of the city they come
from. He feels that the Council members make decisions because they are for the betterment of the City of
Saint john as a whole regardless of what area of the city they are for.
.
1
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Question being taken, the motion was carried with Councillors Murphy, MacCallum, M. Vincent and
Wayne voting "nay.".
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the Mayor's salary be, established as 100% of the
salary of a New Brunswick M.L.A., with the Deputy Mayor's salary to be 60%, and a Councillor's salary to
be 50% of the salary of an M.L.A., with such salary increases to be effective upon the election of the
next Common Council.
.
In reply to queries, Mr. Rodgers stated that the necessary by-law amendments will have to be
drafted to effect the above changes in the size, structure and salary of Common Council.
Councillor Murphy advised he will vote against the motion, as he feels if Council wants to grant
itself an increase, it should do so without reducing the size of Council. Councillor Knibb'stated he will
oppose the motion on two grounds - firstly, he thinks it is demeaning to this Council to have to set its
salary at any rate comparable to that of a,Member of the Legislative Assembly; secondly, he is opposed
because he does not think this, Or any other Council, at a time of economic distress should be setting
such a bad example for the community as to vote itself extra money. He stated his comments were meant for
Councillors, and not the Mayor, which in effect is a full-time job. Councillor Wayne stated she will vote
against the motion. Councillor Pye stated he feels the Council members are at the present rate, suf-
ficiently compensated for their time and efforts - the changes recommended can only result in more money
for each Council member and less service to the general public. Councillor A. Vincent stated that as one
who opposed the last increase in salary, and realizing ,that it is only fair'to give the working man an
opportunity to serve the community, he will be forced to support the increase. Councillor Landers ex-
pressed his suppo~t for the proposed increase and stated that it is almost impossible for someone who
holds a full-time job for an employer to serve on Council and perhaps an increase will give the citizens a
wider area of people to choose from.
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Question being taken, the motion was carried with Councillors Knibb, Murphy, Pye and Wayne
voting "nay".
Councillor A. Vincent referred to the per diem
been revised from the present rate of $25.00 since 1961.
from salaries.
expense rate for Council members, which has not
The Mayor noted that this is a separate matter
On motion of Councillor MacCallum
.
Seconded by Councillor A. Vincent
RESOLVED that the above approved increases for the Mayor,
Deputy Mayor and Councillors be comprised of two-thirds salary and one-third as an allowance incident to
the discharge of duties.
~
,....
. .'" -~ ~"----'" ;
i413
.
'Ci ty
Solicitor
I
1
"
, Simms Corner
,crosswalk
.
I
,
re-zoning
'Royal Bank of
Canada
\ Prop: 998
Rothesay Ave
'Land Committe
.
policy re
sal e of
freehold
interest
1
I
.
'Land Committe
Prop: 216
Germain St
108 Orange St
lrr..
ues lOll elng a en,
e roo lon was carrle .
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the City Solicitor be requested to prepare the necessary
by-law amendments with respect to the changes in the size, structure and salary of Council members, as approved
at this,meeting.
Question being taken, the motion was carried.
The Mayor stated he wished to congratulate Council in reaching a conclusion to the above matters; we
never know what the future holds and he is sure it is not a catastrophic conclusion - it is something that will
go on and then be changed later on by another Council. He noted that such decisions are only made after much
thought and discussion by the Council members.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that section 3 of the above report be adopted.
On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor Pye advising that in view of
complaints submitted by pedestrians utilizing the crosswalk at Simms Corner to the effect that several near
accidents have occurred at this hazardous crossing, possibly due to lack of prope~ traffic signs at this point,
he wishes to propose a motion that a sign two feet square bearing the words "Pedestrian Crosswalk" be placed on
the curb side of the sidewalk; approximately fifteen feet north of the western end of the crosswalk and that a
similar sign be likewise positioned at the eastern end of the said crossing, be referred to the appropriate
staff for consideration.
Councillor Murphy stated that in addition to what Councillor Pye has proposed, he feels consideration
should be given to marking all crosswalks in the City with hatched lines in order to make them more visible to
the motoring public. Councillor Green suggested that it might also be suggested that a safety island should be
constructed in the area referred to by Councillor Pye.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application submitted by the Royal Bank of Canada for re-zoning of property at 998 Rothesay Road
from "RS-2" Suburban Residential to' a commercial designation, advising that although the Committee is receptive
to the property's being put ultimately to a commercial use, it does not feel that the parcel should be re-zoned
until a definite proposal has been received and until adequate municipal services are available, such as
sanitary sewerage and a reliable and quality water supply, and in response to notices that were distributed to
neighbouring property owners, the Committee was advised of significant problems with respect to potable water
in the area; further advising that Common Council is also reminded that about a year ago it did not approve of
an industrial subdivision (situated in close proximity to the subject property) on the basis of private services,
and has also applied this policy to lands on Ashburn Road; and in view of the lack of services, the servicing
policy of the City, and the lack of details pertaining to the applicant's proposal, the Committee feels that
the re-zoning is premature and recommends that the, application not be approved at this time -- be received and
filed and the recommendation adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Land Committee advising that the
Committee has adopted the policy that all freehold interest be sold at 50% of the market value to those persons
who hold a short term renewable lease, and further resolved that letters be sent to all those who hold such
leases asking them if they would be interested in purchasing the freehold interest on their property, and
further advising that there will be exceptions to this, however, such as those properties in which the City
would want in the future for some civic purpose or that may have a sewer or water line across them where the
City would have to maintain an easement, be received and filed and Council approve the said policy.
Councillor Elliot stated he understands at the present time the City's policy is to sell land for its
assessed value. The Mayor stated it is sold for the appraised or market value - when the Provincial Government
assumed assessments in the Province, they made no distinction between assessed value of land and buildings.
Councillor A. Vincent, Chairman of the Land Committee, stated the Committee is recommending a change in the
present policy for approval by Council. During further discussion, he noted that applications for purchase of
freehold interests are being'received as a result of citizens applying for R.R.A.P. funds to improve their
properties. Councillor Elliot stated he feels the policy should be 50% of the value as determined by an
independent appraiser. Councillor A. Vincent noted that if the Land Committee is not satisfied with the appraisal
of the City's staff, who are very capable, an independent appraisal is requested. He noted there is a special
Land Committee meeting to be held next Monday at which time this change in policy could be more fully explained
by staff to any interested Council members.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table for one week to allow
any interested Council members to discuss the proposed policy change with the Land Committee or appropriate
staff.
"nay".
Question being taken, the tabling motion was carried with the Mayor and Councillor Knibb voting
On motion of Councillor Wayne
Seconded by
Councillor MacCallum
RESOLVED that the letters from the Land Committee recomending sale of
in properties at 216 Germain Street and 108 Orange Street, be laid on the table for one
the freehold interest
week.
144
,
'Land Committee
'Leas e
'Royal Trust Corp.
'-Prop: 196-198 Union
St.
"Land Committee
'Lease
'Paul McLaughlin
'Prop: 262 & 274
St. James St.
'Union, Local 61
re size of Council
'Sea:Belles Chapter
of Harmony Inc.
, Grant
're-zoning
'Dept. of Supply &
Services
'Prop: Whitebone Way
LEG A L
SESSION
,Loch Lomond Bus
Lines
'William McGrath
':.~..3=-'':' 0 ~S3j',:,
"Eric L. Teed, Q.C.
'" Martha J. Stewart
'- Prop: 77 Victoria St
'- Ti tus Bakery
Question being taken, the tabling motion was carried with the Mayor and Councillors Knibb and
A. Vincent voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be
granted for the lease of approximately 630 square feet of land adjoining property at 196-198 Union
Street to the Royal Trust Corporation, such lease to be on a month to month basis at a rate of $15.00
per month, and that the Royal Trust Corporation accept full responsibility for the care and condition
of the said lot.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be
granted for the lease of the lot between 262 and 214 St. James Street, as shown on the submitted plan,
to Mr. Paul McLaughlin for a period of one year, at a rental of $215.00 for this one-year period and
Mr. McLaughlin to have an option to purchase the said property at the end of the one-year term, for the
assessed value of $2,000.00.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the letter from the Saint John Policemen's Protec-
tive Association, Local No. 61, C.U.P.E. advising that the Association has given careful study to the
operational size of the existing Common Council and are of the,opinion that the size of the Council
should be reduced to eight Councillors, which would provide the citizens of Saint John with a more
efficient, effective Council more responsive to the needs of the ,City, be received and filed.
On motion of Councillor Gould
~
.
I
1
Seconded by Councillor Murphy .
RESOLVED that the letter from the Sea Belles Chapter of Harmony
Inc. requesting a grant from the City to assist with expenses in attending. international competitions
to be held in Lake Placid, New York in November.1919, be referred to the 'grants committee for consideration.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from the Provincial Department of
Supply and Services for the re-zoning of property located on Whitebone Way in McAllister Park, be
referred to the Planning Advisory Committee fOr a report and recommendation and authority be granted
for the necessary advertising.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that ,this meeting ~ontinue, in legal session.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that 'the letter from the City Solicitor with respect
to bus service in the east end of the City, advising ~hat in his opinion the City of Saint John does
not have a continuing obligation to the Loch Lomond Bus Lines, nor does the Loch Lomond Bus Lines have
a vested interest as a result of the previous arrangements made to provide a transportation service in
the portion of East 'Saint John serviced by Mr. William McGrath of the Loch Lomond Bus Lines, and further
advising that in view of the arrangement made, however, it would seem that the Saint John Transit
Commission should request that Mr. McGrath attend before the Commission and be officially informed of
the Commission's plans and intention for the area now served by the Loch Lomond Bus Line -- be received
and filed and a copy be forwarded to the Chairman:of the Transit Commission.
On motion of Councillor Elliot
Seconded by Councillor Murphy
, RESOLVED that the letter from Mr. Eric L. Teed, Q.C., solicitor
for Martha J. Stewart, owner of property ,situate at 11 Victoria Street, offering to convey the said
property to the City of Saint John in satisfaction of all claims with respect to the demolition of said
property in its "as is" condition, and subject to whatever tax may be owing, upon payment of her legal
costs, which at present would be $150.00, be referred 'to the City Manager for a report based on infor-
mation from the Land Committee and City Solicitor.
Read a letter from Councillor Wayne with respect to the claim for damages of Titus Bakery.
On motion of Councillor MacCallum
Seconded by Councillor Murphy
RESOLVED that the matter of the status of the claim of Titus
Bakery be referred to the City's insurers with a request that they do everything possible to arrive at
an early settlement of this matter.
On motion
The meeting adjourned.
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I.
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1:~.5
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-second
day of October, A. D. 1919, at 4.00 o'clock p.m.
.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and,Wayne
- and -
I
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, J. C.
MacKinnon, Commissioner of Engineering and Works, J. Gabriel, Deputy
Commissioner of Works, M. Zides, Commissioner of Community Planning and
Development, J. Griffin, Traffic Engineer, J. Brownell, Assistant Director
of Recreation and Parks, S. Lodhi, Chief of Technical and Inspection
Services, and Building Inspector, J. F.'Ross, Chief of Police, D. Buck,
Deputy Commissioner of Housing and Renewal Services, D. French, Director
of Personnel, and G. Soucy, Labour Relations Officer
I
Reverend E. Lloyd Lake of All Saints Anglican Church offered a prayer which opened the meeting.
Reverend Lake introduced Dr. Blair Shaw, Chairman of the Renaissance Commission on the Family, who spoke
briefly to the Council members.
The Mayor introduced Mrs. Virginia C. Miller, formerly of Saint John, who is President of the New
York State Recreation and Parks Society, and President of the National Board of Parks and Recreation.
On motion of Councillor Murphy
.
October 15th last, be confirmed.
Seconded by Councillor MacCallum
RESOLVED that minutes of the meeting of Common Coun~il, held on
The Mayor asked if the Council members wished to hold a Council meeting on November 12th, 1979, which
will be a national holiday as Remembrance Day falls on a Sunday this year.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that no Council meeting be held the week of November 12th,
1919.
During discussion, the Mayor advised that the collective agreements with the City's employees include
Remembrance Day as a holiday.
I
Question being taken, the motion was carried with Councillors Knibb, Landers, MacCallum and Wayne
voting "nay".
The Mayor noted that a special Council meeting will be held on Wednesday, October 24th, 1919 at 2
o'clock p.m. for the purpose of opening tenders for debentures. Mr. Park outlined the reasons for holding such
meeting at the date and time specified, and following discussion, it was suggested that perhaps in the future
consideration could be given to changing the day and time for special meetings for this purpose.
On motion of Councillor Murphy
'-D.R.E.E.
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate and approved invoices in connection with the
following projects that were undertaken under the Department of Regional Economic Expansion programme:-
.
\Bayside Drive
Reconstructio
'Murdoch-Lingle
Ltd.
1.
Bayside Drive Reconstruction and Extension
(a)' Payments for property surveys to
Murdoch-Lingley Limited
Payments previously approved
Sum recommended for payment, Progress Estimate Number 33,
dated August 30, 1919
$
$
210.00
32,331.23
(b) The New Brunswick Electric Power Conunission
, N. B. Power Co Utility relocation
I Payments previously approved $ 9,332.19
Sum recommended for payment, Progress Estimate Number 3,
dated October 5, 1919 $ 11,011.81
Provo of N.B. (e) Province of New Brunswick
, Dept. of Department of Transportation
Transportatio Supply of engineering services and materials
Payments previously approved $ 361,193.38
, Sum recommended for payment, Progress Estimate Number 16,
dated October 16, 1919, $ 42,315.49
" Haz en Creek 2. Hazen Creek Sewerage Treatment Plant
Sewerage (a) Godfrey Associates Ltd.
Treatment Engineering services
Plant Payments previously approved $ 571,041. 60
'Godfrey Assoc. Sum recommended for payment, Progress Estimate Number 11,
Ltd. dated October 11, 1919 $ 408.16
, Simpson Const. (b) Simpson Construction Ltd.
. Ltd. Original estimated value of contract $ 1,598,150.00
Total work done, Estimate Number 16 1,585,116.06
Retention 40,000.00
Payments previously approved 1,302,386.35
Sum recommended for payment, Progress Estimate Number 16,
dated September 25, 1919 $ 243,386.11
lrl..
146
"'lIIl
, Bayside Drive,
relocation of
substation
'Mr. E. A. Colwell
,Spring Street
residents
'Parking Commission
Parking meters
removal on Union
Street
, City Solicitor
, Traffic By-Law
Parking Meter
By-Law
,
Market Square
'Street closings
~Stephen Const. Co.
Ltd.
'D. Hatfield, Ltd.
, asphal t tender
'- Parade By-Law
,
(Councillor A. Vincent entered the'meeti~g)'
In response to a query of Councillor Landers, Mr. MacKinnon advised that when the substation
on Bayside Drive has been relocated and the power lines, changed, the poles, which are located on the
inside lane of Bayside Drive but which are adequately marked, will be moved.
Councillor Wayne referred to the.following items contained in the information kit forwarded
to the Council members, namely: letters of appreciation for work done on Clark Road #2, Morna, from Mr.
E. A. Colwell for installation of a street light on the Acamac Beach Road, and from residents of Spring
Street for curbing and paving, and asked that these letters be brought to the attention of the appropr-
iate employees.
On motion of Councillor Murphy,
Seconded by Councillor MacCallum
RESOLVED that the joint letter from the City Manager, Com-
missioner of Engineering and Works, and Traffic Engineer, advising that at a meeting of the Parking
Commission held on October 9th, 1979; staff was requested to prepare the submitted recommendations to
remove parking meters and to prohibit anyon-street parking in the vicinity of the parking garage
entrance and exits off Union Street, which was proposed'earlier in a staff report prepared at the
Commission's request and covering traffic aspects.related to the parking structure; further advising
that at present, parking is permitted on the south side of Union Street in the block between Chipman
Hill and Germain Street and vehicles parking at meters and in a 15-minute zone at Loyalist House impede
traffic to and from the garage because sight distance and street width are reduced and on-street
parking also presents a safety hazard at the heavily used pedestrian crosswalk on Union Street at Peel
Street; and recommending that the submitted amendments to'the Traffic By-Law and Parking Meter By-Law
which are required to remove meters and to prohibit parking on Union Street in the block between
Chipman Hill and Germain Street, be referred to the Legal Department for drafting of the required
amendments,-- be received and filed and the recommendation adopted.
.
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1
Considerable discussion ensued between the Council members and Mr. MacKinnon regarding the
above proposed amendment, and also with regard to parking problems in other areas of the uptown area, .
namely, Chipman Hill, Union Street (from Germain Street to Charlotte Street), and King Street (between
Chipman Hill and Germain Street) during construction of the proposed hotel in the Brunswick Square
complex. In regard to the matter of parking meters being removed by staff, Mr. Rodgers stated that he
is not aware of any provision for having parking meters removed administratively on a permanent basis,
and in his opinion such authority rests with Council.
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A By-Law to Amend a By-
Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of the Motor
Vehicle Act, 1913 and Amendments Thereto", and the by-law entitled, "A By-Law to Amend a By-Law to
Provide for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge
and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances" -- be read a
first time.
Question being taken, the motion was carried with Councillors Gould, MacCallum, A. Vincent
and Wayne voting "nay".
Read a first time the by-laws entitled, "A By-Law to Amend a By-Law Respecting Traffic on
Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1913 and Amendm-
ents Thereto", and "A By-Law to Amend a By-Law to Provide for the Reservation of Certain Streets or
Portions Thereof for Parking Purposes and to Charge and, Collect a Fee for the Use or Occupation of the
Same by Means of Mechanical Appliances".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager advising that
in order to prepare for the development of Market Square it will be necessary to legally close certain
existing City streets, namely, North Market Wharf, Nelson Street, Robertson Place, Smythe Street, and a
portion of Union Street west of Dock Street, as shown on the submitted plan and further advising that
new public streets will be built as part of the development which are indicated approximately on the
street closure plan, which new streets follow much the same alignments as the present North Market
Wharf, Smythe Street and Union Street, and recommending that Council advertise its intention to consider
the closure of certain streets as desribed -- be received and filed and authority be granted for the
necessary advertising in this regard.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City
granted for payment of the following invoices:-
Stephen Construction Company Limited - supplying asphalt October 1-15, 1919
D. Hatfield, Ltd. - Works Dept. (equipment rental) September 16-30, 1979
- Water Dept. (equipment rental) September 16-30, 1919
Manager, approval be
$ 114,569.10
$ 42,305.51
$ 5,803.19
Councillor Landers was advised by Messrs. McDermott and MacKinnon that tenders for the supply
of asphalt will be called before the end of this year.
On motion of Councillor Murphy'
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the
proposed Parade By-Law, which was tabled at the last Council meeting pending receipt by the City Manager
of input from local organizers, advising that the by-law has been discussed with Mr. Sandy Gregory and
he recommends that third reading of the by-law be delayed until after the Santa Claus Parade on November
11th and he suggests that this parade be used as a test for the proposed by-law, so that any changes
I
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I.
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147
Parade
, By- Law
.
I
1
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I
Santa Claus'. '
"Parade Com-
mittee
'Loyal Orange
Lodge #1
're Parade By-L
, Zoning By-Law
.
re business
or profes -.-
sional office
1
"Zoning By-Law
're 70 Leinster
Street
I:
re-zoning
conditions
., Municipal
By-Law
'Harold & Pearl
Lord
'-2304 Ocean
Westway
;
Plan
Ili....
that resu~t from the, experience of the parade test of the new by law can be incorporated be ore thlrd rea lng;
further advising that with respect to ,other Suggestions made by Councillors, furieralprocessions are excluded
from the Parade By-Law and noting that the Traffic By-Law, Section 6, already provides that no driver shall
intersect a funeral cortege while in motion except under the direction of a Peace Officer; and further advising
that notification to the Saint John Regional Hospital, Director of Administrative Services, will be added to
cover hospital and ambulances; roping-off the parade route would require about 32,000 feet of rope together
with stanchions along with considerable manpower and is not considered practicable in most circumstances; and
recommending that third reading of the Parade By-Law be delayed until after the Santa Claus Parade -- be
received and filed and the recommendation adopted.
During discussion of the proposed Parade By-Law, Councillor A. Vincent stated he would propose that
the by-law be tabled until the last meeting in January, 1980 which ~ould give time to study the matter,'and
maybe we will find such a by-law is not required. Councillor MacCallum stated he feels Council panicked about
the need for such a by-law - for several months we have been,told we have to have it, and now we can wait
until after the Santa Claus Parade, so in view of that he does not feel we need the by-law at all. Councillor
A. Vincent stated he was the one who suggested the need for such a by-law, and Council does not want to stop
small parades - he feels we were concerned with commercial vehicles in parades and the handing out of treats
to children along the parade route, and he would like the matter tabled because it may be found that there is
no need for this by-law. Councillor Wayne stated she sees absolutely nothing wrong with having a Parade By-
Law, as they have in all other cities, and because of the publicity that has come forward, all those who
operate parades have told us they will do it properly, and perhaps some of the tragedies would not have
occurred in the past had we had a by-law, and therefore she is in favour of having a by-law enacted in Saint
John. Councillor Murphy noted that discussion of this matter by Council has made everyone connnected with
parades more safety conscious and has served a purpose. Councillor M. Vincent stated that he is confused as
to why Council now wants this matter delayed and he agrees that the by-law would provide terms of reference
and guidelines or terms of reference for those people organizing parades in the City. Councillor Landers
stated he is in favour of a by-law if we are going to have it, however, if it is not firm it will serve no
purpose and will not prevent children from running into the street during a parade, which is one ,of the major
problems. Councillor Knibb stated that after discussing the'matter with Mr. Sandy Gregory and also with a
former Mayor of the City who is involved in organizing several parades, he thinks Council would be well
advised to table the by-law and look at it again because it may just become a bureaucratic nightmare for a lot
of smaller parades, which he had originally overlooked, and he will therefore support a tabling motion.
Councillor Clark suggested that it is really a matter of simplifying the proposed by-law so that it then can
be implemented. Councillor Elliot stated he is in favour of the by-law and it is his intention to support a
tabling motion with the understanding that the time would be used for the revisions which had been suggested
by Council at the time of first reading. Councillor A. Vincent stated that that would be his intent in having
the matter tabled and to receive additional input from the public.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the proposed Parade By-Law be laid on the table until the
last Council meeting in January, 1980.
Question being taken, the tabling motion was carried with the Mayor and Councillors Gould, MacCallum,
M. Vincent and Wayne voting "nay".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. A. P. Gregory, Chairman of the
Annual Santa Claus Parade Committee submitting suggestions for consideration by the committee studying the
proposed Parade By-Law, and the letter from Mr. Derald Anderson, County Master, Saint John County, Loyal
Orange Lodge #1 with respect to the proposed Parade By-Law, advising that the officers of the said Lodge and
its eight affiliated lodges in the City and area would ask Council to consider improvements in the safety
standards of future parades but would strongly suggest the deletion of any or all assessments to organizations
wishing to hold parades within the City, be received and filed.
w
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns (a) deleting the words "subject to
subsection (2)" in paragraph (c) of subsection (1) of Section 100A sO that the paragraph will read as follows:
"(c) a business or professional office"; and (b) repealing subsection (2) of Section 100A, be read a third
time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor ,Elliot
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of tne City of Saint John, by re-zoning property at 10 Leinster Street (L.R.I.S. Number 009118), from "RM-l"
Multiple Residential to "B-1" Local Business district, be read a third time and enacted and the Corporate
Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the said re-zoning be
on tne following conditions: (a) the use ;f the property shall be restricted to a dwelling and professional
office; (b) that there shall be no external' changes to the existing building; (c) that a minimum of three off-
street parking spaces shall be provided in the rear of the property; and (d) one external sign shall be
permitted on the building, provided it is in accordance with Section 220(3)(b)(ii) of the Zoning By-Law.
Councillors Landers and A. Vincent voted "nay" to the above motion.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A., the Future Land Uge Plan
to reclassify property at 2304 Ocean Westway (L.R.I.S. Number 55001074) from Low Density Residential to Light
Industrial, be read a third time and enacted and the Corporate Common Seal affixed thereto.
Councillor Landers voted "nay" to the a,bove motion.
148
.,
. Zoning By-Law
.re- zoning
'Harold & Pearl Lord
,2304 Ocean Westway
The by-law entitled, "A Law to Amend the Municipal Plan
Amendments Thereto" was read in its entirety prior to adoption of
By_Law of the City of Saint John and
the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint'John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property 'at 2304 Ocean Westway (L.R.r.:S. Number
55001014), from "RS-2" Suburban Residential to "I-I" Light Industrial district, be read a third time and
enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the said re-
re-zoning conditions zoning be on the following conditions: (a) the use of the property shall be restricted to the processing,
storage and sale of fish products and such activities shall be confined to the interior of the building
existing on the property; (b) no alterations to the existing building shall be permitted which would
have the effect of expanding the siz~ of the establishment; (c) all deliveries to and from the establish~-
mentiincluding,parking of customer and business vehicles shall be restricted to existing locations; (d)
all existing landscaped areas between Ocean Westway and the building. shall be retained and maintained;
and (e) a maximum of 30 square feet of non-illuminated signage may be permitted.
'c 'i" '. f'o..
ompos t lOTh .,0 ".,_'~:;:i['c
C:ouncil By-Law
'Composition of
Common Council
By-Law
,
Composition of
Common CounCil
By-Law
"
Election of Commonl
CounCil By-Law
Councillor Landers voted "nay~1 to the above motion.
The by-law entitled, "A Law'to Amend the Zoning By-Law, of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Read a letter from the City Solicitor submitting a by-law relating to the composition of the
Common Council, noting that the by-law is to become effective the 26th day of May, A.D. 1980, and
advising that as the next municipal elections are to be held on the 12th day of May., 1980, and as a by-
law changing the composition of Council must be enacted prior to six months before the next election,
the by-law should be enacted before November 12, 1919.
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Mr. Rodgers stated that section 3 of the proposed by-law was repeated in error from item 13 on
the agenda, and the wording of the said section 3 should be "This by-law to become effective for the .
municipal triennial election of May 1980". '
Councillor A. Vincent stated that he can support one' section of the by-law and he cannot
support another section, and he asked if Council can instruct the City Solicitor to submit at the next
meeting two by-laws, one for the size of Council and one for the election by districts, wards or at
large - it should be two distinctive, separate by-laws. He further stated he is not in favour of
reducing the size of Council and noted that the House of Commons every four to five years increases the
number of its members to ensure representation - he would like to see twelve, fourteen or even sixteen
Councillors with a Cabinet style of government. Councillor M. Vincent stated he will have to vote
against the by-law because of one section. Councillor Wayne stated she also will be voting against the
by-law as she feels there should be definite representation from each area of the City.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that section 1 of the by-law entitled, "A By-Law
Relating to the Composition of the Common Council", be read a first time.
Councillor A. Vincent proposed an amendment to the above motion, which was seconded by Councillor
Wayne, that the number of Council members be twelve. Mr. Rodgers stated that Council is not talking
about four separate by-laws, he believes Council is talking about two separate subject matters - the
size of Council and election-at large or wards, and if that is a strong point with Council then obviously
you should have two by-laws and Council could deal with the matter' tonight by giving first reading to
each subject and then at the next meeting by-laws will be prepared to reflect that. Regarding the
proposed amendment, Mr. Rodgers expressed the opinion that it is not a proper amendment as it is a
change in the original motion. Councillor A. Vincent expressed his disagreement with this opinion.
Councillor Gould noted that the amendment proposed by Councillor A. Vincent is what is presently in the
, ,
by-law, and therefore there would be no need for a new by-law. Councillor Wayne stated that she has a
real concern in this matter because in her opinion'there has not been enough public input. She referred
to the report which was previously submitted to Council by the Committee of former Mayors, and noted
that that committee only received input from a total of 118 people, which she does not consider public
input. She stated that Council is now receiving public input and people consider this a very serious
matter and want public input.
Question being taken, the motion ~as carried ~ith Councillors Murphy, MacCallum, A. Vincent
and Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that section 1 of the by-law entitled, "A By-Law
Relating to the Composition of the Common Council", be 'read a second time.
Councillor A. Vincent proposed a motion, which was not seconded, that the proposed by-law be
tabled for one week to enable him to check with the Provincial Minister of Municipal Affairs, as he does
not accept the ruling he received at this meeting.
Questio~being taken, the motion was carried with Councillors Murphy, MacCallUm A. Vincent and
Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that section 1 of the bY,-law entitled, "A By-Law
Relating to the 'Election of the Common Council", be read a first time.
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,Councillor M. Vincent stated that he cannot support an "at large" representation, which he
feels will have an adverse effect on the outlying areas of the City. Councillor Clark expressed his .
support with the proposed method of electing Council members at large - following amalgamation the
representation by wards met the need of the times and he thinks Council is wise now to change the system.
Councillors Landers, Knibb, Green, Elliot and Gould expressed their approval to the proposed change.
~
,...
1~9
.
I
,Election of
Common
Council
By-Law
1
'Compo s it i on
of Common
Council
By-Law
.
I
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Election of
Common
Council
By-Law
.
1
I \ By-Law re
. ' Salaries for
Common Council
.
.....
Councillors MacCallum and Wayne expressed their reasons for being opposed to the proposed change. The Mayor
noted that the report of the committee'of former Mayors, as referred to'by Councillor Wayne, was of the unani-
mous opinion that Council should consist of eight Councillors elected at large, and Council at that time
rejected that recommendation.
Question being taken, the motion was carried with Counciilors Murphy, MacCallum, A. Vincent, M.
Vincent and Wayne voting "nay";
Councillor A. Vincent proposed a motion, which was not seconded, that the matter be tabled for one
week to enable him to protest to the Provincial Minister of Municipal Affairs.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that section 1 of the by-law entitled, "A By-Law Relating to
'.the Election of the Common Council", be read a second time.
Question being taken, the motion was carried with Councillors Murphy, MacCallum, A. Vincent, M.
Vincent and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that sections 2 and 3 of the by-law entitled, "A By-Law Relating
to the Composition of the Common Council", be read a first time.
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that sections 2 and 3 of the by-law entitled, "A By-Law Relating
to the Composition of the Common Council", be read a second time.
Question being taken, the motion was carried with Councillors Murphy and Wayne voting "nay".
The Mayor stated that he has been advised by the City Solicitor that as there will be two separate
by-laws, one dealing with the size of Council and the other dealing with the method of election, first and
second readings of section 2 of the second by-law are also required.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 2 of the by-law entitled, "A By-Law Relating to the
Election of the Common Council", be read a first time.
Question being taken, the motion was carried with Councillors Murphy, MacCallum, Pye, A. Vincent and
Wayne voting "nay".
On motion of Councillor Landers
Seconded by Counc'illor Gould
RESOLVED that section 2 of the by~law entitled, "A By-Law Relating to the
Election of the Common Council", be read a second time.
Question being taken, the motion was carried with Councillors Murphy, MacCallum, Pye, A. Vincent and
Wayne voting "nay".
Read a first and second time the by-law entitled, "A By-Law Relating to the Composition of the Common
Council".
Read a first and second time the by-law entitled, "A By-Law Relating to the Election of the Common
Council".
Read a letter from the City Solicitor submitting a by-law respecting salaries for members of the
Common Council, advising that the resolution adopted by Council at its meeting of October 15th, 1919 approved
salary increases for the Mayor and Councillors and that they be tied to the salary of a Provincial M.L.A., and
that the salary of an M.L.A. is presently $12,905.00 together with an expense salary of $6,452.50, amounting to
a total of $19,351.50 and he is assuming 'Council meant that the remuneration for purposes of the by-law was to
include the total remuneration to an M.L.A., and consequently, the by-law has been prepared on the basis of
$19,351.50 with the respective percentages adopted by Council for the Deputy Mayor and Councillors computed
accordingly. The letter states that under the Municipalities Act, Section 36 gives to the Council the authority
to enact the by-law to provide for payment to the Mayor and Councillors of an annual salary and additional
amounts as allowances for expenses and in his opinion the Act does not allow the by-law to set the salaries in
a general way by referring to the salaries of other positions, and thereby result.~n possible increases without
by-law amendment. The letter further states that the by-law that Council is repealing referS to the amount of
$25.00 that a member of Council receives when absent from the City on civic business and consequently, he has
inserted Section 4, in which Council may wish to retain the $25.00 or increase it to another amount.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Provide for Salaries to
the Members of the Common Council of the City of Saint John" be read a first time.
Following discussion, it was the consensus of the Council members that the amount of $25.00 would not
be changed in section 4 of the proposed by-law.
Councillor Knibb noted that we are now told at this late moment by the City Solicitor that we cannot
set Council's salary as a proportion of some other salary, and because of that he would suggest that we should
not end up with absurd sums as in the by-law, and if this motion is defeated he will move that the present
salaries be continued for the next three years. The Mayor stated that the reason the salary was tied to that
of an M.L.A. was to establish something that is Provincially recognized - he does not think the object was to
stay exactly on that amount, but we are now.told that is the way it has to be. Councillor Clark stated he is
not quite clear on the interpretation given by the City Solicitor in this matter, and he asked if Mr. Rodgers
150
"
\
By-Law re Salaries
for Common Council
,
S?J. Board of Trade
\
Committee of the
Whole
\
Saint John Tours
& Sightseeing Ltd.
Land Committee
policy re sale of
freehold property
examined the Legislative Assembly Act to see the way it was treated there. He understands the City of
Fredericton ties their salary into a cost-of-living situation each year and he cannot appreciate why it
cannot be done here. He stated he does not quit'e agree with the opinion and suggests that the City
Solicitor examine the Act referred to by him. Councillor Wayne stated she is not in favour of an in-
e
crease in salary for Council members at the present time - she feels the present salary structure brings
forward people who are dedicated and concerned for their City, and she fears an increase in salary will
change that and will attract people for monetary reasons. Mr. Rodgers outlined the opinion expressed in
his letter and noted that the Municipalities Act is the Act which gives the authority to Council to set
salaries. Councillor M. Vincent agreed with the Mayor that it was not the intent of the Council to
simply use the salary of an M.L.A., but to'use something that was a common denominator - he also does not
believe that it was the intent to set a salary Council would be afraid to assume. The Mayor stated that
by the opinion of the City Solicitor, the Council is not abrogating its responsibility - every time there
is a change in the M.L.A. 's salary the Council at that time will have to make that change itself if it
wishes. Councillor Wayne inquired if there is anything in the Act which allows a Council member to be
paid even when he is out of the City, which she does not feel is right. Mr. Rodgers replied that the
matter of absence from meetings is a.separate matter. Councillor A. Vincent stated that if some Coun-
cillors feel that he will be absent from the City On occasion due to his employment, he will' oppose the
increa~e.
Question being taken, the motion was carried with Councillors Clark, Knibb, Murphy, Pye, A.
Vincent and Wayne voting "nay".
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I
Read a first time the by-law entitled, "A By-Law to Provide for Salaries to the Members of the I
Common Council of the City of Saint John".
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Provide for Salaries
to the Members of the Common Council of the City of Saint John" be read a second time.
Question being taken, the motion was carried with Councillors Clark, Knibb, Murphy, Pye, A.
Vincent and Wayne voting "nay".
Read a second time the by~law entitled, "A By-Law to Provide' for Salaries to the Members of the
Common Council of the City of Saint John.
Councillor Clark proposed a motion, which was not seconded, that' Council petition the Pro-
vincial Government for a change to restrict the term of Common Council to two years.
On motion of Councillor A. Vincent
Seconded by Councillor Clark
RESOLVED that the letter from Mr. A. Lloyd Goldsmith, President of
the Saint John Board of Trade, with regard to proposed changes in the size, structure and salary of
Common Council, commenting on the proposed changes and advising that the Board is pleased with Council's
decision to effect such changes and'looks forward to the introduction of these changes during next year's
municipal election, be received and filed and the Board be thanked for their letter and asked what Board
members were present at the meeting at which the said matter was discussed.
Question being taken, the motion was carried with Councillors Green and Wayne voting "nay".
Read 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 begs to report that it sat on October 15th, 1919, and your Committee begs to
submit the following recommendation, namely:-
1. That the letter from Saint John Tours & Sightseeing Ltd. asking that Council approve a $5,000.00
subsidy to allow the said firm to alleviate some of the deficit incurred in its 1919 season with a view
to continuing operations in the future, be received and filed and the said company be advised that the
City does not make grants to private enterprise.
22nd October, 1919,
Saint John, N. B.
Respectfully submitted"
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that the above report be received and filed and the
recommendation contained therein adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from the Land Committee advising that the
Committee has adopted the policy that all freehold interest be sold at 50% of the market value to those
persons who hold a short term renewable lease, and further resolved that letters be sent to all those who
hold such leases asking them if they would be interested in purchasing the freehold interest on their
property, and further advising that there will be exceptions to this, however, such as those properties
in which the City would want in the future for some civic purpose or that may have a sewer or water line
across them where the City would have to maintain an easement, which letter had been laid on the table at
the last Council meeting, be taken from the table and Council approve the said policy.
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Considerable discussion ensued with respect to the above proposed policy and Mr. Buck outlined
the necessity for such a policy and noted that the option to purchase freehold interests will be permitted .
until December 31st, 1980, at which 'time Council can decide if it wishes this policy to continue.
Councillor A. ,Vincent, Chairman of the Land Committee, reported to Council on the present cumbersome
system in this regard and the need of leasehold owners to purchase the freehold in order to obtain
financing for property improvements. He also reported on the deliberations of the Land Committee and
staff in this regard.
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"...
151
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Land Committe
Clark,
l
Drummie & Co.
I
Land Committe
Juanita Lake"
\.. man
1
'Land Committe
'Fire Lanes
.\
Land Committe
\Barbara A.
Myles
Third Loch
"Lomond Lake
I
,
Counc. M.
Vincent
\ Crown Street
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"
Counc. M.
Vincent
, Westmorland
Road
,
I
Counc. M.
Vincent
, Anthony's
Cove Road
I
,
"Counc. Wayne
"right to
'~
strike"
.
Iil....
Councillor Pye voted "nay" to the above motion. Councillor Green was not present when question was
taken on the said motion.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority be granted
for the sal~ of the freehold interest of property at 216 Germain Street West to Clark, Drummie & Company, on
behalf of the Estate of Francis B. Murphy, as shown on the submitted plan, for the sum of $2,050.00.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority be granted
for the sale of the freehold interest of property at 108 Orange Street to Juanita Lakeman, as shown on the
submitted plan, for the sum of $2,650.00.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Land Corr@ittee advising that at its
meeting held on September 25th, the Committee discussed t4e problem arising from the closing and selling of
fire lanes, where adjoining owners who sign petitions for closing are not prepared to buy the lands after the
closing, and it was resolved that the Legal Department contact those owners who have improvements on City
property and ask them to remOve them; and advising that it was further resolved that a new policy be adopted
whereby those persons signing petitions in favour of a fire lane closing must pay a deposit equal to the
approximate amount of the purchase of the land, to ensure completion of the purchase, be received and filed.
and Council approve the said policy.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be granted
for the purchase of the leasehold interest in property at Third Loch Lomond Lake, from Mrs. Barbara A. Myles
for the sum of $46,500.00.
Question being taken, the motion was carried with Councillors Clark, MacCallum and Wayne voting
"nay".
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the Land Committee be authorized to offer for sale the
buildings existing on the above property.
Councillor A. Vincent asked that the Chief of Police arrange for the required protection of the
above properties, to guard against vandalism of the buildings.
On motion of Councillor M. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor M. Vincent with regard to the
heaV'J build-up of traffic during peak traffic hours which occurs on Crown Street from the Causeway intersection
when traffic proceeding easterly on Crown Street has to stop because of a red light before crossing Union
Street and proceeding further east on Crown Street, blocking off the right-hand turnoff for vehicles in line
on Crown Street wishing to turn right on the Causeway, and suggesting that an examination of this area by the
appropriate civic departments might result in improvements being made which would certainly not eliminate the
problem, but might help to ease the congestion, be referred to the City Manager for a report and recommendat~
ion.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor M. Vincent publicly thanking
Mr. MacKinnon and the Engineering and Works Department staff for their efforts to improve the section of
Westmorland Road from St. Joseph's Cemetery to Mark Drive, the results of which are not only attractive but a
great improvement to the many drivers who use this Road frequently, be received and filed.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the letter from Councillor M. Vincent regarding required
improvements to Anthony's Cove Road, advising that as staff have advised that this is a capital project and
requires a riprapping of the seashore adjacent to the Road, the proper build-up of the Road, or in other
words, a thorough and complete job, and as the City is in the process of dealing with budgets and some planning
for the future, he would recommend that the matter of improvement to Anthony's Cove Road be referred to the
City Manager for a report and recommendation on the steps to bring this Road up to a suitable level and
further that this matter, and the City Manager's report, be referred to capital budget for 1980 -- be received
and filed and the recommendation adopted~
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor Wayne advising of resolutions
adopted at a recent meeting of the Cities of New Brunswick Association regarding a committee to meet to study
changes in the Industrial Relations Act concerning municipal employees "right to strike", and a committee to
study ways and means in which the organization can meet more effectively the needs of its members; further
advising that it was agreed that one representative from each of the six Cities would be appointed to each of
the above committees; and recommending that the matter be referred to the Nominating Committee for the appoint-
ments to the two committees, with the names to be forwarded to Mayor McRae of Campbellton, President of the
Association, by November 15th -- be received and filed and the recommendation adopted.
Discussion ensued with regard to the committee proposed by the Cities of New Brunswick organization
regarding the right to strike of municipal employees, and with regard to whether the said organization should
become involved in this matter, which is now in the hands of the Provincial Government.
d.52
-----
"lIIl
'Counc. Wayne
'Cities of N.B. Assoc
re constitution for
Cities & Towns ~'
Associat ion
,
(motion lost)
\ policy reports
\
Counc. Murphy
,Michael J. Graham
'Joan Parfitt
re energy conser-
vation
, P. R. Ritcey
Greendale Subdiv.
'Gordon R. Boyd
Railway crossing
"at Chesley Drive
- Petition
, E. Harvey
'Bardsley Ave
'Malcolm Carpenter
Martinon Senior
Citizens Golden
....
, Age Club
'Martinon ~ommunity
Recreation Centre
'Chief of Police
!
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter.from Councillor Wayne submitting a draft
constitution for a Cities and Towns Association which was presented at a recent meeting of the Cities of
New Brunswick Association, and advising that at the meeting it was moved that the individual Councils of
the Cities study this draft constitution and report back to Mayor McRae, President of the Association,
their feelings on disbanding the Cities Association and forming one Association with the Towns and
Cities, be referred to the person to be appointed by the City to the committee of the Cities of New
Brunswick Association to study ways and means in which the organization can meet more effectively the
needs of its members, who in turn can convey the feelings of the Council members to the Association.
(Councillor Landers withdrew from the meeting)
Discussion ensued on the effectiveness of the Cities 'of New Brunswick Association.
Question being taken, the motion was lost, a tie vote having been created with Councillors
Clark, Green, Knibb, MacCallum, Pye and A. Vincent voting "nay":
.
I
Councillor Wayne stated that it is most important that the Association be advised of the City's
feelings in this regard, otherwise, the Towns and Cities organization will take place. She noted that
the Cities Association had asked that the Police Chiefs of the six cities report to the association on 1
the Police Act, and that Council had not asked Chief Ross to so report. Councillor A. Vincent suggested
that any directive to the Police Chief and other City staff should first be obtained from Council before
opinions are expressed on policy matters.
On motion of Councillor Wayne,
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table for two weeks
for comments from the Council members.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
~ESOLVED that any City staff who are asked for a report on matters
involving policy, be required to prepare such report for submission to Council through the City Manager
so that such reports will reflect the policy of the City and not-the individual staff members.
On motion of Councillor Murphy
Seconded by Councillor
Pye
RESOLVED that the letter from Councillor Murphy, submitting a letter
Armstrong Road requesting cleaning of open ditches on tqe said Road, be
a report and recommendation. J
from Mr. Michael J. Graham, 2259
referred to the City Manager for
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mrs. Joan Parfitt, 118 Orange
Street, asking what Council can do to .show leadership and an example 'for others regarding energy con-
servation, be referred to the City Manager who is working in conjunction withithec:Environment Committee
on the matter of energy conservation in City Hall.
Read a letter from Mr. P. R. Ritcey, on behalf of residents of Greendale Subdivision regarding
City property between Mollins Drive and McCavour Drive, asking that the said residents be informed what
action is being taken on this relatively small project.
lace.
Councillor Wayne stated she has been informed by Mr. Gabriel that this work is presently taking
.on motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the above letter be received and filed and Mr. Ritcey
e informed that work on said property is being undertaken at the present time.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Gordon R. Boyd, 25 Ocean
ourt, regarding the condition of the railway crossing on Chesley Drive, be referred to the City Manager
or discussion with the C.P.R. and the Irving interests with a view to having the matter corrected.
Councillor Murphy advised that the C.P.R. have alreaaY stated they are prepared to undertake
he required work if they obtain a work order from the Irving interests.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. E. Harvey, submitting a petition
rom residents of Bardsley Ayenue requesting additional ~treet lighting on the said street, be referred
o the City Manager for implementation if feasible.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Malcolm Carpenter on behalf of
he Martinon Senior Citizens Golden Age Club and the Martinon Community Recreation Centre with regard to
olice surveillance in the area, be referred to the City Manager for a report following discussion with
he Chief of Police.
.
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~
"...
~--i: ! -..:'
1'53
";:
'1
.
S.J. Senior
Citizen
Services Inc.
City Market
I
"S.J. Distrit
Labour
Council
Police Dept.
I
.
LEG A L
S E S S I 0
'" Demolition,
recovery of
costs
I
.
'Gordon M.
Archer
I
I
.,
Bond Issue
.....
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Saint John Senior Citizen Services
Inc. requesting the City's co-operation in providing free rent for the year 1980 for occupation of the second -
floorcofnthe Sa~nt John City Market building, be referred to the budget committee.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from the Saint John District_,Labour~Council
advising that the said Council wishes to know why the Common Council persists in trying to change the structure
of the Police bargaining unit and also requests that Council withdraw the present application to the Industrial
Relations Board for the reasons as outlined in the said letter, be received and filed.
Moved in amendment by Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that' the Saint John District Labour Council be thanked for their
input in the above matter.
Question being taken, the amendment to the motion was carried by a majority vote of the Council
members present.
Question being taken, the motion, as amended, was carried by a majority vote of the Council members
present.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that this meeting continue, in legal session.
(Councillor Landers was present during legal session. Councillor A. Vincent was absent).
Read a letter from the City Solicitor advising that the Saint John Building Act, 1925 provides that
the City can recover from the owners of the fee simple the cost of demolishing buildings located upon their
property and research has resulted in the opinion that in cases of mortgaged property the owner of the fee
simple is the first mortgagee which question obviously does not arise if the property is unencumbered. The
letter states that the Legal Department is preparing several actions presently and, accordingly, recommends
adoption of a resolution by Council to authorize the commencement of proceedings.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that, the following resolution be adopted, namely:-
"WHEREAS the City of Saint John has had the buildings located upon the six properties known as civic
number 11 Metcalf Street, 163-165-161-169 Prince Edward Street, 49-51-53 Metcalf Street, 66 Metcalf Street, 93-
95 Main Street, and 91-99 Main Street in the said City respectively, demolished pursuant to provisions of the
Saint John Building Act, 1925:
AND WHEREAS the owners of the fee simple in the properties in question have been directed in writing
to pay to the City the cost of the demolitions, of their respective properties and have not done so:
NOW THEREFORE BE IT RESOLVED that the City Solicitor's office be authorized to proceed with legal
action to recover the cost of demolition from the owners of the fee simple in the properties identified as
civic number 11 Metcalf Street, 163-165-161-169 Prince Edward Street, 49-51-53 Metcalf Street, 66 Metcalf
Street, 93-95 Main Street, and 91-99 Main Street, in the City of Saint Johh\<f~~~~ctively.".
"
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from Mr. Gordon M. Archer, proprietor of
Archer's Barber Shop regarding his previous request for compensation regarding the expropriation of property at
3 Bayside Drive, be laid on the table for one week pending a report from the City Solicitor.
On motion
The meeting adjourned.
~
At a Common Coucnil, held at the City Hall, in the City of Saint John, on Wednesday, the twenty-fourth
day of October, A.D. 1919, at 2.00 p.m.
present
Samuel Davis, Esquire, Mayor
.;Councillors Clark, Elliot, Gould, Green, Murphy, MacCallum, PYi:"
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager" R. Park" Commissioner of
Finance, and F. Rodgers, City Solicitor.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that tenders be opened for the purchase of the current issue
of City of Saint John debentures.
154
,
Wood Gundy Limited
. Bond Issue
..I! ~,
'S.J. Transit Comm.
Senior citizens
,identification car
Zoning By-Law
,re-zoning
- Robert H. Wisted
'10-12 Glenview Ave
re-zoning
conditions
, Zoning By-Law
The four tenders received were thereupon opened by
managers Wood Gundy Limited; Nesbitt Thomson Securities
Bell Gouinlock Ltd.
the Common Clerk, these being from:- syndicate
Limited; Walwyn Stodgell Cochran Murray Limited;
On motion of Councillor M. Vincent
Seconded'by Councillor Murphy
RESOLVED that the said tenders received be referred to the Com-
missioner of Finance for recommendation.
Mr. Park recommended acceptance of the highest of the four bids which meets the specifications,
namely, a bid of $95.860 and accrued interest per $100.00 debenture, from the syndicate manager of Wood
Gundy Limited.
On motion of Councillor Murphy
.
I
Seconded by Councillor Wayne
RESOLVED that the City of Saint John accept the offer dated October
24th, 1919 received from a syndicate of investment dealers and banks and managed by the firm of Wood
Gundy Limited, to purchase at the price of $95.860 and accrued interest per $100.00 principal amount of
debentures, the issue of $5,000,000 City of Saint John, New Brunswick debentures dated December 1, 1919
maturing serially ineamounts as stipulated in the City's call for tenders and are to be otherwise stipulated
therein, this tender being subject to the following stipulations: (1) the serialsdebentures will be non- I
callable and shall bear the certificate of the Comptroller of the Province of New Brunswick and (2) no
further debentures will be issued Or offered for sale by the City of Saint John within 60 days of the
tender closing, unless previous arrangements have been made with the syndicate manager; and that for the
pnpose of record the participating members of the syndicate'are:-',Wood Bundy Limited; Richardson Secur-
ities of Canada;, Canadian Imperial Bank of Commerce; Royal Bank' of Canada.
On motion
The meeting adjourned.
fJ~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
ninth day of October, A. D. 1919, at 1.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R~ Park; Commissioner of Finance, F. Rodgers, City Solicitor, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Winch, Deputy Com-
missioner of Community Planning, S. Lodhi, Chief of Technical and
Inspection Services, and Building Inspector, J. F. Ross, Chief of Police,
and J. Breen, Deputy Fire Chief
Councillor Landers offered a prayer which opened the meeting.
On motion of Councillor Gould
.
I
Seconded by Councillor Murphy
RESOLVED that minutes of the meetings of Common Council, held on .
October 22nd and 24th last, be confirmed.
In reply to a query of Councillor Murphy, Councillor Clark advised that an announcement from
the Transit Commission regarding the issuing of identification cards to senior citizens to allow reduced
transit fares, is expected to be made at the next Council meeting.
The Common Clerk advised that the necessary advertising was completed for the proposed amend-
ment to the Zoning By-Law to re-ZOne property at 10-12 Glenview Avenue (L.R.I.S. Number 301903) from "R-
2" One- and Two-Family Residential to a Business zone, to permit expansion of the existing grocery and
variety store to include a take-out restaurant on the first floor and living quarters on the second
floor, as requested by Mr. Robert 'H. Wisted, and that no written objections were received in this
regard. It was noted that no person was present to speak either against or in favour of the proposed
re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated October
25th, 1919, advising that after giving consideration to the various issues, the Committee recommends
that the said property be re-zoned from "R-2" to "B-2", subject to a resolution of Council pursuant to
Section 39 of the Community Planning Act providing for the following: (a) the use of the property shall
be restricted to a grocery/variety store, a take-out restaurant and dwelling; (b) that the take-out
restaurant and grocery/variety store not be open for business after 11:,00 p.m.; and (c) that prior to
the issuance of the building permit the applicant shall receive the approval of the Deputy Commissioner
of Community Planning to a plan indicating parking, access points, landscaping and other necessary
features.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law ,entitled, "A Law to Amend the Z,oning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property at 10-12 Glenview Avenue (L.R.I.S.
Number 301903) from "R-2" One- and Two-Family Residential to "B-2" General Business district, subject to
a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Plann~pg Advisory
Committee, be read a first time.
I
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V
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.....
,....
155
.
I
D. Hatfield
Ltd.
I
, Dangerous &
Unsigntly
Premises By-
Law
,
Wallace E.
Collett
.
By- Law Enforc
'- ment Officer
I,
Millidgeville
Sewage Treat
ment Plant
'A.D.l. Ltd.
,
.
(motion lost)
1
\ D .
anlel J.
Comeau
Old Black
\ River Road
I
Historic
Sites &
"-
Monument Bd.
,re Prince Wm.
St.
.
.....
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed re-zoning be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, approval be granted for
payment of the following invoice:-
D. Hatfield, Ltd. - Works Dept. (equipment rental)
October 1-15, 1919
$ 55,460.10
Regarding the costs paid by the City for equipment rental, the Deputy Mayor was advised that this
subject will be included in the report to be submitted by the consultants studying the Engineering and Works
Department operation.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising that the Danger-
ous and Unsightly Premises By-Law enacted by Council on September 24th, 1919 allows Council to appoint an
officer who, without being instructed by Council in each instance, would have the power to serve notice on a
property owner or occupier ordering him to remedy any dangerous, unsightly Or unhealthful condition on his
property, and further advising that on December 19th, 1911 Council appointed Mr. Wallace Edward Collett as By-
Law Enforcement Officer for the Dangerous or Unsightly Premises By-Law, giving authority to enter in upon
property for inspections and enforcement, and to lay informations, and Mr. Collett should now be appointed
under the new by-law to serve notices, be received and filed:
!li~D FURTHER that as recommended by the City Manager, Mr. Wallace Edward Collett be the officer
appointed by Council to serve notice under the Dangerous and Unsightly Premises By-Law.
Councillor Murphy suggested that Mr. Collett should report to Council on a monthly basis on notices
served under the above by-law, and the City Manager replied that this will be done. Councillor Landers noted
that Mr. Collett presently has several by-laws to administer, and was advised by Mr. McDermott that Mr. Collett
will have an assistant, which position was in the establishment recently approved by Council. Councillor M.
Vincent expressed the opinion that staff reports as suggested by Councillor Murphy should not come before
Council on a regular basis, and that only matters of a policy nature should be before Council.
Councillor A. Vincent voted "nay" to the above motion'.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager with respect to the
Millidgeville Sewage Treatment Plant, recommending that the Engineering Report and Re-evaluation Report along
with the schedule and construction of A.D.I. Ltd., be received and filed and the consultant be advised to
proceed with the design and construction of the project -- be received and filed and the recommendation adopted.
During discussion of the above'matter, Councillor A. Vincent stated he would like this item tabled
pending a further teach-in with the consultants, and that the matter should be pursued with the Provincial
Government to obtain additional funding from the Department of Health in view of the fact that this project is
being constructed partly because of the new Regional Hospital.
On motion of Councillor A.' Vincent
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table.
Question being taken, the tabling motion was lost with the Mayor and Councillors Clark, Elliot,
Gould, Landers, Murphy, Pye, M. Vincent and Wayne voting "nay".
Councillor Wayne stated she has some concern about the number of projects the City is becoming
involved in and she noted that staff was previously requested by Council to prepare a report on the effects of
such projects on the tax rate.
Que5tion being taken, the motion was carried with Councillor A. Vincent voting "nay'!.
Mr. Daniel J. Comeau was present at the meeting On behalf of residents of Old Black River Road and
spoke to Council on the need for additional street lighting, improved recreation facilities, additional street
signs, road improvements, and the matter of garbage being dumped in the area. Following his presentation, Mr.
Comeau withdrew from the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager advising that in order
that favourable consideration be given to the City's application for funding to restore and rehabilitate
individual buildings in the Prince William Street area, it is necessary for Council to pass the submitted
resolution which will allow the designation of Prince William Street by the Historic Sites and Monuments Board
at its spring meeting which will be held in May, be received and filed:
!li~D FURTHER that the following resolution be adopted, namely:-
"WHEREAS the Prince William Street area is considered by Heritage Canada to 'contain the best surviving
examples of 19th century commercial facades in all of Canada';
AND WHEREAS the Historic Sites and Monuments Board is empowered to designate those buildings it
considers appropriate as being of national significance;
1'5.6
~
Historic Sites &
, Monument Board
Prince William St
.... Tender accepted
- Strescon Limited
'Courtenay Bay
Causeway
'Gordon R. Boyd
C. P. R. track on
'Chesley Drive
, Ocean Steel
'Bank of Nova
Scotia
, Signing Officers
AND WHEREAS 80uncil considers those heritage buildings on Prince William Street between King
and Duke Streets as a group as being of national significance and considers their preservation imper-
ative to the retention of this City's historic character:
THEREFORE BE IT RESOLVED that Council apply to Historic Sites and Monuments Board for recog-
nition of Prince William Street as being of national significance.".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the contract
for the supply and installation of approximately 1600 feet of concrete median barriers for the Courtenay
Bay Causeway, be awarded to Strescon Limited in the amount of $23.00 per foot, taxes included.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the. City Manager with regard to the
request of Mr. Gordon R. Boyd for the upgrading of the railway spur line crossing on Chesley Drive at
Ocean Steel, advising that the Engineering and Works Department'has completed design work on this crossing
in order to ease the bump, and has had discussions with Ocean Steel and with C.P.R. with a view to
sharing in the cost of the work and that tentative agreement has'been reached with Ocean Steel to pay for
the cost of raising the track with the City to absorb the cost of regrading the street; further advising
that it is proposed that the work be included in the 1980 capital budget, the total estimated cost being
$25,000.00; and recommending that the work be considered for the. 1980 capital'budget -- be received and
filed and the recommendation adopted and Mr. Boyd be so advised.
Councillor A. Vincent voted "nay"'to the above motion.
On motion of Councillor Gould
A.
Seconded by Councillor MacCallum
RESOLVED
THAT the resolution dated December 11, 1918 relating to the operation of
for The City of Saint John with The Bank of Nova Scotia be and is hereby
bank accounts
rescinded.
~-
On motion of Councillor Gould
Seconded by Councillor MurphY
RESOLVED
B.l. THAT accounts in the name of The City of Saint John (herein cal+ed the City) and
bearing the'following names and numbers shall be kept at The Bank of Nova Scotia:
Current Account
Current Account - Water Department
Payroll Account
0053-12
0051-11
0001'-16
2. THAT ANY TWO OF THE
Commissioner of Finance
Deputy Commissioner. of Finance
Chief Accountant
be and are hereby authorized on behalf of The City:
(a) to borrow money from The Bank of Nova Scotia upon credit of the City on cheques,
promissory notes, bills of exchange Or otherwise in such amounts and subject to
such terms as may be considered advisable;
(b) to sign, make, draw, accept, endorse, execute and deliver on behalf of and in
the name of the City all such cheques, promissory notes, bills of exchange,
drafts, acceptances, orders for the payment of money, warehouse receipts, bills
of lading, agreements to give security, assignments, transfers, con~eyances,
hypothecs, mortgages, pledges, securities and other agreements, documents and
instruments as may be necessary or useful in connection with the borrowing of
money and other banking business of the City.
3. THAT anyone of:
Commissioner of Finance
Deputy Commissioner of Finance
Chief Accountant
be and is hereby authorized by the City:
(a) to negotiate with or transfer to The Bank of Nova Scotia for deposit or discount
with or collection by the Bank (but for the credit of the City's accounts only)
cheques, promissory notes, bills of exchange, drafts, orders for the payment of
money and other instruments, whether negotiable or not, purporting to be signed
or endorsed on behalf of the City by anyone of them or having the name of the
City impressed thereon by rubber stamp or other device without any signature;.
(b) to arrange, settle, balance and certify all books and accounts between the City
and the Bank and to receive all paid cheques and other vouchers, unpaid and
unaccepted bills of exchange and other negotiable instruments and to sign the
Bank's form of settlement of balances and release;
(c) to delegate any authority conferred on such person by sub-paragraphs (a) and
(b) of this paragraph to any other employee of the City, by notice in writing
filed with the Bank.
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157
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1
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...
Bank of
Nova Scoti
\. Bank of
Montreal
'Sigfli!1g
Officers
4. THAT all'agreements, documents and instruments signed, drawn, accepted, endorsed
or executed as aforesaid shall be valid and binding on the,City.
5. THAT the City shall furnish the Bank with a list of names of all persons authorized
by this Resolution to do any act or thing, together with specimens of their
signatures, and shall notify the Bank from time to time in writing of all changes
of such persons; and such list when received by the Bank shall be binding on the
City until written notice to the contrary shall have been given to the Bank and
receipt of such notice acknowledged by the Bank.
6. THAT this Resolution shall be communicated to the Bank and shall continue in force
as between the City and the Bank until written notice to the contrary shall have
been given to the Bank and receipt of such notice acknowledged by the Bank.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED
C.l. THAT notwithstanding resolution B-2 (c) The Bank of Nova Scotia is authorized
and directed to pay any and all cheques, promissory notes, bills of exchange or
otherwise against the said accounts which may be presented for, payment bearing
the facsimile signature impressed thereon by mechanical means to all intents and
purposes as though such signatures had been signed, by the said Officers in their
own handwriting and duly issued by them with the authority and on behalf of The
City of Saint John.
2. THAT in consideration of The Bank of Nova Scotia's paying or negotiating cheques,
promissory notes, bills of exchange or'otherwise issued on behalf of The City of
Saint John and bearing the mechanically imprinted facsimile signatures of the
Commissioner of Finance and the Chief Accountant, The City of Saint John will and
does hereby undertake to hold The Bank of Nova Scotia harmless from and indemnified
agains~ all loss, costs, damages and expenses arising out of the payment or, the,
negotiation of any cheque, promissory note, bill of exchange or otherwise on which
the facsimile signatures have been wrongfully impressed.
On motion of Councillor Murphy
1.
Seconded by Councillor Gould
RESOLVED
THAT the resolutions dated December 11, 1918 and January'2, 1919 concerning
signing officers for The City of Saint John Bank Accounts and securities with
the Bank of Montreal be and are hereby rescinded and the following resolutions be
adopted in their stead:-
2.
THAT all cheques of the Municipal Corporation of The City of Saint John (herein
called the "CITY") drawn on the following accounts:
7000 - 098
1000 - 186
1000 - 201
1000 - 215
1000 - 258
1000 - 4H
Sinking Fund
O'Connell Trust
Tucker Trust
Ross Memorial Trust
Stockford Memorial Trust
Saint John Horticultural Association
Trust
Airport Sale Fund
Recreation Development Fund
Building Depreciation Fund
Land Subdivision Trust
Equipment Replacement Fund
A Carle Smith Trust
Craft Centre Project
Saint John Parking Commission Trust
1000 - 631
1001 - 023
1001 - 066
1001 - 160
1030 - 000
1030 - 291
1030 - 924
5030 - 815
shall bear the signature of any two of the following officers:
Commissioner of Finance
Deputy Commissioner of Finance
Chief Accountant
3.
THAT notwithstanding resolution No.2 the Bank of Montreal is authorized and directed
to pay any and all cheques against the said accounts which may be presented for payment
bearing the facsimile signatures impressed thereon by mechanical means to all intents
and purposes as though such signatures had been signed by the said officers in their
own handwriting and duly issued by them with the authority and on behalf of The
City of Saint John.
4.
THAT in consideration of the Bank of Montreal's paying or negotiating cheques issued
on behalf of The City of Saint John and bearing the mechanically imprinted facsimile
signatures of the Commissioner o~ Finance and the Chief Accountant, The City of
Saint John will and does hereby undertake to hold the Bank of Montreal harmless
from and indemnified against all loss, costs, damages and expenses arising out of
the payment or the negotiation of any cheque on which the facsimile signatures have
been wrongfully impressed.
5. THAT the Commissioner of Finance or Chief Accountant of the City of Saint John be
and is hereby authorized for and on behalf of the City to negotiate with, deposit
with or transfer to the Bank of Montreal (but for credit of the said City's accounts
only) all or any bills of exchange, promissory notes, cheques or orders for payment
of money and other negotiable papers and for the said purposes to endorse the same
or any of them on behalf of the City either in writing or by rubber stamp.
6.
THAT the Commissioner of Finance or Chief Accountant is hereby authorized for and
on behalf of the said City from time to time to arrange, settle, balance and
certify all books and accounts between the said City and the Bank; and to receive
cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable
instruments and to sign the Bank's form of settlement of balance and release.
158
,.,
\ Bank of Montreal
\ A. Carle Smith
Trust
"Church Avenue
Overpass
, Councillor Murphy
'- Gravel pit
"Capital p~oleCts
'Manawagonish Road
'- San i tary Sewer
Johnson Const. Lt
'- Carleton Communit
Centre
.....Glenwood Const. Lt
~ Shamrock Park
Tennis Courts
--Warren Maritimes
Ltd.
1.
THAT any two of the following officers, namely,Co=issioner of Finance, Deputy
Commissioner of Finance or the Chief Accountant be and are herebyauthor{zed for
and on behalf of the said City to obtain delivery from the said Bank of all or any
stocks, bonds and other securities held by the said Bank in safekeeping or other-
wise for the accounts of the. City and to give valid and binding receipts therefor.
.
8. THAT this resolution be communicated to the said Bank and remain in force until
written notice to the contrary shall have been given to the Manager for the time
being at the Branch of the Bank at which the accounts of the said City are kept
and receipt of such notice duly acknowledged in writing.,
Councillor Landers noted that he had previously requested information on the various trust
accounts referred to in the above resolution. In reply,to a query of Councillor, Wayne , Mr. Park out-
lined the terms of the A. Carle Smith Trust and advised that the Recreation and Parks Department will
begin work tomorrow on the first steps in maintaining the, property as set out in the said Trust.
I
Read a joint report from the City Manager, Commissioner of Engineering and Works, and Project
Engineer, submitting information regarding the Church Avenue Grade Separation in reply to a request of
Councillor Murphy which was discussed at Council's meeting of October, 9th last, and in particular with
reference to: (1) list of utilies to be moved; (2) appraisals by the Land Committee; and (3) date for
public tenders. The report states that the latest estimate indicates that the total project would cost
approximately $1.5 million and the preparations of contract documents, i.e. drawings and specifications,
is in the final phase and it is expected to be completed in about four weeks.
I
Councillor Murphy read a prepared statement commenting'on the various points contained in the
above report regarding the proposed Church Avenue overpass. He stated that appraisals have been going on
throughout September and October on these properties and he feels that th~,City appraisers could c
complete that task in a few weeks. Regarding purchasing the propert~es beforetl1e project goes out to
tender, he stated that normal procedure iS,to expropriate properties and in.90days the City is free to
enter on the land, and the City already owns a large,portion of the required land. Regarding the date
for calling tenders, he feels this is only being used as a stalling tactic as the calling of tenders has
nothing to do with the acquisition of the land nor does it oblige the City to accept any tender or
create any obligation on the part of the City. He stated that he takes exception to the statement that
the acquisition of properties is a long and laborious procedure, and noted that there are only 5 properties
and about 1 other pieces of land required for this project - all that remains is to make an offer to the
owners and if such offer is accepted the property can be transferred. He expressed the view that once
an offer has been made the City should proceed at once to commence expropriation proceedings.
.
During discussion, Councillor Murphy agreed to supply the City Manager with a copy of his
objections to the above report. Councillor Gould stated that the matter of appraisals has just been
completed and the matter is before the Land Committee.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the above report be referred back to the'City Manager
for clarification.
I
Question being taken, the motion was carried with Councillor Clark voting "nay".
Considerable discussion ensued regarding the above project during which Councillor A. Vincent,
Chairman of the Land Committee, , stated his objection to having the matter of property acquisitions
discussed in public before negotiations have. been concluded by the Land Committee. Deputy Mayor Elliot
asked if this Council has ever gone on record by motion that the Church Avenue overpass is to be built
and capitalized. He stated that he would like to have the Common Clerk obtain this information. Councillor
Murphy stated that whether Or ,not the Council has ever gone on record as asked by the Deputy Mayor, the
project has been approved in principle.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the letters from the City Manager regarding perfor-
mance bonds for gravel pits located off Grandview Avenue and near Shaw's Lake, be added to the agenda.
.
Councillors MacCallum and Wayne voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by, the City Manager, authority be
granted for payment of the fOllowing construction progress certificates and approved invoices for
engineering and architectural services in' connection with the following named capital projects:-
I
1.
Manawagonish Road Sanitary Sewer
Johnson Construction Limited
Supply and install 1300 feet of 12-inch PVC
Original estimated value of contract
Total work done, Estimate Number,3
Retention
Payments previously approved
Sum recommended for payment, Final Release of Holdback
Progress Estimate Number 3, dated October 19, 1919
I
$ 39,180.00
36,322.00
Nil
35,232.34
$, 1,089.66
2.
Carleton Community Centre
Glenwood Construction Ltd.
Renovations
Original estimated value of contract
Total work done, Estimate,Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated October 25,
$ 33,012.00
33,504.00
1,345.44
29,141.96 .
Number, 5,
1919 $ 2,410.60
3.
Shamrock Park Tennis Courts
Warren Maritimes Limited
Surface treatment
Original estimated value of contract
$ lO,230.00
~
JIl"""
.". ;,-.~'~"-'.;::r ,..,:...,'joo-'.~' ~,~-~':'~....'"
159
Total work done, Estimate Number 3 9,988.00
Retention . Nil
"Capi tal Payments previously approved 9,688.36
. projects Sum recommended for payment, Final Release of Holdback
Progress Estimate Nunller 3, dated October 25, 1919 $ 299.64
Queen & ~ .+ 4. Queen and Victoria Squares
'\ Victoria Sq; Basic Design Associates
"Basic Design Architectural services
Associates Payments previously approved $ 5,600.00
Sum recommended for payment, Progress Estimate Number 2,
dated October 25, 1919 $ 1,601.25
1 "'C.B.D. Revita- 5. Central Business District Revitalization
lization Proctor & Redfern Limited
Proctor & Engineering services
, Redfern Ltd. Payments previously approved $ 51, 124.49
Sum recommended for payment, Progress Estimate Number 2,
dated October 25, 1919 $ 18,911. 40
"Church Avenue 6. Church Avenue Grade Separation
.1 Overpass Northrup, Hachey & Associates Ltd.
,Northrup, Engineering services
Hachey & Ass Payments previously approved $ 63,461. 82
Ltd. Sum recommended for payment, ,Progress Estimate Number 12,
dated October 25, 1919 $ 5,041. 62
On motion of Councillor Landers
, Gravel pit
.' Jos. A. Likel
Limited
1
. 'Gravel pit
Slattery Man_
, agement &
Realty (1978)
Ltd.
1
, Petition
Daniel J.
'"
Comeau
'Old Black
River Road
I
,composition
of Common
Council By~
Law
.
\.
Election of
Common
Council
By-Law
.....
Seconded by Councillor Murphy
RESOLVED that as recommended by the City Manager, approval be given by
Council to the performance bond in the amount of $3,000.00 for the guarantee of the rehabilitation of the
gravel pit operated by Joseph A. Likely Limited, located near Shaw's Lake off Golden Grove Road.
In reply to queries of Councillor Wayne, V~. Lodhi supplied the following information regarding the
above gravel pit: this is the same pit which was operating illegally previously and on which a stop work order
was issued, and'on which Council received a petition from area residents objecting to the opening of this pit;
regarding problems as a result of two pits operating in this area, this would depend on the amount of gravel
to be taken from the pits at a certin time and normally he does not foresee any problem, however, if there is
an extreme amount of gravel being hauled there could be some traffic problem; regarding any traffic problems
arising from such gravel pit operations, they co-operate with the traffic department should any problems arise
in this regard; to his knowledge, the objections of the area residents were with regard to the dust problem,
which in his opinion has been controlled because the developer has chipsealed the street, and the noise
problem' from the crusher installed at the pit, and in his opinion there is provision in the by-law which
dictates that the Building Inspector can specify the hours and method of controlling these problems. During
further discussion, Mr. Lodhi advised that this gravel pit meets all regulations under the by-law and Mr.
Rodgers expressed the opinion that if this application meets all requirements under the by-law the Council
does not have any legal right to deny issuing the permit. Councillor MacCallum noted that there were repeated
complaints made regarding the illegal operation of this gravel pit and he wants to know why legal action was
not taken promptly in this regard. As to why charges were never laid in this regard, Mr. Rodgers stated he
would advise Council in legal session. Mr. Lodhi stated that the developer has agreed to co-operate in
controlling the dust and noise problems regarding such gravel pit operation, which were the two main com-
plaints from the area residents.
Councillors MacCallum and Wayne voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, approval be given by
Council to the performance bond in the amount of $30,000.00 for the guarantee of the rehabilitation of the
gravel pit operated by Slattery Management & Realty (1918) Ltd., located'off Grandview Avenue, and known as
the Old Phinney property.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the matters raised at this Council meeting by Mr. Daniel
J. ,Comeau on behalf of residents of Old Black River Road, be referred to the' City Manager for action, within
the constraints of the departmental budgets, and that a report be submitted to Council on those matters which
cannot be rectified within the departmental budgets.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A By-Law Relating to the Composition
of the Common Council", be read a third time and enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Councillors Murphy, MacCallum, Pye, A. Vincent and
Wayne voting "nay".
The by-law entitled, "A By-Law Relating to the Composition of the Common Council" was read in its
entirety prior to adoption of the above resolution.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A By-Law Relating to the Election of
the Common Council", be read a third time and enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Councillors Murphy, MacCallum, A. Vincent, M.
Vincent and Wayne voting "nay".
The by-law entitled, "A By-Law Relating to the Election of the Common Council" was read in its
entirety prior to adoption of the above resolution.
160
"
,
By-Law re Salaries
for Common Council
\
Parking Meter By-Law
amendment
\
Traffic By-Law
amendment
\
Fire Department
Rules & Regulations
D is c i p line Code
On motion of Councillor Landers
Seconded by' Councillor M. Vincent
I1ESOLVED that the by-law entitled "A By-Law to Provide for
Salaries to the Members of the Common Council of the City of Saint John", be read a third time and
enacted and the Corporate Common Seal affixed thereto.
,. ..
'"> -~"';
"':...,.J...<"..r .J..f
Deputy Mayor Elliot stated that although he previously supported this by-law, he'has since re-
examined the figures, and being involved as Deputy Mayor, he now feels that the increase that would be
eligible for this position and that of Councillor, is much too high and he will oppose the above motion.
Councillor Clark stated he will continue. to oppose the proposed increases which he feels are excessive.
Question being taken, the motion was carried with Councillors Clark, Elliot, Murphy, Pye and
Wayne voting ",nay".
I
The by-law entitled, "A By-Law to Provide for Salaries to the Members of the Common Council of
the City of Saint John" was read in its entirety prior to adoption of the above resolution.
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Murphy
Seconded by,Councillor MacCallum
RESOLVED that the letter from the City Solicitor submitting a
proposed amendment to the Parking Meter By-Law with respect to portions of Union Street, as authorized
by Council on October 22nd last, be received and filed:
I
AJ'ID FURTHER that the by-law entitled, "A By-Law to Amend a By-Law, to Provide for the Reser-
vation of Certain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for
the Use or Occupation of the Same by Means of Mechanical Appliances", be read a second time.
Councillor Gould noted that the City presently has a plan before it to make Union Street one-
way and he would have hoped this change, and others proposed for the uptown area, could have been done .
at once, rather than doing one block at a time.
Councillor Gould voted "nay".to the above motion.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law to Provide for the Reser-
vp.tion Ol' Cel'tain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for
the Use or Occupation of the Same by Means of Mechanical Appliances".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law to
Provide for the Reservation of Certain Streets. or Portions, Thereof for Parkipg Purposes and to Charge and
Collect a Fee for the Use or Occupation of the Same, by Means of Mechanical Appliances", be read a third
time and enacted and the Corporate Common Seal affixed thereto.
1
Councillor Gould voted "nay" to the above motion.
The by-law entitled, "A By-Law to Amend'a By'-Law to Provide for the Reservation of Certain
Streets or Portions Thereof for Parking Purposes and to Charge and, Collect a Fee for the. Use or Occu-
pation of the Same by Means of Mechanical Appliances", was read in its entirety prior to adoption of the
above resolution.
On motion of Councillor Murphy
Seconded by Councillor M.. Vincent
RESOLVED that the letter from the City Solicitor submitting a
proposed amendment to the Traffic By-Law with respect to a portion of Union Street, as authorized by
Council on October 22nd last, and with respect to City Road and Meadow Street, as previously authorized
by Council, be received and filed:
.
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets
in the City of Saint John ,Made Under the Authority of the Motor Vehicle Act, 1913 and Amendments Thereto",
be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On
Streets, in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1913 and Amendments
Thereto".
I
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
Respecting Traffic On Streets in the City of Saint, John, Made Under the Authority of the Motor Vehicle
Act, 1913 and Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed
thereto.
The by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets in the City of 1---
Saint John Made Under the Authority of the Motor Vehicle Act, 1913 and Amendments Thereto", was read in
its entirety prior to adoption of the above resolution.
In reply to a query of Councillor M. Vincent, Mr. McDermott stated a reply is expected in two
weeks on how we can accomplish the elimination of third readings of by-laws in their entirety in open
session of Council.
On motion of Councillor Gould
Seconded by CouncIlor Murphy
RESOLVED that the letter from th~ City Solicitor advising that he ~
has examined the proposed changes to the 1914 edition of the Fire Department Rules and Regulations, which
had been referred to him for examination at a,recent meeting in Committee of the Whole, and it is his
opinion that the changes are in order from a,legal standpoint, be received and filed and the said changes,
as outlined in a letter from the City Manager, dated October 5th, 1919, be approved, and that the revised
Rules and Regulations and Discipline Code be adopted.
~
,....
lUH
.
\ Committee of
the Whole
I,
I
Nominating
Committee
"Fred B liz zard
Madeline :'
, Carter, Richa
Murphy, Heath
'Hills, Peter
'Bardsley
'Cherry Brook
Zoo
'Canada Summer
Games
.
1
re-zoning
Dept. of
"
Supply &
Services
,McAllister
Industrial
Park
'David M.
Looney &
Associates
.
re-zoning
~Kier M. Adams
77 Glen Rd
I
zoning
conditions
I
, LandCommi tte
,660 Sand Cove
Road
... Pine Avenue
re-alignment
.
Land Committe
, 84 Britain St
- Mr. V. Hayes
.....
Prior to adoption of the apove resolution, the,Deputy Fire Chief reported on discussions held with
Local 711 regarding the above changes to the Fire Department Rules and Regulations and advised that the Union
agreed with such changes. Mr. Rodgers stated there is no conflict between the Rules and Regulations and the
Union working agreement in this regard, however, where there is duplication, the provisions of the working
agreement would take precedence.
Read 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 begs to report that it sat on October 15th and 22nd, 1919, and your Committee begs to
submit the following recommendations, namely:-
1.
Heather
d
lE.
the
That as recommended by the Nominating Committee, Fred Blizzard, Madeline Carter, Richard Murphy,
Hills and Peter Bardsley be appointed to the Board of Directors of Cherry Brook Zoo.
That the amount of $5,000.00 be made available to the 1985 Canada Summer
Committee to meet committed and anticipated costs for the balance of the year.
Games Committee to enable
29th October, 1919,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 2 of the above report be adopted.
Councillor Pye voted "nay" to the above motion.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee with
respect to the re-zoning application of the Provincial Department of Supply and Services for property in
McAllister Industrial Park, and a subdivision application regarding the property -- be laid on the table
pending the public hearing to be held regarding the proposed re-zoning.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee regarding
the proposed exchange of land with David M. Lunney and Associates at Red Head, advising that after hearing the
representation from the applicant's solicitor and considering the matter in some detail, the Committee passed a
motion recommending to Common Council that the proposed exchange of lands be approved subject to the conditions
recommended by the City Manager in his report dated October 12th, 1919 -- be received and filed and the recommen~',.,
dation adopted.
During discussion Mr. Winch advised that the intent of the above motion is that the land to be deeded
to the City would vest in the City permanently without restriction.
Councillor MacCallum voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee with regard
to the application from Mr. Kier M. Adams for re-zoning of property at 11 Glen Road (L.R.I.S. Number 298695)
from "R-IB" One-Family Residential to liB-I" General Business district, advising that the Committee recommends
that the said property be re-zoned as requested, subject to a resolution of Common Council pursuant to Section
39 of the Community Planning Act restricting the use of the property as outlined in the said letter, be T
received and filed and authority be granted for the necessary advertising regarding the requested re-zoning.
Discussion ensued regarding the enforcement of conditions associated with re-zoning applications, and
it was noted that Council had previously requested a report in this regard. Mr. McDermott advised that such
report will be submitted to Council very shortly. Councillor Landers asked how many prosecutions the City has
undertaken in the last two years under the Zoning By-Law. Mr. Rodgers stated he is unable to do so, but he is
sure Council is aware of what is presently taking place with the present Zoning By-Law.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from the Land Committee, advising that at its
meeting held on October 25th the Committee was advised that the City's bid of $31,200.00 was accepted by the
Provincial Department of Supply and Services for property at 660 Sand Cove Road which is required for the Pine
Avenue re-alignment; further advising that ten percent of this amount has been paid by the City as required
under the terms of the notice of tender, and the remaining balance of $33,480.00 is required before the trans-
action is completed; and recommending that the sum of $33,480.00 representing the balance owing for the property
located at 660 Sand Cove Road, which is required by the City for the re-alignment of Pine Avenue be paid to the
Minister of Finance be withdrawn from the Council agenda.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be granted
for the purchase of the freehold interest of property located at 84 Britain Street from Mr. V. Hayes, free and
clear of all encumbrances for the sum of $8,200.00.
, 162
""llll
"Land Committee
'- '
Willis Green
'Lot 531 Brooks
"Historic Sites &
Events Committee
Commemorative
stamp
Bicentennial
'Historic Sites &
Events Committee
,1984 Bicentennial
Committee
insulat ion of
'City-owned"
'p.ui~ dings
'Church Avenue
Overpass
'Councillor Pye
'street light
'Westmorland Rd
R.R.A.P.
\
'The Rocca Group
"English double
decker bus
'S.J. Transit Comm.
" ,
Polly Cello Ltd
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter fram the Land Committee advising that Mr. .
Willis Green leases a vacant lot known as Lot 531 Brooks Ward from the City and on October 30th, 1918 Council,
War agreed to sell the freehold interest to Mr. Green for $2,000,00, however, the title has never been transferred
to Mr. Green because he has refused to pay the $2,000.00 agreed upon; further advising that the Provincial
Assessment Act provides that vacant land under lease. will be assessed to the lessor which in this case is
the City, however, since 1961 it has been assessed to Mr. Green who has paid the taxes amounting to
$580.23 and he believes that this amount should be deducted from the agreed price since it should have
been paid by the City; further, that the lease has been checked and there, is no provision for the lessee
to pay any taxes assessed against the land so the City should have been paying them since the Province
took over the assessment function, and Mr. Green has agreed to absorb part of the taxes and has offered I
$1,600.00 for the lot; and recommending that Common Council resolution of October 30th, 1918 be rescinded ---
and that Mr. Willis Green be sold the freehold interest in Lot 531, Brooks Ward for the sum of $1,600.00 --
be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the Historic Sites and Events
Committee, the postal authorities be requested to take the necessary action to have the 1985 bicentennial
of the City of Saint John formally recognized by a commemorative stamp.
I
Councillor Murphy asked if it would be possible to have a commemorative coin struck with respect
to the City's bicentennial. The Mayor stated he would investigate this suggestion.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the letter from the Historic Sites and Events Com-
mittee, recommending ,that the City authorize the Committee to act as the 1984 Bicentennial Committee for
the City or establish a separate 1984 Bicentennial Committee to work'with the Provincial committee in this
regard, be received and filed and the Historic Sites and Events Committee be advised that Council is
already taking appropriate action in this regard.
.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the City Manager and/or appropriate staff be re-
quested to prepare a report regarding the viability of insulating City-owned properties, such report to
contain the number of properties which should be insulated, the estimated cost of applying the necessary
insulation, as well as the estimated saving in fuel expenses.
It was noted that the committee appointed by Council regarding energy conservation has been
studying the matter of conservation in City-owned buildings.
1
Councillor Murphy proposed the following motion: "Whereas it is necessary to have an accurate
cost for construction of the Church Avenue overpass; And Whereas this can onlycbe~obtained~.byiinviting
tenders for construction of the project; And Whereas the calling of tenders does not bind the City in any
way to proceed with the project: Now Therefore Be it Resolved that on or before December 15th, 1919
tenders be called for construction of the Church Avenue overpass.". There was no seconder to the proposed
motion.
"-
On motion of Councillor A. Vincent
---- .
Seconded by Councillor MacCallum
RESOLVED that the above proposed motion be laid on the table for
one month until the proposed long-range capital budget programme is received by Council.
Question being taken, the tabling motion was carried.
.
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that the letter from Councillor Pye asking that the City
Manager be instructed to request the Power Commission to consider the feasibility of installing a light on
a utility pole presently situated between properties located at 568 and 510 Westmorland Road, be referred
to the City Manager for a report and recommendation.
On motion of Councillor Pye
1
Seconded by Councillor Murphy
RESOLVED that the City Manager be asked to request staff to con-
sider the advisability of including other areas of the City under the Residential Rehabilitation Assis-
tance Programme.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from The Rocca Group Limited advising that
the Merchants' Association of Chesley Place and the Rocca Group wish to make the English double decker bus
purchased by the said groups, available to nonprofit organizations as a convenience during those occasions
where otherwise these organizations would have to use automobile transportation, and as well, would like
to use the bus in the same manner as other organizations in the City who own and operate ~uses for the
transportation of individuals and groups from different parts within the City to Chesley Place; and
further advising that they would be more than pleased, where possible, to make the bus available to any
City department and, more particularly, the Tourism Department, for any civic function -- be referred to
the Saint John Transit Commission for a report and recommendation.
I
On motion of Councillor Murphy
.
Seconded by Councillor Gould
RESOLVED that the letter from Poly Cello Limited regard~ng an
agreement with the City regarding the expansion of the firm's Wentworth Street property, be referred to
the City Manager and the Planning Advisory Committee for a report and recommendation at the next meeting
of' Council.
~
"...
,.-,
,1S3 '
. Mrs. Mike
, Landers
Mrs. Laurie
,Robert s
'\ Camp P asco-
, bac
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from Mrs. Mike Landers and Mrs. Laurie Roberts
advising that a proposal has been made to the Honourable Harold Fanjoy, M.L.A. for Kings County, that the
Provincial Government return the control and administration of Camp Pascobac, a government-owned camp located
in King's County, to the Dr. William F. Roberts Hospital School, and asking Council's support for such a
proposal -- be received and filed and Council' recommend approval of the proposal to the Honourable Harold
Fanjoy.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, MacCallum, A.
'(motion lost Vincent and M. Vincent voting "nay".
I
I
, Criminology &
Corrections
Assoc.
re-zoning
.'Renaud Richard
"Richard Allen
,Grandview Ave.
'Counc. Elliot
1
,Maritime
Municipal
Training
, Development
Board
L~E GAL
S E S S I 0
"T. R. Titus
Bakery
.
flooding of
15 Pr. - Edward
St.
'- Land Commi t t e
,Rockland Rd
, North/South
Arterial
~I
I
223-225
Rockland Rd
.
....
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the above letter be received and filed.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the letter from the Saint John Chapter of the Crimin-
ology & Corrections Association, advising that in view of the events which have recently transpired and because
the location of a medium security installation in the area of Saint John should prove of greater benefit to
both staff and inmates with the proposed location, the Association urges the City to take steps to have the
proposed medium security institute constructed and operated' in the Saint John area, be received and filed.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the application from Messrs. Renaud Richard and Richard
Allen for re-zoning of property located on Grandview Avenue, be referred to the Planning Advisory Committee for
a report and recommendation, and authority be granted for the necessary advertising regarding the requested re-
zoning.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from Deputy Mayor Elliot noting that Council
has stated its desire to offer needed training programmes for City employees, and advising that he has been
informed that the Maritime Municipal Training Development Board, in addition to conducting courses at various
places within the Maritimes, is prepared for a fee to offer courses for employees of a particular municipality,
within that municipality, be received and filed and the City Manager be asked to investigate the possibilities
of offering courses here and report back to Council within one month.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that this meeting continue, in legal session.
(Councillor Wayne was presemt dDringelegal session)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from T. R. Titus Bakery regarding flooding of
their property at 15 Prince Edward Street, be received and filed and the City Solicitor be asked to expedite
the staff reports which have been requested by the City's insurers in this regard.
Councillor A. Vincent, Chairman of the Land Committee, reported to Council on the proposed land
assembly and highway extension in the Rockland Road area, and displayed maps showing the properties which would
be required in this regard.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the Land Committee be authorized to commence negotiations
for the purchase of properties in the Rockland Road area for highway extension.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the Land Committee be authorized to negotiate for the
purchase of any land in the Rockland Road area for land assembly as such lands become available.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor A., Vincent
Seconded by Councillor.Green
RESOLVED that the Mayor and the Chairman of the Land Committee arrange a
meeting in the very near future with the Premier, Provincial Minister of Highways, and local M.L.A. 's to try
and obtain financial assistance for the above prpjects.
Councillor A. Vincent advised that Mr. Ralph J. Stephen has offered to the City property situate at
223-225 Rockland Road, for the price of $65,000.00.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that an appraisal be made of the property at 223-225 Rockland
Road and that it be ascertained whether:^orcJDot:thcp1'opertycis located within the alignment of the proposed
highway extension in this area.
164
"
,
1 Mecklenburg St.
'Gravel pit
, Shaw's Lake
'S.J. Transit Comm.
Senior citizen
, identification
cards
, C.O.I.L.
'Point Lepreau
,transportation of
hazardous products
Read a joint report from the City Manager and the Acting Deputy Commissioner, Property
Management Branch, advising that title to property at 1 Mecklenburg Street will be in the City's name
soon and, if it can be put in good condition, a tenant has been found who would be prepared to rent the
building for a period of five years with an option to renew for a further five years and that the
proposed tenant is not in a position to make capital outlays but can capitalise such amounts into rent
and would want the City to (a) rehabilitate and redecorate the building to an acceptable, standard; (b)
install telephones, carpet, blinds and draperies, as needed; (c) provide off-street parking for 8 to 10
cars which can be partly on site, partly off-site; (d) move the tenant's' furnishings and equipment from
Hilyard Place to 1 Mecklenburg Street; (e) pay all utility costs associated with the operation for the
first with the tenant to be responsible for all escalations in subsequent years by way of rental increase;
and (f) the City to maintain and repair the building' The said report'recommends that the City:, (1)
repair the building immediately (to this end, negotiations with the Province have resulted in their
offering the City $25,000.00, being ten years accumulated repair at $2,500.00 per year which will be
used to off-set the cost of repairs which are presently being costed by contractors); (2) decorate,
install telephones, drapes and carpets to tenant's requirements; (3) agree to tenant's moving costs;
(4) arrange for part of the yard to be paved to accommodate 4 to' 5 cars On site and provide the remaining
parking on an off-site lot owned by the City; and (5) agree to a rental of $30,000.00 per year for the
first year, with the tenant to be responsible for escalation of operating costs above the first year.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that Council approve in principle the proposal regarding
property at 1 Mecklenburg Street, with costs'to be provided on the items to be undertaken by the City,
as outlined in the joint report from the City'Manager and Acting Deputy Commissioner, Property Management
Branch, dated October 26th, 1919.
On motion
The meeting adjourned.
~~
" Ommon Cl~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifth
day of November, A. D. 1919, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and Wayne'
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, J. C.
MacKinnon, COmmissio~er of Engineering and Works, M. Winch, Deputy
Commissioner of Community Planning, S. Lodhi, Chief of Technical and
Inspection Services, and Building Inspector, J. Gabriel, Deputy Com-
missioner of Works, C. E. Nicolle, Director of Recreation and ,Parks,
D. French, Director of Personnel, J. F. Ross, Chief of Police, J. Breen,
Deputy Fire Chief, and D. Buck, Deputy Commissioner of Housing and
Renewal Services
Councillor Murphy offered a prayer which opened the meeting.
.
I
1
.
I
On motion of Councillor Gould
Seconded by Councillor Murphy 4It
RESOLVED that minutes of the meeting of Common Council, held on
October 29th last, be confirmed.
Councillor Wayne stated that she received a telephone call on Saturday morning from a citizen
advising that the gravel pit at Shaw's Lake, for which a performance bond was approved at the last
Council meeting, was operating at 6.30 a.m. and that she had been informed by Mr. Lodhi that such
operation was not to commence until 8 a.m. She asked that the City Manager ,look into this matter and
see that the operators of this gravel pit comply with the regulations regarding 'its operation.
Councillor Clark, Chairman of the Saint John Transit Commission, reported that arrangements
have been made to have identification cards issued to senior citizens to qualify .for half-fare on
Transit buses, and that such, cards will be available from Tuesday, November 13th to Friday, November
23rd on the second floor of City Hall to senior citizens who supply suitable means of identification as
to age and place of residence. He advised that there will be a fee of $2.00 for such cards, and that
further details will be released by the Commission in the news media.
Councillor MacCallum inquired if the Transit Commission has considered the request referred
to it by Council from the Centers Offering Independent Lifestyles Inc. regarding alternate or parallel
transportation facilities for handicapped persons. Councillor Clark stated, that the request has been
discussed and that the costs are very high and the Commission has not reached that stage of development
yet.
Council~or M. Vin~ent refer!ed to a news report that a container of hazardous_material has
apparently been lost in transit from the City of Montreal to Point Lepreau, and he asked if the route
used by the vehicle transporting this' product penetrated any portion of the City streets, and if the
Police and Fire Departments had been notified that ,such material was being transported, and that it was
lost in transit. He expressed the view that when any hazardous products are being transported through
the City that the proper authorized should be notified in advance. During further discussion it was
noted that it has been reported in the news media that the material referred to by Councillor M.
Vincent has been missing for over five weeks. The Chief of Police stated that he will contact the
R.C.M.P. authorities tomorrow for some answers in this regard, and he noted that the Police Department
has no official knowledge of the matter. Councillor A. Vincent suggested that the Council should meet
1-
I
.
~
"...
- -~- _.~ .... .
.'- -...,.-,..--,......-...".
, .,
165
,AtomiccEnergy with representatives of the Atomic Energy Contro~~oa~d ~egarding this matter. The Mayor suggested that
Control Board more information should be obtained regarding the transporting of hazardous materials through the City.
.
I
, Capit;1l
"pr-~Jects
d 1.
'Gran view Ave
HeaLherway
'woodlawn Park
'Grove Const.
Ltd.
1
"Tender accept
Forest Hills
" Ball Park
storm sewer
"Master Enter-
prises Ltd.
'Tender accept
ed
."paul"S Truckin
& Demolition
,22 Millidge St
'- Allingham Cre
emergency
exit
1
.
1
I
,
Parking
~ Union Street
.
...
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate in connection with the following named capital
project:-
Grandview Avenue, Heatherway and Woodlawn Park
Grove Construction Limited
Current budget allotment
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for Payment, Progress Estimate Number
dated October 26, 1919, Final Holdback Release
$ 271,691.50
211,691.50
Nil
263,546.51
1,
$ 8,150.93
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that
Park storm sewer be awarded to the
d
Forest Hills Ball
of $29,400.25.
as recommended by the City Manager, the contract for
low tenderer, Master Enterprises Limited in the amount
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the City Manager recommending that the
tender of Paul's Trucking & Demolition Company Ltd., in the amount of $2,400.00, be accepted for demolition
of the building located at 22 Millidge Street, being the lowest tender received, be laid on the table and
considered in legal session.
Read a letter from the City Manager with regard to the emergency exit between Allingham Crescent
and Sand Cove Road, which matter has been before Council on several occasions recently, advising that with
respect to the original intention, the plan designates the right-of-way' as "Emergency Exit - Public" which
Mas included on the plan and constructed because of a C.M.H.C. requirement that cul-de-sacs exceeding a
certain length have an emergency exit provided so that if the regular access is blocked completely an emergency
vehicle can still gain access to the area; further advising that it was never designated as a public road and
does not meet the standards for public roads and because of the grade and the alignment it is estimated that
it would cost $25,000.00 to grade, pave and install drainage and guiderails so that normal vehicles could
negotiate the right-of-way safely on a regular basis; further advising that the request of Mr. Miles L.
Carpenter for additional barriers to access is reasonable, and a further guiderail should be installed across
the right-of-way at the Sand Cove Road entrance, and in the unlikely event of some catastrophe completely
blocking Danells Drive, the barriers could be removed or pushed aside by emergency equipment using this
access to the area; and recommending that Council stay with its decision of September 24th, 1919 that the
emergency exit continue to be blocked to regular use and be opened for use only if an emergency warrants its
use.
Councillor Murphy proposed a motion, which was not seconded, that the above matter be referred to
the City Manager for an opinion from our Legal Department whether or not the City can legally close this road
without advertising and following the regular procedure for closing of streets.
On motion of Councillor Landers
Seconded by Councillor Knibb
, RESOLVED that the above letter be received and filed and the recommen-
dation contained therein be adopted.
Councillor Wayne stated that after viewing the area she feels the barrier should be moved to the
head of Sand Cove Road rather than at its present location. In reply to a query of the Mayor if the City
owns the right-of-way, Mr. MacKinnon stated that he is not sure if the City owns it but certainly we can
block it off at both entrances, and that this is what is intended if the above recommendation is adopted by
Council. Councillor Murphy asked if the City can close off the roadway without advertising. Mr. Rodgers
stated that he feels it should be examined to determine if this is a roadway, which apparently it is not. Mr.
MacKinnon stated it is his personal understanding that this area was never a roadway - it is shown on a
subsequent plan as being designated as an emergency right-of-way, however it was never developed and is not a
public right-of-way, nor could it be used in most emergencies. Councillor Murphy suggested that in view of
the fact that City staff is not sure whether it is a road or not he feels we should have a legal opinion.
The Mayor suggested that it may be City property but it is not a road and was not designed as a road.
Councillor MacCallum stated he would agree with Councillor Murphy regarding the need for a legal opinion. The
Mayor stated that he feels Council should deal with the recommendation and then the legal opinion can be
forthcoming.
"nayll.
Question being taken, the motion was carried with Councillors MacCallum, Pye and Wayne voting
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that Council receive a legal oplnlon regarding the above
right-of-way, and then if necessary, the barriers can be removed and appropriate action taken.
Read a joint report from the City Manager, Commissioner of Engineering and Works, and Traffic
Engineer, advising that formerly, the portion of Union Street from Sydney and Waterloo Streets to Prince
Edward Street had 3 parking meters on the south side between the service station driveway and the easterly
end of the Golden Ball building and on the north side there was a bus stop near Waterloo Street with a
loading zone at the Levine building, consequently, the meters were removed during a construction phase of the
Irving building and the bus stop was relocated to Sydney Street at City Transit's request. The report
states that at this time, the former bus stop is signed as "No Parking" area in order to accommodate right
turns from Union to Waterloo Streets, ,the loading zone remains and the metered area has been temporarily
posted as a No Parking area in order to provide some regulation pending a decision regarding the feasibility
of re-installing the meters or prohibiting any parking on the south side as requested by the Irving interests,
and businesses located on the north side have objected to the removal of any parking. The report advises
that in this area, traffic volumes have increased by 183% since 1961 and the Traffic By-law already prohibits
166
"
, Parking
,Union Street
Minister of
\
Municipal Affairs
Community Services
" Contribution
Programme
Millidgeville
,Sewage Treatment
Plant
,-NIP
',CEO Revitalizat ion
Programme
<;hurch Avenue
Overpass
Forest Hills Park
,
Development
,Rockwood Park Golf
Course
The Flintkote Co
'of Canada Ltd
,D. Hatfield, Ltd.
,Grove Const. Ltd.
,Stephen Const. Co..
Ltd.
"-
asphalt tenders
Zoning By-Law
, amendment
,10-12 Glenview Ave
,Robert H. Wiste.d
re-zoning
conditions
parking on both sides of Union ,Street between Wentworth and Prince Edward Streets and ideally, the total
parking ban should be continued to Sydney and Waterloo Streets in order to properly accommodate this
increased traffic, however, business interests also require consideration, and as a compromise, it is
proposed that limited parking controlled by 30-minute meters be allowed on the north side of Union
Street between Prince Edward and Waterloo Streets and that parking be prohibited entirely on the south
side along the entire frontage of the Golden Ball building from Sydney Street easterly.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, regarding parking on Union Street between Sydney and
Carmarthen Streets, recommending that the submitted amendments to the Traffic By-law and Parking Meter
By-Law be referred to the Legal Department for processing, be received and filed and the recommendation
adopted.
Councillor Wayne referred to a concern expressed to her regarding the crosswalk at the inter-
section of Union and Wentworth Streets, which apparently is not being honoured by the vehicular traffic
in that area, and she asked that the City Manager have the traffic department look at this situation in
view of the problems arising at that corner. Councillor Landers stated that he spoke to the Mayor
regarding the above recommendation, and he asked that this matter be tabled so that he can speak with
the traffic engineer, as he does not feel these changes should have come about in this manner.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table until the
next meeting of Council.
Question being taken, the tabling motion was carried with Councillors Clark, Gould, Knibb, Pye
and Wayne voting "nay".
Read a letter from the City Manager advising that the City has been informed by the Minister
of Municipal Affairs that applications for financial assistance under the Community Services Contribution
Programme fOr the second programme year, January 1, 1980 to December ,31, 1980, must be submitted prior
to November 15, 1919. The letter advises that the total funds available for the programme in 1980
amount to $6,950,000. of which 50%, or $3,415,000. is available for, sewage, treatment projects and the
remaining 50% is available for other eligible capital expenditures, and submits applications for funds
for the following six programmes, namely: (1) Millidgeville Sewage Treatment Plan, sewage lift station,
forcemain, sanitary sewers and storm sewers; (2) Neighbourhood Improvement Programme, West Side; (3)
Central Business District Revitalization Programme; (4), Church Avenue Grade Separation; (5) Forest Hills
Park Development; and (6) Rockwood Park Golf Course expansion to 18 holes, park trails and fire protection
roads. With respect to the last five applications, the Province will advise the City of the 'eligibility
of these programmes for Community Services Contributions and it is up to, the City then to determine how
to allocate the programme funds calculated by the Unconditional Grant process amongst eligible programmes.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager recommending that
the Mayor and Common Clerk be authorized to submit the following applications for funds under the
Community Services Contribution Programme for the second prograrinne year, January 1, 1980 to December 31,
1980, namely:- (1) Millidgeville Sewage Treatment Plant, sewage lift station" forcemain, sanitary sewers
and storm sewers; (2) Neighbourhood Improvement Programme, West Side; (3) Central Business District
Revitalization programme; (4) Church Avenue Grade Separation; (5) Forest Hills Park Development; and (6)
Rockwood Park Golf Course expansion to 18 holes, park trails and fire protection roads -- be received
and filed and the recommendation adopted.
.
I
1
.
1
In reply to a query from Deputy Mayor Elliot regarding the reason for the marked increase in
funds from the above programme for 1980 as, opposed to 1919, Mr. Barfoot noted that the first-year programme
was not started until April or May of last year, and that the amount allocated for 1980 is proportionately .
comparable. Mr. Barfoot outlined details of the Community Services Contribution Programme and noted
that the projects listed are those for which no other SOurce of Provincial funding is available.
Councillor A. Vincent suggested that an additional project, namely, the road to the new Regional Hospital,
should have been included in the list. ,Mr. Barfoot replied that this project is being looked at as a
Provincial responsibility. During ensuing discussion, the Mayor noted that the City will receive
approximately 30% of the total Provincial funds under this Programme.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City MaEager, approval be
granted for payment of the following invoices:-
The Flintkote Company of Canada Limited - supply and application of
double chip seal
October 1-15, 1919
September 11-21, 1919
September 24-28, 1919
September 28-0ctober 12, 1919
asphalt October 15-31, 1919
D. Hatfield, Ltd. - equipment rental
Grove Construction Ltd. - gravel
- gravel
- gravel
Stephen Construction Company Limited -
$
$
$
$
$ 10,710.90
$136,314.13
34,605.10
5,151.83
12,202.18
5,904.59
In reply to a query of Councillor Landers, Mr. McDermott advised that tenders for the supply
of asphalt will be called in early or mid-December, and noted that the existing contract does not expire
until the end of November, and from then until next year very little asphalt is purchased by the City.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A,Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of,Saint John, by re-zoning property at 10-12 Glenview Avenue (L.R.I.S.
Number 301903) from "R-2" One- and Two-Family Residential to "B-2" General Business district, be read a
third time and enacted and the Corporate ' Common Seal, affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning be
1
I
.
~
"....
-.-. >.- .--, -". .-- .,-- ~~.~. '.-
i67
.
'Committee of
the Whole
I
I
\ Cities()f N.,B
.'Assoc.
, Counc. . ,Wayne
Industrial
, Relat ions
Act
\Counc. Elliot
on the following conditions: (a) the use of the pyoperty shall be restricted to a grocery/variety store, a
take-out restaurant and dwelling; (b) that the take-out restaurant and grocery/variety store not be open for
business after 11:00 p.m.; and (c) that prior to the issuance of the building permit the applicant shall
receive the approval of the Deputy Commissioner of Community Planning to a plan indicating parking, access
points, landscaping and other necessary features.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Read 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 begs to report that it sat on October 29th, 1919 when there were present Mayor Davis
and Councillors Clark, Elliot, Gould, Green, Landers, Murphy, MacCallum, Pye, A. Vincent, M. Vincent and
Wayne, and your Committee begs to submit the following recommendations, namely:-
1. That Councillor Wayne be appointed as the City's representative on the committee to be formed by the
Cities of New Brunswick Association to study changes in the Industrial Relations Act concerning municipal
employees' "right to strike" and the terms "emergency services" and "essential services",
2. That Deputy Mayor Elliot be appointed as the City's representative on the committee to be formeQ by
the Cities of New Brunswick Association to study ways and means in which the organization can meet more
effectively the needs of its member cities.
3. That as recommended by the City Manager, Council approve an increased budget for the Market Square
'Market Square development from $150,000.00 to $950,000.00, such increase to be cost-shared with the Federal and Provincial
McKelvey, Governments, and that Council ratify the disbursements already made to McKelvey, Macaulay, Machum and James F.
,Macaulay, Harris Ltd., and authorize the City Manager to approve legal fees and market consulting fees in addition to
Machum costs incurred by the developer.
James F. Harr s
'Ltd. 4. That as recommended by the City Manager, the Taxi By-Law be amended by deleting clause (9) of
Section 3, which reads as follows: "No person found guilty of a violation of Section 3(4)(a) of this by-law
Taxi By-Law will receive a taxi license or owner's license for a two-year period".
,
amendment
.
1
Right to
, Strike
.
I
,
Market Square
I
.
'Taxi By-Law
re issuance
of licenses
......
5th November, 1919,
Saint John, N. B.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that section 1 of the above report be adopted.
Councillor A. Vincent stated he is opposed to the proposed committee being established as the
Premier will be appointing a committee to study the whole matter of "right to strike", and' he does not feel
the City should become involved in a committee which he feels is dedicated to takeaway the rights of labour
in this regard, unless something better than strikes can be found. During ensuing discussion, Councillor
Wayne noted that she will report back to Council following each meeting of the proposed committee and all
recommendations will be submitted to Council for approval by the City.
Question being taken"the motion was carried with Councillors Landers, Pye and A. Vincent voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that section 3 of the above report be adopted.
Councillor Landers asked if there are assurances that' if the developer does not proceed with the
Market Square project, that the City will be reimbursed by the partnership. Mr. McDermott replied that to his
knowledge there was no upper limit placed on the amount that would be cost-shared on this project. Councillor
A. Vincent asked if staff has discussed with the developer of this project a matter he brought before Committee
of the Whole, and he further asked if we are near conclusion in determining the total cost of this project.
Councillor M. Vincent, Chairman of the City Centre Development Committee, summarized the proceedings to date
regarding negotiations for this project, and noted that two weeks ago the developer issued a press release
stating that in six weeks they would advise the City as to whether or not they could establish the project in
the monetary allotment which has been developed by the three levels of government. He stated that the Minister
of State for D.R.E.E. has already advised publicly that the Federal Government's position was that they would
look favourably towards making additional Federal funds available should the developer's costs come in at a
higher price due to escalation and'the time frame involved.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that section 4 of the above report be adopted.
Councillor Wayne asked if the above recommendation means that a person with a criminal record will
be, or will not be, able to obtain a taxi license. Councillor Landers stated his understanding is that
regarding a person with a criminal record the discretion for'issuance of a license will be with the Chief of
Police, and if it is denied, the person can appeal to Council and that this will give the Chief or the Council
the right to issue such person a taxi license, if it is felt there is justifiable reason to do so. Councillor
Wayne expressed the view that a person with" a criminal record should not be issued a taxi license.
Councillor Wayne voted "nay" to the above motion.
168
"
,
On motion of Councillor Murphy
Taxi By-Law Amendment
\
Land Committee
148 Sydney Street
\
,
Historic Sites &
Events Committee
\Canadian Flag
\
Counc. M. Vincent
S.J. Transit Comm:3~
're -extensloTIc:ef.;....
service :toc'eastern
areJls
Seconded by Councillor Green.
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint
John", be read a first time.
.
Read a, first time the by-law entitled, "A By-Law to Amend a ByLaw Respecting the Regulating
and Licensing of Owners and Operators of Taxicabs in The City of Saint John.
Councillor Wayne voted "nay" to the above motion.
On motion of Councillor Murphy'
I
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A By-Law to Amend a By-
Law Respecting the Regulating and Licensing of Owners and Operators'of Taxicabs in The City of Saint
John", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulating
and Licensing of Owners and Operators of Taxicabs in The City of Saint John".
(Councillor Gould re_entered the meeting)
I
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that'the letter from the Land Committee recommending
that the City purchase the property located at 148 Sydney Street for the sum of $20,000.00, such
property to be used to provide parking and other amenities for the former Board of 'Health property at
the corner of Mecklenbur~ and Sydney Streets, be received and filed and the recommendation adopted.
Council10r MacCallum stated that in view of certain decisions which have not as yet been
made by Council he feels the above recommendation is premature.
.
On motion of Councillor MacCallum
Seconded by Councillor Clark
RESOLVED that the above matter be referred to Committee of the
Whole.
Question being taken, the motion was carried with the Mayor and Councillors Gould, Green,
Landers and A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the Historic Sites and Events
Committee advising that the Committee has become aware that only a few businesses and relatively fewer
families in the City of Saint John have the Canadian Flag available for display or use on historic,
festive and other appropriate occasions, and recommends that Common Council urge businesses and
citizens to become more aware of the desirability of displaying Canadian Flags on historic, festive,
and other appropriate occasions and to this end request the. Board of Trade to ask its members to
acquire such flags, request the Local Council of Women, and the Saint John District Labour Council to
urge their members to promote acquisition of the Canada Flags and request the Home and School Associations
to urge their members to have Canadian Flags available for display -- be received and filed and the
recommendation adopted.
I
Read a letter from Councillor M. Vincent advising that after having referred, the matter of
extension of bus service in the eastern area of the City to the Chairman of the Transit Commission,
and after having been advised by a report from the Commission that while it'would be costly to an
already 'large transit deficit, the Commission is recommending that the service to the eastern portion
of the City be provided as requested. The letter notes that Councillor Clark, Chairman of the Com-
mission, advises that it will be necessary to incur deficits in order to build up the trans'it service
to an, effective operating level and the Commission realizes Champlain Heights, Lakewood, and other
eastern areas are expanding residential communities and that population increases are greatest in
these areas and seems to speak in support of the request for extension of services, and advises that
so that this matter may be handled in open session he will move that Council support the extension of
transit services to the eastern portion of the City as per the Transit-Commission's recommendation.
.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that Council approve the extension of transit services
in the eastern section of the City' as outlined in a report from the Saint John Transit Commission,
dated September 18th, 1919.
I
~
Councillor Landers asked Councillor Clark, Chairman of the Transit Commission, what the
estimated deficit of operating this bus service past the airport will be each year. Councillor Clark
stated that the recommendation refers to Baxter's Corner, but it is within the City 'limits, and the
deficit is about $118,000.00. CouncillOr Landers asked' for the amount of the projected loss for I
transit service for next year, not including this proposed extension. Councillor Clark replied that
this information has been filed with the Budget Officer and has not been considered by Council and he
does not think it is usual to have this information brought forward at this. time. Councillor Landers
felt that it is important the Council be aware of the projected deficit in considering the above
resolution. Councillor Clark noted that the,approximate figures'were supplied to Council in Committee
of the Whole recently, but they have not been examined by Council'as yet. Councillor A. Vincent
stated.that he opposed the recommendation for extension of services in Committee of the Whole, and he
will continue to. oppose it in open session, due to the high cost, and the fact that we will be putting
someone out of business - he would rather subsidize. the company presently operating in this area. The
Mayor stated he does not see any harm in Councillor Landers being given an approximate answer to a
budgetary figure. During further discussion, Councillor M. Vincent stated that it is well known to .
Council that the estimated deficit for transit services is approximately $800,000.00, and he noted
that he brought this matter before Council at this time as it was originally referred to the Commission
from an open session of Council. In reply to a query, Mr. L. Ecker, Manager of Saint John Transit,
~
,...
__...-:.r.~,_._~~__.;.-:" ''f'''- '.-....~.;;;r....-.~-.;
169
.
S.J. Transit
Comm.
extension of
service
I
..'
I
.
1
Loch Lomond
\ Bus Line
, D'Anjou
Transport
.
I
,
U.N.B.S.J.
Municipal
'- Management
Course
I
Union, Local
'- 771
S. J. Firefight-
ers' Assoc
Rul es &
Regulations
. 'Fire Dept.
.....
stated,that he did not have the budget figures wi~hhim,at this time, and he noted that he reports solely to
the Commission and can only answer questions at the direct request of the Commission, and'he cannot divulge
information on the anticipated deficit unless directed by the Commission. The Mayor stated that as he recalls,
the exact deficit is $941,000.00 for next year of which $118,000.00 for the proposed extension would be
added, making a total deficit of $1,059,000.00. ,Councillor Green expressed the opinion that if you want to
encourage people to use the transit system, you must start to expand into the outlying areas of the City, and
he supports the extension of services to Champlain Heights and Lakewood, and in addition, he feels there
should be a small service to the Lorneville and Belmont areas as well. Councillor Wayne stated that the only
reason she and Councillor Clark recommended to the Transit Commission that this matter come to Council - the
need was already established and the Commission knew the need existed and should be expanded - was to inform
Council that the Commission would be over-budgeted by $118,000.00 due to this expansion. She further noted
that all members of the Commission concurred that the service should be expanded in this area of the City now.
Councillor Murphy stated that as this is a growing area of the City he feels the residents are entitled to the
service and he will support the recommendation. Councillor MacCallum expressed his agreement with transit
services being extended to the outlying areas., Councillor Knibb stated he is in favour of the expansion, but
would ask the Commission to look very carefully at all routes in the City. Deputy Mayor Elliot stated he will
continue to oppose the recommendation as he does not feel the taxpayers should be taxed for a service to
Baxter's Corner and he had previously suggested that before Council votes on the Commission's recommendation
that arrangements should be made so that those people who had been receiving a service, would be guaranteed a
service. He recalled that one of the directives given to the Commission was that they look at all existing
routes, and new routes, and Council would act on the matter as a block. Councillor Clark noted that the
Commission was set up as an autonomous body with budgetary Control in the hands of the City. He stated that
other areas of the City are being looked at and the Commission feels that the transit service in the City has
been upgraded to a certain extent since it was taken over by the City ~ ridership and revenues are increasing,
however, costs are also increasing. Regarding the proposed expansion, which will mean employment for approx-
imately three additional men, the costs of expanding the service to the,Lakewood area would be in the vicinity
of $82,000.00, however, to supply the service to the City limits would mean an additional expenditure of
approximately $36,000.00, which is the area presently being serviced. Councillor A. Vincent noted that
Council" in Committee of the Whole, by a majority vote voted against this expansion, and asked that the
Commission meet with the owner of the small bus line presently operating in this area, and that maybe a
subsidy of that company might be the cheapest solution. He stated that he does not think that the City can
afford this extension in this time of restraint. Councillor Gould asked if the Commission gave consideration
to subsidizing the present operator of the bus line in this area. Councillor Clark gave negative reply,
stating that this ,was not the request received from Council, and maybe one of the reasons it was not consid-
ered was that the present service is so inadequate. He noted that by letter to Council in Committee of the
Whole the City Solicitor recommended that the Commission meet with the operator of the Loch Lomond Bus Line,
however, this 'could not be done as Council did not express its wish to expand the service to include this
area. Councillor Gould stated he could support an' extension of transit services to the Lakewood area and he
further stated he feels that the expansion of services should be presented to Council during budget presenta-
tions. Councillor Clark noted that this is what the Commission intends to do, however, this recommendation
was as the result of a specific request from Council. '
Question being taken, the motion was carried with Councillors Elliot, Gould, Landers and A. Vincent
voting llnayn.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that a letter be forwarded to the operator of the Loch Lomond
Bus Line thanking him for his service over the past years;
(Councillor Landers withdrew from the meeting)
Councillor Pye stated he would ask that Councillor A. Vincent amend his motion in that we endeavour
to place Mr. McGrath, if he so desires, in'a job with our transit company.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from D'Anjou Transport regarding a water
problem on their property located on Fairville Boulevard, be referred to the City Manager for a report and
recommendation.
Councillor Murphy elaborated on the, problem being experienced by D'Anjou Transport, as related in
the above letter. Councillor Wayne suggested that such matters are supposed to be controlled under the Clean
Environment Act and the City has no authority in this regard. She stated that a further meeting between City
staff and Provincial authorities regarding stream alterations Or diversions of a water course, which is really
a problem in this Cit~, will be held in the very near future.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from Mr. M. Gary Davis, Chairman, Division of
Administration, University of New Brunswick, Saint John, regarding a resolution adopted by Common Council on
October 29th last with respect to the possible hiring of an organization from outside the City to put on
courses for City employees, advising that they would be happy to participate in,the planning and implementa-
tion of any management COUrses for the city and in fact are developing a course in Municipality Management,
and hope to have the City's cooperation when it becomes a reality, be referred to the City Manager.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Saint John Fire Fighters' Association,
Local Union No. 111, regarding statements made to Common Council by Deputy Fire Chief Breen regarding changes
in the Rules and Regulations of the Fire Department, advising that the membership did not at any time agree
upon all the proposed changes to the Rules and Regulations as there were several areas in which the members of
the Union attempted to have some input but to no avail so therefore they could not endorse the changes as
such, and further advising that they are certainly going to adhere to the new rules but also do not agree, with
them as presently written as allegedly stated by the Deputy Chief and they want the records to show same, be
received and filed.
Councillor Wayne stated that she and Councillor Gould, liaison members with the Fire Department,
have had a request to set up a labour-management meeting, which will be done in the very near future, at which
time this matter will be considered. Councillor Gould stated that when he asked the Deputy Chief at the last
meeting, he recalls that there was not total agreement, and he believes this is what Council was told by the
Deputy Chief at the time.
170
"
\
James Fennell
re Rules &
Regulations
Fire Dept.
\ William S. Rice
Reversing Falls
\ Tourist Bureau
Lawson Motors
\ (1978) Ltd.
\ Works Dept.
rent for parking
facilities
Liquor::' license
, L' l'
lquor lcense
L_E GAL
SESSION
~ Prop: 22 Millidge
Street
, Land Committee
'Prop: 148 Sydney St
It was noted that Mr. James Fennell, President of the Saint John Fire Fighters' Association,
Local Union No. 111, was present at the meeting.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that Mr. Fennell be heard regarding the above matter.
Councillor Knibb voted "nay" to the above motion.
Mr. Fennell advised that the Fire Fighters's Union is prepared to settle their differences at
the labour~management level - the only reason for the above letter is because the statement in the news
media were made as a result of a public Council meeting. He further advised that the Union is not here
to find fault with the Deputy, Chief - the Union is not in agreement with the rules and regulations and
never were, however, they will adhere to them.. Councillor Wayne asked that the Personnel Director arrange
a labour-management meeting as soon as possible.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. William S. Rice, 65 Morley
Crescent, regarding the Reversing Falls tourist bureau, be received and filed and Mr'. Rice be advised
that Irving Pulp and Paper Ltd. is installing expensive pollution equipment to be completed by September
1981, which will eliminate approximately 95% of the' odour in this area, as referred to by Mr. Rice.
Councillor Wayne asked that the City Manager ascertain the reason the flood lights in the
Fallsview Park 'area were never turned on this past summer. During discussion of the above letter from Mr.
Rice, the Deputy Mayor suggested that the area could be enhanced by a model showing the movement of the
Reversing Falls.
On motion of Councillor Murphy'
Seconded by Councillor Elliot'
RESOLVED that the letter from Lawson Motors (1918) Ltd. advising
that for some time now the Works Department ana employees have used and parked their vehicles on a piece
of property next to the Works garage on Rothesay Avenue, which property is owned by the said company, and
requesting that the City give consideration to a monthly rental of this property for its use and that
consideration be given for compensation for its use over the past number of years, be referred to the
City Manager for a report and recommendation.
On motion of Councillor Wayne.
Seconded by Councillor MacCallum
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board advising that the Board will hear the application of Chesley Place Limited for a beverage rOom
license for premises located at the corner of Chesley Drive and Main Street, and that the hearing will be
held at the hearing room in the Board's premises on the second floor at Prospect Place, 191 Prospect
Street, Fredericton, N. B. at 2.00 o'clock p.m. On October 26th next, be received and filed.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board advising that the Board will hear the application of Chesley Place Limited for a dining room
license for premises located at the corner of Chesley Drive and Main Street, and,that the hearing will be
held at the hearing room in the Board's premises on the second floor at Prospect Place, 191 Prospect
Street, Fredericton, N. B. at 2.00 o'clock p.m. on October 26th next, be received and filed.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that this meeting continue, in legal session.
(Councillors Gould, A. Vincent and M. Vincent withdrew prior to legal session)
Consideration was given to letter from the City Manager regarding tenders for demolition of the
building located at 22 Millidge Street, which had been referred to legal session earlier in the meeting.
Councillor Green, a member of the Land Committee, advised that this property will be required for the
proposed development in the Rockland Road area. Discussion ensued as to the affect the demolition would
have on the eventual purchase of the property by the City.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the above matter be referred to the Legal Department
for a report.
Consideration was given to the recommendation of the Land Committee that the City purchase
property at 148 Sydney Street to be used to provide parking and other amenities for the former Board of
Health property at the corner of Mecklenburg and Sydney Streets; which matter had been tabled earlier in
the meeting.
Councillor MacCallum stated he feels the purchase of this property is premature as he recalls
at the last Committee of the Whole session, Council discussed the possible lease of the former Board of
Health building to C.M.H.C. but asked that costs be obtained on the required improvements and renovations
to the building. It was pointed out that Council approved,the proposal to lease the property in principle
and that the City Manager is obtaining.costs for the required improvements.
On motion of Councillor Knibb
.
I
I
.
1
.
I
1
,Seconded by Councillor Green .
. RESOLVED that the recommendation of the Land Committee regarding
the purchase of property at 148 Sydney Street be ,considered in,ope~ session at the next Council meeting.'
~
JI"""
""
.. .\:~. .~- ',-. '. "" ~ .',
171
"Hugh McLellan
.
S. J. Tugboat
" Co. Ltd
J. Fred
\ Williamson Ltd
,Robertson Sq.
I
" Harbourview
Subdivision
I.
Kenneth G.
" Trainor
.
" Gravel pit
" Shaw's Lake
~~
Fund-Dy Bay
Holdings Ltd
I
.
1
,
1
.
stairway from
Elm St. to
Main St.
"Santa Claus
Parade
......
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from ~~. Hugh H. McLellan, solicitor for
Saint John Tugboat Co. Ltd. and J. Fred Williamson Ltd. regarding the fence at Robertson Square, be laid on
the table pending a report from the City Manager as to the length of time such fence has been located on
this property.
Councillor MacCallum inquired as to the present status of an action instituted in the Supreme
Court, Queen's Bench Division, by property owners in the HarbourviewSubdivision against the City of Saint
John and others.
Mr. Rodgers reported that the said action has been discontinued, and at the time of discontinuance
the said property owners stated that another action would be instituted, however this ,has not been done.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Councillor MacCallum regarding the
above matter be received and filed.
On motion of Councillor Pye
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor regarding the amount
of insurance paid following the death of Kenneth G. Trainor, advising that in view of the facts as noted in
his letter and as a result of a review of the documentation, it is his opinion that it would be an illegal
payment of funds to recognize the claim of Mrs. Trainor in this regard, and further advising that if Mrs.
Trainor brought an action against the City and was successful, then such payment by the City would not be
illegal, and the Council and the individual Council members would then be in a position to justify the
claim and would not have to be concerned with financial liability exposure, be laid on the table until the
next meeting of Council,
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor with respect to a
question raised at Council's October 29th meeting as to why the operator of a gravel pit at Shaw's Lake was
not prosecuted concerning a recent complaint, advising that when the matter came to the attention of the
Legal Department it was determined that at that time there was insufficient evidence and the By-Law Enforce-
ment Officer was asked to do further investigation in order to prosecute, and indicated that the necessary
evidence was not available, and as a result, prosecution did not take place; further advising that as a
result of this investigation the Inspectors did gather sufficient evidence in a subsequent case in which
the successful prosecution did take place against Fun-Dy Bay Holdings Limited; and further advising that as
the submitted correspondence regarding the gravel pit at Shaw's Lake is of an inter-departmental nature to
the Legal Department he did not believe it appropriate to reveal this information at a public Council
meeting at the time the question was raised -- be received and filed.
Councillor Wayne suggested that the zoning requirements for gravel pits should be looked at
again, in view of the fact that some areas where gravel pits are located have now become residential areas.
On motion
The meeting adjourned.
~(f'
Common Clerk
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the nineteenth
day' of November, A. D. 1919, at 1.00 0' clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, C. E. Nicolle, Director of
Recreation and Parks, J. F. Ross, Chief of Police, and S. Lodhi,
Chief of Technical and Inspection Services, and Building Inspector
Reverend Dr. D. S. Calkin of Waterloo Street Baptist Church offered a prayer which opened the
meeting.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
November 5th last, be confirmed.
In reply to a query of Deputy Mayor Elliot regarding the project for construction of concrete
stairs leading from Elm Street to Main Street, the City Manager agreed to ascertain what steps can be taken
to have this work completed as quickly as possible. Councillor Landers noted that the liquor outlet on Main
Street is to be completely remodelled, and he suggested that the City should contact the Liquor Commission to
suggest that this outlet be relocated to another area in the North End due to the increased traffic problems
in the area.
The Mayor read a letter written to Council from the Chief of Police regarding the recent Santa
172
.,
Santa Claus Parade
re-zoning
McAllister Industria
, Park - Whitebone
Way
'Dept of Supply &
Services
\Whi tebone Way
extension
'Tender accepted
'Paul's Trucking &
Demolition Co. Ltd
"138 Winslow St
'Petition
'Daniel Comeau
'Old Black River Rd
\
Claus Parade, in which the Chief praises the Parade Committee and all others who were responsible to
have made the Parade this year the most successful Parade yet from the point of view of the traffic
control. Councillor Knibb felt that the Chief of Police also should be thanked because there were more
police officers evident during the said Parade this year.
.
The Common Clerk advised that the necessary advertising was completed for the proposed
amendment to the Zqning By-Law to re-zone a parcel of land containing 2 acres, located in the McAllister
Industrial Park at the southern extremity of lfuitebone Way, from "RF"'Rural to "I-4" Heavy IndU:strial
Park classification to permit continued development of land in McAllister Industrial Park' for industrial
purposes, as requested by the Provincial Department of Supply and Services, and that no written objec-
tj,ons'.,were;:,recEdvediintthis~regard. ~It'"was noted that no person was present to speak either against or
in favour of the proposed re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated October
25th, 1919, advising that the Committee is prepared to recommend that the proposed lot in question be
given temporary access by a right-of-way across an adjacent parcel of land, and recommends that Council
assent to the vesting of the Whitebone Way extension subject ,to the developer and the City entering
into an agreement whereby the developer agrees to build the Whitebone Way extension to the satisfaction
of the City at such time as Phase 2 of the McAllister Industrial Park is implemented, and that the lot
in question be r.e-zoned from "RF" Rural to "I-4" Heavy Industrial Park.
I
On motion of Councillor Murphy
~~~I
By-
of
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
the Zoning Map of the City of Saint John, by re-zoning a parcel of land containing 2 acres, located in
the McAllister Industrial Park at the southern extremity of Whitebone Way, from "RF" Rural to "I-4"
Heavy Industrial Park classification, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
.
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City .of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning a parcel of land containing 2 acres, located in
the McAllister Industrial Park at the southern extremity of Whitebone Way, from "RF" Rural to "I-4"
Heavy Industrial Park classification, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of ,the City of
Saint John and Amendments Thereto".
R~garding the subdvision agreement to be entered into regarding the property in question, the
Common Clerk stated that such agreement will be prepared prior to third reading of the above re-zoning.
I
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that as recommended by the Planning Advisory Committee,
Council assent to the vesting of the Whitebone Way extension'subject to the developer and the City
entering into an agreement whereby the developer agrees to build the Whitebone Way extension to the
satisfaction of the City at such time as Phase 2 of the McAllister Industrial Park is implemented.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of
Paul's Trucking & Demolition Company Ltd., in the amount of $2,400.00, be accepted for demolition of
the building located at 138 Winslow Street, being the lowest tender, received that meets specifications.
.
Councillor Green stated he has been advised by 'the owner of the above property that a demo-
lition permit was taken out approximately October 1st and that the contractor, Keel Construction, had
not proceeded with demolition, and that the said owner has now reported to the Building Inspector that
arrangements have been made with another contractor, Mr. Ackroyed, to have this property boarded up
with demolition to be proceeded with in the next few days, when all necessary documentation at City
Hall has been finalized. Councillor Murphy proposed a motion, which was seconded by Councillor Pye and
later withdrawn, that the matter be tabled for one week. Councillor Landers questioned the liability
of the City if anyone is injured or killed as a result of such Council action. Mr. Lodhi gave a verbal
history of the efforts to have this building demolished. He noted that the owner has stated that he is
willing to demolish the building, however, it is his opinion that the owner has been given ample
opportunity to carry out demolition. He noted ,that such property was declared dangerous and dilapidated
by Common Council. Regarding the matter of liability if demolition is not carried out by the City, Mr.
Rodgers expressed the opinion that the procedure for demolition should be followed in this regard.
1
Question being taken, the motion was carried with Councillors Clark, Green, Pye and A. Vincent
voting "nay".
On motion of Councillor Murphy
I
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager with regard
to the petition presented to Council on October 29th by Mr. Daniel Comeau of Old Black River Road
requesting improvements in street lighting, signs, road resurfacing, etc., stating that the main
complaint of the petitioners was with respect to street lighting, and advising that Old Black River
Road has the standard level of street lighting for this particular density of houses and traffic
conditions, namely, a light on every fourth pole, however, an inspection carried out immediately after
the petition was heard by Council revealed that of the eighteen existing street lights five were completely
broken, five had broken shades and lights, and eight had broken shades - in other words, every single
light on the street had been damaged ~nd this damage had occurred since Civic Hydro last repaired the
lights completely in the spring - crews will be repairing and replacing all these lights once mOre in
the next short while and also installing one additional light just beyond the store on Old Black River
Road; and further advising that the missing signs at the intersection of Cottage Road will be .installed
also, and action has already been taken to maintain the road surface -- be received and filed and a
copy be forwarded to Mr. Comeau.
.
~
".
173
.' E. Harvey
street lightC
, ing
\ Bards ley Ave
"(motion lost)
,Fire lanes
I
I
.
'Parking
"Union Street
Christmas
'- tree lots
Rental fee
1
Capital
.' : proJects
, Watermain
, Que-Mar Con st.
Ltd.
1 , Mill idgevi lle 2.
Sewerage
Treatment
Plant
'A.D.r. Ltd.
1 .... Watennain - 3.
'- Rodney St
"Gerald J.
Ryan Co. Ltd.
'Storm Sewers:
, 'Mar lin Court, 4.
. ,'Bell Manor Dr.
. Dominion Park
,Woodhaven Dr
" Que-Mar Const.
Ltd.
a....:....
On motion of Councillor Murphy,
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the re~uest
of Mr. E. Harvey for one additional street light at the lower end of Bardsley Avenue, be reconsidered by the
City Manager.
Councillor Murphy stated that he does not understand how a fire lane, which belong to the City, can
be called private property, especially if the City plows the area. In reply to a query, Mr. Rodgers stated it
is his opinion fire lanes fall more,in the category of private than public, considering that the adjoining
property owners have an interest in the fire lane, as opposed to interest that property owners have in public
roads.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Gould, Knibb,
Landers, MacCallum, A. Vincent, M. Vincent and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager with regard to the request
of Mr. E. Harvey for one additional street light at the lower end of Bardsley Avenue, which request was referred
to the City Manager for implementation if possible, advising that the request has been investigated and it has
been determined that the four street lights which already have been installed on the 100 ft. length of the
street provide coverage which is better than the normal standard and there is already one light for instance at
the lower end of Bardsley Avenue, however, there are several lanes on either side of Bardsley Avenue which are
regarded as private but which the City plows in winter as far as possible; further advising that the area to
which Mr. Harvey refers is known as "Bardsley Avenue Fire Lane", about 15 feet wide, with several houses on it,
however, it is not a public street and it is the City's policy only to install street lights on public streets,
and recommending that Mr. Harvey be advised that street lights are not installed in private lanes -- be received
and filed and the recommendation adopted.
Question being taken, the motion was carried with Councillors Green, Murphy and Pye voting "nay".
The Mayor stated that the letter from the City Manager regarding parking on Union Street between
Sydney and Carmarthen Streets, which had been tabled at the last Council meeting, is being withdrawn from the
agenda. The City Manager stated that this item is to be given' further consideration.
Read a letter from the City Manager advising that on January 24th, 1919 Council, as a result of a
suggestion from Councillor Landers that the fee of $15.00 per permit for Christmas tree lots should be reviewed
because it costs far more than $15.00 to clean up these lots in the spring, resolved that the City Manager look
at, this matter and'bring in a recommended fee before the next Christmas tree season, and further correspondence
was received at that time from an Extension Forester of the New Brunswick Forest Service suggesting that the
City charge fees similar to shopping centres, $250.00 to $500.00,'and also require that only registered growers
or dealers obtain licenses. The letter notes that the present rental fee of $15.00 covers the period from the
beginning of the second week of December until Christmas time and has been set at $15.00 for eight or nine
years, and past experience has been there are no major clean-up problems and that most of the vendors are
regular tenants and rent the same spaces year after year, however, the fee is unrealistically low and it is
suggested that it be increased to $50.00, but it is not recommended that any requirement for a membership in
the Growers Association or similar organization be also implemented.
On motion of Councillor Murphy
rental fee be set at $50.00 per lot.,
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the Christmas tree lot
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificates and approved invoices in connection with the
following named capital projects:-
1.
Lining l2-inch Watermain with P.E. Pipe
Que-Mar Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated November 5,
$ 13,008.00
68,861.98
10,330.20
54,332.00
Number 3,
1919 $ 4,205.18
Millidgeville Wastewater Treatment Plant
A. D. r. Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 30,
dated September 30, 1919
$ 102,615.19
$ 1, 301.19
Rodney Street Watermain Renewal
Gerald J. Ryan Company Limited
Supply and install 440 feet of 12-inch D.I. watermain, etc.
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated November 9,
Marlin Court, Bell Manor Drive, Dominion Park,
Woodhaven Drive Storm Sewers
Que-Mar Construction Limited
Supply and install 950 feet of storm sewer
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
~ ditted NoveIl)ber 6,
, '.'
$ 30,200.00
30,199.16
Nil
29,293.19
Number 3,
1919 $ 905.91
$ 44,916.00
44,211.86
1,326.36
31,580.08
Number 3,
1919 $ 5,305.42
174
"
,Storm Sewer Const.: 5.
,Fairville Blvd.
'Molson Ave.
'Mountain Rd
'Industrial Dr.
'Que-Mar Const Ltd
.
Storm Sewer
,Woodward Ave
'Que-Mar Const Ltd
'Queen Square
'Victoria Square
,Maritime Sod Ltd
,Church Ave Overpass 8.
~
, Northrup, Haolsey &
Associates Ltd
,Lord Beaverbrook
Rink Parking Lot
,Metro Const. (1978)
Ltd.
,
Concrete Work 1979
\Maritime Formless
Ltd.
'Kanes Corner
'Metro Const.
,
Betty Sleep
"Noise By-Law
Fairville Boulevard, Molson Avenue, Mountain Road,
Industrial Drive Storm Sewer Construction
Que-Mar Construction Limited
Supply and install 940 feet of concrete sewer pipe
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously
Sum recommended for
$ 16,000.00
15,245.18
2,251.31
, 63,958.91
$ 8,029.50
approved
payment, Progress Estimate
dated November 5;
Number 3,
1919
6.
Woodward Avenue Storm Sewer
Que-Mar Construction Limited
Supply and install 2400 feet of 60-inch
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously
Sum recommended for
Number' 3,
1919
392,213.00
322,413.23
48,310.98
163,470.70
$ 110,631.55
and 42-inch concrete pipe
$
approved
payment, Progress Estimate
dated November 9,
1.
Queen and Victoria Squares
Maritime Sod Limited
Site development
Original estimated value of contract
Total work done, Estimate Number'l
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated November 8, 1919
$ 45,638.54
$ 101,648.00
53,692.40
8,053.86
Nil
Church Avenue Grade Separation
Northrup, Hachey & Associates Ltd.
Engineering services
Payments previously approved
Sum recommended,for payment, Progress Estimate Number 13,.
dated November 15, 1979
$ 68,503.44
$ 5,556.18
9.
Lord Beaverbrook Rink Parking Lot
Metro Construction (1918) Ltd.
Construction of parking lot
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments , previously approved
Sum'recommended for payment, Progress Estimate Number 3,
dated November 1, 1919
$ 116,602.04
116,602.04
3,498.06
99,111. 13
$ 13,992.25
10.
Concrete Work 1979
Maritime Formless Ltd.
Concrete curb and sidewalk
Current budget allotment
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 5,
dated November 12, 1919
$ 84,413.38
$ 265,392.42
265,392.42
39,808.86
141,110.18
11.
Kanes Corner
Metro Construction
Reconstruction
Original estimated value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated November 15, 1919
$ 33,802.16
:1; 209,190.20
39,161.95
5,965.19
Nil
With respect to the reconstruction work being undertaken at Kanes Corner, Mr. MacKinnon reported
that hopefully this project will be completed by the end of next week, and that some of the traffic lanes
will be open for use in the next few days. He advised that there were some difficulties encountered in
this project, as noted by Councillor M. Vincent, and as a result some changes have been made in the
contract.
Councillor Green referred to concrete work being undertaken on King Street and Market Place by
Maritime Formless, and he asked if there is provision that the contractor would make allowance for
pedestrian access to businesses and residences in the area during such construction work. Mr. MacKinnon
replied that reasonable care is taken to provide access - the contractor and the City attempt to provide
access, however, there has to be a period of time where it is difficult to provide such access. Mr.
McDermott suggested it may be possible to advise persons in advance of such difficulties.
(Councillor Gould withdrew from the meeting)
Read a letter from the City Manager regarding the request of Mrs. Betty Sleep that Council
consider the enactment of a Noise By-Law, advising that Saint John has no specific by-law covering this
area although the 1944 Nickelodeon By-law controls the use of loud speakers, etc. in public places and
the Criminal Code, Section 111, deals with disturbing the peace and quiet of the occupants of dwelling
houses; and Provincially, the Motor Vehicle Act deals with noise from motor vehicles and the Clean
Environment Act defines "contaminant" to include sounds and vibrations that endanger the health or
comfort of persons and the normal enjoyment of life and property, and with this definition, noise in
general could be controlled by Provincial regulation but the Legal Department advises that the City also
has authority under the Municipalities Act to enact a by-law to control excessive noise. The letter
states that Moncton has such a by-law relating to the prevention of excessive noise, a copy of which is
submitted, and recommends that Council enact a Noise By-Law and that a draft of such by-law be.' submitted
within three weeks.
.
I
I
.
I
.
I
I
.
.....
"'"
'175
On motion of Councillor Murphy
.
Seconded by Councillor Elliot
RESOLVED that the abov~ lettev ~e VeCeived,and filed and the recommendation
I
(mot ion
, lost) Councillor Knibb spoke against the proposed Noise By-Law and expressed the view that in Saint John,
,Noise By-Law which is an industrial ,city, we have to put up with a certain amount of noise - we have enough by-laws which
are meaningless and if we do have specific problems, they can be looked after under existing legislation.
Councillor Clark suggested that the by-lay in force in the City of Moncton, as submitted by the City Manager,
does not provide the protection requested by Mrs. Sleep, in that City employees and vehicles are exempt from
the regulations, which is a necessary factor. Councillor MacCallum expressed his agreement with the views of
Councillor Knibb. Councillor M. Vincent stated he is concerned about how such a by-law would be enforced and
who would enforce it, and how it would be applied as it relates to unnecessary noise. Mr. McDermott that the
matter of implementation and enforcement would be covered when the draft by-law is prepared. Councillor Murphy
suggested that if such a by-law is enacted, the City would require equipment to measure the degree of noise.
Councillor Wayne suggested that there is already a law to cover operation of gravel pits early in the morning,
and if it is enforced this problem would be eliminated. Councillor Landers suggested that more work should be
done during the night to avoid traffic problems such as that being experienced at Kanes Corner, and to pass
such a by-law is a waste of time. Councillor Green noted that Saint John has an industrial base and the City
must be careful of this type of by-law being enforced. Councillor Elliot noted that the by-law only deals with
unnecessary noise and not the type of noise being referred to by Council members. Councillor Pye stated he is
in favour of such a by-law being enacted in the City.
contained therein be adopted.
I
Question being taken, the motion was defeated with a majority of the Council members present voting
"nay".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above letter from the City Manager be received and
filed.
.
On motion of Councillor Murphy
Street
, lighting
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard to the request
considered at Council's October 29th meeting for the installation of a street light between 568-510 Westmorland
Road, advising that on further checking it was determined that the area in quest'ion was adjacent to 600 West-
morland Road and this area has been checked and one street light will be moved and a new street light installed
in order to correct a lighting deficiency at this point, be received and filed.
" Westmorland
Road
(Counc~llor Gould re-entered the meeting)
On motion of Councillor Murphy
1
"-D.R.E.E.
Seconded by Councillor Wayne
RESOLVED that as recommended by ~he City Manager, authority be granted
for payment of the following invoices in connection with the following project that was undertaken under'the
Department of Regional Economic Expansion programme:-
'Bayside 1. Bayside Drive Reconstruction and Extension
Drive (a) Payments for property surveys
Murdoch-Lingley Limited
'-Murdock- Payments previously approved $ 32,601.23
Lingl ey Ltd Sum recommended for payment, Progress Estimate Number 34,
dated September 30, 1919 $ 619.00
" Power (b) The Power Commission of the City of Saint John
Commission Relocating substation
Payments previously approved Nil
. Sum recommended for payment, Progress Estimate Number 1,
dated October 19, 1919 $ 94,161.02
(c) The Power Commission of the City of Saint John
Utility relocation
Payments previously approved $ 266,111. 91
Sum recommended for payment, Progress Estimate Number 11,
dated October 24, 1919 $ 98,531.10
I
'-Dept. of
Transpor-
tation
(d) Province of New Brunswick
Department of Transportation
Engineering services and materials
Payments previously approved
Sum recommended for payment, Progress Estimate Number 11,
dated November 14, 1919
$ 410,108.81
$ 13,104.11
I
Read a letter from the City Manager, submitting a report prepared by the City's consultants, Proctor
and Redfern Ltd., entitled "Central Business District, Saint John - A Plan for Revitalization", which report
was reviewed at a teach-in with Council and staff on August 21th, 1919 and as a result of this teach-in and
further review the con?ultant is carrying out additional work on some facets of the report.
On motion of Councillor MurphY
..
Proctor &
Redfern Ltd.
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager the report prepared by
the City's consultants, Proctor and Redfern Ltd., entitled "Central Business District, Saint John - A Plan for
Revitalization", be tabled for public information and input.
report re
C.B.D.
On motion of Councillor Murphy
.
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, approval be granted for
payment of the following invoices:-
...
176
"
"Chitticks (1962) Ltd Chitticks (1962) Ltd. - gravel October 16-31, 1919
,D. Hatfield, Ltd. D. Hatfield, Ltd. - W~rks Dept. (equipment rental) October 16-31, 1919
- Water Dept. (equipment rental) October 16-31,1919
Stephen Const. Co. Stephen Construction Company Limited - asphalt November 1-15, 1919
\ Ltd.
$ 5,221. 02
$ 46,181.95
$ 6,118.81
$ 43,656.31
.
On motion of Councillor Elliot
'Seconded by Councillor Murphy
" Citycowned b.. ; RESOLVED that the letter from the City Manager regarding energy
ulldlng conservation, recommending that the City engage Mr. Gerald Peer, consulting mechanical engineer, to review
, Gerald Peer energy consumption in major City bQildings and make recommendations on energy conservation retrofitting,
be received and filed and the recommendation adopted:
energy conservation
AND FURTHER that the City Manager be requested to submit a recommendation to Council on the
matter of a replacement on the Energy Conservation Committee to fill the vacancy caused by the retirement
,Energy Conservation of Mr. Harold Ellis.
Committee
I
" Taxi-By~Law
amendment
" All ingham Cres.
emergency exit
'- Moose Mountain
Farms
re- zoning
Loch Lomond Road
re-zoning
conditions
\
Watertower Road
"Dept. of Commerce &
Development
Municipal Plan
Amendment
Zoning By-Law
Amendment
re Integrated
Development Zones
'Land Committee
"Prop: 148
Sydney Street
'Land Committee
,Mr. & Mrs. Robert
Jeffries
sewer easement
Loch Lomond Rd
. During discussion of the above letter, the Ciiy Manager stated that after approaching Mr. Peer
in this regard he will advise Council of the cost involved in so engaging Mr. Peer. He further reported
that negotiations are presently taking place with Revenue Properties, owner of the City Hall building,
regarding cost-sharing of new drapes for the building. Discussion ensued between Councillor M. Vincent and
Messrs. Barfoot and Nicolle on the energy consumption for the City arenas, as listed in the letter from
the City Manager, and in particular with reference to the Lancaster arena.
I
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John", be
read a third time and enacted and the Corporate Common Seal affixed thereto.
Councillor Wayne voted "nay" to the above motion.
The by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulating and Licensing of .
Owners and Operators of Taxicabs in The City of Saint John", was read in its entirety prior to adoption of
the above resolution.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor regarding the
matter of an emergency exit from Sand Cove Road to Allingham Crescent, advising that the subdivision plan
for Allingham Crescent received assent from Common Council on July 15th, 1914 and on that plan the area in
question is clearly marked "Emergency Exit (Public)" and in view of the fact that Council wishes to erect
barriers', and having regard to the fact that the defini tiori of "highway" in the Municipalities Act is
broad enough in his opinion to cover the pUblic emergency exit referred to on the plan, he is recommending
that if Council wishes to close this emergency exit and erect barriers, the, procedure under the Act be
followed, that is, Council authorize the necessary advertising and following a public hearing, a by-law be
enacted -- be received and filed and authority be granted for the necessary advertising in this regard.
I
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application from Moose Mountain Farms for re-zoning and an amendment to the Municipal Plan
By-Law respecting property located on the south side of Loch Lomond Road, east of the Hickey Road, recom~
mending that the said property comprising 2.5 acres be re-designated in the Municipal Plan from Low
Density Residential to District Centre Commercial and re-zoned from "RS-2" One- and Two-Family Residential
to "B-2" General Business district, subject'to an agreement pursuant to Section 39 of the Community
Planning Act setting out details of the development -- be received and filed and authority be granted for
the necessary advertising in this regard.
.
(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council assent to the subdivision plan with respect to the extension of Watertower Road, as requested
by the Provincial Department of Commerce and Development.
On motion of Councillor Elliot
1
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee,
advising that the Committee considered a report from the Planning Branch recommending certain amendments
to the Municipal Plan and Zoning By-Laws pertaining to Integrated Development Zones, and the Committee
feels that these changes are desirable and recommends that following advertising the proposed amendments
be approved, with the form and wording of the actual amendments to be 'subject to the approval of the City
Solicitor be received and filed and authority be granted for the necessary advertising in this regard.
I
-.,,- .-
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property located at 148 Sydney Street for the sum of $20,000.00, which property
is required to provide parking and other amenities for the former Board of Health property at the COrner
of Mecklenburg and Sydney Streets.
Councillors MacCallum and Wayne voted "nay" to the above motion.
Read a letter from the Land Committee with respect to the City's inability to reach a negotiated .
settlement for the acquisition of a twenty-foot sewer easement over property located on the Loch Lomond
Road, owned by Mr. and Mrs. Robert Jeffries.
~
,....
177
.
'Land Committ
" Expropriatio
/'"
--
Sewer
\ easement
I
, Historic
Sites &
Events
Committee
open-air
geological,
, municipal
museum
City Mgnager
I
On motion of Councillor A. Vincent
Seconded by Councillor Murphy,
, RESOLVED that as recommended by the Land Committee, the City Solicitor be
authorized to commence expropriation proceedings to acquire a sewer easement in the lands identified as Parcel B
on Sewer Easement Plan, Crescent Avenue, City of Saint John - St. John Co.,'N. B., dated the 15th day of June,
A.D. 1916 and prepared by Murdoch-Lingley Limited for the purpose of laying, constructing, reconstructing,
replacing, renewing, repairing, maintaining and operating a pipeline for the removal of sewage:
AND FURTHER that the Mayor and'Common Clerk be authorized to execute all docUillentatiop required in the
expropriation proceedings.
Councillor MacCallum voted "nay" to the above motion.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from the Historic Sites and Events Committee
advising that Council has previously accepted the concept of the development of an open-air geological, municipal
museum located at King Square and as Saint John is the birthplace of municipal government in Canada, the Com-
mittee feels that revival of the development would be an appropriate means of identification of the important
municipalities of Canada for the Bicentennial in 1984 of Municipal Governments, be referred to the City Manager
for a report.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that in view of the fact that funeral processions making use of
" funeral the harbour bridge tend to relieve congestion on City streets and the danger in intersections, that the Saint
processions John Harbour Bridge Authority be asked to waive the tolls for funeral processions making use of the bridge.
.
S . J. Harbour
, Bridge Auth-
ority
'(motion lost)
'Counc. Wayne
'Grave 1 pit
at Shaw's
" Lake
Mrs. R. J.
\, Brideau
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Green, Knibb,
Pye and A. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor Wayne submitting a letter
received from Mrs. R. J. Brideau regarding the operation of the Shaw's Lake gravel pit, and advising that she
received a call that this company is operating this pit starting at 6.30 a.m., which is against the rules and
regulations as laid down by the Building Inspector, be referred to the City Manager for action and a report back
to Council.
Councillor Landers suggested that the City Manager should include in his report the authority of the
"City ~lanager City in this regard. Mr. Lodhi reported that a letter was' sent to the owners and operators of this gravel pit
on November 9th reminding them that they would not be operating before the specified time. He stated that they
were given permission to operate the crusher between 8 a.m. and 5.30 p.m. but, regardless, the Zoning By-Law
provisions which govern gravel pits, allow the operators to operate the excavation operation between the hours
of 1 a.m. and 8 p.m. Councillors MacCallum and Wayne asked that the City Manager also look into the problem of
flooding being experienced by Mrs. Brideau.
I
, Counc. Wayne
,gravel trucks
, City Manager
.
'Albert J.
Smith
, Counc. Murphy
I
, Canadian
flag
I
" Parking
\,
Clarendon St.
. \City Manager
Cedar Point
" Trailer
Park
...
(Councillor M. Vincent re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor Wayne advising that at a previous
Council meeting Council discussed routes for gravel trucks hauling from pits and it was her understanding that
any company opening and operating a pit was to submit to the Building ,Inspector the route the trucks were to
haul, be referred to the City Manager for action and a report back to Council.
It was noted that a letter received from Mr. Albert J. Smith which is attached to the letter from
Councillor Wayne, refers to a particular problem in the Westmorland Road area in Forest Hills. Councillor Gould
suggested that the lack of a sidewalk in the area of Westmorland Road referred to by Mr. Smith should also be
looked into.
On 'motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from Councillor Murphy submitting a drawing
provided by the Canadian Corps of Commissionaires outlining the procedure to correctly fly the Canadian and
other flags, be referred to the City Manager for the information of City staff responsible for flying flags, or
any private firm or individual requesting such information.
On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that the City Manager be re'luested to instruct the appropriate
staff to consider the feasibility of erecting a traffic standard on the north side of Clarendon Street near the
junction of Clarendon Street and Douglas Avenue, and being placed at a distance of approximately 51 feet west of
the corner of Clarendon Street and Douglas Avenue, with the said sign reading "No Parking Between Here and
Corner".
Councillors Knibb and Landers expressed their opposition to the proposed motion, which they feel will
do more harm to the residents of the area, than being an advantage to the few motorists who use this area.
Councillors Knibb and Landers voted "nay" to the above motion.
On motion of Councillor Pye
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to submit an up-to-date report
at the next Council meeting on the progress being made by City staff in relation to designing the lot layout of
Cedar Point Trailer Park.
'178
~
Cedar Point Trailer
, Park
Transportation of
"hazardous products
\A. R. W. Lockhart
J. H. Wilcox
, S. J. Trans it Comm.
re fees for handi-
capped
'\ Senior citizen
identification car
"Prime Minister
Canada Safety
, Council
~Safe Driving Week
, Petition
Clark ROp.d
Mr. Zides stated that the staff of the Property Management branch of his department have been
talking to some of the tenants in the said Park and it is being found that some persons are now changing
their mind regarding purchasing their lots. He noted that the design has been completed and is being
reviewed for the Land Committee by the Property ~anagement staff.
On motion of Councillor Murphy
Seconded ny Councillor Gould
RESOLVED that the letter from Mr. A. R. W. Lockhart, Managing
Director of Radio Station CFBC, regarding the shipment of radioactive devices through the City, be
referred to the City Manager for action and recommendation, and that the local Member of Parliament be
asked to supply the City with a copy of proposed Federal legislation regarding the transportation of
dangerous materials.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. J. H. Wilcox, 251 Montreal
Avenue, requesting reduced transit fares for handicapped and mentally retarded persons, be referred to
the Transit Commission for a report and recommendation.
Regarding the issuance of identification cards by the Transit ,Commission to senior citizens,
Councillor Clark, Chairman of the Commission, advised that arrangements regarding the issuing of such
cards after this week are presently being made with the City Manager.
Councillors MacCallum and Wayne suggested that matters such as the above letter should be
submitted directly to the Transit Commission, rather than being forwarded to Common Council.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letters from Prime Minister Joe Clark and
Mr. P. J. Farmer, Executive Director, Canada Safety Council, regarding Safe'Driving Week, which is being
held December 1st to 1th, be received and filed and Council fully support Safe Driving Week, and that the
City Manager enlist the co-operation of all City departments and employees to publicize the campaign and
give their full co_operation and support.
On motion of, Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the petition from residents of Clark Road No.1,
Morna, requesting that the said road be taken over as a City street, be received and filed and the City
Manager forward to the said petitioners the steps,that must be taken in order for' private roads to be
taken over as City streets.
On motion of Councillor Murphy
Seconded by Councillor Gould
\ RESOLVED that the letter from Mrs. C. E. Robinson regarding a
Mrs. C. E. Robinson
traffic problem on Harding Street West, be referred to the City Manager for action and a report.
re traffic on
'Harding Street
LEGAL SESS ION
\ Kenneth G. Trainor
'-Hugh ~lcLellan
~;Saint John Tugboat
Coco Ltd
'J. Fred Williamson
'Robertson Square
'Robert Millett
'Prop: 22 Millidge
Street
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that this meeting continue, in legal session.
(All Council members except Councillor A. Vincent were present during legal session)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Solicitor regarding the
matter of insurance paid following the death of Sergeant Kenneth G. Trainor, be received and filed and a
copy be forwarded to Mrs. Trainor:
AND FURTHER that as requested, Mrs. Trainor be heard at open session of Council in this regard
in two weeks' time.
On motion of Councillor Murphy
Seconded by Cpuncillor Knibb
RESOLVED that the letter from the City Manager regarding the letter
received by Council from Mr. Hugh McLellan, solicitor for Saint' John Tugboat Co. Ltd. and J. Fred William-
son Ltd., requesting the City to move the new fence erected recently at Robertson Square back to its
original location, recommending that the City advise Mr. McLellan that the offer to relocate the fence in
its 1965 location is still open, provided ,his client is willing to pay the extra cost involved in the
relocation -- be received and filed and the recommendation adopted.
Councillor MacCallum voted "n-ayH to the above motion.
Mr. Rodgers advised that the City has been served with a Writ by the solicitors on behalf of
Mr. Robert Millett claiming wrongful dismissal from the City's employ.
On motion of Councillor Knibb
Seconded by Councillor Murphy
RESOLVED that the City Solicitor be authorized to defend the above
action on behalf of the City.
A letter from the City Solicitor regarding the report which was considered in legal session on
November 5th, 1979 regarding demolition of a building located at 22 Millidge Street, was distributed to
the Council members at this time. The letter notes that the building in question was declared dangerous
and dilapidated by the Council following a report and recommendation from the Building Inspector and
under the statute dealing with dangerous and dilapidated buildings, the owner has ten days to demolish
.
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".j
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179
.
,Prop: 22
Millidge St
I
1\
Union, Local
61
S.J. Police-
mens' Protec
tive Assoc
Industrial
Relations
Board
.
Application
\ re exclusion
of certain
ranks from
bargaining
unit
1
.
I
I
. 'King Square
, Nativity
Scene
'- Knights of
Columbus
...
the building following the decision by, Council that the building should be' demolished; following the ten-day
period if the building has not been demoli'shed by 'the owner, the City has the authority to carry out the
necessary demolition. The letter states that in view of the fact that Council has decided that the building
is in a dangerous and dilapidated condition, it is important that the building be demolished within a reasonable
period following the necessary procedural steps required and if demolition is not carried out expeditiously,
and some person is injured as a result of the condition of the building, it is his opinion that Council is
exposing itself to liability, especially if it is determined that the demolition procedure is being delayed.
During discussion it was noted that the matter of purchase of the above leasehold interest in 22
Millidge Street is to be considered at a meeting of the Land Committee to be held on November 20th.
On motion of Councillor Knibb
Seconded by Councillor Murphy
RESOLVED that the matter regarding property at 22 Millidge Street be
treated expeditiously by the Land Committee, and that the matter' be discussed at the Council meeting of
November 26th.
Councillor MacCallum voted "nay" to the above motion.
Mr. Rodgers reported on a hearing held in Fredericton last week with regard to the application of
the City for the exclusion of certain ranks from the bargaining unit, of the Saint John Policemen's Protective
Association, Local Union No. 61. He stated that the Board members asked the City what it might be willing to
agree to in offering some protection to the incumbents in the said positions if the application is granted,
and that discussions in this regard have been held with the City'Manager, Chief of Police and the Labour
Relations Officer. ~. Rodgers submitted a proposal in this regard.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that in the event that the application by the City of Saint
John to the Industrial Relations Board dated September 13, 1919 is granted and the ranks of Divisional Inspector,
Detective Inspector, Staff Inspector, Superintendent - Uniform, and Superintendent - C.I.B. (herein collectively
referred to as "the ranks") are excluded from the bargaining unit represented by the Saint John Policemen's
Protective Association, Local No. 61, Canadian Union of Public Employees, C.L.C., the City of Saint John
hereby agrees and undertakes to and with the Industrial Relations Board and each of the incumbents presently
occupying the ranks, namely, Superintendent Dunham, Superintendent O'Toole, Inspector Morash, Inspector
Robertson, Inspector McIntyre, Inspector McCaig, Inspector Lenihan, Inspector Hosford, Inspector Wagg and
Inspector Breen, that as long as such a person occupies anyone of such ranks: (a) he shall retain his seniority
and shall have the right to revert to the bargaining unit, represented by the Saint John Policemen's Protective
Association; and (b) if any penalty is imposed on him as a result of disciplinary action taken under Rules and
Regulations of the Saint John Police Force, and if he ,has exhausted his remedies thereunder, such penalty may
be the subject to appeal before a member of the Judiciary for the Province of New Brunswick; for this purpose,
the Judge shall constitute a one-man arbitration board and his decision shall be final and binding on the
parties; if a Judge cannot hear the matter, a request may be made to the Department of Labour who shall
appoint an individual to act as a one-person arbitrator.
Following further discussion, the motion was carried with Councillors MacCallum, pye and Wayne
voting "nay".
On motion
The meeting adjourned.
~'J-
Common Clerk _
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-sixth
day of November, A. D. 1919, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Knibb, Murphy, MacCallum, Pye,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, N. Barfoot, Assistant City Manager,
R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, "Commissioner
of Community Planning and Development, C. E. Nicolle, Director of
Recreation and Parks, J. Gabriel, Deputy Commissioner of Works, J. F.
Ross, Chief of Police, J. Breen, Deputy Fire Chief, R. Thompson, Chief,
Rehabilitation Services, S. LOdhi, Chief of Technical and Inspection
Services, and Building Inspector, and D. French, Director of Personnel
Reverend R. B. Stockall of Mission Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on November
19th last, be confirmed.
Councillor Knibb suggested that the procedure for recording of the Council minutes be changed to
reflect when legal session is held prior to the regular Council meeting.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that an item with respect to the request of the Knights of
Columbus to display the annual Nativity Scene in King Square, be added to the agenda and considered at this
time.
l8G
''''''Ill
Knights of
\ Columbus
'Nativity Scene
'King Square
\ Counc. Clark
'S.J. Transit Com
extension of service
\Capital p-rojects
,
Robertson Square
,Landtects Ltd.
Forest Hills Ball
,Field
~Fundy Fencing Ltd.
, Watermain
'Que-Mar Const.
'South End N.I.P.
'Power Commission
,Watermain - Water
Street
'Gerald J. Ryan Co.
Ltd.
Dorchester St; 6.
\ Lowe 11 St, Morna
Hghts; Westmorland
Rd.
'Grove Paving Ltd.
Clark, Drummie &
Co.
On motion of Councillor Gould
Seconded by Councillor Wayne
~ESOLVED that the Knights of Columbus, Saint John Council No. 931,
be granted permission to display the annual Nativity Scene at the same location on Charlotte Street in
King Square, as in previous years.
Councillor Clark, Chairman of the Saint John Transit Commission, reported that the extended bus
service in the eastern section of the City, as recently approved by Common Council, will be effective
December 6th, 1919 and that there will be free bus transportation on December 6th, 1th and 8th for
residents using the, said route. He further advised that discussions are presently being held with the
former operator of the private bus service in this area.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the. City Manager, authority be
granted for payment of the following construction progress certificates and approved invoices in con-
nection with the following named capital projects:-
1.
Robertson Square Park Development
Landtects Ltd.
Architectural services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated November 8,' 1919
2.
Forest Hills Ball Field
Fundy Fencing Ltd.
Fencing at Little League ball field
Original estimated value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated November 13, 1919
3.
Ltd.
Lining 12-inch Watermain with'P.E. Pipe
Que-Mar Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments'previously approved'
Sum recommended for payment, Progress Estimate Number 4,
dated November 22, 1919
4.
South End N.I.P.
The Power Commission of the City of Saint John
Street light ing
Original estimated value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated October 30, 1919
5.
Water Street - Watermain Construction
Gerald J. Ryan Company Ltd.
Supply and, install 2000 feet of 12-inch watermain
Current budget allotment
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress, Estimate, Number 2,
dated November 22, 1919
Dorchester Street, Lowell Street,
Morna Heights, Westmorland Road
Grove Paving Limited
Street construction
Current budget allotment
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for, payment, Final Holdback Release
Progress Estimate Number 5, dated November 22, 1919
(Councillor Clark withdrew from the meeting]'
On motion of Councillor Murphy
$
1,200.00
,$
1,225.00
$
8,922.00
3,160.00
564.00
Nil
$
3,196.00
$
13,008.00
68,861.98
2,066.04
58,531.18
8,264.16
$
$ 18,000.00
14,010.62
Nil
Nil
$ 14,010.62
$ 100,000.00
101,531. 28
15,229.69
59,500.00
$ 26,801. 59
$ 334,006.91
334,006.91
Nil
323,986.10
---
$ 10,020.21
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the account received from Clark, Drummie & Company, in the total amount of '0'
$5,305.90, for professional services rendered in connection with the expropriation of the Cecil Joyce and
Joyces Transfer Limited properties at 16-82, 84, 90-94, 96-98 and 100 Elm Street, for the period November
1918 to May 1919, the approval of the Partnership for payment of this account to be ratified at the next
meeting of the Co-Ordinating Committee.
The City Manager reported that since the above letter was written, the approval of the Co-
Ordinating Committee for payment of the said account has been received.
.
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181
~o
S. J. Heritage
'\ Trust Inc.
Germain Stree
, grani te curb-
ing
I
I
'\ Eng. & Works
Dept.
.
,
G. S. Allen
"St. Clair Ave.
I,
" Brink's
Canada Ltd.
\ parking meters
.
I
Amplitrol
'\ Electronics
Ltd.
I
,Tender
awarded
'\ Flintkote Co.
.' Grove Paving
Ltd.
asphal t
110..
On motion of Councillor Murphy
Seconded by Councillor Wayne
~ESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Engineering, with regard to the letter from Saint John
Heritage Trust Incorporated with respect to the removal of granite curbing on Germain Street, between Queen
and Duke Streets, advising that the work in question is being'carried out as part of the South End N.I.P., and
submitting a report from Mr. R. Thompson in this regard, be received and filed.
During discussion of the above matter, Mr. McDermott noted that in a previous staff report, Council
was advised that the comparative costs between granite and concrete curbs are approximately 2 to 1, and that
actual cost figures were given to Council at that time. Mr. MacKinnon cited the problems encountered in areas
which have granite curbing, and stated that unless a policy decision is made by Council to retain granite
curbing in a certain area of the City, staff will be continuing the present practice of obtaining the best
results for 'the best costs. Council was also advised that under the N.I.P. program, granite curbs may be
constructed, although the additional costs would be taken from the total project monies allotted to a certain
area.
(Councillor Clark re-entered the meeting during the preceding discussion)
Question being taken, the motion was carried with Councillors MacCallum, Pye and Wayne voting "nay".
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that with respect to future developments in the heritage
area of the City, the Engineering and Works Department be requested to provide Council with comparative costs
regarding the installation of concrete curbing versus granite curbing when the capital program for such area
is being considered.
Prior to adoption of the above motion, Deputy Mayor Elliot noted that his proposed motion only
refers to future programs, and not to any programs which have already commenced.
On motion of, Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the joint report from the, City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Engineering, with regard to the request from Mr. G. S. Allen
of St. Clair Avenue respecting problems of improper traffic movements on the dead end portion of the said
street, advising that Mr. Allen's complaints mainly dealt with the lack of a cul-de-sac for turning movements
at the end of the developed portion of the street, and the fact that the last portion of the street was in
poor surface condition; parking of vehicles was also noted to cause problems, particularly in the winter,
making it very difficult for plow equipment to property service the street; further advising that the Department
met with Mr. Allen to review these problems and in doing so discovered what would appear to be an apparent
error in the original property surveys which has led to a delay in attempting to design a cul-de-sac type of
turning area - in the meantime" several minor problems were noted and corrected and the Land Surveyor is
working on the problem of defining the proper right-of-way and it is expected the project will be proposed in
the 1980 capital program to upgrade the last portion of the street; staff are also preparing an amendment to
the Traffic By-Law to remove parking from one side of the street to allow 'better access for emergency vehicles,
and /fuc. Allen has also been kept aware of the situation and has been most co-operative -- be received and
filed.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager and Commissioner of
Finance submitting a contract between Brink's Canada Limited and the City of Saint John with respect to the
collection of coins from parking meters, which contract increases the City's collection cost per meter each
week to $.22 effective March 1, 1919 and $.24 effective March 1, 1980, as well as increasing Brink's liability
coverage to $10,000.00; advising that the increase in collection cost since 1975 represents an annual increase
of 10% which appears reasonable in light of the increase in other costs which have been experienced over this
same period and the liability has been increased to correspond with the amount of revenue now being collected
be received and filed and authority be granted for the Mayor and Common' Clerk to execute the said contract on
behalf of the City of Saint John.
In reply to a query of Councillor MacCallum as to wbythe above contract is retroactive to March 1,
1919, Mr. McDermott replied that the contract had been agreed to by the City at that time, however, the
contract has just been returned to the City by the said firm.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager advising that the City
of Saint John for many years has had an agreement with' Amplitrol Electronics Limited for an alarm indicator
panel installation, and the said company has recently agreed to up-grade their present equipment and a new
agreement has been prepared, which has been examined by the Legal Department, and provides for an increase in
the per annum rate from $20.00 to $30.00 and is recommended by the Chief of Police -- be received and filed
and authority be granted for the Mayor and Common Clerk to execute the said agreement on behalf of the City of
Saint John.
Chief Ross gave Council an explanation of the installation' referred to in the above agreement, and
advised that the agreement is reviewed every four or five years.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the joint report from the City Manager,Commissioner of
Engineering and Works, and Deputy Commissioner of Works, advising that approximately 800 tons of cold mix
asphalt will be required for street repairs during the coming winter season and written quotations were called
for (a) the supply of approximately 12,000 gallons of cold mix emulsion, and (b) the supply of approximately
800 tons of aggregates and mixing in a hot mix asphalt plant; and recommending that the bid of Flintkote Co.
of Canada Ltd. for the supply of 12,000 gallons of cold mix emulsion at $.662 per gallon, and $.0158 per
gallon transportation. and the bid of Grove Paving Ltd~ of $9.40 per ton for the supply of aggregates and
mixing of 800 tons of cold mix asphalt, be accepted -- be received and filed and the recommendation adopted.
182
.,
,Grove Paving Ltd.
, ,
Mlchael J. Graham
Armstrong Ave
ditching L ",,,'n
S'';'-.~i.....-':''S
,Gill Equipment Ltd.
,snow removal
equipment
stand, by
\Fire Chief Percy
Clark
Minister of Trans-
\ portation
Transportation of
,hazardous products
re,zoning
'Zoning By, Law
amendment
'Whitebone Way
,Dept of Supply &
Services
Councillor M. Vincent stated he would like to know if the plant of Grove Paving Ltd., which Mr.
MacKinnon advised is located on Golden GrOve Road, is within the City limits. He stated he wished this
information in relation to having the material from that plant shipped to our storage site, and the
distance from the plant to our storage site in terms of mileage and whether or not in the winter months ~_
the material will be readily available to the City', taking into consideration the distance it will have to
be transported, or whether it is anticipated there will be any'problems in this regard; 'Mr. McDermott
stated that answers to the questions of Councillor'M. Vincent can be. given tomorrow-morning. ..-.....('.
(Councillor A. Vincent entered the meeting)
Dur~ng a~sc~s~~on'~tth, the Council members regarding. the above quotations, Mr. MacKinnon advis~d
that from preliminary viewing of. property maps, it appears the plant is just inside the City limits; "
insofar as the supply,' it is'intended that the material be mixed probably within the next week or so and
the City will, then take immediate delivery of the entire 800 tons. Regarding a query of Councillor Wayne
regarding the quality of the material, he noted that the testing referred to by Councillor Wayne was done
by A.D.I. Ltd. On the hot mix asphalt, and that in the past, Stephen Construction were the only firm who
tendered on cold mix, and the City can also have testing carried out on the cold mix material. Councillor
A. Vincent inquired why public tenders were not called in this instance. Mr. MacKinnon replied that as he
understan~s there are only three plants in, operation in the City, and quotations were only received from
two firms - traditionally, the City only received one bid for the supply of this material.
I
On motion of Councillor Murphy
.1
Seconded by Councillor Pye
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner. of Works, with regard to the request of Mr. Michael J.
Graham for the deepening of ditches along Armstrong Avenue to conform with the depth of his own ditch
draining his property, recommending that the City should not and cannot deepen ditches or storm systems
just because a private drainage ,system is built at lower elevations and that it be recommended to Mr.
Graham that he install a sump pump in his basement to correct the drainage problem, and that strong
consideration be given to the commencement of capital improvements in 1980, as noted in a previous report
dated August 23rd, 1919, a 'copy of which is submitted -- be received and filed and the recommendations
adopted.
.
Councillor Murphy stated that Mr. Graham already has a sump pump, however, the problem is
encountered when the ditches freeze, causing the water to back up, and he would suggest that the City
should give Mr. Graham coarse salt to be used on such occasions.
On motion of Councillor MurphY
Seconded by Councillor Knibb
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, advising that in previous years it has been
necessary to have several heavy plowing units on standby as a backup to City snow fighting forces in
severe winter conditions, and a proposal has been received from Gill Equipment Ltd. to rent 3 front-end
loaders and one grader, with plows, as outlined in the report, for the period of December 1st, 1919 to
March 31st, 1980, and submitting a copy of a report regarding standby equipment which was considered by
Council on June 1st, 1919 which recommends that in the 'future the Department request Council's approval of
this action; and recommending that approval be granted to proceed with this arrangement -- be received and
filed and the recommendation adopted.
;1
Councillor Wayne stated she is not sure if the City needs the equipment for the length of time
proposed, as the City will be guaranteeing the company approximatelY'$26,000.00 in rentals. Mr. MacKinnon
stated 'that previous reports indicate that each year the City has given better service to the citizens in
relationship to the removal and plowing of snow - we have set a particular standard and in order to
maintain that standard staff has recommended that we should have this equipment, however he is sure that
the total guaranteed rental of $21,412.00, with very little snow and very little icy conditions, the City
will certainly make use of that entire amount, ,even if it is a. standby figure. From'the point of view of
having the equipment available, he stated he would suggest. that the City should have this equipment
available and he is reasonably sure we will be making use of it.' Councillor Wayne recalled that last year
she asked if some. of the equipment' which ,goes to 'public' auction, and sometimes appears to be rented back
to the City, could not be fixed up and used as standby equipment for this time period. Mr. MacKinnon
replied that the equipment goes to auction because the cost of operation and maintenance is getting high
and the usefulness of the equipment as far as the City is concerned'is questionable. Coun9illor MacCallum
inquired if there are any other local firms with this type of equipment available., Mr. MacKinnon a~vised
that for this type of work for a long period of time; the contractors, for the most part, have a require-
ment that we use their operators, and not City employees, and also in a number of cases the standby time
was closer to a 40-hour week, rather than 16 hours as in this proposal. He noted that this has been the
only supplier the City has had for this equipment over the last few years whereby they have been~willing
to place new equipment with new plowing attachments, and have the standby rate as low as it is.
.
Question being taken, the motion was carried with Councillors MacCallum, Pye and Wayne voting
I.
"nay".
On motion of Councillor Murphy
---
Seconded by Councillor MacCallum,
RESOLVED that report from Fire Chief Percy Clark, addressed to
the Mayor, regarding a meeting sponsored by the Canadian Society for Nondestructive Testing, Atlantic
Chapter, be received and filed and the concerns of the Fire Chief be brought to the attention of the
Minister of Transportation'.
I
During discussion, the Mayor stated that the above Society met in the Council Chamber, at which
time the Fire Chief was present, to demonstrate the instrument that ,had previously been lost in transport
to Saint John, and to explain that the instruments themselves are not dangerous as such - it had nothing
to do with the transportation of dangerous goods as discussed at a previous Council meeting. With regard
to a staff meeting with Federal and Provincial representatives regarding Council's concerns in the trans-
portation of dangerous goods within the City, Mr. McDermott stated that once a copy of the proposed
Federal legislation in this regard is received, such meeting will be held.
On motion of Councillor Wayne
.
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedul'e "A" of the
....
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183
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:;.:.'!
Zoning By-Law
amendment
''''.
'..',
,. ~". .
.
re-zoning
Dept of Suppl
& Services
Whitebone Way
I
'Committee of
the Whole
"Cherry Brook
Zoo
I
\Human Develop-
ment Council
'Market Com.
.
I
'- Eastern
Arterial
Municipal De~
" velopment PIa
'Fenco Report
.
'- S impco Deve 1 0
ment Ltd.
'-John Quigg
1
'- Poly Cello Lt
'- Agreement
I
.
..
Zoning Map of the City of Saint John, by re-zoning a parcel of land containing 2 acres, located in the McAllister
Industrial Park at the southern extremity of Whitebone Way, fram "RF" Rural to "I-4" Heavy Industrial Park
Classification" be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above motion.
Read 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 begs to report that it sat on November 5th and November 19th, 1919, and submits the
following recommendations, namely:-
1. That the City agree to underwrite an overdraft up to the amount of $8,000.00 for the operation of
the Cherry Brook Zoo until the end of November.
2. That as recommended by the Market Committee, the Human Development Council be permitted to share
rent-free the office space on the third floor of the Market building, recently granted by Common Council to
the Central Business Development Corporation.
Saint John, N. B.,
November 26th, 1919.
Respectfully submitted,'
,( sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the above report be received and filed and the recom-
mendations contained therein adopted.
Councillor Wayne stated she understood that Council was to contact the Board of Directors of Cherry
Brook Zoo and express our concerns that we felt they should be looking at new ideas for fund-raising to feed
the animals this winter. The Mayor noted that such meeting will be held. Councillor MacCallum stated that he
is opposed to section 1 of the above report. In reply to a query of Councillor A. Vincent, the Mayor advised
that the $8,000.00 guarantee is over and above the annual grant to the Zoo.
Question being taken, the motion was carried with Councillors l1acCallum and Pye voting "nay".
(Deputy Mayor Elliot withdrew from the meeting)
On motion of ,Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Committee,
authority be granted for the necessary advertising regarding a number of changes to the Municipal Development
Plan to facilitate the new alignment of the Eastern Arterial, as contained in the Fenco Report and previously
adopted by Common Council.
Councillor Murphy stated he will be voting against the above motion as he feels it will be prove an
unwise decision to delete the third crossing above the Reversing Falls.
Question being taken, the motion was carried with Councillors Murphy, Pye and A. Vincent voting
"nayll.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee, the sum
of $1,980.00 be accepted as payment in lieu of land for public purposes as a condition of approval of the
subdivision application of Simpco Development Ltd. and John Quigg with respect to property on Fairville
Boulevard.
Councillor 11. Vincent asked that at the next meeting he be supplied with the amount of money being
held by the City in lieu of land for public purposes.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor l1urphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee with
regard to the proposal of Poly Cello Limited to amend its existing agreement with the City pertaining to the
type of enclosure around its recently constructed silos located at 215 Wentworth Street, advising that after
considering the points of view expressed by the Company, the South End Development Corporation, and the
Planning staff, the Committee recommends that the agreement between the City and Poly Cello Limited be further
amended as follows: (1) deleting the existing provision for a steel- enclosure around the silos and replacing
this with a compatible 8 foot high chain link fence on the perimeter of a new parking area oriented to St.
James Street; (2) planting and maintaining trees behind the fence by the spring of 1980 with the number,
height, location and type of trees to be indicated on a plan which is to be approved by the Deputy Commissioner
of Community Planning (any consulting costs incurred in the preparation of the landscaping plans are to be
borne by the Company); and (3) cladding those portions of the existing building opposite St. James Street and
Carmarthen Street with enameled steel siding to correspond to the colours of the silos, with a dark brown
colour on the lower part and a light cream colour on the upper portions within, a period of three years; the
recently constructed storage room should be cladded by the spring of 1980 with the same exterior materials --
be received and'filed and the recommendation adopted.
(Deputy Mayor Elliot re-entered the meeting)
184
""'1
,
Land Committee
,Patrick Roche
, easement
Watson Street
"
Land Committee
'Prop: 41 Canon St
'Mrs. M. Urquhart
'Deputy Mayor Elliot
Municipal election
'voters' lists
"
Dept. of Municipal
Affairs
'Eric L. Teed, Q.C.
'sidewalks
"Santa Claus Parade
"
N.B. Historical
Society
,
National Historic
Site area
'C. B.D. Corporation
parking meter
'- ticketing
S.J. Parking Comm.
On motion of Councillor Murphy
<"
Seconded by Councillor Wayne
RESOLVED that the letter from the Land Committee with regard to
Common Council resolution of August 20th, 1919 which authorized the closing of a portion of Watson
Street and the granting of an easement of the said portion of street to,Mr. Patrick Roche for the life
of the building which encroaches on the said portion, for the purpose of building entrance steps to the
said property, with Mr. Roche to be responsible for all expenses incurred, advising that the Legal
Department advised the Committee that Mr. Roche is not interested in obtaining an easement from the City
if he has to pay costs incurred; and recommending that Common Council resolution Of-August 20th, 1979 in
this regard be rescinded -- be received and filed and the recommendation adopted.
.
On motion of Councillor A. Vincent
I
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property at 41 Canon Street from Mrs. M. Urquhart for the sum of $19,000.00,
such property being required for the proposed road 'connecting the Wall Street overpass and Somerset
Street.
In reply to a query 'of Councillor Wayne, Councillor A. Vincent advised that disc~ssions
regarding the purchase of the above property were commenced prior to any decision of Council to seek
Provincial funding of the proposed road in question.
I
On motion of.Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the'letter from Deputy Mayor Elliot advising that
during the municipal election in 1917 considerable difficulty was encountered as a result of inadequacy
in the preparation of voters' lists and following the election a request 'was submitted to Fredericton
requesting that steps be taken to eliminate similar difficulty in 1980,.be received and filed and the
City Manager investigate this matter with the Provincial authorities and report back to Council.
.
Councillor M. Vincent suggested that the Common Clerk, rather than the City Manager, should
forward the above matter' to the Provincial Minister of Municipal Affairs.
Moved in ,amendment by Councillor M. Vincent
Seconded by Councillor Elliot
RESOLVED that the above letter be received and filed and the
Common Clerk forward a letter to the Provincial authorities in this regard.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended~ was carried.
On motion of Councillor Elliot
I
Seconded by Councillor M. Vincent'
RESOLVED that the letter from Mr. Eric L. Teed, Q.C., regarding
the lack of policy respecting access to and from sidewalks for handicapped persons, be received and
filed and Mr. Teed be advised of the policy adopted by Council in this regard.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. A. P. Gregory, Chairman of
the Santa Claus Parade Committee, thanking the Council for the loan of $860.00 for the purchase of
"Santa's Parade" buttons and, as agreed, enclosing the full repayment of that loan, and reporting that
this year's Parade was very successful and after the Committee's final meeting in January a full report
will be forwarded; and complimenting the fine work of Police Chief J. Fenwick Ross and the members of
the Saint John' Police Department for their work on Parade Day and noting that the ban on parking along
the route was very successful and it is hoped it will be incorporated in any Parade By-Law for future
major parades in the City, be received and filed, and the Committee be congratulated on the success of
this year's Santa Claus Parade, inclUding better quality floats and built-in safety factors.
.
On motion of Councillor MacCallum
Seconded by Councillor Gould
RESOLVED that the letter from Dr. Alan J.. Gordon, President of The
New Brunswick Historical Society commending Council on its initiative in seeking to have the buildings
on Prince William Street between King and Duke Streets designated a composite National Historic Site, =
and advising that as Society President he was also instructed to investigate whether resources available
to the Society could be put to use to achieve this objective, be received and filed and the Society be
thanked for their interest in this matter.
1
Deputy Mayor Elliot suggested that when
area in question, consideration could be given to
committee.
appointments are made toa committee regarding the
having a representative from the' Society on that
On motion of Councillor Gould
I
Seconded by Councillor Wayne
'RESOLVED that the letter from the Saint John ,Central Business
Development Corporation regarding having the City eliminate monitoring and ticketing on parking meters
in the Central Business District during the evenings of Thursday and Friday and all day Saturday, be
referred to the City Manager for consideration.
During discussion, the Council members suggested that the views of the Saint John Parking
Commission should be obtained by the City Manager regarding the above request. Councillor A. Vincent
stated that he could only suppo~t the request if it applied to all areas of the City-and not just the
uptown area.
.
I :,l
I
....
,.
1-85
. Village of
\ Grand Bay
,purchase of
salt
I 'Petition
, Parking meters
,Union Street
I
LEG A L
S E S S ION
.
,Tender accepte
Demolition
,22 Millidge St
\ Paul's Truckin
& Demo Co Ltd
\Counc. A.
Vincent
,Elks Club
I
'City Solid tor
'Ti tus Bakery
.
1
I
" .
. Envlronment
N.B.
Marsh Creek
\ Flood Control
Project
..
<:
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mrs. M. A. Crawford, Clerk-Administrator of
the Village of Grand Bay, advising that the Village is undertaking its own winter works program for 1919-1980
,
and would reQuest permission to purchase approximately 30T of road salt from the City of Saint John, which
request is for a one-season period only to carryover any emergency work the Village may be required to do as
it is anticipated the purchase of salt in the future will be done through the City's Purchasing Department
when the City tenders for such material -- be received and filed and the request be complied with, with
details to be worked out by the City Manager.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the petition from a group of Union Street merchants
expressing their extreme concern over the removal of parking meters in front of the Golden Ball building on
Union Street, be referred to the City Manager for a report and recommendation at the next Council meeting.
Councillor MacCallum stated he will oppose the motion as he feels this matter requires immediate
action by Council. Regarding the need for the removal of the parking meters referred to, Mr. MacKinnon
explained that it was found that an additional traffic lane was required to facilitate traffic movement in the
Union Street area.
Question being taken, the motion was carried with Councillors Elliot and MacCallum voting "nay".
Councillor A. Vincent stated he wished to congratulate the Works Department staff for their foresight
in changing the location of the bus stop on Charlotte Street, due to construction at the head of King Street.
Following a meeting in Committee of the Whole, the Coupcil meeting resumed in legal session when
there were present Mayor Davis, Councillors Clark, Elliot, Knibb, Murphy, MacCallum, A. Vincent, M. Vincent
and Wayne, and Messrs. McDermott, Park and Rodgers.
On motion of Councillor MacCallum
Seconded. by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of Paul's
Trucking & Demolition Company Ltd., in the amount of $2,400.00, be accepted for demolition of the building
located at 22 Millidge Street, being the lowest tender received.
Councillor A. Vincent referred to a matter regarding the carrying out of an Order of the Provincial
Fire Marshal issued by the Fire Department with respect to property owned by the Elks Club on Prince William
Street of which the Bricklayers' Union is a tenant. He stated he will see that a copy of the said Order,
which was served on him personally, is given to the City Solicitor.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the City Manager and City Solicitor submit an up-to-date
report to Council at the next meeting with regard to the matter of the flooding of the Titus Bakery property
on Prince Edward Street.
On motion
The meeting adjourned.
~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the third day of
December, A. D. 1919, at 1.00 o'clock p.m.
-----
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, M. Vincent, A. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. ROdgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
J. F. Ross, Chief of Police, S. Lodhi, Chief of Technical and Inspection
Services, and Building Inspector, and D. French, Director of Personnel
Church.
The meeting opened with a prayer which was offered by Reverend David Gray of St. James Anglican
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
November 26th last, be confirmed.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the copy of the letter from Mr. B. B. Barnes, Deputy
Minister, Environment New Brunswick, to Mayor Davis, submitting on behalf of the Steering Committee a Status
Report on the Marsh Creek Flood Control Project for the period September 15, 1911 to September 30, 1918 and a
186
"'IIIIl
"
COIL
re-zoning
Zoning By-Law
amendment
'Prop: n :Glen Rd
"Kier M. Adams
re-zoning
conditions
'Plan. Advis. Comm.
re- zoning
Zoning By-Law
amendment
,prop: Grandview Ave
'Renaud Richard &
,Richard Allen
re-zoning
conditions
secondoreport for the per~od October 1, 1918 to March 31, 1919, which was distributed as an information
item to the Council members, be added to the agenda and considered at this meeting.
Moved in amendment by Councillor A. 'Vincent
.
Seconded by Councillor MacCallum
RESOLVED that
items which had been distributed to the Council members
in addition to the above item, the remaining seven
as information items, be'added to the agenda.
Question being taken, the amendment to the motion was lost with the Mayor and. Councillors Clark,
Gould, Murphy, Pye, M. Vincent and Wayne voting "nay".
Question being taken, the motion was lost, a tie vote having been created with the Mayor and Coun-
cillors Gould, Green, Lander?" M. Vincent and A. Vincent voting "nay".
I
On motion of Councillor MacCallum
Seconded by Councillor Murphy
RESOLVED that the letter from Mr. Donald Shea, President, Centers
Offering Independent Lifestyles Inc., which had been distributed to the Council members as an information item,
be added to the agenda and considered at this meeting.
Question being taken, the motion was carried with the Mayor and Councillors Gould, Landers, M. I~ -
Vincent and A.. Vincent voting "nay". '
(Councillor A. Vincent withdrew from the meeting)
It was noted that the necessary advertising was completed for the proposed amendment to the Zoning
By-Law to re-zone a parcel of land located at the northeastern corner of Glen Road and Simpson Drive and
designated as 11 Glen Road from "R-IB" One-Family, ResiCtential to "B-1" General Business classification to
permit the erection of an 8-foot by 20-foot addition to the existing building and establishment of a take-out
restaurant in conjunction with the present convenience store and single-family dwelling unit, as requested by
Mr. Kier M. Adams, and that no written objections were received. in this regard. No person was present to
speak either against or in favour of the proposed re-zoning. . '
Consideration was given to the letter from the Planning Advisory Committee, dated October 25th,
1919, recommending that the property at TT Glen Road (L..R.I.S. Number 298695) be re-zoned from "R-IB" One-
Family Residential to "B-2" General Business, subject to a.resolution of Common Council pursuant to
Section 39 of the Community Planning Act for the following: (a) the use of the property sh~l be restricted
to a dwelling, a convenience store and take-out restaurant within the enlarged building; (b) that the
permitted uses be confined to the existing building as enlarged by the erection~of an 8-foot by 20-foot
(160 square ft.) one-storey addition on the Simpson Drive side; (c) the store and take-out restaurant
shall not be open for business 'after 11. 00 p.m.; (d') the site shall be' kept in a clean condition free from
waste and debris; (e) there shall be no outside storage; and (f) that prior to the issuance of a building
permit the applicant shall receive the approval of the Deputy Commissioner of Community Planning to the
plan indicating parking, curbing, and landscaping.
On motion of Councillor Landers
I
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns ainending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property located at the northeastern corner of Glen
Road and Simpson Drive and designated as 71 Glen Road (L.R.I.S. Number 298695) from "R-IB" One-Family
Residential to "B-2" General Business district, subject to a resolution pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law 'of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property located at the northeastern corner of Glen
Road and Simpson Drive and designated as 11 Glen Road (L.R.I.S. Number 298695) from "R-IB" One-Family
Residential to "B-2" General Business district, subject to a resolution pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
1
On motion'of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed re-zoning be received and filed.
It was noted that the necessary advertising was completed regarding property located on the
north side of Grandview Avenue opposite the McLeod Road by (a) reclassifying the property from Low Density I
Residential to Light Industrial on Schedule 2-A of the Municipal Development Plan; and (b) re-zoning the
said property from "RS-l" One- and Two-Family Suburban Residential to "I-l" Light Industrial to permit the
establishment of a transmission repair shop as requested by Messrs. Renaud Richard and Richard Allen, and
that no written objections were received. No person was present, to speak either against or in favour of
the proposed amendment and re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated November 26th,
1919, which recommends the said Municipal Plan By-Law amendment, and re~zoning, subject to the applicant
and the City entering: into an agreement pursuant to Section 101 of the Community Planning Act providing
for the following: (a) any development of the property will meet the requirements of the Department of
Health and the National Building Code; and (b) no portion of the subject property will be sold, conveyed, .
leased, etc. without the approval of the City of Saint John. The letter states that the applicants
advised the Committee that they wished the application to be amended to include an adjacent 50-foot lot as
by including this lot, approval for on-site services could be given by the Department of Health, and since
...i
II"'"
,187
.
re-zoning
Zoning By-Law
amendment
"Prop: Grand-
view Ave
I
,Renaud Richar
& Richard
, Allen
1
.
I
.
I.
'Plan. Advis.
Comm.
'S.J. Transit
Commission
I
, Petition
Ronald D.
....... Kincade
\
bus service
in Silver
'- Falls Park
. 'Douglas C.
Baxter '
'\ bus service
Grandview Ave
....
this application has been advertised on the'basis of a parcel measuring 60-feet by lOa-feet, it would appear
necessary for the revised proposal to be readvertised.
Regarding the matter of the additional parcel of land, as referred to in the above letter from the
Planning Advisory Committee, Mr. Rodgers suggested that Council proceed with the Municipal Plan amendment and
re-zoning as advertised, and authorize advertising for the additional property.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the ,by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property measuring 60 feet by 100 feet located on the north side of Grandview Avenue opposite
the McLeod Road (L.R.I.S. Number 333218) from Low Density Residential to Light Industrial, be read a first
time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Couhcillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property measuring 60 feet by 100 feet located on the north side of Grandview Avenue opposite
the McLeod Road (L.R.I.S. Number 333218) from Low Density Residential to Light Industrial, be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan'By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City o~ Saint John, by re-zoning property measuring 60 feet by 100 feet located on the north side of
Grandview Avenue opposite the McLeod Road (L.R.I.S. Number 333218) from "RS-l" One- and Two-Family Suburban
Residential to "I-I" Light Industrial district, subject to the applicant and the City entering into an agree-
ment pursuant to Section 101 of the Community Planning Act as recommended by the Planning Advisory Committee,
be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amenllments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property measuring 60 feet by 100 feet located on the north side of
Grandview Avenue opposite the McLeod Road (L.R.I.S. Number 333218) from "RS-l" One- and Two-Family Suburban
Residential to "I-I" Light Industrial district,. subject to, the applicant and the City entering into an agree-
ment pursuant to Section 101 of the Community Planning Act as recommended by the Planning Advisory Committee,
be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that authority be granted for the necessary advertising
with respect to amending the Municipal Plan and Zoning By-Laws regarding property located on the north side of
Grandview Avenue (L.R.I.S. Number 334106) adjacent to the above property as referred to in the letter from the
Planning Advisory Committee.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re-zoning be received and filed.
Regarding presentations to be made at this meeting regarding bus service, Councillor Gould stated it
was his understanding that since the inception of the Transit Commission that such matters should properly be
brought before that Commission for their recommendations to Council. Councillor Wayne noted that the Commission,
of which she is a member, dealt with a letter from Mr. Kincade who is to appear before this Council meeting.
The Mayor noted that at the moment Council does not have an automatic policy to refer such matters to the
Commission.
Mr. Ronald D. Kincade spoke at this time and advised that there is a very strong need by the residents
in the Silver Falls Park area that the East Saint John bus to the City centre be routed through the Silver
Falls Park area, which he noted could be done by an extra ten~minute route by coming in Mark Drive from either
Westmorland Road or the Loch Lomond Road, making a loop up Michael Crescent and down Bonita Avenue then out
again. Mr. Kincade elaborated on the request of the area residents and replied to queries posed by several
Council members.
Following Mr. Kincade's presentation, considerable discussion ensued with respect to requests for
improved or extended bus transportation being heard by Council. Several Council members suggested that such
matters should first be referred to the Transit Commission for consideration.
Mr. Douglas C. Baxter appeared before the meeting requesting that the present bus
extended to include the entire length of Grandview Avenue, Latimore Lake Road and Eldersley
that a petition from the area residents has been presented to the City in this regard. Mr.
the request of the area residents for such service.
transportation be
Avenue, and noted
Baxter outlined
188
""'IIIl
River Road Ratepay-
, ers Assoc.
"bus service
S.J. Transit
~ Commission
policy reo
" delegations
before Council
.
"(motion lost)
Dangerous &
" dilapidated bldg.
....
92 St. James St
....
Dangerous &
dilapidated bldg.
120-122 Bridge St.
Following further discussion, the Mayor asked that Messrs. Kincade and Baxter supply copies
of their br~efs for forwarding by the City to the Transit Commission.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the above presentations, as well as the letter
from the River Road Ratepayers Association with regard to bus service, be forwarded to the Saint John
Transit Commission for consideration.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that items pertaining to bus transportation service be
forwarded directly to the Transit Commission before coming to Council fram this date forth.
During discussion of the proposed motion, Councillor Landers asked if a request is made for
an appearance before'Council, does a citizen have a right to so appear. The Mayor stated that if
Council adopts a motion approving an appearance, then they have the right to appear. Councillor Murphy
stated that ,if a request is turned down by the Transit Commission, citizens will still have the right
to appeal to the Council. Councillor M. Vincent stated he agrees with the principle of the motion,
however, Council cannot justify denying a taxpayer the right to appear before Council if they have a
justifiable presentation to make. Councillor Pye stated he is opposed to denying people the right to
appear before Council. Councillor Green stated he is of the opinion that every taxpayer is entitled
to appear before Council and state their case. Councillor Wayne stated she also feels we have a duty
to the citizens and it is the duty of a Councillor to tell a citizen the exact route they are to follow
to obtain action. Councillor MacCallum stated that he was of the opinion that the bus service should
be administered by an independent commission free from political control, and for that reason he does
not believe any member of Council should be sitting on the Commission. He stated that as long as we
are open to this type of control we will get all kinds of routes that are not economically viable and
we should have confidence in our Commission and let the Commission deal with such matters. Councillor
Clark, Chairman of the Transit Commission, noted that the Commission has only been functioning for the
past four or five months and really has not had the time to give a thorough study to the overall
situation in the City which 'is necessary. He noted that such requests should properly come before the
Commission for recommendation on monetary funds to Council, which has such control. He stated that as
a member of the Commission he does not wish to vote on the above motion.' Councillor A. Vincent expressed
his, approval to such requests first coming to Council, for forwarding to the Commission. The Mayor
noted that the intent of the above motion is that when a request comes 'to the Common Clerk it be sent
to the Transit Commission and the person applying be so notified. Councillor Wayne noted that citizens
have the right to come to Council if they are not satisfied with the decision of the Transit Commission.
Question being taken, the motion was lost with the Mayor and Councillors Green, Knibb, Landers,
Pye, M. Vincent and A. Vincent voting "nay". Councillor Clark did not vote on the said motion.
.
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1
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Notice had been sent to Manford M. Thompson Construction Company Limited, Owner of the 1
Leasehold, to appear at this meeting to show cause, if any, why the building located at 92 St. James ,__
Street West should not be removed or destroyed as a dangerous or 'dilapidated building. Mr. Lodhi __
referred to his'report to Council and exhibited photographs of this property. He stated that in his
opinion this two-storey wood frame building is beyond repair, dilapidated and dangerous being a fire
hazard, and he would therefore recommend that,the said building be declared dilapidated and dangerous
and the owner be compelled to destroy or remove this.building under the provisions of the 1925 Building
Act. No person was present with respect to the said property.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that notice having been given to Manford M. Thompson
Construction Company Limited, Owner of the Leasehold, being the owner, as appears by the records of the
Registrar of Deeds for the County of Saint John, of the building located at civic number 92 St. James
Street West, in the City of Saint John; requesting that the said owner appear before this meeting of
the Common Council to show cause why the said building should not be removed or destroyed as a dangerous
or dilapidated building, and having considered the report of the Building Inspector; the Common Council
hereby deems and declares the said building located at civic number 92 St. James Street West, in' the
said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Manford M. Thompson Construction Company Limited is
hereby required to remove or destroy the said building situate at civic number 92 St. James Street
West, in the City of Saint John, within ten days after'receiving notice to do so by the Building
Inspector:
-"-c,
AND BE IT FURTHER RESOLVED that upon failure of the said Manford M. Thompson Construction
Company Limited to remove or destroy the said building situate at civic number 92 St. James Street
West, in the City of Saint John,. in compliance with the request of such notice, that the Building
Inspector cause such work to be done and the cost thereof recovered from the said Manford M. Thompson
Construction Company Limited.
Councillor Knibb asked if Mr. Manford Thompson, who recently acquired the above property, has
indicated that he has no intention of rehabilitating this property, and Mr. Lodhi stated that Mr.
Thompson has no intention to,rehabilitate this building but is looking for a prospective purchaser for
this property. He reiterated his view that this property is in' an extremely dilapidated condition and'
stated that he does not believe a prospective purchase of this building, whom he has spoken with, has
any intention of rehabilitating this property in the near future. In reply to a query query of Councillor
Knibb, Mr. Lodhi advised that the building at present is not open to the publi'c. , Councillor Knibb
stated he is not sure the building in question is not structurally 'sound.
Question being taken, the motion was carried with Councillors Green, Knibb, Murphy, MacCallum
and A. Vincent voting "nay".
(Deputy Mayor Elliot entered the meeting and Councillors Landers and M. Vincent withdrew)
Notice had been sent to Alfred J. Ellis, Owner of the Leasehold; and Bank of Nova Scotia,
Leasehold Mortgagee, to appear at this meeting to show cause, if any, why the building located at 120-
122 Bridge Street should not be removed Or destroyed as a dangerous Or dilapidated building. .Mr. Lodhi
.
1
I:
.
....
r'
.
I
I
, 19
.
1
.
1
I
.
..
\ Dangerous &
dilapidated
St. Andrews
Street
'- Dangerous &
dilapidated
bldg
8 St. Paul
Street
~'._h ..,. ._.....
~. ." ;~...~.i
j89
re erre 0 18 repar 0 ounCl ean ~ex ~ e np 0 ograp S 0 18 proper y. e 8 a e a lD 18 0 lnlon
this three-storey brick building is beyond' repair, dilapidated and dangerous being a fire hazard, and he would
therefore recommend that the said building be declared dilapidated and dangerous and the owners be compelled
to destroy or remove this building under the provisions of the 1925 Building Act. No person was present with
respect to the said property.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that notice having been given to Alfred J. Ellis, Owner of the
Leasehold; and Bank of Nova Scotia, Leasehold Mortgagee, being the owners, as appears by the records of the
Registrar of Deeds for the County of Saint John, of the building located at civic number 120-122 Bridge Street,
in the City of Saint John, reQuesting that the said owners appear before this meeting of the Common Council to
show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building,
and having considered the report of the Building Inspector; the Common Council hereby deems and declares the
said building located at 120-122 Bridge Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Alfred J. Ellis and Bank of Nova Scotia are hereby required
to remove or destroy the said building situate at civic number 120-122 Bridge Street, in the City of Saint
John, within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Alfred J. Ellis and Bank of Nova Scotia to
remove or destroy the said building situate at civic number 120-122 Bridge Street, in the City of Saint John,
in compliance with the request of such notice, that the Building Inspector cause such work to be done and the
cost thereof recovered from the said Alfred J. Ellis and Bank of Nova Scotia.
(Councillor A. Vincent withdrew from the meeting)
Notice had been sent to George H. Hamilton & Son Ltd., Judgement Creditor; William R. Tippett, Executor
and Trustee of the Estate of Ernest A. Hamilton; Elizabeth LeBlanc, life interest in the Estate of Ernest A.
Hamilton; Gary H. Hamilton, Residuary Beneficiary under the Estate of Ernest A. Hamilton; and G. Ernest Hamilton,
Residuary Beneficiary under the Estate of Ernest A. Hamilton, to appear at this meeting to show cause, if any,
why the building located at 19 St. Andrews Street should not be removed or destroyed as a dangerous or dilapi-
dated building. Mr. Lodhi referred to his report to Council and exhibited photographs of this property. He
stated that in his opinion this two-storey wood frame building is beyond repair, dilapidated and dangerous
being a fire hazard, and he would therefore recommend that the said building be declared dilapidated and
dangerous and the owners be compelled to destroy or remove this building under the provisions of the 1925
Building Act. No person was present with respect to the said property.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that notice having been given to George H. Hamilton & Son Ltd.,
Judgement Creditor; William R. Tippett, Executor and Trustee of the Estate of Ernest A. Hamilton; Elizabeth
LeBlanc, life interest in the Estate of Ernest A. Hamilton; Gary H. Hamilton, Residuary Beneficiary under the
Estate of Ernest A. Hamilton; and G. Ernest Hamilton, Residuary Beneficiary under the Estate of Ernest A.
Hamilton, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John,
of the building located at civic number 19 St. Andrews Street, in the City of Saint John, requesting that the
said owners appear before this meeting of the Common Council to show cause why the said building should not be
removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building
Inspector; the Common Council hereby deems and declares the said building located at 19 St. Andrews Street, in
the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said George H. Hamilton & Son Ltd.; William R. Tippett, Elizabeth
LeBlanc; Gary H. Hamilton; and G. Ernest Hamilton are hereby required to remove or destroy the said building
situate at civic number 19 St. Andrews Street, in the City of Saint John, within ten days after receiving
notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said George H. Hamilton & Son Ltd.; William R.
Tippett, Elizabeth LeBlanc; Gary H. Hamilton; and G. Ernest Hamilton, to remove or destroy the said building
situate at civic number 19 St. ,Andrews Street, in the City of Saint John, in compliance with the request of
such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the
said George H. Hamilton & Son Ltd.; William R. Tippett; Elizabeth LeBlanc; Gary Hamilton; and G. Ernest Hamilton.
Councillor Green voted "nay" to the above motion.
(Councillor A. Vincent re-entered the meeting)
Notice had been sent to Eli Davis, Owner of the Leasehold, to appear at this meeting to show cause, if
any, Why the building located at 8 St. Paul Street should not be removed or destroyed as a dangerous or dilapi-
dated building. Mr. Lodhi referred to his report to Council and exhibited photographs of this property. He
stated that in his opinion this three-storey wood frame building is beyond repair, dilapidated and dangerous
being a fire hazard, and'he would therefore recommend that the said building be declared dilapidated and
dangerous and the owner be compelled to destroy or remove this building under the provisions of the 1925
Building Act. No person was present with respect to the said property.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that notice having been given to Eli Davis, Owner of the Leasehold,
being the owne~, as appears by the records of the Registrar of Deeds for the County of Saint John, of the
building located at civic number 8 St. Paul Street, in the City of Saint John, requesting that the said owner
appear before this meeting of the Common Council to show cause why the said building should not be removed or
destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector;
the Common Council hereby deems and declares the said building located at 8 St. Paul Street, in the said City,
to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Eli Davis is hereby required to remove or destroy the said
building situate at civic number 8 St. Pau~ Street, in the City of Saint John, within ten days after receiving
notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Eli Davis to remove or destroy the said building
situate at civic number 8 St. Paul Street, in the City of Saint John, in compliance with the request of such
notice, that the Building Inspector cause such work to be done and the cost thereof recovere~ from the saiQ Eli
Davis.
", i.If.'
190
.,
,
D. Hatfield, Ltd.
\Capital projects
,-Concrete Work 1979
\Maritime Formless
Ltd.
Lord Beaverbrook
\ Rink -landscaping
Great Eastern Land-
, scaping Ltd.
\Forest Hills Park
,Storm sewer
'Master Enterprises
Ltd.
'Hazen Creek Sewage
Treatment Plant
& Lift Station
'Snider Consultants
'Expropriat ion Award
Housing & Renewal
Services
'Court of Appeals
award
\ .
\ Joyce, CeCll M.
\ Joyce, Est. of Mary
,
Joyce's Transfer Ltd
'-Westmorland Road
'.sidewalk
(Councillor Gould withdrew from the meeting)
On motion of Councillor' Murphy
Seconded by Councillor Pye
RESOLVED that as recommended by the City Manager, approval be granted for
payment of the following invoice:-
D. Hatfield, Ltd. - Works Dept. (equipment rental) November 1-15, 1919 $ 23,106.64
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that as recommended by the City Manager, authority be granted for
payment of the following construction progress certificates in connection with the following named
capital projects:-,
1.
Concrete Work 1919
Maritime Formless Ltd.
Supply and install concrete curb and sidewalk
Current budget allotment
Total work done, Estimate Number 6
Retenti.on
Payments previously approved
Sum recommended for payment, Progress Estimate Number 6,
dated November 23, 1919
$265,392.42
261,238.91
40,085.84
225,583.56
:.$.;cT;569.51
2.
Lord Beaverbrook Rink Landscaping
Great Eastern Landscaping Ltd.
Landscaping (trees, shrubs and sod)
Original estimated value of contract
Total work done, Estimate Number 1
Retention (15%)
Payments previously approved
Sum recommended for payment, Progress Estimate Number 1,
dated November 28, 1919
~~
-$,:'.12;213.15
~ $:~14;319.00
14,439.00
.,L :2;16::;.85
Nil
3.
Forest Hills Ball Park Storm Sewer
Master Enterprises Limited
Supply and install 890 feet of 124-inch storm sewer
Original estimated value of contract
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated November 30, 1919
." $ .29.~00.25
25,250.28
3,181.54
Nil
1,
:.$ 21;462.14
On motion of Councillor Murphy
Seconde" ':/y Councillor Wayne
RESOLVED that as recommended by the City Manager, Snider Consultants
Limited be retained for the preparation of Operation and Maintenance Manuals for Hazen Creek Sewage
Treatment Plant and the Lift Stations, at an estimated cost of $16,825.00, and that the Mayor and Common
Clerk be authorized to execute the contract in this regard.
(Councillor Gould re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from the City Manager and the Deputy Commissioner,
Housing and Renewal Services, regarding the following properties which were expropriated on April 25th,
1919 from Cecil M. Joyce, the Estate of Mary Joyce and Joyce's Transfer Ltd, namely:- F-11-21-41 16-82
Elm Street, F-11-21-13 84 Elm Street (partial taking), F-11-21-31 92-94 and 96-98 Elm Street, and F-ll-
27-38 100 Elm Street; requesting Council's approval for payment of the Court of Appeals' award, calcu-
lated as follows:
Court of Appeals' decision
Less: Advance paid on June 10, 1919
$110,868.02
11,250.00
$ 33,618.02
18,283.14
$ 51,901.16
Plus 5% interest as instructed by Court
and also requesting Council's approval for the submitted Bill of Costs in the total amount of $3,160.50,
and advising that these expenditures were approved by the Co-ordinating Committee on November 21, 1919 --
be received and filed and authority be granted for payment of the said Court of Appeals' Award and Bill of
Costs.
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Read a letter ~rom the City Manager with regard to the matter o~ a complaint from a resident of
Westmorland Road respecting the use of this road by gravel trucks and the lack of sidewalks, advising that
roads which may be used by trucks not making deliveries are controlled by the Traffic By-law; Westmorland
Road between McAllister Drive and Golden Grove Road is not a truck route, although the balance of Westmor-
land Road and Golden Grove Road and McAllister Drive are truck routes, thus the request to prohibit trucks
from Westmorland Road between McAllister Drive and Golden Grove Road is already incorporated in the Traffic
By-Law. The letter states that there is a need for a sidewalk between Golden Grove Road and the end of the
existing sidewalk at Forest Hills School along Westmorland Road and this should be considered in the 1980 .
capital budget.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the City Manager take the proper steps regarding the
...oj
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191
.
, Petition
"'Parking meter
"Union Street
I
1
Saint John
'Central Busi-
ness Develop-
ment Corp.
'Parking meters
.
1
Taxi Owners '.
, & Operators'
Association
fares
'Taxi By-Law
amendment
.
I~
(motion
lost)
I
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illegal use of Westmorland Road between McAllister Drive and Golden Grove Road aS'a truck route, and that the
matter of a sidewalk between Golden Grove Road and the end of the existing sidewalk at Forest Hills School
along Westmorland Road be referred for consideration in the i980 capital budget.
On motion of Councillor Pye
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the petition
received by Council from a group of merchants on Union Street expressing their concern over the removal of
parking meters in front of the Golden Ball building on Union Street, recommending that meters be re-installed
on the south side of Union Street in front of the Golden Ball building and that all parking on the north side
be prohibited in this block except for one loading zone, be received and filed and the recommendation adopted.
Deputy Mayor Elliot suggested that consideration be given to narrowing the sidewalk in this area to
facilitate the traffic flow before the above meters are installed. In reply to a query of Councillor Gould,
Mr. MacKinnon stated that he would assume recommendations regarding the report on the central business dis-
trict would be coming before Council in the next month Or so, before the capital program.
On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that the letter from the City Manager regarding the request of
the Saint John Central Business Development Corporation for the City to eliminate monitoring and ticketing on
parking meters in the central business district during the evenings of Thursday and Friday and all day Saturday,
recommending that the City not accede to the request, be received and filed and the recommendation adopted and
a copy be forwarded to the Central Business Development Corporation.
Councillor Murphy suggested that the Corporation should be advised that in order to meet their
request it would be necessary to amend the Parking Meter By-Law and have it'apply to the whole City, which
does not seem feasible at this time. Deputy Mayor Elliot suggested that the Corporation should be forwarded a
copy of correspondence received by Council as an information item at this meeting regarding the effects when
such action was taken in other centres.
Councillor Knibb stated he will oppose the motion and spoke in favour of the request of the Central
Business Development Corporation, and he suggested that the 'request be acceded to in the central business
district until Christmas. Councillor M. Vincent noted that the problem arises when employees use parking
meters for all-day parking. Councillor Wayne suggested that the Corporation could write to Council next week
and inform Council how they would control the parking by employees 'as referred to at this meeting. Councillor
MacCallum expressed his approval to the request of the Corporation as he feels it might generate more business
in the uptown district. Councillor Gould noted that the free parking in the parking garage on Friday night
and all-day Saturday has eliminated some of the problems which existed. Councillor Landers expressed his
opposition to providing free parking in the uptown area. Councillor Green stated he feels Council should
accede to the request of the Corporation and have it re-assessed to determine what benefit it would have to
the uptown merchants.
Question being taken, the motion was carried with the Mayor and Councillors Green, Knibb, MacCallum,
A. Vincent and M. Vincent voting "nay".
On motion of Councillor,Murphy
Seconded by Councillor Landers
RESOLVED that the letter from City Manager advising that he recently
met with the newly-elected executive of the Taxi Owners' and Operators' Association who presented the submitted
brief, and the main request is for an increase in fares of $0.25 in Zone 1, $0.50 for other Zones up to $4.50,
and $1.00 for Zones $5.00 and over and no increase is being requested in other rates covered by the Taxi By-
Law; advising that these fares have been in effect since October 1911; and recommending that the requested
fare changes be approved, and that the by-law changes be given first reading,be received and filed: ~.
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulating and
Licensing of Owners and Operators of Taxicabs in the City of Saint John" be read a first time.
Councillor Wayne stated that Councillor Landers had previously informed Council that he had a taxi
license and she noted that he has not declared his interest in this matter. Councillor Landers stated he has
nO conflict of interest as he does not drive a taxi or own a taxi. Councillor Wayne stated that a brief had
been received by Council regarding the taxi industry and Council, by resolution, asked that the City Manager
report to Council on recommendations contained in that brief, and she expressed the opinion that the proposed
fare increases should not have been placed before Council until the City Manager's report was received.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table until the report
is received by Council from the City Manager, as requested by resolution of October 1st, 1919.
Question being taken, the tabling motion was lost with the Mayor and Councillors Elliot, Gould,
Green, Knibb, Landers, Murphy, Pye, M. Vincent and A. Vincent voting "nay".
Councillor M. Vincent asked if the rate structure for senior citizens would also apply to the increased
taxi. fares. Councillor Landers noted that the senior citizens rate was done voluntarily by the taxi industry
and he would assume that when the increased fares are in effect, senior citizens would then pay the present
fare, thus still receiving a reduction. Discussion ensued between Councillor Wayne and the City Manager
regarding meetings held with representatives of the taxi industry during which Mr. McDermott stated that no
discussions were held regarding zone, changes. Councillor MacCallum made reference to the matter of a meeting
with the taxi industry at which the Assistant City Manager attended, being reported in the news media prior to
the matter being received by Council. Councillor A. Vincent suggested that before third reading of the by-law
amendment, all relative correspondence can be received.
Question being taken, the motion was carried with Councillors Clark, MacCallum and Wayne voting
"nayll.
Read a first time the by-law entitled "A By-Law to Amend a By-Law Respecting the Regulating and
Licensing of Owners and Operators of Taxicabs in the City of Saint John".
Councillor A. Vincent stated that as there has been some confusion as to the reduced senior citizens's
~.
192
"
'Taxi By-law
fares, he would suggest that when the increased fares are implemented, an advertisement be placed in the
local paper showing the regular fares for the various zones, as well as the fares for senior citizens.
'Tender accepted
\Paul'S Trucking &
Demolition Co. Lt
, 22 Millidge St.
,Demolition
Prop: Cor. Bridge
& Main Sts.
"
, Commiteecof the
Whole Report
~ Seamen's Mission
'Murphy Building
'Council meetings
Board of Trustees
" Pension Plan
,'Counc. Green
Counc. Gould
On motion of Councillor Elliot
.
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to submit his report to
Council concerning the brief regarding the taxi industry, as previously requested, prior to consideration
of third reading of the above amendment to the Taxi By-Law.
Councillor Clark suggested that other areas such as meters, senior citizens fares, etc. have
not been investigated and he stated that the reduced senior citizen fares could be included in the Taxi
By-Law. During further discussion, Councillor Landers reported that he has been advised by representatives I~_'
of the taxi industry, that there will be reduced fares for senior citizens under the new fare structure,
comparable to the reduced fares now'being charged by the taxi industry.
On motion of Councillor Murphy
Seconded by CouncillorM. Vincent
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law
Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John" be
read a second time.
1
Question being taken, the motion was. carried with Councillors MacCallum and Wayne voting "nay".
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulating
and Licensing of Owners and Operators of Taxicabs in the City of Saint John".
(Councillor Landers withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Common Clerk advising that the
following resolution was adopted by Council in legal session on November 26th, 1919, namely:- "RESOLVED
that as recommended by the City Manager, the tender of Paul's Trucking & Demolition Company Ltd., in the
amount of $2,400.00, be accepted for demolition of the building located at 22 Millidge Street, being the
iowest tender received.", and this item is being placed on the agenda in open session for ratification
be received and filed and the said Council resolution be ratified.
.
In reply to a query of Councillor Green regarding property at the COrner of Bridge and Main
Streets, Mr. Lodhi stated the contractor has completed the'job at this location and the City is still
retaining the deposit for this contract. He further stated that he can obtain information for next week
requested by Councillor MacCallum regarding a complete report and the expenditure for repairs required as
noted by Councillor Green at this location.
Councillor Green voted "nay" to the above motion.
1
(Councillor Landers re-entered the meeting)
Read 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 begs to report that it sat on Monday, November 26th, 1919, and submits the
following recommendations, namely:-
1. That the'City call for public proposals for development of the Seamen's Mission and Murphy
buildings on Prince William Street.
.
2. That no Council meetings be held on December 24th or December 31st, 1919, and that a meeting be
held on Thursday, December 27th, 1919, at 1.30 p.m.
3. That Councillor Hartley Green and Councillor Kenneth Gould be appointed to the Board of Trustees
of the Civic Employees' Pension Plan for the year 1980.
Saint John, N. B.,
December 3rd, 1919.
Respectfully submitted,
(sgd.) Samuel Davis,
, Chairman.
I
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that section l'of the above report be adopted.
Consideration discussion ensued regarding the recommendation to call for public proposals for
development of the Seamen's Mission and Murphy buildings on Prince William Street, during which Council- I
lor Wayne stated that the date of the Committee of the Whole recommendation shows that this decision was
not made as the result of comments made by the local manager of a local radio station regarding development .7-
o~ these properties. Councillor MacCallum supported'the statement of Councillor Wayne -and expressed his
concern that he understands that that particular radio station has a more complete file on this matter
than Council has. During discussion regarding matters discussed in Committee of the Whole, Councillor M.
Vincent stated that he intends to move at the next meeting, as he advised Council at the last Committee
of the Whole session, a motion that' in future no items be discussed in Committee of the Whole, except for
legal matters, contract negotiations and matters relating to personalities. He 'stated that the increas-
ing number of documents, comments, etc. made from Committee of the Whole to people outside causes U
unfortunate situations and that the misleading information regarding this matter, which was carried by
mOre than one source, may very well have harmed the City in its future efforts to have Prince William ~
Street developed. Councillor MacCallum stated that he feels a full disclosure of all correspondence
regarding the proposal received by the City from Willowgate Development Corporation Ltd. for these
properties should be made pUblic. Councillor Knibb stated that many Councillors feel that the best route
for the City to take is to proceed with the proposal received from, this reputable developer, however,
....
,...
'l93
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....
" Seaman f s
Mission
~ Murphy
Bldg.
'John Fiske
, Willowgate
,Develop.
Corp. Ltd.
'-Murphy Bldg
......Seaman 1 5 Mission
'Willis Carr
senior
\ citizens
'taxi fares
'- Land Comm.
... Best
Builders Lt
" Meadowbank
Ave
, Land Comm.
Third Loch
Lomond Lake
'Jack Maxwell
'- Land Comm.
, 660 Sand Cove
Road
'Pine Ave
.... (motion lost)
since'the majority of Council supported the Committee of the Whole recommendation he will support the motion.
Councillor A. Vincent stated he agrees in principle with the proposed motion as contained in a letter on the
agenda from Councillors Wayne and MacCallum for a full disclosure of all documents regarding this proposal,
however he feels this proposed motion should be tabled until public proposals have been received, in order
not to harm the City's efforts to have these buildings developed. Following further discussion, the Mayor
noted that it is difficult for Council not to react to "leaks" from Committee of the Whole meetings, however,
Council should remind everyone that no "deal" has been made Council received a proposal and dealt with it a
week ago. He also noted that Council is doing everything possible to revitalize the Prince William Street
area and Council has acted maturely in this matter, and the City as a whole will benefit.
On motion of Councillor 'Murphy
Seconded by Councillor Gould
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that section 3 of the above report be adopted.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that the letter from Councillors Wayne and MacCallum
proposing a motion that Council make a full disclosure of all negotiations carried on to date between the
City of Saint John and John Fiske and/or Willowgate Development Corporation Ltd. with respect to the convey-
ance of properties situated on Prince William Street in the said City, known as the Murphy building and
Seaman's Mission building, and that all correspondence between the parties thereto in connection with the
said matter be laid on the table pending further consideration by Council -- be laid on the table until
public proposals are. received.
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the letter from Mr. Willis Carr, on behalf of members of
twenty-eight senior citizens clubs in Saint John, advising of their deep concern regarding the proposed
increases in taxi fares for the reasons as outlined, and requesting that taxi rates as they apply to senior
citizens remain the same as they are at present, be received and filed and Mr. Carr be advised that the
matter of proposed taxi fare increases is under consideration by Council, and the matter of reduced fares for
senior citizens is a matter for each individual taxi owner to consider.
Councillor Landers noted that he has been advised that when the fare increases are in effect,
senior citizens wlll still receive a reduction, on request, comparable to the reduction now in effect.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City of Saint
John deed 60 square feet of land on Meadowbank Avenue to Best Builders Ltd. and in return Best Builders Ltd.
deed to the City of Saint John 19 square feet of land, to rectify encroachments by both parties, as shown on
the submitted sketch, with Best Builders Ltd. to bear all legal and survey costs to facilitate the exchange.
On motion of Councillor A., Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property at Third Loch Lomond Lake, containing approximately 2 acres, from Mr.
Jack Welsford, for the sum of $1,500.00.
Deputy Mayor Elliot inquired if the building located on the above property could be sold by public
tender and removed from the site. He was advised that staff has a list of persons in business who may be
interested in undertaking the removal of such buildings.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the Land Committee be requested to ascertain if the
building located on the above property can be sold and removed from the site as soon as possible.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the sum of
$33,480.00, representing the balance owing for the property located at 660 Sand Cove'Road, which is required
by the City for the re-alignment of Pine Avenue, be paid to the Minister of Finance.
(Councillors Clark and Landers withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that public tenders be called for demolition of the building
located on the above property, as soon as title to the property is received by the City.
Moved in amendment by Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the above matter be referred to the City Manager for a
report and recommendation at the next meeting.
Question being taken, the amendment to the motion was lost with the Mayor and Councillors Elliot,
Green, Knibb, Murphy, Pye, M. Vincent, and A. Vincent voting "nay"
Question being taken, the motion was carried with Councillor Wayne voting "nay".
~i9A
" .
,
l--,
\
sidewalk
,
King Street West
\
Bridge Road
\
City Manager
\
mini-mall
\
City Road Armoury
\
Brunswick Drive
"
parking
,
(motion ,lost)
City Manager,
\
Brunswick Drive
\
Elm Street
,
bus shelter
"
Dangerous &
dilapidated bldg
\
230 Rockland Rd
Mark McGillivray
S.J. Chapter of
" Epilepsy N.B.lnc.
,
'Union, Local 61
\
false bank alarms
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the City Manager be requested to look into the
condition of the new concrete sidewalk on King Street West and make sure that an agreement is reached
with the contractor to have same repaired to meet the City's standards for this new sidewalk.
Mr. MacKinnon advised that this matter has been investigated by staff and noted. Councillor
Murphy suggested that the Provincial Government should be contacted regarding renewing the sidewalk
on Bridge Road, which is in a deplorable and damgerous condition. During discussion, Mr. MacKinnon
stated that progress estimates for the contract for sidewalk construction in the area referred to by
Councillor Wayne have not been presented to Council for payment and that in all contracts, field checks
are made on projects p~ior to the progress estimates being submitted to Council and payment will not
be recommended unless staff is ,satisfied that~it should be paid, unless there is a retention sufficient
to cover the work that is necessary to complete the job.
(Councillors Clark and Landers re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the City Manager look into having an area in the
City 'of Saint John designated for small businesses such as a small mini business park so that small
businessmen can be aff9rded an opportunity to get started in the City.
During discussion of the apove proposed motion, Councillor A. Vincent noted that the Land
Committee met with the Manager of the Fundy Region Development Commission, and recommended that the
City was prepared to turn the City Road armoury building into a mini industrial mall, and that offer
still stands.
(Councillor Gould withdrew from the meeting)
,On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that in view of the difficulties experienced by the
blind and paraplegic residents of the Brunswick Drive high-rise apartments to enter a taxi at the
apartment building, entrance due to other vehicles occupying the said spsce in front of this b1lilding,
Council request the City Manager to instruct the appropriate staff to establish a three~car"space.at
the front entrance to the said apartment building, and that the said space be designated as a restricted
area by the painting of orange blocks on the curbing and the placing of two traffic standards three-
car lengths apart, bearing the wording "No Parking Between Signs".
During ensuing discussion, Mr. MacKinnon noted that under the Traffic By-Law there is no
parking at any time on the east side of Brunswick Drive from Crown to Waterloo Streets - any cars
which park in the area are doing so illegally. Councillor Pye stated that there is no painting on
the curb in this area indicating no parking.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot,
Green, Knibb, Landers, M. Vincent and A. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the matter of cars parking illegally on the east
side of Brunswick Drive in the area of the high~rise ,apartment building be referred to the City
Manager. for enforc~ment.
, On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that the City Manager be requested to take the action
required to achieve the erection of a bus shelter at the Elm Street bus stop, adjoining the New System
Laundry premises.
Councillor Wayne suggested that this amtter should he referred to the Transit Commission.
Councillor Pye. stated ,that the City Manager would automatically consider the Commission's views in
such matters. Councillor Clark, Chairman of the Transit Commission, advised that the Commission is
presently studying the matter of bus shelters.
On motion of Councillor Wayne
Sec~nded by Councillor MacCallum
RESOLVED that the City Manager be directed to submit a full
report to Council on the present status of the alleged dilapidated and dangerous building located at
230 Rockland Road.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Mark A. McGillivray inquiring
whether or not any of the Common Council members would be interested in being on the executive of the
Saint John Chapter of Epilepsy New Brunswick, Inc. and members of the Provincial Board of Directors,
and if it would be possible for the Saint John.Chapter to use the City premises on Prince William
Street free of charge, be referred to the City Manager for a report and that the views of the Saint :'
John Human Development Council also be obtained, and that Mr. McGillivray be advised that each Councillor
is free to act individually regarding the membership in the said organization.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Saint John Policemen's Protec-
tive Association, Local No. 61, advising of a motion adopted by the Association that management be
approached to have the establishments who call in false bank alarms charged after two false alarms per
month, be referred to the"City Manager for a report and recommendation.
.
"I"
,
I
.
("
I
.
.1
~I
/ "
.
....J
,..
195
. re,-.zonirig
'\ s, & A HOlding
Ltd.
I
" River Road
Ratepayers
Assoc.
'Private roads
1
'River Road
Ratepayers
Assoc.
'truck traffic
.
\ Estey, Ivan B
Manawagonish
, Road
1
\
Traffic lights
. 'Shea, Donald
\ C.O. 1. L.
'S.J. Transit
LEG A L
S_E S S ION
I
,
S.J. Transit
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from S & A Holding Ltd. for re-zoning of
property located between Woodward Avenue and Boars Head Road to permit construction of eight 12-unit apartment
buildings, be referred to the Planning Advisory Committee for a report and recommendation and that authority
be granted for the necessary advertising in this regard.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the River Road Ratepayers Association
bringing to Council's attention that many of the roads designated as private roads are now being used by the
public at large as mOre housing develops along the roads, and requesting snow plowing and chip sealing of all
private roads in the area which are in fact being used, as public roads and as such require regular maintenance,
be received and filed and the Association be asked to supply the City with a list of roads on which they are
requesting snow plowing and chip sealing 'so a decision can be made regarding their request.
(Councillor Landers withdrew from the meeting)
Deputy Mayor Elliot noted that the City Manager was previously instructed to notify the above Associ-
::ation, in response to a previous request, of the procedure for the taking over of private roads by the City,
and he is not sure that the present request is in keeping with City policy regarding private roads.
Councillor Elliot voted "nay" to the above motion.
On motion of, Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the River Road Ratepayers Association
regarding heavy truck traffic on Route 142, requesting that further action be taken to have the Traffic By-Law
enforced in this regard, be referred to the City Manager for a report.
Councillor M. Vincent voted "nay" to the above motion, stating that he feels this matter should have
been referred to the Chief of Police for action.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Ian B. Estey regarding the matter of
the traffic lights at the intersection of Manawagonish Road and Church Avenue, be referred to the City Manager
for a report to Council.
It was noted that Mr. Estey was present at the Council meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that Mr. Estey be heard.
Mr. Estey advised that as the proprietor of Estey's Driver Training he feels that the situation at
the above intersection is a potentially dangerous situation as this set of lights turns green for all four
lanes of traffic simultaneously and two lanes proceed straight through on Manawagonish Road; one lane turns
left to Church Avenue, crossing the through lane coming the other way; and one comes off Main Street, turning
right on to Church Avenue. He noted that this is also the test route used by the Driver Examiners office when
testing beginners and if a delayed action light could be set up it could possibly save someone's life in the
future.
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. Donald Shea, President, Centers
Offering Independent Lifestyles Inc., requesting that before Council considers introducing reduced fares for
the disabled, it initiate steps towards the realization of a transit system that is accessible to all, be
referred to the Saint John Transit Commission.
Prior to the regular Council meeting,'a legal session was held and dicussion took place regarding
the matter of a transit garage for the Saint John Transit Commission.
,On motion of Councillor A. Vincent
14th to
Seconded by Councillor MacCallum
RESOLVED that a special Council meeting be held on December 12th or
deal with the matter of a transit garage, and that the Mayor appoint a committee to meet with the
and other Provincial officials to discuss possible long-term use of the Bricklin building for a
garage, and that other alternatives also be explored in the meantime.
Premier
'Bricklin bldg. transit
I
.
..
Question being taken, the motion was carried with Councillors Gould, Knibb, Murphy and Wayne voting
"nay".
On motion
The meeting adjourned.
~.
196
"
granted
Const. CO. ~I Stephen
'Cooper, Leslie A.
"Death
,
Stephen
Ltd.
'Patterson Street
,Parking
\Spruce Lake Landfill
Site
\
scales
,
Spruce Lake Landfill
Site
clearing of land
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the tenth
day of December, A. D. 1919, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
N. Barfoot, Assistant City Manager, J. Gabriel, Deputy Commissioner of
Works, C. E. Nicolle, Director of Recreation and Parks, J. F. Ross, Chief
of Police, S. Lodhi, Chief of Technical and Inspection Services, and
Building Inspector, and D. French, Director of Personnel
Reverend E. Lloyd Lake of All Saints Anglican Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor'M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
on December 3rd last, be confirmed.
Councillor MacCallum referred to the recent passing of Mr. Leslie A. Cooper, a former long-
time employee of the City, and expressed condolences on behalf of the Common Council to Mrs. Cooper and
family.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, approval be
for payment of the following invoice:-
Construction Company Limited - supplying
asphalt
November 16-30, 1919
$11,050.19
On motion of Councillor Murphy ,
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, regarding the.concerns expressed by residents of the
Patterson Street area requesting on-street parking at night, advising that the request appears to be not
because of traffic problems, but as a means of bypassing a neighbourhood problem, maintenance and
vandalism in the parking lots, and it appears that if the parking lots were cleaned, illuminated and
vandalism eliminated there would be no reason for requesting on-street parking, and recommending that
the existing parking regulations remain unchanged and that the problems in the parking lots be referred
to the appropriate parties -- be received and filed and the recoIT~endation adopted.
, ' ,
On motion of Councillor Wayne
Seconded' by Councillor Murphy
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering 'and Works, and Deputy Commissioner of Works, advising that the volume of truck traffic
being weighed at the Spruce Lake landfill site scales is causing a major traffic bottleneck with approxi-
mately; ,l50:Ctol160tvehicles being weighed daily; that when the concept of installing scales at the site
was being considered, ,it was felt that the City should start out with the most economical model avail-
able, with the possibility of more sophisticated electronic "add-ons" at a later date and with the scale
as presently equipped, it takes two men to operate, or approximately $28,000.00 per year for personnel;
further advising that this scale could be operated by one man for a saving of $14,000.00 per year by
adding a load cell,' digital readout and automatic printer, at a cost of approximately $12,000.00, and
funds in the amount of $14,000.00 are,available in the current 1919 capital budget which can be used to,
pay for this conversion; and recommending that Common Council approve said conversion of the scales at
the estimated cost of ,$12,,000.00 to be paid out of the 1919 capital budget -- be received and filed and.
the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, advi~ing that in order to continue disposal
of solid waste and demolition materials at the City's new landfili site it is necessary each year to
clear 20 or 25 acres of land and the most appropriate time to undertake this work is during the winter
months; that during the winter of 1918-19 the Department cleared approximately 20 acres of the 100-acre
site and if an additional 25 acres are cleared this winter and approximately 15 to 20 acres over the
next three years the total site will be available for use by 1983, and to undertake the planned clearing
this winter, funds in the amount of $20,000.00 would be required, which amount includes four men for
three and one-half months, to the end of March 1980, plus horses, a truck, chains saws, gas and oil;
further advising that it is proposed that these funds can be provided in the 1980 capital program as in
past years with the work to start as soon as approved and continue until the end of March 1980; and
recommending that $20,000.00 be approved in the 1980 capital works program and approval be given to
commence work on this project immediately -- be received and filed and the recommendation adopted.
During discussion with the Council members regarding the above project, Mr. MacKinnon advised
that such projects are normally done using City forces and that it is not a project for which application
can be made for Federal funding.
Councillors Clark and MacCallum voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
.
I
1
.
I
.
I
I
.
...,j
II""
197
Capital
\ Projects
.,Simonds Arean
'Glenwood Const
Ltd.
I
, .
Fenclng
The Gillis Co.
,
Ltd.
I
McKay St, Main 3.
, St.,Princess
Court.
,Fairvale Const
Ltd.
.
" Howes Lake
Dump Site
I
.
)
"King Street,
West
1
, Mari time Form-
less Ltd.
concrete side-
walk
I
,
Counc. Wayne
'Taxi By-Law
.
'.
...
granted for payment of the fOllowing,.construction progress certificates in connection with the following named
capital projects:-
1.
Simonds Arena Facilities
Glenwood Construction Ltd.
Construction of entrance, ticket booth and canteen
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated December 6, 1919, Final Release of Holdback
$ 486.35
$ 16,211.80
16,211.80
Nil
15,125.45
2.
Chain Link Fencing
The Gillis Company Ltd.
Supply and installation at various sites
Current budget allotment
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated December 6,
$ 23,403.30
23,403.30
3,510.50
Nil
Number 1,
1919 $ 19,892.80
McKay Street, Main Street, Princess Court
Watermain Restoration and Construction
Fairvale Construction Ltd.
Supply and install 1600 feet of 12-inch and 6-inch watermain
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated December 6,
$ 12,048.00
11,955.17
2,158.65
53,933.35
Number 3,
1919 $ 15,863.11
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, advising that with the completion of the rodent
extermination program at Howes Lake it is now possible to complete the application of COver material to this
area and sections still requiring cover material are on the perimeter of the landfill site and consist of
approximately 20 acres and would require 30,000 yards of material, which could be obtained from the piggery pit
at a cost including 19ading, hauling and spreading, of $200,000.00; also, discussions with the City Manager and
Council have been held concerning the establishment of a tree nursery at the Howes Lake site and it is proposed
that a start be made on this project by preparing 3 aCres which can be used initially next year by heeling in
the newly purchased trees prior to planting, which will require 5,000 cubic yards of sub-soil and 5,000 cubic
yards of topsoil, at a cost including loading, hauling and spreading of $90,000.00; further advising that one
of these projects could be considered as a winter project to be carried out in slack periods of weather - the
tree nursery would, however, have to be done immediately as topsoil cannot be hauled during wet freezing
conditions -- be received and filed and approval be given to these programs as a 1980 capital construction
project in the sum of $290,000.00, with some expenditures for development of the tree nUrsery before freeze up,
to be incurred in 1919.
Mr. Gabriel outlined the above programs and answered queries from the Council members.
On motion of Councillor Elliot
Seconded by Councillor Clark
RESOLVED that the above matter be laid on the table and the City Manager
be requested to submit a further report regarding the said programs, including the percentage of rough fill to
be used, complete costs, and a comparison on the cost of trees to be grown at the site, as well as the cost of
undertaking such programs during the winter months as opposed to the spring of 1980, etc.
Question being taken, the tabling motion was carried with Councillors Landers and Gould voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Design Engineer, regarding the condition of the new concrete sidewalk on King Street
West, advising that an inspection of the said sidewalk was carried out with Mr. R. Thompson, Chief of Rehabilita-
tion Services and the contractor, Maritime Formless Ltd., which sidewalk had been completed two days prior to
the inspection, and it was found that temperature cracks had appeared on the sidewalk in front of the Murdoch-
Lingley building due to frost action, and it was agreed that it would be advantageous to the City to have the
contractor replace this portion of sidewalk in the spring of 1980 as opposed to replacing immediately in view
of the identical defect developing as a result of a possible unexpected drop in temperature; and further
advising that the cost for this replacement will be borne by the contractor and there is a one-year guarantee
period from the date 'of completion -- be received and filed.
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising that the brief
presented by Councillor Wayne to Common Council regarding the Taxi By-Law is under general study at the present
time and two additional weeks will be required to complete his recommendations to Council; submitting a pre-
liminary report as follows regarding the four sections of the brief, namely: (1) Service - several Atlantic
cities have been contacted in order to obtain information on what they have done to improve quality of service
in the taxi industry; (2) Control or Policing - he is in agreement that increased activity by the Inspector is
essential and steps are being taken to generate more activity; consideration is being given to ways and means
of providing additional levels of inspection before cars can be accepted as taxis; (3) Fare Structure - infor-
mation has been requested from other Atlantic cities so that a comparison can be made; starting this week a
metered cab will be used to set up a basis for comparing present meter rates in the area; (4) Job Security -
the recommendation that the number of taxis on the road be limited is under study at this time as is the
198
,
Counc. Wayne
'Taxi By~law
\
Douglas Whipple
\
taxi fares
"
Min. of Environment
Marsh Creek Flood
\ Control Proj ect
,
Marsh Creek bridge
"
Dangerous & dilapi-
dated bldg. -
,
394 Sandy Point Rd.
suggestion that the license should be the property of the driver; and recommending that third reading of '
the proposed taxi fare increase be delayed until a report is completed on Councillor Wayne's brief --
be received and filed and the recommendation adopted.
Councillor Landers stated that over eight weeks ago Councillor Wayne presented her brief to
Council regarding the taxi industry and he feels it is an unreasonable length of time for Council to
have to wait to receive the report from the City Manager on the recommendations contained in that brief.
He stated that the price of gasoline will be increasing again 'this week and he feels it is unfair to
delay implementation of the taxi fare increases, which he does not feel has any relationship to' the
items mentioned in the above letter from the City Manager., Councillor Murphy stated he feels the taxi
companies should be contacted to ascertain if they would be agreeable to having a clause regarding
senior citizen rates included in the Taxi By-law. Councillor Pye st'ated he agrees with the idea of
having a bracket mounted in the rear passenger area of a taxi in which the driver will place an identi-
fication card when he takes over the cab for his tour of duty, as outlined in the above letter, although
he feels it is unnecessary as there is provision now for th~ displaying of proper identification.
Councillor M. Vincent suggested that staff should expedite the report to Council on the above-named
brief. Councillor Clark expressed his support for the recommendation and stated he feels it is time co~
operation was received from the taxi companies in improving the taxi industry in general. Councillor
Knibb expressed his agreement with the comments of Councillor Landers that Council proceed with third
reading of the proposed Taxi By-Law amendment this date as he does not see anything in the report from
the City Manager which will affect the proposed rate increases. Regarding the matter of zone changes,
Mr. McDermott stated that such matter has never been discussed with the taxi industry, and in reply to a
query of Councillor Landers, stated that his report will be available for Council in two week's time.
It was noted that Mr. Douglas Whipple,' representing the Taxi Owners' Association, was present at
the meeting..
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that Mr. \fhipple be heard.
Councillor ClaJ:k voted "nay" to the above motion.
Mr; Whipple spoke at this time in support of the proposed taxi fare increases. He advised
that under the new rate structure, senior citizens will still receive a discounted fare which also is
given to blind persons. He stated that he can see no relationship between the proposed fare increases
and the items to be reported on by the City Manager. In reply to a query of Councillor Clark if the
taxi owners would have any objection to having the senior citizens' rates included in the Taxi By-Law,
r. Whipple stated that he would have to take such matter before the membership. 'He stated that the
taxi owners and operators would like an equitable return on their investment and therefore would like to
see the rate increases in effect as soon as possible. .Councillors Elliot and Wayne noted that at the
last Council meeting, a reso~ution was adopted that third reading of the fare increases would not be
given until the report on the previous brief was received by Council.
Question being taken, the motion was lost with a majority of the Council members present
oting "nay" o.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the City Manager ~e instructed to continue obtaining
information regarding the items referred to in his letter to Council at this meeting and report to
Council.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the copy of the letter from Mr. B. B. Barnes, Deputy
inister, Environment New Brunswick, to Mayor navis, submitting on behalf of the Steering Committee a
tatus Report on the Marsh Creek Flood Control Project 'I'or the period September 15, 1977 to September
30, 1918 and a second report for the period October 1; 1918 to March 31, 1919, be received and filed.
Councillor Wayne stated she attempted to have the above letter placed on the agenda at the
ast Council meeting to show the changes which are to take place with the Marsh Creek Bridge. She
further stated that the three-year flood reduction programme may now be a six-year programme before it
is completed, and she asked if it is correct that the changes in the Marsh Creek bridge should take
lace half in 1980 and half in 1981. Mr. McDermott replied that basically the tenders should be ready
o go out in April 1980 - the bridge should be completed in July 1981, which is in the 1981-1982 Federal
nd Provincial fiscal year, and by the time the bills are paid it could be in the late fall - that is
hy he is recommending the extension of the agreement to the end of March 1982, which is ,the end of the
981-1982 fiscal year. Councillor Wayne stated she would like a continual maintenance programme on the
arsh Creek bridge each year.
Moved in amendment by Councillor Elliot
Seconded by Councillor Wayne
, ' RESOLVED that the City Manager take whatever action is necessary
o facilitiate'completion of the Marsh Creek Flood Reduction programme and to obtain extension of the
greement, and report back to Coun~il.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the letter from the Building Inspector advising
hat property located at 394 Sandy Point Road has been abandoned by the owner and the property is now
eavily vandalized, dilapidated and in a dangerous condition, and in his opinion, his Department, as
ell as the Legal Department have exhausted all possible methods of gathering information regarding the
wnership and finding the name of the owner and under the circumstances they have no alternative but to
ring this matter before Council, as advised by the Legal Department; further advising that it is his
pinion that this building is beyond repair, dilapidated and dangerous, being a fire target and he feels
.,
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"'",
199
.
1
's. Lodhi
'I
Building
" Inspector
\ Zoning By- Law
\ 77 Glen Road
,Kier M. Adams
.
re-zoning
conditions
"
I
By-laws,
reading of
, Municipal Plan
By-law
Grandview Ave
'Renaud Richard
,& Richard
Allan
.
, Zoning By-Law
,Grandview Ave
I
I ' Taxi By-Law
'taxi meters
.
, (motion 10stO
..
this building must be demolished without further delay; and therefore recommending that Council declare this
property as dangerous and dilapidated and advise the City Manager to have this building removed or destroyed
immediately -- be received and filed and the recommendation adopted.
Mr. Lodhi displayed photographs of.the building in question. In reply to Queries of several Council
members regarding the procedure for declaring the above property dangerous and dilapdiated, Mr. Rodgers stated
that if Council is satisfied that all avenues have been exhausted in determining ownership of the above ptoperty"
Council is acting properly in having the building, which is dangerous and dilapidated, demolished. Messrs.
Rodgers and Lodhi outlined the investigations carried out in attempting to determine ownership of the above
property. Following further discussion regarding the above procedure" Councillor Landers suggested that demo-
lition of this building should be undertaken by City staff.
Councillor MacCallum voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. S. Lodhi, Building Inspector and Chief
of Technical and Inspection Services, advising that he will be assuming the position of Senior Project Engineer
in the Engineering and Works Department as of January 1st, 1980, and therefore he wishes to submit his resignation
as Building In~pector effective December 31st, 1919 -- be received and filed and the resignation accepted and
Mr. Lodhi be congratulated on his promotion and transfer, and that'the City Manager proceed to advertise the,
position of Building Inspector.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property located at the northeastern corner of Glen Road and Simpson
Drive and designated as TT Glen Road (L.R.LS. Number 298695) from "R-IB" One-Family Residential to "B-2"
General Business district, be read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning be on the
following conditions: (a) the use of the property shall be restricted to a dwell~ng, a convenience store and
take-out restaurant within the enlarged building; (b) that the permitted uses be confined to the existing
building as enlarged by the erection of an 8 foot by 20 feet' (160 square ft.) one-storey addition on the
Simpson Drive side; (c) the store and take-out restaurant shall not be open for business after 11:00 p.m.; (d)
the site shall be kept in a clean condition free from waste and debris; (e) there shall be no outside storage;
and (f) that prior to the issuance of a building permit the applicant shall receive the approval of the Deputy
Commissioner of Community Planning to the plan indicating parking, curbing and landscaping.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Councillor M. Vincent asked that Council be provided with a report at the next meeting as to whether
the Legal Department has drafted any proposals to be submitted to the Provincial Legislature to eliminate the
necessity of by-laws being read in their entirety prior to adoption.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify property measuing 60 feet by 100 feet located on the north side of Grandview Avenue opposite the
McLeod Road (L.R.I.S. Number 333218) from Low Density Residential to Light Industrial, be read a third time and
enacted and the Corporate Common Seal affixed thereto.
..
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Gould
Seconded by Councillor, MurphY
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property measuring 60 feet by 100 feet located on the north side of
Grandview Avenue opposite the McLeod Road (L.R.LS. Number 333218) from "RS-l" One- and,Two-Family Suburban
Residential to "I-I" Light Industrial district, subject to the applicant and the City entering into an agree-
ment pursuant to Section 101 of the Community Planning Act providing for the following: (a) any development of
the' property will meet the requirements of the Department of Health and the National Building Code; and (b) no
portion of the subject property will be sold, conveyed, leased, etc. without the approval of the City of Saint
John, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of ' the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John", be read a third
time and enacted and the Corporate Common Seal affixed thereto.
Councillor Wayne noted that the City Manager has advised Council by letter at this meeting that a
meter has been installed in a taxi for a one-week period for comparison of fares, and she would like to see
third reading of the amendment delayed until that comparison is received.
o
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table for one week.
Question being taken, the tabling motion was lost with the Mayor and Councillors Elliot, Gould,
Green, K-nibb, Landers, Murphy, Pye and M. Vincent voting "nay".
200
.,
taxi meters
,
"
Subdividion plan
'Stephen &
. Corrine Wills
'Hawtrey Street
Land Committee
146 Church Ave
Norman Normandeau
Church Avenue
Overpass
Land Committee
'Candace Street
'Lloyd Paul
'street closing
,Committee of Whole
'leak of information
'Counc. M. Vincent
council agenda
preparation
Councillor Green noted that his experience in other cities has been that metered fares are
more ~xpensive than flat rates for taxis. Councillor Clark stated that while he realizes that gasolide
prices have risen drastically, he feels Council should receive the requested report before enacting
increased fares. Councillor Landers noted that there has been provision in the Taxi By-Law for five
years for meters and no one has chosen to do so. Councillor Pye referred to a meter test he conducted
several years and cited the difference in meter fares, and flat rate fares, and noted that metered fares
were considerably higher., Councillor Elliot noted that the various - zones cause confusion to the public,
and he asked if the taxi industry through by-law'could overcome this' apparent difficulty. Councillor
Wayne suggested that the zones should be published'in the local newspaper.
Question being taken, the motion was carried with Councillors Clark, MacCallum and Wayne
voting "nay".
'['he by-law entitled, "A By-Law to Amend a By-Law Respecting the Regulating and Licensing of
Owners and Operators of Taxicabs in the City of Saint John" was 'read in its entirety prior to adoption
of the above resolution.
(Councillor Wayne withdrew from the meeting)
On motion, of Councillor Murphy
Seconded by Councillor Green
RESOLVED that 'as recommended by the Planning Advisory Committee,
Common Council assent to the subdivision plan of the City of Saint John and Stephen R. and Corrine A.
Wills with respect to the 'addition of Part "A" to Kingsville Road.
Councillor Murphy referred to the condition of Hawtrey.Street, and suggested that provision
should be made in next year's budget for curbing and paving of this street.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority. be
granted for the purchase of property located at 146 Church Avenue fram Mr. and Mrs. Norman Normandeau
for the sum'of $38,000.00, such property being required for the Church Avenue 'overpass.
In reply to' a query of Councillor Murphy, Mr. McDermott reported on the progress of property
acquisitions required for the Church Avenue overpass.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be
granted for the sale of property on Candace'Street to Mr. Lloyd Paul for the sum of $7,000.00, subject
to the following conditions: (1) that a 10-foot pedestrian walkway be retained, thus the frontage of the
lot will be 56 feet; (2) that Mr. Paul will'be responsible for all expenses incurred for the transfer of
the property; (3) that Mr. Paul obtain a variance from both the Zoning and Subdivision By-Laws; (4) that
Mr. Paul, provide proof of ownership of the back'lot, L.R.I.S. Number 309518; and (5) that construction
of the dwelling commence within one year from the date of the Council resolution or the title will
revert back to the City:
AND FURTHER, that authority be granted for the necessary,advertising for 'closing of the said
portion of Candace Street.
(Councillor Wayne re-entered the meeting)
Read a letter from Councillor M. Vincent 'stating that he has advised Council in Committee of
the Whole two weeks ago of his concern for the manner in which information is leaKing from Committee of
the Whole which in his opinion is causing harm to the Council, the citizens of the City and the City
itself as a corporate structure and while he does'not feel that his 'proposal being brought forward at
this meeting will curtail this type of unwanted or damaging action to the City and its people, he does
feel it will at least help to minimize it to some extent. The letter from Councillor M. Vincent proposes
the following': (1) Legal session to be continued to deal with matters of a legal nature only; (2) Committee
of the Whole to deal with matters of a personal nature involving'staff or departments where public
discussion could be damaging to the character and integrity of those involved, for the present time
union negotiations, and for the present time at least situations where organizations Or firms specifically
ask to appear before Council in Committee - other than these items there would be nothing else in Committee
of the Whole and no vote or formal resolutions; and (3) Council Caucus at the call of ' the Mayor Or
Councillors for the purpose of Council, teach-ins, presentation of complex or technical information by
staff to Council, or such similar matters. Councillor M. Vincent proposed a motion, which was seconded
by Councillor Gould and later withdrawn, that Council approve of the proposal as noted above.
Councillor Knibb stated that he wished to speak partially against the proposal - while he
agrees with the concept of legal session, he does not like the term "caucus", and agrees basically that
Council should be prepared to face the public on attitudes Council takes in private session, and he
would ask that this proposal be referred for re-drafting so Council can decide more specifically and
legally what is being proposed. Councillor Wayne stated she is in favour of more items being considered
in open session and she does not understand why some items are dealt with in Committee of the Whole.
Councillor Pye suggested that in order to end all speculation as to who is causing the leak to the news
media an outside examiner should be brought in and have each member of Council submit to a polygraph
test. The Mayor stated that the reason for this proposal is to have certain items considered in open
session rather than Committee of' the Whole. Councillor M. Vincent' stated that he agrees with Councillor'
Wayne that too many items are dealt with in Committee of the Whole, probably by force of habit such
items are considered in Committee of the Whole, which is one reason, but not the sole reason, for his
proposal. The Mayor noted that the' Common Clerk prepares the Council agenda 'and places in Committee of
the Whole items which he feels would be injurious to the welfare of the Council and the City - he feels
it is a good idea to set dOWD,rules for the Common Clerk to follow in the future, which is what we are
considering - the only rules at present are what tradition has laid out. Councillor Murphy noted that
there have been leaks in every level of government, however, he'feels the proposal is worth trying.
Councillor M. Vincent agreed with the Mayor that it is not the fault of the Common Clerk - it is because
Council has not set a clear-cut, defined pOlicy of what items are to be considered in closed session of
Council. Councillor MacCallum noted that more items are now being considered in Committee of the Whole
and he feels more of such items should be dealt with in open session. Councillor Elliot stated he is in
favour of the comments of Councillor M. Vincent and agrees with Councillor Knibb that if this proposal
was adopted as policy, it is still so general that the Common Clerk will still have difficulty defining
.
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_...._^W__;.:'.~_ -:" 'tt~---: ::.~-;-..~.~;..-"-
,
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201
ON;
.
Council
Procedures
\ Commi ttee
I
\ auditing
services
insurance
\banking
services
call for pro-
posals
1
City Mgr.
\ C .B.D.G,
Proctor &
Redfern
"-
, Report
.
1
, Peti tion
Mrs. Sterling
'\ Sherwood
\ Clarendon St
, Parking
S. J. Const.
" Assoc. Inc.
.
\ dumping fees
\Spruce Lake
Landfi 11
Site
I
'\ re- zOIllng
"John Large
Architect Ltd
Norman W.
\. Francis
,326 'Main St.
'\ N. B. Liquor
Lic. Bd.
I
Chesley Place
'\ Ltd.
re-zoning
'\Lingley Print-
ing Co. Ltd.
\ 112 Princess
. St.
LEGAL SESS ION
....
items and he would suggest that the proposal should be approved in principle and have it refined for the
benefit of the Common Clerk. Counctllor'M. Vincent stated that he would be pleased if Council would adopt the
intended principle as outlined in his letter and possibly refer the matter to the Council Procedures Committee
and Legal Department for redefining and specifics, to be brought back before Council for adoption.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that Council adopt the procedure outlined in the above letter
from Councillor M. Vincent in principle and refer the matter to the Council Procedures Committee for more
specific and direct policy, and that the matter be brought back to Council for final ratification.'
(Councillor Gould withdrew from the meeting)
Councillor Landers proposed a motion, which was not seconded, that the City Manager be instructed to
call for public proposals for the City's auditing services, insurance coverage and banking services"for the year
1980.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the above matter be referred to the City Manager for a
report to Council.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Saint John Central Business Development
Corporation regarding the Proctor and Redfern Report on revitalization of the central business district, asking
that they be provided with the following information: (1) individual costs to landowners for new service entrances
and building code requirements; and (2) a brief informatiOn plan of implementation from the Department of Engine" "
ering"and Works; which information will allow the Corporation to renort back to Council early in the new year,
be received and filed and the City Manager reply to the request when such information is available.
Prior cO adoption of the above motion, it was noted that such information is not available at the
present time, as Council has not adopted a time schedule regarding the said revitalization. Councillor Wayne
suggested that the City Manager could make such explanation to the Corporation. The Mayor noted that the City
Manager will have information for Council on the implementation of the plan when consideration is given to the
capital works budget.
(Councillor Gould re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that 'the letter from Mrs. Sterling Sherwood, submitting a petition
regarding the erection of "No Parking" signs on Clarendon Street, be received and filed and the petitioners be
advised that such signs were erected in error and have since been removed and consequently no further action is
required.
Mr. MacKinnon gave an explanation regarding the said signs being erected on Clarendon Street in error
and advised that there is alternate parking on the said street. It was noted that arrangements have been made
for the Police Department to correct any tickets which had been issued due to such signs having been erected.
(Councillor Landers withdrew fram the meeting)
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Saint John Construction Association Inc.
expressing concern at the change in the application of fees with regard to the dumping of construction waste
materials at the Spruce Lake dump site, which it is felt will add a considerable amount to the cost of demoli-
tion of buildings and to the disposal of regular construction garbage, and asking that consideration be given to
returning to the $10.00 flat fee for a 5-ton truck or greater, and that the fee for smaller vehicles be waived,
be referred to the City Manager for a report and recommendation.
On motion of Councillor Murphy
of Norman
Committee
regard.
Seconded by Counciilor Wayne
RESOLVED that the application from John Large Architect Limited, on behalf
W. Francis, for re-zoning of property located at 326 Main Street, be referred to the Planning Advisory
for a report and recommendation, and that authority,be granted for the necessary advertising in this
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board advising that the Board will hear the application of Chesley Place Limited for a special premises (recre-
ational) license for premises located at Chesley Drive and Main Street, and that the hearing will be held at the
hearing room in the Board's premises on the second floor at Prospect Place, 191 Prospect Street, Fredericton,
N. B. at 9.00 o'clock a.m. on November 30th, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from Mr. Bernard Cullinan, solicitor for
Lingley Printing'Company Ltd., for re~zoning'of property at 112 Princess Street, be referred to the Planning
Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising
in this regard.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that this meeting continue, in legal session.
202
"Ill
LEGAL SESS ION
(Councillor Landers re-entered the meeting and Councillors Wayne and Pye withdrew)
Spectrum Enterprises
Ltd.
966 & 976 Millidge
Ave.
'McKnight Motors Ltd.
\
Ti tus Bakery
water damage
Call for proposals
re auditing services
\insurance & banking
services
\Howes Lake
tree farm
On motion of Councillor Gould
.
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Solicitor, the following
resolution be adopted, namely:-
"WHEREAS Spectrum Enterprises Ltd. has constructed, or caused to be constructed, a 'breezeway'
between'two buildings located on separate lots known as 966 and 976 Millidge Avenue, in the City of Saint
John in contravention of the City of Saint John Zoning By-Law:
THEREFORE BE IT RESOLVED that the Legal Department be authorized to commence proceedings 1
pursuant to the provisions of the Community Planning Act to secure an Order' of a Judge of the Court ,of
Queen's Bench of New Brunswick that Spectrum Enterprises Ltd. correct its contravention of the City of '
Saint John Zoning By-Law.". '
Question being taken, the motion was carried with Councillors Green, Knibb, Landers and Murphy
voting "nayll.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that Council be provided with a complete report as to why
no legal action has been taken against McKnight Motors Ltd. to date.
1
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Solicitor with regard
to the request of Council for a report on the claim submitted by Titus Bakery, advising that he has been
informed by the solicitor for Commercial Union Assurance Company that the investigation has been completed
and that there is no liability on the part of the City and in this case, damage to the stock was caused
by a ruptured watermain which in the circumstances does not make the City liable; further advising that
the number of catchbasins installed would not have made any difference in the circumstances of this case
due to, the amount of water resulting from the break in the main line, and that he has been informed that
the owners of Titus Bakery will be notified in a ,few days of the, results of the investigation -- be
received and filed.
.
"nay".
Question being taken, the motion was carried with Councillors Green and M. Vincent voting
On motion
The meeting adjourned.
/ltq
1
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventeenth
day of December, A. D. 1919, at 1.00 o'clock p.m.
present
.Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, , Murphy,
MacCallum, Pye,A. Vincent, M. Vincent and Wayne
.
and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
N. Barfoot, Assistant ,City Manager, M. Winch, Deputy Commissioner of
Community Planning, S. Armstrong, Deputy Commissioner of Engineering,
S. Lodhi, Chief of Technical and Inspection Services, and Building
Inspector, J. F. Ross, Chief of Police, D. French, Director of Personnel,
and E. Farren, Executive Assistant to the City Manager
I
Reverend Tom Robinson of St. John's (Stone) Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
1
on December 3rd last, be confirmed.
In reply to a query of Councillor Landers as to when Council would receive a report requested
at the last meeting,regarding the calling of public proposals for the City's auditing services, insurance
coverage2and:.'banking servicesa,for'the year':;198orMr~ -JVIcDermott;advised tnat:such report will be available
within one week.
Councillor Wayne referred to discussion at the last Council meeting regarding establishment of
a tree farm at the former landfill site at Howe's Lake, and she asked if City~owned property near the
Third Loch Lomond Lake might be used for this purpose. Mr. McDermott replied that this matter has
already been discussed, and he will be reporting to Council regarding the establishment of a tree farm
by the City.
.
The Common Clerk advised that the necessary advertising was completed for the proposed ",
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20.3
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re-zoning
Moose Mountai
" Farms
,
Loch Lomond
Road
Planning
Advis. Comm.
Lloyd
, Chamber lain
amendment to the Municipal Plan By-Law to reclassify property on the south side of Loch Lomond Road "east of the
. ,
Hickey-Road from Low Density Residential, to District Ceptre Commercial, and to re-zone the said property from
"RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, to permit erection
of a 60-foot by 120-foot one-storey wood and steel structure with brick veneer on the exterior to be used for
a Home Hardware Centre, and that no written objections were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated November 14th,
1919, which recommends the proposed amendments, subject to an agreement pursuant to Section 39 of the Com-
munity Planning Act setting out details of the development.
,Mr. Lloyd Chamberlain, 1180 Loch Lomond Road, was present at the meeting with respect to the above
proposed changes, and expressed his objection to the said property being zoned for commercial purposes, in
view of the heavy traffic problems which already exist, and, in view of the age of the water pipes which are
located along Loch Lomond Road. In reply tOll. query of Coun~illor Wayne, Mr. Chamberlain stated he did not
receive a notice from the Planning Advisory Committee 'asking for his views regarding this application. Mr.'
Chamberlain stated that when he purchased his home in this area it was a residential area and he expressed his
opinion that no further commercial development should be permitted, and his fear that such commercial develop-
ment will cause problems with water supply to the City, and noted that there is already seepage from these
water pipes, due to their age and condition.
In discussing the proposed commercial development for this property with Councillor Wayne, Mr. Winch
stated that Mr. Chamberlain's name is on the list of persons who were forwarded notices asking for their views
on the proposed re-zoning. Regarding the water mains referred to by Mr. Chamberlain, Mr. Winch stated that
the matter of an easement to the City to maintain these water mains would be included in the agreement to be
entered into with the developer under Section 39 of the Community Planning Act.
(Councillor Gould entered the meeting)
Mr. Fillmore B. Myles, representing Moose Mountain Farms Ltd., the applicant for the said re-zoning
and Municipal Plan amendment, was present at the meeting and stated that the company intends to raise the
level of the land in question and re-route the ~ater presently on the property to the stream in the area.
Regarding the water mains referred to at this meeting, he stated that the company has allowed approximately
120 feet from the street allowance to the building, and that a landscaped area will be provided to give the
City access to the said water mains.
During further discussion, Mr. MacKinnon advised that there is no leakage from the said water mains
that he is aware of, and that any leakage would have appeared when testing was carried out during relining of
the said mains which was recently carried out on the Loch Lomond Road. He further advised that there appears
to be sufficient room in the proposed development for the City to continue to service the water lines and he
noted that the same water lines are located on Hickey Road, where there is also commercial development, and
that no problems have been encountered.
On motion of Councillor Landers
Seconded by Councillor MurPhy ".-i
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify a 2.5 acre parcel of land, with a frontage of 350 feet, on the south side of Loch Lomond Road,
east of the Hickey Road (being the northwesterly portion of land having L.R.I.S. Number 426486) from Low
Density Residential to District Centre Commercial, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", ,by amending Schedule 2-A, the Future Land Use Plan
to reclassify a 2.5 acre parcel of land, with a frontage of 350 feet, on the south side of Loch Lomond Road,
east of the Hickey Road (being the northwesterly portion of land having L.R.I.S. Number 426486) from Low
Density Residential to District Centre Commercial, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On,motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of, Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning a 2.5 acre parcel of land, with a frontage of 350 feet, on the
south side of Loch Lomond Road, east of the Hickey Road"(being the northwesterly portion of land having
L.R.I.S. Number 426486) from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business
district, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out details of
the development, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendment~ Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning a 2.5 acre parcel of land, with a frontage of 350 feet, on the
south side of Loch Lomond Road, east of the Hickey Road (being the northwesterly portion of land having
L.R.I.S. Number 426486) from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business
district, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out details of
the development, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
204
.,
.
Planning Advis. Comm.
Muilicipal Plan .
By-Law amendment
L
re integrated
development zones
Zoning By-Law
amend men t
re integrated
development, zones
\
D.R.E.e:.
Hazen Creek Sewage
'0 Treatment Plan
'Godfrey Assoc. Ltd.
,
Brunswick Drive
"
N.B. Tel
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re~zoning be received and filed.
(Councillor Landers withdrew from the meeting)
The Common Clerk advised that the necessary advertising was completed for the proposed amend-
ment to the Municipal Plan By-Law by inserting a new subsection which will contain policies respecting
integrated development zones, .and for ~he proposed amendment to the Zoning By-Law by deleting existing
regulations for Integrated Development Zones and substituting new regulations complementary to the
proposed new policies, which proposed ame~dments would provide additional flexibility ,and expedite the
planning approval process and are .inte~ded to ~nsure that a high degree of planning is incorporated in
major developments, and that no written objections were received in this regard. No person was present
to speak either against or in favour of the proposed amendments.,
Consideration was given to the letter from the Planning Advisory Committee, dated November
13th, 1919, which recommends the proposed amendments.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Ame~dments Thereto", by inserting a new subsection which will
contain policies respecting integrated development zones, be read a first time.
of Saint
Read a first time the by-La" entitled, "A Law, to Amend the Municipal" Plan By-Law of the City
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
. RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the. City of Saint John and Amendments Thereto", by inserting a new subsection which will
contain policies respecting integrated development zones, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments 'Thereto".'
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as,it concerns deleting existing regu-
lations for Integrated Development Zones and substituting new regulations complementary to the proposed
new policies, be read,a first time. .
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the by-law, entitled, "A Law to Amend the Zoning By-
Law of the City of'Saint John and Amendments Thereto", insofar as it concerns deleting existing regu-
lations for Integrated Development Zones and substituting ne" regulations complementary to the proposed
new policies, be read a second time.
'.
.'
I
I
.
1
Read,a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto". .
On motion, of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed amendments be received and filed. ,
On motion of Councillor Murphy
Seconded by Councillor Gould
. ,RESOLVED that as recommended by the City Manager, authority be
granted for payment ,of the following construction progress certificate and approved invoice for engineer-
ing services, in connection with the following projects ,that were undertaken under the Department of
Regional Economic Expansion programme:-
1.
Hazen Creek Sewage Treatment Plant
Godfrey Associates Ltd.
Engineering services
Payments previously approved
Sum recommended for payment, Progress Estimate Number 18,
dated November 11, 1919'
$ 571,450.36
$ 521. 02
2.
Bayside Drive Reconstruction.and Extension
(a) New Brunswick Telephone Company Limited'
Payment for services.
Payments previously approved
Sums recommended for payment
Invoice #88342 $ 182.00
#12843 $ 60,151.00
#12924 $ 11,829.00
$ 12,162.00
$ 22,416.62
I
I
.
,
..oil
~
.:~'~ ~,"-""" ._~ .~'.V;;-~'..1'>' ...-~'" ~ "" -..,.:.~
goS
Saint John (b) Saint John Shipbuilding & Dry Dock Co., ,Ltd.
\ Shipbuilding Relocation of Standards Building
. & Dry Dock C Current budget allotment $ 269,532.00
Ltd. Payments previously approved Nil
Sum recommended for payment, Progress Estimate Nlmlber 1,
dated November 6, 1919 $ 269,532.00
, Power Comm. (c) The Power Commission of the City of Saint John
Relocation Substation
Payments previously approved $ 94,161.02
Sum recommended for payment, Progress Estimate Number 2,
dated December 14, 1919 $ 40,232.98
I (d) The Power Commission of the City of Saint John
Utility relocation
Payments previously approved $ 365,243.01
Sum recommended for payment, Progress Estimate Number 12,
dated December 14, 1919 $ 15,149.18
I
D. Hatfield
, Ltd.
tender
, awarded
. batteries
tender
'- awarded
"\ concrete pipe
I
,dry cleaning
,Police Dept.
"CP Rail
waterline
.
traffic
signals
" Manawagonish
Road,
\Church Avenue
Main Street
I
'\ Provincial-
Municipal
Council
I
'Dangerous &
Dilapidated
Bldg
. \ 230 Rockland
Road
....
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager
authority be granted for payment of the following invoice, namely:-
D. Hatfield, Ltd. - (Works Dept.) equipment rental November 16-30, 1919 $ 23,145.12
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that tenders be awarded for the supply of 'automotive battery
requirements for the year 1980 as recommended by the City Manager and Purchasing Agent on the submitted bid
summary.
-
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that tenders be awarded for the supply of concrete pipe and
manhole sections for the year 1980 as recommended by the City Manager and Purchasing Agent on the submitted
bid summary.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that quotations be awarded for dry cleaning service for the
Police Department for the year 1980 as recommended by the City Manager ,and Purchasing Agent on the submitted
bid summary.
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for the Mayor and Common Clerk to execute on behalf of the City the submitted substitute print with
respect to a waterline along the CP Rail right-of-way between mileages 2.24 and 3.21 McAdam Subdivision,
which was installed by the City in'1912.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, advising that the intersection of Manawagonish Road, Church
Avenue and Main Street has been examined in regard to the request for a split phase operation of the traffic
signals in order to accommodate the left turn from Manawagonish Road to Church Avenue, and a separate left
turn phase is not quite warranted at this time, but since the existing equipment is 20 years old and not
very fl'exible, it is recommended that the intersection be added to the 1980 'capital program for updating the
traffic signals, at an estimated cost of $10,000.00 -- be received and filed and the recommendation adopted.
(Councillors Landers and A. Vincent entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the sum of $5,991.00 which is the share of the City of Saint John for 1980 of the cost of the
Provincial-Municipal Council.
Councillor Landers stated he will vote against the above motion as he does not see any benefit the
City derives from the said Provincial-Municipal Council, although it pays almost 10% of the total cost.
Councillor Wayne stated she will vote in favour of the motion, although she feels the City should have a
representative on the said Council. Councillor MacCallum expressed his agreement with the comments of
Councillor Wayne in this regard.
Question being taken, the motion was carried with Councillors Clark, Landers and MacCallum voting
"nay".
(Councillor Clark withdrew from the meeting)
Notice had been sent to Corporation 4 Holdings Ltd., Mortgagor; and The 'Royal Trust Company,
Mortgagee, to appear at this meeting to show cause, if any, why the building located at 230 Rockland Road
should not be removed or destroyed as a dangerous or dilapidated building. Mr. Lodhi referred to his report
to Council and exhibited photographs of this property. He stated that in his opinion this two-storey wood
frame building is beyond repair, dilapidated and dangerous, being a fire hazard, and he would therefore
recommend that the said building be declared dilapidated and dangerous and the owners be compelled to
destroy or remove this building under the provisions of the 1925 Building Act.
206
.,
"Dangerous & Dilapi-
dated building
\
230 Rockland Road
\
Marie Trainor
Mr. Donald F. MacGowan of the firm of Clark, Drummie & Company, Barristers and Solicitors, was
present at the meeting representing the owners of the above property. Mr. MacGowan stated that during
this past week this building has been totally boarded up with plywood at all the entrances. He pre-
sented a letter from Mr. Walter F. Golding, Manager, W & G Construction Company Ltd., who has visited
this property on several occasions, which states that the building in question is in need of substantial
repairs but in his opinion could be repaired and restored as a sound and substantial building and in his
opinion, based on present day costs of material and wages, the,expense of rehabilitating this building
to an excellent standard would amount to the vicinity of $30,000.00 to $35,000.00. The letter further
states that in Mr. Golding's opinion the recent work of boarding up the building and taking off the
stairways etc. has alleviated the dangers which previously may have existed with regard,to the safety of
the public. Mr. MacGowan stated that this property is the subject of negotiation for sale and it would
be assumed that the new owners would demolish the building for another use for the land and hopefully a
decision on the sale is imminent and shou+d,be rec~ived within,a matter of weeks. He stated his client
believes this building is capable of being rehabilitated and is not a hazard. In reply to queries from
Council members, Mr., MacGowan advised that ownership of this property was obtained by his client in mid-
Mayor June of this year; that his client' is very concerned about the safety factor of this building and
maintaining the precautions which have been taken in boarding up all entrances; and that his client is
Corporation 4 H~ldings Ltd., of which' he is President.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that notice having been given to Corporation 4 Holdings
Ltd., Mortgagor; and The Royal Trust Company, Mortgagee, being the owners, as appears by the records of
the Registrar of Deeds for the County of Saint John, of the building located at civic number 230 Rock-
land Road, in the City of Saint John, requesting that the said owners appear before this meeting of the
Common Council to show cause why the said building should not be removed or destroyed as a dangerous or
dilapidated building, and having considered the report of the Building Inspector; the Common Council
hereby deems and declares the said building located at 230 Rockland Road, in the said City, to be dila-
pidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Corporation 4 Holdings Ltd. and The Royal Trust
Company are hereby required to remove or destroy the said building situate at civic number 230 Rockland
Road, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspec-
tor:
, AND BE IT FURTHER RESOLVED that upon failure of the said Corporation 4 Holdings Ltd. and The
Royal Trust Company to remove or destroy the said building situate at civic number 230 Rockland Road, in
the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause
such work to be done and the cost thereof recovered rrom the said Corporation 4 Holdings Ltd. and The
Royal Trust Company. .
On motion of Councillor A. Vincent
.
~/
I
1
.
Seconded ,by Councillor Knibb
RESOLVED that the matter regarding property at 230 Rockland Road 1
be laid on the table for three weeks in order to give the own~rs an opportunity to dispose of the
property or to submit firm plans to rehabiliate the building.
In reply to a query of Councillor Landers, Mr~ Rodgers stated that a tabling motion is in
order if Council 'so wishes, however, in order for the matter of the Council declaring the property to be
dilapidated and dangerous,to be considered, the. Building Inspector will be required to go through the
proper procedure again regarding notification, etc. Mr. MacGowan stated that on behalf of his client he
could agree to waive the notice requirement in this regard. Mr. Rodgers noted that he understands from
the notices submitted by the Building Inspector that there is also a mortgagee involved and he doubts if
the City could obtain such waiver from that firm.
Question being taken, the, tabling motion was carried with Councillors Gould, MacCallum, Pye,
M. Vincent and Wayne voting "nay".
(Councillor Clark re-entered the meeti~g)
. ,
Mrs. Marie Trainor was present at th~ meeting and read a prepared brief regarding the re-
tirement on' disab~lity allowance of her late husband, Sergeant Kenneth G. Trainor, and which suggests
that monies are owing by the City to the Estate, as outlined in detail in the said brief and accom-
panying copies of correspon~ence. The brief notes, that while Mrs. Trainor realizes the City Solicitor
has recommended that any payment made to the Estate would be an "illegal payment" and that "If Mrs.
Trainor brought an action'against the City and was successful" then such payment by the City would not
be illegal, and Council and the individual Council members would then be in a position to justify the
claim and would not have to be concerned with financial liability exposre", she cannot,.understand how
the correction of a long-standing injustice can be termed "an illegal payment" and as for the ability to
take a legal action,aginst. the City, she asked ,if tpis is any real recourse for a widow receiving less
than a hundred dollars per week.
On motion of Councillor A. Yincent
Seconded by Councillor Murphy
RESOLVED,that the above matter be referred to the Legal Depart-
ment for a report to Counc il wi thin three weeks. 0"'"
The May'or not~d that tqe matter broached by Mrs. Trainor this evening has been heard pre-
viously by this Council and other Councils in the past, however, Mrs. Trainor wished the matter brought
before Council in open session. During discussion of the above presentation, Councillors Landers and M.
Vincent asked the City Solicitor if any' new facts have been ,presented regarding this matter this evening,
and were advised by Mr. Rodgers that he would like an opportunity to examine the brief presented by Mrs.
Trainor. Councillor Pye suggested tqat. the City of Saint John has a moral obligation to Mrs. Trainor to
reimburse her in ,the amount of $6,000.00 plus interest ~or the years 1974 to 1919 inclusive. Several
Council members expressed the opinion that as the Council has previously been advised by the City
Solicitor tnat any' payment in this regard would be illegal, unless there has bee~ new information
presented this evening, the Council 'has done everything it could legally do in this matter.
Question being taken, the motiQn.was carried with Councillors Clark, Landers, Pye and M.
Vincent voting "nay".
.
I
r
I
.
.....
'"
,. ,~;~"~~~;:Y'::;' ,~~-;.~ ~'"h~"
20,7
.
Capital
proj ects
On motion of Councillor Murphy
Seconded by Councillor Gould.
" RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificates in connection with the following named
capital projects:-
\ Robertson Dam 1. Restoration of Robertson Dam
Sunrise Sunrise Contractors Ltd.
, Contractors Current budget allotment $ 50,312.85
Ltd. Total work done, Estimate Number 4 50,312.85 "
Retention Nil
1 j, Payments previously approved 48,861. 66
Sum recommended for payment, Progress Estimate Number 4,
"Fairville Bl v dated December 13, 1919 $ 1,511.19
Molson Ave. 2. Fairville Boulevard, Molson Avenue, Mountain Road,
Mountain Rd. Industrial Drive - Storm Sewer Construction
storm sewer Que-Mar Construction Ltd.
Supply and install approximately 100 feet of storm sewer
Que-Mar Canst Current budget allotment $ 15,245.18
Ltd. Total work done, Estimate Number 4 15,245.18
1 Retention 2,251.31
Payments previously approved 11,988.41
Sum recommended for payment, Progress Estimate Number 4,
dated December 11, 1919 $ 1,000.00
Woodward Ave 3. Woodward Avenue Storm Sewer
\ storm sewer Que-Mar Construction Ltd.
Supply and install approximately 2500 feet of 42-inch
Que-Mar and 60-inch storm sewer
Original estimated value of contract $ 382,213.00
\ Const. Ltd. Total work done, Estimate Number 4 389,352.83
. Retention 58,402.92
Payments previously approved 214,102.25
Sum recommended for payment, Progress Estimate Number 4,
dated December 12, 1919 $ 56,841.66
"Kanes Corner
" Metro COIlst.
I
" Concrete b. ...
cur 5
Maritime
, Formless Ltd
.
,Police Dept.
Security
..... Electronics
Ltd.
1
closed circui
'\. T. V. equipmen
'- Gerald Peer
I
city-owned
..... bui ldings
energy
consumption
review
.
...
4.
Kanes Corner'
Metro Construction (1918) Limited
Reconstruction
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 13, 1919
$ 209,190.20
151,125.88
23,658.88
33,802.16
2,
$ 100,264.24
5.
Concrete Work 1919
Maritime Formless Ltd.
Supply and installation of concrete curb and sidewalk
Current budget allotment
Total work done, Estimate Number 1
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated December 6,
$ 261,238.91
344,120.30
51,618.05
221,153.01
Number 1,
1919 $ 65,349.18
(Councillors Gould, M. Vincent and A. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager advising that in
recent weeks the Police Department, having had to cope with housing high-security type criminals, has
borrowed and installed one camera-and One monitor to cover a portion of the high-security risk area in
detention and the addition of this equipment, although limited in effect due to lack of enough cameras and
monitors, clearly showed the present weakness in this area and the Police Chief therefore recommends that
the City purchase three cameras together with three monitors to adequately cover the high-risk areas, i.e.
the garage door and the loading and unloading area within the garage as it relates to the handling of
..,prisoners, and recommending that the bid from Security Electronics Ltd., in the amount of $5,190.00 for the
supply and installation of closed circuit television , monitoring equipment, be accepted -- be received and
filed and the recommendation adopted.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from the City Manager with regard to Council
resolution of November 19th, 1919 which approved the engaging of Mr. Gerald Peer, Consulting Mechanical
Engineer, to review energy consumption in major City buildings and make recommendations on energy conser~
vation and retrofitting, advising that Mr. Peer has now had an opportunity to look more closely at some of
the City buildings involved in order to define the extension of the work and proposes that the work be done
on a per diem-basis on the minimum rates approved by the Association of Professional Engineers of New
Brunswick with a total budget figure not to exceed $25,000.00, which would include other professional
services as 'may be required in the course of the work; and further advising that the City's current energy
bill for buildings is ,approximately $300,000;00 per year, with an anticipated increase of 30 per cent for
1980, and it is anticipated that savings of up to 20 per cent could readily be achieved -- be received and
filed.
Councillor Landers suggested that the above study should also include City-owned vehicles and
equipment, in addition to buildings. He asked why lighting in the City arenas has been reduced by one-half
during Peewee and Atom level minor hockey games. Mr. Nicolle stated that in an effort to conserve energy in
the City arenas, staff have been asked to reduce lighting for games involving Peewee level and below, with
the results to be monitored by the minor hockey officials, and if it is found there is a hazard, full
lighting can be resumed.
208
.,
tender awarded
'\ lYeh i c 1 es
" Engineering
Dept.
Councillor A. Vincent re entered the meeting
On motion of Councillor Murphy
Seconded by Councillor
.
Green
RESOLVED that tenders be awarded for supplying two cars for the
as recommended by the City Manager and Purchasing Agent on the sub-
Engineering and Works Department
& Works mitted bid summary.
'Union, Local 486
re-zoning
,MacKnight Motors
,Ashburn Lake Road
.Councillor Murphy suggested that application be made. to the Provincial Government for exemp-
..tion of the sales tax on all equipment used for civic purposes.
On motion of Councillor Murphy
I
.Seconded by Councillor Landers
RESOLVED that the letter from the C~ty Manager advising that
since the Local 486 working agreement was signed in July a further review of 'the wording has convinced
both management and Union that certain 'amendments are necessary in order that the intent of the parties
might be properly carried out, which changes are ,briefly outlined in the said letter; and further advis-,
ing that these amendments have'now been reviewed in Committee of the Whole, approved as to form by the
Legal Department, and also have the concurrence of the Union, be received and filed and authority be
granted for the Mayor and Common Clerk to execute, on behalf of the City, the submitted Supplementary
Agreement between the City of Saint John and the Canadian Union of Public Employees, Saint John City Hall
Einployees' Local #486, C.L.C., with respect to the said changes.
.1
Read a letter from the City Manager with regard to the re-zoning application of MacKnight
Motors Limited regarding property on Ashburn Road, which was referred to staff on July 23rd last to try
and negotiate a reasonable solution, advising that his office has met with Mr. MacKnight on several
occasions since the passing of that resolution and Mr. .MacKnight has since stated his agreement with the
eleven conditions set by the Planning Advisory Committee; further, in August, his office met with Mr.
MacKnight's insurance agents in order to assist in the setting up of a performance bond which proved to
be a,somewhat difficult task because the insurer did not feel Mr. MacKnight had sufficient cash resources
to meet the conditions of the bond - an examination of Mr. .MacKnight's books has now been completed and
the insurer is willing to accept the risk in the posting of a $5,000.00 performance bond, which effectively
removes the last remaining obstacle in the protracted negotiations with MacKnight Motors, and the delay
in obtaining the bond will necessitate some changes in the dates within which Mr. MacKnight had promised
to complete the various conditions. The letter states that the hedge which Mr. MacKnight had promised to
begin in 1919 with completion in 1980 will have to be changed to 1980 and 1981 respectively and the
Planning Advisory Committee has specified a cedar hedge, and pointing out that the Irving Group has a
tree at its Sussex, N. B. nursery which has indicated unusual growth properties and these, as well as the
cedar trees, would provide an effective hedge at a much faster rate'than that proposed by the Planning
Advisory Committee - these trees might also be planted in 'other locations throughout the site to provide
more. effective screening from the Throughway and Jones Drive in order to further enhance the conditions
demanded by point 6 of the Planning Advisory Committee's recommendations; insofar as the fence which is
demanded in point 10 is concerned, time and season would'necessitate that Mr. MacKnight be given until
the spring of 1981 to complete the fence. The letter further advises that in considering this request
for re-zoning and Mr. MacKnight's agreement to the eleven points brought forward by the Planning Advisory
Committee, it should be remembered that the visible pollution will be cleaned up considerably and employ-
ment will continue to be offered in the area; furthermore, the granting of this request,for re-zoning,
under the recommended conditions, will finally permit MacKnight Motors to. obtain the electrical hook-up
which is needed to begin clean-up operations as well as process cars more rapidly so they do not remain
as visible pollution. The letter recommends that re-zoning be granted MacKnight Motors for their property
on the Ashburn Lake Road in accordance with the eleven conditions stipulated by the Planning Advisory
Committee.within the established time frame and agreed upon by Mr. MacKnight.
.
1
Councillor Murphy proposed a motion, which was seconded by Councillor Wayne, that the recom-
mendation contained in the above' letter be adopted. Mr. Rodgers advised that the first advertisement
with respect to this proposed re-zoning took place more than six months ago and as a result the Community
Planning Act states that if a by-law is not enacted within six months from the date of the first adver-
tisement then the advertising has to be repeated and a public hearing set. Councillor Clark stated he
understood the original advertising was for re-zoning of 90 acres and a reduced area for re-zoning has
been agreed to, which would also mean re-advertising would be necessary. Mr. Rodgers noted that any
advertising would be changed to reflect the reduced area referred to by Councillor Clark. Regarding the
, reason for the' delay in this re-zoning, Mr. Farren stated that one major delay in bringing this item
before Council was in attempting to provide a bond, which was one of the conditions set out by the
Planning Advisory'Committeeas 'a condition of the said re-zoning. During further discussion, Mr. Rodgers
advised that under the Community. Planning Act, the. matter will have to be considered as a new appli-
cation, and therefore it is required that the matter be referred to the Planning Advisory Committee for a
report and recommendation in addition to the advertising, and the act requires Council not to make a
decision regarding re-zoning prior to the publlc hearing. Councillor Landers suggested that this item
should be added to the agenda of the Planning Advisory Committee meeting to be held tomorrow in order to
expedite the matter. . .
.
I
(Councillor M. Vincent re-entered the meeting during the foregoing discussion.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
'RESOLVED that' the above letter from the City Manager be received
and filed:
- "
AND FURTHER that the 'matter of re-zoning of property on Ashburn Road, as requested by MacKnight I
Motors Limited, be referred to the Planning Advisory Committee for a report and recommendation and . '
authority be .granted for the necessary advertising in this regard.
Councillor Wayne asked if the approximately 10 acres of land was agreed on as the area which
should'be re-zoried, and was such information conveyed to the Council previously. Mr. Winch advised that
basically the original recommendation of the Planning Advisory Committee regarding.re-zoning of this
property was negative, and when Council suggested it would be prepared to approve the re-zoning subject
to an agreement, the Committee suggested a number of conditions - the Committee of course was never in
favour of the application but said if the ,Council was favourable to the'application they suggested the
eleven conditions and this information was forwarded. to Council. Regarding the possibility of the re- .
zoning being considered by ~he Planning Advisory Committee at its meeting tomorrow evening, it is pos-
sible for the matter to be 'tabled - the Committee will not normally deal with it, however, until it is
circulated itself'and' is' subject to a staff report ~ they may vary the procedure in this instance but
...111
,...
"
"
.2.09
.
Commi ttee of
" the Whole
Report
1
Preservation
\ Review Board
'G. Forbes Elliot
Michael Mabey
, Joan Pearce
'Philip Massey
I'Kenneth Larsen
,Grant
S.J. Housing
, Commission
'Counci 1 Proced-
, ures Comm..'
progress
"
payments
.
Bourinotts
, Rules of Orde
I
, Grants
Cherry
, Zoo
Brook
Duke of
, Edinburgh's,
Fifth Common
wealth Study
Conference
.
1
I
.
..
that is the Committee's procedure. In reply to a further query of Councillor Wayne, Mr. Winch stated that
information as to" the reduced area of land to be re-zoned was transmitted to Council previously.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
report s
Your Committee begs leave to report that it sat on Monday, December lOth, 1919, when there were
present Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum and M.
Vincent, and your Committee submits the following recommendations, namely:-
1.
That the following appointments be made to the Preservation Review Board:
Deputy Mayor G. 'Forbes
Mr. Michael Mabey
Mrs. Joan Pearce
Mr. Philip Massey
Mr. Kenneth Larsen
Elliot - one-year term
- one-year term
- two-year term
- two-year term
- three-year term
2. That the letter from the Saint John Housing Commission requesting a grant from the Common Council in
the amount of $1,000.0'0 for operating expenses for the Saint John Non-Profit Incorporated, be received and
filed and the request be granted.
3.
That the following recommendations of the Council Procedures Committee be adopted, namely:-
(a) That progress ,payments for contracts that have been awarded by
Council only be placed on the Council agenda for approval of
the final progress estimate and also for release of the holdback.
(b) That change orders resulting in additional costs on contracts be
forwarded to Council as they occur for information and summarized at
the time of the submission of the final progress estimate.
(c) That Bourinot's Rules of Procedure be adopted as procedures for
Common Council.
(d) That members of Council requlrlng information make a request of
the City Manager for same and if no satisfactory answer is received
after a period of two weeks, then such matters are to be placed
before CO'IDC il.
(e) That a brochure be prepared for members of Council on procedures
being followed as per various Provincial statutes.
4.
projected
That the City of Saint John make a grant to Cherry Brook Zoo in the amount of $31,500.00, being the
deficit for the current year.
5. That the City of Saint John host an official dinner and reception in connection with the visit to
the City from May 20th to 23rd, 1980 of a group of sixteen business people from various Commonwealth countries
as part of HRH The Duke of Edinburgh's Fifth Commonwealth Study Conference.
Saint John, N. B.,
December 11th, 1919.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that section 2 of the above report be adopted.
(Councillor Gould re-entered the meeting)
Considerable discussion ensued with respect to section 3 of the above report. Councillor Landers
steted he does not agree with item (d) and therefore will vote against the procedural changes and as an
elected representative a procedure will never stifle his attempts to obtain information. Councillor Wayne
asked if there will be instructions to the Common Clerk if item (d) is adopted that he will ask a Councillor
if he has followed this procedure and if not, such item will not be placed on the agenda. Deputy Mayor
Elliot, Chairman of the Council Procedures Committee, stated that that was the intention of that Committee in
submitting this recommendation. Councillor Wayne stated she does not believe all Councillors will follow that
procedure and therefore she will vote against the recommendation. Deputy Mayor Elliot stated that he hoped
CouncillorS will follow this procedure in an attempt to expedite matters to enable Council to deal with long-
range policies and planning, rather than with items which can be resolved. Councillor Wayne suggested that
this procedure puts the Common Clerk in a very awkward and difficult position. Councillor Landers asked the
City Solicitor if anybody has the right to deny a Councillor to place a matter on the agenda. Mr. Rodgers
replied that the Common Clerk prepares the agenda and if Councillor Landers is anticipating a resolution of
Council to prevent that, he can only say that Council can do that. Councillor Councillor A. Vincent stated
that he could not approve recommendation (a), as Council,members would not have an opportunity to question
such progress payments. Deputy Mayor Elliot stated that it was the intention of the Committee that progress
payments would take place automatically without prior approval of Council, but that Council would receive
documentation for information purposes regarding such payment. Councillor Wayne stated she also could not
agree with this recommendation. Deputy Mayor Elliot noted that this recommendation has been before Council
for at least the last six months. Councillor M. Vincent, a'member of the Procedures Committee, stated that
the Committee attempted to submit recommendations to streamline Council meetings and to keep the Council
agenda within a workable level, and in support of clause (d), it was never the intention of the Committee to
stifle Council members - the only people who can make these procedures work is the. Council themselves - if
210
.,
information is not forthcoming from staff, Council members can certainly place such items on the
Council agenda. Regarding the matter of progress payments, he stated Council now finds itself admin-
istering the operations of the City when they become in detailed discussion on such items, and our
role is to set policy. .
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that section 3(a) of the above report be adopted.
Councillor Wayne stated that she believes this item was before Council some months ago and
she voted against it at that time and 'will continue to oppose such action for the same reasons as
stated at this Council meeting by Councillor A. Vincent. Councillor Knrbb stated he will also oppose
the above recommendation.
Question being taken, the motion was carried with Councillors Knibb, Landers, ,Pye, A.
Vincent and Wayne voting "nay".
On motion of Councillor Gould
I
'Seconded by.Councillor Elliot
RESOLVED that section 3(b) of the above report be adopted.
Question being taken, the motion was carried with Councillors Knibb, Landers,.A. Vincent and 1
Wayne voting Hnay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that section 3( c1' of the above report be adopted.
Coun~illor A. Vincent voted "nay" to the above motion.
On motion of Councillor Gould'
Seconded by Councillor Elliot
RESOLVED that section 3(d) of the above report be adopted.
Question being taken, the motion was carried with Councillors Knibb, Landers, Pye, A. Vincent
and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that section 3(e) of the above report be adopted.
.,
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that section 4 of the above report be a~opted.
Councillor MacCallum stated he will vote. against the above recommendation as he feels such
monies would be better spent on youth facilities, especially in the eastern section of the City, on
senior citizens, or on various groups of disabled persons in the City. Councillor Landers spoke in
support of the recommendation and in, support of the Zoo operation, which he feels is a worthwhile
project, both fo~ the citizens. of Saint John and the tourist industr~ of the City. Councillors Green
and Murphy also spoke in support of the recommendation. In reply to a query of Councillor Wayne, Mr.
Park advised that including the above sum, a total of approximately $89,000.00 has been granted by the
City toward the Zoo operation for 1919.
Question being taken, the motion was carried with Councillors MacCallum, Pye and Wayne
voting "nay".
On motion of Councillor Murphy
Seconded ,by Councillor Gould
RESOLVED that section 5 of the above report be adopted.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Murphy
\
Sand Cove Road
railway crossing
Seconded by Councillor Wayne
RESOLVED that an approach be made by the City to the proper
officials to have flashing lights installed at the railway 'crossing on Sand Cove Road, near the Dr.
William Roberts Children's Hospital.
(Councillor Gould withdrew from the meeting)
On motion of' Councillor Pye
\ buses
Seconded by Councillor Murphy
RESOLVED that the City Manager be' requested ,to refer the matter
of the lack of winter traction tires on City 'buses 'to the appropriate City staff for proper and
immediate action.
.
I
.
I
I
, Councillor Wayne, a member of the Saint John Transit Commission, advised that this matter is
being dealt with'by the Commission. Councillor Clark, Chairman of ,the Commission, suggested that the
Common Clerk should be directed to refer ,such 'matters dtrectly to the Transit Commission, rather than
such items being placed on the Council agenda. Councillor MacCallum suggested that such matter should .
be referred to the Transit Commission for appropriate action rather than through the City Manager, as
<the City Manager has' no control over the Commission.
" (motion lost)
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot,
Green, Knibb, MacCallum, A. Vincent, M. 'Vincent and Wayne voting "nay".
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the matter of the lack of ~inter traction tires on
....
I'"
~. .~,.,-
.~
,..:"""~- ~~-; ~." ,.~
211
.
Kennebecasis
Valley
Commuter
\. Services
Committee
I
" (motion lost)
I
,
re-zoning
"Food City Lt
"Grand Bay
.
re-zoning
Elizabeth
" LeBlanc
"213 Ludlow St
,
River Road
Ratepayers
Assoc.
fire station
1
, River Road
Ratepayers
Assoc. '
speed limits
.'
Minister of
Environment
I
" Canada Wire
Cable Ltd.
I
Purchase of
Property
"
951 Fairvill
Blvd.
.
lo.
City buses be referred to the Transit Commission.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the correspondence from the Kennebecasis Valley Commuter
Services Committee, submitting two alternatives for a suggested layout for a newspaper advertisement to
determine the degree of interest in such a service, and requesting the City's authorization for participation
in such advertisement and for the City's preference of the two advertisements submitted, be received and
filed.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Green,
Knibb, MacCallum, Pye, A. Vincent and M. Vincent voting' "nay"..
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that the request of the Kennebecasis Valley Commuter
Services Committee that the City participate in a newspaper advertisement to determine the degree of interest
in such a service be complied with, and that the said Committee be advised that the City prefers the second
advertisement as submitted.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the application from Food City Limited for re-
zoning of property in Grand Bay, which is located on the boundary of the City of Saint John and the Village
of Grand Bay and formerly owned by Mr. William K. Usher, be referred to the Planning Advisory Committee for
a report and recommendation, and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the application from Elizabeth LeBlanc for re-zoning of
property, ,213 Ludlow Street West, be referred to the Planning Advisory Committee for a report and recom-
mendation, and that authority be granted for the necessary advertising in this regard.
On motion, of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from the River Road Ratepayers Association
ac.vlslng that at the present time the area has less fire protection than prior to the "Mutual Aid Agreement"
and requesting a fire station to be located in Morna which could be manned adequately in order to safeguard
the lives and properties in the area, be referred to the City Manager for a report and recommendation.
Councillors Murphy and M. Vincent noted that there was an agreement made by previous Councils that
following the construction of a fire station in the eastern section of the City, the above area would be
examined for consideration for a fire station.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from the River Road Ratepayers Association
requesting that.a'50 k/mh maximum rate be maintained from the Acamac Backlands Road to the Martinon cut-off,
to ensure the safety of school children who await school buses in large numbers, be referred to the City
Manager for referral to the proper authorities concerning speed limits in this area,
On motion of Councillor Murphy,
Seconded by Councillor Pye
RESOLVED that the letter from The Honourable Eric J. Kipping, Minister
of the Environment, addressed to the Mayor, regarding the City's eastern watersheds, be received and filed
and the City continue its practice of purchasing properties in the watershed area as they become available.
Councillor A. Vincent suggested that there should be some financial assistance from the Provincial
Government regarding the watershed areas.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that an item with respect to the Canada Wire & Cable Limited
property on Fairville Boulevard be added to the agenda and considered 'at this time.
The Mayor advised that a special Council meeting will be held on Thursday, December 20th, 1919 at
2.30 p.m. to consider the City's 1980 operating budget.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising that on
October 19th, 1919 the City and Canada Wire & Cable Limited entered into an Agreement of Purchase and Sale
for property owned by the company at 951 Fairville Boulevard, which Agreement was subject to three con-
ditions, with the City having until December 15th, 1919 to decide whether the conditions were satisfactory;
further advising that it has been determined that the necessary funding is available from the appropriate
Provincial and Federal authorities, and that the soil tests and other studies relating to the suitability of
the land and building are positive; and in view of the Agreement of Purchase and Sale already executed and
the conditions being found satisfactory, it is now necessary for Council to ratify the purchase for the sum
of $800,000.00 as the price contained in the Agreement of Purchase and Sale -- be received and filed and
Council ratify the purchase of property at 951 Fairville Boulevard from Canada Wire & Cable Limited, for the
sum of $800,000;00.
Councillor M. Vincent- stated that he cannot support-the acquisition of this property, and he feels
the transit operation 'could have remained at the present location for a period of time and a more suitably
located site at a lesser cost for land, maybe a greater cost for building the type of structure we require,
could have been developed, although he is satisfied that the Commission will finally have a location to
operate from, he cannot support this purchase. Councillor A., Vincent stated he does not believe the City
" 212
"
has satisfied all the conditions of the Agreement and his information' is part of the building would have to
be torn down and therefore is not suitable for a bus garage without the City spending a considerable amount
of money, and therefore he will vote against the motion~ He further stated that he does not feel the City
should spend $800,000.00 to force an industry out of business, and also that the location is wrong for a b~
garage due to the "deadheading" costs. Deputy Mayor Elliot noted that a special meeting was called for
Friday of last night to discuss this matter, and as a quorum was not at that meeting, there was no alter-
native for the City except to honour the agreement which had been signed by the City. He felt that it is
important that the citizens are made aware of the consUltants report received regarding converting this
building for use a's a transit garage. Councillor MacCallum agreed that this matter could have been further
discussed if a quorum had been present at the special meeting, and therefore the City had 'an obligation to
comply with the Agreement of Purchase and Sale, and a recommendation was also received from the Transit
Commission"~avouring this site. Councillor Clark, chairman of the Transit Commission reported on efforts and
difficulties encoUntered in obtaining a location for the transit operation, and also reported on the c I
consultants report received regarding the Canada Wire building. During further discussion, Councillor A.
Vincent stated he feels the City is paying too much money'for the 'above. building, and stated his opinion
that all of the conditions of the Agreement have not been met. Councillor Wayne stated that the consultants
have told both the Commission and the City that this building can be converted into an excellent transit
facility, and for that reason and that reason only, the Commission recommended the purchase of this pro-
perty.
Question being taken, the motion was carried with Councillors Green, A.' Vincent and M. Vincent
voting "nay".
On motion
. The. meeting adjourned.
~I:;t
, Common cJjf-
At. a Common Council~ held at the City Hall, in the City of Saint John, on Thursday, the
twentieth day of'December, A. D. 1919, at 2.30 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark; Elliot, Gould, Green,'Knibb, Landers, Murphy,
MacCallum, Pye,'M. Vincent'and Wayne
- and -
Messrs~ A. G. McDermott, City'Manager~ R. Park,'Commissioner of Finance,
N. Barfoot, Assistant City Mitnager, C. E. Nicolle, Director of Recreation
and Parks, D. Wilson, Deputy Commissioner of Finance, and B. Belyea,
Budget Officer
"-
Budget
Read a letter from the City Manager submitted the 'Revenue and Expenditure Estimates for
1980 ,with comparisons for 1918 and 1919 for thecurrenting operating budget and the Water and '."
Sewerage budgets. The letter states that the Provincial limitation this year on the increase in net
expenditures for all municipalities, in line with the 'forecast increase in Provincial revenues, is
11.3% and the Departmental'Directors were requested to' hold their budgetary increases to 1% for all
items except wages (for which the increase had already been determined by agreed wage and salary
settlements) - the budget is therefore up by 11.3% over '1919, but because of an increase in the
assessment base, made up partly from new assessment and partly from a general reassessment, and also
because of an increase in the unconditional grant, the tax rate is down by 4.3% to $1.1566 per $100
assessment. The major increases in funding are being provided to two Commissions in 1980; the
Transit Commission, in its first full'year of operationg, is projecting a deficit of $1,128,000 and
the increase over the 1919 budgeted deficit of $658',000 results from a full year of bus leasing and
garage leasing, together with the losses generated by service expansion in East Saint John and by
reduced fares'for senior citizens; the Parking Commission's funding has also been increased to
$200,000 to provide for one-third of the deficit incurred in the operation of the Chipman Hill
Parking Garage, together with a grant to cover municipal real estate and business taxes - the oper-
ational deficit is provided for by a transfer out of parking meter revenues. The letter' notes that
departmental increases for new programs and personnel have generally been minimal and outlines the
new positions required. Non-Tax Revenues are forecasted to increase by 25% in 1980 and the 1918
surplus of $298,315 which.is required to be included in the 1980 budget, also has contributed to the
increase .'in Non-Tax Revenue. The letter advises that the Provincial Unconditional Grant percentage
has increased again this year from 51.91% in 1919 to 58.01% in 1980 and the actual grant to the City
has increased from '$15,291,021 to $17,161,715, an increase of $1;876,694, or 12.3%. The municipal
assessment base has increased from $1,458,435,210 to $1,665,482,140, an increase of 14% and the
warrant, which is the amount to be raised by the municipal tax rate is $19,265,259, and when this is
applied against the tax base, a tax rate of $1.1567 'per' $100 asses'sment.'is required and in accordance
with Council's policy, all properties now pay the Same tax rate regardless of their location within
the City.
During discussion ofthe"City's 1980 operating budget, Councillor Knibb expressed his
objection to the additional personnel as 'noted in the letter from the City Manager. Mr. McDermott
reviewed the 16' extra positions provided for in the 1980 operating budget, which is just less than
.2% of an.increase over the present establishment of 950 employees. In'reply.to a query of Councillor
Wayne, Mr. McDermott advised that a system of having an employee "pool',' is now being done in the
Planriing Department and if found worthy it will.be used in.other departments as well. Councillor
Murphy commended 'the City Manager and departmental'directors for keeping their increase down to 1%
and stated that this is an optimistic budget which augers well for the City., Regarding the additional
positions in the City's establishment as broached by Councillor Knibb, Deputy Mayor Elliot noted that
there was a very close scrutiny of requests for additional employees during budget meetings, and such
positions were justified by both the City Manager and the directors concerned. Councillor Landers
stated he will vote against the 1980 budget again this year as 'he feels that by charging the outlying
areas of the.City the same rate as other parts of the City, while such areas do not receive the Same
degree of services, only encourages people to move outside the City limits. He also spoke regarding
the increases caused by transit operations, and regarding the increase to the Parking Commission,
I
.
1
.
1
I
.
....
,...
,.... """'.-'.7;,',-,'O",.('","~ --~:: ->!''''__''',;~'''''"".
213
Tax
Rate
stated he feels this is wrong as the 'City has not helped merchants in other areaS 'of the City to acquire
parking spaces for their c'ustomers> ,CoUricillor "Clark, Chairman of the Transit Commission, gave a breakdown
of increased costs for transit operations for 1980 and stated that the City has taken a stand that the City
needs a bus service and the Commission is trying to provide the best service within the means available.
Councillor MacCallum spoke in support of the increase to the Transit Commission, noting that this is a
service that must be provided for our citizens, whether such service operates at a profit or a loss.
Councillor M. Vincent stated that the increase in the City's assessment base is a key factor in the 1980
budget and should give ~otivation to the City in attempting to encourage new industries for the City, which
also increases employment. He stated he will ,support the bUdget although he does not accept the uniform tax
rate for all areas of the City. Deputy Mayor Elliot stated he favours the uniform tax rate noting that
citizens in the outlying areas of the City do not pay for water and sewerage and from his personal experien0e'
..~ .
he has found that properties in these areas are also assessed at a lower value than those in other areas of '
the City. Councillor Green stated he is pleased with the budget and that the City Manager and Directors'
should be commended for their efforts. Councillor Pye inquired if funds have been made availab}e~fors
transit service in new areas on a trial period, such as Latimer Lake, Silver Falls Park and Golden Grove
Road. The Mayor stated he believes funds have been made available in the Commission's budget for such
expense. Councillor Wayne, a member of the Transit Commission, reported on discussions and action taken by
the Commission in attempting to provide transit services in the areas referred to by Councillor Pye, as well
as other areas.of the City. Regarding an item contained in non-tax revenue for rentals at the Cedar Point
Trailer Park, Councillor Wayne stated she would hope the sale of the lots in this Park would be finalized by
the end of 1980 and she would appreciate an up-to-date report from the City Manager as soon as possible on
the sale of such lots. She also noted that although the tax rate has been reduced, the City has been
advised that there is an increase in Provincial assessments, and therefore same citizens may receive a
higher tax bill in 1980. Councillor MacCallum suggested that Council should make a special effort to do
something for persons in the outlying areas in the way of increasing services. The Mayor noted that this
year the City's budget has been increased by the maximum permitted by the Province and noted that under the
present system, the City budgeted less for 1919 than was permitted, which penalized the City this year
approximately $452,000 and under this system, it is very tempting for cities to budget to the maximum
allowable each year.
,
Budget
.
I
1
On motion of Councillor Gould
.
Seconded by Councillor Wayne
RESOLVED that the amount of $39,859,589 be adopted as the estimate
, required for the operation of the City of Saint John for the year 1980 as follows:
General Government
Protective Services
Transportation Services
Environmental Health Services
Environmental Development Services
Recreation and Cultural Services
Fiscal Services
$ 3,124,650
13,163,600
10,979,600
1,148,300
2,195,200
3,342,539
5,305,100
$ 39,859,589
I
- a more detailed breakdown of the above estimate is attached and forms a part of these minutes.
Regarding increasing transit services to other areas of the City, Councillor Green stated he hoped
consideration would be given to the Lorneville area. Councillor Knibb stated he will oppose the above
motion as it is against the present policy of cut-backs.
Question being taken, the motion was carried with Councillors Knibb and Landers voting "nay".
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the amount of $3,426,615 be adopted as the estimate for
Non Tax Revenue for the year 1980, a more detailed breakdown of this estimate is attached and forms a part
of these minutes.
.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the estimate of expenditure for Water Supply for the
year 1980 in the amount of $4,501,650 be adopted - a more detailed breakdown of the said estimate is attached
and forms a part of these minutes.
Deputy Mayor Elliot stated he feels the public should be made aware of the fact that a review of
the water and sewer rates is being contemplated by the City.
I
On motion of ,Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the estimate of expenditure for Sewerage Collection and
Disposal for the year 1980 in the amount of $3,601,300 be adopted - a more detailed breakdown of the said
estimate is attached and forms a part of these minutes.
I
On motion of Councillor Gould
Seconded ,by Councillor Wayne
RESOLVED that the Provincial Unconditional Grant of $11,161,115 be
incorporated in the 1980 budget.
On motion of Councillor Gould
.
Seconded by Councillor Wayne
RESOLVED that the estimate required to be raised by levy on real
property and business assessment liable to taxation under the Assessment Act within the City for the year
1980, be adopted in the amount of $19,265,259:
AND BE IT FURTHER RESOLVED that the rate at which the amounts comprising the above estimates is to
110...
214
.,
"
Stephen Constructio
'D. Hatfield Ltd.
Whitehall Lunch
" Club
, Saint John Port Day
'\ tender awarded
,tires
'tender awarded
"\ vehicle
"leasing of vehicles
"tender awarded
.......... sand, gravel, loam
be levied be fixed at 1.1561 on each 100 valuation of all such 'real property and business assessment
liable to taxation under the Assessment Act 'within the municipality of The City of Saint John.
Question being taken, the motion was 'carried with Councillors Knibb, Landers and M. Vincent .
voting "nay".
On motion
The meeting adjourned.
~
1
At a Common Council, held at the City Hall, in the City of Saint John, on Th~sday, the
twenty-seventh day of December,' A.D. 1919, 'at 1.30 o"clock p.m.
, pres'ent
Samuel Davis, Esquire, Mayor
I
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye,' A. Vincent and Wayne '
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F.. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, J. F. Ross; Chief of Police, H. B.' Steeves, Deputy Building
Inspector, J. Brownell, Assistant Director of Recreation and Parks,
R. Thompson, Chief, Rehabilitation Services and E. Farren, Executive
AssistaDt to the City Manager
.
Councillor Murphy offered prayer ,which, opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held~
on December 11th, be confirmed.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held
1
on December 20th, be confirmed.
On motion of' Councillor Murphy"
Seconded by Councillor Gould
. ' RESOLVED that as
be granted for payment of the following invoices, namely:-
Stephen Construction Company Limited, - supplying asphalt
D. Hatfield, Ltd.- (Works Dept.) equipment rental
recommended by the City Manager, authority
. December 3-13, 1919
November 16-30, 1979
$10,981.38
$ 6,715.59
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that authority be granted for payment of the invoice
in the amount of $6,481.11 from Whitehall Lunch Club, New York, covering expenses of holding Saint
John Port Day in New York on November 15th, 1919, and that one-half of this expense be billed to the
National Harbours Board.
.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that bids be awarded for supplying the City's tire
requirements for the year 1980 as recommended by the City Manager and Purchasing Agent on the submitted
bid summary.
I
Councillor Murphy asked who will be grooving the tires and Councillor Clark replied that
City Transit will do it themselves.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED'that as recommended by the City Manager and Purchasing
Agent, the bid of ,Lawson Motors Ltd., in the amount of $5,681.28, be accepted for supplying one automobile.
1
The question arose as to who would be using the' automobile and the City Manageryreplied
that the Safety and Personne~ Officer as well as the Alcoholic Treatment O~ficer.
Councillor Gould ~uestioned the change in city policy of using old police cars to which the
City Manager replied that the report of Stevenson and Kellogg questioned the economics of using them.
Councillor A. Vincent asked if the city would be looking into leasing vehicles before
calling. any more tenders and was advised: that St~vensoh & Kellogg found there was no benefit in leasing.
On motion of Councillor Murphy
.
(:1
'Seconded
by Councillor Pye
RESOLVED that tenders be awarded for supplying
1980 as recommended by the City Manager and Purchasing Agent on
sand, gravel,
the submitted bid
loam, etc. for the year
summary.
....
,...
. ,
"'-,OT''j''-
'-7"""- ,'_.~ ~
.215
.
,tender awarde
equipment
\ rental
I
\ tender awarde
camps at
Third Loch
\ Lomond
1
.
Somerset
Street
, Social &
Recreational
Centre
I
, NBHC
118 Bridge
\ Street
demoli tion
'\, Paul's Truck-
ing Ltd.'
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that tenders 'be awarded for providing rental equipment for
the year 1980 as recommended by the City Manager and Purchasing Agent on the 'submitted bid summary.
Councillor Landers asked what procedure was followed when two companies submitted the same price
to which Mr. MacKinnon replied that in the past the city has split the work between the two companies.
On motion of Councillot Murphy
y
Seconded by Councillor Pye
RESOLVED that as recommended by the City Manager, the highest bids
received for the sale of two camps located on property recently purchased by the City on the Third Loch Lomond,
be accepted, namely, that of Mr. 'James O'Hara for $555.00 for the large camp, and Mic. Vernon O'Dell for $126.00
for the small camp, the sale of such camps being subject to the following conditions: (1) that the buildings
will be removed and the site left clean within six months of the awarding of the tender - if they are not so
moved, the City may reoffer them for sale, and will return only that portion of the purchase price that is
covered by any new offer; (2) that a deposit of $100.00 be requested to guarantee the lots will be left in a
clean condition; (3) the City will not be responsible for any damage that occurs to the buildings ,after the
sale is finalized; (4) full payment is due within 15 days of the awarding of the tender by Common Council;
and '(5) the buildings will be removed to some location outside the boundaries pf the Loch Lomond watershed.
Councillor Murphy asked, if there were any legal costs involved in the purchase and sale of
these. Mr. Rodgers replied that only the normal departmental costs are involved for a Surrender of Lease and
usual closing costs.
Councillor Clark stated he feels the bids are low for these particular camps if consideration
is given to the fact that one camp has one year unexpired term and the other seven years and he cannot
support the sale.
Councillor Vincent noted that the bidder has to remove the buildings and clean up the site.
Question being taken, the motion was carried with Councillor Clark voting "nay".
On motion of Councillor Murphy
\1
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager advising that in
1912 the City agreed to pay 10% of the cost of construction of the Somerset 'Street Social and Recreational
Centre, in partnership with C.M.H.C. and N.B.H.C:; further advising that the Centre was completed in 1915 and
a progress payment on account of the 10% share was made in February 1916, however, because the City was never
given the final cost figures until a short time ago, the final payment was never made and the submitted invoices
represents the final payment on this project -- be received and filed and authority be granted for payment of
the invoice from the New Brunswick Housing Corporation in the amount of $9,463.11:
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and Building Inspector
regarding the request made at Council's December 3rd meeting by Councillors Green and MacCallum with respect
to the condition of the lot at 118 Bridge Street after the building was demolished under the provisions of
the 1925 Act by the demolition contractor, Paul's Trucking Ltd., advising that it is felt that the contractor
fUlfilled,his obligation regarding side embankment fill, clean-up of the' lot, and spread of gravel, however,
other contractors have used this lot and efforts are being made to, have these contractors clean up this lot,
be received and filed.
Councillor MurphY requested a report on clean-up of a lot located at the foot of Milford
Road which was destroyed by fire.
Discussion ensued with respect to the common wall between 118 Bridge Street and 11-15 Main
11-15 Main St Street. Mr. McDermott advised that there had been an agreement between the two property owners with respect
to the common wall and when the city demolished one building it then took over their responsibilities. The
City has to leave the wall in at least as good a condition as it would have been if the building had not been
taken down. It was necessary for the city to do repair work on the wall because some of the beams were
inserted into the brick work of the common wall and they could not be left exposed.
.
I
,
< a~diting,
\ insurance &
. banking
services
I
'Commercial
Union
Assurance Co
.
..
Councillor Landers pointed out that the report does not indicate the cost to repair the common
wall and it probably costs mOre than demolition of the building. Mayor Davis noted that these repair costs
would be added to the demolition cost.
~
Question being taken, the motion was carried with Councillor MacCallum voting- "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the recommendation from the City Manager that the
letters dated December 19th and December 20th he had received fram R. Park, Commissioner of Finance regarding
subject of calling for tenders for insurance, banking and auditing services be received and filed:
AND FURTHER BE IT RESOLVED that the recommendation of the City Manager that the city's insurance
for 1980 be renewed and the following premiums with Commercial Union Assurance Company be approved for payment,
namely:
Fire Insurance
Fleet Insurance
Comprehensive
Liability Insurance
$65,058
85,324
108,198
TOTAL
$259,180
Councillor MurphY requested he be supplied information with respect to the commissions paid to
the brokers and agents per year.
Councillor Landers expressed his concern for information relating to banking and auditing
services and Mayor Davis advised that a report will be forthcoming.
216
"
brief re taxi
industry
\
taxi meters &
zone fares
Municipal Plan
By-Law
\
Loch Lomond Road
'Moose Mountain Farm
" Zoning By-law
'-Loch Lomond Road
, Moose Mountain
Farms
Municipal Plan
"
By-Law
integrated
"
development zones
'- Zoning By- Law
'- integrated
development zones
money in lieu of .
" land
HOllingworth Turner
subdivisioIl}
Councillor Elliot noted that Mr. Park's letter referred to the increase in'premium
cost to be attributable to a combination of the industry trend and the City's own unfavourable claims
record and asked what steps are being taken to improve the City's record. Mr. Park replied that a
program is being set up directed by the City Manager's Office through the Safety Officer which will pay ...
closeT attention than in the past to driver performance where'it appears the driver is at fault and may
benefit from some further training Or in extreme cases being removed from driving.
Councillor A. Vincent suggested the city take a close look at setting up its own insur-
ance account within the next year. The Mayor noted that information could be gathered as to how other
large firms do this.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the report of the City Manager on the brief and
recommendations on the taxi industry which was referred to him at the Common Council meeting of October 1,
1919 be received and filed and his recommendations as listed below be adopted:
1
1. That meters and zone fares continue to co-exist, and that the hourly rate
for meters be changed from'$15.00 to $9.00 per hour.
2. That further investigation be made of the need and enforceability of safety
inspection for taxi cabs.
3. That no action be taken to limit the number of taxi owners' licenses.
4. That mOre positive identification of drivers be provided for.
5. That the By-Law be strictly enforced.
1
During discussion on the recommendations of the City Manager, Councillors made various
suggestions as follows: (1) that the City should not conduct taxi safety and road worthiness inspections
as it was felt this was a provincial responsibility; (2) that taxi inspections should be more frequent
than one a year; (3) that consideration should be given to increasing the rates for taxi licenses; and
(4) that a further report will be received from the City Manager following further checking on various
meter rates.
Councillor Landers 'proposed a motion, which was not seconded, that the hourly rate for .
meters be changed from $9.00 per hour to $12.00.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the
Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the
Future Land Use Plan to reclassify a 2.5 acre parcel of land, with a frontage of 350 feet, on the south
side of Loch Lomond Road, east of the Hickey Road (being the northwesterly portion of land having
L.R.I.S. Number 426486) from Low Density Residential to District Centre Commercial, be read a third time
and enacted and the Corporate Common Seal affixed thereto.
1
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the
Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending
Schedule "A" of the Zoning Map of the City of Saint John, by re-zoning a 2.5 acre parcel of land, with a
frontage of 350 feet, on the south side of Loch Lamond Road, east of the Hickey Road (being the north-
westerly portion of land having, L.R. I. S. Number 426486) from "RS-2" One- and Two-Family Suburban Residen-
tial to "B-2" General Business district, subject to an agreement pursuant to Section 39 of the Community
Planning Act setting out details of the development, be read a third time and enacted and the Corporate
Common Seal affixed thereto.
.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior'to adoption of the 'above resolution.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the'by-law entitled, "A Law to Amend the
Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by inserting a new subsection
which will contain policies respecting integrated development zones, be read a third time and enacted
and the Corporate Common Seal affixed thereto.
I
The by-law entitled, " A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By~Law of the City of Saint John and Amendments Thereto", insofar as it COncerns deleting existing regula-
tions for Integrated Development Zones and substituting new regulations camplementary to 'the proposed new
policies, be read a third time and enacted and the Corporate Common Seal affixed thereto.
1
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto" was read in its' entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that as recommended by the Planning Advisory Committee, .
Common Council accept the sum of $408.00 as money in lieu of land for public purposes with respect to
the Hollingworth Turner subdivision located on the south side of the Old Black River Road.
....
,..
',-",' ..-.-_.-......~.
217
<. ,
"
.
Maurice Aspen
"\ Subdivision
money in lieu
of land
I
Canadian lnte -
'\ city Tourism
Service
Tourist lnfor
mation Data
" Centre
1\
J.H. Wilcox
snow removal
.
I
.
1
Canadian Red
\ Cross Society
Sister E.
, ,
GlUen
,Archie D. Scot
I
, Death
'Dr. Harry
Peters
"D. Hatfield
Ltd.
.
"Municipal Plan
By-Law
Eastern
"' Arterial
Mr. R.E. Jowett
10..
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council accept the sum of $282.00 as money in lieu of land for public purposes with respect to the
Maurice Aspen subdivision located on the south side of Grandview Avenue.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Canadian Intercity Tourism Service
with respect to a Tourist Information Data Centre be referred to the City Manager for discussion with the
Visitor and Convention Promotion Committee and a report back to Council.
The Mayor explained that1,the Information Centre is an illuminated sign with the map of the
ci ty on one side and advertising on the other'.
Councillor Knibb asked the status of the appointment of a neW Director of Tourism and Convention.
Mr. McDermott advised that the candidate he had hoped for would not take the position for the salary the city
was offering and stated he would discuss the matter later in the meeting.
On motion of Councillor Murphy
in regard to
dation.
Seconded by Councillor Gould
RESOLVED that the letter from J. H. Wilcox of 251 Montreal Avenue
"free blowing" of snow on city streets be referred to the City Manager for a report and recommen-
It was noted that in some areas of the city this procedure is presently being carried out,
however, it was questioned if this practise would be acceptable in'other areas.
On motion
The meeting adjourned.
~-:~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventh day of
January, A. D. 1980, at 1.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Elliot, Gould, Green, Knibb, Landers, MacCallum, Pye,
A. Vincent, M. Vincent and Wayne
- and -
Messrs.'A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City SOlicitor" J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
N. Barfoot, Assistant City Manager, C. E. Nicolle, Director of Recreation
and Parks, J. F. Ross, Chief of Police, and H. B. Steeves, Deputy
Building Inspector
Reverend Kenneth Legassick of Trinity Church offered a prayer which opened the meeting.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
December 21th last, be confirmed.
Messrs. Franklin Leger and Joseph McVicar were present on behalf of the Canadian Red Cross Society.
Mr. Leger, President of the New Brunswick Division of the Red Cross, noting that this week has been designatBd
"Blood Donor Appreciation Week" expressed appreciation on behalf of all recipients of blood in the Saint John'",
area to those persons who have given blood donations during the past year. At this time, Mayor Davis presented
certificates to Sister E. Gillen and Mr. Archie D. Scott in recognition of their donations of 50 and 15 pints of
blood, respectively.
The Mayor withdrew from the meeting and Deputy Mayor Elliot assumed the Chair.
Councillor MacCallum asked that a letter of sympathy be forwarded to the wife and family of the late
Dr. Harry Peters, a former Councillor for the City of Saint John. Councillor A. Vincent asked that in future,
elected officials be informed by staff on the death of civic employees, retired civic employees, Or former
Council members.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED
for payment of the following invoice, namely:-
D. Hatfield, Ltd. - equipment rental
that as recommended by the City Manager, authority be granted
December 1-15, 1919
$ 16,906.56
The Mayor re-entered the meeting and resumed the Chair in Common Council.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Municipal Plan By-Law to facilitate the new alignment of the Eastern Arterial as approved by Common Council.
He advised that a letter has been received this date from Mrs. R. E. Jowett, 311 Lakeview Drive, regarding the
right-of-way for the Eastern Arterial, asking that this lot be released in order that it may be used for building
purposes, and asking that a definite decision be made in this regard.
218
"
\ Eastern Arterial
'--Cyril Page
Deputy Mayor Elliot stated that he has a possible conflict of interest in this matter as some
of the land which may be required for the Eastern Arterial is owned by a company with which he is
associated. He therefore withdrew from the Council Chamber.
Consideration was given to the letter from the Planning Advisory Committee, dated November
22nd, 1919, which recommends the proposed amendment to the Municipal Plan By-Law.
.
Mr, Cyril Page, 144 Garnett Road, was present at the meeting, and stated that the proposed
alignment of the Eastern Arterial goes through his dwelling, and results in an additional acre of his
land being required, than was originally shown originally for the Eastern Arterial. He asked that
consideration be given to relocate the proposed alignment a distance of approximately 55 feet closer to
Forest Hills, which is the location of the original alignment. He also expressed concern with Planning
requirements for the remaining land, noting that a one-acre lot would be required for building purposes
hich would not leave him sufficient property for homes for his three children.
I
(Councillor Landers withdrew from the meeting)
'David Barry Mr. David Barry, of the firm of Clark, Drummie and Company, appeared before the meeting on
behalf of Simonds Co-Operative, which is presently in the process of purchasing the co-operative building
\ . located southeast of Westmorland Road off Mark Drive. He advised that this co-operative services approxi-
Simonds Co-operatlvemately 1500 member families in the City and stated that the proposed alignment requires the removal of this
building. He stated that the purpose of his appearance before Council is to request that consideration be 1
given to their concerns. He stated that the building is only six years old and the co-operative members
have just now obtained the financial ability to purchase the assets and operate the venture themselves. He
stated he is not sure of the alternative routes for the Eastern Arterial but he asked that they be con-
sidered, and he would also re~uest an indication of the timing of this project as a great deal of work
would be required by his clients if it is necessary to re-locate the co-operative, and that the building
would be very costly to replace relative to the original cost of construction in 1913.
'Municipal Plan
By-Law
"
Northern Expressway
- Eastern Arterial
"Municipal Plan
By-Law
re-zoning
.. Grandview Avenue
"Renaud Richard
"Richard Allen
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the above letter from Mrs. R.
made at this meeting by Mr. Cyril Page, and by Mr. David Barry on behalf
referred to the Land Committee for consideration at a meeting to be held on
the
Co-
.
presentations
Operative, be
January 9th.
E.
of
Jowett, and
the Simonds
Wednesday,
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 4-A by (a) deleting the
Northern Expressway; (b) changing the status of the, Freeway extending from the Throughway to the Airport to
an arterial street; and adding a note to the Schedule to indicate that the alignment of the Eastern Arter-
ial is according to Drawing Nos. 1928 - 1 - A and B of Appendix "B" of the Report prepared by Fenco Con-
sultants Ltd. on the Eastern Arterial; and changing the appropriate sections of the written statements and
policies in the Municipal Development Plan to reflect the changes made on Schedule 4-A, be read a first
time.
1
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
In reply to a query of Councillor M. Vincent, Mr. Zides noted that the Planning Advisory Committee
is recommending that the Northern Expressway as proposed in' the comprehensive plan be eliminated, and he
outlined the reasons for the said recommendation.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City'of Saint John and Amendments Thereto", by amending Schedule 4-A by (a) deleting the .
Northern Expressway; (b) changing the status of the Freeway extending from the Throughway to the Airport to
an arterial street; and adding a note to the Schedule to indicate that the alignment of the Eastern Arter-
ial is according to Drawing Nos. 1928 - 1 - A and B of Appendix '''B'' of the Report prepared by Fenco Con-
sultants Ltd. on the Eastern Arterial; and changing the appropriate sections of the written statements and
policies in the Municipal Development Plan to reflect the changes made on Schedule 4-A, be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
The Mayor stated that third reading of the above amendment will not be given until a report is 1
received from the Land Committee. Councillor Gould suggested that Council should be supplied with an
estimate of the cost of acquisition of the properties reqired.
-.
On motion of Councillor M. Vincent
~ .'.
Seconded by Councillor MacCallum I
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment be received and filed.
I
The Common Clerk advised that the necessary advertising was completed regarding property measuring
50 feet by 100 feet located on the north side of Grandview Avenue opposite the McLeod Road by (a) reclass-
cifying the property from Low,Density Residential to Light Industrial on Schedule 2-A"of the Municipal
Development Plan; and (b) re-zoning the said property from "RS-2" One- and Two-Family Suburban Residential
to "I-I" Light Industrial classification, and that no written objections were received. It was noted that
nO person was present to speak either against or in favour of the proposed amendment and re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated November 26th,
1919, which recommends the said Municipal Plan By-Law amendment and re-zoning, being the lot adjacent to
property previously re-zoned by Common Council, to permit the establishment of a transmission repair shop
as requested by Messrs. Renaud Richard and Richard Allen.
.
On motion of Councillor Wayne
Seconded by councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
...oil
'"
219
.
Municipal
Plan By-Law
,Grandview Ave
I
I
re-zoning
, Grandview Ave
.
I
'Robert Boyce
By Law of the City of Saint John and Amendments 'T?ereto ; by amending Schedule 2-A, the
Plan to reclassify property measuring 50 feet by 100 feet'located on the north side of
opposite the McLeod Road (L.R.I.S. Number 334106) from Low Density Residential to Light
first time.
Future Land Use
Grandview Avenue
Industrial, be read a
Read a first time the. by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint' John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify property measuring 50 feet by 100 feet located on the north side of Grandview Avenue opposite
the McLeod Road (L.R:I.S. Number 334106) from Low Density Residential to Light Industrial, be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law,entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concernS amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property measuring 50 feet by 100 feet located on the north side of
Grandview Avenue opposite the McLeod Road (L.R.I.S. Number 334106) from "RS-2" One- and Two-Family Suburban
Residential to "I-I" Light Industrial district, be read a first time.
.
Read a' first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-,
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property measuring 50 feet by 100 feet located on the north
side of Grandview Avenue opposite the McLeod Road (L.R.I.S. Number 334106) from "RS-2" One- and Two-Family
Suburban Residential to "I-I" Light Industrial district, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and ,Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan By-Law amendment and re-zoning be received and filed.
(Deputy Mayor Elliot re-entered the meeting)
Mr. Robert Boyce, President of Saint John Heritage Trust, appeared before the meeting and stated
, S.J. Heritage that Heritage Trust is pleased with Council's initiatives to preserve Prince William Street and in the appoint-
Trust ment of a Preservation Review Board and the steps being taken to create a conservation area in the City. He
stated that his group feels such an area can contribute substantially to the quality of life in the community
and they are confident that this area can make a large social and economic contribution to the City if appropr-
iately developed - they would urge that Council fully support the efforts of the Preservation Review Board in
achieving this goal and to look to ways of involving the community in this process. He stated that in the
past Heritage Trust has offered its assistance to the Council and stands by that offer, but they are disappointed
that so far their offer has not been taken up and they are also disappointed to see no identifiable business
representation from the area on the Board. He stated they are also concerned that at no future point in time
someone challenge the actions of this Board on the basis of its legal validity. He cited the membership of
the Board under the Provincial Act and stated they feel it would be helpful for the record, for Council to
identify the section of the Act under which each member is appointed. He stated his group remains committed
to the creation of a conservation area and is prepared ,to work with the City and other community groups to
achieve that end and suggest that serious consideration be, given to increasing the size of the Board to involve
more segments of the community.
.
1
I
'-C . B . D . C .
Barbara
"-
Schermerhorn
_ Proctor &
Redfern
Design Study
.
...
Mr. Boyce stated his group would like to be informed of the role to be taken by the Preservation
Review Board. Deputy Mayor Elliot, a member of the said Board, reported on discussions which took place at a
recent meeting of the Board, including ways of involving the community in the decision-making process and the
establishment of long-term goals; The Mayor thanked Mr. Boyce for his presentation and stated that he will be
kept informed in this regard. He asked that Mr. Boyce give a copy of his brief made at this meeting to the
Common Clerk.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the presentation made by Mr. Boyce be received and filed.
Mrs. Barbara Schermerhorn, President of the Saint John Central Business Development Corporation, was
present at the meeting regarding the Proctor & Redfern Design Study on the revitalization of the central
business district. She read a letter from the Corporation which had been forwarded to Common Council in this
regard which states that while the Proctor & Redfern,Design Study appears to be excellent in its qontent, it
is also rather more ambitious than the Corporation had anticipated - it is the feeling of the Corporation then
that the areas of greatest impact become priorities and that with a series of concessions, the plan could be
implemented and by carefully selecting the areas of priority and weighing the absolute necessities, the price
of the project as a whole can also be kept within a livable range. The decision of the Corporation is that
the areas of greatest need are King, Union, Charlotte and Germain Streets, not necessarily in that order and
while Prince William Street is also of concern, much of the restoration required will be covered under Federal
and Provincial monies in conjunction with the Market Square project; while underground services are the ultimate
goal, it is felt that unless some form of incentive plan is implemented to ease the cost to the individual
land owner, an alternate to this plan would be to tidy up and gang above groundwiring - visual improvement to
these areas will tend to minimize overhead wiring as will the addition of trees and suitable street furniture
and attention must also be given to the improvement of lighting in the uptown area, and the protection of
historic buildings and sites within the core. The letter refers to the question of parking which problems the
Corporation feels will continue to occur as the make-up of the City changes, and will need to be dealt with as
they arise. The Corporation has felt for some time that attention must be paid to areas that will encourage
220
.,
C.B.D.C.
Barbara Schermerhor
Proctor & Redfern
Design Study
\tender. rejected
'j ani tori~tl services
craft centre
, demolitions
tender awarded
,A., Simpson
, 92 St... James St. W
'19 St. Andrews St
'Chitticks (1962)Ltd
120-122 Bridge St
" Grove COIlst. '- .
\ 8 St. Paul St.
,v~hlc1e purchase
",Parkway Mercury
, Subdivision
Agreements
\ Woodlawn Park
Subdivision
"David M. Lunney &
Associates
'Garfield Lucas
oth housing and commercial development within the City centre as an economic and functional requirement
to the life of the City and requirements could be clearly defined related to development that will enhance
the growth of the City and a proposal to this suggestion will be a project of the Corporation in the near
future. ,The Corporation recommends that a working committee be appointed immediately with a mandate
clearly spelled out, i.e.: (1) determine magnitude of the project; (2) determine financial capability of
the City; (3) review preliminary and final plans; and (4) monitor the work program., and suggests a make-
up of the suggested Committee as noted in their letter. Mrs. Schermerhorn concluded that the prime goal
of the Corporation is naturally that an implementation schedule be drawn up as soon as possible, but as
well, that careful planning accompany such a schedule to assure that work will proceed smoothly with as
little disruption to business as possible and that priorities be achieved within a time frame that will
allow completion to some extent by the bicentennial celebrations, and a total completion by 1990.
Following the above presentation, discussion ensued between Mrs. Schermerhorn and the Council
embers present regarding the letter from the Corporation, and the recommendations contained in the
Proctor Redfern report for revitalization of the central business district.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the Saint John Central Business Development Corpor-
ation_be thanked for the presentation made at this meeting, and advised that their suggestions will be
taken under consideration by Council.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising that public
tenders were called for 'providing janitorial services at ~he Recreation and Parks Department craft centre
at 55 Canterbury Street for a 30-week period and the prices received are higher than what had been antici-
pated; and recommending that all bids be rejected, the specifications be reviewed and amended and that new
tenders be called -- be received and filed and the recommendation adopted.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, the tenders of A.
Simpson for demolition of 92 St. James Street, West, in the amount of $3,400.00; A. Simpson for demolition
of 19 St. Andrews Street, in the amount of $3,400.00; Chitticks (1962) Ltd. for demolition of 120-122
Bridge Street in the amount of $4;100;00; and Grove Construction Ltd. for demolition of 8 St. Paul Street
in the amount of $4,349.00, being the lowest tenders received in each instance, be accepted.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the joint report from the City, Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, recommending acceptance and approval for the
purchase of a 1980 model tandem truck unit to replace a unit destroyed by fire, from Parkway Mercury at
the quoted price of $23,691.00, be laid on the table for one week.
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that the letter from.the City Manager advising that
Council, at its meeting of July 9th, 1919, approved the execution,of subdivision agreements with respect
to Woodlawn Park, Phases 2 and 3 and the developer, David M. Lunney and Associates and Garfield Lucas,
does not intend to develop the subdivision itself but to assign it to a third party, which third party has
indicated that they will, not entertain the transaction until such time as all approvals from the City have
been received, the Agreement signed, and the plan filed; further advising that before the agreement can be
signed, the developer is required to deposit with the City a sum or bond sufficient to COver the cost of
the work to be done by the developer under the subdivision agreement - because the developer is not
immediately proceeding with the development himself, he is proposing to give to the City for each sub-
division agreement a mortgage on certain lots within the subdivision - the security offered by mortgage is
not intended to be equivalent in value to the performance bond, but merely intended to secure the sub-
mission of the bond before actual work on the subdivisions COmmences - the mortgage is secured by two lots
in the fourteen-lot Phase 2 subdivision, and by six'lots in the forty-eight lot Phase 3 subdivision; the
proposal by the developer has been examined by the Legal Department, and their opinion, is that the mort-
gage documents as drafted satisfactorily secure the required performance of the relevant paragraph of the
subdivision agreements, however, because this represents a slight change from normal policy, Council's
approval should be obtained -- be received and filed and as recommended by the City Manager, Council
accept the mortgages offered by the developer as security for the delivering up'of the required perfor-
mance bond on Phases 2 and 3 of the Woodlawn Park Subdivision.
Deputy Mayor Elliot asked how the value of the units mortgaged to the City compare to the 'value
of the performance bond. Councillor Gould stated he thought this matter would have appropriately gone to
the Real Estate Department for determination in this regard. Mr. Barfoot advised that this matter was
thoroughly discussed by City staff and the value of the lots held is not intended to be equivalent to the
value of the,performance bond, but be of a sufficient value to ensure that the performance bond will be
produced when the 'time comes. In response to a question from Councillor Gould, Mr. Barfoot stated that he
believes the amount of the performance bond was approximately $85,000.00 - in normal situations the
developer puts up a performance bond when he starts to develop the subdivision, and this is what is
intended to be done in this case, the agreement provides that before work COmmences on the subdivision a
performance bond will be substituted for the mortgage which is now being proposed as collateral, which is
an interim step which the City does not normally go through, but is being recommended as the developer
wishes to assign the subdivision to a third party and a performance bond will still be required before
work actually begins on the subdivision.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the above matter be laid on the table and referred to
the Land Committee for consideration at a meeting to be held on 'January 9th.
Councillor A. Vincent, Chairman of the Land Committee, stated that the above matter will be
reported on by the Land Committee next week.
.
I
I
I'
.
1
.
I
I
.
...oIIII
,...
....-?
~--"<:'~--*","" -t,.,_,,-
~ ,,>,
221
.
Cedar Po int
Trailer
, Park
I.
Land
Commi ttee
Cedar Point
\ Trailer Park
_I
\)J /(
Minister of
Justice
.
"
hunting
within city
limits
'(Jl\~~
Minister of
,
Natural
Resources
1
R. J.
, McLenahan
N.B. Sports
" Hall of
Fame
" Fred Logan
.
I
"Lorneville
Ratepayers
Assoc.
'- tax rate
I
" Burchill Rd
'- N.B.E.P.C.
.
"
" Cen tracare
Saint John
Inc.
" Spruce Lake
Lij-ndfill sit
...
Question being taken, the tabling motion was carried with the Mayor and Councillor M. Vincent voting
"nay".
Councillor Pye referred to a previous motion of Council that the City.Manager be requested to present
an up-to-date report in relation to designing the lot layout of the Cedar Point Trailer Park and to date no
reply has been received by Council from the City Manager.
Copies of a letter from the Land Committee,
Park, were distributed to the Council members at this
respect to sale of the lots in the said Trailer Park.
shown to the Council members at this time.
January 1th, 1980, regarding the Cedar Point Trailer
The letter submits certain recommendations with
showing the layout design of the said Park was
dated
time.
A map
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the following recommendations of the Land Committee with
regard to the sale' of the lots at the Cedar Point Trailer Park, be adopted, namely: (1) that Lots 25-26-21-28
be sold for $1,500.00; that Lots 23-24 be sold for $1,000.00; that Lots 29-39 and Lot 51 be sold for $6,500.00;
that all other lots be sold for $6,000.00; (2) that the Mayor and Common Clerk be authorized to enter into pur-
chase and'sale agreements for lots upon payment of a deposit of $500.00; (3) that all purchase and sale agree-
ments be finalized by February 1st, 1980; (4) that the final transfer of the lots will be no later than March
31st, 1980, at which time the balance of the purchase price will become due and payable; (5) that the City bear
the cost of moving whatever trailers are necessary to be moved to other lots within the 'Park, if their present
owners intend to purchase; and (6) that the City not be involved with any financing connected with the sales.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from The Honourable Rodman E. Logan, Q.C.,
Provincial Minister of Justice, regarding Common Council resolution of September lOth, 1919 requesting authority
to regulate hunting within the municipality by by-law, advising that a solicitor from his Department has
reviewed the advice provided by the City Solicitor and concurs with Mr. Rodgers' conclusions - no municipality
in this Province is vested with the power to enact hunting regulations by by-law; hunting, both within and
without the municipalities of the Province is governed by Provincial legislation, principally the Game Act;
further advising that the matter was referred to the Departments of Municipal Affairs and Natural Resources for
their consideration and some concern has been expressed with permitting municipalities to regulate or prohibite
hunting; firstly, hunting regulations would cease to be uniform throughout the Province and additionally, the
bounds of most cities engulf large areas including water which, if prohibited from hunting, would place additional
pressure on those areas outside municipalities with unrestricted hunting; the Department of Natural Resources
has pointed out, however, that it is open to the Lieutenant-Governor in Council under section 2 of the Game Act
to set any land within the Province apart as a game refuge and under section 90, hunting is effectively pro-
hibited in such areas; it has been suggested that if the municipality does have in mind any area to be set
apart as a game refuge, that a request to that effect be forwarded to the Minister of Natural Resources -- be
referred to the City Manager to look at areas within the City, which might be declared as a game refuge.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the correspondence received from Mr. R. J. McLenahan,
Secretary, Board of Governors, New Brunswick Sports Hall of Fame, regarding nominations to the said Hall of
Game, be received and filed.
Councillor Pye noted that last year,Council adopted a motion to support an application being made to
have Mr, Fred Logan, who was the senior amateur international speedskating champion from 1901 to 1911, inclusive,
inducted into the New Brunswick Sports Hall of Game, and stated that in view of the fact that efforts at that
time were unsuccessful, he would suggest that the Board be advised that the City still endorses the previous
application in this regard. He noted that an application for induction is valid for three years from the time
of its submission.
On motion of Councillor Pye
Seconded by Councillor MacCallum
RESOLVED that the Board of Governors of the New Brunswick Sports Hall
of Fame be advised that the Common Council still supports an application submitted to the Board last year to
have to Mr. Fred Logan inducted into the New Brunswick Sports Hall of Fame, and would ask that every consideration
be given to the previous application.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the letter from the Lorneville Ratepayers Association,
expressing their appreciation for the servicing undertaken to the Lorneville area this year; protesting the
single tax rate for the entire city and stating that the Association feels that 85% of the central rate (the
1919 rate) is the maximum which should be levied on the rural city areas due to far fewer services available or
expected to be available on the part of outside residents, coupled with higher costs for fire insurance,
telephones and gasoline required for commuting, in particular; and advising that during 1980 the Association
would like to see concentration on the following: (1) continuation of the resurfacing program as set forth in
Common Council's resolution of April 20th, 1911; (2) elimination of the Lorneville bridge by replacing the
structure with a causeway containing sufficient large culvert pipe to drain off the backwater marsh area after
hea~J rains; (3) construction of a new fire station to serve Lorneville-Spruce Lake-Spruce Lake Industrial Park
areas; and (4) the provision of a City operated bus 'Service at various hours; and further advising that one
other important matter is the rumoured closure of the Burchill Road and asking Council to look into this
matter -- be referred to the City Manager for,a report ,and recommendation.
Regarding the closure of the Burchill Road as mentioned in the above letter, Mr. MacKinnon stated
that he has a copy of a letter to the New Brunswick Electric Power Commission from Mr. Garnett of the Regional
Development Office indicating that the Burchill Road would not be closed but would continue to receive maintenance
this winter. He advised that the roadway, although it is within the City, is not the City's responsibility - it
is within the expropriated area and the difficulty is that both the Department of Transportation and the Power
Commission claim it is not their responsibility so it has been left to the Provincial authorites to determine
which department will be servicing the Road.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. J. A. deMora, Executive Director,
Centracare Saint John Inc., requesting that Centracare be excluded from paying the user fee at the Spruce Lake
landfill site, be referred to the City Manager for a report and recommendation.
222
.,
Councillor A. Vincent asked that Council be supplied with a report on Provincial highways
provincial highway within the City which have been turned over to the City since the completion of the Throughway without
having been first brought up to the proper standard, as is required under an agreement between the City
and Province. .
\ Counc. A. Vincent
Cedar Point
"-
Trailer Park
,
Ten Eych Hotel
"' Cst. David Caines
, Cst. Donald Dwyer
-.. Ci ty Hall of, Fame
'D. Hatfield Ltd.
, ,
capltal projects
'\ Water Street 1.
......watermains
"- Gerald J. Ryan Co.
On motion
'The meeting adjourned.
c,~
At a Common Council, held at the City Hall, in the City of Saint jOhn, on Monday, the fourteenth 1
day of January, A. D. 1980"at 4.00 o'clock p.m.
present
Samuel,Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
I.
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, J. C. MacKinnon" Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
N. Barfoot; Assistant City Manager, J. Gabriel, 'Deputy Commissioner of
Works, M. Winch, 'Deputy Commissioner of Community Planning, D. Wilson,
Deputy Commissioner of Finance; C. E. Nicolle, Director of Recreation
and Parks, D. French, Director of Personnel, J. F. Ross, Chief of Police,
D. Buck, Deputy Commissioner, Housing and Renewal Services, and H. B.
Steeves, Deputy Building Inspector
.
Reverend G. L. Blackwell of St. Columba Presbyterian Church offered a prayer which opened the
meeting.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
January 7th last, be confirmed.
Councillor Wayne noted that the tenants of the Cedar Point Trailer Park have received no formal
notification that the lots will be, sold to the tenants, as approved at the last Council meeting.
I
The Mayor welcomed The Honourable Gerald Merrithew, Provincial Minister of Commerce and Develop-
ment~ to theemeeting.
The Mayor referred to an item on the Council agenda regarding the actions of two Police officers
during a recent fire in 'the Ten Eych Hotel and he asked that that item be considered at this time.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that as recommended by the city Manager, Common Council
publicly commend Constable David Caines and Constable Donald Dwyer for their actions in the recent Ten
Eych Hotel fire on Wellington Row, as described in the submitted letters.
Councillor Murphy suggested that the City should have a room set aside in City Hall as a City
Hall of Fame in honour' of those employees who have rendered distinguished service to the City. He stated
he also feels the firemen's museum should be started in the City for the displaying of old fire equipment
used in the City. Councillor MacCallum, a member of the Council'S Protection Committee, 'stated that the
members of that Committee unanimously support the above, commendation to Constables Caines and Dwyer.
.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoice, namely:-
D. Hatfield, Ltd. - Works Dept. (equipment rental) December 16-3l, 1979 $ 6,460.24
I
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the CityManager, authority be
granted for payment of the following contract payment certificates, in connection with the following named
capital projects:-
1
Water Street Watermain Construction
Gerald J. Ryan Company Ltd.
Installation of approximately 2200 feet of l2-inch pipe
Current budget allotment
Total work done, Estimate Number 3
Retention (3%)
Payments previously approved
sum recommended for payment, Progress Estimate Number
dated January 2, 1980
$ lOl ,531. 28
lOl,531.28
3,045.94
86',301;59
3,
$ l2,183.75
.
.oIIIl
,...
.2.23 "
.... ' '-'
Courtenay Ba 2.
""-
Causeway
Gerald J.
. "'> Ryan Co. Lt
I
'i)>>i"-\
Minister of
'\. Municipal
Affairs
Stimulation
" Grant s
Program
I
Marsh Creek
, Flood Damag
Reduction
Agreement
.
Church Ave.
'\. Overpass
Wall Street
, Interchange
'C.B,D,C.
Church Ave
....colpitts Sub
,Fire Dept,
Heritage
....... Canada
Foundation
Jacques
, Dalibard
Michael
~ 0' Rourke
Roger Nason
I
Historical
Resources
'--- Administra-
tion
.
I
I garbage
... collection
.
public
tenders
....
Courtenay Bay Causeway
Gerald J. Ryan Company Ltd.
Installation of storm sewer
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 21, 1979
$ 56,099.00
55,847.45
1,675.42
47,470,33
2,
$ 6,701.70
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, advising that the
Minister of Municipal Affairs has requested that requests for assistance under the Stimulation Grants Program
for the year 1980 be submitted prior to January 15th, and that since 1977 the Province has allocated funds
from this program to pay for its share of the Marsh Creek Flood Damage Reduction Agreement, which allocation
was completed in 1979 but because of delays in land acquisition and in construction of the Marsh Bridge
project all funds are not expended, therefore it is very likely that the 1980 allocation of funds under the
Stimulation Grant Program will be devoted to Marsh Creek; however, in the event that other funds are available
it is recommended that applications be submitted for the following projects in the order of priority listed,
namely:- (1) Church Avenue Overpass $350,000.00; (2) Relocated designated highway, Wall Street Interchange
northwards $500,000.00; (3) Central Business District Rehabilitation and upgrading of streets and services
$500,000.00; (4) Church Avenue water cross connection between industrial and domestic water supply systems
$313,500.00; (5) Colpitts Subdivision sanitary sewer system $130,000.00; and (6) Fire Department - dangerous
goods emergency handling vehicle $85,000.00 -- be received and filed and the recommendation adopted.
In reply to queries ,posed by Councillor Wayne, Mr. McDermott advised of funds expended under the
Marsh Creek agreement and the remaining work required under the contract, as well as property acquisitions
required to complete the project. Mr. MacKinnon outlined the funding and scheduling for replacement of the
Marsh Creek bridge. Councillor Gould asked if the City has a commitment from th: Provincial Government to
construct the bridge in 1980 and Mr. MacKinnon replied that it is a general understanding in this regard - the
span is presently being designed and work will be started in 1980 with completion scheduled for 1981 - however,
an official letter can be asked for if Council so wishes. Deputy Mayor Elliot suggested that the City Manager
provide Council with an up-to-date report on the scheduling of the Marsh Creek project.
(Councillor Landers entered the meeting during the foregoing discussion)
The Mayor welcomed to the meeting Mr. Jacques Dalibard, Director of the Heritage Canada Foundation,
Mr. Michael O'Rourke, Executive Director of the Provincial Historical Resources Administration, and Mr. Roger
Nason of the said Provincial Department.
Mr. O'Rourke addressed Council at this time and expressed his pleasure at being able to appear
before Common Council as the governing body of the municipality containing the greatest volume of significant
historical heritage of any municipality in the Province. He congratulated the Council for its action in
attempting to preserve a portion of this important heritage by the appointment of a Preservation Review Board
and discussions on the establishment of a conservation area in the City. He stated that he was pleased to
announce that the Historical Resources Administration is prepared to contribute one-third of the cost toward ,
the development of an implementation programme for a heritage conservation area in the City of Saint John, to
a maximum contribution of $8,000.00.
Mr. Dalibard briefly outlined events over the years which resulted in the present condition of many
buildings of historical value, and efforts which have been made to preserve such buildings. He stated it is
very difficult to find a contractor who can undertake repairs to an older building due'to the risks involved.
He stated that we have now learned that urban renewal does not work and has terrible social consequences to an
area and efforts are therefore being taken to rehabilitate and maintain older buildings. He outlined successful
efforts in other cities in North America in maintaining and preserving areas having significant historical
value to their particular, area. He stated that such development should not be undertaken by governments - it
should be done by private enterprise once they are shown it can be accomplished and for this reason you have
to do a demonstration project and what is needed in Saint John is an implementation programme, the first part
of such programme being the legal framework, which is an'important step to provide a context for private
enterprise to invest; the second part of the implementation programme should be a demonstration project, which
should be undertaken by an organization like Heritage Canada with the support of the Provincial and municipal,
and possibly Federal, governments; and finally, we should identify how important it is for private enterprise.
He suggested that such an implementation programme could be developed quite easily over the next three months
and as noted by Mr. O'Rourke, Heritage Canada is prepared to finance one-third of the cost of such an imple-
mentation programme.
Councillor Knibb stated that last year Mr. Dalibard stated that,Heritage Canada had a revolving fund
of twelve million dollars from which mortgage loans were made for heritage buildings and he asked if such
money was still available. Mr. Dalibard replied that Heritage Canada is a private foundation and the fund
referred to is actually an endowment from which interest is derived - they have funds to invest but on a
limited amount, however, certainly a possibility is for them to acquire a building and rehabilitate it for
resale although he cannot commit any funds at this point as approval for amounts over $25,000.00 would have to
come from the Board of Governors of Heritage Canada.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint letter from the City Manager and Deputy Com-
missioner of Works, advising that staff have recently received an offer from one of the contractors providing
private garbage collection in the former outer tax area of the City, offering to take Over all areas at a
reduced rate, and are of the opinion that tenders should now be called'subject to the resolution adopted by
Council on July 30th, 1979 which adopted a recommendation that the existing five private collectors currently
providing collection services in zones 1 to 5 inclusive, continue said service at the pre-established rate of
$2.50 pel' unit per month until further notice by either the City or one or all of the contractors; and sub-
mitting a proposed tender form and specifications for collection of solid waste from residential properties in
zones 1 to 5, formerly known as the Outer Tax Zones; and recommending that tenders now be called to offer
others an equal opportunity to submit bids -- be received and filed and the recommendation adopted.
Considerable discussion ensued regarding the calling of public tenders for garbage collection in the
above areas, during which Councillor Clark suggested that the City should submit a tender in this regard'as
well.
On motion of Councillor Clark
Seconded by Councillor Landers
RESOLVED that the City of Saint John also tender for garbage col-
224
"
conservation
area
Preservation Review
" Board
"Heritage Canada
l N.B.E.P.C.
Market Square
,",proj ect
\.
Dock Street Power
Plant
lection in the former outer tax area of the City.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that Common Council resolution of September lSth,
1975 to proceed with the creation of a conservation area, be reaffirmed, subject to details being
refined by, the Preservation Review Board, and that Council agree to participate financially in the
development of an implementation programme, said programme to be co-sponsored with Heritage Canada and
the Province, at a maximum cost to the City of $S,OOO.OO.
.
Consideration was given to the joint letter from the City Manager and Deputy Commissioner,
Housing and Renewal Services, regarding negotiations to acquire the New Brunswick Electric Power Commission
properties for the Market Square development, which recommends approval of the settlement as outlined,
the approval of the Partnership having been received, and requests Council's permission to have The
Rocca Group Limited,'in their role as Project Manager, demolish the building.
I
Consideration was also given to a letter from The 'Honourable G. W. N. Cockburn, Q.C., Chairman
of The New Brunswick Electric Commission, offering to sell the Dock Street Plant property (F-6-19-1 and
F-6-lS-2) to the City of Saint John on the terms as noted, advising that in addition to the properties
to be sold to the City, the Commission is prepared to assign and transfer to the City, as part of the
purchase price, the'leasehold interest of the Commission in Lot F-6-lS-3 which is leased by the Com-
mission from the National Harbours Board; further advising that the Commission has no objection and I
consents to the City entering upon the land and carrying on demolition prior to closing and actual
transfer of title on the condition that the City undertakes in writing that such action will be entirely
at the City's risk and that the City will indemnify and save the Commission harmless from any liability,
claim, damage or action that may result from the,City's entering upon the land and carrying on demolition;
and pointing out that Civic Hydro has a joint interest with the Commission in the substation located on
the Smythe Street property although that company has no interest in the realty and before demolition,
Civic Hydro should confirm that it has no further interest in the substation and agrees to demolition.
Considerable discussion ensued with respect to the purchase of the above properties from The
New Brunswick Electric Power Commission, and with respect to demoiitionof the power plant building.
councilldorh~' VinCe~tt.aSkted tfhor infohrmation.on thfe hd:molitiOnttenderdsh~eceived:t~OUntCillobrl~antderds .0
expresse lS OppOSl lon 0 e pure ase prlce 0 t lS propel' y, an lS OppOSl lon 0 pu lC en ers
not being called for the required demolition. Councillor Murphy stated he agrees with the comments of
Councillor Landers and he questioned whether there would be any salvageable material in the building,
and stated that he feels the City would be justified in asking that the Provincial Government donatee
these properties to the City if it was not a tri-level project, as only recently the City made a sub-
stantial donation to the Provincial Government regarding properties in the Court House block. Mr. Buck
advised that bids were called for demolition of the building in question. Councillor A. Vincent stated
that there should be information available regarding the Civic Hydro substation which is referred to in
the letter from Mr. Cockburn.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from The Honourable G. W. N. Cockburn,
Q.C., Chairman of The New Brunswick Electric Power Commission, advising that the Commission hereby
offers to sell the Dock Street Plant property (F-6-19-1 and F-6-lS-2) to the City of Saint John upon the
following terms: (1) Purchase price $450,000.00 "as is"; (2) all del1)olition costs to be the respon-
sibility of the City; (3) any adjustments for taxes, rates or' assessments to be as of December 31, 1979;
(4) closing to take place on or before February 28, 19S0 or such extended date as may be agreed between
the parties; and (5) acceptance of the offer to be made on or before January 31, 1980; and on receipt of
written notice of acceptance of this offer by the City it shall constitute an agreement of purchase and
sale; further advising that in addition to the properties to be sold to the City, on the acceptance of
this offer, the Commission is prepared to assign and transfer to the City, as a part of the purchase
price, the leasehold interest of the Commission in'Lot F-6-lS-3, containing approximately 9,575 square
feet which is leased by the Commission from the National Harbours Board and the City would be required
to obtain any necessary consents that the Harbours Board might require; on receipt of notice of acceptance
by the City, the Commission has no objection and consents to the City entering upon the land and carry-
ing on demolition prior to closing and actual transfer of title on the condition that the City undertakes
in writing that such action will be entirely at the City's risk and that the City will indemnify and
save the Commission harmless from any liability, claim, damage or action that may result from the City's
entering upon the land and carrying on demolition; pointing out that Civic Hydro has a joint interest
with the Commission in the substation located, on the Smythe Street property although that company has no
interest, in the realty and before demolition, Civic Hydro should confirm that it has no further interest
in the substation and agrees to demolition be received and filed and authority be granted for the
purchase of the Dock Street Plant property on the terms and conditio~s outlined in the said letter from
the Cormnission.
I
./
Councillor A. Vincent referred to'previous discussions with the Mayor regarding obtaining
Federal funding to have demolition of this building carried out by hand as a "make-work" programme. In
reply to a query of Councillor Landers, Mr, Buck advised that the figures on the first page of his
letter to Council, are in effect the appraised value of this property, which appraisal was done by an
independent appraiser. During further discussion, Mr. Buck supplied the following information: The
Rocca Group was asked to obtain demolition bids from independent contractors - two bids were obtained
and the lowest of the two bids is what is being recommended'at this meeting; the appraisal received from
the firm of deStecher, Miller & Law, was $606,400.00 as outlined in letter before Council. Two maps
showing the properties ,in the Market Square project were displayed at this time and Mr. Buck reported on
the ownership and present legal status of the various lands shown. Councillor Knibb asked if the City
could have assurance that the Provincial Government is willing'to allot additional funds to the Market
Square project, in view of escalating costs. The Honourable Mr. Merrithew stated that the Provincial is
totally and unequivocally dedicated to the completion of the Market Square project and fully recognizes
that there will be increased costs from the original Provincial contribution.
I
I
Question being taken, the motion was carried.
During discussion of the demolition of the above property, Councillor A. Vincent stated that
he feels that the possibility of obtaining Federal funding should be pursued and that Council should be
given information as to any salvageable material in the building. In reply to a query of Deputy Mayor
Elliot, the Mayor stated that if Council ,adopts a resolution to call for public tenders for such demo- .
lit ion work, such tenders would be called by the City. Councillor A. Vincent stated that he feels the
Council should have assurance that Civic Hydro is satisfied regarding its interest in the substation on
Smythe Street.
.oIIIl
,...
; '..",.~0';"'-':';:--='. :.(:;-g~~~-~4'~"""
'225
.
Dock Street
\ Power Plant
tenders for
demolition
I
,
Murphy Bldg.
, Board of Healt
Building
I
'W.E. Kelly Ltd.
John Flood &
..... Sons Ltd.
.
I
..... (motion lost)
.
, Municipal
Plan By-Law
Grandview Ave
'Renaud Richa;d
\ Richard Allen
I
\ Zoning By-Law
'\ Grandview Ave
I
Marie Trainor
.
....
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that public tenders be called for demolition of the above
property.
Councillor A. Vincent suggested that the matter of obtaining Federal funding should be pursued and
consideration should be given to having the brick material hauled to one site in the City and cleaned. He
also suggested that tenders for demolition should close on January 25th and be considered by Council on
January 28th. '
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the letter from the City Manager regarding properties
at 160 Prince William Street known as the Murphy building, and the former Board of Health building at 2
Mecklenburg Street, advising that Council has dealt with the repair and maintenance of these properties
several times in the past few months as noted in the letter ,and the Land Committee is recommending payment of
Progress , Estimates in connection with these properties at today's meeting; and recommending that Council
confirm the appointment of Mr. Lawrence Cheslock of Mott, Myles & Chatwin Ltd. as Architect for the City on
the repairs to the buildings at 160 Prince William Street and 2 Mecklenburg Street; and further recommending
that Council confirm the engaging of W. E. Kelly Ltd. to carry out repairs at 160 Prince William Street at an
estimated cost of between $90,000.00 and $100,000.00, and John Flood and Sons Ltd. to carry out repairs at 2
Mecklenburg Street at an estimated cost of between $30,000.00 and $40;000.00 -- be received and filed and the
recommendations adopted.
Councillor Landers stated he feels it is wrong not to call for public tenders for work undertaken
on the above buildings. The Mayor stated that tendering is not always the right thing to do, and he noted
that Mr. Dalibard stated at this meeting that to go to public tender on an old building is asking for an
extremely high price because of the unknown factors, and it is almost impossible to call for tenders on these
matters. Councillor Wayne stated that her concern is the unusual way in which the matter has been handled -
it was dealt with in Committee of the Whole by Council and should have been ratified in open session the next
week for the amounts of money to be spent. She stated that this matter was not handled according to policy,
Councillor Gould asked why Council is sO late in receiving the request to ratify employing the above firms,
and Mr. McDermott replied that he has nO answer. Councillor MacCallum stated that the Housing Commission
toured the Murphy building on October 15th at which time the building was in extremely poor condition and the
reason tenders were not called was it would have been impossible to prepare specifications because until the
building was opened up, you would not know what you would find - he thinks the thought was that we would get
a reputable contractor and start the work, which was done, although he agrees with Councillor Wayne with the
manner in which this matter was handled. Councillor Clark stated he feels this places the Land Committee in
a very awkward position and he does not know if the Committee's terms of reference covers work as such, for
which they are recommending payment at this meeting. Councillor A. Vincent stated that the Land Committee
did not do this - Common Council in Committee of the Whole authorized the City Manager to do it and he
volunteered to lend his assistance., Councillor Clark suggested that this then should have come in to Council
with the City Manager's recommendation. Councillor Wayne, as a matter of clarification, stated that she has
found there was no authorization for any bills to be paid because it was not done in the proper procedure and
further, that only 160 Prince William Street had been agreed to in Committee of the Whole but no record could
be found regarding 2 Mecklenburg Street, even in Committee of the Whole.
Question being taken, 'the motion was lost with Councillors Clark, ,Gould, Landers, MacCallum, Pye,
M. Vincent and Wayne voting "nay".
On motion of Councillor M.' Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter be referred to the City Solicitor for a
report and recommendation at the next meeting of Council.
Question being taken, the motion was carried.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify'property measuring 50 feet by 100 feet located on the north side of Grandview Avenue opposite
the McLeod Road (L.R.I.S. Number 334706) from Low Density Residential to Light Industrial, be read a third
time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning property measuring 50 feet by 100 feet located on the north side
of Grandview Avenue opposite the McLeod Road (L.R.LS. Number 334706) from "RS-2" One- and Two-Family Subur-
ban Residential to "I-I" Light Industrial district, be read a third time and enacted and the Corporate
Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor with reference to
a report to Council dated December 17th, 1979 from Mrs. Mary Marie Trainor, advisin~ that he has examined the
report for the purpose of looking for new and additional information which has not been before considered by
the City and the only point he can find which he ,has not considered before was Mrs. Trainor's comment that
"he (Sergeant Kenneth G. Trainor) should have received disability allowance under Section 9(2) of the Pension
Act, not 9(1)), and that in reviewing and examining Section 9(1) and (2) of the Pension Act, it is his
opinion that Sergeant Trainor was retired by the City under the appropriate Section, that is, Section 9(1),
226
.,
Marie Trainor
\
Zoning By-Law
Planning Advisory
\ Committee
'Land Committee
W.E. Kelly Ltd.
\Murphy Bldg
'Murphy Bldg.
Board of Health Bldg
\
(motion lost)
which section talks about a disability "not of a mere ,temporary nature", but goes on to talk about the
participant resuming his duties - in other words, this Section is designed for a participant who is
disabled for a period but is not totally and permanently disabled; further advising that it is in-
teresting to note that Section 9(2), the subsection in which Mrs. Trainor believes her husband
should have been retired, is designed to deal with a participant who, "while engaged in the actual
performance of his duties, is rendered totally 'incapacitated as regards the performance of his duties",
and it is obvious why the City did not retire Sergeant Trainor under subsection (2), when one considers
'the lack of medical evidence to show total 'incapacity; and summarizing that he 'cannot find any infor-
mation in l4rs. Trainor's brief to cause the City to 'reconsider its"legal position, and that from the
information and documentation available, it is his opinion that Sergeant Trainor was retired under the
proper Section of the Pension Act, be received and filed and a copy be'forwa~ded to Mrs. Trainor.
Councillor Murphy expressed his personal opinion on this subject that there is a "grey" area
where it is'not clear whether Sergeant Trainor was laid off or retired, and there is reasonable doubt
in his mind that had the matter been handled differentiy in the first place, Mrs. Trainor would have
benefited more than she did - he feels that Council has an obligation to right a,wrong and while
mindful of the legal opinions from our City Solicitor, no one will blame Council for meeting its moral
obligations in this situation. He asked the following questions, which were submitted to him from Mrs.
Trainor: since the City is a policy holder of the group insurance policy in question', did the City
Solicitor read thoroughly the said policy before the inform~tion handbook was printed on October 1st,
19651 (to which the City Solicitor made negative, stating that he read a lot of correspondence, but not
that particular piece of correspondence); I understand that the Personnel Department was responsible
for claims of said pOlicy in 1965 but what department was responsible for claims in 19701 (to which the
City Solicitor remarked that that type of matter always falls under the City Manager in close con-
sultation with the Commissioner of Finance and he is sure they wo,ked together in 1965 as well as
1970); since it seems that a medical report was required proving total disability for anyone pensioned
off under item 9(1) since such employer was'entitled to benefit marked "Total Disability" in handbook
'marked "benefit of the plan" then why was Dr. Cheeseman, who was Ken's attending physician, never asked
or given the form to fill by the City. Dr. Cheeseman was alive and practising until June 19th, 1973?
(to which the City'Solicitor replied that he does not know why he was never asked, but Section 9(1) he
thinks talks more, ' rather than total disability, about not of a mere temporary nature and that does not
automatically mean that it has to be'total disability); I am certain Dr. Cheeseman would have given the
City the same medical report as given by him to, the Canada Pension which was required and asked for, to
be eligible for pension when pensioned off'under the same section or total disability, instead of
waiting until 1974".
On motion of Councillor Wayne
Seconded by Councillor Pye
RESOLVED that, the above matter be laid on the table and referred to
the City Solicitor.
Question being taken, the tabling motion was carried.
On motion of Councillor Murphy
Seconded by Councillor Wayne
, RESOLVED that the letter from the Planning Advisory Committee
advising that the Zoning By-Law requires that main buildings in "B-2" and "B-3" zones have a minimum
height of two storeys or 21 feet, whichever is the lesser, ,and the Committee considered the desirability
of maintaining this requirement in "B-2" General Business zones and recommends that Section 114(a) of
the Zoning By-Law be repealed -- be received and filed and the recommendation adopted and authority be
granted for the necessary, advertising in this regard.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, authority
be granted for payment of the following bills from W. E. Kelly Ltd.' up to December 31, 1979 in con-
nection with repairs to the Murphy building on Prince William Street, namely:- Progress Claim No.1
$6,993.14; Progress Claim No.2 $2,847.44; Progress Claim No.3 $2,893.88; Progress Claim No.4 $9,945.81;
Progress Claim No.5 $12,728.06; Progress Claim No.6 $12,966.45; Progress Claim No.7 $9,979.11;
Progress Claim No.8 $5,921.71 -- totalling $64,075.60. '
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the, above matter be laid on the table.
Deputy Mayor Elliot stated that he feels that the procedures that were followed were in-
correct but in attempting to follow correct procedure we are penalizing honourable people. Mr. Rodgers
stated his legal opinion from all the correspondence, the discussions which have taken place, and the
work done, the City is legally responsible for the work. He stated there are two matters to be considered
regarding these properties - one is discussion regarding procedures and 'what approvals have been given,
but there are many times in the past where Council has ratified actions of other groups, which is what
it is being asked to do tonight - in his opinion, correspondence has taken place, discussions have
taken place, the engagements have taken ,place, in Committee of the Whole it was discussed and the City
Manager authorized, and unless there is some information absent from the correspondence, Council is
responsible for the bills 'submitted - you approve it by ratifying the correspondence before this
meeting and that is what he will be saying in any written report.
Question being taken, the tabling motion was lost with the Ma,yor and Councillors Elliot,
Gould, Green, Knibb, Murphy and A. Vincent voting "nay".
.
'I
I
.
I
.
I
I
Councillor Landers stated he does not feel it is morally right to spend such funds without
the calling of public proposals. Councillor Wayne stated that she called the City Solicitor regarding
the paying of bills for these properties, and she was told that at the 'time Council could not pay the
bills until the hiring of the contractors was ratified in open session, which has not been done. Mr.
Rodgers stated that if the above resolution is adopted, Council is doing two things - it is paying the
bills and ratifying the ,hiring of the contractor, and it will nullify the previous tabling motion
regarding the hiring of the contractors - the two cannot be'separated. ' Councillor M. Vincent stated
that the bills will have to be paid and Council should handle the matter in line with existing pro- ...
cedures. Councillor Clark stated he agrees that the bills should be paid, however, he feels the recom-
mendation should have come from ,another ,source. Mr. ROdgers stated that the matter of procedure is
another question - he will only be commenting on Council's responsibility to the two contractors.
.oIIIl
,...
:-~..." -->>:;; ----,;...~~--. ......,... ....,..;'"..
227
.
I
\ John 'Flood
& Sons Ltd.
BOard of
\ Health
Bldg.
I
Nominating
Committee
, Abattoir Com
'E. Wayne,
, H. Green, A.
,Vincent
.
Boxing &
" Wrest ling
Com.
I
'\ Environment
Com. L.
'Murphy, N.
"Garey, G.
'Boyce, G.W.
,Bate, B.
'Schermerhorn
-B. MorrisoI,\
"E. Pike, D.
'Fifield, J.
'Matheson
'\ Housing Com.
.
I
I
.
110.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be referred to the City Manager for a
report regarding the procedural problems in this regard, and for his recommendation.
Question being taken, the referral motion was carried with the Mayor and Councillors Gould, Green,
Murphy and A. Vincent voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by, the Land Committee, authority be
granted for pa~ent of the following bilis from John Flood and Sons (1961) Ltd. up to December 3l, 1979 in
connection with repairs to the former Board of Health building at'2 Mecklenburg Street, namely:- Progress
Ciaim No.1 $4,829.07; ,Progress Claim No.2 $3,609.90; Progress Claim No.3 $4,177.30; Progress Claim No.4
$4,928.21; Progress Claim No.5 $4,942.67; Progress Claim No.6 $4,980.86 -- totalling $27,468.01.
Councillor Landers stated that he still objects to public proposals not being called in this regard.
Question being taken" the motion was carried with Councillors Clark, Elliot, Landers, MacCallum, M.
Vincent and Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor
Elliot
RESOLVED
namely:-
that the following appointments and recommendations of the
\ Visitor & Conven-
I" D 1 .
tlon eve op. Com
BOXING & WRESTLING COMMISSION - That the Recreation and Parks Advisory Board be requested,L. Hartt, J. M.
to submit a report and recommendation as to whether or not they could assume the res- -Scovil, H."Mac-J
ponsibilities of this Commission, or whether the Commission should be retained. Farlane,'J. Horgan,
'f~.A. Vincent, R.
,
'+anders, J.\ Smi th, I
'y. Porter, K.
Pike; "McCready
~98S Canada Summer
,
, Games Com.
'~. Jarrett, A.
"'Bawn
,
"Codification Com.
Master Plumbers
,
'Examining Board
.R. Yorke,' H. Peer,
I
A.W. Rickard, C.P.
I
....crannan, J.\ Lawton,
'B. Gale~ H. Green
Planning Advisory
" Com.
\ J. Milrod,'E. Wayne
\ P. Fenwick
Power Conunission
. F. Murray
"iJ.W. Maloney
\ Wm. Campbell
Nominating Committee be adopted,
1.
ABATTOIR COMMISSION -
two-year term from January 1st, 1980:
Councillor Elsie Wayne; Councillor A.
Councillor Hartley Green;
Vincent
,J .D. MacCall m,5.
.A.Vincent, L
'Murphy, J.E.
'Disher, E. L
'Teed, G. 0'
'Brien, J.H.
'Stafford, F.
, S. Haycox
King St. W.
'\ Area Comm.
"D. Knibb, A.
....y. Goss, Mrs
...Wm. Wheaton,
Rev.Can. W.A
'BrockHs, R.
'Love, D.'Ept n,
'D. Boyle, Sr
.... Market Comm.
L.Pye, Mrs.
F. H. Burton
'M. Beck, L.
'Lambert, P.
"Palmer, J.
, Forestell, F
- 0' Leary
, PARKING Com.
-Wm.Leahy, H.
'Green, L.
'Goldsmith,
11. 1985 CANADA SUMMER GAMES COMMITTEE - That Mrs. Lorraine Jarrett and Mrs. Ann Bawn be
,B. McLaughli ,
appointed as additional members of the Committee, with the Committee to have power to add.
-Mrs. T.W.Gra am
'0 REC & PARKS
'A. Pottle,
'J. Kenn, K.
'Robertson,
'K. Gould, E.
'Garnett, G.
'Stears, G.
'Zed, R.
'-McLenaghan
... ROCKWOOD Par
Advis. Bd
-K.Gould, P.
'McBride, P.
'Friars, W.
'Tippett
'M. Farren
,L. Murphy
2.
3.
ENVIRONMENT COMMITTEE
- two-year term from January 1st, 1970: Councillor Louis Murphy,
Dr. Norman Garey; Mr. Gilbert Boyce; Dr.. George W. Bate;
Mrs. Barbara Schermerhorn; Mr., Barry Morrison; Mrs. Eileen
Mr. Douglas Fifield; Mrs. Jean Matheson
4.
HOUSING COMMISSION -
one-year term pending a review report and recommendation from the
City Manager: Councillor John D. MacCallum; Councillor Albert
Vincent; Councillor Louis Murphy; Mr. John E. Disher; Mr. Eric L.
Teed; Miss Geraldine O'Brien; Mr., J., Harold Stafford; Mr. F. S.
Haycox, Secretary
KING STREET WEST AREA COMMITTEE two-year term from January 1st, 1980: Mr. Ronald
Lynch; Councillor Dennis Knibb; Mr. A. Y. Goss; Mrs. William
Wheaton; Reverend Canon Walter A. Bockus,; Mrs. Rita Love; Mr.
David Epton; Mr. Dennis Boyle, Sr.
6.
MARKET COMMITTEE -
one-year term pending progress of proposed changes in the central
business district area: Councillor Leo pye, Chairman; Mrs. Frank H.
Burton; Mr. Martin Beck; 'Mr. Laurence Lambert; Mr. Phillip Palmer;
Mr. James Forestell; Mr.' Frank O'Leary
7.
PARKING COMMISSION -
two-year term from January 1st, 1980: Mr. Charles Curren; Mr.
William Leahy; Councillor Hartley Green; Mr. Lloyd Goldsmith;
Mr. Bernard E. McLaughlin; Mrs. T. W. Graham; (one vacancy).
8.
RECREATION AND PARKS ADVISORY BOARD - two-year term from January 1st, 1980: Mr. Arthur
Pottle; Mr. John Kern; Mrs. Kay Robertson; Councillor Kenneth Gould;
Mr. Eugene Garnett; Mr~ George Stears; Mr. Gregory Zed; Mr. Ralph
McLenaghan '
9.
ROCKWOOD PARK ADVISORY BOARD - two-year term from January 1st, 1980: Councillor Kenneth
Gould, Chairman; Miss Patricia McBride; Mr. Peter Friars; Mr. William
R. Tippett; Miss Marion Farren; Mr. Lawrence B. Murphy
10. VISITOR AND CONVENTION DEVELOPMENT COMMITTEE - one-year term pending a review report
and recommendation from the City Manager: Mr. Lloyd Hartt; Mr. John
M. Scovil; Mr. Harry MacFarlane; Mr. Joseph Horgan; Councillor M. A.
Vincent; Councillor Ralph Landers; Mr. James Smith; Mrs. Jean Porter;'
Mrs. Karen McCready
12. CODIFICATION COMMITTEE - That the said Committee be abolished.
13. MASTER PLUMBERS EXAMINING BOARD - one-year term from January 1st, 1980: Mr. Raymond
Yorke; Mr. Harold Peer; Mr. A. W. Rickard; Mr. C. Patrick Grannan;
Mr. James Lawton; Mr. B. Gale, Secretary; Councillor Hartley
Green, Chairman
14. PLANNING ADVISORY COMMITTEE - That Mrs. Joyce
Peter Fenwick be appointed for a three-year
Milrod, Councillor Elsie Wayne and Mr.
term from January 1st, 1980.
15.
POWER COMMISSION - That Mr. Frank W. Murray and Mr. J. E. Maloney be appointed for a
three-year term from February 15th, 1980, and that Mr. William Campbell be appointed
for a term to expire February 15th, 1981.
Councillor Clark voted "nay" to the above motion, stating that he feels it is wrong for Councillors
to be members of the Planning Advisory Committee.
228
.,
,
Grants - 1980
V.O,N.
'C.N.LB.
,Salvation Army
,Family Services ofS.J
,Visiting Homemakers
,S.J. Human Developmen
Council
'Volunteer Bureau
'U.N.B.
,Action Workshop
L.B.R.
,S.J. Horticultural
Assoc.
'N,B. Museum
Saint John Regional
'\ Library
'Cherry Brook Zoo
\N.B. Competitive
Festival of Music
Atlantic Symphony
, Orchestra
,Clock
,Senior Citizens Housi g
Y,W.C.A.
'Catholic Youth Organi
S.J. Boys & Girls
, Club
-YMCA
,N.B. Historical Socie y
'N.B. Youth Orchestra
'Loyalist Days Inc.
'.Senior Citizens Centr
'Ambulance Service
'Animal & Pest Control
....Parking Commission
,S.J. Transit Com.
,Fundy Region Dev. Co
'-Canada Games
\
Action Worship
,
(motion lost)
re-zoning
James & Pearl Brown
131 St. James St'.
re-zoning
,Ray Dor Ltd.
366 Somerset St
\
Town of St. Stephen
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the following grants and transfers for which appro-
priation has been made in the 1980 budget ~e approved, the payment of which shall be by instalment or
otherwise, at the discretion of the Commissioner of Finance, during 1980:-
Health Organizations
Victorian Order of Nurses
$ 4,000.00
Welfare Organizations
Canadian National Institute for the Blind
Salvation Army
Family Services of Saint John Inc.
Visiting Homemakers Service
Saint John Human Development Council
Volunteer Bureau
1,000.00
1,200.00
9,000.00
14,000.00
12,000.00
. 2,400.00
Educational Grants
University of New Brunswick
Action Workshop
50,000.00
1,000.00
Recreational and Cultural Services
Lord Beaverbrook Rink
Saint John Horticultural Association
New Brunswick Museum
Saint John Regional Library
Cherry Brook Zoo
New Brunswick Competitive Festival of Music
Atlantic Symphony Orchestra
Clock Upkeep
Senior Citizens Housing
Young Women's Christian Association
Catholic'Youth Organization
Saint John Boys and Girls Club, Operating
Young Men's Christian Association
New Brunswick Historical Society
New Brunswick Youth Orchestra
Loyalist Days Incorporated
Grants not specified
Senior Citizens Centre
45,600.00
75,000.00
35,000.00
133,700.00
56,600.00
900.00
750.00
625" 00
15,000.00
3,500.00
3,000'.00
66,000.00
15,000.00
1,000.00
750'.00
25,000.00
54,503.00
Free Rent
Other Transfers
Ambulance Service
Animal and Pest Contro~
Parking Commission
Saint John Transit Commission
Fundy Region Development Commission
Canada Games Bid
90,300.00
73,200.00
200,000.00
1,128,500.00
48,000.00
25,000.00
During discussion of the above grants to various organizations, Councillor A. Vincent stated
that he had previously asked for an audit report' of the Saint John Boys' and Girls' Club, and a list of
rentals paid to the said Club by unions for meeting at the said Club during the last twelve months.
Deputy Mayor Elliot stated that he r~calls the previous City Manager was asked to obtain rentals charged
by agencies ~hat receive a grant from the City. Councillor Wayne suggested that the grant to the Action
Workshop should be increased to $1,500.00. Deputy Mayor Elliot stated that the request from this group
was only for $1,000.00, which has been recommended. Mr. Park confirmed Deputy Mayor Elliot's statement.
(Councillor Gould withdrew from the meeting during the above discussion.)
Moved in amendment by Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the 1980 grant to the Action Workshop be increased
from $1,000.00 to $1,500.00.
Question being taken, the amendment to the motion was lost with the Mayor and Councillors
Clark, Elliot, Gould, Green, Knibb, Landers, Pye, A. Vincent and M. Vincent voting "nay".
Councillor MacCallum stated he is opposed to the grant to Cherry Brook Zoo.
Question being taken, the motion was carried.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the application from James Brown and Mrs. Pearl
Brown for re-zoning of property at 131 'St. James Street be referred to the Planning Advisory Committee
for a report and recommendation and that authority be granted for the necessary advertising in this
regard.
(Councillor Green withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the application from Ray Dor Limited for re-zoning
of property at 366 Somerset Street be referred to the Planning Advisory Committee for 'a report and
recommendation and that authority be granted for the necessary adve~tising in'this regard.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from the Town of St. Stephen advising that
following the Bathurst Police strike this past summer the Provincial Government announced the formation
of a task force to study the provision of essential services to citizens of New BrunswiCk municipalities
,"'-
.
I
I
.
I
.
I
I
.
....
,...
229
,Town of St.
Stephen
.
essential
'\. services
I
I
N.B. Histori-
\ cal Society
Preservation
, Review Bd.
Noranda Metal
Industries
"-
Ltd.
~ derelict auto
'G. A. Holmes
re Spar Cove
'- Road
I
vehicle
, purchase
street
\, closing
LEG A L
SESSION
.
'Minister of
Transporta-
tion
I
,North/South
Arterial
I
.
property
acquisition
....
and the Town of St. Stephen has become concerned over the, fact that this task force has yet to be appointed
and has accordingly passed the submitted resolution calling upon the Premier to do so within the next three
months, and requesting that other towns and cities in New Brunswick forward a similar resolution to the
Premier in order to ensure that this issue receives the immediate and important consideration which it must
have, be laid on the table until after the meeting to be held on February 13th in the Lord Beaverbrook Hotel
in Fredericton in this regard.
Councillor Knibb referred to a resolution of Council adopted in July 1979 authorizing the Mayor to
appoint a committee to meet with the Premier and Minister of Justice to seek changes in the Act. He also
referred to a letter to be considered in Committee of the Whole this date regarding the meeting to be held in
Fredericton, and he stated Council should discuss again what our attitude is in this matter. Councillor
Wayne expressed the view that a report should come to Council from those representatives who will be attending
the said meeting on behalf of the City, for Council to decide if the stand to be taken by such persons is the
stand that Council wants them to take. Councillor Landers stated that he has prepared his thoughts in this
regard which he will be discussing in Committee of the Whole.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Elliot and A.
Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Dr. Alan J. Gordon, President of The
New Brunswick Historical Society regarding the City's Preservation Review Board, be referred to the said
Board for consideration.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Noranda Metal Industries Limited,
Norcast Division, regarding the collection of "white goods" and derelict autos from the City's landfill site,
be referred to the City Manager for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from Mr. G. A. Holmes, 41 Spar Cove Road,
requesting improvement to sidewalks and road repairs on the said Road, be referred to the City Manager for a
report and recommendation.
Councillor Pye expressed his agreement with the request of Mr. Holmes regarding required improvements
in the Spar Cove Road area.
In reply to a query of Councillor A. Vincent regarding the matter of replacing a tandem truck unit,
which matter had been tabled for one week at the last Council meeting, Mr. McDermott advised that he has
instructed the Purchasing Agent to have tenders called in this regard under the normal procedure.
Councillor A. Vincent asked that he be supplied with a report regarding the authority for closing
off of streets, such as occurred recently in two areas of the City'due to a major fire and storm damage. The
City Manager stated that he will supply such information to Councillor A. Vincent.
': ;';Cll]T~cil~or
1
Following a meeting in Committee of the Whole, Council resumed in legal session.
(Councillor Green was present during the said legal session)
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that this meeting continue, in legal session.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
Read a letter from The Honourable W. G. Bishop, Provincial 'Minister of Transportation, to Mayor
Davis, confirming the Department's position regarding the new routing of the designated Provincial highway
leading towards the Millidgeville ferry, which alignment is considered to be a worthwhile project and if the
City wishes to adopt it as a top priority project they will reflect that priority when establishing the
program in future years for designated highways within the City. The letter states that the Department is
prepared to assume lOO% of the associated construction costs (excluding services); right-of-way acquisition
will, as is the normal practice, be the responsibility of the City, and because the project is expensive, it
should be realized that annual limitations on the program will mean that it will extend over several years
before reaching completion over the full length of the route - during that period a portion of the total
funding for designated routes within the City will have to be kept for other essential projects. The letter
states that while it is not their preferred practice, they are willing to consider a degree of extra funding
in the initial stages so that a good start can be made - the problem with this approach is that it leads to
an apparent slow-down in funding in the subsequent stages and subsequent municipal council's are sometimes
reluctant to recognize that this is the natural consequence of advance funding in the early stages, nevertheless,
if the City wishes to pursue this approach they are prepared to work out such a program.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the above letter be received and filed and the new
routing of the designated highway from the Wall Street Interchange to the Summerville Ferry be adopted by
Common Council as a top priority item and the Provincial Minister of Transportation be so advised.
(Councillor Landers withdrew from the meeting)
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Elliot
Seconded by ,Councillor Murphy
RESOLVED that the City Manager be authorized to have negotiations
commenced to acquire properties required for the proposed highway alignment from the Wall Street Interchange
to the Summerville Ferry, on the basis of independent appraisals being received on such properties.
230
.,
building
inspections
'\ North/Sourth
Arterial ,
'-Rockland Road
"Knights of Khorasan
, ,
"Resuscl Annell
" N.B.E.P.C.
Dock Street Power
" Plant
re-zoning
'\112 Princess St.
Lingley Printing
... Co. Ltd.
Planning Advisory
Committee
Discussion ensued with respect to'building inspection services provided by the City.
On motion of Councillor Elliot
.
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to report to Council on nc'" J
how, improvements can be made in the provision of building inspection services by the City.
(Councillor Landers re-entered the meeting)
The City Manager displayed a map showing the three proposed stages of,a land assembly project
in the Rockland Road area.
I
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the City Manager be authorized to have negotiations
commenced to acquire properties in Phase I of the Rockland Road area land assembly project, on the
basis of 'independent appraisals being received on such properties.
I
Question being taken, the motion was carried with Councillors Cl~k, MacCallum and Wayne
voting "nay".
On motion
The meeting adjourned.
~'
. Common Clerk "'^J-
.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
first day of January, A. D. 1980, at 7.00 o'clock p.m.
present .
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum,
,Pye, A. Vincent, M. Vincent and Wayne
- and -
I
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F; Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
N. Barfoot, Assistant City Manager, J. Gabriel, Deputy Commissioner of
Works, S. Armstrong, Deputy Commissioner of Engineering, M. Winch, Deputy
Commissioner of Community Planning, D. French, Director of Personnel,
J. Brownell, Assistant Director of Recreation and Parks, H. B. Steeves,
Deputy Building Inspector, and J. Dunham, Deputy Chief of Police
The meeting opened with a prayer which was offered by Deputy Mayor Elliot.
On motion of Councillor Murphy
Seconded by Councillor Wayne .
RESOLVED that minutes of the meeting'of Common Council, held on
January 14th last, be confirmed.
At this time Mr. Allister R. Ellis, Chairman of the Humanitarian Committee of Adelia Temple No.
157, Dramatic Order Knights of Khorasan, presented to the City on'behalf of the Temple a "Resusci Anne"
manikin for teaching artificial ventilation and external cardiac compression for use for training pur-
poses in the Fire and Police Departments. Mr. Ellis, who was accompanied at the meeting by several
members of the Order, outlined the aims and charitable undertakings of the organization. The Mayor
thanked Mr. Ellis for the presentation'which he accepted on behalf of the City.
I
The Mayor withdrew from the meeting and Deputy Mayor Elliot assumed'the Chair.
Deputy Mayor Elliot commented on activities held this date'when the official ceremonies closing
out the operation of the New Brunswick Electric Power Commission plant on Dock Street were held. He
stated that this plant, which came into operation in l889 and is being demolished to make way for the
Market Square development, was a plant that was in longer continuous operation then practically any other
such plant in the world. '
The Common Clerk advised that the necessary advertising was completed for the proposed amend- I
ment to the Zoning By-Law to remove the present restricton on the size of printing establishments that
may be permitted in the "B-3" Central Business Zone, to,permit'both floors of the building at 112 Princess ,~,
Street to be used for a printing business, as requested by Lingley Printing Company Ltd., and that no
written objections were received in this regard. No person was present"to speak either against or in
favour of the proposed amendment.
Consideration was given to the letter from the Planning Advisory Committee, dated January 11th,
1980 in this regard, recommending that the Zoning By-Law be amended by adding a new subsection to Section
118A to read: "(4) A printing establishment may occupy any or all portions of a building existing on or
before January 1, 1980, or such gross floor area of a building, erected after January 1, 1980, that is
equal to the gross floor area of a building existing'on the lot prior to, January 1, 1980". .
.oIIIl
,...
231
.
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I
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....
Zoning'
By-Law
re
Section U8A
re-zoning
'326 Main St.
"Norman IV.
Francis
re-zoning
'" MacKnight
Motors Ltd.
,Ashburn Rd.
On motion of Councillor Landers'
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", by adding a new subsection to Section 11SA to read:
"(4) A printing establishment may occupy any or all portions of a building existing on or before January 1,
1980, or such gross floor area of a building, erected after January 1, 1980, that is equal to the gross floor
area of a building existing on the lot prior to Japuary 1, 19S0", be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", by adding a new subsection to Section 11SA to read:
"(4) A printing establishent may occupy any or all portions of a building existing on or before January 1,
1980, or such gross floor area of a building, erected after January 1, 1980, that is equal to the gross floor
area of a building existing on the lot prior to January 1, 19S0"" be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed amendment be received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law to permit residential use of the ground floor of a building in a'''B-R'' Business Residential
zone whereas this is presently limited to business uses only, to permit the ground floor of the building at
326 Main Street to be used for residential purposes, as requested by Norman W. Francis, and that no written
objections were received in this regard. No person was present to speak either against or in favour of the
proposed amendment.
Consideration was given to the letter from the Planning Advisory Committee, dated January 11, 19S0
in this regard, which recommends that the "BR" zone be amended by deleting the clauses which prevent residential
occupancy of the ground floor level.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns deleting the clauses which prevent
residential occupancy of the ground floor level in the "BR" Business Residential zone, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Green
Seconded, by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns deleting the clauses which prevent
residential occupancy of the ground floor level in the "BR" Business Residential zone, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed amendment be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of about 14 acres of the MacKnight Motors Ltd. property on Ashburn Road, by: (a) amending Schedule 2-A,
the Future Land Use Plan of the Municipal Development Plan to designate the land as Heavy Industrial instead
of its current Low Density Residential designation, and (b) re-zoning the said land from "RF" Rural to "1-2"
Heavy Industrial subject to terms and conditions to be imposed by Council under Section 39 of the Community
Planning Act.
Consideration was given to a,letter from the Planning Advisory Committee, dated January 14th, 19S0,
advising that on December 17th, 1979 Council received a letter from the City Manager which indicated that ~IT.
A. MacKnight had agreed to II conditions of approval to the re-zoning of his property on Ashburn Lake Road,
which conditions were suggested to the Council by the Planning Advisory Committee on June 25th, 1979, not-
withstanding the fact that the Committee was opposed to the approval of the re-zoning application; on the
advice of the City Solicitor, the Council decided to re-advertise the proposal and refer it to the Planning
Advisory Committee for a report and recommendation and the Committee, subsequently, provided notice of the
application to area residents and outlined the conditions of approval that were being contemplated. The
letter states that at its meeting of January Sth, 1980, the Committee had intended to review the matter again
and make a recommendation and Mr. MacKnight (along with two residents in opposition to the re-zoning) was
present and advised that he would not accept the 11 conditions of approval and further stated that the City
Manager would be presenting new recommendations - the Committee was somewhat shocked by these assertions, in
view of the City Manager's letter to Council to which the Committee has already referred. The letter advises
that as a result of the most recent events, the Committee felt it had no choice but to table the matter and
request the City Manager's comments, which is particularly unfortunate since the residents had taken the time
to respond to the Committee's most recent notice and appear before the Committe at its last meeting and even
though the Committee has tabled the matter, this letter is being sent so that it can be considered at the
Council public hearing this date. The letter further advises that a final decision on the present application
has been "deferred" for more than nine months at significant expense to the City and inconvenience to area
232
.,
re-zGning
'MacKnight Motors
" '
Ashburn Lake Road
.... (motion lost)
Dangerous &
, dilapidated bldg.
,394 Sandy Point Rd.
'-
tender awarded
residents and the Committee feels that the City has'beenmore than fair in 'trying to negotiate a reason-
able solution. For the assistance of the Council, a brief resume of the events relating to this ap-
plication and a list of the 11 conditions (and explanatory map) which have been advertised, is submitted
with the Committee's letter.
Consideration was also given to a letter from Mr. Alden W. MacKnight, President of MacKnight
Motors Ltd., stating that if conditions of re-zoning'their Ashburn Lake Road property to Industrial
zoning are those as listed in the newspaper advertisement, they wish to withdraw their application for
re-zoning and to have released their performance bond. The le~ter states that MacKnight Motors Ltd. was
given to understand the City Manager's office was to recommend changes they could have lived within, and
without these changes they cannot operate.
The Mayor re-entered the meeting and resumed the Chair in Common 'Council during discussion of
the above matter.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above matter be withdrawn, as requested by Mi.
MacKnight.
During discussion, Councillor Wayne noted that the matter was tabled at the last Planning
Advisory Committee meeting and was to have been discussed at the Committee's meeting again tomorrow.
She noted that the Committee has not received any suggested changes from the City Manager's Office to
the conditions.
~
Question being taken, the motion was carried with Councillors Knibb and MacCallum voting
"nay".
Councillor Landers inquired when legal action will be taken by the City with respect to the
property of MacKnight Motors Ltd. Mr. Rodgers replied that he assumes the City Manager will call on his
inspectors and By-Law Enforcement Officer and have them do the necessary investigation and proceed from
there.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that all correspondence with respect to the above
proposed re-zoning be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that Mr. MacKnight be heard at this time.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Gould, Landers,
Pye and A. Vincent voting "nay", a two-thirds majority vote of the total membership of Council being
required in this instance.
Notice had been sent to Investment Securities Limited, owner of the Freehold, to appear at
this meeting to show cause, if any, why the building located at 394 Sandy Point Road should not be
removed or destroyed as a dangerous or dilapidated building. Mr. Steeves referred to his report to
Council and exhibited photographs of this property. He noted that this building had previously been
before Council on December lOth, 1979 and it was Council's wish 'at that time that the building be
demolished, however, at the time it could not be determined who the owner was and since then they have
discovered the owner; Investment Securities Limited, and on the advice of the Legal Department they felt
it wise to serve the proper notices and have it brought again before Council. He 'stated that in his
opinion this one-storey wood frame building is beyond repair, dilapidated and dangerous, being a fire
target, and he would therefore recommend that the said building be declared dilapidated and dangerous
and the owners be compelled to destroy or remove this building under the provisions of the 1925 Building
Act. No person was present with respect to the said property.
On motion of, Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that notice having been given to Investment Securities
Limited, Owner of the Freehold, being the owner, as appears by the records of the Registrar of Deeds for
the County of Saint John, of the building located at civic number 394 Sandy Point Road, in the City of
Saint John, requesting that the said owner appear before this meeting of the Common Council to show
cause why the said building should not be removed or destroyed as a dangerous or dilapidated building,
and having considered the report of the Deputy Building Inspector; the Common Council hereby deems and
declares the said building located at 394 Sandy Point Road, in the said City, to be dilapidated and
dangerous:
AND BE IT FURTHER RESOLVED that the said Investment Securities Limited is hereby required 'to
remove or destroy the said building situate,at civic number 394 Sandy Point Road, in the City of Saint
John, within ten days after receiving notice to do so by the Deputy Building Inspector:
----
.
I
I
.
I'
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I
AND BE IT FURTHER RESOLVED that upon failure of the said Investment Securities Limited to
remove or destroy the said building situate at civic number 394 Sandy Point Road, in the City of Saint
John, in compliance with the request of such notice, that the Deputy Building Inspector cause such work 1
to be done and the cost thereof recovered from the said Investment Securities Limited. , ~
Councillor MacCallum suggested there is a discrepancy in the letters from the Legal Department
and the solicitor for Investment Securities Limited, attached to the report from Mr. Steeves with regard
to ownership of the building - it appears that the, freehold is vested in Investment Securities Limited
but he thinks the leasehold interest is vested either by an informal or unregistered document in the
late Mrs. Haberfield. He stated that it should be noted that any claim for demolition would have to be
against Mrs. Haberfield as he does not feel we can hold the company liable for the demolition cost.
Seconded by Councillor Go~ld
RESOLVED that as recommended by the City Manager, the tender of
.....
,...
'\.. tender awarde
.
Shamrock
\ Realty Ltd.
King Edward
School
\
I
Dangerous &
'" dilapidated
bldg.
I'
'- 230 Rockland
Road
Donald Mac-
Gowan
.
I
394 Sandy,
'- Point Rd.
.
"
(motion
rescinded)
I
capital
'--- proj ects
I
Rockwood Ave,
~
Marlborough
St, Oakland
St.
\ Sunrise Cont.
Ltd.
'-.watermain
,
Wm. Woodhous
.
'-
Salvage Corp
&~'Fire-Po1ic
....
;,...' . .:,~'",;;l..,...~~"~.'T-{ ....:.:::.
233
amroc ea y ., In e accep e
II, consisting of the conversion of four ,existing classrooms into
room, lounge and washroom, plus an adult education facility for a
theatre to be constructed in the existing gymnasium balcony area,
Clerk be authorized to execute the contract.
or renova lons 0 lug war C 00, ase
Social Service offices, an Arts and Crafts
senior citizen's on-going program and a mini-
be accepted, and that the Mayor and Common
Councillor Wayne suggested that it should be included in such recommendations that such contracts are
cost.,shared between the three levels of government. In response to a 'query of Councillor A. Vincent regarding
the specifications for the above contract, Mr. McDermott stated that in discussing the matter with the Engineering
and Works Department, he has been advised that it will take two weekst6 have this matter finalized. Councillor
Knibb expressed his criticism that King Edward School is not open on Saturdays and Sundays and he would, like an
assurance that if money is spent on such buildings, it will be spent on the continual operation of such facilities
Mr. Brownell reported that at various times the Recreation Department has attempted to initiate Saturday program.,i
ming in all the City's centres and it seems that the children do not respond to different types of programming
that are structured, and the Department has started again this Saturday to give a programme which they hope the
children will respond to.
(Deputy Mayor Elliot re-entered the meeting and Councillors Clark and Landers withdrew)
Notice had been sent to Corporation 4 Holdings Ltd., Mortgagor; and The Royal Trust Company, Mortgagee,
to appear at this meeting to show cause, if any, why the building located at 230 Rockland Road should not be
removed or destroyed as a dangerous or dilapidated building. Mr. Steeves referred to his report to Council and
exhibited photographs of this building. He stated that in his opinion this two-storey wood frame building is
beyond repair, dilapidated and dangerous, being 'a fire target, and he would therefore recommend that the said
building be declared dilapidated and dangerous and the owners be compelled to destroy or remove this building
under the provisions of the 1925 Building Act.
Mr. Donald MacGowan was present at the meeting on behalf of Corporation 4 Holdings Ltd. and stated
that he takes exception to the procedure in this regard. He stated that under the 1925 Building Act there are
certain duties allocated to the Building Inspector and there is also a power given to the Council by virtue of
Section 14 to appoint a Deputy to act for him during his illness or absence and that such person would have the
same powers as the Building Inspector, and he submits that it is his understanding there is no Building Inspector
in existence for the City at this time and therefore he suggests that the Building Inspector can neither be
absent nor ill, and accordingly, the Deputy Building Inspector has no power whatsoever under this Act - there-
fore he submits the whole procedure is invalid ,because the notice commencing the proceeding is invalid having
been given by the Deputy Building Inspector.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the above matter be laid on the table for two weeks for a
written opinion from the Legal Department on the point raised at this meeting by Mr. Donald MacGowan.
Mr. Rodgers advised that such a resolution is valid, and if it is adopted the procedure will have to
be commenced again.
Question being taken, the motion was carried with Councillors Gould, MacCallum, Pye, M. Vincent and
Wayne voting "nay",
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the item respecting property located at 394 Sandy Point
Road be reconsidered at ,this time.
Mr. Rodgers stated that he will be advising the Deputy Building Inspector not to take any further
action until the legal opinion is received by Council.
Question being taken, the motion waS carried with the Mayor and Councillor Knibb voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor MacCallum
RESOLVED that the resolution adopted at this meeting declaring the
building located at civic number 394 Sandy Point Road to be dangerous and dilapidated, be rescinded.
(Councillor Clark re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following contract payment certificate, in connection with the following named
capital project:-
1.
Rockwood Avenue, Marlborough Street, Oakland Street
Sunrise Contractors Ltd.
Supply and installation of approximately 850 feet of
watermain and 1,612 feet of storm sewer
Current budget allotment
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated January 10,
~ 89,807.80
89,807.80
Nil
87,113.57
Number 4,
1980 $ 2,694.23
(Councillor Landers re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager and the Fire Chief, Mr.
William Woodhouse, 15 Mecklenburg Street, be sworn as a member of Number 2 Company, Salvage Corps and Fire
Police, and that a warrant be issued to him.
234
.,
". Murphy Building
,W. E. Kelly Ltd.
,
Lawrence Cheslock
, Murphy Building
. Lawrence ,Cheslock
'-W. E. Kelly Ltd.
'-
Murphy Bldg.
'-
W.E. Kelly Ltd:.,
progress payments
- Geoffrey Simson
'S.J. Arts Council
'- National Ballet 'of
Canada
Read a letter from the City Manager with regard to Council resolution of January 1 th, 1980
which referred the recommendation of the Land Committee for payment of progress claims totaling $64,075.60
to W. E. Kelly Ltd. for repairs on the building at l58-16o Prince William Street, to the City Manager
for a report regarding the procedural problems in this regard, and for his recommendation, advising .
that as was reported to Council at that same meeting, the procedure began with Council's authorization
on August 13th, 1979 which adopted recommendations that several steps be taken to preserve City-owned
buildings in the Prince William Street area, including the immediate repair of the Murphy building, the
appropriation of $260,000.00 for repairs 'to this and other City buildings, and the establishment of the
Preservation Review Board, the last two recommendations being adopted by Council on August 13th and the
repairs authorized by Council at its meeting of August 27th. The letter states that these repairs were
commenced under the superivision of the Works Department and it soon became ,evident that the work
required an architect and a contractor working closely together in order to achieve an adequate repair
job at a reasonable cost and this was discussed at the Committee of the Whole meeting ,on October 15th,
1979 wh~n i~ediate work on the back wall of the building was again approved out of the $260,000.00 and 1
Mr. 'Lawrence Cheslock was engaged to prepare a draft conceptual design, with detailed information to
follow. The letter advises that Mr. Cheslock, working with Mr. Kelly, presented a plan to rehabilitate
the building which was considered by Council in Committee of the Whole on November 5th, 1979 at which
time Council approved the proposal from Messrs. 'Cheslock and Kelly at an estimated cost of between
$90,000.00 and $100,000.00 and as Council had already given broad authority for the repairs to be done,
the work was continued without delay particularly, in view of the latness of, the season; at that stage',
even though Council had approved of the work in general in open session, Council should have been
presented with a report from the City Manager 'or from Committee of the Whole formally approving Mr.
Cheslock and W. E. Kelly Ltd. in open session and he 'will endeavour in the future to work more closely I
with the Common Clerk to ensure that all matters from Committee which require open Council approval are
dealt with promptly; finally, the progress claims for the work were sent on by the City Manager to the
Land Committee for perusal prior to submission to Council, because members of the Land Committee had
been so closely involved with the various stages of the work - the claims were dealt with by the Land
Committee at their first meeting and recommended for payment directly to Council, and in future,
recommendations to Council for payment will be made by the City Manager; The letter recommends that
the report be received and filed and the progress claims for W. E. Kelly Ltd. for repair work at 158-
160 Prince William Street, totalling $64,075.60, be paid.
Considerable discussion ensued with respect to the procedure followed in this regard as
pointed out in the above letter from the City Manager., Councillor Landers stated he is opposed to this .
matter as the work was not put out for public tender or public proposals. Deputy Mayor Elliot stated
that he too is an advocate of the tendering process, however, in cases such as this it is often not
feasible to call tenders. Councillor MacCallum expressed his agreement with the difficulty in preparing
specifications for such work, and in addition, he feels such bills should have been processed promptly
when they were received by the City. Councillor Clark noted that under the Municipalities Act all
contracts must be executed and sealed on behalf of the City which was not done in.this instance, nor is
it followed in some other cases. Councillor Wayne stated that she 'does not concur with the manner in
which this matter was handled and in future she will not vote in favour of such items unless the hiring
of the contractor is ratified in open, session. Councillor A. Vincent noted that the City Manager was
instructed by Council in Committee of the Whole to engage the architect and contractor for this work.
Councillor Murphy stated that Council was aware, and approved, the hiring of the contractor and the
bills should be paid. Councillor M. Vincent asked if a resolution was passed in Committee of the Whole
authorizing this work. The Common Clerk replied that the engagement of Mr. Cheslock was approved in I
Committee of the Whole and Mr. Kelly was discussed. Councillor M. Vincent suggested that for the
record Council should approve a resolution formally approving of the hiring of the contractor.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that resolutions adopted by Council in Committee of the
Whole authorizing the engaging of Mr. Lawrence Cheslock as architect, and W. E. Kelly Ltd., as contractor,
with respect to repairs to the building located at l58-160 Prince William Street, be confirmed:
-......
AND FURTHER that the ,above letter from the City Manager be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that authority be granted for payment of the following
bills from W. E. Kelly Ltd. up to December 31, 1979 in connection with repairs to the Murphy building
at 158-160 Prince William Street, namely:- Progress Claim No.1 $6,993.14; Progress Claim No.2 $2,847.44;
Progress Claim No.3 $2,893.88; Progress Claim No.4 $9,945.81; Progress Claim No.5 $12,728.06; Progress
Claim No.6 $12,966.45; Progress Claim No.7 $9,979.11; Progress Claim No.8 $5,921.71 -- totalling
$64,075.60.
.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor A. Vincent
I
Seconded by Councillor Landers
RESOLVED that the City Manager instruct, staff that all bills
are to be processed for payment promptly.
Mr. McDermott stated that he will investigate the alleged delay in having the above progress
payments of the Kelly firm processed, and will report to Council in this regard.
Mr. Geoffrey Simson, President of the Saint John Arts Council Inc. advised that the National I
Ballet of Canada would like to come to Saint John in October and that the Ballet usually only performs in
Fredericton and Sackville, however, due to efforts of the Saint John Arts Council the Ballet has agreed to
perform this 'year in Saint John, in lieu of Fredericton. He stated that although the Arts Council is
experienced in the sponsorship of nationally recognized Ballet and Opera companies, with their 1979-1980
season including both the Canadian Opera Company and the Royal Winnipeg Ballet, they feel they must
solicit the support of both the City of Saint John and other sponsoring groups in order to undertake a
three-performance engagement. Mr. Simson stated that the Arts,Council would like assistance from the City
in covering a loss up to $2,000.00 for the performance by the National Ballet. He referred to the pro-
jected incomes and expenses for this performance, copies of which had previously been supplied to the
Council members. The correspondence from the Arts Council notes'that the Ballet has consented to accept
an agreement with the condition that if revenues fall below'$15,000.00 the Saint John Arts Council will .
assist in covering the loss to a maximum of $2,000.00 and the Arts Council has in the past requested and
has been granted assistance in underwriting a loss for local productions and to date have not had to take
advantage of this financial backing, and the Arts Council is looking Once again to the City of Saint John
for similar assistance. The Mayor thanked Mr. Simson for his presentation and stated that Council will
render a decision later ,in the meeting.
.oIIIl
,...
.... -"."')
235
\
.
North/South
Arterial
Wall St
, Interchange
I
tender
, ''';~
'- asphalt
I
'Metro Const.
(1978) Ltd.
.
Committte of
the Whole
Report
I
.-\
Federal Task-
force on
Airport
Management
\.. Land Commi t t e
'-Woodlawn Park
.
Subd. Agree-
\ ment
David M.
\" Lunney &
Assoc.
Garfield
'- Lucas
I
I \. Marie Trainor
.
....
On motion of Councillor Murphy';' ,-_
Seconded by Councillor M. Vincent
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, advising that in order to finalize traffic distribution at the
new Wall Street Interchange, it is proposed that Hazen Street be designated a one-way street operating in a
westerly direction from Garden Street to Dorchester Street; and further advising that during the construction
phase a number of restrictions were implemented in connection with Dorchester Street being made a one-way
street from Wall Street to Carleton Street; and recommending that the proposed amendments to the Traffic By-Law
as noted in the letter be referred to the Legal Department for processing -- be received and filed and the
recommendation adopted.
Councillor Green asked that staff investigate the possibility of permitting left-hand turns from
Carleton Street to Sewell Street, to alleviate traffic congestion ,which occurs during peak periods with vehicles
leaving the parking garage.
Read a letter from the City Manager and Commissioner of Engineering and Works with regard to tenders
received for the supply of asphaltic mixes for the City of Saint John. The City Manager notes in the said
letter that the present contractor, Stephen Construction Ltd., has given the City good co-operation, service,
quality, and price over the past eleven years, however, the low tenderer is clearly Metro Construction (1978)
Ltd. and it is recommended that their tender be accepted.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, the tender of
Metro Construction (1978) Ltd. for the supply of asphaltic mixes for the City of Saint John, be accepted.
On motion of Councillor Wayne
Seconded by CouncIlor MacCallum
RESOLVED that the above matter be laid on the table for one week.
Question being taken, the tabling motion was carried with Councillors Elliot, Gould, Landers and A.
Vincent voting "nay".
Councillor A. Vincent stated he would like some assurance that in light' of the matter being tabled,
that the contractors will be given an extension to the specifications regarding the supply of the required
plant. Councillor Murphy inquired why this matter is being tabled for one week. Mr. Rodgers replied that it
is for clarification of the specifications.
Read 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 begs to report that it sat on Monday, January 14th, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Landers, MacCallum, Murphy, Pye, A. Vincent, M.
Vincent and Wayne, and your Committee submits the following recommendations, namely:-
1. That the Federal Task Force on Airport Management be advised that Common Council does not consider
that further development by the Federal Government of the local airport authority concept should take place.
2. That the report from the Land Committee, dated January 11th, 1980 regarding Woodlawn Park, Phases 2
and 3, advising of a meeting with Mr. D. Lunney when the points as outlined in the City Manager's recommenda-
tion to Council were clarified, be received and filed:
AND FURTHER that the letter from the City Manager advising that Council, at its meeting of July 9th,
1979, approved the execution of subdivision agreements with respect to Woodlawn Park, Phases 2 and 3 and the
developer, David M. Lunney and Associates and Garfield Lucas, does not intend to develop the subdivision itself
but to assign it to a third party, which third party has indicated that they will not entertain the transaction
until such time as all approvals from the City have been received, the Agreement signed, and the plan filed;
further advising that before the agreement can be signed, the developer is required to deposit with the City a
sum or bond sufficient to cover the cost of the work to be done by the developer under the subdivision agree-
'ment - because the developer is not immediately proceeding with the development himself, he is proposing to
give to the City for each subdivision agreement a mortgage on certain lots within the subdivision ~ the security
offered by mortgage is not intended to be equivalent in value to the performance bond, but merely intended to
secure the submission of the bond before actual work on the subdivisions commences - the mortgage is secured by
two lots in the fourteen-lot Phase 2 subdivision, and by six lots in the forty-eight lot Phase 3 subdivision;
the proposal by the developer has been examined by the Legal Department, and their opinion is that the mortgage
documents as drafted satisfactorily secure the required performance of the relevant paragraph of the subdivision
agreements, however, because this represents a slight change from normal policy, Council's approval should be
obtained, ,and recommending that Council accept, the mortgages offered by the developer as security for the
delivering up of the required performance bond on Phases 2 and 3 of the Woodlawn Park Subdivision, be taken
from the table and adopted, subject to the approval by Council of the necessary legal documents.
3. That the letter from the City Solicitor with reference to a report to Council dated December 17th,
1979 from Mrs. Marie Trainor, advising that he has examined the report for the purpose of looking for new and
additional information which has not been before considered by the City and the only point he can find which he
has not considered before was Mrs. Trainor's comment that "he (Sergeant Kenneth G. Trainor) should have received
disability allowance under Section 9(2) of the Pension Act, not 9(1), and that in reviewing and examining
Section 9(1) and (2) of the Pension Act, it is his opinion that Sergeant Trainor was retired by the City under
the appropriate Section, that is, Section 9(1), which section talks about a disability "not of a mere temporary
nature", but goes on to talk about the participant resuming his duties - in other words, this Section is
designed for a participant who is disabled for a period but is not totally and permanently disabled; further
advising that it is interesting to note that Section 9(2), the subsection in which Mrs. Trainor believes her
husband should have been retired, is designed to deal with a participant who, "while engaged in the actual
performance of his duties, is rendered totally incapacitated as regards the performance of his duties", and it
is obvious why the City did not retire Sergeant Trainor under subsection (2), when one considers the lack of
medical evidence to show total incapacity; and summarizing that he cannot find any information in Mrs. Trainor's
brief to cause the City to reconsider its legal position, and that from the information and documentation
available, it is his opinion that Sergeant Trainor was retired under the proper Section of the Pension Act, be
taken from the table and confirmed and a copy forwarded to Mrs. Trainor, with the further advice that she
supply medical evidence to the Mutual Life Assurance Company of Sergeant Trainor's physical condition from
pril 1970 to September 1974.
236
"
David M. Lunney &
Assoc.
,
"', (motion lost)
"'
Marie Trainor
\.
re-zoning
,S. & A Holding'
Ltd.
" Woodward Ave.
'\ . T
D'AnJOU ransport
Ltd.
Saint John, N. B.,
January 21st, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that section 1 of the above report be adopted.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that section 2 of the above report'be adopted.
(Councillors Landers, A. Vincent and M. Vincent withdrew from the meeting)
Councillor Wayne noted that the report considered in Committee of the Whole at the last
meeting stated that Mr. Lunney advised that he. does not now intend to assign the development of the
subdivision to a third party, as referred to in the above motion. She suggested that this should be
clarified in the actual resolution to be adopted by Council. Councillor MacCallum suggested that the
proper name of the developer, either David M. Lunney & Associates, or David M. Lunney & Associates Ltd.,
should be clarified.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table.
Question being taken, the tabling motion was lost with the Mayor and Councillors Clark,
Elliot, Green, Knibb, Murphy and Pye voting "nay".
Moved in amendment by Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that section 2 of the above report be amended by delet-
ing the reference to assignment of development of the subdivision to a third party.
Question being taken, the amendment to the motion was carried with Councillors MacCallum, Pye
and Wayne voting "nay".
Question being taken, the motion as amended was carried with Councillors MacCallum, Pye and
Wayne voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that section 3 of the above report be adopted.
AND FURTHER that a copy of the letter considered by Council in Committee of the Whole at the
last meeting, from the Commissioner of Finance, be also forwarded to Mrs. Trainor.
The Mayor stated that Mrs. Trainor has had difficulty obtaining information from Canada Pension
on her husband's record, and that such information is now available to her only, under the new Freedom
of Information Act. He advised that Miss Inge Hansen of the Human Rights Commission was in the City
recently and was most interested in this matter.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the above information be given to Mrs. Trainor.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letters from the Planning Advisory Committee
and Mr. Rodney J. Gillis, solicitor for S & A Holding Ltd. advising that the said company wishes to
withdraw the re-zoning application regarding property on Woodward Avenue, be received and filed and the
said application be withdrawn.
Councillor Murphy stated that on or about November 7th, 1979 a letter from D'Anjou Transport
Limited concerning a water problem on their property on Fairville Boulevard was referred to the City
Manager for, a report and recommendation, and due to an enquiry he received on January 15th he would ask
if the City Manager is prepared now to make a report on the condition and possible ,action to be taken to
correct the problem. Mr. McDermott stated that this matter is presently under investigation and a
report will be available at the next meeting of Council. Councillor Wayne noted that she and Messrs.
Barfoot and MacKinnon met with representatives of the Provincial Environment Department with regard to
water course and stream alterations and she 'is sure they could report to the City Manager for inclusion
in his report to Council. Councillor Clark stated that this matter should have been handled ,by a telephone
call to the City Manager, rather than being presented in open session of Council.
(Councillor M. Vincent re-entered the meeting)
On motion of Councillor Wayne
.
1
1
.
I,
.
I
1
Seconded by Councillor Murphy
RESOLVED that ..the matter of a water problem on the D'Anjou Trans- .
ort Limited property on Fairville Boulevard be referred to the City Manager for a report and recommendation.
....111
,....
- .... . '-:-. . ~..-
...:;;:...,-
237.
"
On motion of Councillor Murphy ,
.
Counc. Murph
261 Milford
Road
I
22 Millidge
'- Street
\226 1/2 &
\...228 Rockland
Road
I
Counc.
. ..... Elliot
fire alarm
'- boxes
-\'
~\'7 v.,y) '>
, \-J}
Elizabeth
'\ LeBlanc
I
re-zoning
re-zolling
S & A
'\ Holding
,Somerset St
,C.O. 1. L.
Inc.
.
re Market
, Square
I
"
grant
S.J. Senior
Aid &
, Research In
I
"-Henderson Rd
request for
culvert
'-.
S. J. Boys &
Girls Club
.
union
meetings
....
Seconded by Councillor A. Vincent
RESOLVED that the matter 'of an ice condition at 261 Milford Road, as
referred to in a letter from Councillor Murphy, be referred to the City Manager for a report and action.
Councillor Knibb expressed his agreement with the comments previously made by Councillor Clark
regarding the procedure adopted by Council not being followed when such matters are placed in open session of
Council.
(Councillor Landers re-entered the meeting)
Councillor Pye referred to the demolition of property at 22 Millidge Street, and stated that such
demolition contract was never completed and the site was not cleared. He stated that the charred ruins of two
adjoining properties at 226 l/2 and 228 Rockland Road still remain untouched and pose a danger.
On motion of Councillor Pye
Seconded by Councillor Murphy
RESOLVED that the City Manager be requested to refer the condition of
premises at 22 Millidge Street and 226 1/2 and 228 Rockland Road, to the appropriate staff for immediate
investigation and action, and that a report regarding this matter be submitted to Council at the next meeting.
Councillor Landers asked if the above item is properly on the Council agenda.
(Councillor Gould re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that,the letter from Deputy Mayor Elliot advising that recent
press statements report that the major percentage of false alarms in the City originate from street alarm boxes
and false alarms are costly and could result in serious accidents and also, street alarm boxes are used less
and less in summoning fire equipment, be received and filed and the City Manager study the matter of the
continued use of street fire alarm boxes and related matters, and report to Council.
Councillor M. ,Vincent referred to detailed reports which exist in ,this matter and he suggested that
this documentation be also brought forward when the subject is considered.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from Elizabeth LeBlanc requesting that the
application for re-zoning of property at 213 Ludlow Street West be withdrawn, be received and filed and the
said application be withdrawn.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the application of S & A Holding Ltd. for re-zoning of the
Ltd Snowflake Lime property on Somerset Street, be referred to the Planning Advisory Committee for a report and
recommendation and that authority ~e granted for the necessary advertising in this regard.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the request as contained in a letter from Mr. Donald J.
Shea, President of C.O.I.L. Inc. that the Market Square development comply with Supplement #5 of the National
Building Code, be referred to the architect for the Market Square development, and that the remaining items
contained in the said letter be referred to the City Manager.
Councillor Wayne spoke of discussions held by the Saint John Transit Commission regarding previous
requests of the above organization. Councillor A. Vincent stated that he understands that the City of Freder-
icton received Federal funding for a bus and driver for use by disabled persons, and he suggested that the
matter of such Federal funding should be pursued by the City of Saint John. Councillor Wayne agreed to have
this matter discussed at the next meeting of the Transit Commission. Mr. Zides advised that the matter of
accessibility to buildings for disabled persons is a requirement under the City's Building By-Law now, and in
the case of Market Square, there will be several points of access for disabled persons. Councillor Clark,
Chairman of the Saint John Transit Commission, asked if the City Manager could investigate the matter of
Federal funding as raised at this meeting by Councillor A. Vincent.
On motion of Councillor Gould
Seconded by Councillor
Wayne
RESOLVED that the request from Saint John Senior Aid and Research Inc.,
of $2,000.00, be referred to the Human Development Council for a recommendation
55 Canterbury Street for a grant
to the grants committee.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from Mrs. Robert Ferguson, Mrs. Arthur Myers, and
Mrs. Marven McAllister, requesting installation of a culvert on Henderson Road, Martinon, be referred to the
City Manager for a report and action.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letters from the Saint John Boys & Girls Club, Greater
Saint John District C.U.P.E. Council, and Saint John Fire Fighters' Association, Local Union No. 771, regarding
the rental of space at the said Boys & Girls Club building, be received and filed.
Councillor Wayne stated she has a list of the Union meetings for 1979 and the revenues received for
rental at the Boys and Girls Club, and that she had intended that copies of this information be supplied to the
238-
~)q
.,
S.J. Boys & Girls
, Club
'- grant
,S.J. Arts Council In
National Ballet of
, Canada
Council meeting
"
LEGAL
S E S S ION
asphalt
....
Stephen Construction
\
"-
Metro Construction
"
Atmus Equipment Ltd
tender for supply
of asphaltic mixes
legal opinion
Council members. Councillor A. Vincent stated that it is the policy of the City that any association
receiving a grant supply a certified audit. He further stated that contrary to the statement made in one
of the above letters, he has never said he has spoken for labour, and he feels it is wrong for any
organization to encourage Unions to meet at the said Club for a cheaper rent. Councillor MacCallum stated
that for the record the audit of the Boys and Girls Club accounts is being carried out at the present
time. Councillor M. Vincent suggested that the list referred to by Councillor Wayne, of which he has a
copy, be supplied to the Council members.
.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the request of the Saint John Arts Council Inc. that
the City of Saint John agree to underwrite a loss to a maximum of $2,000.00 for performances by the
National Ballet of Canada, be referred to the Human Development Council for a recommendation to the
grants committee.
1
The Mayor noted that the Fed,eral election will be held on Monday, February 18th, 1980 and he
asked the wish of Council with regard to the Council meeting which would normally be held on that date.
On motion of Councillor A. Vincent
1980.
Seconded by Councillor Wayne
RESOLVED that a Council meeting be held on 'Tuesday, February 19th"
1
Question being taken, the motion was carried with Councillors Gould, Green, Landers, Pye and M.
Vincent voting "nay".
(The Council met in Legal Session prior to the regular meeting at which all Council members
were>presend.
Consideration discussed ensued with respect to the specifications for the supply of asphaltic
mixes for the City of Saint John. The Mayor referred to discussions which took place at the last Committee .
of the Whole meeting regarding the specification requiring a ,three-ton batch plant. Mr. Rodgers referred
to Article 6 of the said tender specifications and stated this article was again brought to his attention
today by Councillor Wayne, and he noted that the said Article 6 in the second paragraph refers to the
"successful tenderer", and a company gets the contract by having a modern automatic batch type plant as
'called for in the first paragraph of the said Article 6. He stated 'that the, second paragraph refers
to production of the plant within three months from the award of the tender, or April 1st, and under the
first paragraph a company must have such a plant when the contract is awarded. He stated that what was
intended, according to the Commissioner of Engineering and Works, was that a firm would have until April
1st to obtain a plant, which is not what the specifications state, and in his opinion this puts the Stephen
Construction firm in a very strong legal position and he felt he had to point this matter out to Council
prior to the matter being considered in open session this date. Considerable discussion took place as to
the intent of the specifications' in this regard, and the exact wording of the said, Article 6. Messrs.
MacKinnon and Barfoot were in attendance at the 'meeting and answered queries posed by the Council members.
During the discussions, Mr. Rodgers advised Council that if a contractor was unable to have the required I
plant in operation by April 1st, 1980, the $50,000.00 performance bond does not apply. Reference was also
made to a letter which accompanied the tender of Metro Construction from Atmus Equipment Limited of Fred-
ericton, and to a letter which accompanies the staff report to be considered in open session, from Metro
Construction confirming that they can and will comply with all the terms and conditions of the tender
called included in Article 6.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the following tenders received for the supply of
asphaltic mixes for the City, namely, from Stephen Construction Ltd. and Metro Construction (1978) Ltd., be
considered as meeting the specifications.
Question being taken, the motion was carried with Councillors Clark, Murphy, MacCallum, Pye, M. .
Vincent and Wayne voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that an outside legal opinion be obtained regarding the
specifications for the above contract.
Question being taken, the motion was carried with the Mayor and Councillors Gould, Knibb, Landers
and A. Vincent voting "nay".
I
On motion
The meeting adjourned.
~"'
At a Common Council, held at the City Hall, in the City of Saint John,' on Monday, the twenty- 11I_
eighth day of January, A. D. 1980, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
.
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
..oil
,...
Z39
.
I"
"
Death
F. Rodgers, City Soli~itor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner' or Community Planning and Development,
N. Barfoot, Assistant City Manager, S. Armstrong, Deputy Commissioner
of Engineering, M. Winch, Deputy Commissioner of Community Planning,
D. Wilson, Deputy Commissioner of Finance, D. French, Director of
Personnel, J. Brownell, Assistant Director of Recreation and Parks,
J. F. Ross, Chief of Police, J. Breen, Deputy Fire Chief, and H. B.
Steeves, Deputy Building Inspector
Reverend E. Lloyd Lake or All Saints Anglican Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
January 2lst last, be confirmed.
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED
Frank W., Murra Frank W. Murray, who was a member of the Power
'-
..I
'-
Bank alarms
.
City Mgr.
Comm. of Eng
Works
D'Anjoy Trans-
port Ltd.
"
flooding
1
\ Dept. of
Environment
.
City Mgr
Comm. of Eng &
Works
Norcast
(Cycloffiet)
\ Division
Spruce Lake
\ Landfill Site
'\junked autos
I
Henderson Rd
cui vert
I'
D. Hatfield
Ltd.
asphaltic
\ mixes
Stephen
'\ Const. Ltd.
e' Metro Const.
(1978) Ltd.
\ E. L. Teed
~ Gilbert, ,:,
McGloan, Gill s
& Jones
....
that a letter of sympathy be forwarded to the family of the late
Commission for a period of twenty-two years.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard to the request
of Local 61 that establishments who call in false bank alarms be charged after two false alarms per month,
advising that Police Chief Ross has been reviewing the situation, with particular reference also to the fact
that Amplitrol are changing over the alarm system and will be completed in about a month's time, and the Chief
does not agree with the suggestion of Local 61, but will continue to monitor the situation, be received and
filed.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the joint report from the City Manager, Commissioner of
& Engineering and Works, and Deputy Commissioner of Engineering with regard to flooding problems at the D'Anjou
Transport Ltd. property on Fairville Boulevard, advising that from investigations conducted by staff it has been
determined that this drainage problem is not the responsibility of the City and it appears the problem is
caused by fill on a neighbouring property blocking the natural flow of water, and suggesting that D'Anjou
Transport Ltd. contact the owners of the neighbouring property to attempt to resolve these problems -- be
received and filed and a copy be forwarded to D'Anjou Transport Ltd. for their information.
Councillor Murphy stated that the City could easily correct the above problem by digging a short
trench and laying pipe from the pond into the first catchbasin and he 'reels the City is shirking its responsi-
bility in this matter, During discussion with the City Manager, Councillor Murphy was advised that staff will
make suggestions to the owners on what can be done to alleviate the flooding problem.
Councillor Wayne asked that Council receive a report on meetings held in Fredericton with the Depart-
ment of Environment on stream alterations and a policy in. this regard.
(Councillor Knibb entered the meeting)
Councillor Murphy voted "nay" to the above motion.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED 'that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, with regard to the letter from Norcast (Cyclomet)
Divi~ion of the Noranda Group suggesting that the City consider designating the landfill site as a collection
centre for white goods and derelict autos and in turn sell such waste to Norcast at an agreed fee, recommending
that the current policy banning junk and derelict autos because of their high fire risk from the City's landfill
site be continued and staff discuss with reprentatives of Norcast the benefits and possibilities of salvaging
white goods only, be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the
Engineering and Works, and Deputy Commissioner of Works
on Henderson Road, Martinon, recommending that the said
the spring of 1980 and that Mrs. R. Fergus, Mrs. Arthur
and filed and the recommendation adopted.
joint report from the City Manager, Commissioner of
with regard to the request for installation of a culvert
work be carried out as scheduled by the department in
Myers and Mrs. M. 'McAllister be so informed, be received
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager authority be granted
ror payment of the following invoice, namely:-
D. Hatfield, Ltd. - Works Dept. (equipment rental)
January 1-15, 1980
$ 8,177.76
Consideration was given to the following correspondence with respect to tenders for the supply of
asphaltic mixes to the City:- (1) a letter from the City Manager and Commissioner of Engineering and Works,
dated January 18th, 1980 which states that the present contractor, Stephen Construction Ltd. has given the City
good co-operation, service, quality, and price over the past 11 years, however, the low tenderer is clearly
Metro Construction (1978) Ltd. and it is recommended that their tender be accepted; which letter had been laid
on the table at the January 21st meeting of Council; (2) a letter from Stephen Construction Company Limited
which submits that they are the only tenderer who fully complied with the tender call; (3) a letter from Mr.
Eric L. Teed, Q.C. of the law firm of Teed & Teed, submitting that their client Stephen Construction Co. Ltd.
replied to a publicly advertised tender call in good faith and in accordance with the requirements established
by the City itself and as they are the only tenderer who met the requirements they are entitled to full consider-
ation; (4) a letter from Gilbert, McGloan, Gillis & Jones, solicitors for Metro Construction (1978) Ltd. which
advises that they have studied the tender submitted by their client and are of the opinion that it meets the
Z~~
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ashpaltic mixes
\Stephen Construction
~etro (1978) Ltd.
\
Leonard Katz
\
tender accepted'
,
asphaltic mixes
,
Metro Const (1978)
Ltd.
specifications set out by the City of Saint John; and (5) a legal opinion received by the City Solicitor
from Mr. Leonard A. Kitz, dated January 25th, 1980, with respect to certain aspects of the call for
tenders for the supply of asphalt to the City,.
Councillor Landers proposed a motion, which was seconded by Councillor A. Vincent, that the
recommendation of the City Manager be adopted.'
.
Councillor Wayne asked the City Solicitor, after having read all the above correspondence, if
in his opinion the low tender meets the specifications, to which Mr. Rodgers replied that the corres-
pondence itself does not go into enough'detail to deal with all the tenderer had to meet with respect to
the specifications; it certainly deals specifically with a certain article, Article 6, and there are
many'things in the' specifications of a technical point of view'which he has not examined and he believes
the Commissioner of Works would be in a better position to comment on the technical details. With
regard'to the article which required clarification, he advised Council last 'week in legal session his
concerns with Article 6 and publicly he would prefer not to give legal opinions which may possibly
invite litigation. ,Councillor Wayne inquired how the City can enter into a contract with a company who
does not have a plant already situated in the City of Saint John when in fact Article 8 states that the
award of the contract states that they must have approval of the Town Planning Co~ission, must have a
dust collector system, etc. - how can we enter into a contract today if in fact that plant is not
already'in existence so we can examine and staff can examine, and ,be satisfied that it meets all the
specifications. Mr. Rodgers replied that you cannot award the contract if the plant has to be in '
existence and that is where you get your guidance from Article 6 and Council has an opinion on it.,
Councillor Wayne asked the Commissioner of Engineering and Works if Grove Construction met the speci-
fications when they submitted their tender on January 16th. Mr. MacKinnon replied that it was staff's
feeling in 'analyzing the bid.that as part of their bid they indicated they would not have a plant
available on April 1st but would have it on July lst, 1980 and as such did not meet the specifications
for that reason. Councillor Wayne asked if Metro Construction had a date in their tender as to when
they would be able to produce, on January 16th at 'the time of tender closing. Mr. MacKinnon stated
there is no date specified. Councillor Wayne stated that the tender of Grove was rejected because they
had a date of July ist, and Metro had no date On January l6th, which 'according to our tender procedure
is the time all information is supposed to be available. She also noted that the specifications submitted
by Metro regarding the proposed plant were addressed to Fundy Paving.
Councillor Murphy stated that he does not feel Council is in a position to deal with the .
staff.'s recommendation today, and to ensure "there is some protection for .the City, he would propose an
amendment to, Councillor Landers' motion that a contract 'contain a provision under which the contractor
obligates himself to establish an acceptable batch plant by April 1st and in the event of his failure to
do so that he be liable to the City for any additional costs incurred by the City in obtaining asphalt
from another source. Councillor Landers' stated he would be' prepared to add that clause to his motion,
if Council is a~reed to extend the date to April 7th as discussed last week, as Council delayed the
matter seven days.' Councillor A. Vincent expressed his agreement to the suggested change.
On motion of Councillor Landers
Seconded by Councillor A.
Vincent
RESOLVED that on the recommendation of the City Manager, the
Ltd~ for the' supply of asphaltic mixes to the City be accepted:
tender of ' Metro Construction (1978)
AND FURTHER that the' contract contain a provision under which the contractor is obligated to
establish an acceptable asphalt batch plant by April 7th, 1980, and in the event of failure to do so
that Metro Construction (1978) Ltd. be liable to the City for any additional costs incurred by the City
in obtaining asphalt from another source.
In' reply to a query of Councillor MacCallum as to who made the decision to retain the services
of Mr. Kitz, the Mayor replied that he made the decision. Councillor MacCallum asked under what authority
the Mayor ~ade this decision, and the Mayor replied that Council gave him the authority. Councillor
MacCallum stated that the Mayor was not given the authority to retain any specific person and if it was
going to be done by an individual or a small group, it should have been 'referred to the Legal Committee,
of which he and Councillor Clark are members. He stated he would also like to know why a lawyer could
not be found within the Province. The Mayor stated that he knew there would be criticism and the reason
for doing it was to have not an analysis of the problem, but an analysis of the specifications by
someone who had no 'knowledge of ,the matter and therefore it is a completely unbiased opinion. The Mayor
stated that he discussed the matter with Councillor Clark and later 'following 'further discussion, it was
decided to go outside.
Councillor Gould asked what is the difference 'between the ,present contract structure and the
one which was initiated eleven years ago. Mr. MacKinnon replied there is very little difference'in the
two - one of the main differences ,is the request to go from a two-ton batch plant to a three-ton batch
plant which is probably indicative of the asphalt requirements eleven years ago compared to today. He
stated that he believes the request for a performance bond was an addition, and there was a slight
variance on the formula, which again'is indicative of the change from eleven years ago as the petroleum
prices at that time were much lower and represented a more comparable cost between petroleum and aggregate
and now there is a difference between ,the two; the result is somewhat similar to the old contract. In
reply to a further query from Councillor Gol!ld for a comparison between Article 6, Mr. MacKinnon stated
from comparison he believes the wording is the same - there is probably an interpretation on the semantics
of the words in this article and not on what staff intended. At 'the request of the Mayor, Mr. MacKinnon
read the article contained in the proposals for the supply of asphalt dated March 6th, 1969. Councillor
Gould inquired if at that time the contract was let to a company which was going to acquire the required
machine after the fact. Mr. MacKinnon stated he could not say as he was not involved at that time. In
reply to further queries of Councillor Gould, Mr. MacKinnon stated that two of the contractors submitted
specifications with their tender of the plants; they intended to purchase and ~tephen Construction were
bidding on a plant which was already installed! and they gave ,a letter giving, complete 'specifications.
Councillor Gould asked if it was the intent of staff to allow a company to not own a batch-maker at the
time of tender opening, but allow that company to have one in 'operation by April 1st, 1980. Mr. Mac-
Kinnon stated that as indicated to Council two weeks ago in Committee of the Whole, this wording from
staff's point of view was that it gave an opportunity to anybody to bid and'~upply the plant, but that
it had to be here by April lst. Councillor Gould asked the City Solicitor if there isa difficulty with
the interpretation it would seem only fair that ,we reject the ,tenders and call them in the manner so
that it is clear to all people exactly what staff intended. Mr. Rodgers replied that legally Council
can do that if they so wish.
Councillor Green stated that he like to know legally 'if Article 6 in the specifications would
leave the City in a litigation proceeding. Mr. Rodgers stated'he expressed what Councillor Green is
asking for at last week's meeting in legal session and to say anything publicly on Mr. Kitz's opinion,
',I
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asphaltic
, mixes
"Metro Cons t.
(1978) Ltd
\ Stephell
Constructior
on Mr. Teed's oplnlon, or the oplnlon of, Gilbert,~McGl~an, and on the specifications themselves with respect to
that question, could only possibly invite litigation, and that he does not wish to do. Councillor Green stated
that in reading the said Article 6 in his opinion if the successful tenderer does not have his plant in oper-
ation by April 1st, his tender would be null and void.
Councillor Clark spoke of his involvement in the matter and discussions held with regard to the
engaging of an independent solicitor to obtain an opinion on this matter. He pointed out that in general law a
tender or no tender can be accepted - it is only an offer to treat - the difficulty is, is the low tender a
proper tender. He stated that on the information supplied, staff have not indicated that the lowest tender is
not a proper tender regarding price. He stated that Council has three choices, it can go with the lowest
tender, the highest tender, apart from the Grove Construction tender which might be considered as well, or we
can not accept any of the tenders and tell staff to negotiate the best price possible, those are the options
open to Council. He stated when the contract is written certain things should be spelled out, one of which
would be provision that would guarantee that we would have asphalt, at the best price possible, on April 1st
and that is what he is going to support. ,He stated that if we start over again it is quite possible the lowest
tenderer could not get the plant in on time, and those are the facts that have to be considered.
Councillor M. Vincent asked Mr. MacKinnon if he has some idea of what it might cost on an average to
establish a ton of asphalt, and if the low tender is within reason: Mr. MacKinnon stated that this particular
price is lower than our 1979 price and if you compare it just to other prices in the Maritimes, he would have
to say it is much better than we got in 1979 and better than you are going'to get around the Maritimes. He
outlined the estimated costs for three-eighths stone seal and stated that if a company had aggregate available,
it could produce the final product not at a dollar ,loss but at a material loss, however, someone with a supply
of aggregate could do this. Councillor M. Vincent stated he believes the role of Council is to assure that
they have obtained for the City the best possible deal and the preparation of specifications is a staff respon-
sibility, based on the needs of the City, the flow of work to be done, and how it is to be done - he would
defend staff that they attempted to prepare specifications which favoured the City and he thinks that is sound,
defendable and just. Regarding the difference between the tenders received, he believes the difference is in
the vicinity of $212,000.00 and not the one million dollar figure which has been publicized. He stated that
one of the responsibilities Council has after examining the specifications, is to ensure that it gets the
product it wants, when it is needed and for the best possible price - he does not think it can be based solely
on price alone, SOlely on availability, nor on the product received but a combination of those things that are
in the City's best interests. He thinks the City has obtained a very reasonable price, which is all well and
good provided the supply needed by the City in the time span needed is met. He noted that from discussions
with the City Manager, the tender the City accepted for cold mix turned out to be perhaps higher than the
highest tender received, which he raised as an example to show that the low price does not mean the entire
criteria - the difference could easily be made up by staff if they had to wait with crews and equipment, when
the needs for asphalt materialize, which results in a loss of productivity which means a loss of dollars to the
taxpayers, if in fact that should happen. He stated that Council has to examine and satisfy itself as to
whether the specifications in fact can be met. Regarding the possibility of having the required plant estab-
lished in the required time span, Councillor M. Vincent stated he is not qualified to answer, however, he has
information and documentation that it can be done, and he has documentation and information from other people
that it cannot be done. He stated that if you are going to impartially and unbiasedly get the best contract
award for the City you must take into consideration more than one or two points. For clarification, Councillor
M. Vincent stated that he does not interpret the Mayor's response as to how the law firm was retained, as he
does - he believes the City Solicitor asked that this choice be left up to him, and he did not believe it was
the Mayor's responsibility to make this decision, and he disagrees with the procedure by which this firm was
chosen. Councillor M. Vincent also expressed his interpretation of Article 6.
The Mayor stated that he did not unilaterally contact the firm of Kitz, Matheson - this was done
after discussion with the City Manager and City Solicitor and the City Solicitor actually made the call.
Councillor Knibb stated that he doubts the credibility of the low tender - he thinks both tenders are
valid and he will oppose the motion and will support Stephen Construction on the basis that this firm has given
excellent service to the City, and he believes that we will have the assurance of a good supply of asphalt.
Deputy Mayor Elliot expressed the view that Article 9in the tender call protects the City against
the point raised by Councillor M. Vincent regarding the supply of asphalt when it is needed.
Councillor Pye stated that after having carefully read all correspondence in this matter, he has come
to the conclusion that Stephen Construction was the only company who met ,the specifications at the time in
question.
Councillor A. Vincent noted that he and Councillor Landers raised the matter of Articles 6 and 8
previously with Council in Committee of the Whole, and he indicated at that time there were other companies
from outside the area interested in setting up ,in the City, and, Council was assured at the time if any of them
wanted to bid sufficient time to set up a plant is there. He noted that this is a five-year contract, and he
asked Mr. MacKinnon the minimum or average requirement of the City for asphalt for the last five years. Mr.
MacKinnon supplied information as to the amount of asphalt purchased by the City for the years 1974 to 1979
inclusive. Mr. MacKinnon noted that the amount of money, and amount of asphalt is contingent upon the type of
capital program approved by Council - about 80% of the asphalt purchased is in one area which is 3/8" stone
seal and the difference in that is about $3.55. Councillor A. Vincent stated he understands the prices are
open for negotiation following the first year because of the world price of oil. Mr. MacKinnon referred to the
addendum issued by the City regarding the length of time the contract is in effect and noted that the City
cannot get out of the contract until 1984, however, the contractor or supplier can get out of the contract each
year, and the methods of computing the prices are set out in the contract. Councillor A. Vincent stated he
will be supporting the low tender in this regard, provided the motion is clear that there is SOme form of
guarantee that on April 1st the contractor can supply the asphalt.
Councillor Murphy stated he has a memorandum with respect to the opln10n of Leonard A. Kitz which was
handed to him by Mr. Teed" and which he would like the City Solicitor to comment o'ri.
Councillor Gould asked Mr. MacKinnon if the tenders of,Metro and Stephen meet the specifications.
Mr. MacKinnon referred to his recommendation before Council and stated that the only qualifier he would have is
if Council is ~atisfied that the low tenderer can supply the asphalt by April 1st, then in fact they are the
low tenderer - it was staff's feeling that Metro met the, specifications, provided the plant specified was
erected and in operation on April 1st then in fact they were the low tenderer. He noted that staff said that
Stephen was second low tenderer and that the bid of Grove was qualified in that they said they could not supply
the required plant by April 1st but would supply it through an alternate means, and because of that staff said
they did not meet the specific specification. Councillor Gould asked if the City Manager concurs in the opinion
that Metro meets ,the specifications. Mr. McDermott stated th~t at the time he made his recommendation, he had
no hesitation in making his recommendation at that time, and he felt that the present contractor, Stephen
Construction, had given the City good co-operation, service, quality, and price, and he wanted to point that
242
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( ,
asphaltlc mixes
,
Metro Const (1978)
Ltd.
Stephen Construction
\
\
Zoning By-Law
re Section 118A
printing establIsh-
ment
\
Lingley
\.
112 Princess Str.eet,
out to Council so Council would realize there are perhaps other things you have to take into recom-
mendation, and as far as 'he is concerned; he supports the views of the Engineering and Works Department.
Deputy Mayor Elliot asked the City Solicitor, based on his earlier comment that there might be
a legal point, if he is telling Council that' we should not act on the recommendation until he gives us a
legal opinion in private session. Mr. Rodgers stated that he already gave Council a legal opinion last
week and he certainly has not had time to study the memorandum referred to by Councillor Murphy, how~"
ever, he ,has studied Mr. Kitz's opinion, and he has nothing further to say except what he advised
Council last week. In reply to a further query of Deputy Mayor Elliot if the City Solicitor is saying
that Council should or should not act on the motion before us before we have advice in legal session.
Mr. Rodgers stated that the answer is "no" as any further information woul~ be repeating himself.
Councillor Wayne asked the City Solicitor if it is not a mandate of our tendering procedure
that all material must be submitted at the time of the opening of the bids ~ they must meet the speci-
fications at the time of the tender opening which was January 16th at 2.30 p.m. Mr. Rodgers stated that
Article 6 states that the tenderer shall submit with his bid complete specifications of the plant to be
used. Councillor Wayne stated that the bid of Grove was rejected because they did not have the date,
but we did not reject the bid of Metro and they did not put in any date. Mr. Rodgers noted that that
date was clarified by Mr. MacKinnon., The Mayor noted that the specifications state that the contractor
will have a plant by April 1st and you assume that the tenderer is going to do that, unless it is
otherwise stated. Mr. MacKinnon stated that the question was raised as to whether or not Metro had put
in a date, and the reason he had requested a date from the contractor, is that it specificallly was not
indicated, that he would have that plant erected and in operation - he was told initially that the date
did not have to be put there because it is specified in the tender,and they would have to comply with
the tender. He noted that the Stephen tender,did not have a date, although they would have tenderered
saying they were going to comply with the specifications which calls for production on April 1st, 1980.
Councillor Murphy stated he would'like the matter referred to our Legal Department to bring in
a firm recommendation at the next meeting, as Mr. Rodgers is unable to give us an,explanation of the
memorandum he received.
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Councillor Landers stated that the entire matter of , the availability of the required plant
would not upset him except he did bring it up in closed session prior to the tenders being opened and at .
that time it was discussed and it was satisfied that the intent of the Works Department was that a
contractor had to have a batch plant by April lst. He stated that anyone who tenders waits until they
are awarded, a tender before they purchase their goods and you cannot expect a contractor to purchase an
asphalt plant on the anticipation that he might be awarded the tender. He stated that he is satisfed
with the intent of the specifications and.he takes exception ,to ,letters before Council which seem to
indicate that the specifications for the plant .o~ the Metro bid were not submitted with their tender.
He stated he thinks Council is obligated to the taxpayers to accept the low tender.
In reply ,to a query of Councillor M. Vincent, Mr. MacKinnon stated that taking into consider-
ation not only the cost of the ,asphalt, but the labour or delayed cost in putting the asphalt down, it
is staff's estimate that there would be about a difference of $143,000.00 in the first year of the
contract, between the tendered prices received.
Question being taken, the motion was carried with Councillors Green, Knibb, MacCallum, Pye, M.
Vincent and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the above correspondence with respect to
tenders for the supply of asphaltic mixes be received and filed.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments ,Thereto", by adding a new subse~tion to Section 118A to
read: "(4) A printing establishment may occupy any pr all portions of a building existing on or before
January 1, 1980, or such gross floor area of a building, erected after January 1, 1980, that is equal to
the gross floor area of a building existing on the lot prior to January 1, 1980", be read a third time
and enacted and the Corporate Common Seal affixed thereto.
Printing Co.L d The by-law entitled, "A
Thereto" was read in its entirety
Law to Amend the Zoning By-Law of the City of Saint John and Amendments
prior to adoption of the above resolution.
\
Zon i ng By- Law
\
Norman W. Francis Ltd
re IlBRI1 Bus i ness
,Residential zones
326 Main Street
\
Traffic By-Law
ri Hazen Street
(Councillors Clark, Gould and Landers withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne ~
RESOLVED that the by-law enti1;led, "A Law to. Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns deleting the clauses which
prevent residential occupancy of the ground floor level in the "BR" Business Residential zone, be read a
third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor submitting an
amendment to the Traffic By-Law with respect to designating Hazen Street a one-way street in a westerly
direction from Garden Street to Dorchester Street, and designating Dorchester Street a one-way street
from Wall Street to Carleton Street, be received and filed:
.1
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AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On
Streets In The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments .
Thereto", be read a first time.
.....
"..
2.43
Traffi c
BrLaw
.
Ore Hazen
Street
l
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City Sol icitor
\:, ,:, :Sa te of
Land
extension of
ti me
" '
John Quigg
'Fa i rv i 11 e Blvd
.
1\
Nomi nat i ng Com
I PARKING COMM.
\M. Bishop
\ PLANN. ADV. CDM
\ T. Isaac
, C. B. D. C.
...L. Ri ley;D.
'Regan; J. E.
, Ba r ry
ENERGY CONS.CO
'G.Clark;R. ,
'Wi Iband;R.Fudg
~\D.Somerville;
,N. Ba rfoot; N. W
" Francis
, HARBOUR BRI DGE
, D. Kn i bb; C.
"Phillips; R.
"Stephen
S. J. PORT DEV. ! '
'A. Vincent; H.
1 "G reen; F.
, Do iron, J. D.
, Lamport
'Plann. Advis.
Com.
, Ag reemen t
,Sydney Castle
Ltd.
I
Land Commi ttee
sale of land
327 Princess
..., St.
. Wi llard C.
'Jones
....
Read a first time the by-law ent'{tled, -j'A By-Law to Amend a By-Law Respecting Traffic On Streets In
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
Councillor Green referred to a suggestion he made at the last Council meeting that consideration be
given to permitting left-hand turns into Sewell Street.
(Councillor Gould re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled~ "A By-Law to Amend a By-Law
Respecting Traffic On Streets In The City of Saint John Made Under the Authority of the Motor Vehicle Act,
1973, and Amendments Thereto", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets In
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor advising that at a
meeting of the Land Committee held on July 30th, 1979 it was moved that the time period for completing four
requirements contained in a resolution adopted by Council on July 4th, 1978 regarding the sale of 7.75 acres of
City-owned land situated off Fairville Boulevard to Mr. John Quigg, be extended six months from the first day
of August, 1979; further advising that the Legal Department commenced a Quieting of Titles application as there
are title problems that cannot be resolved and as the transfer has not taken place 'pending completion of the
Quieting of Titles application, the solicitors for Quigg 'Motors have requested that the time period for com-
pleting these four requirements be extended to six months after the date of transfer, ,be received and filed:
AND FURTHER that Quigg Motors be requested to make a deposit on the said purchase of land in the
amount of 25%, said land being 7.75 acres more or less, of City~owned land situated off Fairville Boulevard and
to the rear of the lot marked Simco on the submitted map, which City-owned land lies west of the extension of
the dividing line of the said Simco lot, for the sum of $50,000.00, and that it be conditional upon the execu-
tion ~y Mr. John Quigg of an Option able to be exercised by the City to acquire the land in question for the
original purchase price of $50,000.00 if within six calendar months after the date of transfer Mr. Quigg or his
assigns has not (1) completed the construction of the foundation structure for the office and garage facility
proposed by Mr. Quigg to be built upon a portion of the lot in which Mr. Quigg holds an interest, which is
loca.ted between the City land in question and the southerly side of Fairville Boulevard; and (2) erected a
fence to surround the immediate area for the parking, storing, repairing or refurbishing of equipment; (3)
paved the portion of the aforesaid lot in which Mr. Quigg holds an interest, which lies between the southerly
side of Fairville Boulevard and the office and garage facility proposed by Mr. Quigg; and (4) landscaped the
entrance from Fairville Boulevard to the aforesaid lot in which Mr. Quigg holds an interest with appropriate
trees, shrubbery and lawn.
(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that as recommended by the Nominating Committee, the following
a.ppointments be made, namely:-
1.
PARKING COMMISSION - that Mr. Michael Bishop be appointed for a two-year term from January 1st, 1980.
2.
PLANNING ADVISORY COMMITTEE - that Mr. Tim W. Isaac be appointed for a term to expire December 31, 1981.
3. CENTRAL BUSINESS DEVELOPMENT CORPORATION - three-year term from January 1st, 1980: Mr. Lloyd Riley; Mr.
Donald Regan; Mr. J. Esmonde Barry.
4. ENERGY CONSERVATION COMMITTEE - two-year term from January 1st, 1980:, Councillor George T. Clark; Mr.
bonald Wilband; Mr. Ralph Fudge; Mr. David B. Somerville; Mr. Nicholas Barfoot; Mr. Norman W. Francis.
5. HARBOUR BRIDGE AUTHORITY - three-year term from January 1st, 1980: 'Councillor Dennis Knibb; Mr. Clarence
Phillips; Mr. Ralph Stephen.
6. SAINT JOHN PORT DEVELOPMENT COMMISSION - two-year
Councillor Hartley Green; Mr. Frank Doiron; Mr. J. D.
term from January 1st, 1980: Councillor Albert Vincent;
Lamport.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council authorize the preparation and execution of a development agreement between the City and Sydney Castle
Ltd. with respect to the establishment of a parking lot, in accordance with the conditions of approval contained
in the Planning Branch report dated January 22, 1980, and subject further to the following conditions: (a) the
parking lot is to be used only by patrons and employees of 'the 1880 Club and tenants of adjacent apartment
dwellings; and (b) the parking lot is to be kept in a clean condition.
Councillor A. Vincent questioned how the condition outlined in (a) above is to be controlled.
(Councillors Clark and M. Vincent re-entered the meeting)
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest of 327 Princess Street, to Mr. Willard C. Jones, for the sum of
$1,500.00.
-,,;:, '. r'o '~ ;. l}. ,: . .-,
244
.,
,
La nd Comm i ttee
,
Purchase of land
\
Upper Golden Grove Rd
'James Ha 11
Agreements
Board of School
'Trustees
Simonds High School
'swimmi ng poo 1
outdoor recreational
a rea 5
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the, Land Committee, authority be
granted for the purchase of approximately 40 acres of land on Upper Golden'Grove from Mr. James Hall for
the sum of $15,000.00.
On motion of, Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Board of School Trustees, District
Number 20, giving notice of the Board's desire to enter into negotiations for new agreements relating to
the use of the s~imming pool at Simonds High School and relating to the,cost sharing of developing and
improving outdoor recreational areas in the City, be received and filed and the City Manager be authorized
to negotiate new agreements in regard to these matters, and submit a report to Council.
During discussion, Mr. McDermott noted,that the agreement relating to the use of the Simonds
High School swimming pool is for a period of ten years from 1974, and does not expire on April l3, 1980
as referred to in the above letter from the School Board. Councillor M. Vincent asked that the City
Manager discuss ~ith the appropriate parties the use of pools in the schools as it relates to non-
residents so that any confusion which may exist will be eliminated.
On motion of Councillor Murphy
\
Lornevi lIe
Assoc.
Seconded by Councillor Pye,
Ratepayers RESOLVED that the letter 'from the Lorneville Ratepayers Association
with reference to the existing speed limit on the King William Road, be referred to the appropriate
staff for a report and recommendation.
King Wi) I iam Road
\ re speed 1 i m i t
\
Raydor Lim; ted
366 Somerset St
re-zoning
\
,
re-zon;ng
"
Simonds Local Service
District
Range Road
"
"
ambulance service
\
Mrs. George Green
Mrs. Joan E. Godfrey
\,,~ '
mobile home
"
Planning Advisory
Comm i tt ee
\
Quigg Motors Limited
temporary mobile
home
\
Christina Garnett
mobile home
\.
Planning Advis.' Comm.
,
Prime Minister of
Canada
\
(motion lost)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. R. J. Tobias, President of
Ray Dor Limited, advising that he wishes to cancel the application for re-zoning of property,at 366
Somerset Street, be received and filed 'and the said re-zoning application be withdrawn.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the application from the Simonds Local Service
District for re-zoning of property on the Range Road, be referred to the Planning Advisory Committee for
a report and recommendation and that authority be granted for the necessary advertising in this regard.
Councillor Wayne noted'that the above re-zoning application is to permit use of the existing
structure as a fire'hall for storing of fire trucks and an ambulance, and she referred to the extension
of ambulance service to the outlying areas of the City.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the City Manager submit a report at the next meeting
of Council on the extension of ambulance service into'uoincorporated areas.
On motion of Councillor Elliot
,Seconded by Councillor Wayne
RESOLVED that the letter from Mrs. George Green requesting renewal
of permission for the placement of a mobile home ,on its present location on Kean Road, and the letter
from Mrs. Joan E. Godfrey requesting renewal of permission ,for the placement of a mobile home at its
present location on Old Black River Road, be referred to the Planning staff for a report at the next
meeting of .Council.
During discussion of the above requests, Councillor Wayne noted that decisions regarding such
requests are not now the responsibility of the Planning Advisory Committee, but require a decision by
Council in each instance, and she suggested that the views of the Planning staff should be received by
Council prior to a decision. Councillors Green and M. Vincent noted that permission for each of the
above requests had previously been approved by Council.
"nayfl.
Question being taken, the motion was carried with Councillors Green and M. Vincent voting
On motion 'of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the'letter from Quigg Motors Limited regarding
the temporary mobile office on property on Fairville Boulevard, advising that they are now in the
process of erecting a new building on this property and expect to take occupancy by April 15th, 1980 and
expect to move from the mobile office to the new building upon completion, be received and filed and
authority be granted for placement of the temporary mobile office trailer on this property until the
permanent building is erected.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from Mr. G. Patrick Gorman, solicitor for
Mrs. Christina Garnett, requesting permission to locate a mobile home on property at Garnett Settlement,
be referred to the Planning Advisory Committee for a report and recommendation.
Councillor A. Vincent noted that the Prime Minister of Canada, Joe Clark, will be in Saint
John on February 4th, and he suggested that an invitation be extended to him to appear before Common
Council on that date regarding the Market Square site.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the above item be placed on the agenda and considered
at this time.
.
1
1
.
I~'
-,
.
I'
1
.
.....
"...
;.~ '-__~ ....i-
{;';'~... ,.;.... - .."'':~.~.<<:.... .
'. '
2~S
. LEGAL
S E S S ION
City Sol ici
Bldg.
'-.. lnspectot:
I
property
dem() I, i t ion
Atlantic
" Masonry
Assoc.
\ Keddy Bldg.
,I
D. Steen &
Associates
Pro Ed. Sq.
, bldg.
.
I
.
\ Dea t h
I
Mr. Louis
"- Stephen
I ' All i ngham
Crescent
Roger
'\ Arsenau It
emergency
exit
.
City Mgr
....
Question being taken, the motip~ was lo~t Mith the Mayor and Councillors Clark, Elliot, Gould,
Knibb, MacCallum, Pye, M. Vincent and Wayne voting""nay".
The Council meeting continued, in legal session.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the City Solicitor bring before Council any
regarding demolition of properties which may have been made by Council on recommendation of the
Inspector, if it is required that such items be reconsidered when the appointment of a Building
made.
r
decisions
Deputy Building
Inspector is
Councillor A. Vincent made reference to a report commissioned by the Atlantic Masonry Association,
who engaged Mr. George F. Williamson regarding the Keddy building, and discussion ensued regarding the recom-
mendations contained in the said report.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the above report be referred to the City Manager for
forwarding to the Building Inspection and Legal Departments for the necessary action.
The City Manager read, a letter from D. Steen and Associates, consulting engineers, to the owner,
Prudential Insurance Company of America, regarding the Prince Edward Square building. Mr. McDermott stated
that the'contractor made a preliminary examination to Mr. Williamson and they agree there is a serious support
problem in this building and the contractor has been authorized by the owner to place 4,800 jacks to tempor-
arily support the building until such time as it can be determined what is required to rectify the problem.
On motion
The meeting adjourned.
~;" cr
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fourth day of
February, A. D. 1980, at 7.00 o'clock p.m.
present
G . Forbes Elliot, Deputy Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. N. Barfoot, Assistant City Manager, R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of
Engineering and Works, M. Zides, Commissioner of Community Planning and
Development, J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle,
Director of Recreation and Parks, P. Clark, Fire Chief, J. F. Ross,
Chief of Police, H. B. Steeves, Deputy Building Inspector, D. Buck,
Deputy Commissioner, Housing and Renewal Services, and M. Hanlon,
Purchasing Agent
Reverend Robert R. Steeves of Central Baptist Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
,RESOLVED that minutes of the meeting of Common Council, held on January
28th last, be confirmed.
The Deputy Mayor welcomed to the meeting members of the Carleton-Kirk Scout Troop who were accompanied
by their leader, R. Sabin.
Councillor A. Vincent referred to the recent passing of Mr. Louis Stephen, a distinguished citizen of
ow' City.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that a letter of sympathy be forwarded to the wife and family of
the late Mr. Louis Stephen.
The Common Clerk advised that advertising was completed regarding the proposed closing of a portion
of Allingham Crescent and that no written objections were received.
Mr. Roger Arsenault, 50 Allingham Crescent, was present at the meeting on behalf of residents of
Allingham Crescent,in opposition to the proposed street closing. He advised that the area residents would like
to see this emergency exit brought up to standard and used as an emergency exit. He outlined previous petitions
presented to Council in this regard and noted that only one area resident is in favour of the propooed closing.
Discussion ensued between the Council members, Mr. Arsenault, and Messrs. Rodgers and MacKinnon regarding the
stat~s of the said right-of-way and the reasons for the proposed closing.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the proposed closing of a portion of Allingham
Crescent' De referred to the City Manager for a report on the estimated cost of making the said portion of
street passable and acceptable to the City as an emergency exit, as requested by the area residents, and on any
legal implications to the City in this matter.
246
.I> ..
.,
All ingham Crescent
\
\
Candace Street
During further discussion, Councillors Landers and Knibb noted that it was determined by
staff that this area is in a hazardous condition and therefore the closing procedure was authorized by
Council and that reports to that effect had previously been submitted to Council.
.
Question being taken, the motion was carried with Councillors Clark, Knibb and Landers voting
"nay".
The Common Clerk advised that advertising was completed regarding the proposed closing of a
portion of Candace Street and that no written objections were received. It was noted that no person
, ~
was present to speak either against or in favour of the proposed street closing.
On motion of Councillor Knibb
I
Seconded by Cuuncillor Wayne
Street Closing By-Law RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority
of Section 187 of the Municipalities Act, R.S.N.B. 1973'~, with respect to closing of the following
portion of highway:-
,
(mot ion lost)
\
Dr. Eric Stanley
Atlantic Symphony
, Drchestra
\
Petition
Mrs. Bruce Cl ifford
"
Taylor Ave &
Somerset St reet
\
Wi 11 iam McGrath
Loch Lomond Bus Lines
Candace Street - All that certain lot, piece or parcel of land, situate, lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, being described as, follows:
1
All that portion of Candace Street lying northwest of Lakewood Avenue, as shown coloured red on Plan
Showing Lands Transferred To The City of Saint John and filed on the 30th day of December, 1966 in the
Saint John County Registry Office in drawer ,7, number 27.
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section. 187 of the
Municipalities Act, R.S.N.B. 1973".
On motion of Councillor Murphy
.
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority
of Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following
portion of highway:-
Candace Street - All that certain lot, piece or parcel of land, situate, lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, being described as follows:
All that portion of Candace Street lying northwest of Lakewood Avenue, as shown coloured red on Plan
Showing Lands Transferred To The City of Saint John and filed on the 30th day of December, 1966 in the
Saint John County Registry Office in drawer 7, number 27.
I
- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the
Municipalities Act, R.S.N.B.'1973".
On motion of Councillor A. Vincent
Seconded by Councillor Green'
RESOLVED that an-emergency be declared to exist and the said
by-law be given three readings and enacted at this meeting.
Question being taken, the motion was lost, with several Council members present voting "nay",
the unanimous vote of the members present being required in this instance.
.
Dr. Eric Stanley, President of the Saint John Committee of The Atlantic Symphony Orchestra,
made a'presentation at ,this time regarding the financial problems being encountered by the Orchestra.
He stated that as noted in his prepared brief submitted to Council, the thrust of the present appeal is
to try to change the priorities of the city grants so that the Atlantic Symphony Orchestra receives a
much larger share on an annual basis and also to solicit a large one-time grant to the Orchestra to
enable it to survive the present season and to discharge the deficit of $355,000.00. He noted that the
major fund raising campaign is being, launched nationally, regionally, Provincially, and 'locally and is
being addressed to governments at all levels, businesses, professional groups, foundations and individuals.
Following his presentation, Dr. Stanley replied to queries posed by several Council members. The Deputy
Mayor thanked Dr. Stanley for his presentation and advised that Council will render a decision on the
request, later in the meeting.
1
Mrs. Bruce Clifford was present at the meeting on behalf of residents in the area of Taylor
Avenue and Somerset Street regarding the lease of City-owned land to a Mr. Daley, who is'in the process
of constructing a store in the area. The residents feel that another store at this location would
cause more traffic problems, litter, and danger for the children crossing the street going to school
and to the playground which is just behind the store, and also, Taylor Avenue at Somerset Street is a
very narrow street and very dangerous without additional trafic. The petition from the residents
states that in a matter such as this where the City is selling or leasing land for a commercial development
or access to a commercial development, they believe the people should be allowed a say before anything
is finalized and also believe that if the City had not leased the land a store on this piece of land
would not be feasible. The residents understand that, the City can give a ninety-day notice to vacate
and would ask that the City give notice to Mr. Daley to vacate the said land. During discussion, it
was noted that the strip of land leased to Mr. Daley is on Taylor Avenue, 'and would be used for an
entrance to his store from that street, and in addition, 'there is an entrance from Somerset Street.
The Deputy Mayor thanked Mrs. Clifford for her presentation and advised that Council will render a
decision on the request of the area residents, later in the meeting.
I
Mr. William McGrath was present at the meeting and read his letter regarding the Loch Lomond
Bus Lines, copies of which had previously been distributed to the Council members. The letter states
that by by-law dated August 27, 1973'the City granted him a license deemed to be an exclusive privilege
to operate motor buses between the City centre and Loch Lomond and at that time he purchased the Loch
Lomond Bus Line for a considerable amount of money and provided regular service to the area since that
.
.....
,...
. -~ 'j -:-'''' ~_.~ ..., _':'-~-''''''';;..o~''.;:,::r'''''-
2~'l
.
'Wm. McGrath
,Loch Lomond
Bus L i,nes
.
1
I
City Manager
ambulance
\ service
fee increases
.
I
time, with very reasonable fares - the Bus ~ine has ,never received a subsidy from the City for serving this
area whereas all other areas receiving ser~ice within the City since October of 1976 have, resulting in a
saving of some $88,000.00 to the City which he considers a considerable saving. The letter states that operating
this business since that time has been difficult, however, he invested his money and time developing the
business and now, when gasoline prices and other high costs of operating automobiles are encouraging the use of
public transportation, the business has been taken from him by the Saint John Transit Commission; he has asked
the Commission to purchase the business from him, or permit him to operate some part of the service under
contract with the Commission, which proposals have been rejected by the Commission. Mr. McGrath stated that
while he realizes he may not have a legal claim against the City, he does feel that he has been unfairly
treated and for this reason, he is asking Common Council to buy the business or make compensation to him for
his loss and livelihood, as a result of the City having the Transit Commission take over his service. ' During
considerable discussion which followed the presentation by Mr. McGrath, Councillor Clark, Chairman of the
Transit Commission, advised that while the Commission was sympathetic to Mr. McGrath, legally it could not
comply with his request, and the Commission had no use for the two buses owned bv Mr. McGrath. In reply to a
query, Mr. Rodgers advised Council that legally the City could only compensate Mr. McGrath for any assets of
the bus lines,. which the City might require and wishes to negotiate the purchase of from Mr. McGrath. Following
the discussion, the Deputy Mayor advised Mr. McGrath that Council will render a decision on his request, later
in the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the report from the City Manager with respect to the
extension of ambulance service to two areas just outside the City limits, as requested at the last Council
meeting, recommending that the extended area coverage for ambulance service be confirmed, and further that
Ambulanee and Rescue Squad user fees be raised by $10.00 across the board, effective March 1st, 1980, be
received and filed and the recommendation adopted.
During discussion of the above recommendation of the City Manager, the matter of the public being
properly advised of the increased service and fees by advertisement, the percentage of costs recovered both
from ambulance and Rescue Squad services, and whether the proposed increase covers the actual costs for pro-
viding such service, were considered.
On motion of ,Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the above matter be laid on the table for two weeks and
that Council be supplied with information on the actual cost of providing ambulance service.
Question being taken, the tabling motion was carried with Councillors Green, Knibb, Landers and M.
Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following contract payment certificates in connection with the following named capital
projects:-
\
Capital project 1.
Forest l1i lIs
\ Ba II Pa rk
storm sewer
,Master Enterpri es
Forest Hills Ball Park Storm Sewer
Master Enterprises Limited
Supply and install 907 feet of 18-inch and
24-inch concrete pipe, etc.
Original estimated value of contract
Total work done, Estimate Number 2
Retention 3%
Payments previously approved
Sum recommended for payment, Progress Estimate
dated January 29, 1980 Partial Release' of
\
Woodward Ave 2.
. storm sewer
Que-Ma r Cons t.
, Ltd.
I
\
Centracare
S. J. Inc.
Spruce Lake
'Landfill Site
I
user fee
,Lornevi lie Rat
payers Assoc.
\King Wm. Rd.
speed I imi t
.
...
Woodward Avenue Storm Sewer
Que-Mar Construction Limited
Supply and install 2400 feet of 60-inch and 42-inch
concrete pipe and 103 feet of 4' x 6" box culvert, etc.
Current budget allotment
Total work done, Estimate Number 6
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated January 30,1980 Partial,Release of
$ 399,247.25
399,247.25
11,977.42
339,360.16
Number 6,
Holdback $ 47,909.67
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, regarding the request from Centracare Saint John Inc.
for exemption from the user fee at the landfill site, advising that staff is of the opinion that there is not
ample justification to exclude Centracare from the user fee policy and doing so will likely encourage similar
requests from many other users, and recommending that the request from Centracare Saint John Inc. for exclusion
from paying the user fee be denied -- be received and filed and the recommendation adopted.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding the request from the Lorneville Ratepayers Association
for a review of speed limits on the King William Road, recommending that Council agree in principle to a
revision of Schedule M in the Traffic By-Law in order to permit staff to establish a speed limit of 60 km/h on
streets where the 50 km/h limit is unreasonable and to establish a speed limit of 70 km/h on other streets
where a higher speed is warranted, with the revised schedule to then be submitted for Council approval, be
received and filed and the recommendation adopted.
Councillor Wayne noted that the above letter states that the King William Road and the Lorneville
Road are under the split jurisdiction of the Province and the municipality and any change in speed limit requires
approval of the Minister of Transportation.
248
.,
King Wi I I i am Road
,
\
tender accepted
\
Keystone Printing &
Litohographing Ltd
,
plili~nt~ingj i L~r,';::-;i-:'
\
John Flood & Sons
(196l) Ltd.
\
Board of Health Bldg.
2 Mecklenburg St.
\
'Go:llae.m i X(';',.-: I ''':''iJ' 1 c::
\
W.E. Kelly Ltd.
,
Seamen's Mission
bu i I ding
Prince Will iam St.
\
tender accepted
'Lawson Motors Ltd.
truck
\,
Cap i ta I Works
projects
,
Sandy Point Rd
'Rockwood Park Golf
" Cou rse
Rockwood Park horse
ring
\University Avenue
\
(motion losr)J
"-
Traff i c By- Law
\
Hazen Street
On motion of Councillor Wayne
Seconded by Councillor Murphy
~ESOLVED that the City Manager be requested to approach the
Provincial Minister of Transportation regarding the proposed increase in the speed limit on the King
William Road.
On motion of ,Councillor Landers'
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the lowest
bids received for printing of the City's 1980 tourist literature, namely, those of Keystone Printing &
Lithographing Limited, be accepted.
In reply to a query, Mr. Barfoot advised that the French version of the City's tourist literature
is not included in the above tender, and that monies are still available from the Provincial Cabinet
Secretariat for the translation of such literature, and that such translation has been completed.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent,
RESOLVED that as recommended by the City Manager, authority be
granted for payment of Progress'Claims Numbers 7 and 8 of John Flood & Sons (1961) Ltd., in the amounts
of $1,869.12 and $3,894.21, respectively, for repairs to the former Board of Health building located at 2
Mecklenburg Street.
Councillor Landers voted "nay" to the above motion, stating that he feels public tenders should
have been called for this work.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Project Engineer, advising of results of testing and monitoring of results
of road repairs during the winter months, and proposing that (1) the City continue with "cold-mix"
patching, and to a lesser extent also use concrete and lime pack as the need warrants it; (2) the City
will carry out as much "quality patching" with cold mix as possible, and (3) the City to use Instant Road
Repair on a trial basis, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
granted for payment of Progress Claim No.1 of W. E. Kelly Ltd., in the amount of $5,046.13, covering the
period to November 30th, 1979 for repairs to the roof structure of the Seamen's Mission building located
on Prince William Street.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by ,Councillor MacCallum
RESOLVED that as recommended by the City Manager, the tender of
Lawson Motors Ltd., in the amount 'of $38,950.20, be accepted for the supply of one 50,000 GVW tandem
truck, being the lowest tender received.
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, advising,that to date the City has been
experiencing exceptional weather for this ~eason and as a result alternate work programs have been carried
on in order to ease the drain on the maintenance budget, however as this weather appears to be continuing
and could possibly continue for the next months, it is advisable to obtain advance approval for some 1980
capital works which would be carried out by City forces using City equipment, and submitting a list of
projects which could be commenced and/or completed during the balance of the winte~ thus relieving the
Department maintenance budget; further advising that Council's approval of this preliminary capital
program will allow the re-assignment of a number of men and equipment from the maintenance budget to
capital budgets, thus resulting in a savings in operating expens'es, which could be better utliized later
in the year on other street' improvements, be received and filed and Council approve the sum of $198,000.00
for the following projects, to be carried out as winter conditions permit, namely: (1) Sandy Point
Road - rock cut from University Avenue to Tucker Park Road $65,000.00; (2) Rockwood Park Golf Course -
clearing, grubbing, filling and rough grade three additional fairways $95,000.00; (3) Extension to
Rockwood Park horse ring - rock excavation and fence extension $13,000.00; and (4) University Avenue
widening - Varsity Street to Sandy Point Road, grubbing and Clearing $25,000.00.
During discussion of the above motion, Councillor Clark suggested that the item regarding
additional fairways at the Rockwood Park Golf Course is a matter of policy which should have been decided
by CounciL
Moved in amendment by Councillor Clark
Seconded by Councillor A. Vincent
RESOLVED that item 2 in the above resolution be deleted.
Question being taken, the amendment to the motion was lost with the Deputy Mayor and Councillors
Gould, Green, Knibb, Landers, Murphy, Pye, M. Vincent and Wayne voting "nayH.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Green
Seconded by Councillor MacCallum
RESOLVED that third reading of the amendment to the Traffic By-
Law with respect to designating Hazen Street a one-way street in a westerly direction from Garden Street
.
1
1
.
1
.
1
I
.
..oIIIl
,...
.~ --' ...~
'"'. .~. ..~......
2~.9
"
.
I
\
Flood Risk Area
By-Law
I
.
Plann. Advis.
Comm.
, Expropriation
I
\ Abe Lev i ne &
Sons Ltd.
Property
Britain Street
.
I
Commi ttee of
the Whole
I
\..
Craig & O'Nei
Assoc. Ltd.
\ job evaluation
Loca I 486
.
....
to Dorchester Street, and designating Dorch~ster ftreet a one-way street from Wall Street to Carleton Street,
be laid on the table for one week.
Councillor Green noted that at the last meeting he had asked that his suggestion of permitting left-
hand turns into Sewell Street, be tried. Mr. Barfoot reported'that the Works Department has made an investigation
of this suggestion which will be submitted to Council.
Question being taken, the tabling motion was carried.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor submitting a Flood Risk
Area By-Law which is required in order to proceed with the expropriation of the Forebay area in connection
with the Flood Control Programme, advising,that the by-law has been examined and approved by Mr. John Turnbull,
the solicitor who will be representing'the City in any expropriation proceedings, and once the by-law is
enacted, the preliminary expropriation proceedings can then commence and he will be advising Council at that
time, be received and filed:
AND FURTHER that the by-law entitled, "The Flood Risk Area By-Law of The City of Saint John, N. B."
be read a first time.
Read a first time the by-law entitled, "The Flood Risk Area By-Law of The City of Saint John, N. B."
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "The Flood Risk Area By-Law of
The City of Saint John, N. B." be read a second time.
Read a second time the by-law entitled, "The Flood Risk Area By-Law of The City of Saint John,
N. B. ".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the proposed Flood Risk Area By-Law be referred,to the
Planning Advisory Committee.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor advising that by resolution
dated October 9th, 1979, Council authorized the commencement of expropriation proceedings with respect to Lot
1221 and Lot 1220 on a plan of survey entitled "Plan of Survey Abe Levine and Sons Ltd. Property - Britain
Street", dated the 28th day of September, A.D. 1979 and prepared by Murdoch-Lingley Ltd. for the purpose of
permitting the development of recreational facilities as part of Phase II of the South End Development Plan,
and the Expropriations Advisory Board now advises that the City has complied with the relevant provisions of
the Act and that no objection to the City's intended expropriation have been received and the City may now
confirm its Notice of Intention to Expropriate by registering a Notice of Expropriation in the Saint John
County Registry Office, be received and filed and the proposed resolution submitted by the City Solicitor be
adopted.
Discussion ensued with respect to development of the above area, and Mr. Nicolle advised that this
land is part of the second phase of the South End Development Plan, which was approved several years ago,
which would include a small parking area and a multi-purpose paved area. Councillor A. Vincent expressed the
view that there is some doubt that if the land in this block is not used for housing, the Federal funding may
be required to be refunded by the City. In ensuing discussion, Mr. Buck advised that he is not aware of the
doubt expressed at this meeting by Councillor A. Vincent.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table and Council be
provided with a complete report from staff regarding this matter at the next Council meeting.
Question being taken, the tabling motion was carried with the Deputy Mayor and Councillors Gould,
Murphy and M. Vincent voting "nay".
Read report of the Committee of the \'hole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs to report that it sat on Monday, January 21st, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Landers, MacCallum, Murphy, Pye, A. Vincent and
Wayne, and your Committee submits the following recommendation, namely:-
1. That as recomIDended by the City Manager, the firm of Craig and O'Neil Associates Ltd. be engaged to
carry out a complete job evaluation for those positions covered by Local 486 at a cost for fees and expenses
not to exceed $10,000.00.
Saint John, N. B.,
February 4th, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the above report be received and filed and the recommendation
contained therein be adopted.
250
C r a i g & 0' Ne i I As SOc.!
Ltd.
job evaluation f
Loca I 486
\
Nominating Committee
S.J. Fundy Region
Dev. Comm.
G.F.EII iot,' G. Lawson
P. Darrah,' R. Oland,
Wm. Holder,' E.
Stephenson
Bd of Comm., S.J.
Regional Library -
N. Skinner, t:1rs.' J.C.
Corbett,' Mrs. J.
MacCallum, Mrs.' C.F.
Whe 11 y
,
Committee to examine
city-appointed boards
& commiss ions
Land Commi ttee
\
Eastern Arterial
,
Municipal Development
Plan By-Law
'I
Municipal Plan By-Law
\
re Northern Express-
way
,
re,Eastern Arterial
Land Commi ttee
'Quigg Motors
,
Fai rvi lie Blvd.
Land Commi ttee
\
Cedar Point Trailer
Park
"
Councillor MacCallum voted "nay" to the above motion, stating he objects to the recommendation
as he is informed there were two Saint John firms who were capable of doing the evaluation and were
interested in submitting proposals but were never invited to do so, and he wonders what is being offered
in the various proposals received, in view of the wide range of prices received.
.
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended by the Nominating Committee, the
following appointments be made, namely:-
1. SAINT JOHN FUNDY REGION DEVELOPMENT COMMISSION - two-year term: Deputy Mayor G. Forbes Elliot; Mr.
Gerald Lawson; Mr. Pat Darrah; Mr. Richard Oland; Mr. William Holder; Mr. Edward D. Stephenson.
I
2. BOARD OF COMMISSIONERS, SAINT JOHN REGIONAL LIBRARY - three~year term from January 1st, 1980: Dr.
Norman S. Skinner; Mrs. J. C. Corbett; Mrs. J. D. MacCallum; Mrs. C. F. Whelly.
Councillor Clark stated that although he is not against the specific appointments mentioned
above, he will vote against the motion as he feels a committee should be appointed to look into the
length of service of membership on City committees.
Question being taken, the motion was carried with Councillor Clark voting "nay". Councillor
MacCallum abstained from voting on the above motion.
I
On motion of Councillor Clark
Seconded by Councillor Wayne
RESOLVED that the Mayor appoint a committee of three to examine
the matter of all City-appointed boards, committees, commissions, etc., including the structure of the
committees, responsibilities, and the length of service of members appointed by Council.
"nay".
Following discussion, the motion was carried with Councillors Knibb and A. Vincent voting
.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Land Committee advising that
consideration was given by the Committee to objections made by Simonds Co-Operative and Mrs. Vivian
owett, and a meeting was held with Mr. and Mrs. Cyril Page" regarding the proposed amendment to the
unicipal Plan By-Law to facilitate the new alignment of the Eastern Arterial as approved by Common
Council, and the Committee resolved that these matters will be dealt with once changes are made in the
appropriate acts and by-laws and they can see no reason why Council should not proceed with the third
eading of the Municipal Development Plan amendment, be received and filed.
During discussion, Councillor Wayne outlined a concern expressed to her by residents of Willie 1
venue that if the present route of the Eastern Arterial is followed, it will take all of the front
awns of these people as well as their sewerage system. In reply, Mr. Zides stated that the drawings
how the route at the rear of the properties referred to by Councillor Wayne. Mr. Rodgers advised that
he City has six months to respond to the by-law once it is enacted with respect to requests from
roperty owners, and what the City intends to do with those properties, i.e., either compensate the
roperty owners or relieve the restriction.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Ian By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 4-A by (a) deleting
he Northern Expressway; (b) changing the status of the Freeway extending from the Throughway to the
irport to an arterial street, and adding a note to the Schedule to indicate that the alignment of the
astern Arterial is according to Drawing Nos. 7928 - 7 - A and B of Appendix "B" of the Report prepared
y Fenco Consultants Ltd. on the Eastern Arterial; and changing the appropriate sections of the written
tatements and policies in the Municipal Development Plan to reflect the changes made on Schedule 4-A,
e read a third time and enacted and the Corporate Common Seal affixed thereto.
.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that third reading of the proposed amendment to the
unicipal Plan By-Law to facilitate the new alignment of the Eastern Arterial, be laid on the table 1
til February 19th, and that the Engineering and Works Department provide additional background informa-
,tion regarding the Eastern Arterial.
Question being taken, the tabling motion was carried.
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the Legal
1epartinent"be instructed to proceed with the quieting of title for the lot on FairviUe Boulevard that
s to be sold to Quigg Motors.
I
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the status report regarding the Cedar Point Trailer
ark, as submitted by, the Land Committee, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the Human Development Council with
regard to the appeal of Mr. Mark A. McGillivray for Council's support for Epilepsy New Brunsw~ck Inc.,
be received and filed and a copy be forwarded to Mr. McGillivray.
.
....
,....
~. ."_ ,- .,_"':: ...r"'...""... ~-~......
2511.
.
,
Petition
_r
Mrs. Bruce
, Clifford
Taylor Ave &
Somerset St
I
\
Grants Comm.
Atlantic Symph
, Orchestra
I
\-1m. McGrath
'Loch Lomond
Bus Lines
S.J. Arts
, Counc i I
Na t i ona I Ba 11 e
, '
of Canada
.
,Peters Street
re parking
I
, Morr; s Street
'Adelaide Stree
'Ashburn Lake R
, Throughway
emergency
telephone
.
\ Throughway
illegal turnin
I 'Ed Bi rmingham
S.J. Transit
, Comm.
,
Douglas LeBlan
1 'mobile home
Paesane II a
'- Risorante N.B
Ltd.
Planning Advis
Comm.
.
Stephen Const.
, Co. Ltd.
'asphaltic mix
....
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the presentation made at this Council meeting by Mrs.
Bruce Clifford on behalf of residents in the area of Taylor Avenue and"Somerset Street, be referred to the City
Manager for a report on the possibility of limiting the entrances from Taylor Avenue to the store being con-
structed by Mr. Daley to alleviate the concerns expressed by the area residents.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that
financial support from the City, be referred to the
the request of The Atlantic Symphony Orchestra for additional
grants committee.
y
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the presentation made at this meeting by Mr. William
McGrath regarding the Loch Lamond Bus Lines, be referred to the City Manager and City Solicitor for a report
and recommendation to Council.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the request of the Saint John Arts Council regarding
performances by the National Ballet of Canada, which had been considered in Committee of the Whole this date,
be added to the agenda and considered at this time.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that as requested by the Saint John Arts Council Inc., the
CitY' of Saint John agree to underwrite a loss to a maximum of $2,000.00 for performances by the National Ballet
of Canada.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the matter of parking problems on Peters Street be referred
to the City Manager and Traffic Department for investigation, including the possible use of parking meters in
this area.
Councillor Murphy noted that he has received similar complaints from residents of Morris Street and
Adelaide Street.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the City Manager be instructed to study the matter of the
announcement of the Provincial Government's plans to build on and off ramps from the throughway at the Ashburn
Road and report to Council, answering in his report such questions as: (a) What effect will the proposal have
on the design of the Eastern Arterial as presented to Council by our consultants?; and (b) Had the Provincial
Government advised the City of its intentions - if so, why did we proceed with a costly study - if not, why
not?
Councillor Wayne noted that certain vehicles are going over the grass plot in this area and she asked
that the City Manager have the Police Department take action in this regard. She also suggested that an emergency
telephone should be available on the eastern portion of the throughway.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the City Manager look into the illegal turning of vehicles
on the Throughway and report to Council, and also investigate the possibility of installing an emergency
telephone on the eastern portion of the Throughway.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Ed Birmingham, 8 Topeka Street, regarding
the removal of snow from bus stops, be received and filed and copies be forwarded to the Saint John Transit
Commission and the City's By-Law Enforcement Officer to inform them of the concerns expressed by Mr. Birmingham.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Douglas LeBlanc requesting extension of
the temporary permit for the location of a mobile home on property at Anthony's Cove, be referred to the
Planning Advisory Committee for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter Paesanella Risorante N.B. Ltd. for permission
to erect a sign on the cornel' of Rothesay Avenue and Northumberland Avenue, be referred to the Planning Advisory
Committee for a report and recommendation.
On motion of Councillor ,Landers
Seconded by Councillor A. Vincent
RESOLVED that the letter from Stephen Construction Co. Ltd. advising
that they were somewhat surprised that the City not only accepted a tender for the supply of asphalt mix which
did not meet all the specifications as contained in the public tender call but in accepting the tender of Metro
Construction 1978 Ltd. the City made a change in the specifications, namely, allowing the company until April
7th to have the plant in operation; further advising that they have on hand sufficient liquid asphalt in supply
252
.,
and other material to be able to provide the City with any needs it may have on an interim basis until
Stephen Const. Co. Lt he Metro plant comes in operation and would require approximately six days notice to have their plant in
full operation and accordingly, they respectfully ask that until such time that Metro is able to comply
with the revised"conditions of the tender, that they be given the opportunity to supply any asphalt the .
asphaltic mix City needs from their plant which meets the specifications in the tender call, which they feel would be
fair and reasonable and in keeping with the spirit of the tender procedure, and would also enable the
City, if Metro is unable to meet the specifications by April 7th, to be able to have a continual supply
of asphalt mix, as they are prepared to accept a contract for the balance of the year if the April 7th
date is not met -- be referred to the City Manager for a report and consideration.
'\
Richard's Service
Centra 1
, k'
pa r I nE E
S E
Waterloo'St
GAL
S S ION
'North/South Arterial
Appraisals (Fundy)
"L td.
DeStecher'Mi Iler &
\ Law Lt d .
,Pat King
Appraisals
\ockland Road
Cst. Garnett
Cst. Martin
,
\.
Goal fire
,
Bu i I ding Inspector
,
Saint John Building
Act,' 1925
dangerous &
,dilapidated bldgs.
Deputy Building "
Inspector
\.
Legislation
\
Saint John Buidl ing
Act, 1925
,
Councillor Wayne
, Canada Wi re &
Cable bldg.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Richard,' s Service Central regarding a
parking problem being encountered by that firm on Waterloo Street, be referred to the City Manager for a
report and action.
(Councillor Gould withdrew from the meeting)
The Council meeting continued, in legal session.
At this time, proposals received from the following appraisal firms were opened, with respect
to property to be acquired in the Rockland Road area for land assembly and highway extension purposes,
namely:- Appraisals (Fundy) Ltd., deStecher Miller & Law Ltd., and Pat, King. Mr. Buck was in attendance
during consideration of t~is matter.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the proposals received for appralslng properties in
the Rockland Road area be referred to the appropriate staff for a report and recommendation to Council.
At a meeting of Council, held in legal session prior to the regular Council meeting, all
Council members except Mayor Davis were in attendance.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor with respect to
the action commenced against Constables Garnett, Martin and the City, advising that the solicitor for the
City's insurance company has advised that the Examination for Discovery has been concluded and the trial
should be taking place within the next few months and if the question of settlement arises Council will
be informed before a final decision is made, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor with reference to
the action regarding the City of Saint John fire loss on June 21st, 1977, advising that he has been
advised that this matter is now in the process of the necessary third party applications, and recalling
that"the:actionGwas brought against the City of Saint John and the Province of New Brunswick and the
third party application is necessary to join other parties, such as suppliers, etc. to the action, and
further advising that he will keep Council informed, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Pye
, RESOLVED that the letter from the City Solicitor advising that at a
recent meeting of Council the Deputy Building Inspector recommended that two properties be declared
dangerous and dilapidated and ordered demolished and at that meeting the question was raised by the
solicitor for one of the property owners that because the Building Inspector had recently resigned, the
power and authority normally flowing to the Deputy Building Inspector from Section 14 of the Saint John
Building Act, 1925, was now inoperative because of the resignation, and that he has reviewed the 1925
legislation and it is his opinion that the Deputy Building Inspector is only authorized to enforce the
Act when the Building Inspector is absent or ill and the statute is silent on the question of vacancy of
the office and it appears that in the circumstances, that is, a Building Inspector not having been
appointed, the Deputy cannot carry out his duties under the Act; as well, Section 11 of the Act states
that the "Common Council shall appoint from time to time, a competent person to be Inspector of Buildings
under this Act, who shall hold his office during the pleasure of the Common Council" and this section
makes it mandatory to have a Building Inspector appointed and such appointment is at the discretion of
Council and may be for' any period of time; further advising that from the effective date of the resigna-
tion of the Building Inspector, a review of the records indicates that there are no demolition orders in
existence as a result of recommendations from the Deputy Building Inspector and consequently, it is
important that Council consider the appointment of a Building Inspector as soon as possible; and advising
that it is important to note that this opinion only relates to the powers and duties of the Deputy under
the 1925 Act and the demolition of buildings and the other powers and duties of the Deputy from a general
enforcement of the Building By-Law are not affected by the resignation of the Building Inspector, be
recei ved and filed and action be taken by Council to appoint.., a Building Inspector as soon as possible.
Discussion ensued with the City Solicitor regarding the apparent deficiency in the 1925 Act
during a vacancy in the position of Building Inspector.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the City Solicitor be authorized to prepare the
appropriate legislation to correct the apparent deficiency in the Saint' John Building Act', 1925 regarding
the power and authority under the Act during a vacancy in the position of Building Inspector.
Read a letter from Councillor Wayne advising that following closing of the last Council meeting
she was informed that Councillor A. Vincent stated to Councillor MacCallum that it was his understanding
that three Councillors had received $1,000.00 each as a commission or bonus on the sale of the Canada
Wire and Cable building and this statement reflects on the character of all Councillors and she would ask
in legal session that Councillor A. Vincent inform the Council of the three Councillors he is referring
to.
I
1
.
I
.
I
I.
.
......
,...
:: - ~~ -;.:. ,--....~- '"Y-~ ---i"-'<.
.,~$3
" ,
.
I
,
R.C.M.P.
investigation
I'
.
I
.
1
City Centre
"-
Development
Comm i tt ee
l ~.._ ~
During discussion of the above letter, Councillor A. Vincent stated that he did not make this statement
and that his remarks at the time may have been misunderstood by Councillor ~acCallum.
(Councillor Knibb entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that in view of the explanation given by Councillor A. Vincent
at this meeting, the above letter be received and filed.
Moved in amendment by Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the above letter be turned over to the R.C.M.P. for
investigation.
The Deputy Mayor suggested that it might be desirable that this matter be discussed by Council
without staff present.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the above matter be laid on the table and discussion
be held by Council only, without staff members present.
Question being taken, the tabling motion was, carried with Councillors Gould and Landers voting "nay".
On motion
The meeting adjourned.
~.~
Common Cl c.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eleventh day of
February, A. D. 1980, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Knibb, Landers, Murphy, Pye,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager,R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Winch, Deputy Commissioner of Community Planning, C. E.
Nicolle, Director of Recreation and Parks, J. F. Ross, Chief of Police,
P. Clark, Fire Chief, J. Breen, Deputy Fire Chief, D. J. French, Director
of Personnel, and R. Thompson, Chief of Rehabilitation Services
Reverend Seth Crowell of Forest Hills United Baptist Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that minutes of the meeting of Common Council, held on February
4th last, be confirmed.
At this time the Mayor read a prepared statement, copies of which had been distributed to the Council
members, regarding major undertakings with respect to facilities for entertainment, including theatres, rinks
and playing fields, which undertakings will involve all the citizens of Saint John and the surrounding area.
He stated that if these undertakings as outlined can be achieved, then there will be a dramatic and positive
improvement in the quality of life for all of us, and even if we are able to obtain only some of those things,
our lives will be better.
(Councillor Knibb entered the meeting during the foregoing presentation)
In reply to a query of Councillor Knibb, the Mayor and Councillor M. Vincent, Chairman of the City
Centre Development Committee, apprised Council of the present status of the Market Square project during which
Councillor M. Vincent reiterated his optimism that the project is very much alive and on schedule and that an
announcement should be forthcoming in the not too distant future.
1
"-Market Square Councillor Wayne referred to an article published in the February 9th edition of the Financial Post
regarding the City of Saint John, and stated she would like to see this article reproduced in our local news-
paper.
\
Metro Const.
(1978) Ltd.
.
\ re traffic
by-law
Hazen Street
....
Councillor M. Vincent stated he would like an item which was forwarded to the Council members for
information, namely, the agreement between the City and Metro Construction (1978) Ltd. ~egarding the recent
asphalt tender award, added to the agenda and considered at this meeting. The Mayor asked that this matter be
considered later in the meeting.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding a proposal made at Council's meetings of January 28th
and February 4th by Councillor Green respecting two-way operation on Dorchester Street between Sewell and
Carleton Streets, advising that staff has reviewed the proposal and recommends against it for the following
reasons: (1) Dorchester Street is a relatively narrow street which can easily accommodate one lane of traffic
254
.,
Traff i c By-Law
\ Sa 1 vage Corps &
'\ Fire Po lice
'\ Ken Steen
,Norman Wasson
\Expropriation
Abe Levine & Sons
\ Ltd.
Britain Street
Expropriation
and still meet the demands for parking on one side of the street; two-way operation would require the
entire street width and parking would of necessity, be eliminated; (2) both Dorchester and Sewell Streets
have steep grades and their intersection with each other 'and with other streets feature poor sight
distances and geometry and for these reasons, distribution of traffic to these streets should not be
encouraged; and (3) the ,overall intention behind the design of the Wall Street structure and the future
Carmarthen Street extension is to provide an efficient corridor for north south traffic; the flow from
the north would be seriously disrupted if the increased turning movements associated with two-way traffic
were to be permitted at the Dorchester-Sewell intersection; and recommending that Dorchester Street
continue as a one-way street in a southerly direction from Wall Street Bridge to Carleton Street', and
that the amendments to the Traffic By-Law which were tabled at Council's meeting of February 4th, 1980 be
given third reading.-- be received and filed and the recommendation adopted.
.
(Councillor Landers withdrew from the meeting)
1
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that third reading of the proposed amendment to the
Traffic By-Law be laid on the table lli,til Councillor Green is present.
Question being taken, the tabling motion was carried.
On motion of Councillor Murphy
1
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager, advising that
as recommended by the Fire Chief, Council is requested to confirm the election of Captain Ken Steen and
Lieutenant Norman Wasson, who were recently elected by the No. 2 Company Salvage Corps and Fire Police
for the year 1980 -- be received and filed and the re~uest acceded to.
On motion' of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the letter from the City Manager with regard to Council's
resolution of February 4th which tabled the confirmation of expropriation prepared by the City Solicitor
regarding the Abe Levine & Sons Ltd. property on Britain Street pending further information as to a
possible C.M.H.C. requirement for "social housing" in the Block 10 area; advising that the submitted
correspondence from Mr. Donald Buck confirms that in fact there was a question by C.M.H.C. about the use
of this area, but that the question has now been resolved and their confirmation of its use for "recre-
ational purposes" is submitted; and recommending that the previous resolution be taken from the table and
proceeded with -- be received and filed and the recommendation adopted.
.
(Councillor Landers re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Solicitor advising that
by resolution dated October 9th, 1979, Council authorized the commencement of expropriation proceedings
wi th respect to Lot 1221 and Lot 1220 on a plan of survey entitled "Plan of Survey Abe Levine and Sons
Ltd. Property - Britain Street", dated the 28th day of September, A.D. 1979 and prepared by Murdoch-
Lingley Ltd. for the purpose of permitting the development of recreational facilities as part of Phase II
of the South End Development Plan, and the Expropriations Advisory Board now advises that the City has
complied with the relevant provisions of the Act and that no objection to the City's intended expropri-
ation have been received and the City may now confirm its Notice of Intention to Expropriate by registering
a Notice of Expropriation in the Saint John County Registry Office, be taken from the table and received
and filed:
I
AND FURTHER that the following resolution be adopted, namely:-
"WHEREAS Common Council, by resolution of October 9th, A.D. 1979, authorized the commencement
of expropriation proceedings and the filing with the Expropriations Advisory Board of a Notice of Inten- .
tion to Expropriate the,following described lands and premises;
AND WHEREAS a Notice of Intention to Expropriate the following described lands and premises is
filed with the Expropriations Advisory Board on the 25th day of October, A.D. 1979;
AND WHEREAS the Expropriations Advisory Board has advised the City of Saint John by letter that
no Notice of Objection to the proposed expropriation has been filed with the ,Board within the limitation
period of the filing of such Notice of Objection:
NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention
to Expropriate and does hereby authorize the expropriation of the following ,described lands and premises
and the registering of a Notice of Expropriation of the following described lands and premises in the
Office of the Registrar of Deeds in and for the County of Saint John:,
1
ALL that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, County of Saint John, Province of New Brunswick, being bounded and described as follows:
BEGINNING at a point on the northern side of Britain Street on the line of division between lot
herein described and Lot 1222 lying to the west thereof, said point also having New Brunswick Grid Co- I
ordinate Values east 1114 l52.80 north 550 784.20; going thence along the aforementioned line of division
by an azimuth referred to the N.B. Grid North three hundred and forty six (3460) degrees forty eight '
(48') minutes fifty (50") seconds a distance of one hundred one and five tenths (101.5') feet to the rear
of lots fronting on Saint James Street; thence along the rear of said lots an azimuth of seventy-five
(750) degrees fifty-seven minutes (57') forty four (44") seconds a distance of seventy nine and five
tenths (79.5') feet to the western sideline of Lot l219; thence along the said sideline an azimuth of one
hundred and sixty six (1668) degrees sixteen (16') minutes fifty (50") seconds a distance of one hundred
and seven tenths (100.7') feet to the aforementioned Britain Street; thence westwardly along Britain
Street an azimuth of two hundred and fifty five (2550) 'degrees ,twenty six (26') minutes forty (40")
seconds a distance of eighty and five tenths (80.5') feet to the place of beginning, containing a~ area .
of, 8,083 square feet and designated as Lots 1220 & 122l as shown on Plan of Survey Abe Levine'and Sons
Ltd. Property, Britain Street, City of Saint John, prepared by Murdoch-Lingley Limited, dated Saint John,
N.B. September 28, 1979 and signed by Ronald J. Bastarache, N.B.L.S.".
.....
II"'"
..... ;.. - - .",~ "":;':...
~255
.
Street
\ Closing
\ Candace St
I
1
, Kea n Road
Subdivision
\
Plan
\ E. Hi rtle
"W. Ande rson
.
Cedar Point
,Trailer Park
- Lawton St
,Leonard St
1
Planning Advi
Comm.
Proposal Call
,-Prince Wi 11 ia
Street
Propert i es
Plan. Advis.
Comm.
P roc to r Red-
fern Group
Plan for
Rev i ta 1 i za-
tion
.\C.B.o.C.
1
\
Brian R. Cook
\ Ward F. Duke
'mobile home
1
,mobile homes
"temporary
permits"
.
..
On motion of Councillor Murphy,
, (
Seconded by Councillor M.
Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law R.espect,<
Highways in The City of Saint John Made Under the Authority of Section 187
1973", with respect to closing of the following portion of highway:-
ing the Stopping Up and Closing of
of the Municipalities Act, RcS.N.B.
Candace Street - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being described as follows:
All that portion of Candace Street lying northwest of Lakewood Avenue, as shown coloured red on Plan Showing
LanQs Transferred To The City of Saint John and filed on the 30th day of December, 1966 in the Saint John County
Registry Office in drawer 7, number 27.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of Highways in
The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973", was
read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council assent to the subdivision plan with respect to the 16.5 foot widening of the Kean Road, regarding the
subdivision application of Messrs. E. Hirtle and W. Anderson.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee submitting a
report from the Planning branch in connection with the proposed subdivision of the Cedar Point Trailer Park,
recommending (1) that Common Council assent to the vesting of the streets and land for public purposes as shown
on the submitted tentative subdivision plan; (2) that the existing "Lawton Street" and "Leonard Street" be
renamed as one street by the Planning Advisory Committee on the advice of staff; and (3) that the Planning
Advisory Committee consider amendments to the Zoning By-Law and/or the approval of variances to implement the
subdivision plan after the tentative lot lines are finalized -- be received and filed and the recommendations
adopted.
On motion of ,Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee advising
that the Committee members were most impressed with the professional quality of the Proposal Call for the Prince
William properties and regardless of the response to the City's national advertising of the proposal call, or
the ultimate selection of a proponent, the Committee feels that Mr. Winch and his Planning branch staff should
be commended for the fine job they have done, be received and filed and Mr. Winch and his Planning branch staff
be commended for the fine job they have done in preparing the Proposal Call.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee advising
that the Committee received from the Planning branch its commentary on the Plan for Revitalization prepared by
the Proctor Redfern Group, which commentary relat'es to'the City's Central Business District to other relevant
issues and developments and attempts to provide guidance in the selection of priorities for which City funds
might be expended, and without necessarily agreeing with all of the Planning Branch's conclusions, the Committee
has asked staff to circulate the commentary to a number of interested groups such as the Central Business
Development Corporation, Board of Trade and Preservation Review Board, and these and other groups will be
requested to comment on the material and it is hoped that the Planning Advisory Committee might be able to
convene a meeting so that this important topic can be considered further with the objection of presenting a set
of recommendations for Council; and advising that the commentary is being sent to Council at this time for
information but the Committee is hopeful that it will ultimately assist the municipality in implementing some
form of meaningful and practical revitalization program, be received and filed and the City Manager be instructed
to discuss the matter with staff and arrange a teach-in regarding the Proctor Redfern report.
In reply to a query of Councillor Wayne, Mr. McDermott stated that it is expected a report on the
presentation made to Council by the Central Business Development Corporation regardingthe revitalization of the
central business district, will be presented to Council within three weeks. During discussion, Councillor M.
Vincent suggested that all documentation regarding the Proctor Redfern report should be considered at the teach-
in to be arranged by the City Manager.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Brian R. Cook requesting extension of
the temporary permit for the location of a mobile home on property on Grandview Avenue, and the letter from Mr.
Ward F. Duke requesting extension of the temporary permit for the location of a mobile home on property on Sand
Cove Road, be referred to the Planning Advisory Committee for a report and recommendation.
During ensuing discussion, Deputy Mayor Elliot suggested that the Planning Advisory Committee also
advise Council if these areas could be considered for re-zoning to permit the location of these mobile homes on
a permanent basis.
Mr. McDermott read a memorandum he received from Messrs. Zides and Winch regarding applications
received by Council requesting~ermission to continue the placement of their mobile homes, and a new application
for a temporary mobile home, which notes that for at least ten years Council has been considering and granting
"temporary" approvals for the erection of mobile homes, and notwithstanding these provisions and the request by
individuals for "temporary" approvals, it is apparent that Council's virtual automatic renewals have the effect
of granting a rather permanent status to these developments, which appears to be contrary to the intent of the
Mobile Home Parks By-Law and the enabling legislation contained in the Municipalities Act. The memorandum
states that on April 2, 1979, Council enacted an amendment to the Zoning By-Law which established three new
classes of zones to permit the establishment of mobile homes on individual lots, subject to a number of regula_,
tions, and also designated a number of areas for (individual) mobile homes, and in August of that year, the By-
Law was further amended so that mobile homes previously permitted by Council on a temporary basis within the new
~56
\
mobile homes
"temporary permi tsll
zones were exemp e rom e regu a lons In e y- aw,
provide permanent status to many of the mobile homes that had been approved on a temporary basis and
avoid having the Council, and the Planning Advisory Committee, deal with such situations. The memorandum
states that the Planning Branch is of the opinion that the time is opportune to regulate mobile homes
(outside mobile home parks) solely by zoning and Section 27 of the Mobile Home Parks By-Law should be
repealed and the Zoning By-Law, if appropriate, amended to designate additional sites for mobile homes,
which could include' the lots previously approved on a temporary basis by Council and also properties
which comprise new applications. The memorandum submits ,the following recommendations: (1) that Section
27 of the Mobile Home Parks By-Law ("Temporary Location of a Mobile Home") be repealed; (2) that subject
to a recommendation of the Planning Advisory Committee Section 209 of the Zoning By-Law be amended so
that this section does not apply to mobile homes previously permitted by Council on a temporary basis
pursuant to the Municipalities Act; (3) that if Council wishes to give permanent status to its previous
temporary approvals, it do so by re-zoning the sites containing mobile homes owned by Mr. D. LeBlanc,
Mrs. D. Green and Mrs. J. Godfrey; (4) that the application for a mobile home by Mr. G. Patrick Gorman on
behalf of Mrs. C. Garnett be processed by a re-zoning application; and (5) that as a matter of general
policy all future applications, renewals, inquiries, etc., respecting mobile homes be handled under the
Zoning By-Law.
The Mayor suggested that the matter of re-zoning of indiyidual properties to permit the location
of mobile'homes could only be done by Council after a recommendation is received, or at least the indi-
vidual properties studied. It was agreed that the recommendations contained in the above memorandum
would be presented to the next meeting by the City Manager for consideration by Council.
On motion of Councillor Murphy
Seconded by Councillor Landers
Hospital Cutback
\ RESOLVED 'that the letter from the Hospital Cutback Monitoring
Monitoring Committe
Committee, Region II, advising that as hospital workers, they are part of the delivery of health care in
New Brunswick and can speak with some authority about the present problems in this area and they are
presently embarking on a campaign to "save and improve upon" the delivery of health care, the purpose of
the campaign being to gather sufficient support from community and service organizations and to use this
support to pressure the levels of Government to change their directions in the area of health care, be
referred to the City Manager for a report and recommendation.
\ (motion, lost)
\
grant request
S.J. Human Develop-
\. ment Counc i 1
, Human Services Fair
\
Lloyd Ginn
'Fourth Lehndorff
Canada Ltd.
'Loch Lomond Mal I
parking lot
'MacKnight Motors Lt
re-zoning
'Jones Drive
residents
Question being taken, the motion was lost with Councillors Clark, Elliot, Knibb, Landers and M.
Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the above letter be received and filed.
Question being taken, the motion was carried with Councillors Gould, Murphy, Pye and M. Vincent
voting "nay".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Saint John Human Development
Council, requesting that Council consider a donation in the amount of $500.00 to assist in making the
Human Services Fair to be held on March 28th and 29th a success, be referred to the grants committee.
On motion of Councillor Wayne
Seconded by 'Councillor M. Vincent
RESOLVED that the letter from Mr. Lloyd Ginn, 142 Virginia
Street, regarding a resolution adopted by Council on September 10th, 1979 that Fourth Lehndorff Canada
Ltd. be required to live up to a by-law requirement to install an appropriate buffer ZOne between the
Loch Lomond Mall parking lot and his residential property, advising that since over four months have past
and more damage has been done to his property, and the company has not taken any positive action to
correct the situation, he would once again request Council's assistance in having the company abide by
the by-law requirement immediately, and suggesting that the City should also ensure the type of barrier
or buffer to be installed would suit the interests 9f all parties concerned, be referred to the City
Manager for immediate action. '
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application from MacKnight Motors Limited for re-
zoning of property on Ashburn Road, be referred to the Planning Advisory Committee for a report and
recommendation and that authority be given for the necessary advertising in this regard.
Question being taken, the motion was carried with Councillors Landers and Pye voting "nay".
Consideration was given to a letter from residents of Jones Drive advising that they are aware
that MacKnight Motors Ltd. has been in violation of the City's Zoning By-Law for some time in relation to
land adjacent to their properties and they understand the City instituted a prosecution against the
company but it has continued to use the property in violation of the By-Law. The letter advises that it
has come to their attention that there is another procedure in the Community Planning Act whereby a
simplified application can be made to the Court for an injunction to prevent violation of the zoning,
which is provided for under Section 94 of the said Act, and further advises that they are drawing this
procedure to the City's attention in the hope that the City may instruct the appropriate steps be taken
expeditiously to resolve the problem.
Councillor Murphy proposed a motion, ,which was not seconded, that the above letter be received
and filed and the residents be advised that Council is hopeful to resolve the problem by re-zoning the
property on conditions laid down by the Planning Advisory Committee.
On motion of Councillor Landers
Seconded by Councillor Clark
RESOLVED that the above matter be referred to the Legal staff for a
report on why legal action has not been taken on the constant violation by this company at this location.
.,
.
1
I
.
I
.
I
I
.
....
,...
'.
" . . ;-~ ';'-""~:7<-.~r $o~0:"
.~ '257
MacKn i ght
, Motors Ltd.
.
re-zoning
I
1
~ Metro Const.
(1978) Ltd.
'asphal t tende
.
I
LEG A L
S E S S ION
Land Comm.
appraisals
'\. Rock I and Rd
.
DeStecher,
, Mill er & .Law
Ltd.
I
, North/South
Arterial
Considerable discussion ensued with respec~ to the MacKnight Motors Ltd. property on Ashburn Road,
including the'matter of the requested-re~zoning, and the apparent alleged violation of the City's laws re~
garding use of this property_ Mr. Rodgers stated that the above resolution asks for a full report which will
give the history of the use of this property, regarding the question of unsightly premises, both with respect
to an order and with respect to a prosecution, and other matters of Council dealing directly with Mr. MacKnight.
He stated that as recently as today his staff have had discussions with the By-Law Enforcement Officer to have
a new investigation undertaken on what, if any, violations are occurring under zoning as opposed to unsightly
premises, and all these matters will be contained in his report to Council.
During further discussion, Councillor Wayne proposed a motion, which was seconded by Councillor
Knibb, that the above matter be tabled until the matter of the requested re-zoning of this property has been
dealt with by Council. Councillor Clark expressed the view that this is not a legitimate reason for tabling
the matter. Following a comment of Mr. Rodgers that the statement of Councillor Clark that the re-zoning and
the above matter are two separate items, is correct, the Mayor stated he could not entertain the proposed
tabling motion. Deputy Mayor Elliot suggested that the City Solicitor include in his report to Council whether
or not the said section of the Community Planning Act as referred to in the above letter has been utilized
elsewhere in the City, and if not, why not.
Question being taken, the motion was carried with Councillor Knibb voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that Item Number 2 of the list of information items which had
been forwarded to the Council members, be added to the agenda and considered at this time.
Question being taken, the motion was carried with Councillor Gould voting "nay".
Discussion ensued with respect to various sections of the proposed agreement between the City of
Saint John and Metro Construction (1978) Ltd. regarding the recent asphalt tender award.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the above agreement be received and filed.
Following ensuing discussion between the Council members and Messrs. Rodgers and MacKinnon regarding
the contract for the supply of asphalt for the City, several Council members suggested that this matter should
properly be considered in legal session of Council.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be referred for discussion in legal
session.
Question being taken, the referral motion was carried with Councillor Landers voting
" "
nay .
, Following a meeting in Committee of the Whole, the Council meeting resumed, in legal session, when
there were present Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Landers, Murphy, Pye, M. Vincent
and Hayne.
Consideration was given to a letter from the Land Committee regarding proposals received for appraising
properties in the Rockland Road area.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, the appraisal firm
of DeStecher, Miller & Law Ltd., having submitted the lower of the two local bids, in the amount of $14,950.00,
be hired for the Rockland Road Appraisal Project:
AND FURTHER that DeStecher, Miller & Law Ltd. be required to sign a contract containing the following
conditions, which will protect the City, at least two of which are included in Federal Government contracts,
namE'J,y:,:" (,,,,) '"an 'agreed price of $14,950.00; (b) all appraisals be completed within a stated period of time or be
subject to a penalty; and (c) the value shown in any appraisal report required for expropriation purposes will
be the same as that reported in the letter of opinion if the appraisal report is required within a reasonable
length of time.
On motion of Councillor Clark
Seconded by Councillor M. Vincent
RESOLVED that the matter regarding the proposed highway extension
and Phase I of the land assembly project, in the Rockland Road area, be reported to open session of Council.
Question being taken, the motion was lost with the Mayor and Councillors Elliot, Knibb, Landers,
\(mot ion lost) Murphy and Pye voting "nay".
Mr. Rodgers reported that the City was served with two actions on Friday of last week, one from
Dexter's challenging the City's Zoning By-Law and the use of their gravel pit on the west side of the City,
a Statement of Claim regarding the dismissal of Mr. Robert Millett from the City's employ.
,Dexter
1- gravel pit
"\ Robert Mi Ilet
.
~ Metro Const.
(1978) Ltd.
lIo...
and
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the City Solicitor be authorized to engage the necessary
legal counsel in defending the above actions.
Question being taken, the motion was carried with Councillor Landers voting "nay".
(1978)
in the
Consideration was given to the proposed contract between the City of Saint John and Metro Construction
Ltd. regarding the recent asphalt tender award, which matter had been referred to legal session earlier
Council meeting. Mr. MacKinnon was present during discussion of the~said contract.
258
"
Metro Const. (1978)
\ Ltd.
, Death
'John All iston
Councillor M. 'Vincent spoke regarding what action the City might take if the required asphalt
plant is not in production by April 7th, and proposed a motion, which was seconded by Councillor Wayne
and later withdrawn, that if the conditions of the above contract are not met by the successful tenderer
y April 7th, then the award for the supply of asphalt be given to the next lowest acceptable tenderer,
namely, Stephen Construction. During discussion, Mr. Rodgers advised that there are two different
conditions in the contract regarding the supply of asphalt, one is if the plant is not in production on
April 7th, there is no longer a contract, but if for example 'there is a plant in production and two or
three months later it breaks down or they'run out of asphalt, then the City is free to go elsewhere, but
there is still a contract, and they are responsible for the difference in cost to the City. He expressed
the view that the motion proposed by Councillor M. Vincent will not guarantee the continuous supply of
asphalt, which is the reason expressed by Councillor M. Vincent for proposing the motion at this meeting,
because the overriding contract is now with MetrO and the City is not in a position to have a contract
with Stephen.
.
I
,In discussing other sections of the proposed agreement, Mr. Rodgers stated that the Clean
Environment Act of the Province and the regulations thereunder covel' asphalt plants and the emission of
asphalt and this should,be included in the contract. He stated that when the agreement has been drafted
satisfactorily to the City, it will be forwarded to Metro for execution.
On motion
The meeting adjourned.
. f/:;t,
, Common C~
I
At a Common Council, held at the City Hall, in the City of Saint John, on' Tuesday, the eighteenth
day of February, A. D. 1980, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
.
Councillors Clark, Elliot, Gould, Green, Knibb, Murphy, Pye, A. Vincent,
M. Vincent and Wayne
.:. and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community ~lanning and Development,
N. Barfoot, Assistant City Manager, M. Winch, Deputy Commissioner of
Community Planning, S. Armstrong, Deputy Commissioner of Engineering,
J. F. Ross, Chief of Police, P. Clark, Fire Chief, and H. B. Steeves,
Deputy Building Inspector
1
Reverend Michael Aud of Bethany Penecostal Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
on February 11th last, be confirmed.
The Mayor referred to the recent passing of Mr. John Alliston, a former Councillor for the City
of Saint John, and asked that an appropriate letter of condolence be forwarded to Mrs. Alliston.
The Mayor stated he would like to add an item ,to the Council agenda regarding the North-South
Arterial designated Provincial highway, which is propos~d to be constructed to provide easier access to
'North/South Arteria the University, Regional Hospital, golf course, etc.
proposed extension
On motion of Councillor Gould
.
Seconded by Councillor M. Vincent
RESOLVED that the above item be added to the agenda and
considered at this time.
The Mayor gave a preliminary description of the proposed highway extension, 'noting that it is
intended that the bridge at Dorchester Street, which presently terminates at Paradise Row, be extended to
Rockland Road and down to Somerset Street as far as Taylor Avenue, where it then would cut across the
Howe's Lake area to Sandy Point Road.
I
Mr. McDermott reported verbally regarding this project, advising that Phase 1 of the project
will be from the Wall Street Bridge interchange to the intersection of Somerset Street and Barker Street,
a distance of approximately 1,800 feet, at an estimated cost of construct~on'of $700,000.00; Phase 2A is
Somerset Street, from Barker Street to Wellesley Avenue, a distance of 1,000 feet, at a cost of $300,000.00;
section B of Stage 2, Somerset Street from Wellesley Avenue to Taylor Avenue, a distance of 2,800 feet,
at a cost of $425,000.00; Stage 3, a new roadway from the intersection of Somerset Street and Taylor
Avenue, across from Howe's Lake dumpsite to the Sandy Point Road, approximately 6,500 feet, at a cost of
$750,000.00; Stage 4, Sandy Point Road from the end of Stage 3, to the entrance of the Tucker Park Road,
at a cost of $100,000.00. He stated that in discussions, the Province has considered this to be a worth-
while project and we feel they may be prepared to assume 100% of the associated construction costs,
although there would be annual limitations on this program and it is the City's hope that this project
will be completed for the opening of the new regional hospital in April 1982.
I
On motion of Councillor Gould
....1IIl
II""
-....,.
.:~
259
.
Marcel
'\ Barrieau
\ Kane I 5 Corner
I '\ Charles Denton
, Ci ty Market
I
.
ambulance
,services
user fees
Rescue Squad
1
convenience
store
cor. Somerset
St & Taylor
Ave
. 'Petition
Mrs. Bruce
, C I i ffo rd
convenience
store
I
I' Grove Const.
Ltd.
,D. Hatfield Lt
. " mobile home
temporary
permits
...
point of view this was a greater factor in a decision for the location of the road. Councillor M. Vincent
expressed his agreement with the comments'made by the'Deputy Mayor.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that a letter of commendation be forwarded by the Mayor to Mr.
Marcel Barrieau, who recently won the Governor-General's Cup at the ice harness races held this past ~eekend
on the Rideau Canal in Ottawa.
Councillor M. Vincent asked that staff take action regarding the traffic problem at Kane's Corner.
Mr. McDermott reported that this matter has been discussed by staff and it is hoped that tape marking the
traffic lanes can be placed at this intersection.
Mr. Charles Denton, President of Denton's Limited, a tenant in the City Market building, appeared
before the meeting and stated that he has been owner of Denton's for the past 11 years and between he and his
father, Denton's has been a tenant in the Market for almost fifty years. He stated the reason for his appearance
is regarding the proposed leasing of a stall in the City Market to Mr. L. Lambert for an extension of the
"Coffee Corner". He stated that it is not his intention to stop any progress within the Market, and in 1976
he applied to the Market Committee to renovate his stall and have a "take-out" and the Committee would only
hear him after he obtained plans approved by both the Department of Health and the Fire Department, and his
request was approved on 'several conditions, one of which he was never allowed to install seats or a stand-up
counter. He noted that Mr. Lambert, who is a member of the Market Committee, has applied and received ap-
proval from the Market Committee, to expand his business in the Market which he is not against, however, he is
not allowed to expand his business which he feels is unfair. He referred to the same limitation regarding
seating space which applies to Jeremiah's. He noted that Mr. Lambert supplied no plans or drawings to the
Market Committee and yet he was given approval. He stated that the Central Business Development Corporation
has made several proposals to the Market Committee, none of which have been activated as yet, and he feels the
Council should make a strong policy regarding the future development of the Market. He suggested that the
Market could be the future drawing card for the uptown area of the City if a long-range policy was taken by
the Council. He also referred to the one-year lease for tenants in the, Market, which does not enable tenants
to borrow funds to expand their businesses. Following discussion between the Council members and Mr. Denton,
the Mayor thanked Mr. Denton for his presentation and stated that a decision will be made by Council, later in
the meeting.
On motion of Councillor Murphy
Seconded by Councillor ,Pye
RESOLVED that the letter from the City Manager submitting further infor-
mation on the actual costs and recoveries from ambulance services, advising that the new rates should increase
user fee revenue by about 30%, and should significantly reduce the deficit for the year ending March 31st,
1981, and recommending that the fee increases as previously recommended be adopted, be received and filed and
the J~bulance and Rescue Squad user fees be raised by $10.00 across the board, effective March 1st, 1980.
Discussion ensued between the Council members and Fire Chief,Clark, during which Council was advised
that no Fire Department equipment responds beyond City limits except for the mutual aid programs with Rothesay,
Westfield and Grand Bay, without the express permission of the Fire Chief. Fire Chief Clark stated that the
only fee charged for the Rescue Squad is if it transports to the hospital, and the user fee is based on the
same fee charged for the ambulance service.
Question being taken, the motion was carried with Councillors Green and M. Vincent voting "nay".
Regarding the matter of the proposed convenience store at the intersection of Taylor Avenue and
Somerset Street, Mr. McDermott stated that he has been given a drawing which indicates that the proposed
convenience store is being constructed not on the lot originally intended, but partially on City property, and
he would like to have this matter tabled for another week in order that the matter can be looked at by a
surveyor.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager regarding the petition
presented to Council on February 4th by Mrs. Bruce Clifford on behalf of residents in the area of Taylor
Aventle and Somerset Street, which was referred for a report on the possibility of limiting the entrance from
Taylor Avenue to the convenience store to alleviate the concerns of the residents concerning traffic, litter,
and danger; submitting a report prepared by Mr. M. Winch which 'summarizes the matter with respect to (a)
zoning, (b) access and leasing arrangements, and (c) general planning considerations; advising that the
traffic concerns have been checked by the Traffic Engineering department and, in their view, access to the
store from Taylor Avenue does not present a traffic hazard and a more significant hazard might exist when the
store constructs the access to Somerset Street; with respect to litter, present methods of packaging encourage
littering at small stores and fast food outlets and continuous enforcement activity has to be mounted at such
locations in order to minimize the litter nuisance to adjacent residences; and recommending that the facts
concerning the zoning, access, and leasing arrangements be made available to the residents of the area, and
that no further action be taken by the City in the matter -- be laid on the table for one week pending a
further report from the City Manager.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that
for payment of the following invoices, namely:-
Grove Construction Ltd. - supply of gravel
D. Hatfield, Ltd. - (Works Dept.) equipment rental
as recommended by the City Manager, authority be granted
January 7-22, 1980
January 16-31, 1980
$ 5,659.29
$ 9,967.92
Councillor Wayne voted "nay" to the above motion.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from the City Manager advising that Council
has in the last few weeks dealt with several applications for renewal of temporary mobile home permits, and in
response to Council's concern that these re~uests for continuation should not be again coming before Council
the submitted report was prepared by Mr. M. Winch, Deputy Commissioner of Community Planning; further advising
that since Council first started dealing with some of these applications the Zoning By-Law has been amended to
260
.,
mobile homes
temporary permits
,
(motion lost)
mobile home permits
'Mrs. Geo. Green
'Mrs. Joan Godfrey
'Douglas LeBlanc
'Mrs. Brian Cook
, <,:Wa rd F. Duke
-Christina Garnett
'tenders awarded
\c i ty veh i c I es '
\
(cars, trucks,
motorcycles)
\Ashburn Lake Rd
\ Throughway
, Eastern Arterial
,
Municipal Plan
By- Law
permit mobile homes on individual lots in a number of areas which has permitted many of those former
temporary permits to be finalized and it is now being suggested that if Council wishes, permanent status
could be given to other mobile homes on temporary permits by re-zoning the individual sites, and further
that 'all future applications be handled in a similar way, and if Council does not wish to proceed by way
of re-zoning, these permits for temporary location will continue to come to Council for the initial
permission and for the,annual review, be received and filed:
.
AND FURTHER that the following recommendations of the Planning Branch be adopted, namely:- (1)
that Section 27 of the Mobile Home Parks By-Law ("Temporary Location of it Mobile Home") be repealed; (2)
that subject to a recommendation of the Planning Advisory Committee Section 209 of the Zoning By-Law be
amended so that this'section does not apply to mobile homes previously permitted by Council on a temporary
basis pursuant to the Municipalities Act; (3) that if, Council wishes to give permanent status to its
previous temporary approvals, it do so by re-zoning the sites containing mobile homes owned by Mr. D. 1<
LeBlanc, Mrs. D. Green and Mrs. J. Godfrey; (4) that the application for a mobile home by Mr. G. Patrick
Gorman on behalf of Mrs. C. Garnett be processed by are-zoning application; and (5) that as a matter of
general policy all future applications, renewals, inquiries, etc., respecting mobile homes be handled
under the Zoning By-Law.
During considerable discussion which ensued regarding the, above matter, Councillor Wayne stated
she is in agreement with the recommendations, however, she feels there has to be some control regarding
the placement of mobile homes outside of mobile home parks, and further, that Council should take a strong
stand regarding the placement of mobile homes in mobile home parks or designated areas. Councillor M.
Vincent expressed his concern regarding the recommendations, as it would mean "spot" re-zoning and he also 1'<
feels that the matter of temporary placement on compassionate grounds could be handled by staff rather
than by Council. Mr. Winch stated that in terms of future applications, if Section 27 of the Mobile Home
Parks By-Law was repealed, when an application was 'made to staff, citizens would be advised if it conforms,
and if it does not conform, the only choice they would have would be to submit a re-zoning application,
which would be considered on its merits. He noted that there are presently five applications for renewals
of permits for location of mobile homes, none of which comply with the Zoning By-Law regarding areas for
placement of mobile homes, and the final decision would be with Council and not the Planning Advisory
Committee. Councillor Murphy stated he is in favour of giving permanent status to the present applicants
by re-zoning and that all future applications be handled in a similar way, but 'if the Planning Advisory
Committee in the future should refuse to give permanent status to any applicants, that they then should
have the right to appeal to Common Council. Councillor Clark stated he cannot support the recommendation .
as there is a distinction between a permit and re~zon~ng, as the City maintains control by the issuing of
a permit. Deputy Mayor Elliot suggested that in the re-zoning procedure, there would be greater control
than at present. Councillor Wayne noted that the final decision will be made by Council for any rezoning
to permit the location of mobile homes, as she does not see any other way of controlling this matter. The
Mayor referred to cases where a mobile home, is located at the rear of a lot and asked how such cases could
be handled by re-zoning. Councillor M. Vincent stated that Council was trying to dispose of a fairly
routine item which staff should handle, and if the above recommendation is adopted, it would not attain
the desired result. Mr. Winch suggested that the recommendation would discourage a number of applications
for the placement of mobile homes. , '
Question being taken, the motion was ,lost', a tie vote having been created with the Mayor,and
Councillors Clark, Knibb; A. Vincent and M. Vincent voting "nay".
Councillor Wayne proposed a motion, which was seconded by Councillor Murphy, that the applications 1
received for an extension of temporary permits regarding the placement of mobile homes be made permanent. --
The Mayor ruled that this was not a proper motion.
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that the following requests received for renewal of
permission for the placement of mobile homes for a further period of one year be granted, namely:- Mrs.
George Green, Kean Road; Mrs. Joan E. Godfrey, Old Black River Road; Mr. Douglas LeBlanc, Anthony's Cove;
Mrs. Brian Cook, Grandvlew Avenue; and Mr. Ward F. Duke, Sand Cove Road; and that the request of Mr. G.
Patrick Gorman on behalf of Mrs. Christina Garnett for permission to locate'a mobile home on property at
Garnett Settlement; be granted for a period of one year.
(Councillor Gould entered the meeting)
.
On motion of'Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that in accordance with the recommendation of the City
Manager, tenders be awarded for supplying cars, trucks and other equipment for various departments as
recommended in the submitted bid summary.
D~ussion ensued with Mr. MacKinnon regarding the specifications for various equipment listed in
the bid summary referred to above. Police Chief Ross advised Council that it is proposed that the
two motorcycles to be purchased for the Police Department, will be used to patrol the Rockwood Park area
and for specific cases of traffic congestion.
1
(Councillor M. Vincent withdrew from the meeting)
Question being taken, the motion was car:ried with Councillors Green and A. Vincent voting "nay".
On motion of Councillor Murphy
I
Seconded by Councillor Pye
RESOLVED that the 'letter from the City Manager noting that Council at
its February 4th ~eeting dealt with two related transportation matters - a report was requested on the
announced construction of on-off ramps from the Throughway at Ashburn Road, and at the same meeting
Council tabled third reading of the proposed amendments to the Municipal Plan By-Law to facilitate the new
alignment of the Eastern Arterial until February 19th, with the Engineering and Works Department to
provide additional'background inf~rmation; advising that additional background information has now been
provided by the submitted report from Mr. J. C. MacKinnon on the Ashburn Road ramps, which report explains
that these ramps do not conflict with the proposed Eastern Arterial and may in fact provide some supplementary
benefits; and recommending that the report on the Ashburn Lake Road ramps be received and filed, and that
Council proceed with third reading of the amendments to the Municipal Plan By-Law to facilitate the new
alignment of the Eastern Arterial, be received and filed:
.
AND FURTHER that that the by-law entitled, "A Law to Amend the Municipal Plan By-Law' of the City
....
II""
~ ~_-..--' '.: ~~......;~~.....,.:-.".--,....,.._< ~~..;;::t
261
.
Municipal
, Plan By-La
Eastern
, Arterial
I
\. by- laws
being read
in en t i rety
1
\. equipment
purchase
diesel engine
"Seaboard
Diesel Ltd.
tender accept
hydraul ic
1 if t
.
"Maritime
Acces sor i es
Ltd.
Comm i ttee of
the Whole
Repo rt
Preservation
"- Rev i ew Bd.
of Saint John and Amendments Thereto~, by amending Schedule 4-A by (a) deleting the Northern Expressway; (b)
changing the status of the Freeway extending from-the-Throughway to the Airport to an arterial street, and
adding a note to the Schedule to indicate that the alignment of the Eastern Arterial is according to Drawing
JIIos. 7928 - 7 - A and B of Appendix "B" of the Report prepared by Fenco Consultants Ltd. on the Eastern Arterial;
and changing the appropriate sections of the written statements and policies in the Municipal Development Plan
to reflect the changes made on Schedule 4-A, be read a third time and enacted and the Corporate Common Seal
affixed thereto.
The by-iaw entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Regarding the necessity of by-laws being read publicly in their entirety prior to adoption, Mr.
Rodgers stated that he has had dicussions with Provincial officials and that Council is basically a law-making
body, and the other roles of administrative and quasi-judicial are secondary to its law-making role, and
therefore the Legislature feels it is important that those laws be read word for word so that the public
understands what is being enacted, as all citizens are being affected by the particular decision Council is
making.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for the purchase of a 671 JII diesel engine from Seaboard Diesel Limited, at a cost of $10,065.83, plus tax.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that in accordance with the recommendation of the City Manager,
the tender ~f Maritime Accessories Limited in the amount of $7,750.08, be accepted for supplying and installing
a hydraulic lift at the,maintenance garage on Rothesay Avenue.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
report s
Your Committee begs leave to report that it sat on Monday, February 11th, 1980, ,when there were
present Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, Pye, M. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
1. That an amount up to a maximum of $1,000.00 be approved as an interim budget for the Preservation
Review Board.
1
2.
, Loya lis t Days Days
Inc.
That the City guarantee an amount up to a maximum of $40,000.00 as "up front" funding to Loyalist
Inc., with the programme for the 1980 celebrations to be cleared through Council's liaison committee.
'Canadian
Senior men's
Curl ing
Championship
,At lant ic
Sympony
Orchestra
'grants
.
Land Comm.
Ceda r Po i nt
" Trai ler Park
1
sale of lots
" Freda WAre
Virginia
, Stewart
'Michael Andre
'Sandy Simpson
I
\ Sandy Simpson
. ,land Comm.
103 Orange St
, Mrs. A.
Armstrong
....
3.
during
That an amount of $1,500.00 be approved toward a
the 1980 Canadian Senior Men's Curling Championship
reception and dinner to be held on March 11th, 1980
at the Riverside Golf and Curling Club.
4.
That an additional grant of $2,000.00 be made to The Atlantic Symphony Orchestra.
Saint John, N. B.,
February 19th, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On moti~n of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the above report be received and filed and the recommenda-
tions contained therein be adopted.
On motion of Councillor A: Vincent
Seconded by Councillor Murphy
RESOLVED that the following recommendations of the Land Committee regarding
the sale of lots in the Cedar Point Trailer,Park be adopted, namely:- (1) that the deadline of February 1st,
1980 to make the $500.00 deposit payment ,for a lot at Cedar Point be extended to February 15th and payments of
$500.00 by Freda Ware, Virginia Stewart, Michael Andrews and Sandy Simpson be accepted by the Legal Department
of the City of Saint John; (2)'that the tenants that'must be relocated'in the Park but have not as yet paid
$500.00 deposit because of uncertainty of which lots are available, be given until March 5th, 1980 to pay their
$500.00 deposit; (3) that all lessees now residing in the Park that have not paid the $500.00 by March 5th,
1980 be told they must have their mobile home out of the Park by April 30th, 1980; and (4) that tenants re-
ssiding in the Park that must be relocated because of the redesign of 'the lots in the Park, will be alloted the
site of their choice; first choice will go to the tenant who has been a tenant of the Park the longest, second
choice to the second longest, etc."
Councillor Pye noted that Mr. Simpson, a tenant at the Trailer Park, was present at the meeting.
/'
On motion of Councillor Pye
/
Seconded by Councillor Murphy
RESOLVED that Mr. Simpson be heard.
Mr. Simpson stated that his mother, who has been a tenant in the park for eight and one-half years,
has no intention of moving :from her lot.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be granted
for the sale of the freehold interest in property at 103 Orange Street to Mrs. A. Armstrong for the sum of
$1,500.00.
262
.,
'Land Comm it tee
-102 Greendale Cres
..... R. E, Dumoche I
Land Comm i ttee
248-250, 252-254 &
\ 256-258 City Road
Norman & Shirley
, Buckley
262-264 City Rd
'Rona I d McKenney
Saint John Fundy
'\ Development Comm.
Inc.
grant request
Spruce Lake Landfill
\ S'
Ite
pollution & vermin
Church Avenue
\ Overpass
\
Charles Denton
,L. F. Lambert
\City Market
\ C'
Ity Manager
policy re city's
real estate
\
R.J.H. Jeffery
'Env i ronmen t Comm.
'\
Canada Safety Council
,
Safe Driving Week
1979
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
EESOLVED that as recommended by the Land Committee, the City of
Saint John sell to Mr. R. E. Dumouchel the lot at 102 Greendale Crescent for the sum of $1,500.00, under
the following terms and conditions: (1) that the City maintain a sewer easement on, the property and
further that no buildings be erected on the site; and (2) that should it be necessary for the City to
tear up the land, it would be Mr. Dumouchel's responsibility to restore the property at his own expense.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City of
Saint John purchase the following properties, namely: 248-250, 252-254 and 256-258 City Road, owned by
Norman and Shirley Buckley for the sum of $38,500.00;'and 262-264 City Road, owned by Ronald McKenney for
the sum of $26,500.00, and that the Mayor and Common Clerk be authorized to execute the purchase and sale
agreements as presented by Tri-Town Realty Ltd.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Saad Ghanem, General Manager,
Saint John Fundy Region Development Commission Inc. requesting approval of the City to defray the cost of
a dinner to be held on June 18th regarding the Post-Conference Tour of the IDAC 1980 Conference, be
referred to the grants committee.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Councillor Wayne regarding under-
ground seepage from the City's landfill site into a stream in the Lorneville area, and the alleged rat
problem in this area, and the letter from Councillor Green regarding the pollution of the stream referred
to by Councillor Wayne, be referred to the City Manager for a report to Council in the very near future.
Councillor Murphy suggested that the above items should be tabled as he has been informed by
Mr. and Mrs. Wilson that a petition is being circulated, and will be submitted to Council with a request
for a delegation to appear before Council.
During discussion, Mr. McDermott advised that the three levels of Government are presently
taking action on the matters referred tO'above, and that the Works Department staff have taken water
samples for analyzing by Atlantic Analytical Ltd.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the City Manager prepare an up-to-date report to be
presented to Common Council in open session, as soon as possible on the status of the Church Avenue Over-
pass, outlining the properties to be acquired, the time frame for calling tenders, and the time for
commencement and completion of the project.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the presentation made at this meeting by,Mr. Charles
Denton, President of Denton's Limited, and the letter from Mr. L. F. Lambert regarding his request to
lease Stalls 4 and 5 and Counters E-3 and E-l in'the City Market building to permit expansion of his
premises, be laid on the table pending'a report from the City Manager.
During discussion prior to adoption of the above motion, Deputy Mayor Elliot noted that some
time ago a motion was adopted by Council requesting that the City Manager look at all of the City's real
estate holdings, including the City Market, and present some policy recommendations which could be
considered by this Council. Mr. McDermott advised that such report will be presented to Council in
approximately two weeks' time.
Question be~ng taken, the motion was adopted with Councillor Pye voting "nay".
On motion of Councillor Murphy
.
I
1
.
I
.
Seconded by Councillor Green
RESOLVED that the letter from Mr. R. J. H. Jeffery, 1714 Manawagonish
Road submitting the following points which, if acted upon, would improve the appearance of the City, 1
namely: (1) debris scattered on streets by trucks which are improperly loaded, improperly covered or "
overloaded; (2) the littering of bark and chips on the streets near the pulp and paper mills; (3) the
encroachment of grass and weeds on the sidewalks; and (4) the possibility of obtaining funds to restore
the exterior walls of the City Market building to their original state; and expressing his concern
regarding double parking on Main Street near the location of the liquor store -- be referred to the City
Manager for a report and action, and that a copy of Mr. Jeffery's letter be forwarded to the City's
Environment Committee.
Question being taken, the motion was carried with Councillors Elliot, Knibb and Pye voting
"nay".
On motion of Councillor Murphy
Seconded,by Councillor Green
RESOLVED that the letter from Mr. P. J. Farmer, Executive Director
of the Canada Safety Council, advising that on behalf of the Canada Safety Council he is privileged to
inform the Council that Saint John is among the forty-one participating Canadian communities with popula-
tions of 40,000 or more that completed Safe Driving Week 1979 without a fatal traffic accident and a
Council Certificate of Commendation signed by His Excellency the Governor General of Canada will be
presented in the near future by the Provincial Safety Council, be received and filed and copies be for-
warded to the various civic department heads.
I
.
.....
,..
".." ... ..~ ..-.,.....,......-~-.
.263
.
S. J. Rugby
\ Football Clu
grant request
Recreation &
\ Parks Advis.
Bd.
re-zoning
I
'Do na I d 8.
Lester
Donald R.
\ Lester
\291 Simpson
I:
St.Paul's
, Chu rch
Valley
Corridor r
,
Study
IJorth/South
\ Arterial
.
Counci Ilor J.
, MacCa II um
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the request of the Saint John Rugby Football Club for
financial assistance regarding the rugby tournament to be held in the spring of 1980, be referred to the
Recreation and Parks Advisory Board for a recommendation to the grants committee.
On motion of Councillor Wayne
R. Lester
Commi ttee
regard.
Seconded by Councillor Murphy
RESOLVED that the application from Messrs. Donald B. Lester and Donald
for re-zoning of property located at 291 Simpson Drive Extension, be referred to the Planning Advisory
for a report and recommendation and that authority be granted for the necessary advertising in this
D .
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Michael Richard, secretary of the
citizen's steering committee regarding the Valley area of the City, and the letter from Messrs. C. E. Pringle
and J. M. Whittaker, Church Wardens of St. Paul's Church, regarding the Valley Corridor Study and development
of the Valley area, be received and filed and they be thanked for their interest and willingness to assist in
the development of this area, and that they be advised of plans for the development of a route linking
! the present overpass at Dorchester Street with Somerset Street, as announced by the Mayor at this meeting of
CounciL
Deputy Mayor Elliot suggested that the matter of a Council member being appointed to the citizens
committee regarding the Valley area should be looked at by the Nominating Committee.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that best wishes for a speedy recovery be extended to our
fellow Councillor, John MacCallum, and that we assure him that his valuable input into Council deliberations
and procedures is greatly missed, and the Council members look forward to his early return to Common Council.
LEG A L Prior to the regular meeting, a legal session was held when there were present Mayor Davis and
S E S S ION iCouncillors Clark, Elliot, Gould, Green, Knibb, Murphy, MacCallum, Pye, A. Vincent, M. Vincent and Wayne.
I
"Rock 1 and Rd
.
I
I
.
....
On motion of Councillor Clark
Seconded by Councillor Murphy
RESOLVED that the matter regarding the proposed highway extension in the
Rockland Road area be reported to open session of Council.
Question being taken, the motion was carried.
The Mayor stated that he will bring the above matter to the attention of the public during open
session this date under Mayor's remarks.
On motion of Councillor Clark
Seconded by Councillor Murphy
RESOLVED that the matter of the land assembly project in the Rockland
Road area, be referred from legal session for consideration in Committee of the Whole.
Question being taken, the motion was carried with Councillor M. Vincent voting "nay".
On motion
The meeting adjourned.
~
Common Cl ,-
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-fifth
day of February, A. D. 1980, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Murphy, Pye,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solid tor" N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, S. Armstrong, Deputy Commissioner
of Engineering, J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle,
Director of Recreation and Parks, J. F. Ross, Chief of Police, P. Clark,
Fire Chief, D. J. French, Director of Personnel, G. Soucy, Labour Relations
Officer, R. Thompson, Chief 'of Rehabilitation Services, and H. B. Steeves,
Deputy Building Inspector
Reverend David Mack of the Church of St. Andrew and St. David offered a prayer which opened the
meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that minutes of the meeting of Common Council, held on February
19th last, be confirmed.
264
.,
\ Canada Summer Games Councillor M. Vincent, Liaison Councillor of the Canada Games Committee, read a letter advising
that the Federal Canada Games Council has advised through the media that they will not be making a
decision on the site for the 1985 Canada Summer Games in New Brunswick until after the completion of the
1981 Canada Summer Games in Thunder Bay,. Ontario, and Saint John ',s Canada Games Committee is not prepared
to accept this decision and have commenced to take the steps to have this decision changed so that a site
decision can be made as soon as possible. He stated that the Mayor has forwarded a .letter to the Premier
of the Province asking that he take whatever action he might to allow for an immediate site decision and
Mr. M. Landers, our Member of Parliament, has been asked to make the proper contacts in Ottawa to assist
in attaining this objective on the following basis: (1) a delay in site announcement within New Brunswick
will escalate Saint John's cost in financing the Canada Games; (2) the delay in site decision makes more
difficult the involved Bicentennial celebrations of 1983, 1984 and 1985 by reducing the planning and
programming time frame; (3) causes some delay in the commencement of planning and funding in causing the
Sportsplexfacility to become a reality; and (4) places the ,priority projects desired by the City and the
required amount of committee structuring and citizen involvement on these projects in a very tight time
frame which could easily be eliminated if the decision was made forthwith. Councillor M. Vincent noted
,that Council's previous resolution authorizing the Saint John Canada Games Committee to take whatever
steps were necessary to acquire the Canada Summer Games certainly still stands, however, Council may wish
to reaffirm that decision by resolution tonight in view of the stepped-up actions the Canada Games
Committee wishes to take through approaches to the Premier, and 'through Mr. Landers, approaches to the
Federal Government.
'D. Hatfield, Ltd.
,Chitticks (1962)Ltd.
, Coune. A. Vincent
,219 Princess St
We 11 i ngton Row
fire-damaged
, propert i es
,
1-3 Water Street
'Alban Emery
Traffic By-law
" amendment
Committee of the
Whole
,
S.J. Board of Trade
The Hon. Kenneth M.
" Curtis
US fJmba.6Saclor
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that Common Council re-affirm the efforts of the Saint
John Canada Games Committee to acquire the 1985 Canada Summer Games, and to have an announcement re-
garding the site decision for holding the said Games made in advance of the 1981 Canada Summer Games.
During discussion of the need for an immediate decision regarding the site for the 1985 Canada
Summer Games, Councillor Pye expressed his opposition to the City's efforts to acquire the said Games,
due to the prohibitive cost to the municipality, which he feels could be better used to provide upgraded
services in the outlying areas of the City. All the remaining Council members present expressed their
agreement to the efforts to acquire the 1985 Canada Summer Games for the City of Saint John, and the
resultant benefits to the City. Councillor Gould suggested that a request for advance funding for the
Summer Games should also be made.
Question being taken, the motion was carried with Councillor Pye voting "nay".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that
granted for payment of the following invoices, namely:-
D. Hatfield, Ltd. - (Works Dept.) equipment rental
Chitticks 1962) Ltd. - sanitary landfill covel' and pit
run gravel
as recommende~ by the City Manager, authority be
February 1-15, 1980 $ 6,929.10
February 1-15, 1980 $ 5,582.15
Councillor A. Vincent referred to the condition of fire-damaged properties at 219 Princess
Street and the corner of Union and Germain Streets, and he asked if the City has maintenance laws which
'would enable the City to take action when fire-damaged 'properties are left in a dangerous condition.
On motion of Councillor A. Vincent
r,
Seconded by Councillor Murphy
RESOLVED that Council be supplied with information regarding the
condition of fire-damaged properties in the City, and whether there is provision for the City to take
immediate action when such fire-damaged properties are left in a dangerous condition.
On motion of Councillor Elliot
.
I
1
.
I
- -
Seconded by Councillor M. Vincent
RESOLVED that in accordance with the request of the City .
Manager, approval be granted for the acquisition from Alban Emery of all the leasehold interests in l-3
Water Street (L-5-1-14), in the total amount of $51,889.10, free and clear of all encumbrances, and to
include any and all claims of any nature whatsoever by the present owner, and settlement to be subject to
the normal adjustments for outstanding taxes (water and property), et cetera, the approval of the Partner-
ship for the acquisition of the said leasehold property interest, in the total amount of $51,889.10,
having been acknowledged.
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that third reading of the proposed amendment to the
Traffic By-Law be tabled for an additional week.
Prior to adoption of the above motion, Councillor Green advised that he will be meeting with
the City Manager and the Chief of Police this week regarding the above proposed amendment to the Traffic
By-Law.
Read 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 begs leave to report that it sat on Tuesday, February 19th, 1980, when there
were present Mayor Davis and Councillors Clark, Elliot, Gould, Green, Kni bb, Murphy, Pye., A. Vincent, M.
Vincent and Wayne, and your Committee submits the following recommendation, namely:-
1. That the City of Saint John jointly sponsor a reception with the Board of Trade, to be held in
connection with the visit to the City of The Honourable Kenneth M. Curtis, Ambassador of the United
States of America; to a maximum amount of $500.00.
Saint John, N. E.,
February 25th, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
1
I
.
....
,...
,
.. .
265
.
-I:,
\
N.B.E.P.C.
I:
.
"Nancy E. Teed
, Counc. Wayne
Simonds
Centennial
..... . Arena
-I
...... Provincial-
Municipal
Counci I
.
re mandatory
sea t be I t
& smoke
detector
legislation
I
I
National
\ B u i 1 ding Cod
.
lro..
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the above report be received and filed and the
recommendation contained therein adopted.'
Councillor A. Vincent stated he has learned that the above reception will be held at a location
outside of the City, which information was not supplied to Council when the matter was considered in Committee
of the Whole.
Question being taken, the motion was carried with Councillors Pye and A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. G. D. Murphy, Solicitor for The New
Brunswick Electric Power Commission, proposing an extension of the closing date regarding the sale of the Dock
Street Plant property to April 3rd, 1980, be received and filed and as requested by the Commission, the
closing date for the sale of the Dock Street Plant property to the ,City be extended to April 3rd, 1980.
Di~cussion ensued as to whether extending the closing date for sale of the above property to the
City will have an effect on proposed demolition of the building.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter, be laid on the table for one week pending
a report from staff.
Question being taken, the tabling motion was carried.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from Nancy E. Teed, M.L.A., advising that she
noticed with great interest Council's attention being brought to the lack of an ,arena in the South End and
looks forward to the completion of the survey/study regarding a sports complex for Saint John and the location
of the same in the South End, be received and filed and Mrs. Teed be thanked for her interest and offer of
assistance.
Councillor Wayne referred to the reduced lighting and the fact that the heaters in the Simonds
Centennial Arena are not working. Mr. Nicolle reported on the efforts of his department to conserve energy
and maintain their budget limitations regarding the operation of the City's arenas, and the steps being taken
in this regard, and stated that if it is Council's wish that there be full lighting in the arenas at all times
his department would comply with that request. Regarding the heating in the Simonds Arena, he noted that
there have been difficulties with these heaters and his department is looking at a different type of heating
elenlent, although this would be quite an expense. Councillors M. Vincent and Murphy expressed their agreement
with the statement made at this meeting by Councillor Wayne regarding heating and lighting in the arenas. The
Mayor suggested that staff should check the light intensity in the arenas to ascertain if it meets the require-
ments of Sports Canada. Regarding the location of an arena in the South End of the City, the Mayor noted it
would require a minimum of two blocks of land which was not available, and that to erect a sports complex in
the South End would require a minimum of five acres, or about three City blocks, and this is one of the
reasons an arena was not constructed in the South End.
- ,
Consideration was given to a questionnaire from the Provincial-Municipal Council, advising that at
the last meeting the members agreed to survey the opinion of municipalities with regard to the wisdom of the
Provincial Government initiating mandatory seat belt and smoke detector legislation and requests that Council
respond to the following questions and reply prior to March 25th, 1980, namely: (1) Do you favour mandatory
seat belt legislation? and (2) Do you favour mandatory smoke detector legislation?
On motion of Councillor Knibb
Seconded by Councillor Elliot
RESOLVED that Common Council vote on the above questions at this
meeting.
Considerable discussion ensued regarding the advantages and disadvantages of the matters contained
in the above questionnaire and how such legislation would be enforced: Chief of Police Ross expressed his
views on the proposed mandatory seat belt legislation, stating he personally feels some thought should be
given to this matter before it is made mandatory, and Fire Chief Clark expressed his agreement with the
proposed legislation regarding smoke detectors, and outlined how his department would enforce such legislation.
He noted that his department is concerned mainly with multiple occupancy dwellings, and he outlined legislation
in effect in other Provinces and how it is enforced.
Councillor Wayne proposed a motion, which was not seconded, that the above matter be tabled pending
a further report from the Chief of Police and Fire Chief at the next meeting. In ensuing discussion, the
COilllcil members present expressed their opinions regarding the proposed mandatory seat belt and smoke detector
legislation.
In a vote taken regarding the question "Do you favour mandatory seat belt legislation?", the vote
was negative, with Councillors Clark, Elliot, Knibb, rye, A. Vincent, M. Vincent and Wayne voting "nay".
In a vote taken regarding the question "Do you favour mandatory smoke detector legislation?", the
vote was affirmative, with the Mayor and Councillors Clark and Elliot voting "nay".
Councillor A. Vincent stated he understands the requirement for installation of smoke detectors in
new construction is now part of the National Building Code, although it is not in effect for Saint John as we
have not adopted the various amendments to the Code as they are enacted.
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that Council be supplied with a legal opinion as to
whether in adopting the National Building Code, or any other legislation, in the City of Saint John, future
amendments to such legislation is automatically in force in the City.
266
~ational Bui Iding
\
Code
'Century Taxi
freeze On number of
taxis
,
C.B.D.C.
\ City Market
re-zoning
,I rving Oi I Limited
'1310 Manawagonish
Rd
LEGAL
S E S S ION
City Sol icitor
ma tte rs to be
considered in
\Lega 1 5ess'j on
The Northern
'Assurance Co. Ltd.
"
'~nCJ': '1 "Yl,~r ': -:2 .e'::?I? :.'-9!?:- ?-c l appears
incumbent upon the municipality to adopt the individual National Building Code revisions, however there
is an exception this year as there was an Order-in-Council which in effect means that the 1980 Code,
when it is available, will automatically be the Code applicable in New Brunswick, although after 1980
the Code will have ,to be adopted by Council.
.
Deputy Mayor Elliot noted that he had previously made a request for a report regarding the
City's by-laws and their enforcement.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Jon Burdon, President, Century
Taxi, advising that the management of Century Taxi understands that the Taxi Association, with the
support of some members of Common Council, have suggested a freeze on the number of taxis in the City,
and they feel the decision to freeze taxis would destroy their business, be received and filed and Mr.
Burdon be informed that Common Council has no intention of freezing the number of taxis at this time.
I
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. John Wallace, Chairman of the
Central Business Development Corporation's Market Committee, recalling that the said Committee prepared
and submitted reports to Common Council concerning the revitalization of the City Market in June of 1978
and February of 1979 and with the sole exception of having the City Market designated an historic site
under the Historic Sites Protection Act, Council has failed to initiate any positive action as regards
the recommendations contained in those submissions; further advising that the most recent controversy
that has developed between one the Market tenants and the City's Market Committee, once again illustrates
the inadequacies of the City Market By-Law and the administrative procedures being adopted by the City's
Market Committee, and accordingly, the members of the Corporation request that immediate action be
initiated by Common Council regarding the present and futUre development and refurbishing of the Saint
John City Market, ,be referred to the City Manager for consideration in a report to be submitted to
Council regarding the City Market.
'I
Councillor Pye, Chairman of the City's Market Committee, replied to remarks made at the last
meeting of, Council by Mr. Charles Denton regarding the City Market and its operation. During discussion,
several Council members expressed the need for a thorough study of the City Market and its future
development, and noted that this is not a reflection on the City's Market Committee or Deputy Market
Clerk. Councillor M. Vincent stated that at the next meeting, following receipt of the report being
prepared by the City Manager, he will move a motion that the Mayor appoint a special Council committee
to study this matter.
.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the application of Irving Oil Limited, submitted by
Gilbert, McGloan, Gillis & Jones, for re-zoning of property at 1310 Manawagonish Road to permit the
operation of a convenience" store, be referred to the Planning Advisory Committee for a report and
recommendation and that authority be granted for the necessary advertising in this regard.
I,
Following, a meeting in Committee of the Whole, the Council meeting resumed, in Legal Session,
when there were present Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Murphy, Pye, A. 'Vincent,
M. Vincent and Wayne.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor in regard
to Council's request for an interpretation as to what business can be carried on at a Legal Session and
the results of any motions passed without coming to open session, advising that private sessions of
Council referred to as "Legal Session" should not be abused by Council through the discussing of matters
and making decisions which are clearly inappropriate for private session and outside of the purpose of .
the legislation, and in view of the information submitted in his letter, it seems that Council should
consider continuing to discuss matters in Committee of the Whole when there is a doubt about it properly
being a subject for Legal Session, and at the same time, believing the matter is premature for an open
meeting agenda; further advising that there seems to be no abundantly clear answer in order to serve as
a guide to Council for the purpose of covering all possible eventualities and the points, expressed in
his report are mainly to bring to Council's attention the importance of and appreciation for the necessity
of private sessions in the overall operation of local government be received and filed and Council
continue to discuss matters in Committee of the Whole when there is doubt about it properly being a
subject for Legal Session.
On motion of Councillor Murphy
1
Seconded by Councillor M. Vincent
RESOLVED that in accordance with the recommendation of the
City Solicitor, authority be granted for payment to The Northern Assurance Company Limited of the amount
of $10,919.54, being the comprehensive general liability claims for the fourth quarter of 1979.
On motion
The meeting adjourned.
I
At a Common Council, held at the City Hall, in the City of Saint John, On Monday, the third
day of March, A. D. 1980, at 7.00 o'clock p.m.
present
G. Forbes Elliot, Esquire, Deputy Mayor
Councillors Clark, Green, Knibb, Landers, Murphy, Pye, A. Vincent,
M. Vincent and Wayne
.
- and -
.....
"...
,_ '!'~< :.,. ':;~_''-~i:'<.''-~<-';:C-:--;
..267
.
I
Municipal
Plan amend-
ment'
\ Simonds Loca J
1_ Service Distric
Ra ng e Road
.
Municipal
Plan by-law
amendment
,Range Road
I
re-zon j ng
.
I
P.A.C.
re-zon i ng
I
S & A. ,:
, H6ld i ngs Ltd
'-Somerset St
re-zoning
conditions
.
...
Messrs. N. Barfoot, Assistant City'Manager, R. Park, Commissioner
of Finance, F. Rodgers, Ctty 901icttor, J. C. MacKinnon, Comm~ss~oner
of Engineering and Works, M. Zides, Commissioner of Community Planning
and Development, J. Gabriel, Deputy Commissioner of Works, J. F. Ross,
Chief of Police, D. French, Director of Personnel, H. B. Steeves, Deputy
Building Inspector, and N. MacNeil, Manager, Civic Public Relations
Reverend D. C. Pond of Hillcrest United Baptist Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on February
25th last, be confirmed.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of property identified as L.R.I.S. Number 471011, occupied by the Simonds Local Service District fire
hall on the Range Road, by: (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development
Plan to designate the property to Major Institutional uses from Agricultural uses, and (b) re-zoning the said
property from "p" Park to "IL-2" Major Institutional classification, to permit enlargement of the existing
building to provide a training and meeting place for volunteer members, and that no written objections were
received in, this regard. No person was present to speak either against or in favour of the proposed amendments
Consideration was given to the letter from the Planning Advisory Committee, dated February 27th,
1980 recommending the above changes in the Municipal Development Plan and re-zoning'.
On motion of Council16r M. Vincent
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property identified as L.R.I.S. Number 471011, occupied by the Simonds Local Service District
fire hall on the Range Road, from Agricultural uses to Major Institutional uses, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property identified as L.R.I.S. Number 471011, occupied by the Simonds Local Service District
fire hall on the Range Road, from Agricultural uses to Major Institutional uses, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John; by re-zoning property identified as L.R.I.S. Number 471011, occupied by the Simonds
Local Service District fire hall on the Range Road, from "p" Park to "IL-2" Major Institutional district, be
read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
, RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
'Zoning Map of the City of Saint John, by re-zoning property identified as L.R.I.S. Number 471011, occupied by
the Simonds Local Service District fire hall on the Range Road, from "p" Park to "IL-2" Major Institutional
district, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan amendment and re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law to re-zone a l.Og acre parcel of land, being a portion of Snowflake Lime Limited property on
the north side of Somerset Street east of Brunswick Ready Mix Limited and opposite Norman W. Francis Limited,
from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, to permit use
of the property for the sale and repair of forklifts and related equipment, as requested by S & A Holding
Ltd., and that no written objections were received in this regard. No person was present to speak either
against or in favour of the proposed re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated February 28th,
1980, which recommends the proposed re-zoning, subject to a resolution of Common Council pursuant to Section
39 of the Community Planning Act on the following conditions: (a) the use of the property shall be restricted
to the sale and repair of forklifts and related equipment; and (b) prior to the issuance of a building permit
the applicant shall receive the approval of the Deputy Commissioner of Community Planning to a plan indicating
buildings, parking, landscaping and other appropriate site features.
268
"
On motion of Councillor A. Vincent
re-zoning
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Ther'eta", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning a 1.09 acre parcel of land, being a portion of
Snowflake Lime Limited property, on the north side of Somerset Street east of Brunswick Ready Mix
Limited and opposite Norman W. Francis Limited, from "RS-2" One- and Two-Family Suburban Residential to
"I-I" Light Industrial district, subject to a resolution pursuant to Section 39 of the Community Planning
Act on the following conditions: (a) the use of the property shall be restricted to the sale and repair
of forklifts and related equipment; and (b) prior to the issuance of a building permit the applicant
shall receive the approval of the Deputy Commissioner of Community Planning to a plan indicating buildings,
parking, landscaping and other appropriate site features, be read a'first time.
.
,
Somerset Street
, S & A Ho 1 ding s L t d .
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
1-
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map"of the City of Saint John, by re-zoning a 1.09 acre parcel of land, being a portion of
Snowflake Lime Limited property, on the north side of Somerset Street east of Brunswick Ready, Mix
Limited and opposite Norman W. Francis Limited, from "RS-2" One- and Two-Family Suburban Residential to
"I-I" Light Industrial district, subject to a resolution pur'suant to Section' 39 of the Community Planning
Act on the following conditions: (al the use of the property shall be restricted to the sale and repair
of forklifts and related equipment; and (b) prior to the issuance of a building permit the applicant
shall receive the approval of the Deputy Commissioner of Community Planning to a plan indicating buildings,
parking, landscaping and other appropriate site features, be read a second time.
I
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
.
On motion of Councillor Murphy
P.A.C.
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed re-zoning be received and filed.
re-zoning
The Common Clerk advised that the necessary advertising was completed for the proposed amendment
to the Zoning By-Law to re-zone property known as civic number 131 St. James Street from "RM-l" Multiple
Family Hesidential to "B-2" General Business classification, to permit establishment of a take-out
restaurant in conjunction with the existing convenience store, as requested by James Brown and Mrs.
Pearl Brown, and that no Written objections were received in this regard.
"131 St. James St
'James & Pearl Brown
re-zoning condition
Consideration was given to the letter from the Planning Advisory Committee, dated February
19th, 19S0, which recommends the proposed re-zoning, subject to a resolution of Common Council pursuant
to Section 39 of the Community Planning Act on the following conditions: (a) the use of the property
shall be restricted to dwelling units, and/or a convenience store and take-out restaurant with a maximum
floor area of 800 square feet; and (b) the store and take-out restaurant shall not be opened for business
after 11:00 p.m.
I
Mrs. Pearl Brown, owner of the above property, was present at the meeting and stated she feels
there is a need for a take-out in this area.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John", by re-zoning property at 131 St. James Street from "EM-I" .
Multiple Residential to "B-2" General Business district, subject to a resolution pursuant to Section 39
of the Community Planning Act on the following conditions: (a) the use of the property shall be restricted
to dwelling units, and/or a convenience store and take-out restaurant with a maximum floor area of SOO
square feet; and (b) the store and take-out restaurant shall not be opened for business after 11:00
p.m., be read a first time.
In reply to a query of Councillor M. Vincent if condition (b) in the above resolution is
enforceable, and how it would be enforced, Mr. Rodgers stated that, generally, such conditions are part
of the re-zoning and if the owner is in violation of the re-zoning there are steps which can be taken - I
the land can revert to the original zoning without amendment of the By-Law and then prosecution can take
place; regarding the specific condition referred to by Councillor M. Vincent if the City has the authority ,~
to limit the hours of operation, he stated he would need to examine this specific condition.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John", by re-zoning property at 131 St. James Street from "EM-I"
Multiple Residential to "B-2" General Business district, subject to a resolution pursuant to Section 39
of the Community Planning Act on the following conditions: (a) the use of the property shall be restricted
to dwelling units, and/or a convenience store and take-out restaurant with a maximum floor area of 800
square feet; and (b) the store and take-out restaurant shall not be opened for business after 11:00
p.m., be read a second time.
I
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
.
...
,...
259
. '- City Sol icit r
I
P.A.C.
I
Zoning By-Jaw
amendment
re Sect ion
ii4(a)
.
I
P.A.C.
'- St reet
Closing
'North Market
1- Whart\
,Nelson St
,Robertson PI
"Smythe St
,Union St
.\Street Closin
By-Law
I
1
.
\
....
On motion of Councillor A. Vincent
Seconded by Council~or Landers
RESOLVED that the City Solicitor
attached to re-zonings under Section 39 of the Community Planning Act.
report to Council regarding conditions
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law by repealing Section 114(a) to remove the restriction which requires that main buildings in
"B-2" zones, have a minimum height of two storeys or 21 feet (whichever is less), and that no written objections
were received in this regard. No person was present to speak either against or in favour of the proposed
amendment.
Consideration was given to the letter from the Planning Advisory Committee, dated January 8th, 1980,
which recommends the proposed amendment.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", by repeaiing Section 114(a), be read a first time.
In reply to a ,query of Councillor Knibb regarding the intent of Section 114(a), Councillor Landers
stated that it was to 'ensure that all buildings were uniform, however, the Planning Advisory Committee decided
it would be better to have a new one-storey building rather than an older building or vacant lot.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", by repealing Section 114(a), be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed amendment be received and filed.
The Common Clerk advised that the necessary advertising was completed regarding the proposing closing
of portions of North Market Wharf, Nelson Street, Robertson Place, Smythe Street, and Union Street, to facili~f
tate development of the Market Square project, and that no written objections were received in this regard.
No person was present to speak either against or in favour of the proposed street closings.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways and
portions of highways:-
North Market Wharf - All that certain lot, piece or parcel of land situate, lying and being in the City of
Saint John in the County of Saint John and Province of New Brunswick, being that portion of North Market Wharf
commencing at its intersection with the western sideline of Dock Street and running in a westerly direction
approximately 672 feet measured along its centerline to its termination.
Nelson Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John in the County of Saint John and Province of New Brunswick, being the entirety of Nelson Street commencing
at i.ts intersection with the northern sideline of North Market Wharf and running in a northerly, northwesterly
and westerly direction approximately 526 feet measured along its centreline to its intersection with the
eastern sideline of Smythe Street.
Robertson Place - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint "John and Province of New Brunswick, being the entirety of Robertson Place commenc~
ing at its intersection with the western sideline of Nelson Street and running westerly approximately 220
feet measured along its centreline to its intersection with the eastern sideline of Smythe Street.
Smythe Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John in the County of Saint John and Province of New Brunswick, being that portion of Smythe Street commencing
at its intersection with the northern sideline of North Market Wharf and running in a northerly direction
approximately 820 feet measured along its centreline to its intersection with the southern sideline of the
former North Street.
Union Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being that portion of Union Street commencing
at its intersection with the western sideline of Dock Street and running in a westerly direction approximately
545 feet measured along its centreline to its termination at its intersection with the eastern edge of Long
Wharf Slip.
The above described lands being and intending to be all and every portion of the said North Market Wharf,
Nelson Street, Robertson Place, Smythe Street and Union Street located with the boundaries of the area identi-
fied as "Market Square" on a plan of property entitled "Market Square City of Saint John, Saint John County,
N.B." dated August 24,1978, prepared by Murdoch-Lingley Limited and signed by Carl A. Laubman, N.B.L.S. , ,
:::.~ ':""'.1''; .
\l-r'lJ)('..-i.:..j'~ .:~~:r -i:I:i:"':'''
- be read a second time.
270
.,
Street Closing
\ By- Law
\City Market
Market Action
\ Commi ttee
terms of reference
,
Counc: M. Vincent
\
City Market
re federal funding,
market study,
peddlers
\
Market Action Comm.
"
Laurence F. Lambert
,Coffee Corner
c
City Market
Mariner Palmer
" All en Dohaney
'Jeremi ah' s Food
Serv ices Ltd.
City Market
'Chris Wills
S.J. Branch of
\Maritime Energy
Coa 1 i t ion
,Pt. Lepreau
Nuclear Generating
St,ation
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 18700f the
Municipalities Act, R.S.N.B. 1973".
.
Qn ~otion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the report from the City Manager regarding the
Saint John City Market be added to the agenda and considered at this time.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as 'recommended by the City Manager, a Market Action
Committee be established with the following responsibilities: (1) to examine all phases of the existing
administration and operating procedures and to recommend the ,adoption of more clear cut and simplified
administration and operating procedures to ensure more effective management of the City Market; (2) to
carry out, or cause to be carried out, a complete engineering and archifectural evaluation of the City
Market building; (3) to formulate, or cause to be formulated, both short and long-term plans for
improving and maintaining the interior and exterio~ appearance of the'Market; in addition, new approaches
as to design of stands, racks, stalls and small stores must be looked at carefully to provide added
diversity ,and interest; (4) to establish a proper promotional plan for the Market so that it will
continue to draw an ever-increasing crowd of tourists and residents to the revitalized downtown section
of the City'Centre; and (5) any recommendations be in conformity with legislation which established the
City Market:
I
I
AND FURTHER that the Market Action Committee consist of the following: (1) three members of
Council; (2) City Manager or his designate; (3) Commissioner of Works or his designate; (4) Commissioner
of Community Planning and Development or his designate;' and (5) Promotion and 'Public Relations Manager;
and that the work of this Committee be started by March 15th, 1980 and that all recommendations to
Council for action be completed by June 15th, 1980.
The Deputy Mayor noted that the appointment of Council's representatives on the Market Action
Committee will be considered by the Nominating Committee. .
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from Councillor M. Vincent regarding
the City Market, proposing the following motions: (1) Whereas the City Market should be considered of
historic significance, this aspect be looked into thoroughly to determine if funding or significant
recognition is available from Ottawa;, (2) That a special Council appointed committee consisting of
three members of Council and the appropriate City staff look into all aspects of the City Market structure
and to report back to Council within a thirty-day time period'with recommendations; (3) That the existing
City Market Committee not be involved in this examination of the Market, and their future and existence
be considered within the Council committee's recommendations and considerations; and (4) The examination
of the number of roadside peddlers who establish some building locations or shacks from which produce
and fish products are sold, and that this matter be investigated to determine its legality and further
that these vendors be advised that we have a City Market intended for that purpose and that type of
merChandising should occur there, and these old shacks should be removed immediately and not be allowed
to be located within City streets -- be forwarded to the Market Action Committee for consideration.
I
Considerable discussion ensued regarding the present operation of the City Market, and regarding
the recommendations contained in the above report from the City Manager and the letter from Councillor
M. Vincent. During the discussion, Councillor Wayne referred to a report received by Council on March
15th, 1979 from Heritage Canada, and she suggested that the City Manager should pursue this report.
A presentation was made at' this time, by Mr. Laurence F. Lambert, Proprietor of the Coffee
Corner in the City Market, regarding his request for leasing additional space in the Market to expand
his premises. Mr. Lambert stated he purchased the Coffee Cornel' in 1976 at a considerable purchase
price and has improved the facilities since that time, and that due to the increase in business, and
the small kitchen facilities available in his present location, he requests the leasing of the two
adjacent vacant stalls, or at least one additional stall, in order to expand his facility. In his
presentation he expressed the view that the present restaurant facilities in the City Market, comprising
his sit-down restaurant, and the Diana Restaurant, and three take-outs.' are sufficient for the business
available, and that no further approvals should be given for additional sit-down facilities. He noted
that the take-out facilities sell other produce as well. He stated that he has a petition containing
the names of over 100 customers in favour of his requested expansion. He noted that although he is a
member of the Market Committee; he was not present when his request was considered by the Committee.
Following Mr. Lambert's presentation, and discussion with the Council members, the 'Deputy Mayor advised
that Council will render a decision regarding the presentation, later in the meeting.
.
I
Messrs. Mariner Palmer and Allen Dohaney, owners of Jeremiah's Food Services Ltd., tenants in
the City Market, appeared before Council regarding their submitted report on how they feel improvement
can, be made to the Market, and stated that they'have not dealt at all with criticism of the current
administration and record of the past with regard to,the Market but have, however; made a number of
recommendations all of which are positive ideas which could improve the Market. The improvement
proposals for the City Market as submitted in writing by Messrs. Palmer and Allen Dohaney were reviewed
and discussed in considerable detail with the Council members. Following the presentation, the Deputy
Mayor advised that Council will render a decision regarding the presentation, later in the meeting.
I,
At this time Mr. Chris Wills, a member of ' The Saint John Branch of the Maritime Energy Coalition,
appeared before the meeting regarding a written brief submitted to Cou~cil, which brief requests that
the Common Council adopt the following resolution concerning the Point Lepreau Nuclear Generating
Station: ,Whereas the Saint John Common Council has a responsibility to protect the public health of the
citizens of Saint John; and whereas nuclear reactors create radioactive wastes.which can cause cancer,
leukemia and genetic defects in human beings and remain hazardous for up to 250,000 years; and whereas
there is currently no safe means of nuclear waste disposal and the Canadian Nuclear Waste Management
Program as it exists today is only experimental and its results will not be known for 20 years; and
whereas there have been numerous allegations over the past few years of faulty and irresponsible construction
at the Point Lepreau generation site; and whereas nuclear reactors have had accidents due to design
malfunctions and faulty construction; and whereas a worse case accident at a nuclear reactor the size
of Point Lepreau could kill vast numbers of people and inflict billions of dollars in property damage
.
~
"..
<4"""':
.- .'; ''-'~~~- ;..-~,"...-.,..-~
l.tO
271
.
I
I
.
Ca pita I
, projects
'\ Fire Stn #2
" Thomas Cons t.
Ltd.
I
,
Agreement
Flood Damage
Reduct ion
Marsh Creek
.
I
"
Agreement
National
" Harbours Bd
exchange of
lands
I'
Market Square
.
tender
'- awa reded
, uniform
clothing
Fire & Po 1 ice
Depts.
I..
tender
deposits
...
in an area greater than the size of New Brunswick; and whereas the New Brunswick Emergency Measures Organization'E
tentative evacuation plan for Point L~preau only covers a twenty mile radius, excluding Saint John and other
New Brunswick municipalities within 30-40 miles of Point Lepreau, and yet still claims to be designed for
the worse possible case accident; and whereas the Energy Committee of the New 'Brunswick Legislature has
recommended a critique of all existing safety reports on Point Lepreau and individual,members of the energy
committee desire a full scale inquiry into nuclear power safety and economics but are restrained because of
what they term a lack of funding for such an inQuiry, now therefore be it resolved that the Saint John
COIT@on Council recommend to the Government of The Province of New Brunswick that the safety of the New
Brunswick people be their first priority and therefore that a moratorium on construction at Point Lepreau be
implemented and maintained until a full scale public inquiry is conducted into the safety of nuclear power,
including a critical review of construction at Point Lepreau. The brief outlines what powers the Coalition
feels such a commission should have.
The brief also requests that Common Council adopt ,the following resolution concerning uranium
mlnlng in New 'Brunswick: Whereas the Government of the Province of British Columbia has just recently called
for a seven year moratoriUm on uranium mining in British Columbia; and whereas the waste or tailings from
uranium mines can pose a serious low level radiation danger to communities.near mine sites; and whereas
medical scientists have found that low level radiation exposure can cause cancers and leukemia in human
beings; and whereas the British Columbia Medical Association opposes uranium mining because of, its potential
hazard to the public health; and whereas some of the uranium mined in Canada is used in nuclear weapons
production; and whereas exploration activity for uranium is very strong in New Brunswick with as many as
3000 claims staked as of April, 1979 and at least twenty companies engaged in exploration; and whereas the
Government of the Province of New Brunswick has not yet openly discussed the public health implications of
uranium mining, now therefore be it resolved that the Saint John Common Councii recommend to the Government
of the Province 'of New Brunswick that there be a moratorium on uranium mining exploration and mining until a
full scale public inquiry has weighed the risks and benefits of uranium mining. Mr. Wills concluded his
presentation by requesting that Council not only move in favour of the above requests, but that Council
study the documents filed with the brief.
The Deputy Mayor thanked Mr. Wills for his presentation and advised that Council will render a
decision, later in the meeting.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following contract payment certificate in connection with the following named
capital project:-
1.
Fire Station Number 2
Loch Lomond Road and McAllister Drive Int.
Thomas Construction Ltd.
Site preparation
Original estimated va~ue'of contract
Total work done, Estimate Number 3'
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated 'February 12,1980 Final Release of Holdback after
expiration of Period of Maintenance
$ 18,047.00
18,047.00
Nil
17,505.59
$ 541.41
On motion of Councillor Wayne
Seconded by Councillor Murphy
, RESOLVED that the letter from the City Manager advising that the City
and the Province of New Brunswick entered into an agreement for flood damage reduction for Marsh Creek
Watershed on August 25th, 1977, which agreement terminates on March 31st, 1980 unless otherwise agreed to by
the parties; further advising that the City had requested a two-year extension of the agreement and this has
now been agreed to by the Province and the Federal Government, and the submitted amendment to the Agreement
contains the following provisions: (1) extension to March 31st, 1982; (2) no claims to be paid to the City
for work commenced after March 31st, 1980 until the City acquires the lands in the Forebay area required for
flood control; and (3) the substitution of a new Marsh Bridge instead of a new box culvert at Marsh Bridge;
and noting that funding under the original agreement of $2,010,000.00 to be shared three ways, is unchanged --
be received and filed and authority be granted for the Mayor and Common Clerk to execute the said amendments
to the Marsh Creek Flood Damage Reduction Agreement on behalf of the City.
In reply to a query of Councillor Wayne, Mr. Barfoot stated that the above amendment to the Marsh
Creek Flood Damage Reduction Agreement does not affect the time schedule for construction of the new Marsh
Bridge.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager advising that an
agreement in principle was reached some years ago with the National Harbours Board whereby certain lands
owned by them in the Market Square area were to be exchanged with 'certain lands being acquired by the City
in the same area, which exchange agreement provided the City with the lands needed to complete the Market
Square land assembly, and provided the National Harbours Board with the lands they required to establish a
proper Harbour headline in the vicinity of Long Wharf Slip; further advising that the two points which have
been holding up the final approval of this document were: (1) the agreement for the acquisition of N.B.E.P.C.
lands; and (2) an indemnification clause requested by the National Harbours Board; and as the N.B.E.P.C.
purchase has recently been finalized and the indemnification clause has been examined from a legal and
engineering standpoint in assessing the 'extent of risk, it is the City Manager's opinion that the risk is
acceptable in view of what is involved -- be received and filed and authority be granted for the Mayor and
Comnlon Clerk to execute, on behalf of the City, the submitted Agreement between the National Harbours Board
and The City of Saint John.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that in accordance with the recommendation of the City Manager,
tenders be awarded for supplying uniform clothing for the Police and Fire Departments for the year 1980 as
recommended in the submitted bid summary.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the requirement for deposits on tenders for the
272
.,
\
Chesley Place
,The Rocca Group
lease
.
"opt ion to purchase!
,Lord Beaverbrook
Rink
'parking
'garbage collection
tenders
'\ Gosson San i tat ion
Services
, N.B.E.P.C.
Dock Street Plant
'MacKnight Motors Lt
re proposed
legal action
po 1 i'cy re
re-zoning
'- a pp 1 i ca t i on
~
~"\J
~
time limit
supply of goods to the City be reviewed, and that the City Manager report to Council in this regard.
frior to adoption of the above motion, Councillor Landers noted that the City of Saint John ...
is the only government in the Maritime Provinces which requires a bid deposit for the supply of goods.
He further advised that the above motion only refers to the supply of goods, not services.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager and the
Deputy Connnissioner, Housing and Renewal Services, Council approve an "option to pur.chase" clause as
outlined, to be inserted in the lease for Chesley Place, as requested by The Rocca Group and approved
by the Co-Ordinating Committee.
Councillor A. Vincent stated he understood that lands in an urban renewal area could only be
leased, not sold. Mr. Barfoot stated that it is the policy to only lease urban renewal lands, however,
in Obtaining developments for these lands; the partnership found it necessary in the past, notably
regarding Prince Edward Square, to enter into 'a similar clause as that recommended, to assist the
developer to obtain better financing terms for his development.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table for one week
for a review of the policy by the Co-Ordinating Committee.
Question being taken, the tabling motion was. carried:
On motion of Councillor Landers
Seconded by,Councillor Murphy
RESOLVED that the matter of tenants in the Chesley Place develop~
ment parking in the City-owned parking lot behind the Lord Beaverbrook Rink be referred to the Lord
Beaverbrook Rink Committee for investigation and a report to Council.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, regarding tenders for the collection of
solid waste in the five former outer tax zone areas, currently covered by five separate collectors,
submitting a chart showing all prices bid by eight bidders, and also submitting a draft of conditions
which should form a part of a signed contract with the successful bidder, such contract to be drafted
by the Legal Department and signed by both parties prior to 'commencement of the work; and recommending
that the bid of $24.00 per unit pel' year from Gosson Sanitation Services for the collection of solid
waste in the former outer tax zones 1, 2, 3, 4, and 5, for the period from March 21st, 1980 inclusive
to December 31st, 1984, be accepted, and that the Mayor 'and Common Clerk be authorized to execute the
contract as drafted by the Legal Department -~ be laid on the table pending a teach-in to be held prior
to the next Council meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager with regard to the
request of The New Brunswick Electric Power Commission to extend the closing date for the acquisition
of the Dock Street Plant property to April 3rd, 1980, advising that this matter has been examined and
it has been determined that the Commission's offer contained in their letter of January 10th which was
accepted by Council on January 14th, 1980, gave permission to the City to enter on the land and carry
out the demolition prior to closing and in view of the various circumstances of this transaction the
date of April 3rd is acceptable -- be received and filed and the closing date for acquisition of the
said property be extended to April 3rd, 1980.
Councillor A. Vincent voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the' City Solicitor reporting on
past actions taken against MacKnight Motors Ltd. regarding the condition of the junkyard located on the
Ashburn Lake Road, advising that in view of the fact that in order to proceed under Section 94 of the
Community Planning Act' (as suggested in a letter to Council from residents of Jones Drive) it is
necessary to have Council authority, it seems that Council should dispose of the present re-zoning
application before authorizing the action contemplated by Section 94, and following the public hearing
set for March 17th, 1980, and if re-zoning does not take place, he will be immediately asking Council
for authority to commence an action for the purpose of utilizing all the powers contained in Section 94
of the Act, be laid on the table until the're-zoning application is dealt with by Council 'on March
17th.
Question being taken, the motion was carried with the Deputy Mayor and Councillors Landers
and A. Vincent voting "nay".
Councillor Wayne noted that in other cities when a re-zoning application is turned down the
applicant cannot reapply for at least six months on the same application.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that staff look at the existing policy regarding
re-zoning applications and the reapplying of same within a designated period of time, and submit a
report to Council.
TI
I
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1
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J
I~
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....
,....
-'-~"'~~":r ~- .<.,~~
273
.' Traffic
By-Law
.... amendment
Committee of
the Whole
I
Market Square
..... Corporation
I
.
Committee of
the Whole
I
Gran t
S.J. Fundy
Region Dev.
'Comm. Inc
.
P.A.C.
Flood R i s k
, Area By- Law
1
by-laws
read in
"'-ent i rety
I.
_ John Ba rry
,
Cooper Report
.
,
...
On motion of Councillor Green,
Seconded by Councillor Wayne
RESOLVED that third reading of the proposed amendment to the Traffic
By-Law be tabled for an additional week.
Read 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 begs leave to report that it sat on February 11th, 19S0, when there were present
Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Landers, Murphy, Pye, M. Vincent and Wayne, and your
Committee submits the following recommendation, namely:-
1. That authority be granted for the necessary action regarding the establishment of a Market Square
Corporation.
Saint John, N. B.,
March 3rd, 19S0.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the above report be received and filed and the recommenda,=:'.c,:'
tion contained therein adopted:
AND FURTHER that the means by which the Corporation be established be referred to the Legal Department
and City Manager for a report and recommendation.
Read 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 begs leave to report that it sat on February 25th, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Green, Knibb, Murphy, Pye, A. Vincent, M. Vincent and Wayne, and
your Committee submits the following recommendation, namely:-
1. That with regard to the request, of the Saint John Fundy Region Development Commission Inc. that the
City defray the cost of a dinner to be held on June lSth regarding the Post-Conference Tour of the IDAC 19S0
Conference, an amount of $500.00 be granted toward the cost of the said dinner.
Saint John, N. B.,
March 3rd, 19S0.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Knibb
RESOLVED that the above report be received and filed and the recommendation
contained therein adopted.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee recommending
that Common Council give third reading to the Flood Risk Area By-Law, and advising that the Committee has
adopted as policy that, once the By-Law is in force, it will not exercise the authority given to it under
Section 5(1) of the Zoning By-Law within the designated flood risk areas, be received and filed:
AND FURTHER that the by-law entitled, "The Flood Risk Area By-Law of The City of Saint John, N. B."
be read a third time and enacted and the Corporate Common Seal affixed thereto.
In reply to a query of Councillor M. Vincent, Mr. Rodgers stated that as he previously reported
verbally to Council, he contacted Fredericton regarding the necessity of by_laws being read in their entirety
prior to third reading, and the opinion received was that as Council is basically a legislative body, by-laws
are required to be read in their entirety before enactment so that the public can have every opportunity to
know what laws are being adopted by local government which affects all citizens.
Councillor M. Vincent voted "nay" to the above motion.
The by-law entitled, "The Flood Risk Area By-Law of The City of Saint John, N. B." was read in its
entirety in Committee of the Whole this date.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that Mr. John Barry, Chairman of the Planning Advisory Committee,
be heard with respect to the report before Council regarding the Cooper Report on the Community Planning Act.
Mr. Barry spoke at length regarding the commentary of the Planning Advisory Committee on the Cooper
Report, which is to be considered at this meeting by Common Council, and considerable discussion ensued with
the Council members on the said Cooper Report and the Committee's Commentary.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee submitting
274
.,
,
l).t.\I').('
Minister of
Municipal Affairs
Planning Advis. Co
\.re watershed
'Land Comm i ttee
,Cedar Point Trailer
Park
relocation of
trai lers
\ Building Inspector
'John Johnson
'219 Princess Street
'209 Main Street
~26~ & 228 Rockland
Road
Dangerous &
, di lapidated
Canada Wire &
, Cab I e B I dg.
'City Transit
, Works Dept.
,
\
Counc. Murphy
\ senior citizens
, S. J. Human Deve lop-
ment Council
a copy of the Commentary of the Committee on the Cooper Report' on the Community Planning Act, re-
commending that Common Council adopt this report for submission to the Honourable Horace B. Smith,
Minister of Municipal Affairs, be received 'and filed and the recommendation adopted.
Prior to adoption of the above motion, the Council members commented on the excellence of
the above report of the Planning Advisory Committee.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that a small committee of the Planning Advisory Committee
and senior City staff draft recommendations within the next, two months to be presented by Council to
the Provincial Government on the problems encountered in the watershed areas outside the City limits,
including pollution and the controlling of building in these areas.
Copies of a report from the Land Committee regarding the Cedar Point Trailer Park were
distributed to the Council members as'anextra'item to be considered at this time.
On motion of Councillor A. Vincent
i"'\~,
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee, advising that at
its meeting held on March 3rd, 1980 the Committee considered the costs and inconveniences that the
tenants will incur when having to, relocate in the Cedar Point Mobile Home'Park, and the Committee
recommends that for the nine trailers that have to relocate and the six trailers that have to move on
the lots that they presently occupy that the City be responsible for the following: (a) the cost of
moving the trailer, which includes blocking, to the new location; (b) extend or relocate water, hydro
and sewer locations, as required; (c) pay to each tenant an allowance of $400.00 towards the costs of:
(1) moving, or replac ing the skirting to the trailers in a manner acceptable to the City; (ii) tran-
sferring telephone and'cablevision hookups; (ii) re-erection or moving any other fences, porches, sheds,
etc.; and the City will, when moving the trailer, also move any fence or shed that has been dismantled
by the tenant; the allowance of $400.00 to be paid when the City is satisfied that such skirting has
been put in place in a manner acceptable to the City -- be received and filed and the recommendation
adopted.
The Deputy Mayor stated that there is an additional item to be considered at this time re-
garding the appointment of a Building Inspector.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED,that Mr. John Johnson be appointed Building Inspector of
The City of Saint John.
Councillor Wayne referred to the condition of properties at 219 Princess Street and 209 Main
Street, and stated she hoped action will now be taken regarding these properties. Councillor Pye
referred to the condition of properties at 226 l/2 and '228 Rockland Road:
Councillor A. Vincent voted "nay" to the above motion.
Councillor A. Vincent stated he would like to receive guidance from the City Solicitor regarding
requests made by Council for the Building Inspector to take action regarding properties in, the City, as
he believes under the 1925 Act the Building Inspector must be the one to take action.
On motion of Councillor Landers
..
- 1,
~
j
,.,
I~
.
I~
Seconded by Councillor Green
RESOLVED that the letter from Deputy Mayor Elliot advising that
when the Golden Mile property (Canada Wire & Cable Ltd. building) was purchased as the new home for the
transit garage it was stated that part of the property would be available for the Department of Works,"
be received and filed and the City Manager prepare a report for Council on: (a) the steps taken or being
taken to make the necessary renovations needed for such a change; and (b) plans for calling for proposals .
for the Catherwood Street property that will become available for development after the move takes
place:
AND FURTHER that the City Manager be requested to examine the ownership of the above property
which is to be occupied by both the City and the Transit Commission, in light of the legislation which
established the Commission.
Councillor Clark, Chairman of the Transit Commission, reported that it is expected that tenders
for demolition of a portion of the above building will be called in May 1980, with exact specifications
for the required renovations to be available in July, and construction hopefully to commence in September
with a completion date of perhaps June 1981. '
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Councillor Murphy on the need for
Council to establish a committee on senior citizen affairs, advising that it has been suggested that it
should be a small working committee consisting of three senior citizens and two Councillors to deal with
senior citizen problems, be referred to the City Manager and the Saint John Human Development Council
for a report on the feasilibility of suchca committee and how it could best be implemented.
Councillor Knibb voted "nay" to the above motion.
Councillor A. Vincent suggested that staff should make approaches to the Federal Government
for funding for' senior citizens housing. The Deputy Mayor stated he will discuss this suggestion with
the Mayor.
On motion of councillor Landers
Seconded by Councillor A. Vincent
N.B. Historical Soci ty RESOLVED that the letter from Dr. Alan J. Gordon, President
~ of The New Brunswick Historical Society, advising that he shares Council's disappointment about the
Canada Summer Games postponement of a decision on the location of the 1985 Canada Summer Games, and at the same time he
believes that the City can no longer hold in abeyance the comprehensive planning of its Bicentennial to
I
.1-
.
....
,...
....<. I'
""..,.,..,'--
, 275
..
Santa Claus
, Parade Comm.
1
I
Donald
\ Snodg rass
Animal Rescue
'0 League
.
I
Ne i I
.... McCutcheon
....pu I p &
hardwood
,
C.B.D.C.
re shopping
. centers
"- (motion lost)
I
N. E. Smi th
" Property
Services Ltd
landscaping
I city-owned
land
'Un i vers i ty Av
re-zoning
, NB Tel
cor. Mi II idge
& Daniel Ave
.
re-zoning
,Moose Mounta i
Farms Ltd.
Loch Lomond R
...
be celebrated in 1985 and he would urge, if Council'ha~ not already done so, that a small ad-hoc steering
committee be appointed to prepare a report on what might be done, basefr on a study of recent or forthcoming
centennial and bicentennial observances in Canada, as well as elsewhere if this should be deemed feasible, be
received and filed and Dr. Gordon be advised that the City has established a Bicentennial Committee, and that
his letter will be referred to the Commit~ee for study and consideration.
Consideration was given to the letter from Mr. A. P. Gregory, General Chairman of the City's Annual
Santa Claus Parade Committee, submitting a brief report on the 1979 parade held on November 17th last, and
strongly urging that the City of Saint John once again set a good example for the community by entering an
official float in future parades and further, that this float also be sent to Moncton and Fredericton Santa
Parades to re-establish the good will and liaison of past ,years.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the City Manager submit a report to Council on the cost of
having an official City float to be used annually in the Santa Claus Parade in Saint John and elsewhere.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the above letter be received and filed and the Santa Claus
Parade Committee be congratulated and thanked for their efforts.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent .
RESOLVED that the letter from Mr. Donald Snodgrass regarding an
incident involving the Animal Rescue League, be forwarded to the Animal Rescue League for a full explanation
to Counc i1.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the City Manager arrange to have the management of the
Animal Rescue League appear before Council in open session.
Councillor A. Vincent asked that the Council members be supplied with an audited report of the
Animal Rescue League for the last three years. Mr. Park agreed to have this information forwarded to the
Council members.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Neil McCutcheon requesting permission
to cut pulp and hardwood on City property, and advising that he is willing to pay stumpage fees and will
employ a number of men presently, on welfare, be referred to the City Manager for a report and recommendation.
Mr. MacKinnon advised that the City has not had any contracts for the cutting of pulp, except for
our own services, for probably over twenty years. He stated that his department is in the process of having a
consultant look at the entire forested area which the City owns, and make recommendations based on the amount
of woodland, the amount and types of available wood, and conclusions as a result of that study will probably
not be received for approximately six months.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the copy of a submission made by The Saint John Central
Business Development Corporation to the Minister of Municipal Affairs, be received and filed and Council go on
record as approving the contents of the brief by writing to the Minister of Municipal Affairs and asking for
his full co-operation in limiting the building of shopping centres on the peripheries of Saint John.
Following discussion, the motion was lost with the Deputy Mayor and Councillors Clark, Knibb,
Landers, A. Vincent and M. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the copy of a submission made by The Saint
Business Development Corporation to the Minister of Municipal Affairs, be received and filed and
be thanked for their courtesy in providing Council with a copy of the said submission.
John Central
the Corporation
.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from N. E. Smith Property Services Ltd. requesting
that permission be given to the proper department to carry out landscaping on City-owned land on the south
side of University Avenue, between Christophel' Court and Polaris Court, and that the responsible department
look at the open ditch in the same area, be referred to the City Manager for a report and action.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor M. Vincent
"
Seconded by Councillor Wayne
RESOLVED that the application from N. B. Tel for an amendment to the
Zoning By-Law regarding the jumper wire interface to be erected on the corner of Millidge and Daniel Avenues,
be referred to the Planning Advisory Committee for a report and recommendation, and that a teach-in be arranged
for Council regarding this project as soon as possible.
On motion of Councillor Wayne
Seconded by Councillor Green ,,'-, '--co',:"
RESOLVED that the application from Moose Mountain Farms Ltd. for re-
zoning of property on Loch Lomond Road at Hickey Road, be referred to the Planning Advisory Committee for a
report and recommendation and that authority be granted for the necessary advertising in this regard.
~ .--
~. ,;O'"~:-'.CJ_... _0:..
\ :...:"'.c,'::::::.:::'
. <~"
/
276
"
LEGAL
SESSION
\ Anne M. Byrne
\ Kenneth G. Tra i no
'Jacques Dal ibard
Her i tage Canada
Mott, Myles &
, Chatwin Ltd.
'Murphy Bldg.
........Seaments Mission
"Board of Health Bid
'D.R.E.E. projects
"-
Concrete Work, 1979
'Maritime Formless
Hazen Creek Sewage 2.
,
Treatment Plant
, Galbraith Const. Lt
,JlI
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that the above requested reports be submitted to
Council for consideration at the next Council meeting.
Councillor Knibb voted "nay" to the above motion.
Prior to the regular Council meeting, the Council met in Legal Session when discussion took
place with staff regarding a presentation to be made in Committeeo6f the Whole this date by Anne M.
Byrne, solicitor for the Estate of Kenneth G. Trainor.
On motion
The meeting adjourned.
.~
At a Common' Council, held at the City Hall, in the City of Saint John, on Monday, the tenth
day of March, A. D. 1980, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, Pye,.
A. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, S. Armstrong, Deputy Commissioner
of Engineering, S. Lodhi, Project Engineer, J. Gabriel, Deputy Commissioner
of Works, J. F. Ross, Chief of Police, M. Winch, Deputy Commissioner of
Community Planning, J. Johnson, Building Inspector, and H. B. Steeves,
Deputy Building Inspector
Reverend Thomas ~raham of Hope Lutheran Church offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on
March 3rd last, be confirmed.
The Mayor read a letter received this date from Mr. Jacques Dalibard, Executive Director of
Heritage Canada; advising that the Board of Directors has authorized the investment in a demonstration
project in the City's heritage preservation area of $150,000.00 for expenditure this year, with the
probability of investing an additional $100,000.00 for the following year.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED ,that as recommended by the City Manager, authority be
following invoices ~n connection with restoration of the following City-
granted for payment of the
owned buildings, namely:-
Matt, Myles & Chatwin Ltd.
$ 6,037.39
- Re Murphy building, Prince William Street
~- - Re Seamen's Mission building, Prince William
Street
- Re Board of Health building, Mecklenburg St.
$
$
526.05
803.98
(Councillor Knibb entered the meeting)
In response to a request from Councillor Landers, Mr. McDermott stated he would have infor-
mation available tomorrow on the expenditures to date on the above buildings, and what further amounts
the City will be billed in this regard.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following contract paYment certificates in connection with the following
named capital and Department of Regional Economic Expansion programme projects:-
1.
Concrete Work - 1979
Maritime Formless Ltd.
Concrete curb and sidewalk
Current budget allotment
Total work done, Estimate Number 9
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated February 23, 1980 Partial Release of Holdback
.
1
1
.
1
.
I
$ 357,655.48 I.
357,655.48
io,729.66
304,858.86
9,
$ 42,066.96
Hazen Creek Sewage Treatment Plant
Galbraith Construction Ltd.
Current budget allotment
Total work done, Estimate Number 12 (Final)
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated March 3, 1980 Final Release of Holdback
$ 277 , 031. 40
277 , 031. 40 .
Nil
268,720.46
12,
$ 8,3l0.94
.....
,....
'. :."""-.-
277
.
" Expropriation
,
1
John & Molly
Sea r I e
I
.
, Ches 1 ey P I ace
lease
1;lopt i on to
pu rchase"
I
The Rocca
,
Group
.
I
,Parking
meters
I
, Union Street}
, ;~ .,
.
Chesley Place
J ease
...
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that as recommended by the City Manager, the following
resolution be adopted, namely:-
"WHEREAS the City of Saint John, as Expropriating Authority, did on the 14th day of September, A.D.
1979 confirm its Notice of Intention to Expropriate a portion of lands,lying upon the southeastern corner of
MacDonald Street and Park Avenue in the City of Saint John owned, according to county registry records, by
John Henry Searle and Molly Joyce Searle as mortgagors and Central and Eastern Trust Company as mortgagee;
AND WHEREAS Central and Eastern Trust Company advised the City that the mortgage had been paid in
full prior to the expropriation and accordingly the company is not entitled to any compensation due to an
owner;
AND WHEREAS no agreement has been reached with John Henry Searle and Molly Joyce Searle concerning
compensation of lands expropriated;
AND WHEREAS Subsection 37(1) of the Expropriation Act requires that an offer of an amount in full
compensation for the interest expropriated, excepting compensation for business loss, be made to the owner and
also that a tender of an amount equal to 100% of the Expropriating Authority's estimate of the market value be
made to the owners;
AND WHEREAS an appraisal report has been prepared by the appraisal firm of deStecher, Miller & Law
Ltd., upon which report the required offer and tender is made:
NOW THEREFORE BE IT RESOLVED that the sum of three thousand, six hundred dollars ($3,600.00) be
offered to John Henry Searle and Molly Joyce Searle in full compensation for their interest in the lands
expropriated, and further that the said John Henry Searle and Molly Joyce Searle be tendered the sum of three
thousand, six hundred dollars ($3,600.00), plus an amount representing interest calculated at the rate of 6%
per annum from the 14th day of December, A.D. 1979 to the date of the tendering of the sum, as required by the
provisions of the Expropriation Act, R.S.N.B. 1973, Chapter E-14:
AND FURTHER BE IT RESOLVED that the sum so offered and tendered be accompanied by a copy of the said
appraisal report."
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the joint report 'from the City Manager and Mr. R. Thompson,
Chief of Rehabilitation Services, regarding the proposed "option to purchase" clause to be inserted in the
lease for Chesley Place, which was tabled at the last meeting for a review of the ,policy by the Co-Ordinating
Co~nittee, advising that the inclusion of this clause is not indicative of a change of policy on the part of
tqe Co-Ordinating Committee and has in fact been included in the lease for the Prince Edward Square development;
additionally, the City has, in accordance with the senior levels of Government, sold land to developers on
occasions where it was agreed that it was in the best interests of all parties concerned to enable the development
of the project chosen most beneficial t6,the City, and this has been the policy of the Co-Ordinating Committee
as expressed in the very first Call for Development Proposals for Courtenay Place in the East End, and was
included in all of the City's Call for Development Proposals for the urban renewal programs in both Courtenay
Place and the North End, and pointing out that preferential consideration was given to the developers leasing
the land, but the option 'to purchase was always available, should it be proven necessary to enable a successful
development -- be received and filed and Council approve an "option to purchase" clause as outlined in a
letter from the City Manager' and the Deputy Commissioner of Housing and Renewal Services, dated February 27th,
1980, to be inserted in the lease for Chesley Place, as requested by The Rocca Group and approved by the Co-
Ordinating Committee.
(Councillor A. Vincent entered the meeting)
Considerable discussion ensued with respect to the above matter, during which Deputy Mayor Elliot
suggested that the decision on whether such lands are to be sold or leased to the developer should be made
before the building is erected. Councillor Clark reiterated his concern expressed at the last Council meeting
that there is no provision for an escalation clause in the purchase price over the period of four years
provided in the agreement. Councillors Gould and Landers expressed their opinion that the proposal is not
necessarily in the best interests of the City. Councillor Wayne had suggested that Council should be informed
by the Commissioner of Finance if this financial arrangement is satisfactory to the City. During a detailed
explanation of the proposed option to purchase, Mr. Barfoot stated that in the calls for proposals, the
partnership would prefer to receive proposals which utilize the lease basis, however, it has always been
partnership policy that a purchase proposal might be acceptable, but the preference has always been given to
lease proposals, and the original proposal for Chesley Place was a lease proposal. He cited other developments
where partnership land has been sold and advised that the lease for Chesley Place expires in the year 2037.
Question being taken, the motion was carried with Councillors Clark, Gould, Landers, Pye and Wayne
voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding Council's
request for a report on the removal of three parking meters to accommodate a bus stop on the west side of
Sydney Street, between Union Street and South King Square, advising that as had been previously reported to
Council, this bus, stop was formerly on the north side of Union Street near Waterloo Street but had been
shifted from that location when changes were made because of construction at the Golden Ball building; further
advising that in December Council resolved to put the meters back in on the south side of Union Street next to
the Golden Ball building and the matter of the bus stop was referred to the Transit Commission for recon-
sideration, and the Commission considered the reQuest to move the stop from Sydney Street but decided to take
no action on the matter -- be received and filed.
Councillor Landers noted that his original question regarding the above matter was whether anyone
other than Council has authority to make an area a "no parking" zone, and he has been assured by the City
Manager that additional information will be forthcoming in this regard.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the additional letter from the City Manager regarding the
Chesley Place lease be added to the agenda and considered at this time.
27B
.,
City Manager
\ Chesley Place lease
,
The Rocca Group
'(motion lost)
Audit & banking
, .
servIces
"Finance Commi ttee
, tender awa rded
traffic paint &
'0 glass beads
marking of traffic
lanes
North/South
\. Arterial
consulting services
Stages I & 3
"Fenco Consultants
Ltd. '
\
eBeL Ltd
Question being taken, the motion was carried with Councillors Clark, Gould, Landers and Wayne
"nay".
voting
~ead a letter from the City Manager submitting a memorandum from the Legal Department which .
indicates a change which is being requested in the Chesley Place lease and advising that the Co-Ordinating
Committee has reviewed this matter and has approved such a change provided that the City's Legal
Department approve the change: The City Manager recommends approval of the' request to divide the lease
as set forth and that the Mayor and Common Clerk be authorized to execute the leases subject to the
approval of the final documents by the Legal Department as to legality and form. The memorandum from
the Legal Department states that the Rocca Group Limited has proposed dividing the lease for Chesley
Place into two separate documents - one lease pertaining to the hotel lands with Chesley Place Ltd. as
lessee, and the other lease for the remaining lands with the Rocca Group as lessee; the purpose of the
proposed division being to allow Rocca to arrange financing with two separate mortgage companies for I
the two separate projects. The memorandum also notes that the proposed leases contain an Option to
Purchase clause which is slightly different from that presently before Council as an amendment to the
1978 lease of the entire parcel and it is suggested therefore that the option set forth in the proposed
leases be deleted until details can be worked out.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table for one week
1
for study by the Council members.
Question being taken, the tabling motion was lost with the Mayor and Councillors Elliot,
Green, Knibb, Murphy, Pye and A. Vincent voting "nay".
'Councillor Wayne expressed her disagreement with the above item being added to the Council
agenda, which she was previously informed is against Council policy. The Mayor noted that there is
nothing in the letter from the City Manager to explain how the amounts referred to in the memorandum
from the Legal Department were arrived at. ~Councillor Clark noted that the said memorandum suggests
that the option set forth in the proposed leases be deleted, however, earlier in this meeting Council
approved the said option clause.
.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table for one
week.
Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and Commissioner of
Finance regarding the City's auditing and banking services, advising that this matter is under review by
the Finance Committee and the Committee expects to meet on March 20th to carry out its review of the
1979 Financial Statements and Auditors' Report thereon and will then be in a position to make recom-
mendations to Common Council regarding the calling of tenders annually for auditing and banking services,
be received and filed.
1
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that in accordance with the recommendation of the City
Manager, tenders be awarded for supplying traffic paint and glass beads as recommended in the submitted
bid summary.
Councillor A. Vincent suggested that staff report on the feasibility of using aluminum saucer-
like devices to mark traffic lanes, such as used in other areas. The'Mayor suggested that perhaps this
suggestion could be used on a trial basis in the' uptown area of the City.
.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager and Commissioner of
Engineering and Works, advising that proposals have been received from nine firms for engineering
consulting services for the design and ,construction supervision of sections of the North-South Arterial,
and have been reviewed in detail by staff; further advising that the overall project has been approved
by Council and discussions are being held with the Provincial Government with respect to funding of the
project under the Provincial Designated Highway Program, which project consists of four basic stages as
follows: Stage l - from Wall Street Interchange at Paradise Row to the intersection of Somerset and
Barker Streets, 1800 feet at an approximate cost of $700,000.00; Stage 2 - Somerset Street from Barker
Street to Taylor Avenue, 3800 feet at an approximate cost of $725,000.00; Stage 3 - new roadway from
intersection of Somerset Street and Taylor Avenue across the former Howes Lake landfill area to Sandy
Point Road, 6500 feet at an approximate cost of $750,000.00; and Stage 4 - Sandy Point Road from the end
of Stage 3 to Tucker Park Road, 1900 feet at an approximate cost of $100,000.00; further advising that
it is the City's intention to commence construction of Stages 1 and 3 and to have the arterial network
operational by the spring of 1982 and consequently, the Engineering and Works Department wishes to
engage engineering consultants ,for Stages 1 and 3, and to immediately prepare the necessary drawings and
specifications for a proposed tender call for construction commencing this fall; submitting the opinion
that Stages 1 and 3 should be started as soon as possible; and when finished, would provide the necessary
connections to make the arterial route functional and the upgrading of Stage 2 would have to follow at a
later date consistent with the demands of traffic flows that will develop, and Stage 4 is, already under
construction by the Engineering and Works Department, be received and filed and authority be granted for
engaging engineering consultants for Stages l and 3 as follows: (l) Stage l - Paradise Row to Somerset
Street - Fenco Consultants Ltd., and (2) Stage 3' - Somerset Street to Sandy Point Road - CBCL Limited:
I
I.
AND FURTHER that authority be granted for the Mayor and Common Clerk to exeucte, on behalf of
the City, the necessary standard engineering agreement with each of the above companies for the re-
spective projects. .
,,,~.
...4
r"
~,~"-,:';_'<.,,,<;'~~,:,._;>.::T.~ -'.!r'C" ;. "1'~
279
\
.
N.B.E.P.C.
Dock Street
Plant
, tender awarde
I
Maritime
, Scrap Ltd.
I
F. Gordon
, Ca rve 11
.
Spruce Lake
Water Line
Expropriation
\ awa rd
1
,Traffic By-Ia
amendment
Municipal
~
Plan By-Law
amendment
.
'Range Road
fire ha 11
I
'I' ~ Zon i ng By- Law
, amendment
'Somerset St.
, S & A Holding
Ltd.
re-zoning
. conditions
..
On motion of Councillor Knibb,
Seconded by
Councillor Murphy
RESOLVED that the report'from the City Manager regarding tenders for
Brunswick Electric Power Commission facility and substation structure off Union Street
added to the agenda and considered at this time.
demolition of the New
and Smythe Street, be
Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay".
,On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the contract for
demolition of the New Brunswick Electric Power Commission facility and substation structure off Union Street
and Smythe Street be awarded to Maritime Scrap Ltd. ,for the tender price of $28,500.00, with the condition
that the said company deposit with the Common Clerk a certified cheque in the amount of $50,000.00, and
further, that the contractor enter into 'an 'agreement with the City of Saint John before the actual salvage
operation or demolition is started.
Regarding a previous suggestion of Councillor A. Vincent that the City retain bricks from the
above building, Mr. MacKinnon advised that the low tenderer has agreed that material from the above de-
molition will be dumped in the Howe's Lake area, which material can be used as fill or the bricks salvaged.
Mr. McDermott reported that the possibility of obtaining a Canada Works grant for cleaning of the brick is
being pursued by staff. With respect to the $50,000.00 deposit to be provided by the successful tenderer,
Mr. MacKinnon reported that the deposit is asked for as staff was concerned that there be security for the
City if the salvage material was removed and the remainder of the building left in an unsatisfactory condition.
On motion of Councillor Murphy
Seconded by Councillor Elliot'
RESOLVED that the letter from the City Solicitor advising that the
City expropriated an easement from F. Gordon Carvell for a portion of the Spruce Lake Water Line on May
25th, 1971 and as no agreement could be 'reached between the parties, the matter was referred to the Land
COlnpensation Board and the Board, in a decision reached on February 6th, 1980, a copy of which is submitted,
awarded the owner of the property $24,500.00, together with interest at the rate of 5% per annum, to be
computed from May 27th, 1971 to date of payment, and recommending that Council authorize the necessary
payment in exchange for the appropriate Release document-- be received and filed and the recommendation
adopted.
(Councillors Landers and A. Vincent withdrew from the meeting)
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that third reading of the proposed amendment to the Traffic
By-Law be laid on the table for an additional week, pending a trial to be undertaken by staff of the suggestion
previously made by Councillor Green to permit left-hand turns from Carleton Street to Dorchester Street to
alleviate traffic congestion at peak hours caused by traffic leaving the parking garage.
Question being taken, the tabling motion was carried with the Mayor and Councillors Elliot and
Murphy voting "nay".
(Councillor Gould withdrew from the meeting and Councillor Landers re-entered)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property identified as L.R.I.S. Number 471011, occupied by the Simonds Local Service District
fire hall on the Range Road, from Agricultural uses to Major Institutional uses, be read a third time and
enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property identified as L.R.I.S. Number 471011, occupied
by the Simonds Local Service District fire hall on the Range Road, from "p" Park to "IL-2" Major Institutional
district, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the, Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Green'
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning a 1.09 acre parcel of land, being a portion of Snowflake
Lime Limited property, on the north side of Somerset Street east of Brunswick Ready Mix Limited and opposite
Norman W. Francis Limited, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial
district, be read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that in accordance,with Section 39 of the Community Planning Act, the re-zoning be on
the following conditions: (a) the use of the property shall be restricted to the sale and repair of fork-
lifts and related equipment'; and (b) prior to the issuance of a building permit the applicant shall receive
the approval of the Deputy Commissioner of Community Planning to a plan indicating buildings, parking,
landscaping and other appropriate site features.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
280
"
Zon i ng By-Law
\ amendment
'131 St. James St
,James & Pearl Brown
re-zoning
conditions
Zoning By-Law
" amendment
Section 114(a)
Street Closing
'\
By-Law
~orth Market Wharf
,
Nelson Street
'Robertson PI ace
'Smythe Street
'Union Street
,
Market Square
Committee of the
Who I e Repo rt
grant
'A.N.E. Horse Show
Recreation & Parks
Advisory Board
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John", by re-zoning property at 131 St. James Street from "RM-l"
Multiple Residential to "B-2" General Business district, be read a third time and enacted and the
Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning
be on the following conditions: (a) the use of the property shall be restricted to dwelling units,
and/or a convenience store and take-out restaurant with a maximum floor area of 800 square feet; and
(b) the store and take-out restaurant shall not'be opened for business after 11:00 p.m.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto~', by repealing Section l14(a), be read a third
time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
(Councillor Clark withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED,that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority
of Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following
highways and portions of highways:- '
North Market Wharf - All that certain lot, piece or parcel of land situate, lying and being in the City
of Saint John in the County of Saint John, and Province of New Brunswick, being that portion of North
Market Wharf commencing at its intersection with the western sideline of Dock Street and running in a
westerly direction approximately 672 feet measured along its centerline to its termination.
Nelson Street - All that certain lot, piece or parcel of land, situate, lying and being, in the City of
Saint John in the County of Saint John and Province of New Brunswick, being the entirety of Nelson
Street commencing at its" intersection with the northern sideline of North Market Wharf and running in a
northerly, northwesterly and westerly direction approximately 526 feet measured along its centreline to
its intersection with the eastern sideline of Smythe Street.
Robertson Place - All that certain lot, piece or parcel of land situate, lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, being the entirety of Robertson
Place commencing at its intersection with the western sideline of Nelson Street and running westerly
approximately 220 feet measured along its centreline to its, intersection, with the eastern sideline of
Smythe Street.
Smythe Street - All that certain lot, piece or parcel of land situate, lying and being in the City of
Saint John in the County of Saint John and Province of New Brunswick, being that portion of Smythe
Street commencing at its intersection with the northern sideline of North Market Wharf and running in a
northerly direction approximately 820 feet measured along its centreline to its intersection with the
southern sideline of the former North Street.
Union Street - All that certain lot, piece or parcel of land situate, lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, being that portion of Union
Street commencing at its intersection with the western sideline of Dock Street and running in a westerly
direction approximately 545 feet measured along its centreline to its termination at its intersection
with the eastern edge of Long Wharf Slip.
The above described lands being and intending to be all and every portion of the said North Market
Wharf, Nelson Street, Robertson Place, Smythe Street and Union Street 'located within the boundaries of
the area identified as, "Market Square" on a plan of property entitled "Market Square City of Saint
John, Saint John County, N. B." dated ' August 24, 1978, prepared by Murdoch-Lingley Limited and signed
by Carl A. Laubman, N.B.L.S.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend' the By-Law Respecting the Stopping Up and Closing of
Highways in The City of Saint John Made Under the Authority of Section 187 of, the Municipalities Act,
R.S.N.B. 1973" was read in its entirety prior to adoption of the above resolution.
Read 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 begs leave to report that it sat On March 3rd, 1980 when there were present
Deputy Mayor Elliot and Councillors Clark, Green, Knibb, Landers, Murphy, Pye, A. Vincent, M. Vincen~
and Wayne, and your Committee submits the following recommendations" namely:-
1. ,That a grant of $532.86 be approved'to cover the costs billed by the City regarding the 1979
A.N.E. Horse Show, and that a firm agreement be reached between the Recreation and Parks Advisory
Board and the organizers of the said Horse Show prior to the 1980 Horse Show.
.
1
I
.
1
.
I'
,-
'I~
.
..4
r"
,~81
.
"Curtain &
Drapery Shop
ltd.
draperies
" City Ha 11
~I
1
II
.,
A.N.E. Horse
Show
'land Comm;
I
,S.J. Assoc.
of the Deaf
'- lease
\
land Camm.
'- easement
'G randv i ew Av
sanitary
sewer
.
Provo of N.B.
'J . D. I rv i ng l
,C.Paul Mapple
beck
land Comm.
I
Lease
_Apex Machine
Works
320 Char lotte
St.
,
land Comm.
'lease
'I Apex Indus-
'trial Supply
'320 Charlotte
St.
'land Comm.
'lease
Richard
""-MacPherson
. 139 Bayside
Dr.
l...)
2. That as recommended by the City Manager,' the City accept the quotation from the Curtain and Drapery
Shop Ltd. for supplying draperies for City Hall, in the amount of $5,000.00 per floor, for a total cost of
$45,000.00.
Saint John, N. B.,
10th March, 1980.
Respectfully submitted,
(sgd.) G. Forbes Elliot,
Chairman.
(Councillors Gould and A. Vincent re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above report be received and filed and the recommenda~
tions contained therein be adopted.
The Mayor suggested that before the drapes are installed on all floors, that a few areas be tested
to determine the effectiveness of the drapes.
Moved in amendment by Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that section 2 of the above report be subject to the necessary
testing in the appropriate areas.
The Mayor suggested that the boardroom on the sixth floor should be used as a test area for the
said drapes.
(Councillor Clark re-entered the meeting)
Question being taken, the amendment to the motion was carried.
Councillor Gould stated he is in favour of an agreement being reached regarding the organizers of
the A.N.E. Horse Show prior to the 1980 Show, however, he is not in favour of the grant being made to cover
the costs billed by the City in 1979. He noted that the organizers were in fact notified prior to the 1979
Show that they would be charged for these services. He also noted that Council has not seen a financial
statement of the 1979 Show.
Question being taken, the motion was carried' with Councillor Gould voting "nay".
On motion of Councillor A. Vincent
See nded by Councillor Green
RESOLVED that as recommended by the Land Committee, the City of Saint
John renew the lease of the Saint John Association of the Deaf in the Old Provincial Building on Canterbury
Street for a ~urther period of one year, from March 1st, 1980, under the same terms and conditions that
presently exist.
Councillor Landers suggested that the City should examine the buildings in this area to determine
if it is economically sound to continue to rent these buildings in view of the costs of maintenance.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City of Saint
John acquire the 20-foot easements required for the Grandview Avenue sanitary sewer, plus the right to use 10
feet on both sides of the easement during the period of construction, 'as follows: (1) Province of New Bruns-
wic:k - approximately 20,000 square feet for the sum of $1,000.00; (2) J. D. Irving Ltd. - approximately 5,720
square feet for the sum of $1,000.00; and (3) Mr. C. Paul Mapplebeck - approximately 7,000 square feet for
the sum of $750.00 plus installation of a 35-foot pipeline from the new line towards his house with the pipe
d to be installed when the new line is put in - all as shown on the submitted sketch.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the City of Saint
John renew the lease of Apex Machine Works at 320 Charlotte Street, for a further period of one year, from
June 1st, 1980 to May 31st, 1981, at a rental of $885.00 per month to December 31st, 1980 and $940.00 per
month to May 31st, 1981, with the City to provide heat, electricity and clea~ing common areas.
Mr. Barfoot advised that the original rentals for the building at 320 Charlotte Street were based
on services provided to all tenants, and such rentals have been re-calculated in view of the City's increased
costs for such services.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City of Saint
John renew the lease of Apex Industrial Supply at 320 Charlotte Street, for a further period of one year,
from June lst, 1980 to May 3lst, 1981 at a rental of $975.00 per month with the tenant to be responsible for
watcrffian service on furnace and sprinkler system and the City to provide heat, electricity and cleaning
corrnnon areas.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, the City of Saint
John lease to Mr. Richard MacPherson approximately 270 square feet of space in the former Parish Hall at 139
Bayside Drive for the period May 1st, 1980 to December 31st, 1982, for a drivel' training school, at a rental
of $140.00 per month, payable in advance, such lease to include a renewal option for two years at a negotiated
reEt and also to. include an escalation clause to cover any increases in expenses over the 1978 level, with
the City to provide heat, electricity, and cleaning of hall and washrooms, and the tenant to be responsible
for maintenance of the space, replacement of worn-out bulbs, cleaning windows and for finishing the wall to
be erected between this space and that presently occupied by Security Mutual Casualty Company.
eS2
.,
\Land Committee
177-179 Canterbury
St
Wawanesa Mutual
"Insurance Co.
property acqulsitio
,
Land Comm i ttee
,Bui Iding Services
Ltd.
'Market Committee
'Lease
, Li na Reyno 1 ds
"David & Valerie
Sewell
C. OJ.,\ ~d;.cL mAR. '" /80)
T'~'i ;}oM
'Market Comml ttee
, Wi 1 bert McKee
'garbage collection
\ C; ty Market
" Lord Beaverbrook
Rink
'\. Parking
" Ches ley Place
'0 cobb 1 es tones
,
Counc. Mu rphy
bus routes
"Martinon
Spruce Lake
- Lo rnev I lIe
'S.J. Transit Comm.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City of
Saint John accept the donation of the property situate at 177-179 Canterbury Street from Wawanesa
Mutual Insurance Company, free and clear of all encumbrances with the exception of approximately
$320.32 owing in water and sewerage rates as of the end of 1977.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that, the letter from the Land Committee regarding
renewal of the lease of Building Services Ltd. in property at 320 Charlotte Street, be withdrawn from
the agenda.
On motion of Councillor Pye
Seconded by Councillor Wayne
RESOLVED that as recommended by the Market Committee, permission
be granted for transfer of the lease of Mrs. Lina Reynolds in the City Market, comprising Stalls C-l,
Counter B-2 and surrounding area, containing 412 square feet at, $3.50 pel' square foot; 300 square feet
of office space at $3.00 per square foot; and four centre aisle benches at $12.00 per bench, to David
and Valerie Sewell for the sale of farm produce.
Councillor Landers suggested that in view of the study to be undertaken of the City Market,
he would suggest that no further leases be granted in the Market, other than for farm produce.
,'..,
On motion of Councillor Pye
"
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Market Committee, the
request of Mr. Wilbert McKee, the City Market's garbage collector, for an increase of $2.00 per garbage
truck load, be granted.
In reply to a query 'of Deputy Mayor Elliot, Councillor pYe, Chairman of the Market Committee,
advised that due to the low price and efficiency of the present collector, the Committee does not call
for tenders for the removal of garbage from the Market building. Councillor Landers asked for infor-
mation regarding the cost per truckload and the number of truckloads, and he expressed the opinion that
this service should be put to pUblic tender. Councillor Pye replied that the ~ost is $14.00 per
truckload.
Question being taken, the motion was carried with Councillors Elliot and Landers voting
"nay".
Read a report submitted by Deputy Mayor Elliot regarding parking arrangements at the Lord
Beaverbrook Rink, in response to a query raised at the last Council meeting, advising that the Management
Committee of the Lord Beaverbrook Rink was involved' in the project of landscaping and paving of the
parking lot at the Rink in order to provide oversight of the lot's use and the committee at an early
date contacted the developers of Chesley Place in order to establish policy, governing the lot's use.
The report advises that the developers co-operated with the Management Committee on several matters
including the development of policies'affecting the Lord Beaverbrook Rink parking lot and arrangements
reached, in connection with the parking lot include: (1) the use during the day of the Lord Beaverbrook
Rink parking lot by the general public including those who ,work in Chesley Place; (2) a first claim to
the use of the Lord Beaverbrink Rink parking lot during the evening by ,the Lord Beaverbrook Rink users;
(3) the sharing of parking spaces on the Lord Beaverbrook Rink parking lot and Chesley Place parking l
lot to meet peak demands (under this arrangement Lord Beaverbrook Rink users will have access to
Chesley Place parking and 'vice versa); 'and (4) an 'agreement whereby the management of Chesley Place and
the Lord Beaverbrook Rink keep one another informed so as to avoid the scheduling of two major events
with high parking demands at the same time.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the above report be received and filed.
Councillor A. Vincent suggested that Council should be informed when such reciprocal agreements
are made with private developers.
(Councillor Gould withdrew from 'the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the City Manager look into obtaining cobblestones
that are available in the City of Saint John and stockpiling them for use in our heritage preservation
area:
AND FURTHER that the letter from Councillor Wayne in this regard advising of an article in
th~ Kings County Record regarding a resident of Kings County who had built his home with cobblestones
he had collected from the City of Saint John, be received and filed.
J
Mr. MacKinnon advised that following Council discussion approximately two years ago, orders
were given that the cobblestones be retained.
On,~otion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Councillor Murphy regarding the
extension of transit services in the Martinon, Spruce Lake and Lorneville areas, be referred to the
Saint John Transit Commission for a report on where the situation stands and whether. the new buses to
be purchased will be used for this purpose.
Councillor Clark, Chairman of the Transit Commission; stated that the Commission does not
have the required buses to provide the extension of service in these areas, and that these requests
should be forwarded directly to the Commission.
.
I',
"
I;
.
I.
.
I
I'
(
.
~
"...
'__'. .".c''''~'''''''. ".
2'83
.
, pe tit i on
residents of
\ Stevens &
I Woodland Rd
school bus
stop
sidewalk
crosswalk &
flashing I igh
I ,Canada Safety
Counci 1
,-School Bus
Safety Week
,grant request
Kennebecasis
. 'Row i ng Club
,
grant request
'Men's City &
District Dart
League
I
Mrs. Y.
, 6e 11 i veau
Pt. Lepreau
, G .
eneratlng
Stn.
'Shirley Cook
.. mobile home
'Jack D. Levi n
.
I
'Counci I meet i g
time changed
I
'-- City Sol iciti r
Court of
Queen's Bene
'Niagara Realt
. demo lit ion
costs
...
, C,',l::'DC" (Councillor Landers withdrew from the meeting)
Councillor A. Vincent suggested that Council members be supplied with a map showing the improvement
in transit services since this service was taken over by the City.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the request from residents ,of Stevens and Woodland
Roads, Martinon, for re-location of the school bus stop in this area, be forwarded to the Board of School
Trustees, District Number 20, for their consideration.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from residents of Stevens and Woodland Roads,
Martinon, regarding the lack of a sidewalk, crosswalk and flashing light 'in this area, be referred to the
City Manager for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the correspondence from the Canada Safety Council regarding
the annual School Bus Safety Week Campaign to be held from September 24th to 30th, 1980, be referred to the
City Manager and traffic department for study and appropriate input and dialogue with the Board of School
Trustees.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that the request of the Kennebecasis Rowing Club Inc. for
financial assistance regarding their participation in an international regatta to be held in Newcastle,
England on May 31st and June 1st, 1980, be referred to the grants committee.
(Councillor Landers re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Gr~en
RESOLVED that, the request from the Men's City and District Dart League
for financial assistance regarding participation in the Canadian National Dart Shoot to be held in Winnipeg,
Manitoba on June 15th to 22nd, inclusive, be referred to the grants committee.
On motion of Councillor Murphy
Seconded by
Councillor Landers,
RESOLVED that the letter
with respect to the Point'Lepreau project,
from Mrs. Y; Belliveau regarding a recent
be received and filed.
resolution of Council
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that the request of
temporary permit r'egarding location of a mobile home on property
Planning Advisory Committee for a report and recommendation.
Mrs. Shirley Cook for extension of the
on Grandview Avenue, be referred to the
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from ,Mi. Jack D. Levine requesting permission
for the addition of a basement apartment in his property at III Manners Sutton Road, be referred to the
Planning Advisory Committee.
(Councillor Gould re-entered the meeting)
Councillor A. Vincent noted that the next Council meeting is scheduled for March 17th which is St.
Patrick's Day, at 7 p.m., and he asked if consideration could be given to changing the time of the Council
meeting to 4 p.m. that date in view of a dinner to be held that evening. It was noted .that a public hearing
on a requested re-zoning is scheduled for March 17th, and that several notices have been given to owners to
appear on that "date regarding the condition of several buildings in the City.
On motion of Councillor A. Vincent
held at 4
Seconded by Councillor Murphy
RESOLVED that the Council meeting scheduled for March 17th, 1980 be
o'clock p.m., 'if legally possible.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that this meeting continue, in legal session.
On motion of Councillor A. Vincent
Seconded by Councillor Landers ,
RESOLVED that the letter from the City Solicitor advising that the
City has commenced four actions in the Court of Queen's Bench against Niagara Realty to recover the cost of
demolishing four buildings pursuant to the 1925 Saint John Building Act, the said company being the first
mortgagee on each of these four properties; further advising that the City has incurred costs of $7,900.00 in
demolishing these properties and the solicitors for Niagara Realty have made an offer to settle the four
matters for the total amount of $6,000.00, inclusive of legal costs; and recommending that the offer to
settle made on behalf of Niagara Realty of Canada Limited be rejected and that the City proceed to trial
284
"
I
, Ag reemen t
Sewage Treatment
Project Agreement
,Lancaster Lagoon
,Lift Stn.
'Champlain Lakewood
Collector
'Western Residential
Co 1 J ector
'Western Industrial
Collector.
,Western Coli ector
Lift Stn.
,Fire Police & Salva
,Co CDS
'-Wa r ran ts
'Keith Comeau
'M i chae 1 Adams
, Edwa rd G ron dine
, Demo 1 i t i on
tender awarded
,Paul's Trucking &
Demol ition Co. Ltd.
'84 Britain Street
, Parking
'Crown Street
with the actions -- be received and filed and the recommendation adopted. '
On motion
.
The meeting adjourned.
~
' ,., ,.._, cCo on Clerk
Ata Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventeenth 1
day of March, A. D. 1980, at 4.00 o'clock p.m.
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and Wayne'
- and -
1
Messrs. A,G. McDermott,' City Manager,R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, S. Armstrong, Deputy Commissioner
of Engineering, J. Griffin, Traffic' Engineer, M. Wi;'ch, Deputy Commis-
sioner of Community Planning, J. F. Ross", Chief of Police, D. French,
Director of Personnel, J. Johnson, Building Inspector, H. B. Steeves,
Deputy Building Inspector, R. Thompson, Chief of Rehabilitation Services,
and G. Soucy, Labour Relations Officer
Reverend D. A. Dryer of Germain Street Baptist Church offered a prayer which opened the meeting. .
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that minutes of the meeting of Common Council, held on
March 10th last, be confirmed.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the letter from the City Manager regarding the
Sewage Treatment Project Agreement with the Province be added to the agenda and considered at this time.
,I
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from the, City Manager advising that the
Province provides assistance to municipalities for the construction of'sewage treatment projects in the
form of an annual grant equal to the first year's simple interest on the eligibie total cost less any
Federal grants when the loans are financed over a fifteen-year period, and the submitted Agreement has
been prepared as a result of lengthy discussions between C.M.H.C., the Province and the CitY,and covers
the grant payable to the City by the Province, which amounts to $262,409.36 per year, for the following
sewage treatment projects: Lancaster Lagoon Lift Station, Champlain Lakewood Collector, Western Residen~:~:,
tial Collector, Western Industrial Collector and Western Collector Lift Station, be received and filed
and authority be granted for the Mayor and Common Clerk to execute, the said Agreement on behalf of the .
City. ,
(Councillor Knibb entered the meeting)
"nay".
Question being taken, the motion was carried with Councillors Elliot and A. Vincent voting
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager and Fire Chief,
requesting that Council take the following actions: that a warrant be issued to Mr. Keith Comeau, 110
Mecklenburg Street, a newly-elected member of No.1 Company Salvage Corps & Fire Police; and that the
warrants of Mr. Michael Adams, 28 McKenna Crescent, and Mr. Edward Grondine, 157 Bayside Drive, be
cancelled be received and filed and the reQuests acceded to.
I
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of
Paul'S Trucking & Demolition Company Ltd., in,the amount of $2,2~0.00, be accepted for demolition of the
City-owned property located at 84 Britain Street, being the lowest bid 'received.
I
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, advising that at present, vehicles parked on the west
side of Crown Street between Leinsterand Queen Streets, force southbound moving vehicles over the yellow
centre line and due to the hazard this situation causes to moving traffic and because, of the proposed .
increase in speed limit from 50 to 60 km/h it is recommended that parking be prohibited on both sides of
Crown Street for its entire length; further advising that there is sufficient off-street parking or
parking available on adjacent streets; and recommending that the submitted amendments to the..Traffic By-
Law be referred to the Legal Department for appropriate action -- be received and filed and the recommen- I
dation adopted.
I
,
j
,...
285
.
\ Crown Street
off-street
parking
'Traff i c
By-law
amendment
I
~ (mot ion lost)
I
\. Traffic By-la
amendment
speed I imi ts
.
, Rothesay Ave.
I
Eastern
Arterial
\ Deferred
Widening By-
Law
Eastern
,Arter i a I
Con t ro 11 ed
Access By-law
.
I
1
Deferred
\ Widening By-
Law
,Eastern Arter-
ia I
. Controlled
\ Access Street
By-Law
"Eastern Arter-
ia I
.....
In reply to a query of Councillor Wayne, Mr. Griffin advised that it is felt there would be sufficient
off-street parking in several of the rear yards in this area, as well as several side streets off Crown
Street which could accommodate some of the parking requirements.
On motion of Councillor MacCallum
Seconded by Councillor A. Vincent
RESOLVED that the proposed amendments to the Traffic By-Law
referred to in the above letter be laid on the table and that the proposed changes be publicly advertised.
Question being taken, the tabling motion was lost with the Mayor and Councillors, Clark, Elliot,
Gould, Knibb, Landers, Pye and M. Vincent voting "nay".
Question being taken, the motion was carried with Councillors MacCallum, Pye, A. Vincent and Wayne
voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the joint letter from the ,City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, advising that on February 4th, 1980 Council approved in principle
a revision to Schedule M of the Traffic By-Law to permit staff to review speed limits on streets and to
designate limits of 60 km/h and 70 km/h as'warranted, which review has been completed; and recommending that
the submitted amendments to the Traffic By-Law be referred to the Legal Department for appropriate action --
be received and filed and the recommendation adopted.
Deputy Mayor Elliot noted that Council previously approved a recommendation that there be adequate
advertising and posting of signs when changes in speed limits, etc. are made, and he hoped that resolution
will be adhered to in this instance. In reply to a query of Councillor M. Vincent regarding the speed limits
on Provincial highways, as referred to the above letter, Mr. MacKinnon reported that the changes are only for
City streets, and not for Provincial highways, and this section only refers to the present limits on Provincial
highways within the City. Regarding the signing on Provincial highways, Mr. MacKinnon advised that the City
does the signing for the Province on designated highways at the request of the Province. Councillor M.
Vincent suggested that the City should obtain an up~dated speed limitation from the Province to concur with
the present signing on Provincial highways within the City.
(Councillor Green entered the meeting).
In reply to a query of Councillor A. Vincent, Mr. MacKinnon stated that the City has not taken over
responsibility for Rothesay Avenue and upgrading of this street has been put forward as part of the Provincial
programme for upgrading of designated highways, although in the last 'three years such funds have been expended
on Loch Lomond Road.
Read a letter from the City Manager with regard to recommendations adopted by Council on August
27th, 1979 which included among other things the approval of changes in the Municipal Plan to be followed by
the approval of a Deferred Widening By-Law and a Controlled Access Street By-Law, advising that staff has now
prepared the required mapping for the Eastern Arterial Deferred Widening By-Law and the Eastern Arterial
Controlled Access Street By-Law, which maps show in detail all buildings and lands which are in the proposed
alignment of the Eastern Arterial, and also show the boundaries of the proposed arterial street and the
building lines along it. The letter notes that the Eastern Arterial is being terminated at Hillcrest Drive
for the present - Transport Canada has yet to decide its final location for a new access road to a future
relocated Airport Terminal building, and when that information is available the Eastern Arterial will be
extended by an amendment to the By-Law to complement the new Airport access road location and any other then
apparent service needs to the east. The City Manager recommends that first reading be given to both the
Deferred Widening and Controlled Access Street By-Laws for the Eastern Arterial as submitted, and that these
by-laws be referred to the Legal'Department for drafting and to the Planning Advisory Committee for their
recommendation.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above letter from the City Manager, recommending that
first reading be given to both the Deferred Widening and Controlled Access Street By-Laws for the Eastern
Arterial, and that these by-laws be referred to the Legal Department for drafting and to the Planning Advisory
Con~ittee for their recommendation -- be received and filed and the recommendation adopted.
Regarding the effect of the above by-laws on property owners in these areas, Mr. Zides advised that
once the proposed street is included in the Municipal Plan, the only way a property ownercr can obtain
alleviation from prohfubition of building contrary to the Plan, is by a change in the Plan itself; when the
Deferred Widening By-Law is enacted, the individual can then apply to Council for a building permit for
repairs or new construction, provided an agreement is worked out between the two parties regarding the long-
range acquisition of land. If a property owner approaches Council to purchase his land, then Council has to
acquire the land within a six~month period, and if not, the by-law is null and void in relation to that
particular piece of land.
Question being taken, the motion was carried with Councillor Knibb voting "nay". Deputy Mayor
Elliot did not vote on the said motion due to a possible conflict of interest.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the Deferred Widening By-Law for the Eastern Arterial be
read a first time.
Question being taken, the motion was carried with Councillor Knibb voting "nay". Deputy Mayor
Elliot did not vote on the said motion due to a possible conflict of interest.
Read a first time the Deferred Widening By-Law for the Eastern Arterial.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the Controlled Access Street By-Law for the Eastern
Arterial be read a first time.
286
"
Marsh Creek Flood
Damage Reduction
Agreement Expropri
at i on
,Chesley Place lease
,The Rocca Group
"opt ion to purchasel
John Rocca
\
D. Hatfield, ltd.
\ Mu rdoch-lj ng 1 ey Ltd
'National Harbours B
'Gosson Sanitation
Services
"ga rbage co 11 ec t ion
Question being taken, the motion was carried with Councillor Knibb voting "nay". Deputy Mayor
Elliot did not vote On the said motion due to a possible conflict of interest.
Read a first time the Controlled Access Street By-Law for the Eastern Arterial.
.
The Mayor stated that the City Manager is withdrawing his letter regarding the Marsh Creek
Flood Damage Reduction Agreement Expropriation. It was noted that the letter is being withdrawn from
the agenda pending approval of the Flood Risk Area By-Law by, the Provincial Minister of Municipal
Affairs, and filing of the said by~law in the Registry Office.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager with regard
to the request of the Rocca Group for cancellation of the existing lease on Chesley Place and replace-
ment of same by two separate leases, which matter was tabled at the last Council meeting so that the
matter could be given further study; advising that since that meeting a minor concern in the proposed
leases has been rectified with respect to the "Option to Purchase" clause and that the leases have been
approved by the Legal Department as to legality and form and the Co-Ordinating Committee has approved
the change on the basis that the proposed new leases leave the City in the same position as 'with the
existing lease; and recommending that Council approve of the request of The Rocca Group Limited with
respect to the Chesley Place lands -- be received and filed and the recommendation adopted, and that
the Mayor and Common Clerk be authorized to execute the leases on behalf of the City.
I
1
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. John Rocca, President of
The Rocca Group Limited, explaining in detail the above requested change in the lease for Chesley
Place, be received and filed.
On motion of Councillor.. Murphy
.
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, authority
be granted for payment of the following invoice, namely:-
D. Hatfield, Ltd. - Works Dept. - equipment rental February 16-29, 1980 $ 6,198.06
On motion of Councillor Mur~hy
Seconded by Councillor M. vincent
RESOLVED that as recommended by the City Manager and Deputy
Commissioner of Housing and Renewal Services, authority be granted for payment of the invoice of
Murdoch-Lingley Limited in the total amount of $1,210.19 for surveying services in connection with the
land transfer between the City of Saint John and the National Harbours Board, representing the City's
share of the total account of $2,420.38, the National Harbours Board having agreed to pay one-half of
the costs of surveying works, the approval of the Partnership for'pajment of this account having been
received.
I
Consideration was given to a joint letter from the City, Manager, Commissioner of Engineering
and Works, and Deputy Commissioner of Works, regarding solid waste collection in the former outer tax
zones, recommending that the bid of $24.00 per unit per year from Gosson Sanitation Services for the
collection of solid waste in the former outer tax~ones 1, 2, 3, 4 and 5, for the period from March
30th, 1980 to December 31st, 1984, inclusive, be accepted, and that the Mayor and Common Clerk be
authorized to execute a contract as, drafted by the Legal Department. It was noted that the said letter
had been tabled at Council's meeting of March 3rd last pending a teach~in and that such teach-in has
not been held.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the Commissioner of Engineering and Works be heard
at this time regarding the above matter.
.
Question being taken, the motion was carried with Councillors Landers, M. Vincent and Wayne
voting "nay".
During discussion of the above recommendation, Mr. MacKinnon stated that the present collectors
in these areas are doing an acceptable job;,that tenders were called at the request of Council; insofar
as the cost is concerned, the cost bid by the lowest tenderer will result in less cost to the City; Mr.
Gosson intends to purchase a new 30-yard packer truck and operate on a five-day basis, and as noted in
the letter, staff is satisfied that Mr. Gosson can provide the services as bid, if he is unable to
provide the service, then presumably he would lose the contract; Mr. Gosson was previously one of the
collectors providing a service in one of the outer zones; the draft "conditions which staff recommend
form part of the contract with the successful bidder indicate that service shall begin on March 30th,
1980, however, in view of the matter having been submitted to Council on March 3rd, 1980 he would
assume this date should be extended one additional month; staff attempted to assess the bids just on
the tendered information; it is felt there is sufficient protection for the City in the, proposed
condition that in the event that it becomes necessary for the City staff to collect solid waste in
areas contracted out, all costs so incurred shall be charged to the contractor.
I
I
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, the bid of $24.00 per unit per year from
Gosson Sanitation Services for the collection of solid waste in the former outer tax zones 1, 2, 3, 4
and 5, for the period from March 30th, 1980 to December 31st, 1984, inclusive, be accepted, and that
the Mayor and Common Clerk be authorized to execute a contract as drafted by the Legal Department.
"nay".
Question being taken, the motion was carried with Councillors Green and A. Vincent voting
.
(Councillor Landers withdrew from the meeting)
....
JI""
287
, ga rbage
. co II ec t i on
Gosson Sanita
\ tion Service
, 4"Mi I ford Rd.
1
Wi II iam
" McGrath
Loch Lomond
\ Bus Li nes
1
Traffic
\ By- Law
amendment
.
'Hazen St ree
1
Paesane II a
" R i sorante
N.B. Ltd.
.
re-zoning
Lat imer
" La ke Mob i I
Home Pa rk
I
Land Comm.
Lease
Bui Iding
\. Services Ltd
320 Charlotte
St.
Land Comm.
, Easemen t
I
Stanley &
Beatrice
"Bustin
56 Canterbury
St.
La nd Comm.
" Exp rop ria t ion
'Haldor (1972)
Ltd.
.' Kane I sCorner
traffic lines
ll....
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the date for commencement of the contract with Gosson
Sanitation Services for the collection of solid waste in the former outer tax zones 1, 2, 3, 4 and 5 be
extended for a period of three weeks.
The Mayor advised that the letter from the Building Inspector regarding debris located on property
at 4 Milford Road, is being withdrawn from the agenda. Mr. Rodgers advised that this matter should be
proceeded with under the City's Unsightly Premises By-Law rather than under the 1925 Building Act.
On motion of Councillor MUl'~hy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Solicitor with regard to
the recent appearance before Council of Mr. William McGrath with respect to the cancellation of his bus line
in East Saint John, advising that he has examined the correspondence and various laws relating to this matter
and it is his opinion the City is under no obligation to compensate Mr. McGrath for any loss of business,
however, the Transit Commission is free to compensate Mr. McGrath for any assets in his possession and are
needed by the Commission, be referred to the Transit Commission for a report to Council, and that a copy of
the said letter be forwarded to Mr. McGrath.
(Councillor Landers re-entered the meeting)
Question being taken, the motion was carried with Councillors Landers and Pye voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
Traffic On Streets In The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed thereto.
Mr. MacKinnon reported on the results of a trial undertaken of traffic on Dorchester Street, and
staff have concluded that there should not be two-way traffic on this street, as suggested previously by
Councillor Green.
The by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets In The City of Saint
John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety
prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee with
regard to the request from Paesanella Risorante N.B. Ltd. for permission to erect a sign on the corner of
Rothesay Avenue and Northumberland Avenue, advising that the Committee and Planning staff will make every
effort to assist the applicant in having a sign which is more visible and in accordance with zoning and other
regulations, but is unable to support the request to use a portion of a public road allowance for this
purpose for the reasons as outlined in the submitted staff report, and recommending that the proposal to
erect a sign in the public road,allowance not be approved -- be received and filed and the recommendation
adopted.
Councillor Green voted "nay" to the above motion.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee,
authority be granted for the necessary advertising for re-zoning of the front portion of the Latimer Lake
Mobile Home Park on the north side of Latimer Lake Road, from "RS-lM" One- and Two-Family and Mobile Homes
Suburban Residential to "MH" Mobile Home classification.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be
granted for the renewal of the lease of Building Services Ltd. of space at 320 Charlotte Street for a term of
one yeaI' from June 1st, 1980 under the same terms and conditions which presently exist, with the exception
that the City is to clean only the common halls and washrooms and that a clause be inserted in the lease
permitting a cancellation of the lease on three months' notice.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the City of Saint
John grant an easement to Stanley and Beatrice Bustin for the life of their building, since it encroaches on
the right-of-way of 56 Canterbury Street by .25 feet on the northern portion and by .3 feet on the southern
portion.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority be granted
for the commencement of expropriation procedures immediately to acquire the 2,244 square feet of land owned
by Haldor (1972) Ltd. which is required for the widening of Thorne Avenue, and that authority be granted for
the Mayor and Common Clerk to execute, on behalf of the City, all documentation required in the expropriation
proceedings.
Councillor M. Vincent referred to the traffic lines at the Kane's Corner intersection, and stated
that although he realizes staff has painted these lines on several occasions, he hopes that permanent lines
will be put down at this intersection as soon as possible.
I
288
"""'IIIIl
,_ Market Committee
Lease
, Li na Reyno J ds
David & Valerie
"' Sewe I I
, Counc. Mu rphy
Church Avenue
, Overpass
demo 1 it i on of
city-owned propert
,(motion lost)
re-zoning
'MacKnight Motors
Ashburn Lake Rd
Plan. Advis. Comm.
re-zoning condition
On motion of Councillor Pye
Seconded by Councillor Knibb
RESOLVED that as recommended by the Market Committee, Common .
Council resolution of March 10th, 1980 which authorized the transfer of the lease of Mrs. Lina Reynolds,
a tenant in the City Market, to David and Valerie Sewell, be rescinded:
AND FURTHER that permission be granted for transfer of the lease of Mrs. Lina Reynolds in the
City Market, to David and Valerie Sewell, the said lease comprising Stall C-l, Counter B-12 and surround-
ing area and involves 414 square feet at ,a rental of $3.50 per square foot.
Read a letter from Councillor Murphy regarding the Church Avenue Overpass, advising that at
the next meeting of Council he shall move (1) that property acquired by the City for the Church Avenue
Overpass be demolished as SOon as possible after the City owns it; (2) that tenders be called for the I
construction of the Overpass so that the actual costs can be obtained; and (3) that the City expropri-
ate any lands and buildings still required for the Overpass.
Discussion ensued with respect to the above project, the matter of expropriation for the said
project, and the desire that the City be in possession of all required properties before the project is
put out to public tender. Councillor A. Vincent, Chairman of the Land Committee, noted that expropri-
riation proceedings cannot be commenced until a tentative plan of the proposed roadway has been completed.
On motion of Councillor Murphy
1
Seconded by Councillor Wayne
RESOLVED that properties acquired by the City for the Church
Avenue Overpass be disposed of or demolished as soon as possible following acquisition by the City.
Councillor Knibb voted "nay" to the above motion.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the City Solicitor be requested to prepare the .
propel' resolution for consideration by Common Council regarding expropriation of properties required
for the Church Avenue Overpass, and that the required plan be prepared by staff.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that tenders be called for the construction of the
Church Avenue Overpass so that the actual costs can be obtained.
Question being taken, the motion was lost with Councillors Clark, Elliot, Gould, Knibb,
MacCallum, A. Vincent and M. Vincent votint% "nay".
Following a recess, the Council meeting resumed at 7 o'clock p.m., when there were present
Deputy Mayor Elliot and Councillors Clark, Gould, Green, Knibb, Landers, Pye and Wayne.
I
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of about 14 acres of the MacKnight Motors property on Ashburn Road by: (a) amending Schedule
2-A, ,the Future Land Use Plan of the Municipal Development Plan to designate the land as Heavy Industrial
instead of its current Low Density Residential designation, and (b) re-zoning the said land from "RF"
Rural to "1-2" HeaVy Industrial, subject to terms and conditions to be imposed by Council under Section
39 of the Community Planning Act, to permit an automobile used parts and salvage operation and the
erection of a 26-foot square prefabricated steel building to house associated work equipment and a work
truck. He further advised that a letter has been received from residents of Jones Drive in opposition
to the proposed re-zoning, and that a letter has been received from Mr. Rodney J. Gillis, solicitor for
MacKnight Motors Ltd. which advised that in 1971 MacKnight Motors purchased a property, approximately
90 acres in size in the Ashburn Lake Road area, and at such time the zoning was agricultural, the
throughway was not constructed, nor indeed the land acquired for the construction of the throughway.
The letter from Mr. Gillis noted that his client proceed to utilize the land, unfortunately without .
realizing the necessity of re-zoning the same and in 1976 his client purchased a Butler type building
to be erected upon its land so as to expedite the recovery of parts from vehicles, and to allow the
shells to be crushed; his client applied for a building permit and was refused because the land was not
zoned industrial. The letter advises that his client has determined that it can comply with the
conditions as set out in the Planning Advisory Committee's recommendation, and as a result of a meeting
held with a member of the Planning Advisory Committee, the residents of Jones Drive and Mr. Alden
MacKnight, the residents expressed concern that some of the terms suggested by the Committee were not
satisfactory, and his client agreed to what he suggests were much more onerous terms.
Consideration was also given to a letter from the Planning Advisory Committee, dated March 1
12th, 1980, recommending (1) that Common Council not amend the Municipal Development Plan nor re-zone a .
portion of the MacKnight Motors Ltd. property situated on Ashburn Road and (2) that in the event Common .
Council approves the application, such approval should be restricted to the westerly half of the
MacKnight Motors Ltd. property from Ashburn Road to a depth of about 2,000 feet subject to the owner
and the City entering into an agreement pursuant to Section 39 of the Community Planning Act, providing
for the following: (1) that the cars and parts between Ashburn Road and the existing trailers be
removed within 22 months from the time the new storage area (clay pit) has been rehabilitated by the
City; (2) that no structure be located closer to Ashburn Road than the presently existing trailers; (3)
that an area for future buildings be set aside northeast of the existing trailers and the proposed 26' I.
x 26' prefab building; (4) that a six foot high solid fence (with one foot opening at bottom) be
erected along the Ashburn Road frontage for a distance of about 400' and along the east and west limits
of that portion of the property being re-zoned to the rock escarpment; with the fencing being completed
by the Fall of 1981; (5) that a,customer parking area be provided between the fencing on Ashburn Road
and the buildings; (6) that a storage area be established, taking advantage of the topography and tree
cover, which will not be visible from the Throughway and the residential area on Jones Drive; and that
no substantial tree cutting or grading take place which would have the effect of making the salvage and
storage operations more visible to neighbouring properties; (7) that all new deliveries of junked
vehicles to the site be temporarily received in an area behind the building and them moved to the
approved storage area; (8) that the existing storage areas and roadways be completely phased out within
12 months from the time the new storage area (clay pit) has been rehabilitated by the City; (9) that no .
access to the site be permitted off Jones Drive and MacKnight Motors be required to use the Company's
internal road system; and (10) that the agreement not be signed by the City (and the amendments to the
Municipal Plan and Zoning By-Law not be approved) until"the owner has deposited a performance bond in
the amount of $5,000.
...4
,...
'-289
, Pe tit ion
,Miss Eve Maim
. Jones Drive
residents
MacKnight
Motors Ltd.
1
1
.
" Alma Ham; I ton
Rodney J.
, Gill is
I
.
"
A I den VI.
MacKnight
1
I
.
...
Miss Eve Malm, appearing on behalf of the residents of Jones Drive, read a prepared submission on
behalf of the residents which reviews the past performance of MacKnight Motors Ltd. and action taken by the
City with respect to the unsightly condition of the property of this firm. The submission notes that several
items with respect to the present proposal of MacKnight Motors have been altered, one of which is that the
previous maps showed an area of 13.5 acres to be re-zoned, while the proposal now shows an area with a depth
of 2000 feet as compared to the 1500 feet in the original proposal. Miss Malm suggested that the conditions
to be imposed under Section 39 of the Community Planning Act have changed from those which appeared in the
newspaper advertisement regarding this proposal, and the residents feel if there is to be a written agreement
with Mr. MacKnight, that the residents should be a party to such agreement. In response to a query of
Councillor Wayne, Mr. Rodgers stated that there is no requirement under the Community Planning Act to list
the conditions in the advertisement and that any conditions are imposed by Council at the time of the re-
zoning, 'and that the changes in the proposed conditions does not affect consideration of the proposal at this
time. Miss Malm referred to rehabilitation of the clay pit, which is to be undertaken by the City, which the
residents contend gives Mr. MacKnight an extension of time of three to four years before his operation could
be implemented, in the meantime making the area more unsightly. Miss Malm expressed the residents concern
regarding this proposal and stated that in the past Mr. MacKnight has shown disrespect to the Courts, by-
laws, municipal planning, plus the cost in time and money to the City, and would hope that Council will
support their concern and urge Council to ensure the residents and the general public are protected against
such violations and the violators. In further discussion regarding the change in conditions regarding this
proposal, Miss Malm stated that in addition to the increase in acreage from that proposed in the advertisement,
the clay pit has now been extended almost one~third of the length of the original proposal. Regarding the
change in area, Mr. Winch advised that the sketch plan attached to the Planning Advisory Committee's recom-
mendation:'delineates',an area::approximately 400 feet wide by approximately 2,000 feet depth, or approximately
19 to 20 acres - the reason for the change was to allow Mr. MacKnight, if necessary, additional storage area
beyond the originally designated pit. In reply to a query of Councillor Lander, Mr. Rodgers advised that the
only matter which the Council can legally deal with at this meeting is regarding the area of approximately 14
acres as referred to in the public notice. Councillor Wayne asked if Council can require that the conditions
recommended by the Planning Advisory Committee be met prior to the area being re-zoned. Making negative
reply, Mr. Rodgers stated that the terms and conditions under Section 39 of the Community Planning Act are
tied to the re-zoning and 'if such conditions are violated, the re-zoning can revert to the original re-zoning
and prosecution can take place. Miss Malm also referred to the change in the heighth of the fencing required,
and stated that the residents have received ,advice that such fence should be at least eight feet high, and
noted that the residents had originally requested that should fence be twelve feet high. It was noted that
conditions 1, 4, 6, 8 and 10 have been changed from the conditions originally proposed under Section 39 of
the Community Planning Act.
Miss Alma Hamilton, a resident of Jones Drive, also spoke against the application of MacKnight
Motors Ltd., and suggested that the City should obtain an injunction against this firm until it obeys the
Ci ty' slaws.
Mr. Rodney J. Gillis, solicitor for MacKnight Motors Ltd., referring to the, changes in the conditions
under Section 39, suggested that those conditions have been changed to the detriment of his client, for
reasons which he outlined, and stated that his client is only asking for re-zoning of an area of approximately
14 acres. He stated that his client is prepared to abide by the conditions suggested and that the proposed
changes in the conditions will also be more costly to his client. He noted that due to the topography of
the property, the only area which can be used for storage is the pit area, and without this area being
rehabilitated it is impossible to use it for storing vehicles. He stated that his client wishes to improve
his property, however he is unable to obtain a building permit to permit the erection of the Butler type
building which would facilitate the removal of parts from the vehicles and the scrapping of the remains, and
thus clean up the property. Regarding the existing use of this property, Mr. Gillis stated it is his under-
standing there are a number of properties in the City where businesses are being conducted in contravention
of the existing zoning by~laws and his client's case is not unique in this regard. He suggested that the
fact that the operation may be in contravention of the existing Zoning By-Law should not prevent Council from
considering the re-zoning - contravention of the ,existing Zoning By-Law he suggests works to the detriment of
his client in that it gives both the City and the residents of the area a chance to examine the use to which
the property is being put, to voice their concerns, and to impose conditions or restrictions which would
probably be more detrimental to his client than if he had applied for re-zoning in the first instance. He
asked that Council give favourable consideration to re-zoning of his clients' property. Regarding the fact
that his client is unable to obtain electrical service to his present operation, Mr. Gillis stated that this
is due to the zoning which prevents electrical service to his property, although it is available in the area.
Councillor Wayne asked if the City can rehabilitate the pit in this area immediately so that it can
then be used by Mr. MacKnight for storage of vehicles. Mr. MacKinnon replied that an answer to Councillor
Wayne's query can be supplied to Council at the next meeting.
Mr. Alden W. MacKnight; President of MacKnight Motors Ltd., was present at the meeting and during
discussion with the Council members, supplied the following information: it is his intention to remove the
unsightly vehicles from the property and not to use Jones Drive for access to his business, if re-zoning is
granted; that he purchased this property in 1971, which was zoned agricultural at the time, and that he
admits that his use of this property was illegal; that his firm was towing vehicles for the City of Saint
John at the time and this is how his operation began; that the proposed building will be used for dismantling
of vehicles; that he was unable to conform with the conditions imposed by the court within the given time
period, due to the winter conditions at that time; that hundreds of cars have been removed from the premises
since he was fined under unsightly premises, and that some of these cars have been replaced; that he doubts
his premises would stand up to inspection today, which condition does not please him; that he had no building
permit for the fence presently on the property, which was not intended as a permanent fence, but only intended
as protection of his property; that his business continues to operate on a daily basis; that he feels his
firm is performing a worthwhile service to the community.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the above matter be laid on the table for one week pending
a report from the Commissioner of Engineering and Works regarding rehabilitation of the pit in this area by
the City.
Question being taken, the tabling motion was lost with Councillors Clark, Gould, Green, Landers and
Pye voting "nay".
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the property of MacKnight Motors Ltd: on Ashburn Road not
be re-zoned.
Following considerable discussion, the motion was carried with the Deputy Mayor and Councillors
Knibb and Wayne voting "nay".
290
~
Dangerous &
, dilapidated bldg.
'203 Main Street
'Dangerous &
dilapidated bldg.
"
394 Sandy Point Rd
"
Jacques Dalibard
,Heritage Canada
Stephen Interior
" Design
draper i es
,City Hall
Church of the
,
Nazarene
" mobile home
Minister of Municipan
"Affairs
... Commun i ty Se rv ices
Contribution Progr~m
gran t
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the correspondence' regarding the above matter be
.
received and filed.
Notice had been sent to Ronald W. Stackhouse, Mortgagor; Mary Ellen Stackhouse, Mortgagor;
Douglas L. Doucette, Mortgagee; and H. E. Gail Doucette, Mortgagee, to appear at this meeting, to show
cause, if any, why the building located at 203 Main Street should not be removed or destroyed as a
dangerous or dilapidated building. Mr. Johnson referred to his report to Council and stated that in his
opinion this four-storey wood frame building has been abandoned by the owners and there seems no pos~:
sibility of rehabilitation, and he would therefore recommend that the said building be declared dangerous
and dilapidated and the owners be compelled to destroy or remove the building under the provisions of
the 1925 Building Act. No person was present with respect to the said property.
I
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that notice having been given to Ronald W. Stackhouse,
Mortgagor; Mary Ellen Stackhouse, Mortgagor; Douglas L. Doucette, Mortgagee; and H. E. Gail Doucette,
Mortgagee, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint
John, of the building located at civic number 203 Main Street, in the City of Saint John, requesting
that the said owners appear before this meeting of the Common Council to show cause why the said build- 1
ing should not be removed or destroyed as a dangerous or dilapidated building, and having considered the
report of the Building Inspector; the Common Council hereby deems and declares the said building located
at 203 Main Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Ronald W. Stackhouse, Mary Ellen Stackhouse, Douglas
L. Doucette and H. E. Gail Doucette are hereby required to remove or destroy the said building situate
at civic number 203 Main Street, in the City of Saint John, within ten days after receiving notice to do
so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Ronald W. Stackhouse, Mary Ellen
Stackhouse, Douglas L. Doucette and H. E. Gail Doucette to remove or destroy the said building situate .
at civic number 203 Main Street, in the City of Saint John, in compliance with the request of such
notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the
said Ronald W. Stackhouse, Mary Ellen Stackhouse, Douglas L. Doucette and H. E. Gail Doucette.
Notice had been sent to Investment Securities Limited, owner of the Freehold, to appear at
this meeting to show cause, if any, why the building located at 394 Sandy Point Road should not be
removed or destroyed as a dangerous or dilapidated building. Mr. Johnson referred to his report to
Council and stated that in his opinion this one-storey wood frame building is beyond repair, dilapidated
and dangerous, being a fire target, and he would therefore recommend that the said building be declared
dangerous and dilapidated and the owner be compelled to destroy or remove the building under the pro-
visions of the 1925 Building Act.' No person was present with respect to the said property.
On motion of Councillor Landers
1
Seconded by Councillor Wayne
RESOLVED that notice having been given to Investment Securities
Limited, owner of the Freehold, being the owner, as appears by the records of the Registrar of Deeds for
the County of Saint John, of the building located at civic number 394 Sandy Point Road, in the City of
Saint John, requesting that the said owner appear before this meeting of the Common Council to show
cause why the said building should not be removed or destroyed as a dangerous or dilapidated building,
and having considered the report of the Building Inspector; the Common Council hereby deems and declares
the said building located at 394 Sandy Point Road; in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Investment Securities Limited is hereby required to
remove or destroy the said building situate at civic number 394 Sandy Point Road, in the City of Saint
John, within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Investment Securities Limited to .
remove or destroy the said building situate at civic number 394 'Sandy Point Road, in the City of Saint
John, in compliance with the request of such notice, that the Building Inspector cause such work to be
done and the cost thereof recovered from the said Investment Securities Limited.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Mr. Jacques Dalibard, Executive
Director of Heritage Canada, advising that the Board of Governors of Heritage Canada have authorized an
investment in a demonstration project in the City's heritage preservation area of $150,000.00 for
expenditure this year, with the probability of investing an additional $100,000.00 for the following
year, be received and filed.
1
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Ms. Vivian Stephen, President of
Stephen Interior Design, regarding the contract recently awarded by the City for the supply of draperies,
be referred to the City Manager for explanation and a report to Council.
I,
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Reverend Kenneth G. Stackhouse,
requesting permission on behalf of the West Saint John Church of the Nazarene for extension of the
temporary permission regarding the location of a mobile home on Sand Cove Road, be referred to the
Planning Advisory Committee for a report.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from The Honourable Horace B. Smith,
Minister of Municipal Affairs, advising that the Community Services Contribution Program grant to the
City of Saint John for 1979 was based on preliminary estimates for eligible sanitary sewer costs, which
eligible costs have now been revised in accordance with actual costs for the projects, and consequently,
.
~
"...
2-9'1
\
.
Sewer Lift
Stn & Force-
\ ma i n (Red
Head)
Hazen Creek
Sewage Treat
\ ment Plant
I
Municipal
Development
Plan
'\ Port of Saint
John
I
M. Carol
"Vidito
S.J. Taxi
Owners &
Ope ra to rs
Assoc.
.
Animal
, Rescue Leagu
Donald
\ Snodgrass
I
\Dr. Forbes
Macleod
, S.P.C.A.
LEGAL
SESSION
.
\Anne Byrne
~ Mrs. Kenneth
Trainor
I
I
.
Il..
requesting that the City amend Schedule "A" attached to the 1979 agreement by changing the amount for the
Sewer Lift Station and Forcemain (Red Head) to $135,460.00 and adding: Hazen Creek (Sewage Treatment Plant)
$77,000.00 for a total of $212,460.00 -- be received and filed and the said Schedule "A" be so amended.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Mr. G. C. Mouland, General Manager, Port
of Saint John, requesting an amendment to the Municipal Development Plan regarding the potash bulk handling
terminal facility to be constructed at Broad Street South, be referred to the Planning Advisory Committee for
a report and recommendation, and that authority be granted for the necessary advertising in this regard.
In discussion of the above request, Mr. Zides reported on visits made to potash handling terminals
in San Diego and Long Beach, California, and stated that representatives of Environment New Brunswick will use
the standards of California in any agreements with potash firms who wish to locate in the Province of New
Brunswick. In his remarks, Mr. Zides suggested that the noise and visual impact of this facility is far
greater to a community than the environmental pollution.
On motion of Councillor Gould
Seconded by Co~cillor Green
RESOLVED that the letter from M. Carol Vidito, advising that she has
learned a number of taxi owners and operators have formed the Saint John Taxi Owners and Operators Association
Ltd., which Association is proposing to adopt new by-laws and one of the proposals is in order to own or
operate a taxi cab in the City of Saint John, any person must be a member of the Association, and expressing
the view that the basic control of taxis should remain with the elected representatives of the City, be
referred to the City Manager for a report.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Gerard J. Clancy, Manager of the
Animal Rescue League, in regard to the letter received by Council from Mr. Donald Snodgrass, submitting a copy
of the contract with the Village of Fairvale, and advising that the Animal Rescue League agreement with the
city is to do the pound work for which they are paid by the city, which amount covers about 56% of their
budget with the remaining revenue coming from boarding animals for the public and a very small amount from the
outlying villages, with this revenue being used to do humane work in the city, be received and filed.
During discussion of the above letter, Councillor Landers proposed a motion, which was not seconded,
that no further payments be made by the City to the Animal Rescue League until such time as they meet with
Common Council, as previously requested.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the City Manager again request that the executive or
representatives of the Animal Rescue League appear before Common Council.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Dr. Forbes MacLeod, Managing Director of
the Saint John & District S.P.C.A. regarding remarks made at a recent meeting of Common Council, be received
and filed.
Councillor Wayne reiterated comments she made at a recent Council meeting regarding the unsuccessful
attempts of a local citizen to contact the S.P.C.A. by telephone.
The Council met in Legal Session prior to the meeting resuming in open session at 7 p.m., when there
were present Deputy Mayor Elliot and Councillors Clark, Gould, Green, Knibb, Landers, MacCallum, Pye, and
Wayne.
Consideration was given to a letter from the City Solicitor, dated March 14th, 1980, regarding the
recent presentation to Council by Ms. Anne Byrne, solicitor representing Mrs. Kenneth Trainor, requesting a
reconsideration of the claim of Mrs. Trainor that the City is responsible for additional payments to her as a
result of her husband's employment with the Police Force and the question of his disability prior to his death
in 1974, advising that he has examined the points raised by Ms. Byrne and it is his opinion that it would be
an illegal payment of funds to recognize Mrs. Trainor's claim based on the evidence presently available. The
letter states that in dealing with the first point raised by Ms. Byrne, there is still no evidence to satisfy
the Insurance Company that Mr. Trainor was retired under total disability - under the insurance policy, in
order for full' life insurance to,'continue, an employee must be totally disabled; on the question of the
transmittal slip submitted in error by the City, if medical evidence can be brought forward to satisfy the
Insurance Company that total disability did exist, and the Insurance Company refuses to extend full coverage
because of the error made by the City, it is his opinon that the City would then be liable for the full
coverage, and until that occurs, it is his opinion that it would be iliegal for the City to recognize a
payment based on an error, while the question of total disability is still outstanding; on the second point
raised by Ms. Byrne, it is his opinion that the amendment in 1973 to the Pension Act only relates to participants
going out on disability following the amendment. Mr. Rodgers advised that he has discussed the matter with the
solicitor for the Pension Board, and he is not in a position to give an opinion because his firm had represented
Mrs. Trainor at one time in the past. ,
On motion of Councillor Wayne
Seconded by Councillor Clark
RESOLVED that the above letter be received and filed and the City Solicitor,
be authorized to advise Ms. Byrne of the position of the City, as expressed in the said letter.
On motion
The meeting adjourned.
~
Common Cler!'
292
..,
\. Ma rsh Creek
, Expropriation
, I rv i n9 0 ilL t d .
Cou rtenay Bay
j;" ~(}.V! 1
Traffic By-Law
amendment
Hi lyard Street
'University Ave.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
fourth day of March, A. D. 1980, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, S. Armstrong, Deputy Commissioner
of Engineering, J. Gabriel, Deputy Commissioner of Works, J. Griffin,
Traffic Engineer, M. Winch, Deputy Commissioner of Community Planning,
D. Wilson, Deputy Commissioner of Finance, J. Brownell, Assistant
Director of Recreation and Parks, P. Clark, Fire Chief, C. Oram, Deputy
Police Chief, D. French, Director of Personnel, G. Soucy, Labour Relations
Officer, D. Buck, Deputy Commissioner, Housing and Renewal Services,
H. B. Steeves, Deputy Building Inspector, M. Hanlon, Purchasing Agent,
and N.MacNeil, Manager, Civic Public Relations
Reverend Dr. Arthur H. Long offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that minutes of the meeting of Common Council, held on
March 17th last, be confirmed.
Read a letter from the City Manager advising that under an agreement dated August 25th, 1977
the City entered into an arrangement with the Province with respect to flood control in the Marsh Creek
and one of the City's responsibilities under this Agreement is to acquire the necessary lands and at that
time general authority was given to the City Solicitor to commence expropriation proceedings. The letter
states that the area required for flood storage north of the Causeway has been defined and discussions
have been held with owners to acquire this land, however, the City has not been able to acquire the
land - Council formerly resolved to expropriate the lands required from Irving Oil Ltd. on May 28th,
1979, however, shortly after that the Province enacted new Flood Control legislation and certain steps
had to be taken under that legislation, namely, the designation of a Flood Risk Area and the adoption of
a Flood Risk Area By-Law, which two steps have now been completed. The letter submits an expropriation
resolution for adoption by Council.
Mr. Rodgers advised that although the Flood Risk Area By-Law adopted by the Council has been
approved by the Minister of Municipal Affairs, such by-law is not effective until filed in the Registry
Office, and he would therefore suggest that the words "following registration of the Flood Risk Area By-
Law" be added to the proposed resolution submitted by the City Manager.
On motion of Councillor Elliot
.
I
1
.
I
Seconded by Councillor Wayne
RESOLVED that following registration of the Flood Risk Area By-Law,
the City Solicitor, or his representative, be authorized and instructed to commence expropriation proceedings
to acquire the fee simple interest, subject to the easement for sewer purposes now enjoyed by the City of
Saint' John, in the land identified as Parcel "A" on a survey plan entitled "Plan of Lands To Be Expropriated
From Irving Oil Limited By The City of Saint John", which plan is dated the 21st day of November, 1978,
prepared by Kierstead Surveys Ltd. and signed by Phillip E. Kierstead, N.B.L.S., for the purpose of
creating, operating and maintaining a storage area for storm water run-off from within the Marsh Creek
Watershed; and further that the City Solicitor be authorized to engage outside legal counsel to assist in
the proceedings; and further that the Mayor and Common Clerk be authorized to execute all documentation
required in the proceedings. ~
Councillor Landers asked if the City's appraisers have an estimate of what it may cost the City
to acquire the above lands. Mr. McDermott reported that the City received an estimate today which is
approximately $314,000.00, and the earlier appraisal was $114,000.00. Regarding the extent to which the
Provincial and Federal Governments are willing to cost-share in the acquisition of this property, Mr.
McDermott stated that there will be discussions tomorrow with the Government representatives to get an
upper limit for such cost-sharing.
')
(Councillor Green entered the meeting)
During discussion, Councillor Knibb suggested that in view of the proposed location of the
potash handling terminal facility, the City should again propose that the holding area should be beyond
the Causeway, in an area that could be developed as a dock facility on top with a holding pond underneath.
He stated that if there is any accuracy in the Irving assessment of the required lands, copies of which
had been forwarded individually to each Council member by the said firm, and if there is any accuracy in
the prediction that the Irving interests will fight this expropriation, perhaps Council should look again
at this proposal. The Mayor noted that at one time the location of the potash plant was on the east side
of Courtenay Bay on land owned by the Irving interests, and a proposal was made to exchange these 26
acres and some other lands with the National Harbours Board, which exchange will not now take place. He
stated he feels the Council entered into an obligation regarding the forebay area and he personally feels
Council must proceed under the Agreement. Councillor Wayne stated it is unfortunate Council must go this
route to obtain the required land, and she referred to flooding which took place this past week in the
Rothesay Avenue and Glen Falls areas of the City.
"nay".
Question being taken, the motion was carried with Councillors Green, Knibb and Landers voting
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, submitting proposed amendments to the Traffic By-Law to
extend the parking prohibition to include the entire length of Hilyard Street, and to prohibit parking on
both sides of University Avenue for its entire length, and recommending that the said amendments be
I
1
.
....
"...
2~3
,
.
1
Nei I
\ McCutcheon
pulp &
hardwood
I
Stephen
" Interior
Design
.
draperies
\City Hall
1
tendering
'0 procedures
.
" Ches I ey P I ace
lease
I
Plan. Advis.
Comm.
1
, NB Te I
cor. Millidge
,& Daniel Ave
Zon i ng By- Law
Amendment
.
Plan Advis.
Comm.
'- C.B.D.C.
Iil....
referred to the Legal Department or appropriate actlon, be received and rIled and the recommendatlon adopted.
Councillor Landers referred to the statement in the above letter that the apartments provide adequate
off-street parking on University Avenue, and he suggested that there is not sufficient off-street parking in
the Candlewood Lane-University Avenue development, particularly for the townhouses on University Avenue.
Cowlcillor MacCallum stated that while he is not against these proposed changes, he feels they should be
publicly advertised.
Question being taken, the motion was carried with Councillors Green, Landers and MacCallum voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager with regard to the
request of Mr. Neil McCutcheon to cut pulp, hardwood and cedar on City property for stumpage, submitting a
report prepared by Mr. Joseph Gabriel, Deputy Commissioner of Works, which recommends that this request be
denied but that Council's policy be reviewed following receipt of the report from the Forestry Consultant --
be received and filed and the recommendation adopted.
(Councillor M. Vincent entered the meeting)
In reply to a query of Deputy Mayor Elliot, Mr. McDermott stated that proposals have been called for
forest,management consultants, and a decision is expected within the next two weeks.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager with regard to the
letter from Stephen Interior Design on the awarding of the drapery contract at City Hall, advising that as
stated by Ms. Stephen, City staff did contact her to measure up and propose solutions to the problem of solar
heating in the Mayor's Office and she was later called by staff and advised that nothing was being purchased
for the Mayor's windows at that time; with regard to the other question raised, as to why Stephen Interior
Design was not contacted to obtain a quotation on drapes, for all City floors, Ms. Stephen was advised to
approach the Purchasing Agent to have her name added to the City's suppliers list which she did not do,
consequently the Purchasing Agent could not know the range of services that Stephen Interior Design was able
to provide; in reference to the larger question of drapes for the City Hall complex, the City had been negotiating
wi th the landlord in order to have these drapes supplied by the landlord through a mutually acceptable arrange-
ment and written quotations were called for from several local suppliers to ensure that the arrangement
offered by the landlord was the best possible for the City, and the quotations obtained by the Purchasing
Department revealed that the City could do 'much better elsewhere rather than accept the landlord's offer; with
regard to the drapery contract awarded by 'Council on March 10th subject to the necessary testing in the
appropriate areas, staff has been informed that the same drapes are in service in the Royal Trust office in
Brunswick House and discussions with the Manager revealed that these drapes have proven satisfactory and the
supplier has also given the City test results from the Ontario Research Foundation with respect to flame
retardation which have been checked by the Fire Department, and the order has therefore been placed and the
drapes will be delivered in about six weeks time for the entire City floor area -- be received and filed.
Following discussion regarding the question of such items being purchased by quotation rather than
public tender, the motion was carried with Councillors Green, MacCallum, Pye, M. Vincent and Wayne voting
"nay" .
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that those persons or firms who wish to quote on the supply of
materials or services to the City be advised of the City's procedure through newspaper advertising, and that
the City's present procedure in this regard be reviewed and a ceiling be placed on the amount of orders which
can be purchased in this manner.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager advising that
further to Council's approval of the execution of two separate leases at Chesley Place, a Mutual User Agree-
ment has now been prepared, delineating the respective rights and obligations of the two lessees with respect
to common areas, parking areas, and rights-of-way, and recommending that the Mayor and Common Clerk be authorized
to execute the Mutual User Agreement for Chesley Place, subject to the Legal Department's examination of the
final document as to legality and form -- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application from N. B. Tel for an amendment to the Zoning By-Law in order to permit the erection
of a Jumper Wire Interface at Millidge and Daniel Avenues, recommending that Council adopt the recommendations
of the Planning Branch with respect to the said application, as contained in the submitted report of the
Planning Branch, namely: (1) that Section 2 (Definitions) of the Zoning By-Law be amended to incorporate the
following definition: "utility service building or structure" shall mean a building or structure used with the
. supplying or maintenance of a utility or service such as but not restricted to transmission and distribution
lines, water and sewerage pumping stations, hydro and telephone stations, and communication devices."; (2)
that Part XXVI of the Zoning By-Law be amended to incorporate the following provisions: "Utility Service
Buildingscor Structures - Notwithstanding any other provisions of this By-Law, Utility Service Buildings or
Structures shall be permitted in any zone, provided that where such building or structure is located in a
Residential zone it shall comply with all lot, height, yard and coverage regulations prescribed for such zone,
there shall be no open storage of goods, materials or equipment, any building or structure shall be designed,
erected and maintained in a manner compatible with residential buildings of the type permitted in said zone,
and such building or structure shall be subject to any conditions which may be imposed by the Planning Advisory
Committee."; and (3) that authority be granted for the advertising of this proposed amendment to the Zoning
By-Law -- be received and filed and the recommendations adopted.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee, submitting
recommendations regarding items to be used by Common Council as guidelines for the funding and implementation
of improvements in the Central Business District over the next five years or so, be laid on the table and
considered in Committee of the Whole this date.
29:A
"
,
Shirley Cook
, m, ob i I e home
North/South
,
Arterial
,209 Rockland Rd
, E i da Be r ry
No rth/South
Arterial
,
213 Rockland Rd
, R i cha rd MacDona 1 d
North/South
Arterial
'- 266 & 272 Rockland
Rd.
'Arthur Ingersoll
North/South
Arterial
'-
292 Rockland Rd
'Taywood L td.
Question being taken, the tabling motion was carried with the Mayor and Councillor Knibb
voting "nay".
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee,
Council not renew the temporary permit regarding location of a mobile home at 1460 Grandview Avenue
by Mrs. Shirley Cook.
Councillor M. Vincent noted that the letter from the Department of Health regarding the
health condition of the site of this mobile home, a copy of which is submitted with the above letter
from the Planning Advisory Committee, is dated June 14th, 1979, and he asked if any additional reports
have been received by the Planning Department since that date. Mr. Winch replied that this is the
most recent information the Planning Branch has from the Department of Health.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the above matter be laid on the table pending an
up-to-date report on the existing conditions of this property.
Question being taken, the tabling motion was carried with the Mayor and Councillor Elliot
voting llnay".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the property
situate at 209 Rockland Road and identified as "A" on the submitted plan, owned by Miss Eida Berry, be
purchased for the sum of $12,000.00 with the closing date and vacant possession to be as of April
30th, 1980, such property being required'for the North/South Arterial, and that the Mayor and Common
Clerk be authorized to execute the purchase and sale agreement and any other related documents.
Councillor Clark stated he understands there were three appraisals of properties in the
above area, and he had expected that information on all appraisals would be supplied to the Council
members. Mr. Buck advised that a comparative sheet was prepared for members of the Land Committee,
and that appraisals carried out by City staff were not detailed appraisals and were undertaken for
budget purposes, following which the firm of DeStecher Miller & Law was engaged to supply appraisals
of the required properties. Councillor Clark suggested that complete information on each property
appraisal should be available for Council. Councillor Gould stated that the Land Committee attempted
to negotiate a purchase price as close to the appraised value of the required properties as possible.
Councillor Wayne stated she was informed by a resident of Rockland Road that they were approached by
Mr. David Lunney who stated he was acting on behalf of the City of Saint John. She asked why the City
engaged a consultant to undertake a study of the valley corridor area, which includes the North/South
Arterial and Phase 1 of the proposed land assembly in this area. The Mayor stated that the North/South
Arterial was included in the Comprehensive Community Plan, however, the road to the Regional Hospital
is new. He stated that discussion of these projects was done in Committee of the Whole to ensure
against prohibitive property costs. Councillor Wayne stated that Council has not ratified in open
session any approval of the Phase 1 land assembly in the Rockland Road area and she=asked,if such ,',
ratification','is required before approval can be: given fOT cproperfycpurchases for the said proj ect.
Mr. Rodgers replied that there are several ways of approving a policy in open session, and he would
have to know if the item on the agenda from the Land Committee later in this meeting regarding property
acquisitions for such land assembly project, is inconsistent with the action approved in Committee of
the Whole. It was agreed that further discussion of this matter would be considered later in the
meeting when the said item is considered.
(Deputy Mayor Elliot withdrew from the meeting)
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
In reply to a request of Councillor Clark, the Mayor stated that in future Council will be
supplied with appraisals when recommendations are considered for the purchase of properties.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the property
situate at 213 Rockland Road and identified as "B" on the submitted plan, owned by Mr. Richard MacDonald,
be purchased for the sum of $14,000.00 and that Mr. MacDonald be allowed to remove the furnace at the
time of, or prior to the date of transfer; the closing date and vacant possession to be as of April
30th, 1980, such property being required for the North/South Arterial, and that the Mayor and Common
Clerk be authorized to execute any and all documents required for the purchase of this property.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the properties
situate at 266 and 272 Rockland Road and identified as "c" on the submitted plan, owned by Mr. and
Mrs. Arthur Ingersoll, be purchased for the sum of $106,000.00, with the closing date and vacant
possession to be as of May 1st, 1980, such property being required for the North/South Arterial, and
that the Mayor and Common Clerk be authorized to execute any and all documents required for the purchase
of these two properties.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the property
situate at 292 Rockland Road and identified as "D" on the submitted plan, owned by Taywood Ltd., be
.
I
I
.
1
.
I
1
.
.....
".....
2;95
.
I
North/South
Arterial
\216-220
Rock I and Rd
Est. of Leesh
Zed
I
North/South
Arterial
\276 Rock I and
Rd.
'\ Ra I ph Bangay
.
North/South
Arterial
\250 Rockland
, Rd
79 Paradise
Row
226, 226L
'0228, 230
Rockland Rd
I
,Saint John
Loan Co.
,Corp. 4 Hold-
ings Ltd.
Phase I
land assembly
.
1
Preservat ion
'\ Review Bd.
re preser-
vation area
I
re demo lit ion
or renova-
t i on 5 to
city-owned
bldgs.
,
S.J. Transit
Comm.
.
, .
flooding
'Greendale ere
'Va I J eyv i ew C r
, Manchester Av
110..
purchased for the sum of $115,500.00 with the closing date and vacant possession to be as of May 1st, 1980,
such property being required for the North/South Arterial, and that the Mayor and Common Clerk be authorized
to execute any and all documents required for the purchase of this property.
Councillor MacCallum inquired as to the principals of Taywood Ltd. Mr. Buck replied that he did not
have such information, although negotiations for the purchase of this property were carried out with Mr. David
Lunney as agent for the owner.
Question being taken, the motion was carried with Councillors Clark, MacCallum, M. Vincent and Wayne
voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the property
situate at 216-220 Rockland Road and identified as "E" on the submitted plan, owned by the Estate of Leesha
Zed, be purchased for the sum of $34,700.00 with the closing date and vacant possession to be as of May 1st,
1980, such property being required for the North/South Arterial, and that the Mayor and Common Clerk be
authorized to execute any and all documents required for the purchase of this property.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the property situate
at 276 Rockland Road and identified as "F" on the submitted plan, owned by Mr. Ralph Bangay, be purchased for
the sum of $26,500.00 with the closing date and vacant possession to be as of May 30th, 1980, such property
being required for the North/South Arterial, and that the Mayor and Common Clerk be authorized to execute any
and all documents required for the purchase of this property.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the properties
sitllate at 250 Rockland Road, the land at the rear of 250 Rockland Road and 79 Paradise Row, and identified as
"G" on the submitted plan, owned by Saint John Loan Co., be purchased for the sum of $190,000.00 with the
closing date and vacant possession to be as of March 31st, 1980; that the properties situate at 226, 226 1/2,
228 and 230 Rockland Road, and identified as "H" on the submitted plan, owned by Corp. 4 Holdings Ltd., be
purchased for the sum of $83,000.00 with the closing date and vacant possession to be as of March 31st, 1980;
and that the Mayor and Common Clerk be authorized to execute any and all documents required for the purchase
of these properties which are required for the North/South Arterial and as part of Phase I Land Assembly.
Regarding a previous query of Councillor Wayne regarding ratification of the Phase I land assembly,
Mr. Rodgers stated that if Council approves acquisition of properties based on the above recommendation from
the Land Committee, then obviously Council is recognizing the Phase I land assembly policy. He suggested that
the closing date for the purchase of the above properties should be extended to on or before April 30th, 1980.
In further discussion, Mr. Rodgers reiterated his remarks that by adopting the above recommendation, Council
is obviously recognizing the land assembly project, and this is one way of adopting a policy in this regard.
Regarding the study being undertaken by Crandall & Associates, as referred to by Councillor Wayne, the Mayor
stated he does not feel Council's action in purchasing properties in this area will have any effect on their
design, and will probably assist the said firm in developing a plan for this area. Councillor Wayne stated she
did not think we could go ahead with the land assembly project until we found out from the appraisers if
everyone in the area 'agreed to sell, as we cannot expropriate for land assembly purposes.
Moved in amendment by Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the closing date and vacant possession regarding purchase
of the above properties identifed as "G" and "H" on the submitted plan, be amended to read "on or before April
30th, 1980".
Question being taken, the amendment to the motion was carried with Councillors Clark, MacCallum,
Pye, M. Vincent and WaynE! voting "nay' .
Question being taken, the motion as amended was carried with Councillors Clark, MacCallum, Pye, M.
Vincent and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the Preservation Review Board recommending
designation of the area described in the letter as a preservation area, be laid on the table and considered in
Committee of the Whole this date.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as requested by the Preservation Review Board, Council
consult with the Board before authorizing demolition or extensive renovations to any City-owned buildings in
the preservation area.
On motion of Councillor Clark
Seconded by Councillor M. Vincent
RESOLVED that the report of the Saint John Transit Commission for
the period July 1st to December 31st, 1979, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the City Manager submit a full report to Council on what
is required to correct the flOOding problems in the Greendale Crescent, Valleyview Crescent and Manchester
Avenue area, the cost, and why it has not been implemented to date, and if it is being recommended in the
scapital budget for this year.
296
.,
Counc. Wayne
On motion of Councillor Wayne
Marsh Creek Flood
\ Reduction Agree-
ment
'Forest Hills School
exp rop ria ted
properties
,
MacKnight Motors Lt
'(motion lost)
'\.~'11
;CA ' .
\
re-zoning
app 1 i ca t ion
po Ii cy re time
I imi t
, (motion lost)
,
MacKNight Motors Lt
" Simonds Co-operat i v
Ltd.
ga rden cen t re
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne advising of her
concern that many facets of the Marsh Creek Flood Damage Reduction Agreement have not been completed,
namely, the following: (1) the acquiring of the 26 acres of the forebay; (2) the'acquiring of the property
owned by Medena Mae Ryan for the Kelly Lake Reservoir; (3) the construction of the new Marsh Creek bridge;
(4) the work that must be done at Mystery Lake; and (5) the work that must be done at Lawlor Lake; asking
that Council be informed of the dates on which all of the above will be carried out; why the boom that
was put in place in Haymarket Square has not been used for the past year and a half and what ongoing
capital expenditure there is to maintain Marsh Creek -- be referred to the City Manager for a report at
the next meeting of Council.
.
On motion of Councillor M. Vincent
I
Seconded by Councillor Murphy
RESOLVED that the appropriate City staff meet with the principal
of Forest Hills School to ascertain if the City can be of any assistance in encouraging children to not
use the streets in this area for commuting and that the matter also be ,referred to the Police Department
officer working in the area, and secondly, that the matter of providing sidewalks in this area be referred
to the City Manager for a report and recommendation.
(Councillor Gould withdrew from the meeting)
1
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the City Manager be requested to submit to
Council a list of properties where expropriation was initiated and not finalized and that action be taken
to complete the expropriation details.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the application of MacKnight Motors Limited for re-
zoning of property on Ashburn Lake Road, be laid on the table in view of an item to be considered in
Legal Session this date.
.
Question being taken, the 'motion was lost, a tie vote having been created with the Mayor and
Councillors Green, Knibb, Pye and M. Vincent voting "nay".
(Councillor Gould re-entered the meeting)
Councillor Wayne noted that the City Manager had previously been requested to submit a proposed
policy to Council regarding the possibility of instituting a time limit for the re-submission of re-
zoning applications, unless new information is submitted.
On motion of Councillor Knibb
1
Seconded by Councillor Murphy
RESOLVED that the application of MacKnight Motors Limited for re-
zoning of property on Ashburn Lake Road be referred to the Planning Advisory Committee for a report and
recommendation, and that authority be granted for the necessary advertising in this regard.
During discussion of the above re-zoning application, Mr. Rodgers advised that the applicant
has every right to make such application, however, Council is not obligated to refer such application to
the Planning Advisory Committee and have a public hearing each time - that is a decision for Council to
make; because zoning is a legislative matter, Council does not have to re-zone land in the City just
because a request is received that an area be re-zoned.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Gould, Green,
Landers, Pye, M. Vincent and Wayne voting "nay".
.
On motion of Councillor Landers
Seconded by Councillor Pye
RESOLVED that the application of MacKnight Motors Limited for re-
zoning of property on Ashburn Lake Road, be received and filed.
Question being taken, the motion was carried with Councillors Knibb, Murphy, MacCallum and
Wayne voting "nay".
1
Read a letter from Mr. Vernon Kelly, Manager of Simonds Co~operative Limited, in regard to a
proposed garden centre which was to form part of their present building, advising that they now find that
their building is located in the path of the proposed throughway (Eastern Arterial) and they would ask
that Council consider their request for a portable garden centre, and further advising that they would
not be asking for any remuneration for this temporary movable garden centre.
In discussion of the above request, Mr. Winch stated that the Development Officer is precluded
from issuing a building permit for the requested garden centre - if the Deferred Widening By-Law for the
Eastern Arterial was adopted by Council, Council could then grant such request, but the problem is that I,
such By-Law has not been adopted and therefore Council does not have this option.
Mr. Vernon Kelly was present at the meeting and advised that their first application for the
proposed garden centre was for a permanent structure but since this was turned down because of the
Eastern Arterial, another garden centre was designed and the present proposal is removable from the
property, and it would be their intention that if their present operation is required to be moved, that
they would also move this proposed centre, and would not seek additional compensation from the City. Mr.
Winch advised Council that even though the present proposal is for a temporary structure, it is still
development under the Act and therefore the Development Officer cannot issue a building permit. Mr.
Winch also advised that the Planning Advisory Committee will be discussing the proposed Deferred Widening
By-Law, which had been referred by Council to the Committee for a recommendation, at its next regular .
meeting.
~
,....
297
.
I
I
.
1
Simonds
, Co-operati
Ltd.
Valerie
'- McCavou r
, mobile home
Boy Scouts
, of Canada
gran t reque
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the application from Simonds Co-operative Limited for
permission to erect a proposed garden centre to form part of their present building, which is located within
the route of the proposed Eastern Arterial, be referred to the Planning Advisory Committee for a report and
recommendation.
Councillor M. Vincent suggested that the present legislation should be looked at so that Council
could have authority to grant such requests.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the application from Mrs. Valerie McCavour for renewal
of the temporary permission regarding location of a mobile home at Lorneville, be referred to the Planning
Advisory Committee for a report and recommendation.
On motion of Councillor Murphy
On motion of Councillor Murphy
Lancaster
\ Li ttle
League
Seconded by Councillor Green
RESOLVED that the request of the Lancaster
regarding the 1983 Canadian Major Little League Tournament and the 1984 Canadian
ship Tournament, be referred to the Recreation and Parks Department for a report
grant reque t
Little League for assistance
Senior Little League Champion-
and recommendation.
Easter
Sunri se
" Se rv j ce
Fort Howe
Counc i 1
'- meeting
\ Dog By- I aw
\ petition
. '- Sloat
D.H.
'salaries of
Mayo r &
Counc i I
Ne I son J.
1 '0 Sewell
, Queen Sq. W
I
.
.....
,
petition
" Ketepec Rd
LEGAL
S E S S ION
, Joseph
Claude
Arsenault
On motion of Councillor Wayne
Seconded by Councillor ,MacCallum
RESOLVED that as requested by Reverend Tom R. Robinson on behalf of
Germain Street Baptist Church, Saint Andrew's and Saint David's United Church, and St. John's (Stone) Anglican
Church, permission be granted for these churches to hold a Sunrise Service of worship on Easter morning, April
6th, 1980 at Fort Howe, such service to begin at 5:56 a.m. and to be open to all citizens of the City of Saint
John and environs.
The Mayor noted that Easter Monday falls on April 7th, and he asked the desire of Council regarding
the Council meeting regularly scheduled for that date.
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that no Council meeting be held the week of April 7th, 1980.
Question being taken, the motion was carried with Councillors Knibb, Landers and MacCallum voting
"nay".
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the petition from citizens requesting that if there
is not already an existing by-law which prevents dogs from littering on private property, that one be prepared,
be laid on the table until Council meets with representatives of the Animal Rescue League.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. D. H. Sloat, 248 Manchester
Avenue, suggesting that the matter of salaries as suggested for the incoming Mayor and Council be placed at
election time on the ballot and that the taxpayers be permitted to decide by the majority vote whether or not
more money be paid, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Nelson J. Sewell, 311 Lancaster
Street, suggesting improvements to the park at Queen Square West, be referred to the City Manager for a report
and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the petition from residents of Ketepec Road, requesting
that the City place a high priority on the complete rebuilding of Ketepec Road as part of the 1980 capital
works program, be referred to the City Manager for a report on the work proposed in the 1980 capital budget in
this area, and that an estimate be prepared of the cost of the improvements requested by the said residents.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that this meeting continue, in legal session.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor advising of settlement
by the City's insurance company regarding an action commenced in 1978 against the City and two Police constables
as a result of the death of Joseph Claude Arsenault, be received and filed.
298
..,
MacKnight Motors
Ltd.
(motion lost)
Municipal Plan
"291 Simpson Dr.
'Donald B. Lester
, Donald R. Lester
I' -( b ,'"'(\.1-:"''1
re-zoning
conditions
During discussion, Councillor M. Vincent stated he will vote against the motion in view of the
conflict between the findings of the City's insurers, and the findings of the then Chief of Police.,
Question being taken, the motion was carried with Councillor M. Vincent voting "nay".
.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor advising that on
March 17th last Council rejected the application of MacKnight Motors Ltd. for the re-zoning of its
property located on the Ashburn Lake Road, but there remains the illegal use of the land in question as a
salvage or junkyard, and if it is sought to return the land to the condition in which it existed prior to
it being used as a junk or salvage yard, an application by the City to the Court of Queen's Bench is the
appropriate procedure, be received and filed:
I
AND FURTHER that the following resolution be adopted, namely:-
"WHEREAS MacKnight Motors Ltd. has operated and continues to operate a junkyard!salvage yard on
the company's property located on the northern side of Ashburn Lake Road in the City of Saint John:
THEREFORE BE IT RESOLVED that the Legal Department be authorized to commence proceedings
pursuant to the provisions of the Community Planning Act to secure an Order of a Judge of the Court of 1
Queen's Bench of New Brunswick that MacKnight Motors Ltd. correct its contravention of the City of Saint
John Zoning By-Law.".
Several Council members expressed the view that Council should not become involved in authorizing
specific prosecutions for by-law violations, and that such prosecutions should take place as a matter of
course. Mr. Rodgers stated that the policy of the Legal Department has been to obtain Council approval
before an action is taken to Supreme Court. He stated that if the above motion is defeated staff will
have to proceed to prosecute under the Unsightly Premises By-Law.
Question being taken, the motion was defeated with Councillors Green, Knibb, Murphy, MacCallum,
M. Vincent and Wayne voting "nay".
.
On motion
The meeting adjourned.
co:,.,~(J
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirty-
first day of March, A. D. 1980, at 7.00 o'clock p.m.
present
G. Forbes Elliot, Esquire, Deputy Mayor
I
Councillors Clark, Gould, Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Deputy
Commissioner of Engineering, D. Wilson, Deputy Commissioner of Finance,
J. F. Ross, Chief of Police, P. Clark, Fire Chief, J. Brownell, Assistant
Director of Recreation and Parks. I. Brubier, of the Community Planning
and Development Department, H. B. Steeves, Deputy Building Inspector,
G. Soucy, Labour Relations Officer, and N. MacNeil, Manager, Civic
Public Relations
.
Councillor Murphy offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on
March 24th last, be confirmed.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of property identified as L.R.I.S. Number 299966 and known as 291 Simpson Drive, by: (a)
amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan to designate the
property to Light Industrial use from Low Density Residential use, and (b) re-zoning the said property
from "RS-2" One- and Two-Fami'ly Suburban Residential to "I-I" Light Industrial classification, to permit
establishment of an auto body repair and auto repainting shop in an existing garage building, as requested
by Messrs. Donald B. and Donald R. Lester, and that no written objections were received in this regard.
No person was present to speak either against or in favour of the proposed amendments.
I
Consideration was given to the letter from the Planning Advisory Committee, dated March 26th,
1980, which recommends the above changes in the Municipal Development Plan and re-zoning, pursuant to
Section 39 of the Community Planning Act, providing for the following: (a) the use of the property shall
be restricted to an automobile body repair and painting shop; and (b) the permitted use shall be restricted
to the existing garage.
I
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land .
Use Plan to reclassify property situated at 291 Simpson Drive (L.R.LS. Number 299966) from Low Density
Residential to Light Industrial, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
....
,....
';~. :.-..... "': -.....
2J!9.
.
I
I
.
I
.
I
I
.
lIi...
,Municipal
P I an 0"
291 Simpson
Dr.
\ re-zoni ng
291 Simpson
Dr.
zon i,ng
conditions
Municipal
\ Plan
Food City
,
limi ted
G r~nd Bay
....... re-zon i ng
re-zoning
cond it ions
Lynn A.
'0 Nason
~, z.;
On motion of Councillor Murphy
Seconded by Councillor Green
IlESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property situated at 291 Simpson Drive (L.R.I.S. Number 299966) from Low Density Residential to
Light Industrial, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property situated at 291 Simpson Drive (L.R.I.S. Number 299966), from
"RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial district, subject to a resolution
pursuant to Section 39 of the Community Planning Act, providing for the following: (a) the use of the property
shall be restricted to an automobile body repair and painting shop; and (b) the permitted use shall be restricted
to the existing garage, ,be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
t;he City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property situated at 291 Simpson Drive (L.R.I.S. Number 299966), from
"RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial district, subject to a resolution
pursuant to Section'39 of the Community Planning Act, providing for the following: (a) the use of the property
shall be restricted to an automobile body repair and painting shop; and (b) the permitted use shall be restricted
to the existing garage, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan amendment and re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of the front 10 acre portion of the property formerly owned by William K. Usher, designated as L.R.I.S.
Number 295287, and located on the western side of Number 7 Provincial Highway at the boundary between the City
of Saint John and the Village of Grand Bay, by (a) amending Schedule 2-A, the Future Land Use Plan of the
Municipal Development Plan to designate the property to District Centre Commercial use from Low Density Residen-
tial, and (b) re-zoning the said property from "RS-2" Suburban Residential to "B-2" General Business classifica-
tion, to permit development of the first phase of a shopping centre which would include a food store and
neighbourhood shops in a building containing approximately 35,000 square feet, with about 20,000 square feet
in the City and 15,000 square feet in the Village of Grand Bay, as requested by Food City Limited.
Consideration was given to the letter from the Planning Advisory Committee, dated March 26th, 1980
which advises that while the Committee is not in favour of permitting a full scale district or regional
shopping facility at this or other locations without a comprehensive market study, it would support a neighbor- 0
hood_level: centre subject to a-number ,of -restrictions, which limited development is the type proposed as Phase
I of the Food City project, and it is felt that appropriate restrictions and planning approvals should mini-
mize the nature of the objections that have been received. The Committee recommends that the application be
,approved in accordance with the following recommendation of the Planning Branch in its report dated March
18th, 1980, namely:- That the front portion of the applicant's property, comprising about ten acres, be
redesignated on Schedule 2-A of the Municipal Development Plan from Low Density Residential to District Centre
Commercial and be re-zoned from "RS-2" to "B-2", subject to the developer and the City entering into an
agreement pursuant to Section 39 of the Community Planning Act providing for, but not restricted to the
fOllowing conditions: (1) a building(s) containing less than 20,000 square feet of floor area (on portion of
property situated in City); (2) the developer shall convey to (at no cost) or vest with the City a 14-foot
strip of land across the full frontage of his property for purposes of creating an additional turning lane,
and shall also pay the cost of establishing this improvement; (3) the development shall be serviced to the
satisfaction of the Engineering and Works Department, including an extension of sanitary sewerage from the
Village of Grand Bay but at no cost to the City; (4) the development shall be subject to the approval of the
Fire Marshal; (5) that building, landscaping, parking and other site plan features shall be approved by the
Deputy Commissioner of Community Planning; and (6) that the, developer acknowledge that any development beyond
20,000 square feet in floor area (on the portion of land within the City) will require a further re-zoning
application and the undertaking of a market feasibility study to be submitted and approved by the City..
Consideration was given to a letter from Mr. Lynn A. Nason, advising that he and his wife own property
adjacent to the lot being rezoned and oppose the re-zoning for the following reasons as outlined in the said
letter: they feel the proposed re-zoning to "B-2" General Business is improper and the re-zoning should really
be to a shopping centre zone and they feel that before Council proceeds to re-zone to a "B-2" district a firm
'legal opinion should be obtained as to whether or not Food City Limited has applied for the propel' zone, and
serving notice that should the City re-zone the property to "B-2", when Food City Limited or Sobeys applies
for a building permit and commences work on the site, they will resort to the Courts for an interpretation of
the By-Law concerning shopping centres; the next problem they believe Council should consider in this application
is the one concerning traffic in the area and the location of the proposed development, and they feel that the
Traffic Department of the City did not study the area very carefully from a safety point of view before
.recommending the passing lane as a panacea to all the traffic problems that will be created by the entrance to
the shopping centre in this area; that their next objection arises from general planning prerequisites of the
City ,of Saint John, and with reference to a summary concerning retail shopping which had been compiled by the
City it would appear generally that the attitude of the City is against expanding shopping centres to the
City's perhiphery, and stating that by allowing a shopping centre on Grand Bay's boundary would diminish the
number of people coming into the City from Grand Bay and districts north of Grand Bay; another problem they
can ~oresee is police protection and fire protection; suggesting that a shopping centre adjacent to their home
will depreciate their home in monetary 'terms and also in enjoyment; and also, they feel that the area to be
re-zoned is too large for the first phase of the proposed development and they feel a much smaller area should
300
..,
Lynn A. Nason
Robert Cameron
, Food City Limited
\ Municipal Plan
, Food City Limi ted
, Pat Rocca'
,
double decker bus
,
Chesley Place
be re-zoned, an area large enough for the first stage and they feel that a small re-zoned area will
allow a buffer zone with "RS-2" Suburban Residential to be between their property and the shopping
centre; and summarizing that they feel the property adjacent to them should never be re-zoned to "B-2"
General Business, that a proper market study should be done before an application is made for a propel'
re-zoning, and that the City should consider the traffic problems and other related problems before it
approves a shopping centre on one of its boundaries.
.
Mr. Nason was present at the meeting and referred to his objections to the proposal of Food
City' Limited, as outlined in his letter to Council. With reference to his primary objection that the
proposed development is in his opinion a shopping centre which requires a market study before approval,
Mr. Nason stated he feels Council must look at the project as a whole - the definition of a shopping
centre in the Zoning By-Law states 20,000 square feet, but this overall project will have a primary area
of at least 29,000 square feet, which falls within that definition. Councillor Wayne noted that 15,000 1
square feet of this development would be in the City, with the remainder in the Village of Grand Bay,
which portion has been approved by that Village. In reply to a query, Mr. Rodgers stated that he has
not studied the matter from that aspect.
Mr. Robert Cameron of the Sobey Group, which, is proposing the development under Food City
Limited, spoke in favour of the application. He referred to resolutions adopted by Common Council on
April 12th, 1977 and June 27th, 1977 whereby the Council agreed to co-operate with the Village of Grand
Bay regarding potential development of the Usher property, which property lies within both the City of
Saint John and the,Village of Grand Bay. He noted that there is no provision~for Zoning By-Laws to
apply to another municipality, however, municipalities may enter into agreements regarding cost-sharing
of services. He noted that of the replies received in response to letters forwarded by the City's
Planning Branch, 83% were in favour of the proposal and Mr. Nason was the only objector. He stated that
plans for the development will include a Sobeys store, a bank, a drugstore, and possibly a small local
service centre, such as a beauty parlour. He noted that if further expansion of the project is desired,
the applicant would be required to apply for an additional re-zoning. During discussion he stated that
the applicant has given no consideration to future development and is only concerned with Phase I of the
development, in accordance with agreement reached with the City's Planning staff. He noted that the
original application was for 100,000 square feet, while the present proposal is for 35,000 square feet
of which they intend to develop 29,000 square feet. He stated that Sobeys Stores did an abbreviated
market survey which has been given to the Planning Advisory Committee since their last meeting. In
reply to queries posed by various Council members Mr. Cameron advised that he understands the Village of
Grand Bay has approved re-zoning of the portion of the development lying within that Village; that
according to one of their surveys the market area of Grand Bay and Westfield would service a population
of approximately 31,000; that in the general area of the proposed development there presently exist
other businesses which he referred to; that the building will be similar in design to the one recently
constructed in the Village of Fairvale.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify the front 10-acre portion of property formerly owned by William K. Usher, desig-
nated as L.R.I.S. Number 295287, and located on the western side of Number 7 Provincial Highway at the
boundary between the City of Saint John and the Village of Grand Bay, from Low Density Residential to
District Centre Commercial, be read a first time.
Discussion ensued with respect to the question raised in the above letter from Mr. Nason
'regarding whether the General Business classification would be the proper zoning to permit this proposal
under the Zoning By-Law, in light of the definition of shopping centres under the by-law.
",
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table until the next
Council meeting pending additional information regarding the proper zoning classification to permit the
requested development.
I
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I
Question being taken, the tabling motion was carried with Councillors Elliot, Gould, Landers, .
Murphy and A. Vincent voting "nay".
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re-zoning, and the letter of objection from
Mr. Lynn A. Nason, be laid on the table.
Mr. Pat Rocca was present at the meeting, representing the merchants of Chesley' Place, regard-
ing the use of the English double decker bus purchased through the Merchants' Association of Chesley
Place, as outlined in his letter to Council dated March 24th, 1980. The proposal of the Merchants"
Association and The Rocca Group is to make the bus available to non-profit organizations as a convenience
during those occasions where otherwise these organizations would have to use automobile transportation
and as well, the Association would like to use the bus in the same manner as other organizations in the
~City who own and operate buses (e.g., churches) for the transportation of individuals and groups from
'different parts within the City to Chesley Place so that they may take advantage of and participate in
.the':ongoing services and activities available at Chesley Place - no intermediate stops would be made by
the bus except to pick up people who wish to go to Chesley Place and no one would be allowed to exit the
bus except at Chesley Place and the service would be made available at no charge. The letter from Mr.
"Rocca notes that the bus would not be made available, without Council's prior consent, to any organization
requesting it for transportation to any location other than Chesley Place and who has in the past or
would otherwise use the services of City Transit. The letter notes that during December 1979 they
requested permission from the Saint John Transit Commission and the proposal was turned down. Mr. Rocca
stated he would request that Council request that the Transit Commission grant them permission to pick
up passengers at King Square going to Chesley Place and return, free of charge from 11.30 a.m. to 2 p.m.
daily. Following considerable discussion regarding the proposal, and the use of the said double decker
bus for promotional and tourism purposes, and regarding whether the proposed transporting of passengers
from the centre of the City to Chesley Place would be permitted in light of legislation which gives the
'Transit Commission the exclusive right to provide transit service in the City, and whether the City can
direct the Commission in this regard, the Deputy Mayor thanked Mr. Rocca for his presentation, and
advised that Council will render a decision regarding his request, later in the meeting.
I
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301
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I
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I
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...
'\ f i na nc i a 1
statements
auditor's
\, report
H.R. Doane
\ & Company
Lorneville
\ Ratepayers
Assoc.
Leona rd
" Wi lson
Commercial
" Fishermen I
Assoc.
gravel pits
, Jos. A.
Likely Ltd
Slattery
Managemen t
& Realty
Ltd.
'gravel pit
Thomas
....
Cons t. L td
tende r
,
awarded
The Gill is
""Co. Ltd.
'N.B.E.P.C.
,Dockt:Street
Plant
fence
, (mot ion
lost)
Read a letter from Councillor Kenneth R. Gould, Chairman of Council's Finance Committee, submitting
the financial statements of the City of Saint John General Fund and the City of Saint John Water and Sewerage
Utility for the year ended December 31, 1979. Also enclosed with the Committee's letter is a presentation on
the operating highlights for the year as prepared by the Finance Department, as well as the auditor's report
prepared by H. R. Doane and Company on the said financial statements.
At this time Mr. Park gave a detailed explanation on the operating highlights of the said financial
statements and replied to various queries posed by the Council members. Representatives of the firm of H. R.
Doane and Company were also present at the meeting, and Mr. C. R. Colwell of the said firm replied to queries
regarding the auditor's report on the 1979 financial statements.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the financial statements of the City of Saint John General
Fund and Water and Sewerage Utility for the year ended December 31, 1979, and the auditor's report thereon, be
received and filed.
Mr. Norman W. Ferguson, President of the Lorneville Ratepayers Association, was present with respect
to the Association's brief regarding pollution of the millstream and tidal marshes and flats at Lorneville.
The brief states that the Association believes that the source of the pollution outlined is the dump in the
Spruce Lake area, and submits the following recommendations: (1) that dumping of garbage at the Spruce Lake
site be stopped until a full investigation can be held; (2) that the situation be investigated immediately by
qualified personnel; (3) that the Lorneville Ratepayers Association and The Commercial Fishermans Association
be represented on the investigative team; (4) that a full report of the findings be forwarded to The Lorneville
Ratepayers Association and The Commercial Fishermans Association as soon as possible; and (5) that cleanup of
the area be begun immediately. In discussing the pollution problem in this area, Mr. Ferguson elaborated on
the contents of the brief and referred to water quality reports which were received since preparation of the
brief. In addition to the points outlined in the brief, Mr. Ferguson stated that the Association feels there
will be a definite loss of property value as a result of this pollution" and another problem being experienced
is with regard to the numbers of seagulls in the area since the opening by the City of the landfill site.
During discussion, Mr. MacKinnon advised that staff has not yet received a written report from the Provincial
Environment Department, as previously requested, although the said Department does have some information, some
of ,rhich is contained in the brief from the Association, and the only information City staff presently has is
a chemical analysis from Atlantic Analytical Ltd. Mr. Ferguson advised that the water quality report was
received by the Association from Mr. R. Benoit of the Provincial Environment Department. Mr. MacKinnon
advi.sed that Mr. Armstrong of his staff will be having a further meeting with Mr. Benoit this week in regard
to the matter.
Mr. Leonard Wilson, President of the Commercial Fishermen's Association, spoke of the danger to the
fish and wildlife of this area due to the effects of the pollution in this area, and expressed his concern
with the danger of runoff finding its way into the Burchill Stream, which empties into the Musquash marsh
area.
Following discussion regarding the Association's brief, the Deputy Mayor advised that Council will
render a decision regarding this matter, later in the meeting.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that in accordance with the recommendation of the City Manager
and the Building Inspector, approval be granted for acceptance of performance bonds in the amounts noted, for
the guarantee of the rehabilitation of the following gravel pits, namely: (1) Joseph A. Likely Limited, Golden
Grove Road (Shaw's Lake) - $3,500.00; (2) Joseph A. Likely Limited, Manawagonish Road (Carvell Pit) - $15,000.00;
and (3) Slattery Management & Realty Limited, Latimer Lake (Old Phinney property) - $30,000.00:
AND FURTHER that the letter from the City Manager and Building Inspector in the above matter, advising
that these gravel pits at present do not conform to the slope requirements of the Zoning By-Law, but staff
have an undertaking in writing from the owners, which the Building Inspector's office will enforce, that the
banks will be brought to standard as soon as excavation permits are issued and weather permits.
(Councillor Gould withdrew from the meeting)
In reply to a query of Councillor Wayne, the Deputy Mayor asked that the City Manager investigate
and report to Council regarding the grades of the Joseph A. Likely Limited pit on Manawagonish Road.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that in accordance with the recommendation of the City Manager
and the Deputy Building Inspector, approval be granted for acceptance of a performance bond in the amount of
$4,000.00 for guarantee of the rehabilitation of the gravel pit operated by Thomas Construction Ltd., located
on Latimore Lake Road (off Grandview Avenue).
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager and Deputy Commissioner
of Housing and Renewal Services, the contract for the installation of a fence to contain the present New
Brunswick Electric Power Commission site on Union and Smythe Streets be awarded to The Gillis Company Limited,
in the amount of $5,950.00, being the lowest quotation received.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the above matter be laid on the table until such time
as pUblic tenders are called.
Question being taken, the tabling motion was lost with the Deputy Mayor and Councillors Clark,
Green, Knibb, Murphy, Pye and Wayne voting "nay".
In reply to a query of Councillor Wayne as to the urgency for construction of the said fence, Mr.
McDermott advised tliat the contractor only has 42 days to demolish the property.
3U2
..,
(motion lost)
, N.B.E.P.C.
, Dock Street plan
fence
Water & Sewer
,
Rate Study
H.R. Doane &
'\ Company
, I rv i ng Pu 1 p &
Paper mi II
water & sewage
accounts -
outstanding
Chitticks (1962)
" Ltd.
,D. Hatfield, Ltd.
\ Babads$ye
Lancaster Lagoon
, Lift Station
C.M.H.C.
,
B.o_nd>:~I's ~",e
Champlain-Lakewoo
Trunk Sewer
" C,M.H.C.
(Councillor Gould re-entered the meeting)
Question being taken, the motion was lost with the Deputy Mayor and Councillors Gould, Landers,
MacCallum, A. Vincent, M. Vincent and Wayne voting "nay". .
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that tenders be called for the installation of a fence to
contain the present New Brunswick Electric Power Commission site on Union and Smythe Streets, with the
tender to be awarded within three weeks.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager advising that in
light of the 1979 operating results of the Water and Sewerage Utility and the trend of escalating cost
and minimal gains in revenue, it is recommended that the Water and Sewer Rate Study of 1975/1976 be
updated for the purpose of developing user rates for 1980 to 1983, and recommending that proposals be
obtained from H. R. Doane and Company and other qualified firms competent to perform the required
Study -- be received and filed and the recommendation adopted.
Regarding the terms of reference with respect to the above proposal call, the Deputy Mayor
suggested that such information could be forwarded to the Council members as an information item.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the City Manager be requested to study and report
to Council regarding deficiency charges with respect to the consumption of water by the Irving Pulp and
Paper mill, and submit recommendations to Council in this regard.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that Council be supplied with an itemized list of all
water and sewerage accounts receivable, amounting to $500.00 or more, and which have been outstanding
for at least one year.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that as recommended
granted for payment of the following invoices, namely:~
Chitticks (1962) Ltd. - supplying sanitary landfill cover,
run gravel
- equipment'rental
- equipment rental (Works Dept.)
by the City Manager, authority be
D. Hatfield, Ltd.
sand and pit
March 1-15,
March 1-15,
March 1-15,
1980
1980
1980
$ 7,455.52
$ 7,741. 68
$ 6,278.88
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter
27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto,
and the Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise
for the carrying on of any public civic works or needed civic improvements, to borrow any sum or sums of
money for any such purpose and to issue debentures to secure the repayment of such monies:
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 16th day of
December 1971 between Central Mortgage and Housing Corporation and the Corporation of The City of Saint
John, pertaining to the construction of Lancaster Lagoon Lift Station, has agreed on April 1st in each
year to issue to Central Mortgage and Housing Corporation a debenture of The City of Saint John equal in
amount to the principal amount advanced in the preceding twelve months period by Central Mortgage and
Housing Corporation to The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $387,027.62
bearing interest at the rate of 7 1/2% pel' annum calculated half-yearly, not in advance, commencing on
the first day of April, 1978.
That payment of interest and instalments of principal be made on April 1st annually over a
term of fifteen years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office
of The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing
hereunder or any part thereof at any time prior to the first day of April in the year 1992.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said
debenture on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the
Seal of the Corporation.".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter
27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto,
and the Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise
for the carrying on of any public civic works or needed civic improvements, to borrow any sum or sums of
money for any such purpose and to issue debentures to secure the repayment of such monies:
I
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....
,...
,
~03
,
.
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I
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I
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I
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....
, ;Bond J ssue
Western
" Residentia
Area
Co 11 ector
, C.M.H.C.
- Bond Issue
Western
, Industrial
Area
Collector
" C.M.H.C.
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 21st day of December
1912 between 'Central Mortgage and Housing' Corporation arid the Corporation of The City of Saint John, pertaining
to the construction of Champlain-Lakewood Trunk Sewer, has agreed on Dctober 1st in each year to issue to
Central Mortgage and Housing Corporation a debenture of The City of Saint John equal in amount to the principal
amount advanced in the preceding twelve months period by Central Mortgage and Housing Corporation to The City
of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $516,939.28 bearing
interest at the rate of 7 7/8% per annum calculated half-yearly, not in advance, commencing on the first day
of October, 1974.
That payment of interest and instalments of principal be made on October 1st annually over a term of
twenty years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of
The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or
any part thereof at any time prior to the first day of October in the year 1993.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture
on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the Seal of the Corpor~t
ati6n." .
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter 27 of
the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the
Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise for the carry-
ing on of any public civic works or needed civic improvements, to borrow any sum or sums of money for any such
purpose and to issue debentures to secure the repayment of such monies:
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 21st day of December
1972 between Central Mortgage and Housing Corporation and the Corporation of The City of Saint John, pertaining
to the construction of Western Residential Area Collector (consisting of approximately 8,300 lineal feet of
36" interceptor sewer) has agreed on July 1st in each year to issue to Central Mortgage and Housing Corporation
a debenture of The City of Saint John equal in amount to the principal amount advanced in the preceding twelve
months period by Central Mortgage and Housing Corporation to The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $220,105.36 bearing
interest at the rate of 7 1/8% per annum calculated half-yearly, not in advance, commencing on the first day
of September, 1975.
That payment of interest and instalments of principal be made on ,September 1st annually over a term
of fifteen years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of
The Bank of Nova Scotia in Ottawa; Ontario.
Provided that the Corporation shall have ,the privilege of paying the whole amount owing hereunder or
any part thereof at any time prior to the first day of September in the year 1989.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture
on behalf of the Corporation and the Common Clerk be hereby, authorized to affix thereto the Seal of the
Corporation.u.
On motion of Councillor Green
Seconded by Councillor MacCallum
RESOLVED that the fOllowing resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter 27 of
the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the
Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise for the carry-
ing on of any public civic works or needed civic improvements, to borrow any sum or sums of money for any such
purpose and to issue debentures to secure the repayment of such monies:
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 13th day of December
1973 between Central Mortgage and Housing Corporation and the Corporation of The City of Saint John, per-
taining to the construction of Western Industrial Area Collector (consisting of approximately 10,000 lineal
feet of 24" to 36" interceptor sewer), has agreed on July 1st in each year to issue to Central Mortgage and
Housing Corporation a debenture of The City of Saint John equal in amount to the principal amount advanced in
the preceding twelve months period by Central Mortgage and Housing Corporation to The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $321,972.50 bearing
interest at the rate of 8% per annum calculated half-yearly, not in advance, commencing on the first day of
September, 1975.
That payment of interest and instalments of principal be made on September 1st annually over a term
of fifteen years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of
The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or
any part thereof at any time prior to the first day of September in the year 1989.
304
..,
,
Bond -/ ssue
,
Carpenter Place
i- Lif.1 Station
,
C.M.H.C.
Bon d""Js sue
, North End urban
renewal
,
C.M.H.C.
,8qndo I ssue_
_--=- -0_
'North End urban
renewal
'- C.M.H.C.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said
debenture on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the
Seal of the Corporation.".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter
27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto,
and the Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise
for the carrying on of any public civic works or"needed,civic~improvements, to borrow any sum or sums of
money for any such purpose and to issue debentures to secure the repayment of such monies:
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 9th day of October
1974 between Central Mortgage and Housing Corporation and the Corporation of The City of Saint John,
pertaining to the construction of Carpenter Place Lift Station, has agreed on July 1st in each year to
issue to Central Mortgage and Housing Corporation a debenture of The City of Saint John equal in amount
to the principal amount advanced in the preceding twelve months period by Central Mortgage and Housing
Corporation to The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $441,665.75
bearing interest at the rate of 10 3/8% per annum calculated half-yearly, not in advance, commencing on
the first day of July, 1978.
That payment of interest and instalments of principal be made on July 1st annually Over a term
of fifteen years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office
of The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing here-
under or any part thereof at any time prior to the first day of July in the year 1992.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said
debenture on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the
Seal of the Corporation.".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter
27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto,
and the Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise
for the carrying on of any public civic works or needed civic improvements, to borrow any sum or sums of
money for any such purpose and to issue debentures to secure the repayment of such monies:
AND WHEREAS the Corporation by virtue of Section B (3) of an Agreement dated the 28th day of
November 1968 between Central Mortgage and Housing Corporation and The Corporation of The City of Saint
John and Her Majesty the Queen in Right of the Province of New Brunswick pertaining to an urban renewal
scheme in an area comprising approximately 198 acres of land in the North End Area of The City of Saint
John has agreed on July 1st in each year to issue and deliver to Central Mortgage and Housing Corporation
a debenture of The City of Saint John equal in amount to the principal amount advanced in the preceding
twelve months period by Central Mortgage and Housing Corporation to The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $216,280.85
bearing interest at the rate of 6 7/8% per annum commencing on the first day of July, 1979.
That payment and interest and instalments of principal be made on July first annually over a
term of fifteen years in accordance with the schedule hereto annexed.
That such payments of interest and principal be made at par as they fall due at the main
office of The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing
hereunder or any part thereof at any time prior to the first day of July in the year 1993.
That the Mayor and Common Clerk of the Corporation be hereby authorized to 'sign the said
debenture on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the
Seal of the Corporation.".
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter
27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto,
and the Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise
for the carrying on of any public civic works or needed civic improvements, to borrow any sum or sums of
money for any such purpose and to issue debentures to secure the repayment of such monies:
AND WHEREAS the Corporation by virtue of Section B (3) of an Agreement dated the 28th day of
November 1968 between Central Mortgage and Housing Corporation and The Corporation of The City of Saint
John and Her Majesty 'the Queen in Right of the Province of New Brunswick pertaining to an urban renewal
scheme in an area comprising approximately 198 acres of land in the North End Area of The City of Saint
John has agreed on July 1st in each year to issue and deliver to Central Mortgage and Housing Corporation
a debenture of The City of Saint John equal in amount to the principal amount advanced in the preceding
twelve months period by Central Mortgage and Housing Corporation to The City of Saint John:
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305
,
.
I
1
\
C.B.D.
rev i ta 1 i za t i 0
.
I
Planning
Advis. Comm.
.
Preservation
, Rev i ew Bd.
1
preserva t ion
area
King St,
Charlotte St
Water St
Broad St
Ki ng Sq
Sydney St
King St. East
leinster St
Queen Sq
Mecklenburg S
St. Andrews S
I
Market Square
, Comp I ex
. B,i'11, for N.B.
, Leg i 5 J a t u re
iii..
THEREFORE BE IT RESOLVED AS FOLLOWS
That the Corporation do create and issue a debenture of a principal amount of $75,858.85 bearing
interest at the rate of 6 7/8% per annum commencing on the first day of July, 1980.
That payment and interest and instalments of principal be made on July first annually over a term of
fifteen years in accordance with the schedule hereto annexed.
That such payments of interest and principal be made at par as they fall due at the main office of
The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or
any part thereof at any time prior to the first day of July in the year 1994.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture
on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the Seal of the
Corporation." .
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the report from the City Manager, dated March 28th, 1980,
advising that soon after taking office in May 1977, Council decided that a first priority for the City was the
revitalization of the Central Business District, which policy decision resulted in the actions outlined in the
report; and stating that as a result of the work done to date and recent developments concerning the Market
Square project, staff is prepared, to make the following recommendations: (1) Utilities (Hydro, N.B. Tel, Cable
TV) (a) distribution system be placed underground on selected streets in the CBD; (b) service entry connections
be made to the exterior of the buildings and by the way of conduits to the existing overhead connections; (2)
Cost Sharing (a) as there are definite improvements and advantages to Hydro by placing the utilities underground,
the City Manager should be authorized to negotiate a cost sharing arrangement with the utilities for the
distribution system; (b) service entry costs or customer connections may be paid by the City to the side of
the building: (c) other sources of funding to be investigated by the City Manager, such as Community Services
Improvement Program; (d) the reconstruction of King Street is party funded by monies allocated under the
Market Square Project; (~) Business Community (a) the City should receive commitment from this sector as their
share of the revitalization, a property frontage improvement plan; (b) the City should also receive an acceptance
of this plan, not only as it relates to the finished project, but a recognition of the fact the inconvenience,
disturbances and possibly even some financial losses may be inevitable on the way to the realization of this
project; (c) furthermore, the patience and understanding of the public, media, etc. will also be required; (4)
Priorities and Schedules (a) with the approach of the Bicentennial and a start of the Market Square project,
the staging as outlined in the report should be adopted; (b) staging beyond 1984 should be reviewed and
assessed possibly late 1981 or early 1982; (c) Council approval is needed to allow the consultants to begin
the next phase which is the detail design and preparation of contract documents for construction; (d) preliminary
cost estimates are submitted; and (5) Teach-In: (a) as proposed by the City Manager earlier, a teach-in should
be held within 2-3 weeks to allow Council and staff further input and discussion -- be received and filed and
the recommendations contained therein be adopted.
Councillor Landers expressed his opposition to the expenditure of funds between 1980 and 1981 on the
revitalization of Union Street, as recommended by the City Manager.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the 'letter from the Planning Advisory Committee regarding
revitalization of the central business district, submitting guidelines to be used by Common Council for the
funding and implementation of improvements in the central business district over the next five years or so,
which had been tabled at the last Council meeting, be taken from the table and received and filed.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Preservation Review Board, recommending
that the following area be designated by Common Council as a preservation area:- (a) the area bounded by King,
Charlotte, Water and Broad Streets; (b) King Square; (c) properties fronting on Sydney Street, between King
Street East and Leinster Street; (d) properties fronting on King Square South; (e) Queen Square; (f) properties
fronting on Queen Square, North and South; (g) properties fronting on Sydney Street between Mecklenburg Street
and St. Andrews Street; (h) property on the northeast corner of the intersection of Sydney Street and Mecklenburg
Street; and (i) property on the southeast corner of the intersection of Sydney Street and St. Andrews Street --
be received and filed and the recommendation adopted.
During discussion of the above recommendation, concern was expressed with including the area on
Sydney Street, between King Street East and Leinster Street, which the City is anticipating be the area to
facilitiate a new Provincial Justice facility, in the preservation area. The question of why the parking lot
on King Square is being recommended for inclusion in the preservation area, was also raised.
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that the recommendation of the Preservation Review Board
for designation of the area outlined in their letter as a preservation area, be referred back to the Preservation
Review Board for reconsideration.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Solicitor advising that for
a nllinber of years Council, through the Urban Renewal Partnership, has been acquiring and assembling land in
the Dock Street, Market Slip area for the Market Square Complex, and as the project involves considerable
financing, title to the land must be established in such a way that there are no outstanding questions about
ownership; further advising that in the circumstances of this project, and having regard to the government
contributions involved, the private financing required, the solicitor for the Developer is requesting that
private legislation be sought to eliminate any question which may arise respecting title to any portion of the
property, the purpose of such legislation being to establish satisfactory title from the date the legislation
is enacted, be received and filed:
3U6
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Market Square
,
Complex
, Bicljl;for 'th,B.
Legislature
'Traffic By-Law
, Crown St reet
, Pe tit i on
parking - CrownSt.
'Traffic By-Law
Committee of the
Whole Report
'Bicentennial Comm.
1.
M.M. Somerville
Shirley Dysart
J. Esmonde Barry
Neil MacNeil
Dr. E. Lung
Joseph Horgan
Arthur Pottle
Robert Lockha rt
Lloyd R i ley
Fred Hazel
Ronald Doucette
Pol ice Chief
Dr. Eric Stanley
G. Finley
Gordon Mouland
Thomas McGloan
budget
,Fundy Reg i on
Development Comm.
Stephen Cook
Preservat ion
Review Bd.
Douglas Patterson
AND FURTHER that authority be granted for the preparation of a Bill for presentation at the
current session of the New Brunswick Legislature, as recommended in the above letter from the City
Solid tor.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor submitting a
draft of proposed legislation regarding establishment of the Market Square Corporation, be laid on the
table until the next meeting of Council, pending dllicussion by Council regarding the proposed legislation.
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
Consideration was given to a letter from the City Solicitor submitting proposed amendments to
the Traffic By-Law regarding the prohibition of parking on both sides of Crown Street for its entire
length, and regarding the designation of limits of 60 km/h and 70 km/h on various City streets, as
previously approved by Council.
Consideration was also given to a petition from residents opposing the proposed amendment
regarding the elimination of parking on Crown Street.
On motion of Councillor Wayne
Seconded by Councillor Pye
RESOLVED that sections 1 and 2 of the submitted amendment to the
Traffic By-Law, with regard to the elimination of parking on Crown Street, be deleted from the proposed
amendment.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the petition from residents opposing the elimination
of parking on Crown Street, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law
Respecting Traffic On Streets in The City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973, and Amendments Thereto", be read a first time.
.
I
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Read a first time the by-law entitled, "A By-Law to Amend A ByLaw Respecting Traffic On
Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments 'I
Thereto" .
Councillor Landers proposed a motion that the above changes in the various speed limits be
advertised in the newspaper. It was suggested that this motion should be considered following third
reading of the proposed Traffic By-Law amendment.
Read 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 begs leave to report that it sat on March 3rd, 1980, when there were present .
Deputy Mayor Elliot and Councillors Clark, Green, Landers, Murphy, Pye, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
That the following persons be appointed to the Bicentennial Committee:
Chairman - (awaiting confirmation)
Vice-Chairman - Mr. M. M. Somerville
Secretary - Mrs. Shirley Dysart
Treasurer - Mr. J. Esmonde Barry
Committee Secretary - Mr. Neil MacNeil
Sub-committee Chairmen - Education - Dr. E. Lund
Visitor & Convention - Mr. Joseph Horgan
Sports - Mr. Arthur Pottle
Special Events - Mr. Robert Lockhart
Finance - Mr. Lloyd Riley
Public Relations - Mr. Fred Hazel
Military Co-Ordinator - Mr. Ronald Doucette
Police Chief
Arts - Dr. Eric Stanley
Historical - Mr. G. Finley
International - Mr. Gordon Mouland
Intergovernmental - Mr. Thomas McGloan
2.
That an interim budget of $3,000.00 be approved for the Bicentennial Committee.
3.
That Mr. Stephen Cook be appointed to the Fundy Region Development Commission.
4.
That Mr. Douglas Patterson be appointed' to the Preservation Review Board.
Saint John, N. B.,
31st March, 1980.
Respectfully submitted,
(sgd.) G. Forbes Elliot,
Chairman.
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,307
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I
'1-
Comm i tt ee
of the Whole
Report
.
deStecher,
"Miller &
Law Ltd.
North/South
" Arter i a I
I
appraisals
.
I
Comm i ttee of
the Whole
Repo rt
I
Bi 11 for ILB.
, Legislature
Pension Act
.
Il..
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
~ESOLVED that section 1 of the above report be adopted.
Question being taken, the motion was carried with Councillor Landers voting "nay', stating
that he feels the appointment of the Bicentennial Committee should not be made until after the forthcoming
municipal election.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that section 3 of the above report be adopted.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that section 4 of the above report be adopted.
Councillor Landers voted "nay" to the above motion.
Read 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 begs leave to report that it sat on March 10th, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Murphy, Pye, A. Vincent and Wayne, and
your Committee submits the fOllowing recommendation, namely:-
1. That the firm of deStecher, Miller & Law Ltd. be engaged to prepare appraisals regarding the
following areas: (a) the properties bounded by Rockland Road, Chubb Street and the old Moore Street
area, as shown outlined in red on the plan submitted by the said firm; and (b) the area bounded on the
south by Rockland Road, on the west by Kitchener Street and on the north by Barker Street, being an
area immediately west of the proposed roadway, outlined in green on the submitted plan; at a price to
be negotiated by the City Manager, with such appraisals to be submitted to the Land Committee by the
end of April, 1980.
Saint John, N. B.,
31st March, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that the above report be received and filed and the
recommendation contained therein be adopted.
During discussion of the above recommendation, Councillor Wayne expressed her concern with
the proposed land assembly in the Rockland Road area, and her concern with action taken by Council at
the last meeting in purchasing five properties in this area, before a full report on all properties has been
received by Council. Councillor Clark also expressed his opposition to the proposed land assembly, and
noted that the City has no authority to expropriate properties for such purpose.
"nayll..
Question being taken, the motion was carried with Councillors Clark, MacCallum and Wayne voting
Read 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 'begs leave to report that it sat on March 24th, 1980, when there were present Mayor
Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum, Pye, M. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
1. That approval be given for the preparation of a Bill for presentation at the current session of
the lIew Brunswick LegiSlature for the following changes in the Pension Act:-
(a) to allow the Board of Trustees to charge interest on instalment payments for
employees who have elected to purchase pensionable service;
(b) to authorize the Board to enter into contracts for the management of pension
fund investments;
(c) to reduce the eligibility period to receive a pension to ten years of service;
(d) to permit employees to retire when total years of service and age are equal to
eighty-five before attaining the age of sixty-five;
(e) to permit employees after at least ten years of service to retire and receive
an adjusted pension and to specify the formula for calculating the adjusted pension;
.:;0 - :L.cv:5_r~2 -<:-c.;<:. B.J] 2: -~~, c' . ::; - ()
(f) to provide that an employee who terminates employment may receive a paid-up
pension after ten years of service payable at normal retirement age;
308
"
" Pens i on Act
Bill fo r N. B.
, Legislature
Kennebecasis Rowin
, Club Inc.
grant request
" Eastern Arterial
Deferred Widening
"
By-Law
, Con tro II ed Acces s
By- Law
, (mot ion lost)
(g) to permit employees who were not able to join the pension plan by reason of age
to purchase pensionable service for the number of years employed;
(h) to increase employees contributions to eight and one-half percent of annual
salary effective July 6, 1980 and to increase pensions payable;
(i) to base pensions on the average of the three highest salary years and to in-
crease maximum pensions to $25,000;
(j) to provide for an 'increase to pensions and disability allowances being paid by
4% for each year from the later of the date of retirement or January 1, 1978 to
December 31, 1980;
(k) to delete reference to widow or wife in Section 9 (3) and substitute spouse
and to permit a spouse to receive a pension until death;
(1) to increase surviving spouse's pension or disability allowance to sixty percent
of deceased spouse's pension;
(m) to replace Table lA of the Act to give effect to the said amendments.
2. That the request of the Kennebecasis Rowing Club Inc. for financial assistance regarding
participation~in an international regatta to be held in Newcastle, England on May 31st and June 1st
next, be denied.
Saint John, N. B.,
31st March, 1980.
Respectfully submitted,
(sgd,) Samuel Davis,
Chairman.
(Councillors Clark and M. Vincent withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that section 2 of the above report be adopted.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
(Councillor Gould withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee
recommending that Council give second and third readings to the proposed Deferred Widening and Controlled
Access By-Laws for the Eastern Arterial, be received and filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law Respecting Controlled Access Under the
Authority of The Community Planning Act", be read a second time.
Read a second time the by-law entitled, "A ByLaw Respecting Controlled Access Under the
Authority of The Community Planning Act".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A ByLaw Respecting Controlled
Access Under the Authority of The Community Planning Act", be read a third time and enacted and the
Corporate Common Seal affixed thereto.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that third reading of the said by-law be laid on the
table until the next meeting of Council.
Question being taken, the tabling motion was lost with the Deputy Mayor and Councillors
Green, Knibb, Landers, Murphy, MacCallum, Pye and Wayne voting "nay".
(Councillor Landers withdrew from the meeting)
Question being taken, the motion was carried yithCouncillor A. Vincent voting "nay".
The by-law entitled, "A By-Law Respecting Controlled Access Under the Authority of The
Community Planning Act" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by'Councillor Murphy
RESOLVED that the by-law
Widening Under the Authority of The Community Planning Act", be
entitled, "A By~Law Respecting Deferred
read a second time.
Read a second time the by-law entitled, "A By-Law Respecting Deferred Widening Under the
Authority of The Community Planning Act".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law Respecting Deferred
Widening Under the Authority of The Community Planning Act", be read a third time and enacted and the
Corporate Common Seal affixed thereto.
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309
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Simonds
Co-operativ
, Ltd.
I
ga rden cen t r
Land Comm.
I
Cedar Point
\ Trai ler
Pa rk
Land Comm.
, Ea r I e Pond
.
73 St. James
" Street West
, Ag reement
I
'National
Harbours
Boa rd
land
exchange
Finance
" .
Comm I tt ee
audit &
banking
" .
serVices
.
'\. Fi nance
Comm i tt ee
Audit
" Comm i ttee
I
'Finance
Committee
banking
I
" Env i ronmen t
Comm i ttee
.
"S.J. Harbour
& Rive r
III...
The by-law entitled, "A By-Law Respecting Deferred Widening Under the Authority of The Community
Planning Act", was read in its entirety prior to adoption of the above resolution.
Qn motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council authorize Simonds Co-operative Limited to erect a portable garden centre in the proposed alignment of
,
the Eastern Arterial subject to the Company and the City entering into an agreement providing for the following:
(a) the company will waive its right to additional compensation as a result of the portable garden centre at
such time as the Company's property is acquired; and (b) the agreement shall be filed in' the Registry Office
and shall bind successive owners.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the Land Committee regarding the transfer
of lots in the Cedar Point Trailer Park be received and filed and the following recommendations contained
therein be adopted, namely: (1) that letters be sent to those tenants who are purchasing lots in the Park
advising them that they will not have to pay rent for the month of April, as there is a delay in transferring
the title 'of the property to the new owners; (2) that letters be hand delivered to those tenants who must
vacate the Park by April 30, 1980; and (3) that the remaining lots, namely, Lot Numbers 4, 11, 12, 18, 20, 47
and 48 be sold on a first-come first-serve basis. .
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, Mr. and Mrs. Earle
Pond be permitted to sign an agreement of purchase and sale with the City of Saint John for the purchase of
Lot No. 15 at the Cedar Point Trailer Park, which they presently lease.
(Councillors Clark, Landers and M. Vincent re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the Legal Department
be instructed to take whatever steps are necessary to re-acquire full title to the property situate at 73 St.
James Street West and that the City is to absorb the outstanding Provincial Property taxes in the amount of
$1,809.05 and Water and Sewage Rates in the amount of $981.24; and that the Finance Department be instructed
to establish a more aggressive method of collection.
On motion of Councillor Murphy
Seconded by Councillor Pye
RESOLVED that as recommended by the Land Committee, the submitted Exchange
Agreement between the City of Saint John and the National Harbours Board, providing for the conveyance of
seven National Harbours Board lots for six City-owned lots; a restriction upon filling in Market Slip; temporary
Board parking on City property on Water Street; the payment to the City of the purchase price received by the
Board for two lots on Albert Street and the right to maintain Municipal Services through lots to be conveyed
to the Board, be approved, and that the Mayor and Common Clerk be authorized to execute the submitted Exchange
Agreement on behalf of the City.
(Councillor Gould re-entered the meeting)
Read a letter from Councillor Kenneth R. Gould, Chairman of the City's Finance Committee, advising
that the said Committee reviewed the question of calling tenders for auditing and banking services, submitting
recommendations with regard to auditing services, and advising that until a desire to change is clearly
established, the City should not consider changing its bankers.
On motion of ,Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by Council's Finance Committee, the Committee's
name be changed to Audit Committee, and that the following terms of reference of the Audit Committee be
approved, namely: (a) to review the City's financial statements before they are approved by the Council; (b)
review arrangements for the audit, including its scope and the timing of its completion; (c) review significant
weaknesses in internal control, which may be brought to the Committee's attention by the Auditors; (d) review
the reasonableness and adequacy of the audit fee; and (e) recommend the audit firm to be engaged.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by Council's Finance Committee, until a
desire to change is clearly established, the City not consider changing its bankers.
Councillor A. Vincent declared his interest in the above matter, stating that he is a shareholder of
the Bank of Nova Scotia. Councillor Clark also declared his interest in this regard.
Question being taken, the motion was carried with Councillor Landers voting "nay".
Prior to adoption of the above recommendations of Council's Finance Committee, Councillor Landers
stated he feels the City should call for proposals for its auditing and banking services.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from Mr. Barry Morrison, Chairman of the City's
Environment Committee, advising that Captain Stark has approached the Committee with a view to investigating a
problem that he has perceived to exist in the City of Saint John inVOlving some motor oil being indiscriminately
dumped into the Saint John River and Saint John Harbour, which apparently is coming from individual citizens
of the City when they change the motor oil,in their automobiles, be referred to the City Manager to determine
how the Federal and Provincial laws in this regard can be implemented.
310
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'Ian Street
On motion of Councillor M. Vincent
'flooding
'city-owned land
, po 1 icy
'hazardous waste
products
'sports comp I ex
\
Jack D. Levine
re-zoning appl icatlo
\ I rvi;ing Oi 1 Limited
re-zoning appl icatio
l';iO Hltl,;;jvJ~(_"v'~lI
,2..1)
Shamrock Realty Ltd.
,
,691 Somerset Street
re-zoning conditions
,Margaret Jensen
,
mobile home
Stephen Inter ior
, Des i 9 n
S.J. Const. Assoc.
,
Rothesay Avenue
storm sewers
'^'
b,t-
)\~~
Seconded by Councillor Gould
~ESOLVED that the matter of floOding on Ian Street in Champlain
Heights be referred to the City Manager for a report and recommendation.
.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the City Manager prepare for Council policy recommen-
dations that can be implemented for disposing or leasing of some of all of the City's leasehold land,
freehold land, and buildings of various kinds.
On motion of Councillor Landers
I
Seconded by Councillor Murphy
RESOLVED that the letter from Deputy Mayor Elliot advising that
recent television programs and newspaper articles have dealt with the problems that certain communities
are having because care was not taken in the past, and in some cases is still not being taken, in the
disposal of poisonous and contaminating materials, be received and filed and the City Manager be requested
to prepare a report on how such substances are disposed of in Saint John and make recommendations to
govern their disposal so as to eliminate future pollution problems.
I
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from Councillor Landers regarding the
need for Saint John to have adequate sports/convention/entertainment facilities, be referred to the City
Manager for a report, and that the City Manager also be requested to review the study which was undertaken
regarding a sports complex for the City.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. Jack D. Levine, advising
that he wishes to withdraw his previous application for permission to add a basement apartment at III
Manners Sutton Road, be received and filed.
.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from Mr. Rodney J. Gillis, solicitor for
his client wishes to review the plans regarding the proposed re-zoning
of Manawagonish Road and Hillcrest Drive, and would ask that the
be receiveQ and filed.
Irving Oil Limited,
of property located,
matter be withdrawn
advising that
at the corner
at this time,
Deputy Mayor Elliot advised that due to a possible conflict regarding the next matter, he will
be withdrawing from the Council Chamber.
1
On motion of ' Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that Councillor Green be appointed as chairman of
the meeting during consideration of the next item.
(Deputy Mayor Elliot withdrew from the meeting and Councillor Green assumed the Chair).
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from Shamrock Realty Ltd. requesting
permission for a building permit to permit a small addition to house their'component saw and another
addition to the end of their building located at 691 Somerset Street to enable installation of a modern
press for their truss operation, be received and filed:
.
AND FURTHER that Common Council resolution of July 23rd, 1968 which authorized re-zoning of
the above property pursuant to Section 19A of the Community Planning Act, be amended to permit the
development as outlined by Shamrock Realty Ltd.
(Deputy Mayor Elliot re-entered the meeting and assumed the chair)
On motion of Councillor Wayne
I
Seconded by Councillor MacCallum
RESOLVED that the letter from Mrs. Margaret Jensen requesting
extension of the permit regarding the location of a mobile home at Willow Grove, be referred to the
Planning Advisory Committee for a recommendation.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the letter from Ms. Vivian Stephen, President of
Stephen Interior Design, advising that they are pleased that the Council has upgraded their tendering
procedures to accommodate the small business of Saint John: and stating that they were never advised to
approach the Purchasing Agent to register with the City's suppliers list at any given time and were not
even aware of such procedures until the question of the drapery contract for City Hall arose, be received
and filed.
I
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. P. D. Darrah, Executive
Director of the Saint John Construction Association, Inc. regarding recent flooding on Rothesay Avenue,
suggesting that the City install new storm sewers on Rothesay Avenue this coming summer, be referred to
the City Manager for a report and recommendation.
.
~
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I
1
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I,
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I'
1
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...
N.B. School
Trustees'
,
Assoc.
bus-loading
zones
311
On motion of Councillor Murph~
l.'"
Seconded by Councillor Landers
RESOLVED that the letter from the New Brunswick School Trustees'
Association seeking Council's support of a resolution adopted by the Association at its 1979 annual meeting -
regarding the providing of safe bus-loading zones in subdivisions, be referred to the Planning Advisory Committee
for a report and recommendation.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that Council urge the Saint John
S.J. Transi look favourably on the request of The Rocca Group Limited regarding the proposed use
Comm. the Merchants' Association of Chesley Place on a no-charge basis for promotional and
the purpose of transporting passengers from King Square to Chesley Place, during the
p.m.
bus, eng 1 is
,
doub 1 e-
decker
\
Lornevi lIe
Ratepayers
Assoc.
pollution
LEGAL
S E S S I 0
Keddy's
, Motor
Hotel
brl ck
veneer
, Leg i s I at i 0
Market
\ Squa re
Corporat i n
\. Rocca
'- Arcop
Transit Commission to
of a double decker bus by
tourism purposes, and for
hours of 11.30 a.m. to 2
Question being taken, the motion was carried with Councillor Pye voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the presentation made at this Council meeting on
behalf of the Lorneville Ratepayers Association regarding pollution of the millstream and tidal marshes and
flats at Lorneville, be referred to the City Manager for a report and recommendations, and if necessary, a
comrrrittee be established to investigate this matter, such committee to include a representative of the Lorneville
Ratepayers Association and the Commercial Fishermen's Association:
AND FURTHER that a copy of the brief presented by the Lorneville Ratepayers Association be forwarded
to Mr. Brian B. Barnes, Deputy Minister of the Provincial Environment Department.
In'reply to a query of Councillor A. Vincent, Mr. Rodgers advised that he will be submitting a
report regarding the acquisition of properties for the Church Avenue Overpass, as previously requested by
Council, at the next regular meeting.
Prior to the regular Council meeting, a Legal Session was held when there were present Mayor Davis
and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum, Pye, A. Vincent, M. Vincent
and Wayne.
Consideration was given to a report from Mr. H. B. Steeves, Deputy Building Inspector, dated March
20th, 1980 submitting a summary of events related to the brick veneer walls of the Keddy's Motor Hotel building
and stating that in his opinion this building is dangerous, posing a risk to life and limb of the general
public from falling brick, and he would recommend that Common Council, by virtue of Section'17 of the 1925
Building Act, order that a full investigation of the brick veneer on the convention wing of this building be
carried out by a qualified professional engineer.
Mr. McDermott advised that since the above report was written, a copy of the report requested by
Keddy's from Mr. W. Roberts, Professional Engineer, has been received, copies of which had been forwarded to
the Council members. submitting recommendations following an inspection of the exterior brick walls of the
Hotel building. He stated that if Keddy's are not willing to co-operate in making the necessary repairs,
staff will bring the matter before Council at that time for consideration under the 1925 Building Act. The
Mayor noted that the findings contained in the report of Mr. Roberts are similar to those contained in a
report prepared by Mr. Williamson at the request of the bricklayers association.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that with regard to the brick veneer walls of the Keddy's
Motor Hotel building, the City Manager be authorized to consult with Mr. Williamson and take the appropriate
steps, and submit a report to Council.
Discussion ensued with regard to draft legislation to be considered in open session this date
regarding the establishment of the Market Square Corporation, and various changes to the proposed legislation
were made. The City Solicitor was requested to re-draft the proposed legislation, which will be further
considered by the Council members at a meeting to be held on Wednesday, April 2nd following a meeting of the
Market Square Committee.
Mr. McDermott distributed copies of his letter to Council, dated March 31st, which advises that the
City has not paid consulting or design fees to Rocca regarding Market Square since July 1979 and Arcop, the
architect for the project, is owed $300,000.00, and further advises that as a result of a meeting held with
the Mayor and Mr. Derek Fletcher on March 28th, it was suggested that, ~fter discussion with and approval from
the senior levels of government, the City could give a letter to Rocca stating that if Rocca obtains loan
funds from the bank sufficient to keep Arcop afloat, that the interest on this loan would be chargeable to the
Market Square project. The City Manager recommends that the Mayor be authorized to send such a letter to
Rocca with an added provision that the funds obtained could only be used to pay the consultants involved.
On motion of Councillor Clark
Seconded by Councillor Elliot
RESOLVED that the above letter from the City Manager be received and
filed and the recommendation contained therein be adopted, subject to the approval of the other two levels of
Government.
Question being taken, 'the motion was carried with Councillors Landers and A. Vincent voting
" "
nay.
On motion
The meeting adjourned.
Common
312
"
, gravel pits
, S:j~~Con~t: Assoc.
Lorneville Rate-
\ payers Assoc.
\ Premier R. Hatfield
, Canada Summer Games
re- zon i ng
Lat imer Lake
, Mobile Home Park
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the
fourteenth day of April, A. D. 1980, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Gould, Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, M. Zides, Commissioner
of Community Planning and Development, M. Winch, Deputy Commissioner of
Community Planning, S. Armstrong, Deputy Commissioner of Engineering,
J. F. Ross, Chief of Police, J. Johnson, Building Inspector, G. Soucy,
Labour Relations Officer, and N. MacNeil, Manager of Civic Public Relations
Dr. James O'Brien offered a prayer which opened the meeting.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that minutes of the meeting of Common Council, held on
March 31st last, be confirmed.
In reply to a query of Councillor Wayne regarding the grade levels of the gravel pit operation
located on Manawagonish Road, Mr. Johnson advised that this matter has been referred to the City's By-
Law Enforcement Officer. Councillor Wayne noted that at the last Council meeting during discussion of
a letter from the Saint John Construction Association regarding flooding problems on Rothesay Avenue,
she had asked that Council be supplied with a full report on when the remaining work under the Marsh
Creek Flood Damage Reduction Agreement would be carried out. Councillor Wayne also broached the matter
of a report requested by Council as the result of an appearance before Council of the Lorneville Rate-
payers Association regarding pollution problems, in the Lorneville area. Messrs. McDermott and MacKinnon
noted that a final report is not expected from the Department of Environment for at least two weeks.
The Mayor suggested that Council could be supplied with an interim report in this regard, containing
the tentative test results as outlined at this meeting by Mr. MacKinnon.
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that the letter to Mayor Davis from Premier Richard
Hatfield regarding the 1985 Canada Summer Games, which had been forwarded to the Council members as an
information item, be added to the agenda and considered at this time.
On motion of Councillor M. Vincent
Seconded by Councillor Murphy
RESOLVED that the above letter be referred to Council's Canada
Summer Games Committee for their consideration and whatever action the Committee deems necessary.
The Mayor noted that he has already forwarded a copy of the said letter to Mr. E. A. Trites,
Chairman of the Summer Games Committee. Councillor Landers asked when Council and the public will be
brought up to date on the costs, facilities, benefits, etc. of having the 1985 Summer Games held in
Saint John. Mr. McDermott advised that at the next meeting Council can be supplied with the program
previously submitted regarding the said Games. Councillor M. Vincent suggested that consideration
could be given to having the Chairman and members of the Summer Games Committee appear before Council.
Councillor Pye voted "nay" to the above motion.
The Common Clerk advised that the necessary advertising was completed with respect to re-
zoning the front portion, to a depth of approximately 500 feet, of the property identified as L.R.I.S.
Number 333526 on the north side of Latimer Lake Road from "RS-IM" One- and Two-Family and Mobile Homes
Suburban Residential zone to "MH" Mobile Home zone, in order that the land could be developed as a
mobile home subdivision, and that no written objections were received in this regard. No person was
present to speak either against or in favour of the' proposed re-zoning.
Consideration was given to the letter, from the Planning Advisory Committee, dated March 5th,
1980, recommending the proposed re-zoning.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, by re-zoning the front portion, to a depth of approximately
500 feet, of the property identified as L.R.I.S. Number '333526 on the north side of Latimer Lake Road,
from "RS-lM" One- and Two-Family and Mobile Homes Suburban Residential to "MH" Mobile Home district, be
read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Murphy
.
1
1
.
,_I
.
I
1
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it COncerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning the front portion, to a depth of approximately
500 feet, of the property identified as L.R.I.S. Number 333526 on the north side of Latimer Lake Road,
from "RS-IM" One- and Two-Family and 'Mobile Homes Suburban Residential to "MH" Mobile Home district, be .
read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
~
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313
" Rockwood 4.
I Park
,Mari time S
Ltd.
uai ler
park
.
1
1
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1
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1
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lI..
Dangerous
&
"Di lapidated
Bu i I ding
,202 Water 10
Street
tender
\ awa rded
cha i n 1 ink
'fence
,
Gill is Co.
Ltd.
Progress
,
payment
North End
Urban Rene
'\. Dark i 1 Cons
Ltd.
concrete
s ta i rs
, Robertson
Sq.
Maritime
,Sod L td.
Landscaping
'- Broad St.
Playground
Maritime
'\ Sod Ltd.
'Queen &
Victoria
"
Squares
Ma r i time S
Ltd.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed rezoning be received and filed.
Notice had been sent to J. Stanley Dickison and Vivian J. Dickison, his wife, as joint tenants, to
appear at this meeting to show cause, if any, why the building located at 202 Waterloo Street should not be
removed or destroyed as a dangerous or dilapidated building. Mr. Johnson referred to his report to Council and
stated that in his opinion this three-storey wood frame building is dilapidated and dangerous and a real fire
hazard, and he would therefore recommend that the said building be declared dangerous and dilapidated and the
owners be compelled to remove the building under the provisions of the 1925 Building Act. No person was
present with respect to the said property.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that notice having been given to J. Stanley Dickison and Vivian
J. Dickison, his wife, as joint tenants, being the owners, as appears by the records of the Registrar of Deeds
for the County of Saint John, of the building located at civic number 202 Waterloo Street, in the City of Saint
John, requesting that the said owners appear before this meeting of the Common Council to show cause why the
said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered
the report of the Building Inspector, the Common Council hereby deems and declares the said building located at
202 Waterloo Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said J. Stanley Dickison and Vivian J. Dickison are hereby required
to remove or destroy the said building situate at civic number 202 Waterloo Street, in the City of Saint John,
within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said J. Stanley Dickison and Vivian J. Dickison
to remove or destroy the said building situate at civic number 202 Waterloo Street, in the City of Saint John,
in compliance with the request of such notice, that the Building Inspector cause such work to be done and the
cost thereof recovered from the said J. Stanley Dickison and Vivian J. Dickison.
On motion of Councillor Landers
,Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the contract for
the supply and installation of chain link fence along Union and Smythe Streets be awarded to the low tenderer,
Gillis Company Limited, for the tender price of $5,898.00, with the understanding that installation will
comnlence immediately upon completion of demolition.
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that as recommended
for payment of the following construction progress certificates and
namely:-
by the City Manager, authority be granted
approved invoices for engineering services,
1.
I
North End Urban Renewal
Darkil Construction Ltd.
Construction of concrete stairs
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated March 25, 1980 Partial Release of Holdback
$ 12,516:00
11 ,401. 00
342.03
9,690.85
2,
$ 1,368.12
2.
Robertson Square
Maritime Sod Limit'ed
Landscaping
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated March 19, 1980 Partial Release of Holdback
$ 98,500.00
49,634.50
1,489.04
42,189.32
2,
$ 5,956.14
3.
Broad Street Play~round
Maritime Sod Limited
Construction
Current budget allotment,
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 5,
dated March 19, 1980 Final Release of Holdback
$ 86,575.00
86,575.00
Nil
82,111. 75
$ 4,463.25
Rockwood Park
Maritime Sod Limited
Sodding at trailer park
Current budget allotment
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated March 19, 1980 Partial Release of Holdback
$
6,928.50
6,928.50
207.86
5,889.22
831. 42
$
5.
Queen & Victoria Squares
Maritime Sod Limited
Site development
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated March 19, 1980 Partial Release of Holdback
$ 101,648.00
84,l45.22
2,524.36
71,523.44
3,
$ 10,097.42
314
,.,
\ Sprinkler System 6.
\.
Vipond Automatic
\ Sprinkler Co. Lt
riJ.
Lancaster Arean
'- L. B. R.
Forest Hills
\ Ba 11 fie I d
, Ma r i time Sod
Sprinkler Systems
Vipond Automatic Sprinkler Company Limited
Installation at Lancaster Arena
and Beaverbrook Rink
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated March 25, 1980 Partial Release of Holdback
$
75,972.00
74,572.00
1,332.00
71,558.84
.
$
1,681.16
7.
Forest Hills Ballfield
Maritime Sod Limited
Sodding
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated March 19, 1980 Partial Release of Holdback
$ 20,960.00
6,560.00
196.80
5,576.00
$ 787.20
I
Forest Hills Ballfield
Fundy Fencing Ltd.
Chain link fencing
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated March 19, 1980 Partial Release of Holdback
1
Forest Hills 8.
\ Ball fie I d
, Fundy Fencing Ltd
'- Kanes Corner
\ Metro Const. Ltd.
Dangerous &
,
di lapidated
'- N i co I J e Road
$ 8,922.00
8,922.00
267.66
7,583.70
$ 1,070.64
9.
Kanes Corner
Metro Construction (1978) Ltd.
Reconstruction
Current budget allotment
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated April 9, 1980 Partial Release of Holdback
$ 183,580.48
183,580.48
5,507.41
156,043.41
$ 22,029.66
.
In reply to a query of Councillor Landers, Mr. MacKinnon advised that staff had previously
considered maintaining a City-operated sodding operation, however, the only great amount of land available
would be in the watershed area, and such an operation would be difficult to control in such areas.
Regarding the reconstruction of Kanes Corner, Mr. MacKinnon advised that additional work is required to
complete this project, including additional painting of traffic lanes and crosswalks. He also advised 1
that responsibility for the repair of sidewalks on Bayside Drive as a result of the reconstruction of
Kanes Corner, would either rest with the City or the contractor, and not the property pwners. Councillor
M. Vincent asked that staff see that the fence at the Forest Hills recreation park is repaired in order to
protect the sodding which was placed in this area last year. Replying to queries of Councillor Green
regarding insurance coverage of the City's arenas, Mr. Park advised that there is a considerable insurance
premium saving as a result of the installation of sprinkler systems, and also, the Lord Beaverbrook Rink
is covered under the City's fire insurance policy. In ensuing discussion, Mr. McDermott advised that a
tree farming operation will be commenced by the City this year, and that flowers and shrubs for the City
,will also be part of this operation.
Notice had been sent to Province of New Brunswick, Purchaser Under Tax Sale; Naomi McCutcheon,
bldg Mortgagor; James H. Cook, First Mortgagee; Gilks Real Estate Ltd., Second Mortgagee; and J. M. & C. W.
Hope Grant Ltd., Judgement Creditor, to appear at this meeting to show cause, if any, why the building
located on the Nicolle Road (L.R.I.S. Number 335307) should not be removed or destroyed as a dangerous or
dilapidated building. Mr. Johnson referred to his report to Council and stated that in his opinion this
two-storey wood frame building is beyond repair, dilapidated and dangerous being a fire hazard, and he
would therefore recommend that the said building be declared dangerous and dilapidated and the owners be
compelled to remove the building under the provisions of the 1925 Building Act. No person was present
with respect to the said property.
.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that notice having been given to Province of New
Brunswick, Purchaser Under Tax Sale; Naomi McCutcheon, Mortgagor; James H. Cook, First Mortgagee; Gilks I
Real Estate Ltd., Second Mortgagee; and J. M. & C. W. Hope Grant Ltd., Judgment Creditor, being the
owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building
located on the Nicolle Road (L.R.I.S. Number 335307), in the City of Saint John, requesting that the said
owners appear before this meeting of the Common Council to show cause why the said building should not be
removed or destroyed as a dangerous or dilapidated building, and having considered the report of the
Building Inspector, the Common Council hereby deems and declares the said building located on the Nicolle
Road (L.R.I.S. Number 335307), in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Province of New Brunswick, Naomi McCutcheon, James H. I
Cook, Gilks Real Estate Ltd., and J. M. & C. W. Hope Grant Ltd. are hereby required to remove or destroy
the said building situate on the Nicolle Road (L.R.I.S. Number 335307), in the City of Saint John, within
ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Province of New Brunswick, Naomi McCutcheon,
James H. Cook, Gilks Real Estate Ltd., and J. M. & C. W. Hope Grant Ltd. to remove or destroy the said
building situate on the Nicolle Road (L.R.I.S. Number 335307), in the City of Saint John, in compliance
with the request of such notice, that the Building Inspector cause such work to be done and the cost
thereof recovered from the said Province of New Brunswick, Naomi McCutcheon, James H. Cook, Gilks Real
Estate Ltd., and J. M. & C. W. Hope Grant Ltd. ~
.
Mr. Johnson advised Council that he has personally visited the above property, prior to submitting
his recommendation to Council. Councillor A. Vincent questioned whether the provisions of the 1925
Building Act are complied with if the Building Inspector does not personally view the property under
discussion. Mr. Rodgers noted that the Building Inspector has assured Council that he has personally
..4
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- ~. ......: -,',. -..'
:U5
"
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I
Chitticks's
,(1962) Ltd.
,D. Hatfield Lt
equ i pment,
'0 stand-by
I
,tender accepte
A. Simpson
, Const. Ltd.
,203 Mai n St.
. Capital
'\ Budget. 1980
, Harding Street
,Colpitts Subd.
I
, Rothesay Ave.
North/South
, .
Arterial
,
Municipal Dev.
P I an By- Law
, 29i Simpson Dr
.
Zoning By-Law
, 291 Simpson
Dr.
I
re-zoning
conditions
I 'Traffic By-La
.
...
inspected this property and in light of this inform~tion, plus the contents of the Building Inspector's
report, should satisfy the requirements of the 1925 Building Act in this regard. He also stated that the
information on which notice to appear before Council regarding the condition of properties should be obtained
within a reasonable time period prior to such notice being'given.
Councillor A. Vincent voted "nay" to the above motion.
, On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by
for payment of the following invoices, namely:-
Chitticks (1962) Ltd. - equipment rental
D. Hatfield, Ltd. - equipment rental
the City Manager, authority be granted
$ 6,934.68
$ 8,614.72
March
March
16-31,
16-31,
1980
1980
In reply to a query of Councillor A. Vincent, Mr. MacKinnon outlined the difficulty of affixing
signs to rented vehicles denoting that such equipment is under rental to the City. Regarding the matter of
standby equipment rented by the City during the winter months, Councillor Wayne suggested that the City
Manager should review the City's policy in this regard in view of the costs over the past two winters, and
submit a recommendation to Council regarding this policy.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as
Simpson Construction Ltd., in the amount of $5,750.00,
203 Main Street, being the lowest tender received.
recommended by the City Manager, the tender of A.
be accepted for demolition of the building located at
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the 1980 Capital
Budget as submitted, be adopted and that the expenditures 'proposed for 1981 be referred to the Budget Com-
mittee for future guidance.
Councillor Green referred to the need for curbing and sidewalks on Harding Street in view of run-off
problems being encountered by several property owners at the lower end of this street. Mr. MacKinnon replied
that he was not aware of the specific problem referred to by Councillor Green, however the matter can be
investigated. In response to an inquiry of Councillor Murphy as to when the sanitary sewer work will be
started in the Colpitts Subdivision, as included in the 1980 capital budget, Mr. MacKinnon stated that this is
a project under the Community Services Program and until confirmation of this program is received from the
Provincial Government, the project cannot be commenced. Regarding a query of Councillor M. Vincent, Mr.
MacKinnon outlined the capital work planned under the 1980 budget for the Rothesay Avenue area. Councillor
Clark stated that due to the high mortgage and interest rates on debentures, he feels that some of the capital
projects should be delayed. He expressed his opposition to the extension of the golf course and Phase I of
the land bank for the North/South Arterial.
Question being taken, the motion was carried with Councillors Clark, MacCallum and Wayne voting
"nay".
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property situated at 291 Simpson Drive (L.R.I.S. Number 299966) from Low Density Residential to
Light Industrial, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion ,of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property situated at 291 Simpson Drive (L.R.I.S. Number 299966), from
"RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial district, be read a third time and
enacted and the'Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning be on
the following conditions: (a) the use of the property shall be restricted to an automobile body repair and
painting shop; and (b) the permitted use shall, be restricted to the existing garage.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting
Traffic On Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting
Traffic On Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On Streets in The City o~ Saint
John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety
prior to adoption of the above resolution.
316
"
re-zoning
Ci ty Sol icitor
Wi 11 iam K. Usher
'Food City Limited
'(mot ion lost)
'Food City Ltd.
,
Market Square
Corporation
City Sol icitor
,-Church Avenue
Overpass
Planning Advis.
Camm.
, mobile home
Church of the
" Nazarene
'" Valerie McCavour
, mobi1e bome
Read a letter from the City Solicitor, dated April 11th, 1980 regarding the proposed re-
zoning of property formerly owned by William K. Usher on the westerly side of Number 7 Provincial
Highway, from "RS-2" Suburban Residential to "B-2" General Business classification, as requested by
Food City Limited, advising that when the public hearing on this application was held on March 31st,
1980 the question was raised as to whether the application for the proposed re-zoning was proper,
having regard to the business proposed by Food City Limited and the definition in the City's Zoning By-
Law of "shopping centre". The City Solicitor advises that he understands that the development proposed
by Food City Limited within the boundary of the City comprises an area less than 20,000 square feet in
the gross floor area, and having examined the Community Planning Act, the City's Zoning By-Law and
other relevant correspondence, it is his opinion that the development taking place in the City of Saint
John does not fall within the definition of a "shopping centre" and under the Municipalities Act a
municipality in the Province of New Brunswick is not given extra territorial authority to become
involved beyond its political boundaries and while the proposed development straddles the boundary
between the City of Saint John and the Village of Grand Bay and in that regard is encompassing enough
to fit within the definition of "shopping centre", if the total development was taking place within the
City, in his opinion it does not follow that the City's Zoning By-Law contemplated or intended to cover
the present situation. The letter further states that even if it was intended, it is his opinion that
it would be outside the authority of,the Council to extend the definition to include another municipality,
and consequently, from a legal standpoint only, it is his opinion that the application for re-zoning to
a "B-2" General Business district is within the law, however, the fact that the application is within
the law does not override the policy and planning issue of whether or not the City should encourage or
acquiesce in a development located on the boundary of two municipalities.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the above letter be received and filed.
During discussion as to the procedure to be followed in considering the requested amendments
to the Municipal Plan and Zoning By-Laws, Mr. Rodgers stated that as this is a legislative matter,
Council can move that the question of the proposed amendments be added to the agenda and considered at
this meeting, and proceed with the required readings of the by-law amendments.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the matter of proposed amendments to the City's
Municipal Plan and Zoning By-Laws, as requested by Food City Limited, be placed on the agenda and
considered at this time.
Question being taken, the motion was lost with Councillors Clark, Green, Knibb, MacCallum,
Pye, M. Vincent and Wayne voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor MacCallum
RESOLVED that the matter of proposed amendments to the City's
Municipal Plan and Zoning By-Laws, as requested by Food City Limited, be placed on the agenda of the
next Council meeting and considered at that time.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that authority be granted for
Bill at the current session of the New Brunswick Legislature to create the Market
the presentation of a
Square Corporation:
AND FURTHER that the letter from the City Solicitor regarding the above matter, be received'
and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor with regard to
Council's request that an expropriating resolution be prepared for the properties required for the
Church Avenue Overpass project, advising that before he can present to Council the appropriate resolution
to commence expropriation proceedings, the following is required: (1) a determination of which properties
are to be expropriated; (2) a survey plan or a tentative plan of properties, or portions thereof, to be
expropriated; and (3) the survey plan showing the area required during construction as well as the area
required for subsequent maintenance; and further advising that when the foregoing information is made
available, Council will then be in a position to adopt the resolution authorizing the commencement of
expropriation -- be received and filed and the Real Estate Department and Commissioner of Engineering
and Works be directed to supply the required information to the City Solicitor without delay so that
the appropriate resolution authorizing the commencement of expropriation can be proceeded with.
(Councillors Clark and Gould withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the Planning Advisory Committee,
Council approve the location of the mobile home on the Church of the Nazarene property on Sand Cove
Road for a further period of one year.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee
with regard to the application from Mrs. Valerie McCavour for renewal of the temporary permission
regarding location of a mobile home at Lorneville, advising that the submitted staff report indicates
that the property is zoned "RS-2M", a category which permits mobile homes on individual lots and there
appears to be no need for Council to take any action since the matter can be handled administratively,
be received and filed.
.
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,317
,-
.
1
I
Cedar Poin
, Mobile
Home
Subdivisio
re-zoning
tender
awarded
\ Ackroyed &
Sons
. '660 Sand
Cove Rd
I
.
1
I
.
iii...
Shirley
\ Cook
,mob; le
home
North End
, Improvemen
Corp.
re-zoning
Alexandra
, School
Land Comm.
Add i son
Chan
'310 Prince s
St.
Land Comm.
Gordon
Wi 1 kie
'211 Rock-
land Road
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the joint letter from the City Manager and Commissioner of
Community Planning and Development, advising that on February 11th, 1980 Council adopted a recommendation of
the Planning Advisory Committee whereby Council assented to the vesting of streets and land for public purposes
in the proposed Cedar Point Mobile Home Subdivision and Council was also advised that the Planning Advisory
Co~nittee would deal with the re-zoning of the property after the tentative lot lines were finalized; further
advising that the final subdivision plan is just about completed and the matter of re-zoning will be considered
by the Planning Advisory Committee on April l5th and in order for Council to deal with the re-zoning as
quickly as possible, it is recommended that the Common Clerk be authorized to advertise the re-zoning of the
Cedar Point Trailer Park, subject to special regulations, which is necessary before the subdivision plan can
be filed and the individual lots conveyed -- be received and fiied and authority be granted for the necessary
advertising and that the proposed re-zoning be referred to the Planning Advisory Committee for a report and
recommendation.
The Common Clerk noted that the public hearing regarding the above proposed re-zoning would normally
be held on Monday, May 12th which is the date for the municipal election, and the next Monday, May 19th, is a
statutory holiday and he asked the wish of Council in this regard. Following discussion, it was agreed that
the scheduling of a Council meeting during the week of May 19th would be left to the discretion of the Common
Clerk.
(Councillor Gould re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the low tender of
Ackroyed and Sons Enterprises Ltd. for the demolition of the house and the removal of the garage at 660 Sand
Cove Road at no cost to the City, be accepted, subject to the receipt by the City of a performance bond or
certified cheque in the amount of $1,000.00 covering the faithful performance of the work to be done.
(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager and Deputy Commissioner
of Community Planning, regarding the application of Mrs. Shirley Cook for extension of the temporary permit
regarding location of a mobile home on property on Grandview Avenue, which was tabled at Council's March 24th
meeting pending an up-to-date report from the Department of Health, and submitting a copy of the most recent
report the Planning Department has received from the Department of Health, be received and filed and Council
approve an extension of one year for location of the said mobile home, provided the required sewage disposal
bed to eliminate the sewage nuisance is established within a period of two months.
,
(Councillor Clark re-entered the meeting)
During discussion of the above matter, Mr. Winch noted that at Council's March 24th, 1980 meeting,
the Planning Advisory Committee recommended that Council not renew the approval of this application.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the North End Improvement Corporation
requesting re-zoning of the Alexandra School property to permit use of the property for senior citizens'
housing, be added to the agenda and considered at this time.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the letter from the North End Improvement Corporation
advising that before a final loan commitment can be made and construction can begin on the conversion of the
Alexandra School property into 25 units of senio~ citizens' housing, the site must be re-zoned from institutional
to RM-l, and as any delays beyond May 1st, 1980 may result in cost increases that would force them to abandon
the project, they would ask that Council expedite the re-zoning process by taking the following action: (1)
immediately advertise the proposed zoning change in accordance with Provincial statute; (2) refer the matter
to the Planning Advisory Commission for inclusion at the Committee's April 15th, 1980 meeting; (3) request
that City staff undertake an immediate evaluation of the proposed zoning change with the view of preparing a
letter of conditional approval which would enable the Corporation to secure final approval of the project from
Central Mortgage and Housing Corporation; and (4) in the event that the Planning Advisory Committee recommends
the re-zoning, they request that in view of the importance of an early decision, Council give this matter the
necessary three readings at one sitting -- be received and filed and the requests complied with, and the
requested re-zoning be referred to the Planning Advisory Committee for a report and recommendation, and the
necessary advertising be authorized.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that the advertising fee with respect to the above re-zoning
application be waived.
On motion of Councillor Murphy
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the City of
Saint John sell the freehold interest of the property situate at 310 Princess Street to Mr. Addison Chan for
the sum of $1,600.00, and that the City sell to Mr. Chan the vacant lot situate at 306 Princess Street for the
sum of $5,200.00.
Councillor Landers voted "nay" to the above motion.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, authority be granted
for the purchase of property situate at 211 Rockland Road, as shown on the submitted plan, from Mr. and Mrs.
Gordon Wilkie for the sum of $14,000.00, with vacant possession to be given at the date of closing, which
property is required for the North/South Arterial, and that the Mayor and Common Clerk be authorized to execute
any and all documents required for the purchase of this property.
318
"
North/South
\ Arterial
, (mot ion lost)
Committee of the
Whole Report
, Bicentennial Comm.
, Will i am H. R. Sm i th
Hypertension Study
, Cl in ic
River Road Rate-
, payers Assoc.
re speed limits
re maintenance
services
re fire station
re pub lie
transportat ion
Grant request
'Canadian Inter-
Provincial Highlan
Dancing
Councillor Wayne asked if Council can purchase properties for the North/South Arterial
before a survey of the actual route of this roadway has been completed. Mr. Rodgers stated that
this is a policy decision of Council and not a legal decision, as it only involves the negotiating
for the purchase of properties, and not expropriation, and if it is later found that a property is not
required for this project, it is not illegal. During ensuing discussion, Councillor A. Vincent, Chairman
of the City's Land Committee, suggested that a model of the proposed route should be prepared for the
Council. Mr. McDermott stated that a model of the actual route cannot be prepared until the exact
location of the centre line of the proposed roadway is determined, although an approximate model can be
prepared if Council so wishes.
On motion of Councillor Clark
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table until
Council is supplied with information regarding appraisals of the said property.
Question being taken, the tabling motion was lost with the Mayor and Councillors Green,
Gould, Knibb, Landers, Murphy and A. Vincent voting "nay".
The Mayor agreed with Councillor Clark that Council should be supplied with appraisals of
properties being recommended for purchase regarding this project, including those, properties previously
purchased by the City in this area.
Question being taken, the motion was carried with Councillors Clark, MacCallum, Pye and Wayne
voting "nay".
Read 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 begs leave to report that it sat on March 3rd, 1980, when there were present
Deputy Mayor Elliot and Councillors Clark, Green, Landers, Murphy, Pye, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendation, namely:-
1. That the following person be appointed to the Bicentennial Committee: Chairman - Mr. William
H. R. Smith.
Saint John, N. B.,
14th April, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the above report be received and filed and the
recommendation contained therein be adopted.
Councillor Landers voted "nay" to the above motion, stating that he feels the appointment of
members to the Bicentennial Committee should be a decision for the Council to be elected on May 12th.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Clinical Coordinators of the
Hypertension Study Clinic, advising of the study which has recently begun in the City concerned with
hypertension, and which will include research on men between the ages of forty and sixty-four over a
five-year period, be received and filed and Council offer its support and co-operation to this project.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the River Road Ratepayers Association
asking that the Association be advised as to the consideration of a maximum speed rate of 50 km/h being
inaugurated from Acamac Beach Road to the Martinon cut-off, be referred to the City Manager for a
report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from the River Road Ratepayers Association
expressing the Association's appreciation for the action taken regarding previous requests with respect
to sanding and salting, road maintenance, garbage collection and sidewalk extensions in the area, be
received and filed.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the River Road Ratepayers Association
asking that the Association be advised as to the progress being made regarding their previous request
for a fire station for the area, be referred to the City Manager for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the River Road Ratepayers Association
regarding public transportation in the area, be forwarded to the Saint John Transit Commission.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the request from Mrs. Patricia Dickie, 1980
: Provincial organizer for the Canadian Inter-Provincial Highland Dancing Championships, for financial
assistance in the amount of $1,000.00 in having two dancers from Saint John attend the said championships
in Calgary, Alberta, be referred to the grants committee.
.
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"..;;-"" '-"-l".'
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319
.
,N.B. Liquor
Control Corp.
Brunswick Sq.
r
Historic Sites
& Evenst Comm
I
Partridge
\
Island
, Hillside Motel
" Geo. G.
Kierstead
1
.
1
National
c Bu i I ding Code
,
Grant request
'S. J. Counc i I
of Women
. 'Counc. Wayne
I, Rock 1 and Rd.
, North/South
Arterial
1
\ Cec i 1 Johnson
'-Chas. MacKenzi
'" Mrs. Howard Gr
'Counc. Ell iot
I
Tim Horton
..... Donu t
\ S j mms Corner
I. Counc. Wayne.
.' Manchester Ave
iii..
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Mr. B. L. Kinney,
Brunswick Liquor Corporation, advising that a new specialty store will be established
complex, be received and filed.
Chairman of the New
in the Brunswick Square
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the Historic Sites and Events Committee,
recommending that the City adopt the suggestion contained in a research project of Mr. H. E. Wright with
respect to Partridge Island and constitute a steering committee to propose the co-ordination of and present
development plan for Partridge Island, composed of members from the organizations and institutions as listed,
be referred to the City Manager for consideration and action.
Read a letter from Mr. George G. Kierstead regarding repairs required as the result of a fire which
occurred to property owned by him, namely, the Hillside Motel, and requesting that Council order a building
perrait for the necessary repairs. The letter notes that after applying and paying for a building permit on
March 25th he received a stop work order from the Deputy Building Inspector.
Mr. Johnson noted that his department required that four of the burned units be demolished, which
was complied with by Mr. Kierstead, and advised that it was suggested to Mr. Kierstead by his department that
the complete motel building should be brought up to the present standards required, although Mr. Kierstead is
only required to comply with the 1977 National Building Code requirements for the one unit which is to be
reconstructed. He advised that a letter has been mailed by his office today advising Mr. Kierstead what is
required to comply with the 1977 Code as it relates' to this one unit only. It was noted that Mr. Kierstead
was present at the meeting. ,
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that permission be granted for Mr. Kierstead to be heard at
this time.
Mr. Kierstead spoke at this time and related his attempts to have his motel building repaired following
the fire which occurred on February 29th, 1980.
On motion of Councillor Green
Seconded by Councillor Murphy
RESOLVED that the above letter from Mr. Kierstead be referred to the
City Manager and Building Inspector to meet with Mr. Kierstead later this week to attempt to resolve the
problem being encountered.
In reply to a query of Councillor A. Vincent, Mr. Rodgers advised that he will be reporting to
Council at the next regular meeting on the status of the City's Building By-Law as it relates to amendments to
the National Building Code.
(Councillor Gould withdrew from the meeting)
On motion of'Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the request of the Saint John Council of Women for a
grant of $1,500.00 toward the printing of a history of the said Council of Women, be referred to the grants
committee.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne advising that recently
Council adopted resolutions to purchase certain properties in the Rockland Road area which are required for
the new highway, and which provided for vacant possession by April 30th, and as there have been no resolutions
before the Council to date for demolition of these buildings, she would suggest that the Land Committee look
at the requests from tenants to allow them to stay until June 30th and that they be given notice to vacate at
that time -- be referred to the Land Committee.
(Councillor Clark withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor MacCallum
y RESOLVED that the requests from Mr. Cecil Johnson; 216 Rockland
Road; Mr. and Mrs. Charles MacKenzie, 216 1/2 Rockland Road; and Mrs. Howard Gray, 218 Rockland Road; for
permission to remain in these properties beyond April 30th, 1980, be referred to the Land Committee for
consideration.
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the letter from Deputy Mayor ,Elliot advising that the
opening of a Tim Horton Donut shop has created serious traffic problems at the Simms Corner intersection, be
referred to the City Manager to have the traffic department investigate the matter and submit appropriate
recommendations to Council.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne advising that she
received a call from the residents of 148 Manchester Avenue regarding a water run-off problem from the street
into the walkway and driveway, and suggesting that the City Manager look at Manchester Avenue to ascertain if
the pavement in this area should be stripped and the curbing replaced, be referred to the City Manager for a
report to Council.
320
,.,
Thomas Enright
North/South
Arterial
Carleton Curl ing
Club Ltd.
re-zoning
Rodney & Winslow
Streets
"
N.B. Historical
Society
c
Petition
Jones Dr ive
.MacKnight Motors
Ltd.
Valley Citizens'
Comm i tt ee
North/South
Arterial
1.0.D.E.
Block House
Metro Const.
(1978) Ltd.
weight restric-
tions
(motion lost)
We i g h t
Restriction
By-Law
(motion lost)
On motion of Councillor Wayne
Seconded by Councillor Murphy
, RESOLVED that the letter from Mr. Gerald T. Casey, solicitor for
Mr. Thomas Enright, advising that Mr. Enright wishes to 'do certain work to his premises at 55 Waterloo
Street, however, as this property lies in the path of the North/South Arterial as shown on Schedule 4-A
of the Municipal Development Plan, it was not possible to proceed with the alterations, be referred to
the City Manager for a report and recommendation at the next meeting of CounciL
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the application from Mr. R. Gary Faloon, solicitor
for Carleton Curling Club Limited, for re-zoning of properties owned by the said company located on
Rodney and Winslow Streets, be referred to the Planning Advisory Committee for a report and recommendation
and that authority be granted for the necessary advertising in this regard.
(Councillor Gould re-entered the meeting)
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the letter from Dr. Alan J. 'Gordon, President of
the New Brunswick Historical Society, submitting a copy of a brief he presented to the Advisory Council
of Tourism New Brunswick, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from residents of Jones Drive regarding
MacKnight Motors Ltd. , be received and filed.
During discussion, Mr. McDermott advised that the By-Law Enforcement Officer will be arranging
with the Police Department to visit the MacKnight Motors Ltd. site tomorrow to take pictures and to
serve notice under the Unsightly Premises By-Law.
Councillor Gould voted "nay" to the above motion.
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Michael R. Richard, Secretary
of the Valley Citizens' Committee, regarding relocating tenants ,displaced as the result of the route of
the North/South Arterial and the subsequent Phase 1 land assembly,in the Rockland Road area, be received
and filed and Council avail itself of the offer of assistance of the said Committee as to possible
solutions to this problem.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Saint John Municipal Chapter of
the T.O.D.E. regarding the furnishings of the Block House on Fort Howe, be referred to the City Manager
for a report to Council.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from Metro Construction (1978) Ltd.
applying to have the spring weight restriction lifted on Latimore Lake Road and Grandview Avenue, be
received and filed and the request be complied with.
Considerable discussion ensued regarding weight restrictions on Provincial highways and City
streets.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table and the
City Manager be requested to check with the Provincial Department of~ighways to ascertain what action
should be taken regarding this request.
Question being taken, the tabling motion was lost, a tie vote having been created with the
Mayor and Councillors Green, Landers, Murphy and A. Vincent voting "nay".
Regarding the City's Weight Restriction By-Law, Mr. Rodgers stated that under this by-~aw
certain streets are exempted from weight restrictions between March 1st and May, 15th, and the streets
referred to in the above letter from Metro Construction are not exempted, and therefore, in order to
comply with the request, the said by-law would have to be amended.
.
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.
.1
On motion of Councillor A. Vincent
Seconded by Councillor Landers 1
RESOLVED that first reading be given to the Weight Restriction
By-Law to exempt Latimore Lake Road and Grandview Avenue, as requested by Metro Construction (1978)
Ltd.
In reply to a query of Councillor Wayne, Police Chief Ross stated there have been violations
by the above company of trucks hauling overloaded in the City, namely, in the area of Manawagonish
Road. Councillor A. Vincent asked if Manawagonish Road is exempt from weight restrictions. Making
affirmative reply, Mr. MacKinnon stated that Provincial highways within the City are exempt from weight
restrictions.
Question being taken, the motion to give first reading to the by-law amendment was lost with
the Mayor and Councillors Gould, Green, Knibb, Murphy, MacCallum, Pye and Wayne voting "nay".
.
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321
.
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I
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1
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IIro.
,
Metro Const
Ltd.
Debora
Wa I ker
horse &
... carriage
service
re-zoning
Olsen's
" Genera 1
Store
--! 233 Loch
Lomond Rd.
,tenders
accepted
~demo 1 i t i on
~C i ty Road
propert i e
LEGAL
SESSION
, Leg i s I at i 0
Market Sq.
" Corporat i
City
Solicitor
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Metro Construction (1978) Ltd. applying
to have the spring weight restriction lifted on Latimore Lake Road and Grandview Avenue, be referred to the
City Manager for a report and recommendation at the next Council meeting.
Question being taken, the referral motion was carried.
On motion of Councillor Murphy
Seconded by Counciilor Gould
RESOLVED that the letter from Mrs. Debora Walker requesting Council's
approval to proceed with the development of a horse and carriage tour service for the central business district
of the City, for the months of July to September initially, with expansion to include additional months as the
business becomes more successful, be referred to the City Manager for a report and recommendation.
It was noted that Mrs. Walker was present at the meeting, accompanied by Mr. Fred Grass.
On motion of Councillor Wayne
Seconded by Councillor Pye
RESOLVED that Mr. Grass be heard at this time.
Mr. Grass outlined the proposed horse and carriage tour service which is planned to follow the
general pattern of the Loyalist Trail, and which will be similar to the service provided in Ottawa and Quebec
City. He stated that the tours, which will take approximately one hour, at a cost of $3.50 per person, will
complement existing tourist facilities in the City.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that as requested by Olsen's General Store, Common Council
resolution of July 31st, 1978 which approved re-zoning of the company's property at 1233 Loch Lomond Road,
subject to Section 39 of the Community Planning Act, be amended to permit construction of an approximately 70
by 140 foot fenced-in compound.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that an item with respect to the awarding of tenders for
demolition of several City-owned properties on City Road, be added to the agenda and considered at this time.
Councillor A. Vincent suggested that the City Manager be authorized to award the above tenders for
demolition, provided the tender price is within the scope of his authority, and if there is a delay in such
awarding of tenders, that the Works Department board up these properties, in view of the potential fire hazard.
On motion" of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the City Manager, in consultation with the Building Inspector,
be authorized to award tenders for demolition of the City-owned properties on City Road, provided the tender
price is within the authority of the City Manager.
Prior to the regular Council meeting, a Legal Session was held when there were present Mayor Davis
and Councillors Clark, Gould, Green, Knibb, Landers, Murphy, MacCallum, Pye, M. Vincent and Wayne.
Read a letter from the City Solicitor, "dated April 11th, 1980 with respect to proposed legislation
to be considered this date in open session regarding creation of the Market Square Corporation. The letter
states that at a recent Council committee meeting, concern was expressed by the City's financial staff that
the proposed legislation did not contain any provisions with respect to the relationship between the City and
the Market Square Corporation pertaining to the Corporation's annual operating budget and the proposed legis-
lation has been deliberately drafted to avoid such references, having regard to the fact that the Corporation
should be free to negotiate with the other levels of government following the completion of the project when
the question of operating and maintenance costs become a real problem. The City Solicitor states it is his
opinion that nothing should be put in the legislation to indicate that the City has accepted full responsibility
for operating and maintenance costs, when there is a possibility that negotiations can still take place with
other levels of government, and if at some point in the future negotiations on the point of operating and
maintenance costs becomes a closed issue with no assistance from the other levels of government, the City
could then enter into agreement with the Corporation outlining its conditions pertaining to operating deficits.
The letter notes that the other point which has become a concern is the fact that the rent computation between
the Market Square Corporation and The Rocca Group Limited could lead to the situation where the Corporation
would be sharing in profits of the developer, and such a sharing of profits implies a partnership and,consequently
the Corporation could be exposing itself to the liabilities of the developer - while there are other facts
which are considered in determining a partnership, the sharing of profits creates a situation where a~y
opinion on the matter could not assure the Corporation of the outcome if the matter was litigated in a court
of law. The letter notes that in view of the unresolved question regarding the sharing of profits, Section 18
has been added to the draft legislation, which if enacted by the Legislature will clear up any doubt and
override whatever may be the present law in determining a partnership.
Considerable discussion ensued between the Council members and staff regarding the proposed legislation
establishing the Market Square Corporation, and in particular with regard to the matters referred to in the
above letter from the City Solicitor. During the discussion, the Mayor advised that a special meeting will be
held on Tuesday, April 22nd, 1980 regarding the Market Square Project.
On motion
The meeting adjourned. .
/~
322
.,
Marsh Creek
, Bridge
\ Rock I and Road
Irving Pulp &
,
Paper Mi I I
water charges
Po 1 ice Dept.
\. Youth Division
, Dr. George Betts
, Anne M. Byrne
'Petition
'Jones Dr i ve
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
first day of April, A. D. 1980, at 4.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Gould, 'Green, Knibb, Landers, Murphy, MacCallum,
Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy Com-
missioner of Community Planning, S. Armstrong, Deputy Commissioner of
Engineering, J. Gabriel, Deputy Commissioner of Works, P. Clark, Fire
Chief, J. F. Ross, Chief of Police, C. E. Nicolle, Director of Recreation
and Parks, J. Johnson, Building Inspector, D. French, Director of Personnel,
G. Soucy, Labour Relations Officer, S. Lodhi, Senior Project Engineer, and
M. Hanlon, Purchasing Agent
Reverend F. Brittain, Baptist Hospital Chaplain, offered a prayer which opened the meeting.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that minutes of the meeting of 'Common Council, held on
April 14th last, be confirmed.
.
1
1
In reply to a query of Councillor Wayne regarding the date for calling of tenders for con-
struction of the Marsh Creek bridge under the Marsh Creek Flood Damage Reduction programme, Mr. Armstrong
advised that past indications were that the Province would be calling tenders for this project in April,
however, he has been speaking with officials of the Provincial Department of Transportation and expects .
to have a reply later this week on the target date for this project, although the project will undoubtedly
be undertaken this year. Regarding the adoption of the capital project at the last Council meeting,
Councillor Wayne stated that although she voted against the resolution adopting the said budget, she was
only opposed to the item with respect to land assembly in the Rockland Road area.
Councillor A. Vincent referred to a letter to be considered in Committee of the Whole, namely,
a letter from Mr. J. D. Irving regarding water consumption deficiency charges to the Irving pulp and
paper mill, and stated he believes this matter should be considered'in open session. Councillor Clark
noted that the City Manager was recently asked by Council in open session for a report on this matter
and other related matters, and he suggested that the City Manager's report should be available for
consideration at the same time as the letter referred to by Councillor A. Vincent. Mr. McDermott
advised that his repo~t in this regard would be available for the next regular Council meeting.
The Mayor referred to a magazine entitled "Liason" which is pUblished by the Federal Solicitor-
General, in which is contained an article dealing with the City of Saint John's youth division, copies
of which he had distributed to the Council members.
Councillor MacCallum referred to recent coverage in the local newspaper regarding remarks made
by Dr. George Betts, a professor of Public Administration at U.N.B.S.J. to the Municipal Administrators
Officers Association of N. B., urging seminars for newly-elected officials, and stated he takes exception
to certain remarks made by Dr. Betts, which he cited at this time.
Councillor Knibb made reference to a letter on the Council agenda from Anne M. Byrne, solicitor
for a number of female residents of Jones Drive with respect to a remark he made at the last Council
meeting.
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that the said letter be considered at this time.
'Councillor Knibb Councillor Knibb stated he wished at this time to apologize to the said'residents, and wishes
to totally and unconditionally withdraw the remark he made at the last Council meeting, and he is sorry
if he offended any of the residents of Jones Drive.
, Appraisals (Fund
Limi ted
A. J. Vermeulen
so
On motion of Councillor Gould
1
.
Seconded by Councillor M. Vincent 1
RESOLVED that the letter from Anne M. Byrne, solicitor, .
adVising that she has been retained on'behalf of a number of the female residents of Jones Drive with
respect to a remark made by Councillor Knibb at Council's April 14th,'1980 meeting in open session, and
that her clients have authorized her to request an apology from Councillor Knibb at the open session of
Council on Monday, April 21st, 1980, and stressing that this apology is to be given in open session of
Council and the remark is to be unequivocally withdrawn, be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, apprOVal be,
granted for payment of the accounts received from Appraisals (Fundy) Limited, in the total amount of
$1,568.60, for appraisal services rendered in connection with the following properties: Market Square
Hotel site; Lot C - George and Union; and Lot D - South Market Wharf, the approval of the Partnership
for payment of these accounts having been received.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, approval be
granted for payment of the invoice from A. J. Vermeulen in the amount of $5,050.00 for professional
services rendered,in connection with the North End Urban Renewal Scheme during the month of February
1980, the approval of the Partnership for payment of this amount having been received.
.1
.
~
,..
323
, .
.'
'\
. Allingham
Emergency
Cres
exit
1
I
.
-I
,
Blindman's Lak
.
I
I,
Metro Const.
(1978) Ltd
weight
restrictions
.
IIro.
Read a letter from the City Manager, dated April 16th, 1980, advising that Council, at its meeting
of February 4th, 1980, at a public hearing into the proposed closure to vehicular traffic of a strip of land
30 feet wide designated as "Emergency Exit - Public" extending between Allingham Crescent and Sand Cove Road,
resolved that the matter be referred to the City Manager for a report on the estimated cost of making the said
portion of street passable and acceptable to the City as an emergency exit, as requested by the area residents,
and on any legal implications to the City in this matter; further advising that Council was informed at its
meeting of November 5th, 1979 that the cost of paving, curbing, and guardrails so that the right-of-way could
be negotiated safely by vehicles belonging to the general public was estimated to be $25,000.00, however, in
order to make the said portion of street passable and acceptable to the City as an emergency exit as requested
by the Council resolution of February 4th, 1980 no expenditure would be necessary at the present time, as long
as barriers preventing access to vehicles belonging to the general public are kept in place as approved by
Council on September 25th and November 5th, 1979. With respect to the legal implications, the letter states
that Council was previously advised by the City Solicitor that if Council wished to close the Emergency Exit
to vehicular traffic and erect barriers, the procedure under the Municipalities Act must be followed, and
Co~~cil accordingly followed the procedure, resulting in the public hearing of February 4th, 1980. but the
Cou,l'lcil resolution also adds "as requested by the area residents", and the majority of the area residents have
requested that the barriers be removed and the right-of-way improved. In summary, the City Manager states
that the best course at the present time would seem to be to leave the unimproved emergency exit barricaded
until such time as the required expenditures for improvement became, a priority for the capital budget, and
recommends that Council proceed with the amendment to the by-law to close the "Emergency Exit - Public" to
vehicular traffic.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the above letter ~e ~eceived and filed and the Engineering
and Works Department submit to Council a de4ailed report of the work to be done to maintain this emergency
exit from a safety point of view and to provide an emergency exit for the area. '
Considerable discussion ensued regarding the status of the emergency exit between Allingham Crescent
and Sand Cove Road, and the desire of the residents in the area that this roadway should be maintained and
kept open as an emergency exit. Mr. Gabriel stated that if Council desires that this roadway be made a public
street, it would be necessary to acquire property to obtain the minimum road width, and that staff feels the
definition of emergency use is in the event the other access' from the area becomes blocked, and that residents
in the area were using this roadway as a second exit for the area, and not for emergency purposes, and due to
the safety factor, the barricades were erected. Regarding the question of the roadway being used as an emergency
exit only, with the barricades remaining in place and only removed in case of emergency, Mr. Gabriel stated he
thinks it would be desirable that the roadway be upgraded slightly for emergency use only, if that is the wish
of Council. It was noted that the above proposed motion is only to establish the roadway for emergency use,
and not as a second access road for the area. The Mayor suggested that signs would have to be posted denoting
the roadway for emergency use only.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Project Engineer, regarding the installation of a high level, 18" 0 concrete over-
flow pipe to prevent possible flooding from Blindman's Lake, advising that the Department of Environment's
approval to this system has recently been received with the condition that if the overflow will be built,
stocking the lake with fish for public fishing purposes will cease in order to guard against any disease
affecting fish, as this is a policy for waters upstream of hatcheries; further advising that the total cost of
the overflow and asphalt seal coat between Lakeview Drive and Charles Street is $25,000.00 which is included
in'the 1980 capital program; and informing Council that upon approval of the capital program and completion of
construction this area will cease to be stocked for recreational fishing -- be received and filed.
Councillor Murphy proposed a motion, which was not seconded, that the matter be table for two weeks
to a,llow input from the area residents in this regard. Mr. Armstrong advised that as a consequence of studying
the drainage problems in this area, the City determined that this was a solution to the problem, and application
was made to the Provincial Government for a stream alteration permit, which was done, and the Federal Department
of Fisheries advised they would approve the overflow but pointed out that they would then cease to stock
Blindman's Lake, due to the fact that this Lake would be connected to the reservoir, which is immediately above
the fish hatchery. He stated that under Department of Fisheries regulations they are not allowed to stock
waters immediately above a fish hatchery.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Project Engineer, regarding the request made at Council's April 14th meeting with
respect to drainage problems at and around 148 Manchester Avenue, advising that from an earlier request this
problem had been identified, assessed and proposed for capital expenditures in 1980, however, due to other
priorities, this $27,500.00 project was not included in Council's approved program, and as a result staff has
investigated an alternate method in an attempt to alleviate the problem, and it is proposed to lower the
asphalt in the curb lane by 2 to 3 inches in the asphalt planing program, providing the asphalt depth investiga~:
tion shows sufficient depth -- be received and filed.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding the request from Metro Construction (1978) Ltd. for
consideration to lifting the spring weight restrictions on Grandview Avenue and Latimer Lake Road, advising
that in order to comply with the request an amendment would be required to the Weight Restriction By-Law;
further advising that all other streets on the particular route being used for this project have also been
examined and are exempt under the present terms of the By-Law; and further, staff has examined the streets as
requested and are unable to guarantee the sub-surface conditions of these streets without performing extensive
exploratory work or testing, and therefore, staff is unable to recommend any amendment to the By-Law -- be
received and filed.
During discussion of the above matter, Councillor A. Vincent asked that Council be provided with a
report from staff on whether trucks hauling from the lime kiln at Brookville to the airport property, are
complying with the City's weight restriction by-law. Mr. McDermott agreed to have such report prepared for
Council.
Question being taken, the motion was carried with Councillor Landers and A. Vincent voting "nay".
324
.,
'Anthony McGraw
'Agreement
Deferred Widening
By-Law
Provincial Highway
"Maint enance Agree-
ment
ITaxes, real estate
Tender accepted
,Grove Const. Ltd
demolition
248-250-252-254-256-
258_262-264 City'Rd
Tenders accepted
'Fire Department
Tender accepted
,gasoline & oils
"Irving Oil Co,
tender deposit
'S.J. Amateur Speed-
skating Club
'Thomas Enright
Deferred Widening
By-Law
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and the Deputy
Commissioner of Community Planning, advising that Mr. Anthony McGraw is seeking a building permit for a
12-foot by 12-foot accessory building on his property at 327 Summit Drive, which proposed structure
meets the Zoning By-Law requirements but is in the alignment of the Eastern Arterial and is subject to
the Deferred Widening By-Law recently enacted by Common Council; and recommending that Common Council
permit the proposed building subject to Mr. McGraw entering into an agreement providing for the following:
(1) (a) Mr. McGraw will waive his right to additional compensation for the new building at such time as
his property is required; (b) the agreement shall be filed in the Registry Office and shall bind successive
owners; and (2) that the City Solicitor be,authorized to prepare and the Mayor and Common Clerk be
authorized to execute the said agreement -- be received and filed and the recommendations adopted.
.
1
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, authority be
granted for the Mayor and Common Clerk to'execute on behalf of the City, Schedule "A" of the Provincial
Highway Maintenance Agreement revised for the year 1980.
On motion of Councillor Murphy
I
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager and Commissioner
of Finance, submitting a summary of the City's 1980 Real Property taxes in the total amount of $437,366.86,
and advising that a discount of 3% to a maximum of $20.00 on each tax bill is available provided payment
is made before April 17, 1980 and to take maximum advantage of this discount, tax bills totalling $97,091.41
have been processed for payment, and as a result of the current demand loan rate, there is no financial
advantage in paying the balance of the tax bills by the discount date and it is recommended that those
bills totalling $329,508.18, as detailed on the submitted schedule, be approved for payment on May 30th,
1980 -- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
.
Seconded by Councillor Gould
RESOLVED that as recommended by the City"Manager, the tender of
Grove Construction Ltd., in the amount of $8,268.00, be accepted for'demolition of City-owned buildings
located at 248-250-252-254-256-258-262-264 City Road, being the lowest tender received.
Councillor A. Vincent suggested that staff should prepare estimates of demolition costs from
time to time to check on the tendered prices being received.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that in accordance with the recommendation of the
City Manager, tenders be awarded for supplying various items for the Fire Department as recommended in
the submitted bid summary.
I
Read a letter from the City Manager advising that three companies have responded to the public
tender call for supplying gasoline and oils for the period May 1st, 1980 to April 30th, 1981, a summary
of such bids being submitted, and although all three companies meet the City's specifications insofar as
product is concerned, none have agreed to all of the conditions of tender. The letter notes that Irving
Oil Co., like the other two bidders, reject the City's payment terms and notification of price changes,
however, in addition to this, the company has not submitted the required deposit with the tender - under
normal circumstances, failure to provide the required deposit is reason for disqualification of the bid,
but the circumstances of this tender are not normal in that, although all oil companies were invited to
bid, Irving Oil Co. was the only bidder on the three major items, and therefore it is recommended that
the bid of Irving Oil Co. on these three items be accepted. The letter notes that the prime reaSOn for
calling public tenders is to obtain the product required at the lowest possible cost, however in this
instance the City Manager believes that the primary concern is to ensure a continuing supply of petroleum .
products, and other cities with whom staff have checked and who have called tenders for this material
during the past year, have encountered the same problems of lack of bidders, high prices and non-compliance
with tender conditions. The letter recommends that awards be made in accordance with the recommendation
contained in the submitted bid summary.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager regarding
tenders for the supply of gasoline and oils for the period May 1st, 1980 to April 30th, 1981, be received
and filed and Irving Oil Co. be awarded the tender for those items in which their tender was the lowest,
or equal, tender, and that tenders for the remaining products be awarded to the low tenderer in each
instance.
I
Considerable discussion ensued regarding the City's requirement for a bid deposit, and with
respect to the City deviating from the present tendering policy of the City. Councillor Landers noted
that the City Manager had previously been requested to report to Council On the requirement for deposits
on tenders, and Mr. McDermott advised that such report will be available for the next Council meeting.
"nay".
Question being taken, the motion was carried with Councillors Clark, Pye and Wayne voting
1
The Mayor noted that members of the Saint John Amateur Speedskating Club who won medals at the
North American championships which were held in Victoria, B. C. on March 28th to 30th, 1980, were in
attendance at the meeting. Councillor Gould introduced the recipients of the said medals, namely, Mary
Cusack, Paul Britt, Mark Lackie and Susan Hellingworth, and outlined the achievements of these individuals
in speedskating, and congratulated them on behalf of the Council for their accomplishments.
On motion of Councillor Murphy
.
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor with regard to
the letter received by Council on April 14th, 1980 from a solicitor on behalf of Mr. Thomas Enright,
complaining about the fact that Mr. Enright could not develop his property because of a provision in the
Municipal Development Plan in connection with the North/South Arterial, advising that under the Community
~
,..
-;....~ .~~....~_..::;.'l.'._:.,.~.... r.'
, ---,-
,,,325
.
I
\ Zon i n9 By- Law
r.- ZOnl'1g
" t~ timer Lake
Road
I
Planning Act, the Development Officer is prohibited from approving a permit to allow Mr. Enright to carry out
the work which he wishes to have done ,to ,his premises, however, Council can adopt a Deferred Widening By-Law
to cover the immediate area which would then permit Mr. Enright to make his alterations; and further advising
that in view of the foregoing, and if Council is desirous of having a Deferred Widening By-Law, he is recommending
that the matter be referred to the City Manager who, in conjunction with the Planning Department and the
Engineering and Works Department can bring forward to Council the information necessary to adopt a Deferred
Widening By-Law so that Mr. Enright could then carry out his alterations subject to any conditions the City
may wish to attach to the approval -- be received and filed and the recommendation adopted.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning the front portion, to a depth of approximately 500 feet, of the
prol)erty identified as L.R.I.S. Number 333526 on the north side of Latimer Lake Road, from "RS-IM" One- and
Two-Family and Mobile Homes Suburban Residential to "MJj" Mobile Home district, be read a third time and
enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Landers
RESOLVED that the proposed amendment to the Municipal Plan By-Law
Plan regarding property designated as L.R.I.S. Number 295287 and located on the western side of Number 7 Provincial
Highway at the boundary between the City of Saint John and the Village of Grand Bay, be read a first time.
Municipal
" By-Law
Grand Bay
(motion lost)
.
I
Municipal
By-Law
Grand Bay
'\ Food City
.
1
I
.
Municipal Plan
By-Law
Grand Bay
Food City L td
IIro.
Question being taken, the motion was defeated with the Mayor and Councillors Clark, Green, Knibb,
MacCallum, M. Vincent and Wayne voting "nay".
Several Council members questioned which item on the Council agenda the above resolution referred
to, and Mr. Rodgers stated that if there is a misunderstanding as to the matter, a motion could be proposed
that the matter be reconsidered, and the record should show that the matter is to be reconsidered because of a
misunderstanding as to the matter being voted on.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above proposed amendment to the Municipal Plan By-
Law of the City of Saint John be reconsidered due to a misunderstanding as to the matter previously voted on
at this meeting of Council.
Question being taken; the motion was carried by the unanimous vote of the Council members present.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify the front 10-acre portion of property formerly owned by William K. Usher, designated as
L.R.I.S. Number 295287, and located on the western side of Number 7 Provincial Highway at the boundary between
Ltd. the City of Saint John and the Village of Grand Bay, from Low Density Residential to District Centre Commercial,
be read a first time.
(Councillor Gould re-entered the meeting)
During discussion, Councillor Wayne noted that a neighbourhood shopping area is being proposed by
Food City Ltd., and not a shopping centre as such, and that the legal opinion received by Council at the last
meeting is that the development is not considered a shopping centre, as the portion of the development within
the City limits is not considered a shopping centre, due to the size of the development within the City.
Councillor Landers spoke in support of the proposed development to satisfy the needs of the people in the
area. Councillor Clark stated he will oppose the development, and that the intent of the Community Planning
Act is quite clear, and that the total area of the proposed development, including the area lying within the
Village of Grand Bay, falls within the definition of a shopping centre. He stated that Council has committed
itself to preserve the central core of the City and he feels the Council is defeating this policy by permitting
this development. Councillor Knibb expressed his disagreement with the motion, and referred to a shopping
centre near the area of the development which is lying vacant at the present time. He suggested that Council
should encourage the developer to locate within the City and not on the fringe of the City, as presently
proposed. Councillor Green spoke against the proposed development and stated that the company owns an additional
90 acres in the area and a large development could eventually take place. Councillor M. Vincent concurred
with the remarks made by Councillors Clark, Knibb and Green and stated he cannot support the proposed develop-
ment, however, he is also concerned with the legal interpretation of whether this development is in actual
fact a shopping centre, and therefore whether the proper zoning is proposed. Councillor A. Vincent spoke in
support of the development and suggested that the developer could easily construct the development completely
in Kings County. Councillor MacCallum spoke in support of the application, which he feels will benefit the
residents of the River Road area. Councillor Wayne noted that no rurther expansion of the development can
take place unless further re-zoning is requested and a market feasibility study carried out. Councillor
Murphy expressed his support for the development.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Green, Knibb and
M. Vincent voting "nay".
o
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify the front 10-acre portion of property formerly owned by William K. Usher, designated as L.R.I.S.
Number 295287, and located on the western side of Number 7 Provincial Highway at the boundary between the City
of Saint John and the Village of Grand Bay, from Low Density Residential to District Centre Commercial, be
read a second time.
326
.,
re- zoning
Grand Bay
'Food City Ltd.
re-zoning
,
Grand Bay
Food City Ltd.
,
Lynn A. Nason
Committee of the
Whole
Grants
Men's City & Distric
" Dart League
Canadian Red Cross
,
Margaret Jensen
'mobile home
Question being taken, the motion was carried with the Mayor and Councillors Clark, Green,
Knibb and M. Vincent voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City .
of Saint John and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" '
of the Zoning Map of the City of Saint John, by re-zoning the front 10-acre portion of property formerly
owned by William K. Usher, designated as L.R.I.S. Number 295287, and located on the western side of
Number 7 Provincial Highway at the boundary between the City of Saint John and the Village of Grand Bay,
from "RS-2" One- and Two":Family Suburban Residential to "B-2 General Business district, be read a first
time.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Green,
Knibb and M. Vincent voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto",
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, by re-zoning the front 10-acre portion of property formerly
owned by William K. Usher, designated as L.R.I.S. Number 295287, and located on the western side of
Number 7 Provincial Highway at the boundary between the City of Saint John and the Village of Grand Bay,
from "RS-2" One- and Two-Family Suburban Residential to "B-2" General.Business district, be read a
second time.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Green,
Knibb and M. Vincent voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re-zoning, and the letter of objection from
Mr. Lynn A. Nason, be taken from the table and received and filed.
Read 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 begs leave to report that it sat on April 14th, 1980, when there were present
Mayor Davis and Councillors Clark, Gould, Green, Knibb, Landers, Murphy, MacCallum, Pye, A. Vincent, M.
Vincent and Wayne, and your Committee submits the following recommendations, namely:-
1. That the request of the Men's City & District Dart League for financial assistance regarding
participation in the Canadian National Dart Shoot be denied as it does not qualify under the City's
policy in this regard.
2. That a grant of $1,500.00 be made to the Canadian Red Cross Society regarding the entertainment
of delegates to the Central Council meeting of the Society, to be held in Saint John on May 5th and 6th,
1980.
Saint John, N. B.,
21st April, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman .
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the above report be received and filed and the
recommendations contained therein adopted.
1
I
.
I
.
I
Councillor Gould stated that he feels better guidelines should be established by the City
regarding grants for banquets, such as that referred to in section 2 of the above report, and he will be
voting against the motion. Councillor Wayne noted that the City Manager was'asked to look into a firm
policy regarding financial assistance to various groups. The Mayor advised that the City has a policy I.
in this regard, and he asked that copies of same be supplied to the Council members for review.
Question being taken, the motion was carried with Councillors Gould and Pye voting "nay".
On motion of Councillor Green
o
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee
with regard to the request of Mrs. Margaret Jensen for extension of the permit regarding the location of
a mobile home at Willow Grove, recommending that the mobile home be permitted for a further period of
one year subject to the abandoned cars on the property being removed within thirty days of Council
approval, be received and filed and the recommendation adopted.
.
I
j
,..
.3:27
.
I
re-zoning
Sandy Point Rd
~Communicon Co
re-zoning
conditions
I
.
Historic Sites
,
& Events Comm
West Side
" Municipal
Geological
Museum
I
'- David G. Ebert
Small Business
, Consulting
Group ,Ltd.
, Sportsplex
.
1
\ Dilapidated
Bldg
2lg Princess.
'\ Street
.... Rockland Rd
8ilapidated
bldg.
1-
Counc. Wayne
Private roadwa
, Belmont
'Ashgro1[e Cres.
, Edgewater Lane
.
IIro..
"nay".
Question being taken, the motion was carried with Councillors lark, Mac allum and ayne votlng
Councillor MacCallum asked that staff ascertain if the abandoned cars on the above property have
been removed at the end of the thirty-day period referred to in the above resolution.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee with
regard to the application of Communicon Company Limited for Municipal Plan and Zoning By-Law amendments respect-
ing property on Sandy Point Road, which was referred to the Committee by Common Council on June 11th, 1979,
recommending (1) that the property identified as L.R.I.S. Number 051417 and situated on the east side of the
Sanely Point Road be re-designated on Schedule 2-A of the Municipal Development Plan from Open Space to District
Centre Commercial and be re-zoned from "p" Park to "B-2" General Business, subject to the applicant and the City
entering into 'an agreement pursuant to Section 39 of the Community Planning Act providing for but not restricted
to the following conditions: (a) the use of the property shall be restricted to business or professional offices,
retail stores, personal service shops (including pharmacy), bank or financial institutions; (b) the development
shall be serviced to the satisfaction of the Commissioner of Engineering and Works, the Fire Marshal and Depart-
ment of Environment and all required drawings and plans shall be approved by such officials and agencies prior
to the issuance of any building permits; (c) the building, parking, landscaping and other site plan features
shall be approved by the Deputy Commissioner of Community Planning prior to the issuance of a building permit;
and (2) that the Common Clerk be authorized to advertise the application -- be received and filed and the
recommendations adopted.
In ensuing discussion, Councillor Wayne noted that the reason the above request was tabled by the
Planning Advisory Committee previously was due to study of a new road to the Hospital, and the fact that the
Sandy Point Road route was being looked at in this regard. She also noted that when she asked in open session
of Council if this route was being considered she was informed by the Mayor that the present proposed route 'and
not the Sandy Point Road route, was the only one being considered, however, the staff reports submitted with the
above letter from the Planning Advisory Committee indicate otherwise. The Mayor stated that to his knowledge
COllrlcil never adopted the Sandy Point Road route, and that there is no conflict of the above property with the
new route to the Hospital. Councillor A. Vincent expressed his disagreement with information being contained in
the staff reports submitted by the Planning Advisory Committee regarding negotiations carried out with the Land
Committee regarding this property.
On motion of Councillor Murphy
Seconded by Councillor Gould
RESOLVED that the letter from the Historic Sites and Events Committee with
regard to a recommendation submitted by the Committee to Council in November 1979 respecting the development of
the West Side Municipal Geological Musem, advising that the Committee has received no knowledge of any report
being received by Council from the City Manager as requested by Council on November 19th, 1979 and asks when
such a report might be forthcoming if it has not yet been received, be referred to the City Manager to expedite
the requested report to Council.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that the report prepared by Mr. David G. Ebert, President, The
Small Business Consulting Group Ltd., submitting recommendations on the financing of a sportsplex for Saint
John, be received and filed.
The Mayor stated that the above report was prepared at his request at no cost to the City by The Small
Business Consulting Group Ltd., comprising the following four professors at U.N.B.S.J., namely: President, David
Ebert; Vice-President, Gary Davis; Secretary-Treasurer, Reginald MacKenzie; and John Chalykoff. He stated that
this information showing what it would cost the City to build such a complex, is very valuable to the City. He
stated that over the past two years he has met and held discussion with several interested parties concerning
the sportsplex, specifically Councillor M. Vincent and he met with Mr. Roy Lawson and Mr. Douglas Colwell of the
Exhibition about two years ago - he received a telephone call from Mr. Lawson on Friday and again today, and Mr.
Lawson assured his continued interest in the project and asked that the Mayor inform Council that the Exhibition
Association is very, very anxious to build a coliseum such as the one being planned, on their own land. He
stated that this would be a private development by the' Exhibition Association and any questions should be
directed to Mr. Lawson or Mr. Colwell. He also stated that he has been approached by a representative of the
Quebec Nordiques hockey team, who are looking for a new site for their Syracuse hockey team.
On motion of Councillor MacCallum
Seconded by Councillor Murphy
RESOLVED that the City Manager be instructed to submit a report at the
next Council meeting on the condition of the fire-damaged building located at civic number 219 Princess Street.
(Councillor Knibb withdrew from the meeting)
Councillor Wayne referred to the dilapidated condition of City-owned property on Rockland Road, and
stated she would like to see action taken on this building, as well as on the properties listed on a report
previously submitted by the City Manager to Council, prepared by the Building Inspection Department.
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the letter from Councillor Wayne advising that she has been
informed by Mrs. Armstrong of Belmont that new signs had been put up last week in the area, namely, Ashgrove
Crescent and Edgewater Lane, and underneath were the words "private roadway", and Mrs. Armstrong had been
infol~ed by the man installing the signs for the City that it meant they would be receiving absolutely no
services except in the case of emergency; and"that she was also informed by Mrs. Armstrong that the areas that
are now called Ashgrove Crescent and Edgewater Lane were also considered part and parcel of the Belmont Road
until the City made these changes by resolution of Council on October 9th, 1979 and are not private roadways but
were considered and included in the list given to the City of Saint John by the Province as part of the Belmont
Road, and would be so maintained to the standards that were then in existence as a Provincial road -- be referred
to the City Manager for a report, and that Mrs. Armstrong be advised that the information given to her by the
City staff member was totally incorrect.
(The Mayor withdrew from the meeting and Councillor Green assumed the chair)
328
.,
Counc. Wayne
'Mill Brook
-Landfill Site
'Minister of Tourism
Anti-Litter &
Clean-Up Program
"
MacKnight Motors Ltd
re auto crusher
,
Lorneville Ratepayer
Assoc.
\
Wm. K. Usher
,Morna Drive
Morna Crescent
,YJ.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding
the possible pollution of the Mill Brook in Lorneville from the City's landfill site, be received and
filed and the City Manager take immediate steps to correct the pollution problem of the Mill Brook.
.
Councillor Wayne advised that she toured the Mill Brook in Lorneville and she cannot understand
and will not accept the proscrastination that has been going on by the City staff. She stated she
understands the C.B.C. have reports in this matter from the Department of Environment and Council is
being told we cannot get a conclusive report on the Mill Brook. She referred to the very strong stench
in the Mill Brook area and expressed the view that something has to be done. Councillor Murphy, a member
of the Legislative Assembly, stated he intends to ask in the Legislature that the Minister of Environment
file all correspondence between the City and the Province in this regard. Councillor Landers, noting that
staff has already advised Council that the problem is not being caused by the landfill site, asked if the
requested report from the City Manager will include the cause of the pollution problem. Mr. Barfoot
stated he does not believe there has been any doubt that a problem is being caused by the dump, and that
is a problem of leachates from the landfill site, and there has been no proscrastination involved - in
order to get necessary survey information as it involves controlling the direction of the flow and
dealing with the leachate which comes out of the bottom of the dump, will take a certain amount of ground
surveying in order to come up with the directional flow of the run-off, and once that has been determined
the next step is to design a system to control the pollution which is coming from the dump site. He
stated that a complete report has not yet been completed by the Environment Department or City staff and
as soon as a complete report is available it will be presented to Council. In further discussion, Mr.
Barfoot stated that he understands it will take from one month to two months to obtain a complete report,
with costs, so that a recommendation can be made to Council. Councillor A. Vincent suggested that the
City Solicitor obtain a copy of the tape of the exact broadcast referred to in the above letter from
Councillor Wayne, and Mr. Rodgers replied that he will make the necessary attempts to comply with this
suggestion. Councillor Pye suggested that consideration be given to relocating the dump site to an area
he referred to near Rockwood Park.
I
1
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum .
RESOLVED that staff arrange a meeting with the Provincial
Departments of Health and Environment, including the Minister concerned, for Wednesday, April 23rd, or
the next earliest date possible, and any Council members, to visit the landfill site, and review all
correspondence in an attempt to correct the problem.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from The Honourable Leland W. McGaw,
Provincial Minister of Tourism, regarding the 1980 Anti-Litter and Clean-Up Program, be received and
filed and referred to the appropriate staff.
Councillor Landers proposed a motion, which was not seconded, that the letter from MacKnight
Motors Ltd. regarding the crushing of cars at their Ashburn Lake Road property, be referred to the City
Solicitor as proof that MacKnight Motors Ltd. is carrying on business at this location illegally.
I
On motion of Councillor Murphy
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Alden W. MacKnight, President
of MacKnight Motors Ltd., advising that the auto crusher is now again crushing cars at their energy
recovery division at Ashburn Lake Road and they thought this would be a good opportunity for Common
Council to direct vehicles destined for removal at spring clean-up to this location for prompt crushing
and removal, and further advising that they will tow at no charge complete vehicles from citizens yards
on this side of the Reversing Falls bridge and within three miles of their crushing site and the charges
for removal of vehicles from citizens yards in other ,areas will be modest but will depend on the distance
from their location and the suitability of the vehicle for towing, be referred to the City Manager to
co-ordinate with the City's clean-up programme. .
Councillor Landers expressed his opposition to the above motion, stating that by approving the
request Council is condoning the carrying on of this business illegally at this location.
Question being taken, the motion was carried with Councillors Landers and Pye voting "nay".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from the Lorneville Ratepayers Association,
further to their letter which was considered at Council's meeting of January 7th, 1980, asking that they be
advised as soon as possible what action may be expected with regard to services requested in their previous
letter, and advising that they are particularly concerned that the following items be taken care of this
summer: (1) continuation of the resurfacing program covered by Council's April 20th, 1977 resolution (only
1.1 miles remain to be resurfaced and this section is becoming quite badly broken up); (2) action in
conjunction with the Province of New Brunswick on replacement of the bridge with a causeway; and (3)
provision of fire fighting facilities located much closer than the present former Lancaster No. 1 station
be referred to the City Manager for a report.
I
I
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. William K. Usher regarding a
brief from residents of Morna Drive and Morna Crescent with regard to services to the area, which was
referred to the Works Department for a report by Council resolution of December 3rd, 1973, advising that
since that time, few City services have been provided to the citizens of the Morna Drive and Morna Crescent
areas, and as the taxpayers of this area now pay the full Municipal Real Property tax, it is requested
that consideration be given to the inclusion of these matters in the City's 1980 capital budget, be
referred to the City Manager for a report and recommendation.
.
On mati on
The meeting adjourned.
c!i/tbv
,..
329
.
I.
1
.\
Dilapidated
Bldg
219 Princess
Street
Petition
re above
I
"Market Square
Godfrey Assoc.
~ Ltd
.
1
, Incinerator
I
.
Zoning By-Law
re utility
service bldg
or structure,
IIro.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-eighth
day of April, A. D. 1980, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy Com-
missioner of Community Planning, S. Armstrong, Deputy Commissioner of
Engineering, J. Gabriel, Deputy Commissioner of Works, P. Clark, Fire
Chief, J. F. Ross, Chief of Police, J. Johnson, Building Inspector,
M. Hanlon, Purchasing Agent, D. Buck, Deputy Commissioner of HOusing
and Renewal Services, R. Ibompson, Chief of Rehabilitation Services,
and N. MacNeil, Public Relations Manager
Reverend Richard McConnell of the Mission Church, Parish of St. Clements, offered a prayer which
opened :the meeting.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
April 21st last, be confirmed.
Councillor MacCallum noted that at the last Council meeting the City Manager was asked to submit a
report for consideration at this meeting regarding the condition of fire-damaged property at 219 Princess
Street, and this report has not been received. He also noted that a petition from over one hundred residents
in the area of this building is before Council this evening. It was agreed that the said petition would be
considered at this time.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the petition from residents in the area of property at
219 Princess Street, strongly protesting, the dangerous and unsightly condition of this property and demanding
that action be taken immediately to have the property demolished and the site left in a respectable condition,
be referred 'to the City Manager to take the necessary action immediately to have the said building demolished.
During discussion prior to adoption of the above motion, Mr. Rodgers advised that there is provision
in the 1925 Building Act which allows the Building Inspector, where the condition of a property endangers life
or limb, to immediately come to Council recommending action, rather than proceeding by way of notice to the
owners to appear to show cause why the building should not be declared dilapidated and dangerous. Mr. McDermott
stated that he will discuss with the Building Inspector tomorrow the possibility of proceeding under this
provision of the Act.
Councillor MacCallum referred to a letter from the City Manager and Deputy Commissioner of Engineering,
which had been forwarded to the Council members as an information item for this meeting, regarding the proposal
call for engineering consultants for the Market Square site containment, and he suggested that the firm of
Godfrey Associates Ltd. be also asked to submit a'proposal in this regard, in addition to the firms listed in
the said letter.
On motion of Councillor MacCallum
Seconded by Councillor Murphy
RESOLVED that the firm of Godfrey Associates Ltd. be invited to submit a
proposal regarding the Market Square site containment project, in addition to the firms listed in the letter
referred to above from the City Manager and Deputy Commissioner of Engineering.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that several items arlslng from a Committee of the Whole meeting
held this date, be added to the Council agenda and considered at this meeting.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the City Manager be authorized to call for Public Proposals
for the design of an incineration facility, including recycling and waste heat production, for the City of
Saint John.
The Mayor noted that the City's needs would not be sufficient to warrant such a facility, and therefore
it is felt that the neighbouring communities should be invited to use this facility, thereby making it a
regional operation. The Mayor reported on a tour of the City's landfill site this date and advised that City
and Provincial staff are lOOking at diverting the brooks around the site and constructing small lagoons, to al-
leviate the problems being experienced in the Lorneville area. He stated that the pollution problem is not
caused by sewage, and is not considered a health hazard to the area. Mr. McDermott reported that it is expected
that two of the holding ponds referred to by the Mayor will be completed in ten to fourteen days, and there
should be some improvement in the problem being experienced at that time.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law, by adding the following definition to Section 2; "utility service building or structure"
shall mean a building or structure used with the supplying or maintenance of a utility or service such as but
not restricted to transmission and distribution lines, water and sewerage pumping stations, hydro and telephone
stations, and communication devices.", and by adding the following to Part XXVI; "Utility Service Buildings or
Structures" Notwithstanding any other provisions of this By-law, Utility Service Buildings or Structures shall
be permitted in any zone, provided that where such building or structure is located in a residential zone it
shall comply with all lot, height, yard and coverage regulations prescribed for such zone, there shall be no
open storage of "goods, materials or equipment, any building or structure shall be designed, erected and main-
tained in a manner compatible with residential buildings of the type permitted in said zone, and such building
or structure shall be subject to any conditions which may be imposed by the Planning Advisory Committee.", to
permit essential services and pUblic utility type buildings and structures in all zones, but where they are
330
.,
N B Tel
, Marj orie;:Thompson
Zoning By-Law
re utility service
bldg orsstrucnure
Zoning By-Law
,
Municipal Plan
By-Law
'Potash Terminal
Broad Street
Plann. Advisory C6mm
'G. C. Mouland
, Port of Sa i nt John
David Brown
,South End Develop-
ment Corp. 'Inc.
"
Becky Bordage
established in'residential zones they shall comply with development standards applicable to the usual
permitted buildings and structures and subject to the approval of the Planning Advisory Committee, as
requested by N.B. Tel. No person was present with respect to the proposed amendments.
.
Consideration was given to the following correspondence with respect to the above Zoning By-
Law amendment, namely: (a) a letter from the Planning Advisory Committee, dated March 19th, 1980, advising
that on March 3rd, 1980 the Committee considered an application by N. B. Tel to amend the Zoning By-Law in
order to permit the erection of a,Jumper Wire Interface at Millidge and Daniel Avenues, and recommends in
favour of the proposed amendment; and (b) a letter from Mrs. Marjorie G. Thompson, 181 Bayside Drive,
dated April 25th, 1980, objecting to the proposed amendment, which will permit the erection of a sub-
station by N. B. Tel on the lot adjacent to her property, and stating that she feels this would be unattrac-
tive in a residential area and will also have an effect on property values in the area.
In reply to a query, Mr. Winch advised that the original application of N. B. Tel was for
permission for the structure 'at Millidge and Daniel Avenues, however, the Planning Advisory Committee is
recommending an amendment which would permit this type of installation and other devices, in general in
the City, however, such installations would be subject to additional conditions when constructed in a
residential area, and that each application in a residential area would be considered by the Planning
Advisory Committee as a conditional use.
I
On motion of Councillor Landers
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", be read a first time.
1
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above letters from the Planning Advisory Committee
and Mrs. Marjorie G. Thompson regarding the proposed amendment be received and filed.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment
to the Municipal Development Plan so as to permit the establishment of a bulk handling potash terminal
(including railway trackage), with most of the facility to be constructed on a site to be reclaimed from
Courtenay Bay, behind the Imperial Oil Ltd. storage tanks south of Broad Street.
1
Consideration was given to the following correspondence with respect to the above proposed
amendment: (a) a letter from the Planning Advisory Committee, dated April 16th, 1980, advising that
unfortunately the Committee is not in a position to submit its report by that time, and feels that in view
of the many implications of a potash terminal at the proposed location that Council should delay making
its decision until the Planning Advisory Committee has reported, and recommends that Coun~il proceed with
the public hearing scheduled for April 28th, 1980 but not render a decision until the report of the
Committee has been submitted and considered; (b) a letter from Mr. G. C. Mouland, General Manager, Port of
Saint John, advising that on February 6th, 1980 the Port of Saint John requested Common Council to support
the port in developing a bulk handling terminal south of Broad'Street Wharf to handle the export of potash
,from the Sussex mines and in Committee.of the Whole on February 11th, 1980, Council adopted a resolution
supporting the port's recommendation to locate the bulk terminal south of Broad Street Wharf, however, the
development of the terminal is not consistent with the Municipal Plan, and in order for Council to be more
fully cognizant of the proposed bulk terminal, they are submitting a brief to assist during the hearing,
and advising that they will also have representatives present during the hearing who will be in a position
to respond to any questions from Common Council; and (c) a letter from Mr. David M. Brown, Secretary of
the South End Development Corporation Inc., advising'that the Corporation and the Lower Cove Beach Com-
mittee of Concern will be making a joint presentation at this meeting, and submitting a brief on the
proposed potash terminal.
.
Mr. David M. Brown was present at the meeting and stated that although his letter to Council (as
referred to above) states that he was representing the South End Development Corporation Inc., a committee
appointed by the said Corporation has not had an opportunity to report back to the Corporation, and
therefore he was not appearing on their behalf, and in addition, the name of the committee he is repre-
senting should be the Cove Beach Committee. Mr; Brown read his prepared brief at this time, copies of
which had previously been forwarded to the Council members, which outlines concerns about the proposed
potash terminal at this location for the following reasons; increased'noise and traffic, dust and dirt,
declining property values and increased vandalism; submitting that the City in facilitating the construc-
tion of the facility on this site by allowing the amendment in question is encouraging a situation which
adds up to a bad planning decision, and a number of alarming trends emerge from this decision, namely: (1)
"ringing" the South End on the west, south and east by industrial uses; (2) unduly increasing the traffic
load on Broad, Dock and Crown Streets which would encourage other South End streets to become thoroughfares;
(3) encouraging the continued encroachment of the port into traditional residential and recreational areas
of the City; (4) blocking access to the harbour front for the public to recreational or public use; (5)
encourage ad hoc decisions and short term advantages instead of encouraging proper community planning; and
(6) demoralize neighbourhood citizen groups who depend upon the City to plan in their best interest. The
brief recommends that the amendment not be made and that the City prohibit the use contemplated or in the
alternative, that the City undertake a study, with proper citizen input into the best location of such a
facility.
I
1
In reply to a query of Councillor Wayne regarding Council's authority regarding reclaimed land
in the forebay area, Mr. Rodgers stated that he would have to examine the agreement and statutes per-
taining to this area and report at a later time.
Miss Becky Bordage, a resident of the South End, displayed photographs to the Council members of
the area of the proposed potash terminal, and stated that she is not against development of a potash
terminal, but feels the proposed area should remain as an open space area, for the enjoyment of citizens.
She stated that this is the only area the citizens of the South End have to enjoy a natural environment
and with extremely little work it could be made more accessible for the said citizens.
.
~
,..
.;-~..,. .-.
. .'t"~., ~"-'
..". ...-,. -.
331
.
David Thompso
The Fundy
\ North Fisher
mens Assoc
S.J. Commerci
, Fishermens
Assoc.
I
, Joan Pearce
1 'Bruce Scott
'Leo McCluskey
. 'Joan Parfitt
'Garnett Phinn
'Port of Saint
John
I
.
Municipal PIa
"
By-Law
I
1
" Market Square
.
IIro.
Mr. David Thompson, a resident of Chan~e H~rbour, appeared before the meeting on behalf of The Fundy'
~orth Fishermens Association and the Saint John Commercial Fishermens Association, and distributed copies of a
prepared brief, which expresses concern with a siltation problem in the Bay of Fundy and its effect on the
fishing industry, and expresses concern that the materials which will be dredged from Courtenay Bay if the
proposed potash terminal is built at the proposed location may be dumped in the Bay of Fundy. The brief
advises that the Associations will be asking the Federal Environmental Protection Service not to issue a
dumping permit and to insist on shore diposal of all dredge spoils which may result from the construction of
this facility and the creation of the docking berths and approaches. Mr. Thompson advised that the Associa-
tions would eventually like to see on-shore disposal of all dredging spoils and suggests that there may be
opportunity for the City to make constructive use of the dredged material as fill, and urges the City to begin
identifying desirable disposal sites so as to take advantage and make the best possible use of this available
material.
Mrs. Joan Pearce, 3 Salisbury Manor, Somerset Park, stated that she is a teacher in a South End
school, and expressed her opposition to the potash terminal being constructed in the proposed location, which
encroaches on the only part of the harbour to which there is public access. She noted that the three levels
of government have expended considerable amounts of money in the South End area over the past few years to
make it a better area in which to live, which she believes it is, and she suggested that people will not be
encouraged to move into a neighbourhood that is noisy, dusty and environmentally unpleasant, which will not
only result from the potash terminal, but from future developments which will undoubtedly follow.
Mr. Bruce Scott, 107 Broad Street, was present at the meeting and expressed his opposition to the
proposed location of the potash facility, and suggested that an alternative site would be Courtenay Bay:
Mr. Leo McCluskey stated that he is pleased to see that the Planning Advisory Committee will be
undertaking a study with citizen in-put before a decision is made on the proposed location of the potash
terminal. He stated that he is not opposed to the,facility, but only to the proposed location. He suggested
that if the proposed location is approved, it will result in a noise factor and an additional traffic problem
caused by transporting of the potash by rail, particularly on Rothesay and Thorne Avenues, as well as causing
a dust problem in the South End area.
No other person was present to speak in opposition to the proposed amendment.
Mrs. Joan Parfitt, 118 Orange Street, spoke in favour of the proposed facility being located in the
South End.
Mr. Garnett Phinney, Port Engineer, read a brief prepared by the Port of Saint John, copies of which
had previously been distributed to the Council members, to support their request for an amendment to the
Municipal Development Plan to facilitate the construction of a bulk handling terminal at the site known as
Broad Street South, which terminal will serve as both a shipping facility onto vessels for export as well as a
storage facility. The brief outlines in detail background information of the proposed facility, including
terminal construction, terminal operation, environmental impact, economic impact, and the potash industry.
The brief concludes that the proposed amendment to the Municipal Development Plan will facilitate the construction
of a bulk handling terminal which in turn will have a positive economic impact on the local economy; the Port
and the City will become one of the principle Canadian Ports for the export of potash and at the same time
both the Port of Saint John and the mining companies will work together to ensure the site is constructed and
operated in such a manner that it will be environmentally acceptable.
Mr. Phinney, responding to the brief'made on behalf of the fishermen's assocations at this meeting,
advised that the Port is not a regulatory body and will have to comply with all regulations under the Ocean
Dumping Act. He stated that the Port of Saint John is willing to talk to anyone concerned with the proposed
location, and he feels a compromise can be reached, in view of the concerns expressed at this meeting.
Regarding a visit made by Port representatives and a City staff member to similar facilities in the State of
California, Mr. Phinney stated that they would be pleased to make available to the Planning Advisory Com-
mittee, all information obtained regarding these facilities. Mr. Phinney noted that Mr. David Silliphant,
Provincial Director of Environment, was present at the meeting, and that the proposed facility will have to
meet environmental guidelines set out by the Province. In conclusion, Mr. Phinney noted that Mr. Keith Busby
of the Potash Company of America, stationed at Sussex, was also present at the meeting.
No other person was present to speak in favour of the proposed amendment.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above proposed amendment to the Municipal Development
Plan be laid on the table, pending a complete study and report from staff, and a recommendation from the
Planning Advisory Committee.
In reply to a query of Councillor M. Vincent as to when a recommendation will be received from the
Planning Advisory Committee, Mr. Winch stated that the Planning staff recommendation is to be considered by
the Committee at a meeting to be held tomorrow, and if the Committee feels conclusive enough information is
available, and a decision is made at that meeting, a recommendation can be forwarded to Council at the next
meeting.
Question being taken, the tabling motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the correspondence received with regard to the above
proposed amendment be received and filed.
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the Federal Cabinet will be dealing with the final approvals for the Market Square Complex
within a few days;
AND WHEREAS the Government of the Province of New Brunswick has given approval and made budget
provision for their contribution to the Project;
AND WHEREAS final documentation is expected to be presented to Council for approval within fourteen
(14) days following Federal Government approval;
332
"
the
AND WHEREAS to show the other levels of Government that the City of Saint John is committed to
Market Square Complex:
SUBJECT TO documentation being submitted for approval,
\
THEREFORE BE IT RESOLVED that the Council approves the amount of $44,095,000.00 for the Market
Square Complex which does not include the total Federal contribution for site containment:
FURTHER BE IT RESOLVED that of the $44,095,000.00 the City's share shall be approximately
$7,600,000.00, which includes the Library cost of $5,000,000.00.".
Councillor M. Vincent stated that when documentation regarding the Market Square Complex is
available for action by Council, it would be his suggestion on behalf of the City Centre Development
Committee, that a full disclosure of all aspects of the project in its entirety be presented in open
session of Council, following which execution of the documents could take place.
.
I
...-
Mr. R. J. Gillis was present at the meeting on behalf of residents of the Rockland Road area,
with respect to a letter forwarded to Council by Mrs. Phyllis M. Reibling on behalf of the said residents,
and with respect to a petition from the said residents, regarding several matters of concern as outlined
in detail in the said letter and brief. Mrs. Reibling and a number of area residents were also present
at the meeting.
The letter from Mrs. Reibling, as referred to above, listed several questions the area'residents I
would like to have answered regarding upgrading of Rockland Road, and in particular, the area between
Cranston Avenue and Main Street, and plans for the North/ South arterial and its affect on the neighbourhood, , -
as well "as the methods of negotiations carried out with respect to the purchase by the City of properties
required for the said roadway. The petition referred to above, refers to the condition of several
buildings on Rockland Road, and advises that they have learned that the City will be erecting a twenty-
foot wall across one of the access roads to their area, and barricade across another access, and requesting
that they be told what access will be available for the residents remaining in the area, following
completion of the proposed highway in this area.
'R. J. Gillis
Petition from
"residents of Rock-
land Road
~hyllis M. Reibling
Mr. Gillis stated that he suggests there has been some misunderstanding and lack of information
to the residents he represents regarding development in the Rockland Road area, which resul~ed in the
above correspondence being forwarded to Council. He stated that generally, the citizens are concerned
with two areas - the upgrading of the area, which was brought before Council approximately one year ago
by the residents, and also, they would appreciate having the opportunity of being informed of the facts
surrounding the new arterial highway to the hospital and regarding land assembly in the area. He noted
that a number of citizens ,have been approached to sell their property by representatives of the City,
and it has been indicated to them that Rockland Road would be blocked off at Cranston Avenue, which
would leave Kitchener Street as the only access, which would be unacceptable because of the width and
grade of this road. Mr. Gillis stated that the main concern of the residents is stated in the letter to
Council as follows: "We realize that property to be expropriated for the north-south arterial is necessary
for future development of the City and we realize that the land bank is entirely separate from the
proposed expropriation for the road. If we are given full information, with respect to the access we
are to have to the north-south arterial and other traffic arteries, we will be in a position to decide
whether or not,to sell to the land bank; upon acquiring such information, we would be in a position to
accept or reject the offers made by the City". He suggested that his clients would be prepared to meet
with the Mayor, the Chairman of the Land Committee, and the City Manager, with a view to having a specific
commitment from the City covering the provisions in the 1980 capital bUdget for upgrading of the area of
Rockland Road under discussion, and for a chance to have a full disclosure to the residents of the
intended plans for the land assembly and the arterial highway.
Councillor A. Vincent, Chairman of the City's Land Committee, stated that at no time did the
Land Committee hire Mr. Lunney to act on behalf of the City (as stated in the above correspondence) -
the Land Committee has no power to engage anyone, it can only make recommendations to Council, however,
it cannot stop licensed realtors from approaching property owners and becoming employed on behalf of the
said owners in negotiating the sale of their properties, and at no time did the Committee recommend to
hire anyone, including Mr. Lunney. Regarding the statement of a twenty-foot barrier at Barker Street,
as chairman of the City's Engineering and Works Committee, he stated he can advise that this is not
true, and due to a watermain located in this area, the City will be required to make Barker Street on-
grade. Regarding the land assembly in the area, Councillor A. Vincent advised Mr. Gillis that it is not
the intention of the City to land bank unless land becomes available, and no citizen is required to sell
their property for this purpose unless they are willing to sell. He stated that the Land Committee will
only recommend purchase of properties for the land assembly if and when owners .are willing to sell their
property for the appraised value or less, and he further stated that the area will be improved by
construction of the roadway and the calling of public proposals for a deluxe development for this area.
He advised that the City will be instituting expropriation proceedings for the proposed roadway, and
noted that the residents have stated they are not opposed to this roadway, but only on its affect on the
remaining properties.
A lengthy discussion ensued between the Council members and Mrs. Reibling regarding the
negotiations for the purchase of properties for the land assembly project, during which the citizens
were advised that Mr. Lunney approached the City last fall with agreements regarding his property and
some other properties in the area, and the City obtained an extension of these agreements, at no cost,
to the end of December, however, this in no way gave license to Mr. Lunney to approach property owners
as a representative of the City. The residents were also advised that the City has engaged the appraisal
firm of deStecher, Miller & Law to prepare appraisals of properties for the information of the City
should the property owners be willing to sell their property to the City for land assembly purposes. In
reiterating several of the comments contained in the correspondence from the area residents, Mrs.
Reibling referred specifically to statements made to the residents by Mr. Lunney, who alleged he was
acting on behalf of the City negotiating the purchase of properties, to the lack of police protection in
the area, and to the lack of other services to this area. During discussion, Councillor Wayne questioned
the fact that a homeowner had water service to her property at 186 Rockland Road cut off, namely, a Mrs.
Young, and that the City would not accept payment as she was informed the people in that area had to
sell their properties to the City. Councillor A. Vincent suggested that the City should place a public
notice in the newspaper tomorrow advising the area residents that no one has the authority to act on
behalf of the City in negotiating the sale of such properties to the City of Saint John.
,
Donald Cook
Mr. Donald Cook, 206 Rockland Road, referred to two letters he received regarding sale of his
property, one being from Councillor A. Vincent and one from Mr. Donald Buck. Mr. Cook was informed that
the first letter he referred to was regarding an extension of the option he had given to Mr. Lunney,
acting as a private realtor, and the other letter was to advise Mr. Cook that a private appraisal firm
has been engaged to conduct an appraisal of his property. It was noted that Mr. Cook's property is not
required for the arterial highway, and if he is not willing to sell his property to the City for land
assembly, he is not required to do so.
I
.
1
.
I
I
.
,..
,I.,~- ~:'
~. ..'. .-~ -. .. ""-~
. ... ~..,l" .
333
"Michelle Breen
.
, Holly Hanson
I
I
\R. J. Gillis
Maritime Scrap
, Limited
.'N.B.E.F.C.
"John Shack1eto
I
Mrs. Michelle Breen, 10 Kitchener Stre~t, referred to a letter she received stating that the
City was interested in purchasing her property, and during ensuing discussion, she was advised that her
property is not required for highway purposes.
Mr. Holly Hanson, 158 Rockland Road, spoke of the lack of police protection to this area, and
of damage sustained to his property and the fact that the Police Department took no action following his
repeated calls, to apprehend those responsible for such damage.
Following lengthy discussion regarding the several matters raised by the area residents,
Councillor A. Vincent noted that the City Manager has been asked to have a model prepared of the proposed
arterial highway, and he suggested that a meeting be held on May 8th or 9th, with the residents, and the Land
Corltmtttee',and"any other interested Council members, as well as staff, to view the model and discuss their
concerns as outlined at this meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the City Manager meet with Mr. Holly Hanson to review his
complaint regarding the Police Department, and submit a report to Council.
The Mayor advised the residents that they will be informed of the date of a meeting to be held with
th6n, as suggested at this meeting by Councillor A. Vincent.
The delegation withdrew from the meeting.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the letter from Mr. R. J. Gillis, solicitor for
Maritime Scrap Limited, which company was awarded the tender for demolition of the former N.B.E.P.C. building
and substation, advising that due to wet weather and in initial problems in obtaining the necessary qualified
cutters the work has not progressed as speedily as his client had hoped, and it is their understanding that
construction will not commence on the site at the expiration of the 42-day period for completion of the
demolition contract, and consequently, he requests on behalf of his client, that an extension be given for a
period of thirty days to complete the demolition under the contract, be received and filed and authority be
granted for an extension of thirty days for completion of this project, and the agreement in this regard be
amended accordingly.
Mr. John Shackleton, consulting engineer on the above demolition project, outlined the reasons for
the work taking more time than originaly estimated, and stated that he would recommend that the extension be
granted, provided the land is not required by the City during that period. He stated he would also suggest
that the City might consider charging ground rent for the property for the additional thirty-day period.
Regarding the question of the need for engaging a consulting engineer for this project, Mr. McDermott advised
that the recommendation was made by the Commissioner of Engineering and Works, and that he (Mr. McDermott)
concurred with this recommendation.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that Council meet at 3 p.m. on Tuesday, April 29th, 1980 to
complete the remaining agenda items.
LEGAL SESSION Prior to the regular meeting, the Council met in Legal Session, when there were present Mayor Davis
and Councillors Clark, Elliot, Gould, Landers, Murphy, MacCallum, M. Vincent and Wayne.
Metro Construc
\ tion (1978)
. Ltd.
, Carvell pi t
1
I
.
....
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and Mr. John L. Nugent,
solicitor, concerning the illegal excavation by Metro Construction (1978) Ltd. at the Carvell pit on Manawagonish
Road, advising that the background of the situation reveals that the owner of the land, Jos. A. Likely Limited,
applied for an excavation permit during the week of December 16th, 1979 and Council, at its meeting of March
31st, 1980 approved a bond for the proposed excavation in the amount of $15,000.00 which bond has not been
submitted, and accordingly, no excavation permit has been issued; further advising that excavation operations
are dealt with by the Zoning By-Law and there are two alternative manners in which the City can proceed to
enforce the by-law: by way of summary proceedings in Provincial Court, which is a procedure available for the
enforcement of all by-laws, or by. application to a Judge of the Court of Queen's Bench for an appropriate
Order, which is a procedure established by the Community Planning Act exclusively for by-laws such as the
Zoning By-Law passed pursuant to that Act; and submitting an appropriate resolution if it is believed that
this situation warrants that an application be made to a Judge"of the Court of Queen's Bench, be received and
filed:
AND FURTHER that the following resolution be adopted, namely:_
"WHEREAS Metro Construction (1978) Ltd. has excavated in excess of one meter in depth upon lands
owned by Jos. A. Likely Limited, which lands are identified by the L.R.I.S. Number 55005151 and are shown on
map 06N 54NE, without an Excavation Permit, which Permit is required by the City of Saint John Zoning By-Law,
in contravention of the Community Planning Act, Chapter C-12 R.S.N.B. 1973 and amendments thereto:
THEREFORE BE IT RESOLVED that the Legal Department be authorized to take proceedings pursuant to the
provisions of the Community Planning Act to secure an Order of a Judge of the Court of Queen's Bench of New
Brunswick restraining Metro Construction (1978) Ltd. from the continuation or repetition of the contravention
of the said Community Planning Act.".
Considerable discussion ensued regarding the procedures available to prosecute for violations of the
"Zoning By-Law, and the reason necessitating the Legal Department to apply to Common Council to proceed to
prosecute when such violations occur. Mr. Rodgers outlined the procedures available to the City to proceed in
this matter, and the reasons he is suggesting that an application be made to the Supreme Court, which requires
Council authority in each instance". The question of legal liability in the event of death or injury as a
result of the above illegal operation, and the need for prompt action in having the said operation cease, and
the pit rehabilitated, was considered. Mr. Rodgers stated'that in further discussions held this date regarding
the said gravel pit operation, it is suggested that if the said operation is causing irreversible and irrepar-
able damage, then the question of obtaining an injunction to cease the said operation should be considered.
334
.,
\ .
Natlonal Building
Code
\ Building By-Law
, Carvell pit
, Petition
Rockland Road
'residents
Metro Const.
" Ltd.
,D. Hatfield,
(1978)
Ltd.
"Gerald Peer
StU?y re energy
":'\ conservat ion
,building, city-owne
Eastcan'Consultants
,
, Ltd.
Energy Conservation
Commi ttee
Hughes Surveys Ltd.
woodlot inventory
Moved in amendment by Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the Legal Department be authorized to explore and use .
any process available in order to expedite proceedings in the above matter.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from the City Solicitor with regard to
Council's request for an oplnlon on the status of the National Building Code in the City of Saint John
and the affect of subsequent amendments to the Code following adoption of the Code by Council, advising
that it would appear that there is a serious doubt as to the present status of the 1977 National Building
Code in the City of Saint John and from an examination of all the correspondence and statutes related to
this matter it is his opinion that the City should operate in the immediate short term under the 1975
National Building Code which has been adopted by the Council under its Building By-Law, and to proceed
otherwise, that is, under the authority of the Metric Conversion Act, raises serious doubts about the
City's plumbing regulations as well as the supplements to the Code which the City previously adopted; and
further advising that he has contacted the office of the National Building Code of Canada in Ottawa, and
has been informed that the 1980 National Building Code will be issued very soon, and consequently, from
a legal standpoint, he is recommending that the City then adopt that Code and whatever supplements it
requires, under the provisions of the Community Planning Act and the Saint John Building By-Law, be
received and filed:
AND FURTHER that the City Manager be asked to submit to Council in open session the appropriate
amendment to the City's Building By-Law to adopt the 1977 National Building Code.
I
I
Council was advised that a stop work order has been issued this afternoon regarding the operation
of the Carvell pit on Manawagonish Road, and that work has stopped at this location. The Mayor noted
that the City Solicitor will continue to see that the City's by-law is enforced regarding this operation .
and that rehabilitation takes place.
On motion
The meeting adjourned.
~
At a Common Council, held at the City Hall, in the City of Saint John; on Tuesday, the twenty~
ninth day of April, A. D. 1980, at 3.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, MacCallum,
Pye, A. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and 'Development, S. Armstrong, Deputy
Commissioner'of Engineering, J. Gabriel, Deputy Commissioner of Works,
J. Johnson, Building Inspector, J. Brownell, Assistant Director of
Recreation, J. Dunham, Deputy Chief of Police, R. Thompson, Chief of
Rehabilitation Services, and M. Hanlon, Purchasing Agent
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the correspondence considered at the Council
meeting held on April 28th last from residents of the Rockland Road area, be received and filed.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as
granted for payment of the following invoices, namely:-
Metro Construction (1978) Ltd. - supply of asphalt
D. Hatfield, Ltd. - equipment rental
recommended by the City Manager, authority be
April 1-16, 1980
April '1-15, 1980
$ 8,451.83
$ 8,421. 72
Read a letter from the City Manager advising that on November 19th, 1979 Council approved the
engagement of Mr. Gerald Peer, Consulting Mechanical Engineer, to review energy consumption in major City
buildings and make recommendations ~n energy conservation retrofitting, and submitting the report pre-
pared by Mr. Peer of Eastcan Consultants Ltd. and recommending that the report be received and filed and
the various recommendations be referred to staff for study and implementation.
On motion of Councillor Elliot
I
.
I
I
Seconded by Councillor Green
RESOLVED that the Energy Conservation Study of municipal buildings,
prepared by Mr. Gerald Peer of Eastcan Consultants Ltd., be received and filed and the various recommendations
contained in the Study be referred to staff and the Energy Conservation Committee for study and implementation.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that with regard to engaging a consultant to conduct an
update of the City's woodlot inventory, the lowest proposal submitted by a New Brunswick firm~ namely,
that of Hughes Surveys Ltd., be accepted.
;"
.
r"
., (' )
motlon lost
.1
, Timberlin
Limited
-WQqdlot inven
tory
,I
tender
accepted
motorized
, equi pmen t
.
'Halifax Seed
Co. Ltd.
, triplex mower
tender accept
Loyalist City
\ Towing Ltd
:1
"'vehicle stora
Beyea's Auto
'Sal vage L td
(motion lost)
.
(motion
amended)
I
-I
tender
accepted
,Loyalist City
Towing Ltd
'vehicle towin
Historic Sites
e' & Events Co
Municipal
Historical
, Geological
Museum
It...
g9S
In discussing the proposals recelve 0 con lie e a Dve s u y, r. a rle au lne pre 1
undertaken by the firm of Timberlin Limited, Yarmouth, N.B., which is the firm being recommended by staff to
conduct the said stidy, and advised that this company is licensed in the Province of New Brunswick.
Question being taken, the motions was lost with Councillors Clark, Elliot, Green, Gould, MacCallum
and Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and Deputy Commissioner of
Works, advising that as' requested by Council, staff prepared and advertised a call for proposal to conduct an
update of te City's woodlot inventory, the aim of such proposal call being to select a forestry consultant to
cruise the woodlots and prepare a report setting out the various stands by species, size and conditions, and
make recommendations on each stand as well as ~ommenting on present operating procedures~ and recommending
that Timberlin Limited of Yarmouth, N.S. be authorized to conduct the Forest Inventory Update as specified
and that Common Council approve up to $25,000.00, for such report -- be received and filed and the recommendation
adopted.
Question being taken, the motion was carried with the Mayor and Councillors Knibb, Landers, Pye and
A. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that in accordance with the recommendation of the City Manager,
tenders be awarded for the supply of various pieces of motorized equipment as recommended in the submitted
bid summary:
AND FURTHER that the letter from the City Manager in the above matter, advising that Halifax Seed
Co. Ltd., the only bidder on one triplex mower, have submitted a cheque as a deposit but did not have it
certified and asking that Council approve this bid and that the order be held until the cheque is cleared
thereby assuring the City of the required deposit, be received and filed and Council approve the said bid as
outlined.
Prior to adoption of the above motion, Councillor Landers declared his interest in the matter
although the company of which he is an employee has not tendered on the said equipment.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, the tender of Loyalist
City Towing Ltd., in the amount of $500.00, be accepted for the storage of vehicles impounded by the Police
Department, conditional on the said company obtaining the necessary Planning Advisory Committee approval of
use of the site for this particular purpose, prior to April 30th, 1980, and that if this approval is not
received by April 30th, 1980, that the contract be awarded to Beyea's Auto Salvage Ltd., for a fee of $250.00.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table for two weeks.
Question being taken, the tabling motion was lost with the Mayor and Councillors Clark, Elliot,
Gould, Knibb, Landers, MacCallum, Pye and Wayne voting "nay".
Considerable discussion ensued with the procedure being recommended in the above matter, and Council
was advised that the Planning Advisory Committee will be considering the request of Loyalist City Towing Ltd.
for a conditional use of their property on Ashburn Lake Road to permit the storing of vehicles, at a meeting to
be held this date, and that Planning staff are recommending acceptance of the request to the said Planning
Advisory Committee.
Moved in amendment by Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the date of April 30th, 1980 contained in the above
resolution be changed to May 15th, 1980.
Question being taken, the amendment to the motion was carried with Councillor A. Vincent voting "nay".
During further discussion, several ,Council members expressed the view that the matter should be
referred to"the Planning Advisory Committee for a report and recommendation prior to acceptance of the tender
of Loyalist City Towing Ltd. by Council.
Question being taken, the motion, as amended, was carried with Councillors Clark, Green, MacCallum,
Pye and A. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of Loyalist
City Towing Ltd., in the amount of $12.00 per vehicle towed, be accepted for providing a towing service to the
City of Saint John for the period May 1st, 1980 to April 30th, 1981, and that the company's request for higher
fees for larger units be denied.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager with regard to the
letter from the Historic Sites and Events Committee respecting development of the proposed Municipal Historical
Geological Museum, recommending that the responsibility for the direction of this project be handed over to the
Bicentennial Celebrations Committee, be received and filed and the recommendation adopted.
330
'1
Grant
Lancaster Little
'- League
'tender deposits
"-
Horse & Carriage
Tours
,
Debora Walker
'-
R.R.A.P.
"
\.,
'"
,
"
, ~
Agreement '-
'Irving Oil' Limited
, S. J. Shi pbuil ding
& Dry Dock Co., Ltd
Land exchange
,Bays ide Drive
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the joint letter from the City Manager and the Director
of Recreation and Parks with regard to the request of the Lancaster Little League for assistance regarding
the 1983 Canadian Major Little League Tournament and the 1984 Canadian Senior Little League Championship
Tournament, recommending that Common Council approve the requests in principle, which are as follows: (1)
use of Memorial Field at no cost; (2) financial assistance for a staff person to accompany the tournament
committee to a National Tournament and meeting of Little League Canada; (3) the organization have conces-
sion rights at the tournament site; further advising that there will of course be additional Department
operating costs necessary for these events, in order that the City provide a first-class program; and
also recommending that any profits made from these tournaments be used for upgrading of facilities in
consultation with the Recreation and Parks Department -- be received and filed and the recommendations
adopted.
.
I'
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager with regard to
Council's request that the requirement for deposits on tenders for the supply of goods to the City be
reviewed, advising that the practice of requiring tender deposits for the supply of goods has been in
effect for some years and the City has found the tender deposit a very useful tool in gaining realistic
and accurate delivery dates which staff have found are necessary in order to schedule work projects and
to eliminate costly repairs on makeshift equipment while awaiting the arrival of new equipment that has,
in some cases, been unrealisticly promised as to delivery date, and since the deposits are negotiated by
the City, interest costs are not lost to the, taxpayers and competitive bids assure proper pricing and
there appears to be no lack of competition; advising of results of an inquiry made of other governmental
purchases as to their policy on tenders for the supply of goods; and recommending that bid deposits
continue to be a requirement on tenders for the purchase of goods for the City of Saint John but that the
deposit on tenders for equipment be reduced from 5 percent to 3 percent -- be received and filed and the
recommendation adopted.
I
On motion of Councillor Elliot
.
Seconded by Councillor Landers
RESOLVED
sideration by the incoming Common Council.
that the above matter be laid on the table for con-
Question being taken, the tabling motion was carried with Councillor Gould voting "nay".
On motion of Councillor Green
'Seconded by Councillor Landers
RESOLVED that the letter from the City Manager, advising that as
requested, a meeting was held with principals of the Horse and Carriage Tours and questions regarding
routes, advertising, promotion, fares and schedules were agreed to, and recommending that the proposal be
approved, be,received and filed and the recommendation adopted.
I,
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the letter from Mrs. Debora Walker, submitting
details of the proposed Horse and Carriage Tours, be received and filed.
On motion of Councillor Green
Seconded by Councillor Elliot
, RESOLVED that the joint letter from the City Manager and the Chief
of Rehabilitation Services, submitting details of the Residential Rehabilitation Assistance Program,
which was first introduced in 1973 in conjunction with the Neighbourhood Improvement Program and can best
be explained as a program to improve the housing of low and moderate income people through assistance in
the repair and conservation of existing residential buildings and that the benefits derived from such a
program are the provisions of a decent, safe and affordable accommodation to the owners and tenants;
advising that up to the end of December 1919, a total of $4,200,000.00 has been spent for R.R.A.P. in the
City since the program began, comprising 368 loans and 167 housing units; and further advising that staff
has been advised by Central Mortgage and Housing Corporation that it will extend the Urban Residential
Rehabilitation Assistance Program by providing municipalities with an opportunity to designate new areas
for this very beneficial program -- be received and filed and Council approve submission of a formal
letter of application to Central Mortgage and Housing Corporation for the designation of the areas as
indicated on the submitted plans as Residential Rehabilitation Assistance Program areas.
In ensuing discussion, Mr. Thompson provided details 'of the R.R.A.P. programme, and outlined I' _...,
the additional areas proposed to be included under this programme. ,
.
Councillor A. Vincent stated that he does not understand why the whole area of the City is not
designated as eligible for R.R.A.P. funding, such as has been done in the Province of P.E.I. Mr. Thompson
replied that staff have discussed this possibility with C.M.H.C. on several occasions and were advised
that this is not possible due to the present funding available. Mr. McDermott noted that staff will be
meeting with C.M.H.C. representatives tomorrow and this possibility could be explored at that time.
Councillor A. Vincent proposed a motion, which was not seconded, that the matter be tabled and that the I~_~,'
Unity Committee travel to Ottawa to obtain approval for inclusion of the whole of the City of Saint John
under the R.R.A.P. programme.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the joint letter from the City Manager and Mr. John
L. Nugent, Solicitor, advising that the City entered into an agreement dated October 21st, 1977 with
Irving Oil Limited and Saint John Shipbuilding & Dry Dock Co., Ltd. for the exchange of lands necessary
to permit the expansion of the Dry Dock and relocation of Bayside Drive and the agreement expressly
piovided that as soon as Bayside Drive had been relocated as anticipated, the City would stop up and
close the portion of Bayside Drive replaced by the relocated street and convey the discontinued portion
to the Dry Dock; and further advising that the plan and description of the portion of Bayside Drive to be
stopped up a~d closed are now available and it is in order for Council to authorize the Common Clerk to
advertise notice of the Council's intention to consider the closing of that portion of Bayside Drive
shown as Parcel "A" on the submitted plan -- be referred for consideration in Legal Session.
.
,..
337
.
\ Traffic By-La
re Hilyard St
& University
Ave.
1
I
.
"Municipal PIa
By-Law
'Wm. K. Usher
Grand Bay
I
re-zoning
-, Wm. K. Usher
Grand Bay
.
re-zoning
conditions
I
.1
.
tender
accepted
, W.A.C.
Excavators
Cedar Point
, Mobile Home
Park
.....
(Councillor Gould withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor submitting a proposed
amendment to the Traffic By-Law to prohibit.parking on Hilyard Street from Chesley Drive to Portland Street
and its eastern termination, and to prohibit parking on University Avenue for its entire length, be received
'and filed:
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", be
read a first time,
Councillor Landers voted "nay" to the above motion.
Read a first time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
Traffic on Streets in The City of Saint John Hade Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto", be read a second time.
Councillor Landers voted "nay" to the above motion.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in
The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
(Councillor Gould re-entered the meeting)
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify the front 10-acre portion of property formerly owned by William K. Usher, designated as L.R.I.S.
Number 295287, and located on the western side of Number 7 Provincial Highway at the boundary between the City
of Saint John and the Village of Grand Bay, from Low Density Residential to District Centre Commercial, be
read a third time and enacted and the Corporate Common Seal affixed thereto.
Councillors Clark, Green and Knibb expressed their opposition to the development of the above
property by Food City Limited.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Green and Knibb
voting "nay".
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne.
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning the front 10-acre portion of property formerly owned by William K.
Usher, designated as L.R.I.S. Number 295287, and located on the western side of Number 7 Provincial 'Highway at
the boundary between the City of Saint John and the Village of Grand Bay, from "RS-2" One- and Two-Family
Suburban Residential to "B-2" GEmetaI- Business district, be read a third time and enacted and the Corporate
Common Seal affixed thereto:
AND FURTHER that the above re-zoning be on condition that the developer, Food City Limited, enter
into an agreement with the said City pursuant to Section 39 of the Community Planning Act, providing for but
not restricted to.the following conditions: (a) a building(s) containing less than 20,000 square feet of floor
area (on portion of property situated in City); (b) the developer shall convey to (at no cost) or vest with
the City a 14-foot strip of land across the full frontage of its property for purposes of creating an additional
turning lane, and shall also pay the cost of establishing this 'improvement; (c) the developement shall be }
serviced to the satisfaction of the Engineering and Works Department, including an extension of sanitary ,
sewerage from the Village of Grand Bay but at no cost to the City; (d) the development shali be subject to the'
approval of the Fire Marshal; (e) that building, landscaping, parking and other site plan features shall be
approved by the Deputy Commissioner of Community Planning; and (f) that the developer acknowledge that any
development beyond 20,000 square feet in floor area (on the portion of 'land within the City) will require a
further re-zoning application 'and the undertaking of a market' feasibility study to be submitted and approved
by the City.
Question being taken, the motion was carried with the Mayor and Councillors Clark, Green and Knibb
voting "nay".
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the tender of W.A.C.
Exavators, in the amount of $13,965.00,- be accepted for the relocation of fifteen mobile homes within Cedar
Point Mobile Home Park.
, , L'
The City Manager agreed to ascertain the status of the legal survey of the above mobile home park.
338
.,
Land Committee,
'Madeline Summerville
,166 Church Avenue
Church Avenue
,Overpass
Land Committee
'0. Lease
Canadian Mental
"Heal th Assoc.
Land Committee
,Neil Price
'Barnesville Rd
Land Committee
\ Est. of John McGinn
,238 Queen Street
Land Committee
, Easement
sanitary sewer
,James Potter
,William Vaughan
Land Committee
,Walter Campbell
290 Rockland Rd
, North/South Arterial
Land Committee
"Lease
, Uni versi ty Women' 5
Club
Annual report
Saint John Civic
'Employees Pension
Fund
'Environment Comm.
'Nois,e By- Law
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the City of
Saint John purchase the property situate at 166 Church Avenue from Mrs. Madeline Summerville for the sum
of $40,900.00, such property being required for the Church Avenue Grade Separation, and that the Mayor
and Common Clerk be authorized to execute any and all documents related to this transaction.
.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that tenders for demolition or sale and removal of the
above building be called immediately upon title to the above property being transferred to the City.
I
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the City of
Saint John lease rooms 310-313 in the Old Provincial Building at 55 Canterbury Street, to the Canadian
Mental Health Association, at no charge, for rental on a year to year basis, with one month's notice on
either side to vacate, and that the Mayor and Common Clerk be authorized to execute the said lease on
behalf of the City.
1
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the City of
Saint John purchase from Mr. Neil Price approximately 17 acres of land on the Barnesville Road, for the
sum of $36,000.00, with Mr. Price to remove all buildings, and that the City retain $5,000.00 of the
purchase price to ensure that the site is left in a clean condition.
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the City
of Saint John purchase the building and interest of the Estate of John McGinn in the land situate at 238
Queen Street, for the appraised value of $7,500.00.
.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, the City of
Saint John acquire the 20-foot easement required for the Grandview Avenue sanitary sewer, plus the right
to use 20 feet on the eastern side of the easement during the period of construction, involving an area
of approximately 6,000 square feet, from Mr. James Potter and Mr. William Vaughan for the sum of $1,300.00.
On motion of Councillor A. Vincent
I
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the property
situate at 290 Rockland Road and identified in red on the submitted plan, be purchased from Mr. Walter
Campbell for the sum of $51,000.00, such property being required for the North/South Arterial, and that
Mr. Campbell be permitted to salvage the pipes for the hot water system; and further, that vacant possession
be given on the date of closing, and that the Mayor and Common Clerk ,be authorized to execute any and all
related documents with respect to this transaction.
Question being taken, the motion was carried with Councillors MacCallum and Wayne ,voting "nay".
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the City of
Saint John lease the basement of the Old Provincial Building situate at 55 Canterbury Street, to the
University Women's Club for the purpose of sorting and storing used books, on a month to month basis at a
rental of $1,,00 per month, and that the Mayor nd Common Clerk be authorized to execute the said lease on
behalf of the City.
.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED.that the annual report and 'financial statements of the
Pension Fund, as at December 31st, 1979, be received and filed.
1
Discussion ensued with Mr. Park regarding investments as outlined in the above Pension Fund
annual report.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the City's Environment Committee
expressing concern about the relative inaction of Council regarding the enactment of a Noise By-Law for
the City of Saint John, and stating it is the Committee's understanding that many other cities in North
America have such a law, and it is the Committee's view that a similar by-law would be appropriate in
Saint John as well -- be referred to the City Manager for a report and recommendation.
I
During discussion of the above letter, it was noted that Council had previously considered a
request for enactment of a Noise By-Law for the City, and that it was Council's decision at that time
that the matter not be proceeded with. Deputy Mayor Elliot stated that he would assume that the City
Manager would ascertain from the Environment Committee whether it has additionalnavailable, other than
the "information previously considered by Council, to substantiate their.request for enactment of a Noise
By-Law.
.
"nay".
Question being taken,:,the motion was carried with Council~o~s Knibb, Green and Gould voting
I
~
,...
339
.
Environment
, Committee
by-laws
By-Law Enforce
, ment Officer
'Ci ty Solid tor
I
Historic Sites
., & Events
Corrnilittee
I
'Loyalist Days
St. John
, Ambulance
.
Counc. M.
" Vincent
1 \ Kelly Lake
\
Counc. Pye
Canada Summer
" Games
.
1
Howes Lake
, Dump
, Carvell pit
-I
.
....
(Councillors Gould and Landers withdrew from the meeting)
On motion of Councillor Wayne
..
"
Seconded by Councillor Green
RESOLVED that the letter from the City's Environment Committee requesting
a review and consolidation of the various City by-laws and acts dealing with dangerous, unsightly and unkempt
premises, and advising that it is apparent to the Committee that some confusion seems to exist between the
City Solicitor's office and the office of the By-Law Enforcement Officer as to precisely what powers the By-
Law Enforcement Officer has pursuant to the various acts and by-laws dealing with the problem mentioned, and
that the Committee's study of the by-laws and acts leaves the Committee with the conclusion that said by-laws
do not go far enough in promoting maintenance of premises within the City with a view to landscaping -- be
referred to the City Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the Historic Sites and Events Committee
recommending that in order to obtain greater support for the Loyalist Days program the City ensure that the
fullest public accountability as to finances and plans of Loyalist Days Inc. be made available which in turn
should create greater participation by the public, and in particular greater support in relation to commercial
displays in the Loyalist Days Parade, be referred to the Loyalist Days Committee, and to the committee of
Councillors appointed to liaise with the said Committee, for consideration.
Councillor Wayne stated she was advised this date by a citizen that the St. John Ambulance was
moving its office from Saint John to Fredericton. The Mayor advised that the said organization was looking
for available land in the City of Saint John, however, a member of their board of directors donated a site in
Fredericton, and a contractor has agreed to construct the building at cost, and he is attempting to have this
organization remain in the City.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the head of the St. John Ambulance organization for New
Brunswick be contacted in an attempt to have the said organization remain in the City of Saint John.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor M. Vincent regarding relocation
of a Provincial office from Saint John, and the letter from Councillor Murphy regarding the Quebec referendum
vote, be laid on the table until the said Councillors are present.
On motion of Councillor Wayne
Seconded by Councillor Elliot
. RESOLVED that the letter from Councillor Wayne, noting that approximately
one year ago Council tabled an item with regard to acquiring the land necessary to undertake work at the Kelly
Lake outlet as contained in the Flood Damage Reduction Agreement, and that this item was tabled until the
Flood Risk Area By-Law was adopted, which by-law was recently adopted by Council, be received and filed and
the City Manager see that the necessary steps are taken to acquire this land so that the work at Kelly Lake
can be completed this summer.
Councillor Wayne advised that the property referred to in the above letter is that owned by Mrs.
Medena Mae Ryan.
(Councillors Gould and Landers re-entered the meeting)
Councillor Pye read from a prepared statement, citing reasons why he feels the hosting of the 1985
Canada Summer Games would be a disadvantage to the City of Saint John, and he proposed a motion that the
COTI@on Council take immediate steps to withdraw its application for the hosting of the said Canada Summer
Ganles. There was no seconder to the proposed motion. Lengthy discussion ensued during which the remaining
Council members expressed their continued support for the hosting of the said Summer Games by the City and the
resultant numerous benefits to the City.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Pye advising that he wishes
to discuss the disadvantages of hosting the Canada Summer Games in Saint John, be received and filed.
On motion of Councillor Pye
Seconded by Councillor Green
RESOLVED that the matter of chemical pollutants in the area of the
former Howe's Lake dumpsite be referred to the City Manager for appropriate and immediate action.
Regarding her letter on the Council agenda with respect to the operation of the Carvell pit on
Manawagonish Road, Councillor Wayne noted that a stop work order was issued ,by the City yesterday and operations
from this pit have ceased.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the City Manager take the necessary steps to have the
Carvell pit on Manawagonish Road rehabilitated to the required specifications.
Regarding the stop work order issued by the City regarding the above operation, Mr. Rodgers stated
he understands from staff that work has stopped at this location; however, Council has authorized further
action with respect to what has taken place and what has to be done with respect to rehabilitation. He stated
he understands the Inspection department will be visiting the site tomorrow and a report will be made to
COlmcil at the next meeting. During ensuing discussion, Councillor Landers stated that while he is not
against legal action being taken in this instance, he would like to see all citizens follow the same laws, and
he hopes that action will be taken against MacKnight Motors on Ashburn Road.
34.0
"'IIIl
sub-post office
Saint John West
re-zoning
'R. D. Purdy Assoc.
'Kiwanis Court
re-zoning
"Bruce Martin
Lorneville
'Canada Week
'George T. Stears
'U.N.B.S.J.
Grant request
"Royal Canadian Legio
'MacKnight Motors Ltd
re derelict vehicles
clay pit
"stop work" order
'Council meeting
'(motion lost)
"
Liquor license
Councillor Green stated he is pleased to announce that the residents of West Saint John will
be receiving a postal facility, which it is expected to be opened the latter part of this week, to be
operated by Mrs. Elizabeth LeBlanc, in property located at 213-215 Ludlow Street, known as the Carleton
St ore.
.
On motion of Councillor Elliot
Seconded by .Councillor Wayne
RESOLVED that the letter from R. D. Purdy Associates, submitting
an application for re-zoning of property on Kiwanis Court to permit construction of an addition to the
existing Saint John Centre fo~ Services to Handicapped Inc. (Key Industries), be referred to the Planning
Advisory Committee for a report and recommendation, and that authority be granted for the necessary
advertising in this regard:
I
AND FURTHER that the advertising fee with respect to the above requested re-zoning be waived,
and the cheque forwarded with the application be returned.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the application from Mr. Bruce Martin for re-
zoning of property at Lorneville, be referred to the Planning Advisory Committee for a report and
recommendation, and that authority be granted for the necessary advertising in this regard.
1
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the correspondence received from The Council for
Canadian Unity regarding Canada We~k celebrations, be forwarded to the Canada Week Committee.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from Mr. George T. Stears, Business
Manager, U.N.B.S.J. advising that the University is planning for its annual spring Baccalaureate Service
to be held on Sunday, May 11th, and requesting that permission be granted for an academic procession to
leave Beaverbrook House at 2 p.m. on that date along the route as outlined, and advising that it is
anticipated that there will be approximately 100 persons in the procession and the route has been planned
to cause minimum disruption to traffic and takes into consideration the one-way street patterns -- be
received and filed and the requested permission be granted.
.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the request of the Saint John District of the
Royal Canadian Legion for financial assistance regarding the New Brunswick Royal Canadian Legion Golf
Tournament which the said District has undertaken sponsoring in 1980, be referred to the grants committee.
1
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from MacKnight Motors Ltd. regarding
their previous offer to collect and dispose of derelict vehicles, be received and filed.
In reply to a query of Councillor Wayne regarding restoration of the clay pit, as referred to
in the above letter, Mr. McDermott advised that there is a little over a year to go ,before the agreement
with MacKnight is finalized, and the City is obligated to fix the pit and this should be done in the
near future. Councillor Landers referred to the continual flagration of the City's laws by MacKnight
Motors, and he asked when action will be taken in this regard by staff. Mr. Rodgers reported that the
company has been served the appropriate notice under the Unsightly Premises By-Law, and he assumes a
time limit was placed in the said notice by the By~Law Enforcement Officer, and if this notice is not
complied with then court action is commenced. He referred to a similar action previously taken by the
City in this regard, and in reply to a further query of Councillor Landers, he stated he does not know
why a stop work order has not been served in this instance - an attempt was made to proceed under
Section 94 of the Community Planning Act to obtain an order from the Supreme Court, however, authority
was not obtained from Council. Mr. McDermott advised that a meeting regarding this matter will be held
tomorrow and he will be able to supply further advice on Wednesday of this week.
.
On motion of Councillor Clark
Seconded by Councillor Landers
RESOLVED that the City Solicitor submit to Council at the next
meeting proper documentation to enable the Legal Department to proceed by way of injunction against
MacKnight Motors Ltd.
1
Question being taken, the motion was carried with Councillors Knibb, MacCallum and Wayne
voting "nay".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that no further Council meetings be held until after
the forthcoming civic election on May 12th, 1980.
I~
The Common Clerk advised that the Council is required to meet once each fortnight.
Question being taken, the motion was lost with the Mayor and Councillors Clark, Elliot, Green,
Knibb, MacCallum, Pye and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board advising that the Board will hear the application of Saint John Labour Club Inc. for a club
license for premises located at Chesley Place, and that the hearing will be held on May 2nd, i980, be
received and filed.
.
~
,....
'.
34,j
. ~. ~
4It Donald Brown
grant request
Menls
'City & Distric
Dart League
I
1
Pierre A. H.
Franche
\National
Harbours Bd.
land exchange
.
:1
Nominating
Committee
" Power Commi s .
,Gordon Boyd
Preservation
Review Board
Wallace Mac-
.... Murray
,
water rate'
arrears
.
1
I ," Deaths
"
Harry
MacFarlane
.
. weight
"'" restrictions
IIro..
On ,motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Mr. Donald Brown on behalf of the
Men's City & District Dart League, advising that he would like to retract his former letter of March 5th,
1980 for financial assistance on behalf of eight playing members of the Saint John City & District Dart
League, but in this event they are not playing under the said League; further advising that eight of their
players in the City won the Provincial Dart Shoot and have the opportunity to go to the Canadian National Dart
Shoot in Winnipeg, June 15th to 22nd inclusive, to represent the City and the Province of New Brunswick, at a
cost of approximately $6,000.00, and requesting financial assistance from the City in this regard, be referred
to the grants committee.
(Councillors Gould and Landers withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Pierre A. H. Franche, Chairman of the
National Harbours Board, with regard to the City's offer to sell to the Board certain properties in the City,
advising that while the Board does not have at this time the necessary authorities from Treasury Board, they
remain interested in acquiring the 124,604 square foot site bounded by Sydney Street, Vulcan Street, Charlotte
Street and Broadview Avenue to provide future additional open space behind the Pugsley wharf under construction,
and similarly, south of the above mentioned parcel of land, the property leased to the Saint John Iron Works
is also of interest to the Board, and in order to minimize future land use conflicts with the surrounding
area, he would hope the City could amend its official land use plans of adjoining lands; further advising that
due to the apparent high costs of this land compared to assessed value and the lack of funds of the National
Harbours Board, City and port officials should consider various options such as land exchanges between the
parties and obviously, any decision would be subject to Treasury Board approval; and further advising that in
order to proceed with this possible land transaction, he has asked the officials of the Port of Saint John to
meet with the,City's officials at the earliest convenience to identify all the property requirements and the
procedures which will be necessary to complete the acquisitions, be referred to the Planning Advisory Com-
mittee, Land Committee, and Port Development Commission, for consideration.
It was noted that two items arising from a 'Committee of the Whole meeting held on April 28th, and
which it had been agreed would be added to Council agenda, were not considered at that meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Nominating Committee, the following
appointments be made: (1) Mr. Gordon Boyd be appointed to the Power Commission for the unexpired term of the
late Mr. Frank Murray; and (2) Mr. Wallace MacMurray be appointed to the Preservation Review Board.
Regarding a statement made at the Council meeting held on April 28th with respect to staff refusing
to accept payment on a water account from the owner of property at 186 Rockland Road, and the fact that water
to the property was shut off as the City wanted to buy the property, Councillor A. Vincent reported that the
said water bill was in arrears, accumulated over a period of sixteen months; that he has been assured by Mr.
Barfoot that no conversation such as that alleged with staff in this regard took place; and that a payment of
$50.00 was refused. He stated that citizens should be encouraged, and not discouraged, from paying their
water accounts.
On motion
The meeting adjourned.
,~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifth day of
May, A. D. 1980, at 4.00 o'clock p.m.
present'
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy,
MacCallum, Pye, A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon Commissioner of Engineering and Works, M. Winch, Deputy
, , .
Commissioner of Community Planning, C. E. Nicolle, Director of Recreatlon
and Parks, J. Gabriel, Deputy Commissioner of Works, S. Armstrong, Deputy
Commissioner of Engineering, J. F. Ross, Chief of Police, J. Johnson,
Building Inspector, D. French, Director of Personnel, G. Soucy, Labour
Relations Officer, and N. MacNeil, Public Relations Manager
Reverend Paul Johnson of Main Street Baptist Church offered a prayer which opened the meeting.
The Mayor referred to the untimely death of Mr. Harry MacFarlane, Chairman of the City's Visitor and
Conve~tion Promotion Committee, which occurred this date. He noted that Mr. MacFarlane had been a member of the
Committee for over ten years and more recently served as chairman of this Committee. He expressed sympathy on
behalf of the Council to Mr. MacFarlane's family and many close friends.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that minutes of the meetings of Common Council, held on April
28th and 29th last, be confirmed.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager and Deputy Commissioner of
Engineering, regarding weight restrictions on Grandview Avenue and Latimer Lake Road, be added to the agenda and
considered at this time.
3,42
..,
weight restrictions
tender accepted
Demoli tion
'Grove Const. Ltd.
'226-230 Rockland Rd
'226~&228 Rockland Rd
Land Committee
~::. -
, Rockland Rd
occupancy of
properties
,:?:"-
\
Lorneville Ratepayer
Assoc.
Dilapidated bldg.
'219 Princess St
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVEC that the letter from the City 'Manager and Deputy Commis~~
sioner of Engineering, dated May 5th, 1980 advising of results of testing carried out by the Department
of Transportation to evaluate the strength of the road bed on Grandview Avenue and Latimer Lake Road, so
as to give further consideration to the request from Metro Construction Ltd. to have the present weight
restrictions, lifted, which testing indicates that the streets measured in the test fall in the range of
60% allowable loading; further advising that the City's current weight restrictions are such as to limit
axle loads to 80% of the allowable" and the By-Law remains in effect until May 30th; and recommending
that the weight restrictions remain in effect -- be received and filed and the recommendation adopted.
.
In ensuing discussion, it was agreed that the Department of Transportation would be requested
to conduct further testing on the said roads prior to May 30th.
1-
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of
Grove Construction Ltd., in the amount of $11,333.00, be accepted for demolition of buildings located at
226 and 230 Rockland Road, and clean-up of debris from fire-damaged buildings located at 226 1/2 and 228
Rockland Road, being the lowest tender received.
1-
Discussion ensued with respect to requests received from several tenants of properties which
the City is purchasing in the Rockland Road area, that they be permitted to remain as tenants in such
buildings until June 30th, 1980.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the above requests be referred to the Land Committee
to study the feasibility of taking over ownership of the' said buildings at a later date, and if this is
not possible, to maintain an arrangement to permit the said residents to remain in the buildings as
tenants until the end of June. .
Referring to a meeting to be held with the Rockland Road area residents as a result of their
appearance before Council on April 28th, Councillor A. Vincent suggested that such meeting be held on
Saturday, May lOth, 1980.
Moved in amendment by Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the Legal Department investigate and report on the
terms of the existing tenancies referred to in the above resolution.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
I
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that ,the joint letter from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Engineering;' regarding the letter to Council from
the Lorneville Ratepayers Association concerning services in their area, advising that the recently
approved 1980 capital works budget includes an item of work on the Lorneville Road to complete the
program of resurfacing mentioned in the letter from the Association; further advising that the work
includes the continuation of the resurfacing program from the end of the repaving project of 1979 to the
line of expropriation, with ditching and culvert improvements where necessary, such project being
estimated at $67,500.00, and although the scheduling of the program has yet to be finalized, it is
expected that the work should be completed before September; and recommending that the Common Clerk
forward a copy of this report to the Association for their information -- be received and filed and the .
recommendation adopted.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that an item respecting the building located at 219
Princess Street be added to the agenda and considered at this time.
Mr. McDermott reported verbally regarding Council's request to have this building condemned
under Section 17 of the 1925 Building Act and proceed with demolition, advising that he met with the I
Building Inspector and the Building Inspector stated he did not recommend declaring this a>dangerous
building within the context of Section 17,of the 1925 Buiding Act, and although this building is potentiall
dangerous, it does not constitute an immediate danger to life and limb. The Building Inspector advised
that he felt that the proper method of dealing with this property, is to follow established procedures
and he is planning therefore to bring this property to Common Council on May 20th recommending demoli-
tion under authority of Section 10(3) of the 1925 Building Act. He further reported that he 'was advised
by the City Soli~itor that under Section 17 of the Act the Building Inspector is given "exclusive and
final authority to demolish what buildings or structures, in whole or in part in the said City shall be
deemed to be dangerous or unsafe, so as to endanger life or limb, or be inadequately provided with 1-'-
protection against fire, or with facilities for the escape of persons in case of fire or panic, and the
said Common Council shall have authority to prescribe what measures shall be taken in 'such instances by'
the owner, or upon his default, by the Inspector of Buildings.". He noted that the City Solicitor
stated that in his opinion the foregoing section allows the City to override the due process procedure,
but he strongly recommends that Section 17 be used only in real emergency situations, and would not be
used for the mere purpose of expediting the process. Mr. McDermott stated that based on the recommenda-
tions of these two staff members, he feels the building should be left 'in position; the Works Department
secured the building last Friday against entrance; and his reason for this is as follows: during 1978
the City issued 75 permits to demolish 171 dwelling units, and in 1979 the City issued 110 permits to
demolish 256 dwelling units, for a total of 427 dwelling units, He noted that he visited Baltimore with
the Mayor and C.M.H.C. representatives and saw what was being done in that city to rehabilitate buildings .
in much worse condition that many of the ones being demolished in Saint John. He approached C.M.H.C. to
determine if a program could be arranged for funding to rehabilitate this building, which was done;
however, after further consideration, it was found that as one of the walls showed signs of.moving, that
the Building Inspector recommended that the building should eventually be demolished, sO,consequently
staff is still attempting to come up with funding programs with C.M.H.C. and other Federal Departments
to make sure that we are not going to demolish buildings which could be rehabilitated. He noted that
officials from the city of Baltimore will be in Saint John on June 5th and 6th next to further explore
~i...,-~~
~
,..
3~3
'.
I
MacKnights
" Motors Ltd
I
.
I
, MacKnight
Motors Ltd
Noranda Metal
, Industries Lt
.
Zoning By-Law
"-
Utility Servic
Bldgs or
Structures
I
I
such a program of rehabilitation. In reply to a query of Councillor Wayne regarding a list previously given
to Council of buildings which in the opinion of the Building Inspector at that time, should be demolished, Mr.
McDermott replied that some of the buildings which might be considered for rehabilitation would be on that
existing list.
In discussion with the Council members with regard to the building at 219 Princess Street, Mr.
Johnson stated that in his opinion he does not feel there is any immediate structural danger; that the Fire
Department reported on the building and recommended demolition in February of this year; that the Fire Depart-
ment has not investigated the building since it was boarded up; that this is an isolated building; the building
has a structural flaw and for that reason he is prepared to bring it before Council in the normal procedure,
which would be May 20th; his Department will be monitoring the building and if it is found that there is any
danger, Council would be requested to take action at an earlier time; in his professional opinion he does not
feel there will be any problem with this building between now and May 20th.
On motion of Councillor Landers
Seconded by Councillor Clark
RESOLVED that the letter from the City Solicitor regarding Council's
request that he bring to Council an appropriate resolution in order to secure an Order from the Supreme Court
with respect to the operation of MacKnight Motors Ltd. on the Ashburn Lake Road, advising that on April 15th,
1980, the By-Law Enforcement Officer served on MacKnight Motors Ltd.,. a Notice under the Unsightly Premises
By-Law, which notice requires the company to remedy the condition within thirty days from the date of service
of the notice, and further advising that in order to commence proceedings for an Order from the Supreme Court,
the submitted resolution is necessary, be received and filed:
AND FURTHER that the following resolution be adopted, namely:-
"WHEREAS MacKnight Motors Ltd. has operated and continues to operate a junkyard/salvage yard on the
company's property located on the northern side of Ashburn Lake Road in the City of Saint John:
THEREFORE BE IT RESOLVED that the City Solicitor, or his designate, be authorized to commence
proceedings pursuant to the provisions of the Community Planning Act to secure an Order of a Judge, of the
Court of Queen's Bench of New Brunswick that MacKnight Motors Ltd. correct its contravention of the City of
Saint John Zoning By-Law.".
Lengthy discussion ensued regarding the above matter, and the question of proceeding under the
Unsightly Premises By-Law and securing an Order from the Supreme Court simultaneously, was considered. During
the discussion, Councillors Khibb, Murphy Wayne, MacCallum, Green, and A. Vincent expressed their reasons for
being opposed to adoption of the resolution submitted by the City Solicitor. The possible relocation of this
operation to another location within the City was also discussed.
Question being taken, the motion was carried with Councillors Green, Knibb, Murphy, MacCallum, A.
Vincent and Wayne voting "nay".
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that the letter from MacKnight Motors Ltd. regarding their
former request for re-zoning of property on Ashburn Lake Road, and the letter from Noranda Metal Industries,
Ltd., Norcast Division, regarding the collection of derelict vehicles in the City, be received and filed.
Regarding the notice served under the City's Unsightly Premises By-Law, Mr. Rodgers stated that upon
expiration of the thirty days mentioned in the notice, the By-Law Enforcement Officer will inspect the property
and determine if the order has been complied with during that time. '
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the City Manager be instructed to meet with the
Planning Advisory Committee and Mr. Alden W. MacKnight, to ascertain if some arrangement concerning the use of
either a portion of Mr. MacKnight's existing property, or other property, would be available so that this
operation could continue, and submit a report to Council.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", by adding the following definition to Section 2: "utility
service building or structure" shall mean a building or structure used with the supplying or maintenance of a
utility or service such as but not restricted to transmission and distribution lines, water- and sewerage
purr~ing stations, hydro and telephone stations, and communication devices.", and by adding the following to
Part XXVI: "Utility Service Buildings or Structures" Notwithstanding any other provisions of this By-law,
Utility Service Buildings or Structures shall be permitted in any zone, provided that where such building or
structure is located in a residential zone it shall comply with all lot, height, yard and, coverage regulations
prescribed for such zone, there shall be no open storage of goods, materials or equipment, any building or
structure shall be designed, erected and maintained in a manner compatible 'with residential buildings of the
type permitted in said zone, and such building or structure shall be subject to any conditions which may be
imposed by the Planning Advisory Committee." -- be read a third time and enacted and the Corporate Common Seal
affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by ,Councillor Murphy
, Traffic By-Law RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
Traffic on Streets in The City of Saint John Made Under the Authority of 'the Motor Vehicle Act, 1973, and
Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed thereto.
.
....
The by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint
John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety
prior to adoption of the above resolution.
344
~
Committee of Whole
Recreation &. Parks
,
Advisory Board
Grant
S.J. Rugby Football
'\ Club
, S.J. Council of ,'~
Women
Grant
"
Municipal Plan By-La
Zoning By-Law
re Market Square
'\ Parking Commission
'Crosswalk, Dock St.
\
Transit Commission
, purchase of buses
Annual Report
'Power Commission
Land Committee
"Donald Cook
'206 Rockland Rd
North/South Arterial
Read 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 begs leave to report that it sat on April 28th, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum, Pye, A.
Vincent, M. Vincent and Wayne, and your Committee submits the following recommendations, namely:-
1. That the letter from the Recreation and Parks Advisory Board with regard to the request of
the Saint John Rugby Football Club for financial assistance, advising that this request does not
qualify under the grant system, but suggesting that the Recreation and Parks Department assist in
obtaining a field and other forms of assistance, be received and filed and the Saint John Rugby Foot-
ball Club be so informed, and the matter be referred to the Recreation and Parks Department for the
necessary action. ?Ee.{I-: o~ _~:"." -..eo
2. That a grant of $1,500.00
a history of the said Council.
be made to the Saint John Council of Women, toward the printing of
Saint John, N. B.,
5th May, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that section 2 of the above report be adopted.
..~ -
Question being taken, the motion was carried with Councillors Clark, Elliot and Knibb voting
"nay".
On motion of Councillor Elliot
Seconded by Councillor Murphy
RESOLVED that the letter from the Planning Advisory Committee
submitting a staff report from the Planning Branch recommending certain changes to the Municipal Plan
and re-zoning in order to facilitate the development of Phase I of Market Square, recommending that the
Municipal Plan and Zoning By-Law be amended in accordance with the recommendations in the said staff
report pertaining to Market Square; and that the Common Clerk be authorized to advertise the recommended
Muhicipa12Plauo.andcZoning By-Law amendments -- be received and filed and the recommendation adopted.
On motion of Councillor Murphy
Seconded by Councillor Green
RESOLVED that as recommended by the Parking Commission, a flashing
light be installed at the pedestrian crosswalk on Dock Street at Market Square.
On motion of Councillor Wayne
.
I
I
.
I
Seconded by Councillor Elliot
RESOLVED that the above matter be laid on the table and referred
to the City Manager and Traffic Department for a report' and recommendation.
Councillor Green, a member of the Parking Commission, noted that the requested flashing light .
would only be a temporary measure during the construction stage of the Market Square project. Regarding
the pedestrian overpass from the City Hall building to the parking garage, Mr. McDermott stated he
expects to submit a report to Council within two weeks.
Questiori being taken, the tabling motion was carried.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that authority be granted for the Transit Commission to
purchase four General Motors Diesel buses at a total cost of.$514,303.00, which will require provision
in the 1981 capital budget to provide for such expenditure.
Councillor Clark, Chairman of the Transit Commission, reported that delivery date for the
said buses is expected to be March 1981, and that as outlined in the above letter, D.T.A.P. funding is
available for 1981 in the amount of $276,147.00'and for 1982 in the amount of $614,190.00. Councillor
A.' Vincent asked that he be supplied with information regarding the fee for the General Motors agent in
Saint John, and information regarding the salary increase of the Commission's General Manager. Councillor
Clark noted that the above recommendation ,is being made bY,the Commission following a public tender
call, and that ,only one tender was received in this regard.
On motion of Councillor Murphy
Seconded by Councillor M. Vincent
RESOLVED that the 1979 Annual Report of the Power Commission
of the City of Saint John, be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, Mr. and Mrs.
Donald Cook be advised that the City of Saint John has no interest in acquiring their property situate
at 206 Rockland Road at the present time and that they are released from any and all obligations that
may have been given in the past.
I
I
.
~
,..
3~'5
.
Land Committee
'Adrice Bordag
'\.160 Church Av
Church Avenue
Overpass
I
Land Committe
"Sandra Melvin
Cedar Point
, Trailer Park
I
Land Committe
Wilson Invest-
" ments
282-284 Rock-
\. land Road
North/South
Arterial
.
" Quebec
I
St. John
, Ambulance
.
" Disabled
persons
, Ci ties of
N.B.
I
, water & sewer
age rates
I 'Crosswalk
.
.....
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as
John purchase the property situate at 160 Church Avenue
$36,000.00, such property being required for the Church
recommended by the Land Committee, the City of Saint
from Mr. and Mrs. Adrice Bordage for the sum of
Avenue Overpass.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that tenders for demolition or sale and removal of the above
building be called immediately upon title to the property being transferred to the City.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, Mrs. Sandra Melvin
be permitted to sign an agreement of purchase and sale with the City of Saint John for the purchase of Lot
Number 47 at Cedar Point Trailer Park, which she presently leases.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that as recommended by the Land Committee, the property
situate at 282-284 Rockland Road and identified in red on the submitted plan, be purchase from Wilson Invest-
ments Ltd. for the sum of $36,000.00, with the closing date and vacant possession to be as of July 31st, 1980,
such property being required for the North/South Arterial, and that the Mayor and Common Clerk be authorized
to execute any and all documents required for the purchase of this property.
Question being taken, the motion was carried with Counciliors MacCallum and Wayne voting "nay".
Deputy Mayor Elliot abstained from voting on the said motion, due to a possible conflict of interest.
On motion of Councillor A. Vincent
Seconded by Councillor Murphy
RESOLVED that tenders for demolition of the above building be called
upon title to the said property being transferred to the City.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the Common Council of the City of Saint John go on record
as favouring Quebec remaining within Confederation and favour the "No" vote in the May 20th referendum and
that the feelings of this Council be conveyed, to the Government of Queb~c and Mr. Claude Ryan.
Councillor M. Vincent referred to the relocation of the St. John Ambulance headquarters from Saint
John to Fredericton, and problems experienced by the said organization with the City in attempting to maintain
their office in Saint John. He noted that this matter was discussed at the last meeting, and that he has
asked the City Manager to prepare'a full report on the problems with the City as related to him. He stated
that he has further been advised by Mr. R. Chisholm of the said organization, that the policy of having
cities, towns, villages, etc. provide land and hopefully a building, to St. John Ambulance for housing of'
their vehicles in an area, is done in all areas of the Province with the exception of Saint John. He stated
that Mr. Chisholm has advised that if this is not done by the City of Saint John he will have no alternative
but to take the ambulances out of the City.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the matter of the provision of facilities for emergency
vehicles of the St. John Ambulance be referred to the City Manager to meet with representatives of the said
organization at the earliest possible time, and to submit a report to Council as soon as possible.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the matter of exerclslng their franchise by disabled
persons under the provisions of the Municipal Elections Act be referred to the Cities of New Brunswick organiza~i(
tion for study and appropriate action.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Murphy
RESOLVED that the matter of the policy of charging for water and sewerage
when such services to a property have been turned off, be referred to the City Manager for review and a recom-
mendation to Council.
Compound.
Councillor Pye stated that he wished to withdraw his letter from the agenda regarding Beyea's Auto
Councillor
at Simms Corner near
on the Bridge Road.
MacKinnon stated he
Pye referred to his previous letter to
the bus shelters which are not clearly
He asked if staff intended to relocate
would like to review this suggestion.
Council regarding the pedestrian crosswalk signs
visible by motorists travelling in either direction
these sign standards next to the curbing. Mr.
On motion of Councillor MacCallum
Seconded by Councillor Elliot
RESOLVED that the above matter be referred to the City Manager for a
report and recommendation.
346.
'Wayne J. Cormier
2123 Loch Lomond Rd
\ mobile home
~Ir0hg Pulp & Paper
water consumption
'Marion Beyea
, Archival Survey
, Petition
residents of City
..... Line
\
Latimore Lake School
Senior Citizens
, Drop- In Centre
LEGAL
SESSION
'Irving Oil Limited
'S.J. Shipbuilding &
Dry Dock Co., Ltd
Land exchange
Bayside Drive
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the request of Mr. Wayne J. Cormier, 2123 Loch
Lomond Road, for temporary permission for the location of a mobile home adjacent to his property, be
referred to the Planning Advisory Committee for a report and recommendation.
On motion of Councillor Wayne
~
.
Seconded by Councillor Elliot
RESOLVED that the letter from Irving Pulp & Paper Limited regarding
water consumption, deficiency charges, be received and filed, and the 'City enter into negotiations
within 90 days, without prejudice, with Irving Pulp & Paper Ltd. to terminate the 1958 Agreement and I'
replace it with an Agreement giving a fixed percentage discount on the rates set out in the current
Water and Sewer By-Law prior to August 15, 1980.
Moved in amendment by Councillor Clark
Seconded by Councillor Wayne
RESOLVED that the above resolution be amended to include any
other alleged agreements in this regard.
During discussion, it was noted that the City Manager had recommended adoption of a motion
such as the one presently being proposed, and that such recommendation was adopted in Committee of the
Whole at the last meeting.
Question being taken, the amendment to the motion was carried with Councillors Green, Gould,
Murphy, A. Vincent and M. Vincent voting "nay".
Question being taken, the motion as amended was carried with Councillors Green, Gould, Murphy,
A. Vincent and M. Vincent voting "nay".
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mrs. Marion Beyea, Provincial
Archivist, regarding the Archival Survey which will be undertaken in Saint John this summer, be received
and filed and Council express its support of the project and ask that City businesses, organizations
and citizens co-operate with the Survey.
On motion of Councillor Murphy
Seconded by Councillor Elliot
RESOLVED that the petition from residents of City Line requesting
erection of a chain link fence in the area, be referred to the City Manager for a report and recommendation.
On motion of Councillor Murphy
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. G. Delano, Principal of Latimore
Lake School, regarding the danger to students caused by trucks hauling in the area, be referred to the
City Manager and Chief of Police for action and a report to Council.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the letter from board members of the Senior Citizens
Drop-In Centre in the City Market building, be added to the agenda and considered at this time.
On motion of Councillor Pye
I
.
I
Seconded by Councillor Murphy .
RESOLVED that the City Manager be requested to arrange to have
the floor of the Senior Citizens Drop-In Centre in the City Market building, retiled.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that this meeting continue, in legal session.
withdrew)
(Councillor Landers re-entered the meeting and Councillors Murphy, A. Vincent and M. Vincent
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the joint letter from the City Manager and Mr. John
L. Nugent, Solicitor, advising that the City entered into an agreement dated October 21st, 1977 with
Irving Oil Limited and Saint John Shipbuilding & Dry Dock Co., Ltd. for the exchange of lands necessary
to permit the ,expansion of the Dry Dock and relocation of Bayside Drive and the agreement expressly
provided that as soon as Bayside Drive had been relocated as anticipated, the City would stop up and
close the portion of Bayside Drive replaced by the relocated street and convey the discontinued portion
to the Dry Dock; and further advising that the plan and description of the portion of Bayside'Drive to
be stopped up and closed are now available and it is in order for Council to authorize the Common Clerk
to advertise notice of. the Council's intention 'to consider the closing of that portion of Bayside Drive
shown as Parcel "A" on the submitted plan -- be laid on the table until the next meeting.
On motion
The meeting adjourned.
I
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.
~
,../
.S~7
.
.
I
I
re-zoning
Cedar Point
... Trailer Park
. Mobile homes
Plan. Advis.
Comm.
I
re-zoning
.
I
At a Common Council, held at the City Hall, in"the City of Saint John, on Tuesday, the twentieth day
of May, A. D. 1980, at 7.00 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Clark, Elliot, Gould, Knibb, Landers, MacCallum, M. Vincent
and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Community Planning, S. Armstrong, Deputy Commissioner
of Engineering, J. Gabriel, Deputy Commissioner of Works, J. F. Ross,
Chief of Police, J. Johnson, Building Inspector, D. French, Director
of Personnel, D. Buck, Deputy Commissioner, Housing and Renewal Services,
G. Soucy, Labour Relations Officer, and N. MacNeil, Public Relations
Manager
Councillor-elect J. Charles Denton offered a prayer which opened the meeting.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on May 5th
last, be confirmed.
The Common Clerk advised that the necessary advertising was completed for the proposed amendment to
the Zoning By-Law to re-zone the Cedar Point Mobile Home Park from "RS-2" Suburban Residential to a mobile home
zone, to "permit the subidivision of the said Mobile Home Park and the sale of individual lots, and that no
written objections were received in this regard. No person was present to speak either against or in favour of
the proposed re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated April 29th, 1980,
which advises that on February 11th, 1980 Council adopted the recommendation of the Committee and assented to
the vesting of streets and land for public purposes in the proposed subdivision of the Cedar Point Trailer Park
and Council was informed at that time that amendments to the Zoning By-Law and/or the approval of variances to
implement the subdivision plan would be considered by the Committee after the tentative lot lines were finalized.
The letter advises that the final subdivision plan is just about completed and at its last meeting the Committee
dealt with the outstanding matters including that of re-zoning, and submits the following recommenedations,
namely: (1) that the following new section be added to the Zoning By-law: "PART V-A(l) - MH-l ZONE 24L In an
MH-l zone, all land shall be used, and all buildings or structures, or parts thereof, shall be placed, erected,
altered or used in conformity with the requirements of Part V-A of this by-law save and except for the following:
(a) Providing a minimum distance of 15 feet separates mobile home units, the minimum lot sizes and yards shall
be as shown on Map Sheet 102-1 of Schedule "A" of this by-law. (b) The provisions of Section 24K(e) shall not
be applicable." (2) that a new map sheet numbered as 102-1 be added to Schedule "A" of the Zoning By-Law,
which new map will indicate the location of the subdivided lots and most of the existing mobile home units at
Cedar Point Trailer Park, the purpose of the map being to establish minimum lot size and yard requirements; and
(3) that the lands constituting the Cedar Point Trailer Park be re-zoned' from "RS-2" Suburban Residential to
"MH-I" Mobile Home classification. The letter further states that in view of the urgency of re-zoning the
property in order to permit the filing of the subdivision plan and the conveyance of lots, Council may wish to
declare an emergency and ,by unanimous consent give three readings to the by-law amendment at the same meeting.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto" with respect to the Cedar Point Mobile Home Park, be read a
first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto" with respect to the Cedar Point Mobile Home Park, be read a
second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded
by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
amendment to the Zoning By-Law be received and filed.
,Plan. Advisory
Committee the above proposed
I
re-zoning
(motion lost)
... North End
Improvement
Assoc.
.
re-zoning
Metcalf, Holly
, & Cunard Sts.
....
On motion of Councillor Wayne
Seconded by Councillor MacCallum
,RESOLVED that an emergency be declared to exist and that the by-law
entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" be given three
readings.
Question being taken, the motion was lost with Councillor Gould voting "nay", the unanimous approval
of the Council members present being required in this instance.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of property on Metcalf Street between Cunard and Holly Streets, identified as L.R.I.S. Number 376822
(formerly Alexandra School), by: (a) changing the designation on Schedule 2-A, the Future Land Use Plan (as
amended by the North End Neighbourhood Plan) of the Municipal Development Plan, from Institutional use to
edium Density Residential, and (b) re-zoning the said property from "IL-l" Institutional to "RM-l" Multiple
348
, ..'
~
re-zoning conditions
Municipal Plan
By-Law
Metcalf, Cunard &
Holly Sts.
Municipal Plan
By-Law
Metcalf, Cunard &
Holly Sts.
re-zoning
Metcalf, Cunard &
Holly Sts.
re- zoning condit ions
re-zoning
Metcalf, Cunard &
Holly Sts.
Plan. Advis. Comm.
re-zoning
Municipal Plan
By-Law
'Sandy Point Rd
(Crescent Lake)
\ Communicon Co.
- ~,-.~
re-zoning conditions
"
Residential classification, to permit conversion of the existing building into 25 one-bedroom apartment
units for senior citizens, as requested by the North End Improvement Corporation, and that no written
objections were received in this regard. No person was present to speak either against or in favour of
the proposed amendments.
_,_ _ .l _ _ .~
"___u .....;>
.
Consideration was given to the letter from the Planning Advisory Committee, dated April 30th,
1980, which advises that the Committee has granted the necessary variances to implement the proposal of
the North End Improvement Corporation, and recommends that the property be redesignated in the Municipal
Plan from Institutional to Medium Density Residential and be re-zoned from "IL-l" Neighbourhood Insti-
tutional to "RM-l" Multiple Residential, pursuant to a resolution under Section 39 of the Community
Planning Act for the following: (a) the use of the property shall be restricted to residential accommo-
dation for senior citizens; and (b) the building, parking, landscaping and other site plan features
shall be approved'by the Deputy Commissioner of Community Planning prior to the issuance of a building
permit .
I
On motion of Councillor ,Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future
Land Use Plan to reclassify property on Metcalf Street between Cunard and Holly Streets (L.R.I.S.
Number 376822) from Institutional to Medium Density Residential, be read a first time. .
Read a first time the by-law entitled, "A Law to, Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
I
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future
Land Use Plan to reclassify property on Metcalf Street between Cunard and Holly Streets (L.R.I.S.
Number 376822) from Institutional to Medium Density Residential, be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Landers
REESOLVED that the by-law entitled, '''A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, by re-zoning property on Metcalf Street between Cunard and
Holly Streets (L.R.I.S. Number 376822), from "IL-l" Neighbourhood Institutional to "RM-l" Multiple
Residential district, subject to a resolution pursuant to Section 39 of the Community Planning Act,
providing for the following: (a) the use of the property shall be restricted to residential accommo-
dation for senior citizens; a~d (b) the building, parking, landscaping and other site plan features
shall be approved by the Deputy Commissioner of Community Planning prior to,the issuance of a building
permit, be read a first time.
I
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the
Zoning By-Law of the City of Saint John and Amendments ,Thereto", insofar as it concerns amending Schedule
"A" of the Zoning Map of the City of Saint John, by re-zoning property on Metcalf Street between Cunard
and Holly Streets (L.R.I.S. Number 376822)', from "IL-l" Neighbourhood Institutional to "RM-l" Multiple
Residential district, subject to a resolution pursuant to Section 39 of the Community Planning Act,
providing for the following: (a) the use of the property shall be restricted to residential accommoda-
tion for senior citizens; and (b) the building, parking, landscaping and other site plan features shall
be approved by the Deputy Commissioner of Community Planning prior to the issuance of a building permit,
be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re-zoning be received and filed.
I
(Councillor Clark withdrew from the meeting)
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of property situated on the east side of Sandy Point Road, at Crescent Lake opposite University
Avenue (L.R.I.S. Number 051417), by (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal
Development Plan to change the designation of the property from Open Space to District 'Centre Commercial,
and (b) re-zoning the said property from "p" Park to "B-2" General Business distrct, to permit development
of a two-storey building for use of business or professional offices, retail stores, personal service
shops (including pharmacy) bank or financial institutions, as requested by Communicon Co. Ltd. It was
noted that letters of objection to the proposed amendments have been received from Mr. Rolf Riegger,
205 Tartan Street, and Dr. Stephen Weyman.
I'
- ,
Consideration was given to the letter from the Planning Advisory Committee, dated April 16th,
1980,' which recommends that the said property be redesignated on Schedule 2~A of the Municipal Development
Plan from Open Space to District Centre Commercial and be re-zoned from "p" Park to "B-2" General
Business district, subject to the applicant and the City entering into an agreement pursuant to Section
39 of the Community Planning Act, providing for but not restricted. to, the following conditions: (a) the
use of the property shall be restricted to business or professional offices, retail stores, personal
service shops (including pharmacy), bank or financial institutions; (b) the development shall be
serviced to the satisfaction of the Commissioner of Engineering and Works., the Fire Marshal and Department
.
~
,...
r-"'-.
349
.,
Dr. S. Weyman
I
I
\
. Deno P. Pappas
I
.
I
, Carleton Curl i
Club Ltd.
,I
Municipal Plan
By-Law
'115,119 Rodney
. 114 Winslow St
.
re-zoning
condition
....
of Environment and all required drawings and'plans shall be approved by such officials and agencies prior to
the issuance of any buildings permits; ,and (c) the building, parking, landscaping and other site plan features
shall be approved by the Deputy Commissioner of Community Planning prior to the issuance of a building permit.
Councillor Wayne referred to a statement contained in the Acres report, referred to in the letter
from Dr. Weyman, that the City shall begin immediately to establish ,special powers to enable the City to
control all aspects of park maintenance and development 'until such time as the City can acquire complete title
to all land within the boundaries designated within the Report, and she asked if the said Report was ever
adopted by the City. In reply, Mr. Barfoot advised that the Acres Report was used as a basis for the City's
Centennial Project in Rockwood Park in 1967 and since that time the City did embark on a policy of land
acquisition within the boundaries of the area covered by the Report, which policy was carried on actively for
some time and more recently the Land Committee has purchased land within the general boundaries of Sandy Point
Road-Ashburn Road, back towards Lily Lake, however, he believes the property which is the subject of the
requested re-zoning was not able to be purchased by the City at a price which was comparable to prices paid
for other land in the area. Councillor Wayne expressed her concern whether the City wants to acquires this
land as part of the Rockwood Park area, and that she was advised by Mr. Nicolle that it was his department's
intention to acquire this piece of property and expand the golf course to eighteen holes, but the City had
problems acquiring the land due to the pur'chase price being asked for. Councillor Landers referred to the
delays in processing this re-zoning application and previous negotiations with the Land Committee by the
property owners for this land; and'noted that three sides of the ,land abut on water, with the remaining side
fronting on Sandy Point Road, and he does not see how it could be used for expansion of the golf course.
Dr. Weyman was present at the meeting and referred to his letter to Council in this regard and to
long-range planning which was undertaken by the City fifteen years ago for this area of the City. He suggested
that zoning and use be continued with no exception in this vital core area and that alternate sites for more
compatible use are available in the general area and could possibly be exchanged for this important park land.
In discussion with the Council members, he noted that Planning staff recommended against the proposal in its
submission to the Planning Advisory Committee.
In reply to a query of Councillor Wayne, Mr. Winch stated that a market study was not a requirement
for this proposal, as the development does not fall under the definition of a shopping centre under the Zoning
By-Law, as it involves only a single parcel of land.
Mr. Deno P. Pappas, Q.C., was present on behalf of the applicant, Communicon Co. Ltd., and agreed
with the statement of Dr. Weyman regarding the plan in the mid-sixties to acquire any lands available in this
area. He noted that application for this development was 'first made approximately two years ago, the purpose
of the application being primarily to permit construction of a two-storey medical arts facility, which would
be close to the new Regional Hospital, and therefore the site is suited to this type of facility. He pointed
out that the recommendation of the Planning Advisory Committee provides for a resolution under Section 39 of
the Community Planning Act, which would limit the use of the property to the proposed development. He referred
to the restrictions being proposed by the Planning Advisory Committee, which have been agreed to by his client.
While he appreciates the views expressed by Dr. Weyman regarding long-range planning for Rockwood Park, he
believes during the course of numerous discussions with the PlariningAdvisory Committee, this matter was
considered and his advice is that it was referred to the Recreation Department, which department stated that
this particular piece of property is not within the expansion plans for the Rockwood Park golf course; as a
result of this, the Planning Advisory Committee is recommending in favour of the development. Mr. Pappas
stated that the City has or controls more than 2,000 acres in this area, and a very small percentage of that
acreage has been developed, and it does not appear to be reasonable to expand the golf course in the direction
of this particular piece of property, which is isolated. As noted in prior discussion at this meeting, Mr.
Pappas stated that the property also does not interfere with the proposed alignment of the North/South arterial
and in the applicant's view the property is ideally suited for the proposed development. In further remarks,
Mr. Pappas referred to previous negotiations with the City for the possible purchase of this property, and
concluded his presentation by suggesting that the Planning Advisory Committee's recommendation be adopted.
(Deputy Mayor Elliot entered the meeting during the foregoing presentation)
In ensuing discussion regarding a proposed neighbourhood plan study for this area of the City, Mr.
Winch advised that the Sandy Point area has remained one of the priorities for neighbourhood planning, however
the Planning branch does not have the staff to carry out the study, unless the department's priorities were
changed. Councillor Landers proposed a motion, which was 'not seconded, that first reading be given to the
requested re-zoning.
On motion of Councillor 'Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table and staff
ascertain if the purchase of this property can be negotiated.
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan amendment and re-zoning, and the letters from Mr. Rolf Riegger and Dr.
Stephen Weyman, be received and filed.
(Councillor Clark re-entered the meeting)
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of properties known as civic numbers 115 and 119 Rodney Street (L.R.I.S. Numbers 363010 and 363580) and
civic number 114 Winslow Street (L.R.I.S. Number 363523), by (a) amending Schedule 2-A, the Future Land Use
Plan of the Municipal Development Plan to change the designation of the said properties from Low Density
Residential to Light Industrial, and (b) re-zoning the said properties from "R-2" One- and Two-Family Residential
to "I-I" Light Industrial district, to place the Carleton Curling Club Ltd. property in a more appropriate
zoning classification so that structural alterations and rebuilding (if necessary) may be permitted for this
use, and that no written objections were received in this regard. No person was present to speak either
against or in favour of the proposed amendments.
Consideration was given to the letter from the Planning Advisory Committee, dated April 30th, 1980,
which recommends that the property (L.R.I.S. Numbers 363010, 363580 arid 363523) be redesignated in the Munici-
pal Plan from Low Density Residential to Major Institutional and be ie-zoned. from "R-2" One- and Two-Family
Residential to "I-I" Light Industrial district, subject to a resolution of Council pursuant to Section 39 of
the Community Planning Act restricting the use of the property to a curling rink.
350
",
,Municipal Plan
By-Law
'115, 119 Rodney St
114 Winslow St
're-zoning
'115,119 Rodney St
'114 Winslow St
re-zoning conditions
Municipal Plan
By-Law
'Hickey Road
'Moose Mountain Farms
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by 'amending Schedule 2-A, the Future
Land Use Plan to reclassify properties known as civic numbers. 115 and 119 Rodney Street (L.R.I.S.
Numbers 363010 and 363580) and civic number 114 Winslow Street (L.R.I.S. Number 363523) from Low Density
Residential to Major Institutional, be read a first time.
Read a first time the by-law 'entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto''', by amending Schedule 2-A, the Future Land
Use Plan to reclassify properties known as civic numbers 115 and 119 Rodney Street (L.R.I.S. Numbers
363010 and 363580) and civic number 114 Winslow Street (L.R.I.S. Number 363523) from Low Density Resi-
dential to Major Institutional, be read a second time.
Read a second time the by-law entitled, '''A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to 'Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint. John, by re-zoning properties known as civic numbers 115 and 119
Rodney Street (L.R.I.S. Numbers 363010 and 363580) and civic number 114 Winslow Street (L.R.I.S. Number
363523), from "R-2" One- and Two-Family Residential to "I-I" Light Industrial district, subject to a
resolution pursuant to Section 39 of the Community Planning Act, restricting the use of the property to
a curling rink, be read a first time.
Read a first time the by-law entitled, '''A Law to 'Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
. RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, by re-zoning properties known as civic numbers 115 and 119
Rodney Street (L.R.I.S. Numbers 363010 and '363580) and civic number 114 Winslow Street (L.R.I.S. Number
363523), from "R-2" One~ and Two-Family Residential to "I-I" Light Industrial district, subject to a
resolution pursuant to Section 39 of the Community Planning Act, restricting the use of the property to
a curling rink, be read a second time. '
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re-zoning be 'received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of property comprising approximately 9.5 acres" located on the southerly side of Loch Lomond
Road at the intersection of Hickey Road, and identified as L.R.I.S. Number 313072 and part of L.R.I.S.
Number 426486, by (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan
to change the designation of the property from Low Density Residential to District Centre Commercial,
and (b) re-zoning the property from "RS-2" Suburban Residential to a c9mmercial zone, to permit develop"',
ment of a shopping centre to contain a 14,400 square ,foot furniture store and 30,000 square foot co-
operative retail store, as requested by Moose Mountain Farms Ltd., and that no written objections were
received in this regard. No person was present to speak either against or in 'favour of the proposed
amendments.
Consideration was given to the letter from the Planning Advisory Committee, dated May 15th,
1980, which advises that the proposed development is considered a "shopping centre" according to the
Zoning By-Law and before such a development is permitted the existing City requirements provide that a
trade area marketing survey is to be carried out by the applicant and while the Committee is in favour
of the application and although Moose Mountain Farms Ltd. feels that the required market survey should
not be applicable to this project, nevertheless the Committees wishes to bring the requirement to ,the
attention of Common Council. The letter advises that the Committee recommends that the subject property
(being a portion of L.R.I.S. Number 426486) be redesignated in the Development Plan from Low Density
Residential to District Centre Commercial and be re-zoned from "RS-2" One- and Two-Family Residential to
"sc" Shopping Centre district, subject to the submission of a satisfactory market study and the developer
and the City entering into an agreement pursuant to Section 39 of the Community Planning Act setting out
details of the development" and appropriate requiremen~s.
(Councillor Gould withdrew from the meeting)
Discussion ensued with respect to the market study required by the developer, as referred to
in the above letter from the Planning Advisory Committee, during which Mr. Winch stated that typically a
market study would be done prior to a recommendation being made by the Planning Advisory 'Committee to
Council, however, rather than delaying the matter further, he suggested that Council 'should decide the
application basically on the merits of the development presented to date. Councillor Wayne stated it
was her understanding as a member of the Planning Advisory Committee, that the market study would have
been undertaken prior consideration of the matter by Common Council. Councillor Landers, also a member
of the Planning Advisory Committee, spoke of deliberations of this proposals at the Committee level, and
the technicality encountered requiring a market study prior to approval. He suggested that the develop-
ment will have no detrimental effect on the surrounding neighbourhood, and he questions whether this
requirement of the Zoning By-Law was intended in such a development. Councillor M. Vincent questioned
.
I
I
.
I
.
I
I~
.
~
II'"
:~51
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
'D. Hatfield, L d D. Hatfield, Ltd. - Works Dept. (equipment rental)
.
~I
Plann. Advis.
Committee
I
"Dilapidated
Building
,,2l9 Princess
St.
.
I
.
I
'Demolition
'202 Waterloo
Street
;, Nicolle Rd
'Grove Const.
Ltd.
Tender
accepted
'Loyalist Paint
ing Limited
"Fire Station
~I
\
Tender accepte
Fairvale Const
,
Ltd.
Russell Street
Sewers
.
, Tender accepte
... Fairvale Const
Ltd.
Rothesay Ave
" Sewer
, Watermain
....
whether the proposed development will cover some City watermains in the area, and Mr. Armstrong replied that
the building as such will not be near the water lines on. Loch Lomond Road. Councillor Clark expressed his
agreement with the comments of Councillor Wayne regarding the market study being undertaken prior to consid-
eration of the re-zoning by Common Council.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table until the
required market study has been undertaken by the developer.
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan amendment and re-zoning be received and filed.
Notice had been sent to Twenty-Seven Holdings Ltd., Mortgagor; Central Trust Company of Canada,
First Mortgagee; Central Trust Company of Canada, Second Mortgagee; Lloyd's Heating Service Ltd., Notice of
Conditional Sale Agreement; and Shell Construction Ltd., Third Mortgagee, to appear at this meeting to show
cause, if any, why the building located at 219 Princess Street should not be removed or destroyed as a
dangerous or dilapidated building. Mr. Johnson referred to his report to Council and stated that in his
opinion this three-storey masonrY/WOOd frame building has been badly fire-damaged and as a result of this
damage, the structure is unsafe and is dangerous to the public, and he would therefore recommend that the
said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the
building under the provisions of the 1925 Building Act. No person was present with respect to the said
property.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that notice having been given to Twenty-Seven Holdings Ltd.,
Mortgagor; Central Trust Company of Canada, First Mortgagee; Central Trust Company of Canada, Second Mortgagee;
Lloyd's Heating Service Ltd., Notice of Conditional Sale Agreement; and Shell Construction Ltd., Third
Mortgagee, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint
John, of the building located at, civic number 219 Princess Street, in the City of Saint John, requesting that
the said owners appear before this meeting of the Common Council to show cause why the said building should
not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the
Building Inspector; the Common Council hereby deems and declares the said building located at 219 Princess
Street, in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Twenty-Seven Holdings Ltd., Central Trust Company of
Canada, Lloyd's Heating Service Ltd., and Shell Construction Ltd. are hereby required to remove or destroy
the said building situate at civic number 219 Princess Street, in the City of Saint John, within ten days
after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Twenty-Seven Holdings Ltd., Central Trust
Company of Canada, Lloyd's Heating Service Ltd., and Shell Construction Ltd. to remove or destroy the said
building situate at civic number 219 Princess Street, in the City of Saint John, in compliance with the
request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered
from the said Twenty-Seven Holdings Ltd., Central Trust Company of Canada, Lloyd's Heating Service Ltd., and
Shell Construction Ltd.
On motion of Councillor Elliot
April 16-30, 1980
$ 11,395.28
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tenders of Grove
Construction Ltd., for demolition of buildings located at 202 Waterloo Street and Nicolle Road (L.R.I.S.
Number 335307), in the amounts of $2,130.00 and $1,468.00, respectively, be accepted, being the lowest tenders
received.
On motion of Councillor Elliot
On motion of Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the tender of
Loyalist Painting Limited, in the amount of $4,680.00, be accepted for painting of the interior and exterior
of the No. 8 fire station at Millidgeville, being the lowest tender received.
(Councillor Gould re-entered the meeting)
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, the contract for
Russell Street, Separation of Combined Sewers, be awarded to the low tenderer, Fairvale Construction Limited,
in the amount of $94,659.00.
Councillor MacCallum noted that last year, this company was one of two companies which failed to
comply with the request of the City to provide a list of its employees and their addresses, and therefore he
will oppose the motion.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the contract for
Rothesay Avenue Watermain and Storm Sewer Construction, be awarded to the low tenderer, Fairvale Construction
Limited, in the amount of $79,401.00.
352
~
, D. Haggarty
'Canteen concession
Dominion Park
\ Marsh Greek Flood
Damage Reduction
Agreement
Forebay
Marsh Creek bridge
Woodlawn Park Subdiv
... Expropriation
" Glen's Take Out Ltd
,Royal Bank of Canada
,Pizza Delight Corp.
'RoyNat Ltd
'Shell Canada
Loch Lornond Rd
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
Read a letter from ,the City Manager ,advising that one bid, namely, that of Simonds Caterers
Limited in the amount of $850.00, has been received as the result of a public tender call for the
operation of the canteen concession at Dominion Park for the 1980 season, however, since the tenders
closed on May 7th, 1980, a letter'has been received from Mr. H. F. Fuller, Manager of Simonds Caterers
Limited, advising of the serious illness of his wife and. expressing his desire to withdraw his bid;
further advising that as a result of this request and so as to expedite the opening of this concession
by June 1st, 1980 the staff of the Recreation and Purchasing Departments contacted Mr. D. Haggarty, the
present concessionaire at Fisher Lakes and for many years the operator of the concession at Dominion
Park, to determine if he might'be interested, once again, in this concession, and Mr. Haggarty has
indicated that he would be willing to operate the concession and has offered $800.00 for the tender;
and recommending that Simonds Caterers Limited be permitted ,to withdraw 'their tender and also that the
concession for operating the canteen at Dominion Park be awarded to Mr. D. Haggarty for a fee of
$800.00.
.
I
Councillor Landers proposed a motion, which was not seconded, that the above tenders be re-
called.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the above letter be received and filed and the
I
recommendations adopted.
Question being taken, the motion 'was, 'carried with Councillor Landers voting "nay", stating
that' he feels the City's tendering procedure should be adhered to, and referring to a 'decision made by
Council last year to award a canteen concession without proceeding to a public tender call.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager, submitting a
list of work to be done under the Marsh Creek Flood Damage Reduction Agreement, and a schedule for its
completion, as previously requested by Council, and noting that all 'funds have to be expended prior to
March 31st, 1982 and the City will not be able to claim for funds expended until the acquisition of the
Forebay has been completed, be received and filed.
.
In reply to a query of Councillor Wayne regarding. meetings with the Provincial Department of
Transportation with respect to land required to facilitate construction of the Marsh Creek bridge, Mr.
Armstrong stated he is aware there was a meeting this date between the Irving officials and Provincial
representatives in this regard. With regard to the matter of determing ownership of the lake bed of
Kelly Lake, ,as referred to in the above letter from the City Manager, Mr. Armstrong stated that it is
expected a decision will be made by one of the City's solicitors on this question by next week.
(Councillor M. Vincent withdrew from the meeting)
I
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager advising that on
January 31st, 1980 Council agreed to accept mortgages offered by the developer as security for the
delivering up of the required performance bonds on Phases 2 and 30f the Woodlawn Park Subdivision,
subject to the approval by Council of the necessary legal documents, and submitting copies of the
relevant mortgage documents, as drafted by the developer and reviewed by the Legal Department, and
recommending that Council approve the mortgage documents -- be received and filed and the recommen-
dation adopted, and that authority be granted for,the Mayor and Common Clerk to execute the said
documents on oehalf of the City.
During discussion, Mr. Rodgers advised that the ,above mortgages will be replaced by the
appropriate performance bonds as security at the time development takes place.
.
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne
voting "nay".
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the joint letter from the City Manager ,and Mr.
John L. Nugent, solicitor, advising that the City has expropriated a portion of lands owned by Glen's
Take Out Ltd., Royal Bank of Canada, Pizza Delight Corporation Ltd., RoyNat Ltd. and Shell Canada I~
Limited, located on the southern side of Loch Lomond Road near its intersection with Bayside Drive; that
the Notice of Expropriation was registered in the County Registry Office on January 9th, 1979 and appraisal
reports were prepared by the firm of deStecher, Miller & Law Ltd. ; and that the Real Estate Department of
th~ City examined the appraisal reports and as a result of discussions with the appraiser, changes were
made to the reports, which were approved by the Real Estate Department in December of 1979; further
advising that one of the owners, Royal Bank of Canada had indicated it, was unprepared to release infor-
mation to the City concerning the balance of money owing on the mortgage held, and as a result the deter-
mination of the compensation due to each of the owners has been delayed, and this has now been resolved
and it is in order for Council to authorize payment of compensation in accordance with the revised I;
appraisal reports and to demand physical possession of the property from the former owners, be received
and filed:
AND FURTHER that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John, the Expropriating Authority, did on the 9th day of January,
1979 confirm its Notice of In~ention to Expropriate a portion of lands located ,on the southern side of
Loch Lomond Road owned by Glen's Take Out Ltd., Royal Bank of Canada, Pizza Delight Corporation Ltd.,
RoyNat Ltd. and Shell Canada Limited by registering in the Saint John County Registry Office the Notice
of Expropriation;
AND WHEREAS no agreement has been reached with th~ owners concerning compensation for the lands
expropriated;
.
~
,..
353
.
I
I~uilding By-Law
re National
Bu i 1 ding Code
.
I
Performance
Bonds
'Gravel pits
'Grove Const. Lt
'J. D. Irving Lt
"The Rocca Group
.
North End Urban
, Renewal
I,
;"',~~o.-I" /1"
, ;;.> a
rI4,.. !'
C.M.H.C.
'I'committee of
the Whole
Barbara Baird
. - Filliter
Canada Week
......Committee
Plan. Advis. Co
'Wayne J. Cormie
mobile home
.....
AND WHEREAS Section 37(1) 'of the Expropriation Act requires that an Offer and Tender of compensation
be made to the owners based upon the Expropriating Authority's estimate of the value of the lands expropriated;
AND WHEREAS appraisals of the interests of the owners have been prepared by the appraisal firm of
deStecher, Miller & Law Ltd. upon which reports the following Offers and Tenders are made:
NOW THEREFORE BE IT RESOLVED that the following sums be offered and tendered: to Glen's Take Out
Ltd., as owner of the fee simple in the said lands, $11,500.00; to Pizza Delight Corporation Ltd., as owner of
the leasehold interest in the said lands, $1,500.00, plus an amount representing interest calculated at the
rate of 6% per annum on each of the aforesaid sums from April 9th, 1979 to the date of the tendering of the
compensation hereunder:
AND FURTHER BE IT RESOLVED that the sums so offered and tendered be accompanied by a copy and
pertinent appraisal report:
AND FURTHER BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute a Demand for
Possession of the said land.".
(Councillor Landers withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the joint letter from the City Manager and Building
Inspector, advising that the Legal Department has indicated that the Provincial Order-in-Council may not give
the building department authority to enforce the 1977 edition of the National Building Code and requesting
that Council give consideration to amending the Building By-Law to encompass the 1977 edition of the National
Building Code; further advising that when the 1980 edition is printed (probably this fall), there will have to
be a complete revision to the Building By-Law as it is understood that the 1980 edition is not compatible in
form with the Building By-Law; and recommending that first reading be given to the submitted amendments to the
Building By-Law, and that these amendments be referred to the Planning Advisory Committee for its comments -_
be received and filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting the Construction,
Repair and Demolition of Buildings and Structures in the City of Saint John", be read a first time.
Read a first time the by-law entitled "A By-Law to Amend a By-Law Respecting the Construction,
Repair and Demolition of Buildings and Structures in the City of Saint John".
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respect-
ing the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John", be read a
second time.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting the Construction,
Repair and Demolition of Buildings and Structures in the City of Saint John".
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that in accordance with the recommendation of the City Manager
and the Building Inspector, approval be granted for acceptance of performan~e bonds in the amounts noted, for
the guarantee of the rehabilitation of the following gravel pits, namely: (1) Grove Construction Ltd., Kirk-
patrick's Pit, Upper Golden Grove - $10,000.00; (2) J. D. Irving Ltd., Grandview Avenue - $3,500.00; (3) J. D.
Irving Ltd., Saint's Rest - $7,500.00; and (4) The Rocca Group Ltd., Ping Pond Pit, Golden Grove Road _
$5,000.00.
(Councillor Landers re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for the submission of an application to the Provincial and Federal Governments for an extension of the time of
the funding agreement for the North End Urban Renewal Scheme to November 28, 1983, and to increase the total
project cost from $22,145,038 by $7,359,731 to a total of $29,504,769, the City's share of the increase being
30% or $2,207,920:
AND FURTHER that Council approve a request to Canada Mortgage and Housing Corporation to extend the
loan provisions of the agreement to cover 66 2(3% of the actual costs of work, after deducting therefrom all
Federal and Provincial grants and recoveries in connection with the urban renewal scheme, from the original
loan amount of $2,864,328 for an increase of $1,471,946, to a total loan of $4,336,274.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the report of the Committee of the Whole meeting held on
May 5th last, be laid on the table for two weeks.
Question being taken, the tabling motion was carried.
The Common Clerk referred to a resolution adopted in Committee of the Whole recently regarding the
appointment of a chairman of the 1980 Canada Week Committee.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that Mrs. Barbara L. Baird-Filliter be appointed chairman of
the 1980 Canada Week Committee.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee with
regard to the request of Mr. Wayne J. Cormier, 2123 Loch Lomond Road, for temporary permission for the location
3~4z
.,
Plan. Advis. Comm.
\ National Harbours
Board
Plan. Advis. Comm.
, Elda M. Melanson
Subdivision
Plan. Advis. Comm.
"Tenth Holdings Ltd.
Plan. Advis. Comm.
\ Potash terminal
re-zoning South
.~ Broad Street Wharf
Municipal Developme
Plan
'Municipal Plan
By-Law
'Broad Street
, Municipal Plan
By-Law
, Broad Street
Grade separations
" Rothesay Ave &
" Thorne Avenue
Potash terminal
re-zoning
City Manager
, Preservation Review
Board
, Matt, Myles & Chat-
win
, Basic Design Assoc.
adjacent to his property, recommending that Council permit the placement of the mobile
for a period not exceeding one year, be received and filed and the recommendation
of a mobile home
home as proposed
adopted.
.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to the request of the National Harbours Board that the City amend the Municipal Plan and Zoning
By-Law with respect to lands adjoining the block bounded by Sydney Street, Vulcan Street, Charlotte
Street and Broadview Avenue, and the Saint John Iron Works site, recommending that changes to the Develop-
ment Plan and Zoning By-Law with respect to the City-owned and adjoining properties in this area be
considered further at such time as a more definite proposal is received from the National Harbours, be
received and filed and the recommendation adopted.
I
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee with
regard to the proposed subdivision of a portion of the Melanson property situated between Green Head
Road and Dominion Park Road, recommending that the proposed subdivision plan be approved on the con-
dition that the requirement of lands for public purposes be satisfied by the owner deeding at no cost to
the City, and free and clear of all encumbrances, Lot 11 from the 1973 Elda M. Melanson Subdivision
Plan, be received and filed and the recommendation adopted.
I
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from the Planning Advisory Committee
advlsing that Tenth Holdings Ltd. proposes to subdivide an 8.2 acre parcel of land situated on the east
side of Sea Street, south of the C.P.R. tracks, and recommending that Common Council assent to the
proposed subdivision with respect to the new street and accept the amount of $2,280.00 as money in lieu
of land for public purposes, subject to the City and Developer entering into the necessary subdivision
agreement, be received and filed and the recommendation adopted.
.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee with
regard to the proposed potash terminal at South Broad Street Wharf, recommending that the necessary
amenaments to the Development Plan and Zoning By-Law be approved, subject to the project meeting all
appropriate environmental standards; and noting that most of the subject site is presently in the water
t portion of the Harbour and not designated in the Plan nor zoned, but that the project could probably
proceed once the Plan is amended as requested by the National Harbours Board, however, since a significant
water area will be reclaimed, it would be logical and advisable for the entire site to be covered by
uniform Development Plan and zoning classifications - the precise limits of the areas being redesignated
in the Plan and re-zoned will have to be determined and the re-zoning will have to be advertised since
this was not part of the previous advertisement or proposal by 'the National Harbours Board, which could
be done now or at some time in the future -- be received and filed and the recommendation adopted:
I
AND FURTHER that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to reclassify
property on the southeast corner of the central peninsula at 'water's edge, south of Broad Street, from
Port and Open Space to Port, be'read a first time.
(Councillor M. Vincent re-entered the meeting)
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the
Municipal Plan By-Law of the City of Saint John and Amendments'Thereto", by amending Schedule 2-A, the
Future Land Use Plan to reclassify property on the southeast corner of the central peninsula at water's
edge, south of Broad Street, from Port and Open Space to Port, be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor Wayne
I
Seconded by Councillor Gould .
RESOLVED that the City Manager be requested to approach the proper
authorities regarding the grade separations at Rothesay and Thorne Avenues, and ascertain what funds are
available in this regard. .o':.~c:: ,c'
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the matter of zoning of the reclaimed water area
which will form part of the proposed potash facility, be referred to the City Manager for a report.
I
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Edward D. Stephenson, Refinery
Manager, Atlantic Sugar Limited, regarding the proposed potash shipping terminal, and the letter from Mr.
Bruce S. Scott, 107 Broad Street, submitting a petition from citizens who are opposed to the re-zoning to
facilitate the establishment of the proposed potash terminal, be received and filed.
On motion of Councillor Elliot
.
Seconded by Councillor Landers
RESOLVED that as recommended by the Preservation
the firms of Mott, Myles & Chatwin and Basic Design Assoc. be appointed to carry out the
:::
...:
Review Board,
Preservation
~
r"
355
.
, Historic Site
& Events Co
I
'\ granite curb-
ling
I
Dorothy & Kei
,
Adams
77 Glen Road
re-zoning
M. Barry
" Roderick
Dexter Const.
Co. L td
.
re-zoning
South Bay
'Doris McDermo
Crawford Road
re-zoning
I
'John H. Walke
121 Simpson D
mobile home
"Ralph Wilson
Lorneville Rd
George Hannah
, St. John
Ambulance
.
re site for
buildings
I
, Village of
Westfield
re St. John
Ambulance
Assoc.
I
,M.M. Somervil e
resignation
Plan. Advis.
Comm.
Rev. Bernard
A. Toner
'Tabernacle
United Bap-
tist Church
re parking
.
'David Somer,;
ville
S.J. Alumni 0
, U.N.B.
"Saint John
Facts"
.....
Area Implementation Program Study at a maximum cost of $24,000.00, subject to their proposal being refined
to the satisfaction of the Community Planning Branch, with such cost to be equally shared by the City,
Heritage Canada and the Provincial Government, and that the Mayor and Common Clerk be authorized to execute
the appropriate agreement on behalf of the City.
On motion of Councillor Wayne
Seconded by Councillor M.Vincent
RESOLVED that the letter from the Historic Sites and Events Committee,
recommending that the City adopt a program of (a) maintaining granite curbing on a visible and useful location,
(b) resetting granite curbing on an appropriate level for use as curb, and (c) consider placing a row or two
of granite paving blocks immediately next to the granite curbs to emphasize the uniqueness of this type of
sidewalk marker -- be referred to the City Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Mrs. Dorothy Adams and Mr. Keir Adams,
requesting an amendment to the conditions imposed by Council under Section 39 of the Community Planning Act
regarding re-zoning of property at 77 Glen Road which 'permitted an extension to the existing structure for a
take-out restaurant facility, be referred to the City Manager and Planning branch for a report and recom-
mendation.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. M. Barry,Roderick, solicitor,
submitting an application for re-zoning on behalf of Dexter Construction Company Limited regarding property
at South Bay, be referred to the Planning Advisory Committee for a report and recommendation and that authority
be granted for the necessary advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
t RESOLVED that the application from Doris E. McDermott for the re-
zoning of property located on Crawford Road to permit the location of a mobile home, be referred to the
Planning Advisory Committee for a report and recommendation and that authority be granted for the necessary
advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the request of Mr. John H. Walker, 121 Simpson
Drive, for temporary permission for the location of a mobile home adjacent to his property, be referred to
the Planning Advisory Committee for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the request of Mr. Ralph Wilson for permission to
erect a single-family dwelling on his property located off Lorneville Road, be referred to the Planning
Advisory Committee for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Wayne '
RESOLVED that the letter from Mr. George D. Hannah, Superintendent,
#286 Division, St. John Ambulance, advising that the members require a building in the City to hold meetings
and to train members, as well as providing an office, storage space for supplies and shelter for their vehicles, ,
and requesting the assistance of the City in locating and obtaining the use of such a building, be referred
to the City Manager for a report and recommendation on possible sites which could be used for this purpose.
(Councillor Landers re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from the Village of Westfield, expressing
concern that the St. John Ambulance Association may be moving from the City and recommending that the City of
Saint John do all in its power to have the Association remain in the area, be received and filed and the
Village of Westfield be advised of the action being taken by the City in this regard.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the resignation of Mr. M. M. Somerville from the
Planning Advisory Committee be accepted with regret and Mr. Somerville be thanked for his valuable and
dedicated service to the City while a member of the said Committee.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Reverend Bernard A. Toner of Tabernacle
United Baptist Church, advising that in view of the City's recent purchase of certain lots at the corner of
City Road and Haymarket Square and the current demolition of buildings on those properties, and in the event
of a street widening project being carried out, there may be surplus property which could be made available
for parking, and asking what possibilities might exist for either leasing or purchasing parking space in that
area, be referred to the City Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Mr. David Somerville, Secretary-Treasurer
of the Saint John Alumni of the University of New Brunswick, regarding an inaccuracy in the publication
"Saint John Facts" published by the City of Saint John and expressing the hope that this error will be
corrected in the next publication, be referred to the City Manager for correction.
356
LEGAL
S E S S ION
,
Irving Oil Ltd
S.J. Shipbuilding &
, Dry Dock Co., Ltd
,Bayside Drive
Street, closing of
Dexter Construction
,Company Limited
'gravel pit
Court action
'Mayor S. Davis
'Counc. G. Clark
,Counc. L. Murphy
'Counc. L. Pye
Councillor Knibb complimented City staff responsible ,for the publication referred to in
above letter.
the
Prior to the regular meeting, the Council met in Legal Session, when there were present Mayor
Davis and Councillors Clark, Elliot, Gould, Knibb, Landers, MacCallum, and Wayne.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the joint letter from the City Manager and Mr.
John L. Nugent, Solicitor, advising that the City entered into an agreement dated October 21st, 1977
with Irving Oil Limited and Saint John'Shipbuilding & Dry Dock Co., Ltd. for the exchange of lands
necessary to permit the expansion of the Dry Dock and relocation of Bayside Drive and the agreement
expressly provided that as soon as Bayside Drive had been relocated as anticipated, the City would stop
up and close the portion of Bayside Drive replaced by the ,relocated street and convey the discontinued
portion to the Dry Dock; and further advising that the plan and description of the portion of Bayside
Drive to be stopped up and closed are now available and it is in order for Council to authorize the
Common Clerk to advertise notice of the Council's intention to consider the closing of that portion of
Bayside Drive shown as Parcel "A" on the submitted plan -- be received and filed and authority be
granted for the necessary advertising in this regard. .
.,
.
I
On motion of Councillor MacCallum
Seconded by Councillor Elliot I
RESOLVED that the letter from the City Solicitor advising that-
in February 1980 Dexter Construction Company Limited commenced an action against the City of Saint John
claiming that the Company was entitled under the Zoning By-Law, to excavate gravel from its property at
South Bay and the company also claimed that the City Zoning By-Law was invalid because of the procedure
followed when the by-law was enacted in 1977; 'further advising that the action was commenced in the
Court of Queen's Bench of New Brunswick, Trial Division and on May 7th, 1980 Mr. Justice Higgins
rendered his Decision, dismissed the application, 'and upheld the City Zoning'By-Law, and Dexter Construc-
tion Company Limited has commenced appeal proceedings against the Decision, which appeal will probably
be held in September, 1980 -- be received and filed and Mr. Eric L. Teed, Q.C. be retained to act on
behalf of the City regarding the Appeal. .
During discussion with respect 'to the application' for re-zoning from Dexter Construction
Company Limited regarding the property in question, Mr. Rodgers advised that from a legal point of view
there is no conflict between the two 'items - the case presently before the courts will be determined
only on the facts as they exist and the re-zoning does not prejudice the City's case in this regard.
Regarding the question of imposing a time period for the re-application for re-zoning when a
prior application has been turned down by Council, Mr. McDermott agreed to study this question and
report to Council.
On motion
The meeting adjourned.
f/ty
Common ~k
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
sixth day of May, A. D. 1980, at 6.30 o'clock p.m.
present
Samuel Davis, Esquire, Mayor
Councillors Elliot, Gould, Green, Knibb, Landers, Murphy, MacCallum,
A. Vincent, M. Vincent and Wayne'
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, M. Zides, Commissioner of Community Planning
and Development, N. Barfoot, Assistant City Manager, S. Armstrong, Deputy
Commissioner of Engineering, J. Gabriel, Deputy'Commissioner of Works,
C. E. Nicolle, Director of Recreation and Parks, J. F. Ross, Chief of
Police, P. Clark, Fire Chief, D. French, Director of Personnel, G. Soucy,
Labour Relations Officer, and J. Johnson, Building Inspector
On motion of Councillor Gould
Seconded by Councillor Murphy
RESOLVED that minutes of the meeting of Common Council, held on
May 20th last, be confirmed.
Several Council members expressed appreciation on behalf of the Common Council and the citizens
of the City, for the contribution made by Mayor Davis and Councillors Clark, Murphy and Pye during the
term of the present Common Council.
Mayor Davis noted that in his first address to Council on May 24th, 1977 he had selected four
items which he felt were very important: the preparation of a cost and services analysis for the City's
outer zone; the determination of a better way to renew the area south of Wright Street, Winter Street
and Rockland Road; the construction of a civic, cultural and convention centre; and the design and ~(
implementation of a public transportation system. He stated that he leaves the office with a feeling of
gratitude for having had the opportunity of serving as Mayor of Saint John and a feeling of satisfaction
with what has been accomplished during his term.
On motion
The meeting adjourned.
I
.
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r
I
.
~
,..
357
.
Swearing in
\ of new Council
I
I
.
I
.
I
Deputy Mayor
" M. A. Vincent
I
Metro Const.
" Ltd.
Tender
accepted
"Demoli tion
'Paul's Truckin
."250 Rockland R
"Chittick' 5
. (1962) Ltd
" 292 Rockland R
....
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-sixth
day of May, A. D. 1980, at'7.00 o'clock p.m., being the day fixed for swearing in the new members of the Common
Council
Mr. F. S. Haycox, Sergeant-at-Mace, entered the meeting bearing the City Mace, and he .was followed in
procession by Mr. J. F. Ross, Marshal, Mr. D. H. Garey, Common Clerk, Councillors~elect Albert A. Vincent,
Kenneth R. Gould, Hartley G. Green, Charles J. Denton, G. Forbes Elliot, Melvin A. Vincent, John D. MacCallum,
Dennis R. Knibb, Ralph L. Landers and Elsie E. Wayne and Mayor-elect A.R.W. Lockhart.
A.R.W. Lockhart, Mayor-elect, took the Oath of Mayor before the Common Clerk of the City of Saint
John. He then assumed the Chair in Common Council.
Elsie E. Wayne, Ralph L. Landers, Dennis R. Knibb, John D. MacCallum, Melvin A. Vincent, G. Forbes
Elliot, Charles J. Denton, Hartley G. Green, Kenneth R. Gould and Albert A. Vincent did individually take the
Oath of Office of Councillor, and took their seats at the Council Board.
Also present were Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance, F. Rodgers,
City Solicitor, M. Zides, Commissioner of Community Planning and Development, N. Barfoot, Assistant City Manager,
S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle,
Director of Recreation and Parks, P. Clark, Fire Chief, D. French, Director of Personnel, G. Soucy, Labour Re-
lations Officer, J. Johnson, Building Inspector, and N. MacNeil, Public Relations Manager, and a large assembly
composed of relatives of Council members, and other interested citizens.
Mayor Lockhart called the meeting to order.
A special invocation was offered by The Reverend John C. Shrier, rector of Calvary Temple.
Mayor Lockhart then gave the following address:
"At the outset I wish to thank the citizens of Saint John for giving me the opportunity to serve.
My platform and my priorities are already well-kno.~ - specific details will be forthcoming in the days im-
mediately ahead. What I would like to place before the City tonight is a series of related matters which I
believe will be of importance in reaching these goals.
A prosperous city depends on a favourable economic climate and an expanding tax base. In this regard
.1 believe that Saint John has tremendous potential. The companies who have demonstrated their faith in our
City by building and maintaining their businesses have a right to look 'to ,the city government for leadership.
I will therefore ask the members of Common Council to investigate methods by which the advantages of competition
and preferential treatment for local firms can be implemented in a new 'tendering system for the City of Saint
John.
Much good work has been done by previous Councils on the reduction of C1V1C committees. It is my
intention to continue that momentum. My reasons are two-fold: first, I want to increase greatly the participation
of private citizens in the affairs of our City, and second, I believe it is vital that the members of Common
C01L~cil return to their primary responsibility of setting policy. The purpose of the City Manager form of
government is to allow City staff the freedom to carry out the administrative functions and thereby free
C01L~cillors to develop policy, initiate long-range planning, and maintain an evaluation of 'the City staff
performance. In passing I believe that in the main we have an excellent City staff, well-capable of handling
the increased responsibilities that I anticipate will come from a growing and a prosperous Saint John.
In spite of the fact that the Bicentennial Committee for the City has only been appointed recently, I
believe that a good deal of convention business and special events can still be salvaged. Under the able
chairmanship of Mr. Bill Smith of the New Brunswick Telephone Company, I am satisifed that the Committee has
the desire and the experience to provide suitable activities for our 200th birthday. As one who has actively
supported the formation of that Committee since 1974, I want to assure them and the taxpayers of this City,
that they will not lack for support from this Council.
As many of you may be aware, I suffered a severe heart attack in 1976 and I am no longer able to work
at the pace I did ten years ago. This will place additional work on members of Common Council, and I am
pleased to tell you that several Councillors have pledged their strong, personal support to me and have further
indicated that they would welcome the opportunity to assume a larger share of governing the City. My health is
good but it is fragile, and I gladly accept the offer of those sincere Councillors to share the load.
Now it is time to commence our work. With greater citizen participation, with a smaller Common
C01L~cil devoting more of their time to policy and long-range planning, with re-dedication to our stated goals
and our priorities, we shall hopefully together build a better Saint John in the years to come."
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that Melvin A. Vincent be elected Deputy Mayor of the City
of Saint John.
Question being taken, the motion was carried by the unanimous vote of all Council members present.
The Mayor thereupon declared Councillor M. Vincent elected as Deputy Mayor of the City of Saint John.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
Metro Construction (1978) Ltd. - supply of asphalt May 1-13, 1980 $ 19,063.59
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager, recommending that the low
tenders as submitted by Paul's Trucking & Demolition Company Ltd., in the amount of $3,850.00 for demolition of
250 Rockland Road, and Chitticks (1962) Ltd., in the amount of $4,900.00 for demolition of 292 Rockland Road,
be accepted, be laid on the table.
QUestion'being taken, the tabling motion was carried.
358
""Ill
\ Hazardous wastes
Zoning By-Law
, Mobile Homes
,Cedar point,Trailer
Park
Municipal Plan.
, By-Law
"Metcalf, Cunard'&
Holly Sts.
re-zoning
,
Metcalf, Cunard &
Holly Sts.
,
re-zoning conditions
. Municipal Plan By-La
1115, 119 Rodney St
. 114 Winslow St
re-zoning
c
\ 115, 119 Rodney St
114 Wins low St
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the report from the City Manager regarding Council's
request for a report on how hazardous wastes are disposed of in Saint John and for recommendations to
govern their disposal as to eliminate future pollution problems, and also with regard to Council's
request that the City Manager determine how Federal and Provincial laws relating to the disposal of
crankcase oil could be implemented, advising that because the scope of these problems is very broad and
involves many different laws, regulations and jurisdictions, an interim report is being submitted on
progress to date; further advising of results of a meeting held recently involving several City depart-
ments and the Provincial Department of Environment concerning the disposal of hazardous wastes, including
crankcase oil; and noting that, in general, hazardous wastes are disposed of by recycling, incineration,
dilution, neutralization or long-term secure storage and the method to be adopted will depend upon the
type of hazardous waste and basically is a Provincial jurisdiction and the City will continue to work
closely with the Department of Environment to control the improper disposal of hazardous wastes -- be
received and filed and that work continue on efforts to control improper disposal of crankcase oil and
other hazardous wastes.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns (1) adding the following
new section to the By-Law: "PART V-A(l) - MH-l ZONE 24L In an MH-l zone, all land shall be used, and
all buildings or structures, or parts thereof, shall be placed, erected, altered or used in conformity
with the requirements of Part V-A of this by-law save and except for the following: (a) Providing a
minimum distance of 15 feet separates mobile home,units, th~ minimum lot sizes and yards shall be as
shown on Map Sheet 102-1 of Schedule "A" of this by-law. (b) The provisions of Section 24K(e) shall not
be applicable."; (2) adding a new map sheet numbered as 102-1 to Schedule "A" of the by-law; and (3) re-
zoning the lands constituting the Cedar Point Trailer Park from "RS-2" Suburban Residential to "MH-l"
Mobile Home classification -- be read a third time and enacted and the Corporate Common Seal affixed
thereto.
.
I
I
The by-law entitled, "A Law'to Amend the Zoning By-Law of the City of Saint John and Amendments .
Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by, Councillor Green
RESOLVED that the by-law entitled, '''A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the FutUre Land
Use ~lan to reclassify property on Metcalf Street between Cunard and Holly Streets (L.R.I.S. Number
376822) from Institutional to Medium Density Residential, be read a third time and enacted and the
Corporate Common Seal affixed thereto. .
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On,motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning property on Metcalf Street between Cunard and
Holly Streets (L.R.I.S. Number 376822), from "IL-l" Neighbourhood Institutional to "RM-l" Multiple
Residential district, be read a third time and enacted and the Corporate Common Seal affixed thereto:
I
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning be
on the following conditions: (a) the use of the property shall be restricted to residential accommodation
for senior citizens; and (b) the building, parking, landscaping and other site plan features shall be
approved by the Deputy 90mmissioner of Community Planning prior to the issuance of a building permit.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments .
Thereto" was read in its entirety prior to adoption of the above resolution..
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify properties known as civic numbers 115 and 119 Rodney Street (L.R.I.S. Numbers
363010 and 363580) and civic number 114 Winslow Street (L.R.I.S. Number 363523) from Low Density Residen-
tial to Major Institutional, be read a third time and enacted and the Corporate Common Seal affixed
thereto. /
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by re-zoning properties known as civic numbers 115 and 119
Rodney Street (L.R.I.S. Numbers 363010 and 363580) and civic number 114 Winslow Street (L.R.I.S. Number
363523), from "R-2" One- and Two-Family Residential to "I-I" Light Industrial district, be read a third
time and enacted and the Corporate Common Seal affixed thereto:
re-zoning conditions AND FURTHER that in accordance with Section 39 of the Community Planning Act, the use of the
property be restricted to a curling rink.
I
I
The, by-law entitled, "A Law to, Amend the Zoning 'By-Law of the City of Saint John and Amendments .
Thereto" was read in its entirety prior to adoption of the above resolution.
~
.....
II"'"
.'~59
'.,Municipal Plan
By-Law
, potash terminal
I
Mr & Mrs. Leo
, Maillet
'Committee of th
I Whole
Bicentennial
" Committee
terms of
. reference
"
I R. J. Gillis
N B R Holdings
, Ltd
151 Loch Lomond
Road
John C. Mason
Thistle-St.
, Andrews Curlin
Club
.
I
Thistle-St.
, Andrews Curlin
Club
rollerskating
I Plan. Adv. Comm
, Dept. Natural
Resources
.
.....
On mo~ion of Councillor Kriibb
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify the site of the proposed potash terminal, south of Broad Street, from Open Space and Unclassified
Harbour Area to Port, be read ,a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
,
ments Thereto" was read in its entirety priot to adoption of the above resolution.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. and Mrs. Leo Maillet, 133 Broadview
Avenue, . objecting to re-zoning to permit the proposed potash terminal, copies o~ which had been distributed at
this .meeting, be received and filed.
Read 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 begs leave to report that it sat on Tuesday, May 20th, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Knibb, MacCallum, M. Vincent and Wayne, and your Committee'
submits the following recommendation, namely:-
1. That Council adopt the terms of reference of the Bicentennial Committee, as submitted in a letter
from Mr. W.H.R. Smith, Committee Chairman, dated April 29th, 1980.
Saint John, N. B.,
26th May, 1980.
Respectfully submitted,
(sgd.) Samuel Davis,
Chairman.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above report be received and filed and the recommenda-
tion contained therein adopted.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from Mr. Rodney J. Gillis, solicitor, submitting
an application on behalf of N B R Holdings Ltd. for re-zoning of property, 151 Loch Lomond Road; to permit
construction of a proposed recreational facility, be referred to the Planning Advisory Committee for a report
and recommendation and that authority be granted for the necessary adverti3ing in this regard.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from Mr. John C. Mason, President of Thistle-St.
Andrews Curling Club, requesting permission to operate the following four events: (1) Rollerskating, beginning
May 30th to September 26th as follows: (a) open to public; (b) canteen facility in main lounge; (c) supervision
by Club members; (d) Friday, Saturday and Monday operation; (2) a "roast" lobster dinner to honour a well-known
Saint John area gentleman, Mr. Ev Trites, in the main head house area on June 12th; (3) a public sports celebrity
dinner on ice surface during July; and (4) a grand opening dance for members, friends and guests on September
27th, 1980 -- be received and filed and permission be granted for the said four events.
Moved in amendment by Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the above resolution be amended by deleting permission
for the requested rollerskating activity.
Question being taken, the amendment to the motion was carried with Councillors Green, Knibb and
Landers voting "nay".
Question being taken, the motion as amended was carried.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the request of Thistle-St. Andrews Curling Club for
pennission to operate roller skating from May 30th to September 26th, as outlined in the ,above letter, be
referred to the Planning Advisory Committee for a report and recommendation.
The Council members asked that the above matter be considered by the Planning Advisory Committee at a
meeting to be held on May 27th, and a recommendation be submitted for consideration at the next Council meeting.
Councillor MacCallum asked that the letter from the Provincial Department of Natural Resources to the
City Manager, dated May 16th, 1980, copies of which, had been distributed to the Council members as an information
item, be placed on the agenda of the next Council meeting.
On motion
The meeting adjourned.
~eAr~
r
360
~
,
D. Hatfield, Ltd.
Progress payments
Hazen Creek Sewage
'Treatment Plant
'Simpson Const. Ltd.
\
Sprinkler Systems
Vipond Automatic
'Sprinkler Co. Ltd.
,Lancaster Arena
Beaverbrook Rink
\
Tenders rejected
Beach Crescent Lift
, Stat ion
Tender accepted
'Fairvale Const Ltd
'Canterbury St.
'Ward St., Visart St.
,st~rm sewer, watermai
River Road Ratepayers
'Lorneville Ratepayers
fire protection
services
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the second
day of June~ A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent 'and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, M. Zides, Commissioner of Community Planning
and Development, N. Barfoot, Assistant City Manager, M. Winch, Deputy
Commissioner of Community Planning, S. Armstrong, Deputy Commissioner
of Engineering, J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle,
Director of Recreation and Parks, J. ~. Ross, Chief of Police, P. Clark,
Fire Chief, J. Johnson, Building Inspector, B. Steeves, Deputy Building
Inspector, and G. Soucy, Labour Relations,Officer
Councillor Denton offered a prayer which opened the meeting.
On motion of Councillor Landers
Seconded by Councillor M. Vincent !
RESOLVED that minutes of the meetings of Common Council, held
on May 26th last, be confirmed.
On motion of Councillor A. Vincent
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as
granted for payment of the following invoice, namely:-
D. Hatfield, Ltd. - Works Dept. (equipment rental)
recommended by the City Manager, authority be
~
...
May :1-15, 1980
$ 18,531.68
On motion of Councillor Elliot
granted
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager,
for payment of the following construction progress certificates, namely:-
authority be
1.
Hazen Creek Sewage Treatment Plant - Contract Number 2
Simpson Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 17
Retention
Payments previously approved
Sum recommended for payment, Progress
dated May 12, 1980 Partial holdback
$ 1,598,750.00
1,591,393.71
32,000.00
1,545,716.06
Estimate Number 17,
release $ 13,627.65
2.
Sprinkler Systems
Vipond Automatic Sprinkler Co. Ltd.
Installation at Lancaster Arena and Beaverbrook Rink
Original estimated value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 5,
dated May 15, 1980 Final holdback release
2,732.00
$
75,972.00
75,972.00
Nil
73,240.00
$
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager advising'that none
of the tenderers submitted a complete tender for the supply of equipment regarding Contract Number 1 of
the Beach Crescent Lift Station, and that he concurs with the recommendation of the Commissioner of
Engineering and Works and recommends that all the tenders be rejected and tenders be re~invited -- be
received and filed and the recommendation adopted.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the contract
for Canterbury Street storm sewer, Ward Street watermain and Visart Street sanitary sewer be awarded to
the low tenderer, Fairvale Construction Limited, in the amount of $51,884.00.
On motion of Councillor Gould
Seconded by Councillor Knibb ,
RESOLVED that the report 'from the City Manager with regard to
requests received by Council from the River Road Ratepayers Association and , the Lorneville Ratepayers
Association for fire stations in their respective areas, advising that at the present time both these
areas are served primarily by the Church Avenue fire station, with backup from other stations and~ in
the River Road area, from the Grand Bay Fire Department according to the Mutual Aid Agreement, -- be
received and filed and the Ratepayers Associations be advised that present circumstances do not warrant
the construction and manning of further fire stations.
.
I
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.
I
I
.
...4
II"""
.JfH
.
teach-in
fire protection
I
Cornish &
Robinson Golf
"Course Design,;
ers Ltd
, Rockwood' "Park
Golf Course
I
(tabling motion
1 os t)
.
, Sal vage Corps
warra:hts~'
, R.L.G. Manuel
'T. L. Hopey
,
Dept. Natural
Resources
'I 'Rockwood Park
game refuge
" Expropriation
95-101 Britain
Street
,Abe Levine &
Sons Ltd.
.
I
I
.
.....
(Councillor Green entered the meeting)
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table and a teach-in be
arranged with staff on the matter of fire protection in the City.
Question being taken, the tabling motion was carried with Councillor Gould voting "nay".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the firm of Cornish &
Robinson Golf Course Designers Ltd. be awarded the contract to prepare :,design plans, specifications and con-
'tract documents for the nine-hole addition to the Rockwood Park Golf Course, at a cost of $15,000.00, plus
inspection services for the first three holes at a cost of $3,750.00.
On motion of Councillor Wayne
Seconded by COuncillor MacCallum
RESOLVED that the above matter be laid on the table until the matter
of the possible acquisition of property of Communicon Co. Ltd. on Sandy Point Road is finalized.
Question being taken, the tabling motion was lost with the Mayor and Councillors .Denton, Elliot,
Gould, Green, Knibb, Landers, A. Vincent and M. Vincent voting,"nay".
During discussion, Mr. McDermott advised that there are no firms in the Atlantic Provinces capable of
undertaking the required design for the golf course expansion.
"nay".
Question being taken, the motion was carried with Councillors MacCallum, A. Vincent and Wayne voting
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager and Fire Chief, requesting
that warrants be issued to Mr. Richard L. G. Manuel, 120 Guilford Street, and Mr. Terrance Lee Hopey, 33
Birchwood Place, newly-elected members of No.2 Company Salvage Corps and Fire Police, be received and filed
and the request acceded to.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the copy of a letter to the City Manager from Mr. Hugh
Haswell, Director of the Fish and Wildlife Branch of the Provincial Department of Natural Resources, regarding
the designation of Rockwood Park ,as a game refuge or game management area to restrict hunting and trapping,
advising that a metes and bounds description of the outer park boundary will be required in order to prepare
the park description and the covering regulation, be received and filed and the City Manager forward the
information available in this regard, and that the City Manager also investigate other areas in the City which
could be so designated, as previously requested by Council.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the letter from the City Solicitor regarding lands located
at 95-101 Britain Street owned by Abe Levine & Sons Ltd. which land was expropriated by registration of a,
Notice of Expropriation in the Saint John County Registry Office in February 1980, be received and filed:
AND FURTHER that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John, as Expropriating Authority, did on the 22nd day of February, A.D.
1980 confirm its Notice of Intention to Expropriate lands lying on the northern side of Britain Street in the
City of Saint John owned according to county registry records by Abe Levine & Sons Ltd.;
AND WHEREAS no agreement has been reached with Abe Levine & Sons Ltd. concerning compensation of
lands expropriated;
AND WHEREAS Subsection 37(1) of the Expropriation Act requires that an offer of an amount in full
compensation for the interest expropriated, excepting compensation for business loss, be made to the owner, and
also that a tender of an amount equal to 100% of the Expropriating Authority's estimate of the market value be
made to the owners;
AND WHEREAS an appraisal report has been prepared by the appraisal firm of Appraisals (Fundy) Limited,
upon which report the required offer and tender is made:
NOW THEREFORE BE IT RESOLVED that the sum of twenty one thousand dollars ($21,000.00) be offered to
Abe Levine & Son Ltd. in full compensation for their interest in the lands expropriated and further that the
said Abe Levine & Sons Ltd. be tendered the sum of twenty one thousand dollars ($21,000.00) plus an amount
representing interest calculated at the rate of 6% per annum from the 22nd day of May, A.D. 1980 to the date of
the tendering of the sum, as required by the provisions of the Expropriation Act, R.S.N.B. 1973, Chapter E-14:
AND FURTHER BE IT RESOLVED that the sum so offered and tendered be accompanied by a copy of the said
appraisal report.".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS Common Council has by resolution immediately preceding these presents, authorized an offer
and tender of an amount equal to 100% of the Expropriating Authority's estimate of the market value be made to
the owners;
AND WHEREAS Subsection 22(1) of the Expropriation Act, Chapter E-14, of the Revised Statutes of New
362
"'Ill
,
Irving Oil Limited
,
Saint John Ship Build
ing & Dry Dock
'Bays ide Drive
street closing
"
Federation of Canadia
Mayors and Municipal
:".i ties
per diem rate
"
Councillor Denton
'Councillor Gould
'Councillor Green
Councillor MacCallum
Councillor A. Vincent
,
(motion lost),
per diem rate
,
Committee of the
Whole
\ ,
Donald Brown
Can. National Dart
'Shoot
Brunswick 1973, allows an Expropriation Authority to take physical possession of expropriated lands and
premises and occupation as an owner no sooner than ninety (90) days after the date of registration of
the Notice of Expropriation unless an earlier date is agreed to by the occupying owner;
.
AND WHEREAS the subject lands and premises are now occupied by the owners:
NOW THEREFORE BE IT RESOLVED that Common Council does hereby authorize the .taking of physical
possession by the City of Saint John, the Expropriating Authority, of the subject lands and premises
described in the resolution immediately preceding these presents and serving of a Notice of Possession
upon the owner in occupation of the lands and premises.".
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the following resolution, which was adopted by
Common Council in Legal Session on May 20th last, be ratified in 'open session, namely:- "RESOLVED that
the joint letter from the City Manager and.Mr. John L. Nugent, Solicitor, advising that the City entered
into an agreement dated October 21st, 1977 with Irving Oil Limited and Saint John Shipbuilding & Dry
Dock Co., Ltd. for the exchange of lands necessary to permit the expansion of the Dry Dock and relocation
of Bayside Drive and the agreement expressly provided that as soon as Bayside Drive had been relocated
as anticipated, the City would stop up and close the portion of Bayside Drive replaced by the relocated
street and convey the discontinued portion to the Dry Dock; and further advising that the plan and des~r
cription of the portion of Bayside Drive to be stopped up and closed' are now available and it is in
order for Council to authorize the Common Clerk to advertise notice of the Council's intention to
consider the closing of that portion of Bayside Drive shown as Parcel "A" on the submitted plan __ be
received and filed and authority be granted for the necessary advertising in this regard.".
I
I
On motion of Councillor A. Vincent'
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table and the matter
referred to the Land Committee for a complete report at the next Council meeting in Committee of the Whole.
Question being taken, the tabling motion was carried with Councillors Denton, Gould, MacCallum ...
and Wayne voting "nay".
Councillor A. Vincent proposed a motion, which was seconded by Councillor Landers, that the
Mayor and Councillors be authorized to attend the meeting of the Federation of Canadian Municipalities to
be held in Halifax, N.S. from JVile 8th to 11th, and that they be paid the rate of $50.00 per diem, plus
expenses. The Mayor stated that he has been advised by the City. Solicitor that this is not a legal motion,
as the per diem rate to be paid to Council members while out of the City on official City business is
presently set at $25.00 by by-law, and this amount can only be changed by amending the said by-law.
Councillor A. Vincent expressed the view that the per diem rate should be revised.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the Mayor and Councillors Denton, Gould, Green,
MacCallum and A. Vincent be authorized to attend the meeting of the Federation of Canadian Municipalities
to be heldiin Halifax, N.S. from June 8th to 11th next.
-I~
- ."..
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the appropriate by-law be amended to increase the
per diem rate paid to Council members who are required to be out of the City on official business, and
that the .said by-law amendments 'be given first reading.
Question being taken, the motion was lost with the Mayor and Councillors Denton, Elliot, Gould,
Knibb, Landers, MacCall~ M. Vincent and Wayne voting '''nay''.
On motion of Councillor Gould
.
Seconded 'by Councillor Denton
RESOLVED that the per diem rate of $25.00 be paid to the Mayor and
Council~members attending the Federation of Canadian Municipalities conference.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the next meeting of Common Council be held on
I
Monday, June 16th, .1980 at 7 p.m.
Read report~bf the Committee of the Whole
(as follows)
To the
COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
.1
Your Committee begs leave to report that it sat on May 5th, 1980, when there were present
Mayor Davis and Councillors Clark, Elliot, Gould, Green, Knibb, Landers, 'MacCallum, Pye and Wayne, and
your Committee submits the following recommendation, namely:-
1. That the letter from Mr. Donald Brown advising that eight players in the City won the Provincial
Dart Shoot and have the opportunity to go to the Canadian National Dart Shoot in Winnipeg, June 15th to
22nd inclusive, to represent the City and the Province of New Brunswick, at a cost of approximately
$6,000.00, and requesting financial assistance from the City in this regard, be received and filed and
the said request be denied.
.
Saint John, N. B.,
2nd June, 1980.
J:'. . ,O-':'lO::. o:-=- ,c-x. 2:'=-~_'J:::-
/
.J
"...
c
-'.
3'6,3
.
ComIilittee of
, The_Whole
I
City Road Arm-
" oury
I
Market Square
funding
.
\
Arcop Associate
:1,
re-zoning
Kier & Dorothy
, Adams
'77 Glen Rd
re-zoning
conditions
.
,John Walker
I mobile home
Plan. Adv. Comm.
Thistle-St.
"Andrews Curlin
Club
I rollerskating
" residents of
Dufferin Ave
re above
.
....
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the above report be received and filed and the recommen-
dation contained therein adopted.
Read 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 begs leave to report that it sat on Tuesday, May 27th, 1980 when there were present,
Mayor Lockhart and Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, A. Vincent and Wayne, and
your Committee submits the following recommendations, namely:-
1. That as recommended by the City Manager, the City Road armoury building be listed for sale for
$750,000.00 with Canada Permanent Real Estate for a period of one month, with the request that this property
be listed on the Multiple Listing Service, and that the Mayor and Common Clerk be authorized to execute the
agreement in this regard.
2. That the City of Saint John agrees to provide the May and June funding to the Rocca Group for all
Market Square planning, design and related expenses up. to a total of $140,000.00 until such time as the Market
Square Agreement is completed and signed by all levels of government, such advance by the City of Saint John
to the Rocca Group to be considered by Rocca as an advance against the City's share of the future funding for
the Project, it being understood that the City is not financially committed to the project until final approval
is obtained from the Federal and Provincial Governments.
Saint John, N. B.,
2nd June, 1980.
Respectfully submitted,
(sgd.) A.R.W. Lockhart,
Chairman.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that section 2 of the above report be adopted.
In reply to a query of Councillor Landers, Mr. McDermott confirmed that the above funds will be made
available to the developer for Arcop Associates. In discussion with Councillor A. Vincent regarding a request
from the Royal Bank in Montreal that the City guarantee an amount of $300,000.00, Mr. McDermott referred to a
letter considered by Council in Committee of the Whole in March which recommended that the Mayor be authorized
to forward such a letter to the Royal Bank.
Question being' taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council resolution of December 10th, 1970 pertaining to the re-zoning of the'Kier and Dorothy Adams
property at 77 Glen Road be amended by: (1) amending conditions (a) and (b) to read as follows: "(a) the use
of the property shall be restricted to a convenience store and take-out restaurant. (b) the permitted uses
shall be confined to the existing building."; and (2) adding an additional condition so that the type, height
and location of the exhaust from the restaurant will be to the satisfaction of the Building Inspector.
Councillor Wayne stated that she wished to bring to staff's attention the fact that amusement
machines have been placed in the above building, and that she has been told that Mr. Adams is going to apply
for a liquor license for the premises.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council approve for a period not exceeding one year, the placement of a mobile home on the John Walker property
at 121 Simpson Drive.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the Planning Advisory Committee,
Council amend its conditions of approval relating to the zoning of the Thistle-St. Andrews Curling, Club
property by permitting rollerskating, subject to it not taking place after 11:30 p.m., and subject to the Club
meeting the requirements of the Building Inspector.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that the letter from residents of Dufferin Avenue regarding
the above matter be considered at this time.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the letter from residents of Dufferin Avenue in
objection to the request of Thistle-St. Andrews Curling Club for permission to operate rollerskating, for the
reasons as outlined in the said letter, be received and filed.
364
.,
policy re petitions
Building By-Law
, amendment
\
by-laws, reading of
Plan. Adv. Comm.
Ralph Wilson
\
Land Committee
,182 Church Avenue
Olivia Allan
Church Avenue Overpas
Land Committee
C62 St. James St, W.
Robert E. Clark
\.
Land Committee
Spruce Lake
Hamilton's Canadian
Distilleries Ltd.
,
Housing Commission
,Market Square
,
Parking Commission
parking Meter By-Law
re second ticket
,
Douglas P. Muzzerall
mobile home
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that as a matter of Council policy, in future when
petitions are received regarding a matter before Council, such petitions be considered prior to con-
sideration of the said matter.
.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee with
regard to proposed amendments to the Saint John Building By-Law , which were given two readings by Council
on May 20th last, recommending that Council give third reading and adopt the proposed amendment to the
Building By-Law, be received and filed and the recommendation adopted:
I
AND FURTHER that the by-law entitled, ."A By-Law to Amend a By "Law Respecting the' Construction,
Repair and Demolition of Buildings and Structures in the City of Saint John", be ~ead a third time and
enacted and the Corporate Common Seal affixed thereto.
The By-law entitled, "A By-Law to Amend a By-Law Respecting the Construction, Repair and Demolition
of Buildings and Structures in the City of Saint John" was read in its entirety prior ,to adoption of the
above resolution.
(Councillors Gould and Landers withdrew from the meeting)
I
Regarding the necessity of by-laws being read in their entirety prior to third reading, Mr.
Rodgers noted that as previously reported verbally to Council, the Municipalities Act requires the reading
of by-laws in their 'entirety, and that the 'Provincial Government feels that as municipal governments are
primarily law-making bodies, the p~blic should be aware of ,any changes in laws, and that the said Govern-
ment is not interested in amending this laws, which applied to all areas in the Province.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council approve the issuance of a building permit to Mr. Ralph Wilson to permit erection of a
dwelling on a lot situated off the Lorneville Road.
.
Regarding the status of the private roadway of Mr. Wilson, Councillor Elliot suggested that it
should be made clear that this roadway will remain private, with no City services provided, and that Mr.
Wilson should be so informed. Councillor MacCallum suggested that it should be stated that the roadway
will remain a private right-of-way at Mr. Wilson's own expense.
(Councillors Gould and Landers re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, the City of
Saint John purchase 488 square feet of land situate at 182 Church Avenue from Mrs. Olivia Allan for the
sum of $400.00, such land being required for the construction of the Church Avenue Overpass.
1-
On motion of Councillor Green
Seconded by Councillor A. Vincent
RESOLVED that as recommended.by the Land Committee, the
freehold interest of the lot situate at 262 St. James Street West, known as Lot 534, Brooks Ward, be
sold to the lessee, Mr. Robert E. Clark, .for the sum of $2,550.00.
On motion of Councillor A. Vincent
""
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, Common Council .
resolution of August 8th, 1977 regarding purchase of the property interest of Hamilton's Canadian Distil-
leries Ltd. at Spruce Lake, be rescinded, and that the City of Saint John acquire all ,the property
interest of Hamilton's Canadian Distilleries Ltd. in the land at Spruce Lake, having an area of approximately
20 acres, for the sum of $2,000.00, the City being responsible for the preparation of the necessary ,
deeds and surveys for the acquisition of this land.
On motion of Councillor Landers
Seconded by Councillor Elliot,
RESOLVED that the letter from the Housing Commission, advising
that the Conunission understands that the City will require administratOion assistance in connection with
the proposed housing to be constructed in conjunction with the Market Square development and would ask
what part, if any,. the Commission may be able to take through their non-profit company, be referred to
the City Manager and the City Centre Development Committee for consideration.
I
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from the Parking Commission, advising
that the Commission recommends that the Parking Meter By-Law be amended to ,include a second ticket with
an additional fine of $5.00 after a vehicle remains at a meter upon receiving the first ticket, be
referred to the City Solicitor for a legal opinion and a report to CounciL "
I
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that 'the letter from Mr. Douglas P. Muzzerall requesting
permission for the temporary location of a mobile home on ,his property on the Old River Road at Martinon,
be referred to the Planning Advisory Committee for a report and recommendation.
.
~
,...
.31l5
'E. G. Drake
street closing
.'falmoral Cres.
'-M. Gary Davis
,re Sportsplex
I
,
I
Liquor Licenses
Saint John
Lebanon Hold-
.ing Co. Ltd.
Tender accepted
,demolition
\ 250 Rockland Rd
Paul's Trucking
292 Rockland Rd
.
City-owned
\ buildings,
tenders for
demolition
I
'0 Wm Van Malsen
..mobile home
.
LE GAL
S E S S ION
I
\ Al fred Mart in
re damages to
automobile
,
Strescon Limite
I'oMarsh Creek
dyking
Agreement
.
....
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from Mr. E. G. Drake, 378 Balmoral Crescent,
requesting that the short lane between Balmoral Crescent and Russell Hill Road be closed, be referred to the
City Manager for a report and recommendation.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. M. Gary Davis, 18 Ravenscliffe
Court, regarding statements made by Mayor Lockhart regarding the report entitled "Recommendations on the
Financing of a 'Sportsplex' for Saint John", be received and filed.
Councillor Knibb suggested that early consideration should be given by Council to the priority of
the proposed sportsplex.
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that the notice from the New Brunswick Liquor Licensing
Board, advising that the application of Saint John Lebanon Holding Company, Limited for a special premises
(cultural) license regarding property at 273 Westmorland Road will be held considered by the Board on June
6th, 1980, be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager, recommending that the
low tenders as submitted by Paul's Trucking & Demolition Company Ltd., in the amount of $3,850.00 for demo-
lition of 250 Rockland Road, and Chitticks (1962) Ltd" in the amount of $4,900.00 for demolition of 292
Rockland Road, be accepted.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that in the future, tenders for demolition of City-owned
buildings be opened and awarded at regular Council meetings.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the above matter be referred to the City Manager for a
report and recommendation.
Question being taken, the referral motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. William Van Malsen be added to
the agenda and considered at this time.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor M~ Vincent
RESOLVED that the letter from Mr. William Van Malsen requesting
permission to place a mobile home on property located off the Churchland Road, be referred to the Planning
Advisory Committee for a report and recommendation.
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that this meeting continue, in legal session.
On motion of Councillor M. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Alfred Martin, 39 Eden Street,
regarding damage to his automobile which occurred on Red Head Road, advising that he has received a letter
from the City's insurance company stating that they could not substantite his claim and he requests Council
have this investigated to determine the justification of his 'claim, be referred to the City Solicitor and the
City Manager.
General discussion ensued regarding the manner of investigation of claims by the City's insurers.
Read a letter from the City Manager, submitting a letter from Mr. John Nugent of the Legal Department
which indicates a problem which has arisen in the per~ormance of an agreement between the City and Strescon
Limited, dated December 1st, 1978, which provided inter alia that the City would convey an area of approx-
imately 37 acres, consisting of two parcels immediately to the west of the Strescon property in exchange for
the company carrying out the dyking of Marsh Creek and the creation of a holding pond in the area - the work
required to be performed by Strescon has apparently been completed to the City's satisfaction but no conveyance
has occurred since the details of the survey work have just been worked out. Mr. Nugent notes that an amend-
ment to the Municipal Development Plan dated February 19th, 1980 locates a major interchange upon the lands
described in the agreement namely, part of the proposed North/South Arterial. The letter from the City
Manager advises that because the City had made a prior agreement to deed the land to Strescon, the City is
under an obligation to give the deed to Strescon, however, even if the deed is given, the deed cannot be
reg:lstered as under the Community Planning Act, the Development Officer cannot approve a conveyance for
registration that is contrary to the Municipal Development plan; thus, because Strescon cannot register the
deed, the City is in breach of the agreement as the City's obligation was to give 'the deed in registerable
form. The letter further advises that it should be stressed that at the time the Strescon agreement was
entered into, the FENCO study of the Eastern Arterial had just started, and thus the City had no way of
knowing that a conflict would arise. The City Manager outlines three alternative courses of action, and
recommends that the City pursue the second alternative as outlined, in order to satisfy as far as possible its
obligations under the agreement.
366
Ashburn Road
Council Chamber
Quebec Nordiques
A. R. Ellis
DramatilC Order
, Knights of ,Khorasan
"Resusci Baby" c.
Municipal Plan
By-Law
Lorneville Rd
,Bruce Martin
re-zoning conditions
""Ill
Mr. McDermott dispiayed a map of the land in question and during ensuing discussion it was
suggested that Ashburn Road could be used to accommodate the alignment of the Eastern Arterial in this
area.
On motion of Councillor Elliot
.
Seconded by Councillor Denton
RESOLVED that the City Manager be authorized to discuss with the
proper Provincial authorities the suggestion that Ashburn Road be used to accommodate the alignment of
the Eastern Arterial, as discussed at this meeting, and submit a report to Council at the next meeting.
Mr. Armstrong entered the meeting and advised that four one-way ramps are planned for Ashburn
Road, and although final plans have not been made available to Ci~t ataff; 'thec~aid Road would have no
through traffic and there will be no full-service interchange at this location. Regarding action by I
Council on the matter of the Stresconagreement, Mr. McDermott stated he would prefer to meet with the
Provincial authorities, as instructed in the above resolution, before a decision is made by Council in
this regard.
On motion
The meeting adjourned.
k
I
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixteenth
day of June, A. D. .1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
.
- and -
Messrs. A. G. McDermott" City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Developmen~,1~.:\ejjMac~innon,
Commissioner of Engineering and Works, S. Armstrong, Deputy Commissioner
of Engineering, C. E. Nicolle, Director of Recreation and Parks, J. F.
Ross, Chief of Police, P. Clark, Fire Chief, D. French, Director of
Personnel, J. Johnson, Building Inspector, N. MacNeil, Public Relations
Manager, and M. Hanlon, Purchasing Agent
Councillor Denton offered a prayer which opened the meeting.
I
On motion of Councillor Landers
Seconded by CouncillorM. Vincent
RESOLVED,that minutes of the meeting of Common Council, held
on June 2nd last, be confirmed.
The Mayor referred to proposed modifications to the layout of the Council Chamber, which will
be considered by Council in due course, and which are designed to provide an improved seating arrangement
for the Council members.
The Mayor reported that Council has approved the following statement: Whereas it has come to
the attention of the Common Council that the Quebec Nordiques of the National Hockey League ',are inter-
ested in the establishment of a franchise in the City of Saint John for their American LeagUe farm team,
the Mayor and members of Common Council of Saint John wholeheartedly welcome and support the negotiations
of the Quebec Nordiques with the Lord Beaverbrook Rink Management Committee towards the establishment of
an AHL farm club in the' City of Saint John, New Brunswick, for the 1980-81 season, and look:;forward to
receiving the directors of the Nordiques at a reception of Council at a mutually convenient time.
.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that a telegram be forwarded to the executive of the
American Hockey League at their annual meeting presently being held in Florida, as outlined above by
Mayor Lockhart.
I
Mr. Allister R. Ellis, Chairman of the Humanitarian Committee of Adelia Temple No;: 157,
Dramatic Order Knights of Khorasan, presented to the Mayor on behalf of the Temple a "Resusci Baby"
manikin for teaching artificial ventilation and external cardiac compression' for use for training
purposes by the City. Mr. Ellis, who was accompanied at the meeting by several members of the Order,
advised that this manikin is the counterpart to "Resusci Anne" which the Temple presented to the City in
January of this year. The Mayor and Deputy Mayor M. Vincent thanked Mr. Ellis and the members of the
Order for this presentation, which was accepted by the Mayor on behalf of.t1:le City.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of property on the eastern side of the Lorneville Road approximately 800 feet north of Maguire
Drive, identified as L.R.I.S. Number 285544, by: (a) changing the designation on Schedule 2-A, the
Future Land Use Plan of the Municipal Development Plan, from Low Density Residential to Light Industrial,
and (b) re-zoning the said property from "RS-2" Suburban Residential to "I-I" Light Industrial classifica-
tion, to permit erection of a 28-foot by 72-foot building for the storage of equipment, as requested by
Mr. Bruce Martin, and that no written objections were received in ~his.regard. No person was present to
speak either against or in favour of the proposed amendments.
I
Consideration was given to the letter 'from the Planning Advisory Committee, dated May 15th,
1980, which recommends that the said'property be redesignated on Schedule 2-A of the Municipal Develop-
ment Plan from Low Density Residential to Light Industrial, and be re-zoned from "RS-2" to "I-I", subject
to a resolution of Common Council, pursuant to Section 39 of the Community Planning Act, restricting the
use of the property to a 28-foot by 72-foot garage for .,the storage of' equipment and in the location set
out in the proposal.
.
~
II""
....'
. .L
,.,
3~7
.Municipal Plan
By-Law
Lorneville Rd
Bruce Martin
I
I
re-zoning
Lorneville Rd
Bruce Martin
.
re-zoning
conditions
I
Municipal Plan
. By-Law
26 Kiwanis Ct
\Kiwanis Voca-
tional Trainin
Centre
I
re- zoning
condition
1\
Municipal Plan
By-Law
26 Kiwanis Ct
.
lil.....
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law 'to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify property on the eastern side of the Lorneville Road, approximately 800 feet north of
Maguire Drive (L.R.I.S. Number 285544) from Low Density Residential to Light Industrial, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded ,by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property on the eastern side of the Lorneville Road, approximately 800 feet north. of Maguire
Drive (L.R.I.S. Number 285544) from Low Density Residential to Light Industrial, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
Regarding a query of Councillor Elliot with respect to previous discussion by Council on the matter
of giving more than one reading to by-law amendments at one meeting; the Mayor replied that such previous
Council discussion can be reviewed.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property on the eastern side of the Lorneville Road,
approximately 800 feet north of Maguire Drive (L.R. 1. S. Number 285544), from "RS-2" Suburban Residential to
"1-1" Light Industrial district, subject to a resolution pursuant to Section 39 of the Community Planning Act,
restricting the use of the property to a 28-foot by 72-foot garage for the' storage of equipment and in the
location set out in the proposal, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property on the eastern side of the Lorneville Road, approximately 800
feet north of Maguire Drive (L.R. 1. S. Number 285544), from "RS-2" Suburban Residential to "I-l" Light Industrial
district, subject to a resolution pursuant to Section 39 of the Community Planning Act, restricting the use of
the property to a 28-foot by 72-foot garage for the storage of equipment and in the location set out in the
proposal, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan amendment and re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of property located at 26 Kiwanis Court, identified as L.R.I.S. Number 445684, by (a) changing the
designation on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, from Low Density
Residential to Restricted Industrial, and (b) re-zonirig the said property from "RM-l" Multiple Residential to
"I-R" Restricted Industrial classification, to place the Key Industries and Kiwanis Vocational Training Centre
property in a more appropriate zoning classification so that an addition to the building may be permitted, as
requested by Saint John Centre for Services to Handicapped Inc., and that no written objections were received
in this regard. No person was present to speak either against or in favour of the proposed amendments.
Consideration was given to the letter from the Planning Advisory Committee, dated,May 15th, 1980,
which recommends that the said property be redesignated on Schedule 2-A of the Municipal Development Plan from
Low Density Residential to Restricted Industrial, and be re-zoned from "RM-l" to "I-R", subject to a resolution
of Common Council, pursuant to Section 39 of the Community Planning Act, providing for the following: (a) the
uses of the property shall be restricted to those uses directed by the Saint John Centre for Services to
Handicapped Inc.; and (b) the building, parking, landscaping and other site plan features shall be as shown on
the plans filed with the Common Clerk.
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property located at 26 Kiwanis Court (L.R.I.S. Number 445684), from Low Density Residential to
Restricted Industrial, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property located at 26 Kiwanis Court (L.R.1.S. Number 445684), from Low Density Residential to
Restricted Industrial, be read a second time.
368
"'Ill
re-zoning
26 Kiwanis Court
Kiwanis Vocational
Training Centre
re-zoning conditions
Municipal Plan By-Law
re Market Square
re-zoning
Market Square Complex
re-zoning conditions
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the 'City 0:"
of Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the by-law ent;itled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of 'Saint John, by,'re-zoning property located at 26 Kiwanis Court (L.R.I.S.
Number 445684), from "RM-l" Multiple Residential to "I-R" Restricted Industrial district, subject to a
resolution pursuant ,to Section 39 of the Community Planning Act, providing for the following: (a) the
uses of the property shall be restricted to those uses directed by the Saint John Centre for Services
to Handicapped Inc.; and (b) the building, parking, landscaping and other site, plan features shall be
as shown on the plans filed with the Common Clerk, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
.
I
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto"; insofar as it concerns amending Schedule "A" of I
the Zoning Map of the City of Saint John, by re-zoning property loca~ed at 26 Kiwanis Court (L.R.I.S.
Number 445684), from "RM-l" Multiple Residential to "I-R"Restricted Industrial district, subject to a
resolution pursuant to Section 39 of the Community Planning Act, providing for the following: (a) the
uses of the property shall be restricted to those uses directed by the Saint John Centre for Services
to Handicapped Inc.; and (b) the building, parking, landscaping and other site plan features shall be
as shown on the plans filed with the Common Clerk,.be read a'~econd time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed Municipal Plan amendment and re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to the
proposed amendment to the Municipal Development Plan, by adding the following at the end of:.subclause
(i) of Section 2.4.5.1 (e): "Except where dwelling units are part of an approved Integrated'Development
Zone", to permit the housing in the Market Square Complex tO,have dwelling units on the ground floor,
and that no written objections were received in this regard. No person was present to speak either
against or in favour of the proposed amendment.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by.,law entitled, "A Law to Amend the Municipal
Plan By-Law of, the City of Saint John and Amendments Thereto" by amending 'Section 2.4.5.l(e)(i) by
adding the following at the end of subclause (i): "except where dwelling units are part of an approved
Integrated Development Zone.", be read a first time.
Councillor Landers stated he will oppose the above motion, and anything else which comes
before Council regarding the Market Square project, until such time as he feels this becomes a viable
project, and that until then the City should stop committing itself to the project. He stated he feels
, ' ,
there are several unanswered questions regarding this project, and he is disturbed to find that a
Federal Government employee has hinted in a letter what he feels should be a requirement of this project.
Several Council members noted that the above by-law amendment will expedite the Market Squ~e project,
at no financial cost to the City. During discussion, Councillor Knibb stated he isopposed,;to the
comments made by Councillor Landers at this meeting - he feels the Market Square project is.'a "must"
for the City and he is appalled that Councillor Landers would say publicly that he is now opposed to
the project.
Question being taken, the motion was. carried with Councillor Landers voting "nay".:
of Saint
Read a first time the by-law entitled, "A Law to Amend the Municipal
John and Amendments Thereto".
Plan By~Law of the City
'.
.
Question being taken, the motion was carried with Councillor Landers voting "nay".
Consideration was given to the letter from the Planning Advisory Committee, dated .April 30th,
1980, which recommends that the Municipal Plan and Zoning By-Laws 'be amended in accordance with the
recommendations contained in the submitted report of the Planning Branch, dated April 29th, 1980,
~ubject to a resolution pursuant to Section 39 of the Community Planning Act, providing for but not
.
I
.
.
~
,....
.~. -' -.,-
369
.
I
re-zoning
Market Square
Complex site
I
\
re-zoning
conditions
\
.
I
.
I
I Tender accepted
"storm sewer
Master Enter-
"prises Ltd.
"Tender rej ected
"Johnson Const.
.Tender accepted
Pierreville
'Fire Trucks L
'pumper booster
truck
....
restricted to the following conditions: (i) the property shall be restricted to residential, business or
commercial and institutional or public uses as set out in the submitted proposal; (ii) the development shall
be carried out in accordance with the said proposal; (iii) further submissions by the Developer, including
conceptual drawings and other information relating to housing, office building expansions, retail space
expansion, parking for the office buildings, and external signage, shall be approved as an amendment to the
Council resolution prior to the issuance of building permits for these components; and (iv) the Developer
acknowledges that a furtherre-zoning application shall be submitted prior to the construction of that portion
of the department store north of Union Street.
Councillor Landers again referred to a letter in which the Federal Government representative on the
committee was suggesting that no further shopping centre development take place in the community if they
agreed to Market Square. Following further discussion, it was agreed that the letter referred to by Councillor
Landers, which was forwarded to former Mayor Davis and distributed to the Market Square Committee, would be
made available to the Council members.
~
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning
Map of the City of Saint John, by re-zoning (a) 'the block of land located west of Dock Street, between Union
Street and North Market Wharf; (b) the block.of land at the southwest corner of Water Street and South Market
Wharf; and (c) the parcel of land at the northeast corner of Union and Dock 'Streets, from "B-3" Central
Business and "T" Transportation to "I-D" Integrated Development district, subject to a resolution pursuant to
Section 39 of the Community Planning Act, providing for but not restricted to the following conditions: (i)
the property shall be restricted to residential, business or commercial and institutional or public uses as
set out in the submitted proposal; (ii) the development shall be carried out in accordance with the said
proposal; (iii) further submissions by the Developer, including conceptual drawings and other information
relating to housing, office building expansions, retail space expansion, parking for the office buildings, and
external signage, shall be approved as an amendment to the Council resolution prior to the issuance of building
permits for these components; and (iv) the Developer acknowledges that a further re-zoning application shall
be submitted prior to the construction of that portion of the department store north of Union Street,.be read
a first time.
Question being taken, the motion was carried with Councillor Landers voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning (a) the block of land located west of Dock Street, between Union
Street and North Market Wharf; (b) the block of land at the southwest corner of Water Street and South Market
Wharf; and (c) the parcel of land at the northeast corner of Union and Dock Streets, from "B-3" Central
Business and "T" Transportation to "I-D" Integrated Development district, subject to a resolution pursuant to
Section 39 of the Community Planning Act, providing for but not restricted to the following conditions: (i)
the property shall be restricted to residential, business or commercial and institutional or public uses as
set out in the submitted proposal; (ii) the development shall be carried out in accordance with the said
proposal; (iii) further submissions by the Developer, including conceptual drawings and other information
relating to housing, office building expansions, retail space expansion, parking for the office buildings, and
external signage, shall be approved as an amendment to the Council resolution prior to the issuance of building
permits for these components; and (iv) the Developer acknowledges that a further re-zoning application shall
be submitted prior to the construction of that portion of the department store north of Union Street, be read
a second time.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that second reading of the above proposed by-law amendment be
laid on the table.
Question being taken, the tabling motion was lost with the Mayor and Councillors Denton, Elliot,
Gould, Green, Knibb, MacCallum, M. Vincent and Wayne voting "nay".
"Question being taken, the motion was carried with Councillors Landers and A. Vincent voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the ,City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed Municipal Plan By-Law amendment and re-zoning be received and filed.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the mathematical error
in the tender of Johnson Construction Ltd. for storm sewer construction on Woodward Avenue, Donaldson Street,
Reed Street and Hayward Court, be waived, and the bid of Johnson Construction Ltd. stand as $136,117.80, and
that the contract for the said storm sewer construction be awarded to Master Enterprises Ltd. for the sum of
$133,046.75, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of Pierreville
Fire Trucks Ltd., in the amount of $112,500.00 plus Provincial Sales Tax, be accepted for supplying 1 only
1050 I.G.P.M. combination pumper booster' truck.
370
~
\
Tender accepted
Bayview International
cabs & chassis
Tender accepted
paunders Equipment Lt
refuse collection
units
/'
bid deposits
J
Tender accepted
Que-Mar Const. Ltd
Debly Subdiv.
Tender accepted
Gerald J. Ryan Co Ltd
Tender accepted
R. A. Woods Const
Lily Lake Pavilion
,deck
Tender accepted
,Grove Const: Ltd.
'demolition
209,211,213 Roakland
-Rd
.Tender accepted
Basic Design 'Assoc.
King Square West
Queen Square West
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that in accordance with the recommendation of the City .
Manager, the lowest tender received meeting all tender requirements, namely, that of Bayview International
Trucks Ltd., in the amount of $60,693.84, be accepted for supplying two 30,000 G.V.W. cabs and chassis.
Councillor Gould referred to a statement in .the letter from the City Manager that the lowest
bidder on the above equipment was Lawson Motors Ltd., who submitted a bid deposit for less than the 5%
required and therefore have not been considered for award, and asked if the City has ever waived the bid
deposit requirement. Mr. McDermott replied that Council has from time to time waived this requirement.
Question being taken, the moti6nwas carried with " Councillor Gould voting "nay".
I
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that in accordance with the recommendation of'the City
Manager, the tender of Saunders Equipment Limited, in the amount of $41,029.20, be accepted for supplying
two refuse collection units.
Councillor Elliot noted that Council had previously asked that the City Manager submit a
recommendation to Council regarding the matter of bid deposits on tenders. The Mayor stated that the
City Manager is being directed to submit such recommendation 'for consideration at the 'next Council
meeting.
I
Ori motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended, by the CHy.Manager, the tender of
Que-Mar'Construction Ltd., in the amount of $122,538.00, be accepted for construction of the sanitary
sewer system for Debly Subdivision, and that the Mayor and Common Clerk'be authorized to execute the
contract.
Councillor Wayne inquired if the contractor will be using materials that have Canadian Standard
approval seal or the American Water Works approval seal, and if this was a requirement of the tender
call. Mr. MacKinnon replied that the materials to be used meet the City's specifications, although he
did not have the actual specifications at this meeting.
.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table until infor-
mation regarding materials to be used is 'available.
Question being taken, the tabling motion was lost with the Mayor and Councillors Denton,
Gould, Green, Knibb and M: Vincent voting "nay". "
I
Question being taken, the motion was carried.
"
On motion of Councillor Elliot
Seconded by Councillor MacCallum ;,
RESOLVED that as recommended by the City Manager",the contract
~or Willie Avenue sanitary' sewer renewal, Huxtable Street watermain and Broadway Avenue storm sewer be
awarded to the low tenderer, Gerald J: Ryan Co. Ltd., 'in the amount of $79,510.00:
(Deputy Mayor M. Vincent withdrew from the meeting)
On motion of Councillor A. Vincent
,
"
II
"
i:
"
.
Seconded by Councillor Gould
RESOLVED
Lily Lake Pavilion deck replacement be awarded
amount of $18,979,00.
.,
Ii .
that as recommended by the City Manager;thecontract:for
I
to the low tenderer, R. A. Woods Constructioh, in the
On motion of Councillor Green
;,
'i
Seconded by Councillor A. Vincent "
RESOLVED that as recommended by the City Manager~ the tender
of Grove Construction Ltd., in the amount of $2,740.00, be accepted for demolition of City-owned buildings
located at 209, 211 and 213 Rockland Road, being the lowest tender received. ,.
! ~
Councillor Elliot referred to' a fire which occurred this past weekend in one of t~e City-owned
buildings on Rockland Road, and he stated that the City Manager must take the necessary action to
that such buildings are properly secured and surveilled.
I
vacant
ensure
::
"
!:
'I
(Deputy Mayor M. Vincent re-entered the meeting)
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, Basic Design
Associates of Sussex, N. B. be awarded the contract for design, tender documents and site inspection for
King Square West and Queen Square West"at a total cost of $15,430.00 for fees and expenses! based on a
construction cost of $185,000.00.
I
Councillor MacCallum stated he will oppose the above motion as the difference in prices quoted
between the above-named firm and the local firm is only 4%, and therefore he feels the contract should
be awarded to the local company.
Question being taken, the motion was, carried with Councillors'MacCallum and A. Vincent voting
.
"nay".
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the followl'ng
invoices, namely:-
.....
JI""
37],
, Metro Const.
(1978) Ltd
\ ,D. Hatfield, L
.
policy re
hired equip-
'\ ment
I
Garbage By-Law
hazardous was'te
,
I
garbage
" incinerator
"
Thomas Enright
55 Waterloo St
. \ Deferred
Widening By-La
\ Agreement
I
'Valocean Littl
Anthony Estate
,
Subdivision
, Agreement
. W. H. Goodwin
, & Company L td
, Courtenay Bay
appraisal
I
Tender accepted
" Flintkote Co.
of Canada Ltd
" chipsealing
I Tender accepted
"Works Garage,
Rothesay Ave
, Northern Indus-
tries Limited
.
lil....
Metro Construction
D. Hatfield, Ltd -
d
(1978) Ltd. - supply of asphalt
equipment rental (Works Dept.)
Equipment rental (Sanitation)
$ 16,498.29
$ 25,884.56
$ 10,122.75
May 22-June 4, 1980
May 16-31, 1980
May 1-15, 1980
. .~. :; ~- - -- '.
During discussion,regardihg:equipment rental, the City Manager was asked to investigate again a
Policy~,previously adopted'by Council requiring rented equipment to have identifying signs indicating that such
equipment is being hired by the City, and also the matter o~ City equipment remaining idle while other equip-
ment is being hired.' Mr. MacKinnon outlined for the Council members the problems encountered in having such
identifying signs affixed to rented equipment.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager, submitting a proposed
amendment to the City's Garbage By-Law to prohibit the disposal of hazardous waste at any disposal site within
the City; advising of three firms who have informed staff,that they would accept used oil delivered to their
premises in covered containers, and that these firms, and others, will also pick up larger quantities at
service stations or similar premises with holding tanks; and recommending that the Garbage By-Law be amended
as indicated, and that the proposed amendment be referred to the Legal Department for drafting -- be received
and filed and the recommendation adopted..
(Councillor Gould withdrew from the meeting)
Regarding the proposed call for proposals for an incineration facility, Mr. McDermott advised that
he will be reporting to Council in this regard within the next two to three weeks.
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding the request of
Mr. Thomas Enright for permission to undertake improvements to his property located at 55 Waterloo Street,
submitting a suggested Deferred Widening By-Law which covers the following properties: (i) between Waterloo
and Prince Edward Streets; (ii) Carmarthen Street - immediately south of Union Street; and (iii) Paddock
Street - immediately north of Waterloo Street; advising that the Carmarthen Street Extension is part of the
proposed North/South Arterial and other portions of the alignment for the new road will presumably be covered
by deferred widening regulations when the design and engineering requirements have been further advanced, and
once the Deferred Widening By-Law presently under consideration is enacted, it will permit developments like
those of Mr. Enright's to proceed subject to terms and conditions imposed by Common Council; and submitting
the following recommendations: (1) that Common Council enact the proposed Deferred Widening By-Law for the
Carmarthen Street Extension as submitted; (2) that prior to third reading the By-Law be referred to and
considered by the Planning Advisory Committee; (3) that the By-Law be referred to the City Solicitor for legal
review, etc.; and (4) that subsequent to the enactment of the By-Law, Council permit alterations to the
Enright property in accordance with Mr. Enright's proposal, subject to Mr. Enright and the City entering into
an agreement providing for the following: (a) Mr. Enright will waive his right to additional compensation as a
result of such alterations at such time as the property is acquired by the City; and (b) the agreement shall
be filed in the Registry Office and shall bind successive owners -- be received and filed and the recommenda~
tions adopted.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
s for the Mayor and Common Clerk to execute a subdivision agreement with Valocean Littles regarding the'Anthony
Estate Subdivision, Anthony's Cove Road, providing for: (1) payment to the City of $1,000.00 as a contribution
toward the ultimate improvement of Anthony's Cove Road with the understanding that such improvements will be
undertaken only when deemed feasible by the City of Saint John; and (2) undertaking of any improvements to the
site as required by the Department of Health.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the invoice of W. H. Goodwin and Company Ltd. for inspecting, appraising and preparing a report
on the property known as Courtenay Bay, Saint John, N. B. in the amount of $6,683.70.
In explanation of the above payment, it was noted that the area of land appraised was 26.5 acres,
and Mr. Barfoot stated that the appraisal was required in connection with the expropriation of certain lands
in this area, as previously approved by Council. Mr. McDermott advised that copies of the appraisal can be
made available to the Council members at the next meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the tender of The
Flintkote Co. of Canada Ltd. for chipsealing and slurry sealing of various roads in the City, be accepted as
outlined in the letter from the City Manager, being the only tender received.
(Councillor Gould re-entered the meeting)
Read a letter from the City Manager recommending that the tender for miscellaneous renovations of
the City Works Garage on Rothesay Avenue be awarded to the low tenderer, Northern Industries Limited, in the
amount of $115,767.00. Several Councillors noted that details of the proposed renovations have not been made
available to the Council members. Mr. MacKinnon verbally reported on the said renovations. Councillor Wayne
referred to a previous report submitted by the 'City Manager regarding the condition of City-owned buildings,
and noted that the required repairs to this property as listed in the said report only amount to approximately
$51,000.00.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending further
information.
37~
~\
\'-
"0
"'Ill
Tenders re
demolition of
\city-owned blgd
-Demolition
219 Princess St
~16, 220 Rocklan
Rd
Tender accepted
l 219 Princess St
Grove Const. Ltd
Tender accepted
216, 220 Rocklan
Rd
, Paul's Trucking
& Demolition C
, Tender rejected
\ 220 Rockland Rd
Parking Meter
,
By-Law
Parking Commis~:,
sian
re additional
$5.00 fine for
second ticket
policy re city
, hiring practice
part-time _. _(
, student employe
W. H. Crandall &
" Associates (Man-
agement) Ltd
" Market Square
Question being taken, the tabling motion was carried with Counci'llor A. Vincent voting "nay".
On motion of Councillor Green
Seconded by Councillor,Denton
RESOLVED that the letter from the City Manager regarding the
suggestion that in future tenders for demolition of City-owned buildings b~ opened and awarded at
regular Council meetings, advising that it is not recommended that tenders be actually opened at the
Council meeting as the process is time-consuming for Council and does' not allow the opportunity either
for adequate review or for a proper written 'submission and if any minor problem arose as a result of the
tender opening, Council would need to postpone its decision until the following meeting; and recommend~
ing that demolition tenders for City-owned buildings be opened on Mondays but not at Council meetings --
be received and filed and the recommendation adopted.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
, , RESOLVED that the letter from the City Manager, dated June 16th,
1980, regarding tenders for demolition of the building located at 219 Princess Street, and City-owned
buildings located at 216 and 220 Rockland Road, be added to the agenda and considered at this time.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the tender
of Grove Construction Ltd., in the amount of $3,738.00, be accepted for demolition of the building
located at 219 Princess Street, being the ,lowest tender received.
On motion of Councillor A. Jincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of
Paul's Trucking & Demolition Company Ltd., in the amount of $7,500.00, be accepted for the demolition of
City-owned buildings located at 216 and 220 Rockland Road, being the lowest tender received.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the tenders received for demolition of the
building located at 220 Rockland Road be rejected and the tender deposits'returned, the Council having
awarded the tender for demolition of this property jointly with 216 Rockland Road,
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor with regard to a
recommendation submitted by the Parking Commission at the last meeting that the Parking Meter By-Law be
amended to include a second ticket with an additional fine of $5.00 after a vehicle remains at a meter
upon receiving the first ticket, advising that the Parking Meter By-Law is enacted under the authority
of the Municipalities Act, which Act restricts the payment of a voluntary penalty to $2.00; further
advising that regarding the suggested amendment, he is recommending that the present subsection 4 of'
Section 6 of the said By-Law be used for purposes of issuing a second ticket, and although there is no
express authority for, the issuance of a second ticket,.the wording of the said subsection is adequate,
enough, in his opinion, without further amendment, to attempt the enforcement of the request of by the
Parking Commission; and further advising that in view of the foregoing, he is suggesting that the
Parking Commission be informed, and that a member of the Legal Department is available to discuss this
matter with the Parking Commission and the Commissionaires responsible for the enforcement -- be received
and filed and the Parking Commission be so inf~rmed.
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that with regard to a policy respecting the hiring of
relatives of present City employees, information regarding previous Council discussion in this regard be
made available for consideration at the next Council meeting.
Councillor Elliot suggested that the matter of seniority of part-time student employees from
year to year should also be considered. Deputy Mayor M. Vincent asked that the City Manager also
consider the matter of the hiring of students who have relatives presently employed by the City.
Read 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 begs leave to report that it sat on June 2nd, 1980, when there
Mayor Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,'
Vincent and Wayne, and your Committee submits the following recommendation, namely:-
were present
A. Vincent, M.
1. That W. H. Crandall & Associates (Management) Ltd.'be engaged as the consultant for
of site containment for the Market Square Project and for the preparation of necessary tender
for construction thereof, at a proposed estimated cost of $137,000.00.
the design
documents
Saint John, N. B.,
16th June, 1980.
Respectfully submitted,
(sgd.) A.R.W. Lockhart,
Chairman.
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A " ~~_ _
"_ - _.'l~ ~ _ '...
373
.
I
I Land Committee
'Province of N. B
Upper Glen Fall
" Reservoir
Land Committee
'Everett R. Scot
~lO Somerset St
North/South
, Arterial
I Marsh Creek.
~ re ma!ntenance
policy
Six Cities of
"N. B.
Municipal Elec-
" tions Act
.
,Dry Dock Heal t
Club
request for
grant
I
Provincial-
" Municipal
I Council fees
(motion lost)
" Provincial-
. Municipal
Council fees
....
Councillor Landers stated that in view of the City Manager's recommendation to Council in Committee
of the Whole that another firm be engaged as consultant ,on this project, and in view of the fact that this is
additional money being spent for the Market Square project, he will oppose the above recommendation.
On motion of Councillor Green
Seconded by Councillor MacCallum
RESOLVED that the above report be received and filed and the recom-
mendation contained therein be adopted.
<,
In ensuing discussion, Mr. McDermott stated that he had recommended another firm for this contract,
which company he felt was in his experience higher ranked for this type of work, although there was only one
point difference in staff's assessment of the companies concerned. He confirmed a statement of Councillor A.
Vincent that one of the engineers involved with the firm he had recommended is now associated with the
Crandall firm. Deputy Mayor M. Vincent and Councillor Gould noted that there was not that great a variance
between the top three firms considered for this project, and that the Crandall firm is capable of undertaking
this project.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, the City acquire
19.19 acres, more or less, of land from the Province of New Brunswick, which is required for the Upper Glen
Falls Reservoir, as shown on the ,submitted plan as Parcel 7, for the sum of $14,400.00.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, the City purchase
the property at 10 Somerset Street from Mr. Everett R. Scott, as shown on the submitted plan, for the sum of
$21,000.00, with the closing date to be June 30th, 1980, or as soon thereafter as possible, and further, that
a partial payment be made to Mr. Scott in an amount to be determined by the 'solicitors for both parties, and
the balance to be payable upon achieving vacant possession, such property being required for the North/South
Arterial.
Regarding the survey for the North/South Arterial, Mr. MacKinnon replied that such survey is completed,
however, staff feels there are other recommendations to be made to the consultant regarding the design parameters
of this project which should not change the outside limits of the right-of-way. Councillor Landers asked
that Council be provided with information regarding properties required for this project, including the
appraised value of these properties, and the cost of acquisition of properties to date. Councillor A. Vincent
suggested that such information should be made available at a teach-in to be held on this project.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the City Manager look at an ongoing maintenance policy
for the flood plain area of the City of Saint John, to be carried out each year to maintain the Creek bed and
the floodway area in the eastern section of the City.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the Six Cities of New Brunswick be requested to study and
make recommendations to the Minister of Municipal Affairs of the Province of New Brunswick with respect to
amendments to the Municipal Elections Act, and that without restricting the generality of the foregoing, the
Six Cities of New Brunswick study and make recommendations as aforesaid with respect to the following matters:
citizenship requirements for voters and candidates; the provision of proxy voting and improved voting facilities
for handicapped or disabled voters; deposits by candidates; a limitation on spending by candidates during a
municipal election campaign; and an accounting by candidates for monies received and disbursements made in
connection with a municipal election campaign.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Jack Saunders of the Dry Dock Health
Club, advising that they have received an invitation from the President of the U. S. Amateur Tug-of-War
Association, asking them to participate in the North American International event at Pine City, Minnesota on
June 28th and 29th, 1980, and requesting, a small grant from ,the City to -help defray costs in this regard, be
referred to the grants committee.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the fees of the City to the Provincial-Municipal Council
for 1980 in the amount of $5,991.00, not be paid.
Councillor Landers stated he feels the City should assess its membership in the above organization,
as well as the Cities of New Brunswick organization and the Federation of Canadian Municipalities.
Question being taken, the motion was lost with the Mayor and Councillors Denton, Elliot, Gould,
Green, A. Vincent, M. Vincent and Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that authority be granted for payment of the fees of the City
of Saint John to the Provincial-Municipal Council for the fiscal year 1980, in the amount of $5,991.00.
"na~{" .
Question being taken, the motion was carried with Councillors Knibb, Landers and MacCallum voting
374
""Ill
M. Graham
petition
Colpitts Subdivisio
\
~ Peti tion :'
,Orange Street
\ re parking on vacan
lot
'Saint John Figure
Skating Club
Lorneville Ratepaye
" Assoc
, George Wilson
'A. V.- McCormick
request to build
fence
MacKnight Motors
\ Limit ed
"
Council meetings
(motion lost)
Consideration was given to a letter from Mr. M. Graham, 2259 Armstrong Road, submitting a
petition from residents of Colpitts Subdivision regarding services to their area.
Mr. MacKinnon reported that an amount of $140,000.00 for sewerage service in this subdivision
has been included in the 1980 capital programme, which amount would come from loans and contributions or
stimulation grants, and therefore is contingent on approval of the Province of New Brunswick. Mr.
McDermott advised that he expects a reply from the Province regarding such monies within one week.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the City Manager be instructed to advise Mr. M.
Graham and the residents of Colpitts Subdivision of the present status of their request for upgrading of
services in their area.
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the petition from residents living in the lower end
of Orange Street asking that a vacant lot located between 135 and 141 Orange Street be made available
for parking, be referred to the City Manager for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the letter from the Saint John Figure Skating Club,
advising that the said Club will be hosting the New Brunswick Figure Skating championships from November
20th to 23rd, 1980, be received and filed and the said Club be informed of Council's best wishes for a'
successful championship, and that they be asked to supply the Council members with further details when
they are available, in order that any Council members who wish to attend may do so.
On motion of Councillor Wayne,
Seconded by Councillor Green
RESOLVED that that the letter from the 'Lorneville Ratepayers
Association regarding a problem being encountered by Mr. and Mrs. George Wilson, who reside on property
located on the north side of the Lorneville Centennial field, be referred to the City Manager for a
report and recommendation.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. A. V. McCormick, 104 Cranston
Avenue, advising that he owns property at 66 Spruce Avenue, located at the corner of Spruce Avenue and
Second Street, and requests the City's permission to extend a fence approximately 12 feet on Second
Street to the City's property, be referred to the City Manager for a report and recommendation.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Rodney J. Gillis, solicitor for
MacKnight Motors ,Limited, regarding proceedings commenced against the said company under the Community
Planning Act and the Unsightly Premises By-Law, advising of a meeting held between the Planning Depart-
ment and MacKnight ,Motors to review possible sites for the company's operation, in certain zoned areas
of the City, and requesting that Council adjourn the hearing on a Summons returnable under the Community
Planning Act on June 23rd, and under the Unsightly Premises By-Law on June 24th, for a further period of
one month to allow further discussions regarding this matter -- be received and filed and the City
Solicitor request a thirty-day postponement in the proc~edings presently being taken by the City against
MacKnight Motors Limited.
The Mayor stated that as 'a result of discussion in Committee of the Whole, a motion is required
that for the summer months, the Council meetings be held bi-weekly.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that for the months of July and August the Council
meetings be held every two weeks.
(Councillor A. Vincent withdrew from the meeting)
Question being taken, the motion was lost, a tie vote having been created with Councillors
Elliot, Knibb, Landers, MacCallum and Wayne voting "nay".
On motion
~
The meeting adjourned.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
third day of June, A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. N. Barfoot, Assistant City Manager, R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, J. C. MacKinnon~ Commissioner of
Engineering and Works, M. Winch, Deputy Commissioner of Community
Planning, S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel,
Deputy Commissioner of Works, J. F. Ross, Chief of Police, D. French,
Director of Personnel, J. Johnson, Building Inspector, and N. MacNeil,
Public Relations Manager
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:t75
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\ Ci ty Manager
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Metro Const.
, (l978) Ltd
Historic Site
& Events
. 'Committee
granite curbs
... Traffic By-La
... Wentworth St
parking
I
'A.D.l. Ltd
... Musquash Pump
ing Station
. 'Orange St
parking on
, vacant lot
I
... Joseph Steele
performance
bond re grav
pit
I
Tender accept
'Vernon 0' Dell
summer camp
on Third
Loch Lomond
.
....
Tender accepte
Standard
\.. Machinery &
Equipment Ltd
road repair
maintenance
kettle
The meeting opened with silent prayer.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that minutes of the meeting of Common Council, held on
June 16th last, be confirmed.
Councillor Wayne referred to the following items in the said minutes on which the City Manager was
requested to report, namely:- copies of the letter from a Federal Government employee regarding Market Square
were to be supplied to Council; Council requested a report on the matter of bid deposits; and the City
Manager was asked to ensure that proper surveillance was given to the vacant buildings on Rockland Road.
Regarding demolition of the building located at 220 Rockland Road, Mr. Barfoot stated he has been informed by
the Building Inspector that demolition of this building will commence tomorrow morning and that as requested
by Councillor MacCallum at this meeting, a City representative will be present at the site at that time.
Dui'ing discussion of the procedure for commencement of demolition of properties once a tender award is made,
Mr. Barfoot advised that demolition must begin within three days of awarding of such a contract.
(Councillor Landers entered the meeting)
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
Metro Construction (1978) Ltd. - supply of asphalt June 5-18, 1980 $ 51,088.50
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the_letter from the City Manager with regard to recommenda-
tions from the Historic Sites and Events Committee that the City maintain and reset granite curbs and also
place a row of paving blocks or two parallel to existing granite curbs, advising that the arguments for
retaining granite curb are two-fold: durability and history and in the City's heritage preservation area, the
consultant for the Implementation Study will be looking at the City's role in street beautification, traffic
and parking, among other things, 'and it would be appropriate for the consultant to consider the question of
the use of granite curbing in this area -- be received and filed and the matter of granite curb preservation
be referred to the Preservation Review Board.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, submitting proposed amendments to the Traffic By-Law regarding
parking restrictions on Wentworth Street, between Britain and Queen Streets, and recommending that the said
amendments be referred to the Legal Department for appropriate action -- be received and filed and the recom-
mendation adopted.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the firm of A.D.I.
Limited be engaged to prepare a report on the possible redesign of the Musquash Pumping Station, and that
this firm also prepare the necessary redesign and tender documents for construction purposes, if the project
proves economically feasible.
(Councillor Elliot entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager with regard to a request
that a vacant lot between 135 and 141 Orange Street be made available for parking, advising that L.R.I.S.
records show that this vacant lot is not owned by the City of Saint John, however, staff is continuing an
investigation as to the possibility of using this lot for residential parking and a further report will be
submitted in due course -- be received and filed and the area residents be so advised.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that in accordance with the recommendation of the City Manager
and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $5,000.00
for guarantee of the rehabilitation of the gravel pit of Mr. Joseph Steele, located off the Mabee Road.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that in accordance with the recommendation of the City Manager
and the Acting Deputy Commissioner, Property Management Branch, the tender of Mr. Vernon O'Dell, Hampton,
R.R. #3, N. B., in the amount of $656.00 be accepted for sale of a summer camp purchased by the City from Mr.
Jack Welsford and located on the Third Loch Lomond, with the sale to be subject to the following conditions:
(1) that the building will be moved from the site to some location outside the watershed and the site be left
clean within three weeks of awarding of the tender (if it is not so moved the City may re-offer it for sale
and will return only that portion of the purchase price that is covered by any new offer); (2) that the 30%
deposit submitted with the tender be retained as a guarantee that the camp site will be left in a clean
condition (the Property Management Branch will inspect the site when asked by the purchaser and will then
authorize the release of the deposit); (3) the City will not be responsible for any damage that occurs to
the building after the sale is finalized; (4) full payment is due within 15 days of the awarding of the
tender by Common Council; and (5) the tender is for the camp only but the barn which is of little value may
be removed by the purchaser if he desires.
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of Standard
Machinery & Equipment Ltd., in the amount of $7,957.44, be accepted for supplying one road repair maintenance
kettle.
3.76
,
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Works Garage, Rothe"
say Avenue
Tender accepted
Northern Industries
, Limited
Tender accepted
'Paul's Trucking &
Demolition Co Ltd
demolition
266 Rockland Rd
276 Rockland Rd
290 Rockland Rd
166 Church Ave
,
Garbage By-Law
" hazardous waste
"-
Deferred Widening
By-Law
Thomas Enright
55 Waterloo St
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager regarding a
previous recommendation that the contract for miscellaneous ,renovations at the City Works Garage on
Rothesay Avenue be awarded to the low tenderer, which matter was tabled at the last meeting pending
further information, at which time a question was raised as tp the reason for the ftifference between an
estimate of $51,000.00, which appeared,in a report submitted to Councillors regarding the condition of
City-owned buildings, and the low tender; advising that the estimate of $51,000.00 was preliminary only
and detailed engineering revealed more work had to be done and the tenders received ,were all fairly
consistent as to the value of work; further advising that copies of the. plans and specifications and
tender documents are available for inspection with the.Common Clerk or with the Works Department; and
recommending that this matter oe lifted from the table and ,the previous recommendation adopted -- be
received and filed:
.
I
AND FURTHER that as recommended by the City Manager, the tender for miscellaneous renovations
of the City Works 'Garage on Rothesay Avenue be awarded to the low tenderer, Northern Industries Limited,
in the amount of $115,767.00.
Considerable discussion ensued between the Council members and Mr. MacKinnon regarding the
above renovations. Mr. Barfoot advised there are a,number of reasons for the said renovations, including
energy conservation and to ensure safe working conditions for employees. Councillor Landers noted that
the above City property is presently being studied by the Energy Conservation Committee and he expressed I
concern that the City is taking action on these renovations prior to receiving a report from the said
Committee. , _
voting
Question being taken, the motion was carried with Councillors Landers, MacCallum and Wayne
"nay".
()
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to submit a detailed
report at the next Council meeting on the change in renovations required at the City Works Garage on 4It
Rothesay Avenue, from those renovations listed in a previous report to Council reg~ding the condition
of City-owned buildings.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tenders of
Paul's Trucking & Demolition Company Ltd., be accepted for demolition of the following properties,
namely:- 266 Rockland Road, in the amount of $1,650.00; 276 Rockland Road, in the amount of $3,450.00;
290 Rockland Road, in the amount of $3,750.00; and '166 Church Avenue, in the amount of $1,450.00.
During discussion regarding the time period between the awarding of demolition contracts and
the actual commencement of demolition, Mr. Johnson advised that the three-day period is the period in
which a contractor must accept a contract and take out a permit for such demolition and the contractor
then becomes responsible for the buildings. The Mayor suggested that the above contractor should be
advised of the concern expressed at this meeting regarding the scheduling of demolition of the above
properties. Councillor Elliot suggested that the City Manager and/or Building Inspector should be
asked to submit recommendations to Council, concerning improving security of vacant buildings pending
demolition.
I.
(Councillor A. Vincent entered the meeting during the foregoing discussion)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor, submitting a
proposed amendment to the City's Garbage By-Law regarding the disposal of hazardous waste, as presented
to the last Council meeting by the City Manager, be received and filed:
.
AND FURTHER that the by-law entitled, "A By-Law to Amend A By-Law for-the Storage, Collection
and Disposal of Solid Waste in the City of Saint John, New'Brunswick", be read a first time.
Read a first time the by-law entitled, "A By-Law to Amend A By-Law for the Storage, Collection
and Disposal of Solid Waste in the City of Saint John, New Brunswick".
On motion of Councillor Elliot
Seconded by Councillor Wayne ,1.,...-.
RESOLVED that the by-law entitled, "A By-Law to Amend A By';Law:1'or
the Storage, Collection and Disposal of Solid Waste in the City of Saint John, New Brunswick", be read
a second time.
Read a second time the by~law entitled, "A By-Law to Amend A By-Law for the Storage, Collection
and Disposal of Solid Waste in the City of Saint John, New BrUnswick".
Regarding the minimum and maximum penaltieS which may be imposed for violations under the
Garbage By-Law, Mr. Rodgers advised 'he would report to Council in this regard at the next meeting.
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On motion of Councillor Wayne
Seconded by Councillor MacCallum
'RESOLVED that the letter from the City Solicitor submitting a
proposed Deferred Widening By-Law for the Carmarthen Street Extension, ,which particular by-law will
allow Mr. Thomas Enright to undertake improvements to his property located at 55 Waterloo Street,
advising that before enactment, the Community Planning Act requires that Council receive the views of
the Planning Advisory Committee, and following enactment~ the Legal Department will be preparing an'
agreement between the City and Mr. Enright containing the conditions adopted by Council at its meeting
of June 16th last -- be received and filed and the proposed Deferred Widening By-Law be referred to the
Planning Advisory Committee for a report and recommendation.
.
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1)1"(' 3 77
~ Municipal Plan
By-Law
Lo:r:neville'Rd
I
re-zoning
Lorneville Rd/
I
zoning
condit ion
. \ Municipal PI
By-Law
,26 Kiwanis Ct
re-zoning
'26 Kiwanis Ct
I~
re-zoning
condition
. M .. I PI
unlClpa an
, By-Law
Integrated
Development 20
I
I
re-zoning
area containi
Market Squar
Pro j ect
re-zoning
conditions
.
....
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property on the eastern side of the Lorneville Road, approximately 800 feet north of Maguire
Drive (L.R.I.S. Number 285544), from Low Density Residential to Light Industrial, be read a third time and
enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal ,Plan By-Law of the City of Saint John and Amend'-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it.coricerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property on the eastern side of the Lorneville Road, approximately 800
feet north of Maguire Drive (L.R.loS. Number 285544), from "RS-2" Suburban Residential to "I-I" Light Indus-
trial district, be read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the use of the property
be restricted to a 28-foot by 72-foot garage for the storage of equipment and in the location set out in the
proposal.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption' of the above resolution.
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending ,Schedule 2-A, the Future Land Use Plan
to reclassify property located at 26 Kiwanis Court (L.R.I.S. Number 445684), from Low Density Residential to
Restricted, Industrial, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property located~at 26 Kiwanis Court (L.R.I.S. Number 445684), from
"RM-l" Multiple Residential to "I-R" Restricted Industrial district, be read a third time and enacted and the
Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the,Community Planning Act, the re-zoning be on
the following conditions: (a) the uses of the property shall be restricted to those uses directed by the Saint
John Centre for Services to Handicapped Inc.; and (b) the building, parking, landscaping and other site plan
features shall be as shown on the plans filed with the Common Clerk.
In reply to a query of"Councillor MacCallum, Mr. Winch advised that the above re-zoning is required
as the land is presently not zoned for such use.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A' Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto" by amending Section 2.4.5.1(e)(i) by adding the
following at the end of subclause (i): "except where dwelling units are part of an approved Integrated Develop~
ment Zone.", be read a third time and enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Councillor Landers voting "nay".
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by roo-zoning (a) the block of land located west of Dock Street, between Union
Street and North Market Wharf; (b) the block of land at the southwest corner of Water Street and South Market
Wharf; and (c) the parcel of land at the northeast corner of Union and. Dock Streets, from "B-3" Central
Business and "T" Transportation to "I-D" Integrated Development district, be read a third time and enacted and
the Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning be on
the following conditions: (i) the property shall be restricted to residential, business or commercial and
institutional or public uses as set out in the submitted proposal; (ii) the development shall be carried out
in accordance with the said proposal; (iii) further submissions by the Developer, including conceptual drawings
and other information relating to housing,. office building expansions, retail space expansion, parking for the
office buildings, and external signage, shall be approved as an,amendment to the Council resolution prior to
the issuance of building permits for these components; and (iv) the Developer acknowledges that a further re-
zoning application shall be submitted prior to the construction of that portion of the department store north
of Union Street.
Question being taken, the motion was carried with Councillor Landers voting
II "
nay .
""'8
vi
;,
\
:~
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Land Committee
\Cedar Point Mobile
Home Park
\
Girl Guides of N.B.
'.Nordiques Hockey' _' ,
Club
\
Land Committee
IAlfred Richard
'384 Watson Street
Land Committee
'N. B. Telephone Co
, Limited,
Sandy Point Rd
Land Committee
Quit Claim Deed
'Province of New
\ Brunswick
Marsh Creek Bridge
Land Committee
'Theodore Sabean
'16 Barker Street
"North/South Arterial
Cedar Point Mobile
Home Park
Land Committee
50 Princess St
116 Prince William S
118-120 Prince Wm. S
122-124 Prince Wm. S
42 Princess St
lSO-lS2 Prince Wm St
154-158 Prince Wm St
115 Prince William S
55 Canterbury St
'proposal for develop
ment
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, the City
install a hydro distribution system at the Cedar Point Mobile Home Park by: (a) having the City's
Engineering and Works Department install the necessary poles at the locations suggested by Civic Hydro;
and (b) preparing a specification of electrical work to provide a new distribution system and calling
for tenders for installation.
Moved in amendment by Councillor Elliot
Seconded
by Councillor MacCallum
RESOLVED that section (a) of the above
Manager arrange for installation of the
resolution be amended
necessary poles at the
to read as follows:
locations suggested
"(a) having the City
by Civic Hydro".
Question being taken, the amendment to the motion 'was carried.
Question being taken, the motion as amended was carried.
The Mayor welcomed Mrs. Richard Hatt, Public Relations Commissioner for the Girl' Guides of
New Brunswick, who was present at the meeting accompanied by several members of the organization.
Councillor Knibb introduced the said members of the Girl Guides, who are from the Saint Johr area and
will be representing New Brunswick and Canada at several sessions this year, and expressed best wishes
to the representatives, on behalf of the Common Council: Pathfinders ~ Janette Rigby and Karen Hatt;
Rangers - Kelly Shannon, Beth Baldwin and Mary Theresa Humphrey. Mrs. Hatt noted that Donna McLellan
was unable to attend this meeting, however, she also will be representing New Brunswick this year. She
advised that of the 54 Guides chosen to represent Canada this year, 7 were from New Brunswick, and
Saint John was fortunate in having four representatives chosen from our area.
1,
Councillor Elliot read the following press release: "Mr. Cliff'Warner, Chairman of the Lord
Beaverbrook Rink Management Committee announced today that his committee has arrived at an ~greement in
'I
principle with the Nordiques Hockey Club. Details of the rental agreement involving the us'e of the
Lord Beaverbrook Rink for the next two hockey seasons (1980-1982) with an option for 1982-1983 will be
ratified by the Lord Beaverbrook Management Committee and the Nordiques Hockey Club at a later date.
Mr. Warner said that this is the first positive step in assuring the people of Saint John that an
American Hockey League Club will make its home here for the next hockey season. After this,; afternoon's
meeting both parties are optimistic that a formal agreement will be forthcoming.". The Mayor commended
the efforts of Councillor Elliot and the other members of the Lord Beaverbrook Rink Manage~ent Com-
mittee, as well as City staff, regarding the above negotiations. ii
1!
On motion of Councillor A. Vincent
!i
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee,
be granted for the sale of the freehold interest in property located at 384 Watson Street,
the submitted plan, to Mr. Alfred Richard, for'the sum of $2,550.00.
iauthority
il
:as shown on
On motion of Councillor A. Vincent
Seconded by Councillor Landers .::
,RESOLVED that as recommended by the Land Committee ,:: the request
Company Limited tO,install an anchor on City-owned land on Sandy Poiht Road, as
plan, be granted and that the submitted Pole and Anchor Privilege document be
the City's signing authorities" :i
1,,;
On motion of Councillor Green .
"
Ii
il
Seconded by Councillor Wayne Ii
RESOLVED that as, recommended by the Land Committee, the City of
"
Saint John give a Quit Claim Deed to the Province of New Brunswick, regarding lands requir~~ for the
Marsh Creek Bridge widening, as shown on the submitted plan. Ii
!~
of the N. B.
shown on the
approved and
Telephone
submitted
signed by
;!
"
"
Seconded by Councillor' A. Vincent Ii
RESOLVED that as recommended by the Land Committee, authority
"
be granted for the purchase of property at 16 Barker Street from Mr. and Mrs. Theodore Sabean'for the
negotiated price of $26,000.00, such property being required for construction of the North/South
Arterial, and that Mr. and Mrs. Sabean be given first choice for the purchase of a lot at the Cedar
"
Point Mobile Home Park at the going price of $6,000.00. il
H
I'
On motion of Councillor Denton
On motion of Councillor A. Vincent
Seconded by Councillor Gould 11
RESOLVED that as recommended by the Land Committee, Council
authorize the advertising of a call for'expressions of development interest for disposal of,the follow-
ing properties by sale or lease, under the conditions as outlined in the letter from the said Committee,
namely:- 50 Princess Street; 42 Princess Street; 116 Prince William Street; 118-120 Prince William
Street; 122-124 Prince William Street; 150-152 Prince William Street; 154-158 Prince William Street;
115 Prince William Street; and 55 Canterbury Street. Ii
I;
Councillor Landers noted that the Energy Conservation Committee has spent considJ~able time
studying the property at 50 Princess Street and he expressed his concern that Council is again taking
action without reference to the said Committee. 'He also referred to a motion adopted by Council
approximately two years ago that if a firm proposal for development of these buildings was not received
by the City within 90 days that the buildings were to be demolished, and that no action was ever taken
on'that Council directive. Councillor Wayne inquired as to the status of the development proposals
received for the Seamen's Mission and Murphy buildings, which are included in the above Land Committee
recommendation, and Councillor,A. Vincent, Chairman of the said Committee, reported that there was only
one worthwhile proposal received for these buildings, and that the developer advised he was no longer
interested in these buildings.
Ii
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it
.
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/1
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~
I"'"
AQ
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'1
379
. Counc. Green
Master Plumber
'Examining Boa
I
Michael MacPhe
,Master Plumber
License
I
'Plan. Adv. Com
mittee
Nominating
Committee
..Somervi I Ie, M.
Plan Adv.
, Committee
Douglas P.
.. Muz zerall
mobile home
, parks
.
On motion of Councillor Denton
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Green, Chairman of the
Master Plumbers Examining Board, submitting several suggested amendments to the City's Plumbing Trade By-Law,
be referred to the Legal Department.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Master Plumbers Examining Board, the
application of Mr. Michael MacPhee, 1976 Rothesay Road, for a Master Plumbers License be approved and a 1980
Master Plumbers License be issued to him.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the Planning Advisory Committee regarding
the appointment of a replacement for Mr. Malcolm Somerville who recently resigned as a member of the said
Committee, be referred to the Nominating Committee.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended by the PIanning Advisory Committee, the
application of Mr. Douglas P. Muzzerall for permission for the temporary location of a mobile home on his
property on the Old River Road at Martinon, be denied.
Councillor Landers expressed his concern with the difficulty encountered by citizens in attempting
to locate mobile homes in the City outside of mobile home parks, and stated that in many cases this is the
only type of housing which is financially available for some citizens. Discussion ensued regarding the City's
policy in this regard and several Councillors.expressed the opinion that the policy of restricting mobile
homes to mobile home parks should be strictly adhered to.
Question being taken, the motion was carried with the Mayor and Councillors Landers, A. Vincent and
M. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Gould
Plan Adv. Com. RESOLVED that as recommended by the Planning Advisory Committee, approval
\Est. of D. Hal be given for the erection of a dwelling on that part of a 9.7 acre lot which lies within the City on the
Shannon Road in Grand Bay, as requested by the Estate of D. Hall.
.m
Cedar Point
'\, Mobile Home
Park
.
re-zoning
'. Ernie's Home
Improvement
Ltd.
Ashburn Rd
Ire-zoning
....Steeves Enter-
prises Ltd.
301 Sandy Pt Rd
I
Saint John
.... Central Busi-
ness Develop-
ment Corp.
" Sportsp'lex
U.N.B. Alumni,
, S. J. Chapter
. reimbursement
of tuition to
...:city employees
lril....
The Mayor advised that item number 30 on the Council agenda was being withdrawn.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the City Manager be instructed to take the necessary
steps to have the transfer of the lots in the Cedar Point Mobile Home Park finalized and to have those mobile
homes which must be relocated within the said Park, moved in order that this long-outstanding matter may be
completed.
Councillor A. Vincent advised of the reasons for the delay in transferring the lots in the above
mobile home park and noted that the monthly rental fee is being waived for prospective purchasers following
payment of the $500.00 deposit fee for acquisition, pending finalization of the property transfers. Mr.
Barfoot stated he is assured that the plans for the said Park should be registered this week and the actual
conveyances should be started next week.
On motion of Councillor Landers
zoning of
Committee
regard.
Seconded by Councillor Gould
RESOLVED that
property at Ashburn Road, opposite Foster
for a report and recommendation, and that
the application of Ernie's Home Improvement Ltd. for re-
Thurston Drive, be referred to the Planning Advisory
authority be granted for the necessary advertising in this
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the application of Steeves Enterprises Ltd. for re-zoning
of property at 301 ,Sandy Point Road, be referred to the Planning Advisory Committee for a report and recommenda~~
tion, and that authority be ,granted for the necessary advertising in this regard.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from the Saint John Central Business Development
sCorporation with re~erence to a proposed sportsplex development for Saint John, urging Council to consider the
report on a multi-purpose complex commissioned by a citizens group in 1978 which recommended that the complex
be constructed in the City Centre where it would benefit from and contribute to the surrounding consumer,
community and government services and activities, be received and filed and the report referred to be studied
by Council prior to a decision on the location of such a complex.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. David B. Somerville, Secretary-
Treasurer, Saint John Chapter of the University of New Brunswick Alumni, urging the City to adopt a policy
whereby the City of Saint John reimburse any City employee the tuition costs of one credit course per year
upon successful completion of the course, be received and filed and the Personnel Director be asked to advise
the said Alumni of the City's present policy in this regard.
""l
380
Prior to adoption of the above motion, Mr. French advised that the present policy is that if
a department requires the training, the City will pay for any credit or non-credit courses for employees.
re bid deposit
Read a letter from Mr. R. J. Gillis, solicitor for-Maritime Scrap Limited, requesting return
of the deposit of $50,000.00 pursuant to a contract with the City for demolition of the former N.B.E.P.C.
property; and payment of the contract price of $28,500.00, less a 15%' mechanics' lien holdback. The
letter states that it is self-evident that the demolition and,removal of the building .is complete, and
encloses a letter from the project engineer to his client, indicating completion of the demolition,
removal and backfill, to his satisfaction, as required unde~'Article 12 of the contract with th~-City.
.
'Maritime Scrap Limite
'N.B.E.P.C. demolition
During discussion regarding the above request, Mr.,Barfoot advised that there is a 'procedure
in the contract with the said company for the return of such monies, and that procedure should be
followed. Councillor Elliot proposed a motion, which was seconded by Councillor Knibb, and later
withdrawn, that the City Manager advise Mr. Gillis of the City's procedure and he be requested to I
follow that procedure for the return of the amounts referred to. Councillor Wayne stated she would
like to receive information from staff regarding the amount to be paid for the project engineer engaged
by the City for this demolition project.
(Councillor Gould withdrew from the meeting)
Councillor A. Vincent inquired as to the proper procedure for_having the $50,000.00 deposit
returned to the contractor, and Mr. Park advised that in this particular case, a certified,cheque was
given to the Finance Department with the instruction that it had been tendered on behalf of the con-
tractor, on the understanding it would not be deposited and accordingly, the Finance Department has
been holding the cheque since then. He advised that as soon as the City is satisfied that the work has
been completed according to tender, the cheque can be returned. Mr. MacKinnon noted that Mr. Shackleton
felt that the work was substantially completed, and~hat. there is a paragrapfr in the letter from Mr.
Shackleton which indicates that the City may require additional work-to complete the project. He
stated that the normal procedure is for the final bill only to be approved by Council, which is usually
the release of the 15% holdback, however; in this' instance, the contractor applied directly to Council
rather than having the matter processed:through City staff. Lengthy discussion ensued regarding the
procedure to be followed in having such monies paid: to the contractor, and with regard to the remaining
work which may be required by the City in order to' complete ,this demolition, under the' agreement with
Maritime Scrap Limited.
I
.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. R. J. Gillis, solicitor for
Maritime Scrap Limited, requesting return of the deposit of $50,000.00 pursuant to a contract with the
City for demolition of the former N.B.E.P.C. property, and payment of the contract of $28,500.00, less
a 15% mechanics' lien holdback -- be received and filed and the $50,000.00 deposit be returned to the
said company.
Councillor A. Vincent proposed a motion, which was seconded by Councillor MacCallum, that Mr.
John Shackleton, the City's project engineer on the above demolition contract, be asked to appear
before Council at the next meeting to explain the recommendations given by him regarding completion of I
this contract and regarding the matter of extras on the project. The Mayor suggested that the proposed
motion is not required, but that Mr. Shackleton will be requested to appear before the next meeting in
this regard.
On motion
~.
The meeting adjourned.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirtieth
day of June, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
.
Councillors Denton, Elliot, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Co~unity Planning, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissloner of Engineering,
J. F. Ross, Chief of Police, J. Johnson" Building Inspector, J. Breen,
Deputy Fire Chief, and G. Soucy, Public Relations Officer
I
Councillor Denton offered a prayer which opened the meeting.
On motion of Councillor ,Landers
I
Seconded by Councillor Denton
RESOLVED that minutes of the meeting of Common Council, held on
June 23rd last, be confirmed.
'226 Rockland Rd
'166 Church Avenue
Councillor Wayne referred to a recent newspaper advertisement which offered for sale buildings
situate at 266 Rockland Road and 166 Church Avenue, which properties had been part of a contract
awarded to a local contractor for demolition at the last Council meeting. Mr. Johnson stated that the
demolition contract states that the bui~dings are to be removed and he believes in the past some
buildings awarded for demolition have been removed by the contractor. Councillor A. Vincent suggested
that in future tenders for demolition should be called for both demolition 'or removal.
.
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,...
381
.'166 Church Ave
'-266 Rockland R
Municipal Plan
Loch Lomond Rd
I
Loch Lomond
, Vi ]Ia Senior
C i t i zensC'] ub
I
re-zoning
.
I
zoning
conditions
, ,
Frank Rusl1ng
"James Fennell
'Thomas Jarrett
, Isabel Brown
.
I
I'
'Municipal Plan
By-Law
(motion lost)
" .
. re-zonlng
N B R Holdings
Ltd
Loch Lomond Rd
.....
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the City Manager be requested to ensure that the contract
for demolition of buildings located at 166 Church Avenue and 266 Rockland Road, has been carried out according
to the resolution adopted by Council at the last meeting, and in accordance with the City's requirements.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of properties containing 6.88 acres on the northern side of Loch Lomond Road, opposite Jean Street,
identified as being L.R.I.S. Numbers 316141 and 323360, by (a) changing the designation on Schedule 2-A, the
Future Land Use Plan of the Municipal Development Plan, from Low Density Residential to District Centre
Commercial, and (b) re-zoning the said properties from "R-2" One- and Two-Family Residential and "RM-l"
Multiple Residential to "B-2" General Business classification', to permit construction of a 50,625 square foot
commercial recreational facility containing a roller skating rink, bowling alley, restaurant and sporting
goods store, as requested by NB R Holdings Ltd., and that a letter of objection has been received from the
members of the Loch Lomond Villa Senior Citizens Club.
Consideration was given to the letter from the Planning Advisory Committee, dated June 26th, 1980,
advising that notwithstanding the strong opposition to the proposal, the Committee feels that much of the
perceived impact of the development on the community can be minimized by the City's controlling the specific
building and site layout of the project and in addition, the Committee is of the opinion that the proposal, if
approved in accordance with the staff recommendations, could be as or more compatible with the neighbourhood
as would be the approximately two hundred apartment dwellings which are presently permitted on the site. The
letter further advises that while the Committee passed a motion recommending that the project be approved, it
does point out that the requested re-zoning to "B-2." would not accomplish this and it will be necessary for
certain changes to be made to the Zoning By-Law which have not been advertised.
The letter from the Planning Advisory Committee submits the following recommendations:
(1) That the following amendments be made to the Zoning By-Law and the necessary advertising be authorized:
(a) revising the definition of amusement place to read as follows:- "amusement place" means an amusement park
or any other establishment other than a private club which provides facilities for the playing of billiards or
pool or has for operation three or more pinball or other amusement devices (as defined in Section 91(1) of the
Municipalities Act) whether or not in conjunction with a restaurant or other commercial establishment.";
(b) adding the following definition of intensive recreation facilities: "intensive recreational facilities"
means curling, skating, hockey or roller rinks, bowling alleys, tennis, health, athletic, lawn bowling, or
racquet ball clubs, gymnasiums or marines whether or not the establishment is operated privately, publicly for
profit or not."; (c) add intensive recreational facilities and theatres (other than drive-in theatres) as
conditional uses in "B-2" zones; (d) revising Section 108A(1)(a) to read as follows: "(a) Subject to sub-
section (2) an amusement place."; (e) revising Section 139A(a) to read as follows: "(a) an amusement place.".
(2) That following the approval of the necessary amendments to the Zoning By-Law the subject property, excluding
the 66-foot by 104~foot portion fronting on Westmorland Road, be redesignated .in the Municipal Development
Plan from Low Density Residential to District Centre Commercial and re-zoned from "RM-l" Three-Storey Multiple
Residential to "B-2" General Business, subject to a resolution of Common Council pursuant to Section 39 of the
Community Planning Act which would: (a) restrict the use of this site to, a roller skating rink, a bowling
alley and related retail space limited to 5,400 square feet; (b) prohibit access to the site from the western
encl of Ellerdale Street; (c) require the developer to submit:. (i) a soil report to show that the site is
capable of supporting such development; (ii) a more comprehensive site plan showing final grades, paved and
landscaped areas, flow of traffic into and within the site which are to the satisfaction of the Engineering
and Works and Planning Departments, before a building permit is issued; and (d) require the developer to grant
a 20-foot wide easement to the City for an existing sewer that crosses the property.
The following persons were present at the meeting and spoke in opposition to the proposed development:
Mr. Frank Rusling, 123 Loch Lomond Road; Mr. James Fennell, 181 Ellerdale Street, speaking on his own behalf
and on behalf of several adjacent property owners; Mr. Thomas Jarrett, representing the Board of Directors and
residents of Loch Lomond Villa; and Isabel Brown, a resident of Loch Lomond Villa. The objections outlined
centre on the points as summarized in the above letter from the Planning Advisory Committee, as follows: (a)
increased traffic and noise; (b) adverse 'effect on Loch Lomond Villa and its residents; (c) could lead to
other commercial uses in area; (d) loitering and valdalism by students and youth; and (e) devaluation of
residential properties.
Mr. R. J. Gillis, solicitor, appeared on behalf of the applicant and outlined details of the pro-
posal, which is estimated to cost $1.5M, will employ 25 to 30 people on a full-time basis, will increase the
City's tax base, and provide employment during the construction period, in addition to serve the needs of the
con@unity. He noted that the proposed facility would be owned'and operated by local concerns and he referred
to a previous proposal for development of this property for multiple family housing units, which would include
the extension of Ellerdale Street to Loch Lomond Road, which proposal had previously been approved by staff.
Mr. John Large, architect, was present at the meeting on behalf of the developer.and displayed a map
of the proposed development, as well as a map showing the proposal submitted for the property in 1973 to 1975
for multiple ,housing units, which development would be permitted under the existing zoning.
Discussion ensued between the Council members and Messrs. Zides and Winch regarding the proposed
development.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify properties containing 6.88 acres on the northern side of Loch Lomond Road, opposite Jean
Street, identified as being L.R.I.S. Numbers 316141 and 323360 from Low Density Residential to District
Centre Commercial, be read a first time.
Question being taken, the motion was lost with the Mayor and Councillors Denton, Elliot, MacCallum,
M. Vincent and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the application of N B R Holdings Ltd., for the re-zoning
of properties containing 6.88 acres on the northern side of Loch Lomond Road, opposite Jean Street, identified
as being L.R.I.S. Numbers 316141 and 323360, to permit construction of a commercial recreational facility, be
denied.
Question neing taken, the motion was carried with Councillors Knibb, Landers and A. Vincent voting
"nay".
382
,..
""'ll
re-zoning
Dexter Construction
, Company Limited
gravel pit
Plan. Adv. Committee
re pits & quarries
, Dr. Lund
Manawagonish Area
, Residents Inc.
'E. A. Flewelling
\David Buchanan
\W. C. Killam
M. Barry Roderick
\
City of Sydney, N.S.
,"sister city"
,Canada Week
The Common Clerk advised that the necessary advertising was completed with respect to re-
zoning the property identified as L.R.I.S. Number 408294 and known as the Dexter Pit - Baker Pit located
at South Bay and containing approximately 75 acres, from "RS-2" One- and Two-Family Suburban Residential
to "RF" Rural or other appropriate zones, to place the property in a zone that will allow the excavation
of sand and gravel, as requested by Dexter Construction Company Limited, and that a letter has been
received from Dr. G. E. Lund, requesting permission to appear before Common Council to oppose the pro-
posed re-zoning, representing the Manawagonish Area Residents Inc.
.
Consideration was given to the letter from the. Planning Advisory Committee, dated June 18th,
1980, which advises that after reviewing all the points made by both sides, the Planning Advisory Com-
mittee passed a motion recommending that the application be denied. The letter from the Committee submits
the Planning staff report regarding the requested re-zoning, which report had submitted the following
recommendations to the Planning'Advisory Committee: (1) that a new Pits and Quarries zoning category be
established to permit Pits and Quarries subject to administrative, performance '(including rehabilitation),
and enforcement standards; (2) that the subject site be re-zoned to the new, Pits and Quarries zone,
subject to the applicant entering into an agreement with the:City pursuant to Section 39 of the Community
Planning Act providing, amongst other matters, for the following: (a) materials extracted from the site
shall be transported only by rail; (b) all internal roads on the site shall be maintained dust free, to
the satisfaction of the Building Inspector; and (c) that depth and manner of excavation, and the rehabili-
tation of the pit shall be indicated on plans which shall be approved by the Deputy Commissioner, of
Communlty Planning; and (3) that further amendments to the Municipal Plan and Zoning By-Law be considered
with a view to restricting extracting operations to the new Pits and Quarries zone and that existing
licensed sites be re-zoned to the new category.
I
I
Dr. Lund spoke on behalf of the Manawagonish Area Residents Inc. and in particular those T
residents who live adjacent to the property in question, and advised that the said residents are not
opposed to a new classification which would cover gravel pits in the City. He stated that the said
residents are' opposed to the present application, and he cited the adverse effects if the gravel was moved
from this pit by truck. He advised that they feel that due to the geography of the pit, there would not
be a sufficient area of land reamining following excavation, to rehabilitate the area for residential use,
and that the residents would like an opinion from the City in this regard, prior, to consideration being
given to re-zoning, and the group of citizens he represents are willing to hire the services of an i
independent expert to provide further information in this regard, if necessary. Regarding the transport-
ting of gravel by rail, Dr. Lund stated it is not known if in fact the gravel can be moved by rail, and
whether the C.P.R. will move it. He stated that the area .residents 'feel the area should not be re-zoned
prior to a new zoning classification for pits and quarries, which is presently being considered by the
Planning Advisory Committee.
.
Messrs. E. A. Flewelling, David Buchanan and W. C. Killam, residents of Manchester Avenue, also
expressed their opposition to the proposed re-zoning. ~
/
Mr. M. Barry Roderick, solicitor, appeared on behalf of Dexter Construction Company Limited, and
in his presentation requested that consideration of the application for re-zoning submitted by his client
be adjourned for a period of three months, to the first Monday in October, pending.completion of the study
being undertaken by the Planning Advisory Committee regarding a proposed new zoning classification for
pits and quarries.
In ensuing discussion, Mr. Zides spoke on the previous rehabilitation proposal for this pit, and I
on the present re-zoning application.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the Planning Advisory Committee,
the application of Dexter Construction Company. Limited for .re-zoning of property identified as L.R.I.S.
Number 408294 and known as the Dexter Pit ~ Baker Pit located at South Bay and containing approximately 75
acres, to place the property in a zone that will allow the excavation of sand and gravel, be denied.
Councillor Elliot proposed an amendment to. the above motion, that the re-zoning be postponed, as
requested by Mr. Roderick. The Mayor stated that this was not a proper amendment.
Question being taken, the motion was carried with Councillors Elliot and A. Vincent voting
.
"nay".
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the correspondence regarding the above matter be
received and filed.
At this time a flag of the City of Sydney, N. S., Saint John's "sister city" was displayed. The
Mayor advised that this flag was presented to the City of Saint John on behalf of the Mayor, Council and 'I,
citizens of the City of Sydney, in commemoration of Canada Week. He expressed the City's appreciation for
this flag; which will fly at City Hall. Deputy Mayor M. Vincent reported on the events being undertaken in
the City of Saint John in celebration of Canada Week 1980.
On motion of Councillor Landers
\
Barbara
2liter
Canada
\
Seconded by Councillor Knibb
RESOLVED that a letter of appreciation be forwarded to Mrs. Barbara
Baird Fil;~, " Baird Filliter, Chairman of the Canada Week Committee, for her efforts in the planning and carrying out of
Canada Week celebrations in the City:
Week Com.
re-zoning
Loch Lomond Rd
\
McDermott, Doris E.
Plan. Adv. Committee
AND FURTHER that as requested by the Canada Week Committee, the City of Saint John make a grant
of $1,250.00 to assist with the planning and execution of the Canada Week celebrations.
I
The Common Clerk advised that the necessary advertising was completed with 'respect to the proposed
re-zoning of property identified as L.R.I.S. Number 325092, located on the southern side of Loch Lomond
Road and the eastern side of Crawford Road, and containing approximately '7-1/2 acres, from "RS-l" One- and
Two-Family Suburban Residential to "RS-IM" One- and Two-Family and Mobile Homes Suburban Residential, to
permit the placement of mobile homes, as requested by Doris E. McDermott, and that no written objections
were received in this regard.
.
Consideration was given to 'the letter from the Planning Advisory Committee, dated June 18th,
1980, which recommends that the said property be re-zoned to "RS-IM" One- and Two-Family and,Mobile Homes
Suburban Residential, subject to the three mobile homes being located on the property in conformity with
Section 209 of the Zoning By-Law and that the summer camp be removed from the property.
~
"..
383
.
G. B. Ljung-
strom
re-zoning
Loch Lomond
Road
I
I
.
I
R & N Enter-
, prises Ltd
.:=-__H
94-100 Queen S
" Dilapidated
b1dg
.
I
I
.
~
Mr. G. B. Ljungstrom was pres'ent on behalf of adjacent property owners and stated the said residents
are not opposed to this. individual application, but do not wish to see the property develop into a mobile home
park by the addition of further mobile homes. Mr. Winch noted that the minimum area requirement limits the
property in question to three mobile home units.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property located on the southern side of Loch Lomond Road and the
eastern side of Crawford Road, containing approximately 7 1/2 acres (L.R.I.S. Number 325092), from "RS-l" One
and Two-Family Suburban Residential to "RS-IM" One- and Two-Family and Mobile Homes Suburban Residential,
subject to the three mobile homes being located on the property in conformity with Section 209 of the Zoning
By-Law and that the summer camp be removed from the property, be read a first time.
Read a first .time the by-law entitled, "A taw to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto"..
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property located on the southern side of Loch Lomond Road and the
eastern side of Crawford Road, containing approximately 7 1/2 acres (L.R.I.S. Number 325092), from "RS-l" One-
and Two-Family Suburban Residential to "RS-lM" One- and Two-Family and Mobile Homes Suburban Residential,
subject to the three mobile homes being located on the property in conformity with Section 209 of the Zoning
By-Law and that the summer camp be removed from the property, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
ana Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter' from the Planning Advisory Committee
regarding the above proposed re-zoning be received and filed.
Notice had been sent to R. & N. Enterprises Ltd., Mortgagor, to appear at this meeting to show
cause, if any, why the buildings located at 94-100 Queen Street should not be removed or destroyed as dangerous
or dilapidated buildings. Mr. Johnson displayed photographs of the said buildings and stated that in his
opinion these three 2-storey wood frame buildings remain extremely dilapidated and constitute a real fire
hazard, and he would therefore recommend that the said buildings be declared dangerous and dilapidated and the
owner be compelled to destroy or remove the buildings under the provisions of the 1925 Building Act. No
person was present with respect to the said matter.
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that notice having been given to R. & N. Enterprises Ltd.,
Mortgagor, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John,
of the buildings located at civic numbers 94-100 Queen Street, in the City of Saint John, requesting that the
said owner appear before this meeting of the Common Council to show cause why the said buildings should not be
removed or destroyed as dangerous or dilapidated buildings, and having considered the report of the Building
Inspector; the Common Council hereby deems and declares the said buildings located at 94-100 Queen Street, in
the said City, ,to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said R. & N. Enterprises Ltd. is hereby required to remove or
destroy the said buildings situate at civic numbers 94-100 Queen Street, in the City of Saint John, within ten
days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said R. & N. Enterprises Ltd. to remove or
destroy the said buildings situate at civic numbers 94-100 Queen Street, in the City of Saint John, in compliance I
with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof
recovered from the said R. & N. Enterprises Ltd.
Notice had been sent to Hubert P. McKenna, Mortgagor; Annie M. Saab; First Mortgagee; Bank of Nova
Scotia, Second Mortgagee; North America Business Equipment Limited, First Judgment Creditor; Xerox of Canada
Limited, Second Judgment Creditor; J. & A. McMillan Ltd., Third Judgement Creditor; Lawtons Limited, Fourth
, Judgment Creditor; and Lawtons Limited, Fifth Judgment Creditor, to appear at this meeting to show cause, if
any, why the building located at 273-275 Charlotte Street should not be removed or destroyed as a dangerous or
dilapidated building. Mr. Johnson displayed photographs of the said building and stated that in his opinion
this three-storey brick and wood frame building has been fire-damaged and allowed to deteriorate such that it
is dangerous to the public, and he would therefore recommend. that the said building be declared dangerous and
dilapdiated and the owners be compelled to destroy or remove the building under the provisions of the 1925
Building Act. No person was present with respect to the said matter.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that notice having been given to Hubert P. McKenna, Mortgagor;
Annie M. Saab, First Mortgagee; Bank of Nova Scotia, Second Mortgagee; North America Business Equipment
Limited, First Judgment Creditor; Xerox of Canada Limited, Second Judgement Creditor; J. & A. McMillan Ltd.,
Third Judgment Creditor; Lawtons Limited, Fourth Judgment Creditor; and Lawtons Limited, Fifth Judgment Creditor,
being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the
building located at civic number 273-275 Charlotte Street, in the City of Saint John, requesting that the said
owners appear before this meeting of the Common Council to show cause why the said building should not be
removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building
Inspector; the Common Council hereby deems and declares the said building located at 273-275 Charlotte Street,
in the said City, to be dilapidated and dangerous:
AND BE IT FURTHER RESOLVED that the said Hubert P. McKenna, Annie M. Saab, Bank of Nova Scotia,
North America Business Equipment Limited, Xerox of Canada Limited, J. & A. McMillan Ltd., Lawtons Limited, and
Lawtons Limited, are hereby required to remove or destroy the said building situate'at'civic number 273-275
Charlotte Street, in the City of Saint John, within ten days after receiving notice to do so by the Building
Inspector:
384
~
\
G. A. Holmes
Spar Cove Rd
,
re street & sidewalk
improvements
\Glenna Martin
bus stop on the
Westfield Road
,Throughway
I emergency telephones
traffic in' area of
Strescon property
\
Capital 'Budge~(~~-
'Queen Street Retain-
ing Wall Repair
Glen Road Sanitary
, Sewer Repairs
Community Services
,Contribution Progra
West Side Neighbour-
, hood Improvement
Program
Central Business Dis
, trict Revitalizatio
Church Avenue Over-
'pus
Forest Hills Neigh-
~ bourhood Centre
Rockwood Park Golf
, Course
Millidgeville Sewage
'Treatment Plant
Minister of Municipa
Affairs
Community Services
Contribution Progr
AND BE IT FURTHER RESOLVED that upon failure of the said Hubert P. McKenna, Annie M. aab, an
of Nova Scotia;~North America Business Equipment Limited, Xerox of Canada Limited, J. & A. McMillan Ltd.,
Lawtons Limited, and Lawtons Limited, to remove or destroy the said building situate at civic number 273-
275 Charlotte Street, in the City of Saint John, in compliance with the request of such notice, that the
Building Inspector cause such work to be done and the cost thereof recovered from the said Hubert P.
McKenna, Annie M. Saab, Bank of Nova Scotia, North America Business Equipment Limited, Xerox of Canada
Limited, J. & A. McMillan Ltd., Lawtons Limited, and Lawtons Limited.
.
Councillor A. Vincent referred to the condition of a building located on the opposite side of
Charlotte Street from the building in question, and suggested that this building should be reported on by
staff. Mr. Johnson agreed to report to Council at the next meeting in this regard. In reply to a query
of Councillor Elliot regarding the status of a proposal to investigate the rehabilitation of such build-
ings, Mr. McDermott reported that this matter is still under discussion, and will be discussed with the
new manager of C.M.H.C., when he visits the City later this week.
I
(Councillors Landers and Knibb withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the joint report ,from the City Manager, Commis-
sioner of Engineering and Works, and Deputy Commissioner of Engineering, regarding the request of Mr.
G. A. Holmes for improvements to the sidewalks and street surface on Spar Cove Road, particularly at its
intersection with Belleview Avenue, advising that the matter was presented to the 1980 capital budget
committee and an amount of $14,000.00 was approved for improvements to Spar Cove. Road and the Engineering
and Works Department has scheduled the work to be completed before August 31st, and at this point, it is
expected to be able to meet that schedule -- be received and filed and a copy forwarded to Mr. Holmes for
his information.
I
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the joint.report from the City Manager, Commis-
sioner of Engineering and Works, and Traffic Engineer, regarding the letter from Mrs. Glenna Martin .
representing the parents of school children in the Martinon area which refers to a variety of problems
associated with the school bus stop on the Westfield Road at Woodland Road, advising that the request to
re-route the school bus for elementary students away from the main highway to Highfield Avenue might be
referred to the School Board, however, the narrow width and poor roadway surfaces on Woodland Road and
Highfield Avenue would likely preclude any consideration of re-routing; and further advising that the
City has installed a crosswalk on the Westfield Road at Woodland Avenue which is supplemented with cross-
walk signs on either side of the roadway, and staff has taken the most feasible measures to cover the
situation be received and filed.
On motion of Councillor Elliot
Seconded,by Councillor M. Vincent
RESOLVED that the joint report from the City Manager, Commis-
sioner of Engineering and Works, and Deputy Commissioner of Engineering., regarding comments made at
Council's meeting of February 4th last concerning the unauthorized use of the median between the traffic
lanes of the Throughway in the area near the Strescon property, advising that staff has now received
further details of the access ramp work planned for this summer at the Ashburn Road and would like to
report that the work will include the provision of a median barrier throughout this section which will
not allow the crossing of the median by any vehicular traffic; and advising that further comment at
Council concerned the possibility of the installation of emergency telephones On the eastern portion of
the Throughway, which matter is being pursued by staff with the Provincial Department of Transportation,
who have jurisdiction on the Throughway -- be received and filed.
I
, (Councillors Landers and Knibb re-entered the meeting)
On motion of Councillor Elliot,
Seconded by Councillor MacCallum
RESOLVED that the joint letter from the City Manager, Commis-
sioner of Engineering and Works, and Deputy Commissioner of Engineering, advising that since the approval
of the 1980 capital works program by Common Council on April 14th, 1980, two projects of an emergency
nature have arisen, and staff feels that both of these projects should be attended to as soon as possible;
and recommending that the said two 'projects, namely, Queen Street Retaining Wall Repair, and Glen Road
Sanitary Sewer Repairs, be added to the 1980 capital works program, at the estimated cost of $13,000.00
and $26,000.00, respectively -- be received and filed and the recommendation adopted, with the stipulation
that public tenders be called for the said projects.
.
On motion of Councillor Knibb
I
Seconded by Councillor A. Vincent
RESOLVED that the letter from the City Manager advising that
the Province has approved of funds totalling $1,039,300.00 for five projects under the Community Services
Contribution Program, namely: West Side Neighbourhood Improvement Program; Central Business District
Revitalization; Church Avenue Overpass; Forest Hills Neighbourhood Centre; and Rockwood Park Golf Course;
further advising that the other application made by the City was for the Millidgeville Sewage Treatment
Plant, but this comes under a different section of the Program and Provincial officials have indicated
that funding will' be available at the appropriate time in the eligible amount for this project; noting
that the funds must all be expended prior to January 31st, 1982 and included in this year's capital
program are contributions for West Side Neighbourhood Improvements - $418,215.00; Forest Hills Neighbour-
hood Centre - $25,500.00; and Rockwood Park Golf Course - $150,000.00, and the balance of contributions
is proposed to be applied in 1982 to the Central Business District Revitalization, Forest Hills and
Church Avenue; and recommending that the Mayor and Common Clerk be ,authorized to execute the Community
Services Contribution Program Agreement on behalf of the City -- be received and filed and the recommen-
dation adopted.
I
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that the letter from The Honourable Eric J. Kipping,
Acting Minister of Municipal Affairs, advising of the allocation of $1,039,300.00 under the Community
Services Contribution Program, as referred to in the above letter from the City Manager, be received and
filed.
.
~
"...
385
.
I
Committee of
the Whole
I
,
Dry Dock
Club
Health
.
I
Land Committee
43 Canon St
John & Henry
"Arsenaul t
North/South
" Arterial
({({j(Yl-1"',J \
C'.C,O. r::,..~,J'bI)
Plan. Advis.'
" Committee
meetings
.
'Wm. Van Malsen
I'mobile home
Plan. Adv. Comm
'C.M.H.C.
, Silver Falls
Park Subdivi-
I
sian
Plan. Adv. Comm
'- Zon ing By - Law
.
Plan. Adv. Comm.
\ Russell Friars
Willow Roadway
....
On motion of Councillor ,Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law for the
Storage, Collection and Disposal of Solid Waste in the City of Saint John, New Brunswick", be read a third time
and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law to Amend A By-Law for the Storage, Collection and Disposal of Solid
Waste in the City of Saint John, New Brunswick" was read in its entirety prior to adoption of the above reso-
lution.
Read 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 begs leave to report that it sat on Monday, June 23rd, 1980, when there were present
Deputy Mayor M. Vincent and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent and
Wayne, and your Committee submits the following recommendation, namely:-
1. That the letter from Mr. Jack Saunders of the Dry Dock Health Club, advising that they have received
an invitation from the President of the U.S. Amateur Tug-of-War Association, asking them to participate in the
North American International event at Pine City, Minnesota on June 28th and 29th, 1980, and requesting a small
grant from the City to help defray costs in this regard, be received and filed and the request be denied.
Saint John, N. B.,
30th June, 1980.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman .
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the above report be received and filed and the recommen-
dation contained therein adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property situate at 43 Canon Street, identified in red on the submitted plan, from
Messrs. John and Henry Arseneault, for the sum of $11,000.00, with the closing date and vacant possession to be
as of July 31st, 1980, and that the Mayor and Common Clerk be authorized to,execute any and all documents
required for the purchase of this property, such property'being required for the North/South Arterial.
Councillor Wayne questioned the difference between the appraised value of the above property and the
purchase price. Councillor A. Vincent, Chairman of the Land Committee, 'noted that there is an outstanding
mortgage of $10,833.43 on this property, and that he understands that in the past the Land Compensation Board
has never disputed a legal registered mortgage in establishing the value of property.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that as requested by the Planning Advisory Committee, authority
be granted to the Committee to use the Council Chamber for its public meetings.
Deputy Mayor M. Vincent stated that while he would agree to the Council Chamber being used on certain
occasions by the Planning Advisory Committee, he does not feel it should be made available on a regular basis.
Question being taken, the motion was carried with the Mayor and Councillor M. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councilior MacCallum
RESOLVED that as recommended by the Planning Advisory Committee,
temporary permission be granted for the placement of a mobile home on property owned by Mr, William Van Malsen
located on McCormac Lake, off Churchland Road, for a maximum period of five months, subject to the former fire-
damaged building being demolished and removed.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the subdivision application of Canada Mortgage and Housing Corporation respecting Silver Falls Park, Phase 9,
recommending that Common Council assent to a subdivision plan showing extensions to Martha Avenue, Mark Drive
and Cindy Lee Street, subject to the necessary agreements being executed -- be received and filed and the
recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the Planning Advisory Committee,
authority be granted for the, necessary advertising regarding the following proposed amendments to the Zoning
By-Law: (1) changing Section 198(2)(c)(ii) to read as follows: "(ii) 500 square feet for those occupations
described in Paragraph (a) of SectionI98(1) and 300 square feet for all other permitted occupations,"; and (2)
changing Section 209 by inserting the words "and the Subdivision By-Law" after the words "this By-law" in line
6.
Read a letter from the Planning Advisory Committee regarding the proposed subdivision of Russell
Friars on Willow Roadway, advising that the Committed considered the proposal by Mr. Friars to create a second
building lot from his property on Lakeview Drive, and recommends that Council assent to the vesting o~ the
386
..,
\
Market Action Committ
North & South Market
'Streets
Parking
future street to be indicated on the R. Friars subdivision plan and that Council be advised of its
policy requiring a contribution of $1,000.00 for subdivisions occurring on private roadways in the inner
tax zone and exercise this policy with respect to this subdivision.
.
Councillor Wayne noted that the lot proposed to be created would be the only lot in the
subdivision required to make a contribution to the City in this regard, which she feels is totally
unfair. In ensuing discussion regarding the City's present policy, Mr. Zides reported that this matter
is presently under review and a report will be submitted to Council, in due course.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above letter from the Planning Advisory '1_
Committee be received and filed and Council assent to the vesting of the future street to be indicated
on the R. Friars subdivision plan.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that as recommended by the Market Action Committee, the
matter of changing the parking regulations'on North and South Market Streets to thirtyminute parking
only be referred to staff for a report within one week, and that staff also report on ~hether or not
authority can be given to Market employees to issue parking tickets to violators.
I
On motion of Councillor Denton
Seconded by Councillor M. Vincent
RESOLVED that as requested
taken against the pedlars and traders who
City.
by the Market Action Committee,
are now carrying.on business on
Market Action Committ e
appropriate legal action be
'p. edlars & traders
the roadside throughout the
\
Policy re hiring
relatives of Mayor,
Council1orS:,&~ civic
employees
Motion Lost
,
Store-It Systems Ltd
re~zoning conditions
Rev. T. R. Robinson
'Sunrise Service
Fort Howe
,
Read a letter from Councillor Knibb advising that after discussion in Committee of the Whole
on June 23rd, 1980 regarding the employment of immediate relatives by the City of Saint John, it, is his
belief that both citizens and employees of the City will be better informed by public debate of the
issues involved, and he will therefore move the City Manager's recommendation, as follows: (1) the City
of Saint John prohibits the employment of immediate relatives of the Mayor and Councillors. For the
purpose of this policy an immediate relative is defined as wife or husband, mother, father, son or
daughter. (2) Applications for employment with the City of Saint John will not in future be considered
where the applicant has an immediate relative working in that department. However, applications will be
considered for work in a department where the applicant has no relatives. For the purpose of this
policy, an immediate relative is defined as wife or husband, mother, father, brother, sister, son or
daughter; and (3) these policies do not apply to persons already employed with the City of Saint John,
provided that employees are not placed in positions involving direct reporting to or direct supervision
of an immediate relative, or in positions which would provide the opportunity for collusion or defalca-
tion with an immediate relative.
.
On motion of Councillor Knibb
I
Seconded by Councillor Elliot
RESOLVED that the City of Saint John prohibit the employment of
immediate relatives of the Mayor and Councillors - for the purpose of this policy an immediate relative
is defined as wife or husband, mother, father, son or daughter.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that applications for employment with the City of
Saint John not,in future be considered where the applicant has an imm~aite relative working in that
~ department, however, applications will be considered for work in a department where the applicant has no
relatives - for the purpose of this policy, an immediate relative is defined as wife or husband, mother,
father, brother, sister, son or daughter.
.
Question being taken, the motion was lost with Councillors Denton, Landers, MacCallum, M.
Vincent and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the above policy does not apply to persons already
employed. with the City of Saint John, provided that employees are not placed in positions involving
direct reporting to or direct supervision of an immediate relative, or in positions which would provide
the opportunity for collusion or defalcation with an immediate relative.
I
(Deputy Mayor,M. Vincent withdrew from the meeting)
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. James J. Coloris, President of
John Paul Realty Limited, on behalf of Stor-It Systems Ltd., which company purchased the Sonier Orna-
,mental Iron Ltd. property located on Simms Street, Saint John West; requesting that the zoning of the
property in question be clarified in order that'this sale might be completed on or before July 1st,
1980, be received and filed and the zoning condition which restricted the use of this property be amended
to permit the property to be used for material handling equipment, as proposed by Stor-It Systems Ltd.,
with all other conditions of zoning to remain.
I
Prior to adoption of the above resolution, Mr. Winch stated that a supplementary letter has
been received which asks for something different from that contained in the above letter, although he
would have no objection to the requested use being considered at, this meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as requested by Reverend T. R. Robinson~ approval
be granted for Germain Street Baptist Church, Saint Andrew & Saint David United Church and St. John's
(Stone) Anglican Church, to hold a Sunrise Service at Fort Howe on Easter morning, April 19th, 1981.
.
..J
,..
;38;7
On motion of Councillor Wayne
.
Mrs. S. E. Thor e Seconded by Councillor Landers
RESOLVED that the letter from Mrs. S. E. Thorn, 21 Morley Crescent,
regarding the small fairground which was recently operated on property at the corner of McAllister Drive and
Westmorland Road, be referred to the City Manager for a report and recommendation.
, Maritime Scrap
. Limited
I
re demolition 0
,N.B.E.P.C.
property, Dock
Street
I
eRev. H. Allan
, Whittaker
"-
Beverly A. Bate
Board of Como
, S. J. Regional
Hospital
I"
Jack Woodhouse
~Peter Murray
Lord Beverbrook
,Rink Citizens
Committee
Land Committee
'Edward Mullaly
eFirst Loch
\ Lomond Lake
I
Land Committee
'Jack Barry
Harry Stevenson
Cedar Point
". Trailer Park
Land Committee
, Roy Hos ford
Old Ketepec Rd
I
LEGAL
S E S S ION
,
~ Wilson Securit
Ltd
....
(Deputy Mayor M. Vincent re-entered the meeting)
Read a letter from Mr. Roderick H. Polley, President of Maritime Scrap Limited, in reply to comments
raised at the last Council meeting regarding their contract with the City for the demolition of the former
N.B.E.P.C. property on Dock Street, referring to a Certificate of Substantial Completion, signed by the
project engineer, Mr. John Shackleton, which indicated the only outstanding item to be performed is the supply
of one foot of gravel to the site, at an estimated cost of $1,000.00. The letter states that during the
course of the contract they were requested by Mr. Shackleton to supply equipment and labour in repairing City
property, and have expended to date an amount of $1,350.00 regarding such additional work. The letter further
advises that the said firm has not billed the City for such work and respectfully requests payment of the
tender price.
Mr. John Shackleton, who was engaged by the City as project .engineer on the above demolition contract,
was present at the meeting and advised of the additional work which staff feels is required to complete the
project. In further discussion, Mr. MacKinnon reported that payment of the contract price of $28,500.00, less
a 15% holdback, and less an amount of $1,500.00 for the work remaining under the contract, is being processed
by staff in the usual manner and payment should be made shortly, if it has not already been made.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from Maritime Scrap Limited regarding their
contract with the City for demolition of the former N.B.E.P.C. property on Dock Street, be received and filed.
On motion of Councillor MacCallum
Seconded by Councillor Elliot
RESOLVED that the letter from Reverend H. Allan Whittaker, offering a
small piece of land at the intersection of Belgian and Glen Roads to the City to improve traffic conditions at
this location, be referred to staff for a report.
On motion of Councillor MacCallum
Seconded by Councillor Denton
RESOLVED that Mrs. Beverly A. Bate be re-appointed to the Board of
Commissioners of the Saint John Regional Hospital for a term of three years.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that Messrs. Jack Woodhouse and Peter Murray be appointed to
the Lord Beaverbrook Rink Citizens Committee.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that three items from the Land Committee be added to the agenda
and considered at this time.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property situate at First Loch Lomond Lake, owned by Mr. Edward Mullaly and listed
with Lucas Dickson Realty Ltd., for the sum of $18,000.00 and that the Mayor and Common Clerk be authorized to
execute any and all related documents in connection with the acquisition of this property.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, the Purchase and
Sale Agreement for Mr. and Mrs. Jack Barry and Mr. Harry Stevenson regarding the purchase of lots in the Cedar
Point Trailer Park, be amended and that the deposits of $500.00 be returned to them; and that the rental for
April, May and June,be deducted from the $500.00 deposit before the refund is made, Common Council having
decided at a previous meeting that no rental would be charged to those people who would be purchasing lots and
Mr. and Mrs. Jack Barry and Mr. Harry Stevenson have therefore not been paying any rental since March 31st.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from the Land Committee with regard to the
request of Mr. Roy Hosford for permission to put a concrete foundation under his house on the Old Ketepec
Road, recommending that Mr. Hosford be granted an easement for the life of the building on the portion of the
Old Ketepec Road on which he is encroaching and that the Building Inspector be authorized to grant a building
permit so that the work can proceed while the legal work is being completed, be received and filed and the
recommendation adopted.
Prior to the.regular meeting, the Council met in Legal Session, when there were present Mayor
Lockhart and Councillors Denton, Elliot, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and Wayne.
LEGAL
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor regarding the erection
of a sign by Wilson Security Ltd., 44 Coburg Street, in contravention of the City's Zoning By~ffw, be received
and f'iled:
AND FURTHER that the following resolution be adopted, namely:
388
""'l
Wilson Security Ltd
re over-handing sign
\
Arbitration Board
pet. Sgt. L. Wagg
Grievance
U. L 1 '81 (,,\
,nlon, oca .
,
Arbitration Board
Sgt. Garnett
Lord Beaverbrook
Rink Committee
re professional
hockey team
,
purchase of bleachers
"WHEREAS Wilson Security Ltd. has erected an illuminated, over-:hanging sign on the property
known as civic number 44 Coburg Street in the City of Saint John in contravention of the City of Saint
John Zoning By-Law:
THEREFORE BE,IT RESOLVED that the City Solicitor, or his 'designate, be authorized to commence
proceedings pursuant to the provisions of the Community Planning Act to secure an Order from a Judge of
the Court of Queen's Bench that Wilson Security Ltd. comply with the provisions of the City of Saint
,John Zoning By-Law by removing the 'illuminated; over-hanging sign from the property at the said 44
Coburg Street.".
On motion of Councillor M. Vincent
Seconded by Councillor Denton
. RESOLVED that the letter from the City Solicitor; submitting the
Arbitration Board's decision regarding the grievance of Lawrence Wagg, advising that he has examined the
.question of appealing to the Appral Court of the Board's decision based on the Chief's legal authority
and discussions with Ronald Lister, Q.C., and while the decision,of the Board is difficult to accept,
the Appeal Court has consistently held that decisions of Arbitration Boards will not be disputed unless
there is some evidence of considerable bad faith, however, they are still considering the merits of
appeal, and if there is any possibility of succeeding, the Council will be informed by July 14th, 1980;
in the meantime, he has discussed the matter with the City Manager, and forthwith a member of the Legal
Department will be involved in the grievance processbeginning at the initial stages, and with input from
the beginning, and if the disputes still'reach the Council level, he will be in a better position to
advise Council of its chances of succeeding in Arbitration -- be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the City Solicitor, submitting the
decision of the one-man Arbitration Board concerning the discipline hearing involving Sergeant Garnett
of the Saint John Police Force, be received and filed and the award be complied with.
Question being taken, the motion was lost with the Mayor and Councillors Knibb, voting "nay".
,On motion of Councillor MacCallum
Seconded by Councillor Knibb
RESOLVED that the above matter be laid on the table until the next
meeting.
On motion
The meeting adjourned.
~~
I ' Srf M/'p
1/ Asst. Common Clerk
At a Common Council, held at,the City Hall, in the City of Saint John, on Monday, the seventh
day of July, A.D. 1980, at 4.00 o'clock p.m.
present
A.RR. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Community Planning, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissioner of Engineering,
J. Gabriel, Deputy Commissioner of Works, D. Wilson, Deputy Commissioner
of Finance, J. F. Ross, Chief of Police, J. Breen, Deputy Fire Chief,
J. Johnson, Building Inspector, D. French, Director of Personnel,
G. Soucy, Labour Relations Officer, D. Buck, Deputy Commissioner,
Housing and renewal Services, M. Hanlon, Purchasing Agent and
N. MacNeil, Public Relations Manager
Preceding the opening prayer which was o~fered by Councillor DentoD; a minute~of silence was
observed in memory of the late Mrs. Dorothy Garey, Wife of D. H. Garey, Common Clerk.
The Mayor stated that out of respect for the late Mrs. Garey, the regular Council agenda items
would not be dealt with at this meeting, however, a request has been received from the Lord Beaverbrook
Rink Committee regarding attempts to have a professional hockey team in Saint John, which requires con-
sideration by Council at this time.
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that the Common Council wholeheartedly supports the
management committee under an agreement between the Trustees of the Lord BeaverbrookRink and the City of
Saint John, in their endeavour to bring professional hockey to the City:
AND FURTHER the Common Council encourages and supports the committee
to have the agreement amended accordingly to allow the citizens of the City ,to
commencing the 1980-81 season.
in approaching the Trustees
enjoy professional ho~key
On motion of Councillor Green
Seconded by M. Vincent
RESOLVED that the City of Saint John authorize the purchase of up to
1,560 bleachers seating at a cost not to exceed $105,000.00, subject to approval by those having juris-
-diction over safety regulations, the cost to be recovered from the tenant at the rate of 10% per annum,
principle and interest, and the purchase of such bleachers seating shall be conducted by public tender.
.
I
I
.
I
.
I
I
.
~
,..
389
.
LEGAL
S E S S ION
Arbitration Bd
\ Sgt. Garnett
, Police Dept.
I
Ci ty Solicitor
I
,
Personnel Dept.
\ Po lice Dept.
.
\Keddy's Motor
Inn
re repairs to
wall
I
"Irving Refiner
re taxation
of crude oil
storage tank
Acting::'Minister
, of Municipal
Affairs
.
-I
I
.
"
Loyalist Days
....
Councillor Elliot, a member of the Lord Beaverbrook Rink Committee, stated that the above seating
will not be 'ordered until legal documents are completed and executed. He noted that other costs associated
with changes to the Rink are subject to the agreement being signed, with certain features to be cost-shared,
and others to be the responsibility of the tenant club.
Following a meeting in Committee of the Whole, the Council meeting resumed, in Legal Session.
Consideration was given to the letter from the City Solicitor, submitting the decision of the one-man
Arbitration Board concerning the discipline hearing involving Sergeant Garnett of the Saint John Police Force,
which had been tabled at the last Council meeting, during which Mr. Rodgers advised that there are no grounds
in his opinion to object to this decision.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from the City Solicitor, submitting the
deeision of the one-man Arbitration Board concerning the discipline hearing involving Sergeant Garnett of the
Saint John Police Force, be received and filed and the award be complied with.
Question being taken, the motion was carried with Councillors M. Vincent and Wayne voting "nay".
The matter of decisions involving disciplinary hearings being appealed to a one-man arbitration board,
as provided for in the collective agreement with the Police Union, was discussed.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that Council go on record as objecting to the establishment of
outside interference with the operation and disciplining of the Saint John Police Department, and that the
Personnel Department be instructed to negotiate this provision out of the next collective agreement with the
Police Union, if possible.
On motion of Councillor M. Vincent
Seconded by Councillor Elliot
RESOLVED that the joint letter from the City Manager and Building
Inspector, dated July 4th, 1980, advising that a building permit has been issued for the replacement of the
west wall of the convention centre wing of Keddy's Motor Inn, and the manager has indicated that they will make
separate application for the repairs to the other three walls following the completion of the west wall, be
received and filed and the City encourage the Keddy interests to take action on the remaining three walls.
(Councillor Landers withdrew from the meeting)
Read a letter from the City Manager, dated July 4th, 1980, regarding a meeting held by Council in
Committee of the Whole with the Honourable Eric Kipping and Robert Bishop, Deputy Minister, at which time Mr.
Kipping informed Council of the Government's intention to bring in a legislative amendment so that no Provincial
taxes would be collected on the assessment on storage tanks used solely for crude oil awaiting refining, which
decision was based on the vital role of the Irving Refinery in the Provincial energy policy, and Mr. Kipping
also said that Mr. Irving had requested that the Province also approach the City to ask for a forgiveness of
Municipal Taxes on the same crude oil storage tanks.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, Council advise
the Acting Minister of Municipal Affairs that the City of Saint John is opposed to the forgiveness of Municipal
Taxes on Crude Oil Storage Tanks.
On motion
The meeting adjourned.
'11ny ~~~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fourteenth day
of July, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
M. Vincent and Wayne,
- and -
Messrs. N. Barfoot, Assistant City Manager, R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, M. Zides, Commissioner of Community
Planning and Development, J. C. MacKinnon, Commissioner of Engineering
and Works, J. Gabriel, Deputy Commissioner of Works, J. F. Ross, Chief
of Police, D. French, Director of Personnel, and J. Johnson, Building
Inspector
Reverend E. Lloyd Lake, of All Saints Anglican Church offered a prayer which opened the meeting.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that minutes of the meetings of Common Council, held on June
30th and July 7th last, be confirmed.
The Mayor referred to the 1980 Loyalist Days celebrations which commence on July 15th and on expressed
the wishes o~ Common Council and sta~~ for a safe, prosperous and happy Loyalist Days this year.
390
""'l
Metro Const (1978)Ltd
,D. Hatfield, Ltd.
Tender accepted
.C. 1. L. lNc
~hlorine
Tender accepted
'Eastern Fence Limited
,chain link fencing
Forest Little League
\ ballfield
Tender rejected
Beach Cresccnt Lift
Station
re pump & motor
Tender accepted
.M.l.T. Sales Ltd
Beach Crescent Lift
'Station
supply of screens
,
Environment Committee
.Noise By-Law
\
Tender deposits
,
'motion lost)
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoices, namely:-
Metro Construction (1978) Ltd. - supply of asphalt
D. Hatfield, Ltd. - (Works Dept.) equipment rental
.
June
June
19-July 2, 1980
1-15, 1980
$ 39,681. 08
$ 31,096.70
In reply to a.query of Councillor Wayne" Mr. MacKinnon stated that the new plant of Metro
Construction is certainly capable of supplying the City's asphalt requirements.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of
C.I.L. Inc., in the amounts of 90~ per kg. and 39.5~ per kg. be accepted for the supply of chlorine to
the Water and Sewerage Department for a one-year period, being the lowest tender received.
I
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the tender of
Eastern Fence Limited of Moncton, N. B., in the amount of $57,189.75, be accepted for chain link fencing,
being the lowest tender received.
I
During discussion, Mr. MacKinnon outlined the projects to be included in the above contract,
which included the fencing of the Forest Hills Little League ballfield. Councillor Wayne stated she
understands that this fencing is already in place, having been erected by interested citizens.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the tenders
received for the supply of pumps and motors for the Beach Crescent Lift Station be rejected, and that
the Commissioner of Engineering and Works be authorized to negotiate prices for suitable equipment with
the tenderers, in order to meet the necessary requirements, and report back to Common Council.
.
On motion of Councillor Landers
Seconded by Councillor MacCallum
, RESOLVED that as recommended by the City Manager, the tender
of M.I.T. Sales Ltd., in the amount of $31,636.44, be accepted for the supply of screens for the Beach
Crescent Lift Station, being the lowest tender received, and that the Mayor and Common Clerk be authorized
to execute the contract in this regard on behalf of the City.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager regarding the
request of the Environment Committee that Council review its decision of November 19th, 1979 not to
enact a Noise By-Law, submitting a report prepared for Council at that time, and advising that the
arguments raised at the time of Council's last consideration of the matter included the following: (1)
because Saint 'John is-an industrial City noise is a component of everyday lift and activity; (2) other
Noise By-Laws exempt moisy city activities from their provisions; (3) a Noise By-Law would not be
effective without reproduceable standards of measurement of noise and these standards would require
equipment and trained staff to use it; and (4) the nuisance caused by noise depends somewhat on the time
it occurs and the by-law would need to be quite complex in this regard -- be received and filed.
I
Councillor Wayne referred to a complaint from a citizen regarding noise from a "disco", and
the Mayor asked that she discuss this matter with the City Solicitor.
,
\
Question being taken, the motion was car~i~d with Councillors M. Vincent and Wayne voting
.
"nay".
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, dated April 25th,
1980, with regard to Council's request that the requirement for deposits on tenders for the supply of
goods to the City be reviewed, which had been tabled by Council on April 29th last for consideration by
the incoming Common Council, advising that the practice of requiring tender deposits for the supply of
goods has been in effect for ,some years and the City has found the tender deposit a very useful tool in
gaining realistic and accurate delivery dates which staff have found are necessary in order to schedule
work projects and to eliminate costly repairs on makeshift equipment while awaiting the arrival of new
. equipment that has, in some cases, been unrealisticly promised as to delivery date, and since the
deposits are negotiated by the City, interest costs are not lost to the taxpayers and competitive bids
ensure proper pricing and there appears to be no lack of competition; advising of results of an inquiry
made of other governmental purchases as to their policy on tenders 'for the supply of goods; and recommend-
Qing that bid deposits continue to be a requirement on tenders for the purchase of goods for the City of
Saint John but that the deposit on tenders for equipment be reduced from 5 percent to 3 percent -- be
taken from the table and the recommendation adopted.
1-
I
Prior to the above motion being proposed, Councillor Landers proposed a motion, which was not
seconded, that bid deposits for the purchase of ,goods be waived. He noted that the Provincial Govern-
ment does not require bid deposits and he suggested that such a requirement adds to the tendered price
for the supply of goods, considering the time delay following such deposits being made, and the matter
being finalized and the cheques of the unsuccessful tenderers being returned.
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that the above matter be referred back to the City
.
Manager for a further recommendation.
Question being taken, the referral motion was lost, a tie voting having been created with
Councillors Gould, Green, Knibb, M. Vincent and Wayne voting "nay".
..J
,....
.3.91
.
I'
,.., Trus t
Funds
I
.
I
Progress
payments
\ Loch Lomond Rd
Stephen Const.
\ Limi ted
Municipal Build
" ings Energy
Supply
Eastcan Consul~
" tants Limited
.
Rockwood Park
" Standpipe
A. J. Mallette
" & Sons Ltd.
I
I
Tender accepte
"W. N. White &
Do. Ltd
Beach Crescent
'Lift Station
generator
Peters Street
... & Waterloo St
.
re parking
.....
Question being taken, the original motion was carried with Councillors Landers and MacCallum voting
"nay" .
The Mayor welcomed to the meeting, Mr. and Mrs. V. Barfoot, parents of Mr. N. Barfoot, who are
visiting the' City of Saint John from Auckland, New Zealand.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that any two of the following officers, namely:
Commissioner of Finance
Deputy Commissioner of Finance
Chief Accountant
be and are hereby authorised for and on behalf of The City of Saint John to sell, assign, transfer, exchange,
convert or convey any and all shares, stocks, bonds, debentures, rights, warrants or other securities owned by
or registered in the name of The City of Saint John or any of the following funds:
Sinking Fund
O'Connell Trust
Tucker Trust
Ross Memorial Trust
Stockford Memorial Trust
Saint John Horticultural Association Trust
Airport Sale Fund
Recreation Development Fund
Building Depreciation Fund
Land Subdivision Trust
Equipment Replacement Fund
A. Carle Smith Trust
Saint John Parking Commission Trust
and to sign and execute all assignments, transfers, conveyances, powers of attorney and other instruments that
may be necessary for the purpose of selling, assigning, transferring, 'exchanging, converting or conveying any
such shares, stocks, bonds, debentures, rights, warrants or other securities.
The Mayor stated he has been advised by Mr. Park that an explanation of the above trust funds is
being prepared and will be forthcoming to the Council members.
On motion of Councillor Green
Seconded by Councillor M. Vincent
, RESOLVED that as recommended
granted for payment of the following construction progress certificates
services, namely:-
by the City Manager, authority be
and approved invoice for engineering
1.
Loch Lomond Road
Stephen Construction Limited
Paving, Phase 2, Stage 3
Current budget allotment
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 3, 1980 Final Release of Holdback
$ '169,934.42
169,934.42
Nil
164,836.39
5,
$ 5,098.03
2.
Municipal Buildings Energy Study
Eastcan Consultants Limited
for engineering services
Total original value of contract - Less than
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 3, 1980 Final payment for this project
$ 25,000.00
22,321. 00
Nil
16,514.00
2,
$ 5,807.00
3.
Rockwood Park Standpipe
A. J. Mallette & Sons Ltd.
Painting of standpipe
Total original value of contract
Total work done, Estimate Number 3 (Final)
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 3, 1980 Final Release of Holdback
$ 19,670.00
19,370.00
Nil
18,788.90
3,
$ 581.10
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of W. N.
White & Co. Ltd., in the amount of $25,381.00, be accepted for the supply of a diesel generator for the Beach
Crescent Lift Station, being the lowest tender received, and that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding the matter raised by Councillor Elliot on February 4th,
1980 with respect to the concern of the residents of Peters Street who were experiencing difficulties because
non-resident parking prevented normal pick-up and visitor parking, and regarding a letter considered by Council
on the same date from Richard's Service Central regarding a parking problem on Waterloo Street, advising ,that
staff of the Police Department and the' Traffic Engineering section agree that parking meters are not the best
solution to either problem for the reasons as outlined; and further advising that on June 18th, 1979 the
Traffic By-Law was amended to allow thirty-minute parking on Waterloo Street near Richard's Service Central for
customer parking and a one-hour parking limit has been in effect for some time on Peters Street, and both areas
are signed accordingly and the Police Department has increased enforcement of these time limits and turn-over
392
.,
"
Dilapidated Building
Nina Debly
,95 Mallette Rd
Traffic By-Law
re parking at
corner of Lansdowne
\ ,&,Wellesley Avenues
S.T.E. Fetterly &
~ Son Limited
D. Hatfield, Ltd
Xhitticks (1962) Ltd
.Grove Cons t . L td.
Parking "
Coburg, Dorchester &
\ Garden Sts
Traffic By-Law
Sewage treatment
Proj ect
\
pumping station, Red
Head
Agreement
,
policy re re-zoning
applications
rates at both locations have improved; and recommending that enforcement of limited parking on Peters
Street and on Waterloo Street be continued -- be received and filed and the recommendation adopted.
Councillor Elliot suggested that, enforcement of the parking regulations, particularly on .
Waterloo Street, has been most ineffective. In explanation of the statement in the above letter that the
area is outside the regular enforcement area, Mr. MacKinnon stated that this reference is with regard to
the patrolling of parking meters by commissionaires. Councillor Landers suggested that the parking
problems in this area are due to the hospitals and Provincial laboratory.
Notice had been sent to Nina Debly, owner of the Fee Simple, to appear at this meeting to show
cause, if any, why the building located at civic number 95 Mallette Road, L.R.I.S. Number 326330, should
not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of
the said building and stated that the building on this property was fire-damaged and more than 50% of the
value of the building was destroyed during the fire, and he would therefore recommended that the said
building be declared dangerous and dilapidated and the owners be 'compelled to destroy or remove the
building under the provisions of the 1925 Building Act.
I
Mr. Charles Debly was present at the meeting with regard to the above property, and stated he
plans to clear up the site, following settlement with the insurance company, and he suggested that the
building could be demolished by him in sixty days time.
AND BE IT FURTHER RESOLVED that the said Nina Debly is hereby required to remove or destroy the
said building situate at civic number 95 Mallette Road, in the City of Saint John, within ten days after .
receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon.failure of the said Nina Debly to remove or destroy the
said building situate at civic number 95 Mallette Road, in the City of Saint John, in compliance with the
request of such notice, that the Building Inspector cause such work to be done and the cost thereof
recovered from the said Nina Debly.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, advising that the change in land use from service station
to fast-food take-out service on the northeast corner of Lansdowne and Wellesley Avenues has created an I
on-street parking problem near the intersection; and recommending that the submitted amendments to the
Traffic By-Law to restrict parking on the said streets be referred to the Legal Department for appropriate
action -- be received and filed and the recommendation adopted.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoices, namely:-
S.T.E. Fetterly & Son Limited - supply of 6-inch and 12-inch Tyton
Ductile Pipe, Class 52 Cement-lined
D. Hatfield, Ltd. - (Works Dept.) equipment rental June 16-30, 1980
Chitticks (1962) Ltd. - equipment rental June 16-30, 1980
Grove Construction Ltd. - supply of gravel June 2-13, 1980
$ 9,836.64
$ 36,429.88
$ 5,494.00
$ 7,672.09
.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, advising that further to a review of parking in the
central business district fringe area, staff proposes some changes in legislation to improve parking and
traffic flow on Coburg, Dorchester and Garden Streets;' and recommending that the submitted amendments to
the Traffic By-Law be referred to the Legal Department for appropriate action -- be received and filed
and the recommendation adopted.
I
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Green'
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager advising that the
Province provides assistance to municipalities for the construction of sewage treatment projects in the
form of an annual grant equal to the first year's simple interest of the eligible total cost less any
Federal grants when the loans are financed over a fifteen-year period, and submitting an Agreement
between the City and the Province which covers the annual grant of $59,177.40 for the forcemain and
pumping station project at Red Head, be received and filed and authority be granted for the Mayor and
Common Clerk to execute the said 'Agreement on behalf of the City.
I
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager regarding a
request made by Council on March 3rd last that staff look at existing policy regarding re-zoning applica-
tions and the re-applying of same within a designated period of time; advising that the Community Planning.
Act permits a by-law to provide that the Council will not consider applications for amendment, or resub-
missions thereof" except at such times as may be specified in the by-law an'd it is Council' s prerogative
to decide whether it will or will not change City policy or laws; further advising that it has therefore
become a widely accepted practice, not only in New Brunswick, ~or zoning by-laws to provide a waiting
~
'"
',' .;..
,393
.
I
\(motion lost)
I
.
I
Market Action
\ Committee
re roadside
"pedlars &
traders
.
, Traffic By-La
parking
'- Wentworth St
I
I
. '- Taxi By-Law
....
periOd of between six months ,and three years between re-applications for amendments; and stating that Council
should not have to hear repeated requests for all amendment to the by-law after the application has been properly
heard and Council has decided to refuse it - on the other hand, Council should ,have the freedom to reconsider
an application when new circumstances indicate this would be the correct procedure and the re-consideration
should, of course, be consistent with its policies for processing all applications; and recommending that the
Zoning By-Law be amended by inserting a new subsection 9(8) to read as follows: "Unless the Council is of the
opinion that there is valid new evidence or change in conditions, Council shall not consider an application for
an amendment to this By-Law where the requested change has been denied by it or withdrawn by an applicant
within the twelve month period immediately preceding the filing of such application." -- be received and filed
and the proposed amendment be referred to the Planning Advisory Committee for a report and recommendation, and
authority be granted for the necessary advertising in this regard.
Councillor MacCallum referred to the delay in the above recommendation being submitted for considera-
tion of Council. Councillors Knibb and Landers spoke in opposition to the above motion.
Moved in amendment by Councillor Denton
Seconded by Councillor Elliot
RESOLVED that the above motion be amended to provide a period of six
months immediately preceding the filing of such applications, rather than the twelve month period as recom-
mended.
Councillor Green stated he feels citizens should have an opportunity to appear before Council and
present the facts in any re-zoning application. Councillor Elliot suggested there would be access to the
COlillcil in the above recommendation, if new evidence is presented. Regarding the procedure to be followed if
the above recommendation of the City Manager, as amended, is adopted, Mr. Rodgers suggested that persons would
not be prevented from submitting rezoning applications, and the restriction would be on Council to prevent
consideration of such applications unless new evidence or a change in conditions is presented. Mr. Zides
advised that in some municipalities there is a prohibition against such re-applications being submitted,
ho,rever, in this instance, he suggested that Council would refer such re-applications to the Planning Advisory
staff, prior to a decision being made to proceed on such applications. It.was noted by several Council members
that this procedure would not comply with the policy being considered, which states that Council must be of the
opinion that no new evidence is presented.,
Question being taken, the amendment to the motion was carried with Councillors Green and Landers
voting "nay".
Question being taken, the motion as amended was lost, a tie vote having been created with the Mayor
and Councillors Green, Knibb, Landers and M. Vincent voting "nay".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from Councillor Wayne regarding the above
matter be received and filed.
(Councillor Gould withdrew from the meeting)
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor regarding a letter from
the Market Action Committee dealing with the question of what legal action can be taken against the pedlars and
traders who are now carrying on business on the roadside through the City, which was considered at Council's
June 30th meeting, advising that the correspondence concerning this matter, together with existing by-laws and
relevant legislation, has been examined, and if Council is interested in enacting. a by-law for licensing
purposes, he recommends that the City Manager, together with the necessary staff, be asked to formulate a
policy for Council so that the necessary by-law may be drafted for Council consideration, with such a by-law to
obviously recognize restrictions placed on the municipality by virtue of the Municipalities Act, as noted in
the letter, and advising that from the point of view of regulating pedlars, if such activity is presently
taking place on City streets or in zones in violation of the Zoning By-Law, present laws should be examined by
the Police Department or the Planning Department with a view to prohibiting such activity -- be referred to the
City Manager and the Chief of Police for whatever action is deemed necessary.
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor, submitting a proposed
amendment to the Traffic By-Law regarding parking restrictions on Wentworth Street, between Britain and Queen
Streets, as requested at Council's meeting of June 23rd last, be received and filed:
AND FURTHER that the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets in
the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", be
read a first time.
Read a first time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets in
the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Law Respecting
Traffic On Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Traffic On Streets in
the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor, submitting a proposed
amendment to the Taxi By-Law regarding several changes previously requested by Council, be received and filed:
AND :F'U11THER that the by-law entitled, "A By-Law to Amend A By-Law Respecting the Regulating and
Lrcensing of Owners and Operators of Taxicabs in the City of Saint John", be read a first time.
394
~
,
Taxi By-Law
\:Zon i Ilg 'By- Law
.--~- -~/
Loch Lamond Rd
\
McDermott, Doris E
re-zoning condition
Committeecof the
Whole Report
foyal Canadian Legio
Golf Tournament
Grant request
, Establishment
Mayor's secretary
'Mayor's Office
Administrative
Assistant
Read a first time the by-law entitled, "A By-Law to Amend A 'By-Law Respecting the Regulating
and Licensing of Owners and Operators of Taxicabs in the City of Saint John".
On motion of Councillor Wayne
Seconded by Councillor Knibb
.RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law
Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John",
be read a second time.
.
Councillor Landers suggested that the ,City would have difficulty in enforcing. sections 2 and
3 of the above proposed amendment, and, he inquired as to how it is proposed to enforce section 3.
Chief Ross replied that at this time he cannot conceive how this could be accomplished.
Question being taken, the motion was carried with the Mayor and Councillors Elliot and
Landers voting "nay".
Read a second time the by-law entitled, "A By-Law .to Amend A By-Law Respecting the Regulating
and' Licensing of Owners and Operators of Taxicabs in the City of Saint John".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto"; insofar as it concerns amending Schedule "A"
of the Zoning Map of the City of Saint John, by re-zoning property located on the southern side of Loch
Lomond Road and the eastern side of Crawford Road, 'containing approximately 7 1/2 acres (L.R.I.S.
Number 325092), from "RS-l" One- and Two-'Family Suburban Residential to "RS-IM" One- and 'Two-Family and
Mobile Homes Suburban Residential; subject to the three mobile homes being located on.the property in
conformity with Section 209 or the Zoning By-Law and that the summer camp be removed.from the property,
be read a third time and enacted and the Corporate Common Seal affixed thereto.
.
I
I
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution. .
Read 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 begs ieave to report that it sat on Monday, July 7th, 1980, when there were
present Mayor Lockhart and Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum, A. Vincent, M.
Vincent and Wayne, and your Committee submits the following recommendations, namely:-
1.
regarding
That the request of the Saint John District, Royal Canadian Legion, for financial assistance
the N. B. Royal Canadian Legion Golf Tournament, be denied.
2.
That the 1979 civic establishment be amended as follows:
(a) that the position of Mayor's Secretary (Group 6) be declared redundant and abolished;
(b) that the position of Secretary III (Group 6) in the,Visitor Bureau/Public Relations be
created;
(c) .that the position of Stenographer II (Group 3) in the Mayor's Office be created;
(d) that the position of Administrative 'Assistant in the City Manager's Office be declared
redundant and abolished; and
(e) that the.position of Administrative Assistant in the Mayor's Office be created.
Saint John, N. B.,
14th July, 1980.
Respectfully submitted;
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that section 2(a) of the above report be adopted.
I
.
I
Councillor Landers stated he will object to sections 2(a), (b) and (c) of the above report,
and while he is aware of the feelings of Council in this regard, he personally feels it was not the way I
to accomplish what was desired, and he is disappointed with this action.
Question being taken, the motion was ,carried with Councillor Landers voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that section 2(b) of the 'above report be adopted.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On'motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that section 2(c) of the above report be adopted.
.
.....
,...
3.95
.
Ci ty Manager's
\ Office
establishment
I
1-
.
1
Deferred
, Widening By-
Law
,Carmarthen St
.
., Coune. Elliot
I
re-zoning
" regulations
I
", Counc. Ell iot
gravel pit &
, quarries
regulations
.
Land Committe
lS6 Germain S
"Jennie B.
Carter
...
On motion of Councillor Green
Seconded by Councillor Denton
RESOLVED that section 2(d) of the above report be adopted.
Mr. Barfoot advised that the present establishment of the City Manager's Office provides for
an Assistant, an Executive Assistant and an Administrative Assistant. Councillor Wayne referred to
another gentleman working out of the City Manager's Office on a consulting basis and she asked what
this peron's duties are. The Mayor stated that he will obtain a job description for this person and
under what terms he is a member of the City staff.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 2(e) of the above 'report be adopted, and that the
terms of reference for this position be provided to Council.
Considerable discussed ensued regarding the position of Administrative Assistant in the Mayor's
Office, and several Council members expressed their approval for the establishment of this position to assist
the Mayor and, from time to time, to assist the Council members when the need arises, due to the administra~
tive workload being placed on th~ Mayor and Council members at this time.
The Mayor withdrew from the chair and assumed a seat at the Council table. Deputy Mayor M. Vincent
assumed the chair. At this time Mayor Lockhart gave a veral statement regarding the need for an Administra-
tive Assistant in the Mayor's Office and noted that the said position does not represent an increase in the
City's establishment. He stated that the suggestions made by Council members will be taken into consider-
ation in drafting the terms of reference for the position, and referred to the additional workload being
undertaken by the City due to involvement in many major projects and the renewed interest of many large
business interests in the City of Saint John. Following his remarks, the Mayor re-assumed the chair in Common
Council.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the above Committee of the Whole report be received and
filed and approved.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee regarding
the proposed Deferred Widening By-Law for the Carmarthen Street Extension, advising that at its most recent
meeting the Committee passed a motion recommending that Council enact the proposed by-law as set out in the
letter from the City Solicitor, dated June 20th, 1980, be received and filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law Respecting Deferred Widening Under the Authority of
the Community Planning Act - Carmarthen Street Extension", be read a first time.
Read a first time the by-law entitled, "A By-Law Respecting Deferred Widening Under the Authority
of the Community Planning Act - Carmarthen Street Extension".
The effect of the above deferred widening by-law on properties in the area concerned, as
the requirements placed on the City as the result of enactment of such a by-law, were considered.
discussion, the Mayor suggested that the proposed by-law should be advertised and a public hearing
Council, to obtain the views of the property owners in this regard.
well as
Following
held by
(Councillor Gould re-entered the meeting)
On motion of Councillor MacCallum
Seconded by Councillor Elliot
RESOLVED that authority be granted to advertise Council's intention to
enact the above proposed by-law, and that a public hearing be held in this regard.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the letter from Councillor Elliot ,advising that the
processing of two recent requests for re-zoning showed what appears to be weaknesses in the City's long-term
planning with respect to establishing the needed balance between the flexibility that a dynamic community
requires and the stability that property owners demand to protect their lifestyle and investment and he feels
that the City's zoning regulations, etc. must be reviewed -- be received and filed and the City Manager be
instructed to initiate the action necessary to update the City's zoning and associated regulations in order
to overcome present inadequacies.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Councillor Elliot advising that on June
30th Council was told that regulations designed to govern gravel pits and quarries have been in the developmental
stages for years, and he feels many of our problems, including those associated with gravel pit operations,
should or might be overcome by updated regulations -- be received and filed and the City Manager be instructed
to see that the required regulations are prepared immediately.
On motion of Councillor Green
Seconded by Councillor Denton
RESOLVED that
interest in the lot situate at 156 Germain Street be
_.of $1,100.00.
as recommended by the Land Committee, the freehold
sold to the lessee, Mrs. Jennie B. Carter, for the sum
J:-: ~.o-::-,:~v:~ 0:: _J.':.._.C
396
~
\ Exp rop ria t ion
Land Committee
.~154 ,Church Avenue
,Beatrice Osborne
'Church Ave. Overpass
Land Committee
'300 Rockland Road
,Florence Wightman
North/South Arterial
,
Counc. Wayne
~Marsh Creek Bridge
Marsh Creek Flood
'Reduction Agreement
';reo zon~ng
" S<;lirit J6hn"Regional
~ Hospital
University Ave
re-zoning
, Thomas McBride
, Ernie I s Home Improve
ment Ltd
Ashburn Road
re-zoning
'Associated Investors
of Canada Ltd
'Brentwood Park Subd.
,C.O.LL.
sidewalk ramps for
disabled
"Loyalist Days Inc.
King Square North
re Loyalist Lane
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, expropriation
procedures be commenced immediately to acquire the property situate at 154 Church Avenue owned by Mrs;
Beatrice Osborne, which is required for construction of the Church Avenue Overpass.
.
(Councillor Elliot withdrew from the meeting)
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property at 300 Rockland Road from Mrs. Florence Wightman, for the appraised ,.i,'1
value of $22,000.00, such property being required for the North/South Arterial.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
(The Mayor withdrew from the meeting and Deputy Mayor M. Vincent assumed the chair)
On motion of Councillor Wayne
Seconded by Councillor MacCallum ",1,
RESOLVED that the'letter from,Councillor Wayne advising that it
has been brought to her attention that the Province is having problems acquiring the necessary land from
the Irving interests to allow the new Marsh Creek open-span bridge to be built, which will alleviate much
of the flooding problems in the Rothesay Avenue/Glen Falls area, be received and filed'and the City
Manager contact the Provincial Minister of Transportation to ascertain where the completion of this part
of the Marsh Creek Flood Reduction Agreement stand.
(Councillor Gould re-entered the meeting)
On motion of Councillor Wayne
.
Seconded by Councillor Denton
RESOLVED that the application submitted by Mr. J. K. Tingley,
Executive Director of the Saint John Regional Hospital, for re-zoning of the new regional hospital site
on University Avenue from Park to Institutional classification, be referred to the Planning Advisory
Committee for a report and recommendation and that authority be granted for the necessary advertising in
this regard.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. S. Roy Kelly, Q.C., advising
that he represents Mr. Thomas McBride, owner of property on ,Ashburn Road, (L.R.I.S. Number 052720), the
subject of a re-zoning application from Ernie's Home Improvement Ltd., ~epresented by Mr. W. K. Jones I
of 26 Westmorland Road; and further advising that the agreement of sale regarding this property expired
July 1st, 1980 and his client will not renew this agreement of sale with Mr. Jones and does not wish to .
having the zoning of this property changed, and accordingly, he requests that no further action be taken
by Common Council regarding the said re-zoning'application of Ernie~s Home Improvement Ltd. -- be received
and filed and the request be acceded to.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. K. N. Marlin, President of
Associated Investors of Canada Ltd., advising that the zoning for Brentwood Park Subdivision, which con-
tained approximately 50 acres, was based on a five-year development period which expired June 1st, 1975
and economic conditions and serious overbuilding of apartment buildings in Saint John made it impossible
to proceed with the development plan and as a result, Associated Investors was forced to reacquire
approximately 16 acres of the subdivision; further advising that the said firm is now intthe process of .
putting together an apartment development with another developer and therefore request a further extension
of the time period for an additional five years so as to permit development of the remaining property,
be referred to the City Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Donald J. Shea, President of
Centers Offering Independent Lifestyles Incorporated, asking Council to examine the new intersection at
Bayside Drive and Loch Lomond Road regarding curb7ramps for the disabled, and stating that it would appear I
that there is little enforcement to ensure ramps are being placed'where warranted throughout the City,
even during new construction, and asking Council to pass the necessary by-law in this regard, be referred
to the City Manager for a report and recommendation.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that'as requested by Loyalist Days Inc., authority be
granted for the use of King Square North for the purpose of situating Loyalist Lane from July 15th, 1980
to July 19th, 1980 in connection with the 1980 Loyalist Days celebrations, which will require the removal
of all parking on the street and the elimination of general traffic with a lane to be kept open for the
use of buses and a fire lane.
I
Discussion ensued regarding the previous use o~ King Square North for the requested use, and it
was noted that at that time, the buses'were rerouted along Charlotte'Street. Councillor Landers expressed
his concern with the danger that would be created by having the buses use King Square North during these
celebrations. It was suggested that in future Loyalist Days Inc. should'be asked to have such requests
presented to Council at an earlier date.
On motion of Councillor MacCallum
.
Seconded by Councillor Landers
RESOLVED that the above matter be referred to the Acting City Manager
fo the necessary action.
Question being taken, the referral motion was carried.
..J
,...
397
,
. Noranda Metal
Industries Ltd
'\ McKnight Motors
Ltd
I". Traffic
North &
, Market
By-law
South
sts.
.1 \ Traffic By-Law
". LEGAL
S E S S ION
Lord Beaverbrook
'\ Committee of
Citizens, Ine
Nordiques.
'\ -'
. -"Hockey.Club
I
.
I
'\ North & South
Market Sts
Traffic By-La
I
Water & Sewerag
" Rates, non-
payment
Tartan St
Woodside Ave
Highmeadow Park
. Det. Sg. L.
. Wagg
Union, Local 81
"'" grievance
....
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from Noranda Metal Industries Limited, Norcast
Division, advising that they recently crushed a large number of cars at MacKnight Motors Ltd. to help keep
their recycling plant operating and the operation of these gathering areas of vehicles is their prime source
of material for their Provincially-sponsored recovery operations, and stating they trust that the City and
MacKnight Motors Ltd. may reach an amicable agreement so that this valuable supply source for their material
may continue, be received and filed.
On motion of Councillor Landers
Seconded by Councillor
By-Law with respect to
sidered at this time.
MacCallum
RESOLVED
parking regulations on North
that the matter of a proposed amendment to the Tra~fic
and South Market Streets, be added to the agenda and con-
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law
Respecting Traffic On Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act,
1973, and Amendments Thereto".
Prior to' the regular meeting, the Council met in Legal Session.
Mr. Cliff Warner:; Chairman, Lord Beaverbrook Rink Committee of Citizens, Inc. entered the meeting
accompanied by Mr. G. S. McMackin of McKelvey, Macaulay, Machum. Mr. Warner advised the status of negotiations
with Le Club de Hockey les Nordiques (1979) Inc. A draft agreement has been presented to the Club and they
are presently studying it.
Mr. McMackin noted that in 1960 when Lord Beaverbrook gave the rink to the City, he outlined certain
terms and agreements and one of the stipulations was it would not be used for professional hockey. If the
members of the committee enter into an agreement with the Nordiques and were later challenged as violating the
agreement causing termination of the contract, the committee would be open for breach of contract. Mr. McMackin
suggested the quickest way to overcome the problem would be to have the City indemnify the members.
The Management Committee is also concerned.with increasing the deficit. It is the intent of the
Committee to have the Nordiques absorb the increase in costs, however, team officials feel that since the im~~v~2'
provements are of long term benefit to the rink the city should pay a portion of additional costs. Councillor
M. Vincent referred to the $105,000.00 approved by Council for general improvements and seating.
It is the intention of the committee to have the members of the Foundation amend the original agree-
ment, however, the deadline to finalize the contract with the team is July 21st. Mayor Lockhart reminded
those present that the proposal being discussed at this time is an interim agreement in light of the proposed
Sports Complex.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that authority be granted to the Management Committee,
Lord Beaverbrook Rink Committee of Citizens, Inc. to continue to negotiate with Le Club de Hockey les Nordiques
(1979) Inc. subject to the 1960 agreement being amended to permit professional hockey and that the agreement with
the Nordiques shall be subject to any amendments of the 1960 agreement or necessary approval by the Foundation.
Question being taken the motion was carried with Councillor M. Vincent voting "nay".
Discussion ensued with respect to an increase in the deficit. The question arose as to how much of
the money approved last week can be attributed to improvements to the rink and must be written off. Mr. Warner
noted that his committee does not have the authority to increase the deficit, but must operate within the /
$45,000.00 deficit and stated they were the wrong party dealing with that as they have no authorization to
take on extra deficit.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the Management Committee be requested to meet with Le
Club de Hockey les Nordiques (1979) Inc. for the purpose of defining expenditures.
Read a letter from the City Solicitor regarding parking regulations on North and South Market Streets
for 30 minutes.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter of the City Solicitor respecting arrears in
three residential areas in the City where there is a higher than normal incident of late or nonpayment of water
and sewerage rates', namely, Highmeadow Park, Tartan Street and Woodside Avenue. Question arose as to the
collectability of one of the accounts and it was suggested the Commissioner of Finance and City Solicitor find
another account.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table.
Question being taken the motion was carried with Councillors Knibb, Denton, Landers and Green
voting "nay".
Read a letter from the City Solicitor with respect to the Arbitration Board's decision on 'Detective
Sergeant Wagg's grievance, wherein he advises he is not recommending that the Board's decision be appealed and
suggesting in the future careful consideration be given to the selection o~ its nominees. It was suggested
that all Councillors have a list of names prepared for referral when selecting names for boards and committees.
398
:"Ill
\ Arbi tration Boar
\Det. Sgt. Wagg
Grievance
'Union, Local 81
\ City Manager's
Office
, City of Moncton
airport
"Progress pay-
ments
,Dominion Park
Beach House
, 'Darkil Const. Lt .
,
Grove Const. Lt
Tender awarded
... Mari time Form-
less Limited
'concrete work
'- concrete curb in
Haymarket Squar
Marsh Creek
Bridge
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the City Solicitor, no appeal
be made on the Arbitration Board,'s decision with respect to Detective Sergeant Wagg.
On motion
The meeting adjourned.
~~
' . Common erk
,
At a Common Council, held at the City Hall, in the City of Saint John, on Mo~day, the twenty-
first day of July, A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on
July 14th last, be confirmed.
In reply to a query' of Councillor Wayne regarding a request made at the last Council meeting
for the terms under which an individual is employed in the City Manager's Office, the Mayor noted that
such information will be available in two weeks' time.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the Mayor and Council of the City of Moncton have expressed concern over the possible
loss of Federal Government employees through airport reorganization;
AND WHEREAS the Cities of Moncton and Saint John have suffered continuing erosion in the
numbers of Federal Government employees during the past ten years:
BE IT RESOLVED that the Common Council of the City, of Saint John joins with the City of Moncton
in opposing such loss of Federal employees, and further, that a copy of this resolution be forwarded to
the Members of Par'liament who represent. the respe'ctive cities.".
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following progress payment, namely:-
1.
Dominion Park Beach House
Darkil Construction Ltd.
Construction of new beach house facility
Current budget allotment
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated July 6, 1980 Final Release of Holdback .
.
-I
I~
I'
.
$ 88,746.96
88,748.96 I
Nil
86,084 . 56
5,
$ 2,662.40
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoice, namely:-
Grove Construction Limited - supply of gravel June 16-27, 1980 $ 5,783.03
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the contract
for concrete work for 1980 be awarded to Maritime Formless Limited, in the amount of $139,222.65.
Deputy Mayor M. Vincent referr~d to a section of median at Haymarket Square where work was
carried out and the concrete curbing has not been replaced. Mr. MacKinnon advised that this work forms
part of the project.which will ultimately result in the rebuilding of the Marsh Creek Bridge, and the
work referred to is only remedial work pending such reconstruction. Councillor Gould referred to a
portion of Germain Street, between Duke and Queen Streets, where concrete curb was replaced with asphalt
curbing.
I
.
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,.
'399
.
Tender accepte
Que-Mar Const.
, Ltd
West Side Wate
\ & Sewer Const.
Greendale,
.... flooding
I'N.B.E.P.C., '
\ Demoli tion
release of hold
back
'Maritime Scrap
Ltd.
I
. , Allingham
Crescent
emergency exi
I
, Dept. of
Health
,:Gran t re
purchase of
ambulance
.
I
'Taxi By-Law
(motion lost)
I
\Taxi By-Law
.
~
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, the contract for
West Side Water and Sewer Construction be awarded to the low tenderer, Que-Mar Construction Limited, in the
amount of $97,880.50.
In reply to a query of Councillor Wayne, Mr. MacKinnon advised that the project with respect to a
flooding problem in the Greendale area is not included in the above contract, but is still scheduled for mid-
August, following completion of the design and the obtaining of required easements from property owners.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the joint letter .from the City Manager, Commissioner of
Engineering and Works, and Senior Project Engineer, regarding the contract for demolition of the N.B.E.P.C.
facility structures on Union and Smythe Streets, which was awarded to Maritime Scrap Ltd. by Common Council on
March lOth, 1980 for the tender price of $28,500.00; advising,that this contract was substantially completed on
June 20th, 1980 and subsequently, the contractor was paid 85% of the contract value, as per terms of the
agreement, with the remaining 15% to be released thirty days after the date of substantial completion; and
recommending that approval be granted to release the 15% holdback, in the amount of $4,275.00, to Maritime
Scrap Ltd., provided the following documents are submitted bearing the date beyond the thirty days, being the
mecnanic's lien period following substantial completion, namely: (1) Mechanics Lien Search Certificate; and (2)
Certificate from the Workmen's Compensation Board -- be received and filed and the recommendation adopted.
Councillor Elliot asked the reason for the release of the above mechanics lien being submitted to
Council in this instance. Mr. MacKinnon stated that the same procedures were followed regarding payments in
this contract, however, normally a contractor deals with City staff whereas this contractor proceeded through
the Common Council on a number of occasions.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, regarding Council's request of April 21st last for a
detailed report of work to be done to maintain the emergency exit from Allingham Crescent to Sand Cove Road
frrnn a safety point of view and to provide an emergency exit for the area, advising that the guiderail barricades
placed by the City have been illegally removed by parties unknown and the matter has been reported to the
Police Department; further, the roadway is unsafe for unsupervised public use and the estimated cost to grade,
pave and provide adequate guiderails has risen to $30,000.00 and Council should now consider whether it wishes
to expend these funds, thus creating a public roadway for use by the residents, or instruct staff to again
barricade this unsafe, undeveloped, emergency ,access to protect the public from injury; further advising that
as stated previously by staff, this minimum width, undeveloped road is reserved in the event that Allingham
Crescent becomes blocked due to some emergency and at that time barricades can be removed and supervised use
per~itted during such an emergency; and recommending that the undeveloped reserved right-of-way between Allingham
Crescent and Sand Cove Road be adequately barricaded to prevent regular use by the general public -- be received
and filed and the recommendation adopted.
"nay".
Question being taken, the motion was carried with Councillors Green, M. Vincent and Wayne voting
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the letter from the Acting City Manager, advising that the
CitJ' has been advised by The Honourable Brenda Robertson, Minister of Health, that she is prepared to offer a
grant of about $9,000.00 towards the purchase of a new ambulance, with an additional $1,000.00 for the purchase
of equipment, this grant being based on approximately 50% of the cost of a new standard ambulance; further
advising that the City applied to the Department of Health for $18,000.00 in the 1980-81 budget on the advice
of Dr. Ingraham, who was in charge of the ambulance services for the Regional Hospital, which grant was to
replace two 1975 ambulances, however, as the Province received more applications for ambulance grants than
there was money available, Saint John, was only allocated one ambulance grant, and the Provincial officials have
advised that they recognize that Saint John has some priority if further grants become available; and recommending
that. the Mayor be authorized to accept the ambulance grant as outlined, and further, that the Minister be asked
to give first priority for a further ambulance grant in 1980 -- be received and filed and the recommendation
adopted, and that the Mayor and Common Clerk be authorized to execute the necessary agreement in this regard.
During discussion of the above matter, Mr. Barfoot advised that the ambulance service is funded by
the City, with a majority of the costs being recovered through user charges, and that the vehicle to be purchased
would be a four-wheel drive model, as had been recommended by Dr. Ingraham.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that third reading of the proposed amendment to the Taxi By-
Law be laid on the table for one week.
Question being taken, the tabling motion was lost, with the Mayor and Councillors Denton, Elliot,
Gould, Green, Knibb, M. Vincent and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting
the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John", be read a third
time and enacted and the Corporate Common Seal affixed thereto.
Councillor Landers expressed his dissatis'faction with the above proposed changes in the Taxi By-Law
and noted that Council had previously requested the City Manager to have the by-law updated and that action be
taken with respect to the position of Taxi Inspector, in order to improve the taxi industry in the City. In
further remarks he noted that the said proposed changes have never been discussed with the Chief of Police or
the Taxi Inspector. Considerable discussion ensued with respect to the ,proposed amendment, which includes four
specific changes, as well as the need to have a clause by clause review of the present by-law. It was noted
that at the last Council meeting the Chief of Police had stated that section 3 of the proposed amendment was
not enforceable. The Mayor suggested that the City Manager should be asked whether further amendments will be
proposed to the Taxi By-Law as a result of the requested review, and if previous Council directives regarding
the taxi industry have been carried out.
.400
~
\
Taxi By-law
,
Traffic By-Law
, re North & South
Market Streets
, Traffic By-Law
, re '.W.eritY'.orth St
- - - ~
Committee of the
Whole Report
,Saint John Rec'~'.:
gional Hospital
,'Samuel Davis
'G. Forbes Elliot
Plan. Adv. Com.
\Hartley Beesley
Moved in amendment by Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the proposed amendment to the Taxi By-Law be
amended by deleting Section 3 of the proposed amendment.
Question being taken, the amendment to the motion was carried.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that third reading of the proposed amendment to the
Taxi By-Law, as amended by Council at this meeting, be laid on the table for one week for further review
by the City Manager.
Question being taken, the tabling motion was carried with Councillors Elliot, Gould and M.
Vincent voting "nay".
(Councillor Gould withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law
Respecting Traffic On Streets in the City of Saint John Made ,Under the Authority of the Motor Vehicle
Act, 1973, and Amendments Thereto", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On
Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments
Thereto", the said amendment respecting parking regulations on North and South Market Streets.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law
Respecting Traffic On Streets in the' City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973, and Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed
thereto.
The by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On Streets in the City of
Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in
its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Amend a By-Lay
Respecting Traffic On Streets in the City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973, and Amendments Thereto", be read a third time and enacted and the Corporate Common Seal affixed
thereto.
The by-law entitled, "A By-Law to Amend A By-Law Resp'ecting Traffic On Streets in the City' of
Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", with respect
to parking restrictions on Wentworth Street, between Britain and Queen Streets, was read in its entirety
prior to adoption of the above resolution.
Read 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 begs leave to report that it sat on July 14th, 1980, when there were present
Mayor Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, M. Vincent and
Wayne, and your Committee supmits the following recommendations, namely:-
1.
Hospital
(a) that Samuel Davis be appointed to the Board or Commissioners or the Saint John Regional
for a three-year term.
(b) that Councillor G. Forbes Elliot be appointed to the Board of Commissioners of the Saint
John Regional Hospital, for the balance of the term of former Mayor Davis, such term to expire in 1981.
2. That Hartley Beesley be appointed to the Planning Advisory Committee for the unexpired term of
M. M. Somerville.
Saint John, N. B.,
21st July, 1980.
Respectfully submitted,
(sgd.) A.R.W. :Lockhart,
Chairman.
"...-1.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the above report be received and filed and the
recommendations contained therein adopted;
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
(Councillor Gould re-entered the meeting)
. ..n.
.. ..)~ I' ::.
II
I
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I
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I
I
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,..
~";..
401
.
Plan. Adv.
Conunittee ()..
\ Vito' s Piz~
Sign
I,
I
Plan. Adv.
committee
re- zoning
IMoose Mountain
Farms Ltd
re-zoning
. conditions
Municipal
Plan By-Law
I
.
Zoning By-Law
I
I
Land Conunittee
Mrs. B.
\ Kashetsky
,185 Rockland R
.
....
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee, advising
that on December 18th, 1979 the Committee granted a variance to Vito's Pizza to erect a 6-foot by 8-foot
illuminated pole sign 'in front of its building on Russell Street and it was pointed out at that time that
certain conditions in the existing Development Agreement with the City had not been carried out and the Commit~:c
tee's decision was conditional upon the Agreement being amended to provide for the following: (a) all obligations
under the Agreement shall be fulfilled by May 15th, 1980; (b) the size,' location, design, etc. of the sign
being acceptable to the Deputy Commissioner of Community Planning; and (c) no building permit shall be issued
for the pole sign until such time as all other conditions of the Agreement have been met; further advising that
on April 15th, 1980 the Committee amended its earlier approval in that a grassed area, instead of more substan-
tial landscaping, be provided, but subject to all other previous conditions and to date no reply has been
received from Vito's Pizza in 'reply to the request that he confirm that he was prepared to sign the amending
Agreement, but it has been learned that the landscaping has been installed, and furthermore, the sign has been
erected prior to the issuance of the necessary building permit; and further advising that in view of the fact
that the new sign has been erected prior to the issuance of a building permit and in order for this matter to,
be finalized, the Committee recommends: (1) that Council authorize the preparation and execution of the necessary
amendment to the Development Agreement between Vito's Pizza arid the City, dated December 20th, 1977; and (2) in
the event the applicant does not sign the Agreement, legal action be initiated -- be received and filed and the
recommendations adopted.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee, with
respect to the re-zoning of property located at Loch Lomond and Hickey Roads, as requested by Moose Mountain
Farms Limited, which was tabled by Council on May 20th last until a market study, required by the Zoning By-Law
and the Municipal Development Plan, had been undertaken and submitted by the developer; submitting the developer's
Market Study together with a brief commentary from the Planning Branch and the earlier Committee recommendations
and staff report; advising that the Committee is of the opinion that the developer has shown the need for and
viability of his project, and Common Council should now proceed to amend the Municipal Plan and Zoning By-Law
to facilitate this development; and recommending (1) that Common Council accept as satisfactory the Market
Study prepared by The Small Business Consulting Group Limited on behalf of Moose Mountain Farms Limited; and
(2) that Common Council enact the changes to the Municipal Development Plan and re-zoning previously recommended
by the Planning'Advisory Committee and in accordance with the recommendations contained in the Market Study
subject, however, to the following: (a) the proposed grocery store shall be restricted to a co-operative
establislmient; and (b) the' size of the shopping centre shall be restricted to a maximum gross ,leasable floor
area of 75,000 square feet -- be received and filed and the recommendations adopted.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", regarding property located at Loch Lomond and Hickey
Roads, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the by~law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", regarding property located at Loch Lomond and Hickey
Roads, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property located at Loch
Lomond and Hickey Roads, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property located at Loch
Lomond and Hickey Roads, be read a second time.
Read a second 'time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
Prior to adoption o~ the above motion, Councillor Knibb expressed his concern with the proliferation
of suburban shopping centres within the City.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that the letter from the Land Committee, submitting a letter
from Mrs. B. Kashetsky accepting the City's offer for ~he purchase of property at 185 Rockland Road for the sum
of $65,000.00, be received and filed and authority be granted for the purchase of property at 185 Rockland Road
from Mrs. B. Kashetsky for the sum of $65,000.00, such property being required for the North/South Arterial.
Councillors Elliot, Wayne and Gould expressed their opposition to the price being paid for purchase
of the above property.
Question being kaken, the motion was carried with Councillors Elliot, Gould, Knibb, MacCallum and
Wayne voting "nay".
~02
."'ll
Land Committee
,
Margaret Doiron
'205 Rockland Rd
Land Committee
,
Saint John Tugboat Lt
Bayside Drive
,
Land Committee
Gerald R. Collins
100 Winslow St
,
Loyalist Days Inc.
,
Counc. Denton
,
Counc. Wayne
I.O.D.E. Saint John
,
.,'. Chapter
Fort Howe Blockhouse
furnishings
\
Irving Refinery
re taxation of crud
oil storage tanks
..
Harold E. Wright
'Partridge Island
Research Project
re rental of office
space
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, authority.be
granted for the purchase of property situate at 205 Rockland Road from Mrs. Margaret Doiron, for the s~
of $54,000.00, such property being required for construction of the North/South Arterial, and that Mrs.
Doiron be allowed to remove the items from the property as listed in the letter from the Committee, with
vacant possition to be as of the date of closing, and that the Mayor and Common Clerk be authorized to
execute any and all necessary documents with respect to this transaction.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the City of
Saint John pay to Saint John Tugboat Co. Ltd. the interest at 6% on the warehouse building negotiated for
in 1975 for $2,500.00, regarding the widening of Bayside Drive, and that the. City of Saint Johri carry out
the grading and paving work in front of the Saint John Tugboat Co. building to preserve an acceptable
access at a cost of $11,000.00, the said recommendation being conditional on obtaining a,proper release
from the Saint John Tugboat Co. Ltd.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in the lot situate at 100 Winslow Street (Lot 850, Guys Ward)
to Mr. Gerald R. Collins for the sum of $1,550.00.
Councillor Denton proposed a motion, which was seconded by Councillor Landers, that
on the agenda from Councillor Denton regarding Loyalist Days be referred for consideration in
of the Whole. The Mayor suggested that as this is a matter of public interest, it should not
in Committee of the.Whole. The proposed motion was thereupon withdrawn.
the letter
Commi ttee
be considered
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that the letter from CoUncillor Denton advising that now
that Loyalist Days 1980 are over, he feels now is the time to assess the success of this years events and
activities so that an even better Loyalist Days can be produced in 1981 arid he feels that the events and
festivities connected with this year's events were important, .but that the committee failed to create a
festal or mardi gras atmosphere in the uptown core of our City, and whether this was attributed to the
lack of vision on the part of the Loyalist Days Committee or partially by the fact that City Hall changed
the location of Loyalist Lane at the last, moment, is not for him to judge; and recommending that the City
Manager contact Loyalist Days Inc. so that a Councillor may be appointed to the Committee so a better
relationship can be formed between Council and the Loyalist Days Committee -- be received and filed and
the recommendation' adopted.
Lengthy discussion ensued regarding the 1980 Loyalist Days celebrations including the views of
several Council members on possible reasons for some events not being as successful as in past years, and
suggestions by individual Council members for future celebrations. During the discussion, the Mayor
assumed a seat at the Council table and expressed his views with regard to the said celebrations, and the
apparent lack of coverage by the news media of many of the events. He stated that contrary to remarks
which have been made, Loyalist Days activities and events have increased since the inception of this
annual celebration in the City.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne, advising that
on April 14th last Council considered a letter from the Saint John Municipal Chapter of the I.O.D.E.
regarding missing furniShings from the Fort Howe Blockhouse and that she has had 'discussions with the
City Manager as well as the Assistant City Manager, and up to the present time , they have been unable to
locate the articles in question -~ be received and filed and the City Manager take the proper action to
have a full investigation and report back'to Council within the next two weeks.
On motion of Councillor Landers
Seconded by Councillor MacCallum ,
RESOLVED that the Common Council express its strong objection
to the Premier and members of the Provincial Cabinet, to the recent action of the Provincial Government
in excluding the taxation of the crude oil storage tanks of the Irving Refinery, and 'that the City
request assurance from the Provincial Government that the said action will have no adverse effect on the
unconditional grant, or the City's portion of taxes on the said facilities.
Councillor Landers stated that he.was advised by the office of the Clerk of the Legislative
Assembly in Fredericton that the legislation recently enacted by the Provincial Government regarding this
matter applies to ,the assessment of the storage tanks, as well as the Provincial taxes on such facilities.
Mr. Barfoot stated it is his understanding that the storage tanks would be assessed and Municipal taxes
would be collected, however, no Provincial taxes would be collected, and that this legislation only
applies to tanks used for the storage of crude oil awaiting refining.
(Councillor Denton withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Harold E. Wright, requesting
that the charge being made by the City for 'space occupied 'by the Partridge Island Research Project at 49
Canterbury Street be reconsidered and that this space, or alternate space, 'be rented for the said Project
for a one-year period at a nominal charge with the rental to be reviewed in twelve months' time, be
referred to the City Manager for a report and recommendation.
.
1
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II""
,c,-cr
v
4tl3
. Atlantic NaEll
Horse Show
Grant
McKnight Motors
, Ltd.
re court action
I,
( Motion Lost)
I
.
I \Lord Beaverbroo
Rink Connnittee
of Citizens,
Inc.
Application to
Court of Queen'
Bench of N.B.
re professional
hockey
.
,Taxi Inspector
office moved
to eastern
Police Station
I re- zoning
-\ \ Lloyil. Paul
558 Bonita Ave
I
Cambridge Lease
'holds Ltd.
re- zoning for
seasonal fruit
& vegetable
stand
.
~
On motion of Councillor Wayne.".
Seconded by Councillor Gould
RESOLVED that the letter from Jane E. Larsen, Show Secretary of the
Atlantic National Horse Show, requesting a grant of $300.00 for the Junior classes of the Atlantic National
Exhibition Horse Show, be referred to the grants committee.
Read a letter from Mr. Alden W. MacKnight, President of MacKnight Motors Ltd. aSking that Council
further delay court action initiated against the firm so that they may more fully implement changes to the
appearance of their salvage yard to re-apply for re-zoning. Councillor Landers proposed a motion, which was not
seconded, that the request be denied.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the above letter from MacKnight Motors Ltd. be received and
filed and a further postponement of one month in the proceedings presently being taken by the City against
MacKnight Motors Limited be requested by the City.
(Councillor Denton re-entered the meeting)
Councillor Landers stated he will not support a further delay in the above matter as Mr. MacKnight is
not willing to further meet with staff regarding this property. Councillor Knibb stated that he,has been
advised by the By-Law Enforcement Officer that he is reasonably satisfied with the efforts Mr. MacKnight has
made regarding the unsightly premises action commenced by the City, which,is separate from the zoning infraction
as referred to in the above letter. He suggested that the City Solicitor in conjunction with the Commissioner
of Planning should be instructed to take some action, to ascertain if this operation can be made legal. Mr.
Rodgers reported that the action presently before the court is adjourned at the request of the solicitors for
both parties, and he stated he feels that in requesting a further adjournment of the case, the court should be
told the reason for the request is that progress is being made, however, he feels the court at some point will
be asking that the matter be proceeded with or that the matter be withdrawn. In reply to a query of Deputy
Mayor M. Vincent he advised that the City's position in the case should,not be prejudiced if a further adjournment
is requested. Councillor Wayne noted that Council previously requested a report from staff on where such an
operation might operate in the City of Saint John. During further lengthy discussion, Mr. Rodgers noted that
the letter being considered at this meeting does not state what progress is taking place, but specifically
requests a delay to permit the firm to re-apply for re-zoning, which is not reason to seek a further adjourn-
ment of the present action. He stated that the question of re-zoning is entirely in the hands of Council, and
he would strongly recommend that Council not put itself in such a position before the courts unless the City
can show that progress is being made.
Question being taken, the motion was lost with the Mayor and Councillors Denton, Elliot, Gould,
Landers and M. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the Common Council of the City of Saint John does hereby
authorize and approve the making of an application to the Court of Queen's Bench of New Brunswick, Trial
Division, for an Order conferring upon the Lord Beaverbrook Rink Committee of Citizens, Inc. established
p~rsuant to an agreement d~ted June 11th, 1960 between The Right Honourable William Ma~ell, Baron Beaverbrook,
P. C. and the City of Saint John the necessary power for the purpose of entering into transactions to permit
the Lord Beaverbrook Rink to be used for professional hockey, specifically to vary paragraph 3 of the original
agreement to allow the Lord Beaverbrook Rink to be used for professional hockey.
Councillor Wayne stated that Council has not yet agreed on the increase in monies to be expended to
renovate the Lord Beaverbrook Rink as discussed earlier this date by Council, nor has Council agreed to the
increased deficit required as the result of having professional hockey in the City, and therefore she feels the
above action is premature.
Question being taken, the motion was carried with Councillors Wayne and MacCallum voting "nay".
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the petition from taxi owners and operators requesting
that the office of the Taxi Inspector be moved from the twelfth floor of City Hall to the Eastern Police
Station, be laid on the table for three weeks for a report from staff.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the application from Mr. Lloyd Paul for re-zoning of
property at 558 Bonita Avenue be referred to the Planning Advisory Committee for a report and recommendation
and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that an item with respect to the request of Cambridge Leaseholds
Ltd. for an amendment to the agreement relating to the integrated zoning of the K-Mart Shopping Centre, Saint
JOrul West, to permit the erection of a seasonal vegetable and fruit stand, be added to the agenda and considered
at this time.
Question being taken, the motion was carried with Councillors Gould, Landers, MacCallum and M. Vincent
voting "nayH.
:~ On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the agreement with Cambridge Leaseholds Ltd. relating to
the integrated zoning for the K-Mart Shopping Centre, so-called, Saint John West, be amended to permit a
seasonal vegetable and fruit stand.
~04
""Il
Plan. Adv. Committee
\
Council meeting
week of Aug 4th
,
Waterloo Street
\ "no parking;' signs
re-zoning
'301 Sandy Point Rd
\Steeves Enterprises
Ltd
Plan. Adv. Committee
Zoning By-Law
Section 198(2) (c) :i
(ii); Section 209
re floor area for
home occupations
In reply to a query of Councillor Gould if a recommendation from the Planning Advisory Committee
is required in the above instance, Mr. Zides replied that he does not believe there is a standardized
formula regarding such requests, however, he feels this request should be examined as the stand would be
erected in the parking area of the shopping centre. .
On motion of Councillor Wayne
Seconded 'by Councillor M. Vincent
RESOLVED that the ,above request of Cambridge Leaseholds Ltd.
be referred to the Planning Advisory Committee for a report and recommendation.
Question being taken, the referral motion was carried.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that in view of the fact that Monday, August 4th is a
Provincial holiday, no Council meeting b~ held during the said week.
Question being taken, the motion was carried with Councillors Landers, MacCallum and A. Vincent
voting l'nay".
Councillor A. Vincent asked that staff report on the erection of "no parking "signs on Waterloo
Street in front of the 'Bank of Nova Scotia building.
'On motion
The meeting adjourned.
~"O"'
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
eighth day of Juiy, A. D. 1980, ,at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Green, Knibb, Landers, ~acCal~um,
A. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, F. Rodgers, City Solicitor,
D. Wilson, Deputy Commissioner of Finance, M.Zides, Commissioner
of Community Planning and Development, J. C. MacKinnon, Commissioner
of Engineering and Works, S. Armstrong, Deputy Commissioner of
Engfneering;,C. E. Nicolle, Director of Recreation and Parks,
J. Johnson, Building Inspector, N. MacNeil, Public Relations Manager,
and G. ,Soucy, Labour Relations Officer
Reverend E. Lloyd Lake of All Saints Anglican ChUrch offered a prayer which opened the meeting.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that minutes of the'meeting of Common Council, held on
July 21st last, be confirmed.
I'
, .
II
.
I
The Common Clerk advised that the necessary advertising was completed with respect to the
proposed re-zoning of property known as civic number 301 Sandy Point Road; identified as L.R.I.S. Number .
046565 and situated on the northeastern corner of Sandy Point Road and Jack Street, from "R-2" One- and
Two-Family Residential to "B-I" Local Business classification, to permit operation of a take-out restaurant
in conjunction with the present grocery store, as requested by Steeves Enterprises Ltd., and that no
written objections were received in this 'regard. No person was present with respect to the proposed re-
zoning.
Consideration was given to the letter from the Planning Advisory'Committee, dated July 22nd,
1980, which advises that the Committee requires more information regarding restrictions on driveway
locations which have been recommended by the Engineering and Works Department, and consequently, the
matter was tabled by the Committee until the next meeting on July 29th. The letter states that since the I
Common Council is scheduled to deal with the application at a public hearing scheduled for July 28th, the
Committee would request that a decision not be reached until the Planning Advisory Committee has had the-
opportunity to submit its report and recommendation.
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that the proposed re-zoning of property known as civic
number 301 Sandy Point Road (L.R.I:S. Number 046565) and situated on the northeastern corner of Sandy
Point Road and Jack Street, be laid on the table pending a report and recommendation from the Planning
Advisory Committee.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed re-zoning be received and filed.
I'
",'
The Common Clerk advised that the necessary advertising was completed with respect to amending
the Zoning By-Law by (1) amending Section 198(2)(c)(ii) to enlarge the floor area for home occupations in .
Section 198(1)(a); and (2) amending Section 209 to conform with the provisions of the Zoning and Subdivision
By-Laws, and that no written objections were received in this regard. No person was present with respect
to the proposed amendments. ,.
~
I""
405
.
Zoning By-Law
Amendment,
'I
I
. ,Petition
Osborne, Mario
,
Exmouth St
'Dilapidated
building
I
, Wil son, Leonard
'Saint John
Commercial
Fishermen's
Assoc.
.
I
R';>G. :,:ViJicent'
Kenneth Holt
'New System
Laundry &'
Cleaners
Traffic By- La
I
.
~
.which
Consideration was given to the letter from the Planning Advisory Committee, dated June 26th, 1980,
recommends the proposed amendments.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend 'the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns (1) amending Section 198(2)(c)(ii) to
read as follows: "(ii) 500 square feet for those occupations described in Paragraph (a) of Section 198(1) and
300 square feet for all other 'permitted occupations."; and (2) amending Section 209 by inserting the words "and
the Subdivision By-law" after the words "this By-'law" in line 6 -- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and AmendIDents Thereto", insofar as it concerns (1) amending Section 198(2)(c)(ii) to
read as follows: "(ii) 500 square feet for those occupations described in Paragraph (a) of Section 198(1) and
300 square feet for all other permitted occupations."; and (2) amending Section 209 by inserting the words "and
the Subdivision By-law" after the words "this By-law" in line 6 -- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
,and 'Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed amendments be received and filed.
'Mrs. Marion Osborne, 50 Exmouth Street, was present at the meeting representing residents of Exmouth
Street, regarding the burned and dilapidated building located at 48 Exmouth Street. Mrs. Osborne read from a
prepared brief regarding the efforts of the said residents to have something done about the hazardous condition
of the building in question, and noted that she has been advised by the Building Inspector that the owner has
applied for a building permit to repair the property. Considerable discussion ensued between the Council
members and Mrs. Osborne regarding the condition of the above property. During the discussion, Mr. Johnson
stated that the said building is secure and is not accessible to the public and should not be a public danger;
that the building is fire-,damaged on the inside, however it' is not over 50% damaged;the owner (Mr. Amerongen)
appears to have a real 'desire 'to improve the building, and R.R.A.P. funding should be available for this
building; that, in his opinion the building is;hot beyond repair and can be rehabilitated; the owner has complied
with ,theClBuilding' ,In'spec:t6r "s~ l'equest to board up the remaining windows; with regard to the actual time of
rehabilitation, the'owner applied ~or a building permit in July 'in the amount of $9,000.00, however, following
discussions, he, has now realized he must expend about $25,000.00 to rehabilitate the building; that it will
probably be a month before the owner could 'reasonable be expected to revise his plans in light of the"availability
of R.R.A.P. funding. Councillor A. Vincent asked if in the opinion of the Building Inspector, the building is
dangerous and dilapidated under the 1925 Building Act, and Mr. Johnson gave negative reply. Mrs. Osborne
stated she believes Mr. Gillespie of the Building Inspector's office took pictures of the inside of the property
and stated that he would report to the Building Inspector that the building was open to the public. She noted
that the residencts themselves were responsible for boarding up the building. The Mayor thanked Mrs. Osborne
for her presentation, and advised that Council will render a decision in this matter, later in the meeting.
Mr. Leonard Wilson, President of the Saint John Commercial Fishermen's Association, presented a
prepared brief regarding commercial fisheries in the Saint John area. The brief requests the assistance of the
Council in restoring a viable and productive fishery in the Saint John area. The brief refers to the ban of
sabnon fishing, the need for a freezer plant in the area, the problem of pollution which is detrimental to the
fishery, and asks that the Association have representation on any committees of the City concerning industry
and growth, pollution, and change. During discussion with the Council members following presentation of his
brief, Mr. Wilson advised that there are 65 fishermen in the Saint John Harbour area affected, and a total of
145 in Saint John County; at a meeting held in Fredericton last week with The Honourable Romeo LeBlanc, Federal
Minister of Fisheries, they received a commitment that there would be a salmon fishery in this area next year;
the Council could lend assistance in having a public wharf provided in' the Saint John Harbour area for the
local fishermen and the general public, possibly in an area beneath the Harbour Bridge; .that one of the main
needs of the fishery in Saint John is for a freezer facility. The Mayor thanked Mr. Wilson for his presentation
and advised that Council will render a decision in this regard, later in the meeting.
Mr. Robert G., Vin'cent, solicitor, and Mr. Kenneth Holt, President of New System Laundry and Cleaners
Limited, were present at the meeting regarding the proposed amendment to the Traffic By-Law,to change the
present "no parking" exemption governing that portion of the street directly in front of the company's premises
at 30 Lansdowne Avenue, which proposed amendment is to be considered by Council at this meeting.
Mr. Vincent stated that the Traffic By-Law enacted on September 6th, 1977 provided for no parking on
Lansdowne Avenue, from Main Street to 60 meters north of Metcalf Street, which included the area in front of
the New System premises; on June 26th, 1978 Council passed an exemption for this restriction for the New System
frontage, following a presentation made on behalf of the said New System Laundry and Cleaners Limited, and at
that time the City had just erected "no parking" signs in front of the said premises, even though the restriction
had been enacted in 1977. He noted'that in the ten-day period during which the said no parking signs were in
place, there was a drastic effect on his clients' business and he submits there is presently no problem with
the traffic flow in front of his clients' location on Lansdowne Avenue - this portion of Lansdowne Avenue is
very wide at this location and includes an extra lane in front of the laundry. He stated that if the restriction
is enacted, it will cause a serious business loss to his client and stated that the plant includes a customer
service delivery and pick-up depot which has been utilized by the citizens of Saint John and surrounding areas
for almost'sixty-five years and that this depot is the receiving and delivery center for a substantial portion
of the laundry and dry-cleaning processed by New System and is essential to the continued operation of this
company's business. Following the presentation by Mr. Vincent, Mr. Holt outlined the difficulties that the
proposed amendment would cause his business, noting that during the time of the previous restriction referred
to at this meeting by Mr. Vincent, his firm encountered a substantial loss of business of at least 25%, and if
the no parking regulation .is put into effect at this time, it will result in an immediate layoff at his firm of
from three to'five persons. Messrs. ,Vincent and Holt ,asked that Council remove the proposed no parking restric-
tion in front of the New System Laundry and Cleaners Limited premises on the east side of Lansdowne Avenue,
being an area of approximately 150 feet.
During ensuing discussion, Mr. MacKinnon advised that the ~ifth lane on Lansdowne Avenue in front of
40'6
"'11II
'D. Hatfield, Ltd
'Metro Const (1978)
Ltd.
,Chitticks (1962) Lt
'Parking Commission
'Market Square
Pedestrian crossing
Tenders accepted
\ Grove Const Ltd.
Demoli tion
,Prop: 273-275
Charlotte St
94-100 Queen"St
Ci ty Solicitor
Traffic By-Law
New System Laundry
& Cleaners Ltd.
Traffic By-Law
Petition
, Prop: 48 Exmouth
Dilapidated bldg
Marion Osborne
the New System Laundry property was constructed as a bus layby as part of the North End urban renewal
scheme, and when the previous Traffic By-Law amendment, as referred to earlier in the meeting by Mr.
Vincent, was presented to Council by staff, the recommendation at that time was that there should not be
parking on either side of Lansdowne Avenue, however, 'an exemption was made by Council at that time. He 4It
further advised that approximately 11,000 vehicles use Lansdowne Avenue daily and staff feels the regula-
tions should be, consistent by eliminating parking on both sides of Lansdowne Avenue, however, if Council
wishes to again include such an exemption, he would suggest that the remainder of the staff recommendation
be enacted.
The 'Mayor thanked Messrs. Vincent and Holt for their presentation and advised that Council
will render a decision, later in the meeting.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by
granted for payment of the following invoices, namely:-
D. Hatfield, Ltd. - Works Dept., equipment rental July
Metro Construction (1978) Ltd. - supply of asphalt July
Chitticks (1962) Ltd. - equipment rental July
the City Manager, authority be
$ 37,263.82
$ 59,680.52
'$ 5,219.20
1-15,
3-15,
1-15,
1980
1980
1980'
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, regarding a recommendation of the Parking Commission
that a.flashing light be installed at the pedestrian crosswalk on Dock Street at Market Square, advising
that in the very near future preliminary construction of the Market Square project should become a
reality and at that time, existing parking facilities will disappear and pedestrian activity will be
minimal or non-existent and staff feels that the installation of a flashing light at an approximate cost
of $3,500.00 would be an unwarranted expense for the short interim period; further advising that the
completed Market Square project will provide for a wider street with proper pedestrian crossing facilities
at grade and overhead; and recommending that no additional measures be taken at the pedestrian crosswalk
at Dock Street other than the continued surveillance by the Police Department ~- be received and filed
and the recommendation adopted.
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the low tenders
as submitted by Grove Construction Ltd., in the amount of $3,232.00 for aemolition of the building
located at 273-275 Charlotte Street, and $4,938.00 for demolition of the building located at 94-100
Queen Street, be accepted.
Consideration was given to a letter' from the City Solicitor submitting a proposed amendment to
the Traffic By-Law regarding parking regulations On Lansdowne and Wellesley Avenues, as requested by
Common Council resolution of July 14th last. Mr. McDermott suggested that section 1 of the proposed
amendment, which would prohibit parking 'on both sides' of LansdoWne Avenue; from Main Street to Visart
Street, be eliminated from the amendment, which would facilitate the request made at this meeting on
behalf of New System Laundry and Cleaners Liinit"ed, that the no parking restr1ction be exempted on that
portion of the east side of Lansdowne Avenue which fronts the premises presently occupied by the said
firm.
On motion of Councillor Landers
Seconded by Councillor A.' Vincent
RESOLVED that the above' letter" from the' City Solicitor be
received and filed, and that section 1 of the' proposed amendment to the Traffic' By~Law be deleted.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled,' "A By-Law to Amend A By-
Law Respecting Traffic" On Streets in the City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973, and Amendments Thereto", be read a first time.
Read 'a first time the by-law entitled,' "A By-Law to Amend A By-Law Respecting Traffic On
Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments
Thereto" .
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law
Respecting Traffic On Streets in the City of Saint John Made Under the Authority of the Motor Vehicle
Act, 1973, and Amendments Thereto", be read a second time.
Read a second time the by-'-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On
Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments
Thereto" .
On motion of Councillor Landers'
Seconded by Councillor Wayne
RESOLVED that the petition presented at this meeting on behalf of
residents of Exmouth Street, regarding the condition of property located at 48 Exmouth Street, be referred
St to the City Manager for a complete report at the next Council meeting.
The Mayor advised the delegation present regarding the above matter that a complete report
will be submitted to Council at the next"meeting, including consideration of the recommendations of the
Fire Department as referred to by Mrs. Osborne, the apparent difference of opinion between the Building
Inspector and the Assistant Building Inspector regarding the condition of the said building, and that
Council will ask for increased Police surveillance of the building.
.'1
II
.
I
.
I
I
.
~
P""
~l07
\
. Munidpal Plan
By-Law Amend-
ment
I
Zoning By-Law
, Amendment
re-zoning
I
re-zoning
conditions
.
, Grants
,Canada Summer
.
Games Com.
I Dickie, Patricia
Canadian_Inter~'
,Provincial:High
land' Dancing
Championships'"
;'ijMa"'Gkfet S']'n~laT"'e Cor
c ~an~'H eeC!,
'- ta or ' .
, eln ar t"" HA
~n~ent, lVi. .
lIlomlnatJ.ng Com.
~CBunc. M.GVlucent
, enton, auld.
, Lord' Beaverbrook
Rink
.
I
- (motion lost)
I
.
~
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify property comprising .approximately 9.5 acres, located on the southerly side of Loch Lomond Road
at the intersection of Hickey Road, and identified as L.R.I.S. Number 313072 and part of L.R.I.S. Number
426486, from Low Density Residential to District Centre Commercial, be read a third time and enacted and the
Corporate Common Seal affixed thereto.
The by':'law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the Zoning Map
of the City of Saint John, by re-zoning property comprising approximately 9.5 acres, located on the southerly
side of Loch Lomond Road at the intersection of Hickey Road, and identified as L.R.I.S. Number 313072 and part
of L.R.I.S. Number 426486, from "RS-2" One- and Two-Family Residential to "sc" Shopping Center classification,
be read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that as recommended by the Planning Advisory Committee, such re-zoning be subject to an
agreement pursuant to Section 39 of the Community Planning Act setting out details of the development and
appropriate requirements, including the following: (1) the proposed grocery store shall be restricted to a co-
operative establishment; and (2) the size of the shopping centre shall be restricted to a maximum gross leasable
floor area of 75,000 square feet.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and ,Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Read 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 begs leave to report that it sat on July 21st, 1980, when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, M. Vincent, A. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
1. That the amount of $5,000.00 be made available to the 1985 Canada Summer Games Commit~ee to be used
for ongoing expenses of the Committee.
2. That as recommended by the Recreation and Parks Advisory Board, the request from Mrs. Patricia
Dickie, 1980 Provincial organizer for the Canadian Inter-Provincial Highland Dancing Championships, for
financial assistance regarding attendance at the said championships in Calgary, Alberta, be denied.
3.
. Nancy
,
That Messrs. Thomas McGloan, Harold Stafford and Henry Meinhardt, Deputy Mayor M. Vincent, and Mrs.
Teed be appointed to the Board of Directors of the Market Square Corporation.
4.
That Councillors M. Vincent, Denton and Gould be appointed to the Nominating Committee.
5. That Council authorize capital expenditures for the Lord Beaverbrook Rink in an amount not exceeding
$200,000.00, which amount includes the sum of $105,000.00 as approved by Common Council resolution of July
7th, 1980.
Saint John, N. B.,
28th July, 1980.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that section 1 of the above report be adopted.
Question being taken, the motion was carried with Councillor Landers voting "nay", stating that
while he is not against the Summer Games, Council has not determined a priority of major projects to be
undertaken in the City.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that section 2 of the above report be adopted.
Question being taken, the motion was lost with the Mayor and Councillors Green, Knibb, MacCallum, A.
Vincent and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above request for financial assistance be referred
back to the grants committee for re-consideration.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that section 3 of the above report be adopted.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
408
~
Land Committee
Prop., 24 Barker St
'Breen, Mrs. Dorothy
Arterial, North/Sout
'-
Land Committee
Prop., 179 Rodney St
'Legacy, Mr. Alphonse
Land Committee
'Prop., 141 Rodney St
,Lord, Mr. George
Land Committee
Prop., 114 Winslow St
\Langille, Mr. V. W.
,Land Committee
Expropriation
Prop., 314 Greenhead
Rd
~otton, Mr. GeorgeE.
,Church Ave Overpass
Land Committee
\
Expropriation
Prop., 170 Church Ave
'Hawkes, Mr. Roy S.
.Church Ave Overpass
\ Land Committee
Expropriation
178 Church Ave
,Sprague, Leslie &
Hilda
'Church Ave Overpass
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that section 4 of the above report be adopted.
.
Question being taken, the motion was carried with Councillors Elliot, MacCallum and Wayne
voting "nay".
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 5 of the above report be adopted.
Councillor Landers suggested that the above motion should be amended to be subject to approval I'
being given by the Supreme Court on the present application fOr variance of the trust regarding the Lord
Beaverbrook Rink. In ensuing discussion, Mr. Rodgers stated the recommendation should be considered
separate and apart from the application before the courts, as he believes the recommendation would have
been before Council regardless of the said application. Councillor Knibb stated that assurance should be
given that the monies will not be expended unless a professional hockey team locates in Saint John.
Question being taken, the motion was carried with Councillors MacCallum, A. Vincent and Wayne
voting "nayll.
'I
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the property
situate at 24 Barker Street be purchased from Mrs. Dorothy Breen for the sum of $26,500.00, with vacant
possession to be ,as of the date of closing, and that the Mayor and Common Clerk be authorized to execute
any and all documents with respect to this transaction, such property being required for construction of
the North/South Arterial.
Councillor Wayne questioned how the purchase
it is above the formula used in previous purchases for
expropriation should be considered.
price for the above property was reached, as feels .
this project. She suggested that in such instances,
Question being taken, the motion was carried with Councillors ,MacCallum and Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that, as recommended by ,the Land Committee, authority be
granted for sale of the freehold interest in the lot situate at 179 Rodney Street (Lot 832, Guys Ward) to
Mr. Alphonse Legacy, for the sum of $1,200.00.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in the lot situate at 141 Rodney Street (Lot 837, Guys Ward) to
Mr. George Lord, for the sum of $1,850.00.
I
On motion of Councillor Green
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in the lot situate ,at ,114 Winslow Street (Lot 852, Guys Ward)
to Mr. V. W. Langille, for the sum of $2,450.00.
Councillor Elliot suggested that the present policy of setting a purchase price when sale of
freehold interests in properties are being considered, should be reviewed, and possiblY,this could be
included in a report previously requested from the City Manager regarding'all City-owned properties in ...
the City.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, expropriation
procedures be commenced immediately to acquire approximately 580 square fe~t of the property situate at
314 Greenhead Road, owned by Mr. George E. ,Totton, such property being required for construction of the
Church Avenue Overpass.
I
QuestioJ;l being taken, the motion was carried with C<;:mllcillor Gr~en voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, expropriation
procedures be commenced immediately to acquire approximately 5,964 square feet of the property situate at
170 Church Avenue, owned by Mr. Roy S. Hawkes, such property being required for construction of the
Church Avenue Overpass.
I
Question being taken, the ~otion was carried with C01p1cillors Denton and Green voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, expropriation
procedures be commenced immediately to acquire approximately 1,490 square feet of the property situate at
178 Church Avenue, owned by Leslie and Hilda Sprague, such property being required for construction of
the Church Avenue Overpass.
.
Question being taken, the motion was carried with Councillor Green voting "nay".
~
I'"
.409
Land Committee
'Expropriation
.,prop. 174 Chur h
Ave
'Magee, Mr. J.T
Church Ave.
, Overpass
Warshick, Brian
, Petition
I
Saint John Tran
, sit Comm
New Brunswick
\ Construction
Association
,Counc. A. Vincen
I
Re~zoning
'Gogan, Stephen
~Prop: Gault. Rd
Re-.zoning
Moosehead
" Breweries Ltd
Re-zoning
I \MacKnight Motor
Ltd
Prop:Ashburn
, Lake Rd
.
I
re-zoning
condi ti ons
I
"City Solicitor
.
Barking dog
, Watson, Mr & Mr
.....
On motion of'Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, expropriation pro-
cedures be commenced immediately to acquire approximately 2~418 square feet of the property situate at 174
Church Avenue, owned by Mr. John T. Magee, such property being.required for construction of the Church Avenue
Overpass.
Councillor Elliot stated he had been approached by Mr. Brian Warshick following the last Council
meeting, stating that he wished to present a petition to Council regarding parking on Paddock Street, and that
he understands from the Common Clerk that no brief has been presented for consideration of Council at this
meeting.
Read a letter from Councillor A. Vincent requesting that Common Council suggest to the Saint John
Transit Commission that plans and specifications for the proposed new terminal on Fairville Boulevard be
forwarded to the New Brunswick Construction Association centres so that they may be available for various sub-
trades. The letter states that Councillor A., Vincent understands that there is a charge for the plans and
specifications with no refund when they are returned which would therefore preclude some trades from tendering
if they were not made available to them through the above-mentioned centres.
During discussion regarding the above matter, Councillor Wayne, a member of the Transit Commission,
advised that the specifications have been forwarded to the Construction Association office in Saint John, as
requested at the last Committee of the Whole meeting by Councillor A. Vincent, and that she will take the
request that such specifications be placed in the Fredericton and Moncton offices, to the Transit Commission
meeting tomorrow. She further stated that regarding the deposit on the plans, she will have this matter inves-
tigated and any amounts so paid, will be returned upon the plans being returned to the General Manager.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the application from Mr. Stephen Gogan for re-zoning of
property located on the Gault Road, be referred to the Planning Advisory Committee for a report and recommenda-
tion and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the application from Moosehead Breweries Limited, submitted
by Messrs. Palmer, O'Connell, Leger, Turnbull & Turnbull, for re-zoning of property situate in Saint John West,
be referred to the Planning Advisory Committee for a report and recommendation and that authority be granted
for the necessary advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from Mr. Alden W. MacKnight, President of
MacKnight Motors Ltd., applying to have property on the Ashburn Lake Road re-zoned for industrial use, and
advising that they now agree to accept all of the recommendations.of'the Planning Advisory Committee in regard
to there-zoning, and further advise ,that their performance bond in this regard has been on deposit at City
Hall since the fall of last year, and although all of the planned changes and improvements have not as yet been
completed, they have accomplished a great deal toward achieving each of the other recommendations made by the
Planning Advisory Committee, be referred to the Planning Advisory Committee for a'report and recommendation and
that authority be granted for the necessary advertising in this regard.
Councillor Landers inquired if the above action will have any effect on the present proceedings being
undertaken by the City before the courts under Section 94 of the Community Planning Act regarding the property
in question. Mr. Rodgers replied there are presently two matters before the courts - one is the question of an
order under Section 94 pertaining to the Zoning By-Law, and the other action is under the Unsightly Premises
By-Law; with particular reference to the application for an order under Section 94, the application by MacKnight'
for re-zoning is obviously properly before Council, however, the consideration of re-zoning from an evidentiary
point of view is not the type of evidence you would want when the case is dealt with.
On motion of Councillor Landers
Seconded by Councillor Denton
'RESOLVED that the above matter be laid 'on the table until the legal
proceedings under Section 94 of the Community Planning Act are completed.
Question being taken, the tabling motion was lost with the Mayor and Councillors Elliot, Knibb,
MacCallum, A. Vincent and Wayne voting "nay".
Councillor Wayne noted that Mr. MacKnight now accepts all previous recommendations of the Planning
Advisory Committee and is willing to abide by such conditions. Councillor A. Vincent asked if an adjournment
under Section 94 should be sought in view of the present re-zoning application. Councillor Landers stated that
at the last meeting of CoUncil, a proposed resolution to seek an adjourment of the proceedings was defeated and
he suggested that such a resolution should not be permitted to be considered at this meeting. Mr. Rodgers
stated that if the above proposed resolution is adopted, he would suggest that Council should request an
adjournment of the case before the courts until the public hearing is held by Council regarding the present
zoning application.
Question being taken, the motion was carried with Councillors Denton and Landers voting "nay".
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the City Solicitor be requested to seek an adjourment
of the hearing of the application for an order under Section 94 of the Community Planning Act, until after the
public hearing is held by Council regarding the present application of MacKnight Motors Ltd. for re-zoning of
property on Ashburn Lake Road.
Question being taken, the motion was carried with Councillors Denton and Landers voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mrs. and Mrs. Alden Watson, 219 Westmorland
Road, regarding a problem with a dog in their area, be referred to the City Manager for discussion with the
City Solicitor, and appropriate action.
410
'IIIll
'Teed, Eric L,
Market Action
, mi ttee
Peddlers
Q.C.
Com""'~;:
, Saint John Transit
Commission
Appointments
'Clark, George T
,Wayne, Elsie
,Saint John Com-
mercial Fishermen~
Association
Water & sewer Rates
Study
\
Currie, Coopers &
Lybrand Ltd
Study
LEGAL
SEESSION
\
Metro Con (1978)
'Carvell Pit
,
Counc. Wayne
On motion of Councillor Landers
Seconded by Councillor Denton
,-~ RESOLVED that the letter from Mr. Eric L. Teed, Q.C., regarding
recent Council discussion concerning the control of peddlers in the City, be received and filed and a
copy be forwarded to the Market Action Committee.
On motion of Councillor Denton
Seconded by Councillor MacCallum
RESOLVED that Mr. George T. Clark and Councillor Elsie Wayne
be re-appointed to the Saint John Transit Commission for a term of three years from July 1st, 1980.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the brief presented at this meeting by Mr. Leonard
Wilson, President of the Saint John Commercial Fishermen's Association, be received and filed and Mr.
Wilson be advised that the Council will discuss the matters contained in his brief with the proper
authorities at the Provincial and Federal levels, at meetings scheduled to be held with the said govern-
ments.
Councillor A. Vincent' asked that a copy of the said brie~ be also forwarded to the City's
Unity Committee.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that an item with respect to the engaging of consul-
tants to undertake a water and sewer rate study be added to the agenda and considered at this time.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by. the City Manager and Deputy
Commissioner of Finance, the firm o~ Currie, Coopers and Lybrand Ltd. be engaged to. undertake the water
and sewer rate study, at a cost not exceeding $22,900.00, with such costs including all out-of-pocket
expenses.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
Preceding the regular meeting, the Council met in Legal Session when there were present Mayor
Lockhart and Councillors Denton, Elliot, Knibb, Landers, MacCallum, A. Vincent and Wayne.
Ltd
Read a letter from the City Solicitor, dated July 25th, 1980 advising that on April 28th last
Council accepted the recommendation of the City Manager to seek. an Order.from the Queen's Bench restraining
Metro Construction (1978) Ltd. from the continuation or repetition of. excavating at the Carvell Pit on
Manawagonish Road until the owner, Jos. A. Likely has obtained an excavation permit as required by the
Zoning By-Law and on April 29th last Council'was advised 'that Metro Construction had ceased excavating
at the pit, pursuant to the terms of a Stop Work Order, and the Council then adopted a resolution' that
the City Manager take the necessary steps to have the Carvell'pit On Manawagonish Road rehabilitated to
the required specifications. The letter advises that the rehabilitation required of.a gravel pit is
described in the rehabilitation plan which must accompany every application and which forms an integral
part of the permit itself; that the Building Inspector's office has advised that the last permit issued
to the owner, Jos. A. Likely Limited for this pit occurred in 1979 and that no rehabilitation of the pit
has occurred, however, the rehabilitation plan showing the necessary rehabilitation and the sequence in
which it was to occur cannot be located in the Inspection Department - in, short, the City cannot ask the
Court to enforce rehabilitation if we cannot accUrately describe the extent and manner of the required
rehabilitation; on the question of the excavation causing subsidence to adjacent property; the Inspection
Department has advised that the excavation did not take place as close as previously indicated and a
dangerous situation was not created. The letter advises that it came' to the attention of the Legal
Department several days ago that the Inspection Department had investigated recent activity in ,the pit,
however, they have been informed that no operation was taking'place when the inspection was carried out,
and the inspectors have been advised from an evidentiary point of view that inspections should be
carried out at any time and not just during normal business hours if there are reasonable grounds to
believe that the operation is taking place illegally.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding the
above matter, be withdrawn from the open session of Council to be held this date, and considered in
legal session.
Considerable discussion ensued regarding the above matter, during which it was noted that Mr.
S. Lodhi was Building Inspector during the time of submission of the rehabilitation plan referred to in
the above letter from the City Solicitor.
On motion of Councillor Wayne
.
I
(I
.
I
.
I
Seconded by Councillor MacCallum I
RESOLVED that the above letter from the City Solicitor be laid
on the table for two weeks, pending information on the rehabilitation plan referred to in the said
letter.
Question being taken, the tabling motion was carried.
On motion
The meeting adjourned.
~"
Clerk
.
~
,...
.
I
I
N. B. Task Forc
on Amateur
\ Sport
.
Quebec Nordi-_
" ques
I
Re-zoning
Saint John
"Regional
Hospital
Prop: Universit
Ave.
.
I
I\C.N.I.B.
Wise Owl Club
, of Canada
~David Shephard
~Mainstem Syste
"Fleet Mainten;
ance System
....
~11
a ommon OunCl, e a e 1 y a , In
August, A. D.1980, at 7.00 o'clock p.m.
e 1 Y 0
a n
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, M. Zides, Commissioner of Community Planning
and Development, M. Winch, Deputy Commissioner of Community Planning,
J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong,
Deputy Commissioner of Engineering, J. Gabriel, Deputy Commissioner of
Works, C. E. Nicolle, Director of Recreation and Parks, J. Johnson,
Building Inspector, D. French, Director of Personnel, J. F. Ross, Chief
of Police, G. Soucy, Labour Relations Officer, N. MacNeil, Public
Relations Manager, and R. Thompson, Chief of Rehabilitation Services
Reverend David Genge of St. George's Anglican Church offered a prayer which opened the meeting.
On motion of Councillor Gould
Seconded by Councillor Wayne ~
RESOLVED that minutes of the meeting of Common Council, held on July 28th
last, be confirmed.
The Mayor advised that a copy of, the report of the New Brunswick Task Force on Amateur Sport has been
received and will be forwarded to City staff for study.
At this time the Mayor read a prepared statement regarding a meeting he had in Quebec City last
Thursday to investigate the possibility of the City hosting the Quebec Nordiques professional hockey team in one
of the City's arenas. He stated that at that time the executive committee of the Nordiques indicated they were
still interested in locating in Saint John provided a minimum number of seats could be made available by the
City. He reported on investigations carried out by staff regarding the possibility of extending the Simonds
Centennial Arena in this regard', and stated that an estimate ~f $191,000.00 has been prepared by The Rocca
Group, which does not include electrical, refrigeration, plumbing, heating, air conditioning, and other work,
estimated at a further $50,000.00 to $75,000.00, and it was therefore his recommendation to Committee of the
Whole this date that the,proposal appeared to be beyond a reasonable cost-benefit relationship. He acknowledged
the tremendous work that has been done by the members of the Citizens Committee of the Lord Beaverbrook Rink, as
well as the many organizations and individuals who indicated their support in having the Quebec Nordiques locate
in the City of Saint John. He stated that the efforts of many people in attempting to attain this goal have
clearly demonstrated there is strong and growing support among the citizens for an A.H.L. franchise in the City,
and that Saint John can attract a major, reputable tenant for the proposed multi-purpose sportsplex.
(Deputy Mayor M. Vincent entered the meeting)
The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-
zoning of the site of the Regional Hospital now under construction off University Avenue, from "p" Park to "IL-
2" Major Institutional classification, and that no written objections were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated July 30th, 1980,
advising that since Hospital officials were unable to be present at the last Committee meeting they requested
that the Committee table the application until the next meeting, and in view of the fact that the Committee's
next meeting is scheduled for the day after the public hearing scheduled by Council, the,Committee requests that
a decision not be reached until the Planning Advisory Committee has had the opportunity to submit its report and
recommendations.
Mr. Hugh McLellan, solicitor, was present at the meeting on behalf of the Regional Hospital, and noted
that the proposed re-zoning will bring the hospital site in conformity with the present Zoning By-Law, and that
it may be necessary for a subsequent amendment to the By-Law to reflect the exact intent with respect to the
medical arts facility, or it may be possible to arrange this with the Planning Advisory Committee at a future
time.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the proposed re-zoning of the site of the Regional Hospital
now under construction off University Avenue, be laid on the table pending a report and'recommendation from the
'Planning Advisory Committee.
Question being taken, the tabling motion was carried with Councillor Gould voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed re-zoning be received and filed.
Mr. Pius Gardner of the Canadian National Institute for the Blind presented the City with a Charter of
Membership into the Wise Owl Club of Canada which is a program sponsored by C.N.I.B. to promote eye safety in
industry. He noted that this presentation is being made to the City as employer of Mr. David Shephard, who
saved the sight of his eye on June 6th of this year by wearing the proper protective safety glasses. At this
time Mr. Gardner presented Mr. Shephard with a citation in the said Wise Owl Club. The Mayor expressed the
City's appreciation to Mr. Gardner for the said presentations.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as recommended in the joint report from the City Manager,
Commissioner of Engineering and Works, and Deputy Commissioner of Works, Common Council approve funds up to
$20,000.00 to purchase the Mainstem System regarding the Fleet Maintenance System for the Engineering and Works
Department, for a one-year period, and that the Mayor and Common Clerk be authorized to execute the submitted
agreement in this regard.
On motion of Councillor Elliot
Seconded by Councillor Denton:
RESOLVED that the City Manager be re~ue~ted to ~nve~t~g~te ~nd report to
4t2
\
Metro Con (1978) Ltd
~
Council on the possible extenslon 0 the
ee
aln enance ys em 0 lnc u e ren a equlpmen.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that as
granted for payment of the following invoice, namely:-
Metro Construction (1978) Limited - supply of asphalt
.
recommended by the City Manager, authority be
July 17-23, 1980
$ 24,056.17
,
Asphalt Cold-Mix PIa t Councillor Wayne stated she has been told there are problems at the asphalt plant with the
blending of the asphalt and that she reported this matter to the City Manager who was to have it investi-
gated by A.D.I. Ltd., the City's inspectors at the site. She stated that she visited the plant this date I'
and that she found out that since June 2nd,problems have been encountered; that they have letters on file
to the company in this regard; and that she has been told by staff at the plant that they have a lack of
co-operation with the company, and are having problems with two different blends of gravel being used.
(motion tabled)
\ McCormick, . Mr. 'A. N.
Fence
, Salvage Corps
'McAllister, Michael
'Harris, Walter J
"Pipes, John H.
'Tender accepted
'M. 1. T. Sales Ltd
Beach Crescent Lift
, Station
,
Hydro Dynamics Ltd
Traffic problems
Tim Horton Donut
\
Metro Con. (1978) Lt
,
Asphalt Cold-mix
Plant
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that payment of the above invoice be laid on the table
pending a full report from the City Manager at the next meeting of Council on the problems being encountered
at the asphalt plant.
I
Question being taken, the tabling motion was carried with the Mayor and Councillors Denton,
Landers and A. Vincent voting "nay".
In reply to a query of Councillor A. Vincent, Mr. McDermott stated that the City employs A.D.I.
on site to carry out testing of the asphalt at reasonable random intervals, and the results ,of such testing
are given to the Engineering and Works Department. Councillor Elliot suggested that if there was a
problem regarding the asphalt blend, this information should have been communicated to Council immediately.
On motion of Councillor Gould
.
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding the
request from Mr. A. V. McCormick, 104 Cranston Avenue, owner of property at 66 'Spruce Avenue at the corner
of Spruce Avenue and Second Street, that the City permit him to extend a fence approximately 12 feet on
Second Street to the City's property, recommending that the request not be granted for the reasons out-
lined in the submitted report from the Building Inspector, be received and filed and the recommendation
adopted, and that Mr. McCormick be advised to submit his request to the Land Committee.
On motion of Councillor Gould
Seconded by Councillor ,Green
RESOLVED that the letter from the City Manager and Fire Chief,
requesting that warrants be issued to Messrs. Michael Morton McAllister, Walter John Harris, and John
H. B. Pipes, newly-elected members of No.1 Company Salvage Corps and Fire Police, be received and filed
and the request acceded to.
I
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended by the,City Manager, the tender of
M.I.T. Sales Ltd., in the amount of $25,029.86, be accepted for the supply of pumps and motors for the
Beach Crescent Lift Station, and that the Mayor and Common Clerk be authorized to execute the contract in
this regard.
Seconded by Councillor Denton
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, with regard to items considered at Council's meetings of
April 14th and May 5th last respecting vehicular and pedestrian traffic at Simms Corner, advising that the
traffic problem at the Tim Horton Donut outlet has been resolved with curbing and the installation of a
proper driveway at the upper portion of the Lancaster Avenue frontage; regarding the pedestrian,activity
at the intersection, a request was made to investigate the possibility of relocating the pedestrian
crosswalk signs from the .inside.of the sidewalk to the curb side, and. this measure is not feasible because
the signs would be subject to collisions by vehicles and possibly by pedestrians and their visibility
would be further reduced by a parked bus or by a truck waiting to merge into the traffic stream; further
advising that staff recognizes the fact that Simms Corner does present a challenge to both vehicular and
pedestrian traffic and normal measures, such as safety islands or alternate locations for crosswalks and
bus stops cannot be used because of restricted street widths and alignments, and when one considers all
the restrictions and constrictions, and the free movement of traffic, the intersection functions relatively
well, and pavement markings and existing"controls are placed for maximum visibility and effectiveness
under these conditions -- be received and filed.
I
I
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoice, namely:-
Metro Construction (1978) Ltd. - supply of asphalt July 24-August 5, 1980 $ 68,620.83
Deputy Mayor M. Vincent asked if there have been problems at the asphalt plant with the mixing
and batches which did not meet the City's requirements, as indicated in comments earlier in this meeting
by Councillor Wayne. Mr. MacKinnon advised that there have been some difficulties as there have been in 4It
other years with asphalt products, which is why five or six years ago a consultant was employed by the
City to check the product. He stated that there have been problems and there are letters on file, and
action has resulted - specifically, there is a problem with the blending sand between the City's require-
ment and the Provincial Government's requirement which he outlined'for the information of Council, and
from time to time there has been a problem with the volume of liquid, and that the particular problems are
being solved. In reply to a query of Councillor Landers, he stated there have been problems this 'year,
~
,....
413
.
I, (motion
1 os t)
I
'Tender contract
\ Sewers
4iJJOhnSOn Con. Lt
'Dilapidated bId
Prop. 48 Exmout
I
'RpR.A.P.
rogram
, C.M.H.C.
.
I
"Taxi By-Law
I
Tender accepted
, .
Prop. 41 Canon
'Paul's Trucking
. Parking
.regulations
"Wellesley Ave
, Wm. McK~el
,Traffic By-Law
....
but they are not problems that the City, has not had any other time, and that A.D.L Ltd., the City's consultant
'at the asphalt plant site report to his Department, which in turn deal with the supplier. He stated there
'have been probably ten loads rejected, for which the City is not charged. Mr. MacKinnon outlined when the
testing procedure occurs and the City's recourse is if the material is not found acceptable it is rejected.
Councillor Gould asked how long it takes to test the asphalt material, and Mr. MacKinnon replied he would have
to obtain this information.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending a report
from the City Manager.
Question being taken, the tabling motion was lost with the Mayor and Councillors Denton, Green,
Landers and A. Vincent voting "nay".
In reply to a query of Councillor Green, Mr. MacKinnon stated that any material for which the City is
paying for is material which has been used; payment is not being made for any material which has been rejected.
Question being taken, the original motion was lost with Councillors Elliot, Gould, MacCallum, M.
Vincent and Wayne voting "nay".
Councillor M. Vincent asked that staff supply the requested report to Council at the next meeting,
and that consideration also be given at that time to the two invoices for asphalt which were not approved at
,this meeting.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the contract for Glen
Road and Main Street sewer construction and Grandview Avenue storm sewer and road construction be awarded to
the low tenderer, Johnson Construction Limited, in the amount of $75,313.00.
Regarding the time element for the commencement of the sewer construction on Glen Road, Mr. MacKinnon
stated he would have this information available for the information of Council at the next meeting.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager regarding the petition
presented at the Council meeting of July 28th with respect ,to the condition of property located at 48 Exmouth
Street, submitting reports from the Building Inspector and Fire Department regarding this property, and recom-
mending that no action be taken to demolish the building at 48 Exmouth Street at this time, be received and
filed.
Councillor A. Vincent enquired how long it will be before the owner of the above property will
commence the required repairs. In ensuing discussion, Mr. Johnson advised that he feels that the owner would
probably be repairing the building sometime in the month of December, and that most of the required work is
interior repairs. He stated that although the condition of the building is deteriorating, in his opinion it is
not dangerous or dilapidated. Councillor Elliot asked that the.Building Inspector ensure that this building
remains secured pending repairs. Mr. Johnson stated that he was advised by the Fire Department that daily
checks were made of this building, and it was never found open.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the joint report from the City Manager and Commissioner of
Community Planning 'and Development, advising,that the Housing and Renewal Services Branch has been advised by
Canada Mortgage and Housing Corporation that the City's application for the designation of the Central Area of
the City as a Residential Rehabilitation Assistance Program area has been approved; ,submitting background
material on R.R.A.P. and the Central Area designation from Mr. Ray E. Thompson, Chief of Rehabilitation Services; !
and recommending that Common Council approve of the designation of the Central Area for R.R.A.P. purposes and
advise the local Branch Office of Canada Mortgage and Housing Corporation in time for the August 18th, 1980
date given by the Corporation -- be received and filed and the recommendation adopted.
Councillor Wayne referred to the older section of Rockland Road which was not included when the North
End area was designated for R.R.A.P. funding, and has not been included in the area now being designated for
such funding. Mr. Thompson replied that the said area has not been included to date because of the uncertainty
of the area. He referred to a letter included in his report to Council which is the viewpoint of Planning
insofar as there is going to be an overpass from the Wall Street overpass, and also due to ,the fact there is a
possible land assembly program to be carried out in the area. He stated that the consultants undertaking the
Valley Corridor study have almost assured staff that one of their recommendations will be that the balance of
the properties will be designated in a R.R.A.P. area next year.
(Deputy Mayor M. Vincent withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the matter of proposed amendments to the Taxi By-Law,
which was to be reported at this meeting by the City Manager, be laid on the table for one week.
Question being taken, the tabling motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of Paul's
Trucking & Demolition Co. Ltd., in the amount of $5,350.00 for demolition of the building located at 41 Canon
Street, and the tender of Grove Construction Ltd., in the amount of $3,363.00 for demolition of the building
located at 272 Rockland Road, be accepted, being the lowest tenders received.
Copies of a letter from Mr. William McKiel, 28 Wellesley Avenue, advising that the residents of
Wellesley Avenue take strong objection to the recommendation of City sta~f to eliminate parking on Wellesley
Avenue and respectfully request that the recommendation be denied, or that third reading be tabled until
argument can be prepared for presentation before Council, were distributed to the Council members at this time.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that third re~ding of the Propo~ed ~en~ent to the Traffic
414
""Il
Zoning By-Law
Re-zonmng
Steeves Enterprises
" Ltd
Prop,: SaJ1dy I'~ Rd
re-zoning
conditions
Zoning By-Law
\re-zoning
Prop: 301 Sandy Pt
Rd.
re-zoning
Zoning By-Law
, Prop: 301 Sandy Pt
Rd
'Steeves Enterprise
Ltd.
,
Dominion Stores Ltd
garden patch
By-Law be laid on the table until the next meeting.
Question being taken, the tabling motion was carried.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns (1) amending Section
198(2)(c)(ii) to read as follows: "(ii) 500 square feet for those occupations described in Paragraph (a)
of Section 198(1) and 300 square feet for all other permitted occupations."; and (2) amending Section
209 by inserting the words "and the Subdivision By-law" after the words "this By-law" in line 6 -- be
read a third time and enacted and the Corporate Common Seal affixed thereto. \
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee
regarding the application of Steeves Enterprises Limited for re-zoning of property on Sandy Point Road
to permit operation of a take-out restaurant in conjunction with the present grocery store, which matter
had been tabled at Council's' July 28th meeting, recommending that Common Couhcil re-zone the subject
property from "R-2" One- and Two-Family Residential to "B-1" Local Business classification, subject to a
resolution of Common Council pursuant to Section 39 of the Community Planning Act providing for the
following: (1) the use of the site be restricted to a grocery store, a take-out restaurant and a lunch
counter; and (2) that no building permit be issued for a 'new building or an expansion to the existing
building until the applicant has received the approval of the Commissioner of Engineering and Works and
the Deputy Commissioner of Community Planning to a site plan indicating: (a) driveways and parking
areas; (b) landscaping; and (c) site grading -- be received and filed and the recommendation adopted.
.
I
I
Councillor Elliot asked if Council could have assurance that follow-up is taking place when
conditions are placed on re-zonings under Section 39 of the Community Planning Act. Mr. Zides stated it .
should be possible to have closer surveillance ,on some of these issues and refer them to the Legal
Department where necessary.
, (Councillor Gould withdrew from the meeting)
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property
known as civic number 301 Sandy Point Road (L.R.I.S. Number 046565) and situated on the northeastern
corner of Sandy Point Road and Jack Street, from "R-2" One- and Two-Family'Residential to "B-1" Local
Business classification, subject to a r'esolution o'f Common Coun'cil pursu'ant to Section 39 of the Com-
munity Planning Act, be read a first time.
Read a fir'st time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the by-l'aw entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John 'and Amendments Thereto", insofar as it concerns re-zoning property
known as civic number 301 Sandy' Point Road (L.R.I.S. Number 046565) and situated on the northeastern
corner of Sandy Point Road and Jack Street, from "R-2" One- and Two-Family Residential to "B-1" Local
Business classification, subject to a resolution of Common' Council pursuant to Section 39 of the Community
Planning Act, be read, a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John. and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that' the letter from the Planning Advisory Committee with
regard to the proposal by Dominion Stores Limited to establish a "garden' patch" in the Lancaster Mall
parking lot, submitting the comments from the Planning staff and the City's Traffic Engineer regarding
the proposal, and advising that since the Company's proposal was for a use ,that would be terminated at
the end of August and because Council will not deal with the matter until August 11th, the Committee
, felt that for any approval to be of value it would have to be immediate, and accordingly, the Committee
granted temporary approval for a period not to extend beyond August 31st; further advising that while
the Committee's .action takes the form of a decision and not a recommendation which was requested, it
does respond to the Company's request and at the same time is not a permanent change to the original
development plan, which should only be made after more study and the temporary development is monitored,
and City staff should therefore be requested to monitor the situation in the event that further requests
are made to Council -- be received and filed.
Councillor Landers asked if the Planning Advisory Committee has the legal authority to make a
change to conditions imposed by Council under Section 39 of the CommUnity Planning Act, without the
approval of Common Council. Mr. Rodgers replied that conditions imposed by Council under Section 39 can
only be changed by varying the original resolution of Council', or extending any time limits, and if what
is being done is a change to any such conditions, it can only be done by Common Council. Councillor
Wayne stated that the Planning Advisory Committe was advised by its legal advisor that permission could
be given by the Planning Advisory Committee on a temporary basis under Section 5(2) of the Zoning By-
Law. In further discussion, Mr. Rodgers requested that he be given an opportunity to examine this
'specific case and report his opinion in writing to Council on any conflict which may exist between the
Community Planning Act and the City's Zoning'By-Law in this regard. He noted that if such a conflict
does exist, the requirements of the Community Planning Act would prevail.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending a
legal opinion from the City Solicitor in this regard.
I
.
I
I
.
~
,...
A15
.
Drury Cove Rd
\ Harold Stevens
I
Prop. 296-298
Rockland Rd
,Dann, Mrs Mar-
garet
North/South
, Arterial
I City Road
, Armouries
Westburne Indus
, trial Ent. Ltd.
\ Leas e
.
I
.
I
I
Energy Conser-
"'vation Committ
, Ritchie Bldg
.
....
Question being taken, the tabling motion was carried.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee, advising
that at its last meeting the Committee granted variances that will permit two new lots to be established on
Drury Cove Road by Mr. Harold Stevens and the Committee also adopted a recommendation that a small strip of
land from the subject'property be vested as a street widening in order to eliminate a stepped or jogged con-
figuration, and recommending that Common Council assent to the proposed subdivision with respect to the widening
'of Drury Cove Road -- be received and filed and the recommendation adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property situate at 296-298 Rockland Road, owned by Mrs. Margaret Dann, for the sum
of $29,900.00, with vacant possession on the closing date, such property being required for construction of the
North/South Arterial, and that the Mayor and Common Clerk be authorized to execute any and all documents
related to this transaction.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
Consideration was given to a letter from the Land Committee recommending the lease of space in the
City Road Armouries to Westburne Industrial Enterprises Ltd., subject to the terms and conditions as outlined
in the said letter. Councillor Elliot suggested that the condition regarding escalation of the rental fee
should be amended to include the words "with escalation payments each subsequent year". It was agreed that the
said wording would be included in the recommendation.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee with regard to a request
received by the Committee from Westburne Industrial Enterprises Ltd. to lease space in the City Road Armouries,
formerly occupied by Saint John News, recommending that Westburne Industrial Enterprises Ltd. be leased 16,724
square feet of space in the City Road Armouries, subject to the'following terms and conditions:
(a) term of the lease will be five years with a five-year renewal option at a negotiated rent;
(b) commencement of the lease to be September 1st, 1980;
(c) rental of $4,300.00 per month to be paid in advance and escalation clause to cover increase in expenses
over the 1979 level of $46,178.53, the first escalation payment to be made in early 1982 as soon as the expenses
for 1981 are established, with escalation payments each subsequent year;
(d) City responsibilities: (i) the City will heat the premises at its expense and will carry out any repairs or
maintenance required to assure the operation of the heating system; (ii) real estate taxes; (iii) fire insurance;
(iv) sprinkler maintenance; (v) maintenance of the exterior and structural elements of the building; (Vl) maintai
the ventilation system in the washrooms;
(e) the City will perform the following before the tenancy commences: (i) assure that the overhead doors are
working; (ii) assure that all the lights are working; (iii) repair any broken windows; (iv) re-arrange electrical
service so all of Westburne's space will be on one meter; (v) supply and install a one-hour fire rated partition
between the leased premises and the remainder of the building; (vi) provide a plot plan showing the boundaries
so that Westburne may install a fence on the rear boundary line to fence in only the land adjoining the leased
premises; and (vii) supply exits to the exterior to meet existing by-law;
(f) Tenant responsibilities: (i) payment for electrical power consumed by tenants; (ii) interior maintenance of
rented premises including cleaning windows and garbage removal; (iii) renovation of the rented premises as per
the plans and specifications dated June 25th, 1980 prepared by Howard S. Rothman is approved but any future
renovations must receive the prior approval of the City and the tenant must obtain a building permit before any
work is started; and (iv) fencing of that portion or taxes that are a direct result of the tenants occupancy;
(g) that Westburne be given permission to install an illuminated sign on the corner of the building facing
Clyde Street and City Road;
(h) the Tenant shall have the right of ingress, egress and regress over and along the roadways and rights of
way areas in the vicinity of the demised premises to and from the public highways, and the right to park and
load and unload its vehicles and vehicles transporting goods to and from the demised premises upon the said
roadways and rights of way of Landlord at all times; and the Tenant, it's employees and customers, shall have
the right in common with all others entitled to similar rights, to make use of parking areas located in the
vicinity of the demised premises, at no time obstructing or interfering with the use of, the said parking areas
by other tenants in the said building;
(i) that due to the increased area, staff be permitted to call tenders for the removal of the existing fire
wall and construct a new one of concrete block; and
(j) that the Mayor and Common Clerk be authorized to execute any and all documents related to this transaction;
-- be received and filed and the recommendation adopted.
(Councillor MacCallum withdrew from the meeting due to a possible conflict of interest with respect
to the next matter to be discussed.)
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Mr. D. Wilband, Chairman of the Energy
Conservation Committee, advising that the Committee examined the costs associated with energy conservation and
maintenance in the various City buildings and upon reviewing the costs associated with maintaining the Ritchie
building in its present condition and the costs that would be necessary to improve the premises, and that the
Committee recommends, subject to touring the building, that due to current costs and anticipated increases in
fuel and electricity and due to a large expenditure of capital required to repair the Ritchie building and
upgrade it to acceptable rental standards, that the Ritchie building located at 50 Princess Street be demolished,
and advising that as the said recommendation was unanimously adopted by the Energy Conservation Committee, the
Committee requests that Council take the necessary steps to have the Ritchie building demolished -- be referred
to the City Manager for a report and recommendation.
(Councillors Gould, MacCallum and M. Vincent re-entered the meeting)
416
"Il
\
Counc. Wayne
Champlain Heights
\ Bridge
~
Counc. Wayne
Procedures Committee
"
,
Counc. Denton
Smoking Ordinance
,Re- zoning
Service Coin Ltd
Prop: St. Catherine S
,Re-zoning
NBR Holdings Ltd
Prop: 151 Loch Lomond
Rd.
,Re-zoning
Ernie~s Home Improve-
ment Ltd.
Prop: Rothesay'Road
\
Stanley Gardens Ltd
McKelvey, Macaulty,
Mach!lffi
Boars Head Rd
\
Kirk, William
Mobile home
\
Parfitt, Mrs. Joan
Sportsplex
,
C.O,I.L. Inc.
.
Curbs
-' '
Consideration was given to a letter from Councillor Wayne regarding the condition of the
guardrail on the bridge entering Champlain Heights, suggesting that the matter be referred to the City
Manager to have staff ascertain if such guardrail is safe or what steps must be taken to improve the
condition of same to make it safe before the start of the school year in September, and report back to
Council.
Mr. McDermott reported that. staff have ascertained that this bridge is a Provincial responsibil~,",
ity and that there may be a new bridge constructed at this location,. which would be part of the McAllister
Drive Extension project. He stated that the main problem is the private fencing between the Black
property and the slope itself. Councillor A. Vincent asked that the City Manager report to Council on
whether funding, from the Provincial Department of Transportation will be lost if construction of the
bridge does not take place this year.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above letter from Councillor Wayne be
received and filed.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor Wayne with reference to
recommendations submitted to Council on December lOth, 1979 by the now Deputy Mayor M. Vincent with
regard to what business should, be conducted in Committee of the Whole and'what should be done in open
session of Council, which'report was adopted in principle by_.Council and-referred to the Procedures
Committee for specific and direct policy and to be brought back to. Council for final ratification -- be
referred to the Procedures Committee for' a report to be submitted for consideration of Council within
three weeks.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that as requested by Councillor Denton, the gity Manager
and the City Solicitor submit to Council a'proposedby-law similar' to the City of Halifax Smoking
Ordinance, so that Council may debate the merits of same at as early a date as possible.
On motion o~ Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the application. of Service Coin Ltd. for re-zoning
of property on St. Catherine Street, be referred to the Planning Advisory Committee for a report and
recommendation and that authority be granted for the necessary' advertising in this regard.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the application of N B R Holdings Ltd. for re-zoning
of property at 151 Loch Lomond Road, be referred to the Planning Advisory Committee for a report and
recommendation and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Landers
Seconded by Councillor A. Vincent,
RESOLVED that the application of Ernie's Home Improvement
Ltd., for re-zoning of property on Rothesay Road, be referred to the Planning Advisory Committee for a
report and recommendation and that authority be granted for the necessary advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Messrs. McKelvey, Macaulay, Machum,
advising that they represent Stanley Gardens Ltd., a company proposing 'to develop 125 acres of land
located on the south side of the Boars Head Road, having approximately 3,000 feet road frontage, and
requesting that the Boars Head Road be changed from its current status as a Collector Street to that of
a Local Street, be referred to the Planning Advisory Committee for a report and recommendation and that
authority be granted for advertising in this regard, if required.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Mr. William Kirk requesting a further
one-year extension regarding the location of a mobile home on property at Martinon, be referred to the
Planning Advisory Committee for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from Mrs. Joan Parfitt, 118 Orange
Street, regarding a proposed sportsplex for the City, be received and filed and referred to the appropri-
ate staff for consideration, and that Mrs. Parfitt be thanked for her comments.
Consideration was given to a letter from Mr. Donald Shea, President of Centers Offering
Independent Lifestyles Incorporated, advising of three curbed areas in the City which have not been
ramped for the disabled.
The Mayor stated he has been informed by the City Manager that staff is monitoring these
situations to include ramps for the disabled wherever possible.
.
I
I
.
I
.
I
I
On motion of Councillor Wayne
Seconded by Councillor MacCallum .' .
RESOLVED that the above letter be received and filed and Mr.
Shea be advised that ramps for the disabled are being included when concrete curbing is being installed,
wherever possible.
that
Regarding the reconstruction of a portion of Westmorland Road, Councillor M. Vincent, asked
information be made public at the next meeting on changes in traffic patterns and lane closures
...4
,...
417
.
,Church~oL Jesus
r _':"~Christ of, _
Latter-Day
'~ni Saints
'King Square
I
I'Liquor Licenses
T. U. Social
Club Inc.
." "W.L~Kelly.Ltd.
Progress paymen
. No. 9
I
LEG A L
SESSION
'City Solicitor
,Metro Const. (197
Ltd.
Grandview Avenue
.
I
IIIc;ntral & Easter
Trust Company
Millidgeville
, Estates Subd.
.
....
w lch Wl~~ res~t lrom thlS proJect. Mr. MaC~lnnon relerred to preV10US dlSCUSSlons 01 GOunCl~ regardlng tne
installation of ramps for the disabled, which referred to areas where concrete sidewalks have been constructed
only, and this is being done except for particular intersections, such as Kane's Corner where the design took
place approximately three years ago and such ramping was not included. He noted that the organization had been
asked to bring to the attention of his Department any specific areas which would be investigated.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the Church of Jesus Christ of Latter-Day
Saints requesting permission to set up a streetboard in King Square for a period of two months on Thursdays and
Fridays, be received and filed and the request be denied.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above letter be referred to the City Manager for a
report and recommendation.
Question being taken, the referral motion was carried.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the notice from the Liquor Licensing Board, advising that
an application by The T.U. Social Club Inc. for a club license regarding premises on Old Black River Road, will
be heard by the Board on Friday, August 8th, 1980, be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that an item with respect to progress payments to W. E. Kelly
Ltd,. for exterior repairs to the Murphy building located at 158 Prince William Street, be added to the agenda
and considered at this time.
Question being taken, the motion was carried with Councillors Elliot, Gould and Wayne voting "nay",
as the adding of items to the Council agenda is contrary to present Council policy.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of Progress Estimate Number 9 of W. E. Kelly Ltd., in the amount of $37,502.28, for exterior
repairs to the Murphy building located at 158 Prince William Street.
Question being taken, the motion was carried with Councillor Wayne voting
" "
nay .
Prior to the regular meeting, the Council met in Legal Session.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the City Solicitor with regard to Council's
request for a legal opinion with respect to the City's obligation to pay rent to Metro Construction (1978) Ltd.
for land presently occupied by the City's Works Department, advising that according to a letter dated July 7th,
1980 addressed to the Commissioner of Engineering and Works from Mr. R. S. Slattery representing Metro Construc-
tion, the City's Works Department is using approximately 68,000 square feet (serviced and enclosed) and is not
paying rents for the property and from the background correspondence it appears that the City and Metro are
negotiating purchase of Metro Construction's building on Grandview Avenue which the City is proposing to use as
the eastern depot for the Works Department, and stating that if the City requires the building and cannot
successfully negotiate the purchase, it seems that the City should be paying rent while occupying the property
owned by Metro; further advising that from a review of the correspondence and the Agreement dated March 24th,
1980 between the City and Metro for the supply of asphalt, the question of the City's use of the property owned
by Metro was not discussed and there is no relationship between the asphalt agreement and the letter to the.
Commissioner of Engineering and Works dated July 7th, 1980 -- ~e received and filed and the City negotiate .a
rental fee for the property being occupied.
Mr. McDermott stated that the matter of the City using property it owns on Grandview Avenue for the
parking of vehicles is being investigated, and he is not satisfied that the City requires any additional
property in this area.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending a report
from the City Manager.
,
A.
Question being taken, the tabling motion was carried with the Mayor and Councillors Landers,
Vincent and M. Vincent voting "nay".
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from Central and Eastern Trust Company regarding
services to Phase 3 of the Millidgeville Estates Subdivision, be referred to the City Manager for a report and
recommendation to Council.
On motion
The meeting adjourned.
;;J:5!.~
ti Co on Clerk
418
'IIIIIl
,
W. E. Kelly Ltd
Progress Payment , ,.
No. g
\
Progress payments
"
Woodlawn Park
External Services
,
Que-Mar Con. Ltd.
"
Allied Chemical
Canada, ,Limited
,Liquid calcium
Tender accepted
Beach Crescent Lift
'- Station
'Gerald J. Ryan Co.Lt
Tender accepted
\Forest Hills Base-
ball Field
\Thomas Const. Ltd.
Barking dog
Watson, Mrs& ,Mrs. A
\
\
Leases
'Beaconsfield Fire St
St. John Ambulance
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the
eighteenth day of August'; A.D.. 1980, at 4.00 0' clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
.
Councillors Denton, Green, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, F. Rodgers, City Solicitor,
R. Park; Commissioner of Finance, M. Zides, Commissioner of Community
Planning and Development, J. C. MacKinnon, Commissioner of Engineering
and Works, J. F. Ross, Chief of Police, D. French, Director of Personnel,
S. Armstrong, Deputy Commissioner of Engineering, N. MacNeil, Public
Relations Manager, G. Soucy, Labour Relations Officer, J. Johnson,
Building Inspector, J. Brownell, Assistant Diector of Recreation and
Parks,. W. Collett, By_Law Enforcement Officer,
I
Reverend E. Lloyd Lake of All Saints Anglican Church offered a prayer which opened the meeting.
On motion of Councillor Wayne
I
Seconded by Councillor ,Landers
RESOLVED that minutes of the meeting of Common Council, held on
August 11th last, be confirmed.
Councillor Wayne referred to a resolution passed at last weeks meeting authorizing payment of
Progress Estimate Number 9 of W. E. Kelly Ltd, in the amount of $37,502.28 for exterior repairs to the
Murphy buildng, located at 158 Prince William Street. She noted that a resolution of January 14th, 1980
set a limit of $100,000.00 and this payment ratified last week puts the amount over:the:$lOO.OO. and
questioned if the January 14th motion should be rescinded. The City Manager advised that no further
progress payments are expected and Mr. Park stated that it would not be necessary to rescind the motion
since Council authorized both payments bringing the total to $101,517.88.
.
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following progress payment, namely:
Woodlawn Park External Services
Que-Mar Construction Ltd.
Original Estimated Value of ,Contract
Total Work Done, Estimate Number 5 (Final)
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated August 1, 1980 Final Release of Holdback
..'
'. '-'- . ~ .
$684.826.00
650,018.94
Nil I
630,518.37
8,
19,500.57
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the invoice of
Allied Chemical Canada, Limited', ,in the amount of ,$7,047.33, for the supply and spreading of liquid calcium
chloride dustlayer, be approved for payment.
On motion of Councillor MacCallum
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the low tender
as submitted by Gerald J. Ryan Co. Ltd., in the amount of $128,647.00 for the construction of forcemain f
for the Beach Crescent Lift Station, be accepted.
.-
Councillor A. Vincent questioned why the City is not using the Saint John Construction Association
deposit system when tenders for this amount of money are involved. Mr. MacKinnon replied that the city
uses the Association when dealing with a number of subcontracts and replied that in future the Saint John
Construction Association will be supplied with the information,
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the low tender as
submitted by Thomas Construction Limited in the amount of $63,711.10 for the Forest Hills Baseball Field
Capital Program, be accepted and the Mayor and Common Clerk authorized to execute the said agreement.
I
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the report from the City Manager with respect to a
complaint of a barking dog at Soucy's Garage by Juanita and Alden Watson, 219 Westmorland Road, advising
that Mr. W. Collett, By-Law Enforcement Officer for the City of Saint John has visited the premises and
it is his intention to revisit the Soucy premises. within two weeks, be received and filed and Mr. and Mrs.
Watson advised of the action taken.
I
Councillor MacCallum noted that a few months ago Council requested a meeting with the Animal
Rescue League to discuss various problems in connection with dogs running at large and requested staff to
expedite the meeting. The City Manager advised he would arrange a meeting within the next three weeks.
On motion of Councillor Green
.
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, authority
be granted to lease space~on the first floor and basement area of the former Beaconsfield Fire Station
to St. John Ambulance for $2,400.00 rental for the balance of this year, and that the rental for 1981 be
negotiated with St. John Ambulance prior to the end of this year, and the Mayor and Common Clerk authorized
to execute the agreement.
~
"'"
4~9
\ Taxi By-Law
.
I
\
Asphalt Plant
I
.
I
.
Stephen Const.
, Co. Ltd
I
\
Ted Harrison
\
I
Metro Con;(1978)
Ltd
,
Metro Con. (1978)
Ltd.
.
Irl...
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the proposed changes to
the Taxi By-Law be adopted and referred to the Legal Department for necessary drafting of the by-law.
Councillor Landers referred to the petition from taxi drivers requesting relocation of the taxi
office to the Eastern Police Station advising that the three weeks are now up and they were told they would have
a report. The City Manager stated he met with the Chief of Police and with the exception of three months during
the licensing period, there is no reason to change the location at this time. Mr. Landers asked the number of
Plumbing Inspectors in the city and was advised that there is a Plumbing Inspector and an assistant Plumbing
'Inspector who look after the work of sixty plumbers.
Councillor Landers expressed his displeasure at the manner in which the Taxi Office is being run and
May'or Lockhart suggested that recommendations for change would be welcomed. Councillor MacCallum noted that he
has:.-received a number of complaints from individuals that some taxi compa~ies are chargi~g extra for wheelchairs
of handicapped persons, and other firms do not charge and stated it would be a good public relations measure if
all firms would extend this courtesy and level only the normal charge.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that the report of the City Manager on problems occurring
at the Asphalt Plant be received and filed.
Councillor Wayne raised the question of a letter written by Mr. Boyle on August 7th on the percentage
of liquid content and "slumping" of asphalt as well as a letter from Mr. Desjardins of August 12th on the
problems at the plant as well as priorities of the Province and City.
Mr. MacKinnon, Commissioner 'of Works gave a detailed technical report on the production of asphalt
and the type of asphalt in relation to whether or not it was an acceptable type. Asphalt that was "accepted"
was placed on the streets and "rejected" asphalt was not placed on streets.
He advised that five loads were "rejected" which represents 40 tons and the Province has "rejected"
twelve loads or approximately 180 tons. Also there is asphalt left over from the patching gangs at the finish
of the day and that is dumped as "cold" asphalt and this could possibly add up to 450 tons for the year, to date.
"Cold" asphalt is du,mped after calculating the cost of continuing past regular working hours and this practise
is not dissimilar to other years.
Councillor MacCallum questioned the use of the Carvel Pit as he understood it was closed. He was
advised that the material was on the site of the plant and a report will be submtted on the use of the pit.
Councillor Landers asked if this years problem was any greater than previous years. He was advised
that problems had occurred and were rectified.
Councillor A. Vincent was under the impression that less asphalt was used this year and more roads
had been paved. He was advised that the City has changed the methods of application and the use of spreaders
controls the amount.
Deputy Mayor Vincent requested answers to the questions raised in Mr. Harrison's letter and was
advised that the amount of 1200 tons is not correct according to his records and the "rejected" asphalt is not
paid for by the City, however, the "cold" asphalt dumped after the "gangs" regular hours of work is paid for
by the City. He was also advised that the Works Department is not contemplating terminating the contract.
The Deputy Mayor also asked if the City was satisfied with quality and supply of asphalt and if all
the asphalt received and paid for met the specifications of the City. The Commissioner of Works replied that
the City was not satisfied with that which was rejected and was satisfied with the asphalt that was not rejected,
and technical details on the quality of asphalt were given. He also advised that the City Manager and Commis-
sioner of Works would both recommend that the tabled invoices for asphalt be paid.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that the letter from Stephen Construction Company Limited
respecting the supply of asphalt to the City, be received and filed.
On motion of Councillor M. Vincent
Seconded
by Councillor Wayne
RESOLVED that
received and filed and forwarded
the letter from Mr, Ted Harrison regardint the dumping of
to the City Manager for his attention.
[
r~ected asphalt be
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoice~ namely:-
Metro Construction (1978) Limited - supply of asphalt July 17-23, 1980 $24,056.17
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
Metro Construction (1978) Limited - aupply of asphalt July 23-Aug 5, 1980 $68,620.83
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
420
"'II
'-
Tender accepted
,Demolition
Props~282 Rockland
Rd
\ 10 Somerset S
Grove Const. Ltd.
ZC)fiing BY-Law
I re- Z-onlng
Property- 301 Sandy
Point Road
'Steeves Enterprises
Ltd.
re-zoning
conditions
\
Grants
Atlantic National
\ Exhibition Horse
Show
Land Committee
'C.
lty Road Armouries
Westburne Industria
\ Enterprises Ltd
Land Committee
'Ashburn Lake Rd &
Foster Thurston Dr
\ Expropriation
lDeFt~ n D_h;r ranspo r-
\ tation
Land Committee
, Darrell A. Scribner
, Easements
R.:
Land Committee
Silver Falls Park
\
Development Ltd
Lease
Land Committee
,Prop., 178 Church
\ Ave
LesHe-& Hilda
---.Sprague -
\ ~
Church Ave. Overpas
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the low tender
as submitted by Grove Construction Ltd., in the amount of $3,430.00 for the demolition of 282 Rockland
Road, and $1,470.00 for the demolition of 10 Somerset Street, be accpeted.
.
On motion of Councillor Denton
Seconded by Councillor Wayne
- RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of the
Zoning Map of the City of Saint John, by re-zoning property known as civic number 301 Sandy Point Road
(L.R.I.S. Number 046565) and situated on the northeastern corner of Sandy Point Road and Jack Street,
from "R-2" One- and Two-Family Residential to "B-1" Local Business classification, -be read a third time
and enacted and the Corporate Common Seal affixed thereto:
I
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the rezoning be
on the following conditions: (1) the use of the site be restricted to a grocery store, a take-out
restaurant and a lunch counter; and (2) that no building permit be issued for a new building or an expan-
sion to the existing building until the applicant has received the approval of the Commissioner of
Engineering and Works and the Deputy Commissioner of Community Planning to a site plan indicating: (a)
driveways and parking areas; (b) landscaping; and -(c) site grading.
I
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto", was read in its entirety prior to adoption of the above resolution.
Read a 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 begs leave to report that it sat on August 11th, 1980 when there were present
Mayor Lockhart and Councillors Denton, Elliot, Gould, Green, Landers, MacCall~ A. Vincent, M. Vincent
and Wayne, and your Committee submits the following recommendation, namely;_
1. That a grant of $300.00 be approved regarding
which was held on July 17th to 19th inclusive.
the Atlantic National Exhibition Horse Show
;:2..2.:<:-c- ,'0 :.:",_ 0 _. __).
Respectfully submitted,
(sgd) A. R. W. Lockhart,
qhairymn
j
Saint John, N.B.
18th, August, 1980
On motion of Councillor Green
I
Seconded by Councillor M. Vincent
RESOLVED that the above report -be received and filed and the
recommendation contained therein adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the portion of
the recommendation passed by Common Council on August 11th concerning the calling of tenders for the removal
of the existing fire wall and construction of a new one of concrete block prior to occupancy of Westburne
Industrial- Enterprises Ltd. in a portion of the City Road Armouries, be rescinded, and that wherever
possible, City staff be utilized and that invitation tenders be acquried for those portions of work that
cannot be done by City staff with such tenders to be awarded by Common Council.
On motion of Councillor Landers
.
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee advising that the
Province of New Brunswick, Department of Transportation, is expropriating a portion of Ashburn Lake Road
and Foster Thurston Drive and that the Property Management Department will be in contact with the Depart-
ment of Transportation to negotiate a fair settlement for the lands in question and~their action will be
reported back to Common Council for approval, be received and filed.
On motion of Councillor A. Vincent
I
Seconded by Councillor Green
RESOLVED that as recommended- by the Land Committee, authority be
granted to issue an easement to Mr. Darrell A. Scribner for the installation of water and sewerage lines
from Lakeview Drive to his property situate on Willow Roadway with such easement to be subject to the
requirements of the Water and Sewerage Department, and that the Mayor and Common Clerk be authorized to
execute any and all documents related to this transaction.
On motion of Councillor A. Vincent
I
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, Silver Falls
Park Development Limited be granted a release of that portion of land leased by the City of Saint John,
and that they are to bear all survey, legal and other expenses that may raise in this regard, and that the
Mayor and Common Clerk be authorized to execute any and all documents related to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be .
granted to purchase 1,490 square feet of the property at 178 Church Avenue, owned by Leslie and Hilda
Sprague for the sum of $3,000., such property being required for construction of the Church Avenue Overpass,
and that the Council resolution of July 28th concerning the expropriation of this property be rescinded;
and that the-Mayor and Common Clerk be authorized to execute any and all documents related to this trans-
action.
~
,..
421
.
Plan. Adv. Com.
1 \J. ames R. cat. hli
. (ResCinding .
, motion)'
Plan.Adv.Com';
,Anthony's Cove
. Rd
\
IAnthony Estate
Agreements
"
Plan. Adv. Com.
Rezoning
Saint John
, Regional Hospit
Prop": University
. Ave.
I
Councillor Wayne noted that a couple of weeks ago Council passed a resolution to expropriate several
pieces of property and questioned why it was now being changed and Councillor A. Vincent advised that further
negotiations determined the price of the land which was accepted by the Land Committee.
Councillor Landers pointed out that a city restaurant was discussed in Committee of the Whole and it
was promised it would be reported out and it now has been three weeks. Councillor A. Vincent stated that as
Chairman of the Land Committee he.would like to report this matter in legal session and if the Common Clerk
wishes to report it out, he may do so at the next meeting.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Planning Advisory Committee, Common
e Council rescind its resolution of July 15, 1974, with respect to the payment of $88.00 in~lieu of land for
public purposes by James R. Cathline.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that as recommended by the Planning Advisory Committee,
authority be granted for the preparation and execution of subdivision agreements for 10 lots on Anthony's Cove
Road owned by the Anthony Estate, known as lots 80-2 to 80-11, inclusive, with the following conditions: (a)
payment to the City of $1,000. per lot as a contribution to improve Anthony's Cove Road; (b) undertaking any
improvements to the on-site water and sewer facilities as required by the Department of Health.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee recommending
the re-zoning of the Saint John Regional Hospital site on University Avenue and further recommending that staff
consider future uses in zoning regulations comprising the area and adjacent properties, be received and filed.
Councillor M. Vincent asked why the proposal does not include the proposed Medical Arts building
and. why the city does not amend the zoning at this time to wtidh. Mr. Zides replied that the city does not know
the composition of the uses of the Medical Arts building and neither do the hospital authorities.
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of. the City of Saint John and Amendments Thereto", regarding the site of the Regional Hospital, be read a first
time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments. Thereto".
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", regarding the site of the Regional Hospital, be read a
second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Wayne
"
Tourist office Seconded by Councillor M. Vincent
RESOLVED that the City Manager meet with Mr. Neil McNeil to discuss
the budget required by the Tourism Department.
.
, Fallsview Park
I
Re-zoning
\ Dante Forriere
Prop: Loch
.:1 \ Lomond Rd
Re-zoning
,William G.
Godfrey "
Prop: G"randvlew
\ Ave.
. Re- zoning
'Salvation Army
Prop: 36 St.
"
James St.
lil.....
Councillor Wayne advised that for the past three years she has been trying to get the lights turned on
at Fallsview Park. She was informed that there was a program for this attraction and they had applied for a
Canada Works Grant and did not receive any money. This week she was in the area, saw three bus loads of tourists
and spoke with some of them. There wasn't as much as a garbage barrel there, the steps did not appear to be safe
and this site is the best area for viewing the major tourist attraction of the city. She stated she spoke with
both Mr. McNeil and the City Manager to find out what .can be done at this area.
Councillor A. Vincent questioned whether the cost of lighting was paid by the Tourist Department or
the Works Department and was advised by the City Manager that it was the responsibility of the Tourist
Department.
On motion of Councillor Landers ~'
Seconded by Councillor Wayne
RESOLVED that the application from Mr. Dante Forriere for re-zoning of
property located at the corner of Loch Lomond Road and Forriere Drive, be referred to the Planning Committee
for a report and recommendation and that authority be granted for the advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the application from Mr. William G. Godfrey for re-zoning
of property on Grandview Avenue, be referred to the Planning Committee for a report and recommendation and
that authority be granted for the advertising in this regard.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the application from the Salvation Army for re-zoning of
property 36 St. James Street, be referred to the Planning Committee for a report and recommendation and that
authority be granted for the advertising in this regard.
422
"II
\
Members of Parliame
\
Petition
,Ragged Point Rd
Canadian Parks &
, Recreation Nationa
Association
LEGAL
SESSION
Damages
'Garnett;: Mr~& Mrs J
-Glazier, Mr & Mrs C
'Donkin, Mr &;'Mrs H
, McMannis, Shirley
"
Metro Con. (1978) L
Grandview Ave
,
Canadian Parks &
Recreation Assoc.
On motion of Councillor M';'cVincent
Seconded by Councillor Green
RESOLVED that the letters from Members of Parliament with regard
to the loss of federal government employees in the cities of Saint John and Moncton, be received and
filed, and appreciation expressed to the members for their interest.
.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the petition from residents of Ragged Point Road
requesting chipsealing be referred to the City Manager for a report and added to the Capital Budget
for 1981.
1
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that a formal invitation be forwarded to the Canadian Parks
and Recreation National Association to hold their 1983 Canadian Parks and Recreation National Conference in
Saint John.
On motion of Councillor Wayne
Seconded by Councillor Green I
RESOLVED that in view of the fact that Monday, September 1st is a ,
Statutory holiday, no Council meeting be held during the said week.
Question being taken, the motion was carried with Councillors A. Vincent and MacCallum voting
"nay".
Councillor MacCallum requested permission. to withdraw from the meeting at this time as he felt
he may have 'a conflict of interest with regard to the next item of business.
On motion of Councillor M. Vinc~nt
.
Seconded by Councillor Green
RESOLVED that the claims for damage. by Shirley McMannis, Mr. & Mrs.
Jack Garnett, Mr. & Mrs. Harold Donkin and Mr. & Mrs. Clarence Glazier, which occurred as a result of a
backup in the City's sewer and storm water disposal system on Wednesday, August 6th, 1980, be referred to
the City Solicitor and appropriate city staff for a report and recommendation.
(Councillor MacCallum returned to the meeting )
On motion of Councillor MacCallum
Seconded by Councillor A. Vincent
RESOLVED that the letter from the City Solicitor advising that
before he can give a legal opinion with respect to the City's obligation to pay rent to Metro Construction
(1978) Ltd. for land presently occupied by the City's Works Department, the negotiator for the City should
state what was intended, having regard to the fact that the previous supplier was compensated -- be
received and the City Solicitor requested to obtain documentation relating to this matter and ascertain
from negotiators of the existing contract what intent, if any, could be ascribed to the article providing
the space adjacent to the asphalt plant and the area required for those purposes.'
I
On motion
')
, The meeting adjourned.
~
co~ Clerk
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty- 4It
fifth day of August, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
I
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, M. Zides, Commissioner of Community Planning
and Development, M. Winch, Deputy Commissioner of Community Planning,
J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong,
Deputy Commissioner of Engineering, C. E. Nicolle, Director of Recreation
and Parks, J. Dunham, Deputy Chief of Police, J. Johnson, Building In-
spector, and G. Soucy, Labour Relations Officer
Reverend Daniel A. Dryer of Germain Street Baptist Church offered a prayer which opened the
I'
meeting.
On motion of Councillor M. Vincent
Seconded by Councillor MacCallum
RESOLVED that minutes of the meeting of Common Council, held
on August 18th last, be confirmed.
Councillor Gould reported on his attendance at the national conference of the Canadian Parks
and Recreation Asssociation held recently in Halifax, and advised that the invitation of the City of
Saint John to host the 1983 national conference of the said Association was successfUl. He complimented
the efforts of the staff of the Recreation and Parks Department in this regard.
.
....
'"
'4'~3
Municipal Plan
By-Law
. Property, Ash-
, burn Road
'MacKnight Moto
Ltd.
Plan. Adv. Com.
I
R. Gillis.
I
.
I
.
I
Zoning By-Law
" re-zoning
MacKnight
Motors Ltd.
I
.
....
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of about 14 acres of the MacKnight Motors Ltd. p~operty on Ashburn Road by: (a) amending Schedule 2-A,
the Future Land Use Plan of the Municipal Development Plan to designate the land as Heavy Industrial instead of
its current Low Density Residential designation, and (b) re-zoning the said land from "RF" Rural to "I-2" Heavy
Industrial, subject to a number of terms and conditions to be imposed by Council under Section 39 of the Com-
munity Planning Act, to permit an automobile used parts and salvage operation, and that no written objections
were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated August 14th, 1980,
which recommends that Common Council not amend the Municipal Development Plan nor re-zone a portion of the
MacKnight Motors Ltd. property on Ashburn Road and that in the event Common Council approves the application,
such approval be based. on recommendation number 2 contained in the Committee's letter to Council dated March
12, 1980, with the exception that fencing only be required along the frontage being utilized and that the depth
of any re-zoning not exceed 1,500 feet.
Mr. R. Gillis, solicitor for MacKnight Motors Ltd., spoke in support of the proposed amendments and
noted that the property on Ashburn Road owned by his client comprises approximately 90 acres and was acquired
in 1971, although the property under consideration only represents 14 acres of the said property. He stated
that there were no persons present before the Planning Advisory Committee speaking in opposition to the proposed
re-zoning and it is significant that there are no persons present at this Council meeting in opposition to the
proposal. He referred to an application presently before the Courts by the City for an Order under Section 94
of the Community Planning Act regarding this property, and there is no question that if his client is not
successful in having the property re-zoned at this time to permit the business to be carried on, his client has
no other lands he can acquire in the City to carryon his business, and it is unquestionable his business ,will
close regarding the salvage of automobiles - a business which employs 20 people, 15 of whom are present in the
Council Chamber in support of the application.
In discussion with the Council members regarding the proposal, Mr. Gillis supplied the following
information: following the last appearance before Council, an attempt was made by City staff for Mr. MacKnight
to acquire land in the City which would permit this type of business and the three areas given were the Old
Black River Road, the Industrial Park, and Rothesay Avenue, which were lands which were properly zoned to
permit the said operation; his client has reviewed the suggested conditions of re-zoning, and although some of
them are onerous, he has posted a $5,000.00 and he has no alternative but to meet such conditions, even though
there are some obligations which the City has not yet completed regarding this property, namely, the clay pit
area which the City has not rehabilitated, and consequently that portion of the property cannot be used for the
storage of vehicles; that his client is prepared to meet the conditions imposed if re_zoning is approved; he
suggested that Mr. MacKnight is agreeable to all of the conditions and in fact has instituted a number of such
conditions since the last re-zoning application to Council.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify approximately 14 acres of the MacKnight Motors Ltd. property on Ashburn Road from Low Density
Residential to Heavy Industrial, be read a first time.
"nay".
Question being taken, the motion was carried with the Mayor and Councillors Denton and Landers voting
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
"
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify approximately 14 acres of the MacKnight Motors Ltd. property on Ashburn Road from Low Density
Residential to Heavy Industrial, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it'concerns re-zoning approximately 14 acres of the
MacKnight Motors Ltd. property on Ashburn Road, from "RF" Rural to "1-2" Heavy Industrial classification,
subject to a number of terms and conditions to be imposed by Council under Section 39 of the Community Planning
Act, be read a first time.
"nay".
Question being taken, the motion was carried with the Mayor and Councillors Denton and Landers voting
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning approximately 14 acres of the
MacKnight Motors Ltd. property on Ashburn Road, from "RF" Rural to "I-2" Heavy Industrial classification,
sub,ject to a number of terms and conditions to be imposed by Council under Section 39 of the Community Planning
Act, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the above letter from the Planning Advisory Committee
be received and filed.
424
~
"
"
Municipal Plan By"La
Property, 55-57 Main
557,567,571 Walnut
562,564,568 Walnut
500 Prospect
561 566 Hill Sts
\ Moosehead Brewery ,cO
R. MacKenzie
, Bayview Credit Unio
Wallace Turnbull
(motion lost)
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of a number of parcels intended to be used in connection with expansion of the Moosehead
Brewery by: (a) amending Schedule 2-A of the Municipal Plan by reclassifying the following properties
from District Centre Commercial and Low Density Residential to Heavy Industrial, namely: 55 to 67 Main
Street West inclusive; 557, 567 and 571 Walnut Street; 562, 564 and 568 Walnut Street; 500 Prospect
Street; 561 and 566 Hill Street; and the property'along botn sides of Beech Street and on the north-
westerly side of Hill Street, identified as L.R.I.S. Number 034520; and (b) re-zoning the said properties
from "RM-l" Multiple Residential and "B-2" General Business to "I-2" Heavy Industrial classification, and
that no written objections were received in this regard.
.
Consideration was given to the letter from the Planning Advisory Committee, dated August 14th,
1980, regarding the above proposed amendments, advising that since the public hearing for this proposal
will be held by Council before the next Planning Advisory Committee meeting, the Committee would request
that a decision not be rendered until the Committee presents its report and recommendation.
1
Mr. R. MacKenzie, Secretary-Treasurer of Bayview Credit Union, owner of property located at 55
Main Street West, was present at the meeting and stated that while the Credit Union is fully in support
of the proposal, they are presently negotiating the sale of this building and if the building is not sold
to Moosehead Brewery the property would then be located in an industrial zone. He suggested that the
said re-zoning should therefore be qualified or subject to certain conditions. He advised that the
Brewery does not have an option on the said prop~rty, which is ,included in the properties under con-
sideration for re~zoning, although they are in the process of negotiations.
1
Councillor Landers asked if the present re-zoning application, which includes the property of
Bayview Credit Union, can be proceeded with by Council, while the applicant is not the owner and has no
option on the said property. Mr. Rodgers stated the law is very clear that the Council can re-zone, and
has to re-zone, the municipality into any zone it sO,wishes; the normal process is for an application to
be initiated by an owner, and it is very unusual for an applicant to initiate re-zoning for land it does
not own.
Mr. Wallace Turnbull, solicitor, was present on behalf of the applicant, Moosehead Breweries
Limited, and noted that the brewery has been located at the present site for over eighty years and due to
the heavy demand in the export market for its product, they require expansion of their facilities, and
have acquired additonal properties for such expansion, and with the exception of the Bayview Credit Union
property, all of the properties being the subject of the application are either owned by the applicant or
are under Agreement of Sale. He stated that his client has reviewed the Planning staff comments to the
Planning Advisory Committee and have agreed with the three recommendations regarding exterior clad
siding, setback, and landscaping and they have met with the City's traffic staff and have reached agreement
on the means of access to the facility. Regarding objections which had been made to the Planning Advisory
Committee by area residents regarding property values, traffic, and noise, Mr. Turnbull stated that a
meeting was held with the said residents and the proposal was thoroughly reviewed, although they did not
come to any agreement at that time. In further discussion, Mr. Turnbull advised that the expansion will
provide as many as 150 new jobs at the brewery.
.
Regarding the procedure to be followed considering the fact that a recommendation will be
forthcoming from the Planning Advisory Committee, Mr. Rodgers stated that it is proper for Council to
consider first and second readings to the proposed amendments at this time, following the public hearing, I
and that the Community Planning Act states that the'views of the Plan~ing Advisory Committee must be
received prior to enactment, which would be third reading.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments ,Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify the following properties from District Centre Commercial and Low Density Residential
to Heavy Industrial, namely:- 55 to 67 Main Street West inclusive; 557, 567 and 571 Walnut Street; 562,
564 and 568 Walnut Street; 500 Prospect Street; 561 and '566 Hill Street; and the property along both
sides of Beech Street and on the northwesteriy side of Hill'Street, identified as L:R.I.S. Number 034520
be read a first time. '
Councillor Elliot suggested that it was a policy decision of Council that no action would be .
taken on such matters pending a report and recommendation from the Planning Advisory Committee.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table pending a
recommendation from the Planning Advisory Committee.
Mr. Rodgers stated that Council 'had adopted a policy as suggested by Councillor Elliot, however
such policy decision was later reversed and Council decided to authorize advertising and giving readings I
before the views of the Planning Advisory Committee are received.
Question being taken, the tabling motion was lost with the Mayor and Councillors Denton, GoUld,
Knibb, Landers, A. Vincent and M. Vincent voting "nay".
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
I
On motion of Councillor Gould
Seconded by Councillor A. Vincent
, RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by ~ending Schedule 2-A, the Future Land
Use Plan to reclassify the following properties from District Centre Commercial and Low Density Residential
to Heavy Industrial, namely:- 55 to 67 Main Street West inclusive; 557, 567 and 571 Walnut Street; 562,
564 and 568 Walnut Street; 500 Prospect Street; 561 and 566 Hill Street; and the property along both
sides of Beech Street and on the northwesterly side of Hill Street, identified as L.R.I.S. Number 034520
be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
.....
~
,
:425
.
re-zoning
Zoning By-Law
Prop:55-57'Mai'
557;S67;57r.W~lnu
562,564,568 Walnu
500 Prospect
561, 562 Hill Sts
\ Moosehead Brewery
1
1
. re-zoning
Prop: Gault Rd
, Stephen Gogan
1
.
I
,Tender accepted
'City Rd: Armoury
,Glenwood Const.
Ltd.
I' Tender accepted
Greendale Storm
, Sewer Const.
,Fairvale Const.
Ltd.
'Grove Const. Ltd
'Metro Canst.
. (1978) Ltd.
.....
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the following properties
from "RM-l" Multiple Residential and "B-2" General Business to "1-2" Heavy Industrial classification; namely:-
55 to 67 Main Street West inclusive; 557, 567 and 571 Walnut Street; 562, 564 and 568 Walnut Street; 500 Prospect
Street; 561 and 562 Hill Street; and the property along both sides of Beech Street and on the northwesterly side
of Hill Street, identified as L.R.I.S. Number 034520 ~- be read a first time. '
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto".
On motion of Councillor 'Gould
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the following properties
from "RM-l" Multiple Residential and "B-2" General Business to "1-2" Heavy Industrial classification, namely:-
55 to 67 Main Street West inclusive; 557, 567 and 573 Walnut Street; 561, 564 and 568 Walnut Street; 500 Prospect
Street; 561 and 562 Hill Street; and the property along both sides of Beech Street and on the northwesterly side
of Hill Street, identified as L.R.I.S. Number 034520 -- be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the above letter from the Planning Advisory Committee be
received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-
zoning of the property identified as L.R.I.S. Number 019133 and situated on the west side of Gault Road between
Daryl Drive and Chrismah Road, from "B-1" Local Business to "R-IB" One-Family Residential classification, to
permit the erection of a one-family home as requested by Mr. Stephen Gogan, and that no written objections were
received in this regard. No person was present at the meeting with respect to the said re-zoning.
Consideration was given to the letter from the Planning Advisory Committee, dated August 14th, 1980
which recommends that the said property be rezoned from "B-1" Local Business to "R-IB" One-Fa.'l1ily Residential.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of ,Saint John and Amendments Thereto", insofar 'as 'it concerns re-zoning property situated on the west
side of Gault Road between Daryl Drive and Chrismah Road (L.R.I.S. Number 019133), from '''B-1'' Local Business to
"R-IB" One-Family Residential classification, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property situated on the west
side of Gault Road between Daryl Drive and Chrismah Road (L.R.I.S. Number 09133), from "B-1" Local Business to
"R-IB" One-Family Residential classification, be read a 'second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed re-zoning be received and filed.
(Deputy Mayor M. Vincent withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the bid of Glenwood
Construction Ltd., in the amount of $8,843.00, be accepted for renovations to the City Road Armoury building,
being the lowest bid received.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that as recommended' by the City Manager, the contract for
Greendale Storm Sewer Construction be awarded to the low tenderer, Fairvale Construction Ltd., in the amount of
$84,940.00.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted for
payment of the fOllowing invoices', namely:-
Grove Construction Ltd. - supply of gravel
Metro Construction (1978) Ltd. - supply of asphalt
July 9-15, 1980
August 13-19, 1980
$ 6,194.90
$ 46,591. 83
~
4_26
"'l
,. . .
Llttle RIver Brldge
,
Westmorland Road
'Gordon Holmes
'Spar Cove Rd
'Metro Const Ltd.
,D. Hatfield, Ltd.
, deStecher, Miller
& Law Ltd.
, Market Square
project
Tender accepted
"Sunrise Contractor
Ltd.
Hazen Creek Sewage
Treatment Plant
(motion tabled)
On motion of Councillor Gould
Seconded by Councillor A. Vincent
RESOLVED that the joint report from the City Manager and
Commissioner of Engineering and Works, regarding Council's re~uest that an inspection be made of the
Little River Bridge and in particular the guiderails along the bridge, advising that an inspection was
-carried out and the guiderails were found in good shape, however, pedestrian railings along the bridge
had missing pieces and this work will be carried out promptly; and further advising that this bridge has
been the subject of rebuilding by the Department of Transportation and hopefully a fUrther report can be
made on this matter when information is received from the Provincial Department, be received and filed.
.
Mr. MacKinnon advised that the Provincial Department of Transportation was prepared to replace
the above bridge at the present location approximately two years ago and a decision was made at that time
by Council and staff to delay such replacement in order that it could be constructed in the new location I
of the McAllister Extension. Councillor A. Vincent, chairman of the Land Committee, asked that staff
meet with the Committee regarding property required for the McAllister Drive Extension.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Project Engineer, regarding the 1980 capital 'program work on Westmorland
Road, advising that the length of construction is 3,200 feet extending from Kilburn Avenue to Ellerdale
Street and presently a detour is set up at KilbUrn Avenue and Margaret Street during construction hours,
however, Westmorland Road is opened to traffic after working hours; that during construction from Margaret
Street to Ellerdale Street, the detour at Margaret Street will be moved back to Ellerdale Street still
allowing a free flow of traffic down Ellerdale to Westmorland Road via Kilburn Avenue and again these
detours will be lifted at night; and that a public announcement appeared in the local newspaper and aired
over radio stations advising, the general public of the construction project -- be received and filed.
1
(Councillor Denton withdrew from the meeting)
On motion of Councillor Landers
.
Seconded by Councillor Gould
RESOLVED that the joint report from the City Manager, Commissioner
of Engineering and Works, and Design Engineer, in reference to a letter to Common Council from Mr. Gordon
A. Holmes on the scope and schedule of the work on Spar ,Cove Road, advising that the work which is now
being carried out involves curb 'and sidewalk repairs, installation of a catchbasin, handrail construction
and road resurfacing, however, widening of the Belleview-Spar Cove Road intersection as requested by-Mr.
Holmes cannot be done due to the difference in elevation between the two roads; further advising that'
when City staff examined the site prior to construction, Mr. Holmes approached staff and requested additional
work such as guide rail and drainage of the pond on Belleview Avenue and rock removal and sidewalk repairs
in front of his house, however, he was told that this is not feasible due to the reasons outlined; and in
regard to the schedule of work, it is common practice that City crews pull in and out depending on the
various conditions of the s9hedule -- be received and filed and a copy be forwarded to Mr. Holmes.
I
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be
granted for payment ,of the following invoices, namely:-
Metro Construction (1978) .Ltd. - supply of asphalt
D. Hatfield, Ltd. - (Works Dept.) equipment rental
August 6-12, 1980
July 16-31, 1980
$ 41,217.31
$ 46,498.48
On motion of Councillor GoUld
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, approval be given
,for payment of the accounts received from deStecher, Miller & Law Ltd., in the total amount of $9,335.21,
for professional services regarding the North End Urban Renewal Scheme, outlined as follows - the approval
of the Partnership for payment of these accounts having been received:- Appraisal Residential Site,
Market Square - $2,733.64; Appraisal Hotel Site, Market Square - $4,323.55;' Appraisal Site "C", Dock and
Union Streets - $1,139.01; Appraisal Site "D", South Market Wharf - $1,139.01.
.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that Council be supplied with an up-to-date itemized
report within thirty days on the total costs of the Market Square project to date, including any fees
outstanding at this time.
1
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of
Sunrise Contractors Ltd., in the amount of $81,300.00, be accepted for new headworks for the Hazen Creek
Sewage Treatment Plant, being the lowest tender received, and that the Mayor and Common Clerk be authorized
to execute the contract in this regard.
I'
Councillor Wayne stated it was her understanding that Sunrise Contractors Ltd. ,was no longer in
business in the City. The Mayor stated he has been advised that if the said firm submitted a tender in
this regard they are in business legally.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table pending a
further report from staff.
.
Question being taken, the tabling motion was carried with Councillor Gould voting "nay".
Councillor MacCallum asked that Council also be supplied with a list of the officers and directors
of the firm being recommended for the above contract.
~
""
:427
.
Neighbourhood
Improvement
Program
,
I
I, ' American Water
, Works Assoc.
Tender accepted
On motion of Councillor Wayne
Seconded by Councillor Landers
~ESOLVED that the joint letter from the City Manager, Commissioner of
Community Planning and Development, and Chief of Rehabilitation Services, advising that the Neighbourhood
Improvement Programs in the North'End and South End are both scheduled for completion by December 31st, 1980
and under the new plan for these areas it was agreed by the respective citizen committees and representatives
of the three levels of government that the following changes would take place: (1) the closing of that portion
of Metcalf Street which runs between Holly Street and Cunard Street, as indicated on the submitted plan, to
enable the extension of Victoria Square southward to the boundary line of the proposed senior citizens develop-
ment being carried out in the Alexander School, which closure will further enhance the beauty of Victoria
Square and provide easy access to the Square by the residents of the new development; and (2) the closing of
that portion of Britain Street which runs between Charlotte Street and Sydney Street, as indicated on the
submitted plan, as requested for the extension of the Block 10 area, which enlarged Block 10 area has proven to
be of great need in the area and will provide the only extensive recreation area in the South End -- be received
and filed and authority be granted for the necessary advertising for the closing of that portion of Metcalf
Street lying between Holly and Cunard Streets, and that portion of Britain Street lying between Charlotte and
Sydney Streets.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended in the joint letter from the City Manager,
Commissioner of Engineering and Works, and Chief Engineer of Water and Sewerage, the City of Saint John invite
the Atlantic Canada Section of the American Water Works Association to hold their 1982 conference in Saint
Jo~~, and that the City contribute $2,000.00 towards the cost of a luncheon or banquet in this regard.
On motion of Councillor Elliot
.' Salt
,Canadian Salt C . Engineering and Works, the
and stacking of 6,000 tons
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager and Commissioner of
tender of Canadian Salt Co., in the amount of $20.08 per ton for the supply, delivery
of highway salt, with delivery to be completed before October 1st, 1980, be accepted.
I
, Tender accepte
Grove Const.Lt
Demo Ii ton:
, 16 Barker St
.
Marsh Creek
,Bridge
I
Marsh Creek
Flood Damage
,
Agreement
I
.
, Agreement
Board of
School
Trustees
ll....
Councillor Elliot expressed his disappointment that the firm locating in' Sussex
~ompetitive tender in this regard. The Mayor suggested that it might be in order for the
this matter to the manager of the Fundy Region Development Commission.
did not submit a
City Manager to refer
On motion of Councillor Gould'
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager, submitting a report with
respect to the asphalt situation, be received and filed.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
Prior to adoption of the above motion, the Mayor stated that the above action does not preclude any
further questions of the Council members regarding the supply of asphalt, which can be considered at the next
meeting of Council.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the tender of Grove
Construction Ltd., in the amount of $1,643.00, be accepted for demolition of the building located at 16 Barker
Street, being the lowest tender received.
Councillor A. Vincent referred to the condition being created on Rockland Road, adjacent to properties
located at 216 and 218 Rockland Road, which properties were recently purchased by the City. Mr. Johnson reported
that following demolition of the building at 216 Rockland Road, the building located at 214 Rockland Road
suffered from water run-off and it was necessary to create a berm to prevent this problem. Councillor A.
Vincent suggested that the area should be levelled.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager, submitting a letter
received from the Honourable Wilfred Bishop, Provincial Minister of Transportation, regarding the action that
will be taken by the Province of New Brunswick with respect to ~onstruction of the Marsh Creek Bridge, be
received and filed.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the City Manager be requested to submit an up-to-date
report at the next meeting of Council on the Marsh Creek Flood Damage Reduction Agreement, including funding
and projects under the Agreement which have not been finalized.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the City Manager be requested to arrange a meeting with
the Provincial Minister of Transportation as soon as possible, regarding any plans fDr repairs to the present
structure, pending construction of the Marsh Creek Bridge.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, the submitted
Agreement on the development and improvement of SchOOl/Park facilities in the City of S~int John, between the
City, School Board and the Provincial Department of Education, be approved, and that authority be granted for
the Mayor and Common Clerk to exeucte the Agreement on behalf of the City.
The Mayor suggested that the above matter should be considered for the information of delegates who
will be attending the next meeting of the Cities of New Brunswick, to be held in 3aint John on October 3rd and
4th, for the benefit of other municipalities.
428
"""IIIl
Planning Advisory
Committee
'Community Planning
Act
re-zoning
zonIng By"Laii
Saint John Regional
, Hospital
Prop: University
Ave.
Committee of Whole
,
Mayor's Secretary
, Unio_n,_ c'., Local 48
Patricia Dickie
Can. Interprovin":
" cial Highland
Dancing Cham-
pionships
Saint John Transit
Commission
'Canada Wire & Cabl
Ltd.
\
Mayor's Secretary
railway crossing
~ Canada Wire & Cabl
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the City Solicitor regarding council'S'"
request for'an opinion with respect to the powers of the Planning Advisory Committee to approve a temporary
development and thereby affect conditions attached to zoning under Section 39 of the Community Planning
Act, advising that he has examined the Community Planning Act and the Zoning By-Law and it is his opinion
that Section 34(3)(h) of the Act and Section 5(2) of the By-Law do not give the Planning Advisory Committee
the power to change conditions attached to a zoning under Section 39 of the Community Planning Act and
that the power of the Advisory Committee to grant a "temporary development" which is otherwise prohibited,
is a general power which does not override a specific provision;' as well, the granting of a "temporary
development" isa zoning matter as opposed to affecting conditions of a zoning; further advising that in
the particular case which raised the question for an opinion, he has examined the relevant correspondence
and discovered that the re-zoning was not under Section 39 (at that time Section 19A) and the resolution
made no reference to imposing'conditions; consequently, ,the recent authorization by the Planning Advisory
Committee of a "temporary development" was a proper matter for approval by the Committee -- be received
and filed.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the 'by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns amending Schedule "A" of
the Zoning Map of the City of Saint John, by fe-zoning the site of the Regional Hospital now under
construction off University Avenue (L.R.I.S. Number'434233), from "p" Park to "IL-2" Major Institutional
classification, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
I
--
I.
--
Councillor Elliot suggested that consideration should be given to a policy that where a change
enacted by the City in the Zoning By-Law results 'in the zoning of a property not being in conformity with
the use, as in the above instance, that a required zoning change to correct such situation would be
initiated by the City. .
Read report of the Committee of the Whole
(as follOWS)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
report s
Your Committee begs leave to repor.t that it sat on August 18th, 1980 when there were present
Mayor Lockhart and Councillors Denton, Green, Knibb; Landers; MacCallum, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
That 'approval be
of Public Employees,
Clerk authorized to
given to a Letter of Agreement between the City of'Saint~ohn and the Canadian
Local 486, pertaining to the position of Mayor's Secretary and the Mayor and
execute the necessary document.
1.
Union
Common
2. That the request from Mrs. Patricia Dickie, 1980 Provincial organizer for the Canadian Inter-
Provincial Highland Dancing Championships, for financial assistance regarding attendance at the said
championships in Calgary, 'Alberta, be received and the amount of $500.00 approved.
3. That as recommended by the City Manager, ,authority be granted for the Mayor and Common Clerk to
execute a deed conveying'to the Saint John Transit Commission a portion of the land received from Canada
Wire and Cable Limited comprising three parcels.
Saint John, 'N. B.,
25th August, 1980.
Respectfully submitted,
(sgd.) A. R. W.Lockhart,
Chairman.
(Councillor GoUld withdrew from the meeting)
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that section l'of the above report be adopted.
I
.
In reply to a query of Councillor Landers as to
section 1 of the above report and why the change has been
clarification of the transfer of the Mayor's Secretary to
Committee, and until such time as the position of Mayor's
agreement, it remains although not filled.
the necessity for the agreement referred to in
made, the Mayor stated that the change requires 'I
another department as secretary of the Bicentennial
Secretary is negotiated out of the collective I
~
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Wayne
Seconded by Councillor Knibb
, RESOLVED that section 3 of the above report be adopted.
Councillor A. Vincent referred to a letter to be considered later in the meeting from CP Rail
regarding a rail crossing at the Fairville Boulevard property to be used as a transit garage, and he
asked what provision the Commission is making for such crossing. Councillor Wayne, a member of the
Transit Commission, advised that this matter was discussed at a recent meeting of Commission, and that
the matter has also been brought to the attention of City staff, and is finalized. Mr. Rodgers stated
that he has not examined the matter of any problems the transfer of the above property to the Commission
may create regarding the said railway crossing.
(Councillor Gould re-entered the meeting)
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
I
-
.
~
,..
429
.
'CP Rail
,
, Counc. Knibb
I
Right to Work
Manifesto
'\
1
\ Unions
.
1
No-strike
clause
" Poland
.
1
'Loch Lomond
Shopping Mall
Parking
. Counc. Elliot
I
<: '(' q
.' I I u~
I By-law re
\ \ pool halls &
billiard pare
lours
'City Solicitor
. Six Cities of
, New Bruns.
Freedom of "
Information
, legislation
.....
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. E. T. Sadler, Superintendent of CP Rail,
regarding a private crossing serving the Canada Wire and Cable Limited plant on Fairville Boulevard, and in view
of the City of Saint John having purchased the property in question, asking that the City confirm that the
private crossing is still required, be referred to the City Manager for discussion with the Saint John Transit
Co~nission, and report to Council.
Read a letter from Councillor Knibb advising that at this meeting of Common Council immediately before
Labour Day, it is surely appropriate that the Council address itself to recent labour unrest, which is disrupting
the economy of our City and ,noting five instances that in the past six months have affected the right to work of
others not involved in the dispute, and further advising that, accordingly, he will move the following Right to
Work manifesto - (1) the Common Council of the City of Saint John affirms its recognition of the right of
employees to bargain collectively in legally recognized unions; (2) Common Council affirms the right of all
citizens to pursue their talents in gainfUl employment both for the fulfillment of their own happiness, and for
the productive wealth of the community; (3) Common Council condemns the recent picketing of industries and work
places which are removed ,from and unrelated to that labour dispute; (4) Common Council will take all necessary
steps to prevent labour dispute by insisting on a no-strike clause in its upcoming projects designed to provide
work for the unemployed and prosperity for the City of Saint John, namely:- Market Square Civic Centre, Saint
John Transit bus garage on the Golden Mile, sports facilities for the Canada Summer Games, the new Hospital
expressway, the rebuilding of historic Saint John in the City Centre; and (5) Common Council appeals to all
citizens of good will at this time of economic hardship to temper their expectations of higher pay with the
realization that full employment and the good life can only be achieved through hard work. Strikes destroy
wealth - they do not create money for employees. The letter concludes by pointing to the value of the trade
union movement by reminding of the valiant effort of workers in Poland to gain basic democratic rights from a
totalitarian communist government.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the~ommon Council of the City of Saint John affirms its
recognition of the right of employees to bargain collectively in legally recognized unions.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that Common Council affirms the right of all citizens to pursue
their talents in gainfUl employment both for the fulfillment 'of their own happiness, and for the productive
wealth of the community.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that Common Council condemns the unlawful picketing of
industries and work places which are removed from and unrelated to that labour dispute.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that Common Council will take all necessary steps to prevent
labour disputes by negotiating a no-strike clause in its upcoming projects, designed to provide work for the
unemployed and prosperity for the City of Saint John, namely: Market Square Civic Centre; Saint John Transit bus
garage on the Golden Mile; sports facilities for the Canada Summer Games; the new Hospital expressway; and the
rebuilding of historic Saint John in the City centre.
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that Common Council appeals to all citizens, labour and
management, of good will at this time of economic hardship to temper their expectations of higher pay with the
realization that full employment and the good life can only be achieved through hard work.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that Common Council recognize the valiant efforts of workers in
Poland to gain basic democratic rights from a totalitarian communist government.
Question being taken, the motion was carried with CoUncillor Gould voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the'letter from Councillor Elliot advising that some time
ago Council directed that the owner of the Loch Lomond Shopping Mall be instructed to take steps to eliminate
parking on the lawns bordering their parking lot and opposite the Bank of Montreal, and noting that cars are
still parking on the said lawns -- be referred to the City Manager for a report in two weeks' time on what has
been done to implement Council's directive in this regard.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the City Solicitor be instructed to prepare a by-law with
respect to the regUlation and licensing of pool halls and billiard parlours pursuant to authority given by the
Municipalities Act, and further that the said by-law be submitted to the Common Council for approval as soon as
possible.
On motion of Councillor MacCallum
Seconded by Councillor WaYne
RESOLVED that the Six Cities of New Brunswick be requested to study and
make representation to the Legislative Assembly with respect to the enactment of Freedom of Information legisla~~,:
tion for municipalities.
430
Rev. D. A. Dryer
Human Development
, Council
Saint John Youth
Project
Re-zoning
'Happy Wheels Ltd
prop: Highmeadow
Park'Road Ext.
Resignation
'Wm. F. Campbell
"Power Commission
\C.O.I.L.
, Curbs
'North End Urban
Renewal Scheme
\
C.M.H.C.
~
Read a letter from Reveren Dr. anle ryer, ecre ary 0 e uman eve opmen OunCl
advising that the following motion was adopted by the said Council, namely: "Whereas the Saint John Youth
Project has been in operation for two and one half years and has successfully demonstrated its value to
the community and whereas the ,community has expressed its strong support for the project and whereas the
funding of the Project by the Federal Solicitor General's,Department will be, terminated by the end of
December, 1980, and whereby the Saint John Youth Project needs to secure financial funding over a longer
period of time in order to do long term planning, it was moved that:, (1) the City of Saint John be asked
to assume financial responsibility for both the civilian and Police component of the Saint John Youth
Project; and (2) the City of Saint John be asked to estabiish an appr~priate committee to considerothe
recommendation set. out in the 1979 Annual Reports of David Wilton, Civilian Co-Ordinator and Dr. Robert
Chanteloup, Research Director of the Saint John Youth Project. It was noted that Reverend Dryer was
present at the Council,meeting.
.
On motion ,of Councillor,Elliot
I
Seconded,by Councillor Wayne
RESOLVED that permission be granted for Reverend Dryer to be heard
at this time.
(Councillor Landers withdrew from the meeting)
Reverend Dryer spoke of the success of the Youth Project to date, and expressed the desire that
the Project be continued and expanded. The Mayor thanked Reverend Dryer for his comments.
I
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the recommendation of the Human Development
Council that the City of Saint John be asked to assume, financial responsibility for both the civilian and
Police component of the Saint John Youth Project, be approved in principle and that the City Manager be
requested to report to Council in this regard, following discussion with the Human Development Council and
Council's Protection Committee.
On motion of Councillor Elliot
.
Seconded by Councillor Wayne
RESOLVED that the recommendation of the Human Development Council
that the City of Saint John be asked to establish an appropriate committee to consider the recommendation
set out in the 1979 annual reports of ' David Wilton, Civilian Co-Ordinator and Dr. Robert Chanteloup,
Research Director of the Saint John Youth Project, be referred to the Nominating Committee.
(Councillor Landers re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the application of Happy Wheels Ltd., submitted by
Mr. Willard M. Jenkins, solicitor, for re-zoning of property situate at Highmeadow Park Road Extension to
facilitate the construction and operation of a roller skating rink, be referred to the Planning Advisory
Committee for a report and recommendation and that authority be,granted for the necessary advertising in
this regard.
I
On motion of Councillor A.' Vincent
Seconded by Councillor MacCallum
RESOLVED that the resignation of Mr. William F. Campbell as a
member of the Power Commission be accepted and Mr. Campbell be thanked for his services while a member of
the said Commission, and that the matter of a vacancy on the Power Commission be referred to the Nominating
Committee.
Prior to adoption of ' the above resolution, Mr. MacKinnon reported, that the ramping of new curbing
being installed at City Road and Haymarket Square was omitted due to an oversight, and that such ramps had
been included in the design plans' for the area, and the matter, has since been corrected and two ramps are I
now in place at this location. Councillor A. Vincent noted that there is a provision in the specifications_
for tenders for concrete work, which are to close this week, for the installation of such ramps when _
concrete curbing is being installed.
On motion of Councillor Elliot
Seconded by Councillor A. ,Vincent
RESOLVED that an item with respect to amending Council's reso-
lution of May 20th last regarding the loan provisions for work under the extension of the North End Urban
Renewal Scheme, be added to the agenda and considered at this time.
I
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager. and the Deputy
Commissioner of Housing and Renewal Services, Common Council resolution of May 20th, 1980 which approved a
request to Canada Mortgage and Housing Corporatation to extend, loan provisions of the agreement to cover
66 2/3% of the actual costs of work under the extension of the North End Urban Renewal Scheme, after
deducting therefrom all Federal and Provincial grants and recoveries in connection with the Urban Renewal
Scheme, be amended by deleting the words "from the original loan amount of $2,864,328 for an increase of
$1,471,946, to a total of $4,336,274." and inserting the words "from the original loan amount of $2,864,328.
for an increase of $2,161,694 to a total of $5,026,022". " "
~
,..
4'31
.
Unions. I. \
Crane Canada L
fire hydrants
L E GAL
S E S S I o N
1 "
Kenneth Trainor
I
.
Theft
City-owned
buildings'
I
.
1
1
,C.M.H.C.
Restoration
of building
Municipal Plan
By-Law
Prop: Cindy Lee
Street
'Lloyd Paul
.
Plan. Adv. Com.
lil....
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. David J. Hachey, President, Inter-
national Association of Machinists and Aerospace Workers, No. 835, located at the McAvity Plant of Crane Canada
Inc., expressing concern that the City of Saint John has embarked on a programme of installing fire hydrants
that are not of local manufacture, be placed on the agenda of the Council meeting to be held on September 8th,
for consideration at that time.
Preceding the regular meeting, the Council met in Legal Session.
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the joint letter from the City Manager and Commissioner of
Finance regarding the late Kenneth G. Trainor, advising that as a result of their reconsideration of the claim
by 11rs. Trainor for the group life insurance benefit to be based upon a full disability, Mutual Life have
decided to pay the additional amount of insurance, namely, $6,000.00 plus interest to July 1st, 1980, amounting
to $2,776.71, and that a cheque for $8,776.71 has been received by the City and was passed to the solicitor for
Mrs. Trainor on July 21st, 1980, be received and filed.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Anne M. Byrne, solicitor for Mrs.
Marie Trainor, regarding a situation which arose during her period of negotiations with the City of Saint John
regarding her claim with respect to her husband's penionand life insurance policy, be referred to the City
Manager for a report.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from Mrs. Marie A. Trainor advising that she
feels she is entitled to recover costs with respect to her claim regarding her late husband's life insurance
coverage, be referred to the City Manager for a report.
Mr. Rodgers reported that no official transcript is being prepared by the courts regarding a recent
case previously discussed by Council involving alleged theft of material from City-owned properties on Rockland
Road, however, a tape of the proceedings has been made available to his office, and the transcript is presently
being prepared.
On motion
The meeting adjourned.
~
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eighth day of
September, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Elliot, Gould, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Community Planning, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissioner of Engineering,
C. E. Nicolle, Director of Recreation and Parks, J. F. Ross, Chief of
Police, J. Johnson, Building Inspector, R. E. Thompson, Chief of
Rehabilitation Services, D. French, Director of Personnel, and G. Soucy,
Labour Relations Officer
Councillor Elliot offered a prayer which opened the meeting.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that minutes of the meeting of Common Council, held on August
25th last, be confirmed.
Mr. McDermott reported on a meeting to be held in the Admiral Beatty Hotel on September 11th next
regarding the rehabilitation of buildings in Saint John, which meeting is being jointly sponsored by the City
and Canada Mortgage and Housing Corporation.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of property situated at the southeast corner of Cindy Lee Street and Bonita Avenue (L.R.I.S. Number
55000160), by: (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan to designate
the land as District Centre Commercial instead of its current Low Density Residential designation, and (b) re-
zoning the said property from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to
permit erection of a 30-foot by 50-foot two-storey addition to the existing building for the use of storage for
the convenience store and the creation of apartment units, as requested by Mr. Lloyd Paul, and that no written
objections were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated August 14th, 1980,
which recommends that the said property be re-zoned from "R_2" to lIB_2" subject to a resolution of Council
pursuant to Section 39 of the Community Planning Act, providing for the following: (a) the use of the property
432
"III
Municipal Plan
By-Law
Prop: Cindy Lee St
re- zoning
Zoning By-Law
Prop: Cindy Lee St
re-zoning
conditions
Municipal Plan
ByeLaw
Prop: Drury Cove
,Ernie!,s Home
Improvement
Plan. Adv. 'Com.
"
Elizabeth Cann
shall be restricted to a convenience (retail) store and apartments; and (b) that prior to the issuance of
a building permit, the applicant shall submit to and receive the approval of the Deputy Commissioner of
Planning for a plan showing building and lot layout, parking, landscaping and other appropriate features.
.
The applicant, Mr. Lloyd Paul, was present at the meeting and stated he is prepared to abide by
the recommendations of the Planning Advisory Committee regarding the proposed expansion, which is required
for additional storage space and for security for the convenience store. In reply to a query of Councillor
Wayne, Mr. Paul stated that he has no intention of establishing a take-out facility at this location.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto"; by amending Schedule 2-A, the Future Land
Use Plan to reclassify property situated at the southeast corner of Cindy Lee Street and Bonita Avenue
(L.R.I.S. Number 55000160) from Low Density Residential to District Centre Commercial, be read a first
time.
1
Read a first time the by-law entitled, ."A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto". '
On motion of CoUncillor Gould
I
Seconded by Councillor Wayne
, RESOLVED that ,the by-'law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify property situated at' the southeast corner of Cindy Lee Street and Bonita Avenue
(L.R.I.S. Number 55000160) from Low Density Residential to District Centre Commercial, be read a second
time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor A. Vincent
.
Seconded by Councillor Gould
, RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property situated
at the southeast corner of Cindy Lee Street and Bonita Avenue (L.R.I.S. Number ,55000160) from "R-2" One-
and Two-Family Residential to "B-2" General Business classification, subject to a resolution of Council
pursuant to Section 39 of the Community Planning Act, providing for the following: (a) the use of the
property shall be restricted to a convenience (retail) store and apartments; 'and (b) that prior to the
issuance of a building permit, the applicant shall submit to and receive the approval of the Deputy
Commissioner of Planning for a plan showing building and lot layout, parking, landscaping and other
appropriate features, be read a first time.
Read a first time the by-law entitled, "A Law,to Amend, the Zoning By-Law of the City of Saint 1
John and Amendment~ Thereto".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property situated
at the southeast corner of Cindy Lee Street and Bonita Avenue (L.R.I.S. Number 55000160) from "R-2" One-
and Two-Family Residential to "B-2" General Business classification, subject to a resolution of Council
pursuant to Section 39 of the Community Planning Act, providing for the following: (a) the use of the
property shall be restricted to a convenience (retail) store and apartments; and (b) that prior to the
issuance of a building permit, the applicant shall submit to and receive the approval of the Deputy
Commissioner of Planning for a plan showing building and lot layout, parking, landscaping and other
appropriate features, be read a second time.
Read a second time the by-law entitled', "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the said amendments be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of a parcel of land comprising 3.25 acres, located on the eastern' side of Rothesay Road,
R approximately 800 feet north of Drury Cove Road (L.R.I.S. Number 55008171) and identified by civic number
1110 Rothesay Road, by (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development
Plan to designate the land as Light Industrial instead of its current Low Density Residential designation,
and (b) re-zoning the said parcel of land from "RS-2" One- and Two-Family Suburban Residential to "I-I"
Light Industrial classification, to permit the erection of a 40-foot by 60-foot steel domed building to
be used for the storage of landscaping equipment material and vehicles, as requested by Ernie's Home
Improvement Ltd., and that no written objections were received in this regard.
I'
Consideration was given to the letter from the Planning Advisory Committee, dated August 27th,
1980 advising that the above-noted application was considered by the Committee and tabled at its last
meeting pending the submission of further information, and since the next Committee meeting will be held
the day following the public hearing scheduled by Common Council the Committee would request that no
decision be reached on this matter until the Council has reviewed the Committee's report.
I
Mrs. Elizabeth Cann, a resident of Brookville, was present at the meeting on behalf of area
residents, and presented a prepared brief in opposition to the proposed re-zoning. The brief refers to
various sections of the Comprehensive Community Plan, and suggests that the Brookville area, which runs
from the underpass at Rothesay Avenue to the overpass located near Paul's Flower Shop, is an ideal area
to be conserved, under the guidelines of the Comprehensive Community Plan regarding condition of houses,
aintenance of houses, pre-1930 building; and predominately owner-occupied residences. She noted that
heir area fits the conservation plan in all instances, and the Plan states that all other non-residential
.
~
,..
~33
,":;
.
I
\ Ernest Jones
1
Plan. Adv. Com
.
Municipal PIa
By-Law
Prop: Loch
Lomond Road
I
, NBR Holdings
Ltd.
Plan. Adv. Com.
.
Loch Lomond
Villa
R. J. Gillis
1
1
Plan. Adv. Com.
.
lil....
uses that are not compatible with residential areas by virtue of their functional requirements and characteristics
shall be excluded from those areas designated for residential neighbourhood uses. She stated that the Plan
warns against increasing "ribbon development" or "highway commercial" such as is located along Rothesay Avenue
and it is the intent of the Plan that no further extension of the areas so designated be permitted until the
existing land available for this purpose is substantially used up. Mrs. Cann suggested that there are other
areas in the City more suitable for the needs of Mr. Jones, the applicant, and noted that the Plan stresses the
need for a buffer zone between commercial and residential areas to maintain the quality of life, and the residents
suggest that the underpass and the off and on ramps at the end of the Throughway make a natural buffer zone
bet"een the commercial development on Rothesay Avenue and the residential area on the old Rothesay Road. Re-
garding the traffic volume in the area, Mrs. Cann stated she has been advised by the City's Traffic Engineer
that the 1979 report shows 11,000 vehicles use this Road daily, and she suggested that a successful business in
this area woUld compound the traffic hazards. Noting that a portion of the land ,under consideration is located
partly in the Marsh Creek flood plain area, and as there are already serious flooding problems in the area, Mrs.
Cann asked that Council be guided by the Comprehensive Community Plan in this request, that areas zoned residen",~8:
tial remain residential, that the City conserve the older residential areas, that ribbon development be pre-
vented, that the natural buffer be protected, and avoid adding to an already hazardous situation, that the added
strains on Police resources by placing a commercial establishment in a residential area be avoided; that adding
flooding problems by adding more, development in the Marsh Creek flood plain be avoided; and finally, that the
Citl' assist Mr. Jones in locating a suitable property in another area of the City.
Mr. Ernest Jones was present at the meeting and spoke in support of his proposal to erect a steel-
domed building to be used for the storage of landscaping equipment material and vehicles. He stated that the
land under consideration is suitable for his needs due to the natural brook which he requires in his business as
a landscaper and gardener; that he will be using only a portion of the property, probably 150 feet by 150 feet,
with the remainder of the property to remain in its natural state and used for the storage of trees and shrubs;
that the location is close to the interchange of the Throughway and that he only has three vehicles in his
operation, and rents any additional equipment he requires.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as requested by the Planning Advisory Committee, no
decision be made regarding the above proposed amendments pending a report and recommendation from the Planning
Advisory Committee.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the above letter from the Planning Advisory Committee be
received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of properties containing 6.88 acres on the northern side of Loch Lomond Road, opposite Jean Street
(L.R.I.S. Numbers 316144 and 323360), by (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal
Development Plan to designate the said land as District Centre Commercial instead of its current Low Density
Residential designation, and (b) re-zoning the said properties from "R-2" One- and Two-Family Residential and
"RM-l" Multiple Residential to "B-2" General Business classification; and to the proposed Zoning By-Law amend-
ment by'adding~intensive recreational facilities, including roller rink and bowling alley, to Part XV, to permit
construction of a 50,625 square foot commercial recreational facility containing a roller skating rink, bowling
alley, restaurant and sporting goods store, as requested by N B R Holdings Ltd., and that no written objections
were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated August 27th, 1980,
advising that the above application was considered by the Committee on August 26th, 1980 and many letters were
received in opposition to the proposal and a number of , persons attended the meeting to make similar suggestions,
and it is the Committee's recommendation that the proposal not be approved.
The following persons were present at the meeting and spoke in opposition to the proposed development:
Mr. Thomas Jarrett, representing the Board of Directors and residents of Loch Lamond Villa, who stated that he
has a petition signed by 300 residents of the complex in support of his brief; Mrs. John F. Anderson, a resident
of Ellerdale Street; Mr. James Fennell, 181 Ellerdale Street; and Mr. Frank Rusling, 123 Loch Lomond Road. The
objections outlined by the said presentations related to (a) increased traffic and noise; (b) adverse effect on
Loch Lomond Villa and its residents; (c) could lead to other commercial uses in the area; (d) loitering and
vandalism by youth; and (e) devaluation of residential property values.
Mr. R. J. Gillis, solicitor, appeared on behalf of the applicant and outlined details of the proposal,
which is estimated to cost $1.5 million, will employ 25 to 30 persons on a fUll-time basis, will increase the
City's tax base, and provide employment during the construction period, in addigion to serving the needs of the
comnlunity. Mr. Gillis advised that following a prior application for this facility, the plans were reviewed in
an attempt to alleviate the concerns expressed by the area residents and the parking lot has been changed to
provide that the closest parking space to the Loch Lomond Villa complex is now 260 feet. He cited the advantages
of this location for such a facility, and advised that Mr. John Large, architect, was also present at the
meet.ing on behalf of the developer.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Committee, the
proposal of N B R Holdings Ltd. for the construction of a 50,625 square foot commercial recreational facility
containing a roller skating rink, bowling alley, restaurant and sporting goods store on properties containing
6.88 acres on the northern side of Loch Lomond Road, opposite Jean Street, not be approved.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the above matter be laid on the table until the fUll Common
Council is present.
Question being taken, the tabling motion was lost with Councillors Elliot, Gould, MacCallum, M. Vincent
and Wayne voting "nay".
"nay".
Question being taken, the motion was carried with .Councillors Knibb, Landers and A. Vincent voting
434
..,
Municipal Plan
By-Law
Prop: St. Catherine
Street
.... Service Coin Ltd.
Plan. Adv. Com.
Zoning By-Law
re-zoning
Prop: St. Cather in
Street
re-zoning
conditions
Municipal Plan
By-Law
,
Street: Boars Head
Road
Stanley Gardens Ltd
On motion of Councillor Gould
~_J :.'
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee
regarding the above matter be received and filed.
.
(Councillor Gould withdrew from the meeting)
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of a parcel of land comprising 33,600 square feet with a frontage of 364 feet on the western
side of St. Catherine Street (L.R.I.S. Number 304709), by (a) amending SchedUle 2-A, the Future Land Use
Plan of the Municipal Development Plan to designate the ,land as Light Industrial instead of its current
Highway Commercial designation, and (b) re-zoning the said property from "RM-l" Multiple Residential to
"I-I" Light Industrial classification, to permit the erection of a 7'2-foot by 32-foot two-storey brick
veneer building to be used as office and storage space for servicing of coin operated machines, as
requested by Service Coin Ltd., and that no written objections were received in this regard. No persons
were present with respect to the proposed amendments.
I
Consideration was given to the letter from the Planning Advisory Committee, dated August 27th,
1980 which recommends that the said property (L.R.I.S. Number 304709) be redesignated in the Municipal
Development Plan from Highway Commercial to Light Industrial and be re-zoned from "RM-l" to "I-I",
subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act providing
for the following: (a) the use of the site shall be restricted to storage and maintenance of coin-operated
machines; (b) the prohibition of outside storage; (c) the submission by the applicant and approval of the
Deputy Commissioner of Community Planning of a' building; ,landscaping and,parking plan; and (d) external
signage being approved by the Deputy Commissioner of Community ,Planning.
I
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Munici-
pal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future
Land Use Plan to reclassify a parcel of land comprising 33,600 square feet with a frontage of 364 feet on .
the western side of St. Catherine Street (L.R.I.S. Number 304709) from Highway Commercial to Light,=
Industrial, be read a first time.
'"
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", ,by amending Schedule 2-A, the Future Land
Use Plan to reclassify a parcel of land comprising 33,600'square feet with a frontage of 364 on the
western side of St. 'Catherine Street (L.R.I.S. Number 304709) from Highway Commercial to Light Industrial,
be read a second time.
I
Read a second time the by-law entitled, ,"A Law to Amend the Municipal ,Plan By-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning,a parcel of
land comprising 33,600 square feet with a frontage of 364 feet'on the western side of St. Catherine
Street (L.R.1.S. Number 304709) from "RM-l" Multiple Residential to "I-I" Light Industrial classification,
subject to a resolution of Council ,pursuant to Section 39 of the Community Planning Act, providing for
the following: (a) the use of , the site shall be restricted to storage and ,maintenance of coin-operated
machines; (b) the prohibition of outside storage; (c) the submission by the applicant and approval of the
Deputy Commissioner of Community Planning of a building, landscaping and parking plan; and (d) external
signage being approved by the"Deputy Commissioner of Community Planning, be .read a first time.
.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Elliot
Seconded ,by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land
comprising 33,600 square feet with a frontage of 364 feet on the western side of St. Catherine Street
(L.R. 1. S. Number 304709) from "RM-l" Multiple Residential to "I-I" Light Industrial classification,
subject to a resolution of Council pursuant to Section 39 of the Community Planning Act, providing for
the following: (a)' the use of the site shall be restricted to storage and maintenance of coin-operated
machines; (b) the prohibition of outside storage; (c) the submission by the 'applicant and approval of
the Deputy Commissioner of Community Planning of a building, landscaping and parking plan; and (d) external
signage being approved by the Deputy Commissioner of Community Planning, be read a second time.
1
Read a second time the by-law entitled, '''A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
I
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the Planning Advisory Committee
regarding the said amendments be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to amending
Schedule 4-A, the Street Plan, and subsection 4.3.3 of the Municipal Development Plan, so as to remove
Boar's Head Road from its present designation as a "collector street" to permit subdivision and development
of lots fronting on Boar's Head Road, as requested by Stanley Gardens Ltd., and that no written objectiong
were received in this regard.
.
.,..
<>
.....
,...
,~55
Consideration was given to the letter from the Planning Advisory Committee, dated August 27th, 1980
which recommends that the designation of Boar's Head Road be changed from a "collector street" to "local
street" in the Municipal Plan.
.
Roderick MacKenzie Mr. Roderick W. MacKenzie, solicitor, appeared on behalf of Stanley Gardens Ltd. and stated that the
~_,~,Stanley Gardens said company intends to initially develop 55 acres of their property containing 125 acres of land in this area,
Ltd. which will allow for 243 building lots, with the balance of the subdivision to be developed at a later date.
He stated that the requested amendment will allow direct access from each individual lot as opposed to reverse
frontage lots.
~I
Municipal Plan
By-Law
Street: Boars
Head Road
'I
.
Gerard Clancy
,Animal Rescue
League
Dog By-Law
I
\ D. Hatfield Ltd
'Metro Const Ltd.
. Fairvale Const .11
, Ltd.
'Keel Const. Ltd!
.
Asphalt Plant
Iv
Tender accepted
'Sunrise Contrac~
tors Ltd.
I
Dante Foriere
Maria Foriere
John B. Leamon
Hazen Creek
, Sewage Treat-
ment Plant
.
(motion lost)
~
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal 'Plan By-
Law of the City of Saint John and Amendments Thereto", by amending Schedule 4-A, the Street Plan and subsection
4.3.3 to change the designation of Boar's Head Road from a "collector street" to "local street", be read a
,first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 4-A, the Street Plan and
subsec'tion 4.3.3 to change the designation of Boar's Head Road from a "collector street" to "local street", be
read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from the Planning Advisory Committee regarding
the said amendment be received and filed.
Mr. Gerard Clancy, Manager of the Animal Rescue League, was present at the meeting at the request of
Council, and replied to queries of the Council members regarding the operation of the said Animal Rescue
League. Mr. Clancy spoke of suggestions he had previously made for improvements in the Dog By-Law, and in
reply to a query of the Mayor replied, that he did not submit such suggestions for consideration of the Council.
The Mayor referred to statements made by Mr. Clancy in a recent radio programme, in which Mr. Clancy stated
that he had the answers to the dog problems in the City. Mr. R. Turnau, President of the Animal Rescue League,
was also in attendance at the meeting, Following lengthy discussion, the Mayor invited Messrs. Clancy and
Turnau to meet with the City Manager and Chief of Police on Friday, September 12th next at 2 p.m., to discuss
mutual problems.
(Councillor Gould re-entered the meeting during the foregoing discussion)
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoices, namely:-
D. Hatfield, Ltd. - (Works Dept.) equipment rental
Metro Construction (1978) Ltd. - supply of asphalt
- ,supply of asphalt
Fairvale Construction Ltd. - equipment rental
Keel Construction Ltd. - equipment rental
August 1-15, 1980
August 20-26, 1980
Aug. 27-Sept. 2, 1980
July 1-18, 1980
August 11-21, 1980
$ 51,356.43
$ 46,003.94
$ 37,949.98
$ 7,344.00
$ 5,400.00
During consideration of the above matter, Mr. MacKinnon provided information regarding rejected
asphalt (which amounted to one load) and breakdowns in the asphalt plant during the period covered in the above
invoices. Councillor Elliot suggested that a record should be kept of "down time" of such plant, for future
reference. Mr., MacKinnon stated that any problems which have occurred at the asphalt plant would in his
opinion be normal operating problems which can occur with breakdown of equipment and material, and any problems
are being solved between the contractor and staff as they occur. In reply to a query of the Mayor, Mr. MacKinnon
outlined the steps which have been taken by his department to ensure tighter control with regard to the use of
asphalt towards the end of each work shift.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding a recommenda-
tion that the tender of Sunrise Contractors Ltd., in the amount of $81,300.00 be accepted for new headworks for
the Hazen Creek Sewage Treatment Plant, being the lowest tender, which was tabled at Council's meeting of
August 25th pending a further report from staff, including the list of officers and directors of the firm being
recommended, advising that Sunrise Contractors Ltd. has its head office in Saint John at 15 Foriere Drive, the
President is Dante Foriere, Secretary-Treasurer is Maria Foriere, and Director is John B. Leamon, and recommend~
ing that ,the previous recommendation be lifted from the table and the Mayor and Common Clerk be authorized to
execute the contract, be received and filed and the recommendation adopted.
Councillor Elliot noted that a previous problem which had been encountered by the City involving
Sunrise Contractors Ltd. had been broached at the last Council meeting, however, this matter has not been
referred to in the letter from the City Manager.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table pending a further
report from the City Manager.
Question being taken, the tabling motion was lost with the Mayor and Councillors Gould, Knibb,
Landers and A. Vincent voting "nay".
Mr. McDermott stated that he feels there is another file in this matter which should be looked at
prior to a decision of Council in this regard. Mr. MacKinnon provided details of the contract undertaken by
~
.
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Church of Jesu
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ter Day Saint
" ,.....
~I
Loch Lomond,
\ Shopping Mal
parking
-I
'Market Square
Urban Renewal
.
I Progress
payments
Marlin Court,
, .
Bell Manor Drl
Dominion Park,
Woodhaven Dr.
Storm Sewer
'Que-Mar Const Ltd.
,Fairville Blvd
. Molson Ave,
Mountain Road,
Indust. Drive
Storm Sewer
, Que-Mar Const.
, King Edward 3.
I' School Renovat' ns
'Shamrock Realty
Ltd.
1-
Tenders accepte
,Paul's Trucking
& Demo. Co. Lt
Prop:
185 Rockland R
.
Water problems
Canon Street
lil.....
Question being taken, the motion was lost with the Mayor and Councillors Knibb, MacCallum, A. Vincent
and Wayne yo:t~ng_."!,~y". ,
_,.1". '.O......L -c J ..__.....;!. .__.....
()R}l!Q~~9,n "f C01lI!cil~()r ~. Vincent
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to meet with representatives
of the Church of Jesus Christ of Latte~ Day Saints to attempt to find an uptown location, other than King
Square, to exhibit information and provide leaflets concerning their church.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager with regard to Council's
request for a report on what progress has been made to create an appropriate buffer between parking on the
pr~perty of Loch Lomond Mall and the adjacent residents, advising that in February Council requests that some
action be taken and since that time the City Manager's Office has been in touch with the manager of Loch Lomond
Shopping Mallon several occasions to request that the Mall might as a matter of good public relations, plant
trees or erect some other appropriate buffer for the adjacent private property, and the Mall manager has said
that the request would be given consideration, however, it should be pointed out that the parking is taking
place on Loch Lamond Shopping Mall property which is properly zoned for such a use, and the Mall is not in
violation of any City by-law -- be received and filed.
Question being taken, the motion was c'arried with Councillor MacCallum voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding Council's request
for a breakdown of all Market Square acquisition costs to date, as well as a breakdown of appraisal fees,
advising that the submitted detailed breakdown includes not only the acquisition costs, but also the costs
associated with acquisition, including demolition, relocation, appraisal fees, negotiating fees, legal fees and
accounting fees, which costs have been approved by, the Urban Renewal Partnership and authorized for payment of
Council; and ,advising that further details of all these costs are available for Council's review at any time, be
laid on the table.
In proposing the above motion, Councillor A. Vincent stated that he wished to obtain additional
information regarding the Market Square costs. The Mayor suggested that Councillor A. Vincent meet with the
City Manager and advise him of the information he is requesting.
Question being taken, the tabling motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificates, namely:-
1.
Marlin Court, Bell Manor Drive, Dominion Park,
Woodhaven Drive Storm Sewer
Que-Mar Construction Ltd.
Supply and install storm sewer
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated August 20, 1980 Final Holdback Release
2.
Fairville Boulevard, Molson Avenue, Mountain Road,
Industrial Drive Storm Sewer Construction
Que-Mar Construction Ltd.
Current budget allotment
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended ,for payment, Progress Estimate
dated August 20, 1980 Final Holdback Release
d
$ 75,245.78
75,245.78
Nil
72,988.41
Number 5,
$ 2,257.37
King Edward School Renovations
Shamrock Realty Limited
Original estimated value of contract
Total work done, Estimate Number 6
Retention ,
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 4, 1980 Partial Holdback Release
$ 143,300.00
135,956.19
4,078.69
ll5,562.76
6,
$ 16,314.74
Councillor Elliot abstained from voting on the above motion due to a conflict of interest.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that'the letter from the City Manager, dated September 8th, 1980,
recommending that the low bid as submitted by Paul's Trucking & Demolition Company Ltd., in the amount of
$3,250.00, be accepted for demolition of property located at 185 Rockland Road; and advising that the purchase
of this property by the City of Saint John will not be finalized until late October or early November and the
low bidder, Paul's Trucking & Demolition Company Ltd., has agreed to wait and hold his price until such time as
.the contract can be awarded, be laid on the table pending a complete report from the City Manager.
Question being taken, the tabling motion was carried.
Councillor A. Vincent referred to water running from the site of a property recently demolished on
Canon Street, down Harris Street and onto Paradise Row. He stated that he had asked City staff earlier this
date to have the water shut off, and he now asks that someone from staff accompany him to the site.
(Councillor A. Vincent withdrew from the meeting)
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~39
.
Re-zoning
conditions
I
1
.
MacKnight
'Motors Ltd.
I
Re-zoning
, Moosehead
Breweries Lt
pfalJ. Adv. Com
, . ~.." T I
re- zoning
conditions
Bayview Credit
Union
.
MuniCipal Plan
By-Law
Moosehead
Brewery
Iprop: 55-67 Main;
557-571 Walnut;
562,564,568 " ;
500 Prospect ;
561 &566 Hi 11 St
_ re-zoning
Moosehead
Brewery
rop: 55-67 Main;
577,567,571 WaIn
562,564,568 ";
500 Prospect;
561,652 Hill Sts;
re-zoning
condi tions
.
..
AND FURTHER that pursuant to Section
condition that the developer, MacKnight Motors
following:
39 of the Community Planning Act, the said re-zoning be on
Ltd., enter into an agreement with the City providing for the
(1) that the cars and parts between Ashburn Road and the existing trailers be removed within 22 months from the
time the new storage area (clay pit) has been rehabilitated by the City;
(2) that no structure be located closer to Ashburn Road than the presently existing trailers;
(3) that an area for future buildings be set aside northeast of the existing trailers and the proposed 26-foot
by 26-foot prefab building;
(4) that a six-foot high solid fence (with one foot opening at bottom) be erected along the west limit of the
property from the rock escarpment to Ashburn Road, along Ashburn Road for a distance of about 150 feet, and
thence in a perpendicular line to the rock escarpment, with the fencing being completed by the fall of 1981;
(5) that a customer parking area be provided between the fencing on Ashburn Road and the buildings;
(6) that a storage area be established, taking advantage of the topography and tree cover, which will not be
visible from the Throughway and the residential area on Jones Drive; and that no substantial tree cutting or
grading take place which would have the effect of making the salvage and storage operations more visible to
neighbouring properties;
(7) that all new deliveries of junked vehicles to the site be temporarily received in an area behind the
building and then moved to the approved storage area;
(8) that the existing storage areas and roadways be completely phased out within 12 months from the time the
new storage area (clay pit) has been rehabilitated by the City;
(9) that no access to the site be permitted off Jones Drive and MacKnight Motors be required to use the Company's
internal road system; and
(10) that the agreement not be signed by the City until the owner has deposited a performance bond in the
amount of $5,000.00.
Question being taken, the motion was carried with the Mayor and Councillor Landers voting "nay".
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that staff be instructed to withdraw the application presently
before the courts for an order under Section 94 of the Community Planning Act with respect to MacKnight Motors
Ltd.
Read a letter from the Planning Advisory Committee, dated August 27th, 1980 regarding the application
of Moosehead Breweries Limited for a Municipal Plan amendment and re-zoning of several properties for expansion
purposes, recommending that the subject properties be redesignated in the Municipal Development Plan from
District Centre Commercial and Low Density Residential to Heavy Industrial and re-zoned from "B-2" and "RM-l"
to "1-2" subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act providing
for: (a) the submission of a revised building and lot layout plan indicating, amongst other matters, the
following: (i) no portion of the proposed structure shall be closer than 7 feet from Main Street; (ii) land-
scaping being..prpvided between the building and Main Street; (ill) the building be finished in materials and
colour similar to the existing building; (iv) vehicle access to the development being acceptable to the City's
Traffic Engineer; (b) the written consent of Bayview Credit Union for the re-zoning of its property situated at
55 Main Street (West); and (c) the re-zoning of 55 Main Street (West) to revert to its existing "B-2" zoning in
the event that the sale of the property to Moosehead Breweries is not completed.
It was noted that in view of a letter on the agenda of this Council meeting from Bayview Credit Union
Ltd., recommendations (b) and (c) as contained in the above letter from,the Planning Advisory Committee are not
now required.
On motion of Councillor M. Vincent
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify the following properties from District Centre Commercial and Low Density Residential to Heavy
Industrial, namely:- 55 to 67 Main Street West inclusive; 557, 567 and 571 Walnut Street; 562, 564 and 568
Walnut Street; 500 Prospect Street; 561 and 566 Hill Street; and the property along both sides of Beech Street
and on the northwesterly side of,Hill Street, identified as L.R.I.S. Number 034520 -- be read a third time and
enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend~
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the following properties
from "RM-l" Multiple Residential and "B-2" General Business to "1-2" Heavy Industrial classification, namely:-
55 to 67 Main Street West inclusive; 557, 567 and 571 Walnut Street; 562, 564 and 568 Walnut Street; 500
Prospect Street; 561 and 562 Hill Street; and the property along both sides of Beech Street and on the northwest~~
€rly side of Hill Street, identified as L.R.I.S. Number 034520 -- be read a third time and enacted and the
,
Corporate Common Seal affixed thereto:
AND FURTHER that in accordance with Section 39 of the Community Planning Act, the re-zoning be on the
following condition: (1) the submission of a revised building and lot layout plan indicating, amongst other
matters, the following: (i) no portion or the proposed structure shall be closer than 7 feet from Main Street;
(ii) landscaping being provided between the building and Main Street; (iii) the building be finished in materials
and colour similar to the existing buildings; and (iv) vehicUlar access to the development being acceptable to
the City! s Traffic Engineer.
The by-law entitled, "A Law to Amend the Zoning By-Law of the' City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
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lo...
Ot~
,
441
,
. David ,L,:Hache
Crane Can~da
Ltd.
Union
fire hydrants
I
I
re-zoning
Automatic
" ing Ltd
Prop: Bay St
Vend
S. Ali ce Neal
Grant
. Reg'd Nursing
'. Assistants
'H. L. Thomas
. Cushing Park
I,
Liquor license
The Executive
Club Ltd.
LEG A L
S E S S ION
'Market Square
Agreements
.
, Brunswick Sq
, Parking Comm.
III 'Counc. Landers
1
City Solicitor
'Byron Ackroyed
trial
'F. Baleman
,N.B.E.P.C.
facility
.
....
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. David J. Hachey, President, International
Association of Machinists and Aerospac~ Workers, No. 835, located at the McAvity Plant of Crane Canada Inc.,
expressing concern that the City of Saint John has embarked on a programme of installing fire hydrants that are
not of local manufacture, be received and filed and the City Manager respond to the said letter, with an
explanation of the City's actions in this regard.
Prior to adoption of the above resolution, Mr. MacKinnon provided details of the delays experienced by
the City in receiving delivery of fire hydrants from the said firm. He noted that the said hydrants are no
longer manufactured by this firm in the City, but are assembled here.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that a meeting be arranged within the next three weeks
between City staff and representatives of the above Union, and any interested Council members, to provide the
said Union with factual information regarding the above matter.
On motion of Councillor Wayne
property
and that
Seconded by Councillor Gould
RESOLVED that the application from Automatic Vending Ltd. for re-zoning of
on Bay Street, R.R. #7, be referred to the Planning Advisory Committee for a report and recommendation,
authority be granted for the necessary advertising in this regard.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from Mrs. S. Alice Neal requesting financial
assistance regarding the Provincial annual meeting of Registered Nursing Assistants to be held in Saint John on
May 21st and 22nd, 1981, be referred to the grants committee.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Mr. H. L. Thomas, 441 Cushing Street,
regarding the use of Cushing Park as a play area, be referred to the City Manager for a report and recommendation.
On motion of Councillor Gould
Seconded by Councillor MacCallum
RESOLVED that the notices from the Liquor Licensing Board advising
that the applications of The Executive Club Ltd. for a special premises recreational license regarding premises
located at Service Mall, Westmorland Place, and Chesley Place Limited for a lounge license regarding premises
located on Chesley Drive at Main Street, will be heard by the Board on Friday, September 5th, 1980, be received
and filed.
Preceding the regular meeting, the Council met in Legal Session.
Messrs. D. Buck and Lawrence Machum, solicitor, were present at the meeting during discussion of the
proposed Market Square complex. Mr. McDermott advised that the agreements respecting this project are available
in his office for viewing by any interested Council members. He stated that he had asked Mr. Machum to attend
this meeting to discuss with the Council members the summary which had been forwarded to the Council for infor-
mation at this meeting of documents to which the Market Square Corporation is a party. Mr. Machum outlined the
said documents, which will require execution at the appropriate time, as follows: Master Agreement; Central
Building Complex Agreement; Central Building Complex Housing Agreement; Central Building Complex Lease; Expan-
sion and Additional Facilities Agreement; Union Street Office Site Lease; Urban Renewal Sites Trust Declaration;
and Water Street Office Site Lease. Following discussion, the Mayor advised that September 18th has been tenta-
tively scheduled for execution of the required agreements in this regard. Mr. McDermott asked that the item
scheduled for discussion at the open session of Council this date regarding Market Square, be withdrawn. He
advised that the Market Square agreement will be executed by the Federal Government on September 11th. Messrs.
Buck and Machum withdrew.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from Councillor Landers regarding the use of the
former parking facility associated with Brunswick Square on Germain Street, advising that it was agreed by the
Parking Commission and the partnership of Brunswick Square that when the new parking garage on Chipman Hill was
completed that they would no longer use the top two floors of Brunswick Square for parking, however, for the
last five weeks there have been in excess of 60 cars per day parking in that facility -- be referred to the City
Manager for a report.
Question being taken, the motion was carried with Councillor Landers voting
" "
nay .
On moti~n of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Solicitor submitting the
transcript of a criminal trial inVOlving Byron Ackroyed, as requested at a recent meeting of Council, advising
that he has reviewed the transcript and can find nothing in the way of comments by the Judge which reflects upon
the integrity or honesty of City employees, be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that evidence given by Mr. F. Baleman regarding goods from
demolition of the former N.B;E.P.C. facility, as contained in the above transcript, be referred to the Chief of
Police for examination and a report to Council.
Councillor A. Vincent noted that during the said trial, several Police officers were summoned ~as
witnesses but were' never called upon to give testimony.
On motion
The meeting adjourned.
.~
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Gt.~
~
4.,~3
. ,
,:
..Os
. , scale
Landfill site
Howe Richardson
'Scale Co.
1
- Counc. Landers
,Maritime Sanita
tion Services
Ltd.
Conflict of
interest
incineration
\ system
I
,
E. G. Drake
Lane ..
.
"
Tender"accI'Pte
\Fairvale Const.
'" Ltd., ,
watet'-&Csewer
const.
I
Tender accepte
\ Metro Const
(1978) Ltd
'Dorchester St
'Queen St
Tender accepted
Sunrise Contrac:
,
tors Ltd.
Hazen Creek
'Sewage Treat-
ment Plant
. Mr & Mrs
Jeffries
I
I'H. L. Thomas
'Cushing Park
.
Marsh Creek
, Flood Damage
Reduction Are
Agreement
...
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that as recommended in the joint letter from the City Manager,
Commissioner of Engineering and Works, and Deputy Commissioner of Works, authority be granted for the conversion
of the scale at the landfill site to automatic by Howe Richardson Scale Company, in the amount of $5,639.00 plus
taxes.
At this time the Common Clerk read a letter from Councillor Ralph Landers, dated September 15th, 1980,
advising that on September 1st, 1980 he started a new position with Maritime Sanitation Services Ltd., as
General Manager of Operations and Sales for New Brunswick, which company is involved in commercial and indus-
trial garbage disposal systems, and as this company uses the Lorneville landfill site, which is operated by the
City of Saint John, on a daily basis, he would like the record to show that he has declared his interest and did
not vote or take part in discussions regarding the above item. The letter states that it will be Councillor
Landers' policy that he will not take part in any vote pertaining to the City of Saint John's landfill site.
Councillor A. Vincent asked what progress has been made to discontinue the use of the above landfill
site and call for proposals for an incineration system for the City. Mr. McDermott replied that the City will
still require a scale, regardless of the location, and that in the next two months staff is planning to come up
with a proposal which will be forwarded to consultants regarding an incineration system.
Councillor Landers abstained from voting on the above motion.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding a request
considered at Council's meeting of June 2nd, 1980 from Mr. E. G. Drake, 378 Balmoral Crescent, that the lane
between Balmoral Crescent and Russell Hill Road be closed, advising that this lane was improved and paved some
,years ago by the City at the request of residents of Russell Hill Road in order to make left turns safer from
Balmoral Crescent to Russell Hill Road because of the blind hill on Balmoral,Crescent and the litter and other
nuisances referred to by Mr. Drake would cause less problem if the road was not there to park on, but safety for
the residents of Russell Hill Road is a more important consideration, and that the Police Department is being
requested to monitor the nuisance and speeding situation -- be received and filed and no ,action be taken to
close the said lane.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the contract for
Crescent Lake, Holly Street, Summit Drive water and sewer construction, ,be awarded to the low tenderer, Fairvale
Construction Limited in the amount of $75,145.00.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, the tender of Metro
in the amount of $59,880.50 be accepted for Dorchester Street reconstruction and
and that the Mayor and Common Clerk be authorized to execute the contract.
Construction
Queen Street
(1978) Limited,
retaining wall,
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager regar,ding a recommendation
that the tender of Sunrise Contractors Ltd., in the amount of $81,300.00 be accepted for new headworks for the
Hazen Creek Sewage Treatment Plant, being the lowest tender received, which had been further tabled at Council's
meeting of September 8th, 1980 with the request that the City Manager provide Council with appropriate material
regarding a previous problem encountered with the recommended firm, advising that the problem occurred on the
Crescent Avenue contract carried out by the said firm in 1975 and the main problem involved damages outside the
easement area, which the contractor's insurers denied on the grounds that the damages sustained were not acci-,
dental in, nature and ~ holdback of $779.83 was retained by the City until February 1978 when it was released as
the contractor had fully performed his obligations under his contract with the City; advising that the easement
acquisition from Mr. and Mrs. Jeffries, one of the landowners, as outlined in the letter, is still outstanding
and Council resolved to expropriate, for the second time, on November 19th, 1979; listing contracts the recom-
mended firm has carried out for the City, all of which have been carried out'to the satisfaction of the Works
Department; further advising that because of questions raised in Council further inquiries were made concerning
the firm's financial responsibility, and the Commissioner of Finance is satisfied in this regard; and recom-
mending that the matter be lifted from the table, and that the contract be awarded to Sunrise Contractors Ltd.,
and the Mayor and Common Clerk be authorized to execute the contract -- be received and filed:
amount
tender
AND FURTHER that as recommended by the City Manager, the tender of Sunrise Contractors Ltd., in the
of $81,300.00, be accepted for new headworks for the Hazen Creek Sewage Treatment 'Plant, being the lowest
received, and that the Mayor and Common Clerk be authorized to execute the contract in this regard.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
,~o;.r..'.
On motion of Councillor Knibb
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager with regard to the letter
considered at Council's September 8th meeting from Mr. H. L. Thomas concerning the use of Cushing Park as a play
area, advising that the Recreation and Parks Department's view is that this area has always been a passive park,
and that areas designed for active recreation, such as Seaside Park and Havelock School groUnds, are quite
handy; further advising that the Police Department's Youth Division officer in this area has been contacted and
he is prepared to discuss this matter with the school children involved; and recommending that Cushing Park
continue to be primarily a passive recreation area -- be received and filed and the recommendation adopted.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager with regard to Council's
request that the City Manager look into establishing an ongoing maintenance program for the area encompassed,by
the Marsh Creek Flood Damage Reduction Agreement, advising that to date many of the costs the City has incurred
to clean out the Creek and tributaries have been cost-shared under the Agreement and this year only a small sum
has been budgeted to maintain what has been done; further advising that staff are investigating the possibility
of additional cost-sharing for a maintenance program for the balance of 1980 and a proposal will be made for
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\ Municipal Plan
By-Law
Prop: St.
Catherine St
Service Coin
, Ltd.
, Zon i ng By- Law
I
St. Catherine
Street
re-zoning
condit ions
.
I' Saint John
Housing Com.
N.B. Protestant
, Orphans' Home
.
I
R~ception
The Kids on the
Block"
I ,Cities of New
Brunswick
.
Il....
The by-law entitled, "A Law to Amend the Zoning By-Law ,of the City of Saint John and Amendments
Thereto" was 'read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", be amending SchedUle 2-A, the Future Land Use Plan to
reclassify a parcel of land comprising 33,600 square feet with a frontage of 364 feet on the western side of
St. Catherine Street (L.R.I.S. Number 304709) from Highway Commercial to Light Industrial, be read a third time
and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments
:'J'hereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land comprising
33,600 square feet with a frontage of 364 feet on the western side of St. Catherine Street (L.R.I.S. Number
304709) from "RM-l" Multiple Residential to "I-I" Light Industrial classification, be read a third time and
enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning be on the
following conditions: (a) the USe of the site shall be restricted to storage and maintenance of coin-operated
machines; (b) the prohibition of outside storage; (c) the submission by the applicant and approval of the
Deputy Commissioner of Community Planning of a building, landscaping and parking plan; and (d) external signage
being approved by the Deputy Commissioner of Community Planning.
The by-law entitled, "A Law to Amend the Zoning By-Law Df the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Read 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 begs leave to report that it, sat on August 18th, 1980 when there were present Mayor
Lockhart and Councillors Denton, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and Wayne, and your
Committee submits the following recommendation, namely:-
1. That the sum of $10,000.00 be made available to the Saint John Housing Commission or Saint John Non-
Profit Housing Incorporated to have conceptual plans developed for the buildings now existing at the New
Brunswick Protestant Orphan's Home on Manawagonish Road.
Saint John, N. B.,
15th September, 1980.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the above report be received and filed and the recommenda-
tion contained therein be adopted, with such funds to be in the form of a grant.
Councillor MacCallum, Chairman of the Saint John Housing Commission , noted that on June 30th last
the Provincial Government agreed to withhold action on proposals for the above property for ninety days, to
allow the City of Saint John to make a submission in this regard.
Read report of the Committee of the Wh61e
(as follows)
"(;
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on September 8th, 1980 when there were present Mayor
Lockhart and Councillors Elliot, Gould, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and Wayne, and your
Committee submits the following recommendations, namely:-
1. That authority be granted for the City of Saint John to host a reception following the performance
"The Kids on the Block" which deals with communication and the disabled child, such performance to be held at
Bayside Junior High School on November 6th, 1980.
2. That the Council committee arranging the Cities o~ New Brunswick meeting to be held in Saint John on
October 3rd and 4th, be empowered to proceed with the necessary expenditures regarding such meeting.
Saint John, N. B.,
15th September, 1980.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that section 2 of the above report be adopted.
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9tf
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';4~7
.'.- .
.
Agreement
Stimulation
Grant
Marsh Creek
Flood Control
pro j ect
"I
Corrections
, Service Canada
I
'Cann, El izabeth
Brookville,
\
Torryburn
.\. Walkathon
'-.. Right to Life
Organization
I
re- zoning
Jos. A. Likely
"\ Ltd.
"\ Carvell Pit
, "\ Petition
, Cliff St
Parking
.
LEG A L
S E S S ION
I
, Cit)tManager_'
\ Terms of
reference
Expenditures
, Ci ty Solicitor
\ Carvell Pit
I, Jos.
A. Likely
Ltd.
.
....
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that authority be granted fDr the MaYDr and CDmmon Clerk tD
execute the Stimulation Grant Agreement with the Province of New Brunswick, in the amount of $300,000.00, for
the fiscal year 1980-81, which ,amount represents the estimated one-third Provincial share, plus the one-third
Federal share required for the Marsh Creek Flood Control project for this fiscal year.
In reply to a query of Councillor Gould, Mr. McDermott advised that the City is hoping to obtain
funds from the present Canada Works programme and the Provincial make-work programme for the cleaning of Marsh
Creek.
On motion of Councillor Wayne
Seconded by Councillor Gould
, RESOLVED that the letter from Eleanor King, Parole Service Officer,
advising that Corrections Service Canada, Department of Solicitor General, is sponsoring a Criminal Justice
Forum to be held for the Saint John area on November 6th and 7th, 1980 and that a general meeting will be held
on September 22nd to discuss issues identified, and to priorize and select issues for the Forum agenda, be
referred to Council's Protection Committee for a reply.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that, the letter from Mrs. Elizabeth A. Cann, 1133 Rothesay Road,
advising that the residents of Brookville and Torryburn request that the construction of sidewalks and road
improvements be given consideration for inclusion in the capital budget for the year 1981, be referred to the
budget committee for consideration.
On motion of Councillor Wayne
Seconded by Councillor MacCallum ,
RESOLVED that the letter from Florence van den Enden, Walkathon
Convenor, Right To Life Organization, advising that in connection with the International Year of the Family,
the National Alliance for Life, in conjunction with their 120 pro-life groups across Canada, is holding a
nationalwalkathon on Saturday, September 27th, 1980, 8 kill from the Manawagonish Mall, Manawagonish Road, to
King Square, be received and filed and approval be given to the said walkathon, subject to the said group
receiving the approval of the Chief of Police.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the application of Joseph A. Likely Ltd. for re-zoning of
the Carvell pit, ManawagonishRoad, be referred to the Planning Advisory Committee for a report and recom-
mend,ation and that authority be granted for the necessary advertising in this regard.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the petition from residents of Cliff Street requesting a
change in the parking regulations to move the restriction' limiting parking on Cliff Street to two hours, be
referred to staff for a report and recommendation.
Moved in amendment by Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that staff be requested to examine the parking regulations
in effect in the entire area of Coburg Street, Paddock Street, Cliff Street, etc.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that this meeting continue, in legal session.
Considerable discussion ensued regarding the matter of the authority of the City Manager in approving
expenditures under $5,000.00 and the engaging of consultants for various projects, as had been considered in
the open session of Council held earlier this date.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager and John L. Nugent,
solicitor, regarding the illegal excavation at the Carvell pit on Manawagonish Road, dated September 15th, 1980
be received and filed:
AND FURTHER that the following resolution be adopted, namely:-
"WHEREAS top soil has been removed from land owned by Jos. A. Likely Limited located on the south
side of Manawagonish Road, contrary to the provisions of the City of Saint John Zoning By-Law, in contravention
of the Community Planning Act:
AND WHEREAS an Order drawn pursuant to the Community Planning Act has been served upon Jos. A. Likely
Limited requiring the cessation of the removal of top soil:
THEREFORE BE IT RESOLVED that if Jos. A. Likely Limited fails to comply with the said Order the City
Solicitor or his designate be authorized to commence proceedings pursuant to the provisions of the Community
Planning Act to secure an Order from a Judge of the Court of Queen's Bench directing Jos. A. Likely Limited to
prevent the continuance or repetition of the hereinabove described contravention of the Community Planning
Act.".
During discussion of the above matter, it was noted that the trial of the matter laid by the By-Law
r'"
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~
449
.
American Water
Works Assoc
Convention
Robert Johnson
Careers' Expo
'- '80
I
III Municipal Plan
\ By-Law:.',..,
Prop: Loch Lomo
, Rd & Forier
Drive
.
" Dante Foriere
I,
Municipal Plan
By-Law
'- Prop: 555
. Grandview Ave
\ Wm. Godfrey
Plan. Adv. Com
I'
III City Solicitor
Mun. Plan By-Law
,Prop: 34-36 St.
James St
,19-29 Britain
. St
, Sal vat ion Army
Frances Leger
lil.....
Regarding the invitation of the City of, Saint John to host the 1982 American Water Works Association
convention, the Deputy Mayor read a letter from the Association advising that it has been agreed that the 1982
Atlantic Canadian Section of the American Water Works Convention will be held in Saint John.
Mr. Robert Johnson, Chairman of the steering committee of Careers ' 'Expo '80 was present at the
meeting and outlined the careers' exposition to be held by School District 20 the week of October 6th to 10th,
1980 at the Saint John exhibition grounds for approximately 7,000'Grade 9 to Grade 12 students in the greater
Saint John area. He stated that during a tour of this exposition, students will have, an opportunity to gain
first-hand information on a wide range of career opportunities from representatives of trades, industries, the
professions and the business community. He noted that this is the second exposition to be held in Saint John
and he extended an invitation to the Common Council to visit the exposition on Thursday, October 9th, between 7
p.m. and 9 p.m. He stated that the Steering Committee would request that Common Council declare the week of
October 5th to 11th, 1980 "Career Education Week" in the City of Saint John.
(Councillor Denton withdrew from the meeting)
On motion of Councillor Green
Seconded by Councillor MacCallum
RESOLVED that as requested by the steering committee of Careers' Expo
'80, Common Council declare the week of October 5th to October 11th, 1980 as "Career Education Week" in the
City of Saint John.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of a parcel of land containing approximately 2.3 acres located on the northeast corner of Loch Lomond
Road and Foriere Drive, by (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development
Plan to designate the land as District Centre Commercial instead of its current Low Density Residential desig-
nation, and (b) re-zoning the said property from "RS-l" One- and Two-Family Suburban Residential and "RM-l"
Three-Storey Multiple Residential to "B-2" General Business classification, and (c) amending the Zoning By-Law
to add roller rink as a use in Part XV, to permit the construction of a 20,600 square foot roller skating
facility, as requested by Mr. Dante Forriere, and that no written objections were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated September 15th,
1980, which recommends that the application not be approved.
Mr. C. Dwight Allaby, solicitor for Mr. Dante Foriere, was present at the meeting and asked on behalf
of Mr. Foriere that the above-noted re-zoning application be withdrawn, and advised that it is intended to
proceed with an application for're-zoning of property on Hickey Road (which application is to be considered
later in the meeting).
No other persons were present with respect to the proposed amendments.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that as requested by Mr. C. Dwight Allaby, solicitor for Mr.
Dante Foriere, the application to amend the Municipal Plan and Zoning By-Laws regarding a parcel of land
containing approximately 2.3 acres located on the northeast corner of Loch Lomond Road and Foriere Drive, be
withdrawn.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee regarding
the above matter be received and filed.
(Councillor Denton re-entered the meeting)
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of a one-acre lot identified as 555 Grandview Avenue, by (a) amending Schedule 2-A, the Future Land Use
Plan of the Municipal Development Plan to designate the property as Low Density Residential instead of its
current Heavy Industrial designation, and (b) re-zoning the said property from "I-2" Heavy Industrial to "R-IB"
One-Family Residential classification, to allow an addition to a single-family home, as requested by Mr.
William G. Godfrey, and that no written objections were received in this regard. No person was present with
respect to the proposed amendments.
Consideration was, given to the letter from the Planning Advisory Committee, dated September 15th,
1980 which advises that while the Committee does not object to an expansion of the existing dwelling and
although no objections to the proposal have been received, the re-zoning would restrict development of those
industrially-zoned properties a~jacent~tottheGsubject property and no decision should be reached which would
have the effect of restricting industrial development in this predominantly industrial area and for this
reason, the Planning Advisory Committee recommends that the application not be approved.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the above letter from the Planning Advisory Committee be
received and filed and the recommendation adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the above matter be referred to the City Solicitor for a
legal opinion at the next Council meeting.
Question being taken, the referral motion was carried with COlll1cillors Gould and Wayne voting "nay".
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of properties identified as 34 and 36 St. James Street and 19 to 29 Britain Street, by (a) amending
Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan to designate the said properties as
Major Institutional instead of its current Medium Density Residential designation, and (b) re-zoning the said
properties from "RM-l" Multiple Residential to "IL-l" Neighbourhood Institutional classification, to permit the
construction of a Men's Social Service Centre, as requested by the Salvation Army. He advised that a letter
has been received from Mrs. Frances Leger, owner of property at 38 St. James Street, advising that she has had
considerable difficulty with the administration of the Salvation Army with regard to carelessness and lack of
community pride their clientele have by throwing broken glass, cans, paper and all sorts of debris around the
area, and that to increase the number of clients and enlarge this building would increase an already disturbing
problem unless regulations regarding the above situation are adhered to; and asking for assurance that building
supplies and equiPment will not be placed in front and around her property during construction of this building
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~51
Barry Morrison
.
Mr. Barry Morrison was present on behalf of the applicant, and stated that on behalf of a group of
partners who propose to incorporate a company knoWn as Happy Wheels Ltd., he would request that in view of the
fact that the proposed amendments will not be considered by the Planning Advisory Committee until September
23rd, that their presentation in support of the application be deferred until such time as the Planning Advisory
Committee report is presented to Council.
Thomas Wetmore
\ Mr. Thomas Wetmore, 817 Highmeadow Park, was present on behalf of the residents outlined in the
petition referred to above, against re-zoning of an area of McAllister Drive for the purpose of constructing a
roller rink for the reasons as outlined. Mr. Wetmore elaborated on the objections raised by the petitioners
regarding the proposal.
I
Plan. Adv. Com.
, Angela Ward
I
Streets, 'closi
of
. By-Law
NIP
\ Metcalf St
Britain St
,
,I
.
I
I
.
~
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above proposed amendments be laid on the table pending
receipt of a report and recommendation from the Planning Advisory Committee, and that authority be granted for
Mr. Barry Morrison, representing the applicant, to make his presentation in support of the proposed amendments
at that time.
Angela Ward, 903 Highmeadow Drive, questioned uses which would be permitted if the said property was
zoned to light industrial and asked for assurance that there is no intention to place any retail establishment
at the proposed location to permit the selling of alcoholic beverages. It was noted that Council could add
restrictions to the requested use of the property. Mr. Morrison, on behalf of the applicant, stated he would
like to assure the residents that there is no intention whatsoever to place any kind of retail establishment
selling alcoholic beverages at this location.
Question being taken, the tabling motion was carried.
(Councillor Elliot re-entered the meeting)
The Common Clerk advised that the necessary advertising was completed regarding the proposed closing
of portions of Metcalf Street and Britain Street, regarding the Neighbourhood Improvement Programs in the North
End and South End, and that no written objections were received in this regard. No person was present to speak
either against or in favour of the proposed street closings.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways and portions of
highways:-
Metcalf Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being that portion of Metcalf Street beginning
at the western side of Cunard Street at its intersection with the northeastern corner of lands now or formerly
occupied by Alexandra School, said property being owned by the Province of New Brunswick; thence in a westerly
direction a distance of 199 feet more or less or to the eastern side of Holly Street; thence in a northerly
direction 50 feet more or less or to the southern side of lands now or formerly occupied by Victoria Square,
said lands being owned by the City of Saint John; thence in an easterly direction 205 feet more or less to the
western side of Cunard Street; thence in a southwesterly direction 51 feet more or less to the place of beginning.
Britain Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being that portion of Britain Street beginning
at the eastern side of Charlotte Street at its 'intersection with the northern side of Britain Street; thence in
an easterly direction 401 feet more or less to the western side of Sydney Street; thence in a southerly direction
48 feet more or less to the southern side of Britain Street; thence in a westerly direction 401 feet more or
less to the eastern side of Charlotte Street; thence in a northerly direction 48 feet more or less to the place
of beginning.
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the fOllowing highways and portions of
highways:-
Metcalf Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being that portion of Metcalf Street beginning
at the western side of Cunard Street at its intersection with the northeastern corner of lands now or formerly
occupied by Alexandra School, said property being owned by the Province of New Brunswick; thence in a westerly
direction a distance of 199 feet more or less or to the eastern side of Holly Street; thence in a northerly
direction 50 feet more or less or to the southern side of lands now or formerly occupied by Victoria Square,
said lands being owned by the City of Saint John; thence in an easterly direction 205 feet more or less to the
western side of Cunard Street; thence in a southwesterly direction 51 feet more or less to the place of beginning. I
Britain Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being that portion of 'Britain Street beginning
at the eastern side of Charlotte Street at its intersection with the northern side of Britain Street; thence in
an easterly direction 401 feet more or less to the western side of Sydney Street; thence in a southerly direction
48 feet more or less to the southern side of Britain Street; thence in a westerly direction 401 feet more or
less to the eastern side of Charlotte Street; thence in a northerly direction 48 feet more or less to the place
of beginning.
- be read a second time.
~52
,~
Dilapidated Bldg
'Prop: 18-20 Adelaide
St.
Elsie Armstrong;
Barbara Finley
Wm. C. Crawford
Dilapidated Bldg
.Prop: 71 St. James S
Harold L. Coughlan,J
Alma Landry
Daniel Landry
Emilie Johnson
Plan Adv. Com.
"
procedures, re-zonin
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and'Closing of Highways in The City of Saint John Made Under'the Authority of Section 187 of the Munici~a~itie
palities Act, R.S.N.B: 1973".
Notice ,had been sent to Elsie R. Armstrong, Mortgagor; and Barbara Finley, Executrix of William
C. Crawford, Mortgagee, to appear at this meeting to show cause, if any, why the building located at
civic number 18-20 Adelaide Street 'should not be removed or destroyed as a dangerous or dilapidated
building. Mr. Johnson displayed photographs of the said building and stated that this three-storey wood
frame building is badly deteriorated and in an unhealthy state, such that it is dangerous to the public,
and he would therefore recommend that the said building be declared dangerous and dilapidated and the
owners ,be compelled to destroy or remove the building under the'provisions of the 1925 Building Act. No
person was present with respect to the said property.
.
On motion of Councillor Gould
1
Seconded by Councillor Wayne
RESOLVED that notice having been given to Elsie R. Armstrong,
Mortgagor; and Barbara Finley, Executrix of William C. Crawford, Mortgagee, being the owners, as appears
by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic
number 18-20 Adelaide Street, in the City of Saint John, requesting that the said owners appear before
this meeting of the Common Council to show cause why the said building shoUld not be removed or destroyed
as a dangerous or'dilapidated building, and having considered the report of the Building Inspector; the
Common Council hereby,deems and declares the said building located at 18-20 Adelaide Street, in the said
City, to be dilapidated and dangerous:
I
AND BE IT FURTHER RESOLVED that the said Elsie R. Armstrong and Barbara Finley are hereby
required to remove or destroy the said building situate at C1V1C number 18-20 Adelaide Street, in the
City of Saint John, within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Elsie R; Armstrong and Barbara Finley
to remove or destroy the said building situate at civic number 18-20 Adelaide Street, in the City of
Saint John, in compliance with the reque~t of such notice, that the Building Inspector cause such work to
be done and the cost thereof recovered from the said Elsie' R. Armstrong and Barbara Finley.
.
Notice had been sent to Harold L. Coughlan, Jr., Mortgagor; Alma Landry and Daniel Landry, her
husband and Emilie Johnson, First Mortgagees; Nova Scotia Savings & Loan Company, Second Mortgagee; and
Alice Johnson, Third Mortgagee, to appear at 'this meeting to show cause, if ,any, why the building located
at civic number 71 St. James Street should not be removed or, destroyed as a dangerous or dilapidated
building. Mr. Johnson displayed photographs of the said building and stated that this three-storey brick
building has been allowed to deteriorate such that it is dangerous to the public, and he would therefore
recommend that the said building be declared dangerous and dilapidated and the owners be compelled to
destroy or remove the building under the provisions of the 1925 Building Act.' No person was present with
respect to the said property.
On motion of Councillor Gould
Seconded by Councillor'Landers 1
RESOLVED that notice having been given to Harold L. Coughlan,
Jr., Mortgagor; Alma Landry and Daniel Landry, her husband and Emilie Johnson, First Mortgagees; Nova _ _
Scotia Savings & Loan Company, Second Mortgagee; and Alice Johnson, Third Mortgagee,' being the owners, as
appears by the records of the Registrar of Deeds for the County of Saint John~ of the building located at
civic, number 71 St. James Street, in the City of Saint John, requesting that the said owners appear
before this meeting of the Common Council to show cause why the said building shoUld not be removed or
destroyed as a dangerous or dilapidated building, and having considered the report of the Building
Inspector; the Common Council hereby deems and declares the said building located at 71 St. James Street,
in the said City, to be dilapidated and dangerous:
AND BE IT'FURTHER RESOLVED that the said Harold L. Coughlan, Jr., Alma Landry and Daniel Landry,
her husband, Emilie Johnson, Nova Scotia Savings & Loan Company, and Alice Johnson are hereby required to
remove or destroy the said building situate at civic number 71 St. James Street, in the City of Saint
'John, within ten days after receiving notice to do so by the Building Inspector:
AND BE IT FURTHER RESOLVED that upon failure of the said Harold L.' Coughlan, Jr., Alma Landry
and Daniel Landry, her husband, Emilie Johnson, Nova Scotia Savings & Loan Company, and Alice Johnson to
remove or destroy the said building 'situate at civic number 71 St. James Street, in the City of Saint
John, in compliance with the request of such notice, that the Building Inspector cause such work to be
done and the cost thereof recovered from the said Harold L. Coughlan, Jr., Alma Landry and Daniel Landry,
her husband, Emilie Johnson, Nova Scotia Savings & Loan Company, and Alice Johnson.
.
It was noted that Mr. John P. Barry, Q.C., Chairman of the Planning Advisory Committee, was
present at the meeting with respect to the letter from the Committee regarding re-~oning procedures.
I:
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that Mr. Barry be heard at this time.
In his presentation to'Council, Mr. Barry noted that as stated in the letter from the Planning
Advisory Committee, the matter of existing re-zoning procedures has been considered by the Planning
Advisory Committee on a number of recent occasions and the Committee is the opinion that existing pro-
cedures can and should be improved, and the attached report from the Planning Branch was recently sub-
mitted to and approved by the Committee. The recommendations of the Planning Advisory Committee, as
submitted with their letter to Council, are as follows:. (1) that Common Council revise its re-zoning
procedures so that: (a) the application and fee are submitted to the Planning Branch; (b) after preliminary
processing of the application by the Planning Branch, Council will be requested to obtain a written
report of'the Planning Advisory Committee, authorize advertising and set the date of'the public hearing;
(c) ,the public hearing would be held and Council would have available the reports of the Planning Branch
and Planning Advisory Committee. A decision would then be rendered; (2) that in lieu of a second publica~i
tion in the press, a written notice be sent to all property owners within 300' of the land which'is the
subject of the re-zoning application. (Where an application is for an'amendment to the text of the Zoning
By-law, the alternative practise of two newspaper advertisements would be followed.); and (3) that a
brief presentation from the Planning Staff be given at the commencement of each public hearing. Mr.
Barry outlined in detail the reasons such recommendations are being. submitted by the Planning Advisory
Committee, and lengthy discussion ensued between the Council members and Mr. Barry regarding the advantages
and disadvantages of the present procedure and the procedure being recommended by the Planning Advisory
I~
.
..J
,....
""p
t""
;453
.
I
I
.
Committee. In his remarks, 'Mr. Barry noted that under Section 68 of the Community Planning Act, Council is
required to set the date for the public hearing of any re-zoning applications, which is not done at present. A
number of specific instances where the Planning staff and Planning Advisory Committee were unable to give a
matter proper study prior to the public hearing, were cited. In reply to a query Mr. Barry stated he would
estimate that the recommended procedure would only add from one to two weeks to the re-zoning process. Several
Council members expressed their approval or opposition to the recommended change in re-zoning procedure.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the present procedure for the processing of re-zoning
applications not be changed.
During ensuing discussion, Mr. Winch outlined the procedure being recommended by the Planning Advisory
Committee. Councillor Elliot referred to remarks made by Mr. Barry regarding first and second readings being
given when less than the majority of the whole Council vote on such motions, which could be legally challenged.
He stated that unless this question is clarified, he will have to vote against the motion. Mr. Rodgers stated
that the Community Planning Act states that Coun'cil must have the views of the Planning Advisory Committee
before enactment, and in his opinion enactment is when, third reading i's given, and the by-law is executed on
behalf of the City, and in his opinion there has been no illegal procedure followed in the past with respect to
enactment of Zoning 'By-Laws and the vote to be taken by Council at this time shoUld be from a policy point of
view and not on any concerns respecting legal procedUre. He stated that he feels the matter of Council specif-
ically setting a date for a public hearing does not have any bearing on the major concerns with regard to the
recommendations of the Planning Advisory Committee. Regarding the majority vote of the entire Council being
required on re-zoning matters, it was noted that such majority vote is only required when a recommendation of
the Planning Advisory Committee is not being followed, and such requirement woUld only be required on third
reading. Councillor Elliot suggested that the Act says that this is a requirement when Council does not
receive a document from the Planning Advisory Committee, and not whether Council votes against or in favour of
a Planning Advisory Committee recommendation. Mr. Rodgers stated that the question of obtaining the views of
the Planning Advisory Committee, and voting against a recommendation of the Planning Advisory Committee, are
two separate matters under the Community Planning Act.
Question being taken, the motion was carried with Councillors Elliot, Gould, MacCallum and Wayne
voting "nay".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
'Metro Const. Lt for payment of the following invoice, namely:-
Metro Construction (1978) Ltd. - supply of asphalt September 10-17, 1980 $ 39,295.38
I
'\
Tender accepte
'\ Lord Beaverbro
Rink
Bruce E. Lawso
" Contractor L
Simonds Centen
nial Rink
,Hilyard St
.
, North/South
Arterial
I
I
, Carvell pit
topsoil
By-Law Enforce-
ment Office
.,Bldg Inspector
lQ.~illi:>t-1Hlt1iy>n
pre;,:is.:s
'\ Prop: 273~275,
Charlotte St
.....
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the contract for
construction of condensers foundations at Lord Beaverbrook Rink and Simonds Centennial Rink, be awarded to
Bruce E. Lawson Contractor Limited, for the tender price of $18,150.00, being the only tender received.
(Councillor Wayne withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager with regard to Council's
request for a report on the progress being made concerning the proposed joining of Hilyard Street and Paradise
Row, advising that as a result of a meeting held on September 16th with representatives of the C.P. Properties,
Operations, and Services Deprtments, owner of the property concerned, the City has agreed to forward a plan of
the design of the road, showing the grades of the road and its relationship to adjoining C.P. properties, which
plan is being prepared by the Engineering and'Works Department, and once a tentative agreement has been reached,
a legal survey will be prepared, be laid on the table for one week and the City Manager be asked to have
further discussions in this regard.
Question being taken, the motion was carried with Councillors Elliot and Gould voting "nay".
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the letter from the City Manager submitting a summary of
properties which are to be demolished for construction of the North/South Arterial, as requested at Council's
meeting of September 15th, 1980, be received and filed.
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager regarding Council's
request of September 15th, 1980 for a report concerning the operation of the Carvell pit and the removal of
topsoil, advising that topsoil was being removed from the said pit illegally at various periods including the
last week of August and as a resUlt of information laid by the By-Law Enforcement Officer in Provincial Court,
a trial for the matter has been set for October 8th, 1980; that topsoil was still being removed during the week
commencing September 8th, 1980 and in a further effort to stop this activity, an order was served by the By-Law
Enforcement Officer on the owners of the property, Joseph A. Likely Ltd., on September 15th, 1980 to immediately
halt the removal of topsoil from the land and to prevent any repetition of such removal; further advising that
Council also gave authority for an application to the Court of Queens Bench in the event that the owner failed
to comply with the order served by the By-Law Enforcement Officer to halt removal of topsoil, however, the
owner has' complied with the order since it was served -- be received and filed.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to the request
for, a further investigation by the Building Inspector of the unsightly condition of the site of a recent
demolition at the corner of Charlotte and Harding Streets (273-275 Charlotte Street), advising that the Building
Inspector has since visited the site and his report, which states that he feels the contractor has done all
work which could reasonably be expected regarding the demolition, is submitted -- be received and filed.
~54
..,
sidewalks
sidewalks
Prop: 18-20 Adelaide
& 71 St. James Sts
consulting fees
The 500 Selection
\ Services eN. B.) Lt
~
Development & Public
Relations
eq ui pmen t
\Canada Wire & Cable
Bldg
Tender accepted
. Demolition
Prop: 185 Rockland R
North/South Arterial
\
Blanche Kashetsky
\
Paul's Trucking &
Demolition Co. Ltd.
\
Reg'd Nursing Ass'ts
Grant
,
Santa Claus Parade
Councillor A. Vincent referred to the condition in which the ,sidewalk has been left following
this demolition contract, and he suggested that such damage was caused by the contractor's equipment.
(Councillor Wayne re-entered the meeting)
.
Question being taken, the motion was carried with Councillors Green, MacCallum and A. Vincent
voting flnay".
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that photographs, showing, the condition of sidewalks
both prior to and following demolition, be taken with respect to properties located at 18-20 Adelaide
Street and 71 St. James Street, which had been ordered demolished by Council earlier in this meeting.
I
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, with regard to a
request made by Councillor MacCallum at Council's September 15th, 1980 meeting for additional information
respecting a specific consulting fee of $4995.00 paid to The 500 Selection Services (N.B.) Limited for
the purpose of conducting an executive search for a Manager, Development 'and Public Relations, advising
that additional expenses for the three finalists were incurred in the amount of $337.00 for three 'finalists
to appear before Council and submitting information of consulting fees for other consultants as mentioned
at Council's September '15th meeting, be'received and filed.
I
Question being taken, the motion was carried with Councillors MacCallum, A. Vincent and Wayne
voting "nay".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager submitting a report
on equipment stored in the former Canada Wire & Cable building, as previously requested by Council, be
received and filed.
.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with regard to
tenders for demolition of 185 Rockland Road, which had been tabled at Council's meeting of September 8th
last, advising that as Council will recall problems arose with the security of vacant buildings that the
City purchased in connection with the North/South Arterial in the period between vacant possession and
the 'start of demolition and several changes were made in procedure to improve this situation, one being
to close tenders on the day of the Council meeting, and another being to call tenders for demolition as
soon as Council had approved the purchase and prior to the agreed date of vacant possession; further
advising that purchase' of the property 'at 185 Rockland Road from Blanche Kashetsky was approved by
Council on JUly 21st, 1980 and the date of transfer proposed by Mrs. Kashetsky's solicitor was to be
August 31st, 1980 and tenders for demolition were therefore called, however, after the tendering process
was started, it was learned that Mrs. Kashetsky was not intending to give vacant possession until November
1st, 1980; further advising that normally, tenders would not be called or awarded so far in advance of
vacant possession, but in this case, as the low tenderer has agreed to hold his price until November it
would be in order for Council to award the contract but to delay execution until vacant possession has
been received -- be received and filed:
1
AND FURTHER that as recommended by the City Manager; the tender of PaUl's Trucking and Demolition
Co. Ltd., in the amount' of $3,250.00 for the demolition of 185 Rockland Road, be accepted and that the
Mayor and Common' Clerk be authorized to execute the contract as soon ,as' the City receives vacant possession.
Councillor A. Vincent asked that 'the Building Inspector have photographs taken of the sidewalk
in front of this property prior to and following demolition.
Question being taken, the motion was carried with Councillor MacCallum voting
.
" "
nay.
Read 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
I
Your Committee begs leave to report that it sat on September 15th, 1980, when there were present
Deputy Mayor M. Vincent and Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum, A. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
1. That with regard to the request for financial assistance regarding the Provincial Association
of Registered Nursing Assistants annual meeting, to be held in Saint John on May 21st and 22nd, 1981 in
conjunction with the National Association of Practical and Registered Nursing Assistants on May 19th and
20th, 1981, a grant of up to $500.00 be authorized in this regard.
I
2. That as requested by the City of Saint John Annual Santa'Claus Parade Committee, Council grant
permission to hold the 1980 Parade on Saturday, November 22nd, and that Council also underwrite, if
necessary, any costs the Committee is unable to meet, up to $1,000.00.
Saint John, N. B.,
22nd September, 1980.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that section 1 of the above report be adopted.,
.
~
,..
455
.
Plan. Adv. Co
"Clean Environ-
ment Act
\ watershed
I
Land Com.
Moosehead Brew
\. eries Ltd.
\ street closing
1
Land Com.
Prop: :'32 Barke
Purchase of
\Alonza Thibode
North/South
Arterial
.
Land Com.
Prop: 243 R6ck~
1 and Rd
Y' __Purchase' of
'1-!(jhn:JL ,WilIett
North/South '
Arterial
Land Com.
Cedar Point
Hailer Park
\ Wi 11 iam Titus
, Prop: sale of
.
Land Com.
Prop: sale of
Loch Lomond
Rd
'Jehovah's Witc
nesses
I
\ Flag
I
Bicentennial
" Committee
re-zoning
'Prop: Hickey Rd
,Dante Foriere
.
re-zoning
,Prop: 670 Char,
les St, West
'R. M. Scott Ins
Agency Ltd.
Il....
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Committee, the
Province be requested to amend the Clean Environment Act so that meaningful protection of watershed areas will
occur; and that any such new legislation be the result of dialogue between Provincial officials and representa~ivei
tives of those municipalities whose sources of water are from areas beyond their respective jurisdictions.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Land 'Committee, advising that Moose-
head Breweries Limited has requested the closing of portions of Hill Street, Walnut Street and Beech Street, as
shown on the submitted sketch, and recommending that permission be granted for the advertising of the closing
of the following streets: (a) Hill Street from its intersection with Prospect Street to the C.P.R. right-of-
way; (b) Walnut Street from its intersection with Prospect Street to the C.P.R. right-of-way; and (c) Beech
Street from its intersection with Hill Street to its intersection with Walnut Street -- be received and filed
and the recommendation adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be granted
,for the purchase of property situate at 32 Barker Street from Mr. Alonzo Thibodeau for the sum of $26,000.00,
with vacant possession to be as of the date of closing, such property being required for construction of the
North/South Arterial; that staff be given permission to call tenders for demolition of the said property; and
that the Mayor and Common Clerk be authorized to execute any and all documents related to this transaction.
In reply to a query of Councillor Wayne for information on the monies expended to date for purchase
of properties required for construction of the North/South Arterial in relation to the budget approved by
Council for such property purchases, Mr. McDermott agreed to have a report in this regard prepared by Thursday.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor' Landers
RESOLVED that the letter from the Land'Committee advising that the
property situate at 243 Rockland Road owned by Mr. John R. Willett is not required for construction of the
North/South Arterial, however, the Committee resolved that negotiations be opened with Mr. Willett to acquire
his property since there will be no vehicular access once the new road is built; and recommending that the City
purchase the property situate at 243 Rockland Road from Mr. John R. Willett for the sum of $35,000.00; that
staff be given permission to ,call tenders for demolition of the property; and that the Mayor and Common Clerk
be authorized to execute any and all documents pertaining to this transaction -- be received and filed and the
recommendations adopted.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, the sale price of Lot
No. 31 at Cedar Point Trailer Park be reduced from'$6,500.00 to $5,000.00 because of an existing storm sewer
pipe running the length of the lot and be sold to Mr. William Titus at the reduced price, and that the owner
grant an easement to the City of Saint John for the said storm sewer.
!
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, authority be granted
for the sale of property on Loch Lomond Road, consisting of approximately 2:2 acres as indicated on the sub-
mitted plan, to ,Jehovah's Witnesses for the sum of $19,000.00 under the fOllowing terms and conditions: (a)
that the vendor be responsible for all survey, subdivision, legal and all other costs involved in the transfer;
(b) that the sale be subject to the lease of the Little River Watershed to Irving Refining Ltd; and that the,
:Mayor and Common Clerk be authorized to execute any and all documents pertaining to this transaction.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the City Manager and appropriate staff begin to take the
necessary steps to have a design approved and registered as the official flag of the City of Saint John.
In discussion regarding the above matter, Mr. McDermott advised 'that a flag had been given to the
City by the Irving interests earlier in the year, however it would take approximately two years to have such
design registered as the official flag of the City. Councillor Knibb suggested that such matter could be given
to the Bicentennial Committee as a project, and he suggested another Bicentennial project could be a formal
history of the City of Saint John for the period 1884-1984.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the application submitted by Mr. C. Dwight Allaby, solicitor
for Mr. Dante Foriere, for re-zoning of property on Hickey Road, be referred to the Planning Advisory Committee
for a report and recommendation, and that authority be granted for the necessary advertising in this regard,
with the date for the public hearing by Council to be held on October 20th, 1980.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the application from R. M. Scott Insurance Agency Ltd. for
the re-zoning of property situate at 670 Charles Street West, be referred to the Planning Advisory Committee
456
"4IIl
\
Min. of Tourism
Canada Community Dev.
\. Pro gram
l
for a report and,recommendation, and that authority be granted for the, necessary advertising in this
regard, with the date for the public hearing by Council to be held on October 20th, 1980.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from Mr. J. K. McKay, Assistant Deputy
Minister of Tourism, addressed to Mayor Lockhart, submitting a summary of the Canada Community Develop-
ment Program which has a national funding of $103,500,000, of which $12,692,000 has been allocated to New
Brunswick, and advising that the deadline for applications under the ,program is September 29th, be
received and filed.
.
Councillor Elliot noted that of the total amount allocated to the Province of New Brunswick
under the Canada Community Development Program, only $100,000.00 has been allocated to the City of Saint I
John.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that a letter be written to Mr.
Saint John, expressing Council's extreme dissatisfaction with
John under the Canada Community Development Program.
Michael Landers, Member
the amount allocated to
Michael Landers, M.P. Df Parliament for
the City of Saint
\
Council meeting
D. Hatfield, Ltd
,
Chittick's (1962)Ltd
,Grove Const. Ltd
'Metro Const. (1978)Lt
equipment, rented
,
Petition
'City Line
fente ~~C:'
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the matter of Council meeting during the week of
October 13th, 1980 be placed on the agenda and considered at this time.
On motion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that nO Council meeting be held during the week of
October 13th, 1980.
Question being taken, the motion was carrted with Councillor MacCallum voting "nay".
On motion
The meeting adjourned.
~,
At a ,Common Council, held at the City Hall,in the City of Saint John, on Monday, the twenty-
ninth day of September, A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, ,Green, Knibb, Landers, MacCallum,
A: Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of , Community Planning and Development, M., Winch, Deputy ,
,Commissioner of Community Planning, J. ,C. MacKinnon, Commissioner of
Enginee'ring and Works, S. Armstrong, Deputy Commissioner of Engineering,
J. Gabriel, Deputy Commissioner of Works, C.E. Nicolle, Director of
Recreation and Parks, J. F. Ross, Chief of Police, J. Breen, Deputy Fire
Chief, J. Johnson, Building Inspector, D. French, Director of Personnel,
G. Soucy, Labour Relations Officer,and M. Hanlon, Purchasing Agent
Councillor Denton offered a prayer which opened the meeting.
On ,motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that minutes of the meeting ,of Common Council, held on
September 22nd last, be confirmed.
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that as recommended by,the City Manager, authority be
granted for payment of the following'invoices, namely:-
D. Hatfield, Ltd. - Works ,Dept., ,equipment rental September
Chittick's (1962) Ltd. - equipment rentai September
Grove Construction Ltd. - supply of gravel September
Metro Construction (1978) Ltd. - 'supply of asphalt September,
1-15,1980
1-15 j 1980
2-12, 1980
18-23,1980
$ 52,456.01
$ 7,749.76
$ 7,666.27
$15,145.51
In reply to a request of Councillor Elliot, Mr. McDermott agreed to have a summary prepared of
expenditures for rented equipment for the first three-quarters of 1980. '
On motion of Councillor Wayne
I
.
I
.
I~
:1
Seconded by Councillor Green
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, regarding the request from residents of City .
Line that a chain link fence be installed along a portion of sidewalk between Clarence and Suffolk Streets,
advising that an inspection of the site confirms the situation described in the petition as being a
picket fence from which all the pickets have been removed, loose posts leaning over, and there seems to
be an erosion problem as well and it appears that one of the parcels of land which border on the steep
area belongs to the City; further advising that the temporary solution to the problem would be to install
...,.j
,...
n- ...
'70 ~
-/
.
I
'Tender accepted
, Shamrock Const
Ltd.
C<I Carleton Com.
\ Centre
the chain link fencing, however, in order to do so it will be necessary to cut off approximately 100 feet of
sidewalk as the fence must be installed directly on the sidewalk due to the erosion problem and as there is a
sidewalk on both sides of the street, the closing of this portion temporarily should not cause great hardships,
the estimated cost for the installation of 120 feet of chain link fencing is $1,800.00; and in order to correct
the erosion problem it would be necessary to acquire enough land to install a gabion wall along the back of the
sidewalk and fill and relocate the fence, thus restoring the sidewalk; and recommending that staff be authorized
to proceed with the temporary solution as described, and refer the erosion problem for consideration under the
1981 capital works program -- be received and filed and the recommendation adopted.
(Councillor Knibb entered the meeting )
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest with respect to
the next item).
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the contract for
miscellaneous renovations at the Carleton Community Centre be awarded to Shamrock Construction Ltd., for the
tender price of $98,998.00.
(Councillor Elliot re-entered the meeting)
On motion of Councillor Green
Seconded by
Councillor M. Vincent
RESOLVED that as
sewer be awarded to the low tenderer,
'Tender accepted
, Que-Mar Const LtdRothesay',Avenue storm
\ storm sewer $67,703.00.
.'Tender accepted
,Mari time Sod Ltd
,King & Queen Sq
West
Tender accepted
,Kelson & Kelson
Ltd
\ Bldg, city-owned
I
Tender accepted
~Pierreville Fire
Trucks Ltd
. rescue unit
.
'1- ~ Progress payments 1.
! Bayside Dr.Reco~-
: 'struct~on & II
extensl0n
'Que-Mar Const Ltii '
,I North End Urban
, Renewal
Maritime Form-
, less Ltd
.North End Com- 3.
, muni ty Centre
,Rocca Const. LtG
~
On motion of Councillor Landers
recommended by the City Manager, the contract for
Que-Mar Construction Limited, in the amount of
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, Maritime Sod Limited
of Saint John, N. B., be awarded the contract for site development at King and Queen Squares West, for the
tender price of $138,293.50.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, the tender of
Kelson and Kelson Ltd., in the amount of $6,685.00, be accepted for painting work on the exterior of five
City-owned buildings located on Princess and Prince William Streets.
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending the
closing date of the call for proposals with respect to the said properties.
Question being taken, the tabling motion was carried with Councillors Gould, Green, Knibb, MacCallum
and A. Vincent voting "nay".
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of Pierre~..'
ville Fire Trucks Limited of Pierreville, Quebec, in the amount of $47,088.00, be accepted for the supply of
one rescue unit for the Fire Department, being the lowest tender received.
It was noted that the delivery for the above unit will not be until 1981, and the City Manager was
asked to ascertain if the funds will be taken from the 1980 budget approved for the purchase of equipment for
the Fire Department.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress payments, namely:-
Bayside Drive Reconstruction
and extension - Phase V
Que-Mar Construction Ltd:
Installation of services and realignment of road
Current budget allotment
Total work done, Estimate Number 8
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 24, 1980 Final Holdback Release
2.
North End Urban Renewal
Maritime Formless Limited
Construction of concrete sidewalks and curbs
Current budget allotment
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 24, 1980 Partial Holdback Release
North End Community Centre
Rocca Construction Ltd.
Current budget, allotment
Total work done, Estimate Number 12
Retention
Payments previously approved
$ 725,201. 26
725,201. 26
Nil
703,445.22
8,
$ 21,756.04
$ 34,282.63
34,282.63
1,028.48
29,140.24
2,
$ 4,ll3.9l
$ 766,320.99
766,320.99
4,456.40
736,888.59
'l5B
",
,
Russell St. Separation4.
of 'Combined Sewer
,
Fairvale Const Ltd.
\
Power Commission
,lighting, Christmas
'fire alarms
sports/convention/
\ entertainment
facilities
'Carol Vidito
Taxi By-Law
,
North/South Arterial
City Manager
.policy, purchasing
Expenditures
re-zoning
'Prop: 555 Grandview
Ave
Wi 11 iam Godfrey
Sum recommended for payment, Progress Estimate Number 12,
dated September 24, 1980 Partial Holdback Release
$ 24,976.00
Russell Street Separation of Combined Sewer
Fairvale Construction Ltd.
Supply and install an 18-inch storm and a
12-inch sanitary sewer
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 18, 1980 Partial Holdback Release
.
$ 94,659.00
80,031. 73
2,400.95
59,713.00
2,
$ 17,917.78
I'
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the
of $28,900.00 be authorized for the Power Commission of the City of Saint John
decorative lighting during the 1980 Christmas season.
City Manager, the amount
to:provide Christmas
"
On motion of Councillor Gould
I
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, reporting on the
following items which had been referred to staff, namely: (1) street fire alarms and related matter -
information has been gathered from other municipalities across Canada concerning the operation of
telegraph and telephone street fire alarms and staff are still awaiting the receipt of necessary information
from N. B. Tel relating to total operations, practicability, and cost, before a report can be finalized;
(2) need for adequate sports/convention/entertainment facilities - Council referred this need to the
'City Manager for a report including a review of the previous study on the sportsplex and these matters
are due to be reviewed by Council shortly in their consideration of priorities for the five-year capital
budget; and (3) letter from Mrs. Carol Vidito expressing an objection to the proposal by the Saint John
Taxi Owners and Operators Association Ltd. to require that all persons operating a taxicab in the City
be a member of the said Association - advising there are no, Taxi By-Law changes being recommended which
would make membership in a taxi association compUlsory -- be received and filed.
.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding a
request made at Council's September 22nd meeting for information on the monies expended to date for the
purchase of properties required for the construction of the North/South Arterial in relation to the
budget approved by Council for such property purchases, advising that because the property requirements
have altered as the engineering design of the road proceeded, it is difficult to make exact comparisons
with figures previously submitted to Council, however, the 1980 approved capital budget includes .
$1,875,000 for the North/South Arterial, comprising $875,000 for construction, recoverable from the
Province, and $1,000,000 for land; further advising, in summary, on a property-by-property basis,
average acquisition costs have been kept within 7% of the estimates and on a project basis, the budget
amount of $1,000,000 may end up as an actual cost of about $1,350,000 because of the additional properties
required for the road -- be received and filed.
I
Councillor Wayne noted that the City Manager had previously been requested by Council to
arrange a further teach-in on the North/South Arterial~
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager regarding Council's
request of March 24th, 1980 for a review of the policy of purchasing by quotation and a ceiling placed
on'the value of goods and services which would be purchased in this manner, advising that Council has
set a limit of $5,000.00 on the value of goods and services which can be purchased by the City Manager
without specific approval of Council and information from other municipalities indicates that $5,000.00
is also an accepted figure for purchasing by quotation rather than tender; regarding Council's request
that the City's procedure be advertised, the submitted advertisement has been published several times
recently and gives local suppliers of goods and services adequate opportunity to be notified of, and
considered for, City business; and recommending that Council adopt the policy of calling for quotations
from a minimum of three suppliers rather than public tenders for the purchase of goods and services up
to a value of $5,000.00 -- be received and filed and the recommendation adopted.
.
1=.
Councillor MacCallum stated he woUld hope pref~rence would be given to firms located within
the City when goods or services are purchased by quotations.
(The Mayor withdrew from the meeting and Deputy Mayor M. Vincent assumed the chair)
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from the City Solicitor regarding the re-
zoning application of Mr. William Godfrey, 555 Grandview Avenue, advising that if Council re-zones the
Godfrey property to residential for the purpose of permitting the requested construction it will then
place a restriction on existing industries from expanding by virtue of Section 146A(2) of the Zoning By-
Law and in the particular area there is presently a refinery, salvage yard and auto wrecking shop within
500 feet of the Godfrey property and if the 500 foot restriction is also deleted from the By-Law in its
entirety it will eliminate any existing buffer zone between the industrial and residential zones through-
out the City; further advising that as a resolution to the present problem and without affecting existing
residential zones, Council may wish to consider amending the text of the Zoning By-Law to say that
"subsection (2) of Section 146A shall not apply when adjacent residential zoning occurs subsequent to
the enactment of the Zoning By-Law for the City of Saint John dated November 14, 1977", and if Council
chooses to amend the By-Law along the lines suggested it will be necessary to obtain the views of the
Planning Advisory Committee with respect to the proposed amendment before it is enacted -- be received
and filed.
I
.
(Councillor Gould withdrew from the meeting)
~
II'"
459
.
In discussion regarding the above matter, Mr. Rodgers noted that in order to permit the addition to
the property 'as requested by Mr. Godfrey, it will still be necessary to re-zone the said property to residential,
however, the text amendment as referred to in his above letter to Council woUld exempt the abutting industries
from the present requirement of not locating within 500 feet of a residential zone.
On motion of Councillor Elliot
."'
Seconded by Councillor A. Vincent
RESOLVED that the proposed amendment to the text of the Zoning By-
'City Solicitor Law, as outlined in the above letter from the City Solicitor, be referred to the Planning Advisory Committee
for a report and recommendation, and that authority be granted for the necessary advertising in this regard,
PI n Ad Com with the date for the public hearing by Council to be held on November 3rd, 1980.
a v. .
I
'City Solicitor
Billiard &
\ Poo 1 Rooms
By-Law
I
.
,Municipal Plan
By-Law
\ Prop: 34-36
St. James;
'19-29 Britain
Sts
lII,salvation Army
Zon i n9 By- Law
amendment
re-zoning
conditions
.
I
By-Law
Streets, closi
Metcalf St
Bri tain St ,
I
.
lIl.....
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from the City Solicitor, submitting a proposed
by-law to regulate and license billiard ~d pool rooms in the City of Saint John, as previously requested by
Council, be received and filed and the said by-law be given first reading.
During discussion, the question of the effect of such a by-law on licensed premises having billiard
tables, which under the Provincial Liquor Act may remain open until 2 a.m., and the matter of loitering around
billiard and pool room establishments in the City, were considered.
chair)
(His Worship the Mayor and Councillor Gould re-entered the meeting and the Mayor re-assumed the
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the proposed by-law to regulate and license billiard and
pool rooms in the City of Saint John be referred back to the City Solicitor for re-drafting to provide that
such by-law will only apply to those premises in the City used exclusively as billiard and pool rooms.
Question being taken, the referral motion was carried.
On motion of Councillor Elliot
Seconded by CoUncillor M. Vincent
Rj'SOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify properties at 34 and 36 St. James Street and 19 to 29 Britain Street (identified as L.R.I.S.
Numbers 001743, 001750, 001685, 001677 and op1669) from Medium Density Residential to Major Institutional, be
read a third time and enacted ,and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A ,Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it COncerns' re-zoning properties at 34 and 36 St.
James Street and 19 to 29 Britain Street (identified as L.R.I.S. Numbers 001743, 001750, 001685, 001677 and
001669), from "RM-l" Three-Storey Multiple Residential to "IL-l" Neighbourhoo'd Institutional classification, be
read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the
following conditions: (a) the development to take place in accordance with the plans that have been filed; and
(b) a landscaping plan be submitted by the applicant and approved by the Deputy Commissioner of Community
Planning within one year from the'time building permits are issued.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
The question of who would approve a landscaping plan in the absence of the City having a Deputy
Comrrlissioner of Community Planning, should such a situation arise, was broached, and Mr. Zides suggested that
such matter could be clarified by a general statement of policy by Council that in the absence of the Deputy
Commissioner 'of Community Planning, 'due to illness or a vacancy in the position, another person could be
designated to carry out this function. The Mayor suggested that before'acting on this suggestion, a recom-
mendation should be obtained from the City Solicitor.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway or
portion of highway:-
Metcalf Street - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick, being that portion of Metcalf Street beginning
at the western side of Cunard Street at its intersection with the northeastern corner of lands now or formerly
occupied by Alexandra School, said property being owned by the Province of'New Brunswick; thence in a westerly
direction a distance of 199 feet more or less or to the eastern side of Holly Street; thence in a northerly
direction 50 feet more or less or to the southern side of lands now or formerly occupied by Victoria Square,
said lands being owned by the City of Saint John; thence in an easterly direction 205 feet more or less to the I
western side of Cunard Street; thence in a southwesterly direction 51 feet more or less to the place of beginning.i
- be read a third time and enacted'and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of Highways in
The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973", was
read in its entirety prior to adoption of the above resolution.
460
~
\
Street, closing of
Bri tain St
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the proposed closing of a portion of Britain Street,
which had been given first and second readings at the last Council meeting, be referred for discussion in
Committee of the Whole.
.
Question being taken, the referral motion was carried.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
I
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on September 22nd, 1980 when there were present
Deputy'Mayor M. Vincent and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A.
Vincent and Wayne, and your Committee submits the following recommendation,namely:-
,
1. That funding in the amount of $30,000.00 be approved for the Bicentennial Committee for 1980,
and that the matter of future funding for the said Committee be referred to the budget committee.
Committe
1
Bicentennial
Saint John, N. B.,
29th September, 1980.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman.
On motion of Councillor,M. Vincent
Seconded by Councillor Knibb
RESOLVED that the above report be received and filed and the
recommendation contained therein adopted.
.
Councillor A. Vincent stated that the position of
be publicly advertised, contrary to what Council has
MacCallum expressed his agreement with the statement
General Manager for the Bicentennial Committee
been informed by the said Committee. Coun-
made by Councillor A. Vincent in this regard.
General Manager
,Bicentennial Committe should
c illor
Plan. Adv. Com.
frop: McAllister Dr
'Happy Wheels Ltd
Re-zoning
condit ions
Barry Morrison
Willard Jenkins
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting
lInay".
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest with
respect to the next item)
Read a letter from the Planning Advisory Committee, dated September 24th, 1980, regarding the
proposed Municipal Plan amendment and re-zoning of property on the west side of McAllister Drive, opposite I
Highmeadow Park, to permit the construction of a roller skating facility nearly 20,000 square feet in
size, as requested by Happy Wheels Ltd., advising that the Planning Advisory Committee considered the
matter and heard representations from the applicant, his architect, as well as property owners opposed to
the proposal, and 126 notices were distributed to property owners and 26 replies were received, 10
letters being in support of the proposal, and 16 letters in opposition. The letter advises that after
considering this matter in considerable detail and having reviewed the staff report, the Committee
recommends that the application be approved'in accordance with the following recommendation contained in
the staff report dated September 23rd, 1980, namely:- (1) that the approximately 2 acre portion of
property indicated on the submitted plan being part of the property identified as L.R.I.S. 436675 be
redesignated on Schedule 2-A of the Municipal Development Plan from Restricted Industrial to Light Industrial;
(2) that the subject parcel be re-zoned from "RS-2" One- and Two-Storey Suburban Residential to "I-I"
Light Industrial subject to a resolution of Common Council pursuant to Section 39 of the Community
Planning Act providing for: (a) the subject parcel be restricted in use to a roller skating facility; (b)
that a site plan indicating building, driveways, landscaping, etc. be submitted and approved by the
Deputy Commissioner of Community Planning before building permits are issued; (c) that all necessary .
services be installed at the developer's expense; and (3) that no additional development of the applicant's
property be permitted until a subdivision plan has been submitted and approved.
Read a letter from Mr: Barry R. Morrison, solicitor, regarding the above proposal of Happy
Wheels Ltd., dated September' 25th, 1980; advising that his clients intend to purchase the said land from
, Shamrock Realty Ltd. for the sole purpose of constructing and operating a roller skating rink - his
clients believe this type of enterprise woUld be a viable business venture, adding to the tax base of the
City as well as providing employment; in addition to the economic argument, such a facility would provide
a much needed opportunity for family and group recreation, blending physical fitness with enjoyment, and
the location for the ,proposed facility is ideal in that: (1) it is easily accessible from all areas of
the City; (2) the building will be set back approximately 500 feet from the nearest home (400 feet from
McAllister Drive), and (3) there will be an adequate parking lot. The letter states that his clients are
in agreement with the restrictions recommended by staff and as they do not intend to allow the use or
sale of alcoholic beverages they would not object to a further restriction with regard to alcohol.
I
It was noted that a public hearing regarding the above proposal was held on September 22nd,
1980 and the proposed amendments were tabled pending receipt of the report and recommendation from the
Planning Advisory Committee, and at that time Council also gave authority for Mr. Barry Morrison, repre~
senting the, applicant, to make his presentation in support of the proposed amendments when the said I
Planning Advisory Committee report was received.'
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that permission be granted for any persons who wish
to appear before Council regarding the above proposal, to be heard at, this meeting.
'Question being .taken, the motion was carried with COlli1cillors Denton and Gould voting "nay".
Mr. Willard Jenkins was present representing Happy Wheels Ltd. on behalf of Mr. Morrison. In
reply to a query of Councillor Knibb as to the principles of the said company, Mr. Jenkins stated that
basically, there is a group of people who propose to incorporate a company to be called Happy Wheels Ltd.
and he supplied Council with the names of the sixteen persons who have indicated an interest,'and are
.
..J
,..-.
4.61
.
I
I
\ Thomas Wetmore
,
. Fillmore Myles
,Scott Bros. Lt
I
, (motion lost)
.
I
Land Committee
Courtenay Bay
Causeway
'Bayside Drive
, Agreement
I
Land Committee
.,North/south
Arterial
Prop: cor.
Cranston Ave &
Rockland Rd
, Expropriation
Ralph J. Stephe
....
partners in the venture at this stage. He stated that he cannot asure Council that there may not be other
people who might wish to be involved at a later date, but he has no information or belief at this time that
there will be. Prior to Mr. Jenkins listing the partners in the proposed company, Councillor Gould suggested
that this re-zoning should not be judged on who owns the company but the fact of whether or not it is for the
good of the City, and he asked the Mayor for a ruling in this regard. The Mayor stated that as he interprets
Councillor Knibb's line of questioning, he wants to be satisfied that the principles are people capable of
carrying through on any commitments that would be made. In reply to a query of Councillor A. Vincent, Mr.
Jenkins advised that the company has not been incorporated, and that he understands there is an agreement
between Shamrock Realty and some of the members, and that the company name has been reserved with the Provincial
Secretary. Mr. Rodgers advised that regarding re-zoning applications, the Zoning By-Law states that the owner,
or someone who has an option or enters into an agreement with the owner, may submit a re-zoning application,
and in this case, representations were made and accepted by the Planning Advisory Committee, correspondence has
been received on behalf of Happy Wheels Ltd., and Mr. Jenkins has publicly stated that the name has been
reserved in Fredericton, and on that basis he is satisfied that the procedures have been properly followed in
having the matter before Council for consideration. Councillor MacCallum took exception to the opinion expressed
by the City Solicitor in this regard. Mr. Jenkins stated that the property is presently owned by Shamrock
Realty Ltd. and there is a written option for the purchase of this property. In reply to a query of Deputy
Mayor M. Vincent regarding what possible use might be made of the building if the proposed venture should prove
to be unsuccessful, Mr. Jenkins stated he does not believe there are any specific intentions for any other use
- the Planning Advisory Committee recommendation would restrict the use to a roller skating facility, and he
would suggest that any other use for this steel building of a rink-type structure would be subject to the
further approval of Council, and he woUld suggest that it might be something as perhaps a light storage area,
or some type of a recreation area, or something of that type. He noted that following a survey of similar
facilities in other centres, the partners have no intention but to make the proposal a viable enterprise.
Mr. Thomas Wetmore, 817 Highmeadow Park, was present on behalf of the residents of the northern side
of Highmeadow Park, in opposition to the proposal to establish a roller skating rink in this area. Mr. Wetmore
stated that he has an additional petition rrom residents on the other side of Highmeadow Park, where 47 residences
were surveyed and 33 were opposed to the proposal, 11 were in favour, and 3 were undecided. He expressed the
residents' . concern with property values, noise, and the safety of their children due to increased traffic at
this already heavily-travelled intersection, and the lack of sidewalks on McAllister Drive.
Mr. Fillmore Myles was present representing Scott Bros. Ltd., owner of 50 acres of residential land
adjacent to the property in question, and stated they are opposed to the proposed re-zoning due to plans to
construct a residential development on their property. Councillor Landers noted that Scott Bros. are associated
with the roller rink in the Village of Quispamsis, and he asked if there is difficulty with this facility due
to its closeness to a residential area. 'Mr. Myles replied that this facility was constructed by Scott Bros.
Ltd. and the adjacent property owners have complained to Fredericton regarding the heavy traffic caused by this
facility.
Councillor A. Vincent noted that no soundproofing of the structure is indicated on the plan of the
proposed facility, and that the building is a,completely steel structure. Mr. Winch stated that the details of
the proposed facility were not discussed by the Planning Advisory Committee. In reply to a query of Councillor
Denton, Police Chief Ross stated that the particular area in question is a very high-density traffic area.
Regarding the report to the Planning Advisory Committee from the Works Department, Mr. Winch noted that such
comments are reflected in the Committee's report, and the main difriculty' appears to be the proximity of the
intersection and the proposed eastern arterial ramp.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the above letter from the Planning Advisory Committee be
received and filed and the recommendation contained therein adopted.
Question being taken, the motion was lost with the Mayor and Councillors Denton, Landers, MacCallum,
A. Vincent and M. Vincent voting "nay".
'e.~tDeputy Mayor M. Vincent stated he has been told that in a study of such facilities in other areas, it
was indicated that such facilities were usually located in industrial parks, and he asked that information
regarding such study be made available for the information of Council.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the above letters from the Planning Advisory Committee and
Mr. Barry Morrison be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the letter from the Land Committee advising that in October
of 1977 the City entered into an agreement with Irving Oil Ltd. and Saint John Shipbuilding and Dry Dock Co.
Ltd. for the exchange of lands involved in the widening of the Courtenay Bay Causeway and the diversion of
Bayside Drive, which diversion is required for the expansion of the Dry Dock, which is now imminent, and that
the plans for the exchange of lands agreed to are available and there remains only to close the former Bayside
Drive in order 'to enable the terms of the agreement to be performed, and recommending that the Common Council
set a time and place for the hearing of any objections to the closing of that portion of Bayside Drive shown on
the submitted plan and further that the Common Clerk be authorized to undertake the necessary advertising in
that regard -- be received and filed and authority be granted for the,necessary advertising, with the date for
the public hearing by Council to be held on November 3rd, 1980.
Councillor Landers proposed a motion, which was not seconded, that the above matter be tabled pending
action on outstanding items with the Irving interests.
Question being taken, the motion was carried with Councillor Landers voting
" "
nay .
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that the letter from the Land Committee advising that the right-
of-way for the North/South Arterial requires a lot of land located at the northeastern corner of Cranston
Avenue and Rockland Road, as shown on the submitted plan, and negotiations with the owner of this land have
proven inconclusive, be received and filed:
AND FURTHER that the City Solicitor's office be authorized to commence expropriation proceedings to
acquire the fee simple absolute interest in the land shown on a plan entitled "Plan of Survey Ralph J. Stephen
462
~
Land Committee
North/South Arterial
Prop: cor Barker &
Somerset Sts
. Expropriation
,Kari Christensen
Land Committee
North/South Arterial
Prop: Canon St
'Expropriation
Henry & John J.
, Arsenaul t
Land Committee
North/South Arterial
Prop: cor. Rockland
Rd & Cranston Ave
, El(propriation
.Irv'ing Oil Co. Ltd.
Land Committee
North/South Arterial
Prop: Canon St
'Expropriation
,Drury Cove Estates L
re-zoning
,Ernie's Home Improv.
Ltd.
Prop: Ashburn Road
Property" dated the 2nd day of May, 1980 and prepared. by Murdoch-Lingley Limited for the purpose of
constructing a portion of the North/South Arterial roadway so-called which consists of five traffic
lanes, a median, ,two curbs, two gutters; constructing two sidewalks, two boulevards; and providing for
street lights, traffic control devices, electrical services, telephone services, slopes for cut and a .
storm sewer:
AND FURTHER that the Mayor, and Common Clerk be authorized to execute all documentation required
in the expropriation proceedings.
On motion of Councillor A, Vincent
Seconded by Councillor Knibb
RESOLVED that ,the letter from the Land Committee advising that the
right-of-way for the North/South Arterial raodway requires a parcel of land located at the northeast
corner of Barker and Somerset Streets, as shown on the submitted'plan, and that negotiations with the
owner of this land have proven inconclusive, be received and filed:
I
AND FURTHER that the City Solicitor's office be authorized to commence expropriation proceedings
to acquire the fee simple absolute interest in the land shown on ,a plan entitled "Plan of Survey Kari
Christensen Property" dated the 21st day of,August, 1980 and prepared by Murdoch-Lingley Limited for the
purpose of constructing a portion of the North/South Arterial roadway so-called which consists of five
traffic lanes, a median, 'two curbs, two gutters; constructing two 'sidewalks, two boulevards; and pro-
viding for street lights, traffic control devices, electrical services, telephone services, slopes for
cut and a storm sewer:
I
AND FURTHER that the Mayor and Common Clerk be authorized to execute, all documentation required
in the expropriation proceedings.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee advising that the
right-of-way for the North/South Arterial requires a parcel of land lying on the northern side of Canon
Street, as shown on the submitted plan, and that negotiations with the owners of this land have proven
inconclusive, be received and filed:
.
AND FURTHER that the City Solicitor's, office be authorized to commence expropriation proceedings
to acquire' the fee simple absolute interest in ,the land shown on a plan entitled "Plan of Survey Henry J.
and John J. , Arsenault Property" dated the 15th day of September, 1980 and prepared by Murdoch-Lingley
Limited for the purpose of constructing a portion of the North/South Arterial roadway so-called which
consists of five traffic lanes, a median, two curbs, two gutters;. constructing two sidewalks, two boulevards;
and providing for street lights, traffic control devices, electrical services, telephone services, slopes
for cut and a storm sewer:
AND FURTHER that the Mayor and Common Clerk be authorized to execute all documentation required
in the expropriation proceedings.
On motion of Councillor A. Vincent
I
Seconded by Councillor Landers
RESOLVED that the letter from the Land Committee advising that
the right-of-way for the North/South Arterial requires a lot of land located on the northwest corner of
Rockland Road and Cranston Avenue, as shown on the submitted ,plan, and that negotiations with the owner
of this land have proven inconclusive, be received and filed:
AND FURTHER that the City Solicitor's office be authorized to commence expropriation proceedings
to acquire the fee simple absolute interest in the land shown on a plan entitled "Plan of Survey Irving
Oil Company Limited" dated the 1st day of May, 1980 and. prepared by Murdoch-Lingley Limited for the "-'"
purpose of constructing a portion of the North/South Arterial roadway so-called which consists of five
traffic lanes, a median', two curbs,- two gutters; constructing two sidewalks, two boulevards; and providing
for street lights, traffic control devices, electrical services, telephone services, slopes for cut and
a storm sewer:
.
AND FURTHER that the Mayor and Common Clerk be authorized to execute all documentation required
in the expropriation proceedings.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee advising that the
construction of the North/South Arterial roadway requires'a lot of land on the southern side of Canon
Street, as shown on the submitted plan, and that negotiations with the own'er have proven inconclusive, be
received and filed:
I
AND FURTHER that the City,Solicitor's office be ,authorized to commence expropriation proceedings
to acquire the fee Simple absolute interest in the land, shown on a plan entitled "Plan of Survey Drury
Cove Estates Ltd. Property" dated April 30th, 1980 and prepared by Murdoch-Lingley Limited for the
purpose of constructing a portion of the North/South Arterial roadway so-called which consists of five
traffic lanes, a median, two curbs, two gutters; constructing two sidewalks, two boulevards; and pro-
viding for street lights, traffic control devices, electrical services, telephone services, slopes for
cut and a storm sewer:
I
AND FURTHER that the Mayor and Common Clerk be authorized to execute all documentation required
in the expropriation proceedings.
(Councillor Elliot re-entered the meeting)
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the application of Ernie's Home Improvement Ltd.
for re-zoning of property on Ashburn Road, be referred to the Planning Advisory Committee for a report
and recommendation, and that authority be granted for the necessary advertising in this regard, with the
date for the public hearing by Council to be held on November 3rd, 1980.
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',463
. re-zoning
Ocean View
Memorial Gdns
Prop: Latimore
Lake Rd
I
re-zoning
Jehovah's
\. Witnesses
Prop: Loch
, Lomond Rd
S. D. Rhodeniz
Remembrance Da
I
Notice of Motio
Bourinot's
Rules of Orde
Counc. Landers
Mayor
Counc. Wayne
.
Counci 1
I
.
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I
.
....
'On motion of Councillor Gould
J.... ...'.'
Seconded by Councillor Denton
RESOLVED that the application of Ocean View Memorial Gardens for re-
zoning of property on Latimore Lake Road, be referred to the Planning Advisory Committee for a report and
recommendation, and that authority be granted for the necessary advertising in this regard, with the date for
the public hearing by Council to be held on November 3rd, 1980.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the application of Jehovah's Witnesses for re-zoning of
property on Loch Lomond Road, be referred to the Planning Advisory Committee for a r~port and recommendation,
and that authority be granted for the necessary advertising in this regard, with the date for the public
hearing by Council to be held on November 3rd, 1980.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as requested by Mr. S. D. Rhodenizer, Secretary, Veterans
Remembrance Day Committee, 'authority be granted for the customary parade and service on November 11th, and for
a flypast by the Airforce on that date, subject to the said Committee obtaining the approval of the Chief of
Police in this regard.
Consideration was given to the following Notice of Motion arlslng from a question of privilege,
given by Councillor Landers at the last Council meeting: "That action be t"aken against Councillor Elsie Wayne
under section 14, page 28 of Bourinot's Rules of Order for remarks made towards this Councillor, this Council
as a whole, and His Worship Mayor Robert A. Lockhart."
After rising to a point of order, Councillor Wayne read the following prepared statement:
"Since this Notice of Motion was made a week ago I have retained legal 'counsel and I have had the subject
matter of the Notice of Motion made' by Councillor Landers and al'so the Mayor's procedure with respect to
receive and file motions, which gave cause to my comments, reviewed. As a result of that I wish to make the
following comments on my position.
Your Worship and Members of Council:
The Notice of Motion that was brought by Councillor Landers on September 22nd, 1980, and purportedly brought
under Bourinot's Rules of Order, and more particularly with respect to his point of privilege. I wish to
point out that Bourinot's Rules were adopted by resolution of Common Council on December 17, 1979. They
emanated from a recommendation from the Council Procedural Committee, which resolution stated: "Bourinot's
Rules of Procedure be adopted as procedures for Common Council".
This Council is governed by the Municipalities Act of New Brunswick. Section 11(1) of the Act states that a
Council may make by-laws for the purpose of:
(a) regulating its procedure
(b) prescribing the time and place of its regular meetings
(c) providing for the calling of special meetings
This Council has passed by-laws with respect to these aspects on May 18, 1972 and amended it on June 11, 1979.
Bourinot's Rules have no application to what an individual Councillor does or says outside Council meetings,
further, Bourinot's Rules were adopted by resolution only, and have never been enacted by by-law.
It is my respectful submission that Councillor Landers' ,Notice is illegal, irregular and out of order.
>,
I have further been advised by legal counsel that there is no power within this body to impose sanctions on
the conduct of its members outside the meetings of Council. ' Any sanctions that are provided are given under
the provisions of the Municipalities Act and the City of Saint John Government Act. These are legislative
enactments and beyond the authority of this group here.
Further, ,the reason that I did speak out was because I felt, and still feel, that the procedure which the
Mayor has adopted with respect to receive and file items is irregUlar.
Further, it restricts the Councillors from speaking out on subject matters contained in staff reports which
are of importance to the citizens of Saint John.
And still further, it restricts freedom of speech which is one of the primary rights in the, Canadian Bill of
Rights.
Also, receive and file motions are administrative items not legislative items and not covered by Bourinot.
Nowhere can it be found that receive and file items have ever been dealt with in this manner and under Section
24 of the Procedural By-law it states "Motion to Refer".
A motion to refer to a committee, commission or board shall be debatable only on the propriety of referring
the question. If Council had intended to restrain the debate on a motion of receive and file to the mere
propriety of adoption, it should have dealt with it in the Procedural By-Law.
Bourinot's Rules, I accept, are the procedural guidelines which the Mayor as Chairman, must follow. Page 52
of the 3rd Revised Edition deals with debate and indicates that every member, who is qualified to express
opinion, has the right to do so on all matters raised for consideration, unless there is a by-law enacted to
the contrary.
Therefore I request:
(a) that the Chair rule Councillor Landers Notice of Motion as illegal, irregular and out of order.
(b) I further request that the Chair reconsider its position on receive and file motions. If the Chair is not
prepared to do so, I appeal the ruling of the Chair to my fellow Members of Council for a vote.".
4641
"lIl
Regarding the question raised as to receive and file motions, the Mayor stated that he has had
a chance to review the tapes and it was an error in ,fact by the chair - it was not a receive and file
motion that the chair was referring to, it was a referral motion - the choice of words was unfortunate,
and had Councillor Wayne at that meeting brought it to the attention of the chair, that correction could 4It
'have been' made verbally.'
Notice of Motion
City Solicitor
Councillor Landers
discussed. Councillor Gould
irregular and out of order.
before Council; the question
stated-that as he has not yet made his motion, the matter should not be
stated that it has not been ruled whether the Notice of Motion is illegal,
Mr. Rodgers stated that in his opinion the Notice of Motion is properly
of privilege is a matter for Council to decide after it hears the motion.
Councillor Landers stated,he felt he has followed the proper procedure; he has no dispute with
Councillor Wayne on her remarks as to how the chair is ruling in various matters - the chair's decision
can be contested at any time it is seen fit; the only part in the newspaper article of September 22nd,
1980 that he takes dispute with is the ,statement that is alleged to have come from Councillor Wayne; if
Councillor Wayne says that she did not make the statement or was quoted incorrectly, in that "Councillors
are not 'voting on the item, but who puts it on,the agenda" - then he will be more than happy to apologize;
however, he does believe the statement has been made because he has heard it made before at Planning
Advisory Committee in reference to the Dominion Store application. He stated that for a member of this
Council to say that members of Council are making decisions on the basis of who places them on the
agenda, and not what is in the best interests of the City of Saint John, is to insinuate and attack the
integrity of those people who serve on Council and make decisions based on what they feel is best for the
community. He stated he does not wish to have Councillor Wayne expelled from any meetings of Council but
he thinks that Common Council has to defend the reputation of Council as a whole. He stated he believes
Councillor Wayne's statement was derogatory towards the Common Council as a whole and he does not'wish to
cause any hardship or anybody any unnecessary embarrassment. The Mayor asked Councillor Wayne if the
statements as reported in the Telegraph-Journal are accurate'and if she made them. Councillor Wayne
stated that she cannot answer that question unless she directs herself to another statement made by
Councillor Landers. In reply to the same question asked by the Mayor, Councillor Wayne stated that this
is not all of the statement and there is more to it than that, although it is accurate.
Councillor Landers stated that he has been advised that there are two steps to be considered _
the chair 'can rule on a point of privilege and whether in fact Councillor Wayne has breached that D
privilege, or'the chair can pass it to the body as a whole, being the Common Council, to rule on whether
or not there have been derogatory remarks made, and then Council, or the chair, can decide action, and it
has to be decided in which manner Council will proceed.
Councillor Elliot submitted that the City Solicitor is in error, and he read from the unabridged
edition of Bourinot's regarding the,procedure to be followed, which states that as a matter of courtesy
he must previously give notice of his intention to the member complained of (which Councillor Landers has
done), and ask him formally whether the report is correct before proceeding in the matter (WhiCh Coun-
cillor Landers has not done), and therefore he suggests ,that the City Solicitor is out of order in
suggesting that this can be, before, the Council.
Deputy Mayor M. Vincent stated that he wished' the record to show that he has never voted on the
basis of who places an item on the agenda. Mr. Rodgers stated that according to Bourinot's, motions on
questions of privilege are not necessary all the time and in this case Councillor Landers has stated his
question of privilege and has referred to thenewspape~'article as to why it is a question of privilege.
He noted that the Mayor, as chairman, has stated that he does not wish to rUle on it and has asked
Council to rule on it, and if Council decides it is a question of privilege there are other steps - for
instance, you may refer it to committee to decide what action the Council will take, or deal with it
here - but first Council has to decide whether it is a question of privilege. Councillor Gould stated he
agrees with the statement made by Deputy Mayor M. Vincent, and he suggested that if Council has only
adopted this procedure by policy, and not by by-law, then Council is in error. Mr. Rodgers stated that
the by-law on procedure adopted by Council under the Municipalities Act is still in effect; the question
of privilege does not deal with procedure and therefore is not covered in the by-law, and Council has
chosen to deal with questions of privilege under Bourinot's RUles, as adopted by Council, and there is
nothing in the Municipalities Act which requires Council to adopt by-laws dealing with questions of
privilege. Councillor Green stated that he too takes exception to the statement contained in the news-
paper article. In ensuing discussion, Councillors Knibb, A~ Vincent and Elliot suggested that Councillor
Wayne retract the remarks attributed to her in the said newspaper'article. Councillor Wayne asked that
she be permitted to quote a remark made by Councillor Landers at Planning Advisory Committee, however,
she was ruled out of order by the Mayor, who suggested there is a certain impropriety about bringing
privileged conversations within the confines of the Planning Advisory Committee, or in closed sessions of
Council, which are private conversations. Councillor Wayne stated that she is not permitted to say why
she made the statements, and therefore she will let the statement stand. During the preceding discussion,
Councillors Green, A. Vincent and Denton stated that they also wished the record to show that they vote
on all items based on the good of the community as a whole, and not on who places such items on the
Council agenda. Councillor MacCallum had stated that he feels the background information Councillor Wayne
wishes to divulge is pertinent to the situation. The Mayor stated that the statement is inaccurate and
it is grossly unfair for Council to be maligned in this fashion.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that having considered the question of privilege, it is
hoped that in future, Councillor Wayne and all Councillors will refrain from making general statements to
the press.
Question being taken, the motion was carried with Councillor Green voting "nay".
On motion
The meeting adjourned.
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At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixth day .
of October, A. D. 1980, at 6.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
..4
,...
465
ii .:
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I
III'Market Square
Hon. Daniel
\ MacDonald
.
Progress
Payments 1.
\ Watermain
\Que-Mar Cons. L
'I
\ Metro Const (197
Ltd.
Tender accepted
'Johnson Const Lt
,Winter St
,Stanley St
\ Celebration St
.
Tender accepted
'J6hnson Const L
\ Dominion Park
III Tender accepted
'Maritime Sod Lt
'Dominion Park
1 Snider Consul~
'tants Ltd
Water & Sewerag
'Operation &
Maintenance
Manuals
.
....
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, J. C. MacKinnon,
Commissioner of Engineering and Works, S. Armstrong, Deputy Commissioner
of Engineering, J. Gabriel, Deputy Commissioner of Works, C. E. Nicolle,
Director of Recreation and Parks, J. F., Ross, Chief of Police, J. Johnson,
Building Inspector, D. French, Director of Personnel, and D. Buck, Deputy
Commissioner of Housing and Renewal Services
Captain Charles Young of the Salvation Army offered a prayer which opened the meeting.
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on September
29th last, be confirmed.
The Mayor advised that a special meeting of Common Council will be held on Tuesday, October 14th,
1980 at 9 a.m. to consider a formal resolution regarding legal authority for execution of documents relating to
the Market Square project.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that a letter of condolence be forwarded to the family of
the late Honourable Daniel MacDonald, Federal Minister of Veterans Affairs.
On motion of COUncillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificate, namely:-
Lining 12-inch watermain with P.E. pipe
Que-Mar Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 5 (Final)
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated September 30, 1980 Final Holdback Release
$ 73,008.00
68,867.98
Nil
66,801. 94
5,
$ 2,066.04
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
Metro Construction (1978) Ltd. - supply of asphalt September 24-30, 1980 $ 29,192.28
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the tender of Johnson
Construction Limited, in the amount of $81,133.00 be accepted for the reconstruction of Winter, Stanley and
Celebration Streets, being the lowest tender received, and that the Mayor and Common Clerk be authorized to
execute the contract in this regard.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, Johnson Construction
Limited of Grand Bay, N. B. be awarded the contract for the Dominion Park parking lot, in the amount of S
$27,178.00, being the lowest tender received.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, Maritime Sod Limited
be awarded the contract for Dominion Park landscaping, in the amount of $45,755.00, being the lowest tender
received.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that as recommended in the joint report from the City Manager,
Commissioner of Engineering and Works, and Chief Engineer of Water and Sewerage, Snider Consultants Ltd. be
engaged to prepare Operation and Maintenance Manuals for the City's pumping and treatment facilities, the cost
of same to be borne under the normal operating budget in the water and sewerage utility, at an estimated cost
of $35,000.00 over a two- or three-year period.
Read 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 begs leave to report that it sat on September 22nd, 1980 when there were present
Deputy Mayor M. Vincent and Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, A. Vincent and Wayne,
and your Committee submits the following recommendations, namely:-
466
"
Non-union employees
'Salaries
Tenders rejected
'Beach Crescent Lift
Station
.Rocca Const Ltd.
Blair A. Roma
Architect L td
Community Service
\ Centre, Forest Hill
Land Committee
,Easement
,National Harbours Bd
~waterrnains
Land Committee
'J ohn T. Magee
Prop: 174 Church Ave
,Church Ave Overpass
,Property: purchase 0
Land Committee
,Leases
,?TOP: 74 CTaig Cres
'Robert E. Munroe
1. That the following salary ranges for non-Union personnel for the years 1979 and 19Bo, which
were not formally approved in 1979, be adopted as recommended by the City Manager, namely:
GRADE
9
8
7A
7
6
5A
5
4
3
2
1
1979
37,593-----=46,991
31,176 - 38,970
28,389 - 35,486
27, 582 - 34,478
25,187 - 31,484
23,472 29,340
21,992 - 27,490
20,040,- 25,050
18,168 - 22,710
16,306 - 20,383
13,807 - 17.,259
1980
40,600--=--50,750
33,670 - 42,088
30,660 - 38,325
29,789 - 37,236
27,202 - 34,003
25,350 ..: 31,687
23,751 - 29,689
21,643 - 27,054
19,621 - 24,527
17. ,610 - 22,014
14,912 - 18,640
2. That with the exception of Department heads and other officials which the Common Council has
the power to appoint, the City Manager be authorized to set or change the salary ranges of an individual
employee within the aforementioned salary ranges.
Saint John, N. B.,
6th October, 1980.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the above report be received and filed and the
recommendations contained therein be adopted.
Councillor A. Vincent expressed his disapproval with the above action, and stated he feels that
the names of the non-Union employees in such positions should be made public as it is public information.
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting
" "
nay.
Read 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 begs leave to report that it sat on September 29th, 1980 when there were present
Mayor Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M.
Vincent and Wayne, and your Committee submits the following recommendations, namely:-
1. That the letter from the City Manager regarding tenders received for construction of the Beach
Crescent Lift Station, recommending that staff be allowed to negotiate the prices of Rocca Construction
Ltd., the low tenderer, and report to the Common Council, be received and filed and the tenders received
for this project be rejected and the project be re-tendered. ,
2. That as recommended by the City Manager, Blair A. Roma Architect Limited of Saint John, N. B.
be awarded the contract to design and carry out construction supervision for the Community Service Centre
at Forest Hills School.
Saint John, N. B.,
6th October, 1980.
, Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On,motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that section 2 of the above report be adopted.
(Councillor Landers withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the Mayor and
Common Clerk be authorized to execute the easement document between the City of Saint John and the
National Harbours Board for the installation of larger water mains servicing the National Harbours Board's
property on the western side of Water Street.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, Mr. and Mrs.
John T. Magee, owners of 174 Church Avenue, be paid the sum of $4,836.00 for 2,418 square feet of land
required for the Church Avenue Overpass and that Common Council resolution of July 28th regarding the
expropriation of this property be rescinded, and that the Mayor and Common Clerk be authorized to execute
any and all documents related to this transaction.
Question being taken, the motion was carried with Councillor Elliot voting
" "
nay .
Cb :::.oti
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, authority be
granted for the lease of City-owned property situate at the rear of 74 Craig Crescent, to Mr. Robert E.
Munroe, on a year to year basis~ ~or the sum o~ $1.00, providing: (a) that if the City requires the
.
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467
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Land Committee
,Expropriation
Stanley St
'Celebration St
--~~~e-pt..:. of
Transportati
\
Le Comite du
Oentre Commu
autaire Ecol
ae Saint Jea
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'Counc. Elliot
, absenteeism
IUnions
,Local 18
;Local 61
.Local 486
Local 771
I
C. Y. Kelly
,Simonds Co-op
Ltd
garden centre
~ Gerald J. Ryan
maintenance
garage
I
, Renforth
,Burton Brae Su
division
Assessment
I
'Min. of Justic
New Brunswick
, Safety Counc'
.
C.U.P,E,
Occupational
,
Health & Safet
Commission
....
property, the lease will be surrendered within three months; (b) that no charges will be made to the City for
any improvement costs that may be made to the property; and that the Mayor and Common Clerk be authorized to
execute any and all documents relating to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee, submitting correspon-
dence received from the Provincial Minister of Transportation concerning their intention to expropriate the
City's interest in a portion of Stanley Street and Celebration Street for the construction of the overhead
walkway, be received and filed.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that an item with respect to a brief presented to Common
Council in Committee of the Whole this date by Le Comite du Centre Communautaire Ecole de Saint Jean be added
to the agenda and considered at this time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the brief presented by Le Comite du Centre Commun-
autaire Ecole de Saint Jean be received and the establishment of a francophone schOOl/community centre be
approved in principle.
Councillors Wayne, Green and MacCallum expressed their opinion that the above matter should be
further studied by Council prior to a decision being made.
"nay".
Question being taken, the motion was carried with Councillors Green, MacCallum and Wayne voting
Read a letter from Councillor Elliot advising that a recent issue of the Financial Post magazine
makes reference to the losses incurred by government and industry through absenteeism and stating that he plans
to raise the issue in open session of Council in order to secure information concerning the absenteeism rate,
if any, within the various departments of the City of Saint John.
Mr. McDermott supplied the following figures which indicate the percentage increase in sick leave for
the various employee groups over last 'year, namely:- Local 18 - .36 of 1%; Local 61 - 2.04%; Local 486 - 1.47%;
Local 771,- 1.32%; and non-Union employees - a decrease of .256%. In further discussion, he advised that the
following figures represent the average sick leave per employee group: Local 18 - 8 days; Local 61 - 3.17 days;
Local 486 - almost 4 days; Local 771 - 2.7 days; and non-Union employees - 4.06 days. It was agreed that the
City Manager would submit a report in writing to Council regarding the absenteeism rate, including figures
showing the man hours lost per employee per year, and the base from which the percentage increases were derived.
Councillor Gould asked that such report also include extreme cases where employees have been absent on sick
leave for an extended period of time.
(Councillor Landers re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. C. Y. Kelly, General Manager of
Simonds Co-operative Limited, requesting ,permission for relocation of the existing garden centre, be referred
to the 'Planning Department for a report and recommendation.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that the letter from Mr. Gerald J. Ryan, President of Gerald J.
Ryan Co., Ltd. advising that he understands the City is considering acquiring property in the East Saint John
area for a maintenance garage, and that he has land available in the area and could be interested in erecting
for lease or purchase for the City's requirements, and asking the City to determine its needs and make a public
call whereby every citizen is given an equal opportunity to meet the City's needs -- be referred to the Land
Committee.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from His Worship Mayor Anthony Rickett, Mayor of
the Village of Renforth, regarding the proposed Burton Brae Subdivision, Phase 3, advising that the four lots
in this proposed subdivision front on Glen Avenue and it is his understanding the homes will be built on the
Renforth side of the Saint John-Kings County line and in view of this, and the Renforth facilities serving this
particular subdivision, it is requested that when the development of the said four lots is completed, the
properties for assessment purposes be considered to be entirely within the Village of Renforth -- be referred
to the City Manager and City Solicitor for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from The Honourable Rodman E. Logan, Provincial
Minister of Justice, acknowledging receipt of Council's resolution of September 15th last regarding the re-
location of the New Brunswick Safety Council in Fredericton and the fact that the City was not approached to
submit names to the Safety Council, advising that the Occupational Health and Safety Council is under the
jurisdiction of the Department of Labour and Manpower -- be received and filed and the matter be referred to
the Provincial Minister of Labour and Manpower.
On motion of ,Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the letter from Mr. J. W. Petrie, National Representative
of the Canadian Union of Public Employees, regarding the concern expressed at Council's September 15th, 1950
meeting that there were no residents of the City of Saint John on the new Occupational Health and Safety
Commission (of which he is a Commissioner), advising of the objectives and appointments to the said Industrial
Safety Council, be received and filed.
468
~
Bob Davidson
C.U.P.E.
,school buses
On motion of Councillor Wayne
Seconded by Councillor, Denton
RESOLVED that the letter from Mr. Bob Davidson, C.U.P.E. repre-
sentative for non-Teaching School Board employees, regarding the unsafe hazard of children having to
stand in moving school buses, be received and filed.
Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting
"nay".
Prior to adoption of the above motion, Councillor A. Vincent stated that although the above
matter is not within the jurisdiction of the Common Council, our concerns should be expressed to the
Provincial Government in this regard. Deputy Mayor M. Vincent expressed his concern if it is true that
there are large numbers of students standing in moving school buses within the Province.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the letter from Edu-con of Canada Inc. be added
Edu-con of Canada Lnc to the agenda and considered at this time.
On/motion of Councillor A. Vincent
Board of School
Trustees, Dist. 20
sidewalk
parkhig'
,Pitt St
,Cliff St
Deferred Widening By-
Law
tarmarthen Street
,
Paddock St
S.M.T. (Eastern) Ltd
Wallace D. Macaulay
Thomas Enright
Seconded by Councillor MacCallum
RESOLVED that the letter from Edu-con of Canada Inc., which
firm has been employed by the Board of School Trustees 'of School District 20 to study the problems of
declining enrolments in the senior high schools of the District, proposing a meeting between the Common
Council and their representatives and recommending such meeting be held between October 8th and 10th, be
received and filed and Council as a whole meet with the said representatives.
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that the matter of the condition of a portion of
sidewalk on Pitt Street, and the matter of issuing of tickets for parking violations on Cliff and Peter
Streets, be added to the agenda and considered at this' time:
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
Deputy Mayor M. Vincent stated he has been informed that the Police Department had issued
tickets for parking violations on Cliff and Peters Streets in a random fashion over the past weekend and
he would like to have a report in this regard. Councillor Elliot noted that the Council previously
dealt with parking regUlations in effect in this area and has requested a report from the City Manager.
Deputy Mayor M. Vincent stated that he received a telephone call regarding a cave-in which
occurred on a section of sidewalk on Pitt Street, which apparently occurred on June 21st, 1980. Mr.
MacKinnon advised that the sidewalk referred to is possibly on Queen Street, and that Council recently
awarded a contract for the erection of a retaining wall to correct this problem.
The Common Clerk advised that the necessary advertising has been completed regarding a pro-
posed deferred widening by-law respecting the extension of Carmarthen Street in regard to the City's
intention to construct a new street between Prince Edward Street and Waterloo Street and to widen parts
of Carmarthen Street and Paddock Street into which the new street will merge, which new street is a
proposal in the Municipal Development Plan which has the effect of prohibiting development and the
issuance of building permits within its alignment. It was noted that the enactment of the proposed
deferred widening by-law will more 'exactly delineate boundaries of the new streets including the widened
parts of the existing streets; will establish street boundary lines and building lines which will be set
back a minimum of nine meters from the street lines (except where otherwise detailed in the by-law
plans), and in addition, although the by-law will prohibit development within the proposed street lines
as well as between the street lines and building lines, it also provides Common Council with discretion
to permit, conditionally or otherwise, such developments as it sees fit: The Common Clerk advised that
the said proposed by-law was given first reading by Common Council on 'July 14th, 1980.
, Consideration was given to the letter from the Planning Advisory Committee, dated July 8th,
1980 which recommends that Council enact the proposed by-law.
Copies of a letter from Mr. Wallace D. Macaulay, representing S.M.T. (Eastern) Limited, were
distributed to the Council members at this time. The said letter advises that if enacted, the proposed
deferred widening by-law respecting the extension of Carmarthen Street will encroach upon the bus
terminal and office tower development presently under construction by S:M.T. (Eastern) Limited at the
corner of Carmarthen and Union Streets, and from the information available is it not at all clear where
the location of the deferred building line will be and it seems possible that the line may actually run
into their client's new building: The letter states 'that their client has plans to develop its property
between the new building and the street line in a manner consistent with the building's use and if this
by-law is enacted as presently presented it will prohibit such 'development and for the said reasons,
their client strongly objects to the enactment of the by-law insofar as it affects its own development
as referred to.
Mr. Wallace D. Macaulay of the firm of McKelvey, MacaUlay, Machum, Barristers and Solicitors,
was present at the meeting on behalf of S.M.T. (Eastern) Limited, and referred to the objection of the
said firm to the proposed deferred widening by-law as outlined' in the above letter to Council. Mr.
Macaulay displayed a scheme recently prepared by landscape architects showing how the area between the
building and the side line will be developed, which will not be permitted if the proposed by-law is
enacted. He stated that they believe, but are not certain, that the building line under the proposed
by-law may in fact intersect the building itself.
.
I
I
.
I'
.
I
I
During discussion, Mr. Zides advised that the building in question is supposed to be clear of
the deferred widening line. Mr. MacKinnon stated that he understands Mr. Griffin from his department
met with one of the firm's engineeers at the site today and ascertained that the line is not through the
building, but it does affect the proposed landscaping area. Mr. Macaulay replied that that is not his
understanding of the matter. .
Mr. Thomas Enright was present at the meeting and advised that' as the owner of property at 50
Waterloo Street he applied to the City for permission to undertake the addition of a bathroom in this
building, which resulted in the proposed Deferred Widening By-Law being presented to Council for con-
~
II""
,4~~9
.
I
Deferred
Widening
By-Law
LEGAL
SESSION
I"",-Harold Coughla
" Jr.
'. \ Dilapidated
, Bldgs
Prop: 71 St.
James S
.
'1
.
\
Bldg. Inspecto
I
I
-"
.
ll....
sideration, and unless such by-law is enacted, he will not be permitted to proceed with such minor renovations
to his property. Mr. Zides confirmed that alterations to the property are prohibited by the absence of such a
by-law, as such property is located within the proposed Carmarthen Street Extension, which is part of the
proposed North/South Arterial. Regarding the time schedule for the Carmarthen Street Extension, Mr. Zides
noted that such schedule will depend on when Council approves funds in the capital budget for this project.
(Councillors Landers, Gould and Green withdrew from the meeting during discussion of the above
matter) .
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that the proposed Deferred Widening By-Law respecting the
extension of Carmarthen Street, be laid on the table pending the availability of additional information.
Question being taken, the tabling motion was carried.
Prior to the regular meeting, the Council met in Legal Session.
Read a letter from Mr. Harold Coughlan, Jr., regarding a resolution adopted by Common Council on
September 22nd, 1980 ordering the demolition of his building located at 71 St. James Street, advising that he
had been advised that he might appear at that meeting to present any objections, however, on that date due to
involved personal financial obligations then in progress, he felt it would not be wise to present publicly his
position as the negotiations he had underway then coUld be adversely affected by what he would have had to say
to the Council. The letter advises that shortly after the resolution was passed by Council, he settled all
financial obligations concering this building as far as ownership is concerned and he now holds clear title to
it - the building is three-storey brick and structurally sound except for a garage attached to the rear of the
building and he agrees with the Building Inspector's report as far as the garage is concerned in that it should
.be demolished. Mr. Coughlan's letters advises that he would like the Council to know that he has spent in the
vicinity of $25,000.00 to $30,000 over and above the 'purchase price within the past nine years.
Messrs. Harold L. Coughlan, Jr., and Charles F. Whelly, solicitor, entered the meeting.
Mr. Whelly stated that prior to the above matter being referred to Council for consideration, Mr.
Coughlan was in contact with the Building Inspector who told Mr. Coughlan that the building in question was
structurally sound but that the rear portion was dilapidated and if this was demolished, and the remainder of
the building boarded up and made secure, it woUld not require demolition; subsequently this matter was con-
sidered by Council, at which time Mr. Coughlan was given an opportunity to appear. He advised that Mr. Coughlan
did not appear in open session of Council when, the matter was considered as he is in the realty business and he
could be faced with questions, some of which he felt might lead to embarrassing answers by him which might
reflect on his business in the community; and secondly, at that time Mr. Coughlan did not have clear title to
the building, however, since that time, any encumbrances on the building have been cleared, and Mr. Coughlan
owns clear title to the building.
Mr. Whelly stated that in view of the fact that the building is structurally sound and can be rehabil-
itated, and in view of the extenuating circumstances as outlined, he would request that Council might entertain
a motion to reconsider the matter. He advised that Mr. Coughlan requests permission to make the building
secure and intends to sell the building to a purchaser who would be willing to undertake rehabilitation.
Mr. John Johnson, Building Inspector, was present at the meeting and advised that the garage portion
of the building is dangerous, however, if certain elements in the remainder of the building, which are now of a
minor danger, were repaired, it is feasible that the building could be rehabilitated. During ensuing discussion,
Mr. Whelly stated that 'his client would be prepared to immediately demolish the garage portion of the building,
before any arrangements are made for sale of the property.
(Messrs. Coughlan and Whelly withdrew from the meeting)
Mr. Rodgers advised Council that under the 1925 Building Act, when a resolution declaring a building
to be dangerous or dilapidated is adopted, the owner has ten days to carry out demolition, after which the City
may demolish such building. He stated that his recommendation would be for Council to receive a written report
from the Building Inspector that what Mr. Coughlan proposes is satisfactory, and then Council will be deciding
on whether to demolish, or not demolish, the said building. He noted that under the Act the Council is not
required to demolish such a property; such action is at the discretion of the Council.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the Building Inspector be requested to submit a report at
the next meeting of Council regarding the building located at 71 St. James Street, in view of the presentation
made at this meeting by the owner of the'said building.
On motion
The meeting adjourned.
~~
At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the fourteenth day
of October, A. D. 1980, at 9.00 o'clock a.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Elliot, Gould, Green, Knibb, MacCallum, M. Vincent
and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance, ,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Deputy
Commissioner of Engineering, J. Gabriel, Deputy Commissioner of Works,
D. Wilson, Deputy Commissioner of Finance, M. WinCh, Deputy Commissioner
of Community Planning, J. F. Ross, Chief of Police, P. Clark, Fire Chief,
D. French, ,Director of Personnel, J. Johnson, Building Inspector, G. Soucy,
Labour Relations Officer, and D. Buck, Deputy Commissioner of Housing
and Renewal Services
470
~
\
Market Square
, Agreement
'C.M.H.C.
H.M. The Queen
Non-union
, Salaries
Councillor Elliot offered a prayer which opened the meeting.
On motion of Councillor M. Vincent
Seconded by Councillor Green
BE IT RESOLVED:-
.
1. That the arrangements made for the involvement of the City in the ,Market Square Project, so called,
in the City of Saint John, and all related matters, as outlined to thls meeting and as set out in the
Master Agreement to be entered into under date as of October 14, 1980 between Canada Mortgage and
Housing Corporation, Her Majesty the Queen in Right of the Province of New Brunswick, as represented by
the Minister of Commerce and Development, New Brunswick Housing Corporation and the City, and as set out
in certain indentures referred to in and to be entered into pursuant to such Master Agreement or as
otherwise relating to the Market Square Project, be approved, ratified and confirmed; AND FURTHER BE IT
RESOLVED:
1
2. That the Mayor together with the Common Clerk of the City be and they are hereby authorized, in the
name and on behalf of the City, to execute and deliver 'the aforementioned Master Agreement and all
indentures to which the City is a party as referred to therein or as may otherwise relate to the Market
Square Project, 'in such form 'and containing such terms as may be approved, such approval of the form and
terms thereof to be conclusively 'evidenced by the execution thereof as aforesaid; and without limiting
the generality 'of the foregoing, to execute and deliver:
(a) Urban Renewal Extension Agreement;
(b) Deed of Urban Renewal Sites to Market Square Corporation;
(c) Central Building Complex Lease;
(d) Central Building Complex Construction Agreement;
(e) Central Building Complex Housing Agreement;
(f) Library Pre-Lease 'Agreement;
(g) Parking Garage Pre-Lease Agreement;
(h) Trade Centre Pre-Lease Agreement;
(i) City Centre Improvements Project-Construction Management Agreement;
(j) Union Street Office Site Lease;
(k) Water Street Office Site Lease;
(1) Urban Renewal Sites Agreement;
(m) Urban Renewal Sites Trust Declaration;
(n) Central Building Complex Site Collateral Agreement;
(0) Undertaking to Sub-Lease Portion of Library;
(p) Water Street Office Site Collateral Agreement;
(q) Site Containment Agreement.
I
.
Mayor Lockhart ,and Deputy Mayor M. Vincent acknowledged the efforts of 'the present Common
Council, past Councils, the various levels of Government, ,City staff members, Mr. Thomas McGloan,
chairman of the Market Square Corporation, and the developer, Mr. Pat Rocca, in making the Market Square
Project a reality.
On motion
I
The meeting adjourned.
~" """
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twentieth
day of October, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Elliot, Gould; Green, Knibb, Landers, MacCallum,
A. Vincent and,Wayne
.
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. ,Rodgers, City Solicitor, M. Zides, Commissioner of Community Planning
and Development, M. Winch, Deputy Commissioner of Community Planning,
J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong,
Deputy Commissioner of Engineering, J. F. Ross, Chief of Police, D. J.
French, Director of Personnel, J. Johnson, Building Inspector, and
G. Soucy, Labour Relations Officer
I
Rabbi Roger Pavey of Shaarei Zedek Synagogue offered'a prayer which opened the meeting.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that minutes of.the meeting
of Common Council, held on
October 6th last, be confirmed.
On motion of Councillor Gould
I
Seconded by Councillor Elliot
RESOLVED that minutes of the'meeting of Common Council, held on
October 14th last, be confirmed.
The Mayor noted that it was indicated at a previous Council meeting that non-Union salaries
and salary ranges would be made available publicly, and stated that he will make a copy of same available
to the press. He'further noted that there, has 'been no 'change in the salaries previously approved by
Council and made public at that time. Regarding the'authority granted the City Manager to bring in
recommendations for merit increases, Mr. McDermott stated'that he had suggested that he was considering ...
up to seven people at this time for merit increases, although that does not mean that there will necessarilY'l'
be seven employees receiving such merit increases..
...4
II""
:471
.
,Victoria Stre
Policy re
,pri vate
streets
1
Mun. Plan
By-Law
Prop: Westfiel
Rd
Automatic
Vending Ltd.
I'
Plan. Adv. Co
Harry Co 1 we 11
.
Mun. Plan By-
Law
I
.
re-zoning
Prop: Westfiel
Rd.
re-zoning
conditions
I
1
.
....
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from His Worship Mayor Lockhart advising that
several weeks ago he was approached by residents of Victoria Street requesting information as to why their
street was not chipsealed when other streets in the area were being completed at that time and on making
inquiries he finds that the street is classified as a "private" street, and suggesting that the residents ,in
this area, as well as similar situations in other parts of the City, should be entitled to certain City
services such as chipsealing -- be received and filed and the matter be referred to the City Manager for a
report and recommendations to permit Council to set a policy 'on the upgrading of these so-called "private"
streets, and also to have them reclassified as "public" streets.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of an approximately 1 1/2 acre portion of a parcel of land located on the easterly side of Westfield
Road, opposite South Bay United Church (L.R.I.S. Number 287680), by: (a) amending Schedule 2-A, the Future
Land Use Plan of the Municipal Development Plan to designate the land as Light Industrial instead of its
current Low Density Residential designation, and (b) re-zoning the said property from "RS-2" One- and Two-
Family Suburban Residential to "I-I" Light Industrial classification, to permit the erection of a 40-foot by
60-foot building to be used as a distribution warehouse for automatic vending machines, as requested by
Automatic Vending Ltd., and that a letter of objection to the proposed amendments has been received from Mr.
J. D. Vriezen.
Consideration was given to the letter from the Planning Advisory Committee, dated September 25th,
1980 which recommends that the subject property be redesignated in the Municipal Plan from Low Density Resi-
dential to Light Industrial and be re-zoned from "RS-2" to "I-I" subject to a resolution of Common Council
pursuant to Section 39 of the Community Planning Act, providing for: (a) the use of the property shall be
restricted to a distribution warehouse and offices for vending machine products; and (b) prior to the issuance
of abuilding permit, the applicant shall submit to and receive the approval of the Deputy Commissioner of
Planning for a plan indicating buildings, parking, landscaping and other appropriate features.
Mr. Harry Colwell, solicitor, was present at the meeting on behalf of Automatic Vending Ltd., and
with regard to one of the objections raised by Mr. Vriezen in his letter, that a distribution warehouse for
automatic vending machines should be placed in the center of its market area for efficient transportation to
the end-use locations of the vending machines, Mr. Colwell advised that the property will be used as a ware-
house facility for the preparation of food, which will be distributed to the vending machines at other locations,
and the property will not be used for the storage and maintenance of vending machines themselves.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify an approximately 1 1/2 acre portion of a parcel of land located on the easterly side of Westfield
Road, opposite South Bay United Church (L.R.I.S. Number 287680) from Low 'Density Residential to Light Industrial,
be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
,Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify an approximately 1 1/2 acre portion of a parcel of land located on the easterly side of Westfield
Road, opposite South Bay United Church (L.R.I.S. Number 287680) from Low Density Residential to Light Industrial,
be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning an approximately 1 1/2 acre
portion of a parcel of land located on the easterly side of Westfield Road, opposite South Bay United Church
(L.R.I.S. Number 287680) from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial
classification, subject to a resolution of Council pursuant to Section 39 of the Community Planning Act,
providing for the following: (a) the use of the property shall be restricted to a distribution warehouse and
offices for vending machine products; and (b) prior to the issuance of a building permit, the applicant shall
submit to and receive the approval of the Deputy Commissioner of Planning for a plan indicating buildings,
parking, landscaping and other appropriate features, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning an approximately 1 1/2 acre
portion of a parcel of land located on the easterly side of Westfield Road, opposite South Bay United Church
(L.R.I.S. Number 287680) from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial
classification, subject to a resolution of Council pursuant to Section 39 of the Community Planning Act,
providing for the following: (a) the use of the property shall be restricted to a distribution warehouse and
offices for vending machine products and (b) prior to the issuance of a building permit, the applicant shall
submit to and receive the approval of the Deputy Commissioner of Planning for a plan indicating buildings,
parking, landscaping and other appropriate features, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee regarding
the said amendments, and the letter of objection from Mr. J. D. Vriezen, be received and filed.
472
~
Municipal Plan By-Law
Prop: Hickey Road
Petition
\
Dante Foriere
Study
roller skating
rink.
Plan Adv. Com.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of a 2.4 acre parcel of land located on the southern side of Hickey Road, next to Little
River (L.R.I.S. Number 55007058), by: (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal
Development Plan' to designate the land as District Centre Commercial instead of its current Low Density
Residential designation, (b) re-zoning the said 'property from,"RS-2" One- and Two-Family Suburban Residen-
tial to "B-2" General Business classification, and (c) adding to Part rv of the Zoning By-Law, "roller
skating rink" as a permitted use, to permit the construction of a roller skating facility of apprioximately
20,000 square feet.
.
Consideration was given to the letter from the Planning Advisory Committee, dated October 8th,
1980, which recommends that the said property be redesignated on Schedule 2-A of the Municipal Develop-
ment Plan from Low Density Residential to District Centre Commercial, and that the subject site be re-
zoned from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business subject to a resolu-
tion of Common Council pursuant to Section 39 of the Community Planning Act providing for: (a) the I
subject parcel of land be restricted in use to a roller skating facility; (b) that plans indicating
location of building, design and construction of building, areas to be filled, driveways and parking,
landscaping and signage be submitted and approved by the Deputy Commissioner of Community Planning
before building permits are issued; and that Part rv, Section 108A(1) be amended by adding "(j) roller
skating rink" as a conditional use.
Copies of a letter received from H. E. Howard, John Bedell, Etta Bruce, Janet Price and Bette
McFarlane, and a petition containing the signatures of 87 area residents, objecting to the proposed
roller skating facility, were distributed to the Council members at this time. Mr. John ,Bedell, acting
as spokesman for the said residents, outlined the objections to the proposed facility regarding increased
traffic problems, the building being a natural attraction for the students of Simonds High School,
increased parking problems, the possibility of such property being used for other businesses if the
proposed busines did not turn out to be financially viable, and the serious litter problem at present
between Simonds High School and a small convenience store/takeout at the top of the blind knoll in this
area, said objections being outlined in detail in the letter from the said residents.
I
Mr. C. Dwight Allaby, solicitor, appeared before the meeting on behalf of the applicant, Mr.
'Dante Foriere, and speaking to' 'the obj ections raised by the area residents, advised as follows: regarding
the anticipated increased traffic problem, the property is located on a collector highway, which in his
opinion would be adequate for the traffic, and that the present traffic problem is evident during regular .
business hours, when the proposed facility would not be operating; parking spaces will be provided for
100 vehicles to prevent any additional parking problems in the area, and that fill will be required to
this lot in order to proceed with the development; regarding the financial viability of the project, it
is recognized that this is a risk venture and in the initial proposal it was suggested if this project
was not financially sound, 'his client would like to use the property for other uses, while realizing
that such approval must be given by Common Council, if such a request is made; no plans have yet been
drawn for this building pending approval by the City; and that his client has no objection to the
stipulations recommended by the Planning Advisory Committee and is willing to co-operate with the City
in this regard; regarding the garbage and littler problem, he does not see where garbage would originate
from such a facility - the present problem in this area must be caused by another business already
iliocated in the area; and that it is proposed to remove the existing buildings on the lot and to con-
struct a building of approximately 100 feet by 200 feet of steel construction with brick siding.
Councillor Wayne referred to a previous request of Deputy Mayor M. Vincent that staff conduct a I
study of areas in the 'City which would be suitable for a roller skating'facility, and she suggested that
such study should be received by Council before any action is taken on the proposal under consideration.
During further discussion, the Mayor stated he has been advised that such staff report should be finalized
by next week.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the application of Mr. Dante Foriere for re-zoning of
property located on the southern side of Hickey Road (L.R.I.S. Number 55007058) to permit the construction
of a roller skating facility, be denied.
Councillor Knibb expressed his disapproval with the above motion and noted that such a facility
would increase the City's tax base, provide economic benefits to the area, and provide worthwhile employ- .
ment, and that he would like to see such a facility within the City limits in the foreseeable future.
Councillor Landers, stating that he previously shared the views expressed by Councillor Knibb, advised
that after viewing such a facility in the City of Moncton, which is located in an industrial park, he now
feels such a facility should only be located in industrial parks or commercial zones. Councillor Wayne
suggested that the requested staff report should be considered by Council prior to a decision being made
on this application.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table for one
week.
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest regarding
the matter under consideration).
I
Question being taken, the tabling motion was lost with the Mayor and Councillors Elliot, Gould,
Green, Landers and A. Vincent voting "nay".
Councillor Green stated that in view of the objections raised and the increased traffic problems I
such a facility would cause, he will be opposing the present application. Councillor A. Vincent stated he
cannot support the application and following previous applications for roller skating facilities in the
City, he now realizes that roller skating is a "fad" and in a short time an owner would be requesting
another use for such a facility.
Question being taken, the motion was carried with COlUlcillors Gould and Knibb voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Green .
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed amendments, and the letter and petition from area residents objecting to the
said proposal, be received and filed.
(Councillor Elliot re-entered the meeting)
..d
,...
'.\. .'
. -, ~'-,
473
Mun. Plan
. Prop:
670 Charles
St.
'\ R.M. Scott Ins.
Agency Ltd.
I
I
.
re-zoning
Prop: 670
CharI es S
R. M. Scott
Ins Agency
Ltd.
re- zoning
condi tions
I
.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of the 'lot located at the northwestern corner of 'Catherwood and Charles Streets and identified as civic
number 670 Charles Street (L.R.I.S. Number 35196), by: (a) amending Schedule 2-A, the Future Land Use Plan of
the Municipal Development Plan to designate the land as District Centre Commercial instead of its current Low
Density Residential designation, and (b) re-zoning the said property from "R-2" One- and Two-Family Residential
to "B-2" General Business classification, to permit conversion of the existing building to a general insurance
office on the ground floor and an apartment in the basement level, as requested by R. M. Scott Insurance
Agency Ltd., and that no written objections were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated October 8th, 1980,
advising that while staff have indicated they are unable to support the application, the Committee recommends
to Common Council that the subject property (L.R.I.S. Number 035196) be re-zoned from "R-2" to "B-2" subject
to a resolution of Common Council, pursuant to Section 39 of the Community Planning Act, providing for the
following: (a) the use of the property shall be restricted to an insurance office and a basement apartment;
and (b) that prior to the issuance of building permits and/or the use of the property as an insurance office
the applicant shall submit to and receive the approval of the Deputy Commissioner of Community Planning for a
plan indicating building(s), driveways and parking area, landscaping, and other appropriate site features.
The letter notes that although the applicant has requested that the Municipal Plan be amended so that the
property would be redesignated from Low Density Residential to District Centre Commercial, this change is not
necessary in order to implement the re-zoning.
Mr. Robert Scott was present at the meeting on behalf of the applicant, and stated that there are 54
homeowners located within 300 feet of the property in question (excluding the residents of Greystone Terrace)
and that in polling the said residents, 39 stated they would have no objection to the proposal, 2 were against
the proposal, 1 was undecided, and 12 were unable to be contacted. He noted that there are presently eighteen
businesses in operation within 500 feet of the subject property.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re~zoning property located at the
northwestern corner of Catherwood and Charles Streets and identified as civic number 670 Charles Street
(L.R.I.S. Number 035196) from "R-2" One- and Two-Family Residential to "B-2" General Business classification,
subject to a resolution of Council pursuant to Section 39 of the Community Planning Act, providing for the
following: (a) the use of the property shall be restricted to an insurance office and a basement apartment;
and (b) that prior to the issuance of building permits and/or the use of the property as an insurance office
the applicant shall submit to and receive the approval of the Deputy Commissioner of Community Planning for a
plan indicating building(s), driveways and parking area, landscaping, and other appropriate site features, be
read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property located at the
northwestern corner of Catherwood and Charles Streets and identified as civic number 670 Charles Street
(L.R.I.S. Number 035196) from "R-2" One- and Two-Family Residential to "B-2" General Business classification,
subject to a resolution of Council pursuant to Section 39 of the Community Planning Act, providing for the
following: (a) the use of the property shall be restricted to an insurance office and a basement apartment;
and (b) that prior to the issuance of building permits and/or the use of the property as an insurance office
the applicant shall submit to and receive the approval of the Deputy Commissioner of Community Planning for a
plan indicating building(s), driveways and parking area, landscaping, and other appropriate site features, be
read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from the Planning Advisory Committee regarding
Plan. Adv. Com. the above proposed re-zoning be received and filed.
Street closing
"Portland St
I ' High St
By-Law
I
.
.....
The Common Clerk advised that the necessary advertising was completed regarding the proposed closing
of portions of Portland Street and High Street, and that no written objections were received in this regard.
No person was present to speak either against or in favour of the proposed street closings.,
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways and portions of
highways: -
Portland Street - As it existed prior to July 2, 1969, from the southerly sideline of Main Street as it now
exists, to the northerly sideline o~ Hilyard Street as it now exists.
High Street - As it existed prior to August 19, 1968, from the easterly sideline of Simonds Street as it then
existed, to the westerly sidelines of Portland and Hilyard Streets as they now exist.
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities
Act, R.S.N.B. 1973".
On motion of Councillor Gould
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways and
portions of highways:-
474
~
Street closing
'Walnut St
'Hill St
'Beech St
By-Law
\
Petition
'>Eliz: A. Cann:
,Brookville
Torryburn
sidewalks
,
Mispec Pavilion
,
Simonds Co-operative
Limited
garden centre
Portland Street - As it existed prior to July 2, 1969, from the southerly sideline of Main Street as it
now exists, to the northerly sideline of Hilyard Street as it now exists.
High Street - As it existed prior to August 19, 1969, from the easterly sideline of Simonds Street as it .
then existed, to the westerly sidelines of Portland and Hilyard Streets as they now exist.
- be read a second time.
Read a second. time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Munici-
palities Act, R.S.N.B. 1973".
The, Common Clerk advised that the necessary advertising was completed regarding the proposed
closing of portions of Walnut Street, Hill Street, and Beech Street, and that no written objections were
received in this regard.
1
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways
and portions of highways:-
I
Walnut Street - the portion lying between Prospect Street and the C.P.R. right-of-way.
Hill Street - in its entirety.
Beech Street - in its entirety.
- be read a first time.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up .
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Munici-
palities Act, R.S.N.B. 1973".
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A'Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways
and portions of highways:-
Walnut Street - the portion lying between Prospect Street and the C.P.R. right-of-way.
Hill Street - in its entirety.
I
Beech Street - in its entirety.
- be read a second time.
Read a second time ,the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of'the Munici-
palities Act, R.S.N.B. 1973".
At this time, Mrs. Elizabeth A. Cann presented a petition signed by residents of Brookville and
Torryburn requesting that the City of Saint John construct sidewalks and make road improvements on Route
#100 between the underpass at the end of Rothesay Avenue and extending to the county line at Renforth.
The petition cites the following reasons for such requests: heavy traffic conditions (15,000 vehicles per
day); the hazardous road conditions (blind turns, blind knolls, blind driveways, narrow bridge, dips in .
the pavement, fallen away road, narrow shoulders, narrow winding road); heavy truck traffic (60 per
hour); poorly enforced speed limit (60 km limit, traffic travelling at 70 to 80 km); trucks poorly
maintained; trucks overloaded and speeding; and last but not least the many children who must walk to and
from the school bus stops on this busy highway. Mrs. Cann elaborated on the conditions referred to in
the petition and presented additional information in support of the residents' requests. Following her
presentation, Mrs. Cann was advised that Council will consider the said requests, later in the Council
meeting.
On motion of Councillor Knibb
Seconded by Councillor Green ,
RESOLVED that the letter from the City Manager advising that the
Mispec Pavilion has been less and less used over the years and parts of the building have deteriorated
and are no longer usable and as the only use of the Pavilion now is for canteen and washroom facilities
~or three months of the year, staff have examined means of meeting this need in the most economical way
and the following procedure is recommended: (1) demolish pavilion, salvage fixtures and plumbing; (2)
relocate the bathhouse building to the site of the existing pavilion, and renovate to provide canteen,
changing rooms, and washrooms, such project could be carried out in slack periods during this winter, and
to be completed for the summer program in 1981 at an estimated cost of $12,000.00; and recommending
approval for the foregoing program to be carried out this winter, with the costs to be included in the
capital budget -- be received and filed and the recommendation adopted.
I
1
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the joint letter from the City Manager, Commissioner
of Community Planning and Development, and Deputy Commissioner of Community Planning, regarding the
request of Simonds Co-operative Limited to move its garden centre to a new location on its property
situated on Westmorland Road, recommending that Common Council authorize Simonds Co-operative Limited to
erect a garden centre subject to the agreement between the City and the company, dated April 28th, 1980, .
being amended or replaced to reflect the current proposal, be received and filed and the recommendation
adopted.
~
,....
24 7,,5
.'Petition
Cliff St
, Parking
1
By-Law, Traffi
Coburg, Garden
& Dorchester
Streets
Wellesley &
Lansdowne Av
'E. Ferguson
Agreement
,garbage collec
tion
I
.
I
'Sidewalks
Forest Hills
Golden Grove R
.
N. E. Smith
'Property Serv'
ces Ltd.
\ 1 and, ,ci ty-own
Christopher Ct
Polaris Ct
I
'D. Hatfield, L
,Metro Const.
(1978) Ltd.
I
Progress
, Payments
, Canterbury St.
-Storm Sewer
'Ward St-waterm
,Fairvale Const.
Ltd.
.
....
On motion of Councillor Landers.
Seconded by Councillor Knibb
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding the petition from residents of Cliff Street requesting
removal of the two-hour parking limit, and regarding Council's request that staff examine parking regulations
in the entire area of Coburg Street, Paddock Street, Cliff Street, etc., recommending that the petition from
residents on Cliff Street to remove the limited parking be denied for the reasons specified in the report, and
that amendments to the Traffic By-Law concerning Coburg, Dorchester and Garden Streets be re-activated by
Council for third reading, be received and filed and the recommendation adopted, and that sections 1 and 2 of
the said amendment relating to parking regulations on Wellesley and Lansdowne Avenues (WhiCh amendment received
first and second readings by Council on July 28th, 1980), be deleted from the proposed amendment.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, advising that terms of the contract between the
City and Mr. E. Ferguson for garbage collection provide for increases in the yearly fee, and recommending that
an increase of $1.00 per unit, effective January 1st, 1981, be granted Mr. Ferguson to bring the different
rates into line, and that an agreement of four years duration be entered into, such agreement to contain the
same fuel adjustment clause as is contained in the existing contract for the outer tax zones, a copy of which
is submitted, be received and filed and public tenders be called for the said garbage collection service.
(Councillor Landers noted that he previously advised Council in writing of a possible conflict of
interest regarding matters involving the City's landfill site, and he thereupon withdrew from the meeting).
Discussion ensued regarding the above service, and whether public tenders should be called for such
contracts. It was noted that the terms of the present contract with Mr. Ferguson, including the termination
date, are not outlined in the letter from the City Manager. Councillors Knibb, Green and Wayne spoke in
support of the City Manager's recommendation. The Mayor and Councillor A. Vincent stated that the proposed
motion is not a reflection on the service being provided by Mr. Ferguson, but on the principle of calling
public tenders for such service.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent I
RESOLVED that the above matter be laid on the table pending additional
information regarding the termination date of the present contract with Mr. Ferguson.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
(Councillor Landers re-entered the meeting)
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Engineering, regarding the request to consider the
provision of sidewalks in the Forest Hills, Golden Grove Road area with respect to the Forest Hills Elementary
School, advising that the Engineering and Works Department has provision in its maintenance program for 1980
for the installation of asphalt sidewalk on Westmorland Road, such work to be completed by October 31st and
will provide for the completion of sidewalk on the remaining length of Westmorland Road to the intersection of
Golden Grove Road, and that preliminary estimates have been completed for the construction of sidewalks on
Golden Grove Road between Wildwood Street and Mystery Lake Drive and the indications are that approximately
$30,000.00 will be required to complete this work, however the Engineering and Works Department has no funds
in 1980 programs to provide this construction, and recommending that the matter of sidewalk on Golden Grove
Road be referred to the capital budget committee for consideration in the 1981 capital works program -- be
received and filed and the recommendation adopted.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the joint letter from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Engineering, regarding the request from N. E. Smith Property
Services Ltd. for improvement of City-owned property in the area of Christopher Court and Polaris Court on the
south side of University Avenue, advising that the Engineering and Works Department has provision for improvement
to the drainage system in this area and for landscaping work associated with this, in the 1980 capital program
at a cost of approximately $61,000.00, which work is currently underway, be received and filed.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoices, namely:-
D. Hatfield, Ltd. - (Works Dept.) equipment rental
Metro Construction (1978) Ltd. - supply of asphalt
- supply of asphalt
September 16-30,
October 1-8,
October 9-15,
1980
1980
1980
$ 41,494.17
$ 59,248.08
$ 53,413.74
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the fOllowing construction progress certificates, namely:-
1.
Canterbury Street - Storm Sewer
Ward Street - Watermain
Visart Street - Sanitary Sewer
Fairvale Construction Limited
Supply and install storm and sanitary sewer
and watermain
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated October 16, 1980 Partial Holdback Release
$ 51,884.00
46,541. 00
1,396.23
39,559.85
2,
$ 5,584.92
n
476
~
r
,Rothesay Ave. Water-
main & Storm sewer
construction
Fairvale Const Ltd
'Courtenay Bay Causew
,Gerald J. Ryan Co. Lt
'Lorne School Playgro &.
'R. A. Woods Const. Lt
'Carleton Com. Centre
'Glenwood Const. Ltd.
Market Square Corp.
Grant
Deferred Widening
By-Law
.Carmarthen St. Extn.
S. M. T. (Eastern) Lt
\
T. Enright
..! ~.
2.
"
3.
5.
Rothesay Avenue Watermain and Storm Sewer Construction
Fairvale Construction Limited
Supply and install water and sewer mains
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated October 16, 1980 Partial Holdback Release
$ 79,401.00 .
48,430.00
1,452.90
41,165.50
2,
$ 5,8ll.60
Courtenay Bay Causeway
Gerald J. Ryan Co. Ltd.
Storm sewer
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated October 7, 1980 Final Holdback Release
$ 55,847.45 1
55,847.45
Nil
54,172.03
Number 3,
$ 1,675.42
Lorne School Playground
R. A. Woods Construction Ltd.
Playground construction
Current budget allotment
Total work done, Estimate Number 4
Retention
Payment previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated October 7, 1980 Final Holdback Release
$ 42,628.52
42,628.52
Nil
40,654.86 u"7: recG;c-"'lilell for
I
$ 1,973.66
Carleton Community Centre
Glenwood Construction Ltd.
Renovations
Current budget allotment
Total work done, Estimate Number 6
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated October 7, 1980 Final Holdback Release
$ 33,504.00 .
33,504.00
Nil
32,158.56
Number 6,
$ 1,345.44
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, advising that the
CitY3of",Sa:imt iIbhnChas 'beefie,requestedhto make aegrant2fotoa,"loana.a:',';ailabIel.to ThenMarketClSquare Corpor--
atiohenotrtotexceed $50,000.00 for the purchase of office space, equipment, supplies and staff salaries, and
submitting a letter of permission,to apply for these funds from the Minister of Municipal Affairs as reqUiredl
by Section 14(2) of the Act setting up The Market Square Corporation, and recommending that a loan of '/;
$50,000.00 be made available to The Market Square Corporation at this time, to bear interest at the City's
cost of short-term borrowing, be received and filed and the recommendation adopted.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding the proposed
Deferred Widening By-Law respecting the Carmarthen Street Extension, submitting the following recommenda-
tions, namely:- (1) that the Carmarthen Street portion, which affects the S.M.T. building, be deleted
from the proposed by-law; (2) that the building line (setback) be reduced from 9 metres to 2 metres; (3)
that Council enact the Deferred Widening By-Law as altered by the foregoing, and as shown on the sub-
mitted revised plan; and (4) that Council bring to discussion for enactment the Deferred Widening By-
Law(s) recommendation for Union, Waterloo and Water Streets, tabled at Council's August 13th, 1979
meeting -- be received and filed and the recommendations adopted.
.
Consideration was also given to the letter from Mr. Wallace D. Macaulay, Q.C., solicitor for
S.M.T. (Eastern) Limited, advising that to accommodate the application of Mr. T. Enright for a building
permit to authorize him to renovate a bathroom in his home at 58 Waterloo Street (it being noted that
the proposed enactment of the Deferred Widening By-Law came about at 'this time as a result of such
application), and also to satisfy the objections of his client, he would suggest that the by-law be
amended by deleting from its application all the properties fronting on Carmarthen Street, which would
also have the effect of releasing properties on the west side of Carmarthen Street occupied by Irving
Oil Limited and the Old Loyalist Burial Grounds, as shown on the submitted plan.
I
During lengthy discussion, Councillor A. Vincent stated it is his understanding that, contrary
to the opinion of City staff, a deferred widening by-law does not automatically expire after a five-year
period. Councillor Landers expressed his disapproval with the proposed by-law, as the City has no
definite plans for such road extension, and thus places an ,undue hardship on the affected property
owners. Councillor Elliot questioned the implications to the application of Mr. Enright for a building
permit if the proposed by-law is not enacted. Mr. Winch advised Council that the Carmarthen Street
Extension is a proposal contained in the Municipal Development Plan adopted by Common Council in 1973;
that under the Community Planning Act a permit cannot be issued which is contrary to a Municipal Develop~
ment Plan; and that the enactment of the proposed Deferred Widening By-Law woUld permit the issuance of
a building permit to Mr. Enright. Councillor Knibb questioned the feasibility of the City undertaking
another major project in the City at this time, and stated that he will therefore vote against the
adoption of the proposed,by-law. Councillor Wayne noted that Mr; Enright has agreed to enter into an
agreement with the City, once the Deferred Widening By-Law is adopted, to provide that he will not
charge the City for the cost of the proposed renovations when the property is required for such street
widening. Councillor Elliot suggested that the proposed by-law should be adopted which will alleviate
the immediate problem regarding Mr. Enright, and then the matter of the long-term policy in this regard
can be further studied by staff and Council. Councillor Green stated that while he sympathizes with Mr.
Enright, he cannot support the adoption of such 'a far-reaching by-law in order to accommodate his
request.
I
Question being taken, the motion was lost with the Mayor and Councillors Green, Knibb Landers,
MacCallum and A. Vincent voting "nay".
.
~
,...
,477
T. Enright
.
I
I
,
Community
Services
Progr
. Associated In-
'-vestors of Ca .
Ltd.
, Brentwood Subd.
I
City Solicitor
'Billiard & Pool
Rooms By-Law
.
I
I
.
Land Committe
'Ci ty Market
Can. Diabetic
, Assoc.
....
Councillor A. Vincent proposed a motion, which was seconded by Councillor Green, that permission be
granted for the'issuance of a building permit to Mr. Enright for the requested renovations to his property on
Waterloo Street. The Mayor stated that such a motion is contrary to the Municipal Development Plan, and is
therefore not legal.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City Solicitor be requested to report at the next
meeting of Council on the status of the former Deferred Widening By-Law affecting Waterloo Street, and how
such by-law could be changed so that the problem of Mr. Enright, and any associated problems, can be solved
legally by Council.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above letters from the City Manager and Mr. Wallace D.
Macaulay, Q. C., be received and filed.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager advising that he has been
informed that there is a possibility of the Community Services Programme being terminated for 1981, and
following discussion with Mayor Lockhart the submitted letters were sent to the Honourable Paul Cosgrove and
Mayor Dennis Cochrane, be received and filed and Council acknowledge the need for, and usefulness of the
Community Services Programme to the City of Saint John and express the hope that the necessary steps will be
taken by the Federal Government to assure the continuation of this valuable program.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the joint letters from the City Manager, Commissioner of
Community Planning and Development, and Deputy Commissioner of Community Planning, regarding the request of
Associated Investors of Canada Ltd. for an extension of five years to the conditions under which 25 acres of
land (Brentwood Subdivision) were re-zoned for High Rise Residential, recommending that Common Council amend
its resolution of December 5th, 1969 (as amended June 1st, 1970 and March 29th, 1976) by varying the conditions
attached to the High Rise re-zoning of the subject lands by: (1) deleting any reference to a time limit; and
(2) requiring that a detailed, revised development plan be submitt~d which is acceptable to the Deputy Com-
missioner of Community Planning before building permits for any new development are issued, which plans should
indicate the overall concept as well as details of that portion of the project that is proposed to be developed
at any particular time -- be received and filed and Common Council resolution of December 5th, 1969 (as
amended June 1st, 1970 and March 29th, 1976) be amended by varying the conditions attached to the High Rise
re-zoning of the subject lands by (1) extending the time limit to the conditions under which the subject lands
were re-zoned for five years from this date; and (2) requiring that a detailed, revised development plan be
subnlitted which is acceptable to the Deputy Commissioner of Community Planning before building permits for any
new development are issued, which plans should indicate the overall concept as well as details of that portion
of the project that is proposed to be developed at any particUlar time.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the City Solicitor, regarding the
proposed by-law to regulate and license billiard and pool rooms, which was referred back to the City Solicitor
on September 29th, 1980 for an examination of the regulations as they pertain to the operation of billiard and
pool rooms in larger establishments and in particular, the playing of billiards in premises in possesion of a
special premises license issued under the Liquor Control Act of the Province, advising that he has re-examined
the by-law and the relevant legislation and while there is a strong argument for saying the by-law does not
apply to such operations, he has inserted Section 9 to clear up any doubt about its application, and further
advising that there are other places in the City where there are billiard or pool tables as part of a larger
establishment, and not falling under a special premises license, and it is his opinion that these operations
fall under the category of other "places of amusement" to which the by-law also has not application, be
received and filed and the said by-law be given first reading.
Councillor MacCallum suggested that section 8(1) of the proposed by-law should be broadened to
include convictions against a licensee under the Criminal Code of Canada, ';Narcotic Control Act, Food and Drug
Act, and the Liquor Control Act. Mr. Rodgers stated that under the Municipalities Act, such a license is tied
to the operation for which the license was issued.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the above proposed by-law be referred back to the City
Solicitor for redrafting as suggested at this meeting by Councillor MacCallum.
Question being taken, the referral motion was carried with Councillor Landers voting
" "
nay.
Read 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 begs leave to report that it sat on October 6th, 1980 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendation, namely:-
1. That as recommended by the Land Committee, 262.75 square feet of space in the City Market building
be leased to the Canadian Diabetic Association for a period of one year, commencing October 1st, 1980, at the
rate of $800.00 per annum, payable in advance every six months, and upon expiration of the one-year term,
tenancy will continue on a monthly basis, and that the Mayor and Common Clerk be authorized to execute any and
all documents related to this, transaction.
Saint John, N. B.,
20th October, 1980.
Respectfully submitted,
(sgd.) A. R.W. Lockhart,
Chairman.
478
"lIl
Plan. Adv. Com.
,William Kirk
,Mobile homes
Plan. Adv. Com.
Assoc. Investors of
, Canada Limited
Caledonia Drive
Plan. Adv. Com.
Slattery Management
'-. Realty Ltd.
Land Committee
Prop: 300 Watson St
'Ian Donald
Land Committee
Prop: 51 Minnette St
'August Vautour
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the above report be 'received and filed and the
recommendation contained therein adopted.
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee
regarding the request of Mr. William Kirk for a one-year extension to the original Council approval for
the temporary location of a mobile home on property on ,Westfield Road, advising that the Committee has
recently learned that the occupant of the mobile home has ,died and, therefore, the original reason for
the application is no longer valid, however, the owner of the mobile home would like additional time to
be able to sell and move the home, and recommending that permission be granted for the temporary placement
of the mobile home for a further period until December 31st, 1980 -- be received and filed and the
recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that as recommended by the Planning Advisory Com-
mittee, Common Council assent to the subdivision plan of Associated Investors of Canada Limited, with
respect to Caledonia Drive, the widening of Boar's Head Road and the land for public purposes.
'(Councillors Landers and A. Vincent withdrew from the meeting)
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee,
Common Council assent to the subdivision plan with respect to the proposed streets as shown on the
tentative plan submitted by Slattery Management & Realty Limited, Grandview Avenue, and accept the sum of
$5,820.00 in lieu of the vesting of lands for public purposes, subject to the following: (a) the portion
of the new street adjacent to the west side of proposed Lot 11 shall vest as a Future Street; (b) Lots 9
to 11 shall be shown on the subdivision plan as a Block "A"; and (c) the City and developer shall enter
into a subdivision agreement which shall provide, amongst other matters for the following: (i) the
developer shall install ,all ,necessary services except in the "Future Street"; (ii) there shall be no
development and/or re-subdivision of Block "A" until the land for public purposes requirement for this
area has been satisfied and until the Commissioner of Works certifies that the area is filled, compacted
and settled to his satisfaction.
(Councillor Landersre-entered the meeting)
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED'that as recommended by the Land Committee, the freehold
interest in the lot situate at 300 Watson Street (Lots 485-486 Brooks Ward) be sold to the lessee, Mr.
Ian Donald, for th"'sum of $4,450.00.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 51 Minnette Street (Lot ,D, Brooks Ward), be sold to the lessee, Mr. August
Vautour, for the sum of $400.00.
On motion of Councillor A. Vincent
Land Committee
Prop: 140 Queen
'Allison McLeod
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 140 Queen Street West (Lot 505, Brooks Ward) be sold to the lessee, Mr.
St.W. $
Allison McLeod, for the sum of 1,150.00.
Land Committee
Prop: 123 Rodney St
Mr & Mrs. REginald
Savoie
Land Committee
Prop: Harris St
Estate, Sarah Hazen
North/South Arterial
Land Committee
Prop: Riverhill Driv
'Jean D. Gauthier
'Audit Committee
'H. R, Doane & Co.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 123 Rodney Street (Lot 839-840 Guys Ward), be sold to the lessees, Mr. and
Mrs. Reginald Savoie, for the sum of $5,000.00.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the parcel of
land on the western side of Harris Street (L.R.I.S. Number 28183), be purchased from the Estate of Sarah
Hazen for the sum of $3,000.00, free and clear of all encumbrances, such property being required for
construction of the North/South Arterial, and that the Mayor and Common Clerk be authorized to execute
any and all documents required for the completion of the transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the property
situate on Riverhill Drive, as shown on the submitted map, be sold to Mr. Jean D. Gauthier for the sum of
$500.00 under the following terms and conditions: (1) that all legal and survey costs be borne by Mr.
Gauthier; and (2) that a stipulation be included in the deed for an easement to permit the City to enter
the land should any work be necessary to the sanitary sewer which runs under the adjoining property.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that as recommended by Council's Audit Committee, the
annual fee of H. R. Doane and Company for 1979 audit services in the amount of $35,500.00 be approved,
and that payment of the balance of $20,500.00 be authorised.
.
I
'1
.
1
.
I
I
.
...4
,...
479
.
I
Master Promo-
, tions Ltd.
Prop: 1004
Rothesay Ave
, Peti tion
truck routes
Manawagonish R
I
Civic Liberties
Assoc.
. Operation
\ Identificati
I
St. John Human
Development
, Council
Grants
Policy
\ Liquor license
\Toba Managemen
Limited
.
,Tenders accept
'Demoli tion
Prop: 18-20
Adelaide Stre
'- Paul's Truckin
I
Prop: '25-27
_~Barker St
_ 154&160
Church Ave.
'Chi tticks (1962)
Ltd.
I Petition
, BrookviUe
t Torrvhurn.l.
-'to \..St~eet~ )
'S,k,r,.u,,,,,.
.
LEG A L
S E S S I 0
Prop: 71 St.
James Street
'Harold Coughlan
Bldg. Inspector
ll...
Councillor Landers stated he will be voting against the above'motion as he feels such services
should be tendered. Councillor Elliot advised that the Audit Committee will be reviewing the method of
awarding auditing and banking services for 1981.
Question being taken, the motion was carried with Councillor Landers voting
" "
nay.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the application submitted by Mr. Roderick W. MacKenzie,
representing Master Promotions Ltd., for re-zoning of , property at 1004 Rothesay Road, be referred to the
Planning Advisory Committee for a report and recommendation and that authority be granted for the necessary
advertising in this regard, with the date for the public hearing by Council to be held on December 1st, 1980.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the petition from residents of Manawagonish Road, between
Catherwood Street and Purdy's Corner, requesting that the by-law regarding truck routes be enforced as it
applies to this area, and that the necessary signs be placed at the appropriate intersections to ensure that
transports and other ,large trucks not performing services be directed away from this area, be referred to the
City Manager, for action.
Councillor Knibb referred to the condition of a portion of Manawagonish Road which has been under
construction for the past several weeks, which work ,has not yet been completed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Sharon Head on behalf of the Saint
John Chapter of the Civil Liberties Association, submitting the following resolution which was adopted by the
Association, namely: "Whereas there is a growing use by Police forces for identification of bicycles to use a
social insurance number of the owner or the parent of the owner; And Whereas such identification of bicycles
is a commendable idea and the use of a social insurance number which is a Federal number and intended for
Federal purposes appear to be a dangerous concept: Resolved the Civil Liberties Association write to the City
of Saint John approving the concept of operation identification and urging that the Police be instructed in
future not to use or ask for social insurance numbers of owners or parents of owners of bicycles -- be referred
to the City Manager for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from the Saint John. Hmtan Development
Council, advising that in 1979 the said Council was asked to review applications for City grants and to make
recommendations to Common Council concerning their validity, however, the said Council felt it was not in a
position to undertake that review at that time, but committed itself to developing a grants policy for Council's
consideration; and further advising that considerable work has been done on the grants policy but it is not
yet ready for review by the Council, and since the time for a review of City grants applications is fast
approaching the said Council agreed that the Research, Planning and Evaluation Committee and the Money Management
Committee of the Human Development Council will establish a Grants Review Committee consisting of five persons __'
be received and filed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the nDtice from the Liquor Licensing Board, advising
that the application of Toba Management Limited for a beverage room license regarding premises located at the
Loch Lomond Shopping Mall, was heard by the said Board on October 10th, 1980, be received and filed.
Councillor Landers asked that the Mayor approach the Chairman of the Provincial Liquor Licensing
Board and request earlier notification of the hearing of applications for liquor licenses.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that an item with respect to tenders for demolition of
several properties be added to the agenda and considered at this time.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, tbe low tenders
received for demolition of the following properties, be accepted, namely:-18-20 Adelaide Street - Paul's Trucking
& Demolition Company Ltd., in the amount of $3,650.00; 25-27 Barker Street - Chitticks (1962) Ltd., in the
amount of $2,600.00; and 154 and 160 Church Avenue - Chitticks (1962) Ltd., in the amount of $1,400.00.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the petition'presented at this Council meeting on behalf
of residents of the Brookville area, be referred to the City Manager for a report and recommendations, to be
submitted for consideration of Council at the next regUlar meeting.
Councillor Wayne asked that the report from the City Manager also include a summary of a meeting
held recently in the Brookville area regarding services to this area.
On motion'of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that this meeting continue, in legal session.
(Councillor Gould re-entered the meeting)
Mr. John Johnson, Building Inspector, was present at the meeting during consideration of his report
to Council regarding- property located at 71 St. James Street, which property was considered by Common Council
;in Legal Sess,ion at the last regular meeting. The report states that if Common Council grants Mr. Coughlan's
request the following should be done: (1) the garage demolished; (2) all loose bricks removed;(3) the porch
o
480
"
'Harold Coughlan, Jr
City Solicitor
~irst L.D.H. Ltd.
Donald M. Gillis, Q.
'First L.D.H. Ltd
City Solicitor
'First L.D.H. Ltd.
'Council Committee
'First L.D.H. Ltd.
'C.M,H.C.
Tax arrears
and stairs at the back removed; (4) all windows boarded up from the exterior, preferably with painted
3/4-inch plywood screwed onto the window frames (cut plywood to fit windows); all loose glass to be
removed; and (5) the masonry on all sides of the building should be repointed and repaired in the spring
of 1981; and if the foregoing conditions are fully met, the building should be secure and not constitute 4It
a hazard to the public.
During discussion, Mr. Rodgers noted that it is not mandatory that the City demolish a building
once it has been declared dangerous and dilapidated, and if an extension is granted to the owner, Mr.
Harold Coughlan, Jr., the matter should be kept under review by the Building Inspector and following the
expiration of such time limit, if the required conditions are not undertaken by the owner, the Council
is still within its right under the 1925 Building Act to proceed with demolition.
On motion of Councillor Wayne
I
Seconded by, Councillor Knibb
, RESOLVED that the owner of the building located at 71 St. James
Street be given thirty days to undertake the work outlined in the above report from the Building Inspector,
and that the matter be reviewed by the Common Council at the end of such thirty-day period.
Question being taken, the motion was carried with Councillors Gould and Landers voting "nay".
Consideration was given to the following letters from the City Solicitor, namely:- a letter
regarding Council's request for an opinion with regard to the City's legal right to loan, pay, give or
subsidize the capital and/or operating expenses of First L.D.H. Ltd., advising that the said company was
created on the initiation of the City, being the majority shareholder, and having regard to the services
authorized in the Municipalities Act, it is his opinion that any public funds expended by the City
towards the capital or operating expenses of First L.D.H. Ltd. 'would not be an illegal payment of
funds, however, the legal right to expend those funds does not mean the City is committed to meet any
legal obligations of First L.D.H. Ltd.; a letter expressing his concern which he believes stems from a
misunderstanding of the powers and authority of Council committees, in particular, regarding the e
engagement of legal counsel for the purpose of giving advice and/or an opinion with respect to the
authority of the City to become involved in the expenses of First L.D~H. Ltd., advising that it is an
accepted principal of municipal law that committees created by Council have no authority to engage or
appoint staff; furthermore, it is not within the power of Council to delegate such authority to a
committee, and although the terms of references of various committees may differ, when Council resolves
itself into Committee of the Whole, ,it is merely creating a committee with no more power and authority
than any other Council committee, and the engagement of legal counsel'through a committee raises a
fundamental concern in his mind in that if such advice is followed by Council and unforeseen consequences
arise, the Council, as well as the Councillors as individuals, could be exposing themselves to an
unnecessary liability, especially if part of the advice given relates to consultation with the solicitor
without a solicitor-client relationship being established; and further advising that having regard to
the fact that committees of Council have no authority to engage such services, and without commenting on
the various other services necessary to the entire operation of local government, when Council believes
that there is a need for the engagement of outside counsel, he must stress that the engagement of legal
counsel should take place following consultation with the City Solicitor through a resolution of Council
in legal session.
I
.
On motion of Councillor Landers
I
Seconded by Councillor Gould
RESOLVED that the resolution adopted in Committee of the Whole on
October 14th, 1980 authorizing the engagement of Mr. Donald M. Gillis, Q.C. to provide a legal opinion
'with respect to the City's legal right to subsidize the capital and/or operating expenses of First
L.D.H. Ltd., be ratified.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the,above letter from the City Solicitor regarding
the powers and authority of Council committees, be received and filed. .
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the above letter from the City Solicitor regarding
Council's request for an oplnlon with regard to the City's legal right to loan, pay, give or subsidize
the capital and/or operating expenses of First L.D.H. Ltd., be received and filed and a copy be forwarded
to the Council committee studying the said company's housing project at Millidgeville.
(Councillor Gould re-entered the meeting)
I
Consideration was given to a report from the special committee consisting of Councillors G.
Forbes Elliot, John MacCallum and Albert Vincent, which was appointed by Council on October 6th last to
discuss the First L.D.H. Ltd. housing project at Millidgeville, advising of action taken as a result of
directives given to the said committee by Council, and submitting the following conclusions which were
reached following a meeting with representatives of Canada Mortgage and Housing Corporation: (1) recom-
mend to the Common Council that arrangements to payoff the tax ,arrears be carried out; (2) that a
consultant be hired to prepare specifications and recommendations concerning needed repairs for the
upgrading of all buildings; (3) that after these steps have been carried out, C.M.H.C. be asked to
consolidate the existing mortgage and arrears outstanding into one new arrangement, said arrangement to
be looked after at the going rate of approximately 5 3/4%; (4) that arrangements be made to update the
properties through a R.R.A.P. grant under which C.M.H.C. would make available a matching grant of up to
$2,500.00 per unit, said grant insofar as the 'City's portion is concerned to bear interest at the going
rate of approximately 14%; and (5) rents be established with C.M.H.C. approval to amortize adequately
expenditures associated with carrying this mortgage, taxing and other associated costs.
I
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that Council approve in principle the payment by the City
of tax arrears owing with respect to the First L.D.H. housing project, and that a small committee be
appointed to negotiate the terms for payment of such tax arrears with the Premier and/or the Minister of
Finance.
.
~
,..
" .481
.
I
I
.
'E. A. Trites
Canada Swumer
'- Games
I
',potash
Sussex
Rt. Rev. H.L.
Nutter
'Willett Fruit
Co. Ltd.
Parking
.'Cliff St.
Petition
'- Metro Const.
(1978) Ltd.
I 'Chitticks
,E. J. Ferguson
,garbage collec-
;1 tion
Agreement
.
\ (motion lost)
ll....
It was agreed that the committee referred'to in the above resolution would consist of Councillors
Elliot, A. Vincent and MacCallum.
On motion
The meeting adjourned.
~~
corrr:;; Clerk
,At a Common Council, held at the City Hall, in the City of Saint John, On Monday, the twenty-seventh
day of October, A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W.' Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Deputy
Commissioner of Engineering, J. Gabriel, Deputy Commissioner of Works,
M. Winch, Deputy Commissioner of Community Planning, J. F. Ross, Chief
of Police, C. E. Nicolle, Director of Recreation and Parks, J. Johnson,
Building Inspector, D. French, Director of Personnel, G. Soucy, Labour
Relations Officer, and D. Buck, Deputy Commissioner of Housing and
Renewal Services
I
Reverend Daryl Porter, Assistant Minister of Hillcrest United Baptist Church, offered a prayer which
opened the meeting.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that minutes of the meeting of Common Council, held on October
20th last, be confirmed.
The Mayor stated he wished to publicly acknowledge the successful efforts of Mr. E. A. Trites,
chairman, and the members of the 1985 Canada Summer Games Committee, in acquiring the said Summer Games for
the City of Saint John. He also acknowledged letters of support which have been received from the Cities of
Fredericton, Moncton, and St. John's, Newfoundland, as well as from several sports governing bodies.
Regarding the announcement made this date with respect to the potash development in the Sussex area,
the Mayor noted that such development will have far-reaching benefits for the entire southern area of the
Province.
Councillor A. Vincent asked that congratulations be extended to Right Reverend H. L. Nutter, bishop
of Fredericton, on his being elected archbishop of the Ecclesiastical Province of Canada, which takes in seven
Anglican dioceses in Eastern Canada.
The Mayor referred to the 75th anniversary of Willett Fruit Co. Ltd. doing business in the City, and
advised that an invitation has been received for members of Common Council to visit the said company's premises.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the matter of parking regUlations in the Cliff Street
area, which had been considered at the last meeting of Council, be referred back to staff for re-examination
and a report at the next meeting.
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that
for payment of the following invoices, namely:-
Metro Construction (1978) Ltd. - asphalt supply
Chitticks (1962) Ltd. - equipment rental
as recommended by the City Manager, authority be granted
October 16-21, 1980
October 1-15, 1980
$ 51,814.33
$ 5,436.00'
(Councillor Landers noted that he previously advised Council in writing of a possible conflict of
interest, and he thereupon withdrew from the meeting during discussion of the following matter).
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding the question of
entering into a four-year agreement with Mr. E. J. Ferguson for garbage collection, which had been tabled at
the last Council meeting pending receipt of additional information regarding the termination date of the
present contract with Mr. Ferguson, advising that Mr. Ferguson was a garbage contractor with the City of
Lancaster whose service to the public has been exceptional so ,that he has continued to retain an area for
garbage collection to this present day; with respect to the request for information on the present contract,
Council resolved on May 10th, 1976 to enter into a contract which extended to December 31st, 1978, and rate
adjustments for 1977 and 1978 were covered by an agreed amending formula; on January 2nd, 1979 Council agreed
to increase the rate from $21.00 to $23.00 per unit for 1979 and gave authority to amend the contract, however,
it is believed that no contract was actually entered into or amended, and the service is being carried out on
the basis of Council resolutions; with respect to the question of public tenders, Council agreed on January
14th, 1980 to call for public tenders for the outer tax zones, but did not include Mr. Ferguson's area in this
call, and this contract, which was awarded to the low tenderer, Gosson Sanitation Services, in the amount of
$24.00 per unit, extends to December 31st, 1984; further advising that the staff recommendation to Council on
October 20th, 1980 was to enter into a contract with 'Mr. Ferguson on the same terms and conditions as with
Gosson Sanitation Services, so that all private sanitation cDntracts would expire on December 31st, 1984; and
recommending that the Mayor and Common Clerk be authorized to execute a contract with Mr. E. J. Ferguson for
his service area on the same terms and conditions as the contract with Gosson Sanitation Services for Zones 1-
5 inclusive -- be received and filed and the recommendation adopted.
182
"lIIl
Ferguson, E.J.
'garbage collcetion
'Tenders, to call
lmOh8T"\ ,,"~CiV\clAcl--
tJ,)) ~<f I 1:0 )
-p'l '5,5"
\
Court House
\ Go ill
King St. East
,street, closure of
Bond Issue
Question being taken, the motion was lost with the Mayor and Councillors Denton, Elliot,
Gould, MacCallum and A. Vincent voting "nay".
On motion of Councillor Denton
.
Seconded by Councillor Gould
RESOLVED that public tenders be called for garbage collection in
the area presently serviced by Mr. E. J. Ferguson.
Councillor Elliot suggested it would be desirable to have a staff recommendation on the terms
of the contract, prior to the public tender call being made. Regarding a query of Councillor A. Vincent
if an in-house tender will be submitted, Mr. MacKinnon stated that the last time staff waS asked to
prepare prices for comparison purposes only, however, staff will do whatever Council requests in this
regard.~ Councillor Wayne suggested that by going to public tender, she believes this will result in a
higher price per unit to the City.
I
Question ~eing taken, the motion was carried with Councillors Green, Knibb, M. Vincent and
Wayne voting "nay".
(Councillor Landers re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED, that, the letter from the City Manager regarding the
transfer of the Courthouse and Gaol properties to the Province of New Brunswick, and the closure of a
portion of King Street East, be referred for consideration in Legal Session.
I
Question being taken, the referral motion was carried with Councillor Gould voting "nay".
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that occasion having arisen in the public interest of .
the fOllowing public civic works and needed Civic Improvements, that is to say:
FOR GENERAL PURPOSES
Protection Services $460,000
Transportation Services -
Central Business District $119,288; Dorchester Street $25,676; Grandview Avenue $18,147; Morna sidewalk
$22,741; University Avenue $31,766; Woodlawn Park '$15,781; Greendale Crescent $28,403; Highland Road
$22,716; Kanes Corner $135,610; King Street West $12,098; LeBlanc ,Court $26,297; Marlborough & Rockwood
$28,533; Proud Road $22,755; Range Road $38,745; Subdivision walkways $17,104; Westmorland Road $216,236;
Woodhaven Drive $19,168; Cabot Court $10,501; Central Avenue $22,738; Lorneville Road $47,727; McAllister
Drive $41,314; Rocky Bluff Terrace $13,965; Wilson Street $11,306; Main Street $40,253; Causeway $151,117;
Heatherway $16,346; Anthony's Cove $42,351; Hickey Road $67,318
-- $1,266,000
I
Environmental Services
Land Fill Site $132,000; Land development $114,000
Recreation and Parks -
Projects included in 1980 programme:
Forest Hills Park $77,000; Dominion Park $86,000; Lakewood Reservoir Park $20,000; Rockwood Park $230,000;
Tucker Park $25,000; Simonds Arena $25,000; Lord Beaverbrook Arena $25,000; School Park Development
$40,000
-- $528,000
Total General Purposes - $2,500,000
FOR SELF-SUPPORTING UTILITY:
Water System - .
Water Street $135,063; Rothesay Avenue $127,202; Loch Lomond Road $64,681; Subdivision materials $170,451;
Land for watershed development $289,275
Projects included in 1980 programme:
Rothesay Avenue $80,000; Ward Street $33,328
-- $900,000
Sewer System -
Marsh Creek flood control $60,301; Woodlawn Park $39,950; Hickey Road $6,500; Gilbert Street $17,170;
Josselyn Road $51,147; Westmorland Road $23,574; Woodward Avenue $278,510; ,Fairville Boulevard $52,043; I
Ann Street $5,808; Marlin Court $22,477; Summit Avenue $12,517; Old Black River Road $14,016; Sea Cliff
Drive $17,856; Subdivision materials $229,178; Land purchases $34,627; Hazen Creek S.T.P. $179,158;
Millidgeville S.T.P., $57,097
Projects included in 1980 programme:
Hazen Creek S.T.P. $140,000; Millidgeville storm sewers $190,000; Greendale $160,000; Red Head $8,071
-- $1,600,000 '
Total Self-Supporting Utility - $2,500,000
A total for all purposes - $5,000,000
THEREFORE RESOLVED that Debentures issue under provlslons of the Acts of Assembly 52, Victoria, Chapter
27, Section 29, and Amendments Thereto, to the amount of $5,000,000.
I,
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS by resolution passed by the required vote of the Mayor and each of the ten Councillors
present, being members of the Common Council of The City of Saint John, at a meeting of the said Common .
Council duly called and held on the 27th day of October 1980, The City of Saint John authorized the
issue of debentures in the aggregate principal amount of $5,000,000.
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.483
NOW THEREFORE be it resolved and ordered as follows:
Bond Issue
1.
according
That t~e said debentures in
to the following schedule:
1981 $ 360,000
1982 360,000
1983 360,000
1984 360,000
1985 360,000
1986 360,000
1987 360,000
1988 360,000
1989 360,000
1990 360,000
the principal amount of $5,000,000 shall be in serial form to mature
.
1991
1992
1993
1994
1995
$ 280,000
280,000
280,000
280,000
280,000
I
2.
rate of:-
That the said debentures shall be dated December 15, 1980 and bear interest from that date at the
13 1/2 per cent, per annum
Such interest to be payable half-yearly on the respective 15th day of June and December in each year of the
currency of the said debenture.
I
3. That the said debentures and related interest coupons shall be payable at any branch in Canada of The
Bank of Nova Scotia, far northern branches excepted.
4.
"A".
That the said debentures shall be substantially in the form hereto annexed and marked with the letter
!
5. That the said debentures shall be numbered consecutively, shall be signed by the Mayor and countersigned
by the Common Clerk and the Corporate Seal of The City of Saint John shall be affixed thereto and the coupons
for interest attached thereon shall bear the 'lithographed facsimile signature of the Common Clerk of the said
City."
.
NUMBER
(Specimen Bond)
CANADA
PROVINCE OF NEW BRUNSWICK
DOLLARS
$1,000
THE CITY OF SAINT JOHN
. c ,', ~ _~.~ .
, ,
% Serial Debenture':
~:.,_F'
Thee-Municipal C6rporat ion of The' .City.of cSaint',J ohn'under'cthe 'autholOity, of,
ChaptelO 27 of the Acts of the Legislative Assembly of New Brunswick for the ",..,
year A.D. 1889, entitled "An Act to Unite The City of Portland with The City
of Saint John, in The City and County of Saint JOhn, and to Amend the Charter c'
of The City of Saint John and The Law Relating to Civic Government", as amended,
and the Municipal Debentures Act, and amendments thereto, and pursuant to
Resolutions of the said Corporation passed on the 27th day of October 1980 for
value received, promises to pay to the bearer (or if registered to the registered ....
holder hereto) at any branch in Canada of The Bank of Nova Scotia, far northern
branches excepted, at the holder's option, on the day of A.D.
1
the sum of
ONE THOUSAND DOLLARS
.
in lawful money of Canada and further promises
day of at the rate of
payable half-yearly on the respective
in each year of the currency of this debenture
sentation and surrender of the proper interest
severally mature.
T~~s debenture forms part of an issue of a total principal amount of $
payable as to both principal and interest in lawful money of Canada, issued
under the statutory authority above mentioned.
to pay interest thereon from the
per centum ( ) per annum
day of and
in accordance with and upon pre-
coupons hereto annexed as they
This debenture is transferable by delivery except when it is registered as to
principal in the register kept by the Treasurer of the City of Saint John and such
registration is inscribed on the debenture. Notwithstanding any such"Tegistration,
interest coupons shall continue to be payable to bearer and shall bass by delivery.
I
DATED AT SAINT JOHN THIS
DAY OF A.D. 19
-
IN TESTIMONY WHEREOF the said Municipal
Corporation has caused this debenture
to be signed by its Mayor and counter-
signed by its Common Clerk and its
Corporate Seal to be hereto affixed on
his day of
A.D. 19 cat The City of Saint John,
Province of New Brunswick.
I
Common Clerk
Mayor
(Specimen Coupon)
Coat
of
The Municipal Corporation of The City of Saint John, N.B. will pay the
bearer on the date shown in the margin at any branch in Canada of The Bank
of Nova Scotia, far norther branches excepted, at the holders option, the $
sumoof being six months' interest then due on the
debenture numbered as in margin
Being six months' interest then due on the Debenture No. Dates as
of.,the-'" 'OOL. day of A.D. 19
Debenture
Number
.
Arms
Coupon
Numper
Common Clerk
.....
484
~
Tenders, to call
"'
Deferred Widening
By-Law
Waterloo St
,T. Enright
By-Law
,Deferred Widening
Carmarthen St Extn.
Lord Beaverbrook
'- Rink Committee
Trust a~~lication
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the Commissioner of Finance be hereby authorized to
call for bids for the debentures from investment dealers in accordance with the form of tender call sub-
mitted by him at this meeting, with the said bids to be opened by Common Council at a special meeting to
be held on Wednesday, November 5th, 1980 at 2 p.m. '
Read a letter from the City Solicitor, dated October 23rd, 1980, regarding Council's request
for a report on the status of the Deferred Widening By-Law affecting Waterloo Street, and how such by-
law could be changed so that the problem that Mr. T. Enright and any associated problems could be
solved legally by Council, advising that he has reported several times on various other matters relating
to the Deferred Widening By-Law, and in a report to Council dated September 7th, 1978, he stated that
"such a by-law would designate an area larger than would be required for the actual roadway but would
generally establish the alignment and the benefits of such ,a by-law would accrue to the property owners.
After the by-law is passed any affected property owners could ,approach the City with an offer to sell.
From the time of such offer the City would have six months to decide to,purchase or release the individual's
land", and at that time he was talking about land under a Deferred Widening By-Law which is free of
buildings and structures. The letter states that there seems to be a general misunderstanding that the
enactment of the Deferred Widening By-Law is intended to take away property rights and thereby restrict
unduly a property, however, such is not the case under the present law in New Brunswick and the problem
arises when Council in its wisdom enacts, the Municipal Plan and on that Plan, it shows various intended
projects such as a North/South Arterial and in this particular case, the Municipal ,Plan shows a proposed
extension from Carmarthen Street to Paddock Street to connect as an interchange with the North/South
Arterial as passing directly through the property of Mr. Thomas Enright on Waterloo Street; consequently,
as a result of enactment of the Municipal Plan, Section 81 of the Community Planning Act comes into
effect and prohibits the issuance of a building permit to Mr. Enright because the Development Officer
is prevented from approving any development that does not conform with the Municipal Plan and the
enactment of such a by-law gives Council the discretion to allow repairs to existing buildings caught
within the Municipal Plan alignment as well as gives the Council the discretion to permit the placing,
erecting or altering of a building or structure if the owner of the land consents to make such land
available to the Council in accordance with terms and conditions as may be agreed in writing, and
noting that the enactment of the Deferred Widening By-Law provides for more definite boundaries for the
new street and does not make it mandatory on Council to later ignore any increased value to the land.
Mr. Rodgers suggests that if Council does not wish to enact a Deferred Widening By-Law, it would be
more appropriate to examine the relevant portion of the Municipal Plan in order to determine whether it
is realistic to continue with the portion of the Plan showing a proposed street, if it is so far into
the future that Council is not ready to enact a Deferred Widening By-Law. The letter concludes by
supplying information with respect to the Deferred Widening By-Law relating to Waterloo Street, which
was enacted on April 8th, 1974 and which ceased to have any effect following the date of June 19th,
1979, by virtue of Section 63(1) of the Community Planning Act, and notes that if Mr. Enright had
requested his permit prior to June 19th, 1979 he would have been entitled to it as a result of the
Waterloo Street Deferred Widening By-Law in effect, however, since that by-law is no longer in effect,
Mr. Enright is caught by the original Municipal Plan alignment which is still in effect. Mr. Rodgers
states that Mr. Enright's simple request for a building permit to do minor repairs or alterations and
other similar property owners caught by the same regulation, may be relieved of the restriction by
either the enactment of the Deferred Widening By-Law or an amendment to the Municipal Plan to delete
the appropriate sections of the proposed street.
Councillor Elliot questioned the time element:involved if Council should decide not to enact
the proposed Deferred Widening By-Law and proceeded by way of amending the Municipal Plan. In reply,
Mr. Rodgers stated that a building permit can be issued more quickly to Mr. Enright by Council enacting
the Deferred Widening By-Law, which by-law can be given first and second readings at this meeting.
Councillor Elliot suggested that perhaps consideration could be given to enacting the Deferred Widening
By-Law to alleviate the problem of Mr. Enright, followed by the proper amendment to the Municipal Plan
at a later date.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A By-Law Respecting Deferred
Widening Under the Authority of the Community Planning Act - Carmarthen Street Extension", be read a
first time.
Councillor Knibb noted that he previously expressed his opposition to the enactment of the
said Deferred Widening By-Law, as the Carmarthen Street Extension would be another major project for
the City, and he does not see the need for such street extension at the present time. Deputy Mayor M.
Vincent stated that he would support the proposed by-law as a "stop-gap" measure to solve the problem
of Mr. Enright, and he suggested that possibly a committee of staff should be requested to examine the
possibility of new legislation which would eliminate such problems in the future, without requiring
amendments to the Municipal Plan or the enactment of deferred widening by-laws. Councillor A. Vincent
expressed his opposition to the proposed by-law being enacted.
On motion of Councillor MacCallum
Seconded by Councillor A. Vincent
RESOLVED that the above proposed Deferred Widening By-Law be
laid on the table for one week.
Question being taken, the tabling motion was carried with Councillors Gould and Wayne voting
"nay",
On motion of Councillor M. Vincent
Seconded by Councillor Elliot
RESOLVED that the Mayor, in conjunction with the City Manager,
Commissioner of Community Planning and Development, and other necessary staff, examine problems such as
that encountered by Mr. Enright, to examine ways in which such problems can be expedited under existing
law, or to ascertain if legislation can be drafted for submission to the Provincial Government, to
eliminate such problems, and report to Council.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the matter of payment of the account of McKelvey,
Macaulay, Machum in connection with the legal work on behalf of the Lord Beaverbrook Rink Committee of
Citizens Inc., as well as the City of Saint John in connection with the trust application before the
Supreme Court of New Brunswick, be referred for consideration in Legal Session.
.
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4185
.
1
\ Expropriation
Musquash Water
, Line
\ Frederick Gord(
Carve 11
Madolin T. Car' 11
Mun. Plan. By-
Law
Prop: Westfield I
\Automatic Vendinl
Ltd.
I
Zoning By ,law
\ amend men t
.
I
re-zoning
Prop: 670 CharI.
St.
'R. M. Scott Ins.
'Agendy Ltd.
re-zoning
condit ions
. Street, closin!
of
\
Portland St.
'High St.
I
I
Street, closing
of
~ Walnut St
..1 Hill St
Beech St
.
...
"nay".
Question being taken, the referral motion was carried with Councillors Elliot and A. Vincent voting
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor submitting an award for
payment of the Property Compensation Board in connection with the final outstanding expropriated properties in
the Musquash Water Line, namely, that of Frederick Gordon Carvell and Madolin T. Carvell, be received and filed
and Council approve the award and interest as awarded by the said Board, and the submitted Bill of Costs in the
amount of $6,786.04.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify an approximately 1 1/2 acre portion of a parcel of land located on the easterly side of Westfield
Road, opposite South Bay United Church (L.R.I.S. Number 287680) from Low Density Residential to Light Industrial,
be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Denton
Seconded by Councillor MacCallum
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto'" insofar as it concerns re-zoning an approximately 1 1/2 acre
portion of a parcel of land located on the easterly side of Westfield Road, opposite South Bay United Church
(L.R.I.S. Number 287680) from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classifi-
cation, be read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that pursuant to Section 39 of the 'Community Planning Act, the said ore-zoning be on the
following conditions: (a) the use of the property shall be restricted to a distribution warehouse and offices
for vending machine products and (b) prior to the issuance of a building permit, the applicant shall submit to
and receive the approval of the Deputy Commissioner of Planning for a plan indicating buildings, parking, land~c
scaping and other appropriate features.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns rezoning property located at the north-
western corner of Catherwood and Charles Streets and identified as civic number 670 Charles Street (L.R.I.S.
Number 035196) from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a
third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning Act"the said re-zoning be on the
following conditions: (a) the use of the property shall be restricted to an insurance office and a basement
apartment; and (b) that prior to the issuance of building permits and/or the use of the property as an insurance
office the applicant shall submit to and receive the approval of the Deputy Commissioner of Community Planning
for a plan indicating building(s), driveways and parking area, landscaping, and other appropriate site features.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respect-
ing the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways and portions of
highways:-
Portland Street - As it existed prior to July 2, 1969, from the southerly sideline of Main Street as it now
exists, to the northerly sideline of Hilyard Street. as it now exists.
High Street - As it existed prior to August 19, 1968, from the easterly sideline of Simonds Street as it then
existed, to the westerly sidelines of Portland and Hilyard Streets as they now exist.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By~Law Respecting the Stopping Up and Closing of Highways in
The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973" was
read in its entirety prior to adoption of the above resolution.
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the By::'Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the
Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highways and portions of highways:-
Walnut Street - from its intersection with Prospect Street to the C.P.R. right-of-way.
Hill Street - from its intersection with Prospect Street to the C.P.R. right-of-way, being the street in its
entirety.
Beech Street - from its intersection with Hill Street to its intersection with Walnut Street, being the street
in its entirety.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
486
~
Street, closing of
Grant
New Half Century
\ Building Fund
INew Brunswick Museum
Land Committee
-Slattery Management
Realty (1978) Ltd.
Prop: Grandview Ave
Metro Bldg.
Rothesay Ave~ltra'",~:_
Works Dept. g
Market Square Corp.
,
Ag reement
, ,
Gerald J. Ryan Co. L
'(motion lost)
asphalt, supply of
'Metro Bldg
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of
Highways in the City of Saint John Made Under the Authority of Section 187 of the Municipalities Act,
R.S.N.B. 1973" was read in its entirety prior to adoption of the above resolution.
Read 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 begs leave to report that it sat on October 20th, 1980 when there were present
Mayor Lockhart and Councillors Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent and Wayne, and
your Committee submits the following recommendations, namely:-
I
1. That a grant of $50,000.00 for each of the next three years, commencing in 1981, be authorized
for the New Half Century Building Fund Campaign of the New Brunswick Museum.
2. That as recommended by the Land Committee, the City of Saint John purchase the property owned by
Slattery Management & Realty (1978) Ltd. on Grandview Avenue, containing a two-storey office building,
garage and 3.7 acres of land, for the price of $418,000, conditional upon the vendor confirming and
clarifying its intention under the asphalt 'supply contract to provide a rent-free working area on or near
the site of the asphalt plant for the storage of City equipment, asphalt offices, lunchrooms, etc.,
through an appropriate amendment.
,
~-I
3. That the letter from the City Manager recommending that Council approve funds in the capital
budget for a Works Department building at Rothesay Avenue in the amount of $1,200,000 in 1981-82, and that
authority be given for the engagement of consultants for the necessary design work; and further, that the
requirements for new facilities in the east be considered again in 1982 -- be received and filed, and
further that the correspondence in this regard be attached to the recommendation being forwarded to
Council on the pll!chase of property on Grandview Avenue.
4. That as recommended by the City Manager, the agreement between the Department of Public Works
and the City of Saint John for the design and construction of the site containment be implemented by the
Market Square Corporation and that the Department of Public Works be informed that Market Square Corpor-
ation will be the agency of the City responsible for implementing the relevant sections of the agreement
with the Department of Public Works.
.
Saint John, N. B.,
27th October, 1980.
Respectfully submitted,
(sgd.) A. R: W. Lockhart,
Chairman.
On motion of Councillor Green
Seconded by Councillor MacCallum,
RESOLVED that section 1 of the above report be adopted.
I
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED 'that section 2 of the above report be adopted.
Councillor Kni bb proposed a motion, which was seconded by Councillor Wayne, ,that the letter from
Gerald J. Ryan Co. Ltd. regarding this matter be consideredaTId Mr. Ryan be invited to speak at this time.
The Mayor ruled that as there is already a motion on the floor, the proposed motion is out of order.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the above resolution be laid on the table pending
consideration of the letter from Gerald J. Ryan Co., Ltd. ...
Question being taken, the tabling motion was lost with the Mayor and Councillors Denton, Gould,
Green, Landers, A. Vincent and M. Vincent voting "nay".
Councillor Wayne asked if the recommendation presently before Council is a proper motion, in
view of the tender call for the supply of asphalt which specified that an area must be supplied for
equipment, etc., and in view of the letter of January 18th, 1980 to the City Manager from the Commissioner
of Engineering and Works which states that no rental would be charged for the use of such space by the
City. Mr. Rodgers replied that Council should understand very clearly that if the transaction for the
purchase of this property is not approved, in his opinion there is no rent payable for the property used
by the City - the, question of rent based on the contract which was executed in March, which is not clear,
and the letter referred to by Councillor Wayne of January 18th, 1980, and he has to assume that this
letter is correct that the space would be rent-free, then those two items together certainly establishes
no rent payable, however, as Council knows, there is some dispute and if the resolution is approved with
the condition attached, there is nothing wrong with clarifying or confirming - it is not admitting any
liability with respect to paying rent. Councillor Wayne asked the City Manager if he was aware that the
said building was not a new building but a used building brought in from Mactaquac, the main portion was
brought in and set up on Grandview Avenue some ten years ago, to which the City Manager made negative
reply. Councillor Wayne asked if the City Manager was aware that the steel used in the office portion of
the building was also used material from a demolition in the City, and the City Manager gave negative
reply to this question. Councillor Wayne suggested that these matters should be'taken into consideration,
and she questioned whether the appraiser was aware of these matters.
I
I
Councillor Elliot, noting that he is not opposed to the development of a Works facility in the
eastern area of the City, stated he wished to go on record as being violently opposed to the purchase of
this property, for the following reasons: (1) Council at no time prior to the receiving of the recommenda-
tion from the Land Committee, was aware of the fact that consideration was being given to acquiring such a
facility, and therefore had made no policy decision which would have authorized the Land Committee to
initiate action on this or any other such facility; (2) the capital budget approved for 1980 contains no
provision for such an expenditure; (3) in acquiring property for the North/South Arterial and the Church .
Avenue Overpass, when the price requested was in question, Council 'followed the procedure of establishing
a price based on several appraisals - in this case City staff appraisers were not involved, and if they
were, Council was not advised, and only one outside appraisal was received; (4) the appraisal'upon which
the purchase price is based deals with the building as it is, and therefore took into consideration the
cost of installing facilities, such as a bar, sauna, bedrooms, etc., facilities which raised the cost of
the building, and which the City does not need and would not provide for in a new facility - facilities
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:487
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Rothesay Ave
"- \vorks garage
.
.....
which will have to be removed at an additional expense; ,(5) the recommended property is on one side of the
eastern section of our City - a new facility should be located nearer the geographic and especially the popula-
tion centre, of the area; (6) the City owns several blocks of land in the east which are available at no cost;
(7) a new facility designed to meet our needs not a facility to which our needs have to be tailored and made to
conform, can be built on City-owned land for about one-half the price of the recommended property; (8) the
property recommended was designed for other purposes, needs repairs and renovations, and has a land area which
limits future expansion, and is so located that adjacent land would be almost impossible to obtain if any
expansion developed at a future date; (9) the development of services for the eastern section should be planned
so that costly duplication of supervising and administrative services does not become necessary; and (10) a
proposal that has such long-term implications for this City and the public requires extensive study to develop
proposals on which this City can act intelligently, either through calling tenders or asking for proposals.
Councillor MacCallum stated that he adopts the reasoning of Councillor Elliot, and in addition he
objects very strenuously to the fact we have not obtained proposals - he thinks i~ is a miscarriage of justice
to proceed with this matter today without Mr. Ryan being given the opportunity to be heard, and he feels the
serious allegations made by Councillor Wayne merit further investigation.
Councillor A. Vincent stated that the Land Committee took this matter to Council as it was recommended
by a majority vote of the Land Committee, and then ratified by a majority vote of Council in Committee of the
Whole. In reply to a query of Councillor A. Vincent, Mr. MacKinnon advised that the square footage in the
existing building is 10,236 square feet, and Councillor A. Vincent noted that the City Manager has stated that
he feels only 6,000 square feet is needed.
Deputy Mayor M. Vincent stated that prior to amalgamation there were three Works garage operations
located in the east, west and centre; the former Lancaster facility was demolished and operations were attempted
to be run from Rothesay Avenue and in the period of 1973 or 1974 staff advised Council that it was necessary to
re-open a facility in the western section of the City to more effectively operate the department in that area;
the old Works garage formerly located on Belgrave Street in the east, was demolished and he was under the
impression at that time that there would be an effort to re-establish in the eastern section of the City, a
Works depot to service that area, and that is his objective. Regarding the appraisal of $338,000 contained in
a report to the Mayor, Deputy Mayor M. Vincent asked if that appraisal includes the 3.7 acres of land, or just
the building. Mr. McDermott replied that the building was accepted at the deStecher, Miller & Law figures,
which was the new appraisal On the land and building together. Deputy Mayor M. Vincent asked if the space in
the said building is what is required for an eastern depot. Mr. McDermott referred to a letter from the
Commissioner of Engineering and Works, dated July 28th, 1980, which states that the eastern division itself
only requires about 3,176 square feet, however, if existing facilities are available, other operations as
listed could be consolidated, which is where the 10,000 s~uare foot figure came from.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that permission be granted for Mr. Gerald Ryan to be heard at
this time, if he so desires.
Question being taken, the motion was carried.
Mr. Eric L. Teed, Q.C., speaking on behalf of Gerald J. Ryan Co. Ltd., which company is making
representations as an interested, taxpayer, and which company' feels that theprocedure,',is.,'somewhat',unusual.
He stated he understands the building in question was placed at the location on Grandview Avenue some ten
years ago, it is a second-hand building, and was built for the specific purposes of the owner, and the facilities
are beyond the City's needs; he suggested that the City has not figured the cost of removing some of the
facilities, which would be an additional cost, and he suggested that another cost which the City may not have
considered which is if the City,purchases this property'it will be losing a substantial tax base, and before the
Ci ty purchases a 'property:, "it' should know the ultimate cost; regarding the question of fire insurance, he is
instructed that because of'the location of the building in question, fire insurance will be exceedingly high,
which would also be an additional cost. He stated that a,committee of Council has apparently on its own gone
out to locate properties without a directive from Council, or a policy directive, which is not in accordance with
the City's capital budget and long-term planning. Mr. Teed noted that the Ryan company previously wrote to
Council, which letter was referred to the Land Committee, and he is advised that the company has not been con-
sulted or contacted by the Land Committee in this regard. He stated there is a major difference 'between
buying an existing second-hand building, and the City constructing, or calling tenders for the construction,
of a building, and is a factor which should be taken into account in view of the high rate of unemployment in the
City. He expressed the opinion that public proposals or public tenders, should be called for such a facility,
and he questioned whether all the space in the building under consideration is required. He stated that his
client feels that this proposal should not be proceeded with at the present time in view of questions raised,
and that the Land Committee should meet with his client prior to a decision being made.
Councillor Landers stated that on July 21st, 1980 Council authorized the Land Committee in Committee of
the Whole, to attempt to negotiate a fair and equitable price for the purchase of the building in question, and
he indicated that contrary to what has been stated at this meeting, it has not been policy while he has been a
member of Council, that public proposals are called for the purchase of properties. Councillor A. Vincent,
chairman of the City's Land Committee, referred to negotiations by the said Committee with Mr. Ryan, and stated
that a letter has been forwarded to Mr. Ryan following the said Committee's last meeting, regarding Mr. Ryan
appearing before the Committee. With regard to the question of fire insurance as raised by Mr. Teed, and in
reply to a query of Councillor A. Vincent, Mr. McDermott confirmed that he has been advised by the Fire Chief
that the rates for fire insurance are the same on either side of Grandview Avenue.
Question being taken, the original motion was carried with Councillors Elliot, Knibb, MacCallum and
Wayne voting "nay"_
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that section 3 of the above report be adopted.
Councillor Knibb asked whether the City Manager still supports an expenditure of, $1.2M on ,the City
garage at Rothesay Avenue, in view of the purchase of the above property being approved. Mr. McDermott
replied that he still recommends his original recommendation in this'regard.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that section 4 of the above report be adopted.
488--
"'Ill
Land Commi tt ee
Prop: 101 Queen St. W
,Clarence Leger
Land Committee
Prop: 56 St. John St
West
\Allison Richard
Land Committee
Prop: 70 Canon St
\Elizabeth LeBlanc
Land Committee
,Dept of Trans (prov)
Mispec Park,
Roads
Land Committee
Prop: 3-5 Cranston A
\Est. A.Leonard Turne
Sportsplex
Canada Games
\ ,
(motlon lostl)
Bicentennial Com.
Rothesay
East Riverside-Kings
hUrst~Rehforth; ,
Fairvale; Quispamsis;
Gondola Point; Grand
Bay; Westfield
~t. John Bldg & Cons.
Trades Council
contractors, non-loc
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 101 Queen Street West (Lot Part H and Part G, Brooks Ward), be sold to the
lessee, Mr. Clarence Leger, for the sum of $1,800.00.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 56 St. John Street West (Lots 1048 and B, Brooks Ward), be sold to the
lessee, Mr. Allison Richard, for the sum of $1,550.00.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, the property sit-
uate at 70 Canon Street owned by Mrs. Elizabeth LeBlanc, be purchased for the sum of $49,400.00, with
vacantepossession to be as of the date of closing, such property being required for construction of the
North/South Arterial, and that the Mayor and Common Clerk be authorized to execute any and all documents
with respect to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, the Provincial
Department of Transportation be given permission to replace an existing culvert and to correct the
alignment of the roadway at Mispec Park and that the survey and acquisition procedures and approval of
Common Council for the sale of the land, take place at a later date.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that the letter from the Land Committee recommending
purchase of property at 3-5 Cranston Avenue from the Estate of A. Leonard Turner, be referred for
consideration in Legal Session.
Question being taken, the referral motion was carried.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the City Manager, City staff and the appropriate
committees, such as the Recreation and Parks Advisory Board, Canada Games Committee, Land Committee and
the Bicentennial Committee, etc., be asked to look into the feasibility of a wulti-use Sportsplex
facility becoming part of the Canada Games project swimming pool, and that the Mayor appoint an ad hoc
committee to meet with the Exhibition Association which has expressed an interest in becoming involved
in a Sportsplex facility in the City.
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending
the appointment of the committee which will be responsible for the 1985 'Canada Summer Games.
Question being taken, the tabling motion was lost, a tie vote having been created with the
Mayor and Councillors Denton, Gould, Green and Landers voting "nay".
(Councillor A. Vincent re-entered the meeting)
Question being taken, the motion was carried with Councillors Elliot, MacCallum, M. Vincent
and Wayne voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the Mayor and City Manager communicate with the
neighbouring municipalities of Rothesay,East Riverside-Kingshurst, Renforth, Fairvale, Quispamsis,
Gondola Point, Grand Bay and Westfield to urge their co-operation both in financial grants and in
citizen participation, for the Bicentennial Committee, and for any other developments such as a civic
theatre and sportsplex which would benefit the Greater Saint John area.
(Councillor Landers withdrew from the meeting)
On motiun of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that permission be given for a representative of the
Saint John Building and Construction Trades Council to be heard at this time regarding~a brief"from the
said Trades ~Counc ii' whiCh'~refers ~tosthecexis tenc e sof"ansunfair 'competitive ,- advantage2presently? enj oyed
by:1.certain non;.;loca.l:'~contractorscbiddii1g_~on":,City;.~ork:;2 r'('-::,c~_=- -::" ~._~: ,.-;: :_~ :...p;:, :;,vc:~,. ~ -~ .~~,~~ ":':::2:-;'-:; ; >.:.
. ~::.~~, --,
~.:; ,- c 'y ,,~_' ""'..'!-::; s
. ~ - " .
, (':~ ": -: :. "''-; ,j S ,-'. ,;. _ '': ::.::"
::::.~~. ~....~.; ; ,. /
':.::'20:':S.- .,1,..0:";.
. --. - -." .~--
. ..... --' '.
c'co'.:_",:,j;hMr ;,,:RosscCarr, "PresidEmt",of ,-the~Saint ,:John Building imd'::Construction Trades :Council" read the
brief ,fromthe"said ,Council,. which,addresses~itself,to'the, ,existence of"an'unfair::competitive::-advantage
S"pre s,ently;, enj oyed';byc certain "non"local"contractors' cbidding 'on:City :'workoand stat es: ,that inasmuch case-the
Saint:-:;Jolin..~:Construction Indu'stry is fuainlYi'unibhized and local contractors are obliged to pay Union
rates and conditions they implore Council to make it mandatory that successful bidders of City contracts
pay all monetary benefits to their employees that are incorporated in the collective agreements presently
in force and those executed in the future in order to have a fair and even-handed system available to
all prospective bidders and consequently place our local contractors in a fair competitive position and
thus enhance employment prospects for local tradesmen in the industry. The brief notes that as far
back as October ,27th, 1913 Common Council ordered that a "fair wage clause" be inserted in all City
contracts, however, of the years many monetary benefits have evolved through the collective bargaining
process which are now quite substantial and thereby placing a burden on local union contractors as they
are not bidding on the same basis as some of their competitors. The Mayor thanked Mr. Carr for his
.
I
I
.
I
.
I
1
.
~
..
489
.
,Gerald J. Ryan
Co. Ltd.
Grandview Avenu
property
I,saint John ' '
Central Business
Development Corp.
"Market Square
1- Min of 'Labour
\ (provincial)
New Brunswick
Occupaional Heal
,
& Safety Council
. Cities of New
Brunswick Asso
\ Exec. -Secretar
Saint John Arts
\ Council
I
L ,E GAL
SESSION
City Solicitor
, Billiard & Pool
Rooms By-Law
.
,I
Prov-Municipal
\ Counci 1
I
City Solicitor
'Smoking By-Law
'Hal ifax, N.S.
,,(motion lost)
.
Iro.
presentation, and advised that Council will render a'decision regarding their brief, at the next regular meeting
of Common Council.
On motion, of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Gerald J. Ryan Co., Ltd. regarding the
purchase of property by the City on Grandview Avenue -; be received and filed.
On motion of Councillor Denton
Seconded by Councillor M, Vincent
RESOLVED that the letter from the Saint John Central Business Develop~
ment Corporation, commending Common Council for action with the Provincial and Federal Governments and the Rocca
Group in the signing of the documents for the Market Square Project, be received and filed.
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from The Honourable Mabel M. DeWare, Provincial
Minister of Labour and Manpower, regarding a resolution adopted by Common Council with respect to the New
Brunswick Occupational Health and Safety Council, advising that she trusts the information provided in the
letter will clarify any misunderstanding that may have arisen regarding the occupational Health and Safety
ommission and will'alleviate the concerns that were expressed in the Common Council's resolution, be received
and filed.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the sum of $2,674 be approved for , inclusion in the City's
1981 budget, being the City's share for the services of a part-time executive secretary for the Cities of New
Brunswick Association.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Saint John Arts Council regarding
the need for a performing arts theatre in the City, be received apd filed.
On motion of Councillor Gould
Seconded by Councillor A. Vincent
RESOLVED that this meeting continue, in legal session.
(His Worship the Mayor withdrew from the meeting)
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor regarding the request of
Cour,cil that the proposed by-law to regulate and license billiard and pool rooms in the 'City be re-drafted to
broaden the license suspension provisions, and in particular the conviction of serious Criminal Code offences
and drug-related offences, advising that this matter was considered b~ the Department when the by-law was
originally drafted and those provisions were not contained as there are some serious doubts as to whether the
municipality has the authority to incorporate provisions of this nature in' the by-law, and bringing to Council's
attention the provisions of the enabling legislation to point out that if the by-law incorporates sections
dealing with the suspension of licenses related to various Criminal Code and 'drug-related offences and if
challenged, the attack on the by-law as to validity, in his opinion, could very well succeed; further advising
that in view of his concern of the probable lack of existing authority, and if there is a strong feeling by the
Council and the Chief of Police 'with respect to the inadequacy of Federal laws in this area of enforcement and
if this appears to be the only forseeable route to follow to get at the social problem that exists, then he
would recommend that Council seek an amendment from the Provincial Legislature to the Municipalities Act to at
least provide for the regulating and licensing of the "owners and operators" of billiard rooms and pool rooms,
be received and filed and the City Solicitor be requested to advise Council of the amendment to the Municipalities
Act which would be required in this regard, and that the Commissioner of Community Planning and Development be
requested to draft rUles and regulations regarding the location of amusement centres in the City, and that the
Provincial Minister of Justice, and Deputy Minister, be asked to meet with Common Council regarding the problems
being encountered in the City of Saint John in this regard.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City's representative on the Provincial-Municipal
Counc~l be asked to discuss the above matter with the said Council, as such problems relate to the Province of
New Brunswick as a while.
On motion of Councillor Denton
Seconded by Councillor Gould
, RESOLVED that the letter from the City Solicitor regarding Council's resolu-
tion which referred to the City Manager in conjunction with the City Solicitor, a copy of a Halifax by-law
respecting smoking in the City of Halifax, and the request of Council that a draft copy of the proposed by-law
be made available for Council consideration, advising that the by-law has not been deliberately redrafted as all
sections of the by-law relate to policy matters of which Council is in a position to discuss from a policy point
of view from the information in its present form and the by-law will be drafted once Council decides the policy
it wishes incorporated into such by-law; further advising that he has been informed by the City Solicitor of the
City of Halifax that the Halifax by-law was enacted solely for the convenience and comfort of saying that a law
existed relating to smoking and. that there is no int,ention in that City to have the by-law enforced, and if
enforced the by-"law would probably be struck down as invalid on the principal of "void for uncertainity"; and
further advising that from a policy point of view, if Council wishes the by-law prepared for enactment, it coulQ
be redrafted with minor insignificant changes made from a legal point of view, however, if Council expects the
by-law enforced and offenders prosecuted, he is not offering much hope if the by-law is challenged and attacked
be received and filed and the City Solicitor be requested to re-draft such by-law for consideration by Council.
,
! '
"'IIIl
49~O;'
Question being taken, the motion was lost with the Deputy Mayor and Councillors Elliot,
Knibb, MacCallum, A. Vincent and Wayne voting "nay".
On motion of Councillor Elliot
.
,Courthouse
,Goal
Seconded by Councillor Wayne
RESOLVED that Councillor A. Vincent and the City Manager be empowered
to meet with former Mayor Samuel Davis, to clarify negotiations conducted with the Province of New Brunswick
regarding the Courthouse and Goal properties on King Street East, and report at the ,next meeting of Council
in this regard.
On motion of Councillor Denton
Seconded by Councillor Wayne
Lord Beaverbrook Rink RESOLVED that the law firm of McKelvey, Macaulay, Machum be requested
Committee of Citizens to supply an itemized account regarding their fee for legal work on behalf of the Lord Beaverbrook Rink
, Committee of Citizens Inc., as well as the City of Saint ,John, in conncection with the trust application
trust application before the Supreme Court of New Brunswick.
I
Question being taken, the motion was carried with Councillors Green and A. Vincent voting "nay".
Land Committee Regarding the recommendation of the Land Committee that property located at 3-5 Cranston Avenue
Prop: 3-5 Cranston Av be purchased from the Estate of A. Leonard Turner, which had been referred to Legal Session this date, I'
'Est A. Leonard Turne Councillor Wayne stated she was told'by a relative of the late Mr. Turner that an offer to purchase the
said property at a higher price than is being recommended by the Land Committee, had been made and accepted
by Mr. Turner prior to his death.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the matter of an alleged offer and acceptance made
prior'to the death of the owner of property at 3-5 Cranston Avenue, be referred to the Land Committee for
a report at the next meeting of Council, in'Legal Session.
.
Council Committee
'First L.D,H. Ltd.
,C.M.H.C.
tax arrears
Councillor Elliot reported that the Council committee regarding the First L.D.H. Ltd. housing
project will be arranging a meeting with the Honourable Mr. Dube regarding the payment of outstanding real
estate taxes on the project, and that a further meeting with representatives of Canada Mortgage and
Housing Corporation will be held next week regarding this project. It was agreed that the Board of ,-,
Directors of First L.D.H. Ltd. should be apprised of the action being taken by Council regarding the said
housing project.
Damages
Prop: Glengarry
'Mr & Mrs Vernon
Councillor Wayne referred to damage sustained to the property of Mr. and Mrs. Vernon Stiles,
Glengarry Drive, as well as to property of a Mr. Todd on the same street, as a result of sewage back-up,
Drive which occurred on Odtober 14th, 1980.
Stil
On motion of Councillor Wayne
Seconded by Councillor MacCallum 1
RESOLVED that the City Solicitor be requested to study and report
to Council on a claim for damages which had been made by Mr. and Mrs. Vernon Stiles, Glengarry Drive,
regarding sewage back-up; and the investigation conducted by the City's insurers regarding this claim.
On motion
The meeting adjourned.
j~/rJJ'
Co , ,Clerk
At a Common Council, held at the City Hall, in the City of Saint John, on Friday, the thirty-c'c ~
first day of October, A. D. 1980, at 11.30 o'clock a.m.
.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Gould, Green, Landers, MacCallum, A. Vincent,
M. Vincent'and Wayne
- and -
Mr. John Nugent, Legal Department Solicitor
I
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that this meeting be held in Legal Session.
,Slattery Management
Realty (1978} Ltd.
Prop: Grandview Ave
Metro Bldg
The Mayor advised that he called this special meeting of Council in response to representations
made by a citizens group with, respect to the purchase'by the City of property on Grandview Avenue from
Slattery Management & Realty (1978) Ltd. He stated that the said citizens' group has requested an
appearance before the next Council meeting to request that the purchase of this property be delayed or
the Council decision to purchase this property be rescinded. It was noted that the above action has
been requested as the result ofa meeting of citizens held this week at the Admiral Beatty Hotel.
I~
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that permission be granted for the said citizens' group
to appear before Council in open session on November 3rd,1980.
Regarding the date the actual transfer' of the said property to the City will take place, Mr. .
Nugent advised that the closing will be dependant on him being satisifed that the title to the said
property is satisfactory.
A letter from Councillor Wayne to Council, dated October 31st, 1980, regarding possible liens
against the property in question, and requesting that this transaction not be completed until a complete
,
..oil
,...
:_"";.w
49l---
.
I
I
.
I
Mun. Plan By-Law
Prop: Latimer
Lake Rd
Ocean View
'\ Memorial Gdns
.
I
I
. re-zoning
rop: Latimer
Lake Rd
Ocean View
Memorial Gdns
lI...
investigation has been carried out y e approprla e C2Y1C au orl le~. urlng eng y lSCUSSlon WhlCh ensued,
Mr. Nugent assured Council that any liens against the property would be discovered during the title search, and
action taken accordingly to ensure the City receives an unencumbered title to the property.
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that Council affirm its support of Mr. Nugent regarding the
transfer of this property to the City,
On motion
The meeting adjourned.
'~
p Common Cl~_
At a Common Council, held at the City Hall, in the City of Saint John., on Monday the third day of
November, A.D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs A. G.. McDermott, City Manager, R. Park, Commissioner of Finance, J, Nugent,
Acting City Solicitor, N. Barfoot, Assistant City Manager, M. Zides, Commissioner
of Community Planning and Development, M. Winch, Deputy Commissioner of Community
Planning, J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Deputy
COmmBsioner of Engineering, C. E. Nicolle, Director of Recreation and Parks, J. F.
Ross, Chief of Police, D. French, Director of Personnel, G. Soucy, Labour Relations
Officer, and J. Johnson, Building Inspector.
Reverend John C. Shrier of Calvary Temple offered a prayer which opened the meeting.
A minute of silence was observed in member of the late Lieut. Everett L. Mingo.
The Mayor welcomed to the meeting fifteen members of the Boy Scout Troup of St. Marks Church.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that minutes of the meeting of Common Council, held on
October 27 last, be confirmed.
The Mayor welcomed the large body of concerned citizens and assured them that he would afford them as
much opportunity to air their views and looks forward to making as much information public as possible.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
,status of a parcel of land containing approximately 120 acres with a frontage of approximately 1100 feet on the
northerly side of Latimer Lake Road (L.R.I.S. 335992 and 428953), by (a) amending Schedule 2-A, the Future Land
Use Plan of the Municipal Development Plan to designate the land as Open Space instead of its current Low Density
Residential designation, (b) re-zoning the said property from "RS-l" One- and Two-Family Suburban Residential to
"p" Park classification as requested by Ocean View Memorial Gardens in order to place the land in a zone in which
the existing use by Ocean View Memorial Gardens for a cemetery will be a permitted use. No written objections
were received.
Consideration was given to the letter from the Planning Advisory Committee, dated October 23, 1980,
which recommends that the said property be redesignated on Schedule 2-A of the Municipal Development Plan from
Low Density Residential to Open Space and be re-zoned from "RS-l" and "RS-lM" to "P".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto" by amending Schedule 2-A, the Future Land Use Plan to
reclassify parcels of land containing approximately 120 acres with a frontage of approximately 1000 feet on the
northerly side of Latimer Lake Road (L.R.I.S. 335992 and 428953) from Low Density Residential to Open Space be
read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify parcels of land containing approximately 120 acres with a frontage of approximately 1100 feet on
the northerly side of Latimer Lake Road (L.R.I.S. 335992 and 428953) from Low Density Residential to Open Space,
be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning parcels of land containing
approximately 120 acreS with a frontage of approximately 1100 feet on the northerly side of Latimer Lake Road
(L.R.LS, 335992 and 428953) from "RS-I" and "RS-IM" One- and Two-Family Suburban Residential to "p" Park
classification, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
, ."
.',4-92
"11II
n motlon 0
re-zoning
Prop: Latimer Lake
Ocean'.View
, Memorial Gardens
Mun. Plan By-Law
Prop: Ashburn Road
Ernie's Home Improv
\. ment
re- zoning
conditions
re-zoning
Prop: Ashburn Rd
Ernie's Home Improv
ment
re-zoning
Prop: Loch Lomond
Rd
Jehovahcs Witnesse
Seconded bv Councillor Gould
RESOLVED that the bv-law entitled" "A Law to Amend the Zoning Bv-Law
of the Citv of Saint John and Amendments Thereto" insofar as it concerns re-zoning Darcels of land con-
taining aDDroximately 120 acres with a frontage of approximately 1100 feet on the northerly side of
Latimer Lake Road (L.R.I.S. 335992 and 428953) from "RS-l" and "RS-lM" One- and Two-Family Suburban Resi-
dential to "p" Park'classification, be read a second time.
.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor M. Vincent I
RESOLVED that the letter from the Planning Advisory Committee ,
'regarding the above proposed amendments, be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of a 22,500 sq. ft. parcel of land with a frontage of 180 feet located ,on the southern side of
Ashburn Road (L.R.I.S. 053140), by (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal
- Development Plan to designate the' land as Light Industrial instead of its current Rural designation,
(b) re-zoning the said property from "RF" Rural to "I-I" as requested by Ernie's Home Improvement to
permit the location of a landscaping business. No written objections were received in this regard.
I
Consideration was given to the letter from the Planning Advisory Committee, dated October 23,
1980 which recommends that the subject property be redesignated on Schedule 2-A on the Municipal Plan from
Low Density Resideptial to Light Industrial, and that the subject site be re-zoned from "RF" Rural to "I-I"
Light Industrial subject to a resoYution of Common Council pursuant to Section 39 of the Community Planning
Act providing that the use of the site be restricted to storage of landscaping equipment and materials.
Mr. Ernie Jones of Ernie's Home Improvement, was present at the meeting and stated that it is
his hope that Council will look with favour on his application as it has already been approved by the
Planning Advisory Committee. .
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the future
Land Use Plan to reclassify a 22,500 sq. ft. parcel of land with a frontage of 180 sq. ft. on the southern
side of Ashburn Road'(L.R.I.S. 053140) from "RF" Rural to "I-I" Light Industrial classification, be read
a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor M. Vincent
I
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending. Schedule 2-A, the Future Land
Use Plan to reclassify a 22,500 sq. ft. parcel of land with a frontage of 180 sq. ft. on the southern side
of Ashburn Road (L.R.I.S. 053140) from "RF" Rural to "I-I" Light Industrial classification, be read a
second time,
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Elliot
.
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a 22,500 sq. ft.
-parcel of land with a frontage of 180 sq. ft. on the southern side of Ashburn Road (L.R.I.S. 053140) from
"RF" Rural to "I-I" Light Industrial classification, 'subject to a resolution that the, use of the site be
restricted to storage of landscaping equipment and materials, be read a first time.
RESOLVED that the by-law entitled, " A Law to Amend the Zoning
Read a first time the by-law entitled, "A Law 'to Amend the-Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Denton"
I
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as 'it concerns ore-zoning a 22,500 sq. ft. parcel
of land with a frontage of 180 sq. ft. on the southern side of Ashburn Road (L.R.I.S. 053140) from "RF"
Rural to "I-I" Light Industrial classification, subject to a resolution of Council pursuant to Section 39
of the Community Planning Act, providing that the use of the site be restricted to storage of landscaping
equipment and materials; be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
I
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the letter from the Planning Advisory Committee regard-
ing the above proposed amendments, be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of a 2.3 acre portion of a parcel of land located on the south side of Loch Lamond Road (L.R.I.S..
331330) east of St. James Anglican Church by re-zoning the said property from "RS-2" One- and Two-Family
Suburban Residential to "IL-l" Neighbourhood Institutional to permit construction of a Meeting Hall for the
Jehovah1s Witnesses. No written objections were received, however, a number of~letters in support of this
application were received.
Consideration was given to the letter from the Planning Advisory Committee, dated October 23,
1980 which recommends that Common Council not render a deci~ion on this application until a further
recommendat~on ~s subm~tted b~-the Plann~ng Ady~~or~ Committee.
.....
,
4~9a ~
.
I
,Zoning By-Law
William Godfre
I
Prop: 555
Grandview Ave.
.
I
re-zoning
Prop:Manawagon
ish Rd
Carvell Pitt
Jos. A. Likely
Ltd.
.
, street, closing
of
Bayside Dr
Royal Hotel Ltd
I
I
Saint John Dry
Dock Co. Ltd
Andrew McArthu
.
ll...
Mr. Robert Costello, representing the applicant, appeared at this meeting. He stated the Jehovah's
Witnesses are'endeavouring to replace their meeting hall in the eastern area which previously had been located
on Mt. Pleasant Avenue East and has been sold, and spoke in favour of this re-zoning.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above matter be laid on the table for one week pending
a report from the Planning Advisory Committee.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed re-zoning, be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to amending the
text of the Zoning By-Law to say that subsection (2) of Section 146A shall not apply when adjacent residential
zoning occurs subsequent to the enactment of the Zoning By-Law for the City of Saint John dated November 14th,
1977 as requested by William Godfrey to remove the restrictions that certain industrial uses may not be
located wi thin 500 feet of other zones if a residential 'zone was created after November 14, 1977. No written
objections were received.
Consideration was glven to the letter from the Planning Advisory Committee, dated October 8th, 1980
which recommends that the zoning amendment'proposed by the City Solicitor be supported, but that the new pro-
vision apply to properties rezoned to all categories (not only residential), and that the property situated
at 555 Grandview Avenue (L.R.I.S. 348409) be redesignated in the Municipal Plan from Heavy Industrial to Low
Density Residential and be re-zoned from "1-2" Heavy,Industrial to "R-IB" One Family Residential.
Question being taken, the motion,was carried with Councillors Green, M. Vincent, A. Vincent, Landers
and Denton voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the recommendation of the Planning Advisory Committee be
accepted and authority granted to advertise, if necessary.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of an approximately 25 acres parcel of land 'located on the southerly side of Manawagonish Road known as
the Carvell Pitt (L.R.loS. 55005151) from "RF" Rural to "R-2" One- and Two-Family Residential as requested by
Joseph A. Likely Ltd. to permit the development of a subdivision for one-family dwellings. No written objections
were received.
Consideration was given to the letter from the Planning Advisory Committee, dated October 23, 1980
which recommends that consideration of the re-zoning application be tabled until staff and other agencies have
had an opportunity to work with the applicant in developing an acceptable development plan for the property.
On motion of Councillor Landers
Seconded by Councillor ,Wayne
RESOLVED that the application of Joseph A. Likely Ltd. for re-zoning of
property located on the southerly side of Manawagonish Road (L.R.I.S. 55005151) to permit the development of a
subdivision for one-family dwellings, be laid on the table.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter fromcthe Planning Advisory Committee regarding
the above proposed re-zoning, be received and filed.
The Common Clerk advised that the necessary advertising was completed regarding the proposed closing
of portions of Bayside Drive, and no written objections were received~
Mr. Deno Pappas, solicitor, Clark, Drummie & Company, representing the Royal Hotel Ltd., appeared in
opposition to the proposed street closing. He advised that the city proposed to close a portion of old Bayside
Drive a distance of approximately 1,200 feet from its western intersection with the BaysideDrive access to his
client's property along Bayside Drive from west to east. There is no frontage on Bayside Drive Diversion and
this results in the effective USe of the property being greatly diminished. The property fronts on a dead-end
street. Prior to the creation of the new Bayside Drive this particular lot was uniquely placed for a business
such as a fast food outlet because of its location near several industrial complexes with a great number of
people. With the closing of Bayside Drive, and making this a dead-end street so it can only be approached from
the east, means the value will be extremely diminished for what had been a very valuable use. Because of this,
it is being suggested that the City give serious consideration to acquiring the property from the company.
The Land Committee had offered to sell to the company a triangular portion' of land to give frontage on the new
Bayside Drive, the offering being in the order of $28,00 to $30,000 and the company cannot see itself in the
position to spend that money to give itself frontage On the new street since it is on a curve of a very nighly
travelled highway and is at a higher elevation than the lot. He requested that the City give consideration to
postponing the closure of Bayside Drive and also give serious consideration to having the city acquire the
company's interest.
Mr. Wallace D. Macaulay, solicitor, McKelvey, MacaUlay, Machum " representing the Saint John Dry Dock
Co. Ltd. appeared in support of the closure. He advised that the closure is necessary to allow expansion of the
Dry Dock and which is part of an ongoing program which was approved'by Common Council three years ago. Consider-
able discussion ensued with respect to the Dry Dock and The Royal Hotel Ltd. exchanging parcels of land so that
property owned by Mr. Franklin would have frontage on Bayside Drive. Mr. Andrew McArthur of the Saint John Dry
Dock Co. Ltd. confirmed that the exchange of lands is still possible, however, The Royal Hotel rejected it as
being unsuitable, but if they so desire it, it is available. It is their property referred to in a letter by
Mr. Pappas tonight. He also stated that they had negotiated fDr the purchase of the Royal Hotel property,
however, the price requested was very much out of line.
f . .1,
~;.4 94-
, .:'"
"""'Ill
street, closing of
Bayside Drive
The Royal Hoetl Ltd.
,
(motion lost)
By-law
Street Closing
,
Bayside Drive
'Citizens Action Com.
Slattery Management &
Realty
Prop: Grandview Ave
Metro Bldg.
Jack MacDougall
On motion of Councillor Landers
Seconded by Councillor Denton
, RESOLVED that the proposed closing of a portion of Bayside Drive
be laid on the table until such time as the Saint John Dry Dock Co. Ltd. and The Royal Hotel Ltd. meet
and resolve the land problem.
.
Question being taken the motion was lost with Mayor Lockhart and Councillors MacCallum, Green,
Elliot, M. Vincent and Gould voting "nay".
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City'of Saint John Made Under the Authority
of Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway
or portion of highway:- '
I
Bayside Drive - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint
John, in the County of Saint John andProvince'of New Brunswick, being that portion of the highway known~
as Bayside Drive, beginning at its western intersection with the "Bayside Drive Diversion", so-called, and
extending in a southeastern direction approximately 1,222 feet, which portion of highway is identified
as Parcel A on a "Plan of Property BaY-side Drive" prepared by Murdoch-Lingley Limited and dated the 13th I
day of June, 1980.
- be read a first time.
Question being ,taken, the motion was carried with Councillors Denton and Landers voting "nay".
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping
Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187nof the
Municipalities Act, R.S.N.B. 1973".
On motion of Councilior Gould
.
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway
or portion of highway:-
Bayside Drive - All that certain lot, piece or parcel of land situate, lying 'and being in the City of
Saint John, in, the County of Saint John and Province of New Brunswick, being that portion of the highway
kI10wn as Bayside Drive, beginning -at its western intersection with the "Bayside Drive Diversion", so-
called, and extending in a southeastern direction approximately 1,222 feet, which portion of highway is
identified as Parcel A on a "Plan of,Property Bayside Drive" prepared by Murdoch-Lingley Limited and
dated the 13th day of June, 1980.
1
- be read a second,time.
Question being taken, the motion was carried with Councillors Denton and Landers voting "nay"'~.
Mr. Jack MacDougall;' spokesman for the Citizens Action Committee, appeared at this time to
discuss matters concerning the purchase of the Slattery property on Grandview Avenue. He advised that
although the Action Committee finds criticism with the purchase of the said property, they are in no way
questioning the integrity. of the Mayor and any council members. He referred to the ten points raised
by Councillor Elliot at a meeting of Council on October 27 opposing the purchase and pointed out it was
at that time a number of citizens felt these points should have been rebutted and at that time these
citizens became concerned. They feel these ten reasons for opposing the purchase are well founded and
generally represent their 'concerns and they therefore initiated the formation of the Citizens Action
Committee. He referred to information received this date of a sale of serviced land with railway spur
lines on Grandview Avenue with a price set at $14,800. It is understood that the Slattery property is
paved but they do not feel the difference between those two figures would represent the amount for asphalt,
it would be 'considerably less. All the Committee is suggesting is that it is not a prudent business deal
and there should be no need to be up tight about law suits or integrity, or anything like that. The
action Committee is asking'that the purchase of the Slattery property be postponed until such time as the
matter has been thoroughly studied and considered a good business deal and determine if the-,building suits
the needs of the City. The Committee is also requesting that'the Mayor and Councillors who voted in favor
of the purchase make public their reasons' for doing so.
.
To a question raised by Mr. MacDougall as to cost for renovations to the said building, Mr.
MacKinnon replied that the plan has been given to Council showing' the layout of departments that will I
be put in and also shows that all the offi'ces' will be used. The present proposed changes are a door
installed on the second floor and a wall to be built in the garage area between the paint shop and body
shop.
Councillor Denton stated that he would be glad to+:ell the Committee why he voted the way he did.
He noted that he is the newest member of Council with only ~ive months of service and negotiations for
this property started well before he was elected to office. Approximately three months ago the Commissioner
of Works came"to~Counc':il', in closed session, and advised he was in desparatec,need for a place to relocate
three departments, namely the Paint Dept. on the bottom floor of the Old City Hall Building, Water Street, I'
the Paint Dept. behind the Old Court House' and the Repair Shop next to Dominion Stores at Marsh Creek
Bridge. Mr.McDermott advised that the Metro Building was available at $418,000 which was not an inflated
price, but recommended the city spend $1.2M for a new outlet on Rothesay Avenue. When Mr. Lawson was
contacted by the Land Committee with respect to purchasing a necessary piece of property for this expansion
the price of $200,000 was more than doubled. He referred to the article in the local newspaper where he
was misquoted and clarified his statement, for the record. Councillor Denton stated that facts and figures
have been taken out of context.
Councillor A. Vincent asked informtion on any overhead cranes that might be in the building and
Mr. MacKinnon replied that there is a 5-ton crane and a 15-ton crane presently in the garage area. The
approximate replacement costs for new cranes of this type are as follows, 3-ton crane - $16,800; 5-ton .
crane - $18,500; 15-ton crane - $50,800.
~
,...
...., ., ~;~
'4'95
.
I
I
.
I
James Merzetti
.
Joan Parfitt
III Douglas Evans
I
Jim Watt
.
....
Councillor Wayne asked why the three departments requiring relocation could not be placed in the new
site in the western section of the city which forms a portion of the Transit Garage. Mr. MacKinnon replied that
the department is looking for a building to operate from and not for an area of land to expand. The immediate
reaction is that we can use he total amount of 3.7 acres, however, if Councilor Land Committee wish to use it
as a selling point they can reduce the area required. They are still looking at the Rothesay Avenue Plant as the
prime site to be developed.
Councillor Green stated that in his 25 years as a servant on municipal council he has never been abused
such as this. He referred to the proposed amalgamation of the eastern, western and central areas of the Works
Department in order to:Jrun the city 'more efficiently and the eastern division has been demolished. He stated
that the western and eastern sections of the ,city deserve just as good service as the central zone and this can
only be done if they have their own depots. He stated it was not necessary for this amount of money to be
included in the capital budget and explained the procedure for obtaining the required money. Councillor Green
said he wants nothing more to do with those people who phoned his wife and made dirty insinuations and it was
the first time in all his twenty-five years that he wished he was not on Council.
Mr. MacDougall noted that the City of Saint John has land on the airport road where the vehicles
coUld be stored and then they would be on the main artery for faster service to the area and would service the
citizens of Saint John more effectively. He questioned if it was necessary to relocate the three departments
in this area and suggested there were alternatives that should be examined.
Councillor M. Vincent stated that the Committee is asking each councillor to explain why he voted the
way he did. He explained that he has clarified his position on four occaions, he spoke with Mr. Bruce Peters
of the Telegraph Journal for half an hour, and he attended the meeting of the Citizens Action Committee on
Thursday evening and explained in detail, to the best of his ability, his reason for voting the way he did and
he is not going to do it again. He expressed surprise at not having seen his answers and the information he
gave made public. There were a number of points that came up which were dwelt on very heavily and that was
when Councillor Wayne raised some points about some encumbrances and liens against that property. He was
unable to comment at the time on this matter and promised to go to the City Solicitor's Office the very next
morning. Mr. Rodgers was out of town so he spoke with Mr. John Nugent of that department and he assured him
that before he would be in a position to process any cheque for payment, he would be certain the property would
be clear of all responsibilities or liabilities from the city's standpoint. Tonight Mr. Nugent has presented
Council with another document and Councillor M. Vincent requested Mr. Nugent to comment on the points raised by
the Action Committee.
Mr. Nugent explained that the correspondence presented to Council in Legal Session was done so in the
context of a solicitor-client relationship in a reply to a question raised by Councillor Wayne as to whether the
Mayor has the right to release a document prepared for Legal Session. Mr. Nugent explained that the information
has been presented to the Common Council of Saint John as a client and whatever Council chooses to do with that
information is Council's decision. He stated that there has been come concern whether the City of Saint John
was acquiring the title in property on Grandview Avenue owned by Slattery Management and Realty '(1978) Ltd. which
was the title that should be acquired under the circumstances. Those questions were asked in good faith, they
were investigated and found to have no relevant bearing upon' the title of this property and to not adversely
affect the title which the City of Saint John would acquire in this instance.
Councillor Landers referred to a 'list of thirty~one properties purchased in 1980 for which the city
had independent appraisals made. Only one property was purchased for less than the appraised value and two were
purchased at the appraised value. All others vaired from 4% above and beyond the appraisal to 31%. He commended
the Land Committee for negotiating the purchase of the Slattery property for the appraised value. He accused
the media for failing to publish the facts that the purchase was a sound and a fair deal.
Councillor A. Vincent referred,to a phone call made to the Justice Department in Ottawa with respect
to the statement that the Citizens Action Committee is not questioning the integrity of the Mayor and Councillors.
Injunctions can only be obtained if there is graud or intent of fraud. This purchase of property has been
negotiated for the past fourteen months, but the city'did nothing with it 'until there was a need by the Works
Department. He stated that':the City does Capital Budget in reverse, they spend the money on an overdraft and
then sell bonds.
Mr. James Merzetti, a member of the Citizens Action Committee, spoke at this time, and once agin reiter-
ated that the Committee is not questioning the integrity of the members of council. He stated that the cause of
this action was as a result of one of the council members making certain statements and requesting to have
them answered. The Action Committee is simply asking if this is a sound business deal.
Mrs. Joan Parfitt appeared before Council and spoke on expenditure of funds.
,
Councillor Gould asked Mr. Nugent if he is satisfied that everything now is in order and he replied
that he has reviewed title and has discussed with the Solicitor for the Vendor a technical matter which will have
to be cleared up beofre the sale can proceed, but otherwise he is satisfied with the state of the title as it
existed this morning.
Mr. Douglas Evans, solicitor, Gilbert, McGloan, Gillis & Jones, acting on behalf of Slattery Management
and Realty (1978) Ltd. appeared at this time. He stated that there are a number'of citizens present to night
because they support the concept that Common Council is elected to make decisions such as this, to acquire' all
the information they can, and make that sort of decision. These people are here not against action taken by
the Council, but in favour of the concept that Council has the authority to move in the way they did and that the
sale should proceed if Council deems it in fact should: He referred to independent appraisals to determine the
price of the property and stated that negotiations have been taking place for.nearly the past year, and certainly
have not been done in haste. This particular building was placed on the property by the Rocca Group, and he has
been informed by Mr. Pat Rocca to replace this building would cost in the vicinity of $375,000 exclusive of
land. He referred to an offer made by Mr. Ryan for $1.9M and suggested,'it would not be a sound business practise
to even consider the purchase. He noted to one outstanding judgment against the property and explained that it
was a judgment levied for business tax. The tax assessor was asked to reconsider that assessment and he has a
letter in which it is pointed out that if the allegations made by his client are correct an adjustment will be
made. This particular judgment will be paid before the building is sold. There is nothing unusual about this
sale and nothing unusual about ,the title of this property.
Mr. Jim Watt, Director of Marketing, Slattery Management and Realty (1978) Ltd. spoke at this time.
He referred to the appeal on business tax and stated the reason for said appeal was that they did not operate
out of the building because they are now operating out of the Joseph A. Likely Building. The property was
offered for $485,000 and subsequently came down to $418,000. We think you are getting a good building; yes, it
is insulated, it has three furnaces in it. It has six garage doors; it is built of heavy industtial steel with
a heavy cement floor.
Councillor Elliot referred to overhead cranes and asked if this building is to be used for an eastern
depot why is the City duplicating what is already located on Rothesay Avenue. He also asked why a 20 foot
clearance would be necessary when most units only reach the height of six or 8 feet. To another question with
respect to the furnaces, Mr. Watt explained that there are three furnaces in the main garage and two furnaces
to heat the office area.
49,6
Fred Cave
\
ISlatterY'Management
& Realty (1978) Ltd.
I
Metro Bldg.
N.B.E.P.C.
LEG A L
S E S S ION
Tender accepted
'Bond Issue
Walwyn Stodgell
'Cochran Murray Ltd.
Mr. Fred Cave appeared before the meeting and spoke in favour of the East Saint John depot.
On motion of Councillor Denton
Seconded by Councillor Landers
1980 decided to
Avenue, City of
WHEREAS the Common Council, at its meeting held on October 27th,
purchase the property owned by Slattery Management and Realty (1978) Ltd on Grandview
Saint John, for $418,000;
AND WHEREAS it has been brought to the attention of Common Council that rights oL,privilegeo
are enjoyed by the New Brunswick Electric Power Commission to the northeastecorner of the land as set
out in a document recorded in the Saint John County Registry Office, Document 187475, and that the
resolution of October 27, 1980 otherwise remain unchanged.
Question being taken, the motion was carried with Councillor Knibb, Elliot, MacCallum and
Wayne voting "nay".
"
Prior to the regular meeting, the Council met in Legal Session.
Considerable discussion took place regarding a letter from Mr. John Nugent, solicitor, Legal
Department, concerning a title search on property owned by Slattery Management and Realty (1978) Ltd.
located on Grandview Avenue. It was noted that the item is to be discussed in open session this date.
The proposed closing of Bayside Drive was also discussed.
On motion
The meeting adjourned.
~,
At a Common Council, held at the City Hall, in the City of Saint John, on Wednesday, the fifth
day of November, A. D. 1980, at 4.00 o'clock p.m.
present
M. A. Vincent, Esquire, Deputy Mayor
Councillors Denton, Elliot, Green, Knibb, MacCallum and Wayne
- and -
Messrs. A. G. McDermott, City Manager, and R. Park, Commissioner
of Finance
On motion of Councillor MacCallum
Seconded by Councillor Denton
RESOLVED that tenders be opened for the purchase of the current
issue of City of Saint John debentures.
The four tenders received where thereupon opened by the Common Clerk, these being from: syndicate
managers Walwyn Stodgell Cochran Murray Limited; Bell Gouinlock Limited; Wood Gundy Limited; Nesbitt
Thomson Securities Limited.
On motion of Councillor Elliot
~
.
I'
I
.
I
Seconded by Councillor Wayne
RESOLVED that the said tenders received be referred to the Com- .
missioner of Finance for a recommendation.
Mr. Park recommended acceptance of the highest of the four bids which meets the specifications,
namely, a bid of $98.25 and accrued interest per $100.00 debenture, from the syndicate manager of Walwyn
Stodgell Cochran Murray Limited.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the City of Saint John accept the offer dated October
31st,'~980 received from a syndicate of investment dealers and banks and managed by the firm of Walwyn
Stodgell Cochran Murray Limited, to purchase at the price of $98.25 and accrued interest per $100.00
principal amount of debentures, the issue of $5,000,000 'City of Saint John, New Brunswick debentures
dated December 15, 1980 maturing serially in amounts as stipulated in the City's call for tenders and are
to be otherwise stipulated 'therein, this tender being subject to the following stipulations: (1) the
debentures being non-callable; (2) the debentures being a direct obligation of The City of Saint John;
(3) no further debentures being issued by The City of Saint John for a period of sixty (60) days without
consent of the syndicate manager; (4) the debentures will bear the certificate of the Comptroller of the
Province of New Brunswick which guarantees that the validity of such debentures shall not be open to
question in any court; and (5) the tender is for all or none of the debentures; and that for the purpose
of record the participating members of the syndicate are:- Levesque Beaubien, Inc., Toronto Dominion
Bank, Bank of Nova Scotia, Greenshields Inc., National Bank of Canada, and Walwyn Stodgell Cochran Murray
Limited.
On motion
The meeting adjourned.
I
I
.
.....
,..
4,91
.
I
I
Street, closing
Bayside Drive
.
, Grove Const. Ltd
Metro Const.
, (1978) Ltd
I
.D. Hatfield, Ltd
,Metro Const (1978
Ltd.
Progress
Payments
,Water Street
.,watermain const
Gerald J. Ryan
, Co. Ltd.
I
I
Progress
Payments
Canterbury St 1.
Storm Sewer
Ward Street
. Watermain
Visart Street
Sani tary Sewer
, Fairvale Const.
Ltd.
lI...
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the tenth day of
November, A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, M. Winch, Deputy Commissioner of Community
Planning,J. C. MacKinnon, Commissioner of Engineering and Works, J. Gabriel,
Deputy Commissioner of Works, S. Armstrong, Deputy Commissioner of Engineer-
ing, C. E. Nicolle, Director of Recreation and Parks, J. F. Ross, Chief
of Police, D. French, Director of Personnel, R. Thompson, Chief of
Rehabilitation Services, and B. Steeves, Deputy Building Inspector
Reverend Wallace Corey of St. James Anglican Church offered a prayer which opened the meeting.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that minutes of the meeting of Common Council, held on November
3rd last, be confirmed.
f
Prior to adoption of the above motion, the Council members asked that the minutes of the last meeting
be corrected regarding the attendance at the meeting, as well as the vote taken on the tabling motion regarding
the proposed closing of a portion of Bayside Drive, which motion was lost.
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED
for payment of the following invoices, namely:-
Grove Construction Ltd. - supply of gravel
- supply of gravel
Metro Construction (1978) Ltd. - supply of
that as recommended by the City Manager, authority be granted
$ 5,460.70
$ ll,925.67
$ 60,077.73
September 22-30, 1980
October 1-17,,1980
asphalt October 22~28, 1980
(Councillor Knibb entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that as recommended
granted for payment of the following invoices, namely:-
D; Hatfield, Ltd. - equipment rental October 1-15, 1980
Metro Construction (1978) Ltd. - supply of asphalt Oct. 29-Nov. 5, 1970
by the City Manager, authority be
$ 44,890.74
$ 51,679.40
On motion of Councillor Elliot '
Seconded by Councillor Knibb
RESOLVED that as recommended by the City"Manager, authority be granted
for payment of the following construction progress certificate, namely:-
1.
Water Street Watermain Construction
Gerald J. Ryan Company Limited
Supply and install watermain,
Current budget allotment
Total work done, Estimate Number 4
Retention
Payments previously
Sum recommended for
dated October 24,
$ 101,531. 28
101,531. 28
Nil
98,485.34
$ 3,045.94
approved
'payment,
1980
Progress Estimate Number 4,
In reply to a query of Councillor Denton, Mr. MacKinnon confirmed that the original contract price
for the above project was $87,642.00.
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table for one week to
permit investigation of the extras involved on this project.
(Councillor A. Vincent entered the meeting)
Question being taken, the tabling motion was carried with Councillor Knibb voting
II "
nay.
On motion of Councillor Green
Seconded by Councillor MacCallum
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates, namely:-
Canterbury Street Storm Sewer
Ward Street Watermain
Visart Street Sanitary Sewer
Fairvale Construction Limited
Supply and install watermains, storm and
sanitary sewers
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously
Sum recommended for
dated November 4,
$ 51,884.00
50,964.00
1,528.92
45,144.77
$ 4,290.31
approved
payment,
1980
Progress Estimate Number 3,
,4;98-
......
othesay Avenue
Watermain & Storm
Sewer Const.
Fairvale Const Ltd.
Tender accepted
,Armco Canada Ltd
Beach Crescent Lift
\ Station
slide gates
Tender accepted
'water materials
Tender rejected
Prop. owned by city
Prince William St
Princess Street
,painting
policy
tender cheques
R.R.A.P.
'C.M.H.C.
,R.R.A.P.
Zoning By-Law
Prop:555 Grandview Av
William Godfrey
2.
Rothesay Avenue Watermain and
Storm Sewer Construction
Fairvale Construction Limited
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously
Sum recommended for
dated November 4,
$ 79,401.00 .
75,414.00
2,262.42
46,977.10
$ 26,174.48
approved
pa;yment,
1980
Progress Estimate Number 3,
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the tender of
Armco Canada Ltd., in the amount of $12,560.00, be accepted for the supply of six slide gates for the
Beach Crescent Lift Station, being the lowest tender received, and that the Mayor and Common Clerk be
authorized to execute the necessary documents in this regard.
I
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the tenders for
the supply of water materials be awarded as recommended in the submitted bid summary.
-I
On motion of Councillor MacCallum
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager regarding tenders
for painting the exterior of five City-owned buildings on Prince William Street and,Princess Street,
which had been tabled at Council's meeting of September 29th, 1980 pending the closing date of the call
for proposals with respect to the said properties, recommending that this item be taken from the table
and no award be made at this time, and the tender deposit cheques be returned, be received and filed and
the recommendation adopted.
.
Noting the length of time the deposit cheques for the above tenders have been held by the City,
Councillor A. Vincent suggested that a policy of depositing all such cheques accompanying tenders, and
crediting the tenderers with the accrued interest, should be considered by Council.
:J
(Councillors Gould and Landers entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the joint letter from the City Manager and Commissioner
of Community Planning and Development, 'submitting a progress report from Mr. Ray Thompson, Chief of
Rehabilitation Services, regarding the Residential Rehabilitation Assistance Program, be received and I
filed.
Deputy Mayor M. Vincent asked that the City Manager obtain confirmation in writing of the
verbal commitment of Canada Mortgage and Housing Corporation regarding funding of the Residential Rehabil-
itation Assistance Program, as noted in the above letter.
Read a letter from the City Manager, Commissioner of Community Planning and Development, and
Deputy Commissioner of Community Planning, regarding the re-zoning application of William Godfrey,
Grandview Avenue, noting that on November 3rd, Council approved the following recommendations made by the
Planning Advisory Committee, namely: (1) that the zoning amendment proposed by the City Solicitor (to
provide that subsection (2) of Section 146A shall not apply when adjacent residential zoning occurs
subsequent to the enactment of the Zoning By-Law for the City of Saint John dated November 14, 1977) be
supported, but that the new provisions apply to properties re-zoned to all categories, not only residential,
and (2) that the property situate at 555 Grandview Avenue (L.R.I.S. 'Number 348409) be redesignated in the
'Municipal Plan from Heavy Industrial to Low Density Residential and'be re-zoned from "1-2" Heavy Industrial.
to "R-IB" One-Family Residential; advising that with respect to recommendation number 1, staff have
consulted with the Legal Department and it will be necessary for this matter to be re-advertised because,
as was previously noted, the Planning Advisory Committee proposal is somewhat different from that suggested
by the City Solicitor and originally advertised, and with respect to recommendation number 2, Council
inadverteptly did not give first and second readings to the re-zoning of the Godfrey property and the
necessary amendment to the Development Plan, which should be done as soon as possible. The letter recommends
thatQCommon~Council authorize advertising and set the date of a public hearing for the proposed Zoning
By-Law amendment to amend Section 146A(2) as recommended by the Planning Advisory Committee, and that
Common Council pass resolutions giving first and second readings to redesignate the Godfrey property in
the Municipal Development Plan from Heavy Industrial to Low Density Residential and re-zone the property I
from "I-2" Heavy Industrial to "R-IB" One-Family Residential.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the above letter be received and filed and the
recommendations contained therein adopted:
AND FURTHER that authority be granted for the necessary advertising regarding amending the I'
Zoning By-Law t~ provide that subsection (2) of Section 146A shall not apply when adjacent zoning occurs
subsequent to the enactment of the Zoning By-Law for the City of Saint John dated November 14, 1977, with
the date for the public hearing by Council to be held on December 15th, 1980.
Deputy Mayor M. Vincent stated he will be voting against the above motion as a matter of principle
as he feels considerable time could have been saved had the City Solicitor's original recommendation in
this matter been followed. Councillor A. Vincent questioned whether the City could legally permit the
Godfreys to proceed with renovations pending the enactment of the Zoning By-Law text amendment.
Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting
.
"nay".
...
,...
...... '> ;.."}
-....... - ,',.
I
4-99
~~ ,.
" ~-.,..
. Mun. Plan By-L
Prop: 5S5
Grandview Ave
'Wm. Godfrey
I
I
re-zoning
. Prop: 555
Grandview Av
'Wm. Godfrey
I
, City Solicitor
'. (motion lost)
.
II
, Renforth
'Burton Brae
Sub-division
assessment
, Deferred Wideni
By-Law
Carmarthen St
, T. Enright
I
.
....
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan BY-
Law of the City of Saint John ~nd Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify a one-acre lot identified as 555 Grandview Avenue (L.R.I.S. Number 348409) from Heavy Industrial to
Low Density Residential, be read a first time.
During discussion, Mr. Winch advised that the Municipal Plan amendment and re-zoning of the Godfrey
property is not dependent on the Zoning By-Law text amendment, and once the amendments regarding the Godfrey
property are enacted, the renovations to the property can be proceeded with.
Question being taken, the motion was carried with CouncillorsA. Vincent and M. Vincent voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and 'Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify a one-acre lot identified as 555 Grandview Avenue (L.R.I.S. Number 348409) from Heavy Industrial to
Low Density Residential, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a one-acre lot identified as
555 Grandview Avenue (L.R.I.S. Number 348409) from "I-2" Heavy Industrial to "R-IB" One-Family Residential
classification, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a one-acre lot identified as
555 Grandview Avenue (L.R,I.S. Number 348409) from "I-2" Heavy Industrial to "R-IB" One-Family Residential
classification, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and' Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor M~ Vincent
RESOLVED that an emergency be declared to exist and the above amend-
ments be given third reading and enacted at this meeting.
Deputy Mayor M. Vincent stated he Will ask the City Solicitor to submit his interpretation of this
matter in writing to Council for future similar cases so Council may be aware of the procedure to be followed.
Question being taken, the motion was lost with the Mayor' and Councillor Gould voting "nay", the
unanimous vote of the Council members present being required in such instances.
On motion of Councillor Gould
Seconded by, Councillor Green
RESOLVED that the letter from the City Manager regarding the request from
the Village of Renforth that four lots on the boundary between the Village and the City be considered within the
Village for assessment purposes, advising that these lots are entirely serviced by the Village of Renforth and
the houses to be built on the lots will be entirely in the Village; further advising that the question has been
discussed with the Provincial Assessment Branch and their policy is where residential building lots are con-
cerned, to include the total assessment within the municipality which contains the house and the street frontage,
and therefore in this case, the total assessment would be credited to Renforth -- be received and filed and a
copy be forwarded to the Village of Renforth.
, Read a letter from the City Manager regarding the Deferred Widening By-Law for Carmarthen Street
Extension, which was tabled by Council on October 27th, 1980 in order that further questions about the necessity
for the by-law or for the future street be answered, and that the Mayor, City Manager and staff look at the
problem to examine ways to expedite solutions under existing laws, or suggest new legislation to solve such pro-
blems, advising that to expedite a solution for the problem encountered by the owller who wishes to renovate his
property, as typified by Mr. T. Enright, the way to proceed under existing laws is to pass a Deferred Widening
By-Law and Council agreed with this procedure on April 21st, 1980 when it directed staff to have the by-law
prepared for this purpose, and again on June 16th, 1980 when it agreed to proceed with the enactment of the by-
law, once the recommendation of the Planning Advisory Committee had been received, and again on July 14th, 1980
when the recommendation from the said Committee was received and authority was given to advertise, and Council,
having proceeded to the final steps, can expeditiously finish by passing the required readings and executing the
agreement with Mr. Enright approved on June 16th, 1980; regarding a concern expressed by Councillors that
passing a Deferred Widening By-Law would commit the City to purchase of property and construction of the road,
advising that it is the showing of this road on the Municipal Plan adopted in 1973 whiCh demonstrates Council's
intention - the Deferred Widening By-Law merely has the effect of defining the right-of-way more exactly and
giving Council the discretion to permit the placing, erecting, or altering of a building or structure within
that right-of-way. The letter further advises that the Carmarthen Street Extension, as shown on the Municipal
Plan, is an integral part of the North/South Arterial and since the Municipal Plan was adopted in 1973, the Wall
Street Interchange has been built as part of the Arterial, and the section from Paradise Row to Somerset Street
is ready for construction and it would not be consistent at this stage to eliminate the section of the Arterial
between Carmarthen Street and Waterloo Street from the Municipal Plan; and further advising that a Deferred
Widening By-Law could just as well be called a "Deferred Property Acquisition and Construction By-Law" and
because of this deferment, the prohibition on building which is on the property because of the Municipal Plan is
replaced by Council's discretion to allow building, and with respect to new legislation, there seems little
500
""""III
Deferred Widening
By-Law
Carmarthen St
Mun. Plan By-Law
Waterloo St
\
Mun. Plan By-Law
PropL Latimer Lk Rd
, '
Ocean ,View Memorial
Gardens
likelihood of getting this done when-the present legislation providing for the Deferred Widening accom-
plishes what needs to be done as expeditiously as any other process under the Community Planning Act.
The letter from the City Manager recommends that second and third readings be given to the Deferred
Widening By-Law for Carmarthen Street Extension. .
It was noted that first reading to the proposed Deferred Widening By-Law for Carmarthen Street
Extension had been given by Council on July 14th"1980;'
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the above letter from the City Manager be
received and filed and the recommendation contained therein adopted:
AND FURTHER that the by-law entitled, "A By-Law Respecting Deferred Widening Under the Authority
of the Community Planning Act '- Carmarthen Street Extension" be read a second time.
Councillor Knibb stated that in view of the commitments for major projects which have been made
by this Council, he feels it is wrong to proceed with the enactment of this by-law, as he does not
believe the City has any intention of completing this road extension. He stated he would prefer that the
Municipal Plan was amended to eliminate the proposed extension. Councillor Landers expressed his agree-
ment with the comments made by Councillor Knibb.' Councillor Elliot noted that if the said by-law is not
enacted it will take considerably more time for Mr. Enright to be able to obtain a building permit, and
it was his thought that the by-law would be enacted and'then the MunicipaiPlan amendment would be
considered. Councillor Landers stated he is not against assisting Mr. Enright, if he could be assured
that the Municipal Plan amendment will be enacted. In further discussion, Mr. Rodgers advised Council
that Mr. Enright's immediate problem can be solved by the enactment of the Deferred , Widening By-Law and
as a general policy matter, Council can then consider amending the Municipal Plan to eliminate the
proposed Carmarthen Street Extension. He suggested that Council should receive a policy recommendation
from the City Manager, through the Planning Department, that the Municipal Plan be amended, and that the
required procedure to enact such an amendment would take from six to eight"weeks time, and once that is
done, the Deferred Widening By-Law can be repealed. Councillor A. Vincent referred to the former Defer-
red Widening By-Law affecting Waterloo Street and suggested that when such a by-law is enacted, property
owners do not maintain their properties and find it'difficult to obtain financing for ,renovations or
repairs. Councillor A. Vincent further suggested that the Municipal Plan, which still shows the widening
of Waterloo Street, even though the Deferred Widening By-Law for this street is no longer in existence,
should also be amended.
Question being taken, the motion was carried with Councillors Green, Knibb, Landers, MacCallum
and. A. Vincent voting llnay".
Read a second time the by-law entitled, "A By-Law Respecting Deferred Widening Under the
Authority of the Community Planning Act - Carmarthen Street Extension".
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A By-Law Respecting Deferred
Widening Under-the Authority of the Community Planning Act - Carmarthen Street, Extension" be read a third
time and enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Councillors Green, Knibb, Landers, MacCallum
and A. Vincent voting "nay".
The by-law entitled, "A By-Law Respecting Deferred Widening Under the Authority of the Com-
munity Planning Act - Carmarthen Street Extension" was read in its entirety prior to adoption of the
above resolution.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that a teach-in be held by Council within two weeks
regarding the provisions of the Municipal Plan By-Law with respect to the Waterloo Street widening and
the Carmarthen Street Extension, following which the City Manager be asked to submit recommendations for
consideration by Council.
On motion of Councillor Denton
Seconded by Councillor Gould
, RESOLVED that the correspondence regarding the above Deferred
Widening By-Law be received and filed.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of."the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify the parcels of land containing approximately 120 acres with a frontage of approx~
imately 1100 feet on, the northerly side of Latimer Lake'Road (L.R.I.S. Numbers 335992 and 428953) from
Low Density Residential to Open Space, be read a third time and' enacted, and the Corporate Common Seal
affixed thereto. '
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and,
Amendments Thereto" was'read in its entirety prior to adoption of the' above resolution. '
On motion of Councillor Elliot
1
1
.
I
.
I
1\
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the parcels of
land containing approximately 120 acres with a frontage' of approximately, 1100 feet on the northerly side .
of Latimer Lake Road (L.R. I.S. Numbers 335992 and 428953) from "RS-l" One-' and, Two-Family Suburban Residen-
tial and "RS-IM" One- and Two-Family and'Mobile Home Suburban Residential to "p" Park clasSification, be
read a third time and enacted and the Corporate Common Seal affixed-thereto.
The by-law entitled, "A Law to Arllend the Zoning By-Law of the City of Saint John and Amendments
TheretoH was read in t t'
i s en lrety prior to adoption of the above resolution.
~
,.
, *
.:};O! '
,
,
Mun. Plan By-L
... Prop: Ashburn
Ernie's Home
, Improvement
I
I
re-zoning
conditions
Deno P. Pappas
\Royal Hotel Ltd
,Bayside Drive
Saint John Ship
'building & Dryc
...dOCk Co. Ltd.
M. Franklin
I
.
street, closin
of
'Bays ide Drive
Land Committee
IIIPlan Adv. Com.
Jehovah's Wit:.. "
\ nesses
Prop: Loch Lomon
Road
re-zoning
I
.
....
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify the parcel of land containing 22,500 square feet, with a frontage of 180 feet on the southern side
of Ashburn Road (L.R.I.S. Number 053140) from Low Density Residential to Light Industrial, be read a third time
and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, ,"A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the parcel of land containing
22,500 square feet, with a frontage of 180 feet on the southern side of Ashburn Road (L.R.I.S. Number 053140)
from "RF" Rural to "I-I" Light Industrial classification, be read a third time and enacted and the Corporate
Common Seal affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on
condition that the use of the site be restricted to storage of landscaping equipment and materials.
The by-law entitled, ,"A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
Read a letter from Mr. Deno P. Pappas, Q.C., who had appeared before Common Council on November 3rd
last on behalf of the Royal Hotel Ltd. to oppose the closing of a portion of Bayside Drive, noting that during
the hearing Mr. Andrew McArthur, President of Saint John Shipbuilding & Drydock Co. Ltd., speaking in support
of the closing, commented to the effect that his company had been interested ,in acquiring the lot owned by the
Royal Hotel Ltd. but not at ,a price of over $700,000 quoted by Mr. Franklin, and advising that at that time he
had no knowledge of these facts and was therefore unable to admit or deny that such offer had been made, and
further advising that he has been requested by Mr. Franklin to advise that at no time had such an offer been
suggested by him and to further advise that no negotiations had ever taken place between his company and the
Saint John Drydock. It was noted that Mr. Mitchell Franklin was present at the meeting.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that permission be granted for Mr. Franklin to be heard at
this time.
Mr. Franklin, President of The Royal Hotel Ltd., distributed copies of a plot plan of the property
owned by his company on the portion of Bayside Drive under consideration for closure, and advised that he
acquired the said property a number of years ago due to its location and potential value. He referred to
various letters and correspondence between his company, the Irving interests, and the City, which he contend
show that no negotiations for the purchase of this property by the Irving property have taken place for several
years, and stated that he refutes the statement made by Mr. McArthur at the last Council meeting that the
asking price for this property is $700,000.00. Mr. Franklin referred to previous plans to obtain a 'franchise
for a major fast food outlet to be constructed on this property, and stated that due to the Dry Dock expansion
and the closing of this portion of BaysideDrive, the value of his property is being destroyed. He noted that
the Irving interests had previously been instructed by Council to negotiation the purchase of this property,
however, he has never been contacted'as a result of that Council directive. In his presentation, Mr. Franklin
stated the purpose of his appearance before Council is to ask that third reading of the proposed street closing
be delayed until the Irving interests approach him, as instructed by Council, and at least discuss this matter.
During discussion with the Council members regarding this property, Mr. Franklin stated he considers that the
resultant access and egress will destroy the value of his property, if the proposed closing is proceeded with.
(Councillor Gould withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that third reading of the by-law amendment to close a portion
of Bayside Drive be laid on the table for two weeks, and that the Legal Department be requested to provide a
legal opinion regarding this matter, and that the Mayor and Councillor A. Vincent, chairman of the City's Land
Committee, attempt to convene a meeting of the two parties involved, without prejudice.
Question being taken, the tabling motion was carried with Councillor M. Vincent voting "nay".
Read a letter from the Planning Advisory Committee, dated November 5th, 1980, regarding the application
of Jehovah's Witnesses for re-zoning of property on Loch Lomond Road, advising that on November 4th the Committee
again considered this proposal, and in attendance for the second time were representatives of the Jehovah's
Witnesses and the St. James Anglican Church, 'and while this latter Church has withdrawn its objection to the
re-zoning application it has expressed interest in aCQuiring the subject property so that it could establish a
rectory, and the Church also has suggested that it made this situation known to the City before the Jehovah's
Witnesses became interested in the site. The letter advises that the Planning Advisory Committee has considered
all of these matters, together with the two submitted staff reports, and now recommends as follows: (1) that
the re-zoning application (Changing the zoning of the subject property from "RS-2" (Residenti';'l) to "IL-l"
Neighbourhood Institutional, be approved; and (2) that the sale of the land to the Jehovah's Witnesses exclude
a 66-foot strip which should be retained by the City for access to the balance of the City-owned lands.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that as recommended by the Planning Advisory Committee, the re-
zoning application of Jehovah's Witnesses regarding property on Loch Lamond Road be approved, and that the sale
of the land to the Jehovah's Witnesses exclude a 66-foot strip which should be retained by the City for access
to the balance of the City-own~d lands:
AND FURTHER that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto", insofar as it concerns re-zoning a portion of a parcel of land located on the south side
of Loch Lomond Road, east of St. James Anglican Church (L.R.I.S. Number 331330) from "RS-2" One- and Two-Family
Suburban Residential to "IL-l" Neighbourhood Institutional classification, be read a first time.
i5.Q'2
, "
':" .~: .
1
,
I
, I
Land Committee
Propty, city-owned
Catherwood Street
Sobey's Stores Ltd
'\
\
Canada Games Steerin
Committee
Land Committee
Prop: Loch Lomond Rd
Jehovah's Witnesses
,
policy
property; csalel c",',',' "
purchase
Land Committee
Prop: 213 Queen St
Allan R. Martin
(Councillor Gould re-entered the meeting and Councillor A. Vincent withdrew)
(r. .
,.'.,01]...
Read a first time the by-law entitled, "A Law to Amend, the Zoning By-Law of the City of Saint
John and Amendments Thereto".
I
On motion of Councillor Wayne i
I
i
Seconded by Councillor Landers I
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By'-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a portion of a. I
parcel of land located on the south side of Loch Lomond Road, east of St. James Anglican Church (L.R.I.SI.
Number 331330) from "RS-2" One- and Two-Family Suburban Residential to "IL-l" Neighbourhood Institutiona<L
classification, be read a second time. " , I
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
Read 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 begs leave to report that it sat on November 3rd, 1980 when there
Mayor Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A.
Vincent and. Wayne, and your Committee submits the following recommendations, namely:-
were present
Vincent, M.
I
1. That as recommended by the Land Committee, 'the City-owned property located On Catherwood Street
be sold to Sabey's Stores Ltd. under'the following terms and conditions, namely: (a) purchase price to b~
$200,000 with $50,000 payable on execution of a formal agreement and the balance of $150,000 payable on I'
the closing date, which will be prior to December 31, 1981; (b) that the City be responsible for the ,
demolition of all buildings; (c) that satisfactory agreement be negotiated with Sobey's Stores Ltd. for
ingress and egress to the property from Harding Street; :and (d) that the Mayor and Common Clerk be
authorized to execute any and all documents pertaining to this transaction.
2. That as requested by the Canada Games Steering Committee, the amount of $23,627.94 be made
available to the Committee to cover any out?tanding accounts and to meet on-going expenses.
Saint John, N. B.,
lOth November, 1980.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On, motion of Councillor Knibb
Seconded by Councillor Denton, <
RESOLVED ,that 'section 1 of the above report be adopted.
/',
,.
"
(Councillor A. Vincent re-entered the meeting)
Councillors Wayne and MacCallum noted that the said property is to be sold by the City at less I
than the assessed and appraised values, as received from City staff. Councillor Wayne referred to !
previous negotiations between the Land Committee and Sobey'sregarding the possible purchase of this
property. Councillor MacCallum suggested 'that public proposals shoUld 'have been called for this property,.
Councillor A. Vincent, chairman of the Land, Committee, suggested that the property referred to by Counci~lors
Wayne and MacCallum is less property than 'is the subject of the above recommendation. In ensuing discus~
sian, the Mayor referred to confidential matters from closed meetings of Common Council as well as City ,
committees, being "leaked" to the public, and he suggested that such actions are destroying the normal
business procedure in the City.
"nay".
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne
voting
I
I
I
On motion of Councillor Landers
Seconded by Councillor M.' Vincent'
RESOLVED that section 2 of the above report,be adopted.
On motion of Councillor A. Vincent
S,econded by Councillor Denton , I
RESOLVED that as recommended by the Land Committee, Common COunCl}
resolution of September 22nd, 1980 authorizing the sale of property to the Jehovah's Witnesses on Loch :
Lamond Road for the sum of $19,000.00, be rescinded; that approximately 1.75 acres of land on the southern
side~ofcLoch'.Lomond Road as shown,on the submitted plan be sold to Jehovah's Witnesses for the price of
$15,000.00 under the ,following terms' and conditions: (a) that the pUrchaser be responsible for all
survey, subdivision, legal and other'costs involved in the transfer; (b) that the sale is subject to the
lease of the Little River Watershed'io Irving Refining Ltd.; and that the Mayor and Common Clerk be
authorized to execute any and all d09uments pertaining to this transaction:
On motion of Councillor A. ,Vincent
Seconded by Councillor MacCallum
RESOLVED that City staff be instructed that in future all
offers for the purchase and/or sale of City-owned property are to be received in writing only, by the
,
'Land Committee.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 213 Queen ,Street West (Lot 484, Brooks ,Ward), be sold to the lessee, Mr.
Allan R. Martin, for the sum of $2,100.00
.
I
I
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I,
.
I
I'
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i ' .
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~
,.
'50'3
,
. Land Committe
Prop: 218 Queen
Street, W
Mrs. K.G, Train
,
Land Committee
Prop: 308 Green-
I head Road
\ ,
Hernanl Nunes
=
I
policy
\ Expropriation
.
, Counc. MacCal1 u
Canada Summer
"- Games
Pool
I
'Counc. M. Vincent
\ Canada Summer
Games
.
I' Saint John
Building & Const
Trades Counci 1
contractors, no
local
'I ~oard of School
Trustees
Dist. 19 & 20
Police Dept Yout
"-
Squad
.
, Can Tire Corp
Ltd
re-zoning
Prop: 885
Fairville Bl v
IIr...
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the Land CDmmittee, the freehold interest
in the lot situate at 218 Queen Street West (Lot 496, Brooks Ward), be sold to the lessee, Mrs. K. G. Trainor,
for the sum of $1,750.00.
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the following recommendations of the Land Committee be
adopted, namely: (1) that the property at 308 Greenhead Road, owned by Mr. and Mrs. Hernani Nunes, be purchased
for the sum of $55,000.00 with Mr. Nunes being responsible for removing the house from the lot; (2) that the
approximately 8.2 acres of land owned by the City on Greenhead Road, identified by L.R.I.S. Numbers 404293 and
307726, be sold to Mr. and Mrs. Nunes for the sum of $37,000.00; (3) that the finalization of the transaction
set forth in recommendations (1) and (2) be made conditional upon the execution of an Agreement by and between
the City and Mr. and Mrs. Nunes specifying that: (a) the City agrees to the transaction as recommended by the
Land Committee; (b) the finalization of the transaction is contingent upon the following: (i) the Nunes making
application for the subidivision of the 8.2 acre parcel of land within three months of the execution of the
Agreement; (ii) that the Nunes have received all necessary approvals for such subdivision; (c) it is understood
by the parties that nothing contained in the Agreement commits the City or any of the officers responsible for
subdivision approvals to approve the subdivision which must comply with all the usual statutory and by-law
requirements and procedures; and (4) that the Mayor and Common Clerk be authorized to execute any and all
documents necessary for the completion of the transaction.
Question being taken, the motion was carried with Councillors Elliot and Gould voting "nay".
Councillor' Elliot referred to his letter to Council which advises that some time ago Council approved
a recommendation that instructed the City Manager to have a guide on procedures associated with expropriation
prepared for citizens who might be affected by City action. Councillor Elliot inquired regarding the date,
etc., when such a document will be ready so that he may inform citizens who have been inquiring. The Mayor
stated he has been advised by staff ,that work in this regard is advanced, but is not yet finalized.
On motion of Councillor MacCallum
Seconded by CouncIllor Wayne
RESOLVED that the letter from Councillor MacCallum regarding a news story
in the Evening Times-Globe of November 5th, 1980 entitled "M. P. Would Fight Attempts To Move Pool", advising
that he has attended every meeting of Council, both in open and Committee of the Whole since the City of Saint
John was awarded the Canada Summer Games and prior to the award, he understood that the pool would be located
in the uptown area, and he is not aware of any consideration having, been given to a change in the location of
the pool, be received and filed:
AND FURTHER that Common Council reassure the Federal Government and the citizens of Saint John that
Council will honour its commitment to locate the pool in the uptown area of the City.
(Councillor Landers withdrew from the meeting)
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from Deputy Mayor M. Vincent, liaison member of
the Canada Summer Games Committee, 'advising that the said Committee was formerly approved by Council and
mandated with the responsibility of acquiring the 1985 Canada Summer Games for Saint John and has fulfilled
its objectives, and at a recent meeting of the Committee, discussion dealt with the interim time period leading
up to the eventual incorporation of the.Saint John Canada Games Society Incorporated, and the Committee also
discussed that it should form a recommendation to Council on the formation of the structure of the Canada Games
Council; and further advising that the Committee, under the direction of Mr. Ev Trites, volunteered to serVe in
this capacity, be received and filed:
AND FURTHER that the 1985 Canada Summer Games Committee, in its entirety, be appointed as an interim
committee for the purposes outlined in the above letter, and whatever other undertakings may be necessary.
The Mayor asked that any citizens who wish to become involved, in assisting with'the 1985 Canada
Summer Games submit their names to Council's Nominating Committee at City Hall.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the brief which had been presented to Council by the Saint
John Building and Construction Trades Council on October 27th last, regarding the existence of an unfair com-
petitive advantage presently enjoyed by certain non-local contractors bidding on City work, be laid on the
table until December 8th, 1980, pending the submission of a report and recommendations arising from a recent
meeting held with representatives of the construction industry in the City.
Question being taken, the tabling motion was carried.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from District 19 and 20 Principals' and Vice-
Principals' Association, commending the work of the Police Department's Youth Squad and adVising that it is the
Association's earnest desire that the said Youth Squad be maintained and even strengthened in order to continue
its exemplary efforts in working with and for our young people, be received and filed and the Association be
thanked for their interest in this regard.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the application submitted on behalf of Canadian Tire
Corporation Limited for the re-zoning of property at 885 Fairville Boulevard, be referred to the Planning
Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising
in this regard, with the date for the public hearing by Council to be held on December 15th, 1980.
50,A
, or. ~_.
"'III
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\
Dante Forriere
re-zoning
Prop: Hickey Rd
\
Douglas E. Mitton
re-zoning
Prop: 185 Golden Grov
Rd
\
Eric J. Kipping
,Clean Environment Act
\
Saint John'-'
Human Development
OrganiZation
CommunQty Resource
Organization Program
\
Saint John Central
Business Develop.
Corporation
Prop: cor. Wellingto
Row & Union St
Buildi~g Inspector
dilapidated bldg.
Ten Eych Hotel
\
Unions, Local 61
inquiry
\
New Brunswick
Protestant;' Orphanag
Prop: Manawagonish R
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED'that the application of Mr. Dante Forriere for the re-
zoning of property at Hickey Road be referred to the Planning Advisory Committee for a report and
recommendation, and that authority be granted for the necessary advertising in this regard, with the
date for the public hearing by Council to be held on December 15th, 1980.
.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that 'the application of Mr. Douglas E. Mitton for the
ie-zoning of property at 185 Golden Grove Road,'be referred to the Planning Advisory Committee for a "
report and recommendation, and that authority be granted for the necessary advertising in this regard,
with the date for the public hearing by Council to be held on December 15th, 1980.
I
On motion of Councillor Denton
I
Seconded by Councillor Knibb I
, RESOLVED that the letter from The Honourable Eric J. Kipping, I
Provincial Minister of'the Environment, regarding the resolution adopted by Council requesting an amendment
to the Clean Environment Act following dialogue between Provincial officials and representatives of
municipalities whose sources of,water supply' are from areas beyond their jurisdiction, advising that a
similar letter has been received from Mayor Dennis Cochrane, President of the Cities of New Brunswick,
and since this appears to be a concern ofa number of municipalities, he assumes it would be more
advantageous to work with the Association, and it is understood that Councii's concern would be included
in any representation made by the Association, be received and filed. I
I
1
Read a letter from Mr. David Wright, Human Development Co-Ordinator of 'the Saint John Human
Development Council, advising that the said Council has been n,egotiating over the last number of months I
with Canada Mortgage and Housing Corporation to establish a Community Resource Organization Program for
the City of Saint John and that the said Council adopted a motion allowing the proposal for such a I
project to be forwarded to the Corporation for funding consideration. The letter seeks Council's I
support for the application and advises that it is hoped through this program, as the submitted proposal
outlines, to assist in'the development of co-operative and non-profit housing for families in Saint '
John, and the project will allow for the hiring of staff to assIst citizens of Saint John in addressing I
their housing needs. It was noted that Mr. Wright was present at the meeting.
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Seconded by Councillor MacCallum I
RESOLVED that permission be, granted for Mr. Wright to be heard
I
.
On motion of Councillor Elliot
in this regard.
Mr. Wright
development of third
section of the City.
the Council members.
advised that the proposed program would involve no cost to the City and will allow,
sector housing, and will consist maintaly of rehabilitative housing in the downtown;
Details of the program, as outlined in the submitted proposal, were outlined to I
I
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in principle the establiShme6t
outlined in the above letter!
I
Seconded by Councillor Green 'I
RESOLVED that the letter from the Saint John Central Business
Development Corporation requesting that Council consider the condition of the fire-damaged building I
located at the corner of Wellington Rowand Union Street, and advising that the Corporation is concernedl
that this building might be a hazard and requesting that the Building Inspector, through Council, I
consider' whether or not 'the building is dangerous and/or dilapidated, or at least an unsightly premises,1
be referred to the Building Inspector for a report.
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(Councillor M. Vincent withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that Common Council support
Resource Organization Program for the City of Saint John, as
John Human Development Council.
of a Community
from the Saint
On motion of Councillor Gould
.
On motion of Councillor A. Vincent
Central
named.
Seconded by Councillor Denton
RESOLVED that the above letter be referred back to the Saint
Business Development Corporation, 'with the request that the building referred to therein be
John
1
Question being taken, the referral motion was carried with Councillors Elliot, Gould, Knibb
and Wayne voting "nay".
(Deputy Mayor M. Vincent re-entered the meeting)
On motion of Councillor Elliot
I
Seconded by Councillor MacCallum
RESOLVED that the letter from ,the Saint John Policemen's
Protective Association, Local No. 61, asking for 'an independent inquiry into the management of the
Police Department, be received and the said Union be asked to supply addition information regarding the
said request.
(Councillor Gould withdrew from the meeting)
On motion of Councillor A. Vincent
.
Seconded by Councillor Green
RESOLVED that the item regarding the former Orphanage property on
Manawagonish Road, which was to have been considered in Committee of the Whole this date, be added to
the open session of Council and considered at this time.
....
'"
,,'
f!
~." .;.,..
'C '~;(f5
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, \
N.B. Housing
Corporation
I
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, (motion lost)
.
City Solicitor
Expropriation
~Canada Summer
Games - pool
I
LEG A L
S E S S ION
~ City Solicitor
\ Falkj ar
I Damages
,Nick Halavrezos
'I
rBuildings, cit
, owned
Princess & Pro
William Sts.
.
...
(Councillor Knibb withdrew from the meeting)
Question being taken, the motion was carrIed with Councillor M. Vincent voting "nay",
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the former Orphanage property located on Manawagonish Road
be purchased from the New Brunswick Housing Corporation at a cost of $870,000.00.
Councillor Denton expressed his reservations regarding purchase of this property, and stated that
while he approves the concept of senior citizens housing for this property, he does not feel it can be construct-
ed and operated by the City at no cost to the taxpayers. Regarding the operating budget for the proposed pro-
ject, Councillor Elliot noted that Council has been advised that it will be necessary to increase proposed
rents by $25.00 per month, and he asked if such a rent increase will be approved by Canada Mortgage and Housing
Corporation. Mr. McDermott reported that in discussions with Mr. Holman of Canada Mortgage and Housing Corpor-
ation, Mr. Holman advised that the Corporation will finance up to $27,000.00 per unit at 2%, subject to normal
approvals, and that any additional costs would have to be supplied ,by way of grant from the City. He stated
that from a review it appears an increase of $20.00 per month on all rents will be required to meet operating
costs of the proposed project which would increase the rent to $265.00 per month for a one-bedroom unit includ-
ing heating and lights, or $225.00 per month excluding heating and lights, which rentals are similar to those
established for the senior citizens housing project in the former Alexandra School. Councillor A. Vincent
outlined the need for additional senior citizens housing in the City, and spoke in support of the proposed
senior citizens housing project of the Saint John Housing Commission for the above property.
Question being taken, the motion was lost with Councillors Denton, Elliot, Green, M. Vincent and
Wayne voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that a teach-in regarding the above property be held at the
next meeting with representatives of Canada Mortgage and Housing Corporation, and that the City Manager be
authorized to contact the Provincial Government to ascertain if a decision regarding the disposition of this
property could be withheld until after the matter is again considered by Council.
Question being taken, the motion was carried with Councillor A. Vincent voting
" "
nay .
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor regarding the City's
legal powers to expropriate, in particular with respect to the Canada Games pool site, which was to have been
considered in Committee of the Whole this date, be added to the open session of Council and considered at this
time. '
On motion of ,Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Solicitor submitting information
with respect to the City's legal powers to expropriate, in particular with respect to the Canada Games pool
site, be received and filed.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that this meeting continue, in legal session.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from the City Solicitor, submitting the Judgment
with respect to the matter of Falkjar vs. The City of Saint John et aI, advising that this case is being
defended on behalf of the City by solicitors for the City's insurance,company, and as can be seen from the
submitted letter from the solicitor for the insurance company, consideration is being given to commencing
appeal action; and further advising that he will keep Council informed in this matter, be received and filed.
During discussion. of the above matter, several Council members questioned whether a counterclaim was
being made, in view of the Judgment.
Regarding Council's request that the Legal Department investigate a claim made against the City with
respect to damages arising from a sewage back-up, Mr. Rodgers stated that in order for his department to
conduct a complete, objective research of this case as a random case, will take from four to six weeks time.
During discussion, the Mayor referred to a previous claim of Mr. Nick Halavrezos for damage cause to property
on Richmond Street.
Mr. McDermott reported verbally on submissions received as a result of the City's call for proposals
for several City-owned properties on Princess and Prince William Streets. He advised that a presentation will
be made to Council by ,staff at the next meeting regarding these submissions.
On motion
The meeting adjourned.
,~;;;.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventeenth day
of November, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
M. Vincent and Wayne
- and -
~es~"~. A. G. ~cDef~ott, Ctty ~~nager, ~, ?~rk, Co~~~~~one. 0+ Ftn~n~e,
"-S'O~'6
'S' ,J- ,.
""11II
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Que-Mar Const. Ltd.
\
Metro Const (1978) Lt
Tender accepted
,Gill Equipment Ltd
,
North End Urban
Renewal Scheme
Appraisals
DeStecher, Miller &
Law L td
Property Expropria-'
tion
Sherwood Services Lt
DeStecher, Miller &
Law Ltd.
Palmer, O'Connell,
Leger, Turnbull &
Turnbull
Land Titles
Palmer, O'Connell,
Leger, Turnbull &
Turnbull
Tender accepted
'Grove Paving Ltd
asphalt, cold mix
'Atlantic Colas Ltd
emulsion
F. Rodgers, City Solicitor, N,. ,Barfoot" Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissi'oner of Community Planning, J. C. MacKinnon; Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissioner of Engineering,
J. Gabriel, Deputy Commissioner of Works" J. F. Ross, Chief of Police,
D. French, Director of Personnel, J. Johnson, Building Inspector,
R. Thompson, Chief of Rehabilitation Services; and R. Adams, Appraiser
Reverend Brian Sheehan of ,the Cathedral 'of ,the Immaculate Conception offered a prayer which'
opened the meeting.
On motion of Councillor Gould
Seconded by Councillor Wayne
, RESOLVED that minutes of the meeting of Common Council, held on
November lOth last, be confirmed.
The Mayor welcomed to the meeting members of the Pathfinders of St. Luke's Anglican Church,
accompanied ,by their, leader Sally Marshall, and members of the 3rd Lancaster: Girl Guides, accompanied bt
their leader, Mrs. Sharon D'Arcy.
1.
Sanitary Sewer System Debly Subdivision
Que-Mar Construction Ltd.
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously
Sum recommended for
dated November 7,
$ 122,538.00
106;399.26
3,191. 98
96,439.39 .
Estimate Number 4,
$ 12,767.89
approved
payment,
1980
Progress,
On ,motion of ,Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoice, namely:~
Metro Construction (1978) Ltd. -, supply of 'asphalt November 6-l2, 1980 $ 44,271.11
On motion of Councillor Elliot
I
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Manager, the tender of i
loader mounted sweepers!,
I
,
Seconded by Councillor Landers
RESOLVED that as recommended by the
Gill Equipment Ltd., in the amount of $15,649.20, be accepted for supplying
being the lowest tender received.
City
six
On motion of Councillor Wayne'
Seconded by Councillor Denton
RESOLVED that, the letter from the City Manager submitting '.
accounts in the total amount of $65,298.44 for services rendered in connection with the North End Urban'
Renewal Scheme, which accounts have been approved by the Partnership and will be ratified at their next
regular meeting, be received and filed and authority be granted for payment of the said accounts, as
follows:
Appraisals
DeStecher, Miller & Law Ltd. - further work in connection with the
four Market Square appraisals
$ 1,875.06
: Property Expropriations
Sherwood Services' Ltd. ~ for the preparation and attendance at Court
re the expropriation of the Madeline Evans property, 41-45 Harrison
(1971 and 1980)
390.00
:~eSt';c>2.r., - .~i~_~_~:~
DeStecher, Miller,& Law Ltd. - for the preparation and attendance at
Property Compensation Board hearing, Charles Lawson property,
406 Main Street.
979.ll
?a11;;.eT. C'.
Palmer, O'Connell"Leger, Turnbull & Turnbull ~ for professional'
services rendered in connection with the expropriation of the Madeline
Evans property, 41-45 Harrison;, and Charles Lawson property, 406 Main;
and other properties as outlined on this account at North and South
Market Wharf (March 4, 1980-August 12,- 1980)
6,295.6l
Land Titles
Palmer, O'Connell, Leger, Turnbull & Turnbull - for Market Square
title legislation, disbursements only
2,069.02
Palmer, O'Connell, Leger, Turnbull & Turnbull - for services rendered
in the preparation of title legislation for Market Square for the period
of February 15, 1980-June 4, 1980. (services detailed on submitted
account)
53,689.64
On motion of Councillor Landers
Seconded by Councillor Elliot ,.. "
RESOLVED that as recommended by the City Manager, the tender of
Grove Paving Ltd., in the amount of $10.40 per ton, be accepted for supplying 800 tons of cold mix
asphalt, and that the tender of Atlantic Colas Ltd., in the amount of 89.3~ per gallon for emulsion, be
accepted.
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507
..Tender accepte
Marine, Indus.
& Tech. Sales
\
Co. Ltd
Beach Crescent
\ Lift Stn.
1
Saint John
\ Employee
Assistance
Program
I
\ Water Street
waterrnain cons
Gerald J. Ryan
Co. Ltd
Progress
Payments
Water, St. Wate _ 1.
main Const.
'Gerald J. Ryan
.
I
Demolition
\
Property,
owned
city
, Tender accepted
, Demoli tion
Prop: 243
Rockland Rd
32 Barker St
.
Mun. Plan By-L
,Prop: 555 Gran
view Avenue
. Wm. Godfrey
I
re-zoning
Prop: 555 Gran
view Ave
'Wm. Godfrey
'I
..... re- zoning
Prop: Loch
Lomond Rd
Jehdlvah Wit-
. nesses
ll...
On motion of Councillor Knibb,
, \
. v-. ....J
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the tender of Marine,
Industrial and Technical Sales Co. Ltd., in the amount of $265,000.60 for construction of the Beach Crescent
Lift Station, be accepted, being the lowest tender received, 'and that the Mayor and Common Clerk be authorized
to execute the necessary documents.
Prior to adoption of the above motion,'MY~'MacKinnon provided details of the project, and previous
contracts undertaken by ,the said company for the City.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the joint letter from the City Manager and Director of
Personnel reporting on the City of Saint John Employee Assistance Program for 1980, be received and filed.
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager, regarding the recommenda,,~.':
tion to release the ,final holdback to Gerald J. Ryan Company Ltd. for'the Water Street watermain construction,
. in the amount of $3,045.94, which was tabled at Council's November lOth meeting to permit investigation of the
extras involved in this project, submitting a report from the Engineering and Works Department, and recommending
that this payment be lifted,from the table and approved, be received and filed and the recommendation adopted:
AND ~URTHER that as recommended by the City Manager, authority be granted for payment of the following
construction progress certificate, namely:-
Water Street Watermain Construction
Gerald J. Ryan Company Limited
Supply and install watermain
Current budget allotment
Total work done, Estimate Number 4
Retention
Payments previously
Sum recommended for
dated October 24,
approved
payment,
1980
Progress Estimate Number 4,
$ 101; 531. 28
101,531.28
Nil
98,485.34
3,045.94
$
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding tenders for
demolition of several City-owned b~ildings, which tenders were opened this dat~, be added to the agenda and
considered at this time.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
, RESOLVED that as recommended by the City Manager, the low tenders as
submitted by Chitticks (1962) Ltd., in the amount of $2,300.00 for demolition of the building at 243 Rockland
Road; in the amount of $1,700.00 for demolition of the building at 68 Canon Street; and in the amount of
$1,850.00 for demolition of the building at 32 Barker Street, be accepted.
Mr. Adams advised Council that the policy of calling public tenders for ,demolition of properties
prior to title to such properties being received by the City, has been changed due to problems encountered with
the closing dates for such transactions, and that tenders for demolition of such buildings are now being called
immediately following such properties being transferred to the City.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify a one-acre lot identified as 555 Grandview Avenue (L.R.I.S. Number 348409) from Heavy
Industrial to Low Density Residential, be read a third time and enacted and the Corporate Common Seal affixed
thereto.
The "by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a one-acre lot identified as
555 Grandview Avenue (L.R.I.S. Number 348409) from "I-2" Heavy Industrial to "R,-lB" One-Family Residential
classification, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Denton
Seconded by Councillor'Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a 1.75 acre portion of a
parcel of land located on the south side of Loch Lomond Road, east of St. James Anglican Church (L.R.I.S.
Number 331330) from "RS-2" One- and Two-Family Suburban Residential to "IL-l" Neighbourhood Institutional
classification, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
.
508
~
\
Land Committee
Prop: 145 Market Pl.
Gordon Low
,
Fred Haslam
Lorneyi IIp',xceal;',
\ LaJ1dfill Site
,Rodents
Bears
\
Lloyd Townshend
Happy Wheels Ltd.
'-
On motion of Councillor Gould
Seconded by Counci~lor Green
RESOLVED that as recommended by the Land Committee, the freehold
interest in the lot situate at 145 Market Place (Lo~ 869, Guys War~) be sold to the lessee, Mr. Gordon
Low, for the sum of $1,700.00.
.
(Councillor Landers withdrew from the meeting due to a possible conflict of interest with
regard to the next matter to be considered),
Mr. Fred Haslam appeared before Council on behalf of residents of the Lorneville area regarding
problems being encountered with rat infestation in this area due to the City's landfill site. He stated
that in addition to the rats, there is also a problem with bears in the area, and he advised that a i
problem with the landfill site was first noticed by the residents in November of 1979 and was brought to
the attention of Common Council in, March 1980, and the residents would now ask what action is going to ~e
taken regarding this problem, and when such action will be taken, He, advised that dumping has been I
stopped on the mill stream, however, he has noticed recently that landfill has taken place near the
Burchill Stream, which enters Frenchman's Creek, which is,a well-known clam bed area;' the residents have
been told that the landfill site will not pollute the City's water supply at Spruce Lake, however, the
said Lake is 90% fed by underground springs. He stated that the residents submitted a list of recom-
mendations to the City in March 1980 and they would like to kno~ if any ~ction has been'taken on such
recommendations, which he referred to at ,this time, namely: (1) that ,the dumping of garbage at the Spruce
Lake site be stopped until a full investigation can be held; (2) that th~ situation be investigated I
immediately by qualified personnel;' (3) that the Lorneville Ratepayers Association and the Commercial
Fishermen's Association be represented on the investigative team; (4) that a, fUll report on the findings
be forwarded to the Lorneville Ratepayers Association and the Commercial Fishermen's Association as sood
as possible; ,and (5) that the clean-up of th~ area be started immediately. Mr. Haslam presented a petit~on
from residents of the area urging Council to take immediate action regarding the infestation of rats in
their homes, and also presented a photograph showing seven rats caught recently by residents. During
discussion with the Council members, Mr. Haslam~stated that 'different areas, in Lorneville are being
affected by the rat infestation. Councillor Wayne noted that Council previously agreed that future
planning for the disposal of garbage would have to be'looked at on a regional basis, and she asked what
action staff has taken in this regard. Mr. McDermott stated that the question of obtaining funds for a~
incineration system, which would ,cost approximately ,nine ,million dollars, has been looked at; staff is II
almost ready to go to a consultant with a complete detail of what would be required, to ascertain if it
is ,possible to obtain such a facility for less than ni~e million dollars; and he suggested that staff
would be going to a consultant within two or three weeks in this regard. Mr. MacKinnon reported on the I
regular testing which is carried out on the City's water supply and stated that the records show that I
there have been nO extra amounts of chlorine required at Spruce Lake on an average over the last six I
years. Mr. MacKinnon explained that the reason for the test holes between the landfill site and Spruce
Lake was to indicate whether or 'not there was any leachate going in that direction, however, very littlel
was shown in that direction; although he does not doubt there is leachate going in the other direction I
but it would be leaving the site and not going toward the City's water supply, and should not be running,
into any streams in the area. Mr. Haslam n~ted that the residents receive their water from wells in thel
area, and suggested that the leachate coUld affect their water supply. Mr. MacKinnon stated that investi-
gation has indicated that the leachate from the landfill site would not affect any of the water supply. I
Councillor Elliot asked the City's policy regarding rodent control at this landfill site, as well as the I
former landfill site at Howe's Lake. Regarding the Howe's Lake' site, Mr. MacKinnon stated that with the
exception of residents in the Varsity Street area, there apparently was nO problem to the residents of
the area; a program of monitoring the rat infestation has been carried out ort this site fallowing its I
closing, and to date there have been no reports of problems in the area; in the case of the Spruce Lake
site, it was recognized that abetter program of landfill would have to be p~bvided and a report received
by the City from Fundy Pest Cont;olthis date shows there was a very light infestation for a landfill I
site of this size, and 'recommends an initial treatment, and a monthly program, of pest control at the
landfill site, and it appears to staff that such a program is feasible. Mr. Haslam suggested that until I
the City has an incineration system, that a'system of controlled burning be considered. The Mayor thanked
Mr. Haslam for his presentation, and advised that Council will render a decisio~ in this regard, later ih
the meeting. I
I
I
I
I
I
I
1
I
.
I
(Councillor Landers re-entered the meeting and Councillor Elliot withdrew)
Mr. Lloyd Townshend, 543 Edward Avenue, appeared before the meeting representing a group of
property owners and residents of the neighbourhood east, of the property on which Happy Wheels Ltd. is
proposing to build a roller skating rink. Mr. Townshend read a prepared brief from the said residents,
which states that they are not opposing the building of a roller rink in the west side but do strongly
recommend that one should not be built ,adjacent to residential homes when'there is more suitable land
available on the west, side which would not have an affect on an established residential area. The brief
refers to the traffic situation on Lancaster Avenue, and points out that a roller rink would create a
great deal of additional traffic due to the fact that Lancaster Avenue would be the only access to the,
rink just as it is the only access to their homes, and to the fact that heavy pedestrian'traffic, pre~e~\
sently using the Ford Plant field as access to the K-Mart Plaza would no doubt cut through private
property on Edward and Earle Avenues. The residents are of the opoinion that recreational buildings of
this type can lead to illegal parking, drinking, loud noises caused by cars, crowds, music, vandalism,
littering, unlawful acts, loitering, foul language and actions" etc. and that a general commercial
intrusion on a residential area which is now,small due to being cut off by the Throughway would infringe
on their privacy and the visibility now enjoyed, all of which will have a detrimental effect on the value
of their properties and the life of ,'the residents. The residents' brief also states: a previous court I
order in the early '40's closed the Rollerdome on Edward Avenue, adjacent to the proposed site, due'to 'I
complaints from the residents of the area; the residents feel that a recreational facility of this type
would not be in the best interests of Centra care, which is located directly across the street from the I
proposed site. Mr. Townshend noted that Fredericton has a'roller rink located on the Exhibition Grounds~
Moncton has a roller rink located in an industrial park area; and Quispamsis has a roller rink in their
industrial park and it seems that these communities feel that ,industrial parks are the most suitable
location for roller skating rinks. Mr. Townshend advised that the residents are not opposed to the
building of a roller skating rink in a property, and recommend that Common Council amend the "I-I" zoning
to delete roller skating rink from the Light Industrial classification.
.
I
I'
In ensuing discussion, Mr. Winch stated that roller skating rinks are permitted uses under
Light Industrial zoning, subject to conditions which may be' imposed by the Planning Advisory Committee,
and in reply to a query of Councillor Wayne regarding the issuance of a building permit for this ,facilit~,
he advised that an application has not yet been made for such a permit. It was noted during discussion
that no objection was received from area residents when the said land was zoned Light Industrial, and .
that under such zoning, there are approximately fifty or sixty permitted uses, Mr. Townshend stated he
has been advised by one of the residents that the Light Industrial zoning was instituted for this property
within the past ten years and the residents were not made aware of the matter at that time. Mr. Winch i
stated that the proposal of Happy Wheels Ltd. is to construct an indoor roller skating facility on I
approximately three and one-half acres of land, presently owned by the Ford Motor Company. It was noted
that Council received a letter this date from Mr. Rodney J. Gillis, solicitor for the Ford Motor Company
....
,..
"
- ~"7'-.. " . ';" ~ ~."",.. "_I'
jJj
~ ;.
.
I 'John Blatchford
\ Land Committee
Prop: 222 St.
George St
I
Land Committee
, Easement
\ storm sewer
'June E. McLenna
'Wendell A. Jon
,Wanda & John
Colwell
.
I
'Tender accepte
Westmorland
, Grove Hol ding
Pond
Que-Mar Const
, Ltd.
, Counc. Landers
,public address
system
,N.B. Tel
.
'Nick Halavrezo
Damage
I
1
of Canada, Limited, advising that at this time a portion of his client's land is the subject matter of an
Agreement of Purchase and Sale and that ,his client ,'does not request, nor want, any of its land in the City of
Saint John re-zoned. Mr. Townshend reiterated that the citizens are not asking that the said land be re-
zoned, but that roller skating rinks be deleted from permitted uses in the Light Industrial zoning classifi-
cation. Councillor Knibb took exception to remarks contained in the brief from the said residents regarding
problems they feel would be encountered with such a recreation facility, and spoke in favour of the proposed
facility which will increase the tax base and provide much-needed employment for our area. The Mayor thanked
Mr. Townshend for his presentation, and advised that Council will render a decision regarding their request,
later in the meeting.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, the freehold interest
in the lot situate at 222 St. George Street (Lot 421, Brooks Ward) be sold to the lessee, Mr. John Blatchford,
for the sum of $2,000.00.
(Councillor Elliot re-entered the meeting)
On motion of ,Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Land Committee regarding a request
front the Engineering and Works Department to acquire an easement for the construction of a storm sewer to
alleviate a flooding problem off Westmorland Road, between City-owned land and Golden Grove Road, as shown on
the submitted plan, submitting the following recommendations, namely: (1) that $200.00 be paid to JuneE.
McLennan for 752 square meters of land for a permanent easement to construct a storm sewer across her property,
identified as Part "c" on the submitted ,plan, and,to include 939 square meters of working area, identified as
Part "D" on the submitted plan; (2) that $200.00 be paid to Wendell A. Jones for a permanent easement con-
taining 146 square meters of land for the construction of a storm sewer, as shown as Part "B" on the submitted
plan; and (3) that $200.00 be paid to Wanda and John Colwell for a permanent easement containing 146 square
meters of land for the construction of a storm sewer, as shown as Part "A" on the submitted plan -- be received
and filed and the recommendations adopted.
On motion of Councillor'Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding tenders for
construction of the Westmorland Grove Holding Pond be added to the agenda and considered at this time.
Question being taken, the motion was carried with Councillor Gould voting
" "
nay.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the contract for
the Westmorland Grove Holding Pond be awarded to the low tenderer, Que-Mar, Construction Ltd., in the amount of
$52,590.00.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor Landers regarding the public
address system in the Council Chamber, be received and filed:
AND FURTHER that N. B. Tel be instructed to repair the system so that all switches and microphones
work, and that upon completion of the mechanical repairs, if required, that a teach-in be held between represen-
tatives of N. B. Tel and Common Council, to instruct Council in the proper manner of how to use the new system.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that a complete report be prepared by the City Manager's
Office on the insurance claim of Mr. Nick Halavrezos of 36 Richmond Street, with the report to be completed
within two weeks and to include: (1) Mr. Halavrezos' story of all the steps he has followed to date and the
number of different and conflicting stories that he has received from all those involved; (2) the Legal
Department report on its involvement to date; (3) a report from Mr. Nason of Hope and Associates Limited, the
insurance company's adjusters; (4) the City's insurance company should report on its actions; and (5) a report
should come from the Water and Sewerage Department on exactly what took place:
AND FURTHER that the letter from Councillor Landers regarding the above matter be received and
filed.
During discussion of the above matter, the question of whether the said item should have been
considered in open session was raised. Councillor Landers advised that this is a matter where Mr. Halavrezos
was told by City employees that the damage was the fault of the City, as well as several conflicting stories
front the insurance company's adjusters, and he feels this is a case where all evenues have been exhausted. He
noted that as a result of items at the last Council meeting listed for Committee of the Whole having been
considered in open session, he assumed Council was not going to have further Committee of the Whole meetings.
The Mayor repeated comments he made at a previous Council meeting that information regarding private meetings
of Council being made available to the media is having a detrimental effect on the business of the City, and
expressed the fear that at some time in the future such action may affect the City's legal position.
Council Commit ee With regard to previous recommendations of the Council Procedure Committee respecting Committee of
the Whole sessions, and which had been referred back to the said Procedure Committee in August of this year,
Councillor Elliot, chairman of the said committee, advised that a suggested Procedure By-Law has been received
from the Provincial Department of Municipal Affairs which will be studied by the Procedure Committee at a
meeting to be held next week.
.
Cedar Point
Mobile Home
Park
....
Mr. Rodgers advised Council that the above proposed motion does not prejudice the City and as
answers to the questions posed are received, a decision will be made as to whether such replies are given in
open or closed session of Council.
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that the letter from Deputy Mayor M. Vincent advising that he
has received a number of telephone calls from residents in the area of the Cedar Point Mobile Home Park
510
""""'IIIIl
\
firearms, dischargin
of
M. S. Barriault
re-zoning
Prop: 131 Beacon St
Saint John Central
,Business Developmen
Corp.
Prop: cor. Wellingto
Row & Union St
dilapidated bldg
Bldg. Inspector
\Ten Eych Hotel
Energy Conservation
Committee
Lloyd Townshend
Happy Wheels Ltd
(motion lost)
\
Lornveille area
Landfill site
Rodents
Bears
Sulphur, transport in
of
. . ,
be numerous occasions when firearms are 'being ,discharged; and further advlslng
Police Department will 'be taking whatever action they deem necessary, be I
I
AND FURTHER that the above matter be referred to the City Manager, City Solicitor's Department
and the Chief of Police, for examination and resulting recommendations. 'I'
I
Seconded by Councillor Landers I
, RESOLVED that the application from Mr. and Mrs. M. S. Barriaulill
for re-zoning of property at 131 Beacon Street, be referred to the Planning Advisory Committee for a
report and recommendation, and that authority be granted for the necessary advertising in this regard, I
with the date for the public hearing by Council to be held on December 15th, 1980.
regarding what appears to
that he is aware that the
received and filed:
On motion of Councillor Wayne
On motion of Councillor M. Vincent
'Seconded by Councillor Elliot
RESOLVED that the letter from the Board of Directors
of the Saint John Central Business Development Corporation, requesting that Council consider the
condition of the fire-damaged building located at the corner of Wellington Rowand Union Street, known
for many years as the Ten Eych Hotel and more recently'as the Wellington ,Arms; and advising that it is
of concern that this building might be a hazard and requesting that the Building Inspector, through
Council, consider whether or not the building is dangerous and/or dilapidated or'at least an unsightly
premises, be referred to the Building Inspector for a report and recommendation.
Mr. Johnson reported that he inspected,this building on approximately November 3rd last, and
that the owners were requested to do certain things by December 2nd, 1980, after which the premises
will again be inspected and a decision will then be made on whether to close the matter, or to bring
the matter forward for consideration by Council.
On motion of Councillor Gould
.
I
I
Seconded by Councillor Wayne .
RESOLVED that the above 'matter be laid on the table for two weeks
pending a report from the Building Inspector.
Question being taken, the 'tabling motion was carried.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the Energy Conservation Committee
requesting that Common Council appoint a 'member of Council to the said Committee, be referred to the
Nominating Committee.
(Councillor Elliot withdrew from the meeting)
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that the necessary action be taken to comply with the
request contained in the 'brief presented at this meeting by Mr. Lloyd Townshend representing a group of
property owners and residents of the neighbourhood east of the 'property on 'which 'Happy Wheels Ltd. is
proposing to build a roller skating rink, that roller skating rinks be deleted from the Light Industrial
zoning classification.
During discussion when several Council members expressed their reasons for being in support,
or against, the request of the said area residents, Mr. Rodgers stated that if the above proposed
motion is adopted, he would recommend that a written legal opinion be obtained on the powers and
authority of the City ,in such matters, and the consequences of such action.
Question being taken, the motion was lost with Councillors Denton, Gould, Knibb, Landers and
Wayne voting "nay".
I
.
On motion of Councillor'Knibb
Seconded by Councillor L~nders ' ' , " I
, RESOLVED that the brief presented at this meeting by Mr. Lloyd I
Townshend representing a group of property owners and residents of the neighbourhood east of the property
on which Happy Wheels Ltd. is proposing to build a roller skating rink, requeting that roller skating I ,I'
rinks be deleted from the Light Industrial zoning classification, be received and filed and the residents
be thanked for their submission. I
(Councillor Landers withdrew from the meeting and Councillor Elliot re-entered)
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the Nominating Committee be requested to appoint a I
committee within one week regarding the problems being encountered in the Lorneville area, as presented
at this meeting of Council, and that such'committee, which is to include representatives of the residents
in the said area, submit a report for consideration of Council. I
Question being taken, the motion was 'carried with Couricillors Elliot and Wayne voting "nay". I
I
Councillor Elliot proposed a motion that the City Manager be instructed to implement a program
of pest control immediately in at the Lorneville landfill site" however, the Mayor advised that the I
City Manager has the power to institute such a program without direction from Common Council.
(CouCl~C6i'J.ncillor Landers re-entered the meeting)
Councillor Landers asked that the Police Department investigate the transporting of sulphur
from Grandview Avenue to the new terminal in the South End, and the fact that this material, which is
not covered and is a highly flammable and caustic substance, is falling from the trucks transporting
such material. The Mayor stated he has been advised that the Chief of Police will investigate this
situation.
I
.
....
I"""
~ '-l~
~;511
. S. Bergeron
R. Millett
I
\ Lorneville are
Rodents
Landfi 11 Site
,Fundy Pest Con
I M~~~~~:y; Maca
'Lord Beav~rbroo
Rink
\ Quebec Nordique
Parking Com.
Prop: 26-30
Peters St
.
Riley, Mosher
, Stanton
I
\ Marie Trainor
.
Anne M. Byrne
I
City Solicitor
1
.
ll...
(Prior to the regular meeting, ,the Council,met in Legal Session)
Mr. McDermott advised Council that a claim for a salary differential in the amount of $58,000.00, has
been received from Mr. S. Bergeron, an employee in the Finance Department, for extra services during the last
seven and one-half years. During discussion, Mr. Rodgers stated that in,his opinion the said claim has abso-
lutely no validity; however, he has submitted two reports to the City Manager in this case, in which he states
that the supervisory role of City employees, shoUld be outlined to Mr. Bergeron, with more strict supervision of
this employee.
In reply to a query from Councillor Knibb, Mr. McDermott stated that a Discovery regarding an action
brought against the City by Mr. Robert Millett for wrongful dismissal was held approximately three months ago,
however, he has heard nothing in this case since that time.
Councillor Landers suggested that an up-to-date report should be submitted to Council regarding
actions commenced as the result of the fire in the cell block area of City Hall.
Mr. McDermott reported to Council on a report received from Fundy Pest Control regarding rat infesta-
tion in the Lorneville area, which matter is to be the subject of a delegation to appear before Council in open
session this date.
01
On motion of Councillor Denton
lay Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor regarding Council's
request that the account from the law firm of McKelvey, MacaUlay, Machum with respect to the Lord Beaverbrook
Rink and the Quebec Nordiques be returned for an itemization of hours and fees, submitting the itemized account
showing undoubtedly that services were provided to a value of approximately $15,300.00, and recommending that
the total bill be approved by Council based on the original account submitted, dated August 18th, 1980, be
received and filed and the said account be considered in open session of Council at the next meeting of Council
for payment.
Read a letter from the Commissioner of Finance advising that the Parking Commission has recently
decided to acquire properties at 26-30 Peters Street and because of uncertainty as to procedure the Commission
asked for a legal opinion on the power of the Commission to purchase property, which legal opinion was given by
the firm of Riley, Mosher & Stanton, a copy of which is submitted. The letter advises that the said legal
opinion was considered by the Commission at its meeting of November 4th, 1980 and as a result the Commissioner
of Finance was asked that the subject matter be given to Common Council for review, and adding that his recom-
mendation to the Commission was that rather than submit the Parking Commission Act to the Supreme Court as
suggested, the Commission and Common Council should meet and attempt to reach agreement as to the powers of'the
Commission under the Act.
Copies of a letter 'to the Parking Commission from the firm of Riley, Mosher & Stanton, dated November
13th, 1980, were distributed to the Council members at this time. The said letter reiterates that they feel
there is no requirement to obtain the permission of Common Council in regard to the purchase of property as
stated, as a matter of general principle.
The question of the Parking Commission purchasing properties without being aware of the City's long-
term planning for the uptown area was discussed.
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that the Parking Commission be advised that while Council
accepts the above legal opinion, that the Council feels that they and City staff must have information regarding
the Commission's long-term plans, and would suggest that a better rapport between the City and the Commission
should be instituted for the over-all benefit of the downtown area of the City.
Read a letter from the City Manager regarding two matters raised by Mrs. Marie Trainor, as considered
by Council in Legal Session on August 25th last, advising as follows: (1) with respect to the situation con-
cerning her earnings with the Red Cross, it is certainly regrettable that Mrs. Trainor was embarrassed because
of a vertification call by a City employee and there seems to have been an unfortunate misunderstanding involving
several parties and the City at all times attempts to be sensitive in dealing with private matters, and staff
will continue to exercise every sensitivity in the future; (2) with respect to the claim by Mrs. Trainor that
the City pay legal costs incurred in pursuing her claim for life insurance, this should be denied, and the
City's position has always been that it was up to the insurance company to deal with the matter and they eventu_
ally settled in her favour, with interest, and 11rs. Trainor should take up any claim for additional costs
directly with the insurance company. The City Manager recommends that Mrs. Trainor be advised that the City
denies her claim for legal costs.
Copies of a letter from Anne M. Byrne, solicitor for Mrs. Trainor, asking that the above matter be
adjourned or tabled for one week so that she might make an oral submission to Council on behalf of Mrs. Trainor,
were distributed to the Council members at this time.
It was noted that the City Solicitor, by letter to the City Manager dated November 14th, 1980,
expresses the opinion that there is still no legal obligation on the part of the City to pay any additional
monies for legal fees incurred by Mrs. Trainor in her dispute with the Assurance Company and it was a matter,
in his opinion, which Mrs. Trainor's solicitor should have reached a settlement on with the Assurance Compnay.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the above letter from the City Manager be received and
filed and Mrs. Trainor be advised that the City denies her claim for legal costs.
Question being taken, the motion was carried with Councillor Elliot voting
" "
nay .
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the above action of Council be conveyed to Ms. Byrne,
solicitor for Mrs. Trainor.
Question being taken, the motion was carried with COilllcillor Landers voting "nay".
On motion
,~" ;7"'
The meeting adjourned.
512
Atlantic National
\ Exhibition Assoc
, Sportsplex
'. Tender accepted
,City Laundry
Union
\ Charles Lawson
Prop: 406 Main St
,Hazen Creek Treat-
ment Plant
Greey Mixing Equip-
, ment Ltd
D. Hatfield, Ltd.
'Grove Const Ltd
Chittick's (1962)
Ltd
Flintkote Co.
, Metro Const (1978)
Ltd
'Bond Issue
, C.M.H.C,
Hazen Creek Sewer
'Treatment Plant
At a Common Council, held at the City Hall, in the City of Saint John, On Monday, the
fourth day of November, A. D. 1980, at 4.00 o'clock p.~.
twenty-I
I
I
I
present
A. R. W. Lockhart, ,Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, MacCallum, A. Vincent,
M, Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner'of Finance,
F, Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, M. Zides, Commissioner of Community Planning
and Development, J. C. MacKinnon, Commissioner of Engineering and Works,
S, Armstrong, Deputy Commissioner of Engineering, J. Gabriel, Deputy
Commissioner 'of Works, J. F: Ross, Chief of'Police;C. E. Nicolle, Director
of Recreation and Parks, D. French, 'Director of Personnel, 'and M. Hanlon,
Purchasing Agent '"
Councillor ,Elliot, offered a prayer which opened the ,meeting.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that ini;"utes of the meeting ,of Common Council, held on
November 17th last, be confirmed.
The Mayor advised that he 'recently met with representatives
Association with regard to the ,proposed sportsplex facility, and that
will be reporting further to Council in this matter.
of the Atlantic
discussions are
National Exhibition
continuing and hel
On motion of Councillor MacCallum
Seconded by Councillor Gould
RESOLVED that as ,recommended by the
received, namely, that of City Laundry Ltd., in the amount of $10,016.00,
cleaning service to the Police Department for the year 1981.
City Manager, the only bid I
be accepted for providing dry I
I
On motion of Councillor Elliot
Seconded by Councillor M. Vincent "
RESOLVED that as requested by'the City Manager and Chief of
Rehabilitation Services, approval be granted to settle ~otal compensation, for the leasehold interest of
Charles Lawson in the property known as 406 Main Street (L-ll-22-1'6), for the sum of $32,425.00, free
and clear of all encumbrances and tD include any and all claimS of any natUre .whatsoever, the approval
of the Partn'ership for such compens'ation to be ratified at the next regular meeting of the Co-ordinating
Committee, such property being required for'the North End Urban Renewal Scheme.
(Councillor Green entered the meeting)
On motion of Councillor Knibb
Seconded by Councillor Denton I
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Deputy Commissioner of Works, advising that to ensure continuity of operation
of the Hazen Creek Treatment Plant, ~ spare parts reserve should be set up as shipment of most of the I
required reserve parts is twelve weeks from receipt of order, which equipment is supplied by Greey ,
Mixing Equipment Ltd., Montreal; further advising that funds are provided in the annual maintenance
budget of the Engineering and Works Department for the parts as listed; and recommending that Council
approve the recommended purchase in the total amount ,of $26,202.00 -- be received and filed and the
recommendation adopted.
On motion of Councillor Green
Seconded by Councillor El~iot
RESOLVED that as 'recommended by the City Manager, authority be
granted for payment of the following invoices, namely:-
'D. Hatfield, Ltd. - (Sanitation)'equipment rental September 16-30, 1980
- (Works) equipment rental 'September 16-30, 1980
Grove Construction Ltd. - supply of gravel October 6-22, 1980
- supply of gravel October 20-31, 1980
Chitticks (1962) Ltd. - equipment ,rental October 16-31, 1980
The Flintkote Company - supply and application of a double and single chip'
seals on City'streets
Metro Construction' (1978) Ltd. ~ supply'of asphalt
$ 5,236.00
$ 61,743.53
$ 6,144.61
$ 7,798.08
$ 7,941. 00
November 13-18', 1980
$107,217.00
$ 42,144.20
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter 27 oft
the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the
Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise for the
carrying on of any public civic works or needed civic improvements, to borrow any sum or sums of money
for any such purpose and to issue debentures to secure the repayment of such monies;
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 27th day of June, 1978
between Central Mortgage and Housing Corporation and the Corporation of The City of Saint John, pertainIng
to the construction of Hazen Creek Sewer Treatment Plant has agreed to issue to Central Mortgage and
Housing Corporation a debenture of The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS:
"IIIl
.
Ii
,
I
.
I
.
I
II
I:
.
...,jj
,...
513
.
I
Progress
\ Payments
I Rothesay Ave
Watermain Cons
,Fairvale Const.
McKay St, Main 2.
. \ St, Princess
Court '
Fairvale Const
Ltd
I
Zoning
, , r'By""'tJi;Wlg
, MacKnight
Motors
Prop: Ashburn
Road
.
Plan. Adv.
Com.
I
, McKelvey, Macau
Machum
I Lord Beaverbroo
Rink Com.
Trust applicati
Plan. Adv. Com.
Zoning By-Law
.
.....
That the Corporation do create and issue a debenture of a principal amount of $1,770,055.50 bearing
interest at the rate of 10 percent per annum calculated half-yearly, not in advance, commencing in the first
day of August, 1981.
That payment of interest and instalments of principal be made on August 1st annually over a term of
fifteen years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of The Bank
of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or any
part thereof at any time prior to the 1st day of August in the year 1995.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture on
behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the Seal of the Corporation."
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that as recommended by the
for payment of the following construction progress certificates, namely:-
City Manager, authority be granted
1.
Rothesay Avenue Watermain Construction
Fairvale Construction Limited
Supply and install watermains and appurtenances
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously, approved
Sum recommended for payment, Progress Estimate Number
dated November 20, 1980 Final Holdback Release
$ 92,490.13
92,490.13
Nil
89,715.43
3,
$ 2,774.70
td
McKay Street, Main Street, Princess Court
Watermain Restoration and Construction
Fairvale Construction Limited
Supply and install watermains
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estiamte Number
dated November 20, 1980 Final Holdback Release
Read a letter from the City Manager noting that on September 8th, 1980 Council gave third reading to
a by-law which re-zoned a portion of the MacKnight Motors property on Ashburn Road from "RF" Rural to "I-2"
Hea'ry Industrial, subject to an agreement by which the developer would undertake a number of improvements to
the property, ~hich agreement is at present being drafted by the Legal Department, and when it has been signed,
the company will be in a position to apply for building permits. The letter advises that as long ago as May
1979 staff indicated to the Planning Advisory Committee and Council that certain uses permitted in "1-2" zones,
including automobile salvage yards, coUld not be located within 500 feet of other zones, and since the Mac-
Knight property is surrounded by non-industrial zoning districts and the property is about 1200 feet wide, only
a small strip of the entire parcel would be able to satisfy this requirement; at Council's request, staff and
the Planning Advisory Committee submitted a number of conditions which should be part of any re-zoning approval
of this property, which included restricting the re-zoning to the southwest portion of the property and that
the storage and salvage operations be restricted to certain areas - which conditions were included in the
agreement, however, to 'comply with these specified conditions, MacKnight Motors cannot meet the general zoning
requirements previously referred to, and therefore the Building Inspector will be unable to issue a building
permit. The letter advises that there are two ways in which the problem could be resolved: first, the require-
ment for buffering between heavy industrial and other uses of land could be removed entirely from the by-law
(WhiCh is not recommended); or the by-law could be amended so'that this requirement for buffering would not
apply where a resolution of Council pursant to Section 39 of the Community Planning Act applies to properties
that have been re-zoned to "1-2" Heavy Industrial.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above letter from the City Manager, recommending
that Section 146A(2) of the Zoning By-Law be amended so that this section shall not be applicable to properties
affected by a resolution of Common Council enacted under Section ,39 of the Community Planning Act, be referred
to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the
necessary advertising in this regard, with the date for the public hearing by Council to be held on January
5th, 1981.
Question being taken, the motion was carried'with Councillor Denton voting "nay".
On motion of Councillor Green'
Seconded by Councillor Knibb
y RESOLVED that authorlty be granted for payment of the account from the law
firm of McKelvey, Macaulay, Machum, in the amount of $15,822.60, in connection with the legal work on behalf of
the Lord Beaverbrook Rink Committee of Citizens Inc., as well as the City of Saint John, in connection with the
trust application'before the Supreme Court of New Brunswick.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory 'Committee, dated
November 19th, 1980, submitting a staff report which advises that the Zoning By-Law contains the categories
"IL-l" Neighbourhood Institutional and "IL-2" Major Institutional but only a few properties have been zoned to
these categories and it is estimated, however, that about 200 properties 'are institutional in nature and when
the City created these zones it removed many of the institutional uses from other zones and it is important
that the properties in question be zoned in a proper manner since any expansion, structural alteration, or
change in occupancy to another similar institutional use would otherwise not be permitted; and recommending (1)
that Council approve the proposal to re-zone existing institutional uses to institutional zones; and (2) that
Common Council authorize advertising and the setting of a date fora public hearing for the following changes
to the Zoning By-Law: (a) subsection (e) of Section 98B be amended to read: "a public school, kindergarten,
nurseries or day care centres. "; (b) Section 98E be amended to read "Subject to Section 98c(2) no main build':':,
ing..."; (c) Sections 98H and 98AH be deleted; (d) Section 98AB be amended by adding "(h) uses permitted in an
514
\
Board of Trustees
Civic Employees'
Pension Plan
, Donald M. Bishop
Nominating Com.
Lorneville Area
\ Pollution Com.
Leonard Wilson, Fre
Haslam, Tom Young,
J. C. MacKinnon,
Barry Morrison, J.
to
Garbiel, N. Perguso ,
N. Garey, E. Pike,
M. Smith
Allan Gordon
'Knights of Columbus
'King Square
E. J. Ferguson
\ Agreements
,Garbage collection
""IIIl
I
"IL-l" zone under Section 98B."; and (e) Section 98AC, AD, AE, AF and AG, be amended by deleting refer- I
ence to Section "188" and substitute reference to Section "98" -- be received and filed and authority be
granted for the necessary advertising regarding the recommended changes" with the date for the public I
hearing by Council to be held on January 5th, 1981. ...
On motion of Councillor Gould
I
Seconded by Councillor M.Vincent
RESOLVED that as recommended by the Board of Trustees of the I
Civic Employees' Pension Plan, Common Council approve the retirement of Mr. Donald M. Bishop, an employ~e
of the Engineering and Works Department, in accordance with Section 9, sub-section 1 of the Pension Acf,
Mr. Bishop having complied with the provisions of the said sub-section by providing medical reports as fo
his permanent disability. I
I
I,
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that the report of the Nominating Committee be added to
the agenda and considered at this time.
Question being taken, the motion'was carried with Councillor Gould voting "nay".
On motion of Councillor M. Vincent
I
Seconded by Councillor Gould
RESOLVED that as recommended by the Nominating Committee, the
following persons be appointed to the Lorneville Area Pollution Problems Committee, namely:- Messrs.
Leonard Wilson, 'Fred Haslam, Tom Young, J. C. MacKinnon, Barry Morrison, J. Gabriel, Norman Ferguson,
Norman Garey, Mrs. Eileen Pike, and Maureen Smith, Secretary.
Councillor Wayne stated she feels that Dr. Alan Gordon" geologist, should have been
the above committee for his expertise in this regard.
DT
appointed I
Question being taken, the motion was carried with Councillor Wayne voting "nay".
.
On motion of Councillor MacCallum
Seconded by Councillor Gould
RESOLVED that the Knights of Columbus, Saint John Council No. 937,
be granted permission to display the annual Nativity Scene at the same, location in King Square as in "I
previous years.
Consideration was given to a letter from Mr. E. J. Ferguson regarding Council's decision to I
tender the garbage removal contract in Wards 1 and 2 in Saint John West. , The letter refers to Mr. I
Ferguson's previous letter to Council requesting renewal of his present agreement with the City for such
garbage removal, and requesting an increase, which was recommended to Council by the City Manager in ani
amount of $1.00 per unit, with an agreement of four years duration to be ent~redinto effective January
1st, 1981, with a clause to cover fuel adjustment such as is .contained in the agreement with other
contractors collecting garbage for the City of Saint John. A petition containing 1,009 signatures from
residents of the area serviced by Mr. Ferguson, in support of his presentation, 'was also considered. It
was noted that Mr. :Ferguson was present at the meeting.
I
On motion of Councillor Wayne
Seconded by
Councillor Green
RESOLVED
this time.
that permission be granted for Mr. Ferguson, or his
I
Mr. Bernard Ferguson, brother and former employee of Mr. E. J. Ferguson, advised that Mr. I
Ferguson has serviced this area since amalgamation in 1967 with little or no complaints from City staff I
or householders, and prior to amalgamation, he serviced the former Lancaster area for a period of twelve
years with no complaints. He advised that Mr. Ferguson was under the impression that as long as his arJa
was properly serviced without complaints, that his agreement with the City would be renewed, as has beed
done for the past fourteen years; he noted that Mr. Ferguson does not feel that the increase preViOUSlY'j
recommended is adequate as it only represents just over a 1% increase, but he will agree to the con~
ditions previously recommended by staff. Mr. Ferguson made reference to the per unit costs given to Mr.
Ferguson since 1967, noting that from 1976 to 1978 the unit price was reduced from $26.68 to $21.00; inl
1979 and 1980 he was awarded a $2.00 increase, bringing the per unit price to $23.00. He stated that Mr.
Ferguson wishes to know the reason for Council deciding to place this service out for public tender, whJn
the service has been satisfactory during the past fourteen years. I
I
representative; to be heard at
.
I
(Councillor A. Vincent entered the meeting during the foregoing presentation)
During discussion, Mr. Ferguson advised that the contract his brother has at present with the
City does not provide for an escalation clause such as is contained in a City contract for garbage
collection in the former outer zones. Councillor Wayne suggested that tenders for garbage collection in
the area serviced by Mr. Ferguson should not be placed for public tender ,until the contract with the I
other contractor expires. Mr. McDermott advised that Mr. Ferguson approached the City, for an increase in
order to purchase addi t'ional equipment. Councillor Green spoke in support' of the service being provided
by Mr. Ferguson. The Mayor stated that other groups in the City, one of which is the civic unions, who I
have expressed considerable concern with the contracting out of work by the City, may also wish to speak
to Council in this regard. Councillor Elliot'stated that had the recommendation previously considered by
Council regarding this contract been only for an escalation clause, and not also a change in the basic I
rate, he would have supported the recommendation. Councillor 'Gould suggested that the reason for Council's
previous decision was the feeling that City work should be placed to public tender call. Councillor '
Knibb stated that the City should follow the practice of private business that when satisfactory servic~
is received, it be continued, and ,in response to the statement of Mayor Lockhart, he noted that garbage I'
collection in this area has never been done by City employees; Councillor MacCallum stated that he
supported the resolution to place this contract to public tender call, however, as the result of infor- I
mation received since that time, and partly due to a number of telephone calls he received from residents
of the area, he has reconsidered the matter and now feels Mr. Ferguson should be afforded the same con- 'I
ditions as contained in the agreement with the contractor servicing the outer zones of the City. counci~lor.
A. Vincent noted that he had previously requested that he be supplied with information as to when the '
present contract with Mr. Ferguson expires. Mr. MacKinnon advised that as Council was advised in a
letter subsequent to the staff recommendation, that contract with Mr. Ferguson had been renewed each
year, however, there was no official contract. The Mayor thanked Mr. Ferguson for his presentation and
advised that Council will render a decision in this regard, later in the meeting.
I
~ "\. '.
....
,...
5t5
. ~llan Gordon
\ Landfill site
Lorneville are
I
re-zoning
, Moose Mountain
Farms Ltd
Prop: Acamac
\ M. Franklin
'The Royal Hote
Saint John Shi
, bldg & Dryd6c
I
'street, closing
'Bayside Drive
.
I
Demo] it ions
'Tenders accepte
Prop: 146 Churc
Ave
'Paul's Trueking
Prop: 24 Barker
~~6-298 Rocklan
'Grove Const. Ltd
'Garbage collecti
" E. Ferguson
,l~ ".se,,,d<.<!)
"'"Agreement
I
'Bays ide Drive
1
Property: Irvin
"owned
.
, (motion lost)
ll....
On motion of Councillor Wayne,
Seconded by Councillor Elliot
RESOLVED that the letter from Dr. Alan J. Gordon regarding current
problems at the Spruce Lake sanitary landfill site, be referred to the Lorneville Area Pollution Problems
Committee.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the application of Moose Mountain Farms Ltd. for re-zoning
of property at Acamac, be referred to the Planning Advisory Committee for a report and recommendation, and
that authority be granted for the necessary advertising in this regard, with the date for the public hearing
by Council to be held on January 5th, 1981.
Read a letter from Mr. Mitchell Franklin advising of results of a meeting held with representatives
of the Saint John Shipbuilding & Dry Dock Company to discuss the acquisition of the property of The Royal
Hotel Ltd. on Bayside Drive. It was noted that Mr. Franklin was present at the meeting.
Co
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that permission be granted for Mr. Franklin to be heard at this
time.
Mr. Franklin advised that he has followed to the best of his ability, the effort to meet with the
Irving interests regarding the Dry Dock in relation to his property on Bayside Drive and the position of his
company is that the proposed closing of a portion of Bayside Drive by the City would downgrade their lands to
a low economic value without any compensation. Mr. Franklin reported on a meeting held with Mr. Wallace
Macaulay, solicitor for the Irving interests, regarding negotiations for the purchase of his property by the
Saint John Dry Dock, at which time an offer of $2.14 per square foot plus 10% was offered, totalling an amount
equivalent to approximately the price paid by Mr. Franklin for the property several years ago. He advised
that he has been providing free parking for approximately 75 employees of the Dry Dock for several years, and
his calculations of this free parking, at an average of $15.00 per month over a period of six years at average
current interest rate equals over $100,000.00. Mr. Franklin ,stated he wished to express his willingness to
deal with the principals of the Irving company, and he would appreciate it if the Mayor and/or Councillors
could act in concert with the principals of both parties to try to find some reasonable resolution to avoid
any law suits or any harm, injury or damage to either party.
In reply to a query of Councillor Knibb, the Mayor stated that in response to a previous Council
resolution he reviewed the situation, visited the property in question, and contacted the Irving interests who
empowered Mr. Macaulay to negotiate under guidelines, and he stated that since the City has no interest in the
land in question he does not feel, it proper that the City be a party to such negotiations, as it is a private
matter between two companies. Following discussion, the Mayor advised that Council will deal with the matter,
later in the meeting.
On motion of Councillor Gould
Seconded by Councillor A; Vincent
RESOLVED that the letter from the City Manager regarding tenders
for demolition of several properties, which were opened this date, be added to the agenda and considered at
this time.
On motion of Councillor Gould
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the City Manager, the low bids as
submitted by Paul's Trucking & Demolition Company Ltd., in the amount of $1,750.00 for demolition of 146
Church Avenue; and Grove Construction Ltd., in the amount of $1,799.00 for demolition of 24 Barker Street, and
$2,238.00 for demolition of 296-298 Rockland Road, be accepted.
t
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that Common Council resolution of October 27, 1980 which
authorized,the calling of public tenders for garbage collection in the area presently serviced by Mr. E. J.
Ferguson, be rescinded:
AND FURTHER that an agreement be entered into with Mr; Ferguson, effective January 1, 1981, for
garbage collection in the said area, at the rate of $24.00 per unit, such agreement to expire December 31,
1984 and to contain the same fuel adjustment clause as is contained in the existing contract for the outer tax
zones, with such agreement to be submitted to Council at the next meeting for authorization for execution on
behalf of the City. ,
Question being taken, the motion was carried with the Mayor and Councillor Denton voting "nay".
On motion of Councillor MacCallum
Seconded by Councillor Knibb
RESOLVED that third reading ,of the by-law to close a portion of Bayside
Drive be added to the agenda for consideration at this time.
During ensuing discussion, Mr. Barfoot advised that there are a number of land transactions involving
the Irving interests which were originally agreed to, and that the documents in this regard will be exchanged
following the closing of Bayside Drive. In reply to a query from Deputy Mayor M. Vincent if the documents
regarding such transactions are ready, Mr. Rodgers stated he is not ' sure that answer can be given now, however,
he feels the point should be made that the closing is not taking place legally as an obligation to Mr. Irving _
it is taking place as the result of a decision Council 'believes is in the interests of the community.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the above matter be referred for consideration in legal
session at this meeting.
Question being taken, the referral motion was lost, a tie vote having been created with the Mayor
and Councillors Green, Knibb, MacCallum and M. Vincent voting "nay".
516
"'IIIl
LEGAL
SESSION
\
Central & Eastern
Trust Co
Millidgeville Estates
, Subdi vision
,
The Rocca Group Ltd
The Rocca Group Marke
'Square Development
Ltd.
City Solicitor
\
Counc. Elliot
\First L.D.H. Ltd.
Ci ty Solicitor
Ci ty Solicitor
By-Law ..
street closing
Bayside Drive
\
Wayne
it ems
Question being taken, the original motion was lost with Councillors Denton, Elliot, Gould and~
voting "nay", a two-thirds vote of the total membership of Common Council being required to add I
to the Council agenda. I
I
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that this meeting continue, in legal session.
On motion of Councillor A. Vincent
Seconded by Councillor Green i
RESOLVED that the letter from the City Manager regarding the I
request from Cent~al and Eastern Trust Company for particUlars as to when the City would complete the I
services in Phase 3 of the Millidgeville Estates Subdivision, be laid on the table for one week, pending
a report from the Legal Department on the actual ownership ,of the said subdivision. I
Question being taken, the tabling motion was carried.
On motion of Councillor Wayne
Seconded by Councillor Knibb
, RESOLVED that the letter from The Rocca Group Limited advising
that Supplementary Letters Patent have been applied for to expand the objects of one of their existing
companies and, to 'change its name to "The Rocca Group Market Square Development Ltd." and requesting the
City's consent in principle to the said transaction"be referred to the City Solicitor for discussion
with Mr. L. Machum, with a report to be submitted to Council containing additional information in this
regard.
Question being taken, the referral motion,was carried.
I
I
I
Seconded by Councillor Wayne II
RESOLVED that the above letters be laid on the table for one week.
I
I
Read a letter from the City Solicitor, dated November 17th, ,1980 regarding Council's request!
for an up-to-date legal opinion on the City's legal position regarding third reading of the amendment tb
the Street ,Closing By-Law affecting Bayside Drive, advising that he thinks it is important that assuming
,Council intends to enact the said By-Law, that prior to third reading 'Council for the record state thati
the closing of the particular portion of Bayside Drive is being done after a consideration of all the I
facts and is being done in the interest of the community and not merely because of an'agreement with I
Irving Oil Limited. On the question of the City's legal liability to Mr. Franklin, Mr. Rodgers advisesl
that it is his opinion, and based to a large extent on the fact that the new Bayside.Drive diversion I
does not cross Mr. Franklin's property, while at the same time access is being provided, the City does
not have to delay third reading of the By-Law solely on the fears of a legal claim succeeding against
the City if commenced by Mr. Franklin.
Consideration was given to a letter from Councillor Elliot reporting on actions taken or
underway with respect, to the First L.D.H. Ltd. property in Millidgeville., Copies of a letter from the
City Solicitor, dated November 24th, 1980, regarding First L.D.H. Ltd. ,were distributed to the Council
members at this time.
On motion of Councillor Elliot
Question being taken, the tabling motion was carried.
On motion of Councillor Knibb,
Seconded by Councillor Elliot
RESOLVED that third reading of the by-law amendment to close a
portion of Bayside Drive be placed on the agenda of the next regular Council meeting.
The Council members agreed that the above matter would be considered ,in Committee of the WhOll
prior to the next regular Council meeting, and that staff be asked to attend and have available all II
pertinent information in this regard.
i
I
I
I
I
I
I
On motion
The meeting adjourned.
~.
commo~rk
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the first
day of December, A. D. 1980, at 7.00 o'clock p.m.,
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, , Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne'
and.-
Messrs. N. Barfoot, Assistant City.Manager, R.' Park, Commissioner of
Finance, F. Rodgers, City Solicitor, D. Wilson, Deputy Commissioner of
Finance, M. Winch,.Deputy Commissioner of Community Planning, J. C.
MacKinnon, Commissioner of Engineering and Works" S. Armstrong, 'Deputy
Commissioner of Engineering, J. F. Ross, Chief of Police, C. E. Nicolle,
Director of Recreation and Parks, and J. BroWnell, Assistant Director
of Recreation
Lieutenant Garry Pearce of The Salvation Army offered a prayer which opened the meeting.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that minutes of the meeting of Common Council, held on
November 24th last, be confirmed.
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51"':1
, E. Ferguson
~ Gar~age collec
t10n
\ Agreement
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,Nominating
Committee
. Moosehead
" Breweries
I
Progress
, Payments
Woodward Ave;
Donaldson St;
Reed St;
Haxward Ct
,Storm Sewer
Const.
'Kanes Corner
'Metro Const
(1978) Ltd
.
"I Board of School
Trustees, Dist 2
Champlain Hgts
, School
sports field
Tenders rejected
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(Councillor Landers withdrew from the me~ting)
Councillor Wayne referred to a motion
of a contract to be entered into with Mr. E, J.
have been submitted to Council at this meeting.
adopted by Council at the last meeting regarding the preparation
Ferguson for the collection of garbage, which contract was to
Mr. Rodgers' stated that the contract has been prepared.
,
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the matter of the agreement to be entered into with Mr.
E. J. Ferguson for garbage collection in Wards 1 and 2 in Saint John West, be added to the agenda and con-
sidered at this time.
Question being taken, the motion was carried, with Councillors Denton and Gould voting "nay".
Copies of the proposed agreement were distributed to the Council members at this time. Councillor
Elliot stated he feels Council members should have time to peruse such agreement prior to authority being
given for execution by the City.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the above matter be laid on the table until the next
meeting.
Question being taken, the tabling motion was carried with Councillors Knibb, MacCallum, M. Vincent
and Wayne voting "nay".
(Councillor Landers re-entered the meeting)
The Mayor advised that public advertisements will be placed by the City this week seeking volunteers
to serve on various City committees.
Councillor Knibb commended Moosehead Breweries Ltd., which firm recently won several championships
in an international brewing competition.
The Mayor welcomed to the meeting members of the 1st Ketepec Scout Troop, accompanied by their
leader, Mr. Elmer Mersereau. He noted that these Scouts are working on attaining their Citizens Badge.
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following constr~ction progress certificates, namely:-
1.
Woodward Avenue, Donaldson Street, Reed
Street, Hayward Court - Storm Sewer Construction
Master Enterprises Ltd.
Current budget allotment
Total work done, Estimate Number 5
Retention 3%
Payment previously approved
Sum recommended for payment, Progress Estimate Number
dated November 21, 1980 Partial Holdback Release
$ 154,048.92
154,048.92
4,621. 47
130,941. 58
5,
$ 18,485.87
2.
Kanes Corner
Metro Construction (1978) Ltd.
Reconstruction
Current budget allotment
Total work done, Estimate Number 7
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated November 27, 1980 Partial Holdback Release
$ 305,675.81
305,675.81
9,170.28
281,854.10
7,
$ 14,651. 43
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager advising that the 1980
capital program for the Recreation and Parks Department included certain improvement works under a project
entitled School Park Development, which projects are done in conjunction with the Department of Education and
the District 20 School Board, and that one of these projects provided for the development of a sports field at
Champlain Heights School; further advising of results of a tender call for extension to an existing 42-inch
diameter storm sewer, and noting that subsequent to the close of the tenders, it was discovered by City staff
that a portion of the lands necessary for the sports field, including the land required for the pipe works
were not owned by the Province, as had been the understanding of the Department of Education, and that the
said Department has been attempting to acquire the lands necessary for the project but have informed staff
that it would appear that negotiations will not be completed until next spring; and recommending that all
tenders for the installation of Champlain Heights School Storm Sewer be rejected with the tenders to be
recalled next year, after the Province has successfully acquired the necessary lands for the completion of the
project -- be received and filed and the recommendation adopted.
Councillor Wayne inquired if the low tenderer on the above project would agree to constructing this
work at the tendered price, when the Province acquires the required property. Mr. MacKinnon replied that this
matter was not considered, as the project was listed in the 1980 capital budget and would require Council
approval again if the project was undertaken in 1981. In reply to a query of Councillor A. Vincent as to the
owner of the property in question, Mr. MacKinnon stated he understands the said land is owned by the Slattery
interests.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table for one week and
that the owner of the property in question be asked to grant the required easement over this property for the
sum of $1. 00.
518
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\
Canada Games
Marlborough Graphics
\Limited
Community Services'
, Grant Contribution
Program
'\
Cities of N.B. Assoc
\
Crestwood Holdings
& Realty Ltd
Plan. Adv. Com.
Bond ISsue
Question being taken, the tabling motion was carried.
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Deputy Mayor M. Vincent asked
ensure that acquisition of, the required,
remaining tenderers, it. was agreed'that
again considered by Council.
that staff, contact the,Provincial Department of Education to
land is pursued, Regarding the return 'of the cheques of the
no action would be taken in this regard until the matter is
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Seconded by Councillor M. Vincent I
RESOLVED'that the letter from the City Manager advising that
the final costs for design, production and printing of the City's Canada Games presentation booklet andl
audio visual presentation and equipment have now been received, and that the total amount paid to I
Marlborough Graphics Limited, the company engaged. to.. design and manufacture, this material, is $47,550.00,
,
as per the submitted summary, excluding Provincial,Sales Tax, which is not known at this time; and i
recommending that Common Council confirm its approval of these expenditures -- be received and filed I
and the recommendation adopted.
On motion of Councillor Landers
I'
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the,letter'from Councillor, Green regarding the
Community Services Grant Contribution, Program, ,be, received and filed:
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AND FURTHER that Common 'Council request both the Federal and Provincial Governments to advise
the City as soon as possible as tocwhat programs will be set up to replace 'the' Community Services Grant
Program.
The Mayor stated that Council previously approved,the forwarding of a'letter to the Federal
Minister reaffirming the City's support in his attempts to retain this beneficial program. Councillor
Elliot noted that a copy of Council's previous cOncern was also forwarded to the Cities of New Brunswick
,
Association. I
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Read a joint letter from the 'City Manager and Deputy Commissioner of Community Planning I
regarding the letter to Council from Crestwood Holdings & Realty Ltd., regarding requested approval fOr'j
a proposed subdivision on Golden Grove Road, submitting a copy of Mr. Winch's reply to the company's
letter and noting' that it is important that Council be made aware of this 'information and that a I
premature response to the Crestwood:proposal not be made~ . I'
Consideration was also given to the letter from Crestwood Holdings & Realty Ltd., as referred
to in the above letter from staff, which advises that as indicated in the submitted letter, City I
Engineering approval has been received to road location and layouts for public purposes land for this I
subdivision, and that it would appear that the Planning Branch did not comply with the request of the
Planning Advisory Committee of May 27th, 1980 to expedite an immediate study and report back on the
proposed changes of the Municipal Plan Review.
.
Councillor Wayne referred' to minutes of a meeting of the Planning Advisory Committee of May
27th, 1980 at which time this matter was discussed; and noted that at, that meeting, a resolution was
adopted tabling the subdivision application and that staff be asked to expedite its review of present
policies regarding subdivision development in unserviced areas. In ensuing,discussion, Mr. Winch
reported that Planning staff are endeavouring to report to the Planning, Advisory Committee in this
regard in two weeks' time.
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On motion of Councillor Knibb
a report
Seconded by Councillor Elliot
RESOLVED that Council urge that the above matter be concluded asl
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that the above letters be laid on the table pending I
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soon as possible.
On.motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that an extension of three months from this date be
plan of Crestwood Holdings & Realty Ltd. regarding property on
.
granted for approval of the subdivision
Golden Grove Road.
On motion of Councillor Landers
Seconded by, Councillor MacCallum
RESOLVED
from the Planning Advisory Committee.
Question being taken, thectabling motion'was' carried.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS ,the City of Saint John hereinafter called, the 'Corporation I is authorised by Chapter 27 I
of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and
the Municipal "Debenture Act, and amendments thereo, as occasion may in the public interest arise for
the carrying on of any public civic works or needed civic.improvements, to borrow any sum or sums of
money for any such purpose-and to issue" debentures- to secure the repayment of such monies;
II
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AND WHEREAS the Corporation by virtue of Section B (3) of an Agreement dated the 28th day of November
1968 be-tween'>Centrai~Moftgage and Housing Corporation and The Corporation of The City of Saint John an~
, ,
Her Majesty the Queen in Right of the Province of New Brunswick pertaining to an urban renewal scheme in
an area comprising approximately 198 acres of land in the North End Area of The City of Saint John has I
agreed on July 1st in each year to issue and deliver to Central Mortgage and Housing Corporation a I
debenture of The City of Saint John equal in amount tothe"principal amount advanced in the preceding I
twelve months period by Central Mortgage and Housing Corporation to The City of Saint John:
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THEREFORE BE IT RESOLVED AS FOLLOWS: I
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519
That the Corporation do create and issue a debenture of a principal amount of $38,738.81 bearing interest
at the rate of 6 7/8 per annum commencing "on the '1st day of July, 1981.
.
That payment andinterest and instalments of principal be made on July 1st annually over a term of fifteen
years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of The
Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or any
part thereof at any time prior to the first day of July in the year 1995.
I
That the Mayor and Cornmon Clerk of the Corporation be hereby authorized to sign the said debenture on
behalf of the Corporation and the Cornmon Clerk be hereby authorized to affix thereto the Seal of the Corpor-
ation. " .
On motion of Councillor Landers
I
Seconded by Councillor Gould
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter 27 of the
Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal
Debenture Act, and amendments thereto, as occasion may in the public interest arise for the carrying on of
any public civic works or needed civic improvements, to borrow any sum or sums of money for any such purpose
and to issue debentures to secure the repayment of such monies;
.
AND WHEREAS the Corporation under the terms of Part III - I of the National Housing Act and pursuant to
the agreement entered into between"the Province of New Brunswick and Central Mortgage and Housing Corporation
dated February 4th, 1974 and Sections 10(2)(i) and (k) New Brunswick Housing Act, Province of New Brunswick,
pertaining to an area in the South end of the City. The City of Saint John has agreed on January 1st, in
each year to issue and deliver to Central Mortgage and Housing a debenture of The City of Saint John equal
in amount to the principal amount advanced in the preceding twelve months period by Central Mortgage and
Housing Corporation to The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Corporation do create and issue a debenture of a principal amount of $388,943.00 .bearing interest
at the rate of 10% per annum commencing on the 1st day of January, 1979.
That payment and interest and instalments of principal be made on January 1st annually over a term of
twenty_five years in accordance with the schedule hereto annexed.
That such payment of interest .and principal be made at par as they fall due at the main office of The
Bank of Nova Scotia in Ottawa, Ontario.
I
. Provlded that the Corporation shall have the privilege of paying the whole amount owing hereunder or any
part thereof at any time prior to the 1st day of January, 2003.
That the Mayor and Cornmon Clerk of the Corporation be hereby authorized to sign the said ebenture on
behalf of the Corporation and the Cornmon Clerk be hereby authorized to affix thereto the Seal of the Corpor-
ation." .
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the following resolution be adopted, namely:-
.
"WHEREAS the City of Saint John hereinafter .called the 'Corporation' is authorized by Chapter 27 of the
Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal
Debenture Act, and amendments thereto, as occasion may in the public interest arise for the carrying on of
any public civic works or ne~ded civic improvements, to borrow any sum or sums of money for any such purpose
and to issue debentures to secure the:repayment,of such monies;
AND WHEREAS the Corporation under the terms of Part III - I of the National Housing Act and pursuant to
the agreement entered into between the Province of New Brunswick and Central Mortgage and Housing Corporation
dated February 4th, 1974 and Sections.10(2)(i) and (k) New Brunswick Housing Act, Province of New Brunswick,
pertaining to an area in the South end of the City. The City of Saint John has agreed on January 1st, in
each year to issue and deliver to Central Mortgage and Housing a debenture of The City of Saint John equal
in amount to the principal amount advanced in the preceding twelve months period by Central Mortgage and
Housing Corporation to The City of Saint John:
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THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Corporation do create and issue a debenture of a principal amount of $37,907.00 bearing interest
at the rate of 10% per annum commencing on the 1st day of January, 1980.
That payment and interest and instalments of principal be made on January 1st annually over a term of
twenty-five years in accordance with the schedule hereto annexed.
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That such payment of interest.and principal be made at par as they fall due at the main office of The
Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or
any part thereof at any time prior to the first day of January in the year 2004.
That the. Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture on
behalf of the Corporation and the Cornmon Clerk.be hereby authorized to affix thereto the Seal of the Corpora~iod"
tion." .
On motion of Councillor Green
.
Seconded by Councillor Elliot
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter 27 of the
Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal
Debenture Act, and amendments thereto, as occasion may in the public interest arise for the carrying on of
any public civic works or n d d '. .
ee e ClVlC lmprovements, to borrow any sum or sums of money for any such purpose
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520
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and to issue debentures to secure the repayment of such monies; I
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AND WHEREAS the Corporation under the terms of Part III - I of the National Housing Act and pursuant
to the agreement entered into between the Province of New Brunswick and Central Mortgage and Housing :
Corporation dated February 4th, 1974 and Sections 10(2)(i) and (k). New Brunswick Housing Act, Province I
of New Brunswick, pertaining to an area in the South end of the City. The City of Saint John has agreed
on January 1st, in each year to issue and deliver.to Central Mortgage and Housing a debenture of The I
City of Saint John equal in amount to the principal amount advanced in the preceding twelve months i
period by Central Mortgage and Housing Corporation to The City of Saint John; I
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THEREFORE BE IT RESOLVED AS FOLLOWS;
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annually over a terml
That the Corporation do create. and issue a debenture of a principal amount of $192,959.00 bearing
interest at the rate of 10% per annum commencing on the 1st day of January, 1981.
That payment and interest and instalments of principal be made on January 1st
of twenty-five years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of
The Bank of Nova Scotia. in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder
or any part thereof at any time prior to the first day of January in the year 2005.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture
on behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the Seal of the
Corporation. " .
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that the following resolution be adopted, namely:-
I
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"WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter 27 of
I
the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the
Municipal Debenture Act, and amendments thereto, as occasion may in the public interest arise for the I
carrying on of any public civic' works or needed civic improvements, to borrow any sum or sums of money I
for any such purpose and to issue debentures to secure the repayment of such monies; .1
I
AND WHEREAS the Corporation under the terms of Part III - I of. the National Housing Act and pursuant
to the agreement entered into betwe~n the Province of New Brunswick and. Central Mortgage and Housing i
Corporation dated 11th September, 1975 and Sections lO(2)(k) New Brunswick Housing Act, Province of Ne~
Brunswick, pertaining to an area in the North. end of the City. The City of Saint John has agreed on 'I
January 1st, in each year to issue and deliver to Central Mortgage and Housing a debenture of The City
of Saint John equal in amount to the principal amount advanced in the preceding twelve months period by:
Central Mortgage and Housing Corporation to The City of Saint John; I
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THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Corporation do create and issue a debenture of a principal amount of $94,309.50 bearing
interest at the rate of 9 1/2% per annum commencing on the 1st day of January, 1979.
That payment and interest and instalments of principal
of twenty-five years in accordance with the schedule hereto
be made on January 1st annually over a ter~
,
annexed.
That such payment of interest and principal be made at par as they. fall due at the main office of
The Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have. the privilege of paying the whole amount owing hereunder
or any part thereof at any time prior to the 1st day of January, 2003.
I
of the Corporation be hereby authorized to sign the said debenture;
Common Clerk be hereby authorized to affix thereto the Seal of the;
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"WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter 27 of
the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and th~
Municipal Debenture Act, and amendments thereto, as occasion may in the public interest arise for the II
carrying on of any public civic works or needed civic improvements,.to borrow any sum or sums of money.
for any such purpose and to issue debentures to secure the repayment of such monies; . I
I
AND WHEREAS the Corporation under the terms of Part III - I of the National Housing Act and pursuant
to the agreement entered into between.the prOVince of New Brunswlck and Central Mortgage and Housing I
Corporation dated 11th September, 1975 and Sections 10(2)(k) New Brunswick Housing Act, Province of New1
Brunswick, pertaining to an area in the North end of the City. .The City of Saint John has agreed on .
January 1st, in each year to issue and deliver to Central Mortgage and Housing a debenture of The City
of Saint John equal in am. ount to the principal amount advanced in the preceding twelve months period bYt'
Central Mortgage and Housing Corporation to The City of Saint John:
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bearing I
fhat the Mayor and Common. Clerk
on behalf of the Corporation and the
Corporation.". . '
On motion of Councillor A. Vincent
Seconded by Councillor Denton.
RESOLVED that the following resolution be adopted, namely:-
THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Corporation do create and issue a debenture of a
interest at the rate of 9 1/2% per- annum commencing on the 1st
principal amount of $471,932.00
day of January, 1981.
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That payment and interest and instalments of principal be made on January 1st annually over a term
of twenty-five years in accordance with the schedule hereto annexed. I
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That such payment of interest and principal be made at par as they fall due at the main office of I
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The Bank of Nova Scotia in Ottawa, Ontario. I
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52.1
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City Solicitor
I ',Rocca Group Ltd
'Agreement
Rocca Group .
,Market Square
Dev. Corp.
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\ David M. Brown
Unions
street, closing
of
, Bayside Driye
I By-Law
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The Royal Hotel
Saint John Dry-
dock & Shipbld
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Provided that the, Corporation shall.have the"privilege of paying the whole amount owing hereunder or any
part thereof at any time prior to the 1st day of January, 2005.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture on
behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the Seal of the Corpora~~o._.'
tion.".
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor regarding the request
received by Council from the Rocca Group Limited to consent to the assignment of the City Centre Improvement
Project-Construction Management Agreement from the Rocca Group Limited to a company to be known as the Rocca
Group Market Square Development Ltd., advising that he has examined the Agreement, the request, as well as
having had discussions with the solicitor for the Market Square Corporation, and it is his opinion that Council
can if it wishes give consent to the Rocca Group Limited as requested; but such consent should be subject to
the Rocca Group Limited remaining primarily and ultimately liable as per the original Agreement, and as well,
consent given should be subject to the City Solicitor approving any necessary documentation required to be
executed by the City after the consent has been given; and pointing out, however, that even though Council may
give consent in this instance, there may be other consents required in the future, in which a different
exrunination will be required, and different circumstances applying, which. may affect any future decisions in
considering similar requests -- be received and filed and Common Council consent to the assignment of the City
Centre Improvement Project-Construction Management Agreement from the Rocca Group Limited to a company to be
known as the Rocca Group Market Square Development Ltd., subject to the Rocca Group Limited remaining primarily
and ultimately liable as per the original Agreement, and subject to the City Solicitor approving any necessary
documentation required to be executed by the City.
Mr. Rodgers advised that the above request pertains only to one agreement between the City and the
Rocca Group Limited, and he has deliberately not gone into why the Rocca Group wishes to have such agreement
assigned to a subsidiary company as he does not feel it is relevant, and that the present consent in no way
commits the City to recognizing any future requests.
Question being taken, the motion was carried with Councillor A. Vincent voting
" "
nay.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from Mr. David M. Brown, solicitor representing
the Industrial Union of Marine and Shipbuilding Workers of Canada, Local No.3, regarding the proposed closing
of a portion of Bayside Drive, be added to the agenda.
Question being taken, the motion was carried with Councillors Gould and Wayne voting
" "
nay .
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway or portion of highway:-
Bayside Drive - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint
John, County of Saint John, Province of New Brunswick, being bounded and described as follows:
Beginning at a point on the northeastern side line of the old Bayside Drive at its intersection with the
northwestern side line of land now or formerly owned by Royal Hotel Limited, said point also having New
Brunswick Grid Co-ordinate .Values east. 1120 767.57 north 553 701.46; going thence across the old Bayside
Drive by an azimuth referred to the N.B. Grid North two hundred and twenty two (2220) degrees one (01') minute
twenty (20") seconds a distance of sixty six (66.0') feet to the southwestern side line; thence along the said
side line an azimuth of three hundred and twelve (312?) degrees one (01') minute zero (00") seconds a distance
of one hundred ninety nine and eight tenths (199.8') feet; thence continuing an azimuth of three hundred and
. twelve (312()) degrees two (02') minutes zero (00") seconds a distance of three hundred thirty eight and eight
tenths (338.8') feet; thence~continuing an azimuth of three hundred and eleven (3110)~degrees fourteen (14')
minutes zero (00") seconds a distance of one hundred seventy eight and six tenths (178.6') feet; thence continu~
ing an azimuth of three hundred and twelve (3120) degrees fifty three (53').minutes thirty (30") seconds a
distance of four hundred thirty and one tenth (430.1') feet; thence an azimuth of three hundred and twelve
(3120) degrees forty eight (48') minutes ten (lO") seconds a distance of seventy one and six tenths (71.6')
feet to the southeastern side line of the new diverted Bayside Drive; thence along the new diverted Bayside
Drive along a curve to the left having a radius of five hundred seventy and nine tenths (570.9') feet an arc
distance of one hundred fifty two and three tenths (152.3') feet to a point on the northeastern side line of
the old Bayside Drive having a chord azimuth of one hundred and seven (107\) degrees five (05') minutes zero
(00") seconds a chord distance of one hundred fifty one and nine tenths (151.9') feet; thence along the old
Bayside Drive an azimuth of one hundred and thirty two (132\') degrees fifty three (53') minutes thirty (30")
seconds a distance of three hundred and sixty four (364.0') feet; thence continuing an azimuth of one hundred
and thirty one (1310) degrees fourteen (14') minutes zero (00") seconds a distance of one hundred seventy
eight and one tenth (178.1') feet; thence continuing an azimuth of one hundred and thirty two (1320) degrees
two (02') minutes zero (OO'~) seconds a distance of three hundred thirty nine and two tenths (339.2') feet;
thence continuing an .azimuth of one hundred and thirty two (1320) degrees one (01') minute zero (00") seconds
a distance of one hundred ninety nine and eight tenths (199.8') feet to the place of beginning, containing an
area of 75,374 square feet Subject to a Service Easement and designated as Parcel "A" as shown on Plan of
Property Bayside Drive, prepared by Murdo~h-Lingley Limited dated Saint John, N.B. June 13, 1980 and signed by
Ronald J. Bastarache, N.B.L.S.
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
Regarding the above street closing, Councillor A. Vincent stated he feels there is a solution satis-
factory to both the Dry Dock and to the President of Royal Hotel Holdings. Councillor Denton noted that he had
previously voted against this street closure, however, he will vote for the motion at this meeting on the
assurance from the City Solicitor that when the final documents are signed for the transferring of the former
Bayside Drive, that the Irving interests will provide documents of the properties to be transferred to the
City. Councillor Landers stated that while he realizes the benefit of the expansion of the Dry Dock to the
community, he still objects on the basis of parties not following through on their agreements, and he objects
to Council again acting as the result of such interests applying pressure due to the urgency of such matters.
COUIlcillor Elliot noted that by closing this portion of Bayside Drive, Council is honouring its commitment
under an agreement.
-Question being taken, the motion was carried with Councillor Landers voting "nay".
522
"""':ll
David M. Brown
Union
Saint John Shipbldg
\ & Dry Dock Co Ltd.
'Bays ide Drive
\.
By-law readings
\
Canada Summer Games
aquat i c centre
,
'-
Sportsplex facility
L
Atlantic National
Exhibition
,
Environment Com.
,
Master Plumbers
Examining Board
'David Leggat
Parking Com.
Prop: Peters St
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of
Highways in:The City of Saint John Made Under the Authority of. Section 187 of the Municipalities Act,
R.S.N.B. 1973" was read in its entirety prior.to adoption of the above resolution.
On motion of Councillor A. Vincent
.
I
I
Seconded by Councillor Green I
RESOLVED that the letter from Mr. David M. Brown, solicitor repre~:.
senting the Industrial Union of Marine and Shipbuilding Workers of Canada, Local No.3, which is the !
certified bargaining agent for the majority of the employees of the Saint John Shipbuilding and Dry Doc~
Company Limited, advising of their c?ncern and the wishes of all of the membership of Local 3 that the I
by-law to close a portion of Bayside Drive, adjacent to the Saint John Shipbuilding and Dry Dock Company
Limited be passed without further delay. and urging Common Council to take whatever further steps it
deems necessary to encourage the. planned industrial expansion of the Dry Dock, be received and filed.
I
On motion of Councillor M. Vincent
I
I
Seconded by Councillor Dehton I
. RESOLVED that staff be instructed to immediately consult with the
appropriate Provincial Government authorities to see if the necessity of having by-laws read in their I
entirety in open session of Council prior to. adoption,. can be eliminated. j
The Mayor noted that the City'Solicitor has. .reported to previous. Councils on two occasions in
this. regard.
I
Question being taken, the motion was carried with Councillors. Knibb and MacCallum voting
"nay".
Read 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
Mayor Lockhart
your Committee
I
. . I
Committee begs leave to report that it sat on November 24th, 1980 when there were presen~
and Councillors Denton, Elliot, Gou.ld., Green, Kn. ibb, MacCallum M. Vlncent and Wayne and
. ,. , 'I
submits the following recommendation, namely:-
1. That the Canada Summer Games Committee be authorized to carry out the planning phase of the I
aquatic centre project by having marketing, technical, engineering and operational studies conducted tot
provide data required for the development, analysis and review of alternate plans to meet the requirements
of the Canada Summer Games, as well as t.he associated recreational needs of the City, and that the I
amount of $50,000.00, which is a cost-shared item, be made available to the Committee.
Saint John, N. B.,
1st December, 1980.
(sgd. )
Respectfully submitted,
A. R. W. Lockhart,
Chairman.
Ii
On motion of Councillor Knibb
I
'4
Seconded by Councillor Landers
RESOLVED that the above report be received and filed and the
recommendation contained therein adopted.
Councillor Landers referred to a previous resolution adopted by Council that the feasibility
of including the aquatic centre as part of a sportsplex facility for the City be investigated and he
asked if such investigation will be included in the above. planning. Making negative reply, the Mayor I
noted that the terms of reference from the Federal Government for the Summer Games Committee are entirely
related to the Canada Games and the swimming pool facility - there is no funding, no approval and no I
consideration for the inclusion of a sportspiex under'such Federal Government funding. I
I
,
I
I
I
I
of the Atlantic National Exhibition and others, to I.
will be reporting to Council further in this
I
I
I
I
from the Environment Committee, requestihg
possible, be referred to the Nominating
.
Question being taken, the motion was carried with Councillor Landers voting "nay".
(Councillor A. Vincent withdrew from the meeting)
The Mayor stated he has met with officials
investigate the proposed sportsplex facility, and he
regard.
,
I
On motion of Councillor.Wayne
Seconded by Councillor Green
that a Council member
Committee.
RESOLVED that the letter
be appointed to the Committee as soon as
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Master Plumbers Examining Board~
advising that Mr. David Leggat, 29 Skyline Drive, Saint John, has successfully passed his recent examin+
ation for a Master Plumbers license, and the Board recommends that his application be approved and a I
.1981 Master Plumbers License.be issued to him, be received and filed and the recommendation adopted. I
. I
I
On motion of Councillor Elliot
1
Seconded by Councillor Landers
RESOLVED that the letter from the Parking Commission requesting
that Council approve the purchase of property on Peters Street for the amount of $65,000.00, for the
improvement of parking, and advising that if approved,sucli purchase would be paid from Parking Com-
mission funds and the property would be owned by the Parking Commission, be laid on the table and the
Parking Commission be asked to meet with Council regarding their long-terms plans for such property,
with such meeting to be held within one month.
.
Question being taken, the tabling motion was carried.
~
,....
J~23
-..- ,-
Sidewalk
'Westmorland'Rd
. ,Golden Grove R
I
Counc. M. Vince t
Read a letter from Deputy Mayor M. Vincent advising that he would appreciate being advised by staff
at this meeting when the construction of the sidewalk in the area of Westmorland Road, near Forest Hills
School and Golden Grove Road, will be completed, and expressing to staff the residents' appreciation for
carrying this work out.
Mr. MacKinnon advised that construction of the said sidewalk is scheduled for completion on this
date.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the above letter be received and filed.
Read a letter from Deputy Mayor M. Vincent advising that he has been approached by representatives
~:tenas of 6ne of the Minor Hockey Associations in the City expressing their concern over the lack or adequacy of
painting of the lines on ice.surfaces in the City arenas, and in particular that of the Simonds Centennial
ice surfaces Arena. The letter also refers to difficulty encountered by spectators in using the side exit door of the
Simonds Centennial Arena due to a significant elevation between the door step and the level of the asphalt
surface on the exterior.
I
.
Fern Carpenter
Seawood Block
, Parent Assoc.
Traffic signs
I
'Philip G. Palmer
Market Committee
Resignation
\ Thomas McGloan
'Bicentennial Com
.
LEG A L
S E S S ION
I
\ Counc. Ell iot
First L.D.H.
, Ltd.
City So 1 ici tor
'\Donald M. Gilli
I"
Land Committee
Prop: 3-5
Cranston Ave
'Leonard Turner
Estate
North/South
, Arterial
.
.....
Mr. Nicolle reported that the lines were placed on the ice surface at the Simonds Centennial Arena
quickly due to the lateness of the season and that such lines.were painted before the ice was whitened and
therefore the lines were difficult to see, however, he believes that the lines were to be painted again this
evening. Regarding the exit door referred to by Deputy Mayor M. Vincent, Mr. Nicolle reported that this
matter is being investigated to ascertain what can be done to eliminate this problem.
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that the above letter be received and filed.
Councillor Wayne referred to previous procedure adopted by Council that items such as the two
matters referred to above by Councillor M. Vincent, were to be taken up by Council members with staff, prior
to such matters being placed on the agenda. Councillor M. Vincent stated that he agrees with Councillor Wayne
that the existing policy should be followed, however, he explained the problems to the City Manager and asked
that they be referred to the appropriate staff for action, and nothing was done, and therefore he had no
alternative than to place such matters on the agenda.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Mrs. Fern Carpenter, Co-Ordinator of the
Seawood Block Parent Association, requesting the posting of traffic signs in their area, and also asking that
a large "Block Parent" sign be posted at the entrance to .the Sand Cove subdivision, be referred to the City
Manager for action.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the resignation of Mr. Philip G. Palmer as a member of the
City's Market Committee be accepted with regret, and Mr. Palmer be thanked for his services to the City while
a member of the said Committee, and that the matter of a vacancy on the Market Committee be referred to the
Nominating Committee.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the resignation of Mr. Thomas L. McGloan as a member of
the Bicentennial Committee be accepted with regret, and Mr. McGloan be thanked for his services to the City
while a member of the said Committee, and that the matter of a vacancy on the Bicentennial Committee be
referred to the Nominating Committee.
Prior to the regular meeting, the. Council met in Legal Session when there were present Mayor Lockhart
and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, M. Vincent and Wayne.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Elliot reporting on actions
taken or underway with respect to the First L.D.H. Ltd. property in Millidgeville, and the letter from the
City Solicitor, dated November 24th, 1980, regarding First L.D.H. Ltd., be further laid on the table for one
week.
Question being taken, the tabling motion was carried.
Prior to adoption of the above motion, the Mayor stated that he has suggested that the City Solicitor
meet with Mr. Donald M. Gillis, Q.C., regarding his legal opinion submitted with the above letter from Councillor
Elliot, and that Council be presented with a concise pattern of approach to this matter, at the next meeting.
(Councillor Knibb entered the meeting)
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the report from the Land Committee regarding the Committee's
recommendation that property at 3-5 Cranston Avenue be purchased from the Leonard Turner Estate, which recom-
mendation was tabled at Council's October 27th, 1980 meeting, advising that the. acquisition of this property
is required for the construction of the North/South Arterial and a full report was considered by the Land
Co~itteeon October 27th, 1980, a copy of which is submitted as well as a letter of acceptance from the
Executor of Mr. Turner's Estate; advising that staff have received several calls from the Executor inquiring
about the acquisition since they are concerned about giving the tenants proper notice; and recommending that
the purchase of the property for the sum of $28,000.00 be approved by Common Council at the earliest possible
date -- be received and filed. and the recommendation adopted, with such action to be ratified in open session
at the next Council meeting.
524
City Solicitor
'Bays ide Drive
'Provincial-Municipal
Committee
, Arenas'
lighting'
Saint John Shipbldg
, & Dry Dock Co. Ltd.
Annual Report
City Manager
...--"IIIIl
Consideration was given to.a letter from the City Solicitor, dated November 28th, 1980 in
connection with the Bayside Drive Diversion and the Street Closing By-Law, submitting a copy of the 1977
Agreement between Irving Oil Limited, Saint John Shipbuilding & Dry Dock Co. Ltd., and the City of Saint
John, and elaborating on several sections of the said agreement per~aining to land exchanges, as well a~ .
the obligations of the parties. The letter notes that because of the fact that Bayside Drive is a J
Provincial highway, the Street Closing By-Law.must be approved by the Lieutenant-Governor-in-Council,
and as soon as the by-law is enacted by Council and approved at the Provincial level,.the necessary
conveyance and closing can take.place, and with respect to the general obligations of the parties, the
Chairman and Chief Executive Officer of the Dry Dock c9mpany has provided a letter stating that a portion
of the Old Bayside Drive, known as a portion of Parcel #7, which was originally part of the 1977 Agreem~nt,
is no longer expected to be conveyed to the company, and that the company is satisfied with the portion!
of Old Bayside Drive as referred to in the recent street closing advertisement. Mr. Rodgers points out I
that if the Street Closing By-Law is not. enacted, from a general policy decision point of view, Council!
cannot escape its liability to the Irving comp~nies for compensation to those companies for the portion I I
of the new Bayside Drive which crosses land owned.by the Irving companies, and also, if Council chooses:
to go back to the old Bayside Drive and discontinue.the new portion, probably very unlikely from a
..technical and engineering point of view, there will be'an obligation on the City to negotiate with the I
Irving companies to reach a satisfactory settlement with respect to the condition and state of the landi
over which the present diversion passes. It was noted that third. reading of the Street Closing By-Law I
amendment respecting a portion of Bayside Drive, is to be considered by Council in open session this
date.
On motion of Councillor Denton
I'
Seconded by Councillor Gould
RESOLVED that the above letter be received and filed.
Councillor Wayne referred to the report of the Provincial-Municipal Committee on the Administra~jon
ttonJof Justice in the Province, and noted that recommendations contained in the report will greatly
affect the City of Saint John. It was agreed that copies of the said report would be made available to
the Mayor, City Manager, City Solicitor, Chief of Police, and members of Council's Protection Committee,
for study and a report back to Council in Committee of the Whole. I
On motion
.
The meeting adjourned.
Clerk
At a Common Council, held at the City Hall, in the.City of Saint John, on Monday, the eighth
day of December, A. D. 1980, at 4.00 o'clock p.m:
present
A. R. W. Lockhart; Esquire, Mayor
Ii
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Community Planning, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissioner of Engineering,
J. Gabriel, Deputy Commissioner of Works, J. F. Ross, Chief of Police,
C. E. Nicolle, Director of Recreation and Parks, D. French, Director of
Personnel, G. Soucy, Labour Relations Officer, J. Johnson, Building
Inspector, G. Prentice, Public Relations Manager, K. Galbraith,
Administrative Assistant to the Mayor, and R. Adams, of the Real Estate
Department
.
Reverend James G. MacDonald, President of the Saint John Ministerial Association, offered a
prayer which opened the meeting.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on
I
December 1st, be confirmed.
I
asked that ~
conservationl
I
I
The Mayor congratulated the Saint John Shipbuilding & Dry Dock Co. Ltd., which has been selected
.as one of two prime contractors for the contract definition phase of the Canadian Patrol Frigate Prograili.
I
I
I
Councillor Landers referred to the lighting at the Simonds Centennial Arena, and
staff consider the safety factor to those citizens using the said Arena, as well as energy
in determining the number of lights to be used at this facility.
-I~
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the annual report of the City Manager for the year
1979 be received and filed.
Councillor Elliot asked that the City Manager submit a progress report to Council on the
following matters referred to in the above-named Annual Report: Municipal Plan review; study of the
lower west-side area; review of subdivision policies; and the implementation date for the Maintenance
Management System for the Engineering and Works Department.
On motion of Councillor Denton
.
Seconded by Councillor Green
RESOLVED that the letter from
request of May 20th, 1980 that the City Manager approach the proper
are available for grade separations on Rothesay and Thorne Avenues,
I
the City Manager regarding council'~
authorities and ascertain what funds
advising that inquiries have been !
.....
,....
~. ....
525
.
, Gi 1 bert Kenny
, Asphal t
-I
\
I Civi,l Liberties
Assoc.
I
Operation Idenfi
fication
.
'Champlain Hgts
, Schoo 1
Sewer
,Board of School
Trustees, Dist
#20
I ~~nders
rejected
,
Progress
Payments
North End Corn-
, rnuni ty Centre
\ Rocca Const. Ltd
.
Forest Hills 2.
, Ball Park Sto
_ Sewer
1- Master Enterpri es
Ltd.
I'D. Hatfield,
Metro Const.
- (1978) Ltd.
, Asphalt
,Rothesay Ave
.
"Robert A. Brodi
,Wentworth St
Parking
.....
made of the Province and it has been determined that no funds are available for these grade separations or any
others until a revised Urban Transportation Assistance Program has been worked out between the Federal and
Provincial Governments, and such a revision is not anticipat~d_until next spring at the earliest; and further
advising that when there is an expectation of funds, the City will have to. indicate. its priorities to the
Province --.be received.and filed..
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that.the letter from the City Manager regarding the complaint
of Mr. Gilbert Kenny to Council on September 22nd, 1980 concerning dumping of broken asphalt on his property
at the corner of Ocean Westway and.King William Road, advising that following receipt of Mr. Kenny's complaint,
City officials investigated the matter and although some broken asphalt was found on the property, the Works
Department could find no record of any work carried out by the City in the area and no records indicating that
the City was responsible for dumping on Mr. Kenny's property; moreover, there have been private contractors
working in this area -- be received and filed and Mr. Kenny be advised that the City accepts no responsibility
for cleaning up his property.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding the request
made at Council's October 20th, 1980 meeting by the Saint John Chapter of the Civil Liberties Association that
the Police Department be instructed in the future not to use or ask for social insurance numbers of owners or
parents of owners of bicycles, submitting a report from the Chief of Police which indicates the way in which
social insurance numbers or any other readily-recallable numbers are being used solely by the bicycle owners
as a means of identification to assist recovery -- be received and filed and a copy forwarded to the Civil
Liberties Association.
On motion of Councillor Elliot
Seconded by Councillor Knibb
. RESOLVED that the letter from the City Manager regarding tenders for
construction of the Champlain Heights School storm sewer, which matter was tabled at the last Council meeting
and the owner of the property in question was to be asked to grant the required easement over his property for
the sum of $1.00, advising that it was pointed out in the previous report that the Province is currently
attempting to acquire the lands necessary for the completion of the total project, which is a responsibility
of the Province under the agreement between the City and Province for.cost sharing of these projects in School
Park Development; further advising that staff met with officials of School District #20 to review the matter
fOllowing the Council meeting and have been in contact with officials of the Department of Education in
Fredericton and the question of acquiring an easement for the installation of the pipe in question would not
serve any useful purpose because of the amount and shape of the land necessary for the total project; and thus
the Department of Education has requested that the City take no action that may complicate their negotiations
with the land; and recommending that in view of the position of the Department of Education which is responsible
for acquiring the land, the previous recommendation to reject all tenders for the installation of the Champlain
Heights storm sewer be taken from the table and adopted -- be received and filed and the recommendation
adopted:
AND FURTHER that as recommended by the City Manager, all tenders for the installation of the Champlain
Heights School storm sewer be rejected.
On motion of Councillor Landers
Seconded
by Councillor Elliot
RESOLVED that as recommended by the
following construction progress certificates, namely:-
City Manager, authority be granted
for payment of the
1.
North End Community Centre
Rocca Construction Ltd.
Construction
Current budget allotment
Total work done, Estimate Number 13
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 4, 1980 Final Holdback Release
$ 766,320.99
766,320.99
Nil
761,864.59
13,
$ 4,456.40
Forest Hills Ball Park Storm Sewer
Master Enterprises Limited
Supply and install storm sewer
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 4, 1980 Final Holdback Release
$ 29,400.25
25,250.28
Nil
24,492.77
3,
$ 757.51
On motion of Councillor Green
Ltd
Seconded by Councillor Wayne
RESOLVED that
for payment of the following invoices, namely:-
D. Hatfield, Ltd. - (Works) equipment rental
Metro Construction (1978) Ltd. - supply of asphalt
$ 46,709.13
$ 40,055.55
as recommended by the City Manager, authority be granted
November 1-15, 1980
Nov. 20-Dec. 3, 1980
In reply to a query of Councillor Wayne, Mr. Armstrong advised that due to the lateness of the
season, it may be necessary for additional work to be undertaken in the spring of next year on the asphalt
surface applied on a portion of Rothesay Avenue where a construction contract was recently completed for the
City.
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that the joint letter from the City Manager and Commissioner of
Engineering and Works, regarding the letter from Mr. Robert A. Brodie with respect to parking regulations on
the east side of Wentworth Street between St. James and Queen Streets, advising that this specific regulation
is a one-hour parking regulation between 8:00 a.m. and 10:00 p.m. and was enacted by Council on July 21st,
1980, the general reasoning behind the change is that there is a mixture of residential and commercial/industrial
526
Snow removal
'Peti tion
\Ragged Point Rd
Chipsealing
'Tenders accepted
'Demoli tion
'Prop: 70 Canon St
'Master Enterprises L
City Solicitor
Agreement
Garbage collection
'E, Ferguson
Union
Local #18
Union
Contracting Out
I
,
business in the area, however, in reviewing Mr. Brodie's complaint, it would appear appropriate that in;
some of these areas where there is a mixture of. residential and commercial/industrial business, that I
there be a further separation which would limit the one-hour parking between the hours of 8:00 a.m. and' '
5:00 p.m., which would allow parking for the businesses and at the same time allow for evening and night .'
parking for the residents; and noting that should this idea meet with favour with Council, it is not i
intended to change all residential areas, for example, in the uptown area, where the 10;00 p.m. restricfi
tion would continue -- be received and filed and the Legal Department be requested to prepare the proposed
amendments to the.Traffic By-Law in this regard. :
I
,
on
I
I
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor regarding Council's
,
request of November 24th last that .the Legal Department prepare an agreement respecting the provision of
a garbage collection service by Mr. .Edmund Ferguson to the western area of the City, with the agreement I
to specify that such service was to be provided by Mr. Ferguson at a rate of $24.00 per unit, subject '
,
however to a fuel adjustment clause; advising that the agreement was. submitted to Council at its December
1st meeting but was tabled for examination, and that the agreement contains policy adopted by Council I
and it is in order for Council to authorize execution -- be received and filed and authority be grantedl
for the Mayor and Common Clerk to execute the said agreement on behalf of the City. I
I
I
I
I
,
,
Mr. McDermott agreed to obtain information from other municipalities .regarding restrictions
on-street parking to facilitate snow removal operations.
On motion of Councillor Elliot
Seconded. by Councillor MacCallum
RESOLVED that the joint letter from the City Manager and
Commissioner of Engineering and Works, regarding a petition received by Council on August 18th, 1980 i
requesting chipsealing of Ragged Point Road, advising that the Engineering.Department has estimated that
to upgrade this 5300-foot long gravel road, the necessary ditching, grading and culvert work, would cost
approximately $50,000.00; and recommending that this'project be added to. the 1981 capital program for I
Council'.s consideration, and that the residents of Ragged Point Road be so advised -- be received and l
filed and the recommendation adopt.ed. .
. ... , I
Read a letter from the City Manager, dated December 8th, 1980, regarding tenders for demolition
of City-owned property located at 70 Canon Street, advising that following. the tender opening, the
submitted letter was received from Grove Construction Ltd., the low tenderer, withdrawing their tender,
and therefore recommending that the tender of Master Enterprises Ltd. be accepted.
On motion of Councillor M. Vincent
Seconded by Councillor Gould .
RESOLVED that as recommended by the City Manager, the second low
tender received, namely, that of Master Enterprises Ltd., .in the amount of $2,298.00, be accepted for
.demolition of City-owned property located at 70 Canon Street.
(Councillor Landers withdrew.from the meeting due to a possible conflict.of interest with
regard to the next matter to be considered).
On motion of Councillor Gould
Moved in amendment by Councillor Elliot
words
Seconded by Councillor MacCallum
RESOLVED
"rate of $24.00" wherever they appear in the
annum" be added following the
that the words "per
above agreement.
(Councillor A. Vincent entered the meeting)
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried with the Mayor voting "nay".
regarding
Consideration was given to a letter from the
the contracting out of services by the City.
I
I
I
I
I
received:
I
I
,
Civic Employees Local Union. No. 18, C.U.P.E.
Councillor Knibb proposed a motion, which was not seconded, that the above letter be
and filed and the Union be thanked for their interest in this matter.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Civic Employees Local Uniob
,
No. 18, C.U.P.E., advising that in conjunction with the National Task Force on Contracting Out, the said
Union is in the process of preparing a brief outlining the "contracted out" services of the City of I
Saint John, explaining examples of where the City could provide the same service through its own employees
and equipment better and cheaper than the contractor who has to make a profit off the service at the I
taxpayers' expense, referring to the contracting out of garbage removal in zones 1 and 2, and requesting
that the said service, and any other service which the City can provide, be. held in abeyance until suchl
time as the said Union can present its Brief, and requesting an. appearance before Council to present !
their position -- be received and filed and the said Union be given an opportunity to present the said '
brief to Council.
The question of whether the above matter is the subject of present contract negotiations
between the above Union and the City. was considered.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED
pending a report from the City Manager.
i
that the above matter be laid on the table for one week,
Question being taken, the taoling motion was adopted with the Mayor and Councillors Gould
A. Vincent yoting Hnayll.
(Councillor Landers re-entered the meeting)
""!ll
I
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.
Ir
.i
I;
Ii
I
i
andl
,
.
...
,...
.'
5'27
. Plan. Adv. Com
Andrew Keating
'Subdivision
I
Ruby Wills
"Lorneville Rd
Subdivision
Land Committee
Prop: 3-S Cranst
\E~~~'A. Leonard
Turner
I North/South
'Arterial
Land Committee
Prop: Walnut St
Beech St, Hi 11
Moosehead Brewer
, ies Ltd
Eas emen t
,
. Land Committee
Prop: 314 Green
head Rd
, Geo. E. Totten
Church Ave Over
\ pass
Land Committee
Prop; Fairvale
Blvd.
'Quigg Motors
I
Land Committee
" Bathurst Paper
Limited
. Land Committee
Prop: Dever Rd
\Bathurst Paper
Ltd
'Church Ave Over
pass
I,
Col. F. J. Ellio
. N. B. Sports Hall
'- of Fame
,
Counc. Ell iot
I'Shamrock Realty
Co.
,Scottish Enter-
prises Ltd.
Conflict of
Interest
. Canada Summer
Games
'0 -:
Pool
Sportsplex
~
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council waive its policy respecting the payment of $1,000. in the case of the present subdivision application
by Mr. Andrew Keating for property on Keating Road, South Bay.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED.that as recommended by the Planning Advisory Committee, Common
Council assent to the subdivision plan of Ruby Wills, Lorneville Road, with respect to land for public purposes,
i.e., 10 metre wide storm drainage facility.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the portion of
nproperty at 3-5 Cranston Avenue required for the North/South Arterial, as shown on the submitted plan, be
acquired from the Estate of A. Leonard Turner for the price of $28,000.00, and that the Mayor and Common Clerk
be authorized to execute any and all documents required to complete this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the portions of
Walnut Street, Beech Street and Hill Street, shown on the submitted plan, having an area of approximately
t35,660 square feet, be sold to Moosehead Breweries Ltd. for the sum of $62,500.00 and that Moosehead Breweries
Ltd. be responsible for any and all expenses in connection with this sale, which is to be contingent upon the
brewery granting the easement required by the Engineering and Works Department.
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, the City purchase
approximately 580 square feet of property at 314 Greenhead.Road, as shown on the submitted plan, from Mr.
George E. Totten for the price of $1,835.00, such property being required for construction of the Church
Avenue Overpass, and that the Mayor and Common Clerk be authorized to execute any and all documents pertaining
to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, authority be granted
for the sale of land on Fairville Boulevard, as shown on the submitted plan, comprising approximately four and
one half acres, to Quigg Motors Ltd. upon the following terms: (a) purchase price to be calculated at $16,000.00
per acre; (b) the City shall convey to Quigg Motors Ltd. a 50-foot wide right-of-way leading from Fairville
Boulevard to the northern boundary of the C.P.R. spur line shown on the submitted sketch; (c) Quigg Motors
Ltd. shall be responsible for the construction of a roadway upon the right-of-way and for acquiring permission
from C.P.R. to cross the spur line; and (d) conveyance shall be subject to normal adjustments.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Land Committee regarding the purchase
of property from Bathurst Paper Limited be added to the agenda and considered at this time.
"Eay".
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne voting
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of property on Dever Road and Church Avenue, shown as Parcels "A" and "B" on the
submitted map, from Bathurst Paper Limited, for the price of $46,300.00, such property being required for
construction of the Church Avenue Overpass, and that the Mayor and Common Clerk be authorized to execute any
and all documents pertaining to this transaction.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that as recommended by Mayor Lockhart, Common Council
support the nomination of Lieutenant Colonel F. J. Elliot to the badminton section of the New Brunswick Sports
Hall of Fame.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from Councillor G. Forbes Elliot, dated November
20th, 1980, noting that on June 3rd, 1977 he advised that since he was a director of Shamrock Realty Company,
he would neither take part in any discussion or vote on any matters in which this company or its affiliated
companies were involved; advising that recently as the result of a company reorganization, Shamrock Realty
Company's business is now carried on by Scottish Enterprises Ltd., Shamrock Truss & Components Ltd. and
Shamrock Construction Ltd., and he shall therefore not be involved in discussion or vote at Common Council On
any matters pertaining to these companies, be received and filed.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the City of Saint John make available to the Saint John
Canada Summer Games Committee the necessary funds to properly research and study the feasibility and practicality
of making the pool complex and the Sportsplex all One facility.
Councillor Landers stated that he proposed the above motion as at the last meeting he asked if the
$50,000.00 allotted to the Canada Summer Games Committee for a study regarding the swimming pool complex,
included studying the possibility of incorporating the Sportsplex in such a facility, as was previously agreed
528
"""lIIIl
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re-zoning
'Thomas B. Drummie, Q
,Canadian Tire Corp.
Ltd
Prop: 885 Fairville
Blvd
Mun. Plan By-Law
re-zoning
'Olsen's General Stor
Garden Centre
\ Grant
'Interprovincial
Home for Women
\ Band Parents Assoc
'Gran t
\.
Liquor Licenses
Rex Piazza Rest. Lt
Committee of Whole
by Council, and he was told this was not within the guidelines laid down by the Federal Government, and'
therefore this item could not be included in the cost-shared study. Several Council members referred to
,
the fact that a sportsplex facility would require sufficient land for parking requirements, and must
have easy access to the Throughway, and therefore it would not be feasible to have such a facility in
the uptown area, where the City is committed to locating the swimming pool facility. . Councillor Wayne
expressed the opinion that a facility for the performing arts, etc. should be considered rather than a '
sports facility, and she also expressed concern with the City proceeding with such a facility in view of
the City's commitments for capital projects. Councillor A. Vincent .stated.he believes there is over 18,
acres of land in the area from Stone Church to Dock Street which might be suitable as a site for both
facilities. He asked that staff provide Council with" information regarding land available in this area.
The Mayor stated he will contact the Federal Government to ascertain if this matter could be included
under the terms of reference for the Canada Summer Games Committee, and if a negative reply is received;
he will obtain an estimate of the cost of the study proposed. by Councillor Landers. '
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the above matter be laid on the table for one week
pending additional information to be obtained by the Mayor and/or City Manager for the next Council
meeting.
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
On motion of Councillor A. Vincent
I
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RESOLVED that the letter from Mr. Thomas B. Drummie, Q.C., regarding
Cthe application of Canadian Tire Corporation Limited for the re-zoning of property at 885 Fairville :
Boulevard, which matter. is scheduled for public hearing by Common Council on December 15th, 1980, requesting
that the proposed by-law to re-zone the said property be given first and second readings by Council at I
its meeting on December 8th, for the reason as outlined, so that final reading could be given on December
15th, provided no objections are received and upheld; and advising that it is his opinion that a by-law'
would not be considered enacted until third reading and that accordingly it would be permissible under
the legislation to give first and second reading prior. to the public hearing -- be received and filed:
Seconded by Councillor Gould
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AND FURTHER that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City ofl
Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to reclassify a
3.6 acre parcel of land with a frontage of 350 feet on the southern side of Fairville Boulevard, known
as civic number 885 Fairville Boulevard (L.R.I.S. Number 032813) from Light Industrial to District
Centre Co~ercial, be read a first time.
Councillor Landers stated that while he realizes it is legal for Council to take the above
action, he feels it is against present Council policy and. should not be changed at the request of an
individual, but should be considered by Council as a policy matter. Councillor Wayne suggested that as
such action saves citizens one week in the re-zoning process, Council should consider taking this
approach in all re-zoning matters. She suggested. that. the City Manager and staff should submit a
.recommendation to Council in this regard.
Read a first time the by-law entitled, "A Law to Amend the. Municipal Plan By,-Law of the City
of Saint John and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Counclllor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto",- insofar as it concerns re-zoning a 3.6 acre
parcel of land with a frontage of 350 feet on the southern side of Fairville Boulevard, known as civic
number 885 Fairville Boulevard (L.R.I.S. Number 032813) from "I-4" Heavy Industrial Park to "B_2"
General Business classification, be 'read a first time.
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Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto". .
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that .the request of Olsen's General Store for permission
to erect a dome-shaped building within the existing fence structure at the. City side of their building
at 1233 Loch Lomond Road, which is required to eliminate losses due to rain and wind damage at their
garden centre, be referred to the Planning Department for a report and recommendation.
On motion of Councillor Elliot
I
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the nterprovlncla
of facilities,
Seconded by Councillor Wayne
RESOLVED that the request of the
Home for Women, for financial assistance either in the form of a grant
be referred to the.grants committee.
Support Group of
of the provision
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the request of the Band Parents Associa~ion of
School District Number 20, for a grant of $1,000.00 to assist in having the various bands attend local,
regional and other competitions, be referred. to the grants committee.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the notice from the Liquor Licensing Board advising
that the application of Rex Piazza Restaurant Ltd. for a restaurant license regarding premises at 186
Union Street.will be heard by the Board on December 12th, 1980, be received and filed.
Councillor A. Vincent noted that as previously stated, he will not be attending Committee of
the Whole meetings of Common Council due to .the reported "leaks" of information from such sessions to
the news media, and he asked if Council members not attending such meetings could be apprised of infor-
mation discussed at such meetings, specifically the .setting of dates for meetings, such as the budget
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.52JJ
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LEGAL SESSION
I
'Potash Terminal
City Solicitor
National Harbour
':.Board
I
Prop: 71 St. Jam
St
'H. Coughlan, Jr
IDilapidated bldg
.
\ Donald H. Gilli
'First L.D.H. Lt
City Solicitor
I
City Solicitor
, Nick Halavrezos
.
I
Land Committee
Rent arrears
Property, city-
owned
I
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meetings. It was agreed'that when any member of Council is absent. from a Committee of the Whole session,
decisions which involve the setting of dates for meetings will be communicated to the said Council members.
Councillor A. Vincent referred to the lack of office space for Council members as the office adjacent to the
Mayor's Office is now occupied, and the Mayor advised that two offices for the use of Council members have been
provided in the City Manager's Office.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that this.meeting.continue, in legal session.
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councilior M. Vincent
RESOLVED that the letter from the City Manager regarding the question
raised at Council's meeting of May 20th, 1980 with respect to re-zoning the area of the proposed potash terminal
which is to be reclaimed from the sea, submitting an opinion from the City Solicitor which indicates that re-
zoning will not be necessary until such time as the National Harbours Board enters into leases with private
developers, be received and filed.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the letter from the Building Inspector regarding remedial ,
swork recommended to Council on October 20th last, and adopted by Council, with respect to property located at
71 St. James Street, advising that a demolition permit for the garage was taken out by Mr. H. Coughlan but the
work has not been completed and none of the other remedial work has.been completed, although the masonry work
was not to be started until spring; and further advising that the property has been sold to a Mr. Gerald Patrick
Thibeault and the new owner has been served with notice to complete the remedial work and has been given two
weeks to do the work, and at that time the property will be reinspected and the appropriate action taken -- be
received and filed.
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that the letter from Mr. Donald.M. Gillis, Q.C. to the City
Manager regarding First L.D.H. Ltd., advising that since his letter of October 27th last he has had a lengthy
discussion with the City Solicitor and has reviewed with him his opinion as expressed previously; noting that
Mr. Rodgers is of the firm opinion that the City can legally pay the arrears of taxes on the property owned by
First L.D.H. Ltd. and Mr. Rodgers also suggests that the procedure of making. such payments would be to increase
the principal amount of the second .mortgage presently held by the City of Saint John; and further advising that
under the circumstances he would be inclined to suggest that the City should accept and follow the advice of
the City Solicitor.-- be received and filed and the advice of the City Solicitor be .accepted in this regard.
Councillor Elliot, chairman of the Council committee appointed to examine the housing project of
First L.D.H. Ltd. advised that the committee will be proceeding to make arrangements with the appropriate
Provincial officials for payment of the outstanding real property taxes on this project.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor regarding Council's
request of November 17th last for a report from the City Manager with respect to the claim of Mr. Nick Halavrezos
who resides at 36 Richmond Street, advising that in view of the fact that Some of the correspondence relating
to this matter may involve the legal liability of the City, he is examining the correspondence as it is pre-
pared with a view to deciding how much of the material, if any, should be presented to the open session of
Council, and that a matter which has not been finalized is his further review of the case with Mr. John Barry,
Q.C., solicitor for the Commercial Union Assurance Group, and the points he is discussing with Mr. Barry should
be settled within a few days and the full report will be presented at the Council meeting of December 15th,
1980 -- be laid on the table pending a further report from the City Solicitor.
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
(Councillor MacCallum withdrew from the meeting due to a possible conflict of interest with regard to
the next matter to be considered).
On'motion of Councillor Elliot
Seconded by Councilor Landers
RESOLVED that as recommended by the Land Committee, the City Solicitor
or his designate be authorized to take whatever legal action is necessary to recover the arrears in rent with
respect to the various tenancies in the City-owned building known as 46-54 Princess Street.
On motion
The meeting adjourned.
~-
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifteenth
day of December, A. D. 1980, at 7.00 o'clock p.m.
present
A. R. W. Lockhart; Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
530
....,
Agreement
Garbage collection.
E. Ferguson
Christmas music
U.N.B.S.J.
Mun. Plan By-Law
Prop: 131 Beacon St
M: ?;, Barriauilt
Peti tion
Lloyd D. Ginn
Plan. Adv. Com.
Mun. Plan By-Law
Prop; Hickey Rd
"Dante Forriere
Plan. Adv. Com.
re-zoning condition
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, M. Zides, Commissioner of Community. Planning
and Development, M. Winch, Deputy Commissioner of Community Planning, J. C.
MacKinnon, Commissioner of Engineering. and Works, S. Armstrong,.Deputy
Commissioner of Engineering, C. E. Nicolle, Director of Recreation and
Parks, J. F. Ross, Chief of Police, D. French, Director of Personnel,
G. Soucy, Labour Relations Officer, J. Johnson, Building Inspector,
B. Gale, Plumbing Inspector, K. Galbraith, Administrative Assistant to
the Mayor, and R. Adams and T. Shuve of the Real Estate Department
Councillor Elliot offered.the opening prayer.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held.
on December 8th last," be confirmed.
Referring to the agreement approved at. the last. Council meeting between the City and Mr. E.
Ferguson for garbage collection, Councillor Wayne ask~d if the said agreement.has been executed on
behalf of the City, and if not, why such execution has not taken place. Mr. Rodgers replied that he
would have to obtain that information.
The Mayor stated that during the past week, on behalf of the Common Council, he had the privilege
of extending best wishes to Mr. C. N. Wilson on his 85th birthday. He noted that Mr. Wilson is a Freem~n
of the City of Saint John.
The Mayor announced that. a program of Christmas music will be presented by the U.N.B.S.J.
Singers.and Brass Ensemble, under the direction of Mr. Walter Ball, on Monday, December 22nd, 1980 at
3.30 p.m., prior to.the regular Council meeting.
.
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The Mayor reported that there will be no Council meeting on Monday, December 29th, 1980. I
The Common Clerk advised that the necessary advertising was completed with respect to altering .
the status of a lot on.the eastern side of Beacon Street, known as civic number 131 Beacon Street (L.R.I.S.
Number 347666), by: (a) amending Schedule 2-A, the Future .Land Use Plan of the Municipal Development I
Plan to designate the property as Light Industrial from its current High Density Residential designatiop,
and. (b) re-zoning the said property from "R-2" One- and. Two-Family Residential to "I-l" Light Industrial
classification, to permit the operation of an auto.body repair shop, as requested by Mr. and Mrs. M. S.
Barriault, and that a petition signed by 47 area residents. against. the re-zoning of the. said property
has been submitted by Mr. Lloyd D. Ginn, 125 Beacon Street.
Consideration was given to the letter from the Planning Advisory Committee, dated .December
4th, 1980, which advises that the Committee agrees with the concerns. raised by those in opposition
(inclUding property devaluation, increased traffic, noise, dust from sanding operations, and increased
risk from fires), and the issues. identified by staff, and. recommends that this industrial re-zoning in a
residential area.and therefore recommends that the application not be approved.
Mr. Lloyd Ginn was present at the meeting and asked Council to accept the recommendation of
the Planning Advisory Committee, and to respect the. wishes of. the majority of the area residents, and
not approve the re-zoning of the said property. He stated that the residents feel this is a very poor
location for this type of business, and would have no benefit to the area.
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that as .recommended by the Planning Advisory Committee,
the application of Mr. and Mrs. M; S. Barriault for the re-zbning of property at 131 Beacon Street not
be approved.
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Councillor Landers noted that the said business has operated at this location for quite some .
time, and on being informed by the City's By-Law Enforcement Officer that the operation was illegal, the
owners applied to have the property properly re-zoned.
Question being taken, the. motion was carried with Councillor Landers voting "nay".
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee,
and the petition from area residents, regarding the above. matter, be received and filed.
(Councillor Elliot withdrew from the.meeting due to a possible conflict of interest with
regard to the next matter to be considered).
The Common Clerk advised that the necessary advertising was ~ompleted with respect to alterirlg
the status of a 2.4 acre parcel of land located on the southern side of Hickey Road, next to Little I
River (L.R.I.S. Number 55007058), by: (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal
Development Plan to designate the proPerty as District Centre Commercial from its current Low Density
Residential designation, and (b) rezoning the said property from "RS-2" One- and Two-Family Suburban
Residential to "B-2" General Business classification; and (c) adding to Part XV of the Zoning By-Law,
"roller skating rink" as a permitted use, to permit the construction of a roller skating facility of I .
approximately 20,000 square feet, as requested'by Mr. Dante Forriere, and that letters of objection have
been received from the following persons; Janet and William Price, 1350 Hickey Road; Etta and Earl I
Bruce, 1358 Hickey Road; Mr. and Mrs. A. Todd; Lila Shillington, 1197 Loch Lomond Road; Elizabeth, I
George, Greg and Wanda McFarlane, 1666 Hickey Road; and Gladys D..and Eugene Howard. No persons were
present with respect to the proposed amendments. I
I
Consideration was given to the letter from the Planning Advisory Committee, dated December I
4th, 1980, which recommends that the application be approved in accordance with the following recommen-I
dations contained in the staff report dated October 7th, 1980, namely: (1) that an approximately 2.4
acre parcel of land known as L.R.I.S. Number 55007058 be redesignated on Schedule 2-A of the Municipal
Development Plan from Low Density Residential to District Centre Commercial; (2) that the subject site
be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business, subject to a
resolution of Common Council pursuant to Section 39 of the Community Planning Act providing for: (a) the
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. Mun Plan By-La
'Prop: 185 Golde
Grove Rd
Douglas E. Mitt
\
Plan. Adv Com
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re- zoning
Prop: 185 Gold
Grove Rd
\D. E. Mitton
.
...
suoject parcel of land oe restricted in use to a roller skating facility; (b) that plans indicating location
of building; design and construction of building, areas to be filled, driveways and parking, landscaping and
signage be submitted and approved by the Deputy Commissioner of Community Planning before building permits are
issued; and (3) that Part XV, Section 108A(1) be amended by adding "(j) roller skating rink" as a conditional
use.
The Common Clerk advised that he received a telephone call this date from Mr. Forriere advising that
as the option to purchase the property has expired, he wished to withdraw the re-zoning application under
consideration. He stated he informed Mr. Forriere that such request. should be made in writing to the Common
Council, however, no such request has been received at this time.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the above matter be laid on the table pending written
confirmation from the applicant that he wishes to withdraw the said re-zoning application.
In reply to a query of Deputy Mayor M. Vincent, Mr. Rodgers.advised that as the public hearing
regarding the proposed amendments has now been held, it is Council's prerogative to act as it wishes regarding
the application, and the proposed tabling motion is proper.
Question being taken, the motion was carried with Deputy Mayor M. Vincent voting "nay".
Councillor Landers asked that the Fire Department continue its investigation into problems encountered
with the electrical system in the building presently located on the property which is the subject of the above
re-zoning application.
(Councillor Elliot re-entered the meeting)
At the request of Deputy Mayor M. Vincent, it. was agreed that the study on roller skating rink
locations, which had been forwarded to Council as an information item at this meeting, would be brought
forward when the above re-zoning matter is again considered by Council.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of the western portion of a parcel of land identified as civic numoer 185 Golden Grove Road (L.R.I.S.
Number 312116), by: (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development'Plan to
ndesignate the property as Low Density Residential from its current Light Industrial designation, and (b) re-
zoning the said property from "I-l" Light Industrial to "RS-2".One- and Two-Family Suburban Residential
.classification, to permit expansion of the existing residential building, as requested by Mr. Douglas E.
Mitton, and that no written objections were received in this regard. No persons were present with respect to
the proposed amendments.
Consideration was given to the letter from the Planning Advisory Committee, dated December 4th,
1980, which advises that the Committee has been advised by the Legal Department that the existing three-unit
dwelling might not conform to the Zoning By-Law even if the re-zoning is approved, and the Committee recommends,
subject to the Legal Department being satisfied that the existing three unit dwelling will conform to the
Zoning By-Law, that the westerly portion of the subject property be redesignated in the Municipal Plan from
Light Industrial to Low Density Residential and re-zoned from "I-l" Light Industrial to "RS-2" One- and Two-
Family Suburban Residential.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify the western portion of a parcel of land identified as civic numoer 185 Golden Grove Road (L.R.I.S.
Numoer 312116) from Light Industrial to Low Density Residential, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor.Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan
to reclassify the western portion of a parcel of land identified as civic number 185 Golden Grove Road (L.R.I.S.
Number 312116) from Light Industrial to Low Density Residential, be read a second time.
Read. a second time the by-law entitled, "A Law to Amend the Municipal Plan ByLaw of the City of
Saint John and Amendments Thereto".
It was noted that the Legal Department would be reporting to Council on the matter referred to in
the above letter from the Planning Advisory Committee, prior to third reading being given to the proposed
amendments.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the western portion of a
nparcel of land identified as civic number 185 Golden Grove Road (L.R.I.S. Numoer 312116) from "U" Light
Industrial to "RS2" One- and Two-Family Suburban Residential classification, be read a first time.
Read a first time the by-,law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the western portion of a
parcel of land identified as civic number 185 Golden Grove Road (L.R.I.S. Number 312116) from "I-l" Light
Industrial to "RS-2" One- and Two-Family Suburban Residential classification, be read a second. time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
532
"
Mun. Plan By-Law
Prop: Fairville Blvd
\ Can. Tire Corp'i~ Ltd.
Plan, Adv. Corn.
re-zoning
Prop: Fairville Blvd
'Can. Tire Corp., Ltd
re-zoning
conditions
Zoning By-Law
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regarding the above proposed amendments, be received and filed. I
The Common Clerk advised that the necessary advertising was completed with respect to altering!
the status of a 3.6 acre parcel of land with a frontage of 350 feet on the southern side of Fairville I
Boulevard, known as civic number 885 Fairville Boulevard (L.R.I.S. Number 032813), by (a) amending
Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan to designate the property as
District Centre Commercial from its current Light Industrial designation, and (b) re-zoning.the said
property from "I-4" Heavy Industrial Park to "B-2" General Business classification, to permit conversion,
of the existing building to a Canadian Tire store with. related. service and warehouse space, as requested
by Canadian Tire Corporation, Limited, and that no written objections were received in this regard. No I
persons were present with respect to the proposed amendments. It was noted that.the proposed amendments
had been given first reading at Council's meeting of December 8th last.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory.Sommittee
.
I
Consideration was given to~the letter from the Planning Advisory Committee, dated December
4th, 1980 which recommends that the subject property be re-designated in the Municipal Plan from Light
Industrial to District Centre Commercial and be re-zoned from "1-4" to "B-2", pursuant to Section 39 of
the Community Planning Act and a detailed site plan to be approved by the Deputy Commissioner of 'Community
Planning.
I
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify a 3.6 acre parcel of land with a frontage of 350 feet on the southern side of
Fairville Boulevard, known as civic number 885 Fairville Boulevard (L.R.I.S. Number 032813) from Light
Industrial to District Centre Commercial, be read.a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City .
of Saint John and Amendments Thereto".
On motion of Councillor ~nibb
Seconded by Councillor Green I
. RESOLVED that the..by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify a 3.6 acre parcel of land with a frontage of 350 feet on the southern side of I
Fairville Boulevard,.known as civic number 885 Fairville Boulevard (L,R.I.S, Number 032813) from Light I
Industrial to District Centre Commercial, be read a third time and enacted and the Corporate Common Seal
affixed thereto.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
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On motion of Councillor MacCallum
Seconded by Councillor Knibb .. .1
RESOLVED that the by-law~entitled, "A Law to Amend the Zoning By-.
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a 3.6 acre I
parcel of land with a frontage of 350 feet on the southern side of Fairville Boulevard, known as civic
number 885 Fairville.Boulevard (L.R,LS. Number 032813) from "I-4" Heavy .Industrial Park to "B-2" I
General Business classification, subject to a resolution of Council pursuant to Section 39 of the
Community Planning Act, providing that a detailed site plan shall be approved by the Deputy Commissioner
of Community Planning, be read a second time. I
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto". I
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Byj-
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On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that the by.,.law entitled, "A Law to Amend the Zoning
Law of the City of Saint John.and Amendmeqts Thereto", insofar as it.concerns re-zoning a 3.6 acre
parcel of land with a frontage of 350 feet on the southern side of Fairville Boulevard, known as C1V1C
number 885 Fairville Boulevard (L.R.LS. Number 032813) from "I-4" Heavy Industrial Park to "B-2"
General Business classification, be. read a third time and enacted and the Corporate Common Seal affixed
thereto: I
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AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be
subject to a detailed site plan being approved by the Deputy Commissioner of Community Planning.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter
regarding the above proposed amendments be received and filed.
I
from the Planning Advisory CommittJe
I
The Common Clerk advised that the necessary advertising was completed with respect to amending
the text of the Zoning By-Law to provide that subsection (2) of Section 146A shall not apply when adja~ent
zoning occurs subsequent to the enactment of the Zoning By-Law for the City of Saint John dated NovembJr
14th, 1977, and that no written objections were received in this regard. No persons were present withl
respect to the proposed amendment.
It .was noted that by letter dat~d October 8th, 1980, the Planning.Advisory Committee had
recommended the enactment of the proposed amendment, which will remove the restriction that certain
industrial uses may not be located within 500 feet of other zones.
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533,
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\ Sal vage Corps
. Fire Police
Kenneth Briggs
G. Campbell,
D. Campbell
Wm Woodhouse
Murray White
Don Williams
Progress
Payments
, Chain Link Fenci
, Gillis Co. Ltd
~
.1
Hazen Creek Sewa e2.
"Treatment Plant
\ Simpson Const Lt
.
\
G!l10ve Const Ltd
I
, A. J. Vermeulen
North End Urban
, Renewal Schene
I
~ Flooding
, Ian St
. Champlain Hgts
River Road
, Ratepayers Ass
, Speed limits
ll...
O' i '''' u. OnJmotion,'of', Councillor. Elliot
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John. and Amendments Thereto", to provide that subsection (2) of Section 146A shall not apply
when adjacent zoning occurs subsequent to the enactment of the Zoning By-Law for the City of Saint John dated
November 14, 1977, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto". ..C.. i. :1:1
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", to provide that subsection (2) of Section 146A shall not apply
when adjacent zoning occurs subsequent to the enactment of the Zoning By-Law for the City of Saint John dated
November 14, 1977, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed amendment be received and filed.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the joint letter from the City Manager and Fire Chief,
submitting a letter received from Number 2 Company, Salvage Corps and Fire Police, requesting that the warrants
for the fOllowing persons be cancelled: Kenneth Briggs, Gerald Campbell, David Campbell, William Woodhouse,
Murray White, and Don Williams; and recommending that the request be complied with -- be received and filed
and the recommendation adopted.
:~. r.~
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificates, namely:-
1.
g
Chain Link Fencing 1979
The Gillis Company Limited
Supply and installation at various sites
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated December 6, 1980 Final Holdback Release
3,510.50
$
23,460.15
23,403.30
Nil
19,892.80
$
Hazen Creek Sewage Treatment Plant
Simpson Construction Ltd.
Construction of sewage treatment plant
Original estimated value of contract
Total work done, Estimate Number 18
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 8, 1980 Partial Holdback Release
$ 1,598,750.00
1,591.393.71
2,000.00
1,559,393.71
18,
$ 30,000.00
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
Grove Construction Ltd. - supply of gravel November.3-18, 1980 $ 6,054.35
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager and Deputy Commissioner
of Housing and Renewal Services, submitting accounts from A. J. Vermeulen for professional services rendered
in connection with the North End. Urban .Renewal Scheme, be received and filed and authority be granted for
payment of the said accounts, as follows, Partnership's approval for payment to be ratified at the next
meeting of the Co-ordinating Committee, namely:- dated January 31, 1980 for services rendered in December 1979
and January 1980 - $10,226.93; dated February 29, 1980 for services rendered in February 1980 - $4,214.82;
. dated March 31, 1980 for services rendered in March 1980 - $226.43; dated September 30, 1980 for services
rendered in September 1980 - $2,100.00; and dated October 31, 1980 for services rendered in October 1980 _
$2,950.00.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager advising that the following
unfinished and referred items which were before Council over the past several months have now been dealt with,
as follows; (1) Flooding, Ian Street, Champlain Hei~hts - The matter was reported on verbally by the Commissioner
of Works to Council at the time, to the effect that the .problem had been resolved; (2):River Road Ratepayers
Association, Speed Limits - The Association asked Council what consideration was being given to the inauguration
of a 50 km/hr speed limit from Acamac Beach Road to the Martinon cut-off along the River Road; advising that
CSpeed limits on this Provincial highway, Route 102, come under the jurisdiction of the Provincial Department
of Transportation; the speed limit on this highway was reviewed at the request of the City only a short time
ago, and some changes were made; there have been no substantial changes in population, pedestrians, or traffic
since that time, and so no consideration is being given at the present time. to. inauguration of a 50 km/hr
speed limit as requested, but the Province will continue to do routine monitoring of the situation; ..(:~) Environ-
s:u
Environment Com
"-
Hilyard St Extn.
Petition
Eliz. A. Cann
, Brookville
, Torryburn
sidewalks
J?y. -,L'lw
-.- ~ d. .
\Flood RISk Area
, C.N.R.
\ Goodyear Tire
\
Marsh Creek
Water & Sewer Rate
"-
. By~Law
Currie, Coopers &
"- Lybrand
Study
\ I rving Pulp^'&. Paper
water arrears
" ..,
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ment Cbmmitteere various by-laws - The Committee suggested to Council that the Dangerous and Unsightly I
Premises By-Law, the Minimum Standards By-Law, and the 1925 Building Act, be consolidated to give I
clearer enforcement powers and also more authority to enforce landscaping, and while their suggestion :
appears to be good in principle, it is somewhat impracticable in application; in practice, the by-laws ,
and the 1925 Act cover different aspects of property maintenance, under different legislative authoritY'I'
and the method used for enforcement will depend on the.problem being dealt with; and (4) Hilyard Street
Extension - Council tabled a report on progress being made with this project pending further discussions
with CN and CP; discussions were subsequently held with the Vice-Presidents of CN and CP; detailed I
engineering plans have subsequently been prepared showing the property requirements and the effect on
railway facilities, and these have been forwarded to CN and CP, and it is anticipated that negotiations
for land acquisition will be finalized in time to permit construction during the 1981 season -- be
received and filed.
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Seconded by Councillor Elliot I
RESOLVED that the joint letter from the City Manager and Commiss~oner
of Engineering and Works regarding the petition presented to Council on Oct.ober 20th, 1980 by Mrs. I
Elizabeth A. Cann on behalf of the residents of Brookville and Torryburn, which requested that the City
construct.sidewalks and make road improvements on Route 100 between the underpass at the end of Rothesay
Avenue and extending to the county line at Renforth, submitting a summary of the results of a meeting
held on September 25th, 1980 at the Brookville United Church Hall, and advising that the Engineering
Department provided design information on widening the road to 30 feet, plus concrete curbs, asphalt
sidewalks, storm sewer, including all excavation and backfill, allowing for easement(s), restoration,
pole relocation over a total length of approximately 8,000 lineal feet without any changes in the
vertical alignment, the.estimated cost of this project being $670,000.00; further alternatives will be
examined, however, it should be pointed.out that the curbs, sidewalks and storm sewer would be a direct
City. cost while the road widening, resurfacing, etc. would be Provincial funds and thus, may take from
the Designated Highway funds, which at the moment have been committed to the North/South Arterial and
then the Loch Lomond Road; and recommending that further alternatives be studied and the cost be pre-
sented to Council during capital budget consideration for 1981; and during this period further traffic
studies be implemented which would consider the effect the opening of the McKay Highway project has on
the Rothesay Road; and that further speed counts be made by the Police Department to assess the traffic/3c
speeding conditions -- be received and filed and the recommendation adopted: I .
Referring to several problems which had been expressed.by area residents at the meeting held with I
the residents, in addition to the problems cited in the above letter, Councillor Wayne stated that no I
answers have been received to these questions, which involved mainly maintenance problems in the area. I
Mr. MacKinnon advised that although he did not specifically answer the questions referred to by Councillor
Wayne, staff have looked at these problems; and that as he indicated at the meeting referred with the
area residents, his report to Council deals with upgrading the roadway and the installation of a side-
walk. The Mayor stated that the City Manager and Commissioner of Engineering and Works will prepare a
report for the next Council meeting on the matter raised by Councillor Wayne. I
On motion of Councillor Wayne .
. Seconded by Councillor Landers ... I
RESOLVED that the joint letter from the City Manager and CommisL
sioner of Community Planning and Development, advising that development as defined by the Flood Risk I
Area. By-Law is currently prohibited regarding Canadian National Railways and Goodyear Tire (as outlined
in the said letter), yet both situations are beneficial to the companies and the City; and therefore I
recommending that the Flood Risk Area By-Law be amended to provide for these and potential similarly I
beneficial developments within the normal floodway as prescribed by the By-Law, by: (1) designating
section 5 as subsection (1) of Section 5; and (2) inserting the following as subsection (2) of Section
5: "(2) Notwithstanding subsection (1), a development may be permitted where (a) such development will
not obstruct or interfere with the normal floodway or free flow of flood waters during a flood period;
and (b) it is to be carried out so as not to reduce the flood water capacity of the affected area." --
be received and filed and the recommendation adopted, and that the proposed amendment be referred to the
Planning Advisory Committee for a report and recommendation, and to the City Solicitor for review and
drafting of the proposed amendment.
On motion of Councillor Knibb
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In reply to a query of Councillor Wayne, Mr. Johnson advised that the work proposed by C.N.R.
is to remove the present bridge span entirely and to replace the present road access with a road paralrel
to the railway tracks, which partially encvoaches on the Marsh Creek area. Councillor Wayne asked tha~
the City Manager report to Council on the recommendation contained in the.Proctor Redfern report with I
regard to the McKay bridge, which also impedes the flow in the same manner as the C.N.R. bridge. Council-
lor A. Vincent asked that the City Manager prepare an up-to-date report for Council regarding plans fO~I'
an overpass in this area which will be reQuired for the proposed potash terminal.
On motion of Councillor Knibb I
Seconded by Councillor Landers I
RESOLVED that the joint letter from the City Manager, Commissioner
of Finance, and Deputy Commissioner of Finance, submitting the Water and Sewer Rate Study as prepared by
Currie, Coopers and Lybrand, which recommends a proposed increase in the water and sewerage rates which
are designed to balance the utility budget by the end of 1982; .advising that the last' increase in watef
and sewerage rates was over four years ago and the new rates will therefore represent the only revisiod
in a six-year period; further advising that steps will be taken to follow up the recommendations in th~
. Study which. have been made with respect to an apparent high level of unaccounted for water and on prepcir-
ation for future changes with respect to special contract customers; noting that the rates proposed byl
Currie, Coopers and Lybrand Ltd. are to be effective January 1; 1981 and for this reason Council should
proceed with the necessary readings of the by-law changes without delay; recommending that the report 6f
Currie, Coopers and Lybrand Ltd. entitled "Study and Update of Water and Sewerage Rates" be received arid
filed and its recommended rates be adopted, and that first reading of the proposed amendments to the I
Water and Sewer By-Law be given -- be received and filed and the recommendation adopted: :
AND FURTHER that the by-law entitled, "A By":Law to Aniend a By-Law Respecting Water and Sewer~ge"
be read a first time. I
I
Councillor Wayne asked that the City Manager report on meetings which were to be held with t~e
Irving interests regarding arrears. Mr. McDermott replied that one meeting was held when the matter w~s
discussed, however, there was no progress, and after reviewing the recommendations of the audit group,'
he decided it wiser to wait until he had seen the report from the consultants, who decided it was not
possible based on the information they had, to collect the said arrears. Councillor Wayne referred to a
letter from Irving Pulp and Paper dated April .llth, 1980 whlch states that Mr. Irving wrote ~b the
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535
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\ Water & Sewerag
By- Law
I
H. W. Graham
Spruce Lake
, Ratepayers
Assoc.
. Rayruoni:i" GraveS
I Santa Claus
" Parade
Float
III Eastcan Consul-
, tants Ltd
Energy Conserva-
tion Study of
Municipal Blgds
. storm windows
...
Common Council on July 2nd, 1975 and advised that they did not agree at that time with the deficiency charge
and they did not agree with the water account and that it was in arrears, but that they would be pleased to
meet with Council and discuss the matter, and at that time no meeting was arranged. She stated she feels the
City Manager should have come back to Council, and then perhaps Council could have met with the Irving interests.
Councillor Wayne noted that the above report points out that the revenue from Irving Pulp and Paper Limited is
not even sufficient to reimburse the City for the costs incurred to supply the water, let alone transmit it to
the customer,. and that if the company paid current by-law rates, the City would increase its annual revenues
-'by over'$800;000:. 'The. Mayor stated..the.,position of the City should be fairly stated that we do not believe we
. have:' <ostrubli'shed' a case.:wherebyco,the City' can recover. addi tionabmonies ati this .point:: iW.time from the Irvings
on a legal basis. Councillor Elliot stated he waS impressed with the study carried out by the City's con-
sultants, and noted that the report recommends that the City renegotiate the contracts with special contract
customers as soon as possible to reflect current costs more closely.
Councillor Denton noted that the present twenty-year agreement with Irving will expire in two years,
and that in this contract, as well as those of other major users, will be renegotiated as they expire.
Councillo~Landers expressed the view that it is wrong for the City not to have taken legal action to ascertain
if some of the arrears could be recovered, even though the agreement has been in existence for eighteen years.
Councillor MacCallum stated that he, too, agrees that action..should have been taken by the City under the said
agreement, although such action should have been taken promptly and not waited eighteen years. Deputy Mayor
M. Vincent stated he agrees with Councillor Landers that all steps which could have been taken by the City
under the contract with Irving have not been taken, and that as he has in the past, he will be voting against
the increased rates as a matter of principle. Councillor Wayne referred to a Council resolution of April 8th
last which instructed the City Manager to enter into negotiations. with the Irving interests w;thin'90 days to
terminate the 1958 agreement, and to negotiate a new agreement. She asked that the Mayor obtain a report from
the City Manager on the meeting held as a reult of that Council direction. The M~yor stated he will see that
Council obtains such a report, and. that steps be taken to have our legal position in this matter reviewed.
Councillor A. Vincent stated that he will oppose the motion as there are instances where citizehs have never
been billed for water and sewage services.
Question being taken, the motion was. carried with Councillors .A. Vincent, M. Vincent and Wayne
voting "nay".
Read a first time the by-law entitled, "A By-Law to Amend a By-Law Respecting Water and Sewerage".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting
Water and Sewerage" be read a second time.
"nay"
Question being taken, the motion was carried with Councillors A. Vincent, M. Vincent and Wayne voting
Read a second time the by-law entitled, "A By-Law to Amend a By-Law Respecting Water and Sewerage".
Councillor Landers proposed a motion that the necessary legal action be' taken to recover monies owing
to the City of Saint John under the agreement with the.lrving interests. The Mayor ruled the proposed motion
out of order, and noted that the City's legal position with regard to this matter will be reviewed and a report
brought back to Council.
Mr. H. W. Graham appeared before Council on behalf of the Spruce Lake Ratepayers Association and
presented a written submission regarding the request of the area residents for the installation of a sewerage
system in the area. Mr. Graham referred to the efforts of the residents in the past to have such a system
installed, and noted that on June 2nd, 1970 it was published in the local newspaper that a Provincial-Municipal
Agreement provided more than twelve million dollars for roads, water and sewerage, in Saint John, amongst the
projects listed, and funds approved at. that time, was for a sewer collector at Spruce Lake, but the project
was never built and the approved allocated funds went elsewhere. As spokesman for the Spruce Lake Ratepayers
Association, Mr. Graham stated he wished to personally ask on behalf of-the residents to have every consideration
given to their request to have a sewerage system funded in the 1981 Works budget, and for the work to commence
in the early summer of 1981.
'. ,"': c' Mr. . Raymond. :Graves ,:' a member of the Spruce Lake Ratepayers Association, briefly reviewed the problems
of the area residents, as outlined in the brief presented by Mr. Graham.
Following the presentation, the Mayor thanked the residents and advised that Council will render a
decision regarding their request, later in the meeting.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager regarding Council's
request to report on the cost of the float used by the City of Saint John in the Santa Claus Parade, advising
that the cost of the float amounted to .slightly less than $5,000.00, of which $2,000.00 was used to purchase the
flat bed (30-foot trailer), and the balance, slightly less than $3,000.00 was the cost of the display; further
advising that the Recreation and Parks Department was completely responsible for the design of the float which
received honourable mention in the Saint John Parade and received the award for the "Best Engineered Float" from
the City of Moncton, be received and filed.
On motion of Councillor Elliot
Seconded.by Councillor Landers
RESOLVED that the letter from the City Manager regarding the Energy
Conservation Study of Municipal Buildings prepared by Mr. Gerald Peer of Eastcan Consultants Ltd., submitting a
breakdown of the Eastcan recommendations ,.which shows recommended items amounting to approximately $75,000 to
provide annual savings in energy cost of $15,500 for a five-year payback in the total expenditure; also, a
program has been developed for Energy Conservation-Energy Management in the City of Saint John, which program is
designed to approach energy conservation in an organized manner and provide the losses for managing energy use
in the most economical way, and advising that the recommendations and program have been reviewed and approved by
the Energy Conservation Committee; and recommending that the submitted program for Energy Conservation-Energy
-Management.be adopted and.'.that' an amount of $75,000..be added to tlie capital budget to implement the recommen-
dations of the Eastcan Consultants report -- be received and filed and the recommendation adopted.
Councillor Elliot stated that he hopes when bids are being called for storm windows for City buildings,
that staff takes advantage of research undertaken by both the Canadian Consumer and American Consumer associa-
tions. Councillor Wayne expressed the opinion that any savings by the measures recommended by the consultants
will be spent at the building recently purchased by the City on Grandview Avenue, due to conditions at this
building. Deputy Mayor M. Vincent asked that the City Manager submit a complete report to Council at the next
meeting in this regard.
Read a letter from the City Manager furthe t th 1 tt f C .
roe e er rom ounclllor Green reQuesting changes to
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,Plumbing Trade By-La the existing Plumbing Trade By-Law, submitting a detailed explanation of the proposed changes in
contrast with.the existing By-Law and the reasons .for the proposed changes, and recommending that the
proposed changes to the existing Plumbing Trade By-Law.be given ~irst and second reading.
\
Counc. Green
'Gift of land
Prop: Belgian & Glen
Roads
,Rev. Allan H. Whit-
taker
\
Committee of Whole
Policy re Council
Members on~Committe s
C~
Nominating Com.
'Personnel Com.
'Eng & Works Com.
'Protection Com.
'1' 1 anning & Dev. Com.
'Economic Dev. Com.
Plan. Adv. Com.
Parks Adv. Bd.
Energy Conservation
Preservation Rev. Bd
Environment Com.
King St. West ASsoc
YisitoL &'.Conventio
Promotion Com.
'Financial Com.
'Audit Committee
(renamed)
'Land Committee
Counc. A. Vincent;
'H. Green," K. Gould
,R. Landers
Consideration,was also given to the letter from Councillor Green, Chairman. of the Master
Plumbers Examining Board, regarding amendments to the Plumbing Trade By-Law which were referred by
Common Council to the Legal. Department, advising that since that time the. Board has determined that an
increase in the fees charged under the by-law is in order. and recommends as follows.: (a) that the
examination fee be increased from. $25.00 to $50.00; (b) that the annual fee for a master plumber's
license be increased from $25.00 to. $50.00; and (cJ. that the fee for a plumbing trade license be in-
creased from $2.00 to. $10.00, and submitting the by-law amendment prepared by the Legal Department, I.
incorporating the changes dealt with by Council, as well as the fee structure changes described in the
said letter.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the above letters be received and filed:
AND FURTHER that the by-law entitled, "A By-Law Respecting the Plumbing Trade and Master
Plumbers" be read a first time.
Read a first. time the by-law entitled, "A By-Law Respecting the Plumbing. Trade and Master
Plwnberslt.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the offer
of a.piece of land located at the. intersection of the Belgian and Glen Roads to the City of Saint John,
by Reverend Allan H. Whittaker, be accepted, and Reverend Whittaker be thanked for this gift of land to
the City.
Councillor MacCallum asked that the City assume any legal or other costs incurred in the
transfer of the above property to the City.
Read 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
I
Your Committee begs leave to report that it sat on December 8th, 1980 when there were presentl
Mayor Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M. I
Vincent and Wayne, and your Committee submits the following recommendations, namely.:- I
1. That as recommended by the Nominating Committee, the following resolution be adopted, namely:L
. I
"WHEREAS it is a general policy of the Common Council of the City of Saint John to encourage more I
citizen participation. in the affairs of local government at the committee, commission and board level;
and
WHEREAS it is the desire of the Common Council of the City of Saint John to ensure that any com- I
mittees, commissions and boards in .existence are being recognized for their advisory capacity and othe~
statutory duties without interference in the administrative and management affairs of the City; I
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THEREFORE BE IT RESOLVED that the Personnel Committee, Engineering and Works Committee, Protection
Committee, Planning and Development Committee, and Economic Development Committee, are hereby abolished."
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That as recommended by the Nominat.ing Committee, the following resolution be adopted, namely;!-
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that the present elected officials I
membership of the Planning Advisory I
citizens forthwith:
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That as recommended by the Nominating Committee, the following resolution be adopted, namelyJ-
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2.
"WHEREAS in line with the general policy rule, BE IT RESOLVED
serving on the Planning Advisory Committee be removed and that the
Committee be brought to f~ll strength and comprised of non-elected
om.
AND FURTHER BE IT RESOLVED that all elected officials serving on the following committees and
boards be removed and replaced with non~elected citizens forthwith: Energy Conservation Committee,
Environment Committee, King Street West Association, Preservation Review B9ard, Recreation and Parks
Advisory Board, and Visitor and Convention Promotion Committee.".
3.
"WHEREAS public funds are. held by the municipal corporation in trust for all the citizens;
AND WHEREAS land belonging to a municipal corporation is held in trust. by the corporation for all
the citizens;
AND WHEREAS the buying and selling of land involves negotiations at certain private stages in which
administratively it would be difficult for such negotiations.to be carried on SOlely in the area of I
appointed administrative staff or. with the Council as a whoie, therefore as exception. to the general
policy rule BE IT RESOLVED that the Financial Committee.be titled the Audit Committee and' be comprised I
of the following members: Councillor Elliot and Councillor Gould: I
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existence with the delegated administra~i
of land in conjunction with the City-l--
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the following members: Councillor
Councillor Ralph Landers." I
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AND FURTHER BE IT RESOLVED that the Land. Committee remain in
tive, powers and duties to negotiate the purchasing and disposing
Manager ~ith an advisory and recommending authority to.Council:
AND FURTHER BE IT RESOLVED that the Land Committee be comprised of
Albert Vincent, Councillor Hartley Green, Councillor Kenneth Gould, and
.
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.5:a7
, Tenders, to cal 4.
, Securi ty servic s
That public tenders be called for providing security services for the City.
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'Plan. Advi Com.
, John P. Barry
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'Counc. MacCallu
Resignation
Council PrO" ..'_ ,
cedure Com. .
'Coun. Wayne
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Nominating Com.
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Saint John, N. B.,
15th December, 1980.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
Consideration was also given to the following correspondence: (1) a letter from Mr. John P. Barry,
retiring chairperson of the Planning Advisory Committee, reporting to Council with his views after having
'served.:as .a member of the Committee for the past six years and as chairperson for the pa~t three years, and
with particular reference"to the recommendation of the Nominating Committee that Councillors be removed from
membership on the said Planning Advisory Committee; (2) a letter from Councillor J. D. MacCallum, Q.C., sub-
mitting his resignation as a member of the Council's Procedural By-Law Committee, which resignation is prompted
by the action taken by Council at its meeting on December 8th, 1980 with respect to the Nominating Committee
report, and stating that this action was contrary to both the letter and the spirit of the procedural by-law;
and (3) a letter from Councillor Elsie E. Wayne regarding the said Nominating Committee report, pointing out
specifically what, in her opinion, are inconsistencies in the said report, and making the fOllowing recommenda-
tions; (a) As it would appear that Land Committee has not been functioning properly under the City Government
Act and Municipalities Act, that it be abolished immediately and Council assume its duties; (b) Councillors
remain on the Planning Advisory Committee until the Municipal Plan Review and Zoning By-Law review are completed
and at the end of their term, be replaced with the exception of one Councillor, allowing representation from
Council on the Planning Advisory Committee; (c) Before considering any of the other recommendations of the
Nominating Committee report, that Council as a whole discuss the functions of the committees, boards and
commissions dealt with in the report to determine whether Council membership would be advantageous for purposes
of liaison and communication and also whether at least one Councillor should serve on each committee; and (d)
That the terms of reference of each committee be defined for Council.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that sections 1, 2 and 3 of the above report be adopted.
During lengthy discussion regarding the above recommendations of the Nominating Committee, the
following comments were made by the Council members, namely;- Councillor Knibb - speaking against the motion,
stated he does not see any particular conflict between his view in opposing the recommendations and the view of
those Councillors who want further citizen input, that is not the issue; he respects those citizens serving on
committees and would not want to see 'citizen involvement diminished but there are certain times when elected
officials have to show leadership, and he referred specifically to the Harbour Bridge Authority and the Transit
Commission, which require elected officials among their membership; he hopes that Council will table the
recommendations for further study; he stated he feels this action would be a very wrong decision for Council to
make, and he feels Councillors should continue to serve with citizens on committees, and should also, in their
wisdom, meet in committees comprised entirely of Councillors for their own education and for the betterment of
the City department concerned; he .stated that at no time has he ever interfered as a Councillor with the City
Manager form of government and he does not accept the .argument of the Deputy Mayor that this is one of the
reasons for the Nominating Committee submitting such recommendations. Councillor Wayne - further to the incon-
sistencies mentioned in her letter to Council, the Council cannot legally remove a Councillor from the Preser-
vation Review Board as such appointment was made under a Provincial statute; she referred to the report of the
Planning Advisory Committee chairman that the citizen members of the Committee were polled and all such members
stated that at least one Council member should remain on the Committee; she stated that the recommendation
regarding the Land Committee is contrary to the City.Government Act. which sets up the City Manager form of
government; she is. concerned that matters dealing with land transactions have not come to Council - the Council
only receives those matters which are being recommended, and she does not know how Councillor Landers become a
self-appointed, voting member of the Land Committee, and she does not know if action taken by the Land Committee
while he has been voting on such matters, which is since the civic election in May, would be legal. Councillor
Landers interjected that he has been attending Land Committee meetings since prior to the last election, as he
was told by the Mayor at that time, and the chairman concurred, that any member of Council, could attend and
vote at Land Committee meetings, and that at the first Committee meeting he attended, two other non-members of
the Committee vere also present. Councillor Wayne stated that she was informed by the City Solicitor that in
no way had he advised Councillor Landers that he could be a voting.member of the Land Committee; she also
questioned the reason for the Nominating Committee submitting such recommendations to Council, as they were not
so instructed by Council; she noted that the Land Committee does not come to Council for ratification of
matters which are rejected, and she feels all land transactions should come for Council for ratification; she
stated that if the recommendation to remove Councillors from the Planning Advisory Committee is adopted, the
Valley.Corridor study will.be set back six to eight months, and will set back the Zoning By-Law review for the
same time period. Counc.illor Elliot - stated. he is in' favour of a. tabling motion because h~ notes that the two
committees established involving Councillors have not had their relationships worked out, namely, the relationshi
of the Audit Committee and the Land Committee, and if the tabling motion is lost; he will vote against the
motion; Councillor':Mac8allumfJ".:stated he.'does':not~bel.:!:eve~it"was f'airr,to:.have"a repor.t.-circulated',atea .Committee
of .thecWllOle:,meeting andtexpecti it~to be lconsidered at the same meeting; he feels Council is setting a very
dangerous precedent - not to appoint a Councillor whose term has expired is one thing, but to remove a Councillor
during his or her term of office is another matter; regarding the Land Committee, he stated. he questions a lot
of the work that has been done and he feels such work would be better done by staff without interference by
Council members; he also expressed his intention to support a tabling motion, and if such motion does not pass,
he will vote against the proposal; he further stated that if the concent of removing Councillors from some
Committees is good, unless provided for by statute, then he asks why all Council members who serve on various
boards and commissions were not removed. Councillor Landers - stated that discussions regarding such changes
have been going on for quite some time and he feels that regretfully Common Council finds itself once again in
an over-inflated public controversy; he first ran for public office because he was extremely upset by the
actions, or lack of action, of both the then Planning Advisory Committee and Planning staff; he was successful
in being appointed to the Committee, and while a member of the Committee, he has had the opinion that he felt it
was wrong that members of Council were members of the Committee, and his opinion had changed; he spoke of the
need for more citizen involvement in the committee process and the need for new members on such committees; it
is his understanding other committees will be studied and further reports submitted to Council; he agrees that
Councillors on committees may tend to dominate or steer the ideas which might prohibit communication, and he has
been a member of committees where that has happened; he feels Council is a policy-making body and that changes
in the. committee system are needed; regarding the Land Committee, it was explained to him that the Land Com-
mittee by itself had no authority and could not purchase property, give easements, execute a lease, or expend
any monies, unless it first received a majority vote of the Common Council; he feels the present controversy
does not benefit the City and can only do irreparable harm to the City. Councillor Denton - read from a prepared
statement expressing his views on the recommendations, stating that as a member of Council he is trying to make
decisions that will make the institution more efficient and responsible, thus creating a stronger City, and that
it was never his'intention., as a member of the Nominating Committee, to single out anyone or two Councillors to
have them removed from any certain committees, but rather to have all Councillors removed from committees except
the Land Committee and the Audit Committee; referring to recent newspaper accounts, he demanded. Councillors
Wayne and MacCallum to produce specific instances in which he has not. made a decision based on his own personal
conscience, otherwise, he demands a.public apology; further to the editors notes in the newspaper on December
12th titled "Leadership Needed", if the paper honestly believes in the progress and betterment of Saint John, he
would suggest that the preferred views of Councillors Wayne and MacCallum be stopped and a more positive approach
"
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538
(,.
be taken by the paper;.he referred to instances cited to him regarding Council membership On the Plan
ning Advisory Committee; he advised that the Nominating Committee has put forth a proposal which can
either be rejected or accepted by this Council. Deputy Mayor M. Vincent - referring to recent news
coverage regarding the Nominating Committee recommenations, of which he is chairman, stated that Council,
is not going to enhance the City or further it very much if Councillor~ are going to resort to that type!
of action; he reported that the purpose of the Nominating Committee is to fill vacancies on committees
and commissions and to follow Council,resolutions in appointing people to ,those committees, which the
Committee has tried .to do to the best of its ability; names of nominees have been received from citizens:
at large, and from other Councillors, of many sources or-.people who might be suggested capable and with I
the background to serve on certain committees; depending upon their own qualifications; he referred to
the deliberations of the Nominating Committee in preparing the above report, and noted that the City I
Solicitor's office was consulted throughout the entirety of the effort by the. Nominating. Committee to :
produce the report; he noted that the Nominating Committee asked for names from Councillors for conside~-
ation for appointment to committees, but Council rejected the. idea and asked for a list of the vacancies:
which existed, Which information was supplied to Council. He stated that he has objected for six years I
to having Councillors on the Planning Advisory Committee, and.not because of personalities of the ,
.,CoB"c~110r;s",.his r~asons ,forJ\lSh:Sbjection is that he :believes some Councillors therefore have two
,:ste~, w)1ich '':is,,in ~"undeniable. !Ie, no,ted.tJ:Il,t _ tlJe F,lanning, i>dvisorY,C9JTI11litte" ,,,dvises . Council on
planning and yet the City has Councillors on the Committee guiding and.working with the Committee, who
will upon completion of the report step out of their Committee membership role and step back into I
Council and serve on voting for or against something that the Planning Advisory Committee has brought to
them; so in fact we have Councillors advising Council while sitting on the Committee; secondly, council~11
lors have asked on a number of ocassions why some people have information ahead of.the other members of
Council, which has happened at the Planning Advisory Committee level, which he feels could create an I
unhealthy situation. He stated that these are some of the reasons he has continually opposed Councillors
being members of the Planning Advisory Committee; the report submitted by the Nominating Committee is al
matter of policy for Council to decide ~hether Councillors should or should not be members of committee~;
he stated that he had personally instructed the Common Clerk not to have the report forwarded to Council
with the agendas as he did not want to have the report to have appeared in the press prior to the
meeting. He noted that the City of Saint John functions under a City Manager form of government - it
does not function under a City Manager/Council committee form .of government; at the time the report
prepared by former Mayor Davis was submitted to Council he opposed the establishment of Council com-
mittees because without question it created a clear.way of circumventing the City Manager, which he
personally knows has been done in certain cases. He stated that the Nominating Committee felt that I
removing Councillors off committees would afford an.opportunity for citizens to become part of the I
committee structure which were previously not available to them. Councillor Green - stated he was I
disturbed in reading the newspaper .this past week regarding the matter under consideration at this time;
with reference to the Land Committee and the comments of Councillor Wayne, the committee was originally:
established to expedite land transactions, and all recommendations are presented to Council for accepta~ce
or rejection; he referred .to a previous recommendation of the Land.Committee to sell the Cedar Point
Trailer Park which was negotiated at the instruction of Council, and which recommendation was later
rejected by Council, which he feels has proven to be an unwise decision,.however, he does not take I
exception with his fellow Councillors who voted to reject the Land Committee's recommendation; he stated
that he.,would nO,t object .if,~he Nominating Committee wished to replace him as a member of the Land. i
Comm.ittee.; .he stated tl1at ,he will_s),lppo;rt"the recommendations,of, the .Nominat,ing, CoIIllUitte,e. Councillor I
Gould- stated.that' Council's prerogative is to either accept or reject the Nominating Committee's I
recommendation; if there are any discrepancies in .the above report, .they can be corrected, as they were;
not done intentionally and were oversights; the attempt of the Nominating Committee was to recommend a I
change in policy which is Council's prerogative; referring to his membership on the .Recreation Advisory'
Board, he feels he has to be honest and state that at times he feels he may have influenced how the. I
members of that Board voted at times because of his position, and he does not feel he should have that I
privilege of wielding such power at the committee level. I
In reply to a query of Councillor Wayne regarding the Preservation Review Board, Mr. Rodgers I
reported that the said Board is. established under the Heritage Preservation Act, and several months ago I
a Councillor was appointed to the Board through error, in that even though the Act requires an elected I
member, the appointment of such elected member has .to be made by the .Mayor, and he would assume that the
Mayor will be making such appointment if the motion under consideration is 'adopted by Council. . With I
reference to the comments of Councillor Wayne regarding section 14(6) of the City Government Act, in
relationship to the Nominating Committee recommending regarding th" Land Committee, Mr.. Rodgers stated i
that the said section deals with the powers of the City Manager - his powers of appointment, promotion I
and dismissal, and also his authority and responsibility for the efficient administration of the variouk
departments - that .is private legislation - the Municipalities Act is public legislation and it gives I
Common Council the authority to create committees; the Municipalities Act provides that if there is a :
conflict. between any other Act or private legislation, the Municipalities Act prevails; so certainly the
power of Council to create committees has not been taken .away by any other legislation. Regarding the!
question of the creation of the Land Committee interfering with the City Manager, Mr. ROdgers noted that
the recommendation under consideration is to deal with the difficulty of turning negotiations over I'
solely to the administration, on one extreme, and having negotiations carried on by Council, at the
other extreme; the resolution. also says that it is to be done in conjunction with the City Manager and'
th". delegation is only wit.h respect. to negotiations, and the Municipalities Act gives Council the rightl
.to. delegate admini~t:\ative. power .and duties ,to.. commi tti"es.. Councillor,. Elliot. cornmented that he agrees i
wholeheartedly with certain features of the above Nominating Committee report, one such feature being I
increased citizen involvement at the committee level. He stated that his. concern is not motivated
concerning representatives of, certain people on certain committees - his' concern centres around some I
errors or omissions, and he thinks it unwise to adopt a'document containing any errors or omissions. I
Councillor Knibb referred to the. membership of the Deputy Mayor on the committees involving the Canada I
Summer Games and the Market Square project.. I
On motion of Councillor Knibb
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Preservation Review
Board
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Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table.
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Councillor Gould asked what recommendation the City Solicitor would make, if there are indeedl.
discrepancies in the above Committee of the Whole report. Mr. Rodgers referred to the change in the I
words "delegated power and administrative. duties" to "delegated administrative powers. and duties" (Which
have been made in the said report); and the fact that the Preservation Review Board required an elected'
person, with such appointment required by law to be. made by the Mayor and cannot be changed by Council r
these are the only changes he is aware of at this time. Councillor Wayne asked if it is the intent of i
the motion that all land matters will first come to Council for referral to the Land Committee, and then
all matters will come back to Council for either acceptance or rejection. Mr. Rodgers replied that thei
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Question being taken,. the tabling motion was lost with the Mayor and Councillors Denton,
Gould, Green, Landers,.A. Vincent and M. Vinc'ent voting "nay".
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{)39
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Council Procedu
" Commit tee
I
Preservation
" Review Board
,Counc. Elliot
Land Committee
- Market
"Canadian Dia-
. betic Assoc.
,
III Security service
City Solicitor
,Plan. Adv. Com.
I
Land Committee
" Prop: 306 Rock-
land Rd
'Irma Irwin
. North/ South
Arterial
.
...
resolution before Council is confirming a practice Council has been following, which is, correspondence with
respect to land goes to the Land Committee; the Land Committee, before it can buy land or sell land, comes to
Council; if the Land Committee chooses not to be interested in any land, then the Council is not aware of
that - if Council wants the policy suggested by Councillor Wayne, that is not a legal matter, it is a policy
matter. He noted that this matter was considered by Council in Committee of the Whole earlier this date, and
was referred to the City Manager. Councillor Wayne stated she feels that is delegating the power of the
Council to a few Councillors and Council is never aware of land transactions which are turned down - she feels
strongly on this matter that all matters pertaining to land either acceptance or rejection, should come back to
Council, and that that should. be the policy, and she is going to so move it.
Councillor Landers stated that if there is some concern with the Preservation Review Board, he would
move an amendment that it be deleted from the above report. The Mayor stated he is advised that this is the
proper legal method to follow in order that the proper and legal appointment may be made. Deputy Mayor M.
Vincent noted discussion. which took place in Committee of the Whole to take steps to clearly establish how the
City disposed of and purchased land. He asked the City Solicitor if there is anything wrong or illegal or that
he was not consulted with, or was not aware of, in the above report. Mr. Rodgers gave negative reply, from a
legal standpoint.
Question being taken, the motion was carried with Councillors Knibb and MacCallum voting "nay".
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Landers
filed.
Seconded by Councillor Denton
RESOLVED that the above letter from Mr. John Barry be received and
On motion of Councillor Elliot
filed.
Seconded by Councillor Gould
RESOLVED that the above letter from Councillor Wayne be received and
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above letter from Councillor MacCallum be received and
filed, and his resignation as a member of Council's Procedure Committee be accepted with regret and he be
thanked for his services while a member of the said Committee.
e
Committee,
Committee.
Prior to adoption. of the above motion, Councillor Elliot, as chairman of the Council Procedure
asked that Councillor MacCallum withdraw his resignation and continue to serve as a member of the
Councillor MacCallum replied that he has no intention of withdrawing or considering his resignation.
(Councillor Wayne re-entered the meeting)
Councillor Elliot stated he assumes Council wishes the remalnlng three members of the Prooedure
Committee to continue in that capacity. The Mayor gave affirmative reply.
The Mayor stated that by virtue of the power imposed.in him under the Municipal Heritage Preservation
Act, he appoints Councillor Elliot as the elected representative on that Committee.
(His Worship the Mayor withdrew from the meeting and Deputy Mayor M. Vincent assumed the Chair).
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, Common Council
resolution of October 20th, 1980 regarding the lease of space in the City Market building to the Canadian
Diabetic Association for a period of one year, commencing October 1st, 1980 at the rate of $800.00 per annum,
be rescinded, the City having been informed by a representative of the said Association that they no longer
wish to rent this space.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that section 4 of the Committee of the Whole report of December
8th, 1980 be adopted.
Councillor Landers expressed his agreement with the City tendering for security services, while he
realizes that factors such as experience, qualifications, manpower and facilities of firms tendering will have
to be considered.
Councillor Wayne stated that Mr. Winch has asked that she obtain clarification from the City Solicitor
and that is, he is assuming the three Councillors, as of the vote taken at this meeting, are no longer members
of the Planning Advisory Committee. Mr. Rodgers referred to the resolution adopted at this meeting which says
that the said members be removed. and replaced with non-elected members forthwith; the Council members are still
on the Planning Advisory Committee and will be removed, according to the Council resolution, when Council comes
forward with the names of the citizen appointments. Deputy Mayor M. Vincent stated that that was the intention
of the Nominating Committee in making such recommendation to Council.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for the purchase of 2,427 square feet of property at 306 Rockland Road from Mrs. Irma Irwin, as shown
on the submitted plan, for the price of $3,200.00, such property being required for construction of the North/..;.j
South Arterial, and that the Mayor and Common Clerk be authorized to execute any and all documents pertaining
to this transaction.
Question being taken, the.motion was carried with Councillors MacCallum and Wayne voting "nay".
540
Land Committee
'Prop: 42 Somserset S
Mr & Mrs Charles
I Quinn
'North/South Arterial
Land Committee
trop: 272 King St
East
'Mary A. Hudson
Land Committee
\Prop: 234-236 King S
East
'Wayne Erb
Land Committee
,Prop: 29 Meadow St &
Forest Street
'Margaret M. Sheehan
, Ci ty Road Armoury
Land Committee
'street, closing of
Hazen St
'Baxter Dairies Ltd
Prop: Dorchester St
Land Committee
, C.N.R.
Thorne Ave
, Lease
th3,t
'Canada Packers
Lease
Thorne Avenue
'C.N.R.
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On motion of Councillor A. Vincent
On motion of Councillor Gould
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Seconded by Councillor Landers
RESOLVED that.as recommended by ,the Land Committee , authority be
granted for sale of the lf~eehold interest in property situate at 272 King Street East to Mrs. Mary A.
Hudson for the sum of $2,000.00.
Question being taken, the .motion was carried with Councillor Wayne voting "nay".
On motion of Councillor A. Vincent
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Seconded by Councillor Landers
RESOLVED that, as recommended by the Land Committee, authority be
granted for sale of the lf~eehold interest in property at 234-236 King Street East to Mr. Wayne Erb fori
the sum of $500.00.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
On motion of Councillor Knibb
.0
,
Question being taken, the motion was carried with Councillors Denton, MacCallum and Wayne
voting "nay".
I
On motion of Councillor A. Vincent
Seconded by Councillor Landers
. RESOLVED that as recommended by the Land Committee, theportiori
of Hazen Street shown on the submitted plan be advertised for closing, and that following the successful
closing of the street and the acquisition of the private owner's property, the City sell the portion of
the street and the small lot on Dorchester Street to Baxter Dairies Limited for the appraised value Of!
$30,000.00, such property to provide for an extension of the present building of Baxter Dairies Limited
on Station Street.
It was noted in the letter from. the Land. Committee .regarding the above matter that during
negotiations it was agreed that the company would also buy a small City-owned lot which is completely i
surrounded by property owned by the dairy, and would also purchase a property owned by a private individual.
at the end of Hazen Street (as shown on the submitted plan), and that the .company has agreed to meet all
of the conditions as specified by the Engineering and Works Department and the Fire and Police Departm~nts
can foresee no problem in gaining access via the remaining 12-foot strip; and that the Planning Advisojy
Committee has also agreed to grant a variance allowing a street width of only 12 feet. '
Question being taken, the motion was carried with Councillor Wayne voting "nay".
J On motion of Councillor Landers
,
c' Seconded .by Councillor A., Vincent i
RESOLVED that the letter from the Land Committee, . advising that the
tCity requires approximately 2,100 square feet of land owned by C.N.R. on Thorne Avenue for the widening
of the road, and recommending (1) that the City enter into a leasing arrangement with the C.N.R. for the
2,100 square feet of land on Thorne Avenue, as shown on.the submitted map; for a.rental of $1.00 per i
annum; (2) that the Mayor and Common Clerk be authorized to sign the lease and any other documents I
required to complete the transactions; and (3) that in accordance with the submitted letter from C.N.R.,
City staff make the necessary changes. in the submitted ~ease.to change' the rental from $840.00 per yea~
to $1. 00 per year -- be received and filed and the recommendations adopted... . I
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Question being taken, the motion was carried with Councillor Wayne voting "nay".
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Seconded by Councillor Landers I
RESOLVED that the letter from the Land Committee, advising that
the City and Canada Packers are leasing 16,100 square ~eet of land on Thorne Avenue from the C.N.R. at1a
rental of $160.00 per annum,. and the front 10 feet of this land is required for the widening of Tho~ne'
Avenue and will have to be leased by the City alone instead of the City and Canada Packers, which redubes
the area of the land leased by the City and Canada Packers to 14,500 square feet on which the C.N.R. hks
proposed a new lease under the same terms and conditions. as the previous lease, i. e. $160.00 per year; i
and recommending that the amended lease submitted by C.N.R. be accepted, and that the Mayor and CommonJ
Clerk be authorized to sign the amended lease and any other documents required to complete the transaction
be.received and filed and the recommendation adopted. I
On motion of Councillor A. Vincent
.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
,....
~.4.1
Spruce Lake
.' Landfill site
Fundy.Pest
Control
\Lorneville Are
Pollution
. Problems Com.
I
Grant
Canadian Juni
Mens' Curl-
ing Champion
ship
\
Spruce Lake Rat -
I payers Assoc.
N. W. ( Nan)
, McLellan
.
, Angus McLeod
1
.
I
Council minutes
(corrected)
I
.
Christmas musi
U.N.B.S.J..
....
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from the Lorneville Area Pollution Problems
Committee, recommending that Fundy Pest Control be retained on an ongoing, monthly basis to bait the Spruce
Lake sanitary landfill site and that the City provide the required funding in the 1981 budget, be referred to
the City Manager for a report and recommendation.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the request from Mr. P. M. Daniels, chairman of the Host
Canadian Junior Mens' Curling Championship to be held at the Riverside Country Club from
1981, for a grant in the amount of $1,500.00 to cover the cost of a dinner for this
be referred to the grants committee.
Committee for the 1981
r
February 14th to 21st,
national championship,
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that with regard to the presentation made at this meeting on
,
behalf of the Spruce Lake Ratepayers Association, the matter of improved services to this area be referred for
consideration as a priority item i~ the 1981 capital budget.
(Councillor Gould withdrew from the meeting)
Councillor MacCallum referred to the recent untimely passing of Mrs. N. W. (Nan) McLellan, a well-
kno'Nll supporter of community and cultural activities in the City.
On motion of Councillor MacCallum
Seconded by Councillor Elliot
RESOLVED that a letter of sympathy be forwarded to the family of the
late Mrs. N. W. (Nan) McLellan.
The Council members had also asked that a letter of sympathy be forwarded to the family of the late
Mr. Angus McLeod, who was a very active Union organizer in the City of Saint John.
On motion
The meeting adjourned.
'~n.,'
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-second
day of December, A. D. 1980, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Elliot, Green, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner.of Finance, M. Zides, Commissioner of Community Planning
and Development, J. C. MacKinnon, Commissioner of Engineering and Works,
J. Gabriel, Deputy Commissioner of Works, J. Griffin, Traffic Engineer,
C. E. Nicolle, Director of Recreation and Parks, J. Brownell, Assistant
Director of Recreation, J. F. Ross, Chief of Police, D. French, Director
of Personnel, G. Soucy, Labour Relations Officer, K. Galbraith, Adminis-
trative Assistant to the Mayor, and R. Adams and T. Shuve of the Real
Estate Department
Reverend Dr. D. S. Calkin of Waterloo Street Baptist Church, offered a prayer which opened the meeting.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on December
15th last, be confirmed.
Councillor Elliot submitted that there is an error in the minutes of the last meeting in that he
spoke in opposition to adopting the recommendations. of the Nominating Committee, yet in the recorded minutes
his "nay" vote is not recorded, and he would like the.minutes corrected to show that he did vote against
acceptance of the said Nominating Committee report. The Mayor stated that the recorded tapes of the said
meeting prove conclusively that the minutes of the said meeting are accurate. Councillor Elliot stated that he
would like to have it recorded in the minutes of this meeting that due to a misunderstanding he is not shown as
being opposed to the said Nominating Committee report, and that he is definitely opposed to the recommendations.
Councillor Wayne stated that she also is opposed to the recommendations of the Nominating Committee which were
adopted at the last meeting of Council, and that due to a misunderstanding of the motion which was being voted
on at that time, she would like the record to show that she is firmly against the Nominating Committee report.
The Mayor stated that the record of this meeting will record the opposition expressed at this time by Councillors
Elliot and Wayne, however, the vote taken at the last Council meeting will stand.
Question being taken, the motion was carried with Councillors Elliot and Wayne voting "nay".
The Mayor expressed the appreciation of Council to Mr. Walter Ball and members of the Singers and
Brass Ensemble from U.N.B.S;J. for their programme of Christmas music prior to this Council meeting.
The Mayor advised that Council will hold a final budget meeting on Monday, December 29th, 1980 at 9
a.m., and that Council will meet in special session at 10 a.m. on that date for the purpose of adopting the
1981 operating budget for the City.
542
"lIl
Cornmon Council
Newspaper coverage
of meetings
\ Progress Payments
Greendale Storm Sewe
Const.
\ Fairvale Const Ltd
Lord Beaverbrook
Rink Parking Lot
'Metro Const (1978) L d
'Loch Lamond Rd
~etro Canst (1978)
,
Kanes Corner 4.
'Metro Const (1978) L d
D. Hatfield, Ltd
At this time the Mayor read a prepared statement.regarding the coverage by the local newspaper
f Common Council proceedings and related matters, which expresses his opposition to the manner in which
uch matters are being reported, which he feels is destroying the public image of Common Council.
Read a letter. from the City Manager recommending that authority be granted for payment of the
ollowing construction progress certificates, namely:-
.
Greendale Storm Sewer Construction
Fairvale Construction Limited
Supply and install a trunk sewer system
Original estimated value of contract
Total work done, Estimate Number 3
Retention (3%)
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 12, 1980 Partial Holdback Release
Lord Beaverbrook Rink Parking Lot
Metro Construction (1978) Ltd.
Construction of parking lot
Current budget allotment
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 16, 1980 Final Holdback Release
. 3.
L d
Loch Lomond Road
Metro Construction (1978) Ltd;
Phase II, Stage II.- Grading and concrete work
Current budget allotment
Total work done, Estimate Number 6
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 16, 1980 Final Holdback Release
.Kanes Corner
Metro Construction (1978) Ltd.
Reconstruction
Current budget allotment
Total work done, Estimate Number 8
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 17, 1980 Partial Holdback Release
On motion of Councillor Green
$ 84,940.00
82,620.41
2,478.61 I
65,937.90
3,
$ 14,203.90
$ 116,602.04
116,602.04
Nil I
113,103.98
4,
$ 3,498.06
$ 303,301. 32
303,301. 32
Nil
294,202.28 e,
5,
$ 9,099.04
I
Seconded by Councillor M. Vincent
RESOLVED that item number 1 be approved for payment.
In reply to a query of Councillor Wayne regarding complaints from residents of Greendale with
respect to problems encountered with restoration of lawns and landscaping.as a result of this construction
contract, Mr. MacKinnon reported that this contract was substantially completed on September 30th, 1980
and that the project is complete except for some minor reinstatements which will have to be done by the
City in the spring. ' .
I
,
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followed
by I
I
taken
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,
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On a point of procedure, Councillor Elliot asked that parliamentary procedure be strictly
by Council to avoid further confusion when Questions are being taken on. motions under consideration
Council, in that the Common Clerk state the motion under consideration each time before question is
by the Mayor.
On motion of Councillor Wayne
.'
Seconded by Councillor Knibb
RESOLVED that item number. 2 be approved for payment.
Councillor Landers stated he will vote against the above motion as he is opposed to the City
expending funds on a rink in which the City has no control over its operation.
"nay".
Question being taken, the motion was. carried with Councillors Landers and A. Vincent voting
II
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that item number 3 be approved.for payment.
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that item number 4 be approved for payment.
I
Councillor A. Vincent asked that he be provided with the serial numbers of the performance
posted by the contractors for the four projects referred to above.
I
borids
I
I
On motion of Councillor Landers
Seconded. by Councillor Green
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the follOWing invoice, namely:-
D. Hatfield, Ltd. - (Works) eQuipment rental November 16-30, 1980 $ 36,265.98
.
....
,....
5~3
'Tenders accept
. . Equipment rent
I
On motion of Councillor Elliot
d
1
ental
Seconded by Councillor Green
RESOLVED that as recommended
be awarded as recommended in the submitted bid summary.
by the City Manager, tenders for equipment
Councillor Wayne asked if the agreement with Hatfield for the rental of standby equipment used by the
City is included in the above tender award. She stated that she is against the policy of having such rental
equipment on standby and she asked that the City Manager monitor the situation. Mr. MacKinnon gave negative
eply to the query of Councillor Wayne, and stated that this matter is being considered separately from the
ecommendation contained in the above letter from the City Manager, and that there is no standby equipment at
he moment and staff is considering not renting such equipment in the future, and a recommendation from staff
ill be fowarded to Council for consideration.
On motion of Councillor Landers
Seconded by
Councillor Green
RESOLVED that as recommended by the City Manager, tenders for sand, gravel,
as recommended in the submitted bid summary.
Tenders accepted
Sand, Gravel, loam, etc. be awarded
\ Loam
I
, Agreement
Olsen's General
, Store Ltd
.
'I Arenas
Lighting
Eastern Works
I \ Depot
Grandview Avenu
. "parking
. 'Cliff St
,Petition
I
I
,Traffic By-Law
, \ Coburg St
Dorchester St
Garden St
.
During discussion of the above tender award, Mr. MacKinnon outlined the procedure used in obtaining
it run gravel loaded at the pit east, and noted that staff is recommending that anyone of the suppliers may be
sed, depending on the location where City equipment is working.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, Commissioner of Com-
unity Planning and Development, and Deputy Commissioner of Community Planning, the existing agreement between
lsen's General Store Ltd. and the City be amended to provide for the erection of a dome-shaped building (approx-
imately 76 feet by 20 feet) and that all site improvements previously agreed to shall be completed prior to
eptember 30th, 1981.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the report from the City Manager and Director of Recrea-
ion and Parks, regarding the lighting levels at City arenas, be received and filed.
Mr. Nicolle outlined the policy of the Recreation and Parks Department regarding the lighting levels
t the City arenas.
On motion of Councillor M. Vincent
Seconded by Councillor Elliot.
RESOLVED that the report from the City Manager and Building Maintenance
anager, regarding the heating systems in the Eastern Works depot on Grandview Avenue, be received and filed.
Councillor Wayne expressed her opposition with the above report and referred to openings in the garage
doors of this building. Mr. Shuve verbally reported that on inspecting the building in question, the largest
opening in the doors of the garage area would be one-half inch on the outside of the building.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
(Councillor Landers withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding Council's request that staff re-examine parking regulations
in the Cliff Street area; advising that on October 20th, 1980, Council adopted recommendations of staff that the
etition from residents on Cliff Street to remove the limited parking be denied and that previously submitted
amenrunents to.the Traffic By-Law concerning Coburg, Dorchester and Garden Streetsbbe re-activated by Council for
hird reading, which latter recommendation was in response to an amendment to a Council resolution of September
15th, 1980 requesting staff to examine parking regulations in the entire area of Cliff Street, and that the
amendments in this regard are forthcoming from the Legal Department; staff has re-examined the situation on
Cliff Street and now takes the position that the original recommendation is still valid, however, if the majority
of residents on Cliff Street wanted the limited parking removed in spite of the disadvantages which staff has
ointed out, there is no reason to deny the petition; reiterating the position of staff that.removal of the
limited parking on Cliff Street will not benefit residents because the parking space would then be available to
non-residents on an unlimited basis, which is the problem residents on adjacent streets are contending with; and
recollilllending that Council decide between: (1) leaving the existing two-hour parking regulations in effect; or
(2) changing the regulations to allow unrestricted parking as requested by the residents (if the latter is the
choice, staff will then draft the appropriate.amendment to the Traffic By-Law); and stating that in either case,
Council should proceed with third reading to the amendment regarding Coburg, Dorchester and Garden Streets
e received and filed and Council approve of changing the regulations to allow unrestricted parking as requested
y the residents.
Question being taken, the motion was carried with the Mayor and Councillor Elliot voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting
raffic On Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
endments Thereto", be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On Streets in The City of Saint
ohn Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety
rior to adoption of the above resolution.
The Mayor welcomed to the meeting members of the Forest Hills Scout Troop, accompanied by their
eader, Mr. Ronald Gionet.
5~4
J
.,
~
(Councillor Landers re-entered the meeting and Deputy.Mayor M. Vincent withdrew)
, It was noted that copies of the report of the City Solicitor regarding the application of Mr.
Douglas Mitton Douglas Mitton for re-zoning of property at 185 .Golden Grove Road, had inadvertently not been forwarded .
Prop: 185 Golden Gr.' to the Council members.
Rd
re-zoning
'Zoning By-Law
Prop: 185 Golden
Grove Rd
\
Plumbing By-Law
policy
\ by_hiws, reading of
Water & Sewerage
, By-Law
'Irving Pulp & Paper
policy
water services on
vacant lots
'C K 0 Radi 0
,Allarko Broadcastin
Co. Ltd.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne .
RESOLVED that the above report of the City Solicitor be laid on
table for one week pending. copies being forwarded to the Council members.
i
th~
i
,
Question being taken, the tabling motion was carried.
I
I
Seconded by Councillor Landers I
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendment~ Thereto", to provide that subsection (2) of Section 146A I
shall not apply when adjacent .zoning occurs subsequent to the enactment of the Zoning By-Law for the. City
of Saint John dated November .14, 1977, be read a third time and enacted and the Corporate Common Seal
affixed thereto.
On motion of Councillor Wayne
The by-law entitled, "A.Law to Amend the Zoning By-Law of the City of Saint John and Amendments
I
Thereto" was read in its entirety prior to adoption of the above resolution.
(Deputy Mayor M. Vincent re-entered the meeting)
On motion of Councillor Elliot.
Seconded by Councillor MacCallum
RESOLVED that third reading of amendments to the Municipal
and Zoning By-Laws regarding property at 185 Golden Grove Road,. be laid on the table until the next
meeting pending consideration of the report from the City Solicitor in this .regard.
P17
I
I
I
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that
Trade and Master Plumbers", be read a second time.
the by-law entitled, !fA By-Law Respecting the
!
Plumbing
I
Read a second time the by-law entitled, "A By-Law Respecting the Plumbing Trade and Master
Plwnbers" .
On motion of Councillor Landers
Seconded by Councillor Green
. RESOLVED that the by-law entitled,. "A By-Law Respecting the Plumbing
Trade and Master Plumbers", be read a third time and enacted and the Corporate Common Seal affixed '
thereto.
The by-law entitled, "A By-:Law Respecting the Plumbing Trade and Master Plumbers" was read in
its entirety prior to adoption of the above resolution.
The Mayor reported
on the desire of the Council
entirety prior to adoption.
the Provincial Minister of Municipal Affair~
requiring the reading of by-laws in their !
I
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I
on discussions he has had with
to have the regulation changed
On motion of Councirlor Elliot
Seconded by Councillor Knibb
RESOLVED
Water and Sewerage" be read a third
that the by-law entitled, !fA By-Law to Amend A By-Law
time and enacted and the Corporate Common Seal affixed
Respecting
thereto.
Councillor Wayne noted that the City Manager was asked to report to Council on meetings held
with the Irving interests regarding water charges, and she suggested that third reading of the above
amendment should be tabled until such report is received by Council. Mr. McDermott stated that such
report will be available for the next Council meeting.
I
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that the above proposed .amendment be laid on the table
i
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Councillor A. Vincent asked that staff .report to Council on the policy of charging for water I
and sewer services for vacant lots in the City. I
I
I
On motion of Councillor Wayne
until the
Seconded by Councillor MacCallum
RESOLVED
next regular meeting of Council.
Question being taken, the tabling motion was carried.
On motion of Councillor A. Vincent
licenses
time.
Seconded by Councillor Green
RESOLVED the matter regarding the
and to transfer ownership to Allarko Broadcasting, be added to
application to renew C K 0 radio
the agenda and considered at this
I
!
,
i
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
,
The Mayor advised that Allarko Broadcasting Co. Ltd. of Edmonton, Alberta, is purchasing the i
assets of C K 0 Radio, which operated an all-news network in various parts of Canada, and in this regard
. ,
the Allarko firm is approaching the C.R.T.C. to ask that both the assets and responsibilities be transferred.
He stated that as part of that commitment, some years ago C K 0 Radio applied to the C.R.T.C. and was
i
given permission to open an F.M. radio station in the City of Saint John, " however, before the station w~s
I
I
.
I:
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.!
J
,....
,..:
5~5
.~. ~.;..
'.
I
\
I Committee
Whole
of
.
Union
Local 18
Contracting
out
Agreement
\.Musquash Water
I
.
Plan. Adv. Co
'Food City Ltd
'Subdivision
I Land Committee
,Ralph Reigger
\ Prop: Sandy Pt
Rd & Tucker
Park Rd
I
Land Connnittee
\Gordon Peacock
Prop: Sandy Pt
Rd
Land Cornmi ttee
0'rop: 267 St.
George St
. E. M. McDowell
constructed it was sold, and Allarko is now asking the support of the City of Saint John for the same purposes.
He advised that Halifax, Moncton and Saint John would be the locations for the three eastern stations of this
national news radio network. Councillor Landers suggested that under existing law, the Mayor may have a possible
conflict of interest in this matter, and should. therefore withdraw from the chair, as he holds shares in an F.M.
radio station in the City. The Mayor advised that the proposed station would be in competition with existing
radio stations in this area, including the one with which he is associated.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the Common Council of the City of Saint John, New Brunswick,
supports the concept of a national news radio network:
AND FURTHER that Common Council support .the establishment of an F.M. radio outlet of the proposed
network in the City of Saint John at the earliest moment.
(His Worship the Mayor withdrew from the meeting and the Deputy Mayor assumed the chair)
Question being taken, the motion. was carried with Councillor MacCallum voting "nay".
(The Mayor re-entered the meeting and assumed the chair)
Read 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 begs leave to report that it sat on December 15th, 1980 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, M. Vincent and Wayne, and your
Committee submits the following recommendations, namely:-
1. That the request of the Civic Employees Local Union No. 18, C..U.P.E., to present a brief with respect
to contracting out of City services be denied as this matter is a subject to be discussed during negotiations.
2.
City be.
City.
That as recommended by the City Manager, the Musquash Water Agreement between the Province and the
approved, and that the Mayor and Common Clerk be authorized to execute the Agreement on behalf of the
Saint John, N. B.,
22nd December, 1980.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
Question being taken, the motion was carried with the Mayor and Councillor A. Vincent voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council assent to the subdivision plan of Food City Limited regarding property on the west side of Highway
Number 7 on the boundary between Grand Bay and the City, with respect to the 14-foot strip of land across the
full frontage of this property, which will vest in the City upon the filing of the Subdivision Plan, for purposes
of creating an additional turning lane.
(Councillor Wayne withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the Land Committee, the property
shown on the submitted plan as Part "X", containing an area of 1 ,697 square feet, be purchased from Mr. Ralph
Reigger for the price of $500.00, such property being required for improvements in the traffic flow at the
corner of Sandy Point Road and Tucker Park Road, and that the Mayor and Common Clerk be authorized to execute
any and all documents pertaining to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the City of Saint
John deed to Mr. Gordon Peacock the parcel of land adjoining his property on Sandy Point Road, shown as Parcel
"y" on the submitted survey plan, in exchange for Parcel "X" on the said survey plan, at no cost to Mr. Peacock,
and that Mr. Peacock forfeit all interests, rights and privileges as stated in the deed dated March, 1966
between Gordon Peacock and Lorna Peacock and The City of Saint John.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in the lot situate at 267 St. George Street West (Lot 402, Brooks Ward) to Mr.
E. M. McDowell, for the sum of $1,600.00.
! : ut2 '),2 ,J_ (;
5416
"IIIIl
Policy
,Sale of properties
Land Committee
Prop: 14 Castle St
'Catherin Arseneau
Land Committee
Prop: 137 Paradise
Row
'Drury Cove Estates
,North/South Arterial
\ Counc. M. Vincent
'Market Square Corp
,Canada Summer Games
Interim Com.
Policy re Councillor
on City'Committees
Market Sq. Corp.
Canada Summer Games
Com.
On motion of Councillor Landers
Seconded by Councillor A. ~incent
RESOLVED that the policy of the City of selling the freehold
interest in properties to the lessees for 50% of the appraised value,. be extended for an additional six-
month period.
.
(Councillor Wayne re-entered the meeting)-
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the property
situate at 14 Castle Street, oWned by Mrs. Catherine Arseneau, be purchased. for the sum of $23,500.00,
and that the Mayor and Common Clerk be authorized to execute any and all documents pertaining to this
transaction.
I
In reply to a query of Councillor Knibb, Councillor A. ~incent, chairman of the Land Committeel
stated that the above property is required for rounding of the corner due to the increased traffic.whichl
will be generated if the hospital site is used for accommodations during the 1985 Canada Summer Games.
Councillor Wayne noted that the City was previously told that no additional parking will be required for
the Summer Games, and that she will vote against the motion. Councillor A. Vincent noted that although
the athletes will not require parking, there will be additional traffic in the area due to the hospital I
being used to house such athletes.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
On motion of Councillor A. Vincent
Seconded by Councillor Elliot I
RESOLVED that as recommended by the Land Committee, the property
at 137 Paradise Row, owned by Drury Cove Estates, be purchased for the sum of $62,000.00, such property I
being required for construction of the North/South Arterial, and that as a condition of sale a release b~
received from.the Company to the effect that all claims .for damages against the City will be dropped, and
that the Mayor and Common Clerk be authorized to .execute any and all documents pertaining to this trans~
action. I
,
,
.
Quest.~on being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay""
I
On motion of Councillor A. Vincent
Seconded by Councillor Knibb .
RESOLVED that tenders for demolition of the above building be
i
,
cal~ed
as soon as possible.
Councillor Elliot asked how many additional properties are required to be purchased for con- I:
struction of the North/South Arterial. Mr. Adams reported that there are eight remaining properties ,
where agreement to purchase'has not yet been reached, and three properties where agreement has been reached
but the purchases have not been finalized. Councillor Wayne asked that Council be advised of the amount
the budge~ for purchase of properties for this project has been overspent, and what the projected totalr1cost.
is for acquisition of all properties required for this project. .
I
,
On motion of Councillor MacCallum I
Seconded by Councillor Wayne
RESOLVED that Deputy Mayor Melvin Vincent be removed from the
Market Square Corporation Board of Directors and also that he be removed from the Canada Summer Games
Interim Committee.
.Councillor MacCallum referred to the report adopted at the last Council meeting from the
Nominating Committee, of which the Deputy Mayor is chairman, which recommended the removal of CouncillOfs .:.
from certain boards and committees as it was desirable to have more citizen input on boards and committees,
,
and stated that if that concept is good it should be applied "across the board", and that all members of
Council should be removed from boards and committees .except in those cases. where it is expressly provided
. . I
otherwlse by statute. I
Deputy Mayor M. Vincent spoke of the intention of the Nominating Committee in removing Councillors
from City committees; He stated that in speaking with the chairman of the Market Square Corporation I
this date, he was advised that the Federal Government has not made its.nomination to the Corporation as,
yet and there have been difficulties in getting a quorum to allow the ongoing work of the Corporation to
, I'
proceed, and it would be the chairman's wish that the membership remain until at least a Federal appoin~ee
has been named. Regarding the Canada Summer Games Committee, the Deputy Mayor stated that once again
there is a time factor and that the action suggested by Councillor MacCallum would have occurred as a I
matter of course in February when the Council will be requested to form the Canada Games Society, whichl
will eliminate the Summer Games Committee; He stated he is prepared to accept the intent of Councillor'
MacCallum, however, he takes some slight exception to the procedure used.
Councillor Green expressed. his disagreement with the proposed motion and spoke of the hard
work and dedication of the Deputy Mayor as a member of the Market Square Corporation and the Summer
Games Committee. Councillor Knibb stated that he does not wish that the Deputy Mayor withdraw from I
either of the committees, and although a decision was made by.Council at the last meeting otherwise, he,
still favours Council membership on City committees. During further discussion, Councillor Landers, a I :
member of the Nominating Committee, noted that.committees will be looked at individually and recommendations
submitted to Council, and he expressed his support for.the Deputy Mayor remaining on the above committe'es.
Referring to the decision of Council last week to adopt the recommendations of the Nominating Committe~,
Councillor A. Vincent stated he has never been in favour of Councillors being members of the Planning
Advisory Committee. Councillor Elliot stated he will support the motion as he favours Council members i
on City committees.
(Deputy Mayor M. Vincent withdrew from the meeting)
Councillor A. Vincent proposed a motion, which was not seconded, that the above matter be laid
on the table pending a report on all committees.
.
Question being taken, the motion was lost with the.Mayor and Councillors Elliot, Green, Knibb,
Landers and A. Vincent voting "nay".
.J
,....
. ..,~~ .
:5i~' r;
t.
On motion of Councillor A. Vincent
Seconded by Councillor Green
.'coun. M. Vin.ce t RESOLVED that a vote of confidence be given to the Deputy Mayor as a
member of the above-named committees.
I
re-zoning
'IE & P Holdings
Prop: Westmor-
land Place
I
'Barry Morrison
Saint John
Committee on
,Environment
LorneviUe
(Deputy Mayor M. Vincent re-entered the meeting)
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the application of E. & P. Holdings Limited for the re-
zoning of property at Westmorland Place, be referred to the Planning Advisory Committee for a report and recom-
mendation, and that authority be granted for the necessary advertising in this regard, with the date for the
public hearing by Council to be held on February 2nd, 1981.
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that the letter from Mr. Barry R. Morrison resigning as chairman
and member of the Saint John Committee on Environment, and as a member of the recently-established Lorneville
Study Committee, be received and filed and Mr. Morrison be thanked for his services.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the request from St. Mary's Band for a grant in the amount
'St. Mary's Ban of $2,500.00, be referred to the grants committee.
.
Scottish Enter
, prises Ltd
I
LEGAL
S E S S I 0
City Solid tor
conflict of
\interest
Legislation
. Central &
Eastern Trust
- Co.
Bui laings,
, city-owned
I
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest with respect to
the next matter .to be considered)
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from Scottish Enterprises Ltd. confirming its
desire for the City of Saint John to purchase property owned by the said company on McAllister Drive, which is
subject to .the Eastern Arterial Deferred Widening By-Law enacted by Common Council on March 31, 1980, be refer-
red to the City Manager for a report and recommendation.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the five items which had been forwarded to the Council
members as information items for this meeting, be made public at this time.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that this meeting continue, in legal session.
.:'lest,~.
(Councillor Elliot re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the City Solicitor be asked to review the existing conflict
of interest legislation affecting. the City of Saint John, and that .a teach-in be arranged for Council regarding
the proposed Provincial conflict of interest legislation.
Read a letter from the Land Committee recommending that Central and Eastern Trust Co. be advised that
their services are no longer required in the administration of the City-owned buildings, and that a policy
decision be made by Common Council on an alternate method of administering these properties. Discussion ensued
regarding the administration of City-owned properties and the service provided by Central and Eastern Trust Co.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the City advertise a call for proposals from real
estate management firms for the administration of City-owned buildings, with the terms of reference for such
call for proposals to be prepared by the City Manager.
(Councillor Landers withdrew from the meeting)
Councillor Knibb suggested that the present arrangement should continue as within the next year the
City may be disposing.of several of these properties, which were subject of a proposal call for development.
Question being taken, the motion was carried with Councillors Knibb and A. Vincent voting "nay".
Consideration was given to a letter from the City Manager reporting on the claim of Mr. Nick Halavrezos
"Nick Halavrezos of 36 Richmond Street.
I c"......""Ci<~
.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that the above matter be referred to the City Manager for a
further investigation of the circumstances surrounding the claim, and fo~ discussion by staff with Mr. Halavrezos.
During discussion of the claim of Mr. Halavrezos, several Council members took exception with the
stat~nent contained in correspondence from the City's insurers, which was submitted with the above report from
the City Solicitor, that the lateral drain from this property to the City sewer was installed in excess of
thirty years ago and caused the temporary back-up of water.
Question being taken, the motion was carried with Councillor Knibb voting "nay".
5~8
ventral & Eastern
Trust Co.
Millidgeville Estates
\ Subdivision
City Solid tor
Land' Committee
Prop: city-owned
,
\
Saint John Dry Dock
"\
Art collection
\
Budget
"""'11II
Consideration was given to a letter from the City. Solicitor with regard to the letter to
Council from Central and Eastern Trust Company, dated July 21, 1980 in which the company alleged it was
the owner of the Millidgeville Estates Subdivision, Phase III and.that the City as a result of a 1975
subdivision agreement was obligated to complete the installation of certain services, facilities an~ .
utilities, and the request of Council at its meeting of November. 24th,. 1980 that the Legal Department
report to Council respecting the actual ownership of the Millidgeville Estates Subdivision, Phase III,
advising that the subdivision agreement in question was.entered into by and between Caldo Limited and the
city on August 27, 1975 and that he .is of the opinion that the obligations and benefits accruing to Caldo
Limited via the subdivision agreement did not pass to Central and Eastern Trust and furthermore, in
summary, there is no legal obligation on the City to complete for Central and Eastern Trust Company nor j
any other person all the services, facilities and utilities outlined in.the subdivision. agreement. Mr. I
Rodgers advised that in its letter of July 20th, 1980 Central and Eastern indicates that it is the ownert- -
of the Millidgeville Estates Subdivision, Phase III as a result of the Mortgage Deed of 1978, which is ,
not correct . as .preliminary title investigations have revealed that Central and Eastern by way of the 197~ I
Mortgage Deed acquired only the lots listed in the letter, that C.M.H.C. owns a number of lots in the ;
subdivision, that there are several individuals who own lots in the subdivision, and that Central and
Eastern may have acquired a number of other lots in the subdivision as well as those indicated earlier i?
the report, but it does not own all the lots and parcels which comprise the subdivision. '
On motion of Councillor Elliot
I
I
.r
RESOLVED that Central and Eastern Trust Company be advised that the
City has no legal obligation to complete for the said company, .nor any other person, all the services, I
facilities and utilities outlined in the 1975 subdivision agreement entered into by and between Caldo
Limited and the City respecting the Mi11idgeville Estates Subdivision, Phase III, and any additional
services to this subdivision will be done at the discretion of the City.
.Seconded by Councillor Wayne
I
Question being taken, the. motion was carried with Councillor A. Vincent voting "nay".
i.
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On motion of Councillor Knibb
Seconded by Councillor Elliot
. RESOLVED that as recommended by the Land Committee, City staff be'
given permission to negotiate the sale of six City-owned lots in the South End, as shown on the submitted
plan, with Mr. Rodney Gillis, for a price Of $75,000.00 or approximately $3.00 per square foot.
.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Mr. McDermott reported on the status of the expansion of the Dry Dock as it relates to
Harbours Board properties required for such expansion.
National
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Mr. McDermott referred to items from the City's art collection which are missing, and advised;
that this matter is under investigation by the Police Department, and Council will be advised when a
report has been received in this matter.
.--
On motion
I
The meeting adjourned.
~'e"k
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twentY-I
ninth day of December, A. D. 1980, at 10.00 o'clock a.m.
present
A: R. W. Lockhart, Esquire, Mayor
.'.
Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum,
M. Vincent and Wayne
I.
- and -
.
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F.. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, J. C. MacKinnon, Commissioner of Engineer-
ing and Works, C. E. Nicolle, Director of Recreation and Parks, B. Belyea,
Budget Officer, D. French, Director of Personnel, J. Dunham, Deputy Chief
of Police, and B. Steeves, Deputy Building Inspector
Read a letter from the City Manager submitting. the Revenue.and.Expenditure Estimates for 1981; I
with comparisons for 1979 and 1980 for the current operating budget and the Water and Sewerage budget. I
The letter states that the Provincial limitation this year on. the increase in net expenditures for all I
municipalities, in line with the expected increase in Provincial revenues, is 10.5% and the Departmental
Directors were requested to hold their budgetary increases to 7% for.all items except wages and salarie~;
,
departmental budgets show. wages and salaries at the same level. as 1980, and separate provision has been'
made for funds to cover wage and salary increases for 1981 which are currently under negotiation; however,
with the commencement of major capital expenditures on Market Square, .North/South Arterial, and Canada'
Games, it was not practicable to bring in the budget within the guidelines in 1981 - expenditures in ,
excess of the guideline would normally have to be carried entirely by raising the tax rate but because 9f I.
the cost-shared nature of the capital commitments entered into by the City, the Province has indicated,
that a Stimulation Grant of $500,000. will be made available in 1981 to assist in the payment of short-
term interest and this has eased the burden on the tax rate. The letter advises that overall, the net
budget is up by 12.9%, and the proposed.rate has increased.from 1980 by 10.6%, from $1.1567 to $1.2795 '
per $100 valuation. Under major changes, .the letter notes that the requirement for funds to finance
Market Square and other major capital.projects is reflected in the .increase of Debt Services, and has
influenced the amount of budget funds available for the'normal operating departments of the City; pro-
grams. have been kept .at the same level in most areas, and in Works, Police, Fire and Recreation, servic:e
levels have been cut back, as outlined in the said letter, and except for the Stimulation Grant of
$500,000, total non-tax revenues have remained unchanged from 1980. The letter advises that the Provincial
Uncondi tional Grant percentage has .increased again for 1981 from 58.07% to 59.31% and the actual grant 'to .
the City has increased from $17,167,715 to $19,168,655, an increase of $2,000,940 or 11.7%. The municlpal .
assessment base .has increased from $1,665,482,140 to $1,717,808.990, an increase of only 3.14%, and the
warrant, which is the amount to be raised by the municipal tax rate, is $21,979,781, and when.'this is .
applied against the municipal assessment .base, a tax rate of $1.2795 per $100 assessment is required. The
City Manager recommends that the budgets, warrant and tax rate as covered by the submitted resolutions ~e
adopted. '
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,.
,,~49
.
I
I
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that the amount of $45,053,852 be adopted as the estimate required
for the operation of the City of Saint John for the year 1981 as follows:
General Government
Protective Services
Transportation Services
Environmental Health Services
Environmental Development Services
Recreation and Cultural Services
Fiscal "Services
$ 5,615,868
13,816,400
11,423,400
1,138,100
2,674,394
3,561,690
6,824,000
$45,053,852
- a more detailed breakdown of the above estimate is attached and forms a part of these minutes.
During discussion of the City's 1981 operating budget, several matters contained in the budget, and
in particular the reduction in the Police, Fire and Works Departments, the increased debt charges, the small.
increase in the tax base, and the budget of the Transit Commission,.were discussed by the Council members
present. Several Councillors stated that while they were opposed to certain aspects of the budget, and the
reduction in services, they would support adoption of the budget. The positive effects of the Market Square
project, the 1985 Canada Summer Games, and increased projected revenues .were referred to, and it was suggested
that such major projects will increase the City's tax base in the future.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the amount
for the year 1981, a mOre detailed breakdown of
of $3,905,416 be adopted as the estimate for
this estimate is attached and forms a part of
Non Tax Revenue
Non Tax Revenue
these minutes.
.
I
Budget
Unconditional
Grant
Warrant
." Tax Rate 1981
I
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.
Il..
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that the estimate of expenditure for Water Supply for the year
1981 in the amount of $4,998,400 be adopted - a more detailed breakdown of the said estimate is attached and
forms a part of these minutes.
On motion of Councillor Green
Seconded by Councillor Knibb
RESOLVED that the estimate of expenditure for Sewerage Collection and
Disposal for the year 1981 in the amount of $4,420,100 be adopted - a more detailed breakdown of the said
estimate is attached and forms a part of these minutes.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the Provincial Unconditional Grant of $19,168,655 be
incorporated in the 1981 budget.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the estimate required to be raised by levy on real property
and business assessment liable to taxation under the Assessment Act within the City for the year 1981, be
adopted in the amount of $21,979,781:
AND BE IT FURTHER RESOLVED that the rate at which. the amounts comprlslng the above estimates is to be
levied be fixed at $1;2795 on each $100 valuation of all such real property and business assessment liable to
taxation under the Assessment Act within the Municipality of The City of Saint John.
On motion
The meeting adjourned.
~~. ~
, Common Cle~ .
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifth day of
January, A. D. 1981, at 7.00 o'clock p,m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
J. Nugent, Solicitor, N. Barfoot, Assistant City Manager, J. C. MacKinnon
Commissioner of Engineering and Works, J. Gabriel, Deputy Commissioner
of Works, S. Armstrong, Deputy Commissioner of Engineering, M. Zides,
Commissioner of Community Planning and Development, M. Winch, Deputy
Commissioner of Community Planning, J. Brownell, Assistant Director of
Recreation, J. F. Ross, Chief of Police, D. French, Director of Personnel,
and R. Adams of the Real Estate Department
Reverend Kenneth Legassick of Trinity Church offered a prayer which opened the meeting.
5.50
"""IIIIl
City Solicitor
Saint John High
\ School - Gold Meda
, re- zoning
\ Prop: Westfield Rd
Moose Mtn Farms Ltd
Plan. Advis. Comm.
rel'zoning
F. Myles
Scott Bros. Ltd.
"
Plan. Advis. Comm.
Zoning 'By-Law
:"::'::_5 -
"-
MacKnight Motors
Prop: Ashburn Road
re-zoning
"
Bldg. Inspector
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that minutes of the meetings of Common Council, held on .
December 22nd and December 29th last, be confirmed.
The Mayor expressed the sincere sympathy of the Common Council. and City staff to Mr. Frank
Rodgers, City Solicitor,.on the recent death of his mother in Newfoundland.
The Mayor referred to the awards ceremony.held at Saint John High School this date, at which he
was privileged to present the gold medal on behalf of the Corporation of.the City.of Saint John, which
presentation has been made by the City since 1843, although not continuously, in recognition of academic
excellence.
.1
Councillor Wayne asked that four items which had been forwarded to the Council members as
information items, be added to the Council agenda for consideration. The Mayor suggested that such
matter be dealt with following completion of the regular Council agenda,
Regarding the proposed re-zoning of a parcel.of land containing 60,000 square feet, with a I
frontage of 200.feet on the eastern side of Westfield Road, approximately 400 feet north of Lawrence Long
Road, being the northwestern part of parcel identified a.s L.R.I.S. Numbe.r 426742, .from "RS-2" One- and :
Two-Family Suburban Residential to "B-2". General Business classification, to permit deveiopment of a 3,600
. . I
square foot one-storey convenience store with gas bar, as requested by Moose Mountain Farms Ltd., the \
Common Clerk advised th;'t a. letter has been received from Mr. F. Myles of Scott Bros. Ltd., advising thatl
they no longer require the re-zoning of the said property, and request that the said matter be cancelled.:
I
i
I
I
I
I
I
I
It was noted that by letter dated December 17th, 1980, the Planning Advisory Committee recom-
mended that the application not be approved as the Committee is of the opinion that there are sufficient
convenience stores and gas bars in the area, and that the proposed establishment could make it very
difficult for existing stores to survive economically.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that as requested by Mr. F. Myles of Scott Bros. Ltd.,
the application for re-zoning of property on the eastern side. of Westfield Road, be cancelled.
.
On motion of Councillor.Landers
. Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee
regarding the above proposed re-zoning be received and filed.
The Common Clerk advised that the necessary advertising was completed with respect to amending
Section 146A(2) of the Zoning By-Law so that this section shall.not be applicable to properties affected I
by a resolution of Common Council enacted under Section 39 of the Community Planning Act, and that no
written objections were received in this regard. No persons were present with respect to the proposed
amendment. .
I
~onsiConsideration was given to the letter from the Planning Advisory Committee, dated December 4th,
1980, advising that the Committee considered the amendment to the Zoning By-Law which was proposed by the
City Manager, (Which proposed amendment is necessary in order for MacKnight Motors to comply with the
eleven conditions which were imposed as part of the re-zoning of property on Ashburn Road) and even though
the Committee did not support the re-zoning of the MacKnight property, it noW recommends the amendment to
the Zoning By-Law as proposed by the City Manager in his report dated November 21st, 1980.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law
of the City of Saint John and Amendments Thereto", to provide that subsection (2) of Section 146A shall
not be applicable to properties affected by a resolution of Common Council enacted under Section 39 of th~ .
Community Planning Act, be read a first time.
Councillors Landers and Denton expressed their opposition to the proposed amendment, and noted
that Mr. MacKnight had proceeded to erect a building on this property without obtaining a building permitl
Councillor A. Vincent asked if Mr. MacKnight made application for a building permit for the building in
question, and if he paid the permit fee, and. received an official receipt for such fee, prior to staff
discovering the need for the proposed amendment under consideration. Mr. Winch stated he would presume
the building permit fee was paid when application for the permit was made to the City. Councillor A.
Vincent suggested that the Building Inspector should have been present at this meeting to answer such
questions.
I
On motion of Councillor A. Vincent
. Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table until the
Building Inspector is present.
Question being ~aken, the tabling motion .was lost .with the .Mayor and Councillors Elliot, Gould"
Knibb, MacCallum, M. Vi';cent and Wayne voting "nay".
I
Councillor Landers asked if any disciplinary action is going to be taken against staff who
totally ignored the law, knowing that the said building was being erected. Councillor Elliot noted that '
Council has a procedure where matters involving personnel are to be discussed in Committee of the Whole.
Regarding the query of Councillor Landers, Mr. .McDermott stated that he will check into this matter and
advise. Councillor Wayne noted that the Building .Inspector had given.Council an explanation of this
matter in Committee of the Whole. Councillor A. Vincent stated that he will not attend Committee of the
Whole meetings, and he also referred to an .advertisement in the local newspaper this date, for which the
City Manager did not receive approval in open session of Council. Councillor Knibb asked that the Mayor
rule such discussion of personnel out of order. The Mayor stated that while the comments of Councillor A,
Vincent with regard to an important oversight of the Building Inspector is germane to the discussion, he
is not in a position as chairman, to entertain a motion to take disciplinary action.
.
Question being taken, the motion was carried with the Mayor and Councillors Denton, ..Landers and'
A. Vincent voting "nay".
....
,..
;.551
Plan. Advis. Co
'the above proposed
.
re-zoning
I
I
re-zoning
.
I
.
I Plan. Advis Com
, John MacWilliam
Hockey Camp
Stewart Hurley
,
Arena
I
S.J. Figure
" Skating Club
.
, D. Hatfield Ltd
...
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", to provide that subsection (2) of Section 146A shall not be
applicable to properties affected by a resolution of Common Council enacted under Section 39 of the Community
Planning Act, be read a second time.
Councillor M. Vincent asked that information regarding the queries posed by Councillor A. Vincent
regarding the building permit fee be brought forward prior to third reading of the proposed Zoning By-Law
amendment.
Question being taken, the motion was carried with the Mayor and Councillors Denton, Landers and A.
Vincent voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
anci Amendments Thereto".
On motion of Councillor Gould
Seconded
by Councillor Wayne
RESOLVED that
amendment be received and filed.
the letter from the Planning Advisory Committee regarding
The Common Clerk advised that the necessary advertising was completed with respect to amending Parts
XIII A and XIII B, "IL-l" Neighbourhood Institutional and "IL-2" Major Institutional zones' regulations, to
include all uses allowed in the Neighbourhood Institutional zone in the Major Institutional zone; to allow
"public schools, kindergartens, nurseries or daycare centres" in the Neighbourhood zone; to remove the restric-
tion of uses in institutional zones being required to locate on arterials or collectors; and to correct typing
errors in Sections 98AC, 98AE, 98AF, and 98AG of the Zoning By-Law, and that no written objections were received
in this regard. No persons were present with respect to the proposed amendments.
It was noted that by letter dated November 19th, 1980, the Planning Advisory Committee recommended
the above proposed amendment to the Zoning By-Law.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto" to amend Parts XIII A and XIII B, "IL-l" Neighbourhood Institu-
tional and "IL-2" Major Institutional zones' regulations as follows: (a) amending subsection (e) of Section 98B
to read "a public school, kindergarten, nurseries or day care centres."; (b) amending Section 98E to read
"SUbject to Section 98c(2) no main building..."; (c) deleting Sections 98H and 98AH; (d) amending Section 98AB
by adding "(h) uses permitted in an "IL-l" zone under Section 98B."; and (e) amending Sections 98AC, 98AD, 98AE,
98AF and 98AG by deleting reference to Section "188" and substituting reference to Section "98" -- be read a
first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of 'Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto" to amend Parts XIII A and XIII B, "IL-l" Neighbourhood Institu-
tional and "IL-2" Major Institutional zones' regulations as follows: (a) amending subsection (e) of Section 98B
to read "a public school, kindergarten, nurseries or day care centres."; (b) amending Section 98E to read
"subject to Section 98c(2) no main building..."; (c) deleting Sections 98H and 98AH; (d) amending Section 98AB
by adding "(h) uses permitted in an "IL-l" zone under Section 98B."; and (e) amending Sections 98AC, 98AD, 98AE,
98AF and 98AG by deleting reference to Section ".188" and substituting reference to Section "98" -- be read a
second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed amendment be received and filed.
At this time Mr. John MacWilliams made a presentation to Council regarding his proposal to operate a
Summer Hockey Camp at the Stewart Hurley Arena, for the period July 13th to September 6th, 1981, as outlined in
detail in a prepared brief, copies of which had been forwarded to the Council members. Mr. MacWilliams out-
lined his proposal and advised that he is prepared to rent the Arena on a cost use basis and to negotiate with
the Recreation Department staff and enter into a written contract in that regard. He submitted letters from
the Presidents of the three local minor, hockey associations, in support of his proposal.
Following the presentation, discussion ensued between the Council members, Mr. MacWilliams, and Mr.
Brownell, regarding the proposed Summer Hockey Camp, during which it was noted that accommodations would have
to be made for the Saint John Figure Skating Club and other hockey schools, which normally operate at the
Stewart Hurley Arena. Mr. MacWilliams noted that he has received verbal agreement from the District 20 School
Board for use of the swimming pool and gymnasium facilities at the Simonds High School, by the proposed hockey
camp. Following further discussion, the Mayor thanked Mr. MacWilliams for his presentation and advised that
Council will render a decision regarding his request, later in the meeting.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED
for payment of the following invoice, namely:-
D. Hatfield, Ltd. - (WorkS) equipment rental
that as recommended by the City Manager, authority be granted
December 1-15, 1980
$ 32,159.60
552
~
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that as requested by the City Manager, approval be granted .
Appraisals (Fundy)Ltd for payment of the invoice from Appraisals (Fundy) Ltd., in the amount of $14,941.00 in connection with'
the proposed expropriation of the Courtenay Bay Causeway lands.
1
North/South Arterial
Parking
,Cliff St
\
Tender accepted
,LaHave Equipment
,brush chipper
,
Tender accepted
Jos. A. Likely Ltd
concrete pipe & man-
\ hole sections
\
S. J. Bicentennial In
Board of Directors
.policy
Recreation & Parks
Progress payments
-Concrete Work
Maritime Formless Ltd
"-
Robertson Square
Maritime Sod Limited
\
Forest Hills Ballfiel
Maritime Sod Limited
,
Councillor A. Vincent asked. that he be supplied with a copy of the above appraisal.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter.from. the City Manager, reporting On
property acquisition costs for the North/South Arterial, as requested by Council on December 22nd, 1980,'
be received and filed.
I
During discussion of the above matter, Mr. Adams advised that 24 properties were included in
the original estimated cost, however, due to e~gineering design changes, it was necessary to acquire 18
additional properties for this project.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the joint letter from the City Manager, Commissioner
of Engineering and Works, and Traffic Engineer, regarding Common Council resolution of December 22nd,
1980 which approved changing the regulations on Cliff Street to allow unrestricted parking' as requested
by the residents, recommending that the submitted amendments to the Traffic By-Law be referred to the
Legal Department for appropriate action, be received and filed and the recommendation adopted.
I
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager, the tender
of LaHave Equipment, in the amount of $11,988.00 be accepted for supplying one brush chipper for the
Engineering and Works Department.
.
Councillor A. Vincent questioned the need .for the City purchasing the above equipment.
Question being taken, the motion was carried with Councillor A. .Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of
Jos. A. Likely Ltd. for supplying concrete pipe and manhole sections for 1981, be rejected, and the said
tender be awarded as recommended in the submitted bid summary.
On motion of Councillor Elliot
I
Seconded by Councillor Denton
RESOLVED.that the letter from the City Manager, submitting a
letter received from the Saint John Bicentennial Inc. recommending names for nomination to its Board of
Directors, recommending that these names be referred to the Nominating Committee for consideration and
action -- be received and filed and the recommendation adopted.
On motion of Councillor Knibb
Seconded by Councillor Elliot
RESOLVED that the joint letter from the City Manager and Director
of Recreation and Parks, submitting a copy of policies which will form a basis for assisting various
groups organized for the purpose of providing recreation for their own benefit and/or for the benefit of
others within the City of Saint John, be received and filed.
.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended gy the City Manager, authority be
granted for payment of the following construction progress certificates, nam~ly:-
1. Concrete Work 1979 (Carryover)
Maritime Formless Ltd.
Concrete curb and sidewalk construction
Current budget allotment
Total work done, Estimate Number 14
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 22,1980
$ 384,797.20 I
382,035.00
723.50
369,996.28
14;
$ 11,315.22
$ 98,500.00 I
96,417.Bo
7,017.50
48,145.46
3,
$ 4l,254.84
2.
Robertson Square
Maritime Sod Limited
Landscaping
Original estimated value. of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated December 29, 1980.Partial Holdback Release
3.
Forest Hills Ballfield
Maritime Sod Limited.
SOdding
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated December 29; 1980 Partial Holdback Release
$ l , 726 . 51
$ 20,960.00
15,479.60
251.93
13,501.16
.
~
,.
~53
"Queen & Victori 4. Queen and Victoria Squares
Squares Maritime Sod Limited
eMaritimeSOd Lt Site development
Current budget allotment $ 120,648.00
Total work done, Estimate Number 5 118,137.22
Retention 1,019.76
Payments previously approved 110,514.06
Sum recommended for payment, Progress Estimate Number 5,
dated December 23, 1980 Partial Holdback Release $ 6,603.40
Queen Square Tr e 5. Queen Square Tree Planting
Planting Maritime Sod Limited
'Maritime Sod Lt Tree planting
I Original estimated value of contract $ 10,360.00
Total work done, Estimate Number 2 10,360.00
Retention Nil
Payments previously approved 8,806.00
Sum recommended for payment, Progress Estimate Number 2,
dated December 30, 1980 Final Holdback Release $ 1,554.00
,Barnhill School 6. Barnhill School Ballfield
Ballfield Maritime Sod Limited
I 'Maritime Sod Lt Landscaping
Current budget allotment $ 53,861. 50
Total work done, Estimate Number 3 53,861. 50
Retention Nil
Payments previously approved 46,982.27
Sum recommended for payment, Progress Estimate Number 3,-
dated December 23, 1980 Final Holdback Release $ 6,879.23
" Rockwood Park 7. Rockwood Park
\ Maritime Sod L t Maritime Sod .Limited
. Current budget allotment $ 6,928.50
Total work done, Estimate Number 2 6,928.50
Retention Nil
Payments previously approved 6,720.64
Sum recommended for payment, Progress Estimate Number 2,
dated December 24, 1980 Final Holdback Release $ 207.86
Champlain
" monument
'Jaycees
l'Insurance
Commercial Unio
, Assurance Co.
City Solicitor
re-.zoning
185 Golden Grov
Rd
,Douglas Mitton
.
I Municipal
By-Law
Plan
I
.
ll.
The Mayor stated that the Champlain monument in Queen Square requires cleaning. He advised that the,
Jaycees have offered to assist in any minor cleanups for the coming year as part of one of their public service
projects for the community.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager and Commissioner of
Finance, the City's 1981 fire, fleet and comprehensive liability insurance coverage be renewed on the basis
shown in the submitted summaries, with the Commercial Uni6n Assurance Company.
Question being taken, the motion was carried with Councillor Landers voting "nay".
On motion'of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor regarding the proposed
re-zoning of property at 185 Golden Grove Road, as requested by Mr. Douglas Mitton, and with particular refer-
ence to the recommendation of the Planning Advisory Committee that the re-zoning be subject to the Legal
Department's being satisfied that the existing three unit dwelling will conform to the Zoning By-Law, advising
that it is his opinion that Section 197 of the Zoning By-Law can be applied to the application presently before
Council if certain conditions set out in Section 197 were met at the time of the conversion, including: (1) the
structure must have been erected prior to 1930 as a one- or two-family dwelling; (2) conversion to a three-
family dwelling must have taken place while the property was zoned "RS-2" prior to November 1976; and (3) the
conversion must have met the specific conditions set out in Section 197 respecting such matters as area, size
of the units, height of any additions resulting from the conversion, etc; further advising that if the above
noted conditions were not adhered to when the conversion took place, then Section 197 in his opinion cannot be
utilized and an "RS-2" zoning will not allow Mr. Mitton to enlarge his building as it would still be a non-
conforming use, and the real issue is whether or not Mr. Mitton can establish that the conversion took place in
conformity with the provisions of Section 197 to the satisfaction of the Development Officer or his designate,
and before Council gives third reading, the Planning staff should inform Council if the requirements of the
Section as outlined previously have been met to their satisfaction -- be received and filed:
AND FURTHER that the by-law entitled, "A Law to.Amend the Municipal.Plan By-Law of the City of Saint
John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to reclassify the western
portion of a parcel of land identified as civic number 185 Golden Grove Road (L.R.I.S. Number 312116) from
Light Industrial to Low Density Residential, be read a third time and enacted and the Corporate Common Seal
affixed thereto.
Prior to adoption of the above motion, Mr. Winch stated that Planning staff is now satisfied that the
conversion of the above building has taken place in conformity with the Zoning By-Law.
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
ments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments. Thereto':, insofar as it concerns rezoning the western portion of a parcel
of land identified as civic number 185 Golden Grove Road (L.R.I.S. Number 312116) from "1-1" Light Industrial
to "RS-2" One- and Two-Family Suburban Residential classification, be read a third time and enacted and the
Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
55~
""'lIl
\
Water
Law
& SEwerage By-
Market Action Com.
\
City Market Com.
\
City Market
\
Lorne Enright
Deputy Market Clerk
,
Band Parents Assoc
'School District #20
,
P. M. Daniels
Cd~. Junion Men's
Curling Championship
\ .
First L.D.H. Ltd
\
Market Action Com.
"
T. S. Fenwick
~
I
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that third
and Sewerage By-Law be laid on the table for one month.
reading of the proposed amendment to the Water
,
.
Question being taken, the tabling motion was carried.
(Councillor Gould withdrew from the meeting)
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
I
The Committee of the Whole
reports
I
I
1980 when there were present!
M. Vincent and Wayne, and I
Your Committee begs leave to report that it sat on December 22nd,
Mayor Lockhart and Councillors Elliot, Green, Knibb, MacCallum, A. Vincent,
your Committee submits the following recommendations, namely:-
L
.That the following recommendations of the Market Action.Committee be adopted, namely:-
I
(a) that the City Market Committee be abolished;
(b) that the City of Saint John call for proposals for companies to operate the Market, the respons~-
bility of the company hired being to collect all rent., lease the stalls, hire the staff to maintain the
building and handle the promotion of the market;
(c) that the Common Council establish a policy of spending money over a five-year plan to improve
and repair the building;
(d) that until such time as a firm is hired to manage the Market, that Mr. Lorne Enright, Deputy
Market Clerk, be given full authority to rent stalls on a month-to-month basis and handle the affairs of'
the Market that are presently handled by the Market Committee.
.
2. That with regard to the request of the Band Parents Association of School District Number 20
for a grant of $1,000.00 to assist in having the various bands attend local, regional and other compe-
titions, the Association be advised that while the City is interested in the development of young musicians
and is prepared to assist when the time is appropriate, the Council would like to see during the course
of the next year further developments in this regard, and in the meantime Council will be referring this'
matter to the Bicentennial Committee.
3. That the request from Mr. P. M. Daniels, chairman.of the Host Committee for the 1981 Canadian
Junior Men's Curling Championship to be'held at the Riverside Country Club from February 14th to 21st,
1981, for a grant in the amount of $1,500.00 to cover the cost of a dinner for this national championship,
be denied.
I
4. (a) That the City of Saint John provide a loan of $228,100.68 to First L.D.H. Ltd., such loan to be
advanced as follows: !
(i)
(ii)
(iii)
$80,000 on or before December 31, 1980;
$80,000 on or before January 31, 1981; and
the balance of $68,100.68 on or before January 31, 1982;
that First L.D.H. Ltd. pay the property tax arrears to the Province; and that the second mortgage of.
$125,798.08 presently held by the City of Saint John be increased to $353,898.76.
(.b) That the Secretary of First L.D.H. Ltd: be requested to have a shareholders meeting called at
the earliest possible date,. and that he be given a proxy .to vote for the purpose of re-appointing the
Board of Directors.
.
Saint John, N. B.,
5th January, 1981.
Respectfully submitted,
(sgd.) A.R. W. Lockhart,
'Chairman.
On motion of Councillor.Landers
Seconded by Councillor Elliot
RESOLVED that section 1 of the above report be adopted.
I
(Councillor M. Vincent withdrew from the meeting)
During discussion of the recommendations of the Market Action Committee, Councillor Landers
stated he has been advised by the City Solicitor that an amendment to the present Market By-Law is not
required to give effect to the above proposed changes. Councillor Denton made reference to an article in
the local newspaper this date regar~ing the ceasing of operation of the T.. S. Fenwick stall in the City
Market due to conditions in the buiiding, and he suggested that the .conditions cited are due to the
weather conditions being experienced in .the City, and that the lack of business cited by Mr. Kenneth
Fenwick is due to the lack of time spent in the operation of this stall. Councillor Landers stated he
has been informed that another party has purchased the Fenwick business. It was noted that Mr. Enright
will nOw be making recommendations directly to Common Council for the lease of stalls in, the City Market,
on a month-to-month basis. Councillor A. Vincent stated he cannot support hiring a firm to operate the
City Market, as he feels we have employees capable of this job. He referred to the present condition of
the Market building, and suggested that in order to generate more people in this facility, pedestrian
ramps should be constructed from City Hall to Brunswick Square, and from this shopping mall to the Market
building.
I
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting
"nay".
On motion of Councillor Knibb
.
Seconded by Councillor Elliot
RESOLVED that .section 2 of the above report be adopted.
~
,...
.~' ,_.. .
. ..
55S
, '
.
I
" re- zoning
Manawagonish Rd
, Carvell Pit
\ Jos A. Likely
Ltd
I
zoning condi~
tions
.
I Plan. Advis Com
\ Jos. A. Likely
Ltd
, Subdi vis ion
Land Committee
314 Rockland Rd
.'Charles Stevens
North/South
\ .
Arterlal
I Land Committee
174 Queen St
, Mrs. Fred Walsh
Land Cornmittee
1174 Pitt St
, Wi 11 iam Bynoe
Land Committee
City Solicitor
Expropriation
"Brian & Janet
Johnson
.North/south
.......Arterial
lro.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that section 3 of the above report be adopted.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that section 4 of the above report be adopted.
(Councillors Gould and M. Vincent re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Ameod the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning an approximately 25 acre
parcel of land located on the southerly side of Manawagonish Road, known as the Carvell Pit (L.R.I.S. Number
55005151) from "RF" Rural to "R-2" One- aod Two-Family Residential classification, subject to a resolution of
Common Council pursuant to Section 39 of the Community Planning Act which shall provide that no building
permits shall be approved until a subdivision plan for all of the property is approved and filed, aod the
necessary services and improvements have been completed, be read a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By:"'Law of the City of Saint John
and Amendmeots Thereto".
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of'
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoniog an approximately 25 acre
parcel of land located on the southerly side of Manawagonish Road, known as the 'Carvell Pit (L.R.I.S. Number
55005151) from "RF" Rural to "R-2" One- and Two-Family Residential classification, subject to a resolution of
Common Council pursuant to Section 39 of the Community Planning Act which shall provide that no building
permits shall be approved until a subdiv1s{on plan 'for all of the property is approved and filed, and the
necessary seryices and improvements have been completed~ be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the Planning Advisory Committee, Common
Council assent to the subdivision of Joseph A. Likely Limited on the south side of Manawagonish Road, with
regard to the vesting of the streets and land for',public purposes as shown on the tentative plan, subject to
the City and developer entering into a subdivision agreement which shall provide, amongst other matters, for
the following: (a) the developer shall construct all streets and install all services in accordance with the
Subdivision By-law; (b) the developer shall prepare the necessary engineering drawings and a detailed grading
plan which shall be approved by the Commissioner of Engineering and Works; (c) the developer shall engage a
qualified soils engineer to. supervise and ensure the grading. of the property; and (d) the land for public
purposes shall be graded and grassed in accordance with the requirements of' the Recreation and Parks Department.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, a portion of the
property situate at 314 Rockland Road, containing an area of 312 square feet which is required for construction
of the North/South Arterial, be purchased from Mr. Charles Stevens for the sum of $700.00, providing: (a) that
the purchase price of $700.00 will include any costs related to the removal of the clothes pole located on the
property to be acquired; and (b) that if the fence or portion of' it has to be removed the City will assure
that the property is properly enclosed by connecting the fence they are to erect along the new property line
to the remaining portion of Mr. Stevens' fence; and that the Mayor and Common Clerk be authorized to execute
any and all documents pertaining to this transaction.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in property situate at 174 Queen Street to Mrs. Fred Walsh, for the
sum of $2,550.00.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in property situate at 174 Pitt Street to Mr. William Bynoe, for the
sum of $2,000.00.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the City Solicitor's
office be authorized to commence expropriation proceedings to acquire the fee simple absolute interest in the
land shown as Part "X" on a plan entitled "Plan of Survey, Brian Johnson and Janet Johnson Property" dated the
23rd day of September, 1980 and prepared by Murdoch Lingley Limited, the purpose of the expropriation being
for the construction of a portion of the North/South Arterial, so-called, which consists of five traffic
lanes, a median, two curbs, two gutters, two sidewalks, two boulevards and providing for street lights, traffic
signs, electrical services, telephone services, storm sewers, sanitary sewer, watermain and slope for fill,
and that the Mayor and Common Clerk be authorized to execute any and all documentation re~uired in the exprop-
riation.
;rJ \..-:jG~
556
"""'IIIIl
\
Counc. MacCallum
garbage removal
\
\
Counc. MacCallum
'Counc. M. Vincent
Plan7~Advis. Com.
Councillors. one'-:~-i;:;..~
':;cityccommittee .
\(policy re above
see page546)
M. Barry Roderick
'Oland Breweries Ltd
,Saint John Utility
Fund
Water & Sewerage By-
, Law
\
Somerset Park Home-
owners Inc
sidewalk
"'
C.O.I.L. Inc
~
Gerald B.Lawson
"
David M. Lunney &
Associates Ltd
"
Liquor licenses
"
Minister of Transport
S. J. Airport
"
Hockey Camp
John MacWilliams
,
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that the letter from Councillor MacCallum regarding
garbage removal in the central district of the City, be received and filed.
Prior to adoption of.the above motion, ,Mr. MacKinnon referred to the complaints received by
Councillor MacCallum regarding garbage removal in the central district during the past week, and advised
that when it was learned that several residents had placed their garbage on the street for removal on
Tuesday rather than Wednesday (as had been advertised by the City) staff decided to remove any garbage
left out on that date, however, the garbage was again collected on Wednesday during regular working
hours, with any remaining garbage in this are being collected on Friday, January 2nd.
On motion of Councillor MacCallum
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor MacCallum regarding
statements made by Deputy Mayor M. Vincent on. radio station C.H.S.J., be received and filed.
.
I
Councillor M. Vincent referred to his remarks to the press, as referred to in the above letter:
from Councillor MacCallum, and stated that .the intent .of the Nominating Committee recommendations, whic~
were adopted by Council, was that the policy of removing Council members.from the Planning Advisory !
Committee, would be implemented when such positions were filled by the appointment of citizens, and he .' I
noted that such intention was recorded, in the minutes of the meeting of Council held on December 15th I.'
last. Councillor Wayne stated that due to the wording of the recommendation of the Nominating Committee,
in this regard, the chairman of the Planning Advisory Committee advised the Council members they were nol
longer on the Planning Advisory Committee. She suggested that the December 15th Council resolution '
should be amended to eliminate the word "forthwith", to clarify the intent of the Nominating Committee
for the record. Councillor A. Vincent noted that it is the Common Council which makes appointments to
the Planning Advisory Committee.
On motion of ' Councillor Denton
Seconded by,Councillor Elliot
RESOLVED that the letter from Mr. M. Barry Roderick on behalf of
Oland Breweries Limited regarding the Saint John Utility Fund and the proposed amendment to the Water
and Sewerage By-Law, be laid on the table. for one month and referred to staff in the interim.
Question being taken, the tabling motion was carried.
Councillor A. Vincent asked that he be supplied with information given to Council members in
Committee of the Whole regarding water consumption in the City. Councillor Knibb noted that a committee
of Council is being appointed in this regard. Councillor A. Vincent suggested that Councillor Green
should be a member'of such Council committee.
(Councillor Landers withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor'Elliot
RESOLVED that the letter from Somerset Park Homeowners Inc.
requesting construction of a sidewalk on Somerset Street Extension, between Lime Kiln Road and Churchill
Boulevard, be referred for consideration in the 1981 capital budget.
On motion of Councillor Elliot
Seconded by Councillor Wayne
. RESOLVED that the letter from Centers Offering Independent Life-
styles Inc., seeking Council's assistance in locating a suitable piece of land for a group facility for
physically disabled young adults, be referred to the City Manager for discussion with the Land Committee,
to ascertain if an appropriate site might be suggested for such facility, and for a report and recommen-
dation to Council.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that the letter from Mr. Gerald B. Lawson regarding
property of David M. Lunney & Associates Ltd. at Red Head, be referred to the City Manager for a report
and recommendation at the next meeting of Council.
(Councillor Landers re-entered the meeting)
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the notices from the Liquor Licensing Board regarding
the hearing of the following applications: (a) Eastern Food Services & Management Ltd., lounge license i
at Saint John Airport Restaurant; (b) Brunswick Square Ltd., lounge license at One Brunswick Square; and
(c) Brunswick Square Ltd., dining room license at One Brunswick Square, be received and filed.
On motion of Councillor .Landers.
Seconded by Councillor MacCallum
RESOLVED that a letter be forwarded to the proper Ministry of
Transport officials requesting that the services at the Saint John Airport be upgraded to include a
licensed lounge facility.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that staff be instructed to make every effort to see
if arrangements can be made to accommodate the Summer Hockey Camp proposed by Mr. John MacWilliams, and
submit a report to Council in two weeks' time.
,;n
.
I
.
I'
I
.
...,j
,.
- ~5;5 7
."
Eric L. Teed
,street lighting
I
Min.-. Municipal
, Affairs
Community
Services Grant
, Program
I
Bldg. Inspector
Wellington Arms
, Hate 1
.
LEG A L
S E S S ION
Appointments
Nominating Com.
Counc. Knibb
Counc. Elliot
Counei Denton
" Irving
I Land Committee
'Canada Summer
Games
.
I
I
\ brush chipper
.
lr...
~~~\_~;i '
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. Eric L. Teed, suggesting that consider~-;
ation be given to a policy of having street lighting reduced or terminated whenever a major power blackout
takes place, if such reduction in power consumption would assist the Power Commission officials in restoring
full power, which letter. had been forwarded to the Council members as an information item, be referred to the
City Manager.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the letter from The Honourable Horace B. Smith,
Provincial Minister of Municipal Affairs, regarding the resolution passed by Common Council to request infor-
mation regarding Federal financial assistance programs which will be set up to replace the Community Services
Grant Program, advising that he will continue to press for Federal assistance in the development of municipal
capital works especially in the field of water and sanitary sewer utilities, which letter had been forwarded to
the Council members as an information item, be made public at this time.
(Councillor Gould withdrew from the meeting)
Discussion ensued regarding items forwarded to the Council members for information purposes, and
particular reference was made to the report .from the Building Inspector to the City Manager regarding the
Wellington Arms Hotel, which had been forwarded as an information item for this meeting. Councillor Wayne
stated that such matter should have been placed on the regular Council agenda by the City Manager, as the
matter had originally been raised as the result of a letter from the Central Business Development Corporation
to the Common Council. Mr. McDermott stated that following receipt of the said report from the Building
Inspector, he ascertained that the Fire Chief has the power of the Provincial Fire Marshal in the City, and
therefore it was not necessary to proceed with the recommendation contained in the letter from the Building
Inspector. It was suggested that such information should have been communicated to the Common Council.
Prior to the regular meeting, the Council met in Legal Session when there were present Mayor Lockhart
and Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, M. Vincent and Wayne.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that as recommended by the Nominating Committee, Councillor
Knibb (chairman), and Councillors Elliot and Denton be appointed to the special committee to carryon negotia-
tions with the Irving interests for the following purposes: (aJ to work with the City Manager to negotiate an
agreement .with respect to water rates after the present agreement expires in October 1983; and (b) to work with
the City Manager to resume negotiations for settlement of the deficiency charges.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Land Committee regarding the
Canada Summer Games facility, be laid on the table until the next meeting.
On motion
The meeting adjourned.
~.~
r Common Cl .
1
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twelfth day of
Ja.nuary, A. D. 1981, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. N. Barfoot, Assistant City Manager, R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissioner of Engineering,
J. Gabriel, Deputy Commissioner of Works, M. Zides, Commissioner of
Community Planning and Development, M. Winch, Deputy Commissioner of
Community Planning, D. Wilson, Deputy Commissioner of Finance, C. E.
Nicolle, Director of Recreation and Parks, D. French, Director of
Personnel, J. F.Ross, Chief of Police, J. Johnson, Building Inspector,
R. Thompson, Chief of Rehabilitation Services, M. Hanlon, Purchasing
Agent, G. Soucy, Labour Relations Officer, K. Galbraith, Administrative
Assistant to. the Mayor, and R. Adams and T. Shuve of the Real Estate
Department
Captain Charles Young of the Salvation Army offered the opening prayer.
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that minutes of the meeting of Common Council, held on January
5th last, be confirmed.
Regarding the purchase of a brush chipper which was approved at the last Council meeting, Councillor
Wayne stated that since that time she has learned that a tree chipper, which costs the same as a brush chipper,
is, more efficient and more productive than the equipment approved for purchase. Mr. MacKinnon agreed that he
would report at the next Council meeting in this regard. Councillor A. Vincent asked that the order not be
placed for the equipment approved at the last meeting, until the matter is again considered by Council.
558
~
\
D. Hatfield, Ltd
Chitticks Sand &
Gravel
\
"-
Progress Payments
\
Barnhill School Ball- 1.
field
Maritime Sod Limited
\
\
Tender accepted
B. F. Goodrich Ride
, Centre
,tires
\
Rumble Equipment Ltd
sewage pumping stn.
,Rothesay Ave.
\
C.M.H:C:...
R.R.A.P.
,
'\
Agreement
'Environment N. B.
'Hazen Creek Sewage
Treatment Project
,
MacKnight Motoi~ Ltd
Bldg. Inspector
The Mayor spoke of the extreme weather conditions experienced in the City this winter, and
commended City staff for the excellent job they have done in these adverse conditions.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following invoices, namely:-
D. Hatfield, Ltd. - (Sanitation) equipment rental
- (Sanitation) equipment rental
Chitticks Sand & Gravel - supply of sand, gravel
October 16-31, 1980
November 16-30, 1980
December 1-15, 1980
$ 5 ,712 . 00
$ 8,936.64
$ 10,590.09
During consideration of the above invoices, Councillor Wayne questioned the invoices of D.
Hatfield, Ltd., which are charged to garbage collection, and regarding the invoice of Chitticks, she
stated she understands that due to equipment failures, the City has not been receiving screened gravel
for several weeks. During the discussion, it was noted ~hat the number of vehicles rented by the City
are not being shown on the invoices submitted for payment for equipment rental.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that payment of the above invoices be laid on the table
pending a report from,the Commissioner of Engineering and Works.
Question being taken, the tabling motion was carried.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that.as recommended by the City Manager, authority be ' ,
granted for payment of the following construction progress certificate, namely:-
Barnhill School Ballfield
Maritime Sod Limited
Landscaping
Current budget allotment.
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated January 7, 1981
.
. .
I
I
.
$ 53,861. 50
62,063.25
Nil
53,861. 50
$ 8,201. 75
Mr. MacKinnon reported that the increase in the above project was a delayed extra from 1979
which included drainage and additional landscaping required by the School Board.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, the bids
submitted by B. F. Goodrich Ride Centre be accepted for supplying the City's tire requirements for the
year 1981.
On motion of Councillor Knibb
Seconded.by Councillor Wayne
RESOLVED that as recommended by the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, Council approve the purchase.of one variable
speed drum from Rumble Equipment Limited, Toronto, at a cost of $5,815.00, plus taxes and freight, for
the Rothesay Avenue Sewage Pumping Station.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager, submitting a
copy of a letter received from Mr. L. Holman, Manager, Saint John Branch, Canada Mortgage and Housing
Corporation, complimenting staff on the excellent work they have done with respect to the Residential
Rehabilitation Assistance Program during 1980, be received and filed.
Mr. Thompson stated that the problems previously experienced in expending the allotment under
the R.R.A.P. programme were due to changes by C.M.H.C: where funding was previously only provided for
owner-occupied and owner-occupied plus one tenant, properties. He stated that he will be submitting a
report at the next meeting of Council providing details of the actual number of properties under the
Programme iri the various areas and .the funding expended.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, submitting a
grant agreement providing for the payment of $267,172.49 for the next fifteen years from Environment
New Brunswick for the Hazen.Creek Sewage Treatment Project, and recommending that the Mayor and Common
Clerk be authorized to execute this agreement on behalf of the City -- be received and filed and the
recommendation adopted.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager and Commissioner
of Finance, submitting a sequence of events in reply to Councillor A. Vincent's inquiry concerning the
application for a building permit by MacKnight Motors Limited, be received and filed.
Councillor Landers asked the Building Inspector if the building referred to in the above
letter was erected without a building permit with the knowledge of the Building Inspector. Mr. Johnson
gave affirmative reply. Councillor A. Vincent referred to .the fact that fees for building permits are
paid to the City at the time a .citizen makes application, and he suggested that the building in question
could not be erected for the priced stated in the application. Mr. Johnson stated that the application
was reviewed and the building was purported to be made of used material and he considers the stated
cost reasonable in the circumstances. Mr. Johnson advised that it is stated in the application form
that the form is not a permit and work is not allowed to be commenced until the actual building permit
is issued.
I
.
I
I
.
...4
I"'"
,5.59
.Tender aceepted
, Johnson Const.
North/South
, Arterial
1
I. \ Bond Issue
'C.M.H.C.
Wi 11 ie Avenue
\ Standpipe
.
I
\ k'
.' Broo v111e
Torryburn
, sidewalks
.
, Gerald_B. . Lawson
, David M. Lunney
&.Associates Ltd
I
I
'\. equipment,
I"" J rental &
. standby time
.
lIr...
On motion of Councillor Kriibo
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of Johnson
tdConstruction Limited, in the amount of $1,629,831.50, be accepted for construction of Stage I of the North/South
Arterial, namely, the construction of a street from Paradise Row at the Throughway Overpass to Somerset Street
and including grading, paving, lighting, etc., being the lowest tender received.
In reply to a query from Councillor A. Vincent, Mr. MacKinnon listed the sub-contractors contained
in the tender of Johnson Construction Limited, and stated that the said company provided the necessary deposit
for this contract, as well as a letter indicating that a'performance bond will be obtained for this project.
During discussion of the project, Councillor A. Vincent expressed his concern with the price tendered by the
said company, which is below the estimate prepared by the City's consultants.
Question being taken, the motion was .carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the City Manager and Commissioner
of Finance, the following resolution be adopted, namely:-
"WHEREAS the City of Saint John hereinafter called the "Corporation" is authorized by Chapter 27 of the
Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal
Debentures Act, and amendments thereto, as occasion may in the public interest arise for the carrying on of
any public civic works Or needed civic improvements, to borrow any sum or sums of money for any such purpose
and to issue debentures to secure the repayment of such monies;
AND WHEREAS the Corporation by virtue of Section 4 of an agreement dated the 23rd day of November, 1976
between Central Mortgage and Housing Corporation and the Corporation of The City of Saint John, pertaining to
the construction of a water standpipe near Willie Avenue has agreed to issue to Central Mortgage and Housing
Corporation a debenture of The City of Saint John:
THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Corporation do create and issue a debenture of a principal amount of $112,755.18 bearing interest
at the rate of 10 percent per annum calculated half-yearly, not in advance, commencing on the first day of
July, 1981.
That payment of interest and instalments of principal be made on July 1st annually over a term of twenty
years in accordance with the schedule hereto annexed.
That such payment of interest and principal be made at par as they fall due at the main office of The
Bank of Nova Scotia in Ottawa, Ontario.
Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or any
part thereof at any time prior to the 1st day of July in the year 2000.
That the Mayor and Common Clerk of the Corporation be hereby authorized to sign the said debenture on
behalf of the Corporation and the Common Clerk be hereby authorized to affix thereto the Seal of the Corporation.'
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the joint letter from the City Manager and Commissioner of
Engineering and Works, advising that during the presentation of a report to Common Council on December 15th,
1980' concerning the construction of a sidewalk on the Old Rothesay Road, Councillor Wayne asked that a more
detailed response be made to the many items raised by the residents of Brookville and Torryburn; submitting a
response to the said items; and recommending that a copy be forwarded to the said residents -- be received
and filed and the recommendation adopted.
Councillor Wayne suggested that several of the items referred to in the above letter should have
been referred as noted, following the meeting held with the area residents.
Councillor Wayne proposed a motion, which was not seconded, that the letter from the City Manager
regarding the letter to Council from Mr. Gerald B. Lawson representing David M. Lunney and Associates Ltd.
. with respect to the development of property at Red Head, be received and filed.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding the letter to
Council from Mr. Gerald B. Lawson representing David M. Lunney and Associates Ltd. with respect to the develop-
ment of property at Red Head, submitting information with respect to the changes requested by the Company; and
advising in conclusion, that Council, staff and the developer have spent much time and effort in negotiating
special provisions for this development in the past because the developer has been unable to proceed under the
standard policies; and recommending that further discussions be held with Mr. Lawson on the watermain proposal
be received and filed and the recommendation adopted.
"nay".
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne voting
(Councillor Gould withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, advising that in order to assure the availability of
additional winter ploughing equipment, the Engineering and Works Department has in the past, with the approval
of Common Council, guaranteed minimum rental agreements which paid equipment owners to have their units on
standby for use by the City during storms; further advising that over the past couple of years, this practice
has been questioned by Council on a number of occasions, and other than. the 1979-80' season, the actual use of
standby equipment has far exceeded the standby time, thus justifying the need for such equipment, and that
primarily, the areas most affected by the availability or lack of availability of standby equipment is Forest
Hills and other streets in the eastern district, as well as the ramps and approaches to the Throughway;
further advising that this year standby equipment was included in the tender call for equipment required in
this regard, namely, one 2 1/2 yard loader, one 3 yard loader and one grader, all three units being required
560
~
"
Tender accepted
,Master Enterprises Lt
demolition
137 Paradise Row
re-zoning
Manawagonish Rd
Carvell Pit
Jos A. Likely Ltd
zoning conditions
Zoning By-Law
Neighbourhood Insti-
tutional
Major Institutional
Zoning By-Law
Establishments
Police Dept
Fire Dept
without any operator; recommending that whereas Chittick's 19 2 Ltd. is the low bidder on the 2 1 2
yard loader and the only bidder on the grader, that this tender be accepted; and as Gill Equipment is
the only bidder on the 3 yard loader, that the said company be awarded the tender on the said unit; and
further, that the standby period commence immediately upon approval by Council, and terminate on March .
31st, 1981, and be subject to the equipment passing an inspection as to. its conditions -- be ~eceived
and filed and the recommendations adopted;
During discussion of the above report, it was noted that the figures attached to the report on
the cost of such standby equipment, are in error, and that the total cost for the period January 15th to
March 31st, 1981 for the rental of such equipment, would be approximately $15,000.00.
(Councillor Gould re-entered the meeting)
On motion of Councillor Landers
I
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of
Master Enterprises Ltd., in the amount of $3,750.00, be accepted for demolition of 137 Paradise Row,
being the lowest tender received.
In reply to a query of Councillor A. Vincent, Mr. MacKinnon advised that Master Enterprises
Limited is owned by Mr. Murray Carpenter, who resides in Kings County, and that this firm has done other
projects for the City. .
I
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting,. _
"nay".
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Knibb
Seconded by Councillor Eliiot
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning an approximately
25 acre parcel of land located on the southerly side of Manawagonish Road, known as the Carvell Pit
(L.R.I.S. Number 55005151) from "RF" Rural to "R--'2" One- and Two-Family Residential classification, be
read a third time and enacted and the Corporate Common Seal affixed thereto:
.
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be
subject to the condition that no building permits shall be approved until a subdivision plan for all of
the property is approved and filed, and the necessary services and improvements have been completed.
The by-law entitled, "A Law to Amend the Zoning By-Law of the .City'of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto" to amend Parts .XIII A and XIII B, "IL-l" Neighbour~
hood Institutional and "IL-2" Major Instutional zones' regulations as follows: (a) amending subsection
(e) of Section 98B to read "a public school, kindergarten, nurseries or day care centres."; (b) amending
Section 98E to read "subject to Section 98C(2) no main building .. ."; (c) deleting Sections 98H and
98AH; (d) amending Section 98AB by adding "(h) uses permitted in an "IL-l" zone under Section 98B."; and
(e) amending Sections 98AC, 98AD, 98AE, 98AFand 98AG by deleting reference to Section "188" and sub-
stituting reference to Section "98" -- be read a third time and enacted and the Corporate Common Seal
affixed thereto.
I
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
(Councillor A. Vincent re-entered the meeting)
.
On motion of Councillor Elliot
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The ~ommittee of the Whole
reports
I
Your Committee begs leave to report that it sat on January 5th, 1981 when there were present
Mayor Lockhart and Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, M. Vincent and Wayne,
and your Committee submits the following recommendation, namely:-
1. That as recommended by the City Manager, the submitted proposed Establishments for the Police
Department and the Fire Department be adopted.
Saint John, N. B.,
12th January, 1981.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
.
~
,..
;&6 1.
ii'-
.
,I
'land Corruni ttee
Ci ty Road
Armoury Bldg
I \Atlantic Analyt -
cal Services
Ltd.
,
'0' Lease
. Counc. Wayne
policy re
\mail boxes
Counc. Denton
City Market
-I
North End Neigh
bourhood Assoc
Police Dept
Fire Dept
re-zoning
\ Hestia House In
125 Douglas Ave
.
LEGAL
S E S S ION
Counc. Landers
Goal, fire
(City Hall)
.1
City Solicitor
,Irving Pulp &
Paper
water rate
arrears
I
.
....
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the above report be received and filed and the recommenda-
tion,;contained...therej,n adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the above matter be laid on the table for one week, and
that Council be supplied with comparative figures for the said establishments for the last three years.
Question being taken, the tabling motion was carried with Councillors Elliot, Gould, Knibb and M.
Vincent voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that as recommended by the Land Committee, approximately
13,348 square feet of space in the City Road Armoury building, as shown on the submitted plan, be leased to
Atlantic Analytical Services Limited, at a rental of $3,700.00 per month under the terms and conditions as
outlined in the letter from the Land Committee dated January 12th, 1981, subject to the approval of the
Planning Advisory Committee; that an application be made to the Planning Advisory Committee to allow the
premises to be used as a laboratory; and that the Mayor and Common Clerk be authorized to execute any and all
documents required to complete the transaction.
Mr. Adams advised that the total cost of the renovations required to this building is estimated at
$15,000.00. Councillor A. Vincent, chairman of the Land Committee, stated that the required work is to be
carried out by City forces.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding the policy
adopted by the Works Department with regard to the location of mail boxes in areas of the City where rural
mail delivery is made, be referred to the City Manager for investigation and a report back to Council.
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the letter from Councillor Denton regarding plans for
upgrading of the City Market building, be laid on the table until Councillor Denton is present.
Question being taken, the tabling motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from the North End Neighbourhood Association.
regarding the reduction in the Police and Fire Departments, be received and filed.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the application from Hestia House Inc. for re-zoning of
property at 125 Douglas Avenue, be referred to the Planning Advisory Committee for a report and recommendation,
and that authority be granted for the necessary advertising in this regard, with the date for the public
hearing by Council to be held on February 16th, 1981.
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that this meeting continue, in legal session.
With regard to.the letter from Councillor Landers requesting an up-to-date report On the status of
legal action regarding the Saint John Gaol fire, Mr. ROdgers agreed to submit the requested report to Council.
On motion of Councillor M. Vincent
Seconded by Councillor Wayne
RESOLVED that the copy of the letter from the City Solicitor, dated
January 12th, 1981, to the Council committee regarding water rates arrears with respect to Irving Pulp & Paper
Ltd., be added to the agenda and considered at this time.
Lengthy discussion ensued regarding the above letter from the City Solicitor, which expresses the
opinion that any negotiating with the Irving interests towards entering into a new agreement could be challenged
and the agreement set aside as a violation of the Municipalities Act and against public policy relating to
utilitizes. The letter advises that the other matter that arise with respect to the 1958 agreement is the
question as to when the agreement actually became effective and for what 25-year period, however, whatever
date is determined as the commencement of the 25 year period, it does not change his concerns with respect to
negotiating a new agreement for water rates, as generally it appears that such rates must be established by
by-law, and in the meantime, from a legal point of view, any negotiating the Committee proceeds with on an
immediate basis should only relate to the deficiency charge., With respect to the points of the validity of
any new agreement and when the 1958 Agreement expires, Mr. Rodgers advises it is his opinion that another
legal opinion should be obtained from a solicitor who is involved on a regular basis with utility contracts,
and he has contacted the firm engaged previously in Halifax requesting their opinion on this matter from a
legal point of view, and its implications to the City. It was noted that the said letter from the City
Solicitor would be considered at a meeting of the Council committee appointed in this regard, at a meeting to
be held on Wednesday, January 14th. It was also noted that Mr. ROdgers attends meetings of the said Council
committee.
On motion of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that the above copy of the letter from the City Solicitor
"""'IIIIl
- 562
be received and filed.
On motion
The meeting adjourne~.
~r
.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the nine-
teenth day of January, A. D. 1981, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, ESQuire, Mayor
I'
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
Reverend Seth Crowell of. Forest Hills 'Baptist Church offered a prayer which opened the meeting. 4It
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on
January 12th last, be confirmed.
On motion of Councillor Landers
\
Progress payments
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates,:namely:-
\
Lily Lake Pavilion 1.
R. A. Woods Const. Lt
\,
Lily Lake Pavilion
R. A. Woods Construction Ltd.
Deck Replacement
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated January 8, 1981 Partial Holdback Release
I,
$ 25,457.66
25,457.66
763.13
21,639.01
$ 3,054.92
,
Woodward Ave Storm
Sewer
Que-Mar Const Ltd
,
2.
Woodward Avenue.Storm Sewer
Que-Mar Constr~ction Limited
Supply and install storm sewer
from Brentwood to Millidgeville North High School
Current budget allotment
Total work done, Estimate Number 8
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 8,
dated January 15, 1981 Final Holdback Release
$ 404,447.25
404,447.25
Nil
392,469.83
$ 11,977.42
.
:
\,
Willie Avec Sanitary 3.
Sewer Renewal
'Huxtable Street water
main
Broadway Ave Storm se er
'Gerald J. Ryan Co Ltd
Willie Avenue Sanitary Sewer Renewal
Huxtable Street Watermain
Broadway Avenue Storm Sewer
Gerald J. Ryan Company Limited
Supply and install sanitary and
storm sewers and a watermain
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for .payment, Progress Estimate Number 3,
dated January 14, 1981 Partial Holdback Release
I:
$ 79,510.00
71,543.43
2,146.30
60,811. 92
$ 8,585.21
Robertson Square
Maritime Sod Ltd
'\
4.
Robertson Square
Maritime Sod Limited.
Landscaping
Original estimated value of contract
Total work done, Estimate Number 4
Retention
.Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
. dated January 5, 1981 ~artial Holdback Release
I
$ 98,500.00
96,417.80
1,403.50
89,400.30
$ 5,614.00
\
Regarding the suggestion of Councillor A. Vincent that the holdback should be returned on
Item Number 3 above as the contractor has a performance bond for this project, Mr. McDermott stated
that the series of meetings being held with contractors has not yet been completed, and following a
further meeting to be held with the contractors within the next ten days, this matter is expected to be
considered.
.
...J
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563
/
.
\ D. Hatfield, Lt
.1
On motion of Councillor Gould .
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the fOllowing invoices, namely:-
D. Hatfield, Ltd. - (Works) equipment rental December 16~31, 1980 $ 12,663.16
Councillor Wayne asked that Council be informed of the correction in the above invoice which has
been brought to her attention by staff, regarding the portion of this invoice to be charged to garbage collec~ia,.
tion. Mr. McDermott confirmed that a portion of this invoice should read "garbage disposal" and not "garbage
collection". Councillor Wayne inquired if "garbage disposal" means the landfill site. Mr. MacKinnon replied
that in this particular case the budget reference 4330 is garbage disposal, and specically, it is the hauling
of material from Chitticks to Spruce Lake, and the amount is $852.00.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the joint report from,the City Manager, Commissioner of
equipment, hire Engineering and Works, and Deputy Commissioner of Works, regarding invoices for hired equipment and sand and
gravel, which were tabled at Council's meeting of January 12th, 1981, be laid on the table.
I
,
\
Tender accepted
'Sal t Sal es Co
, salt
,Ralph's Truckin
Ltd
.
I
Residential
Rehabil i tation
'Assistance Pro
gram
, Establishment
~ Police Dept
Fire Dept
.
,
I
~I
, Establishment
Police Dept
Fire Dept
.
II..
Question being taken, the.tabling motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, Common Council approve the purchase of up to 2000
tons of salt from Salt Sales Company in Sussex, N. B. at a price of $25.00 per ton, and approve the hiring of
Ralph's Trucking Limited to transport said salt from Sussex to Saint John at a price of $3.35 per ton.
During discussion of whether the successful tenderer for the supply of salt to the City, namely,
Canadian Salt Co., guaranteed the supply of salt to the City, and whether the said firm would be responsible
for any additional costs incurred in the City purchasing the required salt from another supplier, Mr. Mac-
Kinnon reported that the difficulty is not with supplying the salt, but with the time limits for such supply.
He noted that Canadian Salt Co. complied with the requirement to supply 6000 tons of salt for delivery prior
to October 1st, 1980. Deputy Mayor M. Vincent stated that he would ask that the Legal Department ascertain if
recovery can be made from the successful tenderer, for the difference in the costs due to the City having to
purchase its requirements from another supplier. Councillor MacCallum suggested that staff should ensure that
such provision is included in any future tender call for the supply of such material. Mr. MacKinnon stated
that the City presently has on. hand 411 tons of salt, and that it is important that the additional 2000 tons
be obtained as soon as possible.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager, submitting a report of
activity under the Residential Rehabilitation Assistance Program during 1980, be received and filed.
In reply to a query of Councillor Elliot, Mr. Thompson advised that an amount of $800,000.00 has
been requested for the 1981 Residential Rehabilitation Assistance Program.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from the City Manager, submitting comparative
figures for the Establisr~ents for the Police and Fire Departments for the last three years, as requested by
Council at its meeting of January 12th, 1981, and recommending that the proposed Establishments for the said
Departments, which had been tabled at the last meeting, be taken from the table and adopted -- be received and
filed and the recommendation adopted.
. Councillor MacCallum expressed his opposition to any reduction in the Police Department Establish-
ment, due to the increasing crime rate in the City. Councillor Elliot noted that due to changes recommended
by the Police Chief, the reduction in personnel in the Police Department, will actually result in more Police
officers working in the field to reduce crime. In reply to a query of Councillor Wayne, Mr. Barfoot confirmed
that a copy of the said Establishment has been forwarded to the Police Union. Fire Chief Clark stated that
such action is not a requirement in the working agreement between the City and the Firefighters' Union.
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting "nay".
Read 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 begs leave to report that it sat on January 5th, 1981 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, M. Vincent and Wayne, and your
Committee submits the following recommendation, namely:-
1. That as recommended by the City Manager, the submitted proposed Establishments for the Police
Department and the Fire Department be adopted.
Saint John, N. B.,
19th January, 1981.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the above report, which had been tabled at the last
Council meeting, be taken from the table and received and filed and the recommendation contained therein
adopted.
564
"""'IIIIl
'\
vehicles, towing
Loyalist City Towing
,
Counc. Wayne
Loyalist City Towing
Agreement
Norman W. Francis Ltd
Broad St, Sydney St,
'Broadview AVe
..\
Saint Mary's Band
Grant
"nay".
Question being taken, the motion was carried with Councillors MacCallUm and A. Vincent voting
o
On motion of Councillor Knibb
.
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding questions.
which have been raised by Councillors and the public concerning the towing away of vehicles impeding
traffic or snow clearance during the ,past storm and since, advising that normally, towed vehicles are
hauled to the compound of the City's vehicle stor~ge contractor, Loyalist City Towing, but their compound
.was unable to. handle the situation .at that time, and the City also needed a handy site in order to get
the roads open in the emergency, and .that at the height of the storm on January 13th, the decision was
made to tow abandoned.vehicles obstructing traffic and snow clearance to the Armories, the Army having
given permission for this purpose, and also to the Works Department Eastern Garage when the Armories was
plugged; persons claiming vehicles were required to pay $25.00.to the.City, being the towing charge of
$12.00 plus an amount to cover additional costs incurred in moving the vehicles, and for the temporary
storage and handling arrangements made by the City; further advising that the City is continuing to
charge $25.00 for vehicles towed at the present time, to ensure that the costs in addition to towing
that the City is incurring because of these abandoned vehicles are paid by those who are causing the
problem, and the towing contractor also is incurring extra costs in freeing vehicles from snowbanks, and
following a meeting between the various departments involved and the contractor, it was agreed that
extra costs would be recognized if verified by the Police who are present at the scene, and the contract
price for towing itself will not be changed; further advising.that on Thursday, January 15th, as towing
continued of vehicles impeding snow clearance, staff required another vehicle storage compound, and a
fenced~in site was prepared at the former Canada Wire.and Cable property, subsequently, it was learned
that the vehicle storage contractor had arranged another site at Beyea's on Old Black River Road, and
following a meeting on Friday, January 16th, all.vehicles are now being towed there -- be received and
filed.
'4'"
"
1-
.;- .",
I
Discussion ensued regarding the towing of vehicles during the recent storm, during which
Councillor Wayne stated that she had been informed by Mr. McLean of Loyalist City Towing that the said
firm was charging $25.00 for each vehicle towed, and she is concerned whether such amount can be paid to
the contractor legally under the tender awarded.by the City for such service. She stated she understands .
Bayview.International also did towing for the.City during the storm, and. stated she would like to know
their charge for this service. Mr. :McDermott advised that the $25'00 charge is being collected by the
City, and that as stated in the above report, it qas been agreed that extra costs would be recognized if
verified by the Police Department, and that the contract price for towing itself will not be changed.
Following the discussion, the Mayor commended.City staff'for their dedication and efforts in providing
service to the citizens during the storm, to the citizens who volunteered their services and vehicles to
the City, and to the Deputy Mayor, who was presiding in the absence of the Mayor from the City during
the said storm.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
.On motion of Councillor Wayne
I
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding the
towing of vehicles .by Loyalist City.Towing.during the.past storm, be referred to the City Manager and
the City Solicitor for a report at the next.Council meeting.
(Councillor Gould withdrew from the meeting)
Question being taken, the motion was carried with Councillors Denton and Knibb voting "nay".
o
Read 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 begs leave to report that it sat on January
Deputy Mayor M. Vincent and Councillors Elliot, Gould, Green, Knibb,
and your Committee submits the following recommendations,. namely:-
.12th, 1981 when there were present
Landers, MacCallum and A. Vincent,
1. That authority be granted for the City to enter into an Agreement of Purchase and Sale with
Norman W. Francis Limited, regarding property located on Broad Street, Sydney Street and Broadview
Avenue, containing approximately 24,000 square feet, at a price of $2.00 per square foot, subject to an
option that the City may repurchase the property for the sum of $1.00 if construction of the building
proposed by the said company and for the purpose stated, is not commenced within 90 days from the date
of the transfer of the property, which is to take place upon the said company receiving all necessary
approvals from the City.
I
~-
2. That with regard to the request from Saint Mary's Band for a grant from the city in the amount
of $2,500.00, the .said organization be . advised that their request is denied, however, the City will
continue to pay for services rendered to the City by the said Band.
Saint JOhn, N. B.,
19th January, 1981.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman.
I
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that section 1 of the above report be adopted.
Councillor Wayne stated it was her understanding that the City had agreed to ask a price of
$75,000.00 for the said land. Councillor A. Vincent, chairman of the Land Committee, advised that .the
said property does not contain as large an area as had previously been discussed by C01U1cil. He noted .
that the proposal for this property would save 18 jobs in the City, which might otherwise go to the City
of Moncton.
..<il
Appointments
Linda Cash, be adopted, namely:-
Richard Jetter
Do:ris.Mcl?lroy,
1.'~BYiOii(.Thomas';..
'~~Dl'r;;Evan:'Pugh .
-;~Eiic: L ; STeed ,
King Street West
Area Com :
~:'*: G~u~jg~tey,
Maurice Mazeroll
Fred;~?dges
Cari;'d~'(SDmmer i:;mn
Committee: Robert
. McKinney, Dr. J
Hanson, L. Malo
P Amundrud, M.
KFeirEstead, GF. cTOb "?
. stey, . res
H. Goldsworthy,G.
Bell, D. Foster,
~ornton, R. Spen
nenberg, D. Evans 6.
S. J. Regional
Library Bd: Dr. E 7.
R. Davis
Visitor & Conven~
I tion Promotion
Bd; E. Maber, C.
Revie, S. McAlar 9.
.W. Bodley, Mrs.
I. Mooney, G.
Gallagher, R. A.
. Carr, E. Hovey,
H. Mayes
Cherry Brook Zoo:
Tom Young
Parking Com. :
Ralph Poley
Power Commission:
Frank Crilley, L
McAllister, R. Ke lr~.
. Ft. Latour Dev J
Authority: C.
Blois
S.J. Bicentenni
lnc: W.H.R. Smi
M.M. Somerville
E. Barry, G. Ev
T. Toole, C. Wh
H. Erb Campbell
Shirley Dysart
I Ener Conservat n
Com; M. Shannon
R. G. Dyer, H.
. . HOlbeche, R.
Sutton, K. Mail
A. Burtt
Plan..~Adv. Com:
H. Beesley, A. C
L. Andrews, T..Wi
IL Wilband, M.
O'Brien
Civic Em loyees
-- Pension Plan: H.
Green, K. Gould
"'"
.
I
. .LAND ,COMMItTEE
l43~EIIiot:Row
. R. ::.l\~ideau
.82. Bridge
Mrs. Percy Lockh rt
.151 Leinster St
Fred Brown
Counc. Denton
City Market
Il..
~ .......,
" ~ .~. ,-,
ffo5
Question being taken, the motion. was .carried with Councillor Wayne voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the report of the Nominating Committee be added to the
agenda and considered at this time.
. Question being taken, the motion was carried with Councillor MacCallum voting "nay".
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the following recommendations of the Nominating Committee
;. That the following be appointed to the Environment Committee, namely: Linda Cash, Richard Jeffery, Doris
McElroy, Byron Thomas, Dr. Evan Pugh, Eric L. Teed.
2. That the following be appointed to the King Street West Area Committee, namely: Reverend John Hump-
hreys, Mrs. B.W.G. Holt, Maurice Mazerolle, Fred Hodges.
3. That whereas there are no vacancies on the Recreation and Parks Advisory Board, the following names who
have indlcated interest in this particular Board be forwarded to the 1985 Canada SurnIDer Games Committee,
namely: Robert McKinney, Dr. John Hanson, Leo M. Maloney, Patricia Amundrud, Marilyn Keirstead, Fred Tobias,
Fred Estey, Garnett L. Cress, Harold Goldsworthy, Gladys Bell, Douglas E. Foster, Glenda Thornton, Rolf Spen-
s ..
nenberg, Douglas Evans.
4. That Dr. E. R. Davis be
~ear term commencing January
re-appointed to the Saint John Regional Library Board of Directors for a three-
1, 1981.
That the following be appointed to the
Maber, Catherine Revie, Shirley A. McAlary,
Carr, Eric A. Hovey, Harold Mayes.
Visitor
William
and Convention Promotion. Committee,
F. Bodley, Mrs. M. I. Mooney, Gerry
namely: Ernest E.
Gallagher, Royden A.
That Tom Young be appointed to the Board of Directors, Cherry Brook Zoo.
That Ralph Poley be appointed to the Parking Commission for a term to expire December 31, 1981.
8. That the following be. appointed to the Power Commission of the City of Saint John, namely: Frank Crilley,
Lloyd McAllister, Roy Kelly, for terms of three years, commencing February 15, 1981.
That Clarence Blois be appointed to the Fort LaTour Development Authority for a three-year term.
'10. That the Board of Directors, Saint John Bicentennial Inc. be appointed as follows, namely: W. H. R. Smith,
M. M. Somerville, Esmonde Barry, George Evans, Fred Toole, Charles D. Whelly, Heather Erb Campbell, Shirley
Dysart.
11. That the following be named to the Energy Conservation Committee, namely: Marta Shannon, R. G. Dyer, Hugh
Holbeche, Royce Sutton, Kenneth J. Maillet, Archie Burtt.
12.
Len
31,
That the following be named to the Planning Advisory Committee, namely: Hartley Beesley, Alfred Chatwin,
Andrews, for a three-year term commencing January 1, 1981; Theodore Wilson, for a term to expire December
1982; Donald Wilband, Mary K. O'Brien, terms to expire December 31, 1981.
That Councillors Hartley G. Green and Kenneth Gould be re-appointed to the Board of Trustees, Civic Employees
Pension Plan, for the year 1981, as required by statute.
Deputy Mayor M. Vincent, chairman of. the Nominating Committee, advised that the Committee would
additional responses from citizens who may wish to render their services to City committees.
(Councillor Gould re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that
for sale of the freehold interest in the lot situate
$2,650.00.
as recommended by the Land Committee, authority be granted
at 143 Elliott Row to Mrs. R. Brideau for the snm of
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority
of the freehold interest in the lot situate at 82 Bridge Street to Mrs. Percy Lockhart for
be granted
the sum of
twin,
son,
for sale
$950.00.
On motion of.Councillor A.. Vincent
Seconded by Councillor Green.
RESOLVED that as recommended by the Land
for sale of the freehold interest in the lot situate at 151 Leinster Street to
$3,150.00.
Committee, authority be granted
Mr. Fred W. Brown for the sum of
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the letter from Councillor Denton advising that he feels.
that now that plans have been adopted for progress and development of the City Market, that an overall concept
for the construction, renovations and upgrading of the Market should be implemented, and recommending that the
City Manager be authorized to take steps to initiate this action -- be received and filed and the recommendation
adopted.
566
"""'IIIl
Conflict of interest
Rona Howald
1
Richard Reynolds
\.snow plowing )~,..::r
12CJoCI.tl S
re-zoning
Target Investments
\
re-zoning
Target Invest. Ltd.
'Crown Street
City Hall switchboard
\
LEG A L
\
Martin Flewelling
'Peter Buckland
39 Princess Street
art gallery
Land Committee
Lease
,The Princess Gallery
City Solicitor
.Fire
City Hall Goal
,
\
Nick Halavrezos
damages
Prior to adoption of the above. motion,.
conflict of interest regarding the City Market.
sees no conflict of interest in ,violation of any
Councillor Wayne asked if Councillor Denton
Mr. Rodgers replied that based on the above
Provincial law.
has a
letter, he
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the letter from Rona Howald, 149 Elliott Row,
requesting a change in the traffic pattern in this area, be referred to the City Manager and appropriate
staff for a report.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallUm
RESOLVED that the letter from Mr. Richard Reynolds, 17 Clairmont
Street, regarding snow plowing and general road conditions in tfe area, be referred to the City Manager
for a report.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the re-zoning application from Target I~vestment Ltd.
Lt be added to the agenda and considered at .this time..
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne voting
"nay".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the application of Target Investment Ltd. for
the re-zoning of property on Crown Street" be referred to the Planning Advisory Committee for a report
and recommendation, and that authority be granted for the necessary advertising in this regard, with the
public hearing regarding thls matter to be held on March 2nd, 1981.
CGUncillor.A, Yincent referred to the fact that the switchboard at City Hall closes at'4.30
p".)!),. !l,n!\ s.:uggested that arrangements should .be made to have.a staff member available after 4.30 p:m. The
Mayor stated that he will have N. B. Tel do an investigation of the switchboard and telephone system in
Ci ty Hall.
On motion of Councillor Gould
'.
.,\Seconded b:r Councillor Knibb
:RESOLVED that
this meeting continue, in legal session.'
(Councillors Gould and Landers withdrew from the meeting)
Messrs. Martin Flewelling and Peter Buckland were present at the meetIng with respect to their.
proposal made to the Land Committee, to establish an art gallery and framing business in a portion of the
building at 39 Princess Street. Photographs .of the present condition of the building were shown to the
Council members, and the proposal of Messrs. Flewelling and Buckland was outlined and discussed,'fol-
lowing which they withdrew from the meeting.
On motion of CouncillorA. Vincent
.
I~
I
.
I
Seconded by Councillor Knibb
. RESOLVED that the following recommendation of the Land Committee be
adopted in principle, namely: that the City lease. approximately r~200 square feet of space at 39 Princess
Street to The Princess Gallery in accordance with the rental plan Number 2 as outlined in the letter from
the Land Committee; that the City undertake as part of the leasing arrangement to alter the exterior of
the building in accordance with the wishes of the lessee, as expressed in their request to lease"with the
exception that no work will be done.to the brick work at. the present time; and that the Mayor and Common' .
Clerk be authorized to sign any.and all documents related to this transaction - with a report to be
prepared for consideration at the next Council meeting of .the. estimate of cost of the improvements to.be .
undertaken by the City.
(Councillors Gould and Landers re~entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the letter from the City.Solicitor, reporting. on the
status of the action regarding the Saint John Gaol fire which occurred on June 21st, 1977, as requested
at Council's meeting of January 12th, 1981, be received and filed.
Question being taken, the motion was carried with Councillor Landers voting "nay",
Read a letter from the City Manager regarding the reQuest of Council that the matter of the
claim of Mr. N. .Halavrezos, 36 Richmond Street be referred back to the City Manager for further"investi-
gation of circumstances and discussion by staff with Mr. " Halavrezos, submitting a memo from Mr: "Barfoot
concerning a discussion with Mr. Halavrezos, and a reply from Mr. William Butler giving details "of the
various excavations at the intersection of Richmond and Prince Edward Streets, and noting that Mr.
Butler's reply effectively deals with the question of multiple excavations, in .that only the last was
related to Mr. Halavrezos' flooding problem, and this excavation was successful in dealing with the
problem. Regarding the further question raised by Council with respect to the date when the sewer
lateral was installed which caused the problem in the sewer main, the City Manager advises that this has
been checked with the sewer foreman, who has. been doing this work for thirty years and he says that this
lateral has not been worked on in his time, which is further confirmed by the fact that the flooding also
occurred many years ago, in Gordon Crawford's time, but did not recurr for a long time because of the
installation of the sewer backwater valve by Mr. Halavrezos.
I
I
---.....
During discussion of the above letter, Councillor Landers stated that his concern was with the .
manner in which the claim of Mr. Halavrezos was handled by staff and the City's insurers. Several
Council members referred to the fact that a City staff member had admitted to Mr. Halavrezos Yhat the
flooding occurred through the fault of the City.
On motion of Councillor A. Vincent
Seconded by Councillor GreenRESOLVED that an amount of $900.00 be giyen to Mr. H~laYrezos in
....
I""
:f)67
.
-I
City Manager
I
Land Committee
.31 Leinster St
'\ Iron Duke Ltd.
... rent arrears
I
. 'equipment, hir
1'0lice~Investi
gat ion
. -,
~I
I
.
lo.
full settlement. of damages incurred,. subject to a proper release being obtained.
Mr. Rodgers noted that if the above motion is adopted, and the action of Council is challenged, the
Council members voting for the motion are personally liable.
Question being taken, the motion was lost with the Mayor and Councillors Denton, Elliot, Gould, Knibb,
Landers, MacCallum M. Vincent and Wayne voting "nay".
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the. above letter from the City Manager be received and
filed.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
Councillor Elliot suggested that the City Manager should meet with staff and work out a system of
procedure regarding such matters, to prevent such problems from occurring in the future.
(Councillor Landers withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from the Land Committee regarding property at 31
Leinster Street, which is leased to Iron Duke Ltd., be added to the agenda and considered at this time.
Question being taken, the motion was carri'ed with Councillors Gould and MacCallum voting "nay".
Consideration was given to .the letter from the. Land Committee advising that the City is leasing the
building at 31 Leinster Street to the Iron Duke Ltd. on the basis of a lease dated November 1, 1976 for 10 years
with an option to renew for a further 10 years at a rent to be agreed upon, and section 17 of the lease provides
that if there are any arrears in rental,. the City may give notice to the company in writing requiring that the
default be remedied within 30 days; if the company fails .to remedy the default within that period, the City may
re-take possession of the property to thus terminate the lease. The letter advises that agreement has been
reached with the Province of New Brunswick whereby they will receive ownership of the Courthouse, tourist bureau
building and the City Gaol site on the understanding that a new justice facility will be built in this area, and
as part of this transaction, the Province also wishes to acquire the property leased to the Iron Duke Ltd. but
they want title to be transferred free of lease. Councillor A. Vincent, chairman of the Land Committee, advised.
that Iron Duke Ltd. has faulted on the last payment of rental and arrears, which had previously been agreed to
by Common Council, and that he understands that persons are interested in purchasing the leasehold interest in
this property from the said company.
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, the fallowing re-
solution be adopted, namely:-
~-
"WHEREAS rent due under the terms of a lease given by the City of Saint John to Iron Duke Limited for
premises at 31 Leinster Street are now in arrears:
THEREFORE BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute the appropriate
notices provided by the lease advising that if arrears in rent are not paid within 30 days of receipt of such
notice the City shall re-enter and retake possession of the demised premises located at 31 Leinster Street,
terminating the lease.".
Prior to' the regular meeting, the Council.convened in legal session, when there were present Mayor
Lockhart, and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, M. Vincent and Wayne.
Discussion took place regarding the matter of.invoices for equipment rental, which had been tabled at
the last Council meeting, and Council was advised that a citizens' complairit has been filed by Councillor Wayne
in this regard. Police Chief Ross entered the meeting and confirmed .that a formal complaint has been filed with
his Department and is being investigated to determine if a violation.has occurred, namely, defrauding the City
by one or more persons. Mr. MacKinnon was present during the discussion and related his knowledge of the
matter. During the lengthy discussion, the Mayor questioned the procedure used in this matter, and suggested
that all Council members should have been informed. It Was agreed that the matter of payment of the said
invoices, which is an. item to be considered in open session of Council later this date, would be again tabled by
Council pending completion of the Police investigation.
On motion
The meeting adjourned.
~~
Common lerk.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-sixth day of
January, A. D. 1981, at 4.00 o'clock p.m.
present
M. A. Vincent, Esquire, Deputy Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent and Wayne
- and -
568
~
\
Robert MacLean
Lockhart
Plan. Advis. Com.
appointments
University Week
.U.N.B.S.J.
"
Y.M.C.A.
refugee centre
\
Progress payments
\
Rothesay Ave. Water-
main and Storm sewe
construction
Fairvale Canst. Ltd.
\
Crescent Lake, Holl5':. 2.'
St. Summit Dr, Water
& Sewer Const.
Fairvale Canst Ltd
\
J. C.MacKinnon
City Centre Improve-
ments Project/ Const
Agreement
\
City Manager
vehicles, towing
Loyalist City Towing
Messrs. A. G. McDermott, City Manager, R. Park,. Commissioner of Finance,
F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering
and Works, M. Zides, Commissioner of Community Planning and Development,
N. Barfoot, Assistant City Manager, J. Gabriel, Deputy Commissioner of
Works, S. 'Armstrong, Deputy Commissioner of Engineering, M. Winch, Deputy
Commissioner.of Community Planning,. C. E. Nicolle, Director. of Recreation
and Parks, J.F. Ross, Chief of. Police, D. Wilson, Deputy Commissioner of
Finance, D. French, Director of Personnel, G. Soucy,. Labour Relations
Officer, J. Johnson, Building Inspector, and K. Galbraith, Administrative
Assistant to the Mayor
Reverend David Mack of St. Andrew and St. David United Church offered the opening prayer.
A minute of silence was observed out of respect for the late Robert MacLean Lockhart (father of
Mayor Lockhart), whose death occurred last week in Hamilton, Ontario.
On motion of Councillor Green
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on
January 19th last, be confirmed.
Regarding appointments made at the last Council meeting to the Planning Advisory Committee,
Councillor Landers inquired if it is necessary that members of the said Committee be residents of the
City of Saint John, and stated he has reason to believe that one of the members appointed to the Com-
mittee is not a resident of the City of Saint John. He aske~ what steps are required to be taken to
rectify this matter. The Common Clerk stated that he was .advised by the gentleman in question that he
still resides in the City of Saint John.. Deputy Mayor Vincent asked that the City Solicitor and Common
Clerk examine this .question and report at the next meeting of Council. Mr. Rodgers noted that if the Act
specifically requires that members of the Planning Advisory Committee be residents of the City, and if
the member referred to is not a resident of the City, then the appointment would be improper and Council
would proceed with another appointment.
Councillor Elliot advised that. the week of January 26th to February 1st has been designated
University Week, and he referred to the achievements and progress of U.N.B.S.J. since its inception in
1964.
The Deputy Mayor read a letter received from the Board of Directors of the Saint John Family
Y.M.C.A., reaffirming that theY.M.C.A. will co-operate and assist in any way possible in the event of an
emergency or disaster situation, the Y.M.C.A. having been designated as a refugee centre for the City in
case of emergencies.
On motion of Councillor Wayne
Seconded by Councillor Landers
. RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificates, namely:-
1. Rothesay Avenue Watermain and
Storm Sewer Construction .
Fairvale Construction Limited
Supply and install a watermain and
storm drainage system
Original estimated value of contract.
Total work. done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for.payment, Progress Estimate Number
dated January 16, 1981 Partial Holdback Release
Crescent Lake, Holly.Street, Summit Drive
Water and Sewer Construction
Fairvale Construction Limited.
Supply and install a water and sewer mains
Original estimated value of contract
Total work done, Estimate.Number. 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated January 21, 1981 Partial Holdback Release
Mr. MacKinnon gave an explanation of the extras on the Rothesay Avenue watermain and storm
sewer project. ;.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, Mr. Claude
MacKinnon be designated as the City's representative for the City Centre Improvements Project/Construction
Agreement effective as of October 14, 1980.
Councillor Wayne sta~ed she understands a change has been made in the area which will be the
first phase of the above agreement, and suggested that as this is a policy matter, Council approval
should have been received. Mr. McDermott confirmed that a change .in the scheduling of this project has
been made as the result of a request from the Power Commission, and it is his intention to submit this
matter to Council at the .appropriate time.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that the letter from the City Manager regarding the
questions raised in the letter from Councillor Wayne regarding the towing of ~ehicles by Loyalist City
Towing during the last storm, be received and filed.
.
I
,I
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I
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I
.
....
,..
569
.
I
I
City Manager
vehicles,
\ additional cas
for towing
. City Manager
\ Police Act
III Hockey Camp
\ John MacWilliam
Stewart Hurley
Arena
.
,I
Plan. Advis Com
Flood Rick Area
,By-Law
I
.
...
During discussion of the above matter, Councillor Wayne noted that the resolution adopted,at the
last Council meeting asked that the City Solicitor report on the legality of the City paying more than the
$12.50 fee for towing services during the last snow storm. Mr. Rodgers noted that members of his Department
were in consultation with the City Manager regarding this matter and that the above letter from the City
Manager states that the Legal Department has advised that Loyalist Towing can only charge the City the amount
provided for under the contract. Councillor Wayne stated that she bad asked the City Manager to obtain a
complete report from the City's Superintendent, and that she has copies of every car towed which they will be
paid $25.00 for, which she will give to Council in Committee of the Whole.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the above matter be laid on the table pending a legal
opinion.
Question being taken, the tabling motion was lost with the Deputy Mayor and Councillors Denton,
Gould, Green, Knibb and Landers voting "nay".
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay"..
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the City Manager be requested to report to Council On the
possibility of the City recovering additional charges incurred for towing services during the last storm.
Councillor Landers asked that the above report include whether the contractor is bound for such
charges as a result of not being able to move his vehicles for their location on Ashburn Road due to the
amount of snow.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager regarding the proclamation
of' sections of the Provincial Police Act, be referred back to the City Manager for a more detailed report and
information.
Read 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 begs leave to report that it sat on January 19th, 1981 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb;.Landers, MacCallum, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendation, namely:-
1-
at the
Arena.
That Council approve the proposal of Mr. John MacWilliams for the operation of a Summer Hockey Camp
Stewart Hurley Arena, and that arrangements be made to accommodate the remaining groups at the Gorman
Saint John, N. B.,
26th January, 1981.
Respectfully submitted,
(sgd.) A. R.W. Lockhart,
Chairman.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the abOve report be received and filed and the recommen-
dation contained therein adopted.
Councillor Gould expressed his opinion that the above recommendation interferes with the operation
of the Recreation Department and he does not feel tbe City can afford to operate two arenas during the summer
months.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee advising
that the Committee recommends that the proposed amendment to the Flood Risk Area By-Law be enacted by Common
Council, be received and filed and the recommendation adopted.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A By-Law to Amend The Flood Risk
Area By-Law of The City of Saint John, N. B.", by (1) designating Section 5 as subsection (1) of Section' 5;
and (2) by inserting the fOllowing as subsection (2) of Section 5: "(2). Notwithstanding subsection (1), a .
development may be permitted where (a) such development will not obstruct or interfere with the normal flood~ay
or free flow of flood water during a flood period; and (b) it is to be carried out so as not to reduce the
flood water capacity of the affected area." -- be read a first time.
Councillor Landers questioned readings being given to a by-law which is not before the Council at
this meeting.
Question being taken, the motion was carried with Councillor Landers voting "nay".
Read a first time the by-law entitled, "A By-Law to Amend The Flood Risk Area By-Law of The City of
Saint John, N. B.".
570
"""11II
On motion of Councillor Elliot
Flood Risk Area By-La Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A By-Law to Amend The Flood
Risk Area By-Law of The. City of Saint John, N. B.", by (1) designating Section 5 as subsection (1) of
Section 5; and (2) by inserting the following as subsection (2) of Section 5: "(2). Notwithstanding
subsection (1), a development may be permitted where (a) such development will not obstruct or interfere
with the normal floodway or free flow of.flood water during a flood period; and (b) it is to be carried
out so as not to reduce the flood water capacity of the affected area." -- be read a second time.
Lorneville Area
Pollution Problems
Cornmittee
Mill Creek
Burchill Brook
leachate
\ .
Lornevllle Area
Pollution Problems
Committee
Mill Creek
leachate
\
snow dump
,
F. Bernard McGrath
Planning Adv. Com.
,
Canada Safety Council
Safe Driving Week 198
\
Tops Club Inc.
Grant
re-zoning
Norman W. Francis Ltd
\
\
Norman W. Francis Ltd
'Broad Street
Plan. Advis. Com
LEGAL SESSION
Read a second time the by-law entitled, "A By-Law to Amend The Flood Risk Area By-Law of The
City of Saint John, N. B.".
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that the letter from the Lorneville Area Pollution
Problems Committee, recommending that the City, request the Engineering and Works Department and Environ-.
ment New Brunswick to determine the amount of leachate coming from Mill Creek and Burchill Brook at the
present time, and further, to monitor it on a regular 90 day basis, with copies of these monitors being
supplied to the Committee, be referred to the City Manager for a report and recommendation.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from the Lorneville Area Pollution
Problems Committee, recommending that the City of Saint John, through the Engineering and Works Depart-
ment and in conjunction with Environment New Brunswick, take proper measures to prevent the flow of
leachate into the Mill Creek and adjacent waters, posthaste, as outlined in a letter dated April 17th,
1980 from the Deputy Minister of Environment to the City Manager, be referred to the City Manager for a
report and recommendation.
(Councillor A. Vincent entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that.the City explore the possibility of making
available immediately an area whereby contractors who are attempting to haul snow from different areas
of the City, can dump it.
Prior to adoption of the above motion, Mr. MacKinnon reported on why the City does not permit
contractors to dump in areas used by the City, which he does not feel is desirable.
On motion of Councillor Landers
.
I
.1
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Seconded by Councillor MacCallum I
RESOLVED that the letter from Mr. F. Bernard McGrath, re'luesting
permission to erect a sign at 671 Charles Street, be referred to the Planning Advisory Committee for a
report and recommendation:
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the letter from the Canada Safety Council advising
that Saint John is among the forty-three participating Canadian municipalities with populations of
40,000 or more that completed Safe Driving Week 1980 without a fatal traffic accident, be received and
filed and City staff and the public in general be commended for their efforts in ensuring the success of
Safe Driving Week.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED. that the request of Tops Club Inc. for assistance in
the cost of printing of programs for their Provincial convention to be held in Saint John on May 8th and
9th, be referred to the grants committee.
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the re-zoning application of Norman W. Francis
Limited be added. to the agenda and considered at this time.
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne
voting "nay".
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the application of Norman W. Francis Limited
for the re-zoning of property on Broad Street, be referred to the Planning Advisory Committee for a
report and recommendation, and that authority be granted for the necessary advertising in this regard,
with the public hearing regarding this matter to be held on March. 2nd, 1981.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
"nay".
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED'that this meeting continue, in legal s~ssion.
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-"~"'~
_..r.
511
.,Land Committee
Jarvis Bldg
Property, city-
owned
Caton Develop- .
\ ment Ltd.
I
Land Committee
'Caton Dev. Ltd.
,Jarvis Bldg
Agreement
I
Caton Dev. Ltd
(snow removal)
\ Ci ty Solicitor
. Lord Beaverbroo
Rink
Committee of
\ Citizens L.B.R
I
, Victor Scott
C.M.H.C.
R.R.A.P.
, Insurance
City Manager
.
.1
Police Investi-
gation
Invoices
equipment, hire
D. Hatfield, Lt
I
.
..
On motion of Councillor A. Vincent.
Seconded by Councillor Green
RESOLVED that the letter from the Land Committee regarding the Jarvis
building, Prince William Street, be added to the. agenda and considered at this time.
"nay".
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne voting
Messrs. M. Winch and K. Kelly entered the meeting and outlined the proposal of Caton Development
Ltd. for development of this building.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, the proposal of
Caton Development Ltd. regarding the purchase of the Jarvis building, Prince William Street, be accepted, with
the wording of any agreement to be approved by the City Solicitor's Office, and that the Mayor and Common
Clerk be authorized to execute any and all documents required to complete this transaction.
It was noted that the above action will require ratification by Common Council in open session.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that as a condition of sale of the above building to Caton
Development Ltd., the said firm be responsible for removal of snow from the sidewalk in front of this building.
On motion of CouncillorA. Vincent
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor, submitting the oplnlon
of Mr. Eric L. Teed with respect to the operation of the Lord Beaverbrook Rink, and the letter from Mr. G. C.
Warner, Chairman, of the Committee of Citizens of the Lord BeaverbrookRink, requesting that the City petition
the courts to clarify the current status of the Committee, be laid on the table for two weeks for study.
Question being taken, the tabling motion was carried.
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest regarding the
next matter to be considered)
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor advising that several
months ago Victor Scott commenced an action against the City of Saint John and C.M.H.C. claiming misrepresenta-
tion On the part of a City employee in connection with the R.R.A.P. program, submitting a summary of the case
up to.the commencement of the trial which was scheduled for January 20th and 21st, 1981, and advising that he
concurs in the recommendation from the solicitor representing the City that Council approve settlement as
outlined, be received and .filed and Council approve settlement of this action, the City's payment being 60% of
$l~O, 000.00 or $24,000.00, plus 60% of the costs.
Question being taken, the motion was carried with Councillors Green and A. Vincent voting "nay".
Councillor A. Vincent suggested that the City should consider having an errors and omissions insurance
policy to cover instances such as the above matter. Mr. Park agreed to explore this possibility.
On motion of.Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the City'Manager submit to Council a report from Mr.
D. Buck, Deputy Commissioner of Housing and Renewal Services, regarding the above action.
The Council members asked that the said report include the duties for which Mr. Halassy was hired,
and his present duties.
(Councillor Elliot re-entered the meeting)
Consideration was given to a report from the City Manager regarding the missing slips controversy
concerning payment of the invoices from D. Hatfield, Ltd., and to a telegram from Councillor A. Vincent in
this regard. Copies of a letter from the Chief.of Police to the City Solicitor, submitting a brief summary of
the investigation by the Police Department in this regard, were distributed to the Council members.
Messrs. Ross, MacKinnon and Gabriel entered the meeting and lengthy discussion ensued regarding the
investigation by the Police Department. During the discussion, Councillor Wayne stated she now has eleven
questions regarding the said invoices, which she cited at this time. She stated she will turn over these
questions to the City Manager for investigation.. Councillor A. Vincent suggested that an inquiry under oath
should be held in this matter, however, Mr. Rodgers recommended that the City Manager be allowed to complete
his investigation, as recommended, before any further action is taken.
(Councillor Landers withdrew from the meeting during the foregoing discussion)
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the report from the City Manager regarding the missing
slips controversy concerning payment of the invoices from D. Hatfield, .Ltd., recommending that his investiga-
tion of the present practices in the Works Department be continued so that the necessary corrective action can
be taken by the City Manager to improve and strengthen the administrative procedures in this Department __ be
received and filed and the recommendation adopted, and that the City Manager also investigate the specific
questions raised at this meeting by Councillor Wayne;
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion
The meeting adjourned.
~c,
572
~
snow dump
\
Deaths
Colter Todd.
,
<~?:r~ng"By- Law
'Fire Fighter's Club
'Westmorland Plaza
Petition
,
E. & P. Holdings
,
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the second
day of February, A. D. 1981, at 7.00 o'clock p.m.
present
A. R. W: Lockhart, Esquire, Mayor
.
Councillors Denton, Elliot, Gould, Green, Knibb, Landers; MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Seconded by Councillor Landers
RESOLVED. that minutes of the. meeting of Common Council, held on
January 26th last, be confirmed.
In reply to a query of Councillor Wayne, Mr. McDermott advised that a report will be submitted
at the next meeting of Council regarding the possibility of making an area available for the dumping of
snow.by private contractors, as requested at the last meeting.
.
Councillor A. Vincent expressed his opposition to the fact that a telegram he had forwarded
for the last Council meeting,.and.which had been. scheduled for Legal Session, was not dealt' with.
Q,uestion being taken, the motion was carried with Councillor A: Vincent voting "nay".
On. motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that a letter of condolence be forwarded to the family of
the late Mr. Colter Todd, a City employee whose death occurred during the past week.
The .Common Clerk advised that the necessary advertising.was completed with respect to amending I
Section 139A of the Zoning By-Law by (a) reducing the distance requirements separating taverns and
cabarets from schools; churches and residential zones from the.present 500 feet (measured along the
street). and 300 feet. (measured in any other direction) to 300.feet and 250 feet, respectively, or (b)
eliminating any separation requirement between taverns and cabarets.and schools, churches and residential
zones, to allow the Firefighters' Club to locate in Westmorland Plaza, as requested by E. & P. Holdings
Limited, and that a letter, and a petition containing 101 signatures, has.been received in opposition to
the proposed amendment from the official board of the Glen Falls Pastoral Charge.
It was noted that a letter has been received from Mr. M. Barry.Roderick, solicitor for- E. & P.
Holdings Limited regarding the proposed amendment, advising that the proposed tenant for the premises in
question is the Saint John Fire Fighters Club Limited, a recently incorporated company, and that it is
intended that the internal portion of the building is to be removed to meet the needs of the said
company, and is intended to be used as a private, licensed club. Mr. Roderick submits that a land use
clause should have some rationale, and suggests that if the distance requirement in relation to a church,
school .or "R" zone was. amended to reflect the distance being calculated "from the face of the building .
to the street and measured along a street", such calculation would have a reasonable basis; as regard
the 300 foot requirement, Mr. Roderick submits this again is a distance requirement which is difficult
to explain (this is especially so. where anyone seeking.. to reach the nearest residential zone would have
to trespass over another lot; as shown on the plan submitted), and suggests the distance.requirement in
this case also could remain unchanged if.the distances were calculated from the main entrance door to
the proposed private club. Mr. Roderick suggests that if distances are to be used, that the point from
which. distances are calculated should be from the point which is the centre of any external comings or .
goings, namely, the main entrance door. Regarding the question raised before the Planning Advisory
Committee as to whether or not these premises were ever licensed bythe.Liquor Licensing Board, Mr.
Roderick submits a copy of a letter from.the said Board confirming that a special premises license was I
issued on October 29, 1975'to Regent Enterprises Ltd. for the said premises, which license was cancelled
on November 8, 1978 by order of the Liquor Licensing Board.
Mr. Roderick was present at the meeting on behalf.of.the applicant, E. & P. Holdings Limited,
and made reference to the comments contained.in his letter, .referred to above. Regarding the petition
received by Council in opposition to the proposed amendment, Mr. Roderick stated that he has learned
that there are two other churches which are located much closer to the premises in question, and that in
the entire City there are approximately 100 churchased, and he therefore suggests that the said petition
may not represent the majority view of the entire City. He stated he would agree with some of the I
comments submitted in the petition, but does not believe that such comments particularly relate to the
application in question. Mr. Roderick referred to.a staff report to the.Planning Advisory Committee
which states "while some Zoning by-laws do contain provisions regarding certain uses to be. located a
minimum of other uses, there is little evidence to indicate the sale and consumption of alcoholic
beverages would have any greater impact on an area than would other uses with no similar restriction...".
He noted that the. actual ~ntrance to the.premises in question is greater than 300 feet from the nearest
residence, and suggested that the proposed use of the premises may have a positive effect in improving
the.area in question from a policing point. of view, as it would be frequented by members of the Fire and
Police.Departments. In.reply to a query of Councillor Wayne, Mr. Roderick.stated he is not suggesting
that the distance requirements be eliminated entirely. In reply to a further query of Councillor Wayne,
he. advised that no objections.to the proposed amendment were made before the Planning Advisory Committee. .
Mr. Winch reported that.the proposed amendment was tabled at the last meeting of the Planning Advisory
Committee, and therefore no recommendation from that Committee is before Council at this meeting.
....
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573
. Plan. Advi Com.
S. J. Figure
\ Skating Club
Loyalist City
\ Hockey School
III 'Hockey camp
'John. MacWiTli
I
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\
S. J. Lacrosse
Assoc
I
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Union
,
.1 Local
No. 18
On motion.of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the above proposed amendment to the Zoning By-Law be laid
on the table pending a report and recommendation from the Planning Advisory Committee.
Question being taken, the tabling motion was carried.
Presentations were made at this time by Mrs. Donna Wong, President of the Saint John Figure Skating
Club; Mr. David Arsenault, representing the Saint John Lacrosse Association; and Mr. Rand. Kellock, on behalf
of the Loyalist City Hockey School, with regard to the decision made at the last Council meeting to approve
the proposal of Mr. John MacWilliams for operation of a summer hockey camp at the Stewart Hurley Arena.
Outlining the objections of the Saint John Figure Skating Club, as contained in their letter to
Council, Mrs; Wong reiterated their objections to relocating from the said Arena (necessitated by Council's
decision) as follows: (1) they are a non~profit organization and are volunteer members; (2) they buy $45,000
to $55,000 dollars yearly from. the City of Saint John.with an excellent credit record; (3) they have been
operating spring, summer and fallout of the Hurley Arena for the past five years enabling them to be an
established school; (4) because of their needs and the amount of dollars they have paid, the City installed
the dehumidifier and zamboni in the Hurley Arena knowing they would be there to use these; (5) the majority of
their skaters (90%) attending off-season schoois live east and many of these skaters travel by bike in summer
because of. working parents; (6) the Stu Hurley offers the privacy and seclusion needed. for their sport as no
other arena can; (7) many have stated that moving to a~other arena would unable them to attend because of
transportation; (8) they have established boarding facilities (east area) for their out of town skaters; (9)
it was suggested that maybe a mOve would enable them.to pick up a few more students, but they feel financially
such a move would cause their club to fold and possibly never again operate; (10) because they are a competitive
club they desperately need these off-season schools and raising the money needed takes many, many hours and a
tremendous amount of effort by the interested parents in their club; (11) a City employee has been moved onto
the Stu Hurley Arena property at great expense to the City for their benefit; and (12) the ice conditions at
the Hurley Arena are now excellent for their program and a move to another. arena would put them back to square
one. Following her submission, Mrs. Wong answered questions posed by the various Council members on the brief
of the Figure Skating Club, regarding the numbers of students in their programme, the residences of such
students, and ice quality. Mrs. Wong referred to a proposal presented to their group from the Recreation and
Parks Department, and suggested that a compromise could have been reached, however, Council subsequently made
its decision to approve the proposal of Mr. MacWilliams.
In discussion with Mr. Nicolle, he advised Council that the Lancaster Arena is not suitable for a
summer programme because of plant problems, plus the fact that the saidrArena has marginal equipment to
operate in the summer; he spoke of the dehumidification system at the Gorman and Hurley Arenas, and agreed
that there would not be the same level of dehumidifCation at the Gorman Arena, and confirmed that negotiations
between the various interested groups and his department had continued following Council's decision in Committee
of the Whole to accept Mr. MacWilliams' proposal, as he was not . aware of such resolution at that time, and
that a further proposal to accommodate all. interested parties was being considered.
During his comments to Council on behalf of the Saint John Lacrosse Association, which has operated
during the summer from the Gorman Arena, Mr. Arsenault spoke of the fact that their program will be drastically
affected if they are forced to move from the Gorman Arena, which has been suggested as the site to be used by
the Figure Skating Club and the hockey schools which presently operate from the Hurley Arena. Mayor Lockhart
inquired if the Lacrosse Association would be interested in using the Lord Beaverbrook Rink, if a scheduling
could be arranged, and Mr. Arsenault replied that that would be an definite advantage for their program in the
City. His Worship the Mayor asked that Councillor Elliot and Mr. Nicolle, members of the Lord Beaverbrook
Rink Committee, pursue this possibility.
Mr. Kellock expressed the objections of the Loyalist City Hockey School to the proposed hockey camp
by Mr. John MacWilliams and stated they feel that the City cannot support another school and that it would
seriously jeopardize any schools for the City in future years. He noted that Loyalist City Hockey School has
operated in the City for four years without any problems or complaints, and it has taken four years of commit-
ment On their part to develop a good program and establish quality instruction which is so important for
today's hockey skills. Mr. Kellock advised that the Loyalist City Hockey School intended to use the gymnasium
facilities at the Simonds High School, adjacent to the Hurley Arena, in conjunction with their 1981 hockey
school, and if.they are required to mOVe to another Arena, their hockey school will be eliminated.
Following further discussion, the Mayor thanked the representatives of the three interested parties
for their presentations, and advised that.in accordance with Council policy, a decision will be made by Common
Council, later in the meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from Civic Employees Local.Union No. 18,
C.D.F.E., requesting permission to present a position paper to Council, be considered at this time, and that
approval be given for the said presentation.
Question being taken, the motion was carried with Councillor Landers voting "nay".
John F. MacMill n Mr. John F. MacMillan of the Canadian Union of Public Employees national headquarters in Ottawa,
C.U.P.E. Ontario, advised that his organization has set up a national task force to study municipal government, and one
question being studied is the question of contracting out of municipal services. He stated that the brief to
be presented to Council at this time (copies of which were distributed to the Council members at this meeting)
will be made by Mr. John Calvert, Researcher for C.U.P.E. Also in attendance at the meeting were Messrs. R.
Davidson, local C.U.F.E. representative, R. McDevitt, President of Local No. 18, and members of the said
Union.
I
contracting out
of municipal
services
John Calvert
.
....
Mr. Calvert outlined the brief which he stated represents the concerned views.of Local No. 18
regarding the contracting out of municipal services, and cutbacks in staff and services. Mr. Calvert highlighted
relevant sections of the lengthy brief, which includes the following sections: they mythology of conracting
out; the conflict between service and profit; contracting out leads to the fragmentation of municipal services;
citizens lose the right to control their elected .representatives when work is contracted out; private contracts
can lead to corruption in City government; contracting out undermines the development of civic responsibility;
taxpayers are frequently fleeced by contractors; the system of estimating City costs is entirely inadequate;
there is too much contracting out of road and street repairs; the amount spent on equipment rentals is excessive;
the City is doing a more efficient job of collecting garbage; the dangers of outside control of garbage
collection; the City has made a mistake in abandoning the commercial container sector; commercial operators
are not paying their fair share of the costs of the landfill site; the City's spending priorities are under-
mining basic services; cutbacks are reducing the standard of public services; the growing use of zero based
budget techniques; the Market should remain in public hands; and cutbacks and contracting out sour labour
relations.
574
~
Union
S;J,lPolicemen's
Protective Assoc.
Establishment
Local 61
,
S.J. Arts Council
Grant
\ Globe & Mail
\
newspaper boxes
Parking
Sewell St
Policy
"mail boxes
The following are the recommendations as contained. in the above named brief: 1 the City
should take full control of the entire garbage collection system, both residential and commercial; (2)
the City should retain complete ownership and control of the market; no private contractor should be
allowedalilio\^~d to take the Market over; (3) the City should.bid on all maintenance jobs; (4) the size
of the rental budget for various types. of equipment should be reduced and the surplus re-allocated to
the purchase of new equipment; (5) the City should develop more expertise in the construction area so
that it can perform more of these jobs in~house;.(6) the work of contractors should be more carefully
checked; where they have done a slipshod job, the City should demand full repairs or compensation; it
should also avoid. giving contracts to such firms in the future;. (7).the City should restore the cutbacks
in all areas of the. City's services including garbage collection, parks and. recreation, fire, police, .
emergency services, street clea~ing, road repairs and snow removal; (8) the introduction of Zero Based
Budgetting.techniques should be halted; and (9) the City. should publish its audied accounts as well as
its budgets; a list of the contracts handed out and the amounts of such contracts for each deparmtent
,should be available for the.public.to monitor.
.
I'
Mr.. MacMillan stated that.the above .brief was prepared at the. request of Local No. 18 and he
feels. that the main theme in the brief is Ol)e of:, co-operation, and that. the expertise of his organization
is available; and that they want to work harmoniously with council to bring. about the. necessary change.
His Worship the Mayor thanked Mr.,Mac~illan for this presentation. and. stated those items
contained in the brief which are involved in the negotiating process will be handed over to the City's
negotiating committee, and that the remainder of the matters will be referred to staff, in order that
Council may respond to the.specifics raised in the brief.
I
His Worship the Mayor. also stated that regarding the request of the Police Union to present. a
brief to Council on ,the' subject of establishment cutbacks, Council is now prepared to hear such presenta-
tion in open.session.
On motion of. Councillor Knibb
Seconded by Councillor. Gould
RESOLVED that the matters raised. in the above brief involving
items involved in the negotiating process, be referred to.the City's negotiating committee, and that the
. remaining matters be referred to the City Manager for a report to Council. ...
On motion of Councillor MacCallum
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager, advising that a
request has been received from the. Saint John Arts Council for the City to give consideration to sponsoring
the publication of the May/June 1981 Saint.John Arts Council'Calendar of Events, and recommending that
this request be referred to the Grants Committee for consideration -- be received and filed and the
recommendation adopted.
'-,
On motion of Councillor Denton
Seconded by Councillor Green ',,, I
RESOLVED that the letter from the City Manager, advising that The
Globe and Mail, Toronto, Ontario, is requesting/permission. to set up 25 newspaper street corner boxes in
Saint John for the. distribution of its National.Report on Business Edition in early 1981, and recommending
that approval be given to the installation of such newspaper boxes at locations specified by the City of ,
Saint John -- be received and filed and the recommendation adopted.
Councillor Elliot noted that elsewhere in Canada, rentals are paid for the locating of such
news stands, and suggested that this matter should be investigated, as well as the style and location of
such stands.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be laid.on the table for one week,
pending a further report from the City Manager. .
Question being taken, the tabling motion was carried with Councillor Landers voting "nay".
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that the joint letter from the City Manager, Commis-
sioner of Engineering and Works, and Traffic Engineer, advising that staff have received citizen requests
for a two-hour parking limit on Sewell.Street, between Coburg and Dorchester Streets, .and that the,
request is reasonable and agrees with long-standing and rece~t legislation which limits parking on most I
of the adjacent streets in the area; and recommending that the submitted amendment to the Traffic By-Law
be referred to the Legal Department for. appropriate action -- be received.and filed and the recommendation "
adopted.
Councillor Gould suggested that consideration should be 'given to having the requested parki?~ .
restriction in ,effect only during the hours of 8 a..m. .to 6 p.m., except for those periods when no parking
is required to facilitate snow removal operations.
On motion. of Councillor Landers
I
Seconded by Councillor Knibb .
RESOLVED that.the joint report from the City Manager, Commissioner.
of Engineering and Works, and Deputy Commissioner of.Works,regarding Council's request that the City
Manager investigate and report on the Works Department policy in regard to rural mail boxes, advising
that in the fall of 1979 the Engineering and Works Department advertised the fact that the City shall
not be responsible for mail boxes damaged by City equipment during ploughing operations., and the same
policy statement was contained in the.Department's advertisement in the fall.of 1980; further advising
that the Department's point of view is that nothing should.be located on the road shoulder (this applies
to power poles, fences, mail boxes or anything else which may impede street maintenance.operations in
. any way), which point of view is not in conflict with post .office policy which only.requires that mail
boxes be accessible to .themail carrier from his .car or .vehicle, and the policy followed by the Department
is in.conformance with the .policy of the Province of New Brunswick; and recommending that Common Council
support Department policy which is that the City of Saint John shall not be responsible for the replace-
ment re repair of mail boxes damaged as a result of snow ploughing and clearing operations -- be received
and filed and the recommendation adopted.
.'
.....
,....
'575
.
Hazen Creek
\ Treatment Plan
Lightnin Manufa -
, turning Ltd
III Timmerlin Ltd
Forestry inven-
\ tory
watershed
Forestry techni
ian
I
o
.
Progress pay-
ments
\
Rothesay Ave.
storm sewer
, Que-Mar Const
_I
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the joint letter from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of. Works, submitting a memo from Mr. William Butler,. Chief
Engineer of Water and Sewerage in connection with a mechanical failure at the Hazen Creek Treatment Plant; and
recommending that Council approve the purchase of parts numbered 100 and 101 from Lightnin Manufacturing Ltd.
in Toronto, at a quoted price of $10,211.00 plus Provincial tax and freight -- be received and filed and the
recommendation adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, advising that as directed by Common Council, Timmerlinn
Limited conducted. a Forest Inventory Cruise of the Spruce Lake and Loch Lomond watersheds and woods, which was
conducted during the summer and early fall of 1980, and in addition to the inventory, the consultants were
asked to comment on present practices and make suggestions on the management of the forest as a watershed;
submitting the section of the forest inventory books which comment on the kind of management plan that must be
_ considered, and advising that staff has prep~red a series of recommendations designated to (a) develop a ten
year management plan and record system for the nine woodlot compartments and (b) commence immediately a
salvage cutting program of areas highly infested with spruce budworm; and submitting the following recommenda-
tions showing costs and projected revenue for the first year: (1) hire a full-time Forestry Technican for the
purposes shown, at an anticipated annual cost of $20,000.00; (2) commence surveying and maintaining boundary
lines; (3) hire two three-men crews to commence salvage cutting operations for the rest of the year; and (4)
approve a budget for 1981 operations; as submitted, .at a net budget of $78,830.00 -- be received and filed and
the recommendations adopted.
On motion of Councillor Elliot
Seconded by Councillor Wayne
RESOLVED that the above matter be laid on the table pending a teach-in.
Question being taken, the tabling motion was carried with Councillor Knibb voting "nay".
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following construction progress certificates, namely:-
1.
Rothesay Avenue Storm Sewer
Que-Mar Construction Limited
Supply and install storm sewer
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3,
dated January 28, 1981 Partial Holdback Release
$ 67,703.00
67,734.97
2,032.05
56,724.73
$ 8,978.19
L d
.
'Dorchester & Qu erf'.
Sts
'Metro Const
.
\ Stimulation Gra
Marsh Creek
Flood Damage
Reducation
_-Agreement
~I
I:!orth/South
Arterial
CBD Revitaliza~
, tion
Colpitts Subd
" Sanitary Sewer
System.
-Church Ave
Overpass
I
'D. Hatfield, Lt
.
ll...
Dorchester and Queen Streets
Metro Construction (1978) Limited
Street reconstruction and retaining wall
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated January 28, 1981 Partial Holdback Release
$ 59,880.50
57,856.00
1,735.68
49,177,59
3,
$ 6,942.73
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the City Manager advising that since 1977
t the Province has allocated funds from the Stimulation Grants.program to Saint John solely to pay for the
Provincial share of the Marsh Creek Flood Damage Reduction Agreement, and as the funds allocated were not
expended in 1980, it is very likely that there will be a further allocation to Marsh Creek in 1981; further,
the City was successful last month in obtaining assurance of a Stimulation Grant of $500,000 towards 1981
fiscal services which are related to cost-shared capital projects (the application for this grant is submitted).;
and submitting applications for the. following projects which were applied for in 1980 but which were not given
Stimulation Grants, and should also be resubmitted for 1981, namely: (1) North/South Arterial $500,000; (2)
CBD Revitalization $500,000; (3) Colpitts Subdivision Sanitary Sewer System $130,000; and (4) Water Supply
Interconnection at Church Avenue $313,500;.and recomme~ding that the ~ubmitted applications for 1981 Stimulation
Grants be submitted -- be received and filed and the recommendation adopted.
Deputy Mayor M. Vincent asked that the City Manager report to Council on the status of the Church
Avenue Overpass project. Councillor Wayne asked that staff also report on when the Provincial Government
intends to commence construction of the Marsh Creek Bridge.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED
for payment of the following invoice, namely;-
D. Hatfield, Ltd. - (Works) equipment rental
that as recommended by the City Manager authority be granted
Jan. 1-15, 1981
$ 22,326.36
Referring to the individual slips which had been forwarded to Council regarding the above matter,
the Council asked that in future, the City Manager only foward such invoices to Council as has previously been
done, without such accompanying slips.
(Councillor Gould withdrew from the meeting)
.
576,
City Manager
,
vehicles, additional
\ cost for towing
Loyalist City Towing
-- ~ -
.: '.::-,:"::j . C ~_~:":.~_::: ,C
Plan. Adv. Committee
terms of reference re
\ residency of members
\
Caton Developments Lt
Jarvis Bldg
"
,
Flood Risk Area.By-La
Lease
'Martin Flewwelling
Peter Buckland
-The.,princess Gallery
"'lIIIl
On
reen
,
Seconded by Councillor Landers
RESOLVED that the report from the City Manager on the possibility .
of the City recovering additional charges incurred for towing services during the last storm, as requested
at Council's meeting of.January 26th, 1981, submitting the tender form for towing services and citing I
the relevant section regarding.additional charges, and advising that as the successful tenderer, Loyalist
City Towing put a fleet of six trucks at the City's disposal during the last storm without delay at '
this time, City staff who administer the contract and who were familiar with the situation do not
consider that it is justified to bill the successful tenderer the additional. charges incuFred by the
City in engaging Bayview International, however, if Council wishes to exercise its discretion and bill
the successful tenderer the additional charges incurred, the City Solicitor advises that the City under,
its service contract arrangement may do so; further advising that at the last Council meeting, Loyalist
City Towing received much unwarranted criticism for their role in towing or not towing .for the City I
during the storm, however,.because conditions were so bad that the, tow trucks themselves were getting
stuck in the middle of the streets, or were sustaining damage due to the conditions., no. towing of I
abandoned cars was started until early evening as the storm abated; advising for the .further information
of Council that Loyalist has not yet submitted their invoices for towing services during the storm, and!
when these invoices are received they will be reviewed to ,qetermine.what extra costs.will be recommended
for payment; and recommending that as staff in administering. this contract do not believe that it is I
justified in the circumstances to bill the successful tenderer the additional charges incurred, that no;
further action be taken -- be received and filed-and. the recommendation adopted. !
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
I
"nay" .
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter from the City Solicitor.regarding Council's
request for an opinion with respect to the requirements under the Community Planning Act for a person
to be eligible for appointment as a member to the Planning Advisory Committee, advising that under the
Community Planning Act, one of the reQuirements for membership on the Planning Advisory Committee is
residency in the municipality, and while there is no definition of a "resident" in the Act, the generally .
accepted meaning in law is the bodily presence in a given place as the factual place of abode; and
further advising that in a particular case, if it is determined that the.member in question is a
resident, the recent appointment is proper and valid under the Act; otherwise, the appointment is null
and void, and Council has merely to make another appointment in order to bring the Committee up to
strength, be received and filed.
Councillor Landers stated that the question of residency of a particular individual which was
raised at the last Council meeting, has been clarified and that such person lives within the City ,
limits. The Common Clerk confirmed that he~cecked into the status of members of the Planning Advisory:
Committeeand has ascertained that all are residents of the City.
(Councillor Gould re-entered the meeting)
On motion of Councillor A. Vincent
1-
Seconded by Councillor Knibb
RESOLVED that the letter from the Common Clerk, advising that
Council ratification in open session of the following resolutions which were adopted by Common Council
in Legal Session on January 26th last, is required,. namely: "RESOLVED that as recommended by the Land
Committee, the proposal of Caton Developments Ltd. regarding. the purchase. of the Jarvis building,
Prince William Street, be accepted, with the wording of any agreement to be approved by the City.
Solicitor's Office, and that the Mayor and Common Clerk be. authorized to execute any and all documents
required to complete this transaction."; and "RESOLVED that as a condition of sale of the above building
to Caton Developments Ltd., the said firm be responsible for removal of snow from the sidewalk in front
of this building."; and submitting a letter from the Deputy Commissioner of Community Planning outlining
the proposal of Caton Developments Ltd. -- be received and filed and the said resolutions be ratified.
On motion of Councillor Knibb
.
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Amend The Flood
Risk Area By-Law of The City of Saint John, N. B.", by (1) designating Section 5 as subsection (1) of
Section 5; and (2) by inserting the following as subsection (2) of Section 5: "(2). Notwithstanding
subsection (1), a development may be permitted where (a) such development will not obstruct or interfere.
with the normal floodway.or free flow of flood. water during a flood period; and (b) it is to be carried
out so as not to reduce the flood water capacity of the affected area." -- be. read a third time and
enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law. to Amend The Flood Risk Area By-Law of The City of Saint John"
N. B." was read in its entirety prior to adoption of the above resolution. '
I~-
-,
I
The Mayor advised that Council will be considering allocation of grants for 1981 at a special'
meeting to be held later this week. I
(Councillors Green and Landers withdrew from the meeting)
Read report of the Committee of the Whole
(as follOWS)
I~
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on January 26th, 1981, when there were present
Deputy Mayor M. Vincent and Councillors Elliot, Gould,.Green, Knibb,.MacCallum, A. Vincent and Wayne,
and your Committee submits the following recommendation, namely:-
1. That as recommended by the Land Committee, the City lease approximately 1,200 square feet of
space at 39 Princess Street to Messrs. Martin Flewwelling and Peter Buckland to establish an art gallery
and framing business known as "The Princess Gallery", such lease to be for a period of five years at
the following annual rentals: first year - $1,200.00; second year - $1,800.00; third year - $2,400.00;
.
...
JI""
'577
.
I
I
Land Committee
159 Queen St. W
F. Evelyn Mac-
\ Coubrey
Land Committee
374 Watson St
\ Selena Walsh
.
Land Committee
308 Greenhead R
Hernani Nunes
et ux
Church Ave Over
pass
I
Land Committee
43 Canon St
John & Henry
" Arsenaul t
North/South
, Arterial
.
I
South-Central
Cornmunity
'Services
Council
snow removal
I
South'-Central
l Comm~nity
Services
Council
c.R.R.A.P.
\Canadian Cancer
. Society
Tobacco Restrai
,
Act
...
fourth year - $3,000.00; and fifth year - $3,600.00~ such lease to be renewable at the end of five years for a
further five years at a rent to be based on market rent of the property in its improved condition at that
time; that the City undertake as part of the leasing arrangement to alter the exterior of the building in
accordance with the wishes of the lessees, as expressed in their request to lease, with the exception that no
work will be done to the brick work at the present time; that the Mayor and Common Clerk be authorized to sign
any and all docUments related to this transaction; and that the lessees be responsible for removal. of snow
from the sidewalk in front of the said premises.
Saint John, N. B.,
2nd February, 1981.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the above report be received and filed and the recommendation
contained therein adopted.
(Deputy Mayor M. Vincent withdrew from the meeting)
.On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 159 Queen Street West (Lots 472 and 479, Brooks Ward), to
Mrs. F. Evelyn MacCoubrey, for the price of $1,000.00.
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that as :recommended by the. Land Committee, authority be granted
for sale of the freehold interest in property at 374 Watson Street (Lot 495, Brooks Ward), to Mrs. Selena
Walsh, for the price of $1,700.00.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the letter from the Land Committee, advising that on
November 10th, 1980 Common Council approve the signing of an agreement with Mr. and Mrs. Hernani Nunes, 308
Greenhead Road, whereby the City would acquire their property and Mr. and Mrs. Nunes would acquire a portion
of the City's property, and subsequent to this agreement being authorized it was realized that a triangular
portion of land would remain between the right-of-way of the new road and the property being acquired by Mr.
and Mrs. Nunes, who have therefore requested that the original agreement be amended so that they may also
acquire the triangular piece as shown on the submitted map; and recommending that the original agreement
reached with Mr. and Mrs. Nunes for the transfer of property. needed for the. construction of the Church Avenue
Overpass be amended so that.Mr. and Mrs; Nunes may acquire an additional area of approximately 3,000 square
feet, as shown on the submitted map, for the price of.$500.00, with Mr. and Mrs. Nunes being responsible for
any extra survey fees that may be involved -- be received and filed and the recommendation adopted.
(Councillor Green re-entered the meeting)
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the letter from the Land Committee advising that on
June 30th, 1980 Common Council approved the purchase of property at 43 Canon Street (required for construction
of the North/South Arterial) from the owners, John and Henry Arseneault for the sum of $11,000.00, however, as
during the search of title required prior to purchase, it was found that there was approximately $17,052.41
outstanding against the property, and Common Council, at its meeting of September 29th, 1980 resolved
that expropriation should.be commenced; further advising that since that time, the mortgage company, Finance
America Realty Ltd., has fireclosed and are now the owners of the property; and submitting the following
recommendations, namely; (1) that the property at 43 Canon Street be purcahsed for the sum of $8,050.00; (2)
that the Mayor and Common Clerk be authorized to sign any and all documents required to complete this transaction
(3) that any expropriation proceedings on this property be dropped; and (4) that Common Council resolution of
June 30th,.1980 which approved purchase of the said property from Messrs. John and Henry Arseneault for
$11,000.00, be rescinded -- be received and filed and the recommendations adopted.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of. Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from Mr; W. J. Stewart, Acting Secretary, of
the South-Central Community Services Council, expressing the concern of the said.Council with the snow removal
operations in the uptown and south portions of the City, be referred to the City Manager for a report and
recommendation. .
(Councillor Landers re-entered the meeting)
On motion of Councillor MacCallum
Seconded by Councillor Green
RESOLVED that the letter from Mr. W. J. Stewart, Acting Secretary of the
South-Central Community Services Council, commending the work of Council and in particular, the Housing and
Renewal Services branch, for efforts undertaken to promote the R.R.A.P. program in the South End area, be
received and filed.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the letter from Miss Pat McBride, Secretary of the
Saint John-Kings Unit of the Canadian Cancer Society, submitting a copy of the Federal Tobacco Restraint Act,
which provides for prohibition of sales to and use of tobacco by minors, and asking, in view of the inherent
dangers in developing a habit for tobacco in minors, that Council consider directing the Police ferce to make
greater efforts at enforcing this statute, be referred to the Chief of Police for information.
578
~
re-zoning
kterling Invest. Ltd
110 Metcalf St.
Plan. Adv. Com.
\
Hockey camp~~
John MacWilliams
LEGAL
S E S S ION
"-
Union
Local 18
strike vote
\
Legal Dept.
abusive treatment
invoices
,Police investigation
,equipment, hired
,
City Manager
Councillors
On motion of Councillor Elliot.
Seconded by Councillor Gould
RESOLVED that the application of Sterling Investments Ltd. for
the re-zoning of property at 110 Metcalf Street, be referred to the Planning Advisory Committee for a
report and recommendation, and that authority be granted for the necessary advertising in this regard,
with the public hearing regarding this matter to be held on March 16th., 1981.
.
(Deputy Mayor M. Vincent re-entered the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Green
. RESOLVED that the by-law entitled, "A Law to Amend the Zoning By- I
Law of the City of Saint John and Amendments Thereto"; insofar as it concerns re-zoning property at 1101
Metcalf Street, be read.a first time.
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saintl
John and Amendments Thereto". (;.'
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that Common Council reaffirm its decision to approve
proposal of Mr. John MacWilliams for operation of a.summer hockey camp at the Stu Hurley Arena.
,
I
the
,
I
Councillor Knibb suggested that the Recreation and Parks Department should be asked to give
all assistance possible to the groups who are having difficulty in relocating their programs to the
Gorman Arena. Councillor Gould suggested that a recommendation should be obtained from the Recreation
Advisory Board, or that it be ascertained if a reasonable solution can be found to accommodate all
interested parties. His Worship the Mayor stated that in view of comments made at this meeting regardihg
a further proposal to accommodate all parties, perhaps a satisfactory solution can be arrived at.
Councillor Landers expressed his support for summer programmes in City arenas, which will provide for
greater utilization of existing facilities. Deputy Mayor M. Vincent stated he would support the matter .
being referred back to staff for further negotiation. Councillor Green stated that he, too, feels a
compromise solution can be arrived between the interested groups and staff. Councillor Wayne expressed,
her concern that all information was not given to Council by staff when Mr. MacWilliams' proposal was
under consideration by Council. Councillor Elliot stated he would support any action which would result
in a satisfactory solution to the matter.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table for one week"
during which time the City Manager, appropriate staff, and the Recreation and Parks Advisory Board, be
requested to meet with the various groups to see if a compromise arrangement can be worked out to the
maximum satisfaction of all parties.
I
Question being taken, the tabling motion was lost with Councillors Denton, Knibb, Landers,
MacCallum, A. Vincent and Wayne voting "nay".
Question being taken, the motion was carried with the Mayor and Councillors Elliot, Gould,
Green and M. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED.that this meeting continue, in legal session.
Council was advised by staff that members of Local No. 18 have,.by a majority vote this date"
agreed to strike action. against the City, and that the said. Union has also voted to "work to rule".
Discussion ensued' regarding. the fact that members of the said Union have refused to work overtime this
evening, which was requested by the City due to.the weather, conditions at the present time.
.
Preceding the regular Council meeting, the Council met in Legal Session.
Read a letter from the City Manager, dated January 30th, 1981 regarding a request as contained
in the submitted. letter from Mayor Lockhart that .the City Manager look into and report on allegations of
abusive treatment by members of the Legal Department. The letter advises of discussions held with the '
people concerned in.this matter, and recommends that Councillors with specific problems to discuss
present them to the City Manager and/or the Department Head concerned, and that the City Manager will b~
responsible for implementing the necessary corrective action so that the matter can be disposed of in
the proper professional ma~ner which befits the close working relationships necessary between elected
and appointed officials. .
I
Discussion ensued regarding the above correspondence and regarding the investigation by the
Police Department involving invoices for equipment rental, during which Councillor Wayne stated she
would like to deal with. the.above matter in open session. Councillor Elliot noted that the above
recommendation of the City Manager is similar to a recommendation made to Council previously by the
Council Procedures Committee.
matter)
(Councillors Gould, .Knibb and Green entered the meeting during discussion of the foregoing
I
On motion of Councillor Elliot
~
JII"'"
579
,Police
\ investigation
Paintings
.
I
I
.
I
,Union
,Local 18
strike
.
I
I
....."..;..-....,
.
".
...
Read a letter from Councillor Wayne asking that Council be brought up to date regarding the investi-
gation into missing paintings from City Hall.
Mr. McDermott distributed copies of a memorandum from Mrs. Ella Grosweiner, Social and Cultural
Affairs Officer, to Mr. R. Park, Commissioner of Finance, dated February 2nd, 1981, regarding the City's
permanent art collection, which advising that'while checking for the location of each art work, she has been
unable to locate six of these works and can only assume that they are missing; and that these losses have been
reported to the City. Manager and Police Chief Ross and the matter has been investigated but the art works have
not been found; and further, the City Manager has requested that a claim be filed with the City's insurers for
the total evaluation of the insured art works that are missing.
Mr. McDermott reported that a claim has been filed with the City's insurers in the above matter and
the valuation of the City's art collection has been increased. He stated that photographs have been now been
taken of each art work in the City's collection, and that relevant information of each piece has been
recorded", "and that an inventory and update of information will be performed every six months.
On motion of Councillor Elliot
l
Seconded by Councillor Green
RESOLVED that the above correspondence be received and filed and that
an inventory and update of information be taken of the City's permanent art collection every month.
On motion
The meeting adjourned.
)~;~.
At a Common Council, held at the City Hall, in the City of Saint John, on Wednesday, the fourth day
of February, A. D. 1981, at 4.30 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Gould, Knibb, Landers, MacCallum, M. Vincent
and Wayne
- and -
Messrs. A. G. McDermott, City Manager; R. Park, Commissioner of
Finance, and F. Rodgers, City Solicitor.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that this meeting be held in Legal Session.
Council was advised that by letter dated February 3rd, 1981, Civic Employees Local Union No. 18,
C.U.P.E. have advised that whereas contract negotiations have been ongoing since November 1980, and whereas
the Department of Labour rejected the Union's request for a Conciliation Board, that a strike vote has taken
place with an overwhelming directive to take strike, action if necessary to bring about a settlement in this
dispute. The letter gives notice that as per Section 97(1) of the Industrial Relations Act, the Union intends
to take strike action, if necessary.
Discussion also took place regarding the fact that members. of the said Local No. 18 refused to work
overtime during a storm on Monday, February 2nd, 1981, following a request from management.
On motion of Councillor Landers
Seconded'by Councillor Wayne
RESOLVED that the following resolution be adopted, namely:-
"WHEREAS Civic Employees Local Union No. 18, Canadian Union of Public Employees, have refused to
respond to an emergency situation and gave every indication that the Employer would be faced with similar
response in the future:
THEREFORE BE IT RESOLVED that the Employer, by virtue of the Industrial Relations Act, hereby gives
written notice to Local No. 18, Canadian Union of.Public Employees, that the Employer intends to lock out its
employees. " .
It was the consensus of the Council members present that it would be the prerogative of the City
Manager and the City's negotiating committee to take action on the above matter, if and when it is deemed
necessary.
On motion
The meeting adjourned.
;;a
Common Clerk ((.
At a Common Council, held at.the City Hall, in the City of Saint John, on Monday, the ninth day of
February, A. D. 1981, at 4.00 o'clock p.m.
pre sent
A. R. W. Lockhart, Esquire, Mayor
5&0
Union
Local 18
strike
\
Congratulations
'Jean Clark Swan
\
C. P. Rail
'Agreement
Canada Wire & Cable
,
,
Tender accepted
.Keystone Printing &
'Lithographing Ltd
Indexed street map
Salvage Corps & Fire
, Police
,Kenneth Steen
'Norman Wasson
,
Lease
'Harold & Pearl Lord
'Market
\
Richard Reynolds
""--:':"'-
\
Eric L. Teed
street lighting
\
~
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
.
Messrs. A. G. McDermott., City Manager~ R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, J. C. MacKinnon, Commissioner of Engineer-
ihg and Works, S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel,
Deputy Connnissioner of Works, M. Zides, Cominissioner of Community Planning
and Development, M. Winch, Deputy Commissioner of Community Planning,
C. E. Nicolle, Director of Recreation and Parks, J. Brownell, Assistant
Director of Recreation,.J. F. Ross, Chief of Police, D. French, Director
of Personnel, G. Soucy, Labour Relations Officer~ J. Johnson, Building
Inspector, D. Buck, Deputy Commissioner of Housing and Renewal Services,
and K. Galbraith, Administrative Assistant to the Mayor
I
The meeting opened with a prayer which was invoked by Councillor Denton.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that minutes of.the meeting of Common Council, held
I
on,
I
I
I
February 2nd last, ..be confirmed.
His Worship the Mayor read a prepared statement regarding the present legal strike by members:
of Civic Employees Local No. 18, C.U.P.E., in which he thanked the management and supervisory personnel
. ,
of the City for their efforts in providing service to the City during storms this past weekend, and '
thanked the citizens in general for their patience and understanding. He stated that the City is
prepared at any time to resume negotiations with the said Union.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that a letter of congratulations be forwarded to Mrs.
Jean Clark Swan, who is today celebrating her 100th birthday.
.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding the
inquiry from CP Rail as to whether the City required the former Canada Wire and Cable private crossing
of the CP Spur Line at Fairville Boulevard, advising that this crossing is not needed by the Transit
Commission for access to their property, however, the private crossing is still required for access to
the lands which remain in City ownership; and further advising that CP Rail were notified of the City's
requirement for this private crossing, at a rental of $40.00 per year, plus $25.00 the first year for
preparation of an agreement -- be received and filed and that the Mayor and Common Clerk be authorized
to execute the said Private Crossing Agreement with CP.Rail.
I
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the lower bid
received, namely; that of Keystone Printing and Lithographing Ltd., be accepted for printing of the 198k
Indexed Street Map, in the amount of.$273.45 perM., plus taxes.
On motion of Councillor:Landers
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager, advising that as ,
recommended by the Fire Chief, Council is requested to confirm the election of Captain Kenneth Steen and
Lieutenant Norman Wasson, who were recently elected by the No. 2 Company Salvage. Corps and Fire Police
for the year 19B1 -~ be received and filed and the request acceded to.
.
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended in'the joint report from the City
Manager, Commissioner of Engineering and Works, and Deputy Commissioner of Works, Council approve a
month-to-month lease to Harold and Pearl Lord for Stalls 4' and 5, Counters E-l to E-3 in the City Market.,
containing 826 square feet, at the rate of $3.50 per square foot per year, for a total monthly rental of,
$240.92.
I
Question being taken, the motion was carried with Councillor Denton'voting "nay".
On motion of Councillor Knibb
Seconded by Councillor.M, Vincent i
RESOLVED that the joint report from the City Manager, Commis~t~
sioner of Engineering and Works, and Deputy Commissioner of Works, regarding the letter to Council from
Mr. Richard Reynolds with respect to winter service and general road conditions on Clairmont Street, I
stating the opinion that Clairmont Street receives as high a level of service as other public local
streets and a higher level of service than most private streets, and noting that Clairmont Street is
listed as a private street; and advising that in reference to Mr. Reynolds' request for paving or ,
chipsealing, the project is presently being consldered by the Engineering branch along with 19B1 capital I
projects; and recommending that Clairmont Street be referred for consideration to the 1981 capital works,
program, and further, that the present service offered to Clairmont Street is in conformance with
current policy and the City's financial capabilities -- be received and filed and the recommendation
adopted.
On motion of Councillor Me Vincent
Seconded by Councillor Wayne
RESOLVED that the letter fro~ the City Manager regarding the
suggestion of Mr. Eric L. Teed that consideration be given to a policy.of having street lighting reduced,
or terminated whenever a major power blackout takes place as a means of assisting Power Commission
.
~
,....
'5'81
.
\
snow dumps
I
I
\ Tender awarded
,Maritime Sod Lt
'Golf Course
.
, Go If Cours e
conc.essioflo'-.E'lge
I
\Lorneville Area
Pollution
Problems Comm.
'Fundy Pest Cont
\Landfille site
rodents
Craig & O'Neil
\
Assoc. Ltd.
\job evaluation
, Union, Local 48
.
I
,Scottish Enter-
prises Ltd.
\. Deferred Widen-
ing By-Law
I
.
...
officials in restoring full power, advising that this suggestion has been discussed with the Power Commission
staff and while they appreciate the intent of Mr~ Teed's suggestion, it is not practicable to carry out,
however, consumers could assist in the event of a black-out by turning off electric heating and the like, be
received and filed.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, regarding the letter from Councillor Wayne.asking
that snow dump sites for public use be provided by the City, advising of requirements and conditions which
must be considered if Council wishes to accept the responsibility of providing sites for snow dumping; further
advising of the three snow dump sites being used by the City, and of. investigation done in the event that
Council policy requires that the City supply snow dump sites for private use; and further advising that in the
opinion of staff, the provision of this kind of service can result in many administrative difficulties, and
therefore recommending that the City not provide sites for public dumping of snow as this can best be done by
the private sector -- be received and filed and the recommendation adopted.
During discussion of the above matter, Councillors Wayne and Green suggested that an area could be
found, either by dumping directly in the water or utilizing gravel pit sites, for the dumping of snow by
private contractors.
"nay".
Question being taken, the motion was carried with Councillors Green, MacCallum and Wayne voting
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, Maritime Sod Limited
be awarded the contract for Phase 1 of the Rockwood Park Golf Course Expansion, in the amount of $211,307.00,
being the lowest tender received.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that as previously requested, the City Manager report to
Council on the feasibility of having licensed lounge facilities at the Rockwood Park Golf Course.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager regarding the recommenda~'.
tion of the Lorneville Area Pollution Problems Committee that Fundy Pest Control be retained on an ongoing
basis to bait the Spruce Lake Landfill Site, advising that Fundy Pest Control has been retained for this
purpose at a cost of $195.00. per month, be received and filed.
01
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED. that the letter from the City Manager, advising that on
February 4th, 1980 Council authorized the firm of Craig and O'Neil Associates Ltd. to carry out a job evaluation
for those positions covered by Local 486 at a cost ior fees and expenses not to exceed $fo,ooo.OO, and reCOm-
mending payment of the invoice from Craig and O'Neil Associates Ltd., in.the amount of $1,771.79, which will
bring the total expenditure to $11,581.59 -- be received and filed and. payment of the said invoice be approved.
Mr. McDermott advised that the said job evaluation. is now complete and has been received by the
City. He advised that the above additional expenses were the result of two trips made to Saint John by the
said consultants at the request of the City.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that payment of the above invoice be laid on the table, and the
City Manager be requested to supply additional information regarding the additional costs incurred.
Question being taken, the tabling motion was carried.
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest regarding the
next matter to be considered).
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding the letter to
Council from Scottish Enterprises Ltd. relating to the purchase of lands affected by the Deferred Widening By-
Law for the Eastern Arterial, whiCh requests that negotiations be finalized for the. property by March 1st,
1981, advising that the Community Planning Act provides a period of six months for the City to acquire land
affected by the Deferred Widening By-Law, and the City has until at least March 17th to take action on this
matter; and recommending that the Company be advised that every effort will be made by the City to take the
necessary action within the time limits specified in the Community.Plann}ng Act -- be received and filed and
the recommendation adopted.
(Councillor Elliot re-entered the meeting)
Read 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 begs leave to report that it sat on January 5th, 1981 when there were present Mayor
Lockhart and Councillors Elliot, Gould, Knibb, Landers, MacCallum, M. Vincent and Wayne, and your Committee
submits the following recommendation, namely:-
~
582
\
Quebec Nordiques
1. That the Quebec Nordiques be informed that they will be given the right to first negotiations
if and when an arena facility becomes available. in the City for professional. hockey, and that the Legal'
Department be requested to draft the appropriate documentation in this regard.
Saint John, N. B."
9th February, 1981.
Respectfully submitted,
(sgd.) A..R. W. Lockhart,
Chairman.
.
On motion of Councillor Landers
Seconded by Councillor Green
.RESOLVED that the 'above. report be received and filed and the
recommendation contained therein adopted:
I
AND FURTHER that the Mayor and Common'Clerk be authorized to execute the necessary documentation
on behalf of the City. '
I
Councillor Wayne stated she has some reservation about the City entering into such an agreement.
Mr. Rodgers confirmed that the Quebec Nordiques will be given the right to first negotiations, and not
an option for use of.a facility.. Councillor Gould suggested that any agreement contain provision that
such right to first negotiations cannot be assigned to another party.. Councillor MacCallum stated he
will oppose the motion, having regard to the present .financial position of the City.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting
I
"nay".
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
I
.1
The Committee of the Whole
report s
.
\
Theatre N.B.
Grant
Your Committee begs leave to report that it sat on February 4th, 1981 when there were present
Mayor Lockhart and Councillors Denton, Gould, Knibb, Landers, MacCallum, M. Vincent and Wayne, and your
Committee submits the following recommendations, namely:-
1. That the letter from Theatre New Brunswick. requesting financial support from the City, and
advising that they will be very responsive to any requests for. assistance during the Bicentennial
celebrations, be received and filed and Theatre New Brunswick be thanked for its offer of assistance
during the Bicentennial celebrations, and be advised that their request for financial assistance from
the City at this time is denied.
\
Tops Club Inc.
\
S. J. Arts Council
Grant
Saint John, N. B.,.
9th February, 1981.
Respectfully submitted,
(sgd.) A. R.. W. Lockhart,
Chairman.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED. that section 2 of the above report be adopted.
.
Question being taken, the motion was carried with Deputy Mayor M. Vincent voting "nay".
(Councillor Gould withdrew from the meeting)
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that section 30f the above report be adopted.
I
On motion of Councillor Knibb
I
.,
\
Budget
Grants
for 1981
.Seconded by Councillor Wayne
.RESOLVED that
ation has been made in the 1981 budget be approved,
otherwise, at the discretion of the Commissioner of
I
I
the following grants and transfers for which appropri-
,
be by instalment or I
\
the payment of which shall
Finance; during' 1981:-
Health Organizations
Victorian Order of Nurses
Welfare OrRanizations
Canadian National Institute for the Blind
Salvation Army
Family Services of Saint John Inc.
Visiting Homemakers Service
Saint John Human Development Council
Volunteer Bureau
. r"l-],'jl~f'7e-(' ;1.re').
$ 4 , 000
I
1,000
1,500
10,000
16,000
13,500
2,500
Educational Grants
Action Workshop
.
1,500
....
Jl"'"
5.8.3
.
I
I
.
F.. - Bernard
McGrath
Zoning conditio
671 Charles St
I
Land Conunittee
198-100 St. .
, James St.Wes
~Helen Arseneau
Land Conunittee
223 Germain St.
\ Gregg Malloy
I
Land Committee
93 Rodney St
Norma Drr
,
I Land
Committee
247 St. George
'Ronald G. Butle
Land Committee
~20 Suffolk St
Luke Comeau
\
.....
Recreation and Cultural Services
Saint John Horticultural Association
New Brunswick Museum - Operating
- Building
Saint John Regional Library.
Cherry Brook Zoo
New Brunswick Competitive Festival of Music
Atlantic Symphony Orchestra
Clock Upkeep
Senior Citizens Housing
Young Women's Christian Association
Saint John Boys and Girls Club - Operating
- Capital
Young Men's Christian Association
New Brunswick Historical. Society
New Brunswick Youth Orchestra
Loyalist Days Incorporated
Grants not specified
Senior Citizens Centre
Boy Scouts of Canada
75,000
37,800
50,000
139,800
62,000
1,000
900
625
16,500
4,000
70,000
10,000
16,500
1,000
800
45,000
125,365
Free Rent
2,000
Other Transfers
Ambulance Service
Animal and Pest Control
Parking Commission
Saint John Transit Conunission
Fundy Region Development Commission
Canada Games Bid
Bicentennial Committee - 1981 Operating
- Balance of $30,000 approved by Common Council
September 29, 1980
100,000
80,000
90,000
1,144,000
57,300
6,000
40,000
17,500
Councillor MacCallUm stated he approves of the 1981 grants, with the exception of the grant to the
Cherry Brook Zoo.
Question being taken, the motion was carried.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that. the letter from the Planning Advisory Committee regarding
the request of Mr. F. Bernard McGrath for a change in the re-zoning conditions of property at 671 Charles
Street, to permit a double-faced ground sign, submitting a report of the Planning Branch which advises that
s the said property was rezoned less than eighteen months ago at the.request of the applicant who was well aware
of the conditions of re-zoning, nevertheless, he erected a 4-foot by 8~foot double-faced (64 square foot)
ground sign contrary to a.condition of the re-zoning which permitted non-illuminated fascia signage of a
maximum of sixty square feet, and without obtaining a building permit, and recommending that no change be made
in the conditions of approval and that the existing sign be removed immediately -- be received and filed and
the recommendation adopted.
(Councillor. Gould re-entered the meeting)
Councillor Landers asked if the appropriate action is going to be taken to ensure that the law
regarding the above matter is complied with, to which the City Manager gave affirmative reply.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in property at 198-200 St. James Street West to Mrs. Helen Arseneau~..
for the sum of $1,700.00, and that the Mayor and Common Clerk be authorized to execute any and all documents
pertaining to this transaction.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 223 Germain Street West to Mr. Gregg Malloy, for the sum of
$1,800.00, and that the City retain an easement with a width of 10 feet across the rear of the property, as
shown on the submitted plan, and that the Mayor and Common Clerk be. authorized to execute any and all documents
pertaining to this transaction.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, . authority be granted
for sale of the freehold interest in property at 93 Rodney Street to Mrs. Norma Orr, for the sum of $1,400.00,
and that the Mayor and Connon Clerk be authorized to execute any and all documents pertaining to this trans~c.".
action.
On motlon of Councillor Denton
Seconded by Councillor Green
RESOLVED that as recommended by the. Land Committee, authority be granted
t for sale of the freehold interest in property at 247 St. George Street to Mr. Ronald G. Butler, for the sum of
$1,900.00, and that the Mayor and Common Clerk be authorized to execute any and all documents pertaining to
this transaction.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 20 Suffolk Street to Mr. Luke Comeau, for the sum of $1,600.00,
and that the Mayor and Common Clerk be authorized to execute any and all documents pertaining to this trans-
action.
584
~
Land committee
223 St. James St. W
Murray D. Cunningham
, .
Land Committee
361-365 Lancaster St
Michael Vautour
Land Committee
424 City Line
Ralph Richard
Land Committee
Lockhart Street
Burton Purcell
\.
i
S.J. Figure Skating C
Counc. Wayne
John MacWilliams
,hockey camp
\
lrenas
Jolicy
Grant
duplicate bridge
players
Policy re
conventions & recep~
tions
C.O.1.L.
1985 Summer Games
Committee
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority
be granted for sale of the freehold interest in property at 223 St. James Street West. to Mr. Murray
D. Cunningham, for the sum of $2,500.00, and that the Mayor and Common Clerk be authorized to execute
any and all documents pertaining to this transaction.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED.that as recommended by the Land Committee, authority
be granted for sale of the freehold interest in property at 361-365 Lancaster Street (Lot 571,
Brooks Ward) to Mr. Michael Vautour, for the sum. of $2,300.00, and that the City retain an easement
over a 10-foot strip along the northern boundary of this property, as shown on the submitted plan,
and that the Mayor and Common Clerk be authorized to execute any and. all documents required in
connection with this transaction.
On motion of Councillor Green
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, authority
be granted for sale of the freehold interest in property at 424 City Line to Mr. Ralph Richard, for
the sum of $2,400.00, and that the Mayor and Common Clerk be authorized to. execute any and all
documents pertaining to this transaction.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that. as 'recommended by the Land Committee, authority
be granted for sale of property on the southern side of Lockhart Street, as shown on the submitted
map, to Mr. Burton Purcell, for the sum of $2,200.00, and that the Mayor and Common Clerk be authorized,
to execute any and all'documents pertaining to this transaction.
(Councillor A. Vincent entered the meeting)
In reply to a query of Councillor Knibb, Mr. Park outlined the practice of the City in
depositing proceeds from land sales to the City's sinking fund.
b Read a letter from Councillor Wayne advising that since the last Council meeting with
regard to the Figure Skating Club moving to the Gorman Arena from the Stu Hurley Arena, it has been
brought to her'attention.that apparently the. groups involved in the move are of the understanding
that staff did not have enough time to. deal with the matter and report back to Council; she has been
led to believe that Mr. John MacWilliams approached staff in November, and further; that when he
approached staff with regard to the Hurley Arena, he. was told to go out and. negotiate with the
.Figure Skating Club, which she finds to'be a very.unusual practice" The letter advises. that Councillor
Wayne has been approached by members of the Recreation. and. Parks Advisory Board who are also under
the misapprehension that the first time Mr. . MacWilliams made.application to.the City with regard to
his hockey school was when he appeared before Council in January. The letter recommends that this
matter be referred to the City Manager for a full report back to Council as to why this citizen's
proposal was not given the due consideration and co-operation it should have received from staff.
On motion of. Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the above matter be. referred to the City Manager
for a full report.
During discussion of the above matter, Councillor Wayne stated that she would like this
matter referred to the City Manager so that a policy might be adopted regarding the use of City.
arenas for the future, to eliminate the problems encountered in this matter, from re-occurring ~n
the future, and that the present practice should be looked. at; and changes . made , if required.
Several Council members suggested that the entire matter regarding the proposal of Mi. MacWilliams
should be referred to staff for their recommendation. Councillor Wayne reiterated that she is not
suggesting that this specific instance be investigated, but that a policy be decided to avoid such
problems in the future. The Mayor suggested that the_City Manager should also receive the views of
the Recreation and Parks Advisory Board in this matter. In reply to a query, Mr. Nicolle stated
that following Council's decision to approve the proposal of Mr: MacWilliams, his Department. is
presently finalizing the required agreements for the said summer hockey camp. He advised that the
Figure Skating Club will be coming back to the Department with a proposal for operation of their
summer programme, which will be costed by the Department and forwarded to Council:
Question being taken, the motion was carried with the Mayor and Councillors Green, A.
Vincent and M. Vincent voting "nay".
On motion of Councillor Landers
Seconded by Councillor MacCallum
RESOLVED that the letter from Anna Kinsella, requesting
assistance from the City regarding the 1981 duplicate bridge. players fall sectional, be referred to
the grants committee.
Councillor Wayne suggested that Council should review the present policy regarding financial
assistance for conventions and receptions, and she. asked that this matter be considered at the next
Council meeting.
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that the letter from Centers Offering Independent
Lifestyles Inc., requesting that Council appoint a disabled person to the 1985 Summer Games Committee
to assist in ensuring that all facilities used for the. said Games are both accessible and usable, be
referred to the Nominating Committee.
r
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I
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I~
I',
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~
I"""
585
.
Lord Beaverbroo
Rink
Comm. of Citize
~ L.B.R.
I
I
City Solid tor
Legislation re
.\c~nflict of '
lnterest
invoices
'equipment, hire
'investigation'_
. ~.... -
I
.
I
I
.
Emergency
Measures
Law
By-
110.
On motion of Councillor Gould
o.! ~
Seconded by Councillor Landers
RESOLVED that this meeting continue, in legal-session.
Consideration was given to the letter from the City Solicitor, submitting the opinion of Mr. Eric L.
Teed with respect to the operation of the Lord Beaverbrook Rink, and to the letter from Mr. G. C. Warner,
Chairman of the Committee of Citizens of the Lord Beaverbrook Rink, requesting that .the City petition the
s courts to clarify the current status bf the Committee, which letters had been tabled at Council's meeting of
January 26th last for study.
During ensuing discussion, Councillor Wayne suggested that the City should obtain an oplnlon from
the faculty member of the University of New Brunswick Law School who teaches.trust law, before proceeding in
this matter. Regarding the question of grants by the City for operation of the Lord Beaverbrook Rink, Mr.
Rodgers stated that he is not going to give an opinion on,this question, for reasons which he outlined at this
time. Councillor Elliot suggested that the City should receive written confirmation from the Trusteees that
they have no interest in this facility.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the City Solicitor be requested to obtain an opinion
from a member of the Faculty of Law of the University of New Brunswick on the opinion of Mr. Teed that the
agreement dated June 11, 1960 is neither a deed of transfer, a deed of gift, nor a trust agreement.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED. that the letter from the City Solicitor, reviewing the proposed
Provincial conflict of interest legislation, as previously requested by Council, be received and filed, and as
suggested by the City Solicitor, the Mayor be authorized to contact the Minister of Municipal Affairs with the
suggestion that officials of the Municipal Affairs Department invite to Fredericton the Mayors, or their
Council designates, from the cities of Saint John, Fredericton and Moncton, together with the City Manager and
City Solicitor of those cities, for the purpose.of going through the legislation in more detail with a view to
a more common understanding of the legislation.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
, RESOLVED that the letter from the City Manager, advising that the
Finance Department has not yet completed their audit into the areas suggested by Common Council regarding the
payment of invoices, and because of this, the City Manager will require one more week in order to complete his
investigation into this matter, be received and filed.
Mr. Park noted that due to the present strike against the City by civic employees, there may be a
further delay.in completing the above investigation.
(Councillor Elliot.withdrew from the meeting due to a possible conflict .of interest regarding the
next matter to be considered).
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the letter from the City Manager, advising that due to
the fact that he has been unable to interview all the parties concerned in the matter of action against the
City and C.M.H.C. by Victor Scott, and as it is expected that these interviews will not be completed before
Wednesday of this week, this item will be reported at the next meeting of Council, be received and filed.
On motion
The meeting adjourned.
c~~
At a Common Council, held at the City Hall, in the City of Saint John, on Thursday, the twelfth day
of February, A. D. 1981, at 7.30 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, N. Barfoot, Assistant City
Manager, J. C. MacKinnon, Commissioner of Engineering and Works,
J. F. Ross, Chief of Police, and G. Prentice, Public Relations Manager
Councillor Elliot offered the opening prayer.
The Mayor advised that this special meeting of Common Council has been called for the purpose of: (1)
considering the enactment of an Emergency Measures By-Law; (2) considering the appointment of three persons to
the Municipal Emergency Measures Organization; (3) considering the appointment of a Director of the Municipal
Emergency Measures Organization; and (4) considering the appointment. of a committee consisting of the Mayor and
three members of Council.
586
~
,
Emergency Measures
By-Law
\
Emergency Measures
Organization
Chief of Police
Fire Chief
Comm. of Eng & Works
Counc. M. Vincent
Counc. H. Green
Counc. G. F. Elliot
The Mayor read a prepared statement. which notes that over the past months this City has __
experienced one of the worst winters in memory and that last night between the hours of 2 a.m. and 7 a.m.
something less than 1 1/2 inches of rain fell, creating what the Deputy Commissioner of Works called one
of the worst floods in many years, and it was this heavy rainfall, together with the threat of rain ...
turning to freezing rain, which caused staff to recommend to him at 6 a.m. this morning that an emergency
situation be.declared;.however,.within a short time the weather conditions improved. He stated that he .
accepted the opinion of staff. this morning and makes nO apology for being over-cautious where the safety
of citizens is concerned. .He stated that for those citizens who live. in the flood plain area of the City
there is still an emergency due to the flooding conditions.
The Mayor noted that the Emergency Measures By-Law to be considered at this meeting may deal
with hundreds of emergencies covering the need for men and equipment; the authority to restrict and
control traffic, and the protection of both persons and ,animals. He stated that the by-law is drawn on
the authority of the.Provincial Government, which already has such powers, and.it requires separate
Council approval for each declared emergency. He.noted that the .proposed by-law does not deal with
strikes, however, .there are situations which may take place during a strike where public.health or public
safety are in danger, and obviously, the by-law would likely apply in those circumstances. He stated i
that the by-law is for emergencies only and it is his sincere hope that it will not be necessary for
Council to exercise such powers, but if it is necessary, henopes the unionized employees will be working
with the City under the terms of a fair collective agreement, to serve all the citizens.
I
Read a first time the by-law entitled, "A By-Law to .Formulate Plans in the Event of an Emergen~y".
On motion of Councillor Denton
Seconded by Councillor Green
.RESOLVED that the by-law.entitled, "A By-Law to Formulate Plans in
the Event of an Emergency", be read a second time. .
Read a second time the by-law entilted, "A By-Law to Formulate Plans in the Event of an Emergency".
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that .a state of emergency be declared regarding enactment,
of the above by-law, and that the said by-law be given third reading and enacted at this meeting.
Question being takeri, the motion was lost .with the Mayor voting "nay", the unanimous .vote of
all Council members present being required.
The Mayor stated that the reason he voted against the above motion was because he believes the I
by-law should be read in its entirety at this time, .and that his understanding was that it required
second reading to be legal, and if that is not the proper procedure then he voted under the wrong informa-
tion, and therefore suggests that the motion be reconsidered. In reply to a query of Deputy Mayor M.
Vincent, Mr. Rodgers stated he would recommend that Council, if it wishes to proceed with any further
readings of the by-law.in question at this time, that a Council member on the prevailing side of the
motion propose a motion to reconsider the item.
On motion of Mayor Lockhart
Seconded ~y Councillor Elliot
RESOLVED 'that the above motion be reconsidered.
Question being taken, the motion was carried.
On motion of Councillor Gould
.
Seconded by Councillor Elliot
RESOLVED that a state of emergency be declared and that the said
by-law be given third reading and enacted at this meeting.
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Wayne 1-
RESOLVED that the by-law entitled, "A By-Law to Formulate Plans in
the Event of an Emergency", be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law to Formulate Plans in the Event of an Emergency" was read in its:
entirety prior to adoption of .the above resolution.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the following resolution be adopted, namely:-
I
"WHEREAS the Common Council, by virtue of the Emergency Measures Act and the enactment of the
Emergency Measures By-Law has established a Municipal Emergency Measures Organization:
BE IT RESOLVED that the Emergency Measures Organization consists of three persons, namely:
J. F. Ross, Chief of Police; P. Clark, Fire Chief; and J. C. MacKinnon, Commissioner of Engineering and
Works:
AND FURTHER BE IT RESOLVED that the Council hereby appoints Mr. J. C. MacKinnon as Director of
the Municipal Emergency Measures Organiza~ion:
.
AND FURTHER BE IT RESOLVED that the Council hereby appoints a committee, consisting of the
Mayor, and three members of the Council, namely: Councillors M. Vincent, Hartley Green, and G:. Forbes
Elliot.".
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,.
"~87
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Glen Falls
, fl oodi ng
I
Union
pickets
\
I
LEG A L
S E S S ION
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I
. Union
Local 18'
,
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I
Union
, Local 486
Working Agree-
ment
.
.....
Councillor Gould asked if, in the absence of the Director of the Municipal Emergency Measures Organi-
zation, there is provision for his Deputy to fill such position. Making negative reply, Mr. Rodgers advised
that the committee has the same power 'and will be in existence. Councillor Wayne asked if there is an emergency
tonight such as was experienced in the City last night, and more particularly in the flood plain area, and if
Local 18 once again interferes in the City trying to get the necessary equipment to keep this area from flooding,
what is the procedure for declaring an emergency area. The Mayor replied that such action requires the consensus
and approval of a majority of the Council members under the by-law, and that each separate declared emergency
must have the approval in each instance by Council. Councillor Wayne spoke of the flooding conditions last
evening and of the action of members of Local 18 in interfering with equipment being used by the City to
alleviate such flooding, which put properties, and possibly citizen's lives, in danger. Councillor Green
expressed his dissatisfaction with the actions of Local 18 as referred to at this meeting by Councillor Wayne.
Councillor Knibb asked whether in the opinion of staff the situation of flooding which continues in
parts of the City, justifies Council in declaring a state of emergency under the by-law at this meeting. Mr.
MacKinnon summarized the present situation in the City with flooding conditions, and noted that the condition
is improving, although it will be some time before the problem is solved in the Glen Falls area, however, staff
can continue to deal with the situation if.there are no further obstructions by striking Union members. During
further discussion, the Mayor confirmed that he has been advised by Mr. Robert Davidson, C.U.P.E. representative,
that the pickets would be removed from the crane presently at the Marsh Creek Bridge, as a gesture of goodwill
towards Council.
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED.that this meeting continue, in legal session.
A brief discussion ensued in legal session on the procedure of Common Council under the Council
Procedure By-Law.
. On motion
The meeting adjourned.
~..
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixteenth day
of February, A. D. 1981, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of. Finance, J..C. MacKinnon, Commissioner of Engineer-
ing and Works, M. Zides, Commissioner of Community Planning. and Development,
M. Winch, Deputy Commissioner of Community Planning, C. E. Nicolle, Director
of Recreation and Parks, J. F. Ross, Chief of Police, J. Johnson, Building
Inspector, D. French, Director of Personnel, G. Soucy, Labour Relations
Officer, and K. Galbraith, Administrative Assistant to the Mayor
Reverend Dr. Arthur H. Long, Pastor Emeritus of Carleton Kirk United Church, offered the opening
prayer.
Several members of Civic Employees Local Union No. 18, presently on legal strike, were present at the
meeting and displayed a banner in the Council Chamber.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the said banner be removed from display in the Council
Chamber immediately.
His Worship the Mayor asked the President of the said Union to have such banner removed, following
which the Union members withdrew from the Council Chamber.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that minutes of the meeting of Common Council, held on February
9th last, be confirmed.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the matter regarding the ratification of a collective
agreement with Saint John City Hall Employees Local Union No. 486, be added to the agenda and considered at
this time.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that Common Council approve the 1981-1982 working agreement
between the City of Saint John and Local No. 486, Canadian Union of Public Employees, under the terms and
conditions as agreed by the negotiating teams for the City and the said Union, and, subject to approval by the
City Solicitor as to legality and form, authority be granted for the Mayor and Common Clerk to execute the said
agreement on behalf of the City.
588
""IIIIl
\
Death
William A. Olsen
\
\
John W. Fisher
\
S. J. Jaycees
anti-theft program
\
re-zoning
125 Douglas Avenue
Hestia House Inc.
"'
Petition
against above re-
zoning
. 1- :I_~',,~_;',;'>
j. ': ~
The Mayor read a letter received this date from the chairman of the negotiating committee of
Local 486 to the City's Labour Relations .Offlcer, advising that at a special.meeting of the said Union
held this date, the membership ratified the contract proposal as was previousiy circulated to the
membership; the result being a two-year contract with 9.5%.and 11.5% retroactive to January 1,1981, as
agreed in principle by the negotiating team. . .
Mr. Wilson gave a summary of the salary increases and other changes negotiated with Local 486
and advised that. for 1981 the wage increase is 9.5% and for 1982 the increase is 11.5%. He advised that.
the other item of significance is the implementation of a dental plan at a cost estimate over a twelve-
month period of .8%, which dental plan wili hopefully be implemented by July 1, 1981, for a total
package in 1981 of 9.9%, and 11.9% in 1982. He stated that there are a few other changes which are not
significant in terms of cost to the City,
Councillor MacCallum made reference to the death last week of Mr. William A. Olsen, a retired
City employee. He stated.that Mr. Olsen was a dedicated employee and a good citizen and was very active
in community affairs in the North End of the City. .
On motion of Councillor MacCallum
Seconded by Councillor M. Vincent
RESOLVED that a letter of condolence be forwarded to the
family of the late Mr. William A. Olsen.
His Worship.the Mayor
a prominent New Brunswicker and
celebrations.
made reference to the death in Florida on Sunday of Mr. John W. Fisher, ,
. ,
a fine Canadian, who had served as Commissioner of Canada's 1967 Centennial
On motion of Councillor Elliot
. Seconded by Councillor Denton
RESOLVED that a letter of condolence be forwarded to the family
of the late Mr. John W. Fisher.
Mr. F. Terre Hunter, Past President of the Saint John Jaycees, addressed Council for the
purpose of publicizing the week of February 23rd to February 28th, as Jaycee Week in the City of Saint
John, and to announce a vehicle anti-theft program, "Lock-It-And-Pocket-The-Key", which is being launched
during Jaycee Week. He stated that the purpose of Jaycee Week is to promote .the Jaycee oganization and I
to increase public awareness of their projects. and community participation. Mr. Hunter referred to past
projects of the Saint John Jaycees, and stated that future projects of the organization will be aimed at
continuing their involvement in community development and improvement in generally providing good
citizenship training for its members. He noted that discussions have been held with the Mayor regarding
their involvement in the City's annual spring clean-up, as well as the Summer Games and Bicentennial
celebrations. Mr. Lionel Bordage, President of the Jaycees, outlined the. anti-theft program, which is a
national Jaycee program,. and which has been endorsed by the local Police Department.
On behalf of the Common Council and the citizens in general, the Mayor commended the work
being done by the Saint John Jaycees.
The Common. Clerk advised that the necessary advertising was completed with respect to the
proposed re-zoning of the property known as civic number 125 Douglas Avenue (L.R.I.S. Number 311697),
from "RM-l" One- and Two-Family, Two-Storey and Two- or Three-Storey Multiple Residential to "IL-l"
Neighbourhood Institutional classification, to permit a change in use of the building from a day care
centre to a group care facility to. provide a~commodation for women and/or. children, as requested by
Hestia House Inc. He advised that a letter has been received from Mr. Michael N. O'Brien, 121 Douglas
Avenue, advising that he will be speaking on behalf of a delegation from the Douglas Avenue area in
opposition to the proposed re-zoning; that a letter. has been received from Mr. David Wright, Human
Development Co-Ordinator, advising that the Human Development Council will be appearing in support of
Hestia House Inc.; and that letters in support of the proposed re-zoning have been received from Hesita
House Inc.; The Association of Kinsmen Clubs; Bishop A. J. Gilbert; Saint John Family Law Subsection of
the N. B. Barristers" Society; Sisters of Charity of the Immaculate Conception; Mental Health Clinic,
St. Joseph's Hospital; ,Reverend Dr. Daniel A. Dryer; Saint John Women's Political Action Group; and
Thomas M. Bell, Judge of the. Provincial Court, Family Division.
Consideration was given to the letter from the Planning Advisory Committee, dated February
4th, 1981, advising..,that after considering the positions put forward by both .the applicant and opponents,
and having reviewed the submitted report prepared by the Planning Branch, the Committtee recommends that
the property at 125 Douglas Avenue be rezoned from "RM-l".to "IL-l".
Mr. Michael N. O'Brien presented a petition from area residents in opposition to the proposed
re-zoning, and advised that as spokesman for. a group of Douglas Avenue taxpayers and residents who
oppose the proposed re-zoning of 125 Douglas Avenue, he wished to state that the opposition of the said
residents is based as much on a fear of what follows Hestia House Inc. as a fear of Hestia House Inc.
itself; a re-zoning for all intents a~d purposes is a permanen~ thing - it. will b~ there once and for
all. He stated that the long-term funding of Hestia House Inc. is very Questionable, and the odds are
that it will not be there'after three years and at that point there will be a vacant property zoned
institutional and any group from the John Howard Society to a drug addiction center could set up shop
there with nO input. from the neighbourhood. He stated that the people of the neighbourhood feel very
strongly that they should not be put into this position for the sake of something that Saint John has
never had and where viability is dubious, at best. He stated that the residents further oppose the
intended use of the property in Question by Hestia House Inc. and having said this is not to infer that
they feel contrary to the humanitartian purposes of this group.- needless to say, along with the many
fine charitable organizations in the City, they do support the work of this Society and wish them every
success. He stated the residents understand other satisfactory buildings have been offered previiously,
such as the Board of School Trustees building, but these have been turned down: In further outlining
the opposition of the area residents, Mr. O'Brien stated that they believe the proposed use will con-
tribute to a further degrading of Douglas Avenue, causing a decrease in property values, which they
believe will attract an undesirable element around their home;. He advised that the residents feel very
. strongly that the proposed re-zoning should not be allowed, and feel that the neighbourhood has a right
to choose if it wants to remain residential in nature, and that is the wish of the residents of the
Douglas Avenue area.
During ersuing discussion, Councillor Wayne stated she would prefer that the proposed re-
zoning be subject to Section 39 of the Community Planning Act which would revert the property to the
former zoning if the proposed use is not successful. She asked if the residents represented py Mr.
O'Brien would be agreeable to her suggestion. Mr. O'Brien stated that the feelings of the said residents
.
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<589
.
III Charles Curren
Deborah States
I
.
I
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Petition in
support of
Hestia House
I
.1 David Wright
. Rev. R. Friel
Ilo..
in opposition to the rezoning are abnormally strong, and.that they believe that a zoning under Section 39 can
be removed by Council without any further-.public input. - .CoUncillor Denton not.ed that .the largest number of
people to be accommodated in the building ~t anyone time under the submitted proposal is 16, while in a
building across the street at 135 Douglas Avenue, there are presently twelve persons residing. He also questioned
the interest of residents who live further along Douglas Avenue and on Alexandra Street, from the said building.
Councillor Elliot asked if Mr. O'Brien had .spoken with residents in Fredericton and Halifax who reside adjacent
to a similar facility. Mr. O'Brien replied that he attempted to make a .contact in Fredericton but received no
reply. Councillor M. Vincent asked if the said residents are opposed to Hestia House or what uses might be
permitted if such a use proves unsuccessful. Mr.. O'Brien replied that his biggest personal concern is what
future use might be made of the building, but he nOw believes ~hat the general reaction of the residents is
that of opposition to Hestia.House.
Mr. Charles Curren, 303 Douglas Avenue, spoke in opposition to .the proposed facility being located
on Douglas Avenue, which he believes would be detrimental to the area. In reply to a query of Councillor
Wayne as to what the residents foresee as the main problem in such an operation, Mr. Curren stated that their
fear is that it will bring into the area the criminal element, and he strongly fears for the quality of their
neighbourhood.
Ms. Deborah States, a member of the Hestia House Committee, spoke in .support of the proposal, advising
she has been involved with Hestia House as a volunteer for the past year and a half, that Council. is being
asked to pass a re-zoning on something that has never been done in this City before and forging new ground
carries with it a fear of the unknown. She briefly outlined the background of how Hestia House was brought
about, and stated that as a result of a study conducted at the request of the Provincial Department of Social
Services in the fall of 1978, a questionnaire survey was conducted to which 79 different agencies or individuals
responded and reported that over a three-month period, 132 women in Saint John reported actual physical abuse,
and 182 women also reported serious threats of abuse, and one can only estimate the number of women who did
not report such abuse, and that national statistics estimate that one in ten women experience physical abuse
in their homes. She stated that it is important to note that this serious problem cuts across all social and
economic classes. In response to the statistics derived from the study, Ms. States advised that a volunteer
group was formed in May 1979 for the purpose of establishing a safe home-like shelter for .battered women and
their children in Saint John, and that across Canada there are 72 such transition houses, although there are
only two in the Maritimes, one in Fredericton and One in Halifax. .She stated that to date a volunteer committee
of 11 people has been working, along with one staff member beginning in December, and all the volunteer
members are either employed or volunteers in other social and helping agencies in Saint John. Ms. States
reported that funding has been received by way.of a Federal Community Services Project grant for a three-year
period, which will enable the hiring of 8 women to staff the facility the funding began in January of this
year and each week's delay in the proposal results in a decrease in the amount of such funding; Provincial
funding in the form of a per diem rate from the Department of Social Services, at a fee of $10.00 for each
occupant, has also been received; and the organization has also received very strong local funding from the
Senate of Priests and the Sisters of Charity; and from the Kinsmen Club, who own the building in question,
which Hestia House will lease under the terms which she outlined at this.time. She stated that the house will
be staffed at all times and that the staff will receive intensive training; the House will also have security,
and they have received assUrance from the Police Department that, if requested, increased patrolling will be
brought about. She stated it was their goal to only advertise the telephone number for the House, however,
since anonymity is no longer possible, they conducted a telephone poll of some of the transition houses
across Canada and particularly those houses which publicly advertised their address, and were informed that in
the five years of operation of Hiatus House in Thunder Bay, Ontario, they reported only two incidents; in
Inasmuch House located in Hamilton, Ontario which has been in operation 14 years, they reported two such
incidents; in Calgary, the transition house has been in operation for seven years, and they reported three
incidents; two other transition houses, namely, Fredericton, which has been in operation just over a year, has
had 5 incidents; and Halifax has been in operation two and one-half years and in that time they have had 3
incidents. She stated that to her knowledge, the local group has never been offered another building in the
City.
In reply. to a query of Deputy Mayor M. Vincent, Ms. States advised that by far the majority of
transition houses in Canada are located in residential areas.
At the request of Councillor Green, Ms. States advised of security measures which would be undertaken
at the proposed facility,.and stated that .the philosophy of the local group was to keep the address of the
house anonymous and. to publicize the telephone number, however, the required re~zoning has prevented that from
. happening.
(Councillor Denton withdrew from the meeting)
Mrs. Lou Guravich, Interim Co-Ordinator for Hestia House, presented a petition to Council containing
the signatures of 42 residents of the immediate area of Douglas.Avenue, in support of the rezoning of 125
Douglas Avenue in order that a supervised, safe house for battered women and their children may be opened.
She noted that a motion to have the Standing Committee on Health, Welfare and Social Affairs examine, inquire
and report on appropriate measures of prevention, identification and treatment of abused persons in family
violence, received an all-party unanimous vote by the Federal Government last week. She spoke of the need to
have transition houses located in residential areas in order to provide a comforti~g, home-like atmosphere,
and referred to the factors which make the building in question particularly appropriate for such a use. She
noted that the facility has the co-operation and support of a great number of community agencies, churches,
service clubs, and individuals. She noted that the Kinsmen Club has spent over $70,000.00 to upgrade the
building and property to be used for community projects, and her group will be required by lease to maintain
the property in a like condition, and will.have the right of first refusal should the property be for sale.
She asked Council to consider the dilemma of battered women and children in Saint John and to accept the
responsibility and allow the group to provide the care and support that is desperately needed now. She
referred to several other groups and individuals who were present at, the meeting in support of the proposed
re-zoning.
Mr. David Wright, Human Development Co-Ordinator of the Saint John Human Development Council, spoke
in support of the principle of having a transition house for battered women in Saint John in a residential
location. He advised that the Human Development Council has been involved in a consultative relationship with
the inter-agency committee on battered women in their attempt to establish a safe house for battered women in
the City, and the said Council is satisfied that they have both established the need for such a facility and
have adequately planned the de~elopment of their program. He spoke of meetings held with the Human Development
Council in the planning of this facility and of recommendations forwarded to the Planning Advisory Committee
regarding the proposal of Hestia House. He stated that the continuing support by the said Council for Hestia
House would depend upon adequate research and evaluation being done - there is no doubt in their minds that
the location of such a facility should be in a.residential area for reasons which he outlined.
Reverend Robert Friel, Family Life Co-Ordinator for the Roman Catholic Diocese of Saint John,
appeared on behalf of Bishop A. J. Gilbert, in support of the proposed Hestia House, to provide immediate care
and long-term counselling for battered women and children in our City, in a healthy environment.
590
~
Terry Hutchinson
Robert Dryden
Eleanor Kelly
G. B. Ljungstrom
re-zoning
125 Douglas Ave
Hestia House Inc.
re-zoning
125 Douglas Ave
Hestia House Inc.
\
Marsh Creek Bridge
re tender call
Mr. Terry Hutchinson, a member of the Saint John Kinsmen. Club, and legal counsel to the said
Club in drafting the proposed lease with Hestia House for the building on Douglas Avenue, referred to
covenants in the lease providing for maintenance of the building and continual observation by the Kinsmen
Club, and advised that a member of the said Club will serve on the Board of Hestia House. In reply to a'
query of the Mayor regarding future funding for this project, Mr. Hutchinson replied that the Kinsmen
Club does have money available although the continual funding .of Hestia House has not been discussed, he
would be surprised if the facility would not have available to it a .source of .revenue through the Kinsmen
Club. Replying to a query of Councillor Elliot, Mr. Hutchinson read the covenant contained in the
proposed lease with Hestia House which provides that such lease may not be transferred or assigned without
the consent of the Kinsmen Club.
Mr. Robert Dryden advised that he has been a tenant in a building directly across the street
from the building in question for eight years, and expressed his support for the proposal of Hestia House
Inc.
Eleanor Kelly, 286 Douglas Avenue, also spoke in support of the proposed re-zoning.
,
Mr. G. B. Ljungstrom, solicitor representing Hestia House Inc., spoke in favour of the proposal
and stated that the building in question appears to be the only suitable one available for the.proposed
facility, and that the organization will agree to any kind of reasonable terms or conditions regarding
the operation.
Regarding the question of applying Section 39 of the Community Planning Act to the proposed re~
zoning, Mr. Rodgers stated that if Council is interested in such application, Council is free to impose
terms and conditions to a specific proposal for re-zoning, by way of resolution or agreement, but such
conditions can be changed by the Council dealing directly with the person applying for such change and
any conditions in an .agreement with respect to further .public advertising will have no meaning in that
Councilor the person involved in the contract cannot contract out its statutory right to change the
agreement at a later date without .a public hearing. He stated that because the application is from the
Kinsmen Club and Hestia House will be operating under lease, and because Section 39 refers to a specific'
proposal, he would need to examine all the correspondence, talk with the applicant, and peruse the lease;
to establish that a specific .proposal is before Council; on that basis, he is reQuesting that he be given
one week to examine this matter. He ..suggested that the matter of any reasonable terms and conditions
which may be imposed under Section 39, should be referred to the City Manager so that the Planning staff,
(and not the Planning Advisory Committee, which has already.submitted its recommendation on the matter)
can recommend what they believe are reasonable terms and conditions to be imposed regarding the proposed
facility;
. In reply to a query of Councillor Elliot, Police Chief Ross reported that to his knowledge
there has been no difficulty in the City with group homes. He advised that he .has met with the pro~
ponents of the facility under discussion on several occasions and has permitted some of the resource
persons in his Department to assist, and that he does not anticipate any.problems regarding such facility.
Mr. Winch outlined the alternate uses permitted under the Zoning.By-Law, should the facility in
question terminate. He advised that the Planning Branch were of the opinion that in view of such alternate
uses, the imposition of terms and conditions were not appropriate in this case.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property known as
civic number 125 Douglas Avenue (L.R.I.S. Number 377697) from "RM-l" One- and Two-Family, Two-Storey and
Two- or Three-Storey Multiple Residential to "IL-l" Neighbourhood Institutional classification, be read a
first time.
Councillors Landers, Wayne, Green and M. Vincent spoke in support of the proposed re-zoning.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
.
I
I
.
I
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint .
John and Amendments Thereto".
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John. and Amendments Thereto", insofar as it concerns re-zoning property known as:
civic number 125 Douglas Avenue (L.R.I.S. Number 377697) from "RM-l" One- and Two-Family, Two-Storey and,
Two- or Three-Storey Multiple Residential to "IL-l" Neighbourhood Institutional classification, be read a
second time.
Question being taken, the motion was..carried with Councillor MacCallum voting "nay II ,
Read- a second time. the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the correspondence regarding the above proposed
re-zoning be received and filed.
Following a short recess, the. Council meeting resumed.
,
On motion of Councillor MacCallum
Seconded by Councillor Landers .
RESOLVED that the letter from the City Manager advising that
staff have contacted the Provincial. Department of Transportation. concerning the date of the tender call
for the reconstruction of the Marsh Creek Bridge, as requested by Council, and has been advised that
there was a commitment to call the tender prior to March 31, 1981 and it is anticipated that this date
.,would be met, be received and filed.
I
1-
.
....
,..
'591
. Golf Course.
\ concession
I
I
,
City Manager
Union
'Local 18
Contracting
out of munici-
\
pal services
.
\ Street Closing
\ Britain Street
I
.
I Land Committee
26 Somerset St
,Brian Johnson
et ux
\ North/South
Arterial
I
.
, Century 21
sign
llo..
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the City Manager with respect to the proposal
that a food and beverage concession .be established at the Rockwood Park Golf Course, be.received and filed and
the City Manager be authorized to call tenders for a food and beverage concession as outlined in the said
letter from the City Manager.
Councillor Landers suggested that such concession should not be limited.to the golfing season, and
also, that such concession should be located.in a separate building, adjacent to the present facility. Councillor
Wayne suggested that the City Manager should discuss the suggestion .of expanding on the season of the operation
of such a concession with the civic employees at the golf couse, prior to submitting a recommendation to
Counc il.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the above matter be laid on the table for one week, for
further investigation by the City Manager.
Question being taken, the tabling motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the brief from the City Manager in response to the brief
presented at Council's meeting of February 2nd, 1981 on behalf of Local Union No. 18, C.U.P.E. regarding
cutbacks and contracting out, and recommending that a copy of the brief be forwarded to the Union and further,
that the Union be thanked for their copious and thoughtful comments on City operations -- be received and filed
and the recommendation adopted, and that the City Manager's brief be read in its entirety at this Council
meeting.
Councillor A. Vincent noted that other groups wish to also reply.to the brief presented on behalf of
Local No. 18.
Following adoption of the above resolution, the City Manager read his prepared brief in its entirety.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A.Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of
the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following highway and portion of highway:-
Britain Street - All that certain lot, piece or parcel of land situate,.lying.and being in the City of Saint
John, in the County of Saint John and Province of New Brunswick; being that portion of Britain Street beginning
at the eastern side of Charlotte Street at its intersection with the northern side of Britain Street; thence in
an easterly direction 401 feet more or less to the western side of Sydney Street; thence in a southerly direction
48 feet more or less to the southern side of Britain Street; thence in a westerly direction 401 feet more or
less to the eastern side of Charlotte Street; thence in a northerly direction 48 feet more or less to the place
of beginning~
- be read a third time and. enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of Highways in
The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973" was
read in its entirety prior to adoption of the above resolution.
Read 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 begs leave to report that it sat on February 9th, 1981 when there were present Mayor
Lockhart and Councillors Denton, Elliot; Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendation, namely:-
1. That as recommended by the Land Committee, authority be granted for the
Somerset Street, from Mr. and Mrs. Brian Johnson, for the sum of $34,000.00, such
construction of the North/South Arterial.
purchase of property at 26
property being required for
Saint John, N. B.,
16th February, 1981.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the above report be received and filed and the recommendation
contained therein adopted.
Councillor Landers stated he is opposed to the above recommendation as the purchase price is almost
30% above the appraised value.
"nay".
Question being taken, the motion was carried with Councillors Landers, MacCallum and Wayne voting
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Century 21 Tri-Town Realty Ltd.,
regarding placement of a sign on the company's new office building located at 10 Peel Street, be referred to
staff for a report and recommendation.
592
I John S. Bailey
S. J. Figure Skating
Club
\
.. LEG A L
SESSION
Property, city-owned
31 Leinster St
Iron Duke Limited
\
City Solicitor
Central & Eastern
Trust Co
Millidgeville Estates
\
\
Beach Crescent Lift
Station
Belmont Hotel
Legal action
On motion of Councillor .Landers
~
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. John S. Bailey regarding Council's .
decision with respect to the Stu Hurley Arena; which will require the relocation of the Saint John '
Figure Skating Club to the Charles Gorman Arena, be received and filed.
In reply to a query of Councillor Elliot, Mr. Nicolle stated over the past week he has been in
contact with two of the three groups which used the Hurley Arena during the.summer months. in past years,
and they.have indicated an interest in attempting to work out an agreement to relocate at the Gorman
Arena, and he is hopeful a meeting can be arranged with the Saint John Figure Skating Club this week.
Prior to the regular meeting, the Council met in Legal Session when there .were present Mayor
Lockhart and Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum, M. Vincent and Wayne.
I
Consideration was given to the letter from the City Solicitor regarding City-owned property at
31 Leinster Street, which is presently under lease to the Iron Duke Limited, and discussion took place
regarding the matters outlined in the said letter, namely, the status of the sub-lease to the Federal
Business Development Bank, dated the 11th day of February, 1977 and the method to be employed in exercising
the right of repossession. of the City. It was suggested during the discussion that a written commitment'
should be received from the Province of New.Brunswick of its interest-in utilizing this property as part
of the proposed. justice facility.
On motion of Councillor Landers -III
Seconded by Councillor Elliot
RESOLVED that the City Manager, in consultation with a member of I
the Legal Department; be authorized to discuss the matter of the leasehold interest in the property
located at 31 Leinster Street with the Federal Business Development Bank, without prejudice.
(Councillor Green entered the meeting)
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the letter from the City Solicitor regarding the
letter to Council from the solicitor for Central and Eastern Trust Company, offering to the City a
portion of the land formerly owned by Millidgeville Estates, be received and filed:
AND FURTHER that Central and Eastern Trust Company be advised that the City of Saint John is
not interested in acquiring the said property.
Messrs. MacKinnon and Armstrong entered the meeting and Mr. Armstrong outlined the difficulties
which have been encountered by the City in connection with. the site on which the Beach Crescent Lift
Station is being built, as raised in a letter to Council from Councillor Elliot. Mr. Armstrong advised
that a report in this regard will probably.be presented to Common-Council for consideration at the next
.meeting, if.the present difficulties cannot.be overcome. with the property owners by that time.'
Mr. Rodgers advised Council of. an. action commenced against the City by several parties claiming
negligence on the part of the Fire Department regarding a fire which occurred in the former Belmont
Hotel in January 1978. He advised that copies of the documents regarding this action will be supplied
to the Council members at the next meeting, which matter has been turned Over to the City's insurers.
He stated that if it is determined that such matter is not covered under the. City's policy, he will be
approaching Council for authorization to engage legal counsel to defend such action.
On motion
The meeting adjourned.
/~Clerk
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty-
third day of February, A. D. 1981, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, J. C. MacKinnon, Commissioner of Engineer-
ing and Works, S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel,
Deputy Commissioner of Works, M. Zides,.Commissioner of Community Planning
and Development, M. Winch, Deputy Commissioner of Community Planning,
C. E. Nicolle, Director of Recreation and Parks, J. Johnson, Building
Inspector, D. French, Director of Personnel, G. Soucy, Labour Relations
Officer, G. Prentice, Public Relations Manager, and K. Galbraith,
Administrative Assistant to the Mayor
Reverend Bennett Saunders offered the opening prayer.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
on February 16th last, be confirmed.
The Mayor referred to a peaceful demonstration held this date by members of the trade union
.
I
.
I
I
.
....
"...
.5,93
Union
\ Local 18
.d~monstration
Emergency
\ Measures By-La
I
\
I ( Goal, Provincia
Courthouse
exchange of
properties
Police & Fire
Stations
street closure
. ' King Street
East
\
Century 21
sign
Sign By-Law
I
,
Sign By-Law
.
I
'Gerald J. Ryan
Co., Ltd
I"~ichael N,
~ ,O'Brien
re-zoning
125 Douglas AVe
Hestia House
,
.
Zoning\.;
By-Law
Amendment
...
movement in the City with regard to the present labour dispute between the City and Local No. 18, C.U.P.E. He
stated that he invited representatives of the said Union.to visit him at City Hall, however, such invitation
was not accepted. Regarding the concerns which have been expressed by the labour movement with respect to the
Emergency Measures By-Law recently adopted by Common Council, the Mayor stated that following resolution of
the present labour dispute, Council will be pleased to meet with concerned parties to hear their views on the
said. by-law, however, such statement is i~.no way a commitment that such by-law will be changed.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the following items be added to the agenda of this
Council meeting, namely;- (1) letter from the City Manager rega;ding the rental of Stall 18, Counter C-l in
the City Market; (2) report regarding tenders for demolition of several properties; and (3) .consideration of
third reading of an.amendment to the Water and Sewerage By-Law (Which matter had been tabled at Council's
meeting of January 15th, 1981).
Question being taken, the motion was carried with Councillors Gould and MacCallum voting
II "
nay .
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding recommendations
)with respect to the transfer of the Courthouse and Gaol properties to the Province, and the closure of a
portion of King Street East, which recommendations were tabled at Council's meeting of October 27th, 1980
pending clarification of the actual lands agreed to between the parties, advising that as a result of discussions
between the chairman of the Land Committee, the City Manager, and Provincial officials, there was agreement
that the transfer of the Courthouse lands should now proceed, and in exchange for the land formerly occupied
by the Police and Fire Stations on King Street East (about 7,287 square feet), Provincial lands of equal
dollar value would be deeded to the City as soon as negotiations can be finalized; and recommending that
Council approve the transfer of the Gaol and Courthouse properties to the Province of New Brunswick in accordance
with the terms and conditions as expressed in the letter from The Honourable Harold N. Fanjoy to former Mayor
Davis, dated April 21st, 1980, with the additional condition that Provincial lands of equal value will be
transferred to the City when finalized in exchange for the lands formerly occupied by the Police and Fire
Stations, and that Council grant authority to advertise the closure of the portion of King Street East as
shown on the submitted sketch -- be received and filed and the recommendation adopted.
On motion of Councillor Green
Seconded by Councillor M. Vincent
RESOLVED that the letter from the City Manager regarding the
request of Century 21 Tri-Town Realty Ltd. for placement of a sign on the company's new office building located
at 10 Peel Street, submitting a report prepared by Mr. M. S. Winch which recommends that the request be
handled, pending the adoption of new signage regulations, by repealing section 9(2) of the Sign By-Law; and
recommending that Council repeal Section 9(2) of the Sign By-Law, be received and filed and the recommendation
adopted.
In reply toa query of Councillor Wayne as to the status of the review of the City's Sign By-Law and
the relevant sections of the Zoning By-Law, Mr. Winch advised of staff problems encountered in undertaking
such review, and stated that by repealing subsection (2) of Section 9 of the Sign By-Law, the distance require-'"
ments will then be governed by the provisions of the Zoning By-Law.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Regulating
the Erection, Repair and Maintenance of Signs Within The City of Saint JOhn", insofar as it COncerns repealing
Section 9(2), be read a first time.
Read a first time the by-law entitled, "A By-Law to Amend A By-Law Regulating the Erection, Repair
and Maintenance of Signs Within The City of Saint John".
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Regulating
the Erection, Repair and Maintenance of Signs Within The City of Saint John", insofar as it COncerns repealing
Section 9(2), be read a second time.
Read a second time.the by-law entitled, "A By-Law to Amend A By-Law Regulating the Erection, Repair
and Maintenance of Signs Within The City of Saint John".
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED
for payment of the following invoice, namely:-
Gerald J. Ryan Co., Ltd. - supply of gravel
that as recommended by the City Manager, authority be granted
January 15-29, 1981
$ 34,278.87
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from Mr. Michael N. O'Brien, 127 Douglas
Avenue, regarding the proposed re-zoning of property at 125 Douglas Avenue for Hestia House Inc., advising
that there are uses permitted under the "IL-l" zoning which are very undesirable for residential uses, and
asking that before third reading of the proposed re-zoning is given, that consideration be given to having
such zoning take place under Section 39 of the Community Planning Act, be received and filed.
Councillor Green expressed his support for the re-zoning of 125 Douglas Avenue being subject to
Section 39 of the Community Planning Act.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property known as civic
number 125 Douglas Avenue (L.R.LS. Number 377697) from "RM-l" One- and Two-Family, Two-Storey and Two- or
Three-Storey Multiple Residential to "IL-l" Neighbourhood Institutional classification, be read a third time
and enacted and the Corporate Common Seal affixed thereto.
594
~
re-zoning
125 Douglas Ave
Hestia House
re-zoning conditions
Grant
Duplicate bridge
Players
,
\
S. J. Housing Comm.
-C.M.H.C.
Appointment
re-zoning
Municipal Plan By-La
David M. Lunney & u;.-
, Associates
Red Head
student exchange
-<>imonds Junior High
School
Grant
Tourist literature
,
S.J. Board of Trade
strike
The by-law entitled; "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to .adoption of the above resolution:
On motion of Councillor Wayne
.
Seconded by Councillor Green
RESOLVED that the following resolution be adopted, namely;-
"WHEREAS the applicant for the above re-zoning, the Kinsmen Club of Saint John, has submitted a
proposal for the use of the land at 125 Douglas Avenue in the City of Saint John, specifically to provide
temporary accommodation for up to 16 women and/or children who need emergency shelter for familial or
other problems:
THEREFORE BE IT RESOLVED pursuant to Section 39 of the Community Planning Act, that the use of
the building and property be used only in accordance with the proposal and be subject to the following
terms and conditions: (1) maintain at least two off-street parking spaces; (2) no alterations, (not to
include painting or normal maintenance); to the outside of the building, no signs other than the existing
Kincare sign, or any other external evidence of the use of the building:
I
~~ FURTHER BE IT RESOLVED that the applicant and its Lessee, Hestia House Inc., be required to
enter into an Agreement with the City respecting the matters contained in this resolution and that the
Mayor and Common Clerk be authorized to execute the document.
I
Read 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 begs leave to report .that it sat on February 16th; 1981 when there were present
Mayor Lockhart and Councillors Denton, Elliot, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent
and Wayne, and your Committee submits the following.recommendation; namely:_ 4It
1. That. the request from Anna Kinsella for assistance from the City regarding the 1981 duplicate
bridge players fall sectional, be denied.
Saint John, N. B.,
23rd February, 1981.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion-of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the above report be received and filed and the
recommendation contained therein adopted.
I
On.motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from the Saint John Housing Commission
recommending that Common Council give careful consideration to the appointing of a representative of
Canada Mortgage and Housing Corporation to the Saint John Housing Commission, be referred. to the Nominating
Committee.
Councillor Landers asked that any appointee to.be.made as a result of the above request from
the Housing Commission, be a resident of the City.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the application from David M. Lunney & Associates
Ltd. for an amendment to the Municipal Plan and re-zoning of 175 acres of land in Red Head, be referred
to the Planning Advisory. Committee for a report and recommendation, and that authority be granted for the
necessary advertising in this regard, with the public hearing to be held. on March 30th, 1981.
.
Read a letter from Mr. Peter A. Gilchrist regarding a student. exchange project between his
grade seven class at Simonds Junior High School and a.grade seven class in Thunder Bay, Ontario, to
publicize the 1981 Canada Summer Games, asking for assistance in hosting 'the class when they visit Saint
John from May 11th to 15th; asking for support by way of promotional material when the class goes to
Thunder Bay; and requesting that consideration be given to assisting in the cost of the travel expenses
to Thunder Bay..
I
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the above request for assisting in the visit to
Saint John by a class from Thunder Bay, Ontario, and the request for promotional material during the
visit of the class from Saint John to Thunder Bay, Ontario, be referred to the Public Relations Office;
that the request for financial assistance in the cost of travel expenses to Thunder Bay be referred to
the grants committee; and that the said letter also be referred to the 1985 Canada Summer Games Committee.
I
<..
Regarding a previous request of Council that promotional kits be prepared for use in matters
such as the above exchange program, Mr. McDermott advised. that discussions have been held with Provincial
Government representatives in this regard, with a ~iew to having such promotional material prepared as a
joint effort between the Province and the City.
On motion of Councillor Landers
Seconded by Councillor Denton ...
RESOLVED that the letter from the Saint.JOhn Board of Trade commendin~
the efforts put forth to date to keep Saint John functioning relatively well during the recent labour
difficulties with the outside workers of the City; advising that they extend. their full support for the
position taken by the City in this regard;. and further advising that they would like to comment that they.
strongly disagree with some of the comments made in the brief presented to Council by labour, and that it
...
II"""
-5-95
.
is hoped that when it comes time to discuss the subject again; the City will invite representation from all the
citizens of Saint John -- be received and filed and the Board of Trade be thanked for their comments.
Councillor Wayne suggested that the Board of Trade should be asked to present their views on the
above-named brief for consideration by Common Council.
On motion of Counclllor Wayne
,
Brookville &
Torryburn Asso regarding several matters contained
be referred to the City Manager for
Seconded by Councillor. Green
RESOLVED that the letter from the Brookville & Torryburn Association
in the report submitted to Council from the Engineering and Works Department,
a report.
I
On motion of Councillor Wayne
Seconded by Councillor
Elliot
RESOLVED that the letter from the Brookville & Torryburn Association
property located between the Drury Cove Road and 1055 Rothesay Road, which is
be referred to the City Manager for action.
Brookville &
Torryburn Asso regarding the dumping of snow on
part of the Eastern Flood Plain,
dumping of snow
I
, Market
\ Mic Mac Indian
Society
\' Lease
Tender accepted
. demolition ..
'Master Enter.
43.Canon St
'Grove Cons t
3-5 Cranston Av
29 Meadow St
,Paul's Trucking
Forest St
picketing
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, Common Council approve
the rental of Stall 18, Counter C-l in the City Market, consisting of 464 square feet, on a month-to-month
lease to the Mic Mac Indian Society, at a rental of $135.33 per month, and that authority be granted for the
Mayor and Common Clerk to execute the said lease on behalf of the City.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that as recommended by the City Manager, the low tenders as
submitted by Master Enterprises Ltd., in the amount .of $1,250.00 for. demolition of 43 Canon Street; Grove
Construction Ltd., in the amount of $2,867.00 for demolition of 3-5 Cranston Avenue; Grove Construction. Ltd.,
in the amount of $2,727.00 for demolition of 29 Meadow Street; and Paul's Trucking & Demolition Ltd., in the
amount of $960.00 for demolition of a two-car garage, Forest Street, be accepted.
Councillor Landers referred to picketing of the site of a present demolition project in the City, and
he asked if the Legal Department would consider looking into this matter.
(Councillor A. Vincent entered the meeting)
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting
Water & Sewerag Water and Sewerage" be read a third .time and enacted and the Corporate Common Seal affixed thereto.
, By-Law
I
vacant &
demolished
bldgs.
.
LEGAL
SESSION
Union
I' Local 18
"Local 486
picketing
I
City Solicitor
injunction
Union
Local 486
. picketing
S. J. Transit
Comm.
.....
During discussion of the above proposed amendment, Councillor A. Vincent referred to properties in
the City where buildings have been demolished and yet the owners are still billed for water rates. Councillor
Green referred to vacant units in the City where owners are required to pay such rates. The Mayor stated that
while there may be minor inequities it is important due to costs that the increased rates be implemented at
this time. Councillor Elliot noted that approximately one month ago Council referred the matters raised at
this meeting.by Councillors A.Vincent and Green to the City Solicitor, which would have to be considered as a
separate matter to the increased rates. In reply to a query of Councillor A. Vincent, Mr. ROdgers stated that
he will submit his report in this regard as soon as possible.
The by-law entitled, "A By-Law To Amend A By-Law Respecting Water and Sewerage" was read in. its
entirety prior to adoption of the above resolution.
The Mayor welcomed to the meeting members of the 24th Saint John Girl Guides from Stella Maris Church,
accompanied by their leader, Norma McKellar.
On motion of Councillor Knibb
Seconded by Councillor MacCallum
RESOLVED that this meeting continue, in legal session.
Messrs. French, MacKinnon and Soucy were present at the meeting during discussion of the present
labour dispute involving Local No. 18 and the City Hall,. and regarding Local No. 486 employees. Copies of a
letter from Mr. Soucy to the City Manager, .dated February 23rd, 1981, regarding the picketing by Local 486 of
City Hall and other City establishments in support of Local 18, were distributed to the Council members. Dis-
cussion ensued regarding the recOmmendation contained in the said letter that application for a restraining
order be made to the Courts forthwith in order that Local No. 486 be stopped from further violating Article
3:01 of their collective agreement, which article reads as follows: "The Union agrees that there shall be no
strikes nor ordered stoppage of work by the Union during the term of this Agreement". The said letter states
that the legal opinions received state that Article 3:02 permits an individual employee to refuse to cross
picket lines of sister locals, and when two or more member employees in concert agree not to cross or take
active participation in picketing duties,.then it is the opinion that they are in violation of the collective
agreement. Council Was advised that the draft agreement between LOcal 486 and the City, which has been ratified
by both parties, is presently being reviewed by the said Union.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that the City Solicitor, or his designate, be authorized to seek an
injunction. against Local 486 C.U.F.E., or its members, or certain of its members, to terminate the illegal--,
strike.
During discussion, it was agreed that action in the above matter would be taken at the discretion of
the City's negotiating committee.
The matter of picketing of the Saint John Transit Commission facilities this date by members of Local
No. 18 was discussed.
596
""'llll
S.J. Transit Comm.
Union, Local 18
picketing
\ .
(mot1on lost)
Horace Hanson, Q.C.
L.B.R. Committee of
, Citizens
,
Lord Beaverbrook Rink
grant
Arbitration Board \
Sharon Byrne,
Gerald Lowe, .
Grievance
Union, Local 486
,
J. C. MacKinnon
Arbitration Board
,
Hugh McLellan
.Roderick MacKenzie
Arbitration Board
Lawson Motors propert
debris from fire
water rat es
Irvi~Pulp
',,--
& Paper
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that Common Council ask the Saint John Transit Commission to
take appropriate legal action to recover losses incurred due to .illegal work stoppages as the result of
picketing by members of Local No. 18, C.U.P.E.
Councillor Wayne, a member of the Transit Commission, advised that the said Commission is
presently taking action in the event it is necessary to seek an injunction regarding such picketing.
Mr. Rodgers cautioned Council against taking action which may result in the courts ruling that the
Transit Commission is a City operation, which could then result in the facility being picketed on a
regular basis by Local No. 18. Several Council members suggested that the Transit Commission should be
permitted to proceed without direction from Council in this matter.
Question being.taken, the motion was lost with the Mayor and Councillors Denton, Elliot,
Knihb, MacCallum, A. Vincent, M. Vincent and Wayne voting "nay".
(Councillor Wayne withdrew from the meeting)
On motion. of Councillor Elliot
Seconded by Councillor M. Vincent
RESOLVED that. the City Solicitor be authorized to engage Horace
Hanson,Q.C., to. study the issues surrounding the relationship between the City, the Lord Beaverbrook
Rink Committee of Citizens Inc.,. and any other ~uestions which have arisen since the date o~ Mr. Justice'
Higgins' judgement. of July 30, 1980:
AND FURTHER that the letter from the City Solicitor in this. regard be received and filed.
Question being taken, the motion was carried with Councillors MacCallum and A. Vincent voting
"nay".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that authority be granted for payment of the final quarterly
instalment of the 1980 grant for the Lord Beaverbrook Rink, in the amount of $12,616.00.
Copies of a letter from Mr. Robert Davidson, Duly Authorized Representative for C.U.P.E.
Local 486, in the arbitration matter between the City of Saint John and the said Union re Sharon Byrne,
were distributed to the Council members. The said letter advises that the Union's nominee, Mr. Raymond
McDevitt, has withdrawn from the aforementioned matter and has been replaced by Mr. Gerald Lowe, as the
Union's nominee on the Board of Arbitration. The letter requests confirmation of the City's nominee,
Mr. Claude MacKinnon, or replacement, so that the parties can agree on the chairman in the immediate
future.
.
I
I
.
Mr. Rodgers noted that Mr. MacKinnon was appointed as the City's nominee to the said Arbitration I
Board on the understanding by Council that he would withdraw from the Board if Mr. McDevitt withdraw as
the Union's representative. He referred to the fact that both Mr: MacKinnon .and the chairman, Mr. Nave
George (who allegedly was chosen by the appOintees) have been sworn as members of the said Arbitration
Board.
Mr. MacKinnon entered the meeting during discussion of the above matter, and Councillor A.
Vincent stated he would withdraw.from the meeting as he feels Council should not .be discussing the
matter with a member.who has been duly sworn to the.said Arbitration Board.
(Councillors MacCallum and A. Vincent withdrew from the meeting)
Mr. MacKinnon stated he wished to resign as the City'.s nominee on the above-named Arbitration
Board.
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that the resignation of Mr. J. Claude MacKinnon as the
City's appointee to the Board of Arbitration regarding the grievance of Sharon Byrne, submitted by
Local 486, C.U.P.E., be accepted.
Question being taken, the motion was carried with Councillor Gould voting "nay".
On motion of Councillor M. Vincent
Seconded by'Councillor Denton
RESOLVED that Mr. .Hugh McLellan, or as an alternate, Mr. Roderick
MacKenzie, be appointed as the City's nominee to the Board of Arbitration regarding the grievance
submitted by Local.486, C.U.P.E. with respect to Sharon Byrne.
(Councillors MacCallum and A. Vincent re-entered the meeting)
Councillor A. Vincent referred to debris located on Rothesay Avenue, at the site of a recent
fire in a property owned by Mr. Lawson. Mr. McDermott agreed to have this matter investigated by
staff.
A verbal progress report was given to Council by the members of the Council committee negotiating
with the Irving interests regarding payment of water rates for.past years, and future years, by Irving
Pulp & Paper.Ltd. Mr. Rodgers advised on the legalities of entering into contracts under the Municipali-
ties Act and other statutes. Discussion took place on the advisability of entering into a contract, or
having present legislation amended on future supply of water to the said company. The committee members,
Councillors Knibb, Denton and Elliot, advised that they only wanted the general feeling of Council
rather than a directive at this time, and further meetings would be held with the Irving representatives,
and a report will be submitted to Council.
On motion
The meeting adjourned.
,1f: ~ Ih/r~jn.
Common C
.
I
I
.
....
I""'"
'597
.
I
1/
.
\
Day of Prayer
strike
.1
re-zoning
46-48 Broad St
51-55 Broadview
Ave; 246-250
Sydney St
Norman W.
,Francis Ltd
Municipal Plan
. By-Law
I
Municipal Plan
By-Law
I
re-zoning
46-48 Broad St;
51-55 Broadview
eAve; 246-250
Sydney Street
...
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the second day of
March, A. D. 1981, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and '-
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, J. C. MacKinnon, Commissioner of Engineer-
ing and Works, S. Armstrong, Deputy Commissioner of Engineering, M. Zides,
Commissioner of Community Planning and Development, C. E. Nicolle,
Director of Recreation and Parks, J. Johnson, Building Inspector,
D. French, Director of Personnel, G. Soucy, Labour Relations Officer,
P. Clark, Fire Chief, J. Dunham and C. Oram, Deputy Chiefs of Police,
G. Prentice, Public Relations Manager, and K. Galbraith, Administrative
Assistant to the Mayor
Reverend Charles Milbury of Edith Avenue Baptist Church offered the opening prayer.
On motion of Councillor Denton
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held on
February 23rd last, be confirmed.
The Mayor welcomed to the meeting members of the 1st Kingston Girl Guides, who were accompanied by
their leaders, Sherry McKay and Bonnie Jenkins.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that the Common Council respectfully ask the clergy of the
community to declare next Sunday as a day of prayer for all parties in the current labour dispute in the City,
in the hope that a peaceful and fair settlement may be arrived at as soon as possible.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of six lots located at 46-48 Broad Street, 51-55 Broadview Avenue and 246-250 Sydney Street (identified
as L.R.I.S. Numbers.000349, 000356, 000273, 000281, 002345 and 000281), by: (a) amending Schedule 2-A, the
Future Land Use Plan of the Municipal Development Plan to designate the said lots as Port or Light Industrial
from its current Medium Density Residential designation, and (b).re-zoning the said property from "RM-l" Three-
Storey Multiple Residential to "1-1" Light . Industrial classification, to p.ermit the construction of a 7,200
square foot warehouse to be used for wholesaling purposes, as requested by Norman W. Francis Limited, and that
no written Objections were received in this regard.
Mr. R. J. Gillis, solicitor for Norman W. Francis Limited, advises that the said company proposes to
construct an office-warehouse complex of metal frame-brick veneer construction containing 7,200 square feet,
which will benefit the community by utilizing vacant land to increase the tax base and generate employment. He
stated that his client would like to commence construction forthwith and hopefully complete construction by the
end of the coming month, and he therefore would ask that Council give first and second readings to the proposed
amendments at this time.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and .Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify the lots located at 46-48 Broad Street, 51-55 Broadview Avenue and 246-250 Sydney Street (identified
as L.R.I.S. Numbers 000349, 000356, 000273, 000281, 002345 and 000281) from Medium Density Residential to Port
or Light Industrial, be read a first time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled., "A Law to Amend the Municipal Plan
By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify the lots located at 46-48 Broad Street, 51-55 Broadview Avenue and 246-250 Sydney Street (identified
as L.R.I.S. Numbers 000349, 000356, 000273, 000281, 002345 and 000281) from Medium Density Residential to Port
or Light Industrial, be read a second time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of' the City of Saint
John and Amendments Thereto".
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the lots located at 46-48 Broad
Street, 51-55 Broadview Avenue and 246-250 Sydney Street (identified as L.R.I.S. Numbers 000349, 000356, 000273,
000281, 002345 and 000281) from "RM-l" Three-Storey Multiple Residential to "1-1" Light Industrial classification,
be read a first time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and
Amendments Thereto".
598
~
I
re-zoning
46-48 Broad St; 51-55
Broadview Ave; 246-25
Sydney Street
Norman W. Francis Ltd
Municipal Plan By-Law
re- zoning
270, 274 Britain St
Target Investment Ltd
Municipal Plan By-Law
270, 274 Britain St
Municipal Plan By-Law
270, 274 Britain St
re-zoning
270, 274 Britain St
re-zoning
270, 274 Britain St
Union,
Local 61
Police Dept
Establishment
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that the.by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the lots located
at 46-48 Broad Street, 51-55 Broadview Avenue and 246-250 Sydney Street (identified as L.R.I.S. Numbers
000349, 000356, 000273, 000281, 002345 and 000281). from "RM-l" .Three'-Storey Multiple Residential to "I-l"
Light Industrial classification, be read a second time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
. The Common Clerk advised that the necessary advertising was completed with respect to altering
the status of.two lots located at 270 and 274 Britain Street (L.R.I.S. Numbers 1255 and 1263), by: (a)
amending Schedule 2-A", the Future Land Use Plan of .the Municipal Development Plan to designate the
property as Port use from its current Medium Density Residenti~l designation, and (b) re-zoning the said
property from "RM-l" Three-Storey Multiple Residential to "T" Transportation classification, to permit
the construction of a warehouse of approximately 6,600 square feet fronting on .Crown Street to be used
for wholesaling purposes, as requested by Target Investment Ltd., and that no written objections were
received in this regard. No'persons were present with respect to the proposed amendments.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law t.o Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify property located at 270 and 274. Britain Street (L.R.I.S. Numbers 1255 and 1263),
from Medium Density Residential to Port use, be' read a first time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
. Saint John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land
Use Plan to reclassify property located at 270 and 274 Britain Street .(L.R.I.S. Numbers 1255 and 1263),
from Medium Density Residential to Port use, be read a second time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City ,
of Saint John and Amendments Theret.o".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property
located at 270 and 274 Britain Street (L.R.I.S. Numbers 1255 and 1263) from "RM-l" Three-Storey Multiple
Residential to "T" Transportation classification, be read a first time.
Question being taken, the motion was carried with Councillor Wayne voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor .Denton
Seconded by Councillor Landers.
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property located
at 210 and 274 Britain Street (L.R.I.S. Numbers 1255 and 1263) from "RM-l" Three-Storey Multiple Residen-
tial to liT" Transportation classification, be read a second time.
Question being taken, the motion was carried with.Councillor Wayne voting "nay".
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
.
I
.
I
~
,
.
I
The Council members.agreed that third reading of the above proposed amendments would not be
considered until the report and recommendation of the Planning Advisory Committee is received by Council.
Copies.of a brief from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., I
were distributed to the Council members at this time by the said Union.
Mr. Douglas Titus, an executive member of the said Union advised that he has been asked on
behalf of the said Executive to present preliminary comments to the above-named brief. He stressed the
importance of the matters raised in the brief from the said Union and asked that Council accept the
brief, study it and hopefully both parties can come to some common ground on the matters raised. He
stated that the actions taken by the Police Chief and Council in reducing the Police Department establish~,
ment has stifled promotions within the Department.
Mr. John McNamee, President of Local No. 61 read the said brief from the Union in its entirety .
at this time, which brief outlines in detail the impact and effects that the recent decision to reduce
the Police Department has had on the taxpayers and.policemen in general. Following the presentation,
discussion ensued between the Council members and Mr. McNamee regarding matters raised in the brief.
.....
II""'"
,599
The Mayor welcomed to the meeting a former Councillor for the City, Mr. Fred Hodges.
.
At this time, copies of a prepared brief from the Saint John District Labour Council on cutbacks and
S.J. District
contracting out, were distributed to the Council members.
\ Labour Counci
Seconded by. Councillor Knibb
RESOLVED
D. Hatfield, Ltd for payment of the following invoice, namely:-
D. Hatfield, Ltd. - equipment rental
Larry Hanley
contracting
out of munici-
pal services
I
Union,
Local 18
I
.
I Progress payment
Major's Brook
, 1.
- Pump Station
'M.l.T. Sales Co.
" Arenas
. Recreation &
Parks
Procedures
, for skating
program
I
bgetW~ to relocat
S. J. Figure
'- Skating Club
Port City Hockey
School
, N. B. Christian
I Athlete-:Hockey
Camp .
.
...
Mr. Larry Hanley, President of the Saint John District Labour Council, read the. said brief in its
entirety. The said brief concludes that. as the figures outlined demonstrate, the City spent almost a million
dollars on equipment rentals during 1980, the bulk of which money went to a handful of regular contractors who
provided equipment on a day to day basis to the City and in their view this is no way to organize the City's
maintenance work; it is excessively costly; often. the equipment rented is sub-standard, and the City is not
accumulating valuable assets in the form of needed equipment, and they feel it is time the citizens of Saint
John demanded an end to this extravagant practice. Regarding the brief previously presented to Council by
Local 18 regarding contracting out and cutbacks, the brief concludes the District Labour Council's feeling that
.the City's response to the very significant criticisms of City policy is wholly unconvincing. The brief also
refers to the present labour dispute between the. City and Local No. 18, and states that the District Labour
Council believes the elimination of contracting out would provide the City with the money to pay decent wages
and provide better services.
Following the presentation, discussion ensued between the Council members and Mr. Hanley regarding
matters raised in the said brief,
On motion of Councillor Landers
that as recommended by the. City Manager, authority be granted
January 16-31, 1981
. $ 50,343.91
Councillor A. Vincent proposed a motion, which was seconded by Councillor Wayne, that payment of the
above invoice be laid on the table .for one week, and that slips for the equipment in question be available at
the Council meeting at that time. It was noted that Council had previously requested that such slips not
accompany invoices forwarded to Council for approval for payment. Councillor Knibb had asked that the Commis~'
sioner of Engineering and Works make response to Council on the statement made in the report to Council from
the City Manager in reply to Local No. 18's brief on contracting out, that the purchase of 15-yard tandem
trucks may be more economical than the rental.of such equipment. Mr. .MacKinnon replied that the report did not
say that it was more economical to purchase the said equipment, it said that provided there was a certain
usage, that it was getting very close to being more economical, however, the cost is still cheaper to rent such
equipment at this time. Mr. MacKinnon confirmed that he has examined the said slips and is satisfied that they
are in order. Councillor A. Vincent, with the consent of the seconder, withdrew the proposed tabling motion.
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Elliot
Seconded
by Councillor Wayne
RESOLVED that as recommended by the
following construction progress certificate, namely:-
City Manager, authority be granted
for payment of the
Modification of Major's Brook Pump Station
M.I.T. Sales Co. Ltd.
Current budget allotment
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated February 24, 1981 . Final Release of Holdback
$ 18,171. 07
18,171.07
Nil
15,445.41
3,
$ 2,725.66
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the following policies
and procedures for the operation of summer skating programs in arenas in the City of Saint John, be adopted,
namely: (1) the deadline for applications be December 31st; (2) that a deposit of $500.00 accompany allocation(s);
(3) that staff be given two weeks to negotiate an. agreement with parties who apply; such negotiations to be on
the basis of the recovery of all arena(s) operating costs; (4) that previous good customers be given first
consideration; and (5) that if the Recreation and Parks Department is unable to satisfy applicant(s), the
matter shall be referred to the Recreation and Parks Advisory Board for resolution or recommendation to Council
by January 30th.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that the joint report from the City Manager and Director of
Recreation of Parks, advising that as verbally reported to Council on February lOth, 1981, meetings had been
held with the Figure Skating Club, Port City Hockey School, and the N. B. Christian Athlete Hockey Camp regarding
possibilities of relocating their skating programs to the Charles Gorman Arena for the summer of 1981, and that
agreement has been reached with two of the three parties.as to dates and charges; further advising that the
Saint John Figure Skating Club has listed the following conditions to which it wants the City to agree: (1)
relocate the existing large dehumidifier from Hurley to Gorman at City expense; (b) the ice machine (Zamboni)
at the Hurley Arena be moved to the Gorman Arena for the.summer; (c) transfer.the experienced "lead hand" from
Hurley Arena to Gorman Arena; (d) the Club to have the right to operate the canteen at the Gorman Arena if it
so wished (the City to move the Club's canteen equipment to the Gorman and then back to Hurley for the winter);
(e) the City to write off any deficit that may occur due to the relocation to the Gorman from the Hurley (this
means that if registrations decline below last year's number of 83 skaters, the City will subsidize the summer
seaSOn operations); (f) the Club reserves the option of either remaining at the Gorman for 1982 or relocating
back to the Hurley at which time items (a), (b), (c) and (d) will.also return to Hurley at no cost to the Club;
(g) the Club be required to purchase only the amount of ice time to run its program and the price to be at the
rate the Club paid in 1980 for the summer school plus inflation; .(h) the submitted schedule was proposed; the
total number of hours required by the Club being 336; and (i) the Club will not be charged with any of the cost
incurred due to the relocation; and submitting the following comments and recommendations on these conditions:
(a) the estimated cost is $6,000.00 to relocate the large dehumidifier from the Hurley to the Gorman Arena and
the installation of a second dehumidifier (stock) at the Hurley Arena (this would mean no back-up unit will be
available); the Department can arrange items (b) to (d) inclusive; (e) that this request be subject to negotia~'
tions at the conclusion of the program with no.guarantee of financial assistance; (f) that this request be
subject to negotiations with a decision to be rendered by December 30, 1981; (g) that this request be agreed to
600
"""lllI
S. J. Figure Skating
Club
,
Rockwood Park
Golf Course
concession
Sign By-Law
\
Cities of N.B.
re part-time secretar
Counc. Wayne
Essential Services
\ Committee
:ities of N. B.
(this however places the responsibility. on the City to market evening and weekend disposable time in
order to reduce the anticipated operational losses): (h) the proposed schedule does not allow for the
Hockey Camp Programs proposed between July 27 and August 14, however, discussions with Mrs. Wong indi-
cated that her Club was prepared to work around this by taking late afternoon and evening times during
this period, and it is .recommended that the scheduling be left with the Department to work out with the
major users; and (i) that this. request be. agreed to subject to item (e); further advising that the
estimated cost is $33,240.00 to prepare and maintain the Charles Gorman Arena for this program, which
includes the cost of relocating and installing the dehumidifiers. noted under (a), and the projected
revenue including disposable time rentals is $24,750.00; advising that the Recreation and Parks Advisory
Board reviewed the proposal and the recommendations contain their input and approval and noting that
Council at its.regular.meeting on January 26th, 1981 directed staff to make arrangements to accommodate
these groups.at the Charles Gorman Arena, however, because there are unbudgeted costs and special con-
ditions involved, Council approval is requested before. proceeding further with the parties involved -- be
received and filed and Council approve of the said recommendations.
.
1
Councillor Denton stated he cannot concur with the above resolution, noting that the canteen is
operated by.the Figure Skating Club at a profit and that he does not feel the City should in any way
underwrite any deficit incurred in relocating. the Club to the Gorman Arena. In reply to queries of
Councillor Landers, Mr. Nicolle advised that the dehumidifier:referred to in condition (a) was purchased
and is owned by the City, that the Zamboni referred to in the above letter ~as purchased by .the City with
some contribution from the Figure Skating Club, namely, an annual contribution of $2,000.00, and that the
employee referred to in condition (c) is employed by the City. Councillor Landers stated he takes strong
exception to the request that the City underwrite any defic~t of.the Figure Skating Club. Councillor
Elliot stated thai; the City encouraged and worked with the Figure Skating Club to develop a degree of
expertise that this community.needs and he feels we have a responsibility to all segments of .our
society and he could not support such subsidization if the City did not already subsidize other groups,
such .as minor hockey in the City. Councillor Wayne proposed a motion, which was not seconded, that the
above resolution be amended by deleting condition (e).
I
On motion of Councillor Knibb
,
/
Seconded by Councillor Landers
RESOLVED that the letter from the.City Manager regarding a
proposed tender call for a food and beverage concession at the Rockwood Park Golf Course, advising that
as requested by Council this.matter has been investigated further with staff concerned and the following
recommendations were made for the guidance of Council: that tenders.be called on the basis of (a) lump
sum price for the food concession, plus percentage of the gross r~venues from the beverage sales, and
that a complete proposal and plans be submitted to the City Manager outlining in detail the improvements
and alterations deemed necessary to provide these added services; (b) that any night security which may
be required after closing be the responsibility of the concessionaire; and (c) that awarding of the
contract to the successful bidder be subject to.the said bidder being successful in obtaining a Special
Park License from the I!ew Brunswick Liquor Licensing Board for.this purpose; and recommending that the
City Manager be authorized to call for tenders as recommended above -- be received and filed and the
recommendation adopted.
.
During discussion of the above matter, Mr. .McDermott advised that it is proposed that the above
tender call be for a period of one year. Mr. Nicolle noted that he was not in favour of the above
recommendation, however, the Recreation Department staff was in favour of the previous recommendation
submitted by the City Manager in this regard.
1-
"nay".
Question being taken, the motion was carried with the Mayor and Councillor A. Vincent voting
On motion of Councillor Wayne.
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, '.fA By-Law to Amend A By-Law
Regulating the Erection, Repair and Maintenance of Signs Within The City of Saint John", insofar as it
concerns repealing Section 9(2), be read a third time and enacted and the Corporate Common Seal affixed
thereto.
The by":law entitled, "A By-Law to Amend A By-Law Regulating.the Erection, Repair and Maintenance .
of Signs Within The City of Saint John" was read.in its entirety prior to adoption of the above resolution.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that authority be granted for payment of the invoice from
the Cities of New Brunswick for annual dues in the amount of $200.00, and in the amount of $2,674.00 as
the City's contribution towards a Part~time Secretary.
"nay".
Question being taken, the motion was carried with Councillors Landers and A. Vincent voting
I
The Mayor welcomed to the meeting a former Deputy Mayor of the City, Thomas Higgins.
(Councillor Landers withdrew from the meeting)
Read a letter from Councillor Wayne submitting a brief which was presented at the last meeting
of the Cities of New Brunswick organization by the Essential Services Committee, and noting that at that 1
meeting it was agreed that the brief was to be. reviewed by the Councils of the six cities of the Province-
and the members representing the cities were to forward their recommendations and comments to Councillor .
Wayne as chairman of the Essential Services Committee by March 15th, and further, that this brief would
be brought forward at the next .Six Cities meeting for consideration. The letter notes that the Fredericton
City Council adopted the report unanimously, and recommends that the submitted report and recommendations
be adopted, and that the Six Cities Association be advised of Council's support of these recommendations,
the said recommendations being as follows: That essential.services.within a municipality constitutes: (a)
any service which falls within the.realm of protection, emergency and health services; (b) that we recom-
mend to the Minister of Municipal Affairs that the Municipalities Act be amended to include our definition
of what are essential services within a municipality; and (c) that a municipal Labour Relations Act
should be formulated and adopted in the Provincial.Legislature and that the act would provide for: (1) .
organization of employees, (2) recognition and definition of bargaining unit with the necessary exclusion
of management personnel, (3) bargaining procedure, (4) .conciliation services independent from the Department
of Labour, (5) final settlement of interest and rights dispute by compulsory aribtation, (6) creation of
Labour-Management Committees, etc.
.....
,...-
601
Ci ties of
.,Essential
Committee
On motion of Councillor Wayne
:...
N.B. Seconded by Councillor Knibb
Servi es RESOLVED that the report and recommendations of. the Six Cities Essential
Services Committee be adopted, and that the Cities. of New Brunswick organization be advised of Common Council's
support of the said recommendations.
, (motion lost)
'Right-to-strike
I
I
'B. Ballard
, Howe's Lake
Dump Site
.
Moosehead
\ Breweries
,Prospect St
2-way traffic
Carleton-Kirk
United Church
I
Councillor Wayne stated that as elected officials it is our duty to see that services are available
for the pUblic safety and well-being of our. citizens - this is a right, not a privilege that must be enjoyed by
all taxpayers. She stated that she is sure ~l of her colleagues will agree that. at this point in time it
would appear that the present right to strike for essential services has outlived its usefulness and that
neither side benefits when employees are on strike - not the employees, not the citizens, not management. She
further stated that if the above recommendations are not the answer to present labour problems, then the
Provincial Government must find an alternative. Deputy Mayor M. Vincent stated that while he appreciates and
understands the intent of the said recommendations, he feels the Provincial Government has a responsibility to
take a stand in the matter, and that until such time as. a guaranteed alternative can be found, he cannot
support the removal of the right to strike from municipal employees.. Councillor A. Vincent suggested that the
proposed recommendations should be tabled until .Counc.il has a meeting with certain par.ties, as previously
agreed to this date. Councillor Knibb expressed his support for the proposed recommendations.
Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors
Denton, A. Vincent and M. Vincent voting "nay":
On motion of Councillor Denton
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. B. Ballard, 48 Craig Crescent,
regarding the opening of the Howe's Lake dump site by the City for the disposal of garbage .during the current
labour dispute, be received and filed and Mr. Ballard be fowarded a copy of the letter received by the City
from the District Medical Health Officer regarding the .City'splan for temporary garbage storage.
(Councillor Landers re-entered the meeting)
On motion of Councillor M: Vincent
Seconded by Councillor Wayne.
RESOLVED that the letter from Mr. Wallace S. Turnbull, solicitor for
Moosehead Breweries Limited, requesting that Prospect Street, between Walnut Street and Hill Street, be con-
verted to permit two-way traffic, be referred to staff for a report and recommendation.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
,. RESOLVED that permission be granted for the Session of Carleton-Kirk
United .Church to hold an Easter Sunrise Service on Sunday, April 19th, .1981 in King Square West.
Sunrise Service .(Prior to the regular meeting, the Council met in Legal Session when there were present Mayor Lockhart
and Councillors Denton, Elliot, Knibb, Landers, .MacCallum, M: Vincent and Wayne)
City Solicitor
..Irving Pulp &
Paper
water rates
.
\
Council
Committee
I
I
.
lI...
Consideration was given to the letter from the City Solicitor, dated February 27th, 1981 submitting
the opinion received from Cox, Downie, Nunn & Goodfellow, Barristers and Solicitors of Halifax, relating to the
proposed water contract regarding the Irving Pulp Mili consumption. The letter notes that it is the opinion of
Mr. Cox that the municipality of the City of Saint John is a public utility when it comes to the supply and
once it is established that the municipaiity is a public utility, certain responsibilities fall on the municipa-
lity to ensure that the administration for the supply of water, being a matter of prime necessity, means that
many factors have to be considered and all customers large or small must be treated equitably and without
discrimination. The City Solicitor advises that if the Council proceeds.towards executing a contract with
Irving Pulp & Paper Limited for any part of the consumption rate, Council should at least have available
documented proof from experts in the pUblic utility accounting and rate structure field, to assure the Council
that the rate negotiated provides sufficient revenue presently and for the life of the contract, to cover the
costs of supplying water to the Irving Pulp & Paper Company, which documented evidence should counteract any
claims of discrimination, inequality and unfairness; however, the documented evidence will not provide the
assurance that if the contract is challenged, it will not be set aside for lack of authority as ultra vires by
virtue of Section 189 of the Municipalities Act and the final decision.to enter into a contract will be a
policy decision based on the risks Council wishes to assume, having regard to the terms negotiated with the
Company and the possibility of challenge. The City Solicitor also.submits the second opinion of Mr. Cox
dealing with the consumption deficiency charges.
Following discussion on the above matter and on the negotiations being conducted by the Council
committee appointed to meet with the Irving interests, Councillor Knibb, chairman of the said Council committee,
advised that the committee will be reporting further to Council, in legal'session.
On motion
The meeting adjourned.
~Vk"'
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the ninth day of
March, A. D. 1981, at 4.00.0'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum
and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, N. Barfoot, Assistant City
)'1anager, D. Wilson, Deputy CominissionerofFinance, J. C. MacKinnon,
Cominissioner. of Engineering and Works,S. Armstrong, Deputy Com-
missioner of Engineering, J. Gabriel, Deputy Commissioner of Works,
6,02
~
"
Counc. Landers
Strike
Counei 1 minutes
,
S.J, District Labour
Council
,
Golf Course
Counc. Elliot
Union
Local 61
Union
Local 61
\
S,J. District Labour
\ Council
Contracting out of
municipal services
Union
Local 18
Mark M. Yeoman
~
\ ~-.'-
_.~
"Opal" '
~
"
Counc. Green
Monthly Report
of Technical &
Inspection Services
Branch
Marsh Creek Bridge
M. Zides, Commissioner of Community Planning and Development,
D. French, Director. of Personnel, J. Johnson, Building Inspector,
C. Oram, Deputy Chief of Police, D. Buck, Deputy Commissioner,
Housing and Renewal Services, G. Prentice, Public Relations Manager,
and K. Galbrai~h, Administrative Assistant to the Mayor
.
Councillor Elliot offered the opening prayer.
Rising on a point of privilege, Councillor Landers (noting that Bourinot's Rules of Order
describes a breach of privilege as a wilful disregard by a member or any person of the dignity and
lawful authority of parliament or the disregard of any of its members) read ~ prepared statement (copies
of which were distributed to the Council members at this time) which states that since negotiations
first began last fall he has been one member of Common Council who has. felt from the very beginning that
members of Council should stay out of the negotiating process and that Council should be setting the
guidelines and that the management people who are charged with the responsibility of managing the City
should be doing all the negotiating, however, there have been some statements. made this week which are
nothing but outright lies and as a member of Council he has every right to comment on those lies at this
time. The statement refers to .an article in the Evening Times-Globe of Thursday, March 5th and statements
attributed to Mr. John McNamee, Pre.sident of Local 61, regarding events at the "Piggery Pit" on SatUrday,
February 28th; to an article in the March 6th Evening Times-Globe in a .statement attributed to Mr.
Robert Davidson, C.U.P.E. regional representative that the strike, now in its fourth week, is a calculated
move by the City so that it can save approximately $1 million to spend on a proposed sportsplex and
other projects favoured by Common Council; and to an advertisement sponsored by Local 18 in the March
7th newspaper regarding the present strike. The statement concludes that Councillor Landers, like all
members of Council, would like to see a settlement to the strike and as well would like to see a halt to
the outright lies being told by members of the Union about members of Common Council.
1
1
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that minutes of the meeting of Common Council, held on
March 2nd last, be confirmed.
Referring to the lack of recording in the .said minutes of discussion by the Council members
regarding the presentation of briefs by the Saint John District Labour Council and the Police Union, and
the rebuttal made by Councillors to matters contained in the said briefs, Councillor Knibb suggested
that staff should consider more carefully matters of such importance, and should use better judgement
when recording such proceedings.
.
Councillor Elliot stated he is not recorded as having voted against the motion at the last
meeting approving a proposed tender call for a food and beverage concession at the Rockwood Park Golf
Course, however,.he did vote against such motion.
Councillor Wayne referred to the brief presented at the last Council meeting by the Saint John
Policemen's Protective Association, Local No. .61, and .noted that Council took nO action .on the said
brief at that time. She also noted that the said Union had a different interpretation of a section of
their working agreement. and the Industrial Relations Act from that received by Council from the City
Solicitor, and she suggested it would be wise for Council to obtain another opinion in this regard.
I
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the brief presented at the last meeting ,of Council
by the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. ,be received and filed:
AND FURTHER that an independent legal. opinion be obtained on the legal matters raised in the
said brief regarding the working agreement between.the said Union and the City; and the relevant sections
of the Industrial Relations Act.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the brief presented at the last meeting of Council
by the Saint John District Labour Council regarding.cutbacks and contracting out, be received and filed.
.
The Mayor advised that.the City has been informed this date by senior officials of the Provincial
Department of Labour, that under Section 90 of the Industrial Relations Act, the Honourable Mabel
DeWare, Minister of Labour, has decided to appoint Mr. Mark M. Yeoman as an Industrial Inquiry Commission
to inquire into the dispute between. Local No. 18 and the City in regard to the renewal of the collective
agreement between the.said parties. He further advised that ,the inquiry will commence on Wednesday,
March 11th, .1981..
On motion of Councillor Denton
I~
Seconded by Councillor Landers
RESOLVED that an item regarding the freighter "Opal" be added to
the agenda and considered later in the meeting.
Question being taken, the motion was carried with Councillors Gould, MacCallum and Wayne
voting "nay".
On behalf of the Common COuncil and the general public, the Mayor expressed best wishes to
Councillor Green for a speedy recovery from his present illness.
,I
Councillor Elliot referred to the monthlY report of the Technical and Inspection Services
Branch for January, 1981, which had been. forwarded to the Council.members as an information item, and
noted that in that month more permits were issued,for building cons~ruction work, amounting to almost $3
million, than for any year since 1975, and that in.only two years since 1971 has this amount been.
exceeded.
Councillor Wayne referred to a copy of a letter to the Assistant City Manager from the Deputy
Minister of Transportation, which had also been forwarded to the Council members as an information item,
and which advises that the Department of ~ransportation expects'to'call tenders for construction of the
Marsh Creek Bridge during the week..of March 16th, 1981. In reply to.a query of Councillor Wayne, Mr.
McDermott. confirmed.that all of the items to be completed by the Qity regarding this contract, will be
on schedule.
.
.'
...
JIll""'"
6"03
,.
.
Chitticks (1962
\ Ltd.
I
Progress
'- payments
Forest Hills
\ Ballfield
,Fundy Fencing
I
, Winter, Stanley 2.
& Celebration S s
'Johnson Const.
.
Moosehead Brew-
\ eriest
Prospect St.
\ re 2-way traf-
fic
I
Agreement re
Urban Transit
"\ Contribution
S. J. Transit
,
garage
.
I
Louis E. Murphy
, M.L.A.
Church Avenue
\ Overpass
Union
"\ Local 18
I
, Negotiating
Committee
S.J. District
, .
Labour Counnl
.Emergency
, Measures By-La
...
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that as. recommended by the City Manager, authority be
granted for payment of the foll.owing invoice, namely:-
Chitticks (1962) Ltd. - equipment rental January 16-31, 1981 .$ 16,886.70
(Councillor Wayne re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the fOllowing construction progress certificates, namely:-
1.
Forest Hills Ballfield
Fundy Fencing Ltd.
Supply and installation of chain .link fencing
Original estimated value of .contract
Total work done, Estimate Number 4 (Final)
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated March 4, 1981 Final Release of Holdback
$ 8,922.00
8,922.00
Nil
8,654.34
4
$ 267.66
L d
Winter, Stanley and Celebration Streets
Johnson Construction Ltd.
Street reconstruction
Original estimated value of contract
Total work Done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 3
dated March 4, 1981 Partial Release of Holdback ,
$'.81,133.00
78,815.13
3,564.13
66,992.86
$ 8,257.82
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding the request from the solicitors for Moosehead Breweries
Linitedto permit two-way traffic. on Prospect Street between Walnut and Hill Streets, advising that existing
legislation designates. Prospect Street as.a one-way street in an easterly direction from Church Avenue to
Walnut Street, and Walnut Street is also designated as a one-way street in a southerly direction between
Prospect Street and Main Street West, and in order to preclude truck traffic through the residential portion
of Prospect Street and to provide an access route to the new loading facilities at the brewery, it is advisable
that the one-way designation be lifted, as requested;. submitting the required amendments to the Traffic By-
Law; and recommending that the said amendments to the Traffic By-Law be referred to the Legal Department for
appropriate action -- be received and filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that. the letter from the City Manager advising that on March
12th, 1979 Council authorized execution of the Urban Transit Contribution Agreements for the purchase of
buses, the purchase of maintenance equipment and the design and construction of a transit garage and since
that time it has been necessary for various reaSOns to adjust the cash flows for these projects, and the Pro-
'vincial and Federal Governments have agreed to these adjustments and have prepared new agreements for execution;
summarizing the major changes in the agreements, the result of which change, in Federal and Provincial contribu-
tions, is to allocate more money toward the cost of the transit garage; and advising that the contributions to
be made under the Purchase of Buses Agreement will be applied towards four buses to be delivered prior to
March 31st, 1981 and three additional buses to be delivered before March 31st, 1982 -- be received and filed
and authority be granted for the Mayor and Common Clerk to execute the revised Urban Transit Agreements on
behalf of the City".
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A., urging the
City to call tenders at the earliest possible date for construction of the Church Avenue Overpass, be received
and referred to the capital works committee.
On motion of Councillor Wayne
Seconded by Councillo~ Landers
RESOLVED that the letter from Civic Employees Local Union No. 18,
C.U.P.E., .requesting that Council members attend the next meeting which takes place between the said Union and
the City of Saint John in the p~esent contract dispute, be received and filed.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that Common Council go .on record as giving full support to its
negotiating team in the present negotiations, and that Council continue to remain out of direct negotiations.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from the Saint John District Labour Council
demanding that Council immediately rescind the Emergency Measures By-Law, be received and filed.
During discussion of the above matter, it was noted that the Emergency Measures By-Law contains
controls to protect the public; that such by-law is in con~o~ity with Provincial legislation; and that
Council cannot declare a state of emergency under the By-Law unless Provincial approval is received. The
Mayor referred to a newspaper article which referred to statements attributed to the President of the N. B.
Federation of Labour, which gave the impression that Council had in fact declared a state of emergency, which
is not the case.
604
I ,
D. Hatfield, Ltd
invoices
,
S.J. Construction
Association Inc.
re brief presented
by Local 18 re
"$2r~Y~a!;H~g_?ui c, c
Liquor licenses
,Kayson Holdings Ltd
Union
'Local 18
"
"Opal"
Minister of Transport
,
~
On motion of Councillor Landers.
,.
_ .r-'
Seconded by Councillor Gould
RESOLVED that the letter from D. Hatfield, Ltd., advising that
over the last several months many of their invoices have been under discussion at Council and they are
anxious to correct any problems which may exist in their billing procedure so delays in payment may be
diverted, and submitting a complete breakdown of their invoice covering the period of January 16th to
31st,. 1981.for the rental of 15-yard tandem trucks for snow removal, be received and filed.
.
Referring to the breakdown of costs submitted with the above letter, Councillor Landers stated
that such information shows that the City could not purchase and operate 15-yard tandem trucks for the
price for which such equipment was rented.
On motion of Councillor Landers
I
Seconded by Councillor .Gould
RESOLVED that the letter from the Saint John Construction Association
Inc., advising that the Association is in the process of preparing a brief.in.response to the brief
presented to Council by Civic Employees Local Union No. 18, C.U.P.E. regarding contracting out, and
would hope to appear before Council at the earliest possible time, be received and filed and the Associa~
tion be advised that Council is prepared to hear their presentation when it .is finalized.
On motion of Councillor Wayne
I
Seconded by Councillor Landers
RESOLVED that the notice from the Liquor Licensing Board,
advising that the application of Keyson Holdings Limited for a dining room license regarding premises
located at Parkway Mall, will be heard on Friday,. March 13th, 1981; ,~be received and filed.
With regard to the reQuest of Civic Employees Local 'Union No; 18, C.U.P.E. to make a presenta-
tion to Council at this meeting to explain the Union's position in the present labour dispute, the Mayor
stated'he has been advised that the said Union wishes to be.heard at a future time, which is convenient
to Common Council.
.
The Common Clerk distributed.copies of a brief regarding the above request, which was received
from the said Union this date.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the letter from Civic Employees Local Union No. 18,
C.U.P.E. requesting permission to make. a presentation to"Council to explain the Union's position in the
present labour dispute, be received and filed and the said.Union be advised that Council.will hear such
presentation following completion of the commission of inquiry by Mr. Mark'M. Yeoman, Q.C.
On motion of Councillor Denton
Seconded by Councillor Elliot
RESOLVED that the following resolution be adopted, namely;-
I
"WHEREAS the Freighter "OPAL" is lying aground within the jurisdiction of the Federal Minister
of Transport and adjacent to residential properties within the. limits of the City of Saint John:
THEREFORE BE IT RESOLVED that the Federal Minister of Transport use whatever means are available
to remove the Fr~ighter "OPAL" from this location as soon as possible.".
On motion
The meeting adjourned.
)\~.~ 'M
.
At a Common Council, held at the City Hall, in the City of Saint. John, on Monday, the sixteenth
day of March, A. D. 1981, at 7.00 o'clock p.m.
present
M. A. Vincent, Esquire, Deputy Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent and Wayne
'1'
and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of
Finance, .F. Rodgers, City Solicitor, N. Barfoot, Assistant City
Manager, D. Wilson, Deputy Commissioner of Finance, J. .C. MacKinnon,
Commissioner of Engineering.and Works, S: Armstrong, Deputy Com-
missioner of Engineering, J. Gabriel, Deputy Commissioner of Works,
M. Zides, Commissioner of Community Planningcand Development,
M. Winch, Deputy Commissioner of Community Planning, D. French,
Director of Personnel, G. Soucy, Labour Relations Officer, J.
Browneil, Assistant Director of Recreation, J. JOhnson, Building
Inspector, j. Dunham, Deputy Chief.of Police, and K. Galbraith,.
Administrative Assistant to the Mayor
I
Reverend David Hamilton of Portland United Church offered the opening prayer.
On motion of Councillor Elliot
Seconded by Councillor Landers
.RESOLVED that minutes of.the.meeting.of Common Council, held on
March 9th last, be confirmed.
.
...
"..-
,605
. Municipal
By-Law
\. re- zoning
11 0 Metcalf St
Plan
Sterling Invest
\ ments Ltd.
I
,David Wilson
Michael Burgess
I North End Im-.
, provement Corp
.
Plan. Adv. Com.
I. Tenders rejecte
Playground
, equipment
,
Salvage Corps &
Fire Police
~~ender accepted
clothing
\ Police Dept
'Fire Dept
.1'Lease
. Market
Robert J. Lee
, Immig's Sales
\ Market Action
Cornmittee
_I
99 Moore St
Irene E.H.
Stackhouse
~Land Committee
ll...
The Deputy Mayor welcomed to the meeting members of Squadron 527. of the Simonds Air Cadets. Councillor
Knibb also referred to the presence at the meeting of Dr. James O'Brien, retiring president of the St. Patrick's
Society.
The Common Clerk advised that the necessary advertising was completed with respect to altering the
status of property at 110 Metcalf Street (L.R.I.S. Number 379545), by: (a) amending Schedule 2-A, the Future
Land Use Plan of the Municipal. Development Plan to designate the said. property .as District Centre Commercial
from its current Medium Density Residential designation, and (b) re-zoning the said property from "RM-l"
Multiple Residential to "B-2" General Business classification," to permit the property to be used for the sale
of accessories for motorcycles and other recreational vehicles and for minor repairs to such vehicles, as
requested by Sterling Investments Ltd. He stated that letters of objection to the proposed amendments have
been received this date from David O. and Theresa V. Wilson, 91 Metcalf Street; Reverend John D. Raymond of
Main Street Baptist Church; Mr. Michael Burgess, President of the North End. Improvement Corporation; and Freda
Bishop, 99 Metcalf Street.
Mr. David Wilson expressed his opposition to the proposed re-zoning as it is felt it would create
excessive noise in the area, and increased parking problems as the property in question does not have off-
street parking facilities, and it is also felt that the increased motorcycle and other vehicle traffic will
create a hazard for the children and senior citizens of this area.
Mr. Michael Burgess, appearing on behalf of the North End Improvement Corporation, stated that the
Corporation is opposed to the proposed re-zoning as it is felt that the proposed business is not appropriate
for a residential area, and in particular, there is inadequate parking, the noise would create a problem for
the neighbourhood, and as the re-zoning is not in keeping with the North End Plan, which the Corporation
strongly supported, and will change the character of the neighbourhood. He stated that the Corporation has
invested a considerable amount in this neighbourhood and is very concerned with the proposed use. In reply to
a query of Councillor Elliot, he stated he understands the North End Plan designates the entire area as
residential, and the previous business at this location had been in operation at the time the area was previously
re-zoned.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED.that the above matter be laid on the table pending a report
and recommendation from the Planning Advisory. Committee.
Question being taken, the tabling motion was carried.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letters of objection to the above proposed amendments
be referred to the Planning Advisory Committee.
On motion of Councillor Gould
. Seconded by Councillor Landers
RESOLVED that the letter from the City Manager. advising that a public
tender call for supplying and erecting playground equipment resulted in two bids having been received, however,
neither of these was complete;. and recommending that the tenders. received be rejected and that tenders be
recalled for this equipment. --be received and filed and the recommendation adopted.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that
Council confirm the election of officers for the No.
as recommended by the City Manager and Fire Chief,
1 Company Salvage Corps & Fire Police for the year 1981.
\
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, tenders for supplying
the 1981 clothing requirements for the Police and Fire Departments be awarded as recommended in the submitted
bid summary.
During discussion, the City Manager advised Council that the quality of the items being recommended
for purchase meet the City's specifications.
On motion of Councillor Landers
Seconded by Coun~illor Denton.
RESOLVED that as recommended in the joint letter from the City Manager,
Commissioner of Engineering and Works, and Deputy Commissioner of Works, Common Council approve the rental of
office space on the fourth floor of the City Market building, comprising 1,084.06 square feet, on a month-to-
month lease to Robert J. Lee Immig's Sales, at a rental of $271.02 per. month.
Councillor Denton inquired as to when Council will be receiving a report on the proposed call for
proposals for operation of the City Market. Mr. McDermott replied that he will be meeting with Council's
Market Action Committee in two weeks time, and will be reporting to Council following that meeting.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that in accordance with the recommendation of the City Manager,
approval be given for the acquisition of the leasehold interest in property at 99 Moore Street (L-10-ll-ll)
from Irene E. H. Stackhouse for the amount of $7,000.00, free and clear of all encumbrances, the approval of
the Partnership for acquisition of the said leasehold interest having been received.
Councillor Wayne stated she feels there are a lot of unanswered questions regarding the purchase of
the above leasehold interest, as to why such leasehold interest was not discovered during the title search at
the time the freehold interest was purchased; she questions the purchase price, and understands that at the
time of purchase of the freehold in 1969, this property was listed under another owner; and she wonders why
such matter was not referred to the Land Committee. Councillor Landers noted that such matter was brought to
the attention of the Land Committee, however, such purchase is cost-shared under the urban renewal programme.
Councillor MacCallum stated he would like to know. the name of the former owner of the freehold interest of
this property; that he would like to see the appraisal report of the leasehold interest; and he would like to
know why the title search previously done for this property did not reveal such leasehold interest.
606
I'
Legal Department
Land Committee
308 Rockland Road
,Lloyd Riley
North/South Arterial
Land Committee
Cedar Point Trailer
Park
Cedar Point Trailer
Park, Lot #4
Geraldine Reid
City Solicitor
Property, city-owned,
take possession of
Ci ty Manager
Grant
"Simonds
School
Junior High
Cities of N. B.
Report of Police
,Bargaining Committee
On motion of Councillor A. Vincent
for a
Seconded by Councillor Wayne
RESOLVED that the above matter be referred to the Legal Department
report on the questions raised at this meeting regarding the purchase of such leasehold interest.
Question .being taken, the referral. motion ~as carried..
On motion of Councillor A.. Vincent
Seconded. by Councillor Landers
. RESOLVED that two items from the Land Committee be added to the
agenda and considered-'at this time.
On motion of Councillor Landers
. Seco"nded by Councillor A.Vincent.
RESOLVED that. as' recommended by the Land Committee, authority
be granted for purchase of a portion of property at 308 Rockland Road, as shown on the. submitted plan,
consisting of 1,754 square feet, from Mr. Lloyd Riley, for the sum of $12,000.00, such property being
required for;construction of the. North/South Arterial.
On motion of: :Councillor A. Vincent
Seconded by Councillor Wayne ..
! " . RESOLVED that. the letter from the Land Cqrinni ttee, advising that
there are now seven vacant lots remaining at Cedar Point Tr.ailer, .Park..of. which six are useable, and the
Committee resolved.xhat the lots be offered for sale in the order of names shown on the listing of
applications.received; that the lots be offered for sale at $6,000.00 per lot; that each applicant be
required to make a $500.00 deposit within seven days of being notified of the ava11ability of the lot;
and that each applicant is to pay the remainder of the property price and.complete title within thirty
days of Council approval, be received and filed:
AND FURTHER. that as recommended by the Land Committee, Lot Number 4 at the Cedar Point Trailer
Park be sold to Mrs. Geraldine Reid for.the full purchase price of $6,000.00, subject to. the conditions
outlined in the submitted Agreement to Purchase; and Lot Number 18 at the Cedar Point Trailer Park be
sold to Mr. and Mrs. Stanley Stewart. for the full.purchase price of $6,000.00, subject to the conditions
outlined in the submitted Agreement to Purchase; and that the Mayor and Common Clerk be authorized to
execute any and all documents pertaining to these transactions.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor, advising that it
sometimes becomes necessary under the provisions of a leasing. arrangement. to which the City is a party
or by virtue of the Landlord and Tenant Act, for a City official to enter upon property in order to
reacquire possession, and at present, it is unclear. who is the.more appropriate official, and to clear
up any doubt, he is recommending. that. Council authorize the City Manager or his designate to enter upon
property for. the purpose of reacquiring such property when this. procedure becomes necessary; and further
advising that as an administrative matter, this authority will permit the City Manager..to designate a
person. from the Real Estate Department as. the individual who will actually: carry out the required
duty -- be received and filed and Council authorize the City Manager or his designate to enter upon
property for the purpose of reacquiring such property,when this procedure. becomes necessary.
Councillor MacCallum stated he is not sure of the legality of the above recommendation; he
thinks the general rule in law.is that a delegate cannot further delegate authority. Mr. Rodgers stated
that the above recommendation designates the City Manager, and that in his opiniqn, as an administrative
act, the City Manager can then further delegate such authority.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
Read 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 begs leave to report that it sat on March 2nd, 1981 when there were present
Mayor Lockhart and Councillors Denton, Elliot, Knibb, Landers; MacCallum, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
l.
Ontario
denied,
That the request for financial assistance. in the cost of travel expenses to.Thunder Bay,
by a.grade seven class at Simonds Juniol'. High School, as part of a student exchange project,
the Council having been advised that other avenues of assistance are being investigated.
C'
2: That Common Council be recorded .as nqt being in favour of the. recommendations. contained in the
report 'of the Police Bargaining Committee to the..Cities. of New Brunswick association.
Saint John, N. B.,
16th March, 1981.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor.Knibb
.Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
Question being taken, the motion wasocarried with CoUncillor A. Vincent voting "nay".
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that section 2 of the above report be. adopted:
~
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I
be
,I
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JII""'"
,c607
.
I
Loyalist Days _
Inc.
Loyalist Lane
King Square
, Rodeo East
I
" Courthouse
exchange of
properties
.
I
, Rodeo Eas t
.
I
, Zoning By-Law
.E & P Holdings
\ Saint John
I (Firemen's Club
Westmorland PIa
,
.
Mun. Plan By-La
re- zoning
,Target Invest.
Ltd.
270-274 Britain
St
...
Read 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 begs leave to report that it sat on March 9th, 1981 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Knibb, Landers, MacCallum, A. Vincent and Wayn~, and your
Committee submits the following recommendations, namely:-
1. . That as requested by Loyalist Days Inc., and subject to consultation with appropriate staff, per-
mission be given to use King Square for Loyalist L~ne activities during Loyalist Days, July 21st to 25th; that
permission be granted to close North King Square to traffic for appropriate activities, with provision for a
fire and bus lane; that the City decorate the bandstand appropriately during Loyalist Days with flags and
bunting; that the City plant the large flower bed at the head of King Street with the Squire John symbol as
well as the title, Loyalist Days; and that the City have the flower beds around the bandstand planted with
low, sturdy flowers for Loyalist Days.
2. That Common Council approve in principle the addition of Saint John as a member city in the Rodeo
East Circuit; that Council provide $5,000 for initial promotion and committee organization and that the
balance of the City's financial commitment be provided by sponsorship of events and income from advance ticket
sales; that a committee for Rodeo East Saint John be organized under .direction of the Public Relations,
Development and Tourism Department; that the Public Relations, Development and Tourism Department, with
committee understanding and sanction, agree to return, if possible, the $5,000 outlay provided by Council in
its efforts to assist in establishment of the Rodeo event; and that a member of Council and the Manager of the
Public Relations, Development and Tourism Department be members of the rodeo committee.
3. That the letter from the City Manager, advising that on February 23rd, 1981 Council approved the
transfer of the Courthouse property to 'the Province of New Brunswick, subject to certain conditions; however,
the Province has requested that the City deliver to the Province a Warranty Deed to the Courthouse property;
and recommending that the City deliver a Warranty Deed for the Courthouse property -- be received and filed
anQ the.recommendation adopted.
Saint John, N. B.,
16th March, 1981.
Respectfully submitted, .
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that section 2 of. the above report be adopted.
Councillor Wayne stated she will oppose the motion as she does not believe the City should start a
policy of promoting private enterprise in order to bring such. events to the City. She stated that the total
cost to the City is not known, and she noted that in Charlottetown it is the Junior Chamber of Commerce which
is promoting the Rodeo in that city. She stated that she had asked the City Solicitor if such matter falls
within the City's grant structure, and was informed that it is a policy decision. She also expressed her
concern that such action will set a precedent for the future. Speaking in support of the proposal, Councillor
Landers stated that the City of Moncton is fully involved in the Rodeo East, and he ?uPP?rts the Rodeo which
will be a tourist attraction in the City, and which will be a profit-making venture. He stated that the Rodeo
East do not want private enterprise to be the sole sponsors of this event as they have found from experience
such an event is far more successful if it is a community project, and that he feels the advantages.of the
Rodeo far outweigh any risk the City may be taking on the project. Councillor MacCallum stated he will oppose
the recommendation as he questions whether the Rodeo can operate successfully, and he also does not feel that
the City should be directly involved. He further stated that in view of policy previously adopted by Council,
he objects to a Council member being appointed to. the committee in this regard. During ensuing discussion,
Councillors Knibb, Denton, Elliot and Green also. spoke in support of the proposal.c..o '.~.. 0'.0 .'6 .),,:.o':'I.,e.
i:::" ;'.:2.'- -:'ee: '.j~: -')e '"j. -.~>"'l:"t.~.--:..i~_e -/~:ct"re ',-,".- -:~:e "0;::: .'
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor A. Vincent
Seconded by. Councillor Landers
RESOLVED that section 3 of the above report be adopted.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the letter from the Planning Advisory Committee, dated
March 11th, 1981, regarding the application tabled by Council at its meeting 'of February 2nd last, from E. & P.
Holdings Ltd., requesting that Section 139A of the Zoning By-Law be amended to reduce or eliminate the distance
requirements separating taverns and cabarets located in industrial. zones from schools, churches or residential
zones to allow the Firemen's Club to locate in Westmorland Plaza, advising that at its March lOth meeting the
aCommittee received letters of objection from the. School Board and several churches, and also a copy of a
letter to Common Council withdrawing the application, and accordingly, the Committee agreed that it was not
necessary to proceed with further consideration of the application -- be received and filed:
AND FURTHER that the letter from Mr. M. Barry Roderick, solicit~r for.E. & P. Holdings Limited,
advising that they wish to withdraw the application for a text amendment to the Zoning By-Law, be received and
filed.
(Councillor Elliot withdrew from 'the meeting)
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the Planning Advisory Committee, dated
March 11th, 1981, regarding the application of Target Investments Ltd. for re-zoning and Municipal Plan
amendment with respect to property at 270-274 Britain Street; recommending (1) that the two lots located at
210-274 Britain Street, identified as L.R.I.S. Numbers 001255 and 001262, be redesignated on Schedule 2-A, the
608
~
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Municipal Plan By-Law
270-274 Britain St
Target Investments
Ltd
re-zoning
270-274 Britain St
,Target" Investments
Ltd.
zoning conditions
Plan. Adv. Com.
'Norman W. Francis Ltd
re-zoning
Mun. Plan By-Law
46-48 Broad St; 51-55
Broadview Ave; 246-25
Sydney St
Municipal 1'1ari'By" cm,
Norman W. Francis
Target Investments
Ltd.
re-zoning
NormanW., Francis
Future Land Use Plan of the Municipal Development Plan, from Medium Density Residential to Port Use' and
(2) that the said two lots be re-zoned from "RM-l" Three-Storey Multiple Residential to "T" Transpo;-
tation, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act
requiring that a site plan be su~mitte~ and approved by the Deputy Commissioner of Community Planning
concerning access, parking, building size and location, exterior lighting and signage -- be received and
filed and the recommendations adopted; ., "
.
AND FURTHER that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto", by' "amending Schedule 2-A,. the Future Land ,Use Plan to reclassify
property located at 270 and 274 Britain Street. (L.R.I.S. Numbers 001255 and 001263), from Medium Density
Residential to Port Use, be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the Mun"icipal Plan .By-Law. of the City of S,aint John and
Amendments Th"ereto" wa"s read in fts entirety "prior to adoption of the above resolution'.
I
In reply to a. query of Councillor Wayne, Mr. .Winch reported
well underway and the Planning Advisory Committee and staff are still
Council to explain the review process."
"'
that the Municipal Plan review is
hoping to have a meeting with
On motion of Councillor Landers
: ,..
Seconded by.Councillor Gould. :
RESOLVED that the by-law:entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property located
at 270, and 274 Britain Street (L.R.I.S. :Numbers 001255 and 001263) from "RM-l" Three-Storey Multiple
Residential to "T" Transportation classification, be read a third time and enacted and the Corporate
Common Seal affixed thereto:
I
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be
subject to a site plan being submitted and .approved'by the Deputy Commissioner of Community Planning
concerning access, parking, building size and. location, exterior lighting and signage.
, ,
The by-law entitled, "A Law to Amend.the.Zonirig By-Law of the.City"of Saint John and Amend-
ments Thereto", was read in its entirety prior to adoption of the above resolution. .
.On motion of "Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee,
dated March 11th, 1981, regarding the application of:Norman W::Francis Limited for re-zoning and Municipal
Plan amendment with respect to six lots in the Broad Street area, advising that the report from the
Planning Branch suggested that the application be denied and that, an alternative site or a smaller
building be considered; further "advising that the Committee felt that the proposed development, which
will consist of a brick veneer office/warehouse building, will be of such quality as. to be an asset to
this area of the City, and that the Committee agreed to consider the matter of variances (referred to
in the submitted staff report). after "the re-zoning has been carried out; and recommending (1) that the
designation on Schedule 2-A, the Future Land Use Plan of the MUnicipal Development Plan be changed. from
Medium Density'Residential to Light Industrial with respect to six lots located at 46-48 Broad Street,
51~55 Broadview Avenue and 246-250 Sydney Street, and identified as L.R.I.S. Numbers 000349, 000356,
.000273; 000265, 002345 and 00028i; and (2) that the said six lots be re-zoned from "RM-l" Three-Storey
Multiple Residentia~ to "1-1" Light Industrial" -- be received and filed and the recommendations adopted:
.AND FuRTHER that the by-law entitled, "A Law.to"Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto", by amending Schedule 2~A, the Future Land'Use Plan to reclassify the
lots located at 46-48"Broad Street, 51-55' Broadview Avenue and 246-250" Sydney Street (identified as
L.R.I.S. Numbers 000349~ 000356, 000273,"000265,'.002345 and 000281) ,from Medium Density Residential to
Light Industrial," be read a third time and enacted and the.Corporate Common" Seal affixed" thereto.
I
(Counc~llor Elliot re-entered the meeting)'
Councillor Wayne noted that she voted against the" sale of.the above property by the City as
she felt the selling,price was not fair and just,and,stated,that she" is concerned with re-zoning the
property at. this time, and that" the opinion of" .staff. shoUld .have" been received prior to sale of this
property, as staff is against such.re-zoning. Councillor Landers noted that the recommendation in
favour of the proposal was unanimously approved by the Planning Advisory" Committee, and" that Council was
well aware of the proposed use of the property prior to agreeing to the sale of such property, and that
he feels this proposal, and the proposal of Target".Investments Ltd.,:which" was considered earlier in the
meeting, will help revitalize the South End area. Councillor A. Vincent stated that the Housing Com-
mission had engaged an architect to prepare a proposal, for construction of a six-unit building on this
property, however, the Commission was advised that this was an industrial area. He stated he feels
staff reports should be made to. the City Manager, and not to Council.
.
I
Question being taken, the motion was carried with Councillor Wayne voting "nay".
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and
Amendments Thereto" was read in its entirety prior "to adoption" of the above resolution.
On mot'ion of Councillor Knibb
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments.Thereto", insofar as ,it concerns re-zoning the lots
located at" 46-48 Broad Street; 51-55 Broadv{ew Avenue and 246-250 Sydney Street (identified as L.R.I.S.
Numbers 000349, .000356, 000273', 000265, 002345aand '000281) from "RM-l" Three-Storey Multiple Residential
to "I-I" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal
affixed thereto. ' '
I.
Question being taken, the motion was carried with Councillor Wayne voting ."nay".
The by-law entitled, "A Law "to Amend the Zoning By-Law ,of the City of Saint John and Amend"'.
ments Thereto" was read in its entirety prior to adoption of the above resolution.
.
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6U9
~ Land Committee
\ D. Ronald Lynch
401 City Line
I
Land Committee
'Beach Crescent
Assoc. Inc.
Beach Crescent
, Lift Station
I
Land Committee
"Dept. of Supply
& Services
Provo of N.B.
Carmarthen St..
'Works Garage
.
Eng. & Works
Dept.
relocation of
Water Dept.
,
S. J. Port
Development
Commission
I
annual report
Mun. Plan By-la
re~zoning
Angus Melanson
,
Ltd
671 Greenhead
Rd
~Maurice Mazerol e
U.N.B. alumni
Municipal Law
course
I
Wilfrid R. Gobh ill
S.J. Coin
, Collectors
. Club
'silver dollar
\ commemorative
coin
I
,S.3. Council 0
Women
Grant
.
\ Uni on
Local 486
....
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of property to Mr. D. Ronald Lynch, containing approximately 1,000 square feet and adjoining
his property at 401 City Line, as shown on the submitted plan, for the sum of $550.00, with Mr. Lynch to be
responsible for any legal, surveyor other expenses involved in this transaction; and that the Mayor and
Common "Clerk be authorized to execute any and all documents pertaining to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot,
. RESOLVED that the letter from the Land
by the Beach Crescent Association Inc.., which is required for construction of
be laid on the table for one week for review by the City Solicitor.
Committee regarding land owned
the Beach Crescent Lift Station,
Question being taken, the tabling motion was carried.
(Councillor Landers withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended by the Land Committee, the Works Department
lot on Carmarthen Street, as shown on the submitted plan, be sold to the Department of Supply and Services of
the Province of New Brunswick, for the sum of $225,000.00 on the following.terms and conditions: (a) that the
transfer be finalized before March 31, 1981; (b) that the City enter into a lease for a term of three years at
$1.00 per year effective April 1, 1981 with a renewal clause allowing renewal for a maximum of .two years; (c)
that the City be responsible for all maintenance and operation costs on the buildings as well as any taxes,
insurance. and utilities; and (d) that the Mayor and Common Clerk be authorized to execute any and all documents
pertaining to this transaction:
AND FURTHER that the City of Saint John reserve the air rights to the said property.
Prior to adoption of the above motion, Mr. MacKinnon advised of divisions of the Engineering and
Works Department which have been relocated to the Grandview Avenue depot. He confirmed that relocation of
this. facility will require long-term planning, and that the controls for the City's water system, which are
located in the above building, are electronic using N. B. Tel facilities. He stated that the estimated cost
of relocating the facility has not been computed.
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that the annual report of the
Commission for th~ year ending Dec~ber 31st; 1980, be received and filed and the
Commission, and staff, be thanked for.their. successful efforts in the development
which has just completed its third successive record-breaking year.
Saint John Port Development
chairman and members of the
of the Port of Saint John,
(Councillor Denton withdrew from the meeting)
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the application of Angus Melanson Ltd. for an amendment
to the Municipal Plan and re-zoning of property at 671 Greenhead Road, be referred to the Planning Advisory
Committee for a report and 'recommendation, . and that authority be granted for the necessary advertising in this
regard, with the public hearing to be held on April 27th, 1981.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the letter from Mr. Maurice Mazerolle of the Saint
John Chapter U.N.B. Alumni, advising that the Social Science Division at the Saint John Campus will be presenting
a course on Municipal Law, for a period of nine weeks commencing April 27th, and that it is hoped that Council
may be willing to sponsor one or more of the City employees or members of Council who would be interested in
taking this course, be received and filed and as the City has a policy enabling employees to take job-related
courses, the matter be referred to the "City Manager for "appropriate action through the Personnel Department.
(Councillor Denton re-entered the meeting)
On motion of Councillor.Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from Mr. Wilfrid R. Cobham, Vice-President of
the Saint John Coin Collectors Club, advising that the members of the said Club have requested that a silver
dollar be issued in 1985 through the Royal C~nadian Mint to commemorate.the 200th.anniversary of the founding
of the City of Saint John, and requesting the Mayor and members of Common Council to individually and corporately
support this request to the Minister of Supply and Services, The Honoura91e Jean-Jacques Blais -- be received
and filed and Common Council express its support to the Federal Minister of Supply and Services:
AND FURTHER that a copy of the said letter also be referred to the City's Bicentennial Committee.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from Mrs. Marion Graham, President of the Saint
John Council of Women, advising that the 88th annual conference of the National Council of Women of Canada
will be held in Saint John from June 7th to 11th, 1981, asking if the City of Saint John would host the
official opening of this Conference -- be referred to the grants committee.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the letter from Saint John City Hall Employees' Local 486,
C.U.P.E., requesting permission to appear before Council to present their position regarding the possible
forced vacation/layoff situation of members of the said Union, be received and filed and permission be granted
for the said Union to appear at the next Council meeting.
610
Union
,Local 486
re forced vacations
and lay-off
\
Thistle-St.Andrews
Curling Club
Death
Ada F.airweather
Ci tySolicitor
'Traffic By- Law
,Parking on Cliff St,
Sewell. St
Wentworth St
Prospect St
Prior to adoption of the above motion, Mr:McDermott read the policy of the City on Local 486
employees with lack of work because of the strike by Local IS, as follows; (1) Employees within Depart-
ments with lack of work because of strike shall be'.placed on vacation by the"Director; (2) If vacation
entitlement runs out before the lack of work ends, then qualified senior employees may replace junior or
casual employees .before any lay-off occurs; and (3) .if,lay~off necessary, PA for permanent employees
shall state "temporary lay-off due to 'lack of work,"because of strike, with a right to be recalled;
employment status will "continue.". He stated that the said policy means that benefits will continue to
be paid by the City until the lay-off is cover, and then the. employees' portion paid by the City shall
be paid by the employee on his return to work. Councillor Knibb asked that the City Manager ensure that
the neighbourhood community centres in the City. are opened as" soon as possible, which have been closed
as a result of the supervisors of these centres being laid .off. Mr. McDermott noted that this matter is
being discussed tomorrow with the Union concerned.
~
.
In proposing the above motion, Councillor . Gould had .proposed that the words "in Committee of I
the Whole"be included. Councillor "A. Vincent noted. that the said Union is not asking to be heard in
Committee of the Whole. He suggested that the Union should be asked whether they want to appear publicly
or in Committee of the Whole. ..The Common'Clerk stated he was advised this date by the said Union that
they wished their request to remain on open session, and they would advise later whether they wished
such appearance to be made in COnmlittee of the Whole or open session, Councillor Wayne noted that
Council has a policy that briefs to be presented to Council must be given to the City in time for_such
briefs to be included in the Council agenda kits.. on Friday, and she stated that this policy should be
followed. Following said discussion, and prior to adoption of the motion, Councillor Gould, with the
consent of the seconder, withdrew the words "in Committee of the Whole" from the proposed motion. It I
was agreed that the Union would advise the Common Clerk as to whether they wished to appear in open
session or Committee of the Whole.
On motion.of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from"Mr."John C. Mason, President of
Thistle-St. Andrews Curling ClUb, requesting a meeting with Council to discuss the uses of the Curling
Club for the upcoming, summer season, be referred to the Planning Advisory Committee for a report and
recommendation. ..
"On motion
The meeting adjourned.
J;J:;L
. Common &k
At a Common Council; held at the "City Hall, in the City of Saint John, on Monday, the twenty-
third day of March, A. D. "1981, at 4.00 o'clock"p.m.,
present
A. R. W. Lockhart; Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent and M. Vincent
- and -
Messrs. N. Barfoot, Assistant City Manager,R. Park, Commissioner of
Finance, F. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of
Engineering and Works, S. Armstrong, Deputy Commissioner of Engineering,
M. Zides, Commissioner of Community ~lanning"and Development, J. F.
Ross, Chief of Police, P. Clark, Fire Chief,"D. French, Director of
Personnel, J. Johnson, Building ~nspector, .and K. Galbraith, Administrative
Assistant to the Mayor
Reverend Father Raymond Riley of St. Rose's Church offered the 'opening prayer.
The Mayor expressed condolences on behalf"of the Council to Councillor Elsie Wayne and family,
on the passing of ' her mother, Mrs.. Ada. Fairweather.
On motion of Councillor Gould "
Seconded by Councillor Landers
RESOLVED that minutes of the meeting of Common Council, held on
March 16th last, be confirmed.
Read a"letter from. the City Solicitor submitting appropriate amendments to the Traffic By-Law
in accordance with the following recent recommendations of Common Council, as follows: (1) changing the
regulations on Cliff Street to allow unrestricted parking as requested by the residents; (2) to provide
for a two-hour parking limit on Sewell Street, between Coburg and Dorchester Streets, as recommended by
staff; (3) changing the "parking regUlations on the east side of Wentworth Street, between St. James and
Queen Streets, as requested by Mr. Robert A. Brodie; and (4) to provide for two-way traffic on Prospect
Street between Walnut and Hill Streets, as requested by Moosehead Breweries Limited.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the above letter from the City Solicitor be received
and" filed:
.
I
.
I
I,
AND FURTHER that the by-law entitled, "A By-Law to Amend."A By-Law"Respecting Traffic On
Streets In The'City of Saint John Made Under the Authority of The Motor Vehicle Act,'1973, and Amend-
ments Thereto", be read a first time.
Read a first time the. by-law entitled, "A By-Law to "Amend A By-Law Respecting Traffic On .
Streets In The City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amend-
.ments Thereto".
....
""'"
'f)1 1
. Traffic By-Law
I
Ci ty Solicitor
,Beach Crescent
Lift Station
Lease
\ Beach Crescent
Assoc. In.
I
.
Land Committee
153 Orange St
James Carlson
Land Committee
85 Germain St.W
I' Edmond Vautour
Land Committee
,Saint Rose Chur
Church Avenue
Overpass
Land Committee
Topeka & Belmon
~ Sts (fire lane
Chester Craig
\. et ux
II s. J. Parking
, Commission
'Cities of N.B.
parking viola-
, .
tlons
.1 Municipalities
Act re parking
meter fines
.
~
On motion of Councillor Green
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A By-Law to Amend A By":Law Respecting
Traffic On Streets In The City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and
Amendments Thereto", be read a second time.
Read a second time the by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On Streets
In The City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor regarding the report
submitted at the last meeting of Council from the Land Committee with respect to the Beach Crescent Lift
Station, advising that the proposed lease from the Beach Crescent Association Inc. has been re-examined, and
he is satisfied that there are no concerns from a legal standpoint, and that the reference in the covering
letter of.March 9th, 1981 from the Land Committee to Council with respect to "construction under the indemni-
fication clause" has been deleted, and the submitted document, in particular Section 10, makes reference only
to the operation of the pumping station; "and further advising that if Council is agreeable to the policy as
outlined in the document, it is now in order for the Council to accept the recommendation of the Land Committee
and authorize the Mayor and Common Clerk to execute ~he lease on behalf of the City, be received and filed:
AND FURTHER that as recommended by the Land Committee, the City lease from the Beach Crescent
Association Inc. the land shown as Lot 80-1 on a subdivision plan entitled "Beach Crescent Association
Subdivision'~ prepared by Hughes Surveys and Consultants Ltd. and dated May 23rd, 1980, upon the fOllowing
terms and conditions: (1) the demise of a term of 99 years at an annual rent equivalent to the annual real
property taxes levi~d against the entire property owned by the Association; with provision for the City's
continued occupation after the 99 year term; (2) that the lift station be constructed, maintained and land-
scaped in accordance "with the principles agreed to by the parties as set out in the document submitted
herewith; (3) that all legal and survey costs incurred by the Association in this transaction be borne by the
City; and (4) that the City indemnify the Association against claims arising from the operation of the lift
station.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
granted for sale of the freehold interest in property at 153 Orange Street (Lot 671, Queens Ward) to Mr.
James Carlson for the sum of $2,250.00.
On motion of Councillor Gould
Seconded by Councillor Green
.RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 85 Germain Street West (Lot 724, Brooks Ward) to Mr. Edmond
Vautour for the sum of $1,000.00.
On motion of Councillor Green
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, authority be
h granted for the purchase of property from Saint Rose. Church, consisting of 53,607 square feet, for the sum of
$75,000.00, said property being required for construction of the Church Avenue Overpass, and that the Mayor
and Common Clerk be authorized to execute any and all documents pertaining to this transaction.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that. as recommended by the Land Committee, authority be
granted for the sale to Mr. and Mrs. Chester Craig, of portions of the former fire lane located between
Topeka and Belmont Streets, namely: Part "c" as shown on the submitted map for the sum of $180.000, and Part
"D" as shown on the submitted map for the sum of $135.00,. and. that the Mayor and Common Clerk be authorized
to execute any and all documents pertaining to this transaction.
In reply to a query of Deputy Mayor M. Vincent, Councillor Landers (a member of the Land Committee)
stated that the Committee was advised that Mrs. B~ddington, 103 Topeka Street, has agreed to release any
right she might have to a portion of the fire lane abutting her property, to permit sale of that portion of
the fire lane to Mr. and Mrs. Craig.
On motion of" Councillor Knibb
Seconded. by Councillor MacCallum
RESOLVED that the letter from the Parking Commission requesting
Common Council" to recommend to the Cities of New Brunswick that any violation. of the Parking Meter By-Law be
raised from $2.00 to $5.00 and that the matter be placed on the agenda of the next meeting of the Cities of
New Brunswick, be received and filed:
AND FURTHER that a letter be forwarded to the appropriate Provincial Government department, requesting
that the Municipalities Act be amended to provide for a minimum fine of $5.00 for parking meter violations.
Prior to the above resolution being proposed, Mr. Rodgers" advised that the Provincial Municipalities
Act restricts the fine for parking meter violations to $2.00. Councillor MacCallum then suggested that the
matter should be referred directly to the Provincial Government, rather than the Cities of New Brunswick
association, which will not be meeting again until. May.
Deputy Mayor M. Vincent suggested that the Mayor could apprise the other cities in the Province of
the action being taken by Common Council in this regard. Councillor Landers suggested that perhaps even a
$5.00 fine is unrealistic" considering the cost to. the City to collect such fines, as the payment of fines is
not computerized. Councillor Elliot advised that the Audit Committee has been working with the Finance
Department so.that computerization in. the processing of such fines can take place in the not too distant
future. Councillor Knibb expressed the view that the issuing of tickets for such violations must be enforced
fairly. Councillor Denton suggested that the City must be careful not to discourage shoppers from the uptown
area by increasing fines for parking meter violations.
. :612
""'lll
,
Land Commi ttee
Cedar Point. Trailer
Park" Lot' 12
Harvey Keats
\
Forest Hills Communit
Center:
\
Cities of N.B..
Essential,Services
,Conunittee
Policy re
. essential services
Municipalities Act
Labour. Relations Act
Union, Local 61
Right to strike
(Councillor A. Vincent entered the meeting)
Councillor Green concurred with the statement of Councillor Denton, stating that he feels if
the fine is higher than.$5.00 it may cause problems for the businesses in the uptown area. Councillors
Elliot and Gould suggested that a higher fine should.discourage those persons who use the parking
meter spaces for all-day parking. Councillor MacCallum suggested that there was a.great inconsistency
in parking violations, in that those persons who park in no parking areas are less likely to receive a
ticket than those persons who violate parking.meter regulations.
.
On motion of Councillor Landers
Seconded by Councillor A..Vincent
RESOLVED that an item from the Land Committee be added to
I
the agenda and considered at this time.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, Lot Number
12 at the Cedar Point.Trailer Park be.sol~ to Mr. Harvey Keats for'the full.purchase price of $6;000.00,
subject to the conditi?ns outlined in the. submitted Agreement to Purchase, and. that the Mayor and
Common Clerk be authorized to execute any. and all documents pertai~ing.to this.transaction.
1
Noting that Council had previously supported and encouraged the development of the Forest
Hills Community Center, Deputy Mayor M. Vincent stated he was pleased to note in.a letter from the
Director of. Recreation and Parks to the City Manager (a copy of which had'been forwarded to the
Council members as an information item) .that'the estabiishmEmt of this' Community Center will become. a
reality in 1982. .Councillor .Gould stated that interest .lias been expressed in having a' community
center in the Millidgeville area, and that maybe with co~operation from.a school in that area, it may
be possible.to establish a.similar program for that area.ofthe City. counciilor,Elliot.recalled that
discussions have been.held r~garding a program for the Red Head area .and stated that the Human Develop-
ment Council is.aware of the interest expressed for the Millidgeville area.
On motion of Councillor. Landers
.
Seconded by Councillor Green
RESOLVED tha~ the letter from 90uncillor Landers noting that
when Common Council dealt with the brief of the. Six Cities Essential Services Committee on March 2nd
he was not in. the Council Chamber; and stating. that. if the motion to accept or reject the report had
been passed or defeated by a majority vote of Council he would not consider adding this item to the
agenda once again, however, due to the fact that it was a tie vote and a~ he has some strong views On
this particular matter, he is placing the matter on the agenda once again for Council's consideration,
be received and filed:
AND FURTHER that the recommendations of the Six Cities Essential Services Committee be
adopted as. policy by Common Council, and that ~he Cities of. New. Brunswick organization be advised, the
said recommendations being as follows: (a) that essential services within a municipality constitutes
any service which falls within the realm of protection, emergency and health services; (b) that it be
recommended to the Minister of .Municipal Affairs that the Municipalities.Act be amended to include the
definition of what are essential services within a municipality; and (c) that a municipal Labour
Relations Act should be formulated and adopted in the Provincial Legislature and that the act provide
for: (1) organization of employees, (2) recognitioti and definition of bargaining unit with the necessary
exclusion of management,persotinel, (3) bargaining .proce~ure., (4) conciliation services independent
from the Department of Labour, (5).final settlement of interest and rights. dispute by compulsory
arbitration, and (6) . creation of. Labour-Management Committees,.etc., .
I
The Mayor stated ~hat,he has consistently voted against the above action on the grounds that
we have the oldest Police union in the world and to the best of his knowledge they have never gone on
strike, and he feels we would be taking away a right which has never been exercised, has never been
used, let alone abused. Councillor Landers stated'that perhaps the Mayor is. correct, however, from
negotiations with which he has been involved with the Police Union, he feels the threat of a strike is
sometimes just as bad as a strike situation itself, and the right to strike by essential services is
quite often used as a threat where Council is left with a decision, particularly regarding the Police
Department, on whether to give, in or to. throw the co~unity into a total stage of disorder; he has
seen this happen in previous Councils and does not believe that. that becomes a bargining process;.
negotiations are carried on until such. time as the Union has made its threat, and he feels this is
unfair bargaining. Councillor Gould: noted that the above action involves more than just the Police,
and includes other essential services; suggested it was unfortunate that the City did not insist at
negotiations upon a contingency plan agreed to by both parties, as part of a collective agreement,
which would avoid the need for such legislation; stated he fUrther believes the Provincial Government
will not act as he feels they should in the case of such strikes. The Mayor replied that while he
agrees with the need for the public to be protected, he firmly believes that in an emergency situation,
the Province has the wherewithal to assist the City in a real. emergency of that sort; he reiterated
that the. Police Union in the City has never .exercised the right to strike, which they have a legal
. right to do, and secondly, the firefighters have given up the right to strike and now are governed by
binding arbitration,.and he feels the ,two most essential elements for public safety are the Police and
Fire, and he believes there are other avenues open to us. other than denying them the. right to strike.
Councillor Gould suggested that maintaining the City's water supply is also an essential service, and
stated that he is concerned with events in the City of Bathurst during a police strike and the lack of
assistance from the Provincial Government during .such strike. Councillor Green stated that essential
services are paid for by the taxpayers and must be maintained, and the right to strike in that respect
. should not be allowed. He stated he believes there should be binding conciliation on both parties in
such a case. Councillor A. Vincent stated the. City should not threaten the Police by outlawing.
strikes, which is their legal right under Provincial law; he suggested that the above action is being
taken at the wrong time, and he'is opposed to such action, and he suggested. that. the Police Chief and
his Department should have some input in this matter. He stated that labour negotiations are based on
trust by both parties, and he noted that the Police Union are. now in conciliation, and.he is opposed
to such action being taken by Council. He. stated that he has faith in the Police. Department and feels
that though they have a legal right. to strike, and they may take a strike vote, that they will not
withdraw all essential services. He reiterated that he, is not in favour. of taking away anyone's legal
rights. Councillor Elliot. noted that at the Cities of New. Brunswick meeting he supported the report
of the committee chaired by Moncton Mayor Dennis Cochrane in which. a contingency plan was recommended
for implementation and for use in case of.a strike situation involving the. Police, ' because he felt the
plan was workable, but when a case developed. at. the dumpsite a few weeks ago when the City attempted
to implement a plan for the storage'of garbage, he founds that unfortunately the trust that he had
placed in the Police to exercise the kind of control over the rights of citizens, was not acknowledged
by certain policemen; and in view of that, he has changed his mind and is going to support the above
motion. Councillor Knibb suggested that staff should be commended for what they have done in. attempting
.
I
I.
.
....
""'"
--6;13
.
'I
LEG A L
SESSION
I
City Solicitor
Expropriation
95, 101 Britain
St
Abe Levine &
,
Sons Ltd
'Joseph LeGault
95,101Britain S
. Sheriff
City Solicitor
Writ
"Central Trust
Company
Millidgeville
, Estates Subd.
I
Common Council
re legal
sessions
\
. Rodeo East
C.F.B.C.
I
Union, Local 18
re charges laid
against member
.1
.
.....
to maintain a reasonable living standard for the citizens of this City during the current strike by members
of Local 18; that he would like to see some other means found to settle disputes, and he believes the suggestion
for a municipal Labour Relations Act to come up with an alternative to strikes, is one that we must follow.
Deputy Mayor M. Vincent stated that it is his opinion that the timing of the proposd action is wrong, and
that until such time as an alternative system is found, he cannot support taking away the democractic right
to strike of unions.. He. suggested that Provincial legislation should never be designed to cover One specific
area such legislation must be broad enough in scope to be applicable at any given.time. The Mayor suggested
, .
that the proposed action provides no system to either guarantee the safety of the people, or the legitimate
rights of the workers.
Question being taken, the motion was carried with the Mayor and Councillors Denton, A. Vincent and
M. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that this meeting continue, in .legal session.
(Councillors Gould and A. Vincent withdrew from the meeting)
Read a letter from the City Solicitor advising that the City, by expropriation, acquired property
at 95 and 101 Britain Street on February 2Tth, 1980 and that a copy of the Notice of Expropriation was
delivered by registered mail to the owners, Abe Levine & Sons Ltd. and Mr. Joseph LeGault, pursuant to the
provisions of the Expropriation Act, and additionally, the City served a Notice of Possession upon the owners
demanding physical possession, however the occupant of the property, Mr. Joseph LeGault, has refused to
relinquish possession and upon his being served the said Notice indicated that he had nO intention of vacating
the property.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the City Solicitor, or his designate, be authorized to
make application to a Judge of the Court of Queen's Bench for a warrant directing the Sheriff to take such
steps as necessary to enable the City of Saint John to enter upon and take possession of the property known
as civic number 95 & 101 Britain Street, which property was expropriated by the City on the 27th day of
February, 1980.
Read a letter from the City Solicitor advising that on March 20th, 1981 the City was served with
the submitted Writ which has been filed against the City and a City employee by Central Trust Company ~
regarding Millidgeville Estates Subdivision, Phase 3, and further advising.that he is presently studying the
Writ, with a view in the first instance to determine if the matter falls under the City's insurance policy,
and that he will inform Council further at its meeting of March 30th, 1981.
(Councillor A. Vincent re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Knibb
RESOLVED that the above letter be received and filed and the City
Solicitor be asked to investigate each clause of the said Writ, and submit a report at the next meeting of
Council, if possible.
Councillor Elliot referred to a recent action involving the.City of Moncton and a former employee
of' that City, in which the presiding Judge ruled that legal sessions of the Council of that City were illegal,
and he asked that this matter be investigated by staff to determine if this judgement has any implications to
the City of Saint John. The Mayor advised that the City Solicitor has initiated discussion with officials of
the City of Moncton in this regard, and is obtaining copies of the various documents relating to this matter.
He stated that a special City of Moncton Act requires that all meetings of Council be. held in open session.
Councillor MacCallum noted that in this regard the City of Saint John.is governed by the City Government Act
of 1936 which has provision for legal sessions of Co~on Council.
The Mayor stated he had calls from the news media last week suggesting that it was brought to their
attention by a Councillor that he was in a conflict of interest with regard to. his ownership of Radio Station
C.F.B.C. and the proposed Rodeo East. He stated that the Rodeo is a City project, and that he has received
legal advice to the effect that he has no legal confict of any kind regarding this project.
(Councillor Gould re-entered the meeting)
Discussion ensued regarding the charges laid against a member of Local No. 18, where the said
employee was acquitted due to the method used by the Police Department in obtaining a statement. Police
Chief Ross entered the meeting and stated that he agrees with the judgement in this matter that the statement
in question did not fall within the rigid guidelines of being voluntary, and that he does not believe there
are any grounds for appeal by the Crown. Mr. Rodgers agreed to request a copy of the. transcript of the trial
in question.
On motion
The meeting adjourned.
~,."'
of March,
At a Common Council, held at the
A. D. 1981, at 7.00 o'clOCk p.m.
City Hall, in the City of Saint John, on Monday, the thirtieth day
present
A. R. W. Lockhart, Esquire, Mayor.
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot Assistant City Manager, D.. Wilson,
614
~
,
r.ezoni ng
Municipal Plan By-Law.
Woodlawn Park Subd.
David M. Lunney &
Associates Ltd
Plan. Adv. Com.
Red Head Homeowners
Association
David.M. Lunney
. Deputy Commissioner of.Finance, J. C. MacKinnon, Commissioner of Engineer-
'ing and Works, S. Armstrong, Deputy Commissioner of Engineering, J.. Gabriel,
. Deputy Commissioner of Works, M.. Zides, Commissioner of Community Planning
and Development, M. Winch, Deputy.Commissioner of Community Planning,
C.. E. Nicolle, Director of. Recreation. and Parks, D. French, Director of
Personnel, J..Johnson, Building Inspector, and K. Galbraith, Administrative
Assistant.to the Mayor
.
Reverend John Raymond of Main Street Baptist Church offered the opening prayer;
Councillor Wayne expressed appreciation for the many acts of kindness and expressions of
sympathy extended to her and her family on the recent death of her.mother.
On motion of Councillor Landers
1-
Se~onded by Councillor Elliot
RESOLVED that minutes of the meeting of Common Council, held on
March 23rd last, be yonfirmed.
The Mayor referred to the current Easter Seal campaign and asked that all citizens support
this worthy cause in oUr City.
The. Common Clerk advised that. the necessary advertising was completed with respect to altering I
the status of approximately 175 acres of land..located east of" the existing development known as Woodlawn
Park Subdivision at Red Head (L.R.I.S. Number 339960), by: (a) amending Schedule 2-A, the. Future Land
Use Plan of the Municipal. Development Plan to .designate the said property. as Low Density Residential
from its current Agricultural use designation; (b) amending Schedule 9-A, the. Staging Plan of the
Municipal Development Plan by including all of the said approximately 175 acres in Stage I; and (c) re-
zoning the said property from "RF" Rural to "RS-2" One- and TWo-Family Suburban Residential classification,.
to permit future subdivision and housing development, as requested by David M. Lunney & Associates Ltd.,
and that no written obj~ctions were received in this regard.
Consideration was given to the letter from the Planning Advisory Committee, dated March 25th,
1981, advising that Mr. David Lunney indicated. to the Committee that he would be proceeding with the .
develop~ent of the two' recently approved subdivisions, but that in order to make the project viable and
in order to secure the necessary financing it is necessary to have the assurance that additional lands
can also be developed in the future. The letter advises that in response to notification of this proposal
to nearby property millers, one person .responded .in favour and two persons were opposed to the application ,
. and that the Plann.ing branch is also' opposed t.o approval of the applIcation at this time, as indicated
on the submitted report, and that the Committee, after considering alY of .the relevant .factors, would,
re-affirm its favourable recommendat.ion .made about two and one"':half years ago, which re.commendation was
not approved at that time by.Common Council. The Planning Advisory.Committee recommends that the
subject property be re-classified .in the Municipal Development Plan from an Agricultural/Unstaged Area
to a Low Density Residential/Stage l.area and be.re-zoned from ."RF" Rural to "RS-2" One- and Two-Family
Suburban Residential.
Mr. Peter Roche, Vice-President of the Red Head Homeowners Association, which represents I
approximately 400 persons, was present in opposition. to the above proposed amendments. He stated that .
the objections contained in. ~heir .letter to Common Council in November 1978 when the matter was under
consideration, are still valid, and that their main objection is that the proposal totally contravenes
the Comprehensive Community Plan and there is no logical explanation,for.further extension in this area;
the development already in.the area is illogical in that it fragments the population from the rest of
the City; the City is presently in a position of financial restraint and it would cause extreme hardship
to the City as it would be necessary to widen'Red Head Road; fire protection is .totally non-existent and
based on the Fire.Chief's remarks, he has been toid that it would be.extremely expensive to pump water
ov~r.the hill from the Gra~dview Industrial Park into the subdivision. He.stated that the developments
that have taken place in this area are still incomplete ~ approximately 28 homes are still without
owners and 6 to 8 other houses are for. sale~ and there doesn't.seem'to be any desire for housing from
the general population in that area.. He noted.that'in November 1978 the Common. Council refused a
similar application for the. property in question.
Mr. David M. Lunney, President of David M. Lunney & Associates Ltd., responded to remarks made .
at this meeting by.Mr. Roche regarding fire protection, and, stated that he has at least three proposals
which have been approved. by the Fire. Chief which could be put in next week if there-was' some reason for
it to be done; He stated that in November 1978 this item was on the agenda but'never got to the floor
and they thought they did not have to re-apply, but in December 1980 there were told they would have to
re-apply and this was recommended to Council in a letter from the City Manager dated January 12th. Mr.
Lunney displayed maps of the area in. question.dated 1962, 1974 and 1979. which. show proposed development
.of 353 a~res from. the Red Head Road to the Old Black River Road, for which area Traders Realty had an
agreement with the former Parish of Simonds, which was subsequently carried on by the City of Saint
John, for development of this whole area. for. housing; these. plans had been presented to the Planning I'
Department at various times to show how it could be .done and what it would entail; he is now asking for
the inclusion of approximately 100 acres of land which is suitable for housing, topograppically and
otherwise, but is located just off the Staging Plan; the effect of this would' cost the City of Saint
John nothing, and it puts the City under no obligation of any kind; it j~st means they may be able to
get the kind of financing which is required to do a proper development of the area, which would be a 10
to 15 year scheme at the least.
Referring to the report of the Planning branch which was submitted with the letter from the
Planning Advisory Committee, Deputy Mayor M. Vincent noted that the Planning branch states "Since that
time, the developer has received approval for two subdivision plans situated to the south and west of I
the existing Harbourview and Woodlawn Park Subdivisions and comprising a total of 65 building lots. To . ..
date, none of the new roads .have been built nor have any of the required services, including a fire
protection storage tank, been installed." and also .state "While .the developer has suggested that the
change in zoning will permit the land's development for "moderately priced housing", this has not been
the case with respect to the lots which were recently approved but have not been developed. This lack of
building activity must, it would seem, indicate either a weak market .and/or difficulties being experienced
by the developer. In view of this situation, it is difficult to understand how rezoning the property by
itself will result in new housing accommodation. .Before the City makes a commitment to providing
sewerage capacity and other services, it should be satisfied that the developer will, in fact, install
the necessary services and improve the lots so that they c~n be marketed.", and he suggested that it I
seems that the major problems in proposals for this area have been the deficiencies in providing services . /.
for Phases 2 and 3. Mr. Lunney replied that there have never been any deficiencies in supplying any
services for Phases 2 and 3; he recalled that in December 1979 Council gave tentative approv~l for the
subdivision of what is now. known as Paisley Avenue ".parallel to Aberdeen Street, and part of the land
belongs to Gar Lucas, and the development of Aberdeen Court - those subdivisions were finally approved
last December and the contract to put those services in expires in September 1981. He stated that the
....
JII"'"
..p.-..." -.'--,--<
6t5
Woodlawn Park
. Subdivision
I
I
.
I
Municipal Plan
By-Law
Woodlawn Park
Subd.
.
_I
Municipal Plan
By-Law
Woodlawn Park
Subd.
_I
Municipal Plan
By-Law
Woodlawn Park
Subd.
.
Iiro..
City hascasked them if they would allow them to put water under fire pressure, and the only agreement they
have, much against their will, is to put in a tank from which the Fire Department could fill two tankers -
there are at least two other plans where they would have all kinds of water. He stated that his company has
approximately one million dollars in the development, and that.the City put in nearly a million dollars three
years ago, and the express purpose in the agreement his company signed is for the development of that land. He
confirmed that there are negative, factors about the whole area which they will have to overcome. He stated
that the purpose of th~ re-zoning application is to provide for long-term planning and substantial financing
for the proj ect. .
Councillor Knibb referred to a statement of Mr. . Lunney that only 100 acres of land is involved in the
present application, and Mr. Lunney displayed a map showing that the area nearest the Industrial Park is __
already included in Stage 1 of the.Municipal Plan. Councillor Knibb noted that the monies expended by the City
were for a pump sewerage system, and he asked if it is being used. Mr. Lunney replied that it is being used
nominally for sew~rage; he believes last year the City extended it to the Debly Subdivision, and as well there
was an inquiry from the Works Department if they would give the City permission to use one of the forcemains,
and since it is not going to be used for sewerage for. at least 10 years no matter how quickly they proceed,
staff thought it would be beneficial to everyone to have sufficient pressure for fire protection. Councillor
Elliot inquired why the agreement for Phases 2 and 3 was not signed until December 1980. Mr. Lunney stated it
could not be done sooner, and that his company has made all legal, financial and other requirements to do it.
He noted that agreements. for servicing normally run for two years, however, his agreement expires in September
1981 and if they had wanted to proceed at that time it would have been impossible to do so.
Replying to questions posed by Councillor Wayne, Mr. Winch stated that he believes the only existing
fire protection in the area is by way of tankers; that he does not have any details of the 65 lots referred to.
by Councillor Wayne, although there was some reference to co-operativechousing,. however, he is not sure of the
precise plans for development of the said 65 lots; regarding the cost to the City of servicing of approximately
c eight. million dollars; he stated that this is a figure he has only heard unofficially from other departments
for a complete City water system, although he is not aware of the details of such an estimate; regarding staff's
feeling that proper subdivision plans should be approved prior to re-zoning, he stated that staff would look
upon the actual development of the land in terms of a current proposal which should be concurrent with a re-
zoning application; the tentative plan for Phases 2 and 3, comprising 65 lots, was given assent by Council in
June 1979 and the subdivision agreement was not signed until May 1980, which means the final plan could not be
approved until that time because he believes of the requested changes to the normal subdivision policy. in terms
of bonding, performance guarantees, etc; he is not sure whether the Planning Advisory Committee and/or Council,
said they would or would not approve additional lots after the plan was filed.
Councillor Denton asked if Mr. Lunney would hope to sell or develop the lots in Phases 2 and 3 as
passed in June 1979, before development of the upper area. Mr. Lunney stated that the request is to provide
for planning and financing; it is quite probable if this approval is given they will do .something there, which
might be to redo the land referred to. Mr. Lunney confirmed that the lot at Ocean Drive and Red Head Road has
been sold and will quite probably.be developed for .commercial use in the next few months. Mr. Lunney stated
that the present water system was designed by professional engineers .to the City's specifications, and was
accepted by the City, and is in the present form because of a former agreement between the City and D.R.E.E.
which foresaw the extension of McAllister Drive to Red Head in 1976 and although in the Harbourview area the 8-
inch pipe is there, this. did not.come to pass. Councillor Denton inquired if the City would be obligated to
supply any services to any new owner of the development. Mr. .Winch replied that there is a degree of commitment
on the City's part to look favour ably upon the subdivision proposals that will come in because the re-zoning in
fact indicates the area should be used for single-f~ily housing, and this has to be initiated by the developer
and the City would have control over the layout. In reply to a query of Councillor Elliot, Mr. Lunney advised
that the 1979 plan was specifically prepared and shown to Mr. Winch but he would not consider it, and a further
plan was done, however, Mr. Winch stated this could not be considered as the area was not re-zoned.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the. by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify approximately 175 acres of land located east of the existing development known as Woodlawn
Park Subdivision at Red Head (L.R.I.S. Number 339960) from Agricultural use to Low Density Residential, be read
a first time.
Question being taken, the motion was carried with Councillors Gould, MacCallum, M. Vincent and Wayne
voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the. City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use
Plan to reclassify approximately 175 acres of land loc~ted east of the existing development known as Woodlawn
Park Subdivision at Red Head (L.R.I.S. Number 339960) from Agricultural use to Low Density Residential, be read
a second time.
Question being taken, the motion was carried with Councillors Gould, MacCallum, M. Vincent and Wayne
voting "nay".
Read a second time the by-law entited, "A Law to Amend the. Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitied, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 9-A, the Staging Plan, to
include approximately 175 acres of land located east of the existing development known as Woodlawn Park Sub-
division at Red Head (L.R.I.S. Number 339960) in Stage I, be read a first time.
Question being taken, the motion was carried with Councillors Gould, MacCallum, M. Vincent and Wayne
voting "nay".
616
~
Municipal Plan By-Law
Woodlawn Park Subd.
re-zoning
Woodlawn .Park Subd.
re-zoning
Woodlawn Park Subd.
Plan. Adv. Com:
street closing
King Street
Street Closing By-Law
King Street
Street Closing By-La
King Street
I
!
street closing
Hazen Street
Street Closing By-La
Hazen Street
Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of
Saint John and Amendments Thereto".
C:,i..1~
On motion of.Councillor A. Vincent
.
Seconded by Councillor Landers
. RESOLVED that the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 9-A, the Staging
Plan, to include approximately 175 acres of land located east of the existi~g development known as Woodlawn
Park Subdivision at Red Head (L.R.I.S. Number 339960) in Stage I, be read a.second time.
Question being taken, the. motion was carried with Co~cillors Gould~ MacCallum, M. Vincent and
Wayne voting "nay". .
Read. a second time the by-law entitled,. "A Law to Amend the Municipal Plan By-Law of the City I
of. Saint John and Amendments Thereto".
. On motion. of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning approximately 175
acres of land located east. of the existing development known as. Woodlawn Park Subdivision at Red Head I
(L.R.I.S. Number 339960) from' "RF" Rural to "RS-2" One- and Two-Family Suburban Residential classification,
be read a first time. .
Question being taken, the motion was carried with Councillors Gould, MacCallUm, M. Vincent and
Wayne voting "nay".
Read a first time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor A. Vincent
.
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-
Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning approximately 175
acres of land located east of th~ existing develop~ent known as Woodlawn Park Subdivision at Red Head
(L.R.I.S. Number 339960) fr;m "RF" Rural ,to "RS-2" One- and Two-Family Suburban Residential .classification,
be read.a second time.
Question being taken, the motion. was carried with Councillors Gould, MacCallum, M. Vincent and
Wayne voting "nay".
Read.a second.time the by-law enti~led, "A Law to Amend the Zoning By_Law.of the City of Saint
John and Amendments Thereto".
On motion of Councillor A. .Vincent
.1
Seconded by Council~or Landers
RESOLVED that the letter from the Planning Advisory Committee.
regarding the above proposed amendments be received and filed.
The Common Clerk advised that the necessary advertising was completed regarding the proposed
closing of a portion of King. Street, and that no written objections were received in this regard. No
person was present.to speak either against or in favour.of the proposed street closing.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing.of Highways.in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closin~ of a portion of King
Street, be read a first time.
.
Read a first time the by-law entitled., "A Law to Am~nd the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipal~~
ities Act, R.S.N.B. 19T3".
On motion of Councillor Gould
Seconded.by Councillor A. Vincent
RESOLVED. that the by-law. entitled, "A Law to Amend the By-Law
Respecting the Stopping Up. and Closing of Highways in The City of Saint John.Made Under the Authority of
Section 187 of.the Municipalities Act, R.S.N.B. 1973",'wtth respect to closing of a portion of King
Street, be read a second time.
I
Read a second time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of'Section 18T of the Munici-
palities Act, R.S.N.B. 1973".
I.
The Common Clerk advised that the necessary advertising was completed regarding the proposed
closing of a portion of Hazen Street, and that no Mritten objections were. received in this regard. No
person was present to speak either against or in .favour of the proposed street closing.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the by-law. entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities. Act,'R.S.N.B. 1973", with respect to closing of a portion of Hazen
Street, be read a first time.
.
Read a first time the by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John Made Under the Authority of Section 18T of .'the Munici-
palities Act, R.S.N.B. 19T3".
..0_:<"-1.',;.
....
JII"'"
-....-
.,617
. Street Closing
By-Law
Hazen Street
I
Dilapidated
building
4255 Loch
Lomond Rd
Allan J &
Cindy Bernier
I
.
I
Dilapidated
building
Inv~stors
.L~nii \ed. _,
2-4 Wellington
Row
Ten Eych Hate 1
I
I
.
...
..',.
On motion of Councillor Gould
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A Law to Amend the By-Law Respecting
the Stopping Up and Closing of Highways in.The City of Saint. John Made Under the Authority of Section 187 of the
Municipalities Act, R.S.N.B. 1973", with respect to closing of a portion of Hazen Street, be read a second time.
Read a second time the by-law. entitled,. "A Law to Amend the By-Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act,
R.S.N.B~ 1973".
Notice had been sent to Allan J. Bernier and Cindy Bernier, his wife, Mortgagor; Central Trust Company
of Canada (now Central.& Eastern Trust Company), First Mortgagee; Central Trust Company of Canada (now Central &
Eastern 'Trust Company), . Second Mortgagee; Central & Eastern Trust Company, Third Mortgagee; and Donald H. Farrell
and Frederick A. Farrell, Fourth Mortgagee, to appear at this meeting to show cause, if any, why the building
located at civic number 4255 Loch Lomond Road should not be removed or destroyed as a dangerous or dilapidated
building. Mr. Johnson displayed photographs of the said building and stated that this one-storey wood frame
building is fire-damaged, open to the public and constitutes_a fire hazard, and he would therefore recommend
that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove
the building under the provisions of the 1925 Building.Act.
Mr. Allen J. Bernier was present at the meeting and stated he understood that the fourth mortgagees
were foreclosing, and that he is not sure if he still owns the property..He stated that he did board up the
building following. the fire but he.is unsure of his legal position to further re-enter the premises. Mr.
Johnson confirmed that the title search for this property, dated March 5th, 1981, indicates Mr. Bernier as
having an interest in the property.. In reply.to a query, Mr. Bernier advised that he had no fire insurance on
the building in. question. He stated he agrees that the building is dangerous and dilapidated. It was explained
to Mr. Bernier that the owners would have ten days following adoption of a resolution by Common Council in which
to have the building demolished, otherwise the City may have such property demolished and the cost charged to
the owners.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that notice having been given to Allan J. Bernier. and Cindy
Bernier, his wife, Mbrtgagor;.Central Trust Company of Canada (now Central & Eastern Trust Company), First
Mortgagee; Central Trust Company of Canada (now Central & Eastern Trust Company), Second Mortgagee; Central &
Eastern Trust Company, Third Mortgagee; and Donald H.. Farrell and Frederick A. Farrell, Fourth Mortgagee, being
the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building
located at civic number 4255 Loch Lomond Road, in the City of Saint John, requesting that the said owners appear
before this meeting of the Common Council to show cause why the said building should not be removed or destroyed
as a dangerous or dilapidated. building, and having considered the report of the Building Inspector; the Common
Council hereby deems and declares the said building located at 4255. Loch Lomond Road, in the said City, to be
dilapidated and dangerous:
AND BE IT FURTHER. RESOLVED that the said Allan.J. Bernier and Cindy Bernier~ Central & Eastern Trust
Company, and Donald H. Farrell and Frederick A. Farrell are hereby required to remove or destroy the said
building situate at civic number 4255 Loch Lomond Road, in the City of Saint John, within ten days after receiving
notice to do so by the Building Inspector:
AND. BE IT FURTHER RESOLVED that upon failure of the said Allan J. Bernier and Cindy Bernier, Central &
Eastern Trust Company, and Donald H. Farrell and Frederick A. Farrell to remove or destroy the said building
situate at civic number 4255 Loch Lomond Road, in the City of Saint John, in compliance with the request of such
notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said
Allan.J. Bernier and Cindy Bernier, Central & Eastern. Trust Company, and Donald H. Farrell and Frederick A.
Farrell.
Notice had been sent to Investors Limited, Mortgagor; Eric L. Teed, Q.C., George F. Teed and Muriel V.
Teed, Executor of the Estate of J.F.H. Teed, Q.C., First Mortgagee; Royal Bank of Canada, Second Mortgagee;
Gregg William Neal, Lis Pendens, Registered pursuant to Mechanics' Lien Act; Hartt Group Limited, Lis Pendens,
Registered pursuant to MeChanics' Lien Act, to appear at this meeting to show cause, if any, why the building
located at civic number 2-4 Wellington Row should not be removed or destroyed as a dangerous or dilapidated
building. No person was present with respect to the said property.
Mr. Johnson displayed photographs of the said building and stated that this 3-storey brick and wood
frame building, which was badly damaged by fire on January 7th, 1980 is badly deteriorated and dangerous to the
public, and he would therefore recommend that the said building be declared dangerous and dilapidated and the
owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act.
Councillor Wayne stated it was her understanding that the property in question was taken over by the
Province at. a recent tax sale. Mr. Rodgers replied that the Building Inspector is required to follow the
provisions of the 1925 Building Act, which requires notice to the owners as appears by the records of.the
. Registry Office, which has been done, and although there is information to the effect that there was a tax sale
of this building, there is nothing registered in this regard. He further stated that if the recommendation of
the Building Inspector is adopted by Council, there would be communications and dialogue with the Province prior
to any demolition action by the City, as to what action the Province wishes the City to take in this regard.
On motion of Councillor Landers
Seconded by Councillor Gould
. RESOLVED that notice having been given to Investors Limited, Mortgagor;
Eric L. Teed, Q.C., George F. Teed and Muriel V. Teed, Executor of the Estate of J.F.H. Teed, Q.C., First
Mortgagee; Royal Bank of Canada, Second Mortgagee; Gregg William Neal, Lis Pendens, Registered pursuant to
Mechanics' Lien Act; Hartt Group Limited, Lis Pendens, Registered pursuant to Mechanics' Lien Act, being the
owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building
located at civic number 2-4 Wellington Row, in the City of Saint John, requesting that the said owners appear
before this meeting of the Common Council to show cause why the said building should not be removed or destroyed
as a dangerous or dilapidated building, and having considered the report of the Building Inspector; the Common
Council hereby deems and declares the said building located at 2-4 Wellington Row, in the said City, to be
dilapidated. and dangerous:
AND BE IT FURTHER RESOLVED that the said Investors Limited, Eric L. Teed, Q.C., George F. Teed and
Muriel V. Teed, Royal Bank of Canada, Gregg William Neal, and Hartt Group Limited are hereby required to remove
or destroy the said building situate at civic number 2-4 Wellington Row, in the City of Saint John, within ten
days after receiving notice to do so by the Building Inspector:
tUB
~
Dilapidate~~building
2-4 Wellington Row
I
\
S.J. District Labour
Council "
Emergency" Measures
\ By-Law
\
Progress payments
Hazen Creek Sewage
'Treatment Plant
Sunrise Contractors
\ Ltd.
\
Rothesay Ave - City
Works" Garage
Northern Industries
,Ltd
"
West Side Water &
Sewer Canst.
Que-Mar Canst. Ltd.
,
AND BE IT FURTHER RESOLVED that upon failure. of the said Investors Limited, Eric L. Teed, Q.C.,
George F. Teed and Muriel V. Teed, Royal Bank of Canada, Gregg William Neal, and Hartt Group Limited to
remove or destroy the said building situate at civic nUmber 2-4 Wellington Row., in the City of Saint
John, in compliance with the request of such notice, that the Building Inspector cause such work to be
done and the cost thereof recovered from the said Investors Limited, EricL. Teed; Q.C., George F. Teed
and Muriel V. Teed, Royal Bank of Canada, Gregg William Neal, and "Hartt Group Limited.
.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor M; Vincent.
RESOLVED that the submission of the Saint John.District Labour
Council regarding the Emergency Measures By-Law be considered at this time.
1
Mr. Larry Hanley, President of the Saint John District Labour Council, stated that the submission
of the said Labour Council is that Council rescind the Emergency Measures. By-Law, adopted by Common
Council on February 12th, 1981. Mr.-Hanley read.the prepared brief in its entirety at this time, copies
of which had previously been forwarded to the Council members." Following is the conclusion as contained
in the said brief: "The Saint John Emergency Measures By-Law. was enacted to attack the trade union move-
ment. It constitutes a back door method to take away the legal rights of union members by allowing the
Council to declare an emergency and extinguish the rights of workers in the process. However, the by-law
goes much further in that it could be used to. supress the rights of any other" group of citizens. It
constitutes a direct challenge to the basic civil liberties of all"Canadians. At a.stroke, it destroys
basic freedoms which have evolved during the"past century with the advance of democracy in this country.
No city council has the right to take these rights. away._ For these reasons, it is imperative that the
Saint John City Council be made to repeal the Emergency Measures By-Law in its entirety. This by-law is"
not"realiyabout emergency measures at all. It is about an attempt by the City"Council, without consulta~
tion with the electorate, to expand its power at the expense of ordinary citizens.".
1
Councillor Wayne stated that the City has a 55-page emergency plan, which was carefully drawn
up, and has been under consideration since 1977, and was received from the" Federal Government with the
reQuest that it be implemented by the City; the plan was implemented to protect the rights of citizens,
not to take rights away; the City adopted a plan and has" put a plan into effect on more than one occasion .
in the City of Saint John; the City now has a by-law. which is part of the disaster plan. She stated she
does not understand the negative attitude of the Labour Council's submission: Mr. Hanley replied that
the City has not defined what is an emergency and therefore it is not in the best interests as protection
for the citizens of Saint John as it is presently written. He suggested that such definition should be
determined following input from the electorate, and should not have been done during a labour dispute.
He stated that in 1978 the. Province" made changes to the Emergency Measures legislation," and that several
communities had legislation in effect before that time. In further discussion with Councillor Wayne, he
stated that he does not accept the fact that any government has the" right to take such powers and that
there should be protection for the citizens. "Councillor Landers noted that the authority empowering the
City to enact such a by-law is provided for in Provincial legislation. He referred to the extreme flood
condition which had taken place in the eastern section of the City on the day the by-law was enacted by
Council and to the fact that the City was Unable to obtain sufficient eQuipment and personnel to overcome
such flooding, although an emergency was not declared at that meeting. He stated he hopes the City is _'I
never in a position to have to enact emergency measures, which are designed for the protection of citizens
in the event of such an emergency. Mr. Hanley stated that their concern is not against having a plan,
however, they believe such a plan should contain a definition of what constitutes a disaster, with
referenc.e to the- courts if" such a plan is" abused. He stated that his group will continue their work
stoppages in the City, up to and including a general work stoppage. Mr. Hanley suggested that any groups
in the City be given an opportunity" to have" input into laws and regulations. for the City bf Saint John.
.The Mayor thanked the District Labour Council for" their presentation and reiterated his previous
offer that when the present strike by the City's outside workers is over, he would be happy to discuss
the Labour Council's concerns in this regard.
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that as recommended by the City" Manager, .authori ty be
granted for payment of the "following construction progress certificates, namely:-
.
1. Hazen Creek Sewage Treatment Plant
Headworks building and modifications"
Sunrise Contractors Ltd".
Original estimated value of contract
Total work done, Estimate Number 5
Ret"ention (3%)
Payments previously approved
Sum recommended for payment, Progress Estimate Number
dated March 23, 1981 Partial Holdback Release
$ 81,300.00
74,994.25
2",249.83
63,745.11
5., I
$" 8,999.31
2.
Rothesay Avenue - City Works Garage
" Northern Industries Ltd.
Miscellaneous renovations
Original estimated value of contract
Total work done, Estimate Number 4
Retention (3%)
Payments" previously approved
Sum recommended for payment, Progress Estimate
dated March 3, 1981 Partial Holdback Release
$ 115,767.'00
115,886.00
3,476.42
98,503.90 1-
Number 4 "
,
$ 13,905.68
3.
West Side Water and Sewer Construction
Que-Mar Construction Limited
Supply anfr install water and sewer mains
plus appurtenanpes
Original estimated value of contract
Total work done, Estimate Number 5
Retention (3%)
Payments previously approved
"Sum recommended for "payment, Progress "Estimate Number
dated February 5; 1981 Partial Holdback Release
....1
I"""
r-,. .
"619
'.. r
\Fire Stn. #2 4.
Loch Lomond Rd
\W. E. Kelly Ltd
.
\Glen Rd & Main 5.
St
Sanitary Sewer
I 'Grandview Ave
Storm Sewer
Road Const.
\Johnston Const.
I
Tender accepted
\ Keystone Print-
ing
tourist litera-
l ture
.
I
Stimulation
Grant
Marsh Creek
\ Flood. Control
Proj ect
\ North/South
Arterial
.
I
Sign
,Neon Products
Ltd
'Lancaster Mall
I
Union
Local 18
.
\ Union
Local 18
.....
Fire Station No. 2 Loch Lomond Road
W.E. Kelly Ltd.
Construction
Original estimated value of contract
Total work done, Estimate Number 10
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate
dated March 9, 1981 Final Holdback Release
$ 409,000.00
407,693.20
Nil
398,735.09
Number 10,
$ 8,958.11
Glen Road and Main Street Sanitary Sewer
Grandview Avenue Storm Sewer and Road Construction
Johnson Construction Limited
Original estimated value of contract
Total work done, Estimate Number 3
Retention
Payments previously approved
Sum recommended for payment, Progress Estiamte Number
dated March 26, 1981 Partial Holdback.Release
$ 75,313.00
81,842.85
2,455.27
58,416.46
3,
$ 20,971.12
(Deputy Mayor M. Vincent withdrew from the meeting)
Prior to adoption of the above motion, Mr. MacKinnon provided details of the over-expenditures
involved in the above projects.
On motion of Councillor Gould
Seconded by Councillor Green
" RESOLVED that as recommended by the City Manager, the lower bid received
for printing of two pieces of 1981 tourist literature, namely, those of Keystone Printing and Lithographing
Limited, be accepted.
Councillor Elliot stated that are Questions he would like answered prior to acceptance of the above
Quotations.
On motion of Councillor Elliot
Seconded by Councillor A. Vincent
RESOLVED that the above matter be laid on the table until the next
meeting.
Question being taken, the tabling motion was carried.
(Councillor Gould withdrew from the meeting)
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager advising that on September
15th, 1980 Council approved execution of a stimulation grant agreement with the Province of New Brunswick in
the amount of $300,000 vhich was to cover the Provincial share of expenditures anticipated in the 1980-81 fisal
year on the Marsh Creek Flood Control Project, however, as these expenditures have been delayed, the Province
is reQuesting an amendment to the Agreement to change the amount from $300,000 to $200,000, and the project
from "Marsh Creek Flood Control Program" to "Assistance in the Purchase of Properties for the North-South
Arterial Highway"; further advising that this change is being made in order for the City to receive funds from
the Stimulation Grant Program in 1980-81, the apportionment towards the capital expenditures for property
aCQuisition on the North-South Arterial is in accordance with the Province's. commitment to assist the financing
of the City's capital program through the Stimulation Grant Program -- be received and filed and authority be
granted for the Mayor and Common Clerk to execute the amendments reQuested by the Province.
In response to concerns expressed by Councillor Wayne, Mr. Barfoot gave a detailed explanation of the
change in the said Stimulation Grant Agreement. He stated that there are three major projects to be completed
under the Marsh Creek program, one being the Marsh Bridge reconstruction (Which is being tendered by the
PrOVince); second, is the aCQuisition of land and dredging of the forebay and again those expenditures cannot
be made until payment is made for the forebay; and the third program are smaller programs in the area of Mystery
Lake and Kelly Lake, and to his knOWledge those projects will be done this summer. Councillor Wayne stated
that she will support the changes if she is given assurance that the Marsh Creek program will be completed by
March 31st, 1982, as contained in the agreement with the Province. Mr. McDermott stated that there is always a
chance that the Province will extend that date in the future, as they have done in the past.
(Councillors Gould and M. Vincent re-entered the meeting)
,On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the joint letter from the City Manager, Commissioner of
Community Planning and Development, and Deputy Commissioner of Community Planning, advising that Neon Products
Ltd., on behalf of Cambridge Leaseholds Ltd., has reQuested permission to "erect an illuminated, double-faced
pole sign adjacent to one of the entrances to Lancaster Mallon Fairville BoUlevard; further advising that
since the original development did not indicate the sign now being proposed, it appears necessary for Common
Council to approve an amendment to the plan so as to permit the placement of the sign; and recommending that
Common Council approve the erection of an illuminated pole sign approximately 12 feet by 15 feet, and having a
height of about 35 feet, to be situated adjacent to Fairville Boulevard -- be received and filed and the
recommendation adopted.
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager, submitting a response to
the wage proposal of Local 18,c.u.P.E., be received and filed.
On motion of Councillor A. Vincent
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager submitting an analysis of
the monetary benefits covering the 1979-80 contract with Local 18, as well as an analysis of the proposed
monetary benefits for 1981-82, which letter had been forwarded to the Council members as an information item,
be received and filed and made public at this time.
620
\
S.J. District Labour
Council
Emergency Measures
By-Law
\
\
Traffic By-Law
\,
Moosehead Breweries
Prospect St
\
\
Union
Local 18
.Arbitration
"
Non-union employees
strike
\
Loyalist Days Inc.
,St. Peter's Park
,Minglewood concert
"
Glen Campbel~
Gran t
,
S.J. Council of Wome
Grant
(motion lost)
S.J. Council of Wome
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that the submission of the Saint John District Labour
Council regarding the Emergency Measures By-Law be referred to the City Manager for a report to Council
within two weeks.
(Councillor A. Vincent withdrew from the meeting)
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the "by-law. entitled, "A By-Law to Amend A By-Law
Respecting Traffic On Streets In The City of Saint John"Made Under the Authority of The Motor Vehicle
Act, 1973, and Amendments Thereto", be read a third time and enacted "and the Corporate Common Seal
affixed thereto.
Noting that the amendment,'presently before Council is different from that considered during
first and second readings, in that the original reQuest from Moosehead Breweries Ltd. asked that Prospect
Street between Church Avenue and Hill Street be made two-way, while the amendment refers to Prospect
Street between Church Avenue and Collins Street, Councillor Knibb.asked that this change be explained.
Mr. Rodgers stated that the amendment presently before Council reflects staff's recommendation which was
previously adopted by Council, and that"the previous amendment referred to was" incomplete. Mr. MacKinnon
confirmed that the present amendment reflects the policy previously recommended by staff and adopted by
Council.
The by-law entitled, "A By-Law to Amend A By-Law Respecting Traffic On Streets In The City of
Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto" was read in
its entirety prior to adoption of the above resolution.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that a recommendation from a Committee of the Whole
meeting held this. date be added to the agenda and considered at this time.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that the Common Council of the City. of" Saint John is
hereby opposed to binding arbitration in the present dispute between the City of Saint John and C.U.P.E.
Local 18 and that the New Brunswick Minister of Labour, The Honourable Mabel Deware, be so informed.
Read 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 begs leave to report that it sat on March 23rd, 1981 when there were present
Deputy Mayor M. Vincent and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum and A.
Vincent, and your Committee submits the following recommendations, name1y:-
1. That as recommended by the City Manager, all non-union employees who. have worked or will work
during th"e duration of the current strike of C.U.F.E. Local 18 workers, in excess of their normal work
week for the purpose of performing work outside of their ordinary and usual "duties., receive extra
compensation based on one and one-half times their regular rate.
2. That the following reQuests of Loyalist Days Inc. be granted, namely: the use of St. Peter's
Park for a Minglewood concert on Saturday, July 25th; transport" and el-ectstage loaned by Exhibition"
Park;" provide a cover" for the "stage; provide and remoVe mobile comfort stations; and dismantle the stage
on Saturday evening, transport it to Exhibition Park, and re~erect it for Sunday afternoon concert:
"" AND FURTHER that the following reQuests of Loyalist" Days Inc. be granted regarding a performance
by Glen Campbell and his Las Vegas troupe, to be held at Exhibition Park on Sunday, July 26th, namely: a
grant of $25,000.00 ~n U.S. funds to Loyalist Days Inc.; erect stage "on Sunday morning, July 26th;
- bleachers from City parks to be delivered and erected Sunday morning; and setting up and removing of
2,000 chairs.
3.
regarding
from June
That the reQuest of the Saint John Council of Women for a grant in the amount of $1,000.00
the annual conference of the National Council of Women of Canada, to be held in Saint John
7th to 11th, 1981, be denied.
Saint John, N. B.,
30th March, 1981.
Respectfully submitted,
(sgd.) M. A. Vincent,
Chairman.
On motion of Councillor MacCallum
Seconded by Councillor Wayne
RESOLVED that section 3 of the" above report be reJected:
AND FURTHER that the reQuest of the Saint John Council of Women for a grant in the amount of
$1,000.00 regarding the annual conference of the National.Council of Women of Canada, to be held in
Saint John from June 7th to 11th, 1981, be granted.
~
.
I
I
.
//
I
.
I
I,
councfllor Wayne noted that the City's policy is to sponsor a dinner for national conferences,
and stated that the Council "of Women has never been refused such sponsorship in any city in Canada where
the national convention has been held. Councillor MacCallum also spoke in favour of the said request,
noting that this organization is completely voluntary. .
Question being taken, the motion was carried with Councillors Knibb, Landers and M. Vincent
voting "nay".
....l
II"""
,6.2.1
.
Loyalist Days
'"
I
Non-union
, employees
I
Strike
.
Plan. Adv. Com.
, Stanley Stein
Z.oning By-Law
I
Plan. Adv. Com.
"Sterling Invest
ments Ltd
11 0 Metcalf St
re-zoning
Mun. Plan. By-L
\ peti tioD
.
Land Committee
389lz Lancaster
Street
'DougIas Middlet
I
S.J. Transit
" Commission
I
Rodeo East
" appointments
Counc. Denton
programme
Rodeo East
.
lIII....
On motion of Councillor Gould '
Seconded by Councillor Landers
RESOLVED that section 2 of the above report be adopted.
Councillor Landers noted that the $25,000.00 grant to Loyalist Days Inc. is to be returned to the
City from ticket sales, and stated he feels the proposed action is a progressive step on the part of Common
Council to improve the annual Loyalist Days celebrations. Councillor Wayne stated she is not in favour of the
City becoming involved in entertainment, and she will not support the recommendation. Councillor Green spoke
in favour of the proposal which he fels will have several indirect benefits to the City. Councillor Elliot
noted that any deficit in this regard will be absorbed by Loyalist Days Inc.
Question being 'taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Green
Seconded by Councillor Denton
RESOLVED that section 1 of .the above report be adopted.
Councillor Wayne stated that while all Council members are in favour of compensating management staff
for their efforts during the present strike by the City's outside workers, she feels the timing for such
approval .is wrong as it will not do anything to help our negotiations with the Union. Councillor Landers spoke
in favour of the recommendation and made reference to the excellent job done by management staff under these
conditions. Councillors Denton, Green and M. Vincent also spoke in favour of the recommendation. The Mayor
stated that while he agrees such staff should be paid, he too Questions the timing of such approval, which he
feels will be counter-productive in bringing both sides together in the present labour dispute. Councillor
MacCallum concurred with the comments of the Mayor and Councillor Wayne.
Question being taken, the motion was carried with the Mayor and Councillors Knibb, MacCallum and
Wayne voting "nay".
(Councillor Gould withdrew from the meeting)
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that. the letter from the Planning'Advisory Committee advising
that in the latter part of 1979, Mr. Stanley Stein, solicitor, was retained to undertake a review of the City's
Zoning By-Law and in the first part of 1980,. the Planning Advisory Committee held a number of meetings to
review Mr. Stein's findings, and while the Committee resolved some of the general and specific policy issues,
it became apparent that the Committee would have to spend a great deal more time on the project before it could
submit recommendations to Council; and further advising that in view of the Committee's limited expertise in
dealing with such a complex topic, it is nOW felt that all of Mr. Stein's work should be turned over to staff
for analysis and while the Committee does not expect staff to produce a new by-law, it is hopeful that it will
bring forward to the Committee from time to time various suggestions as to how the Zoning By-Law can be improved,
taking into consideration the recommendations that have been put forward bY,Mr. Stein, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the letter from the Planning Advisory Committee regarding
the application of Sterling Investments Ltd. for rezoning and Municipal Plan amendment regarding property at
110 Metcalf Street, which application was" tabled at Council's meeting of March 16th last pending a report and
recommendation of the Planning Advisory Committee, submitting a copy of the staff report in this regard, and
advising that the Planning Advisory Committee recommends that the application not be approved -- be received
wand filed and the recommendation adopted.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED tpat the petition from area residents in opposition to the
proposed re-zoning of 110 Metcalf Street, be received and filed.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 389 1/2 Lancaster Street (Lot 642, Brooks Ward) to Mr. Douglas
Middleton for the price of $3,200.00. .
n
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the annual report of the Saint John Transit Commission
for 1980 be received and filed.
Councillor Elliot referred to the marked progress in the transit system following the first full year
of operation of the Transit Commission, most notably increased ridership, extended services, and a better
financial return than had been anticipated at the time of budget preparations.
On motion of Councillor Wayne
Seconded by Councillor. Elliot
RESOLVED that the proposed appointments to the Rodeo-East Saint John
Committee, be referred to the Nominating Committee for a report at the next meeting of Council.
Councillor Denton read a prepared statement regarding the progress of programmes for Rodeo-East Saint
John, and its related activities, which outlines several of the programmes to be held in conjunction with the
Rodeo. Councillor Denton announced that the $5,000.00 Common Council previously authorized for early promotion
of Rodeo East activities is now not needed due to early sponsorship of the main professional evetns. He also
submitted information on the calendar projection for Rodeo-related events.
(Councillor Landers withdrew from the meeting)
..' 622
"
\ Rodeo Eas t
'\
Mike Landers, M.P.
Community Services
'Contribution Program
Minister of Housing
"Joan A. LeGassie
Rodeo East
Brookville &
\ Torrybury Assoc
\
pits & Quarries
Study Committee
\
Human Developm~nt
Council
Saint John Youth
\ Proj ec.t
\
S.J. Construction
Assoc. Inc.
'contracting out of
municipal services
On motion of Councillor Wayne
Seconded by Councillor.Knibb
RESOLVED that the above submission of Councillor Denton and the .
calendar projection for Rodeo-related events, be received and filed.
On motion of Councillor M. Vincent
Seconded.by Councillor"Wayne
RESOLVED that the letter" from Mr. Mike Landers, M.P.; submitting
information regarding the decision to terminate the Community Services "Contribution Program, be received
and filed.
Councillor Elliot suggested that in view of the above change in policy on behalf of the Federal
Government, the City should establish dialogue with the Provincial Minister of Housing to determine what
is envisaged at that level.
(Councillor Landers re-entered the meeting)
On motion of Councillor Wayne
Seconded by counciilor Denton
RESOLVED. that the letter from Joan A. LeGassie, 124 Duke Street,
objecting to the City's participation in the Rodeo East project, be received and. filed:
On motion of Councillor Wayne
Seconded by Councillor MacCallum
" RESOLVED that the letter from the" Brookville and Torryburn
Association regarding a study which was being conducted by the Pits "and Quarries Study Committee in 1980,
asking if any controls are being proposed in light of the many complaints Council and the Police Depart-
ment has received from the residents of this area, be referred to the City. Manager for a report and
recommendation at the next meeting of Council.
On motion of Councillor Elliot
Seconded by Councillor Denton"
RESOLVED that the letter from the Human Development Council
regarding appointment of a committee regarding the Saint John Youth" Project, be referred to the Nominating
Committee for a report at the next meeting of Council. "
On motion of Counciilor Wayne
Seconded by Councillor Green
. RESOLVED that permission be granted for the Saint John Construction
Association Inc. to appear at the next meeting of" Council to present their views on" contracting out as
reQuested hy Local 18 in their negotiations with the City.
At the reQuest of the City Manager, the Council members agreed to meet with Mr. Carmen Kilburn
, of the N. B. Police Commission, on Tuesday, April 21st.
N.B. Police Commissio
LEGAL
S E S S ION
Counc. Wayne
Union, Local 18
l
Prior to the regular meeting, the Council met in Legal Session when there were present Mayor
Lockhart and Councillors Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and
Wayne.
Councillor Wayne advised that she has received a letter from a solicitor representing Local No.
18, C.U.P.E., and that she has retained legal counsel in this regard.
On motion
The.meeting adjourned.
")!;7;L
e0k
Common
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixth day
of April, A. D. 1981, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb", Landers; MacCallum,
A. Vincent, M. Vincent and Wayne
and
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, M. Zides, Commissioner of Community Planning
and Development, M. Winch, Deputy Commissioner" of Community Planning,
S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel, Deputy Com~
missioner of Works, "J. F. Ross, Chief of Police, P. Clark, Fire Chief,
C. E. Nicolle, Director of Recreation and Parks, J. Brownell, Assistant
Director of Recreation, D. French, Director of Personnel, J. Johnson,
Building Inspector, and K. Galbraith; Administrative Assistant to the Mayor
Councillor Denton offered the opening prayer.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
on March 30th last, be confirmed.
I
I
.
I
.
I
,I
.
~
,....
623
-;. ~....
. Union
Local I8
Working Agree-
ment
I
Dept. of Labour
John Roushorne
Gerry Lowe
negotiations
1-
.
I
.
Local 18, staff
& Councillors
to meet monthly
1
I
Local 18
Establishment
.
lIlo...
On motion of CoUncillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the matter regarding ratification of a collective
agreement between the City and Local #18, C.U.P.E., be added to the agenda and considered at this time.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the Common Council approve the 1981-82 Working Agree-
ment between the City of Saint John and Local #18, C.U.P.E. under the terms and conditions as outlined in the
attached Memorandum of Settlement, Schedule "A" and Appendix "A", and it be subject to approval by the City
Solicitor as to legality. and form, and authority be granted for the Mayor and Common Clerk to execute the said
Agreement. on behalf of the City.
Reading from a prepared statement, Councillor Wayne stated. that although everyone is pleased to have
the Local 18 workers back to work, there are a lot of unanswered Questions regarding what has taken place
during the past week. She stated that apparently one week ago. the services of Mr~ John Roushorne of the
Provincial Department of Labour were offered to the City as an independent mediator in the contract dispute but
it is her understanding that Local 18 refused this offer; a few days later Mr. Gerry Lowe, a Union representative,
unauthorized by Council, made himself a self~appointed mediator and interfered with the City's negotiations
without any objections whatsoever from Local 18, which was a deviation from the proper labour management process
of collective bargaining set up in this Province. She stated that this back-door, unorthodox approach will have
a detrimental effect on the bargaining procedure for negotiations with our other Locals which are presently
underway. Councillor Wayne stated it is imperative tonight if the proper labour bargaining process as laid down
for collective bargaining is to continue, that steps be taken to stop any such further interference and that
any mediator involved in our negotiations be an independent person, wholly impartial on both sides. Referring
to the bonus to be paid to Local 18 members as part of the contract settlement, Councillor Wayne Questioned
what the bonus is for, and stated that as a Councillor she has looked at the short-term and long-term i~terests
of the citizens and City in "what will happen if this proposal is adopted. She referred to a document received
from the Commissioner of Finance in October 1980 warning that if the City did not stay within its guidelines,
the City could possibly in the near future have to enter into what is known as partnership budgetting with the
Province, which in "essence means the Province takes over the City. She asked how it is proposed to make up the
deficiency in funds as a result of this settlement, which substantially exceeds the guidelines and amount
budgeted for, either by laying off employees or cutting back on services to the public. She asked that Council
turn this proposal down and turn the matter over to the proper body for negotiating.
Councillor Elliot also read a prepared statement which referred to. the policy adopted by Council in
the fall of 1980 whereby all negotiations were to be the respon~ibility of its appointed negotiating team and
secondly, individual Councillo~s were not to be involved directly in the negotiating process, which policy was
adhered to until last week when certain members of this Council either through direct or indirect contact with
certain members of the Union's negotiating team, and without informing the City's negotiating team, compromised
the City's position, putting the City's negotiating team that had acted as directed by Council, into an almost
impossible situation; not only did certain members of Council become involved in dialogue with certain members
of the Union's negotiating team about possible wage settlements contrary to the Council pOlicy, a conciliator
appeared on the scene, and he can only. assume this was done at the reQuest or with the approval of the Councillor
or Councillors involved. Councillor Elliot referred to apparent commitments made to the Union through the
conciliator, of which,the City's negotiating team had no knowledge. He stated he feels the contract proposal
approved by Council in Committee of the Whole on Friday, and approved by the Union last night, is somewhat
higher than it would have been had the negotiating team been permitted to carry out its responsibilities which
is a matter of concern to him. He also expressed his concern that the fact that Council's corporate status has
been affected adversely when individual members of Council, acting without Council approval, initiate procedures
that have long-term and undesirable complications and implications for the City, which concern gives rise to
the following questions: What action if any can Council take when an individual Councillor initiates policy
that does not have the support of, or may be prejudicial to, Council's wishes and policy? What support can the
City's" negotiating team and/or management groups, expect from a Council when they follow out and implement"
Council's directions? What can the citizens expect from Council with respect to the following of accepted"
policy procedures in contract negotiations with its other Unions and in other business matters? Councillor.
Elliot stated that although he and other Councillors were given partial information on Thursday morning concerning
some of the private discussions already held by the Union negotiator and a Councillor or Councillors, he feels
that Council had already been compromised and destroyed by those who had violated our established policy. He
stated that negotiations represent compromise but that negotiations do not represent the back-door approach
which breeds mistrust and distrust and lack of respect for constituted authority.
Councillor A. Vincent noted that when the third party was asked to come "into negotiations, no one had
given him any proof that any members of the City's negotiating committee violently objected. He stated he
would like to make it clear that there was no suggestion in Committee of the Whole that there was any interfer-
ence or objection from the City's negotiating team. He stated he has no misgivings about what Council has to
do and he suggested that the Mayor set up a joint committee with no authority, consisting of Council members,
staff and representatives of Local 18, to meet informally once a month, to see if improvements in productivity
could be made. Councillor A. Vincent expressed his support for the settlement with Local 18.
In reply to a Query of Councillor Gould if the contract settlement is beyond the City's current
budget, Mr. McDermott advised that as contained in a letter distributed to Council in Committee of the Whole
last week, the problem "will arise in 1982 and he feel~ that, with additional productivity and with severe cost
cutting that the City can live with the settlem~nt. He stated that ways in which this will be accomplished are
presently under consideration. In reply to a further Query of Councillor Gould, Mr. McDermott stated that we
will be starting a productivity council made up of representatives of the Union and management, middle-manage-
ment will be "beefed up"; and we will be increasing training in .cost cutting among our supervisors, and that
the matter of cutting back on the present number of employees will be .looked at very carefully and an answer
will be forthcoming in a couple of weeks time. Councillor Gould inQuired if there are any clauses in.the
proposed agreement with Local 18 which would prevent a reduction in the number of employees. Mr. Gerald Lawson,'
chairman of the City's negotiating committee regarding Local 18; advised that there is nothing in the proposed
agreement that relates "to the number of employees - the establishment is not generally negotiable and is
determined by Council. Councillor Gould asked if there is any clause in the proposed agreement which would
indicate job security that will prevent any changes in the establishment. Making negative reply, Mr. Lawson
stated. that the only provision relating to job .security that was changed.in .the course of negotiations related
to the so-called "job security" provision which does provide, as it had in the past, that permanent or established
employees could not be laid off as a result of contracting out and the only change made during negotiations was
to the list of permanent and established employees were added long-term:temporary employees who have been with.
the City more than five years. Councillor Gould stated that his concern is that the settlement will result in
the City being over the approved budget, and he would like assurance that if it reQuires cutting back the
number of employees or programs, that such will take place. Mr. McDermott gave affirmative reply.
"624
"
Policy of Council
Union, Local 18.
Negotiations
"-
S.J. Construction
Association
rre contracting out
of municipal service
Councillor Green expressed his concern with the manner in which a settlement was reached with
Local 18, and noted that Council had agreed to stay out of negotiations until the negotiating committee
had reached a tentative settlement. He referred to the guidelines of the Province for an increased
budget for the City of only 10 1/2% for 1981 and suggested that representations should be made by Common
Council to the Provincial Cabinet to have" such limit increased. He" also expressed his concern with
cutbacks which will have to be made by decreasing casual and student employees as a result of the pro-
posed contract settlement.
Councillor Elliot asked what action if any Council can take when an .individual Councillor, or
Councillors, initiates a policy which does not have or has not been approved by Council. Mr. Rodgers
replied that there is no law governing the activities of individual Councillors delving into what could
evolve into Council policy. He stated the control that Council has is that Council makes the final
decision as a collective body at a duly constituted public meeting. Councillor Elliot stated that
sometimes Councillors by their action prejudice Council as a decision-making body.
Discussion ensued regarding events of the past week relating to the proposed settlement, during
which Councillor Elliot noted he was advised that there was a possibility of a settlement of 14% and 14%,
however, fOllowing calculations he found the settlement exceeds those amounts. He stated he was advised
by Councillor Landers during a telephone conversation that figures discussed would be processed through
the City's negotiating committee, and what" is bothering him is the fact that the negoti"ating committee
did not have full knowledge of the proceedings. The Mayor related proceedings which lead up to the
proposed settlement with Local 18 and noted that following information brought back by CoUncillor Landers,
it was attempted to determine Council's receptiori if such an offer was forthcoming and before the figures
were dealt with, a majority of the Council members. co?cu:red, and it was on that basis that the negotiating
team was empowered to go back to the bargaining table, and following a negotiating session he was advised
that there were two issues outstanding following that session, and at that point with the assistance and
concurrence of the City Manager, he attempted to narrow the two items and was able to do that by the time
the negotiating team arrived back at City Hall; on that basis it appeared that we had the basis ofa
series of agreements on individual items which the negotiating committee could take to Common Council,
which was done and adopted by Council in Committee of the Whole by majority vote on Friday, April 3rd.
He stated he does not consider that a departure. from established policy.
Councillor Denton stated he is pleased the man have returned to work but at "the same time he
has concerns regarding the settlement, as to what damage has been done to the City's negotiating team
regarding present negotiations with the Police and Fire Unions," and the affect such settlement will have
on the "1962 budget. He stated that the productivity of the workers has to be reviewed immediately.
Councillor Knibb stated he is disappointed that the Council is now bickering over the settlement and .he
would wish goodwill to Local 18. He stated he hopes Council will be united as it faces negotiations with
the Fire and Police Unions. Deputy Mayor M. Vincent "stated he has taken into consideration the benefits
and problems to the City during "the past eight weeks .of the strike by Local 18, "and what would happen in.
the future if the strike "continued, both to the citizens and the City, and Dearing that in mind, and an
. assessment of .the cost to the City, "he will support the recommendation and would ask "that Council approve
the. settlement, and if so, that the decision "then be made a unanimous decision. Councillor MacCallum
referred to the agreement by Council that Councillors wouid not interfere in negotiations ."and he suggested
if:airiiediat.orflhad been going to be appointed and there was to be a "radical increase in the offer, that a
special meeting of Council should have been convened. He also expressed""his concern that negotiations
were conducted in the absence from the City of the negotiating committee chairman; and stated he feels
Council has destroyed the credibility of the negotiating team and senior staff." CoUncillor MacCallum
asked "if the Commissioner of Finance would "explain to Council the effect "of this settlement on the 1982
budget programs and advise whether there will be necessary reductions in such "programs. "Mr. "Park replied
that it is Quite apparent that the capital programs being considered or under way which bring the City in
the position that fis~al services "would absorb an ever-increasing proportion ,of the budget which would
mean "that the funds available for normal operating programs would have to be released in part to pay for
fiscal services, which would mean less for operating'programs. He noted that this projection was made on
the assumption that wages would not be "taking any greater proportion of the budget than they.had in the
past and because the "Province had placed a spending.~imit of 10.5% above the 1980 level, .that percentage
was assumed to be the maximum rate for any wage or salary increases or employee benefits for 1981. He
stated that the City "has to try to project what the "effect will be in 1982 and as the report given to
Council last Friday will show, between fiscal services and the wage increase for 1982, "there. will have to
be some cutback in operating programs in order to provide the available funds to pay the proposed rates
of pay.
"Councillor Landers outlined in detail events of the past week which resulted" in the proposed
settlement with Local 18, and on his involvement, and the involvement of Mr. Gerry Lowe, in the pro-
ceedings. He noted that .the proposal was discussed with senior staff and with numerous members of
Council before the two "parties "met again at the bargaining table. He stated that he had been unaware
that the floater holiday had previously been agreed to by both parties; which resuits in the settlement
being over 14%. He noted that if the majority of Council had "not been in agreement, the matter would not
have proceeded. "Councillor Landers expressed his support for the proposed settlement.
Question being taken, the motion was carried with Councillors Green, MacCallum and Wayne voting
"nay".
the above
must rule
.Councillor A. Vincent proposed a motion, which was seconded by Deputy-Mayor M. Vincent, that
decisi~n be made. unanimous. The Mayor stated that following advice from the City Solicitor, he
the proposed motion out of order.
At this time, Mr. "William Gillespie, President of the "Saint John Construction Association," read
a prepared presentation regarding the matter of "contracting out" as presented in a "brief to Common
Council by the Canadian Union of Public Employes, Local 18, On February"2nd; The presentation notes. that
the Association "had no intention of interfering "in the bargaining process "between the City of Local 18
until they were made aware of Article 26; their Objections should not "be perceived as being anti-union
because in fact their "on-site contract6r'memb~rs are unionized. The brief from the Construction Associa-
tion states that although the Association intends to respond to C.U.P.E. 's brief in total at a later
date, they would ask Council if in fact the Article 26 as outlined is a part of Local 18's settlement,
and notes that if.any restriction On contracting out is in the collective agreement, the 155 members of
the Association wish to make a strong "recommendation to Council that contracting out not be restricted.
The brief suggest "that the inclusion of any such restriction, which would prevent their members and
subseQuently their unionized employees, from working. on projects "of the City of. Saint John, would also
contravene regulations governing grants for capital expenditure, which the City receives from the Federal
and Provincial Governments. " "
Mr. Gerald Lawson advised that he believes that the proposed section Quoted in the brief from
the Construction Association may have been presented by Local 18 during the course of negotiations, but
the actual terms settled on were different from that, and as mentioned earlier in this meeting, were
.
,1
I
.
I"
.
1
I
.
.....
,...
.
.~"~ 1>> 2 5
.
S.J. Construc-
tion Assoc.
1
\
Donald Williams
Salvage Corps
, & Fire Police
I Brookville &
, Torryburn Asso
,Pits & Quarries
.
Tenders accepte
,tourist Ii tera-
ture
Keystone Print-
ing & Lithogra
Limited
I 'Market
\Lease
Harold & Pearl
Lord
\ Marvin Hunter
\ The Globe
. newspaper
Agreement
,
& Mai
boxes
I
I
.
Street closing
By-Law
Hazen Street
.....
precisely the same as the previous clause, with the exception that the protection of that clause has been
extended to long-term temporary employees who by definition are employees with more than five years service
with the City, which clause should not impair the activities of the Construction Association.
Mr. Pat Darrah, Executive Director of the Saint"John Construction Association, stated it was not
their wish to interfere in the City's bargaining process, but they are appreciative of the above response to
their concern. In ensuing discussion, Mr: Darrah advised that the Construction Association will be responding
in detail to the brief presented to Council on behalf of Local 18 as it reflects on the construction industry.
The Mayor thanked Messrs. Gillespie and Darrah for their presentation.
(Councillor Denton withdrew. during the foregoing presentation)
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the City Manager and Fire Chief, reQuesting
that a warrant be issued to Mr. Donald Williams, a newly-elected member of No.2 Company Salvage Corps and
Fire Police, be received and filed and the reQuest complied with.
On motion of Councillor Knibb
Seconded by Councillor Elliot
RESOLVED that the letter from the City Manager regarding the reQuest
from the Brookville and Torryburn Association with respect to regulations governing the operation of gravel
pits and quarries, reporting on the progress of the review of regulations and procedures for gravel pits and
quarries, and. advising that once the review has been completed. it will be submitted to the Planning Advisory
Committee as soon as possible, and when further information is available Council will be advised, be received
and filed.
Councillor Wayne asked that staff ascertain if it is possible to have tarpaulins placed on the
trucks using the Quarry at Brookville pending completion,of the above study. Councillor A. Vincent noted that
this is a Police Department matter.
(Councillor Denton re-entered the meeting)
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that as recommended by the
received for printing of the City's 1981 tourist literature, namely, those
graphing Limited, be accepted.
City Manager, the lowest bids
of Keystone Printing and Litho-
hing
On motion.of Councillor Wayne
Seconded. by Councillor Green
RESOLV~ that the. joint letter "from the City Mana~er, Commissioner of
Engineering and" Works, and" Deputy Commissioner of Works, advising that Council previously approved the rentals
of Stalls 4 and 5, Counters E-l and E-3 in the City Market to Harold and Pearl Lord, however, due to ill
health the Lords are forced to relinQuish their space; and recommending that Council approve the rentals of
Stalls 4 and 5, Counters E-l and E-3, consisting of 826 sQuare feet, to Mr. Marven Hunter of Lords Lobster
Limited, for the sum of $240.92 per month on a month to month basis -- be receiv~d and filed and the recom-
mendation adopted:
AND FURTHER that Common Council resolution of February 9th, 1981 which authorized the rental of the
said space in the City Market to Harold and Pearl Lord, be rescinded.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that the joint letter from the City Manager, Commissioner of
Community Pianning and Development, and Deputy Co~issioner of Community Planning, regarding the reQuest by
The Globe and Mail to place twenty-five newspaper boxes on streets and public areas, recommending that Common
Council authorize The Globe and Mail to place newspaper boxes on streets, subject to the newspaper entering
into an agreement with the City which shall provide, amongst other matters, for the following:-
(1) The location of every box shall be approved by the Commissioner of Engineering and Works. Notwithstanding
any approval(s) given, the Commissioner of Engineering and Works may reQuire that a box be removed providing
reasonable notice is given. In the event the box is not removed, the City shall have the right to remove the
box. When the box has been removed, the newspaper shall be entitled to a pro-rated refund of the annual fee.
(2) Each box shall be maintained by the newspaper in a state of good repair and be kept neat, clean and rust-
free.
(3) No box shall contain any advertising other than the name of the newspaper being sold.
(4) The newspaper shall lodge with the City an insurance policy with an insurer acceptable to the City in an
amount of at least $300,000 indemnifying and saving harmless the City from all liability by reason of the
placing or maintaining of such boxes.
(5) The newspaper shall pay to the City the sum of $10.00 annually for each box that is placed on a street,
and in the event it voluntarily removes a box it shall not be entitled to a refund of the annual fee.
(6) Upon or prior to the annual anniversary of the'date of the" agreement the reQuired fee shall be paid to the
City.
(7) The agreement will be for one year and thereafter continue from year to year but may be terminated by
either party giving notice to the other not less than 30 days prior to the date of such automatic renewal.
-- be received and filed and the recommendation adopted, and that the Mayor and Common Clerk be authorized to
execute the necessary agreement in this regard.
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the "By-Law
of Highways in The City of Saint John Made Under the Authority of
R.S.N.B. 1973", with respect to closing of the following portion of
Respecting the
Section 187 of
highway:_
Stopping Up and Closing
the Municipalities Act,
'6~6
"
Street Closing By-law
Hazen Street
,
Land Committee
Police Station
Fire Station
Courthouse
Goal
\
Street Closing By-Law
King Street
MunicipaI Plan By-Law
Woodlawn Park Subd.
Daviq M. Lunney &
Associates
Municipal Plan By~Law
Woodlawn" Park Subd
David M. Lunney &
Associates.
re-zoning
Woodlawn Park Subd
David M. Lunney &
Associates
Hazen Street"- Beginning at the intersection of the northern sideline of Hazen Street and the south-
eastern sideline of Station Street" and. proceeding in a southeasterly direction along the northern s
sideline of the said Hazen Street" three. hundred" (300') feet or until it reaches it eastern termination
point; thence in a .southwesterly direction sixty (60') feet or until it intersects the southern sideline
of the said Hazen Street; thence in a.northwesterly direction. along the last mentioned sideline one
hundred and sixty two (162') feet or until it" reaches the northeastern corner of the lot known as civic
number 126 Station Street; thence in a northern direction parallel with the southeastern sideline of the
said Station Street twelve (12') feet; thence.northwesterly parallel with the northern sideline of the
said Hazen Street one. hundred (100'")" feet or until it intersects the southeastern sideline of Station
Street; thence northerly along the last mentioned sideline thirty five (35') feet or until it intersects
the northern sideline of Hazen Street, the aforedescribed portion .of highway being shown on a plan on
file in the office of the COmmon Clerk of the said City of Saint John."
_ be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to Amend the By-Law Respecting the Stopping Up and Closing of
Highways in The City of Saint John Made Under the "Authority of Section 187 of the Municipalities Act,
R.S.N.B. 1973" was read in-its entirety prior to adoption of" the above resolution.
(Councillor Landers withdrew from the meeting)
. On motion of Councillor Knibb
Seconded by Councillor A. Vincent
" "RESOLVED that the letter from the" Land Committee, advising
that the former Police and Fire stations, Gaol and" County Courthouse and Tourism building have been
conveyed" to the Province of New BrUnswick and as part of the negotiations. for this conveyance the Pro-
vince was to obtain a portion of King Street East, shown as Part "X" on a subdivision" plan of the property;
and recommending that the portion of King Street East shown as Part "X" on the subdivision plan, which is
being closed by Council", be deeded to the. Province of New Brunswick for the sum of $1.00 -- be received
and filed and the "recommendation adopted.
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the by-law entitled, "A Law to Amend the By-Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of
Section 187 of the Municipalities Act, R.S.N.B. 1973", with respect to closing of the following portion
of highway:-
King Street - that portion lying on the southern side and located.between Sydney and Carmarthen Streets,
more fUlly described as follows:
Beginning at the intersection of the northwestern corner of Lot 80-3 with the southern side of King
Street as now exists (1981), said point having New Brunswick grid co-ordinate values of Easting 334
855.099 meters and Northing 663 .815."879 meters.. Thence in a westerly and northerly direction following
the various courses of King Street as now exists on a New Brunswick grid azimuth of two" hundred fifty six
degrees (2560) twenty seven minutes (27') twenty seconds (20") a distance of twenty nine and seventy one
hundredths meters (29.Tlm) to a point. " Thence on an aZLmuth of three hundred forty five degrees (3450.)
fifty four minutes (54') ten seconds (10") a distance of five and thirty three hundredths meters (5.33m)
to. a point. "Thence on an azimuth of two hundred fifty five degrees (2550) forty five minutes (45') zero
seconds (00") a distance of twenty four and fifty four hundredths meters (24. 54m) to" a point. Thence on
an azimuth of three hundred forty nine degrees (3490) forty eight minutes (48") ten seconds (10") a
distance of r"ive and thirty nine hundredths meters "(5.39m) to the proposed new alignment of King Street..
Thence fOllowing the various courses of the proposed new alignment of King Street an azimuth of seventy
six degrees (760,) "twenty three minutes (23') ten seconds (10") a distance of twenty four and seventeen
hundredths meters (24.17m) to a point. Thence on an" azimuth of ninety five degrees (958) forty five
minutes (45') forty seconds (40") a distance of thirty one and sixty hundredths meters (31.6Om) to the
place of beginning. A tract of land containing an area of 283 sQuare meters and being designated as Part
"X" on a Subdivision Plan, Saint John Jail-Courthouse Complex, City of Saint John, New Brunswick, pre-
pared by Hughes Surveys & Consultants Ltd. on August 1st, 1980, said plan approved by the Development
Officer for the' City of Saint John on August 11th, 1980, approved by the Director of Surveys on August
5th, 1980 as plan #1-NB-903 and filed in the Saint John County Registry Office on August 15th, 1980 as
plan #1091. ""
- be read a third time and enacted and the Corporate Common Seal affixed thereto.
The by-law entitled, "A Law to" Amend the By-Law Respecting" the. Stopping Up and Closing of
Highways in The City of Saint John Made Under "the Authority of Section 187 of the Municipalities Act,
R.S.N.B. 1973" was read in its entirety ;prior to adoption of the above resolution.
(Councillor Landers re-entered the meeting)
On motion of Councillor Wayne
Seconded by Councillor Denton "
RESOLVED that third reading of an amendment to the Municipal Plan
By-Law to amend Schedule 2-A regarding property at Re~Head, as reQuested by David M. Lunney & Associates
Ltd., be laid on the table for one week.
Question being taken, the tabling motion was carried with Counc"illor Knibb voting "nay".
" On motion of Councillor Gould
Seconded by Councillor Wayne
" RESOLVED that third reading of an amendment to the Municipal Plan
By-Law to amend Schedule 9~A regarding property at Red Head, be laid on the table for one" week.
..
Question being taken, the tabling motion was carried with Councillor Knibb voting "nay".
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that" third reading of an amendment to the Zoning By-Law
to re-zone property at" Red Head, be laid on the. table for one week.
.
1
I
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1
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1-
1-
.
....J
,...
,6,2'7
.
Red Head Home
, Owners' Protec
tive Assoc.
Woodlawn Park
\ Subd.
I
I
S.J. Canada
\ Swinner Games
Society
\ Incorporation
.
Property: city-
owned
\ Carmarthen St.
Dept. Supply &
, Services
I
"Land Committee
510 Prospect St
"' L. Linton
. Land Committee
98 St. James St
West
"' Nelson L. Parle
, Streets
, paving
I' Counc. Elliot
" 'Traffic problem
I,carmarthen &
King St. East
, Counc. GouI d
"' Eric L. Teed
~shoPPing centre
regulations
,
"
....
Question being taken, the tabling" motion was carried with Councillor Knibb voting "nay".
On motion of Councillor Denton
Seconded by Councillor Wayne
RESOLVED that the letter from Mr. John Leaver, President of the Red Head
Home Owners' Protective Association, reQuesting that third reading regarding the proposed re-zoning of the
Woodlawn Subdivision be tabled for one week to enable the Association to prepare a brief and present its
objections to the re-zoning, be received and filed and permission be granted for the Association to be heard
at the next meeting of Council.
Read 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 begs leave to report that it sat on March 30th, 1981 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and
Wayne, and your Committee submits the following recommendations, namely:-
1. That the City of Saint John approve the incorporation and by-laws for the formulation of The Saint
John 1985 Canada Summer Games Society, Inc. - La Societe des Jeux d'Ete 1985 de Saint John, Inc., and that the
activities reQuired toward the incorporation of the Society proceeIT forthwith, and that they be completed as
close to April 30, 1981, as possible:
AND FURTHER that 'the Mayor and Common Clerk be authorized to sign the necessary documents in this
regard:
AND FURTHER that the Interim Committee continue with its presen~ activities and sub-committees"to
present a legacy to the Saint John Canada Games Society as a basis from which to continue.
2. That Common Council resolution of March 16th, 1981 regarding sale of the Works Department lot on
Carmarthen Street to the Provincial Department of Supply and Services be amended by deleting reference to the
City of Saint John reserving the air rights to the said property.
Saint John, N. B.,
6th April, 1981.
Respectfully submitted,
(sgd.) A. R. W. Lockhart,
Chairman.
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that section 1 of the above report be adopted.
.On motion of Councillor A. Vincent
.Seconded by Councillor Green
RESOLVED that section 2 of the above report be adopted.
On motion of Councillor A. Vincent
Seconded by Councillor Gould "
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 510 Prospect Street to Mr. L. Linton for the sum of $1,500.00.
On motion of Councillor A. Vincent
Seconded by Councillor Gould
RESOLVED that as recommended by the Land Committee, authority be granted
for sale of the freehold interest in property at 98 St. James Street West (Lots 1084 and 1086, Brooks Ward) to
Mr. Nelson L. Parlee for the sum of $2,200.00.
On motion of Councillor Elliot
Seconded by Councillor Landers
RESOLVED that the letter from Councillor Elliot noting that an examina~
tion of paved streets will show that paving deterioration very freQuently develops where two strips of pavement
meet, be received and filed and that before the 1981 paving program begins, the City Manager be instructed to
research the problem so that this weakness may be eliminated or minimized.
Councillor A. Vincent Questioned whether the City is using the proper type of asphalt in our mainten~
ance programme.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that the letter from Councillor Gould, advising that it has
been brought to his attention that there is a traffic problem at the intersection of Carmarthen Street and
King Street East, while proceeding south on Carmarthen Street, be received and filed and City staff be asked
to investigate this problem and submit a report to Council.
Councillor Gould suggested that the above traffic problem may only reQuire improved lighting or a
lighted crosswalk.
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter "from Mr. Eric L. Teed, Q.C., expressing concern
with the proposal of the Province of New Brunswick whereby the Province would have control over the establish-
ment of shopping centres not only outside municipalities but also within the municipal boundaries, and suggesting
that the City of Saint John, hopefully with co-operation of other municipalities, make strong representation
for what appears to be an unwarranted and unjustified invasion and intrusion into municipal government, be
referred for further study in Committee of the Whole.
628
,Eric L. Teed
shopping centre
, regulations
\
Alton A. Eisner
'Ci ty crest
Loyalist Days
S.J. Building & Con-
struction Trades
" Council
contracting out of
"municipal services
,
St. John Ambulance
Grant
LEG A L
S E S S ION
,
"
"Prior to adoption of the above resolutlon, severa ounCl mem ers expresse agreemen Wl the
comments of Mr. Teed regarding the Province having control over the estabiishment of .shopping centres in
the City, and it was agreed that the matter should be further discussed in" Committee of the Whole prior
to any representation being made to the Provincial Government.
.
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Alton A. Eisner reQuesting
permission to use the City crest on wooden tokens, be referred to the City Manager for discussion with
the City's Bicentennial Committee and Loyalist Days Inc.
I
On motion of Councillor Elliot
Seconded by Councillor Gould
RESOLVED that permission be granted for the Saint John Building and
Construction Trades Council to appear before Council to present a brief regarding contracting out.
On motion of Councillor. Gould
Seconded by Councillor Denton
RESOLVED that the letter from the St. John Ambulance for a grant
from the City regarding rental of the former Beaconsfield Fire Station on Lancaster Avenue, be referred
to the grants committee.
I
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that this meeting continue, in legal session.
(Councillors Gould and A. Vincent withdrew from the meeting)
(Councillor Wayne re-entered the meeting)
.
Lord Beaverbrook Rink Regarding the legal status of the Lord Beaverbrook Rink, Mr. Rodgers reported that the requested
legal opinion from Mr. Hanson is imminent and he would suggest that the letter received from the committee
of citizens of the Lord Beaverbrook Rink should be tabled until such legal opinion is received and con-
sidered by Council.
"-
Committee of Citizen~
of the L.B.R.
"-
Union, Local 61
re incident at dump
site
I
Moncton
LegaI Sessions
,
\
Irving Pulp &"Paper
water rates
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the letter from Mr. Clifford G. Warner, Chairman of
the Committee of Citizens regarding "the Lord Beaverbrook Rink, seeking guidance from the City On future
operations of the Rink for the balance of the year, be laid on the table for one week.
I
Question being taken, the tabling motion was carried.
On motion of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the Saint John Policemen's Protective
Association, Local No. 61, expressing concern about recent.unfavourable comments which appear to be
directed at members of the uniform branch of the Saint John Police Department in relation to a proposal
by the City of Saint John to open two temporary " dump sites in the City on February 28th last, be received
and filed. . "
Mr. Rodgers advised that the above letter was placed in Legal Session due to comments made
about a particular employee, and also as the matters referred to are the subject of an internal investi-
gation and disciplinary charges in the Police Department.
.
(Councillor GoUld re-entered the m~et~ng)
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor, submitting a copy
of Mr. Justice Dickson's decision relating to the "dismissal of the "former Deputy Fire Chief in the City
of Moncton; advising .that it is obvious the City"of Moncton does not have legislation to authorize legal
sessions similar to the authority contained in the City Government Act for the City.of Saint John,
however, he must point out that even though the City of Saint John has legislation authorizing legal
sessions, it does not automatically mean "that decisions made by the Common "Council in the City of Saint
John under that authority would be upheld if it was determined that 'the action was not an appropriate
matter for legal sessions, and that the legislation is designed in particular to establish the sOlicitor/cl
client confidential relationship, and protects the Council from remarks which may be made during the
discussion; and submitting for Council's information a report he submitted to Council, dated February
21st, 1980, in which he outlines his concerns and its possible effect on the Council, if the authority
for legal sessions is abused by discussing matters or making decisions in legal session which do not fall
under a category which affects the" legal liability of the City be received and filed. .
I
I
(Councillor A. Vincent re-entered the meeting)
Messrs. N. Barfoot and D. Wilson were present at the meeting during consideration of a letter
from the City Solicitor regarding the proposed agreement between the City and Irving Pulp and Paper
Limited. Lengthy discussion ensued regarding the various matters raised "in the said letter from the City
Solicitor.
On motion of Councillor.Knibb
Seconded by Councillor Landers
RESOLVED that the letter from the City Solicitor submitting a .
proposed agreement ~etween the City of Saint John "and Irving PUlp and Paper Limited .which has. been drafted
to reflect the negotiations carried .on between the City and representatives of the pape~ company and
commenting on a few changes to the.agreement; advising that he must express serious doubts about the
-~
,
I
I
j
,...
" "629
~.
.
Irving Pulp &
Paper
I
I
.
I
, Deaths
- Thomas H. Gree
, Leas e
\ Market
\ Lloyd Ward
.'Tenders accept
,Fire equip-
ment
, Police Act
I
\
Dog By- L~w
I
.
'Dog By-Law
.....
validity of the agreement in the absence of.appropriate legislation, which are related solely to the existing
law, common and statutory, surrounding the Question of contracts in the public utility field; submitting a
draft of proposed legislation which in the absence of a specific amendment to the Municipalities Act should
provide the necessary legal authority to validate the proposed agreement; and advising that if the .Compnay
accepts the agreement as drafted and Council approves the policy as outlined in the proposed agreement,
Council should authorize the Mayor and Common Clerk to execute the agreement, and following execution by the
parties, the agreement as a schedule to the proposed legislation will be forwarded to Fredericton so that the
matter may be dealt with during the current session of the Legislative Assembly -- be laid on the table and
that the Council committee appointed to negotiate the said agreement be authorized to meet with the Irving
interests and report back to Council.
Question being taken, the tabling motion was carried.
On motion
The meeting adjourned.
'~F'
At a Common Council, held at "the City Hall, in the City of Saint John, on Monday, the thirteenth day
of April, A.D. 1981, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, ESQuire, Mayor
Councillors Denton, Gould, Knibb, Landers, MacCallum, A. Vincent,
M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager,
M. Zides, Commissioner of Community Planning and Development, M. Winch,
Deputy Commissioner of Community Planning, S. Armstrong, "Deputy Com-
missioner of Engineering, J. Gabriel, Deputy Commissioner of Works,
J. F. Ross, Chief of Police, J. Brien, Deputy Fire Chief, C. E. Nicolle,
Director of Recreation and Parks, J. Johnson, Building Inspector,
W. Collette, By-Law Enforcement Officer, T. Shuve, Property Management
Branch, and K. Galbraith, Administrative Assistant to the Mayor,
Reverend Ivan Rayner of Douglas Avenue Christian Church offered the opening prayer.
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that a letter of condolence be forwarded to the family of
the late Mr. Thomas H. Green, father of Councillor Hartley G. Green, whose death occurred during the week.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that the joint letter from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, recommending that freezer space at the City Market
formerly rented to Mr. Glen Hanlon, consisting of 163 square feet, be now rented to Mr. Lloyd Ward at the rate
of $47.54 per month on a month to month basis -- be received and filed and the recommendation adopted.
.On motion of Councillor Gould
Seconded by Gouncillor.Landers
RESOLVED that as recommended by the City Manager, tenders for supplying
fire eQuipment be awarded as recommended in the submitted bid summary.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the report from the City Manager on the sections of
the Police Act being proclaimed by the Lieutenant-Governor in Council be laid on the table for two weeks and
the Chief of Police reQuested to be in attendance to "clarify the sections as outlined.
Question being taken, the tabling motion was carried.
On motion of Councillor Knibb
Seconded by CoUncillor Landers
RESOLVED that the letter from the City Manager containing the revised
Dog By-Law and recommending first reading be received and filed.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the by-law entitled, "The Saint John Dog By-Law be read
a first time.
Read a first time the by-law entitled, "The Saint John Dog By-Law'!.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "The Saint John Dog By-Law" be
read a second time.
630
,
Chitticks (I962) Ltd
D. Hatfield, Ltd.
,
\
Progress payments
Carleton Community
, Centre
'Shamrock Const. Ltd.
\
Progress payments
,
Hazen Creek Sewage
Treatment Plant
Greey Mixing Equip.L
,
\
Progress payments
'Fire Stn. #2, Loch
Lomong Rd
\ .
Mott, Myles &Chatwin
\
Progress payments
\
Concrete Work 1980
Contract U
Maritime Formless Lt
,
\
Progress payments
Winter, Stanley &
Celebration Streets.
"
Johnson Const. Ltd.
Progress payments
,
Concrete Work 1980
Contract II
Read a second time the by-law" entitled, "The Saint Johh Dog By-Law".
On motion of Councillor Denton
Seconded" by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
the following invoices, namely:-
equipment rental January ~
eQuipment rental February
granted for payment of
Chitticks (1962) Ltd
D. Hatfield, Ltd.
1-15, 1981
::'1;15, 1981
$7,044.52
$5,211. 34
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that as recommended by the
for payment of the following construction progress certificate, namely:-
(7'
.,
.
City
Manager, authority be granted III
Carleton Community Centre
Shamrock Construction Limited
Miscellaneous renovations
Original estimated value of contract
Total work done, Estimate Number 5
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 5
dated Aprii 8, 1981 Partial Release of Holdback
$ 98,998.00
93,760.92
2,812".83
79,696.78
$ 11,251.31
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, authority be "granted
for paymen~ of the following construction progress certificate, namely:-
Hazen Creek Sewage Treatment Plant
Greey Mixing EQuipment -Ltd.
Original estimated value of contract
"Total work done, Estiniate Number 4
Retention
Payments previously approved "
Sum.recommendedfor payment, "Progress Estimate Number
dated April 7,1981 Final.Release of Holdback
on motion of Councillor Wayne
granted
Seconded by Councillor M. Vincent
RESOLVED"that as recommended by the City Manager, authority be
for payment of the following construction progress certificate, namely:-
Fire Station Number 2.- ,Loch Lomond Road
Mott, Myles & Chatwin Ltd.
Architectural services
Payments previously
Sum recommended for payment, Prgress Estimate Number.5,
dated February 19, 1981 Final Payment
$
29,178.82
<3,337.64
On motion of Councillor Wayne
granted
Seconded by Councillor GoUld
RESOLVED that as recommended by the "City Manager, authority be
for payment of the following construction progress certificate, namely:-
y
Concrete Work 1980 - Contract II
Maritime Formless Ltd.
Concrete curb and sidewalk construction
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated April 7, 1981 "Partial Holdback Release
...,
~ "I r~
'-- .
-, ""
$ 343,417.50
166,145.77
.4,984.37
141,223.91
$ 19,937:49
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificate, namely:-
Winter, Stanley and Celebration Streets"
. Johnson Construction Ltd.
Street reconstruction
Original estimated value of contract
Total work done, Estimate Number 4
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 4,
dated April 8, 1981 Partial HoldbaCK Release
$
81,133.00
78,815.13
2;364.45
75,250.68"
" $
1,200.00
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, authority be
granted for payment of the following construction progress certificate, namely:-
1
.
I
.
I
III
.
~
,...
,!31
.
I
I" Progress paymen
'Lord Beaverbroo
Rink
,Simonds Arena
Bruce E. Lawson
'\ Ltd.
.
Provincial-"
'\ Municipal
Counci 1 Inc.
I
Red Head Home
'\ Owner's Protec-
tive Assoc:
Woodlawn Park
\ Subd.
David M. Lunney
\ & Associates
.
I
I
. MunicipaI Plan
By-Law
re-zoning
"\ WoodIawn Park
Subd
, David M. Lunney
& Associates
.....
Concrete Work 1980 - Contract I"
Maritime Formless Ltd.
Concrete curb and sidewalk construction"
Original estimated value of contract
Total work done, Estimate Number 6
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 6,
dated April 6, 1981 Partial Release of Holdback
$ 139,222.65
167,845.31
5,035.36
142,668.5L
$ 2Q,141.44
Deputy Mayor Vincent reQuested an explanation of the overcost of $28,000. and was advised by Mr.
Armstrong that the Works Department added a project On Westmorland Road for curbing and gutter work, the cost of
which was added to this contract. To a Question raised by Councillor A. Vincent, Mr. Armstrong replied that the
city has performance bonds for this particular.contract as well as Contract II which was just approved by Council
and that the reason for the holdback is because it is present city procedure. Councillor Vincent stated that if
the City has a performance bond there is no need for a retention and reQuested that staff bring forth a recommen-
dation in this. regard.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the
for payment of the following construction progress certificate, namely:-
City Manager, authority be granted
Lord Beaverbrook Rink and Simonds Arena
Bruce E. Lawson Ltd.
Construction of condenser foundations
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated April 7, 1981 Final Release of Holdback
$ 18,150.00
18,895.00
Nil
16,060.75
$ 2,834.25
Councillor Landers made a motion, which was not seconded that the above payment be tabled for eight
days.
On motion of Councillor Wayne
Seconded by Councillor Knibb
RESOLVED that the letter from the Provincial-Municipal Council Inc.
containing a breakdown of the warrants for the calendar year 1981 be received and filed and the amount of
$6,102.00 approved for payment as the fees due from the City of Saint John;
Question being taken,-::the motion'"was"carried with Councillors A. Vincent, Landers and Denton
voting "nay".
Mr. Peter A. Roche, Vice-President, The Red Head Home Owner's Protective Association presented a
brief from "area residents in opposition to the proposed re-zoning of 175 acres of land to the east of Woodlawn
Park and Harbourview Sub-Division as proposed by David M. Lunney & Associates Ltd. Particular emphasis was
placed on the need for improved fire protection and the fact that there is only one access road which at times
can be blocked. Concern was also expressed for the dangerous condition at the old sewage lagoon site; the
possible cut back in city services.
Councillor Knibb suggested that with increased development one could forsee that services would
increase. In reply to a Question with respect to the water in the sewage lagoon, Mr. Roche replied that it is
still the static sanitation that was lying in the lagoon in 1977. He asked what the objection is to this devel~
opment as it would appear the development woUld rather than harm the area would add to it because it would
focus more attention to Red Head. Mr. Roche agreed with Councillor. Knibb, however, he stated that the develop~r
ment must take place in a proper organized manner and that the services which have been promised to the area
be in place before any further development is allowed to proceed.
{1}
Councillor Wayne stated that to put more people out in the area and not be able to give them"the
services is a disservice to the people themselves.
Councillor GoUld asked if the Association would be in favour of expansion after the 70 lots which
have already been approved were developed first. Mr. Roche replied that if the services which had been
previously promised and which were supposed to be in place prior to the subdivisions that are there now
were in place as well, it woUld be an entirely differenct picture. However, one of those services should
include a second eixt from the area and referred to the proposed McAllister Drive Arterial.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that Mr. David Lunney be heard at this time.
"naylt.
Question being taken, the motion was carried with Councillors Gould, Wayne and MacCallum voting
Mr. David Lunney advised that he was unable to see a copy of the brief before it was presented to
Council this evening and reQuested that Council'give him the opportunity of responding to the brief in
writing fo the next meeting as many of the statements are extraneous and erroneous.
Deputy Fire Chief Breen replied in the affirmative to a Question raised by Councillor Wayne that
Fire Chief Clark has stated the area has inadeQuate service and that no further development should take place
until adeQuate fire protection is in place in that development.
On motion of Councillor A. Vincent
Seconded by Councillor Knibb
RESOLVED that third reading of the Municipal Plan By-Laws and Zoning
By-Law be laid on the table for one week with respect to the property at Red Head being developed by David
M. Lunney & Associates Ltd.
Question being taken, the tabling motion was carried with Councillors Landers and Gould voting "nay".
"632
Land Committee
Millidgeville-North
'End Lions Inc.
Community centre
Counc. Gould
Vehicles, city-owned
,
Alcoholism & Drug
\ Dependendy Comm. of
N.B.
Coburg House
"
,
Dept. of Municipal
Affairs
,Rarking meters
.Municipalities" Act
re-zoning
Simpson Dri~~~_._l ~--L.-,,>o
The Roman ~atIi6ni::--
, Bishop of Saint Joh
re-zoning
Watson Street
Saint George's Churc
, Corporation
'Peti tion
Hillcrest Road resi;
\ dents
road
\
Mary R. LeBlanc
,McKeil Street
"
Councillor M. Vincent stated he would support the motion to table the matter for one week
so that Mr. Lunney may clarify any points he wishes to make as long as the r~cord indicates he will
not be supporting the reQuest for re-zoning.
.
On motion of Councillor MacCallum
Seconded by Councillor A. Vincent
RESOLVED that the letter from the Land Committee containing
a request from the. Millidgeville-North End Lions Inc. reQuesting that consideration be given to the
establishment of a community centre in the Millidgeville area be referred to the City Manager and staff
for a report.
Councillor Knibb" suggested that the City talk with the School Board to see what facilities
might be available in the area keeping in mind the Millidgeville-North High School.
I
On motion of Councillor Gould
Seconded by Councillor Wayne
RESOLVED that. the letter from Councillor Gould reQuesting an up-
to-date report on the use of City vehicles by employees, such report to include the nuIDber of vehicles,
policy for ass.igning vehicles to certain administrative levels; " types of vehicles, cost of operation,
method of replacement and number that drive outside the city limits, be referred to the City Manager for
a report within the next two. to three weeks.
I
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that a letter be "forwarded.to the Alcoholism and DrUg
Dependency Commission of New Brunswick requesting that they "reconsider making funds available for the
operation of Coburg House for the ensuing ~ear.
. Councillor Wayne reQuested that the above noted letter be sent over the signature of His
Worship the Mayor, and if this is not successful she suggested that "a delegation go to Fredericton.
.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the letter from Horace B. Smith, Minister of
Municipal Affairs, regarding an amendment to the Municipalities Act to increase the voluntary fine for
parking meter violations and that he has submitted a similar recommendation to government for consideration
-~ be received and filed and the Minister thanked for his reply.
Councillor M. "Vincent asked if it would be necessary to amend the entire Municipalities Act
in order to allow a municipality to increase its voluntary fine for parking meter violations and the
City Solicitor replied that a general'amendment to "the act would be required. He further noted that the
letter advises that there" is some opposition to the proposal and requested information "as to whether the
opposition comes from the municipalities or the House.
1
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED that the application of The Roman Catholic Bishop of
Saint John, St. Ann's Parish, to re-zone property on" Simpson Drive, "be referred. to th~ Planning Advisory
'QCommittee~foria~report and recommendation, and that authority be granted for the necessary advertising
in this regard, with the public hearing to be "held on May 25th, 19G1.
On motion of Councillor "A. Vincent
Seconded by Councillor Knibb
, RESOLVED that ,the application qf Saint George's Church Corporation,
to re-zone property located on Watson Street between King Street and Duke .Street, be referred to the
Planning Advisory Committee for a report and recommend~tion, and that authroity be granted for the
necessary advertising in this regard; ,with the public hearing to be held o~ May 25th, 1981.
.
On motion of Councillor Wayne
Seconde~ by Councillor M. Vincent
" RESOLVED that the "petition from residents of Hillcrest Road
requesting paving of the street" be referre~ to th~ City Manager for" a report.
On motion of Councillor Wayne
1
Seconded by Councillor Knibb
RESOLVED that the letter from Mary R. LeBlan~, regarding truck traffic
on McKeil Street be referred to the "City Manager and Chief of Police for a report.
Councillor Wayne asked if it is the intent to direct the transport truck traffic from Moosehead
Breweries now that the City has closed the streets in that area and was advised by the City Manager the
report would be back within a week.
On motion of Councillor Landers.
I
Seconded by Councillor A. Vincent
RESOLVED that an item from the Council Information Kit be placed
on the agenda and considered at this .time.
On motion of Councillor Landers
,
S.J. Vocational
Alumni
Seconded by Councillor A. Vincent
RESOLVED that the Common Council of the City of Saint John go on
Scho lrecord as supporting the Alumni of the Saint John Vocational School in keeping Vocational School open.
Councillor Knibb stated he feels it is very undesirable for Council at this stage to be involved
in what is going to be an extremely difficult decision for the Board of School Trustees to un~ertake and
advised that he will vote against the motion on the basis that he does not think it is council's business
to put pressure on another elected body that know their duty and obligations.
.
Councillor Gould s t
ugges ed that councillors could individually support the issue but not as
"...
Vocational
Schoo I
.
I
I
Land Committee
23 Barker St
"Kari Christen-
sen
.
I
Nominating
Committee
Saint John You
\ ~Pro" ect.""Revie
Committee
Chief of Polic
L"c"Hand, M.
Hornyark, C.
Correia, D.Sto
F. Elliot, D.
Dryer, D. Wilt
M. Richard
Art Advisory
\ Board
R.. Roach, K.
Johns, R.
Percival, J.
Stackhouse,
E. Grosweiner,
. J. Beutel
Port Develo
'\ Cornmiss ion
'H. Green
\ Rodeo East Co
C. Denton, G.
Prentice, "P. Ro
R. cNeathan, D.
Lawson,_~D. Pars
W". Ganong, Mrs.
Corbil), T. Wils
~l Farren,W. Mu
P. G,rannan, J.
Beyea, E. Appl
LEG A L
I
S E S S ION
V-
i- D. Spragye, K.
Whittaker, K
Fairweather, R.
Fraser, H. Key
B. Smith. E. H
I
,Lord Beaverbroo
Rink
Committee of
'Citizens L.B.R
.
....
~ .,...,." "
, .'''''''<' "'. ~...\ .
6.3.3
Council as it "is out of Council's jurisdiction.
Mayor Lockhart stated that just when the reQuirements for skilled vocational trades and education
were never greater, this action is being proposed, and advised he will do everything he can to see that
Vocational School is retained.
Councillor Landers pointed out that Vocational School has long served the needs of this community and
he would hate to think Saint John had to import workers when the next boom hits the city, as we did in the past,
because we did not have enough trained people. It is of primary importance that we ensure the proper education,
particularly, that.vocationiU-tridning is available for a great number of students who do not go to the other
high schools.
Councillor Wayne noted that she concurred with Councillor Landers sentiments and that the need for
this school will be greater in the future.
Question being taken, the motion was carried with Councillors Knibb and Gould noting "nay".
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED that the correspondence relating to 23 Barker Street be added
to the agenda and considered at this time.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that as recommended by the Land Committee, authority be. granted
for the purchase of property at 23 Barker Street, owned by Mrs. Kari Christensen, for the sum of $65,000.00,
being a full settlement for land, building and business, with no adjustment being made for taxes or water rates,
and that the purchase"be finalized on or before April 24th, 1981 -- be received and filed and the Mayor and
Comn~n Clerk be authorized to execute any and all documents pertaining to this transaction.
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that the report of the Nominating Committee be added to the
agenda and considered at this time.
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended by the Nominating Committee, a committee
be established called Saint John Youth Project Review Committee and the following be appointed to the committee,
namely: - Police - President; Police Administration - Chief Fenwick Ross; Social Service - Frank Hand;" Justice - I
Michael Hornyak; Education - Claire Correia; Solicitor General _ Daniel Stote; City of Saint John - Forbes Elliot;,
Human Development Council - Daniel Dryer; Resource - David Wilton; Volunteer Bureau - Marion Rickard. I
Councillor Wayne noted that back in December 1980 Council removed Councillors from various committees
and tonight we are putting councillors back on committees. "
Question being taken, the motion was carried with CouncillorsMacCallum voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that as recommended by
Advisory Board be established with the"following membership, namely: Robin
alternate, James Stackhouse, Ella Grosweiner and Josh Beutel.
the Nominating Committee an Art
Roach, Ken Johns, Robert Percival or
On motion of Councillor M. Vincent
Seconded by Councillor A. Vincent
RESOLVED that "Councillor Hartley Green be reappointed to the Port
Development Commission.
On motion of Councillor M. Vincent
a, Seconded by Councillor Denton
RESOLVED that the following be appointed"to the Rodeo East Committee,
snamely: Charles Denton, George Prentice, Pat Rocca, Ron Neathan, DavidLawson, Dave Parsons," Wayne Ganong, Mrs.
Corbin, Ted Wilson, Marian Farren, Wayne Murphy, Paul Grannan, Judy Beyea, Ed Appleby, Dave Sprague, Kay
nWhittaker, Kim Fairweather, Ruth Fraser, Herb Keyes, Betsy Smith and Ed Harper.
hy
Question being taken, the motion was carried. with Councillors Wayne and MacCallum voting "nay".
y
(Prior to the regular meeting, the Council met in Legal Session when there were present Mayor Lockhart
and Councillors Denton, Gould, Knibb, Landers, MacCallum, A. Vincent, M. Vincent "and Wayne.)
Mr. Rodgers advised that the legal opinion of Mr. Hanson with respect to the Lord Beaverbrook Rink
will be in his office this week and Mr. Hanson will be recommending what steps should be taken to resolve the
problem.
per
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from Mr. Cliff G. Warner, Chairman of the
Committee of Citizens regarding the Lord Beaverbrook Rink, seeking guidance from the City on future operatings
of the Rink for the balance of the year, be laid on the table for one week.
Question being taken, the tabling motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Wayne
RESOLVED that authorization:be given to pay the sum of $12,306.00
representing the operating loss of the Lord Beaverbrook Rink for the period of January to March 31, 1981.
"6.3~
.,
Land Committee
'Charles Stevens
341 Rockland Rd
'North/South Arterial
'Progress payments
,Dominion Park
Parking Lot
'Johnson Const. Ltd.
AIton A. Eisner
,City crest
Question being taken, the motion was lost with the Mayor and Councillors Denton, Gould,
Landers, A. Vincent, and M. Vincent voting !'nay".
Deputy Mayor M. Vincent stated that he felt that this item should be tabled along with the .
previous item and he would.be prepared, if the report isn't in by next week, to vote "on the matter of
issuing a cheQue for the operating loss.
On motion of Councillor A. Vincent
" "
Seconded by Councillor Landers
RESOLVED that as recommended by the Land Committee, the City enter
into an agreement with Mr. Charles Stevens with respect to property located at 314 Rockland Road, pro-
viding that he will grant a .release to the City in connection with" any claims that he might have arising I.
from the collapse of a portion of his property; grant.to the City an. easement for the construction of a
retaining wall upon this 312 SQ. ft. portion of his land; have delivered to the City at the same time a
deed for the 312 SQ. ft. "together with "a release of any claims that he might have arising in connection
with the work which has occurred upon that parcel and; that the purchase price for the 312 SQ. ft. portion
shall be $700.00, payable upon the delivery of the deed, with "the understanding that if the rate of compen-
sation to be agreed with Mrs. I. Irwin of 306 Rockland Rd; is greater than the current rate of compensation
that the additional amount, if any, shall be paid to Mr. Stevens;.
AND FURTHER that a further payment of $300.00 "for the temporary use of the extra parcel of 485
square feet be authorized.
On motion
I
The meeting adjourned.
'~n
Clerk
.
At a Common Council, held at the City Hall, in the City of Saint .John, on Tuesday";thedwenty,,,-
first day of April, A.D. 1981, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, ESQuire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb,"Landers, MacCallum,
A. Vincent, M. 'Vincent"and Wayne"
- and -
Messrs. A. G. McDermott, City Manager, R.Park,.Commissioner of Finance,
F. Rodgers, City Solicitor, N: Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, J. C. MacKinnon., Commissioner of Engineering
and Works, S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel,
"Deputy Commissioner of Works, M. Zides, Commissioner of Community Planning
and Development, M. "Winch, Deputy Commissoner of Community Planning,
C.E. .Nicolle, Director of Recreation and Parks, J. F. Ross, Chief of
Police, "P. Clark, Fire Chief, J. Johnson, Building Inspector, D. French,
Director of Personnel, G. Prentice, "Public Reiations Manager, and
K. Galbraith, Administrative Assistant to"the Mayor
I
Reverend Wallace Corey of St. James Anglican Church offered" "the opening prayer.
On behalf of the Common Council, the Mayor expressed best wishes for a speedy recovery
to former Mayor James E. Calvin, who is seriously ill.
.
Councillor Green expressed appreciation for the many acts of kindness and expressions of
sympathy extended to him and his family on the recent death of his father.
On motion of Councillor.Landers
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Common Council, held
on April 13th last, be confirmed.
On motion of Councillor Gould
I
Seconded by CoUncillor Kriibb
RESOLVED that as recommended by the
for payment of the following construction progress certificate, namely:-
City Manager, authority be granted
1.
Dominion Park Parking Lot
Johnson Construction Limited
Grade and pave parking lot
Original estimated value of contract
Total work done, Estimate Number 2
Retention
Payments previously approved
Sum recommended for payment, Progress Estimate Number 2,
dated April 9, 1981 Partial Release of Holdback
$ 21,178.00".
31,905.00
'",957.15
27,119.25
"3,828.60
I
On motion of CoUncillor Green
Seconded by Councillor Wayne
RESOLVED that the letter from the City Manager regarding the reQuest
of Mr. Alton A. Eisner to use the City crest on woode~ tokens which he makes as a hobby and exchanges with ...
pen pals across the United States and Canada, advising that as reQuested by Council, discussions have been
held with the Bicentennial 90mmi ttee and Loyalist Days Inc. and they have no obj ection to Mr '." Eisner using
the City crest inthis limited way as a hobby; and recommending that Mr. Eisner's reQuest be granted -- be
received and filed and the recommendation adopted. " "
~
II'"
---
. ,
:.6.35
. North/South
. Arterial
Spectrum
. Enterprises
Ltd.
excavated rock
I
-I
\ Demolition
42 Somerset
Street
.
Tender accepte
,Chitticks (196
Ltd.
42 Somerset St
,Red Head Home
Owners Protec
tive ASsoc.
'Woodlawn Subd.
David M. Lunne
'- & Associates
1
,
David M. Lunne
& Associates
.
I
I
.
....
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the letter from the City Manager regarding the proposal call
for the purchase of some 90,000 metric tonnes of excess rock currently being removed from the construction site
of the North/South Arterial under contract with Johnson Construction Limited, advising that only one proposal
was received, namely, from Spectrum Enterprises Ltd., offering to pay $0.47 for each tonne of rock, whether
taken directly from the working face, or loaded and removed from the stockpiies; further advising that it did
seem apparent from the evident lack of interest that the material was more suited to use as a common fill
material and in that case, the price quoted from Spectrum Enterprises Ltd. is in line with prices that the City
must pay for pit run gravel under the 1981 tender for materials supply, however, since the tender closed, the
Quality of the material has increased and it is altogether possible that a considerable Quantity of the surplus
excavated rock will be marketable at a higher price; and recommending that the proposal of Spectrum Enterprises
Ltd. be rejected and that the City Manager be given authority to negotiate the sale of this rock -- be received
and filed and the recommendation adopted.
(Councillor Denton entered the meeting)
Councillors Landers and Knibb referred to various areas near the Throughway and Chesley Drive where
rockfill from the above project is being stockpiled, and suggested that areas other than the main thoroughfares
of the City should be found for stockpiling of such material. During discussion, Mr. McDermott, replying to a
Query of Councillor Gould, confirmed that it is"his intention to submit the price negotiated for sale of this
material to Council for approval.
Question being taken, the motion was carried -with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that an item with respect to tenders for demolition of City-
owned property at 42 Somerset Street be added to the agenda and considered at this time.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the low tender as
submitted by Chitticks (1962) Ltd., in "the amount of $1,333.00, be accepted for demolition of the City-owned
building located at 42 Somerset Street.
Copies of a letter from Mr. P. A. Roche, Vice-President of the Red Head Home Owners Protective
Association, regarding the proposed re-zoning of 175 acres of "land in the Harbourview-Woodlawn Subdivision, had
been distributed to the Council members at the meeting by the Association.
On motion of Councillor Landers"
Seconded by Councillor Green
RESOLVED that the above letter from the Red Head Home Owners Protective
Asso~iation be added to the agenda.
On motion of Councillor Gould
Seconded by Councillor Landers
RESOLVED that the letter from Mr.
David M. Lunney & Associates, responding to the brief "presented to Cbmmon
Red Head Home Owners Protective Association, be received and filed.
David M. Lunney, on behalf of
Council on April 13th, 1981 by the
Lengthy discussion ensued regarding the proposed re-zoning and Municipal Plan amendments with respect
to. property located east of the Woodlawn Park Subdivision, as reQuested by David M. Lunney & Associates Ltd.,
in particular.with regard to the questions raised in the above letter from the Red Head Home Onwers" Protective
Association, the present sewage lagoon, the supply of water sufficient for firefighting purposes, and with
respect to the provisions of the 1979 subdivision agreement between the "City and the developer, which had been
executed in 1980, with regard to development of Phases 2 and 3 of the present subdivision. Mr. Barfoot outlined
the relevant provisions of the above-named subdivision "agreement, which contains a provision for construction
of a fire protective storage tank for Phases 2 and 3, which area is not part of the area under consideration for
re-zoning. Councillor Wayne referred to documentation regarding "attempts to have a 50,000 gallon fire storage
tank established since 1974. She also refuted statements contained in a letter to Council at this meeting from
Mr. David M. Lunney and referred to a letter to Council from the City Solicitor, dated December 9th, 1977 which
states that under the proposed agreement the City is not committed in any way to the unapproved development
scheme.
(Councillor A. Vincent entered the meeting)
In reply to a Query of the Deputy Mayor, Mr. Barfoot advised that the subdivision agreement.for Phases
~ 2 and 3 ~xpires in September 1981, and is not related to the present proposal. Fire Chief Clark, responding to
a Query of Councillor Knibb if the. lagoon, which is not being used, could be utilized for firefighting purposes,
stated it would reQuire that a dry grant be installed and that there be access for heavy eQuipment. Mr. Barfoot
noted that if the 175 acres under consideration is re-zoned, it will then be necessary to negotiate a subdivision
agreement with the developer covering the services reQuired, including provision for proper fire protection, and
that development cannot be proceeded with until such agreement has been reached. In reply to a Query of Council=
lor Gould, Mr. Barfoot advised that under the subdivision agreements in effect when the Harbourview and Woodlawn
Park subdivisions were developed, the City's responsibility was to provide paving of hard surfaces, whereas the
developer provided the underground services, including piping, which was different from the policy in effect in
other areas of the City, and that the provisions of services for development of the 175 acres in Question would
be in accordance with the present policy of the City. Councillor Landers, speaking in support of the proposed
re-zoning, responded to each of the ten points contained in the letter from the Red Head Home Owners Protective
Association. In reply to a query of Councillor Denton, Fire Chief Clark stated that if the present lagoon was
made available to the Fire Department, the water storage tank would not then be reQuired for fire protection
purposes. Mr. Barfoot noted that the construction of a water storage tank is a condition of the subdivision
agreement for Phases 2 and 3. Regarding the services for the 68 lots in Phases 2 and 3, Mr. Barfoot reiterated
that such services are the responsibility of the developer. In response to questions posed by Councillor Elliot,
Mr. Barfoot advised that the present policy of the City reQuires a performance bond to cover the entire cost of
installing services, and that a major subdivision in that area will reQuire strengthening of the entire water
distribution system in East Saint John. He noted that the present Woodlawn Park area is serviced by drilled
wells and he believes it has been considered that~~y major development in that area would require the extension
of water services, and that the associated costs would have to be negotiated between the parties. In reply
to a Query of Councillor A. Vincent, Mr. Barfoot stated that the areas covered under the "subdivision agreements
already executed are serviced by drilled wells.
636
.,
Fire Chief
Woodlawn Park Subd".
Mun. Plan. By-Law
,Woodlawn Park Subd.
David M. Lunney &
, Associates
Mun. Plan By-Law
,Woodlawn Park Subd.
David M. Lunney &
~ Associates
re-zoning
,Woodlawn Park Subd.
David M.. Lunney &
~ Associates
"\
Red Head Home Owners
Protective. Assoc.
Land Committee
29 Somerset St
,Mr": & Mrs. Walter
Ward
'North/South Arterial
Counc. Wayne
'Dept. of Tourism
re-zoning
'Church of the Nazare
cor. Bon Accord Dr:.
& Loch Lomond Rd:
On motion of Councillor Landers
: Seconded by Councillor M. Vincent
RESOLVED that the copy of a letter from the Fire Chief to .
the City Manager, dated April 15th, 1981, regarding the proposed re-zoning of the Woodlawn Park Subdivision,
advising "that the "Fire Department is not opposed to the.re-zoning"of the said subdivision, however, they
strongly recommend that "on site" water be made available "for firefighting purposes for use by the Fire
Department, the minimum amount of on site water for firefighting purposes being 50;000 gallons, be received
and filed..
On motion of Councillor Landers"
Seconded by Councillor Knibb
RESOLVED that the by-'law entitled, "A Law to Amend the Municipal Plan I
By-Law of the City of Saint John and Amendments Thereto", by "amending" Schedule 2-A, the Future Land Use'
Plan to reclassify a portion of land located east of the existing development known as Woodlawn Park
Subdivision at Red Head (L.R.I.S. Number 339960) from Agricultural use to Low Density Residential, be read
a third time and enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion "was carried with Councillors Gould, Green; MacCallum, M. Vincent,
and Wayne voting "riay". .
The by-law entitled, "A Law to Amend the Municipal Plan By-Law "of the City of Saint John and
Amendments Thereto" was read. in its entirety prior to adoption of the above resolution.
r
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that "the by-law entitled, "A Law to Amend the Municipal
Plan By-Law of the City of Saint John and Amendments Thereto", by amending SchedUle 9-A, the Staging Plan,
to"include a portion of land located east of the existing development known as Woodlawn Park Subdivision
at Red Head (L.R.I.S. Number 339960) in Stage I, be read a third time and enacted and the Corporate:
Common Seal affixed thereto.
Question being taken, the motion was carried with CoUncillors Gould,
and Wayne voting "nayH.
Green, MacCallum, M. Vincent ...
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of. the City"ofSaint John and
Amendments Thereto" was read in its entirety prior to adoption of the above resolution.
On motion of "Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A Law to Amend the Zoning
By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning approximately
175 acres of land located east of the existing development known as Woodlawn Park Subdivision at Red
Head (L.R.I.S. N1lll1ber 339960) from "RF" Rural to "RS-2" One- and Two-family Suburban Residential classifi-
cation, be read a third time and enacted and the Corporate Common Seal "affixed thereto.
I
Question being taken, the motion was carried with Councillors Gould, Green, MacCallum, M. Vincent
and Wayne voting "nay".
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior.to adoption of the above resolution.
On motion of Councillor Gould
Seconded by Councillor Wayne "
RESOLVED that "the letter from Mr. P. "A.. Roche, Vice-'President of
the Red Head Home Owners Protective Association, regarding the rezoning of 175 acres "of land in Harbour-
view-Woodlawn Subdivision, be received and filed:
On"motion of Councillor A. Vincent
.
Seconded by Councillor Knibb"
RESOLVED that as recommended by the Land'Committee, authority be
granted for purchase of "property at 29 Somerset Street from Mr. and Mrs. Walter Ward, for the sum of
$21,500.00, such property being reQuired for construction of the North/South Arterial, and that the Mayor
and Common Clerk be authorized to execute any and all documents pertaining to this transaction.
On motion of Councillor Wayrie "
I
Seconded by Councillor"MacCallum
RESOLVED "that the letter from Councillor Wayne submitting an
article on:New Brunswick which appeared in the April edition of the national. magazine "Quest", which
article had been submitted by the Provincial Department of Tourism, be received and ~iled and that the
City Manager, in conjunction "with the Tourism"Director, prepare a proper press "release for magazines such
as "Quest", pointing out the "City's many tourist attractions, and forward it to Provincial authorities
for future "use, and also arrange a meeting with the "Provincial Department of Tourism in this regard.
On motion" of Councillor Wayne
I
Seconded by Councillor Elliot
. RESOLVED that "the application of "the Church of the Nazarene for the
re-zoning of property located at "the northeast intersection of Loch Lomond Road and Bon Accord Drive,. be
referred to the Planning Advisory Committee fora report and recommendation, and that authority be granted
for the necessary advertising in this. regard, with the public hearing to be held on May 25th, 1981.
The Council members expressed. concern with.problems"being encountered by several churches in
the City who wish to expand, as"a result of the City having enacted an institutional zone, therefore
reQuiring the re-zoning of such properties.
.
,...
&37
,
. Church of the
Nazarene
'Mobile home
I
'Joan E. Godfre
,Mobile home.
~I
~
, Mrs. Geo. Gree
, Mobile home
Mobile home
. policy
Sea Belles of
, Harmony Inc.
Grant
, Dorothy Adams
I 77 Glen Rd
Imperial Pizza
" of Toronto
'Oland Brewerie
Limited
, \Vater rates
. Taxi Assoc.
re taxi fares
\
I
LEG A L
SE S S ION
I
Lord Beaverbro
Rink
H. A. Hanson,
Q.C.
Lord Beaverbroo
Rink, grant
.
....
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that permission be granted for an extension of one year for the
placement of the security trailer on the West Saint John Church of the Nazarene property on Sand Cove Road, (the
former Provincial Hospital Annex property), and that the said Church be asked to submit a report to Council on
their progress in renovating the said property.
Question being taken, the motion was carried with Councillor MacCallum voting "nay".
On motion of Councillor Denton
Seconded by Councillor M. Vincent
RESOLVED that permission be granted for an extension of One year for
the placement of a mobile home on property on Old Black River Road, as reQuested by Mrs. Joan E. Godfrey.
During discussion of the reQuirement in the previous two items that permission for ,the location of
such mobile homes re~uires renewal by Council each. year, Councillor A. Vincent proposed an amendment to the
motion under consideration, which amendment was seconded by Councillor MacCallum, that permanent approval for
such location be given. The Mayor ruled that such. amendment was not a legal motion, and therefore could not be
considered.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that permission be granted for an extension of one year for the
placement of a mobile home on property. On Kean Road, as reQuested by Mrs, George Green.
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the City Manager and appropriate staff be asked to
review the present policy regarding the temporary location of " mobile homes, and to submit a report and appropri-:
ate recommendations to Council within thirty days.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the request of the Sea BElles of Harmony Inc. for a grant
regarding the Annual Harmony Training Programme to be held in Saint John from June 5th to 7th, 19S1, be referred
to the grants committee.
On motion of Councillor Wayne
Seconded by. Councillor Gould
RESOLVED that the letter from Mrs. Dorothy Adams, reQuesting an extension
of the hours of operation for the takeout food service located at 77 Glen Road, which facility has been leased
to Imperial Pizza of Toronto, Ontario, be referred to the Planning Advisory Committee for a report and recom-
mendation.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the letter from Mr. M. Barry Roderick, on behalf of Oland
Breweries Limited, regarding water rate increases enacted by Common Council on February 23, 1981, and reQuesting
that Council pass a resolution that his client's average cost for water consumption be not greater than 30 cents
per 1000 gallons, be referred to the special Council committee on water rates.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED. that the letter from Mr. Douglas Whipple, President of the Taxi
Association, reQuesting that Common'Council review the submitted changes in taxi fares, be referred to the City
Manager for a report at the next meeting of Council.
In reply to a Query of Councillor A. Vincent, Mr. MacKinnon outlined the regular working hours of
members of Local IS.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that this meeting continue, in legal session.
Copies of a letter from Mr. H. A. Hanson, Q.C., to the City Solicitor, dated April 16th, 1981, regard-
ing the Lord Beaverbrook Rink Agreement, were distributed to the Council members. The said letter advises that
Mr. Hanson has completed his" studies concerning the issues arising out of the said Agreement and that the con-
clusions, as outlined. in the said letter, are supported by an extensive memorandum which states the relevant
facts on which his opinion will be based and an analysis of the facts and law relevant to the Agreement. During
discussion, Mr. Rodgers advised that he expects to have Mr. Hanson's compelte legal opinion within one week,
however, based on the said letter~ it is proper for the" City to continue its grants to the company for the
limited purpose of the protection and administration of the trust property.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that authority be granted for payment of a grant in the amount
of $12,306.00 for the Lord Beaverbrook Rink, co~ering the operating"deficit for the first Quarter of 1981.
On motion of Councillor Wayne
Seconded by Councillor Elliot
RESOLVED that the letter from Mr. Clifford G. Warner, Chairman of the
Committee of Citizens regarding the Lord Beaverbrook Rink, seeing guidance from the City on future operations
of the Rink for the balance of the year, be laid on the table for a further week.
----'~
638
"
Question being taken, the tabling motion was carried.
On motion
The meeting adjourned.
.
6(1 ~~!!f2
At a Common Council, held at the City Hall, in the City of " Saint John, on Monday, the twenty- 1
seventh day of April, A. D. 1981, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, Esquire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
I"'
~
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F, Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works, S,' Armstrong, Deputy
Commissioner of Engineering, M. ~ides, Commissioner of Community Planning
and Development, C. E. Nicolle, Director of Recreation and Parks, J. F.
Ross, Chief of Police, J. Johnson, Building Inspector, T. Shuve, of the
Property Management Branch, K. Galbraith, Administrative Assistant to the
Mayor, and W. McLellan, Assistant By-Law Enforcement Officer
Reverend Trevor Butt, Associate Pastor of Calvary Temple, offered the opening prayer.
.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that minutes of the meeting of Common Council, held on
April 21st last, be confirmed.
The Mayor referred to the New Brunswick Building Officials Association conference, which opened
in Saint John this date.
The Mayor welcomed to the meeting members of the St. Rose Girl Guides, who were accompanied by
their leaders, Shiriey McLean and Cathy" Usher.
I
Mun. Plan By-Law
Greenhead Rd
Elda M. Melanson Sub
The Common Clerk advised that the necessary advertising was completed with" respect to altering
the status of Lot 80-3 in the Elda M. Melanson Subdivision, Phase 2, comprising 9;650 SQ. m., identified
asL.R.I.S. Number 55012397 and located west and south of lots"having civic numbers 679 to 745 Greenhead
Road, by: (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan to designate
the said property as Light Industrial from its current Low.Density Residential designation; and (b) re-
zoning the said property from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classifica-
tion, to provide for the continued operation of the site as a contractor's yard" and to permit erection of
a 2400 sQuare foot building to be used for storing"and servicing construction eQuipment, as reQuested by
Angus Melanson Ltd., and that no written" objections were received in this regard.
\
Angus6Melanson Ltd.
Plan. Advis. Committ e Consideration was given to the letter from the Planning Advisory" Committee, dated April lOth,
1981, recommending that the above application not be approved, and submitting a staff report which states
that the present ~pplication, if allowed, will create an industrial zone .in the midst of a newly-developed
residential area and will no doubt have an adverse effect on the value of the lots in the.subdivision and .
upon the attractiveness of the area for residential use. The said staff report also states that the
Director of Recreation and Parks also feels that there"would be a detrimental effect on Dominion Park,
which is the City's second largest park~ and advises that although the contractor's yard is a longstanding
use, it is presently non-conforming and nothing should be done to strengthen it at this location, and it
is in the interest of the City, the existing residents and the applicant that" plans be made to phase out
the contracting yard operations in order that residential subdivision can be continued and the attractiveness
of Dominion Park is maintained.
Mr. Harry Colwell, solicitor, appeared on behalf of the applicant, Angus Melanson Ltd. He noted
that through misunderstanding or an"oversight, there was nO representation before the Planning Advisory
Committee by his client. Mr. Colwell referred to the history of this company and its occupation of .the
property continuously since 1950 and stated that it is the proposal of his client to continue the said use
for the property, which is presently a non-conforming use. He stated that because of the.size of more
modern machinery the existing" garage will not ac~ommodate"them for service and repair and that his client
proposals to erect a new building which will also make it possible to store construction eQuipment inside
instead of around the company's grounds. Referring to a reduced drawing of a. portion of the Angus Melanson
(now" Elda Melanson) property, which had been submitted with the. company's re-zoriing" application, Mr.
Colwell explained" the development" of this area over" a period of time, noting"that the land was developed
along Greenhead Road and its extension to" Tippetts Drive, and within the past few years, additional
approval was granted for further subdivision which permitted the development of Angus Street and Melanson
Drive, and that two lots near Tippetts Drive have been conveyed to the City for public purposes. He noted
that following approval for that phase of the subdivision, the company has undertaken and has completed
the complete installation of sewers and construction of streets, etc. He stated that his client proposes
to erect a new building (40 feet by 60 feet of butler-type construction) which in terms of sQuare footage
is slightly smaller" than the existing building, and advised that the area in question is lower in elevation
than the residential area, and is a treed and wooded area, and that if the re-zoning was approved under
Section 39 of the Community Planning Act, it would. be the intention of his" client to create a buffer zone
with respect to these natural resources, and his client would have no objection to such restrictions. Mr.
Colwell stated that he personally feels that the area has been developed in a very orderly and public-
minded fashion in full compliance with the City's subdivision reQuirements. In reply to a query from His
Worship the Mayor, Mr. Colwell stated that all abutting property .ownersare aware of, and have no objection
to, the proposal of his client. In reply to"a Query of Councillor Wayne, Mr. Colwell stated that his
client would have no objection to such re-zoning being subject to Section 39 of the Community""Planning
1
1
.
,...
'639
.
Mun. Plan
By-Law
Elda M. Melan-
son Subd.
679-745 Green-
head Rd
I
I
y
Mun. Plan
By-Law
Elda M. Melan-
son Subd.
679-745 Green-
head Rd
.
re-zoning
Elda M. Melan-
son Subd
Greenhead Rd
I
re-zoning
Elda M. Melan-
son Subd.
Greenhead Rd
. S.J. Bldg &
" Const. Trades
Council
contracting ou
\ of municipal
services
I
I
,
l Mary R. LeBlan
McKeil St.
.....
Act.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify Lot 80-3 in the Elda M. Melanson Subdivision, Phase 2, comprising 9,650 sQuare meters and located
west and south of lots having civic numbers 679 to 745 Greenhead Road (L.R.I.S. Number 55012397) from Low
Density Residential to Light Industrial, be read a first time.
Read a first time the by-law entitled, "A Law to. Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
On motion of Councillor Denton
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan to
reclassify Lot SO-3 in the Elda M. Melanson Subdivision, Phase 2, comprising 9,650 sQuare meters and located
west and south of lots having civic numbers 679 to 745 Greenhead Road (L.R.I.S. Number 55012397) from Low
Density Residential to Light Industrial, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint
John and Amendments Thereto".
In reply to a Query of Councillor Wayne, Mr. Rodgers suggested that for the record, Mr. Colwell should
reQuest, prior to third reading, that the proposal of his client be subject to Section 39 of the Community
Planning Act. On behalf of his client, Mr. Colwell reQuested that the proposal of his client be subject to
Section 39 of the Community Planning Act.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
" RESOLVED that the by-law entitled; "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning Lot SO~3 in the Elda M. Melanson
Subdivision, Phase. 2, comprising 9,650 sQuare meters and located west and south of lots having civic numbers 679
to 745 Greenhead Road (L.R.I.S. Number 55012397) from "R-2" One~ and Two-Family Residential"to "1-1" Light
Industrial classification, pursuant to Section 39 of the Community Planning Act, be read a first time..
Read a first time the by-law entitled," "A Law to Amend. the Zoning. By-Law of the City of Saint .John and
Amendments Thereto".
On motion of" Councillor Wayne
Seconded by Councillor Green
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of
the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning"Lot SO-3 in the Elda M. Melanson
Subdivision, Phase 2, comprising 9,650 sQuare meters and located west and south of lots having civic numbers 679
to 745 Greenhead Road (L.R.I.S. Number 55012397) from "R-2" One- and. Two-Family Residential to "1-1" Light
Industrial classification, pursuant to Section 39 of the Community Planning Act, be read a second time.
Read a second time the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John
and Amendments Thereto".
'\
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Planning Advisory Committee regarding
the above proposed amendments be received and" filed.
At this time Mr. Ross Carr, President of the Saint John Building and Construction Trades Council, read
a prepared brief from the said Council regarding contracting out of construction work, copies of which had
previously been" submitted to the Council members. Mr. Carr noted that the Saint John Building and Construction
Trades Council is representative of the construction unions named in the brief, and their 9,000 members. The
said brief suggests that if the City were to establish an in-house work force it would inherit special problems
(as outlined) which the City would find difficult to deal with; advises of the said Council's favouring of
public tender calls, public tender openings, bid bonds and holdbacks, in order to protect the taxpayers money
and to preserve the sanctity of the bidding system; states that the City's policy of renting some heavy eQuipment
can certainly be justified, as outlined.; and refers to Questions with supporting figures "raised in the C.U.P.E.
brief presented to Council in February of this year and Questions whether such figures include such things as
financing charges, depreciation, servicing, maintenance and repairs, insurance etc.; and also refers to statements
in the C.U.P.E. brief regarding the condition of eQuipment rented to the City. The brief concludes that for the
reasons as outlined, it is the position of the Saint John Building and Construction Trades Council that the City
should continue with its practice of renting of eQuipment and contracting out of construction work, and that the
said Council hopes to" continue being a part of the growth and development of the City, however, they can only
expect to do this through construction work in both the private and public sector. In brief discussion with the
Council members, Mr. Carr stated that he has had no contact with Mr. Larry Hanley of the Saint John District
Labour Council regarding the brief previously presented to Council regarding contracting out, however, the
Building and Construction Trades Council disapproves of remarks made in the said brief.
(Councillor Landers had withdrawn from the meeting during the foregoing presentation)
On motion of Councillor A.. Vincent
Seconded by Councillor Denton
RESOLVED that the brief presented by the Saint John Building and Construc~:"
tion Trades Council regarding contracting out of construction work, be received and filed and the said Council
be thanked for their presentation.
(Councillor A. Vincent withdrew from. the meeting)
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that the joint letter from the City Manager, Commissioner of
Engineering and Works, and Traffic Engineer, regarding the letter from Mrs. Mary R. LeBlanc of 544 McKiel Street
640
"
Progress payments
Beach Crescent Lift
'Station
'Armco Canada Ltd.
Tender accepted
traffic paint, etc.
Tender
;,r,-'
, '
. gasoTine & oil
Tender accepted
towing services
West Side Towing
vehicles, towing of
(storms)
LeRoy C. Palmer
Tender accepted
'Beyea's Auto Salvage
vehicle~compound
in which she expressed concerns regarding the possibility of transport trucks from Moosehead Breweries
using McKiel Street, advising that Mrs. LeBlanc's concerns are unwarranted as there has never been any
proposal either by Moosehead Breweries or City staff to route transport trucks via McKiel Street, and
that the reQuest from Moosehead Breweries previously dealt with by Council explicitly designated the .
access route to the brewery as being via Walnut and Prospect Streets to the former Hill Street entrance
and not via any residential street in the area -- be received and filed.
On motion of Councillor Gould"
Seconded by Councillor Denton"
RESOLVED that as recommended by the City Manager, authority be
granted for payment "of the following construction "progress certificate, namely:-
/.-
1.
Beach Crescent Lift Station
Supply of Slide Gates
Armco Canada Ltd.
Original estimated value of contract
Total work done, Estimate Number 1 (Final)
Retention
Payments "previously approved
Sum.recommended for payment, Progress Estimate Number 1;
dated April 21, 1981 "Final Payment
I"
$ 12,560.00
12,560.00
Nil
Nil
$ 12,560.00
On motion of Councillor Gould
I~
Seconded by Councillor Knibb
RESOLVED that as recommended by the City Manager, the tender for
supplying traffic paint, solvent, paint remover and glass beads"be awarded in accordance with the recom-
mendations contained in the submitted bid summary.
On motion of .Councillor Elliot
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the award of the
contract for supplying petroleum products for a one-year period ending April 30th, 1982 be delayed for
two weeks and that the Purchasing Agent be authorized to meet with the tenderers to negotiate, not the
price, but the terms and conditions of the tender.
.
(Councillor Landers re-entered the meeting)
On motion of Councillor Gould
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding tenders
for providing towing service for the year May 1st, 1981 to April 30th, 1982, recommending that the tender
of West Side Towing Ltd., in the amount of $20.00 per tow for vehicles up to and including 1 ton trucks,
and $30.00 per tow for vehicles larger than 1 ton trucks, be accepted -- be received and filed and the
recommendation" adopted.
1
(Councillor A. Vincent re-entered the meeting)
Councillor Elliot referred to apparent confusion during the past winter involving the cost
charged to the City for towing charges during severe storms, and stated that he will support the above
motion with the understanding that this is a tender binding on both parties. In reply to a Query of
Deputy Mayor M. Vincent, Mr. Barfoot advised that it is his understanding that the company being recom-
mended has five vehicles, including one for towing of" vehicles larger than 1 ton, and that Loyalist Day
has ten vehicles, including two or more capable of towing larger vehicles. He also stated that there was
no number of vehicles specified in the tender call for this service, and he suggested that a tender call
cannot be designed to cover the unusual conditions which occurred during severe storms this past winter.
Deputy Mayor M. Vincent asked if West Side Towing has sufficient vehicles to handle small vehicles under
normal conditions. Mr. Barfoot replied that the said company is being recommended by staff as being
satisfactory. Councillor Landers inquired if West Side Towing has" eQuipment" available to two large City
eQuipment, such as packers, graders, etc. Mr;"Barfoot advised that the City's" garage superintendent,
after having viewed the available eQuipment, is satisfied that the large vehicle of the. company is
sufficient to handle the largest City vehicle.
.
Question being" taken, the motion was carried with the Mayor and Councillors Denton, Landers and
M. Vincent voting "nay".
Mr. LeRoy C. Palmer, 65 Palmer Street, Lakewood Heights, appeared before Council regarding his
reQuest for. permission to construct a house on Lot 47, Palmer Street. Mr. Palmer stated that he was
informed that in order" to build, he would have to bring water and sewage all the way up Palmer Street,
either from Charles Street or Lensdale Crescent, which is costly and needless. as water is already at the
corner of lot 47 coming from" Lakeview Drive, and sewage" comes across lot 49 and halfway across lot 51
from Lensdale Crescent, and would only have to be extended another 50 feet" to service lot 47 as lots 47
and 51 are side by side. Mr. Palmer displayed a map showing the lots in Question", and referred to similar
permission. previously granted by Common Council" on June 11th, 1979 to Mr. and Mrs. James Lane for a
building permit to construct their home on Lot 46, Palmer Street.
1
On motion of Councillor A. Vincent
Seconded by Councillor Green 1
RESOLVED that the reQuest of Mr. LeRoy C. Palmer for permission to
construct a house on Lot 47, Palmer Street, Lakewood Heights, be referred to staff for a report at the
next meeting of Council.
" On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the tender of
Beyea's Auto Salvage, in the amount of $1,105.00, be accepted for the operation of a compound for the
storage of vehicles impounded by the Police Department, for the period May 1st, 1981 to April 30,. 1982.
.
On motion of Councillor Gould
Seconded by Councillor Denton
RESOLVED that "as rec"ommended by the City Manager and Commissioner
"...
:6,41
S.J." ,Youth
\ Proj ect
.
'Taxi Assoc.
"taxi fares
I
I
Tender accepte
Master Enter-
. "prises Ltd.
,demolition
4255 Loch
Lomond Rd
2-4 Wellington
Row
\
Dog By-Law
I
.
I
MichaeI J
~ Murray
Golf Course
,
concession
I
.
....
of Finance, approval be given to the cont~act amendment "to the agreement between the Department of the Solicitor
General and the City of Saint John regarding the Saint John Youth Project, which agreement was approved by
Common Council on December 5th, 1977, to extend the time of the project from JUly 1st, 1980 to December 31st,
1980, and to increase the total contribution by the Solicitor General from $130,047 to $135,786, and that the
Mayor and Common Clerk be authorized to execute the said cont~act amendment on behalf of the City.
On motion "of Councillor Landers
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding the reQuest of
Mr. Douglas Whipple, President "of the Taxi Association, for a change in the taxi fare structure, advising that
the changes shown on the submitted Exhibit 1 generally reflect reasonable increases based on the cost of operating
taxis, however, on Exhibit 2 the straight change from miles to kilometers is excessive at 60% and a change of
30% would be more reasonable; and recommending that Council approve the changes proposed on Exhibit 1, and that
the rate per kilometer on fares by distance be .increased to 60 cents per kilometer, and that these changes be
referred to the Legal Department for action -- be received and filed and the recommendation adopted.
Councillor Wayne suggested that the taxi rates shoUld be clarified regarding charges for groceries and
luggage. In reply to a Query of Councillor Wayne, Mr. Shuve advised that in discussion with representatives of
the Association it was stated that the reason for the reQuest that the fares be increased now and again on
September 1st is that the summer months are generally a slack period for this industry. Councillor Landers
noted that the price of gasoline will be increasing on June 1st and again on September 1st, which is also the
reason for such reQuest. Councillor Elliot asked if consideration could be given by the taxi industry to
reduced rates for handicapped persons. Councillor Landers noted that any reduced rates would be at the discretion
of the taxi owners. Councillor Denton suggested that provision for persons who have seeing-eye dogs should be
contained in the taxi fare structure.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that "as recommended by the City Manager, the tender of Master
Enterprises Ltd., in the .amount of $980;00, be accepted for demolition of property located at 4255 Loch Lomond
Road, being the lowest tender received.
In reply to a Query of Councillor"Green as to why tenders for demolition of the building located at 2-
4 Wellington Row are not being considered at this time, the Mayor noted that the matter was discussed in Committee
of the Whole earlier this date and it was agreed that such matter would be further studied.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled, "A By-Law Respecting the Control
of Dogs in The City-of Saint John Made Under the Authority of Section 97 of the Municipalities Act R.S.N.B. 1973
and Amendments Thereto" be read a third time and enacted and the Corporate Common Seal affixed thereto.
Councillor Wayne stated it is her understanding that Mr. G. Clancy. of the Animal Rescue League has not
had an opportunity to peruse the proposed by-law, and she would ask that the matter be tabled and the City
Manager meet with Mr. Clancy. The Mayor asked that any comments of Mr. Clancy on the proposed by-law be made in
writing.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that third reading of the above by-law be laid on the table
for two weeks.
Question being taken, the tabling motion was carried.
(Councillor Gould re-entered the meeting)
Read 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 begs leave to report that it sat on April 21st, 1981 when there were present Mayor
Lockhart and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent, M. Vincent and
Wayne, ,and your Committee submits the fOllowing recommendation, namely:-
1. That the proposal submitted by Mr. Michael John Murray, 28 Dorchester Street, for the operation of a
food and beverage concession at the Rockwood Park Golf Course, as follows: Food Concession - $1,012.00 for 1
year; LiQuor Concession - 11 1/4% of gross sales -- be accepted on the condition that the necessary park license
is obtained.
Saint John, N. B.,
27th April, 1981."
Respectfully submitted,
(sgd.) A. R.W. Lockhart,
Chairman.
On motion of Councillor Denton
Seconded by Councillor A. Vincent
RESOLVED that the above report be received"and filed and the recom-
mendation contained therein be adopted.
Councillor Elliot stated he will oppose the above motion as he feels the other tenderer has proven his
worth to the City as. a worthy employee and his proposal is more profitable to the City, which he outlined at
this time. Councillor Wayne spoke against the recommendation, and asked the City Manager if he recommended the
proposal of Mr. Murray, whereupon Mr. McDermott read his recommendation to Council in Committee of the Whole
that the proposal of Robert A. and Constance J. Creamer be accepted. Councillor Wayne asked the City Solicitor
if it is proper for Council to award a proposal where the returns will not be as profitable for the City, and
the. only justification received in Committee of the Whole last week was because certain Councillors knew Mr.
Murray. Mr. Rodgers replied he is not aware of the personal knowledge with respect to individuals but assuming
the motion before Council is in good faith, he is not aware of anything illegal about the motiOn
6ot;2"
Land Committee
'City Road Armouries
Lease
'Kinsmen Club
Land Committee
223-225 Rockland Rd
\Ralph J. Stephen
North/South ArteriaI
,
~North/South Arterial
Brotherhood of
, Railway, Airline an
Steamship Clerks,
Freight Handlers,
Express and Station
EmpIoyees
Emergency Measures
\ By- Law
,Eric L. Teed
Investors Limited
property cor Union
and Wellington Row
'Ten Eych Hotel
'W. John Baird
Vehicle, storage in
Lorneville
\
Taxi By-Law
.,
Councillor Wayne repeated her Question. Mr. Rodgers stated he is not going.to comment on proper or
improper administrative business decisions. Councillor ,Knibb stated he will oppose the motion as he
feels that Robert A. and Constance J. Creamer, who had" this concession for a number of years, should
continue to have the concession, and ~heir proposal would result in a larger return to the City through .
the liQuor concession than the proposal being recommended. Councillor MacCallum stated he voted for the
proposal of Mr. Murray in Committee of the Whole last week, however, he will oppose the proposal at this
time as he has since found a great difference in return to the City between .the two proposals received.
The Mayor stated that as chairman of the Committee of the Whole meeting he recalls no conversation, as
has been suggested at this meeting, which indicates that Councillors present were friends of Mr. Murray -
he believes the indication was that they knew Mr. Murray. Deputy Mayor M. Vincent spoke in support of the
recommendation, noting .that the concession is not a continuation of the .present concession, and that he
is aware of the record of Mr. Murray in managing licensed facilities, and he feels such experience is
necessary at .this location to eliminate any problems whlch might occur.. He furth~r noted . that in the
past Mr. Murray had managed the ski club at Rockwood Park, "and he feels the difference in. return to the I
City between the two "proposals for this concession is not. that great in consideration of having a person
who has considerable experience in managing licensed establishments. Mr. Nicolle reported "that staff had
some concern about the experience of Mr. Creamer, and"that he has been advised that if .successful, Mr.
Creamer has a consultant willing to work with him over the next. few months, who has some 15 years .experience
in the bartending business.
Question being taken, the motion "was carried with Councillors Elliot, Gould, Knibb, MacCallum.
and Wayne. voting "pay".
I
On motion of Councillor A.Vincent
Seconded by Councillor Landers
. RESOLVED that as recommended by the Land Committee, the remaining
space at the City Road Armouries building, presently used by the Kinsmen Club, be leased to the Kinsmen
Club at a rental of $3,000.00 per month for a period of five years commencing June 1st, 1981, and that
the lease as drawn up by the Legal Department include the terms and conditions as shown in the submitted
letter of acceptance from the Kinsmen Club, and that the May~r and Common Clerk be authorized to execute
any and all documents pertaining to this transaction.
Councillor A. Vincent, chairman of the Land'Committee, referred to an offer to purchase property
at 223-225 Rockland Road, owned by Mr. Ralph J". Stephen, for the sum of $65,000.00, which was approved at
the last Committee of the Whole meeting, " and" advised that a letter has been received from Mr. Stephen's
solicitor this date, accepting such offer to purchase.
.
On motion of Councillor A. Vincent
Seconded by Councillor Denton
RESOLVED that authority be granted for the purchase of property
located at 223-225 Rockland Road, owned by Mr. Ralph J. Stephen, for thesum.of $65,000:00, such property
being reQuired for construction of the North/South"Arterial, with vacant possession to be made available
to the City. "
Councillor Wayne' stated she will oppose the above motion as she feels the City should have gone I
to expropriation, and that she feels the City Manager should.prepare a proper".procedure for Council
regarding the second and third phases of the North/South Arterial, providing for a proper" survey to be
done in advance and then expropriate the reQuired properties. .
Question being taken, the motion was carried with the Mayor and Councillors Elliot, MacCallum '
and Wayne voting "nay".
On motion of Councillor Wayne
Seconded by Councillor A. Vincent
RESOLVED that the City Manager be reQuested to prepare a
procedure for the aCQuisition of properties for Phases 2 and 3 of the North/South Arterial.
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the letter from the Winterport Lodge 797, Brotherhood
of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, advising that
the membership of the said Union supports the Saint John District Labour Council in its stands against
the Emergency Measures By-Law, and that the membership is concerned about the labour-management relationship
between the Council and its employees, be received and filed.
.
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED" that the letter from Mr. Eric L. Teed. on behalf of
Investors Limited, owner of property located at the corner of Union Street and Wellington Row, advising
that the Co~p~ny cannot lawfully comply with the, order that" this property be removed or.destroyed as
Investors Llmlted ceased to be the owner of .the property by reason" of a tax sale held on February 28th,
1981, be received and filed.
I
On motion of Councillor Elliot
Seconded by Councillo~ Denton
. . "RESOLVED that the letter from Mr. W.'John Baird regarding the use
of property at Lorneville for the' storage of vehicles, be referred to the City Manager for a report and
recommendation.
I
amendment
Councillor Gould asked if it was the intention of Council to give first reading.to the proposed
to the Taxi By-Law, which had been considered earlier in the meeting.
On motion of Councillor Gould
Seconded by Councillor A." Vincent
RESOLVED th"at the by-law entitled, "A By-Law to Amend A By-Law
Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The. City of Saint John",
be read a first time.
.
"..
G ,4;:t
.
1
.1
.
1
Awareness Week
,International
Year "of the
Disabled
, Loyal ist Days
Inc.
.
I
I
"De Stecher,
. Miller & Law
Ltd.
.....
Re"ad a first time the by-law entitled, "A By-Law to Amend A .By-Law Respecting the Regulating and
Licel}sing of Owners and Operators of Taxicabs in The City of Saint John".
On motion
The meeting adjourned.
J(/&/~},flk"
Common Cler
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fourth day of
ay, A. D. 1981, at 4.00 o'clock p.m.
present
A. R. W. Lockhart, ESQuire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum,
A. Vincent, M. Vincent and Wayne
- and -
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, D. Wilson,
Deputy Commissioner of Finance, J. C. MacKinnon, Commissioner of Engineer-
ing and Works, S. Armstrong, Deputy Commissioner of Engineering, J. Gabriel,
Deputy Commissioner of Works, M. Winch, Deputy Commissioner of Community
Planning, J. F. Ross, Chief of Pol~ce, J. Brownell, Assistant Director
of Recreation, J. Johnson, Building Inspector, R. Thompson, Chief of
Rehabilitation Services, K. Galbraith, Administrative Assistant.to the
Mayor, and R. Adams and T. Shuve of the Property Management Branch
Lieutenant Garry Pearce of The Salvation Army offered the opening prayer.
On motion of Councillor Gould
Seconded by Councillor M. Vincent
RESOLVED that minutes of the meeting of Comrrion Council, held on April
27th last, be confirmed.
The Mayor noted that this week marks the commencement of the annual Red Shield Appeal of The Salvation
Army. Councillor MacCallum, a member of the advisory board of The Salvation Army, outlined his association with
the said organization and the Red Shield Campaign, and noted the 'great work done by The Salvation Army in the
City of Saint John. Councillor Wayne, chairperson of the Red Shield campaign for 1981, advised that an amount of
$90,000.00 is required to be raised this year and she asked the co-operation of the public in this annual
campaign.
In commemoration of Awareness Week in Saint John (being held in conjunction with the International
Year of the Disabled) and with the co-operation of the various disabled groups in the City, the Mayor advised
that he has agreed to spend today in a wheelchair as a learning experience to try and understand some of the
problems faced daily by the disabled. He urged citizens to visit the displays in Brunswick SQuare this week by
various groups representing the disabled in the City.
Councillor Gould referred to the fact that the major entertainment previously approved by Council for
the 1981 Loyalist Days celebrations is now unable to visit Saint John, and asked that consideration be given to
adding an item to the Council agenda at this time, namely, a letter from Loyalist Days Inc., regarding "proposed
entertainment for such festivities. Copies of the said letter were distributed to the Council members at this
time.
On motion of Councillor Gould
Seconded by Councillor Elliot
" RESOLVED that an item with regard to major entertainment during the
forthcoming Loyalist Days celebration, be added to the agenda and considered at this time.
Question being taken, the motion was carried with Councillors MacCallum and Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor Gr~en
RESOLVED that the following reQuests of Loyalist Days Inc. be granted
regarding a performance by Charlie Pride "and Company, "to be held at Exhibition Park on Tuesday, July 21st, 1981,
namely: a grant of $22,000.00 in U.S. funds to" Loyalist Days Inc.; work crew to. erect stage on Tuesday morning,
July 21st; bleachers from City parks to be delivere~ and erected Tuesday morning; and work crew to set up and
remove 2,000 chairs.
Question being taken, the motion was carried.with Councillors MacCallum and Wayne voting "nay".
On motion of" Councillor A. Vincent
Seconded by Councillor Green .
RESOLVED that as recommended by the City Manager, approval be granted for
payment of the following accounts for professional services in connection with court costs in the aCQuisition/ex-"
propriation of properties reQuired for the North End Urban Renewal Scheme, the approval of the Partnership for
payment of the said accounts having been acknowledged, namely:-
De Stecher, Miller
F-6-19-24
L-6-19-19
L-11-22-16
&.Law.Ltd.
22-24 Nelson Street
8-9 N. Market Wharf
406 Main Street
in Trust
$ 1,622.65
1,657.05
197.55
$ 3,477.25
Irving Oil Ltd.
Canada Permanent
Charles Lawson
,
6~4
"
Appraisals (Fundy)
, Ltd.
PaImer, O'ConneII,
, Leger, Turnbull &
Turnbull
\ LeRoy C. Palmer
re water & sewer
services
Tender accepted
,demolition
,Paul' 5 Trucking &
Demolition Co. Ltd
23 Barker Street
City Solicitor
Irene E. H. Stack-
..... house
99 Moore Street
City SoIicitor
1985 Canada Summer
Games
Board of Directors
Appraisals (Fundy)
F-5-1-24
F-6-19-24
Ltd.
,9 Water Street
22-24 Nelson Street
$ 2,745.00
2,054.25
$ 4,799.25
Eastern Trust Company
Irving Oil Ltd.
.
Palmer, O'Connell,
F-11-20-26
L-11-22-16
L-5-1-10
L-6-19-25
L-6'-19-19
F-5-1-24
F-6-19-24
Leger, Turnbull & Turnbull
41-45 Harrison Street
406 Main Street
9-10 South Market
75 Dock Street
8-9 North Market
9 Water Street
22-24 Nelson Street
M. Evans )
C. Lawson )
A. O'Neill )
Irving Oil Ltd. )
Canada Permanent in Trust )
Eastern Trust Company )
Irving Oil Ltd. )
$10,318.27
1
" "
On motion of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED ~hat the letter from the City Manager regarding the
request of Mr. LeRoy C. Palmer for permission to hook water and "sewer services for a house proposed to be
constructed on Lot 47, Palmer ~treet, to existing water and sewer services on private property, advising
that staff have looked into the various factors involved in this request and a"major problem lies in the
request for a new home to be hooked into existing private water and sewer 'laterals, and such a situation
inevitably gives rise to future difficulties and is contrary to City policy; and advising that a full
report should be ready for the next meeting of Council, be received and filed, with the final report to
be presented at the "next meeting of Council.
I
On motioq o~ Councillor Landers"
" " "
Seconded by Councillor Denton
" " "RESOLVED that as recommended by the City Manager, the tender of
Paul's Trucking & D~molition Company Ltd:, in the amount of $1,440.00; be accepted for demolition of
City-owned property located at "2~Barker "Street, being the "lowest tender received.
On motion of Councillor Landers
.
.Seconded by Councillor Denton
RESOLVED that the letter from the City Solicitor regarding the
aCQuisition of the leasehold interest in property at 99 Moore Street (L-IO-il-ll) from Irene E. H.
Stackhouse, which matter had been referred to the Legal Department for a report on the Questions raised
at Council's meeting of March 16th last regarding the purchase of" such leasehold interest, advising that
he has been abl~ to determine that the City purchased the freehold interest of the above-noted property
in 1969, and that the freehold property was aCQuired in. 1969 "out of'phase", that is, before it was
actually reQuired; further advising that he is told that the City aCQuired the land because the owner of
the freehold was negotiating with the City for the sale of other properties in another area in which the
Urban Renewal Depa~tment was assembling land as an "in phase" project; and that "it was known by the Urban
Renewal Department" at the. time the freehold was purchased that a leasehold existed and apparently the
Urban Renewal Depa~tment is ~ow in the process" of" clearing up outstanding'leasehoid interests in this
area -- be received and filed: "." .
I
"AND FURTHER that approval be gi~en for the aCQuisition of the leasehold interest in property at
99 Moore Street (L-IO-ll-ll), from Irene E. H. Stackhouse for the amount of $7;000.00, free and clear of
all encumbra~ces, the ~pproval of "the Partne~ship for the "acQuisition of this property having been
acknowledged.
Councillor MacCallum stated that while he is not opposed to the. above purchase; he is opposed
to the manner in which this matter was handled, and he questions if ground rent was paid to the City from
the date of purchase of the freehold interest."
On motion of Councillor M. Vincent
Seconded by Councillor Gould
RESOLVED that the letter from the City Solicitor regarding the
report from the Interim Committee on the 1985 Canada Games, which was adopted by Council on April 6th
last and which included, among other things, an application for incorporation of the Saint John 1985
CaClada Summer Games Society, Inc., advising that the application" for incorporation stated that the "Board
of Directors of the company shall be comprised of not more than 18 persons"; and he understands that the
Committee" is desirous"of having the number of board of directors regulated"by the cOmpany's by-laws
rather than spelled out in"the application for incorporation; and further advising that to accomplish
that purpose and also provide the necessary control with the Council, he is recommending that the appli-
cation for incorporation contain the following provision: "The Board of Directors of the Company shall be
appointed annually in accordance with the by'-laws of the Company. . A majority of the Board of Directors
of the Company shall at all times be comprised of persons approved by the Common Council of the City of
Saint John in accordance with" the by-laws of the Company. Qualifications of a person to serve as a
director of the Co~pany shall be established from time to time in the by-laws of the Company. The
Chairman of the Board of Governors and the President of the" Company shall be appointed annually by the
Common Council" of the City of Saint John in accordance with the by-laws of the Company." -- be received
and filed and the recommendation adopted.
.
I
During discussion of the above,matter, several Council members. expressed concern that as Council
is not aware .of, and has no control over, the by-laws to be adopted by" the proposed company, this could
have implications for the City. Council was advised by the City Solicitor that the control of Council is I
by way of annual appointment of the Board of Directors of the company. The" Question of whether the
proposed by-laws would contain provision for the removal of a director by Council, for cause, prior to
expiration of such appointments, was also raised." " .
On motion of Councillor Elliot
Seconded by Councillor Denton
RESOLVED that the above matter be laid on the table for one week,
and that a meeting be held with members of the Canada Summer Games Committee in this regard.
Question being taken, the tabling motion was carried.
.
On motion of Councillor Landers
Seconded by Councillor A. Vincent
RESOLVED that the letter from the City Solicitor, submitting
".-"
,6~~
~
.
Taxi By-Law
taxi fares
I
,.
-I
.
~I
CerebraI Palsy
Foundation
\ Saint John In
.
Mun. Plan
By-Law
Elda M.
Melanson
Greenhead
Subd
Rd
an amendment to the Taxi By-Law which was given first reading by Council on April 27th, 19S1, and advising that
in adopting the proposals, Council among other things dealt with a taxi fare for "small moving jobs" and "boost
jobs" and in his opinion there is no authority under the Municipalities Act for Council to regulate and set a
fee for such items, and conseQuently, the by-law has been drafted without any reference to "these matters __ be
received and filed:
AND FURTHER that the by-law entitled, "A By-Law to Amend A By-Law Respecting the Regulating and Licensin@
of O,mers and Operators of Taxicabs in The "City of Saint John", be read a second time.
Councillor Wayne noted that the proposed amendment provides that the following provision of the by-law
regarding charges for luggage, namely: "One piece of hand luggage...free. Additional pieces of luggage handled
by operator... $.50 each" be deleted and the following substituted: "All luggage... $.50 per piece.". She suggested
that in order to avoid confusion regarding luggage carried by passengers, .this section of the by-law should
remain as at present. .
Moved in amendment by Councillor Wayne"
Seconded by Councillor MacCallum
RESOLVED that the above proposed amendment to the Taxi By-Law be
amended by "deleting therefrom the proposed subsection (g) of Schedule "C".
(Councillor Gould withdrew from the meeting)
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended"was carried.
Read a second time the by-law entitled, "A By-Law to Amend A By-Law Respecting the Regulating and
Licensing of Owners and Operators of Taxicabs in The City "of Saint John".
On motion of Councillor Landers
Seconded by Councillor Elliot
RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting
the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John", be read a third
time and enacted"and the Corporate Common Seal affixed thereto.
The by-law entitled, "A By-Law to Amend A By-Law Respecting the Regulating and Licensing of Owners and
Operators of Taxicabs in The City of Saint John", was read in its entirety prior to adoption of the above
resolution.
On motion of Councillor Elliot
Seconded by Councillor Green
RESOLVED that the letter from Anna G. Boyle, President of the Cerebral
Palsy Foundation Saint John Inc. advising that the proposed taxi fare increases will be an added financial
burden to the physically disabled who must rely .on taxis for transportation, and reQuesting that the Taxi By-Law
provide that the permanently physically handicapped of the City of Saint John will receive consideration for a
discount, be received and filed and the taxi association be asked to give consideration to reduced fares for the
permanently physically handicapped, as is presently given to senior citizens.
(Councillor Gould re-entered the meeting)
Prior to adoption of the above motion, it was noted that such reduced fares are given at the dis-
cretion of the taxi companies, and cannot be regulated by Council.
On motion of Councillor Green
Seconded by Councillor Wayne
RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-
Law of the City of Saint John and Amendments Thereto", by. amending Schedule 2-A, the Future Land Use Plan to
reclassify Lot SO-3 in the Elda M. Melanson Subdivision, Phase 2, comprising 9,650 sQuare meters and located
west and south of lots having civic numbers 679 to 745 Greenhead Road (L.R.I.S. Number 55012397) from Low
Density Residential to Light Industrial, be read a third time and enacted and the Corporate Common Seal affixed
thereto.
\ Angus
The by-law entitled, "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend-
Melanson
ments Thereto" was read in its entirety prior to adoption of the above resolution.
Ltd.
1
re-zoning
Elda Melanson
Subd
Greenhead Rd
I
.
.....
(Councillor Wayne withdrew from the meeting)
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED that the by-law entitled,. "A Law to Amend the Zoning By-Law of
the City of Saint John. and Amendments Thereto", insofar as it concerns re-zoning Lot SO-3 in the Elda M. Melanson
Subdivision, Phase 2, comprising 9,650 sQuare meters and located west and south of lots having civic numbers 679
to 745 Greenhead Road (L.R.I.S. Number 55012397) from "R-2" One- and Two-Family Residential to "I-I" Light
Industrial classification, be read a third time and enacted and the Corporate Common Seal affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the proposed re-zoning of the
above property be on the condition that upon re-zoning, the said property shall not be developed or used except
in accordance with the proposal of Angus Melanson Ltd.
The by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments
Thereto" was read in its entirety prior to adoption of the above resolution.
(Councillor Wayne re-entered the meeting)
Read 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 begs leave to report that it sat on April 27th, 19S1 when there were present Mayor
6.~,6
'N.B. Building
Officials Assoc
Atlantic Building
, OfficiaIs Council
, Gran t
,car mileage alIowanc
, Counc. GouId
Canadian Parks &
"Recreation Assoc.
\
Sea Belles
Inc
Grant
"
Lockhart and.Councillors Denton, Elli9t, Gould, Green, Knibb, Landers, "MacCallum, A. Vincent, M. Vincent
and Wayne, and your Committee submits the following recommendations, namely:-
1. That with regard to the. reQuest for a grant for the conference of the New Brunswick Building
Officials Association and the Atlantic Building Officials Council, held in Saint john from April 26th to
29th, a grant of $1,000.00 be approved.
.
2. .That .as recommended by the City Manager, the Provincial rates be" adopted for reimbursing City
employees for the use of private cars on City business, effective May 1st, 1981, as follows:
First 7,000 km
7001 - 14,000 km
over 14,000 km
$0.i75
'$0.160
$0.140
I
per km
per km
per km
3. That permission be granted for Councillor
Association national convention to be held in Saint
national convention, to be held in Calgary, Alberta
Gould, co-chairman of the Canadian Parks and Recreation.
John in 1983, to attend the Association's 1981
from August 9th to 13th.
of Harmon 4.
Training
That the
Programme
reQuest of the Sea Belles of Harmony Inc. for a grant regarding the Annual Harmony
to be held. in Saint John from June 5th to 7th,. 1981, be denied.
Plan. Adv. Committee
'C. J. Adcock
re-zoning
24-30 O'Brien St
Mun. Plan By-Law
Plan. Adv. Committee
re-zoning
Major Institutional
classification
Saint John, N. B.,
4th May, 1981.
Respectfully submitted,
(sgd.) A..R. W. Lockhart,
Chairman.
I
On motion of CouncillorM. Vincent
Seconded by Councillor A. Vincent
RESOLVED that section 1 of the above report be adopted.
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that sec~ion 2 of the above report be adopted.
.
Question being taken, the motion was carried with Councillor A. Vincent voting "nay".
(Councillor Gould withdrew from the meeting)
On motion of Councillor Wayne.
Seconded by Councillor Green
RESOLVED that section 3 of.the above report be adopted.
Question being taken, the motion was carried with Councillors Landers and MacCallum voting
"nay".
I
(Councillor~Gould re-entered.the meeting)
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED.that section 4 of the above report be adopted.
Question being taken, the motion was carried with Councillors Green and A. Vincent voting
"nay".
In reply to a Query of Councillor A. Vincent, Mr. Park. advised that citizens are free to give
funds to the municipality at any time, and that such donations are tax deductible for income tax purposes,
although the donor may not make such donation to the City conditional..
On motion of Councillor Green
.
Seconded by Councillor Elliot
RESOLVED that the letter from the Planning Advisory Committee,
advising that at the reQuest of the. Planning Branch and with the agreement of the property owner, the
application of Mr. C. J. Adcock for the re-zoning.of properties at 24-30 O'Brien Street from "RM_ln to
"1-3" Light Industrial Park, was considered by the COlDmittee on April 28th, 1981; further advising .that
the reason for the re-zoning is to correct an apparent error resulting from" a 1962 re-zoning of adjoining
properties, and to facilitate .expansion of an existing building, and because of this situation the
Planning Department has initiated this application with the" agreement of the property owner; and recommending I
that the subject sites be reclassified in the Municipal Development Plan from Low Density Residential to
Light Industrial and be re-zoned from "RM-l" to "1-3", and that advertising be authorized and the date
of a public hearing be set -- be received and filed and authority. be granted for the necessary advertising
in this regard, with the. public hearing to be held on June 8th, 1981.
On motion of Councillor Denton
Seconded by Councillor Landers
RESOLVED. that the letter from the Planning Advisory Committee
recommending that the following five areas designated in the. Municipal Plan as Major Institutional,
namely: Dr. W. F. Roberts Hospital; Millidgeville North High School; ROdgewood Centre; U.N.B.S.J.; and
St. Joseph's Hospital, the Cathedral and adjacent properties; be re-zoned to "IL-2" Major Institutional
and that advertising be authorized and a date for the reQuired public hearing be set --be received and
filed and authority be granted for the necessary advertising in. this regard, with the public hearing to
be held on June 8th, 1981. . "
I
In reply to a Query of CouncillorM. Vincent, Mr. Winch advi;ed that there ar.e approximately
200 properties which will require re-zoning to conform to the Major.Institutional classification in the
Zoning By-Law. Councillor A. Vincent stated that due to problems being encountered as a result of such
change, he would like to see the remaining areas requiring such re-zoning to be presented to Council .
next week. Councillor A. Vincent asked Mr. Winch. the status of the application of St. Ann's Church for
re-zoning, in order to construct a rectory on their property.in Glen Falls. Mr. Winch advised that the
recommendation of the Planning Advisory Committee regarding this proposed.re-zoning will be considered
...4
"..
.
Land Committee
'W. E. Campbell
161 Queen St.W
,I
Land Committee
'James Pitt
90-92 St. Jame
Street West
,
S.J. Environ-
... ment Com.
" U.N.B.S.J.
Minister of
, Environment
.
I
Counc. Wayne
Brookville
'. Torryburn
Assoc.
re pits &
, quarries
.\Counc. Wayne
Golf Course
,
concession
I
'- Counc. Denton
, Throughway
, tree planting
I
, re- zoning
Scottish Enter
, prises Ltd
Boar's Head Rd
.
....
6'47
by Council at a public hearing to be held, however, the said Committee has aIso given temporary approval for a
building permit. Mr. Johnson reported that such building permit will presumably be issued tomorrow.
On motion of Councillor A. Vincent
Seconded by Councillor Landers
RESOLVED.that as recommended by the Land Committee, authority be granted
for the sale of the freehold interest in property at 161 Queen Street West (Lots 471 and 478, Brooks Ward). to
Mr. W. E. Campbell for the sum of $2,500.00, and that the Mayor.and Common Clerk be authorized to execute any
and all documents pertaining to this transaction.
On motion of Councillor A. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Land Committee, authority be granted
for :sale of the freehold interest in property at 90-92 St. James Street West (Lot 1088, Brooks Ward) to Mr.
James Pitts for the sum of $4,000.00, and that the Mayor and Common Clerk be authorized to execute any and all
documents pertaining to this transaction.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that the letter from the Saint John Environment Committee
advising that the University of New Brunswick, Saint John Campus, in co-operation with The Honourable Eric
Kipping, Minister of Environment, has developed and is presenting a credit course on Environmental Law for
Management for students attending at the Saint John Campus, which is believed to be the first course on Environ-
mental Law which can be taken by persons who were not entrolled in the Law School, which the Committee feels is
a significant recognition of the importance of our environment. and is important for our students who may in the
future be involved in business decisions, and will provide them with an understanding of the problems of
Environmental Law in relation to operation of. businesses -- be received and filed and the University of New
Brunswick and the Minister of Environment be commended for this innovative and positive step in arranging for
the course on Environmental Law for Management.
On motion of Councillor Landers
Seconded by Councillor Gould
RESOLVED that the City Manager and appropriate City staff be instructed
to take the necessary steps to have the island in the middle of Champlain Drive cleaned up and cleared so as to
become. an asset to the area and the City of Saint John:
AND FURTHER that the letter from Councillor Landers in the above matter be received and filed.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding the reQuest
considered at Council's meeting of March 30th from the Brookville and Torryburn Association for an up-to-date
report with regard to pits and Quarries, and also reQuesting some action with regard to speeding of trucks and
overloading of trucks coming from the lime quarry at Brookville, be received and filed and the City Manager be
reQuested to look into the matter of the committee established on pits and Quarries with regard to Provincial
representation on the said committee, as well as the matter of tarps being placed on the trucks, and submit a
report at the next meeting of Council.
Prior to adoption of the above motion, Mr. Winch advised that the committee referred to in the above
letter was under the auspices of the Planning Advisory Committee, and that the said committee has basically
finalized its work and will be reporting to the Planning Advisory Committee in the near future. He advised
that the Provincial representatives on the said committee were Messrs. J. Hayden, D. McRae and Silliphant, of
the Department of the Environment; Mr. Donald Barnett of the Natural Resources Department; and Messrs. L.
Gilbert and George Weir of the Occupation Health and Safety Commission.
On motion of Councillor Wayne
Seconded by Councillor MacCallum
RESOLVED that the letter from Councillor Wayne regarding the golf
course concession be withdrawn from the agenda.
In proposing the above motion, .CouncillorWayne stated that in view of further information she received
his date, she would prefer that this matter be dealt with by Council in Committee of the Whole.
Question being taken, the motion was carried with the Mayor and Councillors Denton, A. Vincent and M.
incent voting "nay".
On motion of Councillor Denton
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor Denton proposing a program of
lanting of trees, shrubs and plants in the centre sections and, where possible, along the slopes of the
hroughway, be referred to the City Manager to convene a meeting between the Bicentennial Committee, City
taff, and appropriate Provincial departments.
(Councillor Elliot withdrew from the meeting due to a possible conflict of interest .regarding the
ext matter to be considered).
On motion of Councillor Wayne
Seconded by Councillor Landers
RESOLVED that the application of Scottish Enterprises Ltd. for re-
oningof property on Boar's Head Road, be referred to the Planning Advisory Committee for a report and recom~
endation and that authority be granted for the necessary advertising in this regard, with the public hearing
o be held on June 8th, 1981. .
(Councillor Elliot withdrew from the meeting)
648
..,
re-zoning
~terling Investments
Ltd.
11 0 Metcalf St..
On motion of Councillor.Landers
Seconded by Councillor Gould
RESOLVED that. the application of Sterling Investments Ltd. for re-
zoning of property at 110 Metcalf Street, be referred to the Planning Advisory Committee for a.report and
recommendation and that authority be granted for the necessary advertising in this regard, with the
public hearing to be held on June Sth, 1981.
On motion of Councillor Wayne
Seconded by Councillor M. Vincent
RESOLVED tnatthe letter from the Church of the Nazarene,
the Naza="" advising of the progress of renovations to the Sand Cove Road property (the former Provincial Hospital
Annex property), be received and filed.
'Church of
rene
Sand Cove
Rd propert
\
John D. McAulay
Eastern Arterial
Deferred Widening
By-Law
re garage
Land Committee
. Haldane Thorne.
214 Rockland Rd
North/South
Arterial
Committee of
Citizens L. B. R.
Lord Beaverbrook
Rink
re incorporation
On motion of Councillor Wayne
Seconded by Councillor Green
RESOLVED that the letter from Mr. John D. McAulay, reQuesting
permission to construct a garage on property on Westbrook Avenue, which area lS affected by the Eastern
Arterial Deferred Widening By-Law, be referred to the City Manager for a report and recommendation.
Councillors Landers and A. Vincent stated they feel Council should make a decision as Soon as
possible on whether to.proceed with the Eastern Arterial project.
On motion .of Councillor Gould
Seconded by Councillor Wayne
" RESOLVED that this meeting continue, in legal session.
"(His Worship the Mayor had withdrawn.from the meeting prior.to legal session.)
Councillor A. Vincent, chairman of the Land Committee, apprised Council of a problem being
encountered regarding property owned by a Mrs. Thorne on Rockland Road, and .the affect the construction
of the North/South Arterial will have on this property. He stated that although this property is .not
reQuired for this project, it will be necessary to construct an IS-foot wall between the front of this
property and the highway, at an estimated cost of $75,000.00, for which funds will be provided by the
Provincial Government; however, if the City purchases this property, such retaining wall will not be
constructed. He advised of negotiations conducted by the Land Committee for the purchase of this property,
and reported that negotiations are continuing, although if Council decides to purchase the property, such
purchase must be funded by the City.
(Councillor A. Vincent withdrew from the meeting)
Regarding the letter from the Committee of Citizens regarding future operations of the Lord
Beaverbrook Rink, Mr. Rodgers stated it is his recommendation, based on .the legal opinion received by the
Ci ty, that authority be given for the creation of a company to operate the Lord Beaverbr.ook Rink, and
that following creation of such company, that the necessary steps be taken to have the. courts appoint the
said company as the new trustees to manage the Rink, in conjunction with the spirit of the agreement with
Lord Beaverbrook. He noted that the application for incorporation of the proposed company would provide
that Council would control the appointment of the Board of Directors.
On motion of Councillor Landers
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Solicitor, authority be
granted fpr incorporation of a company and that. following creation of such company, application be made
to the courts to have such company appointed as trustees under the agreement with Lord Beaverbrook to
manage the Lord Beaverbrook Rink:
AND FURTHER that, in the interim, the present Committee of Citizens Inc. be empowered to
continue to carry out the administration and operating schedUle for the Lord Beaverbrook Rink.
On motion
The meeting adjourned.
~jY!:{~ne"
.
I~
d-'
'~.i;l..
, "
~
.
1
J
.
At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eleventh I
day of May, A. D. 19S1, at 7.00 o'clock p.m.
present
A. R. W. Lockhart, ESQuire, Mayor
Councillors Denton, Elliot, Gould, Green, Knibb,.Landers,.MacCallum,
A. Vincent, M. Vincent and Wayne
. and
Messrs. A. G. McDermott, City Manager, R. Park, Commissioner of Finance,
F. Rodgers, City Solicitor, N. Barfoot, Assistant City Manager, J. C.
MacKinnon, Commissioner of Engineering and Works~ M. Winch, Deputy
Commissioner of Community Planning, C. E. Nicolle; Director of Recreation
and Parks, J. F. Ross, Chief of Police, J. Johnson, Building Inspector,
M. Hanlon; Purchasing Agent, W. Collett, By-Law Enforcement Officer,
K. Galbraith, Administrative Assistant to the Mayor, and T. Shuve of
the Property Management Branch
Reverend Stanley Sears of Centenary-Queen Square United Church offered the opening prayer.
I
.
....
,...
~',...... r~:
649
.
~I
l,
I
Union
'Local 61
Dog By-Law
'City Manager
.
I
Dog By-Law
.
I
I
Tender accepte
gasoline &
oils
Imperial Oil
. Shell Canada
Petrofina Can-
ada Ltd
Irving' Oil
(MOTION WITH--
DRAWN)
.....
On motion of Councillor Denton
Seconded by Councillor Gould
RESOLVED that minutes of the meeting of Common Council, held on May 4th
last, be confirmed.
The Mayor welcomed to the meeting members of the St. Luke's Scout Troop, accompanied by their leader,
Mr. Gary Mayes, and noted that the said Scouts are working toward a Citizenship Badge.
The Mayor referred to the 1981 edition of the "Up With People Show" which will be appearing on Saint
John on May 26th and 27th, 1981, being presented .by the Saint John Rotary and Interact Club, and features a
talented international cast and band of 100 young men and women. He noted that the group which will visit
Saint John is one of five touring companies consisting of approximately 550 young men and women representing 23
countries, including 22 students from five Canadian provinces.
At this time the Mayor read the following statement:
"Common Council has reviewed the report of the Conciliation Board in connection with the settlement of a new
collective agreement with the Saint John Policemen's Protective Association. The Council is disappointed with
the report. While the report has recommended substantial wage improvements for members of the bargaining unit,
the majority report of the Board failed to resolve certain issues of importance to the City. Further, Council
feels the improvement in benefits. suggested by the Board is excessive given the wage increase proposed by the
Board. The Council has directed the City bargaining committee to meet the Union bargaining committee as soon
as possible in an attempt to develop a settlement acceptable to both parties;"
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
. RESOLVED that the letter from the City Manager regarding the reQuest
of Council that he meet with Mr. G. Clancy of the Animal Rescue.League with respect to the proposed Dog By-Law,
submitting a report from the By-Law Enforcement Officer which responds in detail to the various points raised
by Mr. Clancy and the Animal Rescue League, and noting that, contrary to the information given to Council, Mr.
Clancy had been given many opportunities for input, and also had reviewed the entire proposed by-law with Mr.
Collett prior to it being submitted to Council; advising that it is the By-Law Enforcement Officer who is
charged with the enforcement of the by-law, not the Animal Rescue League, and so it is Mr. Collett's judgement
which must be given greatest weight; and recommending that third reading of the Dog By-Law be proceeded with __
be received and filed.
Councillor Landers suggested that the only way that the problems with dogs can be controlled is by
providing in the by-law that all female dogs, except those used for breeding purposes, must be spayed. Mr.
Collett replied that this suggestion was considered and discussed with the Legal Department and it was felt it
was unreasonable at this time, however, the matter of a public education programme to encourage citizens to
have their dogs spayed voluntarily was considered, and that even. if such a provision could be legally included
in the Dog By-Law, enforcement of such a provision would be a problem. Councillor Landers suggested that
perhaps there should be a greater differential in the license fee for unspayed female dogs.
Question being taken, the motion was carried with Councillors Landers and Wayne voting "nay".
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "A By'-Law Respecting the Control of
Dogs in The City of Saint John Made Under the Authority of Section 97 of the Municipalities Act R.S.N.B. 1973
and Amendments Thereto" be read a.third time and enacted and the Corporate Common Seal affixed thereto.
At this .time the Common Clerk read in its entirety the by-law entitled, "A By-Law Respecting the
Control of Dogs in The City of Saint John Made Under the Authority of Section 97 of the Municipalities Act
R. S.N .B. 1973 and Amendments Thereto".
In reply to a Query of Councillor "Elliot, Mr. Rodgers advised that section 7 of the above by-law
entitled "Severability", does not affect the validity of the by-law. Councillor A. Vincent stated he understood
hat arrangements woUld be made for people to retrieve a dog from the Animal Rescue League after working hours.
. McDermott reported that this matter was discussed with representatives of the Animal Rescue League and that
he necessary steps will be taken to have such an arrangement by way of a special telephone number. Noting
hat the new by-law provides for an annual license fee, Councillor Wayne inQuired as to the status of licenses
btained under the former by-law~ .which were issued for the life of the dog. Mr. Rodgers stated that if passed,
he new by-law operates henceforth. Councillors Wayne, MacCallum and A. Vincent suggested that provision
hould be made that the annual license fee will only apply to any licenses issued from the date of enactment of
he new by-law.
On motion"of Councillor A. Vincent
Seconded by Councillor MacCallum
RESOLVED that the above proposed by-law be referred to the Legal
epartment for re-drafting as suggested at this Council meeting.
Question being taken, the referral motion was carried with Councillors Elliot, Gould, Knibb, Landers
and M. Vincent voting "nay".
Read a letter from the City Manager, further to Council's decision of April 27th last to delay award
f the tenders for gasoline and oils for a period of two weeks so that the Purchasing Agent could negotiate the
erms and conditions with the various bidders, advising of the four conditions of tender which were of particular
oncern, and of results of negotiations with the companies involved.
Councillor Gould proposed a motion, which was seconded by Councillor Denton, that the following
ecommendations of the City Manager be adopted regarding tenders for gasoline and oils, namely: (1) that the
ender of Imperial Oil Ltd. for supplying at the prices quoted - 2,000,000 litres of tax exempt, unleaded
asoline; 18,000 litres of taxable, regular gasoline; and 1,300,000 litres of furnace fuel oil _ be accepted,
ith the condition that the discounts offered be maintained until April 30, 1982; (2) that the tender of Shell
anada Ltd. for supplying at the prices Quoted - 400,000 litres of diesel fuel; and 25,000 lit res of SECC 10W30
otor oil - be accepted; (3) that the tender of Petrofina Canada Ltd. for supplying at the price Quoted _
5,000 litres of SDCC 15W40 motor oil - be accepted; and (4) that the tender of Irving Oil Co. for supplying at
he price quoted - 35,000 litres of stove oil - be accepted.
650
"
I
-Irving Oil Co.
Tender accepted
'Imperial Oil Ltd
-gasoline & oil
,Tender accepted
'Shell Canada Ltd
diesel fuel
, & oil
Tender accepfed .
Petrofina Canada Lt
oil
Tender accepted
Irvin;! Oil Co
-oil
'w. John Baird//-
VehiCle storage_in
Lorii.e~:i)le
'"._. -"i'
,
Mrs..S. E. Thorne
re by-law to
licensesfafrgrounds
,
"-
Chief of Police
"
Nancy Teed
Local Improvement
By-Law
Councillor A. Vincent suggested that consideration should be given to awarding the tender for
tax exempt, unleaded gasoline to Irving Oil Co., in view of the small difference in the tendered price,"
and as Irving is a local company. Agreeing with the suggestion of Councillor A. Vincent, Councillor
Knibb noted that the Irving firm was one of the few tenderers who acceded to certain conditions of the
tender call. The Mayor expressed the opinion that if Council is going tq give preferential treatment to
local firms, that a clearly defined policy should be adopted and advertised. Councillor Green also spoke
in support of awarding that portion of the tender call in Question to Irving Oil Co. Councillor A.
Vincent proposed~n amendment'to the motion, which amendment was seconded b~ Councillo~ ~nibb, that the
tender of Irving Oil Co. be accepted for supplying 2,000,000 litres of tax exempt, unleaded gasoline. Mr.
Rodgers suggested that the proposed amendment .is out of order, however, if the items were being voted on
separately, it would be a proper "amendment. The Mayor .ruled the proposed amendment out 'of order.
It was suggested "that the above recommendations of.the City Manager should be considered
individually, and Councillor Gould, with the consent of the seconder, thereupon.withdrew.his proposed
motion. .
On motion of Councillor Wayne
Seconded by .Councillor Landers
RESOLVED that as recommended by the .City ~anager, the tender of
Imperial Oil Ltd. for supplying .2,000,000 litres of tax .exempt, unleaded gasoline; 18,000 litres of
taxable regular gasoline;. and 1,300,000 litres of furnace fuel oil, at the prices Quoted, as shown on the
submitted bid .summary, be accepted, with the condition that the discounts offered be maintained until
April 30, 1982.
Councillor A. Vincent proposed an amendment to the motion, which .amendment was seconded by
Councillor Knibb, that the tender of Irving Oil Co. be accepted for supplying 2,000,000 litres of tax
exempt, unleaded gasoline. The Mayor stated that Council .can either vote to accept or reject the proposed
motion, or accept the proposed amendment. Councillor A. Vincent, with the consent of the seconder,
thereupon withdrew. the proposed amendment to the motion.
Question being taken, the motion was carried with Councillors Green, Knibb and A. Vincent
voting "nay",.
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the tender of
Shell Canada Ltd. for supplying 400,000 litres of diesel fuel, and 25,000 litres of SECC 10W30 motor oil,
at the prices quote4~ as shown on the submitted bid summary, be accepted.
On motion of. Councillor Denton
Seconded by Councillor Wayne
RESOLVED that as recommended by the City Manager, the tender of
Petrofina Canada Ltd. for supplying 25,000 litres of SDCC 15W40 motor oil, at the price Quoted, as shown
on the submitted bid summary, be accepted.
On motion of Councillor Wayne
Seconded by Councillor Gould
RESOLVED that as recommended by the City Manager, the tender of
Irving Oil Co. for supplying 35,000 litres of stove oil, at the price Quoted, as shown on the submitted
bid summary, be accepted.
Qu.estion being taken, the motion was carried with Councillor A. Vincent voting "nay".
On motion of Councillor Landers
~
Seconded by Councillor Green
RESOLVED that the letter from the City Manager regarding the
statement of Mr. W. John Baird that he had operated his business of the storage of vehicles on property
at Lorneville On a continuing basis since.1958; advising that Mr. Baird has now offered sufficient proof
of his statement in his letter dated.April 21, .1981, and based on the evidence presented, .staff is able
to determine that the business is a legal non-conforming use of the land, and that the order of the By-
Law Enforcement Officer can therefore be withdrawn and Mr. Baird should be able to proceed with his
"application for a Salvage License -- be received and filed.
On motion of Councillor Landers
. Seconded by Councillor Denton
RESOLVED that the letter from the City Manager regarding the
reQuest received at Council's meeting of June 30th, 1980.from Mrs. S. E. Thorne for action to regulate
fairgrounds, advising. that it was determined that the City has no by-laws dealing with the. licensing of
fairgrounds, however, the City can enact a licensing by-law under the authority of the Municipalities
Act, and the Chief of POlice" favours the enactment of a by-law to regulate fairgrounds. and the like, and
his comments are submitted; further advising that as always, in considering the need to enact further
licenSing by-laws, one has "to balance the cost and annoyance of licensing restrictions against the
problems caused by lack of restrictions, and once a by-law is enacted, an .annual licenSing and inspection
procedure will be reQuired as a basis for its enforcement, and Council has to decide as to whether the
problems are of such dimensions as to need such a regulatory mechanism -~"?e. received and filed.
Councillor.M. Vincent inQuired how such matters will be monitored .in the future in the absence
of any by-law. Mr. McDermott replied that it will be done by the City Manager's office a~d the Chief of
Police. In reply to a Query of Councillor Wayne if there is a by-law regarding the inspection of mechanical'
rides from the point of view of safety, Mr. McDermott advised that he will investigate this matter.
The Mayor welcomed to the meeting Mrs. Nancy Teed, Member of the Legislative .Assembly for Saint
John South.
On motion of Councillor Wayne
Finance,
"Seconded by CoUncillor Denton
RESOLVED that the letter from the City Manager aqd Commissioner of
advising that the by-law' respecting local improvements was enacted by Council on June 19th, 1967
.
\
I
,A'~
. A
~
.
I
.
,
I
I
.
...
,...
::-~...~.:.",...,. .
G5r
.
Metro Const.
\. (1978) Ltd.
-I"
."" \ LeRoy C. Palmer
'I re water &
sewer services
.
\ Champlain Dri v
Cleano"up of
island
I
Lease
\ Market
Stillwell
\ Foods Ltd
.
Tender accepte
'Demoli tion
Chittick's
\ (1962) Ltd
223 Rockland R
I
Brookville
,
Torryburn
.1 Taxi By-Law
.
.....
and provides that a penalty of one half of one percent of unpaid assessments shall be added for each month the
assessment remains unpaid; and recommending that the said penalty be amended by Common Council to One and one
half percent per month -- be referred to the City Solicitor for a report and recommendation.
On motion of Councillor Green
Seconded by Councillor Elliot
RESOLVED that as recommended by the City Manager, authority be granted
for payment of the following invoice, namely:-
Metro Construction (1978) Ltd. - supply of asphalt April 29-May 6,.19S1 $ lS,533.33
In reply to a Query of Councillor Wayne, Mr. MacKinnon gave an explanation of the increased costs
reflected in the above invoice, as. provided for in the agreement for the supply of asphalt, and advised that
such increases are calculated by City staff.
(Councillor Gould withdrew from the meeting)
On motion of Councillor Elliot
Seconded by Councillor MacCallum
RESOLVED that the letter from the City Manager regarding the reQuest
of Mr. LeRoy C. Palmer for services for a proposed house on so-called Palmer Street in Lakewood Heights,
advising that staff have met with Mr. Palmer to discuss in detail his reQuest and the various complications it
entailed regarding the City's Water and Sewerage By-Law and existing policy and have outlined several possible
methods of servicing the property for Mr. Palmer; and further advising that Mr. Palmer is now investigating
these several.options and will be in contact with staff at his convenience, and it would appear that a successful
conclusion to his problems can now be worked out within the by-law, but Mr. Palmer needs more time to evaluate
his optfons, and it is staff's intention to inform Council of the ultimate resolution of this problem, as soon
as these details are clarified -- be received and filed.
(Councillor Gould re-entered the meeting)
On motion of Councillor M. Vincent
Seconded by Councillor.Elliot
RESOLVED that the joint report from the City Manager, Commissioner of
Engineering and Works, and Deputy Commissioner of Works, regarding the resolution adopted at Council's meeting
of May 4th last that the City Manager and appropriate City staff.be instructed to take the necessary steps to
have the island in the middle of Champlain Drive cleaned up and.cleared so as to become an asset to the area
and the City of Saint John, submitting details and costs of.the work necessary to improve this 2.7 area traffic
island, at a total cost of $36,000.00; and further advising that in addition to the capital cost, it must be
realized that landscaped areas must be maintained on a yearly basis, however, if it is the wish of Council
that staff proceed with the improvements to the 2.7 acre island, it is recommended that funds be approved as
an addition to the 19S1 capital works programme -- be referred to the City Manager for a further report at the
next meeting of Council. .
During.discussion of the above matter, the Mayor stated that the City Manager has asked that he be
permitted to discuss clean-up of the said area with representatives of Champlain Heights School. Several
Council members noted that the previous reQuest of Council in this regard was only for a general clean-up of
the property, and not a major project as outlined in the above letter.
Question being taken, the referral motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Denton
RESOLVED that as recommended in the joint letter from the City Manager,
Commissioner of Engineering and Works, and Deputy Commissioner of Works, approval be granted for the transfer
of the month-to-month lease for Stalls D, E and F, and Counters B-1, B-3, and B-5 in the City Market, consisting
of 1,073 square feet, affording "a rental of $312.96 per month, from Mariner Palmer and Allen Dohaney of Jeremiah's
Food Services Limited, to Mr. Graham Stilwell of Stillwell Foods Limited.
On motion of Councillor Landers
Seconded by Councillor Denton
RESOLVED that as recommended by the City Manager, the low tenders as
submitted by Chittick's (1962) Ltd., in the amount of $2,300.00 for demolition of the City-owned building at
14 Castle Street; and in the amount of $2,500.00 for demolition of the City-owned building at 223 Rockland
Road, together with a garage fronting on Cranston Avenue, be accepted.
On motion of.Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the City Manager, submitting a letter
the Chief of Police regarding trucks and vehicular movement on Old Rothesay Road in the general area of
Brookville, be received and filed and a copy be forwarded to the Brookville and Torryburn Association.
from
On motion of Councillor Knibb
Seconded by Councillor Green
RESOLVED that the letter from the City Solicitor, advising that several
months ago and before the Taxi Association approached the City for rate increases, Council adopted a recommenda~ii:
tion from the City Manager that the Taxi By-Law be amended; submitting the appropriate amendments to reflect
the policy changes adopted by Council; and advising that first and second readings. are in order if Council so
wishes -- be received and filed: .
AND FURTHER that the by-law entitled, "A By-Law to Amend A By-Law Respecting the Regulating and
Licensing of Owners and Operators of Taxicabs in The City of Saint John" be read a first time.
(Councillor A. Vincent withdrew from the meeting)
Councillor Denton noted that in previous discussion the suggestion was made that the Taxi By-Law
should provide regulations for standard signing of taxis within the individual taxi companies. Mr. Rodgers
noted that the above amendment reflects policy previously adopted by Council, and that the matter referred to
by Councillor Denton has not been placed before Council for adoption as policy, and could be the subject of a
further amendment to the by-law at a later time.
652
""lIIl
\
Taxi By-Law
Committee of the
Whole Report
Federation of
Canadian Municipal-
ities
Committee of the
Whole Report
63 Paradise Row
'Standard Realty.Ltd
Land Committee
2 Mecklenburg St
148 Sydney Street
'Balemans Holdings Lt
Land (:ommittee
Paint Shop - Marsh
'Creek Bridge
Lease
,Atlas Const. Ltd.
,1981 Canada Games
Society
'Council meeting
date.
Read a first time the by-law entitled, "A By-Law to Amend.A By-Law Respecting the Regulating
and Licensing o:r'Owhers and Operators. of Taxicabs in The City of Saint John".
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the by-law. entitled, "A By-Law to Amend A By-Law
Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John" be
read a second time.
Read a second time the by-law entitled, "A. By-Law to Amend A By-Law Respecting the Regulating
and Licensing of OWners and Operators.of Taxicabs in.The City of Saint John".
(Councillor A. Vincent re-entered the'meeting)
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
TheCoillmittee of the Whole.
reports
Your Committee begs leave to report that it sat on April 13th, 19S1 when there were present
Mayor Lockhart and Councillors Denton, Gould, Knibb, Landers, MacCallum, A~ Vincent, M..Vincent and
Wayne, and your Committee submits the.following.recommendation,.namely:-
1. That any Council member wishing to attend the 44th annual conference of the Federation of
Canadian Municipalities, to be held'in Regina, Saskatchewan, from June 7th to 11th, 1981, be authorized
to attend same.
Saint John, N. E.,
11th May, 19S1.
Respectfully.?ubmitted,
(sgd.) A. R.'W. Lockhart,
Chairman.
On motion of.Councillor.M. Vincent
Seconded by Councillor
Denton
. RESOLVED.that the above report be received and filed and the
be. adopted.
recommendation cont~ined ~herein
Councillor Knibb suggested that.in a time of financial restraint the Council members should set
an example and refrain from attending such conventions. Councillors Landers and MacCallUm expressed the.
opinion that such conferences serve no useful purpose and are of no'benefit to the City.
Question being taken, the motion was carried with Councillors Knibb, Landers and MacCallum
voting linay":
Read 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
.
I'
Ii
.
I
Your. Committee begs leave-to report that it sat on May 4th, 1981 when there were present Deputy
Mayor M. Vincent.and Councillors Denton, Elliot, Gould, Green, Knibb, Landers, MacCallum, A. Vincent and
Wayne., and your Committee submits the following recommendations,. namely:- .
That approval be given for the aCQuisition of the leasehold interests in property at 63 Paradise ...
(L-IO-12-19) from Standard Realty Ltd. for the amount of $7,500.00, free and clear of all encumbrances,
approval of the Partnership for the aCQuisition of the said leasehold interests having been acknowledged.
1.
Row
the
2.
Sydney
Common
That .as .recommended by.the Land Committee, the properties at 2 Mecklenburg Street and 148
Street be sold to Balema,n~ Holdings Limited for the price of $90.;000.00, and that the Mayor and
Clerk be authorized to execute any and.all documents pertaining to this transaction.
3. That as recommended by the Land Committee, the prope~ty presently used by the Engineering and
Works Department as a paint and bOdy shop be leased to Atlas Construction Ltd. for the period of construc-
tion of the Marsh Creek Bridge at no rental on the understanding that once.the construction is completed,
the building will be demolished at the expense of the Company, with such demolition to include the removal
of any oil or gas 'storage tanks and the clean-up of the site to the satisfaction of the Building Inspector,
and that the Mayor and Common Clerk be authorized to execute any and all documents pertaining to this
transaction.
4. That an amount of $1,000.00 be donated by the City of Saint John to The 19S1 Canada Games
Society regarding the Canada Summer Games being held in Thunder Bay, Ontario.
5.
That no ~ouncil meeting be held the week of May lSth, 19S1.
Saint John, N. B:,
llth May, 19S1.
Respectfully submitted,
(sgd.) M. A. Vincent,:
Chairman.
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that section ~ of the above report.be adopted.
Question being taken, the motion was .carried with Councillor MacCallum voting "nay".
On motion .of Councillor Denton
Seconded by Councillor Green
RESOLVED that section 2 of the above report be adopted.
"'
I
I
.
,...
~-'~.~-~':.t.
'"
653.
.
2 Mecklenburg
Street
Balemans'
Holding Ltd
',I.
..
Paint & body
Shop, Marsh
Creek
Atlas Const.
" Ltd.
Marsh Creek
Bridge con-
" struction
.1
.traffic pattern
in area of
'-Thorne Ave,
Russell St,
\ Rothesay Ave.
I
'Mrs. A. F, Bell
Bd. of Commis-
\ sioners, Saint
. John Regional
Hospital
'Counc. .,Wayne
'Board of Dir.
Centracare
I:CE. A. Trites
'R; H. Oland
Board of Gov-
enors, Canada
Games Society
.1,985 Canada Summe
'Games Committee
Application for
, .
IncorporatlOn
re Board of
\ Directors
.
....
Councillor Wayne asked if the City will have any control over the future use of this property.
Councillor A. Vincent, chairman of the Land Committee, stated that as indicated to Council in Committee of the
Whole last week, Mr. Balemans intends to utilize the lower floor of the building at 2 Mecklenburg Street as an
office, and to have an apartment/residence on the upper level.
On motion of Councillor A. Vincent
Seconded by Councillor Wayne
RESOLVED that the property presently used by the Engineering and Works
Department as a paint and body shop be leased to Atlas Construction Ltd. for the period of construction of .the
Marsh Creek Bridge at a rental of $1.00 on the understanding that once the construction is completed, the
building will be demolished at the expense of the Company, with such demolition to include the removal of any
oil or gas storage tanks and the clean-up of the site to the satisfaction of the Building Inspector, and that
the Company be charged by the City for the cost of insuring the said building, and that the Mayor and Common
Clerk be authorized to execute any and all documents pertaining to this transaction.
Consideration was given to a letter to the City Manager from Mr. John E. Griffin, Traffic Engineer,
dated May 8th, 1981, (Which letter had been forwarded to the Council members as an iriformation item) advising
that the Marsh Creek Bridge construction work will result in the existing four traffic lanes (two in each
direction) being reduced to two lanes (one in each direction) and that in order to have the two lanes function
as efficiently as possible it will be necessary to remove any restrictions that would result in stoppage of
traffic flow. The letter advises that the main area of concern .is the Rothesay-Thorne intersection and in
order to remove this restriction to the eastbound traffic flow it will be necessary to have all eastbound
traffic turn right to Thorne Avenue, and that there are then alternative ways of dealing with the traffic on
Thorne Avenue which needs to get to Rothesay Avenue, as follows: (a) reinstate the former 'rotary, i.e. one-way
traffic on Thorne Avenue, Russell Street and Rothesay Avenue; (b) use Reserve Street as one-way from Thorne
Avenue to Rothesay Avenue so that eastbound traffic from the bridge which was forced to turn right at the
Thorne~Rothesay intersection could get .to Rothesay Avenue by making a left turn from Thorne Avenue to Reserve
Street, thence to Rothesay Avenue; and (e) use a small rotary with Thorne Avenue, Reserve Street and Rothesay
Avenue. The letter recommends that either (a) or (b) be accepted as the means of dealing with this construction
traf.fic problem.
On motion of CoUncillor Landers
Seconded by Councillor Elliot
RESOLVED that the former traffic rotary, namely, one-way traffic on
Thorne Avenue, Russell Street and Rothesay Avenue, be reinstated during the Marsh Creek Bridge construction.
Question being taken, the motion was carried with the Mayor and Councillors Green and A. Vincent
voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that section 4 of the above report be adopted.
On motion of Councillor M. .Vincent
Seconded. by Councillor Green
RESOLVED that section 5 of the above.report be adopted.
"nay".
Question being taken, the motion was carried with Councillors Knibb, MacCallum and A. Vincent voting
On motion of Councillor M. Vincent
Seconded by Councillor Denton
RESOLVED that as recommended by the Nominating Committee, Mrs. A. F.
Bell be appointed. to the Board of Commissioners of the Saint John Regional Hospital for a term of three years
commencing June 1981, and that Dr. G. F. Elliot be appointed to the said Board of Commissioners, representing
the Mayor.
On motion of Councillor M. Vincent
Seconded by Councillor Landers
RESOLVED that as recommended by. the Nominating Committee, Councillor
Elsie Wayne be appointed to the Board of Directors of Centracare.
On motion of Councillor M. Vincent
Seconded by Councillor Green
RESOLVED that as recommended by the Nominating Committee, Mr. E. A.
Trites be appointed as Chairman of the Board of Governors, Canada Games Society, and that Mr. R. H. Oland be
appointed as President of the Canada Games Society.
Question being taken, the motion was carried.with Councillors Landers, MacCallum and A. Vincent
voting "nay".
On motion of Councillor M. Vincent
Seconde~ by Councillor Knibb
. RESOLVED that as recommended by the 1985 Canada Summer Games Committee,
the following section of the application for incorporation of The Saint John 1985 Canada Summer Games Society,
Inc. (Which application for incorporation had been approved at Council's meeting of April 6th last) be deleted,
namely: "The Board of Directors of the Company shall be comprised of not more than eighte~n (18) persons.
Qualifications of a person to serve as a director of the Company shall be established from time to time in the
by-laws of the Company.", and the. following substituted therefor: "The majority of the Board of Directors of
the Company shall at all times be comprised of persons approved.annually by.the Corporation of the City of
Saint John upon recommendation of the President of the Company. Qualifications of a person to serve as a
director of the Company shall be established from time to time in the by-laws of the Company. The Chairman of
the Board of Governors and the President of the Company shall be appointed by the Corporation of the City of
Saint John.".
Question being taken, the motion was c'arried with Councillor A. Vincent voting Tlnay".
" .6.54
\
"""Il
, .
L~nd Committee
40 Broad Street
,Regal Wholesalers Lt
Counc. Wayne
City boundaries
Outer tax zone
Counc. Landers
poli~ re accepting
,land for public
purposes
re-zoning
~ Linmar Deve lopers.. Lt.
Wesley Centre
Grandview Ave
R.A.& C. J.. Creamer
Golf Course Concessio
Thistle-St. Andrews
Curling Club
Michael J. Murray
,
Grant
River WaIk
'Lutia & Paul Lauzon
John H. Stephen
'Service COln Ltd
re landscaping &
signage
Lt. Co!. S. D.
\ Rhodenizer
RoyaI Canadian Legion
Branch No. I4
bicentennial proj ect .
On motion of Councillor A. Vincent
Seconded by Councillor Landers .
RESOLVED that as recommended by the Land Committee, authority be .
granted for the sale of the vacant lot situate at 40 Broad Street, to Regal Wholesalers Ltd., at a price of
$20,000.00, and that the Mayor and Common Clerk be authorized to execute any and all documents in connection
with this sale.
~
On motion of Councillor Wayne
Seconded by Councillor Denton
RESOLVED. that the letter from Councillor Wayne advising that on
December 15th, 1980 Council, in Committee of the. Whole, .adopted a motion that the City Manager be asked
to review the present boundaries of'the.City of. Saint. John and submit a report and recommendations to
Council, and advising that she .feels that perhaps economic conditions being what they are, we may not be
able to continue to give existing services, let alone increased services, to those citizens living in.
what is referred to as the "outer zone", be received and filed:
AND.FURTHER that the City.Manager.take immediate steps to .look at the boundaries of the City of
Saint John, and.report back to Council.within one month.
Speaking in opposition to.the proposed motion, Councillor Knibb suggested that such a policy
decision should be made .by Council, .not staff, and stated that he is in favour of encouraging the neigh-
bouring municipalities to assist the City in major projects, and envisages an enlarged City in the
future. Councillor .Elliot suggested that the report from the City Manager .should include ~ny restrictions
on the Council in changing the boundaries of the City.. During ensuing discussion, several Council
members expressed support for the p~oposed motion, and referred to the increasing costs to the City in
providing services to the outlying areas of the City. Councillor A. Vincent suggested that a task force,
comprising interested Council members and senior City staff, should be appointed to approach the Premier
and Provincial Cabinet for a supplementary grant to cover the cost of servicing the outer areas of the
City.
Question being taken, the motion was carried with CoUncillor Knibb voting "nay".
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter from Councillor Landers, advising that the
policy of the City of accepting land for public purposes, or money in lieu of land for public purposes,
when approving subdivisions, has caused considerable problems for the Land Committee and City staff and
should be reviewed, be received and filed:
AND FURTHER that the City Manager and appropriate City staff be instructed to prepare a report
and recommendations on the Question of land for public purposes..
On motion of Councillor Elliot
/
Seconded by Councillor MacCallum
RESOLVED that the letter from Mr. Martin L. Soucy, President of
Linmar Developers Ltd., reQuesting that the conditions of zoning regarding the Wesley Centre property on .
Grandview Avenue, be amended to permit construction of a five unit 2-bedroom apartment complex, and also
to remove .1.8 acres of property to be re~zoned for a. single-family dwelling ~- be referred to the Planning
Advisory Committee for a report and recommendation..
On motion of Councillor Landers
Seconded by Councillor Knibb
RESOLVED that the letter from Robert A. Creamer and Constance J.
Creamer regarding the food and liQuor .concession for the.Rockwood Park Golf Course, be received and
filed..
Councillor M. Vincent referred to a letter from Councillor Wayne, which had been listed on the
agenda of the last Council meeting as Item 18A, and which had been withdrawn"at the said meeting by
Councillor Wayne. Councillor M. Vincent also read a letter received from Mr. Vernon McCarville, ~resident
of Thistle-St. Andrews Curling Club, dated May 4th, 1981, copies'of which were distributed to the Council
members at this t-ime. Councillor M. Vincent stated that in view of the fact that this letter contradicts
the contents of the letter which had been withdrawn from the last agenda.by Councillor Wayne, he wished
to make this information public. In ensuing remarks, Councillor M. Vincent read the contents of both
letters, which relate to the Council decision to award the tender for the food and liQuor concession to
Mr. Michael J. Murray, who is employed by Thistle-St. Andrews Curling Club. Councillor Wayne stated she
did in fact receive several calls from a member of the executive"of the Club, whom she identified at this
time as Mr, Bill Donovan, on which. information she based her letter to Council. .
On motion of Councillor Elliot .
Seconded by Councillor A. .Vincent
RESOLVED that the letter from Lutia and Paul Lauzon reQuesting
a donation toward the proposed River Walk to be held during Canada. Week, be received and filed and they
be advised that individual Council members wish to make the reQ~ested donation.
On motion of Councillor A. Vincent
Seconded. by Councillor MacCallum
RESOLVED that the letter from'Mr. . John H, . Stephen of Service
Coin Ltd. regarding landscaping and signage of the company's property on.St.. Catherine Street, be referred
to the City.Manager for a report at the .next meeting of Council.:
On motion of Councillor Landers
'I"
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Seconded by Councillor .A. Vincent
RESOLVED that .the letter from Lieutenant Colonel S. D. Rhodenizer,
advising that the Charlotte Street Branch No. 14 of the Royal Canadian Legion, in .commemoration of the ....
City's bicentennial, is considering a project for the City's south end area, primarily in support of
senior veteran citizens, and asking the possibility of aCQuisition of the vacant lot located at the
intersection of Sydney and Britain Streets, be referred to the Land Committee.
On motion
The meeting adjourned.
~
COJ!lI9on c~
-!
....
...
I
I:\SEHA LJ-=-83,_1l6,_1~.6,_16.6,_181,_235,_238 ,_2 39.,_2Y.O,_2Y L_2Y 2,_251,_2 52 ,_2.5L~12 J 419 J 43 S J 486,-
S2S,
AN N UA L_RE P-O RIS-=-92J_9 S J_338 J_S2.YJ_609J
~ L L LED_CI:IE~LCA\ L_CA\ NA\DA\_Lm_=_9~9J~~18J
I:\SEEN J_MARJORLL\L=--108,
1:\_&_M_I:\~~LIAN.cLS.ERnc E_Lm_=_J13J
I:\L LE N J_G.._S..-=-ll.Y J_181,
I:\cA~Ac_BEAcH_RD-=-11'y,_116,
I:\LLI NGI:!M1_CREs.~1l14J_ill,_J2lJ_128J_132J_16S J_lZ6J_2YSJ_2146J_323J_399,
,
-.
ALLISTo.NJ~oI:lN-=-Jv_258
ALEXANDRA SCHOOL - 2J 317
AMUSEMENT CENTRE-=---5.,_lL_77.,-8o.,-8lJ_8_~L So.
~_LI_LL~J_tED-=-Z,_2.oJ.-Y.5J.-Y6,_8.9,_129J_l19.J_155J_lZl,_lZ5J
I:\SEHALJ_IES.UNG-=-Z,_9,_15,_20J_21,
I:\RBuEAHON_BoARD-=-15,_3.8.8J_3.89J_39.8J_62.o,
I:\LLAB.y.,_c.._Dl'I.LGH:r-=-5'~'~5, ~
I:\G RE E~ENIs-=-16 ,_22J_3.8 J-1IL_48,.60,.68 J_183J_2f1 3J_2 ZlJ_28.Y J_3D9.J_32.YJ433.6J-4.3.ZL_392J.-Y 21J_4 2L.-Y.6L.
!J Io.J-486J-Sl!J,-SlS,-SllJ-S2L-S26J,-SY3J_SYSJ_SS8J_SMJ_SZlJ_58o.J_625J
1:\...N...E.._HoRSESHow-=-25,_3.6J_2.8.oJ_281J.-YD3.J.-Y 2.oJ
ANTHONYJ EST. OF JAMES - 30., 421J
~RS.E NA\.ULIJ_H E N RLH..--=--lG.J
I:\NII:!QNY~LCOXE_RoA\D-=-3.oJ_ZZJ_82J_15L~21J
I:\NTLLLUERLNG-=-3~O
M.ELLNDUSIR.I.ES_LID..-=-3.9
Ap-ELLNDusIRLAL_SuP-E.LLLm.-=-3.9J_281,
AE.EX_MACHLNLWO RKLLm.-=-39J_2 81J
AILANuclROWELIRAD E S_EUR--=---l!O J_41J
As S~T_CO MMO N_C LE RK-=-47-J
AR SE NA U LJ_J_Es_T_._OLC LA UDLJ..-=-S2 ,_297-,
ALLIEN-LT.D..-=-68,
ARMS_T.RONG_I:\V.E NU E-=-69.J_182J
I:\L~I:!AJ~UCE-=-85,
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.
ACME_ENT.ERP-RISES_LTD-=-1l6J
I:\nAMS,_KLER.I1..=-.12o.J_16Jv_186,_199,_3SS,_363,
Jl.TLANucl:\ssoc ._oLHISJORI ANS-=-12lJ
Jl.sHGROVE_CRESCENJ-=-13o.J_32ZJ
ARCHER,-GoRDON-=-153J
AbbE:N,-RI.CHARD-=-163J-186J-187-J-199J-2-18J-22.S J
I:\IO~IC_ENERGy_CoNIROL_BoARD-=-165J
f'1l1P..LIJ]DL_ELEC"ffiDNJ~CtiTD-=--18L
I:\UDLnNG_SERV.I.CES-=-20lJ_215J_2Z8J3)~L
I:\SP-ENJ_MAuRLCLSUBD Lv-=-2JL
/:\BAllO. IR_CO~ISSION-=-22Z,
I:\CT.IDN_WDRKSHDP--=-228,
ATlANT.I.C_SYt!12HONV-o.RCHESlRA-=-228J_2b!6J_2SJv_26L
AMBULANCE-=-228_(GRANT.};_2'4.Y,_214ZJ_259J_399_(GRANI)j
AIRP-DRJ-=-23SJ
ATMUSJj~U IP-MENLL TD-=-238
AurOS_(JUNKED)-=-239
ARSENEAU,-RoGER-=-2!JS,
ATLANTIC MASONRY Assoc. - 24S,
ADELAIDE ~TREET - 22.1
I
I
-.
....
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BUDGET COMMITTEE - /.
n 548 582
BANKS E. - /.
Bu I LD I NG ACT) 1925 - 252
BoNDS - 2L
BALL FIELDS - 23) 24)
BLACK) MALCOLM -25)
BoARD OF SCHOOL TRUSTEES - 25) 68)
UILDING PERMITS 17
. BAIRD JOHN - 32
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----
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BOMAR)
117) 119)
501
16 521 522 524
Bus GARAGE - 8,
BROOKVILLE MANUFACTURING CO. LTD. - ~
BEACONSFIELD RUBIESSENIOR CITIZENS CLUB -
. Bus TRANSPORTATION - 187' 188
427 468 503 517 525 554
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RAW! FW MoTORS - 4Q.
RATTFN. .1. IADDS - 67.
BoYCE) R. L. - 69) g5.
BAsIc DESIGN Assoc.- 71) 159) 35L-L 370)
BARDSLEY) PETER - 74)161.
BROWN) WILLIAM - 75
BARRY) STEPHEN J - 79) 98)
BUILDINGS) CnY-OWNED: - 00, 162, 176. 707. WI. :SF,';. :S7? 4:S1. 4S7. 4Qg. c;nc;. c;:SC;. C;47.
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BLUE KNIGHTS - 83) 84,
BuRNERS - 84,
RFCK. ~ARD - 94,
Bus PASSES - 101. 154.
BIRMINGHAM, EIMARD - 102, 251.
fuND ISSUE -106)137) Dil) l53....J54, )()? )():S. )()4. 43g, 487, 483. 484. 496,1)17, I)li<. 55g.
BoURQUE'S ~~LD[NG - 115,
BECKWITH BROS. LTD - 117)
1
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BEU'~NT - l3O(ROADS); 327)
RANGAY, RAI PH - 111 _ 2j5)
\)ARTLETT. \11 LLlAM - 131
By-LAVIS - 131 (3RD READUJG).1 199. 2[1. 77), 3f4, C;77. C;4L1,
-
bROAD\1AY) TODD & TOPEKA STS - 139 562.
-
. IbYD) GORDO'J R. - 152. 156, 7JJl
-
BARDSLEY AVENUE - 152. 173 ,
BY-LAW ENFORCEMENT OFF I CER - 155. 13~q ,_.
HANI< OF Iflvl\ SrnTTA - 1%. 157,
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BIC N AL COr<MITTEE - 162
Bus ENGLISH DOUBLE-DECKER - 162
J -]]7
BRUNSWICK DRIVE - 194, 2~
Bus - 1911 S
- . ,
BUILDING INSPECTIONS - 230
.
. 278 309
- ')
BARRY, DAVID - 218
&lYCE, [{OBERT - 219
BURCHILL ROAD - 221
BoARD OF HEALTI-l BUILDING - 225, 22(;, 227,
BATE, DR. GEORGE - 227
BROCKUS REV. CAN. U A - 2
>..
DECK, i.1ARTI N - 227,
.
BROWN JAMES e PEAR
BISHOP, j'lICHAEL - 243
BARRY J. Es 565,
BUCKLEY, I~ORMAN & SHIRLEY - 262,
BARRY~. j" :'c: :.',
BYRNE, i~~NE - 276, 29L 322,
bELLEVEAU, 11Rs. Y - 283,
EUSmL STANLEY 2. BEATRICE - 287,
DERRY. [IDA - 2Y4
BETTS, DR. GEORGE - 322,
BRUNSWICK SQUARE - 319,
r--
BoRDAGE,_BECKY-=-330,
BREEN,_~I~BELLE - 333,
BUILDING_By~LAw-=-33Y.,_353,_36lj,
-.
BEYEA~sJ!.UIO_S.!\LVAGE_LID.-=-355 ,_600,
BoRDAGE,_I:\oR ICE-=-3ft5,
BEYEA,_I:1AR ION-=-3blG,
bAI RD=EILUIER,_BMBARJ'I-=-353_,382
BEAcH_CREscENLLIELSTN.--,,-360_,390, 391,_412,_418,_466,_4 ~ 3,_50L_59 2 ,_609,_6 10 ,_600,
EROWN,-DoNALD-=-362
- 'I
-.
BALMORAL CRESCENT - 365,
BAYVIEW INTERN. TRUCKS LID - 370,
BID DEPOSITS - 370,
. -. ._..~-,.~-"
bROWN, ISABEL - 381,
BUCHANAN, DAVID - 382
BATE, BEVERLEY - 387
BLEACHERS - 388,
BREN1WOOD PARK SUBD - 396L4lZ.,
BEESLI;YL1Y\RILEY - 400, 565,
BR E E N.,_U.OROJ:H.L=--40B,
BEAC.ONSE.LE LD_Eu E_SIN..-=-418,
BAY_VJ.EW_CR ED.LLUNLON--=-42Y,_4YO,
J:jlL LARD_L~oOLR 001'1- By - LA w--=-4 29.,_4 5 9,_4 Zl,-4 89.,
BALEMAN.,-E-.::.-4ML
BROOKV.LL LELIa R RYB U R N--=-4YL_4 7_4,-1\ Z~,_5 31L_5 59,_59 5,_622,_62 5,64i'-r65t
J:jRLTAlN_SI_.-=-451,_45~L_460,59L
bu R:r:O N_BRA E-S UBDI.V-I.S.IO N--=-46 7-,-4 ~ 9.,
BIO-IO-CH-S:r-,~4 7-4-,-485"
BLAICHI:ORD,_JoHN-=-~9,
BARR I AULLJ'l ..S.-=-S10,Sil,
JI
I.
l:iERGERON,_SERGE,_511,
BIsBo~,_DoNALD-=-51Y,
BROWNJ_DAY.ID-=-521,_522,
bROD IL_RoBERT-=-525,
tiATHURSJ_eA~ER_LI~IJED-=-52Z,
BANILP.ARENIS_8ssoc.-=-528,_55Y,
BRI~GS,_KENNETH-=-533,
BARRy,_JOHN-=-53Z,
BRUSH CHIPPER - 552, 55L
BoYNE, WILLIAM - 555,
BODLEy_,_W.LLL IM1--=-565,
BLOLS,_CLAR ENCE-=-565,
BURJ-L_8RCHLE--=-565,
BRIDUU,_MRS.._R-=-565
BROWN, FRED W - 565
BUCKLAND, PETER - 566, 576,
bmLER,_RoNALD-=-5B3,
bEU10NLHOJ:EL-=-592,
hVRNE,_SHARoN-=-596
tALLARD,_B-=-60L
BEA CH_CRE SC E Nr_As s 0 CIAHO N-LN c--=-60 9r6J.-1.,
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B~UT~bJ-JOSH-=-633J
IDEAJ_JUDy-=-633J
BRO:rl:lERHOOD_OLBft..liJ'J/W.JjjlRLlNL&_SJ~SI:! IE_JLERKSJ_ERELGI:!LI:!P..NDLERSJ_EXERESS_ILSIN._Er,iP-LOY.EES_=.-6fI2,
. ."/ I
=-,
BAW1AN~s.JlOLDI.NGS-LID.--=-652J-653J
BELL_f:1Rs._A. E..--=-653J
.-
I
1-
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I
.
I
1-
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~
. CONDITIONS OF EMPLOYMENT -
CELESTE LI NO -
CROSSWA S - 18 11~3
. CITY TRANsIT LTD. - 22, 30
CHURCH AVENUE(OVERPASS~23
-' .
LO:1.466. S'fj. SlS. fim. hll.
COMMU~~CONC6Q LTD - 25
'~"....L,_<>,~'-'~'-
~
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.
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CORBETT, ROBERT -
CONFEDERATION MUSICAL -
CARPENTER, MURRAY J.H. -
CHLORINATOR FEED PUMPS & MOTORS -~
o - 7,
CONCRETE TESTING -
CURBS - 71. 44 53
CAPITAL PROJECTS - ~
197 207 222 233 '2.47 248
CARLETON COMMUNITY CENTRE - g 158,
99, 100,
CHITTICKS SAND & GRAVEL -~
1 90102 103 ill 115 131 137, 143,
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CITY MANAGER -/tVI. 7 75,83 84'92(report
)93101 109137 177,194 375
COUNCIL PROCEDURE -/0, N. 20-1 2r1L 41h) 509)
-::,I
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107(PUbliC address)
( system )
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CHIPMAN HILL - ~
.. COUNC I
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159 162 166 174
In
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01 F - ?q. 5155J3.Rl.-9/.100.107. lJ3.119.~83.192. 200. 209.353.359.352. 3G3.:
CoMMITTEE RE WATERFRONT - 29
CHESLEY PLACE - 34L2ill. 177. 177.7n.7R? .?.J3.)ljn. 286,
CHAIN LINK FENCING - 34, 313,
CRANDALL W. H. & Assoc. - 3
DEV
CEDAR POINT /"bBILE HOME PARK - 36, 38,
CHERRY BROOK ZOO - :il, 40 5873-1bl 182
27Ll 309
337
<: "'_.~. t . ""',...... )
<-'
~_ . __ "'r_,. ...._."
. . . - ..- .
.~ _ '_." "~ "';C;~'_ 0' ..~
. "'-" - ~- ';,<' >-'
.
- " ~
l'IIIl
n
201 219, 223, 2L~3 2
09 504 5
"
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CLEANUP CAMPAIGN- 44,
CHIPSEALING - 45
CHIEF OF POLICE - 5'2, 54, (SFF POI Tr.F r~TFF)
---.
ON BoARD - 52 53 54 55 58
CoURTENAY BAY FOREBAY - 52,
.
C RA TRUSCO
CANADIAN BRITISH CoNSULTANTS Lm. - 63 9
CRED IT BuREAU - 65
CARLIN, DAVIS - 66,
259 262, 266,
625
77 554
629 651
CLARK, NANCY E. (~l.L.A.)- 69,79, (ALSO SEE TEED, NANCY)
CITY CENTRE DEVELOPMENT Cof'IMITTEE - 74,
CENTRAL bUSINESS DISTRICT REVITALIZATION - 159
"1
--I
CENTRACARE - 73, 22
RS)
.
COUGHLAN, r1I1 LETT - 76.93, liiJ14, US.
r.RFsrFNT I AKF - RS.
CANTEEN CoNCESSIONS - 86
CoLLECTIVE BARGAINING - 75,
r.FNTRAI RIISTNFSS DTsTRTn - R~. m,3Qr;
-"
CANADIAN POLICE COMBAT PISTOL SHOOT - 86
"
CHITTICK'S (1962) L
CANADIAN SALT Co. Lm - 91, 427
CEDAR GLEN APTS - 94,
CHAMPLAIN HEIGHTS 95,
CoNTROLLED ACCESS By-LAw - 97, ~
CU
CHEDORE, REID - ill
CANADA Su
CoLWELL, E.A.-
93 114
.
~
,.
CoUNCIL MINUTE~ - 96,116, 541,_6D2,
-.
Cof'IMUN I TY PLANN I NG ACT - 116,
CANADIAN_RED_CROSS-=-ll9,_2lZ,_326.
COUNTY CoURT HOUSE - 119, 120, g.82.,.3.~.o.,
CEDAR INVESTMENTS LTD. - 120
,
CoUf\lC.IL IU'Ol"rnOS'I T-I GNJ ~lfj L 142, 1{J8_(Bv=/y,w},_1119;_159,
-I
CHRISTMAS DECORATIVE LIGHTING - 130, 45iL
1 1 1 (allowance.)
COUNC I L, SALAR I ES - 4, 42 (p.ecdiem_r.ate1d{J9,_150_\BY.=LAw)_j.l60,297-,
CURRIE, COOPERS & LYBRAND LTD - 131, 41D, 534,
COMMUNITY DISASTER COMMITTEE - 131,
CANADA ENYI RONMENT WEEK - 132,.))3,
CARP-.E N.lE R,_Mv.LE s-=-132.,
CANADA WI RE & CABLE BtillG.. - 134, 2I11252,274,_428,_4ii2,_45iL 5p,(), (ALSO SEE S.J. TRANSIT GARAGE)
CLARK DRl1l'lIE & CO. - 151 18U,
CROWN STREET -15L 28LL2853.Jb, -
CARPENTER, ftrILCOLJ-1 - 152
COLLETTE, \'IALLACE [. -155
COMEAU, DANIEL J - 155, 159, In
CARTER, P~ELINE - 161,
CRIMINOLOGY & CoRRECTIONS Assoc - 163
CAMP PASCOBAC - 163
CofY'MUN I TY SERY ICES CoNTR !BUT IQf\lJ!i~OJifW1':1E-=-166_,29D~.JJ] 7 ,-512r622.,
CHRISTMAS TREE LOTS - 173,
CoNCRETE WORK - 174 (1979); .19Q,27G,_39f.L_552,_630,
CLARENOON STREET - 177 ,111~
CANADA SAFETY CoUNCIL.-=-lZ.8, 2G2,2C3'_57f.l,
COr'M)f\lJJtlJNCI.L,_ELECII.0f\l_OE,_By.::LAw-=-H~L_159,
-I
~.
I
COURT_0E-~P-P-EALS-=-190
CIY.I.C_&.1P-LOY.EES~EENS.ION_eLAN-=-108,_192_,3I)Z,30B.33fL_51~!,_565,
--
CARR, WILLIS - 193
~I
CIILRoIIDJillMOURf-=-19g ,_363J_4.l5.,_4 20.,-4 2.5.__5f!O,_56L_6Y2,
CoOP-ER,_LESLIL~-=-.190 ,
~RtM.RJHEr[STRm:- -2:31lSJ_468,_4Z6.,_62Z.
C~ERLAIN,_LLOYD-=-.203,
CE-MIL-=...205,-1I29.,_580,
C..,.,.-. .'..... J '.......EC.. 0"' .-.." L D c::: 4'l 1'36 LI3l
PfI!JRe,LLOf:.. ESI;).",.. HR,I\Sl":OF....L- A.T[ER_ AV_uAIN.lS--=--...L .J_'t . .J-. ._,
Co~c IAL.UN lON.I:\SSURANCE_CO.-=--215,.553J
CANAD I AN-I NT.IORCI-T-Y-TOURlSM-SIORY.rCE,-=.-2-17-,
C~I.NESJ_CSI._D~V.I D-=-.222
C IIy-HALLOLEMlE-=-.222
COLf:IIIS_SUBDIY.ISION-=-.223_,_315J_31D ,-57.5,
CoD.I.EI.C~II.ON_Cor:r1 ITIEE-=-.22Z,
C8MP.BELLJil.LLIMl-=-.22l
C.N.J.B.-=--22S,_411,
CLOCK-=...228
CArHQbIG-YQUTH.QRGHESTRA-=-2~8
-.1
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.i~._"""",.!:..,.;_,:.';'_"_'< - ,- ....:.:~.."'~..,^._.. . O. "'''r'''~'. '-_
'-~~ _,"'1'> :;~_ ~_"012 ~_, -~_: _
I. .... "~
~,:.' ~. ~~>~-:~,,~-';_~c,.,_-~'-?__-~~~,':~':'~~:_~~';__o_:--
_CI:lESLQCK..J.P..URE~CE - 234,
_~ST-=-2f.l6,_255,
-Cb./.~ORD.-1~R~-BRuc~2ll6.,-2-51,-2-59,
COLD r~IX - 248
CRAIG, O/I~EIL Assoc, lID - 249, 250
CoRBETT, f'iRs, J, C, - 250
COf'1MITTEE RE BoARDS & c:ow.lI SSIONS - 250
CoOK, BRIAN R - 255, 260
CANADIAN SENIOR i~EN'S CURLING - 261
CURTIS, THE HON, KENNETH - 264
CENTURY TAXI - 266
CoFFEE CORNER - 270,
CoOPER !{EPORT - 273,
_CBCl_lm.,-=-2Z8,_43.6..
_CARV.ELL-E..JJoRDON._29L4.85.,
-CURTAIN_&_DRAEERy_Sl:loE....Lm...-=--281.
_CoBBbESJ.ONES~82
CnOK,-Sf.!IRLEY - ?83 ,,29!:1..31Z.
_Cl:W:1ELAIN_LAKEWooILCouEcIOR--=-.2&!.:J]l
_COMEAU,_KEIJJ:L.=-28f.l,
_CQ~IBQLLED..1\C.!:ES_S By-LAw - 285,
_Cl:llJRCILOLIHE: NAZARENE - 2~0 ,.3.16.,_63ff,_63l,-6U8,
_COOJ:JUJQLD.IHGS L1D., - 2%
~~BCIILEI.Sl:lEBt1E~~s..l\s..SQ_c....=_JOL331,
_ClIREENIEB_P-LACLLI.ELSTN., - 304
CAPITAL BUDGET - 3lS,-3.~...
rr-"'...... on'" '21' ".59.1."593'.' .:.
_ ..t;~'t+4.;JJ:\1d" _ '7"!i-, -, 'oI..!.' ~_:....i: - ~/._.l_ ;
-'
.-
I~
I-
.~
/"
I
'I-
C c. "Zt:n 471"
_ ANIE:BB.l1BL~mEET-=-..tUlli-LL2t
_ColllilSl:l.JLRoBlNSOrLGOLlo_LouRSEJlESlGNERS_Un. - 361 .
CAN. Nil. T I L DART SHOOT - 3ti2,
_CLARK,_ROERLE~,
CO~lUNITY SERVICES CONTRIBUTION PROGRAt~ - 384,
Cll lNC, - 390,
_Cl:lLORI~E-=-3.'lO,
_lIJY ~~~AGE:R'S OFFICE: 395 (ESTABLISHMENT), 398,
CARTER, JENNIE B - 395,
_CoLLIHS,_GEBALD-=-...L()2,
_C~RI DGLlEP..sEl:lOLD.5_lTIL:.-,L1Q3.J
_COMMON_COUNCLb.-=-S.W.EARIJ;l~.N_:_3.5.Z,
~
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.-
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</31
tt3b
-.
CENUf.\LLEf.\S.IERN_IRUSLCo..--=-.iIll, 516, 5il7, 592,
CALC !.Uf'1-=-418 ,
CUH U.N E,_J Af'1E s_R-=-.Ji 2 L
CANAD.l.AN_P-ARK_&-RE CR EA:f-I.O N-Assoc..---=--4 22-,-646,
Co~~ uNULI:Lf.\N N.LN.G_Acr-=--i! 28,
Cf.\~EBELL,_\hLuArL~30,
CANN,_EuZAB EII:l-=-.1l31 ,..Jlfl 1,-1IL4.,_531L
CHA P-E L_SJ_..::....1IfIfI
CANON_SJ_.-=-.43Z
CRANE CANADA LTD, - 431, 441, 442,
C~SHING PAR~ - 441, 443
CRE.S_(ENLL8~E,_H.o.LLy_SJ~,_S_U~I'1.LLD.R,~iLL568,
Co R R EC..T_LONLSERYJ.CLCf.\Nf.\DA-=-4.fJ Z
C LLF-LSJ_,-=--4f1 1,_468 ,_4 Z5.,-1I8L_5i! 3.,_5 52,_610,
CAR E E s~Exp-0~80-=-4i19.,
CAR E E R-ED U CAJ-IO N-WE EK-=-4i19
CbEAN-EN.V-I.RONME NT-AcT-=--4S 5-,-5011.,
CANADA-COMMU N.I-T-y-DEV.E LO P-Mt:NJ-P-RO GRAM-=-.Ji56
CH R.I.S:r.t:N S EN.,-KARI-=--462-,-633,
C EblOB RAJ-I.O N-SJ-.---=--46 7-,
bE-COMI-T.E-DU-CENJ.R IO-COMMUNA U:r.RE-Eco bE-D E-SA.J.NJ-JOH N--=-457~
CO UGH LAN,_HAR OLD,_JR..-=--469.,_4Z9.,_529.,
CANADJ.AN_D.IABHLCP....SS.oc.,--=-4Zl,_539,
CI-vJL_L IB E RUE s3.s SOc.-=--4 Z9,_525,
CU_LZEN S_f.lC:rJ.ON_COMMLUEE=_49f1,
CANADlA N_lI.R E-CO RP-',-=-503.,_52 8,_5 32,
COLW.E L L,_J.OI:lN~&J4f.\ NDf.\-=-5.09,
CLD_U\UNDRY-=-5J2,
CRES..TWDOD_HoLDLNG LLREf.\LJ_LLID-=-518,
CMEB E LL,_DAY.ID-=-533,
CA~EB E LL_GERf.\ LD--=-533,
COUN CLL_EROC EDUR E-COMMLT_T:E E--=-53Z,_5 39,
CANAD.LEACKERS-=--5.fJO,
C KO_RADLO--=-5.fj.fJ,
Co N F-LLCT_O E_JNJ:E RES:r-=--5i! 1,_585,
CANADLA N_JUNJO R_M EN~S-CU RU.NG_CHAMP-LO N S HI.P-S~55b1.,
COMMUNITY SERVICES GRANT PROGRAM - 557,
CASH, LINDA - 565,
-I
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**** (CONT I D) CANADA SUMMER GAMES COMMI TTEE - 565, S~4, 653,
**** C.C.o.NI.~D.LC8N8D8 SUMJ':1EB.JiN::1ES - 5Q5,.21R,_522, 527, 557, 62L(INCORI:OR8ILoNt_6Y~Lf52,_653,
-I
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CARR, ROYDEN A - 565
CRILLEY, FRANK - 565
CHATWIN, ALFRED - 565,
CITY CENTRE IMPROVEMENT PROJECT/ CONST. AGREEMENT - 568,
CATON DEVELOPMENT LTD - 571, 576,
CANADIAN UNION OF PUBLIC EMPLOYEES (C,U,P,E.) - 5Z3
/I CON.IRAc.IING_OUJ~5Z3,_59 L_599,_602,_6D~L_E22,_628,_639,
C,(lNf.\DLAN_CANC ELSOCLET-Y-=-SZI,
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CUNN INGI:W~LMURRl\LD-=-58f1,
CoURTHOUSE & GOAL_=..JEXCI:f8NGE_OLI:ROI:ERJYL593,_60Z,
ClIRLEIOf'EKIBICUN LTED_CI:lURCI:l-=-60L
CLOTI:lING-=-605, .-
~Ef1)Rl\IIY.E_Co.l.N-=-609, ,
()l.BLSONuJ~ES-=-61OJ
C881..G,_CI:fESTER-=-611
~I:BELLJ_GLEN-=-620,
*** C~NIillJ.LSUI~lEJLGAr:1ES-=-505,_518,_522,_52Z,_55Z.'" . 1=
CITY CREST 628, 634,
CoBURG HOUSE 632, I
CoRREIA, CLAIRE 633,
CoRBIN, HRS, 633.
CEREBRAL PALSY FOUNDATION - 645,
CAMPBELL, rl. E. - 647,
CHAMPLAIN DRIVE 650
CITY BOUNDARIES 654 .-
CRAIG & O'IJEIL Assoc, Lm - 581
CoMEAU, LUKE - 583,
I CAR .MILEAGE ALLOWANCE - 646,
I
.
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P 35
DARKI L CONST, LTD. - 18, 122,129
DRUMMIE THOMAS B - 26
DELHI ST, - 31
DoANE, H,R, & Co - 3LL 301302 478
DISHER STEEN PARTNERSHIP - 35,
DOBROTIC, JOSPI - 39,
. DUCK COVE LANE - 46
DEPT, OF MUNICIPAL AFFAIRS - SO, 184
r-
.
17,
OF HEALTH -
OF PUBLIC WORKS -~
lll, 129 1
6~ [;5 114 lll, 145, 175, .182,
DEMOLITIONS -/, 10
370, 372, '20,.427. 4Lf.4, 4-53, 45g, '479, SOl, 515, '526, '560, 595, 635, 644; .051,
.. ,
274,290,313,314,
DANGEROUS & DILJ\PIDATED BLDGS - 7, 32, 33,
DEPT, OF SUPPLY & SERVICES - 5U5,144 161 172 182
DEPT. OF lABOUR - 53, 75, 489,
DEPlIfY CH I EF OF POll CE - 5LL
DARRAH PATRICK - 66 250
IkJYLE JOHN - 75
DEPT, OF ENVIRONMENT - 78
DEPT, OF JUSTICE - 75, . 467
DEPT, OF HISTORICAL RESOURCES - 69
DESJARDINS JACK - 83
DUFFY, LEONARD - 83
DIEFENBAKER, JOHN G - 86
DoRCHESTER ST 78
DAY, E. ~1Ay - 81,
DEFERRED WIDENING By-LAw - 82
DALEY , THOMAS F - 82,
84 499 500
DEATHS - 86 '
DUFOUR, DoNNA - 95,
DUSCHENES & FISH ARCHITECTS - 100, 112
DAVIDSON, MR. - W,
. Down, 11M, r & SONS LTD, 129
D!\VIS, SAl1UEL - 131, 356,
UEPT, OF CoMMERCE & I NDUSTRy~-175,
DEPT,
~~._~~ ~-~.-.
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DEPT. OF jlATURAL RESOURCES - 22L 359 361
236 239
DoRCHESTER ST, loWELL ST., rbRNA HGTS. HESTMJRlAND fill - 13J,
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';;:J;,~O':-
",.':-"".
426 643
262 . 351 ( COUNCILLOR)' L
407 416, E33, '647,
.
DAVIS, GARY - 365,
DEELY SUBDIVISION - 370,
DRY lloCK HEALTH CLUB - 373, 385,
DEVELOPMENT PROPOSALS - 378
,y lJ.
DoMINION STORES LTD - 414
DANN, i-lARGARET - 415
IbNKIN HAROLD - 422
DEVELOPMENT & PUBLIC RELATIONS - 454
DRURY CoVE ESTATES LTD - 462, 564,
IbNALD, IAN - 478,
IbNALDSON AVE. - 517,
DEPUTY I'lARK
DANIELS P. 1'1. 554
DAVIS, DR. E. R. - 565
DYSART, SHIRLEY 565
DYER, R. G. - 565
DUPLICATE BRIDGE PLAYERS - 58LL 594,
. DRYER, DANIEL 633
.
I
.
,...
FASTFRN TECHNICAL SERVICES - Z
FMMFRSON, STANLEY, ASSQc. ~ SZ _,
EASTERN ARTFR1AI - ~ 4fi.72.89,97,104, 183. i1.L218. 7liO.750.7G1.308.
----
CO~:SERVAT10N
FNFRGY/ COMMITTEE - 9. 176, 334.415, 565,
FN.G.lll.EER.lNG & WORKS DEPT. - 9. 70. 44.7"'1 140. un. 181.207 , 274,
~ ~ -
~s -/q 52,70. 86. RS.Q1,q7. 126J33. 177. 190. 2LJ9,254,277,279.287.292. ")1)7 .)f)1. 'lQfi. 408. 409.
.. T _
~.~.~,~,~.~.%.%.6~
ELLERDALE HIGH RISE -Ie?
EVANS, GEORGE -/.
EASTERN TECHNICAL SERVICES - 20
.
EAST SUBURBAN LI TTLE lEAGUE - 35
AINT JOHN FlOW STUDY - 45,
ELLIOT COUNCILLOR - 49, SO,69,102
:53$' ">57 ~7 &'30'?
429 467 516 523 527 539
EAST COAST ENTERPRISES LTD - 10l,
ESTABLISHMENT - 128 (1979)'
EDGEWATER LANE - 130 327
ELM STREET - 171 (STAIRS); 194.
EQUIPMENT 182 261 335 37lC I
~ ~ . - ,
TV [']r,R'S nFFjrF. %0 (POI Ir.F & FiRF) 563: 598,
"'1
ELKS CLUB - 185
j
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Es1Y IVAN B- 195
ENERGY CoNSERVATION REVIEW - 207,
EPTON, DAVID - 227,
ESSENTIAL SERVICES - 229
.,
I
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PROP RTIES - 296
VE 97386
ENRIGHT, THOMAS - 320, 324, 371, 376, LI68
EBERT, DAVID G - 327,
EASTCAN CoNSULTAN S -
ERNIES' HOME IMPROVEMENT Lm - 379 396
EMERGENCY TELEPHONES - 3~j
v
476 484 LI99
- "
.
EDU-CON OF CANADA INC - 4E8
EMPLOYEE ASSISTANCE PROGRAM - r:JJ7,
ELLIOTT, LT, CoL. F, J, - 527,
ECONOMIC DEVELOPMENT Cof'll'llITTEE - 536
ENGINEERING & WORKS Cof'll'lllTTEE - 536
ERE, WAYNE - 540,
E&PH
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ERB-CAMPBELL, HEATHER - 565,
ELLlOTI Rcw %7,
EMERGENCY MEASURES BY-LAw - 585, 586, 593, 603, 618, 620, 642,
1/ 1/ ORGAN! ZATlON - 586
~_.
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FERGUSON, ERIC - I) 114,17Q,
FIRE STLlTl()N - r.1L1IN ST, - b,
OCH LOMOND ~ RD.
- ~ 18, 27,53, 104, ,122,271, 619, 630,
. J
FURN I TURE - J:
FENCO CONSULTANTS LTD. -
OF CANADIAN ~1UNICIPAI ITIES -~ 3fi7. 652,
ERSHIPS -
. "---
-h
FLOOR FASHIONS LTD. ~
FUNDY CABLEVISION LTD. -
-'
FIRE DEPARTMENT 2L 40, 116 (Grand Bay); 160, 169 , 223, 32l!
.
FENCING - 25, ill; 197
F R J
FAIRVALE CONST, Lm, - 27,45 54
FI A CE COIIMITTEE - 33
CIA STATEMENTS -33 34 301
FOSTER THURSTON DR, - 37, 38,
FUNTKOTE Co, OF CANADA Lm - 45,166, 181, 371j 512,
89,90 105,109,
j
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FE~INELL, JAMES 47, 170 ,
FRANCIS NoRMAN W. Lm - 50 67,
5611 570 597 60R
F0N~)':iBAYitjOLD. N 1s~Ltl;l ,: . --TJ..j.103, 36 171
FRIARS, PETER - 73, 7-
FIRST L,D,H. Lm - 73,
.
1
1
OURTH lEHNDORFF CANADA LTo - 79, 105
AR By-LAw - 85 249~273 534, 569, 570, 576
.- --', . -
:~_;:-!.,!.-t.:!V~-J\'!-ic:. - l'!tt.
FOREST HILLS LITTLE lEAGUE FIELD - 90,109
FINANCE DEPT - 93,
, 390, Ll18
FIRE CHIEF - 97, 182, 636,
~fLEWELUNG, .JOSPEH - 50,
FIRE DAMAGED PROPERTY - 83, 264
. FUNDY DRIVE - 10Ll06,
FRANCIS, C,L, Co, Lm - ill,
Fo S
2/17 314
1Il!.. ._._,
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FUNDY FENCING LTD - 180, 314,
FISK, JOHN - 193,
FOOD CITY - 21L
FLOOD, JOHN & SoNS LTD. - 225, 227,
FIFIELD, DOUGLAS - 227,
FORESTELL, JAMES - 227,
FENWICK, PETER - 227,
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h:RGUSOI~ 'I~RS. RUl:ll:R I
FI mr;F. H~I PH - 743...
~FOIIRTH I FHNDO
FINANCE Cor'MITTEE - 278,
FOREST HILLS SCHOOL - 296,
FORT fiO~~E - 2l.JZ, 386, 402 (BLOCKHOUSE'),
FOOD CITY Lm. - 299,300, 3L6, 325, 326,
FUNDY liORTH FISHERMAN'S AssQC.- 33L
VA -E-CoNsT-;-!:m-. --351- -.
FOREST IiILLS ilEIGHBOURHOOD CENTRE - 3RLL
FRIARS, RUSSELL - 385,
FETTERLY & SoNS LTD - 392,
11
FREEDOM OF INFORMATION LEGISLATION - 429
I'
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F
FIRE ARMS, DISCHARGING (SEE HUNTING IN CITY LIMITS)
FUNDY PEST CoNTROL - 511, 54L 581,
FERGUSON N - 514
FORT LATOUR DEVELOPMENT AUTHORITY - 565
FlEWELWIG, {VVlRmJ 566, 576,
JOnRJOC:T INVENTORY 575,
FISHER, JOHN W - 588
FAIRWEATHER, PillA - 610.
FIRE EQUIPMENT - 6 9
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FRASER RUTH - 633
FAIRGROUNDS - 3
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GARDNER, DOUGLAS -
GRANTS -
47b, 528, 54L 582,' 546,
o FREY ASSOCIATES LTD. -
GLENWOOD CONSTRUCTION
GUARANTEES -
129 145 20'L
CES -
GRANTS COMM I TTEE -/.1. 25,
GRIEVANCES --;.:
GRIEVANCE COMMITTEE -
11 I OR KE.-
GERfYlAIN ST - 40,119, 181
GOAL - 40, 561 (FIRE) 566,
. GOVERNOR GENERAL - 40,
LTD - 34
GAUNCE HARRY - 36,
GREEN, f1JNICA - 41,
GOLlJEN GROVE ROAD - 41,65,
GALBRAITH, WINFRED - 49,
GARNETT, RICHARD - 52
.
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r,RFFN, HOWARn CTROPHV)-hq.
GRAHAM MICHAEL - 69,
GARBAGE COLLECTION - 71, 223 272,282,236 287
GREEY ~'IXING EQUIP LTD - 72, .
GRAVEL PITS - 72 73 76,
301312
GANTZ, KURT - 67
,
J
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ICK 75.
S FOOD REDUCTION AGREEMENT - 76 82
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---
GINN LLOYD - 79 105,
GREENHEAD RoAD - 83
GILBERT A. G. \~ARWICK - 85
GREENDALE SUBDIVISION - 95,152 399 ( FlOODING),
GLEN FALLS ELEMENTARY SCHOOL - 120,
GILL EQUIPMENT LTD. - 124, 132, 5OG.
GLENWOOD CONST. L
GREEN WILLIS - 16~
{jREATv'tLlXSliERi5H!!1lJ.NDSCAP.lNG LID. - 190
GRANDVIEW AVE., HEATHERWAY & WOODLAWN PARK -155
GRAVEL TRUCKS - 177
GRAND l3A Y - 185
GILLEN, SISTER E - 217
GRA E. 28t 619 (SFWFR).
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GAREY I~ORMAN - 227
GossJ A,Y, - 227J
GOLDSMITHJ LLoYD - 227J
GRAHAMJ f'1Rs, T. W, - 227
GARNETT, EUGENE - 227,
GRANNANJ C,P, - 227J
GALEJ BURTON - 227J
GILBERT.~GLOAN, GILLIS & JONES - 239J
G
GODFREY, JOAN E - 244 , 260, 637...
GARNETTJ CHRISTINA - 244J 260J
GARNETJ CoNSTABLE r 252 J;
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GARBAGE INCINERATOR - 371
GOODWIN, \UJ. & Co, LTD - 371J
GIRL GUIDES OF IJ.B, - 37BJ
G E ROAD SANITARY SEWER - 3~1
3B9~'
GARNETTJ JACK 422
GREENl'^
GAUTHIERJ JEAN D 478J
GROVE PAVING LTD - 506J
GABRI ELJ J 514J
GOROONJ ALLAN 514J 515J
G I LLI S J DoNALD - 523, 529 J
GOODYEAR TIRE 534
GIFT OF LAND 536J
GOODRICH B,F. RIDE CENTRE - 558
GALLAGHERJ GERRY - 565,
GLOBE & f\'lLl.Il, THE - 574J 625J
GREENJ THOMAS H - 629J
GROSWEINERJ ELLA - 633,
GRANNANJ PAUL - 633,
GANONG, WAYNE 633
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HISTORIC SITES & EVENTS COMMITTEE - /. 23
HAZEN CREEK SEWAGE TREATMENT PLANT - g 45 7? ~ 90 19() 204, 276)291
HA TF I ELD) D.) L TD. - g 17) 34 45) 72 89 92 103 UL 123)146. 154. 166. 175.190 205 2li 217 222
302)315) 334) 35L 3&~L 37L 390) 392) 406) 426) 435)442) 456~ -475) -q97) 512) 525) 542)" 55L - 55tt563; (***CONT'D)-
WI SON REFRIGERATION LTD. -/~
HE~DERSON RECREATION EQUIPMENT LIMITED - 35)
HARBOUR TAVERN BLDG. - 38)
HAMILTON'S CANADIAN DISTILLERIES LTD. - 39)
HIGHWAY DIVIDERS - 49)
RT HARRY - 50
HOLLAND) DONALD - SO)
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HAWTREY ST - liD li8
.
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HILLS) HEATHER - 16L
HAYES) V - 161
f~RRIS) JAMES E. LTD - 167
I~RBOURVI EW SUBDIVISION - 171
HARDING ST - 178
HAZARDOUS WASTE PRODUCTS - 164) 173)182) 310) 358 371 376
339
IJ 27G) 290)
HIS 0
. HOUSING CoMr-1ISSION - 221 IJ
HAycox) F. S. - 227)
HARIT) LLOYD - 227)
HORGAN} JOSEPH -. 227)
HOLMES) GORDON - 229) 384)
/
HOSPITAL CUTBACK fiJoNITORING CoMvl. - 256
HAMI L TON) ALJv1A - 289)
HYPERTENSION STUDY CLINIC - 318
HILLSIDE /.bTEL - 319)
HORSE & CARRIAGE TOUR SERVICE - 32L.336
HIGHW AGREEMENT - 32u
,
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HUGHES SURVEYS' LTD - 3341
HALIFAX SEED CO. LID - 3351
HAGGARTY I D - 3521
HYDRO DYNAMICS LID - 41L
TED - 41J
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450 460 508 510
HOWE RICHARDSON SCALE CO. - 443
.HTIYARn STRF~T - 444. 4S~. 5~
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HESTIA HOUSE INC -5881 S~OI S931
HUXTABLE STREET - 562
HUMPHREYI REV. J - 5651
HOLT, iilRS. B.\i.G. - SEiS.
____HoDGES, ~RED - J6S.
HOCKEY CAMP - 56~1 5731 5781 5841
HOliES LAKE DU~lP SITE - 6011
HAZEN STREET -
.HANDI FRANK - b331
HORNYAK IqICHAEL - 633
***
*** (CONT'D) HATFIELDI D. LTD - 5751 5991 6041 63J
....
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AILTRANSPORTATION COMMITTEE - ~ /~
.. .- .-. .. .. .
INFORMATION RETRIEVAL SYSTEM ~
22.30, 37,
462 649 650
WoO-. &'19. l?.;SD
INCIAL ~ELICOPERS LTD'~/142A3/65.
INSURAIU - 17 ll5,
IVAN, IMRE
INVOICES - 7m,71,
4
-72
INDUSTRIAL RELATIONS ACT - 75, 167
INSECTS - 76,78,
VFIOPMFNT 70NFS - ?In.
.
INGERSOLL, ARTHUR - 294
VING PULP & PAPER MI L - 302
.-
I.O,D,E, - 320 402
INCINERATOR - 329 443
IRVING REFINERY - 389 402 440
rIAl HOMF FOR ~!OMFN
f)?B
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IRWIN, IRMA - 539,
CIAI rOIlNCIL COfl1MITTH TO MFFT \11TH -SS7, F,Ol.
IRON DUKE LTD - 567, 592
IMPERIAL PIZZA OF TORONTO - 637,
INTERNATIONAL YEAR OF THE DISABLED - 643
IMPERIAL OIL - 649, 650,
.
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JOSH r , - 43 .
JOB EVALUATION - 69 58L
JOYCE, WILLIAM E. - 1m,
JOHNSTON CaNST. Lm - 158, 634,
JEFFRIES ROBERT - 176,
,.
- 90
JANITORIAL SERVICES - 220
JARRETT, LORRAINE - 227,
JONES DRIVE - 256, 320, 322,
.
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JOHNS, IEN - 633,
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ERSTE~D SURVEYS LTD. -
-I.
KN IBB, COUNC I LLOR -;. 27 243 322
KI NG EDwARD ScHOOL - 18
"KEEP OUR CITY CLEAN" CONTEST - 27
625,
"
KIWANIS STEEL BAND - 40,
KI NG ST, WEST - 48 , 194,
G MRs, - 50
KANES CORNER - 68, 123, lJLL 2U7, 259,287,314) 517
KEDDY fVbTOR INNS L TD, - 72) 245 3li 9
KITCHENER, ONT - 84,
KENNINGTON ST - 91
RE - 102
542
"
36 514 607
KIRKPARTRICK) RUTH - 127,
. KNIGHTS OF COLUMBUS -
Y Co
S W S
KERN JOHN - 227
KNIGHTS OF IH!
KING EDWARD SCHOOL - 233
KA ONARD - 240
KING rlILLlAM Ro - 244, 247)248) 448)
KEYSTONE PRINTING & LITHOGRAPHING LTD, - 248)
KING PAT - 252
KEAN Ro 255,
283 308
K EPEC - 297
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KILLAM) W,C, - 382
KASHETSKY, ftlRS 454)
KIRK, WILLIAM - 416 478
. KEEL CONSTRUCTION LTD - 435)
KENNY) GILBERT - 448) 525)
KELSON & KELSON - 457)
KEATING, ANDREW - 527)
KELLY) ROY - 565,
KAYSON HOLDINGS LTD - 604,
.
KINSMEN CLUB 642
~
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LAKEWOOD STANDPIPE - 34
LEONARD REAL ESTATE LTD. - 36)
LARGE JOHN ARCH !TECT L TD - 35 201
LIKELY) JOSEPH A.READY MIXED CONCRETE - 42)66
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LORNEVILLE~RoAD - 9
UR RELATIONS BoARD - 53
LOYALIST DAYS - 59 114 132
LANCASTER LAGOON - 63,
LANDERS COUNC. R - 70 71 227
595 605 625 629
-/.
LEGAL COUNSEL - 80
SO)
LISTER) RONALD-
35.
LEASES - 20) 21 82 95 .
, - ,
415 418 466 540 561 567 576 5
LORD BEAVERBROOK RINK - 23
631. 633. 637. 648. 652.
loRD BEAVERBRooK RINK COM'1ITTEE 23
. .
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LIQUOR LICENSES - 26 76
4
.
LOCH LoMJND ROAD - 27
LAND CQM\1ITIEE - 30) 36) 38 39 4
]]7) 183) 193
65 67 74
LOCH LoffiND VILLA - 22) 43)
27
LEGAl DEPARTMEN
84 80 94
643)
LOYALIST ENTERPRISES LTD - 67)
1.
. LY JOSEPH A, LTD - 76)99)
lorH I OMlNn MAil - 7Q. 10S. 256. Ll79. 437.
loRD. PFARI & ~ 108
lABOUR RELATIONS - 93
LANCA) VLADIMIRO R & CELESTE T - 94)
LoRNEVI LLE - 101) 282
LANCASTER BAPTIST CHURCH - 101)
LORNE ScHOOL - ll7
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LUNNEY) DAVID f.1 & Assoc. LTD - 133, 140) 161, ??O. 73S. ?-:;G, c;.
626 631 635 636
I orl-! I OMONO RIIS LI ~IES
144) 158 ~46 247. 2r;l. ?87.
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Y ORANGE loDGE #1 - 174
. JUANITA'~ 1St
WSON f"bTORS (1978) LID - 170
A.R.W, - 178
- 199
LINGLEY PRINTING Co. LID. - 20L 230) 242
LARSEN KENNETH - 209
.
LUCAS) GARFiELD - 220J 235J
FRE - 221
LoRNEVILlE RATEPAYERS Assoc, - 22L 744.747. 3fll.3ll.3J7. 3?RJ )47. )60. 7,7il)
LoVEJ RITA - 227J
lAr>'BERT) LAURENCE) 227) 757. 770.
UFAHY. WI" lAM - 227.
ON JAMES 227
~ --..
361
lEBLANC, DOUGLAS - 251, 260.
LEGISLATIOiJ - 252J 305 306 307 308 7C!
.
~ ~
LAWTON ST - 255J
LEONARD ST - 255
LESTERJ DONALD B & DONALD R ~ 263J' 0
. LEGAL SESSIQfJ - 266) 628
~"'.,~
,I
-
'LEGlIL /\CTIO~15 - 283J 505, r,71. r,q?: fin)
LANCASTER LAGOON LI FT STN, - 28LIJ
LATIMER LAKE I'bBILE fb1E PARK - 287)312J 325
LANcASTER LITTLE lEAGUE - 297) 336)
.,
l.A~IDJ CITY ow
LANCASTER ARENA - 314
LOYALIST CITY TOWING - 335J
LATIMER LAKE SCHOOL - 346)
loYALIST PAINTING Lm - 35L
LILY LAKE PAVILION - 370
.
LITTLES YALOCEAN - 371
LUND, DR. G. E, - 382,
---.J lINGSTROM. G. B. - 3R).
LANsDOWNE AVENUE - 392
II'(.;lIcY. AI P - 408
-
LANGILLE y, W, - 408)
LORDJ GEORGE - 408J
LITTLE RIVER BRIDGE -426J
LEGER) FRANCES - 449) 450)
LAWSON) BRUCE E. CONTRACTOR LTD - 453J 63L
LEGER) CLARENCE - 488J
I
I
_ .J
LAWSONJ CHARLES - 512)
LORNEVILLE AREA POLLUTION PROBLEMS COMMITTEE - 51L!J 54L 5il7) 570J 58L
I
.
-.JFGGAT. DAVI)) - S7?
LAIlAvF FrJ'IIPMFNT - 1)'12)
\
...,j
-I
- .- ..1- -.-. - .,
LEVINE, ABE & SONS LTD. - 613,
LEGAuL T, JOSEPH - 613,
LANCASTER MALL - 619,
LAG ASS IE, JOAN - 622,
,
i LORD,_HAAOllL&_eEAAL-=-625 ,
LINION,_L-=-62Z,
LEBLANC,_M4RLR .-=-.632,_639,
LAwsoN,_DAY.ID-=-633,
--. LOCALlf!1EROI/E!!ENLBv.::LAw-=-6~ ,
LAuzoN,_LuIIA_&_P.AUL-=-65H,
LIN~lAluJEVELOP.ERS_L TD.-=-.65bl
lAND_EOR_P.UBLIC_P.URP.OSES-=-65bl
--I
--
.
.1
-
I I
-.
.....
'frV
r'lEMBERS OF PARLIAMENT - /. 422
!)lHAf".<J,J,Cli
NUNICIPAL PLAN BY-LA\~ & AMENDMENTS -/. 26J 29.5
33
. - , l.. . - '<; ~ " ~ ,~I
359 381 407 438 439 444 .449 450 459 471 472 485
8
NURDOCH-LINGLEY LTD. - g
~10TI ONS LOST -
Ih 177
~1ASONJ JOHN C.-
MILLIDGE AVE.-SEACLIFF DR.-SEA ST. SEWER MAIN -
MASTER ENTER. LTD.-
~lALLETTEJ A.J. & SONS LTD. -b 391J
MARINE INDUSTRIAL & TECHNICAL SALES CO. LTD.-~ 507J
MOBILE RADIO SYSTEM -
MOTORIZED EQUIPMENT -
286J
2 93 94 97 101102 105
"
MURPHYJ COUNCILLOR - 11
.~ 'i'luRP-HYJ lOUISJ:lt~03;~; S~, 33,-
.
MAJOR'S BROOK - 17
:.-
~. . m.-1T 39;) 412. 599,
-
MASTER PLUMBERS ExAMINING BoARD 23J
~
~
MARSH CREEK FLOOD DAMAGE REDUCTION AGREEMENT - 24J 27J
427J 436J 4L12J 443J 444J 447J. 575J
-
MYERS R - 30
. MOUNTAlIN RD, .-c)6
II\A.YESJ WILLARD H. - 33J
90 140 174 313J 314J
,..,.:,-r......-:-~.. ....- ,.-...., F'_nT'l'_'"'" -'r-
~1'li L~I'J36~VI LI:~tfSl'ATES - :S92 ,
I'1ARITIME FORMLESS LID - 44 ,63,I04Jl12, 130, 174.190,197,207. 27GJ 398J 436. 457, 552, 630,
J66J86,97J 171 (STAIRS)j Fi1q (S8NER)
ilILLIDGEVILLE SEWAGE TREATMENT PLANT - 46J
I.
i~EAOOW1l~~IK {l.IIE - 46, 1CJt
MUNFORD~ f1ARY - 47
f'1ARTINJ ALBERT C - 52J
-:B' G 86,198, 322 352 378 396,
MoBILE HOMES - 49 88 89J 0 283 2':30 29L\ 2J7 3D ')16 317 326 346 353 358 *:0'
. .MACKIE LESLIE - 52J
MEDIATION OFFICER ~ 55J 56J
fllARKFT SQIIA~PRQIFCT)- 60;.7).74.-11)8 (STREETS), 167, 22'" 237J 253, 271.280,305. 306, 329, Y>L ~~_ 364. 7{.8J ****
MFMnRANDUM or AGREEMENT 57J
...
P'
"
....
MEmo CoNsT, Lm - 53)71, 7R.122. 123, 174. 707]SS.7~P.)7~q.741J.?41.747.7S).??7)S_R.3]4. 'i?O, 32L3?2) m.J~~,~"7) Vl375,~(
4 410 412 417 419 422 425' 426 435 442 443 453 45
MERRYWEATHER) CYRIL C,-55)
. "'bULAND) G, C- 59) 330)
fI'JBf~CLlJB trn - 16;
.. URPHY BLDG - 80 96
MUNICIPAL HERITAGE PRESERVATION ACT - 80)
MI LLETT) ROBERT N - 85) 178 ').57)
MILLIDGE AVENUE - 78 9
MARL! N CT) BELL MANOR DR. DOMINION PARK). l'lOODHAVEN DR" STORM SEWER - 64 .100, 173) Y3L
****
~.
.
_152)
i'IARTINON Cor-NUNITV RECREATION CEN1RE - 152,
. IVlANAWAGONISH ROAD SANITARY SEWER - 158 .
L-.
~~
. I NG DEVELOPMENT- IBD, :,. ,163
I
I" < "." 'r .
_ ~1I'.N1'.GEfY1ENT
MuSEUM) GEOLOG I CAL 177) r-
I. RKET C0M"11 TTEE - 183
(SEE ALSO MARKET ACTION CoM"1ITTEE - 282) 288) 523 )
I . RSH CREEK FLOOD CONTROL PROJECT - 185
M!\)QrlELL) JACK - 193
;1
i'!1\NAWAGONISH ROAD - 195 205
i'IABEY) l1JcHAEL - 209)
ilASSEY) PH I LLI P - 209
. ['bRRISON) BARRY - 227
1_llA THESON JEAN - ?2Z.
~1'iURRAY. ~RANK - 7;7) 239-
II'1ALoNEY J.E, -
.
I
I ~I
I
~~TI0N RFSCINnFn - ~
421) 515)
I ~tA.YES) i IRS, i~RTHUR - 237)239)
}rk)RRIS ST, - 251
;:iARTIN) CONSTABLE - 252)
I"lI\RITIME ACCESSORIES L
I
.
iiARITIME ENERGY CoALITION - 270
1:1ARKET SQUARE CORPORATION - 273 311 316 321 407) 475).486) 546) .
/II'\RlTJMF SrRAP I ro. - 279) ")33, "'180) 387, 399,
....
. f:1ARII No.N-=-282
~E'E'LEBECK,_C,_~t.lUL-=-.281
~lEN~S_CIJ.Y_&_DISJR LCLDt.lRLlEJI.GUE-=-.283_,_326 ,_3!!L
E1ANCHESIER_AVENUE-=-29S,_319,
r!1ILEORD_Rn-=-261,_231)
- tll.LL_BRo.OK-=-328,_S.IO,
.-. ,
.-- LbRNA-DR!.VE-=-328,
fv'IJWER-=-33S,
n ['1ARIIN,_BRUCE-=-.3!-tO,
- f:1WlI N,_SJ.\NDAA-=-3!:IS,
~I f:1ELANSo.N,_ELDAJLSUBDIYIS ION-=-35'J,
!!V\ILLET-,_LEo-=-3S9,
P:1ANUEL_R ,.L.G.-=-36L
r1UZZERALL,_DoUGLAS_P-,-=-~~,_3Z9 ,
- r~'iART-I.N,_J.l.LERED-=-36S,
n.. L'iART-IN,_BRucE-=-366,_36I,
I:1UN I.CIF!Al:-EUoCT.IONS-AcT-=--"57--3,
LlUSQlJJ.\SH_eUt1EI NG_SmHON-=-3ZS,
L1AsIER_eLUr1BERS_LICENSES-=-3Z9,
L1ANP..wJ.\GON ISHJ\RElLRES IDENIS_I Nc.-=-382,
t1ARIIN,_GLENNP..-=-3GG,
~URRAY.,_P-EIER-=-38I,
~I L1uLLALy.,_EowARD-=-38I,
L1uN ICIP.AL_Bu I LDINGS_ENERG.V_SUP-P-LV-=-39L
IV;.VgR'S OFFICE - 3~4 (ESTABU SHr~ENT), 42jL(s.ECREIARyJ
f''bNcToN, - 398 (AIRPORT); 613, 628 (legal sessionsL;
-
,
** '.mIO~S LeST - 317- 370 33S 3ro 362 73 3ZL! 31'1 3P''() 390 397 -0Q3
- L .. I. _ .'. ~ .. _,_ ~; ,_ .,_.~. ,_. .'_) _ .,_ . _.,_._) ,_ ~,_ _ _ .,_ _J., .__,A.0.7_,_413.,_4.2.4.,_4.4.4.,_4-4.6.,_46.1.,
489,' I 620,
481, 486, 488, 494, 499, 505, 510, 515, 596, 601,
.~
--e *** r!()BlLEJj(l1ES-(coNT~D )-=-3&l,-36S,-37.fUp-OLICV.).,_38S, 473, 637,
-
**** nl\RKET SQUARE (PROJECT) CONT'D - 369, )72, 377 (SEE ALSO. I v;'RKET SQUARE CORP,) 406, 426, 437, 438, 441, 465
-
470, 489,
-I **** ~IEIRO- CONSIRUCLIO N_LID--=-_5.l7_,_5.2 5_, 542,-22.5., 651,
.dE LNl:JARDL_HENRy_=---lJOI, /
J'lAGEE, _J._1._~09,_4E6, - ------~ ---- -~~-- -
UOG SEH EAD_BR EWERIES_LID_=_M09,-M 2M_,_L! 25..,.43$l..,-440r446,-4;i;i,S ll,_52I,.60L_.60 3,-..620 ---- --
I
i'lAllLSTEM SYSTEM - 41L
.- -...----- ~- -~~~ --.---- -. -
'1 I'~ILLJDGE ESTATES SUBD,- 417, S16, SL:8, 613,
._MAR LUI'1E_S.A.NU.A.HON_S_ERY.ICE.S_LID--=-.L'-4 3,_. -
/-
r~lEJ:.c.-? L1:____SL_~S_41,_45.9,
-~_._~ __ J'IY.LES,_ELLU10RE--=-il61, - .
MUN Ro.E,_ROB ERLE--=-il6f,
l~lLS.e.ELe.A.RL=_4 l.4,_YB.8, .~
J - ~lUSQUASl:J_HAIER1LNE. =---.48S, . -- --
--. - ~ -~ --- --- i~lEIRO BLDG~ -_486, _1190 ,_49.lJ ,_496 ,_5.lJ 3,_(SE E_ALSG_~JOR~SrSiARAEL=-dJ R'JliND~L8Wt:AV:E)_ -- ~ -- -
~ARTIN ALLAN R ~ 502, --------- - ---
- ________~___.__. ___.J__ _ ____.._ ___ -----
r'1U.J.O.N,_DOUGLAS-=-SOM,_530,_SL:4T;i;i}, ----- --
.- --~-- --.--------- --...--- - -------- -- --- ---- -- -- -- -- ----- -
--
I"r
f1JRRISONJ BARRY - 5I4J
MARLBOROUGH GRAPHICS LIMITED - S18J
MUSQUASH WATER AGREEMENT - 545J
MALUl.Q)..<EidRUMLL56L_SZYJ
i~ZZEROLLEJ MAURICE - 565J 609,
l'lLIEERJ ERNEST E - 565 J
r"boNEY J MRs, M. 1. - 565
r'lA. YES J HARQLD--=-.-5.65
MAILLETJ KENNETH J - 565
___ _d___ ..___
MALLOYJ GREGG - 583,
~IdtA.cIND.INLSoC IErc=-.595J
.
c: ..
1-
MIDDLEIONJ_DoUGLAs-=-621J
MELANsoNJ_ANGus_LTD-=-609,_638J_639~_6Y5,
~INGLEWOOD_CONCERJ-=-620 J I
f~IbbIDGEV.Ibb~I~ORTH-GND-bIONS-INC.--=-6.32
MUR~HY.J_WAYNE-=-b33~ . 1--1
MURRA'iJ_f!II.Cf:lAEL-=-6YlJ_654,
,
.."'-~
, 1--1
. l-
I .
.- -
" I-~
, -
.~
IL
.
.
OUNC I LLOR - /.
?~.76, 84,
- ~.
24 . 31.jiJ .h? 202 208 23t 232,256,257,272,283.296,297. 320) 328, 340) 343) 374. 397. 403.409, 423,
,~ .... .-""
438, ~13, SSG) 558
~1cKNIGHT) ALDEN W - 32) 2
McLELLAN HUGH r1 - 39) 84) 120)
McALLISTER JAMES M - 67
McGRATH) BERNARD - 69)94 109)1l0J18) 570 583
McCREADY). KAREN - 73,
. ~1cGRAW, MRs. HILAIRE - 75)
McCLUSKEY, LEo - 81)82) 331
rrtKAy ST. MAIN ST"PRINCESS CT - 105)
, McGRATH, MICHAEL - 120)
McFARLAND) SoN & HODGSON LTD, - 126,
v1cINTYRE, EVA - 132
r1cGRATH, HILLIAM - 144)246 247 251
1\'k:LAUGHLIN) PAUL 1L~,
-
MCGILLIVRAY r1ARK - 194)
filCLENAHAN, R.J, - 22t 227,
fiJcLAUGHLI N, BERNARD - 227,
. l1cBRIDE, PATRICIA - 227,
r1cFARLAND, HARRY - 227, 34t
MCCREADY) KAREN - 227,
McALLISTER) MRs, r''lI\RVIN - 237,239)
f1AcCALLUM) MRS, JOHN - 250,
~1cKENNEY, RONALD - 262,
fkCUTCHEON IjEIL.,. 275 293
i1cKEE, vir LBERT - 282,
1"lAcPHERSON) RICHARD - 281,
f1AcLEOD, DR, FORBES - 29t
!1ActJoNALD) RICHARD - 294,
r'1cCAVOUR, VALERIE - 297,
f'1AcKENZI E, CHARLES - 319,
['1cGRAW) ANTHONY - 324)
MCGINN) EST, OF JOHN - 338)
. ftLid1uRRAY) VIALLACE - 34L
f'1cDERi"OTT, DOR I S - 355, 394,
. - 374. 41?- -
-
<I / ~
.....
f.1ACPHEE, MICHAEL - 379)
MrIJ~RMOTT. DORIS E - 382) )
l~rRRTn~ T. ," ~qr:;
f~cG LOAN THOMAS - 407) 523)
l'lrAI lISTER, 1'1rCHAEL - 412 .1
1'1rKIFl. WII' IAM- 413
j'lCi'lANN IS) SHIRLEY) 422)
l~cLELLAN) KENNETH - 440)
i~r T I HFI FN . 446.
MACDoNALD THE HON, DANIEL - 465) ..)
1\1cLEOD ALL! SON - 478)
IkLFNNAN JUNE E - 509
11ACKI NNON) J, CLAUDE - 514) 568) 596)
j'1cLELLAN itW, (i~AN) - 541
,kl FOD. ANGUS - 541.
11rDOWFI I E.M, - 545.
1'ldJr I I lAMS JOHN - 551. 556. 569 573, 578. 584.
I.]rEI ROY DORIS - 565.
.
ilcJ~LARY. SHIRLEY - 565.
l'icALL IS TER) LLOYD - 565) .
I~ACCOUBREY ) F, EVELYN - 577)
j;IACKENZI L RODERICK - 596)
l'lcKIEL ST - 632) 63~L
1\1r1l1l1 ^V .lnl-l~1 n - hLJR
-
-
L
.. \ 4"
.
,
-
, -
I
1-
..".
..
-
.
,.~
.
.
\
l..j
NORTH END IMPROVEMENT CORP. - I.
NORTH END COMMUNITY CENTRE -
N. B. TEL - 9. 10
NEW BRUNSWICK ELECTRIC POWER COMMISSION -/~
NEGOTIATIONS -/j
AVINGS & LOAN COMPANY -/470,
221 224 23Cl265
NoRTH END URBAN RENEWAL ScHEME - 21) 60
129)304)313)
CT - 44
16
NON-RESIDENT CONTRACTORS - 34
NoBLE) D - 62)
NEGOTIATING COf.T1ITIEE - 55/77
603, 623, 624)
NORTHRUP, HACHEY & Assoc, Lm - 64,lCXL 139 159 174
, . NOMINATING Cof'1'o1ITTEE - 73-74,
'-
N,B,MuSEUM - 95
NEIGHBOURHOOD IMPROVEMENT PROGRAMS (N. 1. P.) - 107,
NON-UNION EMPLOYEES - 107 (salaries) .
1
NOISE BY-LAW - 111, 114, 116, lZ!:l.LJ7S, )~. )qO.
-
I~ORTH/SOlJTH 3 52 257 258 263
NATIVI
***(CONT'D.
IU. HISTORICAL SoCIETY - 184)
I-.JATIONAL HISTORI'(>~lTE - 184
320
~
I
PORATION ?lS. 505
-
iiJRTHRUP ExPRESSW Y -
ILB, SPORTS HALL OF FAME - 221
ILB, COMPETATIVE FESTIVAL OF f'1uSIC -
I~,B, YOlJTH ORCHESTRA- 228
ItlRANDA r1ETAL INDUSTRIES Lm, - 229 343 3~7
IJATlONAL BALLET OF CANADA - 234)238,251,
DIVIS ON - 239
NORTHERN ExPRESSWAY - 250,
.
I.JATIONAL BUILDING CoDE - 265,266, 319, 334, 353)
IjORTHERN ASSURANCE Co, Lm) THE - 266)
NORTH f"'lL\RKET VIHARF - 269 280
ELSON ST,- 269 220
IJATlONAL HARBOURS ED, - 271,309)
NIAGARA REALTY - 283)
NATIONAL HARBOURS ED - 285
NASON, LYNN A, - 299,
N, B, SCHOOL TRUSTEES' Assoc.." 311,- -_
..
f""lIII
, .
LILIF, .. IJh7. 4~9'
, ~
NEWSPAPER BOXES - 574
N,8, CHRISTIAN HOCKEY CAMP - 599
N, R. POI IfF
I~ R -633
\
***(CONT'D) NORTH/SoUTH ARTERIAL - 4G8, 415, 446, 453, 458, 461, 523, 527, 539, 540, 546, 552, 555, 559, 575, 577., 59L .
6Gb, 6l':t 634, 635, 636, 642, 648,
-1=
""'~-'
~ '-
.
.. .
-
~
.
-
.
....
-22,
-I
.
, LL - ,
0' bR I EN, i'1ICHAEL - 593,
"UPAI" - 602. 604.
nil - hq]
OLAND, RICHARD H - 653,
. ,
.....
~
-
I
.'. .
.
-.
~
,
,
PLANNING ADVISORY cot'f'1ITIEE ~ 2111213 22~4L'49}5L59~;6U~62,67~'67)4,87,82~87~88~93, 94,
,777,243,273, 379, 385(MEETI~IGS),53Z,539,S56,S65C^,PPTS"), 566-,576,
, 115, 116,127
. PRTMF ~'TNTSTFR --5.-lZ8..-244
AYNF. MTrHAFI S.
llrFMFN's HAl I S.lS,
l!illNG fi.498
P OVINCIAL-MuNlCIPAL COUNCIL - 9--2-05, HiS. "37~,ii89.,_52fL fi3]. J
POLICE DEPT9 25,27 ,21,15,18,40,52,68,84,86, 103, 153, 205. 207, 322--389,503, 563, S74, 598--605.,
PURCHASE OF TREES - 9,
PARKING - 0,2L23,65,69J9,98'J-165, 173, 177, 194, 196, 201 272. 284 .37~,_3.Z5~,3.8.~ql. "3q? , 447,-Wl8,-
543, 552, 574,
POLICE VEHICLES - 10,17
PROCEDURE BY-lAW- 10,11,19
PROGRESS PAYMENTS -10, J209,~.3~1f.!:I18'~47S.4Cj7~1)n--5lL57S.S"3"3}i47,SS2.558,562.,568, 599,503. fi18,_
630 63LL
PLU~'lBING BY-lAW - 21, 536. 544.
PROVINCIAL GOVERNMENT - 12
PARKING OFF-STREET - 13 48
PETITIONS - 1425,35,39,69-76-79,80,96,98,99,106,114, 121,127, 128,--15~J~8J~J187, & 20L 2~ ,251,.259_
, ... 289. J06 /~2D..322,J29)~3L 334., 346,,-364,374, 40 5 ,JW9-,-44L 441, 4%.li7Ji-,li7-5~,liJ-~~N;-'-D -
"PEOPLE TO PEOPLE" PETITION FOR CANADIAJ'LUNIIY-=-l4.
POLICE CHIEF - 15,16,42,52,54,11)2,_633., 69).
-I
PRIVATE ROADS - 17J8,97,' ,Jill
PALMER STREET - 18,
PAUL'S TRUCKING & DEfVD CO. LTD - 16,64J7, .J_lZ~.--18fL "3S7. "3fiS.3Z2J37~45fL-4Z9...-5JS.
- 5Ll4.
-
PARRTOWN TAVERNS LTD - 21,
PARTRIDGE ISLAND - 23, 119, 319 402,
POLICIES & PROCEIlURES - 22/63,83,97.102, 17s.l3O (COMMITrEE); 140..1 143, l5O, 151.-152,.188. 203272 CREZONING) 293, 296,
310, 372 (STlmFNTS): "386_Ci:J1RING RFI ATTVFS)~@6.. 458 CC.. [1;B--'-EXEFNDlTlJRES)':JiZL302', '503, 544, ~/~55~5ZYJ9, 612
PYE, COUNCILLOR - 24 ' ,
PLEASANT CITY STREET - 25, 35,
PROCTOR & REDFERN L TD - 27, 112- 20lCREPORT), 219 (DESI-GN STllIlY) , 255 ,
PARLEE, DR. H.B. - 2L,
PARKER, DICK - 33,
PALMER, O'CoNNELL, LEGER, TURNBULL & TURNBULL - 34,
PLAYGROUND - 35,4L,64,
PORTER, JEAN - 36, 227,
POPULATION - 37,
PIERREVILLE FIRE TRUCKS LTD - 44, 369. 457,
PALMER, PATRICK - 47,
PARALLEL TRANSPORTATION - 5L,
PARKING COOISSlON - 51, 146,lSfL22Z, 778. 243, 344,-364.-406,-441r-511, 522/-565,
-
1
PRINCESS ST - 69,79,
PARADE By-LAw - 65, 125 ,~~7,
Po y CEWLLm_~JJ.62:.J 8"3.
Po ICE CoMMISSION - 7S.
PREMIER - 75, 312.
PUBLIC HORKS CANADA - 82,
PARFITT, JOAN - 82 , ,,1. 41S.
PARADES - 83, .
PARK AVENUE - 91,
PRESERVATION REVIEW BoARD - 80-95
) ElCE..RI DG 80.95,
PROVINCIAL BLDG - 80,
POWER COMl'lISSION - 95, 99, 175. 180,205. 777./-341, WI, 430, 458--565>
PING PONG - 99,100,
urc
POST OFFICE - 102 (Ave. )
PORT EXPANSION: 101103
PENS ION PLAN - 108
-
~. 295, 305,306, 34L 354, 538, 539,
(SFF (TVTr FMPIOYFFS eENSJ.ON PLArV
,r
..
ST - 115 468,
PATTERSON ST - 127. 195,
PUBLIC REL8LLONS OFFIC - 13 .
"PERSON DAY" - 137
PRINCE WILLIAM ST - 155, 7SS(PROPFRIIE
PARKING METER By-LAw - 150 1
PINE AVE 15L193~
PARKING METERS - 181, 184, 185, 1~L277 ~11..
POINT LEPREAU - 164,270 283
PEER, GERALD - 175 207,
PAUL, LLOYD - 200,
PIPE - 205, S ..
PEARCE, JOAN - 209. 331
' ,
PETERS, HARRY - 217
PAGE, CYRIL - 218
PARKWAY ['1ERCURY - 220
PIKE, EILEEN - 227 ~ 514.
PALMER, PHILLIP - 227, 523.
POTTLE, ARTHUR - 227,
PEER, HAROLD - 227,
PEST CONTROL - 228
PHILLIPS CLARENCE - 243
---flRINcE EDwIlRD SQIIARE--=--U
PRINTING - 248,
PETERS STREET - 251,
PAESANELLA RISORANTE ILB, LTD, - 251,227
-gIJ:~ !1,; lUP;8P;t!;~AcSfuDYc:Cm~MLiJwt:-
~P AI MFR. I Jiill.lN
PIli pwoon - 7Z5,
~JOHN - 291. 3~.331
POND. EAJll - 309
__POUFflKBARGAiNIM, crN~
--.fuThst:UERMINAI - Wl. 1~L
PHINNEY. G
PRICE, IjEIL - 338
POTTER JAMES - 338
.'PURDY. R.D. ASSQ
PAPPAS, DENO P - 349
PIZZA DELIGHT CoRP, - 352
PIIRT-Tll:1E-s:nJDENTS :i12 (HIRI.NC;
PROVINCE OF I
I
Pm 11.1<" - 38E, 393, 410
D
,.
PFS.' ,JOHN H :,:' Ll12
N - 429
PORTI AND ST - 4Ll. 485,
PROPERTY , CITY-OWNED -529, 545, .548, 505 , 527.
PERSONNEL COMMITTEE - 535
PLANN I NG & DEVE LOPMENT COMMI TTEE - 535, '
PROTECTION COMMITTEE - 535,
PEACOCK, GORDCl'l - 545,
PUGH, DR, EVAN - 555,
Phi FY.
~RINCESS GAL Y
POll CE ACT - 5b9
Po I E INVESTIGATION - 557 571 578,579,585,
PUR E L BURTON - 584,
PORT CITY HOCKEY SCHOOL -599,
PROSPECT STREET - 501, 603, 620,
~AYGROUND EQUIPMENT - 605,
PARLEE, IjELSON - 527.
PRENTIS, GEORGE - 533,
~.. -
,..:.~;...,
""-.-.,
~'.
~
- 555 575
p
:;0
,
-.
338-
PRolI~1I tSJ:UBCi.i8SElJ.:_2n,_5Z,_133,_15L_IGL_163,_15Y,_158,_llO,_JZb,_lBfL_193,_211, 243 ,-2lJ2,_26~-I,_29'y,_295,_lQ3t. 342,_
~),_35Z,_3CY,_365,_3Z0,_3Z2,_3Z3,_3Z8,_380,_381,_3u"9 ,_395,.JlOL.JI02,--:Y08,_4CB_,iJ 20,_4 3.b.,_4YU,--.il55:,_466,_4Z8,_
- - , , - . -
~B~L--.il88 ,_521,_53.9,_SlW,_5Y5,_5Y6,_5 5SJ_5:JL_605J_606:,_611 ,_633,_5YY,_652,
387J
~~OeERT.IES_SOill:_19 ,=65 ,_6ZJ_7ilJ_Z5 J_101J-]26 ,_143J_15L_IG2J_200 J_243J_250~_26L_262J_3lZJ_3l1iJ_3ZDJ_3Z8, L395~_402,._
!,Jb!O.J-4.55.JliZ8J1l88J_5U3.J_50 8,-509.J-521,_5b!O.,_5b! 5.,-5 55.J-56 5.J_5ZZJ_583,._609 ,_611J_621J_62lJ_~Z,_652,
* * *P-E.T-I-T-I.O NS.:-53Y.J-5b!Lr621,-632.J
-.
F.'ARKI NG_METER_Y.LOLAIIONS-=-61L_632
I?P..L.M:RJ_LERoLC-=-~ ,_6!i!:lJ_65L
f?LTL_JMS-=-6YZ,
eETROElNA_C~A_LTD..-=-6Y9,_b50,
I?AINT_SHO~~RSH_CREEK_BRIDGE-=-652>_653J
\
"
.
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-.
.
...
....
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EBOeEEIY_~RiDGE & HAMMoND STS - 1J2J26,29,66 I , / :. ....t..,"'\C; ~ do.:--;<4U/I'-'o/ it- 1", '. ,.-:'" f:7rf )
BURPEE AVE - 3. 20. ,} I r .
,..(. . ~ . .
137 ST, JAMES ST - 3J 20)
SOMERSET ST - 5. 67 J 87," I.
- ANTHONY's CoVE - 7J 30J
47 DUKE ST - 7 J . ,
LATIMER LAKE - 7J
GOLDSWORTHY ROAD - 7J -
t1cLAUGHLI N RD - 7 J
362 SOMERSET ST - 11J .
!lAYSIDE DRIVE - 11,42J65J66J .
=1 ELLERDALE ST.- 12J 43J 67J88J100, -
)
BROOKVILLE - 12J17J ~ -
-I... 240 METCALF ST - 13 J .
WATERLOO ST - 13J21J41J42J65J .
40 LEINSTER ST - 76J 93J lllJ1l4J , o.
J 49-5L ExMJUTH ST - 16 .
.
77 VICTORIA ST -16J .
=1 144J 1
16-18 MIDDLE ST - 16
15=-V HARDING 5T- 16
'.-
lj8:5{n~ECKLENBURG ST - 16 ,
PAlJ'1ER S=r=-l!
,
. . . '." 366 SoMERSET ST - 76J 93Jll1l4 . ??R. 244.
~ ..
em RD - 21J
32 WATER ST - 21
-
169-171 LOCH LOr-'OND RD - 22J43J66J
- 1233 LOCH LOr-'OND RD - 22J .
POKIOK RD - 24J
JONES DRIVE - 24
112 QUEEN ST - 25
4 MILFORD RD - 67J
671 CHARLES ST - 69,94J 109;110J1l8J
SPRUCE LAKE 84J08J
70 W NSTER ST 84J08
J 135J 147J
4 MILFORD RD - 87J88 J50Jb/J58J
419 !lAYSIDE DR - 16J .
2-14~soN-ST . .32,
619 BRUNS..lCK DR- 32.
118 BRIDGE ST -33J
llS-120 ST 0 JAMES ST ,-33J
5~-51 Em5Lmi 5T - 44J 77J
99lJlI1ILLlDGE AVE 49J
1 MECKLENBURG ST 51J
FosrE~-fHURSTON DRIvE 59J
153 MAIN ST 6L
-6 r.HIIRrH AVF - 61
.
?04 KING-ST. ~JFST - 7n.
2207 OCEAf'J I'IFS1WAY - 79.
92 ELLIOT Row - 83J
101 ROCKLAND Ro - 105J
400 MILFORD Ro - illJ
998 ROTHE SAY Ro~...
77 GLEN-.Ro - 120 '99 .355J 363
LOCH LOMJND Ro - 120 20~.216. 381;' 382J 394J 421.
138 WINSLOW ST - 122L-l??
LATIMER LAKE RD - 123 J_463...
22 f'1ILLlDGE ST ,;. 124,165 170.178.179.185 192 237J
=ILGI FNVIFW A~,IJ5fLl6E.
GlwJmLillL1:\v.L::.J.63..l85,1186,199 ,218J219~225 J 421.
230 ROCKLAND Ro - 194J205J206J233, 340....-
2304 OcEAN WES1WAY - 136,147J148J
394 SANDY PT, RD, -198J232J233J290J
326 [,1I\IN ST, - 20L23L242J
112 PRINCESS ST, - 201,230,242,
\'/ Ol1'l~RD AVE, - 236 ,
WHITEBONE WAY - 144J
CoR, BRIDGE Sf. ti1l\IN ST-192.?15J
..
-ll
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-92 ST. JAM~S+-. -
----UO=-122-B1uoGE ST - 1.88.
~T. ANDRFW:L~L=.J.89..;22!
J-.-Sr.,~8UL Sr - 13:L 220
ASHBURN LAKE RD, - 208.231.23t Vq: ~%. Lj()CJ.
GRAND BAY - 211. 325 L32fi..~331 , . . .
213 LUDLOW ST - 211.237.
T HI RD LOCH LaMoND - 215.
131 ST, JAMES ST - 228.268.280.
.SANdcRoINT: ROAD,'::327. 3Ll8. 414.
226 1/2 ROCKL6.ND RD -237.274.380. 381.
228 ROCKL6.ND RD - 237.274
SoMERSET ST (S & A HOLDINGS)- 237. 267J 268. 279
RANGE RD - 244.267.279.
291 SIMPSON DR - 263.298J 315
219 PRINCESS ST - 264J 274.
1310 ~1ANAWAGONISH RD - 266J310J
209 j''14IN ST, - 274J
CoR, f1ILLIDGE AVE & DANIEL AVE.- 275J293J 327.3i.J~r330.-
~IJIli:KEY:\D. - 2ZS..... 401. 407
-..lKI\-TIlliI2 JOURI- :3%1. :fj7 .368. 377,
4 loCH LaMoND Rn - 287
203 i'1AIN ST - 290J-3
III r'14NNERS SUTTON RD - 310J
691 SOMERSET ST - 310J
202 WATERLOO ST,- 313J 351.
I~ICOLLE RD, - 314. 351J
CEDAR POINT JlbBILE fbMES SUBDIVISION - 317J 347. 358J
~2Q6_Boctl.../lJ'Jn...Ro.8[) - 344
~(LCJ:luRcI:LAvENUL=-_jY5J
_r~ETC;AbF STREE (ALEXANDRA SCHOOL) - 347 J 348 3:;8
11SJ ]]4 RODNEY ST, R 114 WINSLOW-ST - )70,_~~50~35B.
-lliCKEv-RoJill_-=-.-350 ...JJ55,
RROAD STREFT - )),,1. )5Li. )')<). 570.
.
I
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~5 f''14LLETTE ROAD - 392.
ACAf>1AC - 515J
II~IIIIERSITY AilE - )46, 411 ,
558 BoNL:rA AilE - 403__432,..JiOO.
301 SANDY P~
48 ExMoUTH STREET - 40:;, 406J
273-275 CHARLOTTE ST - 406J 453J
Ma.RKET SQUARE - 344. 3b8. 369. 377.
[RAWFORD - 355
--.---151 I orH I ormND ROAD~5~..JJI6.
IORNEVILLE ROAD - 366 367 377J
GAULT ROAD - m
55-b6 MA.IN ST, WEST WALNlJf ST. ETC - 409J 424J 425J 43~J 440J
36 ST. JAMES ST, - 421J
S,J, REGIONAL HoSPITAL - 428.
IV1cALLISIER..J)RLvL=..iI3U...
185
-lJRuR't
ST. CATHERINE ST - 439 445
S Y G ENS 434, 435 444
-A$HRIIRN ROAD - 4)R J 4h7. 47) CMM:KNIG8Lf1:JIORS)
58
)4-)1) ST. ,IAMFSLL~.=2:L&slJAlN - 459
1X-),1 AnELAlDLS.T - 41)7. 4Sf1.
-..--Zl ST. JAt'ES ST - 452.. 454.
-EoIIRIFR I)RIV -
670 CHARLOTTE ST- 4:;5
COR UNION IS. WELLINGTON Row (TEN EYCH fbTEL) - SOLf 510
131 BEACON ST - 51DJ 530J
I .
(
'....
II"l
IJII~-MAP rmlST, LTD - 16 17 15<. ~ 4g.h~hLi 717QQQ 1m 1nLl117 1'1(1 1<(11<(1 ll1f)lR 17/1 1m 207 ?1J7 ~7n
'(00 Ll1Q Ll7..7 LlJ:..7 LlhJ:.. Q)h' ~nu. ~h? L;7L; h1Q
- QUEEN SQUA.RE 71, 140, 159, 174, ?Q7 f. _\ , ~n ~7n ' .):)M 443 (WEST) 457 553
QUEEN ST - 79, 98, 116, 575,
QUEEN ST RETAINING WALL 384. 443
QUIT CLAIM DEEDS - 10l, 446. ,
- I
QUIGG. JOHN 183. ?IJ~.
~ .. .1 Tn ?L1l1 '1l:::f1 l:::'17
~ _ '(LlJ:..
-
QUEBEC I~ORDIQUES 366. 411 511 582 .
QUINN CHARLES - 540,
.
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.
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~ETIREMENT!'; -I.
~orrA GROUP. THE ~ /,/~',' 47.' 1m:
1f1?
-
272, 277, 77~_ ?~, 111: 1~1J 516J ~2),
ROBERTSON SQUARE - /, 3S. 1Q.66. 6Z 97.98. 1n~ 171. 17~. 1RO.313. 552. 562.
~ ~
__ RE-lON ING -t\~4'/~/~ 20. n. 26 . .31,,-3Z.~8).JlA2,41))1.n7. 67.69. 76.M.87.AA.94.l07.109.111Jll3.114.11S.120,127. 134JUi
~54. 201~211.218.23r;236.244J256J
. -
-1
IlAY=DOR LTD. -.~ 7f1:93.llL1l4.n4. 13S.278.244.
RFVFNIIF fuOPFRTI FS - 9. R'..
ROCKWOOD ~ARK - ~ 140.748.113. 1n1. 3Q1 (!';TAf."JnPIPF): SS3.
RE-ZONING PROCEDURE -/~ 392. 395. 452. 453.
RorKwooD PARK ADVISORY BOARD - /,J<. 73. 74.107. 727
.
REF ECTIVE BUTTONS - 18
. r.. - 7SJ 36J
*RF!';lnFNrv OF rlvlr FMPIOVFF!'; - 13. 7S.
. ROCCA CaNST. LTD - 35J64.99.104. 457. 466. 525.
RFYFRSING EAIIS TOURIST BUREAU - 35.170.
RYANJ MEDENA MAE - 39.52. 86,
"\ RED HEAD SEWAGE LIFT STATION - 46 J 29L
RIDGE STREET - 46J
RICHARDSONJ LoRNE - 49J
RECREATION & PARKS DEPT - 5L 96.102. 552 (POI ICY).
.
RYANJ GERALD .J. Ca LTD - 63J 77J112. 139. 173. 100.222.223.370. 418. 467.476. 486. 4ffi. 4'17. 5Q7. 567. em.
RAGGED POINT Ro - 68J
RAFMMFI F. FRFn W. - fiR.
REIBLING. ~~S. GEORGE C - (pHYLLIS) - 76J 33LJ
,
ROCKLAND ROAD - 76J 8Od63.710.7S7.7S7.7n3. 3Jq 177. 137. WI. 347.
-
.. REEDJ BERNARD J - 76, 78.
REFUGEES - 77 J 84J
RIVER IkJ8ILRATEPAYERS-84.116J139, lX~\.lgS.7U.
RII FV. I !OVO - 606.
118. 1f1n. S33.
~ .
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/I /I 1 167 601 612
RESERVE ST - 86 97 98 106
/
ROTHF!,;AV A
RECREATION SUPERVISORS - 55J
ROCHEJ PATRICK -94J 184J
ROYAL CANADIAN AIR CADETS - 95.
REsiDENtiAL REHABILITATION ASSISTANCE PROGRAM CR. R.A.P.) - 103
KEIDJ GERALD - 606, .
ROBERTSON U\KE DAM - 104 .207.
RIVER AVENUE - 117J
ROYAL BANK OF CANADA - 120J 143J 352J
l
1,
162J 336. 413. 498. 558. 563. .
f
.
RFr.RFATION kBRllNSWICK CONFERENCE - 126
RICHARD'S SERVICE CENTRE - 127J 252J
ROADSJ PRIVATE - 130J
ROBERTSON, CHERYL - 137.
li..
~
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ROYAL.TRUST CoRP. - 144J
RITCEY. P.R. - 152,
RICHARDJ RENAUD - 163J
ROCKWOOD PARK GOLF (OURSE - 166 .4hl. ~gLj. SR1; c;q).. c;qLJ+-602.J-B\l(coNCESSlOOL_~ZJ_65blJ
RICEJ WILLIAM S - 170J
RODNEY ST ..!- 173J
ROBINSONJ MRs. (,E. - 178J
ROBERTS, ['IRS. LAURIE - 163J
RECREATION & PARKS ADVISORY BoARD - 127J 263. )4Lj ShS.
-
.-
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ROBERTSON, KAy - 127,
K
RICHARDJ A.W. - 227J
l-
"RSUS(I AI~ljE" - 230 ,366J
~OCKWOOD AVEJ~~RLBOROUGH STJOAKLAND ST - 233
REGANJ DONALD - 243 J
RILEYJ LLoYD - 243J
R.C.M.P. - 253
~
;{OBERTSON PLACE - 259J280J
REYNOLDSJ LINA - 282J288J
ROCCAJ PAT - 300J
.
~ov AI r.ANI\D I AN LEG I ON - )L1f). ~Y4. fiS4.
Kov,JAT LTD. - 31)7.
KFFIISF roll FTTIO~I IINITS )70
___Rlr.HARD. AI FRFD - )7R.
.
rllISI INr:;; FRANK - 300J
KOOFRICK; 1'1. lJARRY - 382,
~lm-'l?3"').
.
.
Rm HFAD FORrlOMA IN Ii, pi rMPING STlITION - 392J
RlTrHlc HI or:; - 415J
RAGGED Po I NT ROAD - 412, 525.
"RIGHT TO WORK" - 47'1.
ilEGISTERED NURSING ASSISTANTS - 441. 41i4.
"RIGHT TO LIFE" - 447J
i{ESCUE TRUCK - 457J
KIISSFII ST. SFWFR SF~ARATION - 4q\.
-
.
REMEMBRANCE DAY - 4f,~.
L-
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RiCHARD. AI I ISON - ~l.
~ KoYAL HOTEL LTD. - 4~3. SflLS.l5. '171.
RILEY, I'loSHFR. ST:~:- r;~
KOTHE;AY AVENUF WATFRMAIN [Il:STRlJr.TION - 1)11. 568,
i{orrA (iRor IP I1ARI(FT SallARE DEVELOPMENT LID - 515. :121J
___RFNT ARRFARS - S)q.
REIGGERJ K^LPH - 54S,
___RlJMRLE EQlJl PMFNT I m - SSR.
ROTHESAY AVENUE SEWAGE TREATMENT PLANT - 558J
RALPH'S TRUCKING LTD. - 563J
JEVIF. CATI-lFRINF - SfiL).
REYNOLDSJ RICHARD - 566, 58]J
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RODEO EAST - 607, 613, 621, 622, 633,
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RICIoIARD,-RAbP-r.l-=-i)M.,
IIDLl:1E'AIL8ooEOv.il'lERsJ.I.S.s.Qc..-=-61~,_62L_63L_635,_63.6,
RO~l'l_C8TttQLLC-BJ.sI:lQP'-QL.s8INLJ.OJ:j~-=-632J
Ro~cl:I, ROBJt:L=....633
ROCCA, PAT - b33,
RI~~RDJ_f~RIPl'l-=-633~
REG8LJ~I:fJLES8LERS_LTD-=-621J
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STAGE ONE THEATRE CO.- I-
S.J, rOLICEMEN'S PROT, Assoc.'.":'
. SPRUCE LAKE PUMPING STATION -
STEPHEN CONSTRUCTION CO. LTD. -Z,f,17 .;JO.. ~..45, 4fi.72)03.~96. ;JD.. 738.73-1.740.741) 741,
SHEFFROTH, ~1RS. A. -I), lj19J91.251.
SAINT JOHN TRANSIT COMMISSION - 95,100'
1~5, 228,251. 282, 295, 311, 344, 409). 410, 428, 595, 595. 521.
.
sm (EASTERN) LTD. -I)) 468.475.
S.J, TOURS & SIGHTSEEING LTD'-L~30. 133. 156.
SUBSIDIES -/~
SECUR ITY - /~ 1)37 SR
SUPREME COURT ACTIONS -/5
SEWER- 15,34. 45,h3. 89.100104, 139: illJ74.FJO. /117. 3S1. 3110. 3fi9 413.422.457.475.4::)8. SlJ.3) 517. 525. 542,
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s~7.103.145, 315.350,533,
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STEVENS. JEAN - 25
~ I, YOIITI-j DIVI<;Int\l. Pnl IrF J)IOPT - ?S. 3?? fi?? (PRn.IFrT). fi33(rof>1MITTFF)'. fi41 (PRn:IFrT)
I'wGlr1" .
STU HURLEY ARENA - 34 ,551. )69.
SEASIDE PARK - 34
SHAMROCK PARK - 34, 158,
SPRUCE LAKE INDUSTRIAL PARK - 38
S,J. TUGBOAT Co, Lm,- 39,85,125. 171. 178.402,
SHILLINGTON SUBDIV, - 38
SHILLINGTON, ARTHUR & VERNA - 38
STREET C~OSING - .41, 53. S5~9.fi7.55. ffi..94.95.97.98. 1m .10fi.118, 121. 146, LOO. W, 246.255, 2:>:J, 270.280,444,4SL4::b,
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47'5.474.4RJ.4lJ3.4Q4.1)l.JI). SQ1.S'13.filh.
- -
STREET CLOSING Bv-LAw - 41, fiS.110, ill, 121, 130, 4Lj4.4gLj.SOi/i1~52l.E16~6J7. 57S. 525.
.
STACK, JAMES - 41,42,
S,J, JAYCEES - 44, 588,
SALES TAX - 45 (PROVINCIAL)j
I
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SHANNON7 GFRAID - 47.
S.J, GFNFRAI HOSPITAl - ~ . S4.
.
SNnWFI AKF I [ME LTD, - 50}4, 1?0. 1?3. 140.
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STIMULATION GRANTS - 5CL 223- 575
S,J, HERITAGE TRusr:INC, - 51 9
181 219
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SHERIFF, JOHN - 49,
ST, PAUL'S CHURCH - 53. 5h 5Q. 753.
- -
SIlVER FAI IS ~EVFIOPMFNT Co. Irn.- 60~
S.J, HEARING SOCIETY INC-52.
SEWAGE LAGOON - 50,
. S,J, REGIONAL HoSPITAL BoARD - 56, 387,
STEELE, JOSEPH - 72, 127, 91).
STEl/fN<;()N ~ KELl..or. OF fWUF:'\X:'" 73,-100;
SHEEHAN. FI ElINOR - 73,
l
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F I FA<;F fi7. 126,
9 64 171 177,
S,J. DISTRICT REFUGEE AID Assoc, INC - 77
::$;=!Ji,!;:~or1i1J;~tfIACCF.I~TERMENrS 'AssoQ.~, :03)lj405, 41J.
--
<;TR~~T II(';HTlN('; - 7fi.78114, 116, 14ib, 162, 173, 175, 557. 5~1.
SoUTH BAY - 76, 78,
SHARPE. G- 82
SUBDIVISIONS - 81,95 176,
1-
SHEA, DONALD J - 84, 1
185 427. 563.
- SEARLE, JOHN - 9L92, 277,
SUBillVISION BY-LA\~ - 93, lCXL 107,108,
l
SMITH, N, E, PROPERTY SERVICES Lm - 94, 275 r
S - 1
STEVENS, /1Rs. ALFRED - 10l,
SCOTT, VICTORIA ARTHUR M.- 103,
'71' 7/f,
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S,J. SULTANS BALL HOCKEY TEAM - 105
SALARIES - 107 J08,
ST, JAMES ST, HEST - 110,118,
SLEEP, BETTY - 11l 116, 174
S,J. HARBOUR BRIDGE AUI1iORW7 T llLl, 177, 21.f3~
S C IR AVE. - 114 181
SPEEDLIMIJS '-.116~139 , 533.
S,J, LAw SoCIETY - 119)20,
SANTA CLAUS PARADE -1l9,120,n1. 147. 17WM. 775.454,535.
SoLID I-!ASTE By-LAw - 124,125, 131
SPRUCE LAKE lANDFILLE SITE -125 (fees); 19E. ?m"(F~"'~)_ ??l)")9. ?~7. /62,328. S08,SlQ/1l).Sr1.S41:Sm.
STREET NAMEs - 130 (historical);
S,J, FUNDY REGION DEVELOPMENT"COMMISSION - 131 250, 26 2, 272,
S. J, \iOMEN I S POLITICAL AWARENESS GROUP -137
1=
.
--
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86 490 494 496
.
7n.
SnIITH END (N I p) ,IF I GHROLJRHOOD PROGRAl1 - 180
~
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sUll'CO DE\lELOptiNUTD, - 18"). 243,
SNIDa-CONSllLTANTS - 1CJO, 4nS.
S 8. A HoLDINGS I TO - N3, 1QS,236,237,267,268,779.
S..I. r.H,APTFR OF FPTI FPS'LillLloc.,~4
SIMONDS ARFNA-=-l97,26S, 63].
Sr:ALES (WEIGH) -196 J 443,
SHERWOOD, \''\RS. STERLING - 201,
S,J. CONSTRUCTIlli ASSOCIATION - 201,310,312,,604, 622, 624,
SPECTRUM ENTERPRISES LTD - 202 , F,3S,
S,j, SHIPBUILDING & DRY DOCK Co, - 205,336, 346, 355, 362,493, 5Ji~~521~22- 524, S48,
SFCURITY ELECTRONICS LTD - 207,
S.J. HOUSING COMMISSION -209, 445, 594,
SAND COVE ROAD - 2l0,
S,J, PORT DAY - 214,
SAND, GRAVEL, LOAM - 214, J43,
Sav1ERSEt?ARitfjOrriEbWNERsJNC~555.JL Cun.,c - :~1~;.
SCOTT, ARCHIE - 217,
SWONDS C''E~fE;NNilW~ R IcN.KJ - 453
SCHERMERHORN, BARBARA - 219, 227,
SlMEs.GN..._~220
S.TAF.E.QFIDJ J, HAROLD - 227, LjQL
STEARS, GEORGE - 227,300,
SCOVIL, JOHN - 227,
SMITH, JAMES - 227,
SALVATION ARMY - 228 .Lj21LLJli~~S9,
S,J, HUfv1AN DEVELOPMENT COUNCIL - 228, 183,2562Z4. 430~Z9..._S03,-500._622,
S,j, HORTICULTURAL Assoc, - 228,
S.j, REGIONAL LIBRARY - 228.250,--565,
SENIOR CITIZENS HOUSING - 228
S.J, FUNDY REGION DEVELOPMENT CoMMISSION - 228,300,
ST, STEPHEN (TOWN OF) - 228
SPAR COVE ROAD - 229,384, 42b,
sMJ.:nt,JL--.CARwRUsT - 15R
SHAMROCK REALTY LTD, - 233,~Q..J:l3L-42.521.
S&YAGE-Corps & FlRUOLlCE - 233~fi1. 417. S33~~605.J_625..
.
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S..Lfurrs_~ 7)4. 7")8. 7S1.. 489, 574. 582. .' ~
S ,.J-L-SElliQILlhn_&~SEl\RCH I NC - )"37.
$ooFRVI II F.J.iI'im R - 741.3.~
STEPHE~RAu=>H - 243. 4bl, fi47.
SillNELCAsILLLrn. - 743 -
. S I MOND.sJjlGI:LS.Q:lOQL - 243.
SWIf'lMING POOL. - 243
SIMONDS LOCAL SERViCE DISTRICT - 244L-267 -
STEPHEN, DR. LnuIS - 244,
STANLEY, DR. ERIC - 246,
. SANDY POINT ROAD - 248, -
=1 STEVENSON, EDwARD - 250,
SKINNER, DR, I.JaRMAN - 250
S IG. BY. LA i --93. _.
'FL .'~ . \ .:. . j, ....5:19. ~ ,
SrEElkKEN - 7S4.
SFABDABDJ)lESELlrn,-=-261,
Sm....4.RL-V.JRGUUA (F,l.
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-I SrMf'S~761,
S..J. f~lI(;RY FOOTRAI I rl IIR - 76'5.. 344,
SMYTHF SI-=-269. 28:).
SoonGMs.5.L-IlooALD - 275 291
S'fERIJOO. iINYkSTMENISLUDr~ 8U5_U18:,.
S.J. Assoc, OF THE DEAF - 281,
SPRUCE LAKE HATERLINE - 279,
-. SCHOOL BUS(SAFETY \lEEK) 283, 648 (CHTI nRI=N ~ G)
STEVENS RD - 283
SEWELL, DAVID & VALERIE - 282,28,'1,
STEPHEN INTERIOR DESIGN - 290,293,310, .-
S.P.G.^, ')01
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~J:o=of'ERAILvLL:rn.-=-29fi. 797. 309..JJ6W~.
SLOAT. D.lL - 797.
SEWELL, I~ELSON J - 297,
S,J. RIVER - 309,
S, J. HARBOUR - 30':L
SPORTS COMPLEX - 310, 327, 365, 379 A58,488j:i2;S2Vfti,
SPRINKLER SYSTEM - 314, 360,
S,J, LOAN Co, - 295,
STAND-BY EQUIPMENT - 18'2- 315, (SEE...BlliIPMOO)
SMITH, HILLlAM H, R, - 318, 565,
S,J. CoUNCIL OF WOMEN - 319, 344, 609, 620,
S,J; AMATEUR SPEEDSKATING CLUB - 324,
S~L BUSINESS CoNSULTING GROUP LTD, - 327,
SOUTH END DEVELOPMENT CoRP, LTD - 330,
SCOTT, BRUCE - 331,
SHACKLETON, JOHN- 333,
SUM"1ERVI LLE, i.1ADELI NE - 338, 628,
S,J. AMBULANCE - 339, 345, 3S5, 418,
SHELL CANADA - 352, 649, 650,
SOMERVILLE, n.H. - 355, 379
SWEAR I NG - I N OF CoM"'ON CoONC I L - 357,
SAUNDERS EQUIPMENT LTD - 370,
SCOTT, EVERETT R - 373,
SIX CITIES OF iU. - 373, 4L~, (SEE ALSO Cn-IES OF iJ,B,')
S.JJJGURE SKAIING CLUB - 374, 551L..5Z3.J-584. 1)97. '599,
STANDARD fJ14CHINERY & EQUIPMENT - 375,
SABEAN, T HEOOORE - 378,
STEEVES ENTERPRISES LTD - 379, 404, 414, 420,
SYDNEY, ,JOVA SCOTIA - 382,
HSISTER CITYH - 382,
SOUTH MARKET STREET - 386,
STOR- IT SYSTEI'1S LTD. - 386,
STEVENSON, IIARRY - 387,
S,J. REGIONAL HOSPITAL - 3':l6, 400, LIll, 421,428; 653
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SPRAGUE, LESLl E & HI LDA - 408,-Y2il.
SHEPHARD, DAVID - 411,
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Sf\1OKlJ'JGJ:i'l=i...Aw - 415, J:l8<::J..
SFRVTCF [mum -41r;~~+---654,
_SrANLf=V I,Af<flErJSJJn. - 411), .4~~.
SCRlBNER.. IlARRELLA - 470,
SI LVFR.JAi I S flARill'lELQf'MENLLm--=-il20
SERVlCL.CLUBS , SOLleE/mON OF FUlli)s...-=-.milfj2.
S~-.llR'Lllo.GKJillGBY-IEJl.M - 442.
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ENDERS ACCEPTED -
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'233 2LKr2LI8' 260 271 278 279'301 :313)
TENDERS RF.IFrTID -111) 770. ~m. 3m. ~7? .440.4Qg. S17.:r;7~: SSg, hilS,
TENDERS TO CALL -
TENDER DEPOSITS - 271)
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TRACTORS & EQUIP, (il.962) LTD, -'J.
TREE PLANTING -9,/0.
TRAFFIG BY-LAW -
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65 146 160)242 248 253254 264 273 279 285 287 306 :5
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TFFn. (iF
78 76)33) 8lL69)
6
TEED. ERrU. Q,C, - 32. M.144) 184) ~~7:239)410, 557) 565) 580) F.?7. F.7g: F.4?
TRANSPORTATION COMMITTEE - 37)
TOURIST BUR
T HROIIGHWA
647
TURNBULL) JOHN - 52) 54
TIPPETT) WILLIAM - 74)
THOMPSON DR. W, WAR N - 84 1
THREE-MILE TAVERN -84
TEED M, GERALD HOME & SCHOOL Assoc - 78)69)
THEATRES) CINEMATOGRAPHS & AMUSEMENTS ACT - 81)
83
TAKF-OIJT 5
S - 88
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TOBIAS
US BAKERY - 115)
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TAXIS - 127
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292 393 394 399
-
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TAXI OtINERs & OPERATORS Assoc. 191
235 235 276 291
TOURIST INFORMl\T10N DATA CENTRE -217
TEN EYCH HOTEL - 222
TEED) fJANCY) rU.A. 265)
THOMAS CaNST,. - 27 -
650 (ALSO S
TRAFFTr PA - ?
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_TAx. REAL ESTATE - 324,
'iARJOR I F - -'j30
TIMBERLIN LIMITED - 335)
TENDER DEPOSITS - 330 390
THORNE AVENUE - 3S4
THOR~I) MRs.. S, E, - 387) 5SO ,
Fu S - 391,
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S E,A, - 481
TURNER A, LEoNARD EST, - 488) 490)
581) 605) 629) 635 640 644)
TARGFT OOESTMFNTS - 566. 598. 607. 608.
TOPS CLUB - 570) 582)
STRAINT ACT 577
THORNE, ~IDANE - 648
TRITES) E,A, - 653)
TAX ZONES "OUTER" - 654
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" UNION (LOClIl hUOI ICE)_ -.5,1.1 41. 47,S? S3.t)4.SS~57.58;59,'~1.92. WLJ79 (~~c~~~~~nl.l94. 388,397,398,
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467, 504, 512-574, 598, 602, b12, 628. 649,
UNION (locAl 486. INSIDE \~ORKERS) -41,47,52, 53, SS.56.S7.SR.68.207. i4Y. ?SO. 4?1I, 467,581. 587.'S9S. 6QJ.
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UNION (LOCAL 18, OUTSIDE \~ORKERS) - 41, 47, 52,. S~)56.57,58, 4h7. l)/h) S45, 573.~579., SRO. S87. ScJl. 1)93. SqS.
~47, 602, 603, 604, '613, 61y,. 620. 622, .623.
IINlillLJJor:AI 77LFIRF) -IS. 47.1fiq. 467,
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UNSIGHTLY PREMISES - Z 46,79.~8.
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UN IONS -/.3, 4n
UNION NEGOTIATIONS ~jl
URQUHART, DALLAS -/~_
UTILITIES - 23,
UNITED CHURCH OF CANADA - 48, 49,
U.I~.B.S.J - 5L 16~t 228, 340, 355, 379. ~3J. 54J. %><. h~ (1IIIIMNI), 647
. UNIVERSITY AVENUE - 78,69, ?4R. ?7S. ?q2.
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UNION ST - 82, lfiS. lfifi. "173. lRS. 191, 269. 277. iRO.
. U ER GLEN FALLS RESERVOIR - 97
THING - 271.
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IlpPER GLEN F.^.LLS Re,ERV0 I R - 372-
URBAN TRANSIT CONTRIBUTION AGREEMENT - 603,
US. J!}mali5SIiDCJ!? - dhfL,
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VICTORIA SQUARE -
VEHICILES 17
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ED)' 208 214 220 229
VINCENt COUi~CIllOR A - 4L 48) 75) 84) 102) 131)
. VINCENT) COUNCIllOR M, - 23 151 168
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VISITOR & CONVENTION PROMOTION CoMMITTEE - 36)
V UTOUR CELIME - 67
VAUGHAN) WILLIAM - 126)
VOTFRS I LI S
V I CTOR I 11.1'1
VISITING HOMEMA.KERS - 228
4It VOLUNTEER BUREAU - 228
VALLEYVIEW
VI POND AI rr
VAIl "'V CIT
VERMEULEN) A.J, - 322) 533J
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WESTMORLAND .GROVE HOLDING POND -I. ~ 47,
WILLIAMSON, J. FRED LTD. - 26, 29 3966
DUNCAN r.1.-
WATER SUPPLY -
WATERSHED - 1'3 274,4SS. **~
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WAYNF. COUNCILLOR -/:l. 3fi.72,7l).7Fi.R?109,'n9~)27,131, 151, 152, 167.lZZJ.g7. lqg. 777.7Lj7. 7FiSJ_'l1~/lf12A10.415
WOODI AWf\LPARK - 18,26, ~7. 46, ~7J1.220. 41gJ 614, 615, 616, 626, 627, 631,635, 636,
WESTMORLAND ROAD - 23,109,151, 162, 175.190, 73S.3S7.47f).l)7~...
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WILLIS, SUSAN - 25, 36,
ViATFRMAINS - 77 , 45.77.89, ~80. 222.233,351,46S.466.47l).4Q7..LiQ8.507,
WATERFRONT CLEAN-UP- 29
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WALLS KENNE~ - ~.
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WATERTOWER ROAD- 38, 176,
\1ILLIE AVE - 39, qFi.Li40, 559 (STANDPIPE), 562,
\VRTTS - LiO.103,
WATTERS, RICHARD - 43, Fi7.88, 1m,-
f'IOOTh'lARD AVENUE - 45,63.78.104. 1')C), 174.247.517. 552.
WEST SIDE N'HOOD IMPROVEMENT PROGRAMME - 46, 384.
WATER MATERIAL - 498,
\4HITE, V - 49,
WATTERS, MR. - SO
WEST SAINT JOHN CoM'1UNlTY HOSPITAL - SO, 54,
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WATERLOO ST - 48,82,127,7')1.404.
WINTER ST - 53,56,S9.
WORKING AGREEMENTS - 57,58, 59 (1979-1980); 673.
WALWYN,STODGELL,CoCHRAN, 11uRRAY LTD. - 49b.
WILLS, STEPHEN - 67,
WFNlWORTH ST - 65. 375.393.400,1.)7\).
WATER ST - 82, 180, 227. 4Q7.
.
WATSON ST - 94,
WINFIELD LANE - 10L 121,
WILSON, AliEX'-. - 109.
WILLIAMS, PATRICK L & SONS LTD - lll,
WOODS, R,A. CONST, LTD - TI7, ~O.
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WISTED, ROBERT - 127,154, 166.
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WINFIElD IANF - l~
WOOD GUNDY LTD - 15!:f
WARREN fVlA.R IT! MES L TD - 158,
WH ITEBONE WAY OON. - 172, 182,
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WILCOX, J. ,- 178,717.
WIIIOWGATE DEVELOPMENT CoRP. LTD. - 193,
WHIPPI F. nOI~1 AS - lqg.
WII IS. S iI. >or 'lm.
\VH ITEHALL LUNCH CLUB - 214.
WALL STREET - 223
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DHOUSE, WILLIAM - 233,
WALL ST, - 235,
IIrLLBAND, DONALD - 243, 565,
~HELLY, i1Rs. C,F, - 250,
\~ASSON, NORMAN - 254,
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WARE~ FREDA - 261
WILLS, CHRIS - 270
~J OD ND Rn - 283
IIAWANESA f1urUAL INS, Co, - 282,
WESTERN RESIDENTIAL CoLLECTOR - 284, 303,
WESTERN INDUSTRIAL COLLECTOR - 284, 303
WESTERN CoLLECTOR LIFT STN, - 284,
S -')84
WI LSON, LEONARD - 30L 405 514
\~ATER & SEWER RATES 302 (STlJDY) j :J4L 345, 397 (NON-PAYMENTL 410,534, 637,
WILKIE, GORDON - 317,
WEIGHT RESTRICTION By-LAw - 320 323 :J41 342
WALKER, iJEBORA - 321,335,
:.WINTEH ST., STANLEY ST" CELEBRATION ST - 4b5,
TS .9.!S.
WEYMAN. DR, STEPHE~I - 34~-,
WALKER, JOHN T 355 353
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\'II I SON Sm JR I TV I Tn. - 7j?3! -' 7j}~8
"/FSTsmF WATFR ~ SFWER [.oNST. - 399. filR.
\.JR I GHT I1AROLD - 402
;~ATSON) ALDEN - 409, 418,
IiI SE LML CLUB OF CANADA - 411
WFSTRIIRN INDIISTRIAI FNTFRPRISFS I TV, - 4)'). 420.
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\~ALKATHON - 447,
WH ITE i{EF
) T HOMI\S 45L 461.
WARD ANGELA - 51
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WILLSJ RUBY - 527J
WHITEJ MURRAY - 533J
WlbbIAMSJ-DoN~533J-62-5J
WAT~R-&-S~W~RAG~Bv~LAw-=535J-~J_55UJ_556J_595J
WALsHJ_M.Rs._ERED--=-555 J
WHELLY.J_CHARLES_D-=-565 J
WI LSONJ__THEODDRE--=-565
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, ZONING BY-LAW AND AMENDMENTS - ~/I.I:
147, 148, 154, 166, 182, 199, 216, 225, 226, 242, 2n 280, 315, 325, 329, 343, 385, 392 (APPLICATIONS), 394, 407,
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ZERO BAS BUDGETING - 93
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2"i, 011/', ,-/". 1?~-
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YORKE. RAYMJND D - 227
Y.M,C,A, - 228, 560,
Y.M,C,A, - 228
YOUNG, TOM - 514, 565
YEOMAN, ~'v\RK M - 602
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