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1993-04-19_Minutes 84-67 COMMON COUNCIL APRIL 19,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of April, AD. 1993, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; J. Johnson, Building Inspector; J. Baird, Manager, Development Services; R. McDevitt, Fire Chief; D. Sherwood, Chief of Police; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that minutes of the meeting of Common Council, held on Tuesday, April 13, 1993, be approved. Question being taken, the motion was carried. The Mayor expressed condolences to the family of the late Mrs. Margaret (Fillmore) Hughes, mother of Assistant Deputy Chief of Police Brian Fillmore, who passed away on April 17; to the family of the late Mrs. E. Vivian Robertson, mother of Assistant Deputy Chief of Police Gary Watson, who passed away April 18; and to the family of Mrs. Eleanor White, mother of Mr. Carl White Jr., who passed away on April 18. The Mayor commented on activities planned for Environmental Awareness Day, April 24, at the Lancaster Mall in recognition of Earth Day 1993; and displayed an architectural print which is part of the one-third of a million dollar design stage now completed by The Marco Polo Project to celebrate the 142nd anniversary of the launching on April 17, 1851 of the famous Marco Polo. Councillor Coughlan commented eleven-year old Jeff McGarvey who, by performing the Heimlich manoeuvre, saved the life of Alex, his two- year old brother; and extended a message of sympathy to the family of the late Sister M. Elizabeth Legere (formerly Sister M. Brendan), who passed away on April 19. Councillor A Vincent expressed condolences to the family of the late Mr. James Pineo who passed away on April 17. Messrs. W. Nugent, Chairman, and W. Grant, Vice Chairman, of the Saint John Regional Exhibition Centre Commission; and N. Campbell, General Manager of the Exhibition Centre, were present at the meeting in response to Council's request of April 13 for a public presentation in open session of Council. The Mayor recognized the presence in the Council Chamber of Messrs. M. Lee and J. Livingston of Lee-Livingston Concerns, Inc., and G. Thorne and 1. Ricketts of Saint John Pro Sports. Mr. Nugent addressed Council and, reading from a prepared brief (copies of which he distributed to Council members following presentation), commented on the Commission's membership, meeting schedule, objective and commitment. Mr. Nugent addressed the following concerns, which he suggested have arisen due to misinformation being circulated, related to exclusivity regarding tournaments, soft drinks suppliers and entertainment events; the selling of advertising space based on the Centre's belief that selling, rather than tendering, allows the facility to obtain a good balance that will include maximum revenue and support; reporting to Council; acquisition of goods and services; and financial implications with respect to operations, the 84-68 COMMON COUNCIL APRIL 19,1993 equipment budget and the score clock; and expressed the opinion that neither the facility nor the city can afford to have negative comments circulating due to misinformation. The Mayor thanked Mr. Nugent for his presentation; explained that the reason why The Market Square Corporation is not represented at this meeting is because its Chairman, Mr. H. Meinhardt, is out of the City until May 4; and suggested that the news release issued by the Corporation on April 14, 1993, should make it very clear that the facility is indeed structurally sound. Mr. Lee appeared before Council to introduce Lee-Livingston Concerns, Inc., a full equal partner with Donald K. Donald and CPI; noted the areas in which his Company does business; and, referring to Councillor Rogers' letter (which was withdrawn from the Council agenda of April 13), advised that Lee-Livingston Concerns, Inc., Donald K. Donald and CPI have not asked for exclusivity of the building, nor has it ever happened before in the history of any building of which he knows where service clubs have been denied access, nor would this ever be asked for by his Company. Mr. Thorne addressed Council concerning the arrangement Saint John Pro Sports has with the Centre for the AHL team, the Calgary Flames. During discussion Councillor Rogers advised that, while it is somewhat unfortunate that she had to place an item on the open session agenda of Council to get some of the answers she had been requesting, she is glad to see that some of the comments that she has raised are finally being addressed; and noted that her letter to Council requested only that the Commission be instructed to use a public tendering process in awarding contracts for equipment, advertising and service, and also that the Commission meet with or write to Council on a monthly basis. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the Common Council of the City of Saint John place a vote of confidence in the members of the Saint John Regional Exhibition Centre Commission and in the General Manager Mr. Neil Campbell and that they continue their efforts and their good work. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting correspondence from the Micmac Maliseet Development Corporation requesting that the City of Saint John become a Corporate sponsor for its May 25 Symposium in Moncton - be received and filed. Question being taken, the motion was carried. Councillor Trites suggested that requests of the above nature, which do not fall within the grant policy, should not be placed on the agenda but rather should be forwarded a letter from the City Manager to this effect. The Mayor advised that it is her intent to refer future requests to her office, who do not fall within the parameters of the policy, to the City Manager to respond to those concerned; and clarified that requests to Council through the Common Clerk would have to be placed on the Council agenda for referral to the City Manager. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne advising that she has been informed that 25,000 letters have been written to the Premier and MLAs in opposition to the present system of video gambling machines and requesting that the Province of New Brunswick adopt the same policy as the Province of Nova Scotia; and asking that, as this subject will be discussed at the Annual Spring General meeting of Cities of New Brunswick Association, Inc., the City Manager put together an appropriate resolution for presentation at this meeting - be referred to the City Manager to forward a letter to Mr. Frederick Martin, Executive Director of the Cities 84-69 COMMON COUNCIL APRIL 19,1993 of New Brunswick Association, Inc., asking that he obtain information on what other municipalities do in this regard for discussion at the October 1993 Cities of New Brunswick Association, Inc. meeting in Saint John. Councillor Knibb made the observation that this matter was discussed in some seriousness in Committee of the Whole during which time he expressed the opinion that Council should not be taking a stand in telling the Province how it should raise revenues in a time of great difficulty and that he thought the majority of Council at that time suggested that the City should back away from the issue. Councillor A. Vincent suggested that, before Council goes on record as supporting Nova Scotia' policy, Council should be aware of what that policy is. During discussion it was suggested that Council should have more information on what analysis has been done by others on whether or not video gambling machines are a detriment to the community, and the Mayor suggested that the City's resolution to the Cities of New Brunswick Association could request that the Association strike a task force to review this issue and report to the Executive Committee and the Association, with Mr. Martin to review the matter and obtain all the background information in this regard; and during discussion the mover and seconder of the initial motion, which was to direct a letter to Mr. Frederick Martin asking that this matter be discussed at the next Cities of New Brunswick Association meeting, changed the motion to that above. Question being taken, the motion was carried with Councillor Knibb voting "nay". Read a letter from Mayor Wayne advising that on Saturday, May 1, 1993, the 3rd Field Artillery Regiment (The Loyal Company) will be holding a parade and reenactment of the presentation of Colours at St. John's Stone Church; also advising that the Colours, being the "Queens Colour" and the "Regimental Colour" were presented to the Regiment on December 18, 1861 by the Ladies of Saint John and were laid up in the Church on September 25, 1925 where they are still displayed; and suggesting that, as previously agreed to by Council, a reproduction of the original Colours be presented to the Regiment in honour of its Bicentennial. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that Council approve an expenditure of $4,800 for the reproduction of the "Queens Colour" and the "Regimental Colour", to be the City of Saint John's gift to the 3rd Field Artillery Regiment (The Loyal Company), in recognition of the Regiment's service to the City and Canada for 200 years. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent referring to item 20 on the Committee of the Whole agenda of April 5, 1993 and requesting that, as he requested the report on Brown Street in open session, the report be given to Council in open session; and asking how long a property can remain vacant under Section 39 and still be zoned for occupancy. Councillor A. Vincent asked where he can review the record which indicates when properties re-zoned under Section 39 conditions became vacant and when new tenants moved in and so on. Mr. Johnson commented on the process being undertaken by the Building and Technical Inspection Department to review, register and enforce Section 39 conditions. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above letter from Councillor A. Vincent be referred to the Legal Department for a report at the next meeting of Council. Question being taken, the motion was carried. 84-70 COMMON COUNCIL APRIL 19,1993 On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC000007557 Apex Machine Works Supply and install overhead Doors - Rothesay Avenue Original contract amount Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated April 13, 1993 Holdback release. $23,679.00 23,679.00 Nil 20,127.15 $ 3,551.85 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $12,000 be accepted from Fundy Bay Holdings as security to ensure the rehabilitation of the gravel pit at 460 Latimore Lake Road (NBGIC Number 33444565). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $61,000 be accepted from Thomas Construction Limited as security to ensure the rehabilitation of the gravel pit at 1003 Latimore Lake Road (NBGIC Number 329409). Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $50,000 be accepted from F. Andrew Simpson Contracting Ltd. as security to ensure the rehabilitation of the gravel pit at 1600 Sand Cove Road (NBGIC Number 412197). Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the Rockwood Park Advisory Board supported the idea of a Canada Trail at Rockwood Park, which was the subject of a letter from Mr. Bob Donovan considered by Council on January 18, and recommended that funding for the Trail be sought from private sources, such as service clubs, and that the various service clubs will be contacted by the Board in the hope that one, or more, will be willing to take on this project and work with Mr. Donovan; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Council support the principle of the proposal for the Canada Trail in Rockwood Park, and instruct staff to work with Mr. Bob Donovan and the Rockwood Park Advisory Board to develop this project through private sector funding and support. 84-71 COMMON COUNCIL APRIL 19,1993 Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Raymond MacMurray have been completed and that the required waiting period for objections expired on April 14, 1993, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Raymond MacMurray for a Municipal Plan amendment and re-zoning of property at 47- 51 Baxter Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, May 25, 1993. Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Diesel Power Services Ltd. have been completed and that the required waiting period for objections expired on April 14, 1993 with a letter of objection having been received from George and Louise Hewitt. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Diesel Power Services for a Municipal Plan amendment and re-zoning of property at 2281 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, May 25, 1993. Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Protective Developments (N.B.) Ltd. have been completed and that the required waiting period for objections expired on April 14, 1993 with written objections having been received from Davey & Valeria MacFawn, Allan & Linda Gordon, Rhonda and Gerry Clarke, Vanda C. & Kenneth R. White, Jean Urquhart, Shirley and Jose Borreguero, Randy Manuel, Chris and Gwenn Bartlett submitting a petition containing 11 names, and a petition containing 70 names. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Protective Developments (N.B.) Ltd. for a Municipal Plan amendment and re-zoning of property with frontage on Westmorland Road and McAllister Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, May 25, 1993. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting as he was not present for the Tuesday, April 13 public hearings relevant to a proposed Urban Renewal By-Law, a proposed Municipal Plan amendment and re-zoning of 1624 Hickey Road, and a proposed zoning By-Law text amendment with regard to 87-89 Golden Grove Road.) 84-72 COMMON COUNCIL APRIL 19,1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 116-1 A By-Law Respecting Urban Renewal In The City Of Saint John", with regard to two parcels of land located on Monroe's Alley, with an area of approximately 6,400 square feet and having NBGIC Numbers 31591 and 31161 - be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 116-1 A By-Law Respecting Urban Renewal In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, an area of land at 1624 Hickey Road (NBGIC Numbers 55072763 and 436592), located on the southwest corner of Hickey Road and Heather Way, from District Centre Commercial to Low Density Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-310 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an area of land at 1624 Hickey Road (NBGIC Numbers 55072763 and 436592), located on the southwest corner of Hickey Road and Heather Way, from "B-2" General Business to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-310 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council (a) approve the location of the proposed Jillian Court and land for public purposes with regard to the townhouse development at 1624 Hickey Road; (b) assent to the submitted photo-reduced subdivision plan showing the proposed cul-de-sac, municipal services easement and to any required utility easement; and (c) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-311 A Law To Amend The Zoning By-Law Of The City Of Saint John", with regard to adding a new subsection to Section 620(2)(c) to read:- "notwithstanding (i) or (d) a beverage room, club or lounge may be located at 87-89 Golden Grove Road (NBGIC #300046).", be read a third time and enacted and the Common Corporate Seal be affixed thereto. 84-73 COMMON COUNCIL APRIL 19,1993 The by-law entitled, "By-Law Number C.P. 100-311 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the 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 reports that it sat on Tuesday, April 13, 1993, when there were present Mayor Wayne and Councillors Coughlan, Knibb, Landers, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, one arena/park attendant position be deleted from the Parks Department Establishment and one mechanic position be deleted from the Supply and Services Department Establishment. 2. That as recommended by The Market Square Corporation, Council authorize an increase to $275,000 in the previous budget of $165,000 for design and outside services for the Saint John Regional Exhibition Centre to accommodate design fee extras for such items as the pedway connection and some layout changes within the Centre, as well as to accommodate estimates for additional inspection and legal fees which were not included in previous budgets, and further that the increased budget of $110,000 be transferred from the Construction Contingency budget. 3. That with regard to the lease of space at the Old Provincial Building located at 55 Canterbury Street, with direct access to Princess and Prince William Streets, the following recommendations of the City Manager be adopted:- (1) the leases for the following commercial tenants be extended for one year until March 31, 1994, at the same rent as paid in March 1993: (1.1) Saint John Learning Exchange for space at 47 Princess Street - $1,250 per month; (1.2) Shelly Chase (Waterside Shoppe) - $600 per month; and (1.3) Gerald Defazio (Gerry's Barber Shop - $205 per month; (2) the rentals and grants for charitable and non-profit organizations for the period May 1, 1993 to March 31, 1994 be as follows:- 1993 1993 1992 Tenant 1993 Rent Grant Net Rent Monthly Monthly Laubach Literacy $ 7,350 $4,050 $3,300 $275.00 $247.50 New Lease Inc. $14,980 $6,220 $8,760 $730.0 $652.50 Saint John Learning Exchange $ 9,680 $5,480 $4,200 $350.00 $315.00 Saint John Presbytery (Clothing Depot) $ 6,340 $3,580 $2,760 $230.00 $205.00 Senior Aid & Research $ 2,610 $1,530 $1,080 $ 90.00 $ 80.00 New City Theatre $ 3,300 $1,800 $1,500 $125.00 $110.00; and (3) the social clubs occupying space at 55 Canterbury Street be granted month-to- month leases at the following rentals: 1993 1993 Tenant 1993 Rent Grant Net Rent Monthly Saint John Association for the Deaf $5,580 $5,280 $300.00 $25.00 Unity Club $2,000 $1,700 $300.00 $25.00 Vision of Hope 84-74 COMMON COUNCIL APRIL 19,1993 (AA Group) $2,530 $2,230 $300.00 $25.00. 4. That as recommended by the City Manager, (1) the City acquire from Westmorland Leasing Corporation 499 square metres (5371 square feet) of land on Mount Pleasant Avenue, for the widening of Mount Pleasant Avenue, shown as Parcel A and Parcel B on a tentative plan entitled Subdivision Plan Westmorland Leasing Corporation Subdivision, prepared by Hughes Surveys & Consultants Ltd. and dated November 16, 1992, and that the Mayor and Common Clerk be authorized to execute a purchase and sale agreement which will incorporate the following terms and conditions:- (1.1) the purchase price to be $53,700; (1.2) the City will reimburse Westmorland Leasing Corporation for its appraisal and legal costs at an amount of approximately $4,250; (1.3) a deposit of 5% or $2,685 will be paid by the City on execution of the purchase and sale agreement; (1.4) the Company will be given two weeks notice of the start of the road widening project and the City will carry out the work in an efficient manner so that construction will be completed as quickly as possible; (1.5) the construction shall not block access to the Company's land to and from Mount Pleasant Avenue other than at those times when absolutely necessary and then for the shortest time possible, and the City will also inform the Company when the access will be blocked and the Company may erect signage indicating the location of the access; (1.6) the City shall restore the landscaping, curbing, paving and other materials and improvements on the Company's adjacent lands to the same standard as presently exist if they are disturbed due to the road construction; (1.7) the Company's accesses to Mount Pleasant Avenue East shall remain the same width as at present and to the extent reasonably possible, will remain at the existing grades; and (1.8) water, sewerage, electricity and other services provided to the Company's adjacent land shall not be interrupted by the construction; however, if a planned disruption should become necessary, advance notification will be given to the Company; and (2) the agreement to be in a form and substance acceptable to the City's Legal Department. April 19, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors Landers and A Vincent voting "nay". (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. In view of a concern about the effect of a rent increase on the Saint John Presbytery, the Mayor asked that staff monitor the situation and advise Council if there is a problem in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. 84-75 COMMON COUNCIL APRIL 19,1993 Councillor A. Vincent asked the location of the head office of Westmorland Leasing Corporation and the name of the person with whom staff has been dealing in this regard, to which Mr. Todd replied that this Company now has its head office in Vancouver; however, at this time the name of the person with whom he has been dealing eludes him. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above matter be laid on the table for one week until Council is advised of the person's name. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, McAlary, Trites and M. Vincent voting "nay". The Mayor confirmed that Council would be advised of the person's name at the next meeting on approving the minutes of this meeting, unless Mr. Todd is able to remember the name of the person before the end of this meeting. Question being taken, the original motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Brian P. McCarthy, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. The Mayor indicated that Mr. Todd has remembered the name of the person with Westmorland Leasing Corporation, which was questioned above, and asked him the name, to which Mr. Todd advised that the name of the gentleman with whom staff has been dealing is Stephen Kerr. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Havelock Elementary Home and School Association advising that, while at a preliminary meeting with Recreation and Parks managers School Principal Hugh Brittain was optimistic that Community Development Program funds would be allocated to the School this year which would coincide with Havelock's 25th Anniversary, a letter from the Municipal Operations Department stated that the funds would again not be allocated for the reason that ongoing maintenance costs for the playground could not be approved; and requesting Council to reassess its request for funds and, if ongoing maintenance is the only stumbling block, perhaps the Association can work something out - be referred to the City Manager. Question being taken, the motion was carried On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk