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1995-08-28_Minutes 85-422 COMMON COUNCIL AUGUST 28, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of August, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; W. Todd, Director - Public Safety Communications; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Baird, Manager of Community Planning; K. Galbraith, Manager of Public Affairs; B. Malone, Planner; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Ms. Y. Huntington, Director of Tourism and Communications; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. Mayor McAlary extended a message of condolence to the family of former Mayor Thomas J. Higgins, who passed away on August 24 and called for a minute of silence in memory of him. Those present at the meeting stood in observance of a minute of silence in memory of the late Mr. Higgins. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on August 14, 1995, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that an item on the landfill issue be added to the agenda of this meeting for consideration as item 9B. Question being taken, the motion was carried. * Added Item The Mayor called for a motion to add Committee of the Whole item 49, regarding the Establishment - Public Safety Communications Centre, to the agenda of this meeting for consideration as item 22A On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the above-mentioned item 85-423 COMMON COUNCIL AUGUST 28, 1995 be added to the agenda of this meeting for consideration as item 22A. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment 34-38 DouQlas Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 34-38 Douglas Avenue (NBGIC Number 368878), from "ID" Integrated Development to "B-2" General Business classification, to permit the ground floor of the existing four-storey building to be used for commercial purposes, including an appliance parts sales and service establishment, and the continuing use of the upper floors for apartments, as requested by Mr. Ron Hewey, and that no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report, two letters in favour of and one letter expressing concern about the above proposal, which were considered at the Committee's August 22 meeting at which the applicant was present but did not address the Committee and no other persons were in attendance; and recommending that Common Council re-zone a parcel of land located at 34-38 Douglas Avenue (NBGIC Number 368878), from "ID" Integrated Development to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions:- (a) the commercial use of the property is restricted to the ground floor of the building; and (b) the site and building shall be developed in accordance with detailed site and building elevation plans, to be prepared by the applicant and subject to the Development Officer's approval, indicating parking lot layout and surface treatment, landscaping, storefront design and signage details. Ms. Carol Madsen of 186 Douglas Avenue appeared in opposition to the proposed re-zoning and read into the record a letter (which was subsequently filed with the Common Clerk) from Darlene and Lloyd Cosman of 126 Douglas Avenue expressing their concerns over the re-zoning of the subject property on the basis that this re-zoning would devalue Douglas Avenue homes, some of which are heritage homes; questioning the need for another service of this nature as, at present, there is an appliance sales and service store on Adelaide Street; and suggesting that an establishment as the one proposed seems more appropriately located in the nearby Fairview Plaza and, if the proposed re-zoning is permitted, it would open the door to a wide range of retail businesses, some of which may be undesirable for the area, and also that the beauty of Douglas Avenue would best be ensured if the area were to remain strictly residential. Speaking on her own behalf, Ms. Madsen advised that quite a few people in the area did not receive a letter with respect to the proposed re-zoning as they are outside the 300-feet distance range used by the Planning Advisory Committee which, on a street like Douglas Avenue, could mean that the 300-feet distance would take in only three houses. The Mayor asked if it would be more acceptable to the neighbourhood if the use of the subject property were restricted, to which Ms. Madsen advised that the fact that an appliance store with repairs, which is the type of store proposed, bothers some people because is it is more like a second-hand type of store; and suggested that, as a "B-2"-type zoning is quite broad, Council, in considering placing a commercial building in a residential neighbourhood, should look very carefully at the type of commercial business proposed. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 34-38 Douglas Avenue (NBGIC Number 368878), from "ID" Integrated Development to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 85-424 COMMON COUNCIL AUGUST 28, 1995 Deputy Mayor Chase spoke in opposition to the proposed re-zoning in that, while much emphasis is placed in the above correspondence from the Planning Advisory Committee on the historical use of the building as justification for the recommendation that basically the commercial use of the property be restricted to the ground floor of the building, the historic situation on Douglas Avenue has changed upon its designation as a heritage area, and the proposed re-zoning could have somewhat of a negative impact on what the residents are attempting to do with their request to belong to the heritage area. The Mayor asked if the only business proposed is an appliance store, to which Mr. Baird replied that there are two commercial areas that historically have been used for commercial purposes, one on each side of the central doorway, and, in total, the area proposed for commercial purposes is just under 2,000 square feet for the appliance repair store and another tenant, the latter of which is unknown at this time, and the upper floors are proposed to be renovated for residential purposes. Councillor Vincent asked if the existing uses stated in the submitted application form, including a carpentry shop, warehouse and repair depot, are in place contrary to the present zoning, to which Mr. Baird expressed the understanding that, although the property was zoned for multiple residential use prior to its present "ID" zoning, the ground floor area had never been converted to a residential use and that, depending on the exact nature of the uses, may have had a non- conforming use status in that it previously was used for commercial purposes, and the previous owner, Thorcor Holdings, was using it as the basis for undertaking some of the work on the remainder of the buildings and that could be why it is described storage and workshop area. In response to Councillor Fitzpatrick, Mr. Baird made the observation that, as the recommended Section 39 condition does not limit the applicant to a specific commercial use but would only limit the commercial uses to the ground floor area, the applicant would not have to come back to the City for permission for the range of uses permitted in the "B-2" zone; and advised that it is possible for Council to restrict the use. Councillor Gould spoke against the re-zoning on the basis that Douglas Avenue is a heritage area, the business proposed would increase an already- existing parking problem, and the City must protect the residential areas. Councillor Arthurs commented on her concern about the intent to have apartments located above a warehouse or an appliance repair shop. Councillor Trites noted the recent transition of Douglas Avenue back to a residential street; and suggested that Council's action in designating Douglas Avenue as a preservation area indicated that the City was trying to bring it back as a prime residential site in the City. The Mayor noted the absence of the applicant on the basis that Council could not ask questions of him with respect to the proposed re-zoning; and suggested that Council could table the matter until the applicant is able to be present. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Trites and Vincent voting "nay". Question being taken, the original motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Trites and Vincent voting "nay". 4. Street Closing By-Law Amendment Portion Of Ravnes Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to close a portion of Raynes Avenue, and that no written objections were received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, 85-425 COMMON COUNCIL AUGUST 28, 1995 "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Raynes Avenue, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Raynes Avenue, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 5. Deputy Minister Of Tourism And Economic Development Re Fundv Experience Mr. Francis McGuire, Deputy Minister of the Provincial Tourism and Economic Development Department, was present at the meeting to present the Bay of Fundy Experience, a central element of New Brunswick's tourism product; and, having introduced Departmental staff persons Harvey Sawler, Helen Jean Newman and Jane Garbutt, apprised Council, through a slide presentation, of the development of the Fundy Experience (copies of a video, "The Tides of Life", having been forwarded to Council members on an individual basis, and copies of a brochure, "Fundy Bay Of The Giant Tides", were distributed to Council members at this meeting). Mr. McGuire explained the effort to create an image by melding together both the industrial and tourism positioning to complement, and not conflict with, each other, and the resultant intent to position the City as a high-tech City and a modern coastal travel destination through promotion of the marine ecology system, which is one of the largest in the world and, in terms of international marketing, is considered the Province's most important travel product. Mr. McGuire commented on the components of the new product to be developed for the 1997 season, including the Hopewell Rocks, the Western Beaches, the Fundy Trail, the Taylors Island Irving Nature Park, the Bay of Fundy Interpretative Centre proposed for Saint John as a focal piece to complement the Hopewell Rock and the Fundy Isles in terms of a showpiece, Cape Enrage, the Fundy Drive, Adventure Centres in St. George and St. Andrews, Campbello Island and Fundy Isles, and the Saint John Adventure Destination; as well as on the positioning of Saint John in terms of transportation, hospitality and restaurant infrastructure so as to make Saint John the centrepiece of the Fundy Experience. During discussion Mr. McGuire advised that the Premier's commitment is to make sure that the Interpretative Centre to promote the Fundy Experience is built within the next four years and the Province is in the process of looking for a public- private partnership to operate a minimum of six months from May to October as do the parks. The Mayor thanked Mr. McGuire for his presentation. 6. Maritime Municipal Training And Development Board Certificate In Local Government Administration (CLGA) ProQram Mr. Don Smeltzer, Executive Director of the Maritime Municipal Training and Development Board, was present at the meeting and, having recognized Councillor Trites as Chairperson of the Board and Mr. Martin Corbett as Program Co-Ordinator, commented on MMTDB's work which is focused on promoting excellence in administration, management and overall decision-making in Maritime municipal 85-426 COMMON COUNCIL AUGUST 28, 1995 governments. Mr. Smeltzer recognized the City of Saint John employees who recently graduated from the Certificate in Local Government Administration (CLGA) Program offered through Henson College, Dalhousie University; and presented to Mayor McAlary, who accepted on behalf of the City, a Certificate of Recognition acknowledging the City of Saint John as a government organization for its significant commitment to and support of municipal training, education and ongoing professional development for both municipal staff and elected officials. Councillor Trites welcomed Messrs. Smeltzer and Corbett to the City of Saint John, and called forward City employees Margaret Spencer, Scott Johnson, Grenville Ingraham, John Clack and Barry Totten, the five City employees who recently graduated from the Certificate in Local Government Administration, to whom he presented a framed photograph of four of the five graduates and the City Manager which was taken when they received their Certificates in May 1995, noting that Mr. Grenville Ingraham's absence from the photograph is duly noted thereon. The Mayor and Councillor Trites extended congratulations to the five City employees in this regard. 7. Eric L. Teed Re Proposed Labour Temple - Dominion Park Consideration was given to correspondence from Mr. Eric L. Teed, Q.C. of Teed & Teed, Barristers & Solicitors, referring to Council's referral on July 31 to the City Manager and the City Solicitor of his letter on the matter of the proposed labour temple at Dominion Park; advising that, while he appreciates these matters being referred in a staff report, a number of these are policy matters which involve the Council directly and, being sure that Council would not wish to be involved in a possible breach of trust, there are factors such as required subdivision proceeding, possibly a re-zoning application, as well as the possible cost to the City which it is felt warrant presentation to Council so that they may be properly appraised; and asking that, as he may not have fully explained the matter, to make a presentation to Council which he has not yet had the opportunity of doing. The correspondence states that the records and information available indicate that persons purporting to be acting on behalf of a Board of Trustees established under a Trust Deed made by W. F. Hatheway in 1917 entered into negotiations with the City of Saint John to acquire the use of City-owned land to enable the Board of Trustees to construct and operate a labour temple; comments further in this regard with respect to the involvement of the City and the Saint John District Labour Council, the W. F. Hatheway Trust and the composition of the Board of Trustees, the original concept of a labour park compared to the proposed labour temple, problems with the proposed leasing arrangement and possible detriment to the City and the concept of Dominion Park as a recreational centre; and suggests that Council is fully justified in rescinding its May 1, 1995 resolution in this regard and take no further action until the full impact of the proposal is rationalized and the right of the citizens of Saint John fully protected. Mr. Eric L. Teed, Q.C. of the law firm of Teed & Teed was present at the meeting representing the Dominion Park Preservation Association, which he advised is composed basically of residents of the Dominion Park area; suggested that the May 1, 1995 Common Council resolution, which purported to provide for a lease, means considerable expenditure and absolutely no benefit, for the City in that the City, as the landlord, would be responsible for a building, which it would not own and which it would have no legal right to use; and highlighted the background in this regard, as outlined in the above correspondence. Mr. Teed also suggested that Council, before proceeding further in this matter, should inquire as to whom the Trustees are and what Unions they represent, as well as the amount of the Trust and how it is to be used; questioned the effect on the environment with respect to water and sewerage in the area with the increased use of facilities by an estimated up to 40,000 people a year who would use the labour temple; and commented on the proposal for the labour temple on the basis that it would not provide the type of accommodation to enable a major union to have a major meeting, as is the intent of the Trust. Mr. Teed noted that the May 1 Council resolution refers to a 50-year lease, but does not indicate when it is to start, nor does it indicate that a building will ever be put up; and expressed the view that, as the Hatheway Trust indicates that the labour park is for labour unions, members and their families and friends, the Trustees have no right to enter into a contract with the City so that the City can send in people when it wants; therefore, while the subject resolution indicates that the City may utilize the building for certain projects when agreed upon, in 85-427 COMMON COUNCIL AUGUST 28, 1995 law an agreement to agree cannot be made, and the Trustees could indicate that it would not be convenient for the City to use the building at times it so requested. Mr. Teed put forth the position that Council should rescind the May 1, 1995 resolution, talk to the residents and look at the terms of the Trust to see if this is really what Mr. Hatheway wanted in that, as the money that came from the sale of the land is to be used to buy and erect a building, leasing a building is not buying and erecting a building; and also that the subject resolution cannot be implemented, essentially ties the City down for no benefit, and is a possible breach of the terms of the Trust. Mr. Teed circulated two photographs, one showing the area of the sewer system during the spring freshet, the other depicting green algae in the water; and read a petition of some 200 names of residents of Dominion Park and other concerned citizens (which was subsequently filed with the Common Clerk) requesting the Mayor and Council not to execute a lease of parkland with the Hatheway Trust for the purpose of building a labour temple; contending that Council approved the respective motion at the Council meeting of May 1 based on inadequate information; and citing a number of reasons in opposition to the labour temple being built within that area next to residential. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the presentation of Mr. Eric L. Teed, on behalf of the Dominion Park Preservation Association, regarding the proposed labour temple at Dominion Park, be referred to the City Solicitor, and to the City Manager to arrange a meeting with the Labour Councilor the Trustees to determine a site for the labour temple, and for a report to Council in two weeks, with a copy of the presentation to be forwarded to the Trustees of the Hatheway Trust. Question being taken, the motion was carried. (Deputy Mayor Chase and Councillor Trites withdrew from the meeting.) 8. Mavor's Remarks Mayor McAlary proclaimed September as Big Brothers - Big Sisters Month in the City of Saint John. (Deputy Mayor Chase re-entered the meeting.) Councillor Vincent noted, further to discussion at Council's last meeting, the Mayor's letter to the Minister of the Environment on the matter of air quality control monitoring system inspections (copies of which were forwarded to Council members as an information item). 9. Task Force On Marco Polo Project On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor McAlary advising that, further to Common Council resolution of July 17, 1995 supporting her initiative to set up a task force of volunteer members to study and assemble the information and financial facts on the Marco Polo Project and to prepare a business plan and address various operational concerns, the following nominees for the Task Force, as discussed with the Board of Trade, Enterprise Saint John and Uptown Saint John Inc. are:- David Doyle of Saunders Teed and Doyle, Ken Krauter of the Saint John Port Corporation, Jim Russell of Baxter Foods, Larry Armstrong of J.D. Irving Limited, Stephen Carson of Enterprise Saint John, Linda Forestell of NB Tel, John Wallace of Irving Oil Limited, and Alastair Evans of Evans Enterprises, with Barry Ogden and Allan Hutton to be special research advisors -- be received and filed and the Mayor and members of the Task Force be thanked. Question being taken, the motion was carried. 85-428 COMMON COUNCIL AUGUST 28, 1995 9A. Police StaffinQ Levels Read a letter from Deputy Mayor Chase requesting some time to address an item having to do with the proper policing of the municipality and the numbers of police officers available for duties in view of his concerns surrounding the question of hiring needed additional police officers and the adequacy of police services in general. Deputy Mayor Chase addressed what he perceives to be a relatively low number of personnel to do the work in the Police Department, its current strength being down to 164 personnel; expressed the understanding that Uptown Saint John Inc. shares his belief and will be presenting its concerns to the Board of Police Commissioners; and related a recent incident at Market Square where two police officers had to face down a group of over 150 people. On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that the above concerns be reflected in a letter to the Saint John Board of Police Commissioners and, upon the Board's review of the concerns, a mutually-convenient time be arranged for the Commission to meet with Council; and further that Council, as it begins discussing and analyzing the recent Arbitration Award, address the concerns of adequate staffing levels and what it perceives them to be in the Saint John Police Department. The Mayor, as a member of the Police Commission, advised that the Police Commission will be meeting on Wednesday, and that the Commission feels that it has an adequate Police Force in the City of Saint John and that it serves the citizens well. Councillor Vincent suggested that a meeting between the Commission and Council might be in order; and Councillor Trites advised his intent, should the Commission meet with Council, to address his previously-expressed concern about problems in terms of morale within both the uniformed members of the Police Force and with management and some problems with the relationship of the two, as well as his belief that a way has to be found to improve the relationship between the rank-and- file and management, which may take some third-party mechanism. The Mayor asked Deputy Mayor Chase if he wished to clarify his motion to the effect that this matter would be referred to the Police Commission with the request that, after reviewing it, the Commission meet with Council; and Deputy Mayor Chase clarified that his motion is to put his concerns in a letter from Council before the Board of Police Commissioners and, if and when the Commission wishes to respond to the concerns, he would add to his motion that a mutually-convenient time be arranged for Council to meet with the Commission, at which time Councillor Trites' concern could also be addressed, and that Council also address this in general, and perhaps in specific terms, when analyzing the Kenny Arbitration Award. (Councillor Trites re-entered the meeting during the above discussion.) Question being taken, the motion was carried. *9B. Landfill Issue Councillor Waldschutz, having noted the three motions adopted by Council on June 19, 1995, made the observation that, with respect to the third motion requesting that a meeting be arranged with then-Fundy SWAT and Provincial authorities concerned with landfill issues, made the observation that this meeting was held earlier this date with members of the Fundy Region Solid Waste Commission, the Project Manager, the consultant from Gemtec, and a representative of the Provincial Department of the Environment; and advised his intent, stemming from that meeting, to propose two resolutions. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the following resolution be 85-429 COMMON COUNCIL AUGUST 28, 1995 adopted, namely: WHEREAS there has been compliance with the third motion passed at the Council meeting of June 19, 1995 and in light of consideration thereat: BE IT RESOLVED that the motion then passed on June 19, 1995, stating that Fundy SWAT be requested to discontinue any further efforts to establish a landfill site in Lorneville, be rescinded. Councillor Gould made the observation that he was not present at the June 19, 1995 public hearing concerning the application for re-zoning because at that time he believed he was in a position of conflict as he was a member of Fundy SWAT, and Fundy SWAT was in fact asking for the re-zoning; and that, having asked the City Solicitor earlier this date as to what his present position might be with respect to the motions currently being presented by Councillor Waldschutz, Mr. Rodgers indicated that he should feel free to participate in the vote since, in his opinion, he is no longer in a position of conflict. In response to Councillor Fitzpatrick, the Mayor confirmed that, if the above motion is adopted, the Fundy Region Solid Waste Commission would then be allowed to re-visit that particular site in discussion possibly with the Lorneville residents, and also allow the Commission to negotiate incentives with Lorneville as the host community or at least discuss with them the possibility of a recycling facility landfill site at the Paddy's Hill location. Councillor Vincent advised that he has had nothing brought to his attention, nor was he aware of any additional information that would allow him, at this time, to change his position from that as of June 19. Question being taken, the motion was carried with Councillor Vincent voting "nay". On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that the following resolution be adopted, namely: WHEREAS there has been compliance with the third motion passed at the Council meeting of June 19, 1995 and in light of consideration thereat: BE IT RESOLVED that staff be asked to prepare the appropriate resolution to commence an amendment to the Municipal Development Plan which would redesignate on Schedule 2-A of the Plan, from Rural to Heavy Industrial, a parcel of land of approximately 300 acres and fronting on Highway 7 at the intersection of Highway 177, also known as Crane Mountain. Councillor Vincent re-iterated his comment made with respect to the motion adopted immediately before the above-proposed motion; and Councillor Fitzpatrick advised that he would not be supporting the motion at this time as he has not heard anything different. Question being taken, the motion was carried with Councillors Fitzpatrick, Gould and Vincent voting "nay". 10. ProQress Payments Contracts 94-4, 94-20 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 94-4 Spruce Lake Landfill Phase 3 Closure Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 7 $863,300.00 861,023.10 85-430 COMMON COUNCIL AUGUST 28, 1995 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 7, dated August 15, 1995 Deficiency holdback release Nil 858,023.10 3,000.00 196.26 $ 3,000.00 2. Contract 94-20 Garden Street Intersection Classic Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated August 15, 1995 Final holdback release. $264,877.40 263,325.49 Nil 256,583.05 6,742.44 441.09 $ 6,742.44 Question being taken, the motion was carried. 11. Tender For Bush Boots On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Green Lee Shoe Ltd., in the amount of $64.90 per pair, be accepted for the supply of 200 pairs of bush boots to the City of Saint John Fire Department. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. 12. Tender For Fire Pumper On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of METALFAB Ltd., in the amount of $299,929 (plus taxes), be accepted for the supply of one new fire pumper, as per the tender specifications, less the optional flow meter, and that this purchase be financed from the 1996 Capital Budget and the Apparatus Reserve Fund. Question being taken, the motion was carried. 13. Tender For Sweeper Attachments On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Lounsbury Industrial Ltd., in the amount of $53,800 (plus taxes), be accepted for the supply of two new street sweeper attachments to be mounted on existing front-end loaders. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 85-431 COMMON COUNCIL AUGUST 28, 1995 14. Tender For Contract 95-21, Blowers And Air Filters, Lancaster Treatment Plant Read a report from the City Manager advising that, of the two tenders received for contract 95-21, blowers and air filters - Lancaster wastewater treatment plant, the tender of Sunny Corner Enterprises Inc. for $93,858 was found to be informal as it was submitted as a fax, contrary to instructions in the specification; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Sunny Corner Enterprises Inc. be declared informal and be rejected, and contract 95-21, blowers and filters - Lancaster wastewater treatment plant, be awarded to the low tenderer, Security Mechanical Limited, at the tendered price of $111,903, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 15. Tender For Contract 95-23, Lansdowne Avenue Milford Road Water And Sewer Construction On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, contract 95-23, Lansdowne Avenue - Milford Road water and sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $280,833, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16. Tender For Pedway Stair Addition - Harbour Station On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Cardinal Construction Inc., in the amount of $306,822.50 (taxes included), be accepted for the construction of a pedway stair addition at Harbour Station, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 17. Minimum Standards Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager recommending text changes as follows in the Minimum Standards By-Law: (1) subsection 5(3) - a wording clarification allowing Council to appoint an Acting Standards Officer in the absence of the Standards Officer; (2) subsection 6(1) - allows 85-432 COMMON COUNCIL AUGUST 28, 1995 for "Standards Inspectors" as well as the "Standards Officer" the right of entry onto the property; (3) section 13 - requires rooming houses to contain plumbing which meets the standards and requirements of the National Building Code of Canada; (4) subsection 43(2)(d) - reduces from sixty to thirty days the time frame which a property owner has to state the time within which the repairs or other actions are to be effected, subsequent to receiving a Notice to Comply; (5) subsection 44(1)(d) - a correction of a typographical error; and (6) subsection 49(2) - increasing the minimum and maximum fine under the By-Law, and that the proposed submitted amendment be given first and second readings -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Standards For Maintenance And Occupancy Of Residential Buildings And Premises", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Standards For Maintenance And Occupancy Of Residential Buildings And Premises". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Standards For Maintenance And Occupancy Of Residential Buildings And Premises", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Standards For Maintenance And Occupancy Of Residential Buildings And Premises". 18. Warrants For Saint John SalvaQe Corps And Fire Police On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, warrants be issued for Messrs. Jack A. Graves and John Pipes for membership in the Saint John Salvage Corps and Fire Police. Question being taken, the motion was carried. 19. Correction Of May 1, 1995 CCO Purchase of Land On Candace Street Consideration was given to a report from the City Manager recommending a correction to Common Council resolution of May 1, 1995, with regard to the purchase of two parcels of land on Candace Street, in that the report in this regard omitted the recommendation that the City pay outstanding and current property taxes of approximately $850. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Common Council rescind the resolution of May 1, 1995 regarding the purchase of two parcels of land on Candace Street: AND FURTHER that as recommended by the City Manager, Common Council approve the purchase of the two parcels of land on Candace Street, identified as PID #55024004 and 55024020, from Dobson Construction Limited, and authorize the Mayor and Common Clerk to execute the necessary documents on condition that: 85-433 COMMON COUNCIL AUGUST 28, 1995 (1) the purchase price be $1 for each parcel; (2) the City pay all legal costs associated with the transfer of title; and (3) the City pay outstanding and current property taxes of approximately $850. (Rescinded August 28, 1995 Bk. 85 Pg. 432 ) Question being taken, the motion was carried. 20. 9-1-1 Civic Address Program - Street Name ChanQes And NaminQ Of Unnamed Roadwavs Consideration was given to a report from the City Manager noting Council's approval on May 1, June 26 and July 17 of street names as part of the 9-1-1 Civic Address Program; and submitting a recommendation with respect to a duplicate street name change and street names in the East and West areas of the City. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council adopt the following as "Official Street Names": CATEGORY B: Duplicate Street Name ChanQes The section of Rockcliffe Street presently accessed from Westmorland Road is to be re-named Fern Street. CATEGORY C: Unnamed Roadwavs "East Recommendations" INTERNAL REFERENCE TMP3 TM P 26 TMP 36 SUGGESTED NAME Lake Cove Lane Fulton Lane Crow's Nest Lane "West Recommendations" INTERNAL REFERENCE TMP13 TM P 43 TM P 45 TMP 61 TM P 62 SUGGESTED NAME Tracy Lane Peggy's Lane Seal View Lane Maryanne Court Bonnell Lane. Question being taken, the motion was carried. 21. Sewer Easement 122 Rothesav Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council: (a) abandon those portions of a sewer easement granted by Thomas Gilbert et al dated May 23, 1910 shown as Parcels "B" and "C" on a Plan of Sewer Easement, Quigg Motors Limited, Gilbert Estate and Wilson Estate dated July 4, 1994; (b) accept a sewer easement from Quigg Motors Limited as Parcel "A" on a Plan of Sewer Easement, Quigg Motors Limited, Gilbert Estate and Wilson Estate dated July 4, 1994 on the same terms and conditions as the original 1910 grant of easement; (c) authorize the acceptance from Quigg Motors Limited of a release and indemnity with respect to the gas pump and lines occupying the former location of the sewer easement; and (d) authorize the Mayor and Common Clerk to execute the necessary documents with respect to the above. Question being taken, the motion was carried. 85-434 COMMON COUNCIL AUGUST 28, 1995 22. Public Safety Communications Centre On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that the new Public Safety Communications Centre will begin operation on Tuesday, September 5, 1995 at which time well-trained civilian communicators will assume responsibility for communications support to Police and Fire Services in the Centre's location with Police facilities in City Hall with full site, equipment, and emergency power back-up available at #1 Fire Station, and that, with the start-up of the new Centre, the City is ready to enter into negotiations with Region 2 Hospital Corporation for a contract to provide call-taking and dispatch for ambulance service in that Emergency Medical/Ambulance Service is the essential third component of the tri-service emergency response team; noting the anticipated fall implementation of the Enhanced 911 Service for Saint John and area, and the City's new Civic Addressing By-Law; and recommending that this report be received and filed and Common Council authorize staff to enter into negotiations with (a) Region 2 Hospital Corporation in the matter of call-taking and dispatch for the ambulance service; and (b) the Province of New Brunswick, Minister of Municipalities, Culture and Housing, in the matter of the development, establishment and operation of the Enhanced 911 Service - - be received and filed and the recommendation adopted. The City Manager, the Chief of Police, the Fire Chief and the Commissioner of Human Resources addressed Council, in turn, with respect to the new Public Safety Communications Centre. Question being taken, the motion was carried. *22A. Establishment - Public Safety Communications Centre Consideration was given to a report from the City Manager advising of the Establishment organization in the Public Safety Communications Centre, which will be coming on-line on September 5; and explaining the reason for the recommendation to amend the Establishment as follows:- PSC Supervisor - amend 4 to 5, PSC Operator - amend 13 to 12, for a total of 17; and explaining the reason for the recommendation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the following amendment to the Establishment:- Public Safety Communications Supervisor - amend from 4 to 5; and Public Safety Communications Operator - amend from 13 to 12. Question being taken, the motion was carried. 23. Tender For Contract 95-24: Harding Street (C) BelQrave Street Water And Sewer Construction On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, contract 95-24, Harding Street (C) - Belgrave Street water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $176,856.80, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 85-435 COMMON COUNCIL AUGUST 28, 1995 24. Project Funding For New Brunswick Museum And City Market Link Read a report from the City Manager submitting a copy of a letter from the Department of Municipalities, Culture and Housing advising that, with regard to Canada/New Brunswick Infrastructure Program project 6900.10.550.08, the City's application for financial assistance for the New Brunswick Museum has been approved with the total eligible costs of the project established at $1,100,000, with the combined Federal and Provincial share established at $734,000; advising that the City's share representing one third was set at $366,000, and that, with regard to the City Market link, The Market Square Corporation has finalized the project cost at $2,744,674, $67,674 over the original budget of $2,677,000, and has requested that additional funding be approved for this project; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, payment be authorized to the Province of New Brunswick in the amount of $366,000 pursuant to the cost-sharing arrangement in the Canada/New Brunswick Infrastructure Program (project 6900.10.550.08), and additional funding in the amount of $67,674 be approved for the City Market link project, the total amount to be charged to the 1995 Capital Budget. Question being taken, the motion was carried with Councillor Gould voting "nay". (Councillor Brown withdrew from the meeting as he was not present for the August 14, 1995 public hearing with respect to the proposed Street Closing By-Law amendment to close a portion of Rope Walk Road.) 25. Street Closing By-Law Amendment - Rope Walk Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to a portion of the following highway:- ROPE WALK ROAD - All that certain part of Rope Walk Road, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, described as beginning at a point on the southern sideline of Somerset Street, the said point being the intersection of the said southern sideline of Somerset Street with the eastern sideline of Rope Walk Road and having co-ordinates referred to the New Brunswick Grid Co-Ordinate System of 332909.318 east and 665 335.371 north, going thence southerly on an azimuth referred to the said New Brunswick Grid Co-Ordinate system of two hundred fourteen degrees, forty-three minutes, forty seconds (2140-43'- 40") along the eastern sideline of the Rope Walk Road a distance of twenty-one and fifty-seven hundredths (21.57) metres; thence northerly on an azimuth of twenty-three degrees, nineteen minutes and twenty seconds (230-19'-20") a distance of nineteen and two hundredths (19.02) metres; thence on a azimuth of sixty-eight degrees, nineteen minutes, twenty seconds (680-19'-20") a distance of three and one hundredth (3.01) metres to the prolongation westerly of the southern sideline of Somerset Street; thence on an azimuth of one-hundred thirteen degrees, eighteen minutes, fifty seconds (1130-18'-50") along the said prolongation a distance of two and thirteen hundredths (2.13) metres to the place of beginning. The aforesaid described parcel of land being designated as Parcel "A" on the submitted sketch, containing an area of 43 square metres and being a portion of the existing Rope Walk Road street right of way 85-436 COMMON COUNCIL AUGUST 28, 1995 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Brown re-entered the meeting.) 26. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on August 14, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, the City accept the offer of Joseph McNamara, the Developer, on behalf of Greenwood Water Supply Inc., to convey the fee simple title to the lot identified as NBGIC Number 425660, together with the interest of the Developer or the Company in the sewerage system lying within the area commonly known as Greenwood Subdivision, for the sum of One Thousand Dollars ($1,000), plus G.ST, on condition that the City accept responsibility for the payment of outstanding real property taxes owing upon the said NBGIC Number 425660; and further that staff be authorized to negotiate easements to accommodate the existing sewerage system where it is located upon private property not owned by the Developer or the Company. August 28, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 26.1. Greenwood Subdivision On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 27. Planning Advisory Committee Subdivision 96-109 Hill HeiQhts Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) authorize the preparation and execution of a City/Developer agreement with respect to 96-109 Hill Heights Road to ensure provision of the required work and utilities, including a detailed drainage plan for the approval of Engineering; (2) authorize the cost sharing of any work required outside the limits of the proposed subdivision relating to this development proposal; and (3) assent to the proposed land for public purposes dedication of Parcel 1, being approximately 2.63 acres in area as shown on the submitted photo-reduced subdivision 85-437 COMMON COUNCIL AUGUST 28, 1995 plan, for the creation of Lot 94-3 and as a credit for the future development of the subject property (NBGIC #50575). Question being taken, the motion was carried. 28. Planning Advisory Committee Subdivision 369 Woodward Avenue On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) authorize the preparation and execution of a City/Developer subdivision agreement with respect to 369 Woodward Avenue to ensure provision of the required work and public utilities, including detailed servicing and drainage plans for the approval of Engineering; (2) assent to any required municipal services or public utility easements for the proposed subdivision; and (3) accept a cash-in-lieu land for public purposes dedication for Lots 95-2 to 95-5. Question being taken, the motion was carried. 29. Minister Of Finance - June 26 CCO Residential Property Tax Credit On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Honourable Allan E. Maher, Minister of Finance, responding to Common Council resolution of June 26, 1995 which pertains to the Residential Property Tax Relief Act and suggests a reduction in the Provincial residential credit on owner-occupied home owners to finance the extension of the residential credit to rental properties; explaining why he does not favour increasing the property tax burden on those living in their own homes, and how the extension of the residential credit to rental properties would involve substantial revenue loss if not financed by increasing other taxes -- be received and filed and the Minister be thanked for his letter. Question being taken, the motion was carried. 30. Lloyd And Flo Bates Smythe Street Taxi Use On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Lloyd and Flo Bates of 55 Smythe Street advising of the development of a bothersome and rapidly-increasing intolerable situation on Smythe Street where a section of the street near the Hilton Hotel is clearly marked by signs as a stand for three taxies; and appealing to Council to try to alleviate this situation by, perhaps, requiring all cab companies to instruct their drivers to be quiet and considerate and more aware of their actions, particularly in residential areas -- be referred to the City Manager. Chief Sherwood advised that, earlier this date, he found out through the Supervisor, that the Taxi Inspector, the Traffic Supervisor, representatives from the taxi industry and Hilton Hotel staff have been working on the above issue for a week or ten days and are optimistic that a solution will be arrived at this week. Question being taken, the motion was carried. 31. Kevin G. Campbell Re-ZoninQ 890 Lorneville Road On motion of Councillor Knibb 85-438 COMMON COUNCIL AUGUST 28, 1995 Seconded by Councillor Gould RESOLVED that the application of Mr. Kevin G. Campbell for the re-zoning of 890 Lorneville 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 October 16, 1995. Question being taken, the motion was carried. 32. Cities Of New Brunswick Inc. Resolution Submission Deadline On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the memorandum from the Cities of New Brunswick Association advising that the deadline for submitting resolutions to the 1995 Annual Meeting in Saint John is Friday, September 15 -- be referred to the City Manager and for input from Council members on resolutions for submission to the Association's Annual Meeting in Saint John. Question being taken, the motion was carried. 33. Western Beaches Preservation Society Inc. ChipsealinQ Of Foot Of Sea Street Consideration was given to a letter from Mr. Michael R. Richard, President of Western Beaches Preservation Society Inc., submitting a copy of the Society's letter to the Commissioner of Community Services with respect to the chipsealing of the foot of Sea Street which has been recently reconstructed. Mr. Totten advised that staff has reviewed the above situation and, while not prepared to put this item in the chipseal program for this year, will include it next year. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that with regard to the letter from Mr. Michael R. Richard, President of Western Beaches Preservation Society Inc., Mr. Richard be informed by City staff of the decision that there will be no funds this year to chipseal the foot of Sea Street, but it will be next year's project. Question being taken, the motion was carried. 34. L. Johnson Re Ocean Westway Pit/Quarry Operation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from L. Johnson appealing, on behalf of the residents of the Spruce Lake end of Ocean Westway for help with respect to a pit/quarry operation in the area -- be referred to the City Manager. Mayor McAlary commented on the above matter based on her site visits with the Building Inspector and the Commissioner of Municipal Operations, and on concerns of Ocean Westway residents with respect to the hours of operation of the pit, blasting and truck traffic. During discussion Mr. Edwards advised of the necessity, each year, for an application to be made to the City to operate the pit, a $500 application fee and for staff to recommend to Council the amount of security that would be required to rehabilitate the pit, and confirmed the Mayor's understanding that Mr. Galbraith intends to call the City when blasting is to take place and the City, in turn, would let the residents know; and with respect to the hours of operation, Mr. Rodgers advised that, as the By-Law sets out the hours of operation, an amendment in this regard, with good reasons that the hours should be changed for the City generally, would be given 85-439 COMMON COUNCIL AUGUST 28, 1995 general application throughout the City and not just applied to one operator, as the latter would be challenged as discriminatory and probably held invalid. With respect to sidewalks in the area, Mr. Robichaud advised that, basically, there are no sidewalks and there are no plans to put any in in the future, and that Mr. Galbraith has given a letter to every truck driver he has hired telling them that, if they exceed 40 kilometres per hour and the posted speed limit is 50 kilometres per hour, they will be fired and he will no longer use their trucks to haul the crushed material. Regarding a concern about the hours of operation, Mr. Edwards explained that the By-Law speaks to the operation of the pit and quarry, including crushing, blasting and trucking material from it, and there is nothing to prohibit a truck from travelling on Ocean Westway any hour of the day, and parking and waiting in que for the pit to open at 6:00 a.m.; and expressed the understanding that the pit is in operation from 7:00 a.m. to 7:00 p.m., although the By- Law allows them to operate until 8:00 p.m., and some trucks are there beyond 7:00 p.m. doing normal maintenance-type operations, and vehicles do travel to the pit prior to 7:00 a.m. Question being taken, the motion was carried. 35. Glenn Carpenter - Aquatic Centre Expansion On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Mr. Glenn Carpenter in opposition to a $1 million expenditure for a hard ball court at the Aquatic Centre -- be referred to the Saint John Aquatic Centre Commission, and the Commission be asked to appear in open session of Council on Tuesday, September 5, 1995 to explain what is, in fact, happening with the expansion project at the Aquatic Centre. Councillor Trites asked that copies of the correspondence received from the YM-YWCA pertaining to the above matter be provided in the Council kits preparatory to the Aquatic Centre's presentation, and the Mayor asked that copies of all correspondence in this regard be provided to Council members. Question being taken, the motion was carried. 36(a) Richard W. & Eileen A. Burbridge Re-ZoninQ 222 CottaQe Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Richard W. Burbridge and Eileen A. Burbridge for the re-zoning of 222 Cottage 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 October 16, 1995. Question being taken, the motion was carried. 36(b) Gorman Nason Ljungstrom Re-ZoninQ 222 CottaQe Road (Deputy Mayor Chase withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Gorman Nason Ljungstrom submitting an Affidavit which Mr. and Mrs. Burbridge request to be filed with their application for re-zoning of 222 Cottage Road -- be received and filed. Question being taken, the motion was carried. 85-440 COMMON COUNCIL AUGUST 28, 1995 37. The Committee To Establish The Saint John Free-Net - Grant Request On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Committee to Establish the Saint John Free-Net, a multi-user computer network, requesting a grant to be applied directly to the cost of incorporating as a not-for-profit business and the legal fees that will be incurred - - be referred to the City Manager for a report to Council. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 38. The Saint John Theatre Co. Request For Ad Placement On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter from The Saint John Theatre Company Inc. requesting the City to once again support it by purchasing the back cover in its program at a cost of $1,000 -- be received and filed and the request be granted. Question being taken, the motion was carried. 39. Carleton-Kirk Complex Inc. Re-ZoninQ Of Olive Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Carleton-Kirk Complex Inc. for the re-zoning of property on Olive Street 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 October 16, 1995. Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and Council meet in Legal Session. Question being taken, the motion was carried. Common Clerk