1995-11-06_Minutes
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COMMON COUNCIL
NOVEMBER 6, 1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixth day of November, A.D. 1995, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, 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; J. Baird, Manager, Community Planning;
W. Edwards, Building Inspector; D. Logan, Purchasing Agent; S.
Lodhi, Manager, Real Estate and Facilities Management; P.
Asimakos, Planner; G. Tait, Fire Chief; G. Ingraham, Assistant
Deputy Chief of Police; 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 Reverend David
Nicholson of Douglas Avenue Christian Church offered the opening prayer.
2. Mayor's Remarks
Mayor McAlary commended the organizers, volunteers, City staff and
others for their involvement in Sun Life Skate Canada International held at Harbour
Station from November 2 to 5; and proclaimed November as Diabetes Month, the week
of November 6 to 10 as Medical Radiology Week, and November as Family Violence
Protection Month in the City of Saint John.
Councillor Knibb paid tribute to Saint John writer William Edward Daniel
(Dan) Ross, who passed away on November 1, 1995, and extended condolences to his
family.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the City Manager's
report on the equipment auction (copies of which were forwarded to Council members
as an information item at the October 30 Council meeting) be added to the agenda of
this meeting for consideration as item 3.
Question being taken, the motion was carried.
*3. Equipment Auction
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising the results of the City's annual equipment auction held on October
21 -- be received and filed.
Question being taken, the motion was carried.
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4. Tender For Contract 95-36
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, contract 95-36: Hilyard Street watermain renewal, be awarded to the low
tenderer, Fairville Construction Ltd., at the tendered price of $43,425, as calculated
based upon estimated quantities, and the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
Question being taken, the motion was carried.
5. Tender For Flow Meters
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Veronics Instruments Inc., in the amount of $48,100, be
accepted for the supply and installation supervision of flow meters for the Millidgeville
waste water treatment plant.
Question being taken, the motion was carried.
6. Tender For Vacuum Trucks
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, the tender of Melanson's Waste Management Inc., Saint John,
having the lowest prices bid on each item of the tender as indicated in the submitted
summary of bids, be accepted for the supply of vacuum trucks, as required, for a period
of one year.
Question being taken, the motion was carried.
7. Land For Public Purposes And
Land For Public Purposes Fund
Consideration was given to a report from the City Manager noting
Council's previous requests for clarification of the City's policies for the acceptance of
land for public purposes or money in lieu of land for public purposes; and submitting a
policy paper setting out the regulatory context for requiring land for public purposes and
identifying proposed steps in evaluating land or money in lieu of land for public
purposes, such document intended to provide guidance to staff, Council and land
developers when evaluating specific subdivision proposals.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council adopt the procedures, as set out in the submitted
policy paper, for guidance in evaluating land for public purposes.
During discussion Councillor Vincent, in noting the proposal to limit the
use of the Land for Public Purposes Fund to a dollar amount in anyone year not to
exceed $50,000 or $75,000 in cases of community-wide interest, asked the criteria to
be used in dealing with the latter, to which Mr. Baird replied that this would be a matter
for interpretation and analysis at each time and, before funds of that magnitude would
be expended, the particular request would be analyzed to determine how it did relate,
so it would be on a case-by-case basis and the policy is really for guidance of staff in
preparing that analysis. Councillor Vincent advised his opposition to money in lieu of
land for public purposes because the money gathered is not spent on the development
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NOVEMBER 6, 1995
of that land for public purposes and that his understanding was that land would be set
aside in developments with funding obtained from the developers for the purpose of
creating tot lots and small recreational areas, the latter which has happened in some
but not all cases; and, in response to his suggestion that the maximum cap could be
$75,000 with general application in the amount of $50,000 and three or four examples
could be specified, Mr. Baird replied that, in making it more specific, it would become
increasingly more difficult to make exceptions when Council deems it necessary to
have a more significant expenditure, so the policy was put forward in general terms to
outline staff's direction but still give Council the freedom to choose the projects and
developments that it feels are appropriate for the community. There was discussion
relevant to a situation in the Bon Accord Subdivision where one group of residents want
a playground established on the land for public purposes, while a second group of
residents is concerned more about the location of the site, this having been the subject
of a petition to Council on September 25, 1995. Councillor Brown suggested that there
should be some way to identify on the subdivision plan the uses that could be given to
the land for public purposes so that people, in purchasing lots in the subdivision, would
know at least that it would be a buffer area, a playground or whatever; and Mr. Baird
advised that, while this could be very easily done in terms of the initial distribution and
public consultation on a subdivision process in communicating the types of uses, he
would want to reflect on the fact of how legally binding that would be in the future;
however, the fact of the matter is that the people with whom consultation would take
place in the initial process would be the people who are already there and it would be
new people coming into the subdivision who, in most cases, would be directly adjacent
to the new parcel, which is the situation in the Bon Accord Subdivision; therefore,
whether or not this would be reaching the particular customer might be the issue.
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
8. Proposed Municipal Plan Amendment
Crane Mountain HiQhwav 7 And 177
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the report from the City
Manager noting that Council has not yet concluded the October 30 public hearing with
respect to a proposed Zoning By-Law text amendment with regard to sanitary landfill
facilities in the "1-2" Heavy Industrial zone, and that the final disposition of this will affect
the Zoning By-Law amendment which would be recommended for consideration
concurrent with the Municipal Plan amendment with regard to Crane Mountain at
Highway 7 and 177 (which is on the agenda of this meeting for consideration under
item 12); and recommending that any further action with respect to the Municipal Plan
amendment be tabled until a further report is submitted setting out the details of the
amendment to the Zoning By-Law to be considered at the same time -- be received and
filed.
As to the reason for the above recommendation, Mr. Baird explained
that, at the present time, staff does not know the disposition of the Zoning By-Law text
amendment relevant to sanitary landfills in the "1-2" zone as the public hearing process
is still underway and, as what would happen in that process would affect the nature and
type of Zoning By-Law amendments that would have to be put forward with respect to
Crane Mountain and the Municipal Plan amendment, the timing of the various events
and the fact that a final decision has not been made with respect to the text
amendment has led to the above recommendation to table the matter. The Mayor
asked when the public hearing would take place, should Council follow the normal
process at this meeting of referring the proposed Municipal Plan amendment relevant
to Crane Mountain to the Planning Advisory Committee and authorize advertising, to
which Mr. Baird replied that, if the status of the text amendment were known, it would
be possible for the public hearing of the proposed Municipal Plan amendment and the
amendments to the Zoning By-Law that would move in conjunction with that, to be held
on December 11; and, as the Community Planning Act requires that the Municipal Plan
and Zoning By-Law be kept in sync with one another, to proceed with the Municipal
Plan amendment at this time without the Zoning By-Law amendment at this time would
mean they would be out of sync. As to a date for a public hearing of both the Municipal
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NOVEMBER 6, 1995
Plan and Zoning By-Law amendments, should the text amendment relevant to the "1-2"
zone be enacted, Mr. Baird advised that, while legally the public hearing could be
earlier, he would think the earliest practical time for the public hearing to be held would
be January 29, 1996 to keep the Municipal Plan and Zoning By-Law in sync.
Councillors Vincent and Trites spoke in opposition to the above motion; and Councillor
Ball questioned the timing and sequence on the basis that, should Council proceed to
enact the text amendment at the conclusion of the public hearing which commenced on
October 30, Council could at the same time consider the amendments relative to Crane
Mountain and, upon the Mayor's observation that Council would not normally add the
Crane Mountain issue to the agenda of the November 7 meeting which is for the
purpose of continuing the October 30 public hearing and another week would be
needed should Council move to enact the text amendment relative to the "1-2" zone as
it would require three readings, Councillor Ball withdrew as seconder of the motion to
receive and file. Mr. Totten explained that staff, in reviewing this matter, essentially had
two options to consider, one being to recommend that Council table this item and await
the outcome of the October 30 public hearing, the second being to advise Council to
proceed and set a public hearing date with such lead time that would allow staff to
know what was happening with the text amendment; in other words, to force the issue
with respect to a public hearing date; and the recommendation was made to table the
matter as opposed to picking a public date of January 29 as this could be done a week
or two weeks from now after staff has seen what happens. With regard to Councillor
Fitzpatrick's query about tabling the matter for one week, Mr. Totten advised that,
presuming there would be a decision forthcoming on November 7 with regard to the
proposed text amendment, staff would take a position at Council's November 14
meeting as it would be staff's obligation and intention to come back to Council as
quickly as possible following Council's decision on the text amendment, should his
recommendation be adopted. The Mayor questioned the motion to receive and file in
that Councillor Ball indicated his withdrawal as seconder, whereupon Councillor Ball
indicated that he would remain as seconder of the motion.
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, any further action with respect to the Municipal Plan amendment relevant
to Crane Mountain at Highway 7 and 177 be laid on the table until a further report is
submitted setting out the details of the amendment to the Zoning By-Law to be
considered at the same time.
Question being taken, the tabling motion was carried with Councillors
Ball and Knibb voting "nay".
The Mayor called for a motion to table item 12.
12. Municipal Plan Amendment
Crane Mountain. HiQhwav 7 & 177
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the
Common Clerk advising that, following the procedure for amendments to the Municipal
Plan, the necessary advertising and public presentation with respect to a proposed
Municipal Plan amendment concerning property at Crane Mountain on Highway 7, at
the intersection of Highway 177, have been completed, and the date for objections
expired on November 1, 1995 with the submitted objections having been received in
this regard; and noting that Council, if it so wishes, may now authorize the necessary
advertising for the proposed Municipal Plan amendment, schedule a public hearing and
request the views of the Planning Advisory Committee -- be laid on the table.
Question being taken, the tabling motion was carried.
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9. Amendment To City Market By-Law
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the report from the City
Manager recommending that Common Council approve the submitted amendment to
the City Market By-Law to allow Market merchants the opportunity to be open on
Sunday, November 19 from 12:00 noon - 5:00 p.m., and Sunday, December 24 from
10:00 a.m. - 5:00 p.m. -- be received and filed:
AND FURTHER that the by-law to amend the City Market By-Law, with
regard to opening hours on November 19 and December 24, 1995, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the City Market By-Law.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
City Market By-Law with regard to opening hours on November 19 and December 24,
1995, be read a second time.
Question being taken, the motion was carried.
(Councillor Fitzpatrick withdrew from the meeting.)
Read a second time the by-law to amend the City Market By-Law.
10. Expropriation Of Parcel "P"
Portion Of Former Shoreline Road Line
South Of Rocky Bluff Terrace
And East of Seacliff Lane
Consideration was given to a report from the City Solicitor advising that,
in accordance with Common Council resolution of May 29, 1995, the City of Saint John
filed with the Expropriations Advisory Officer on July 5, 1995 a Notice of Intention to
Expropriate one parcel of land which is a portion of the former Shoreline Road Line
located to the south of Rocky Bluff Terrace and to the east of Seacliff Lane, and that,
as the Expropriations Advisory Officer has advised that no Notice of Objection has
been filed with him within the time prescribed by the Expropriation Act, the municipality
may now proceed in accordance with Section 19 of the Act; and recommending
adoption of the submitted resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the following resolution be
adopted, namely:
"WHEREAS Common Council, by resolution dated May 29, 1995, authorized
the commencement of expropriation proceedings and the filing with the Expropriations
Advisory Officer of a Notice of Intention to Expropriate the lands and premises
hereinafter described;
AND WHEREAS a Notice of Intention to Expropriate the hereinafter described
lands and premises was filed with the Expropriations Advisory Officer on July 5, 1995;
AND WHEREAS no Notice of Objection to the proposed expropriation was filed
with the Expropriations Advisory Officer within the time prescribed by statute;
AND WHEREAS Common Council wishes to confirm the Notice of Intention to
Expropriate:
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COMMON COUNCIL
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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 lands and premises described in Schedule "A" attached hereto and
the registering of a Notice of Expropriation of the lands and premises described in
Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the
County of Saint John;
AND FURTHER WHEREAS Common Council has by resolution immediately
preceding these presents authorized the expropriation of lands and premises described
in Schedule "A" attached hereto;
AND WHEREAS section 22, subsection (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 as of the date of registration of the Notice of Expropriation if at that time no
owner is in occupation of the land;
AND WHEREAS the lands and premises described in the resolution
immediately preceding these presents are not occupied by the owners:
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 Schedule "A" attached hereto on the date of registration of
the Notice of Expropriation."
Schedule "A"
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, in the Province of New Brunswick being more
particularly described as follows:
Beginning at the intersection of the southern side of Canadian Pacific Railway
Pacific Company property with the eastern boundary of parcel "0". Said point having
New Brunswick grid coordinate values of easting 332 280.018 metres and northing 660
498.956 metres.
Thence northeasterly along the arc of a curve to the left, said curve having a
radius of four hundred and sixteen and fifty nine hundredths metres (416.59m)(chord
equivalent being a distance of ninety four and twenty six hundredths metres (94.26m)
measured on a New Brunswick grid azimuth of sixty six degrees (660) forty minutes
(40') ten seconds (10")), a distance of ninety four and forty six hundredths metres
(94.46m) to the end of said curve.
Thence on an azimuth of fifty eight degrees (580) twelve minutes (12') zero
seconds (00") and continuing along the aforementioned southeastern boundary of
Canadian Pacific Railway Company property, a distance of one hundred and twenty
one and thirty hundredths metres (121.30m) to the western boundary of Parcel "Q".
Thence on an azimuth of one hundred and eighty one degrees (1810) fourteen
minutes (14') ten seconds (10") along the aforementioned western boundary of Parcel
"Q", a distance of twenty two and twenty six hundredths metres (22.26m) to the
northwestern side of a right of way in favour of Canadian Pacific Limited being more
particularly shown on a plan filed in the Saint John County Registry Office in File 14 as
Plan #163.
Thence on an azimuth of two hundred and forty degrees (2400) fifty minutes
(50') twenty seconds (20") along the aforesaid northwestern side of said right of way, a
distance of one hundred and twenty nine and twenty three hundredths metres
(129.23m) to the beginning of a curve to the right.
Thence southwesterly along the arc of a curve to the right, said curve having a
radius of three hundred and eight and ninety three hundredths metres (308.93m)(chord
equivalent being a distance eighty and eighty five hundredths metres (80.85m)
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measured on an azimuth of two hundred and forty eight degrees (2480) zero minutes
(00') ten seconds (10")), a distance of eighty one and eight hundredths metres
(81.08m) to the eastern boundary of Parcel "0".
Thence on an azimuth of three hundred and fifty four degrees (3540) thirty three
minutes (33') thirty seconds (30") along the aforementioned eastern boundary of Parcel
"0", a distance of fourteen and thirty one hundredths metres (14.31m) to the place of
beginning.
A tract of land containing an area of 3,272 square metres and being designated
as Parcel "P" on a Plan of Survey To Accompany Notice of Intention to Expropriate,
Property Situate Bayshore, City of Saint John, County of Saint John, Province of New
Brunswick, prepared by Hughes Surveys & Consultants Ltd. on June 28, 1995
Question being taken, the motion was carried.
11. Expropriation Of Parcel "Q"
Portion Of Former Shoreline Road Line
Southeastwardly Rocky Bluff Terrace
Consideration was given to a report from the City Solicitor advising that,
in accordance with Common Council resolution of May 29, 1995, the City of Saint John
filed with the Expropriations Advisory Officer on July 7, 1995 a Notice of Intention to
Expropriate one parcel of land which is a portion of the former Shoreline Road Line
located southeastwardly of Rocky Bluff Terrace, and that, as the Expropriations
Advisory Officer has advised that no Notice of Objection has been filed with him within
the time prescribed by the Expropriation Act, the municipality may now proceed in
accordance with Section 19 of the Act; and recommending adoption of the submitted
resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the following resolution be
adopted, namely:
"WHEREAS Common Council, by resolution dated May 29, 1995, authorized
the commencement of expropriation proceedings and the filing with the Expropriations
Advisory Officer of a Notice of Intention to Expropriate the lands and premises
hereinafter described;
AND WHEREAS a Notice of Intention to Expropriate the hereinafter described
lands and premises was filed with the Expropriations Advisory Officer on July 7, 1995;
AND WHEREAS no Notice of Objection to the proposed expropriation was filed
with the Expropriations Advisory Officer within the time prescribed by statute;
AND WHEREAS Common Council 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 lands and premises described in Schedule "A" attached hereto and
the registering of a Notice of Expropriation of the lands and premises described in
Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the
County of Saint John;
AND FURTHER WHEREAS Common Council has by resolution immediately
preceding these presents authorized the expropriation of lands and premises described
in Schedule "A" attached hereto;
AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E-
14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority
to
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take physical possession of expropriated lands and premises and occupation as an
owner as of the date of registration of the Notice of Expropriation if at that time no
owner is in occupation of the land;
AND WHEREAS the lands and premises described in the resolution
immediately preceding these presents are not occupied by the owners:
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 Schedule "A" attached hereto on the date of registration of
the Notice of Expropriation."
Schedule "A"
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, in the Province of New Brunswick being more
particularly described as follows:
Beginning at a point on the boundary of Canadian Pacific Railway Company
Limited. Said point having New Brunswick grid coordinate values of easting 332
469.799 metres and northing 660 606.296 metres and being designated as point #575.
Thence on a New Brunswick grid azimuth of fifty seven degrees (570) forty
minutes (40') ten seconds (10") along the aforementioned southeastern boundary of
Canadian Pacific Railway Company Limited property, a distance of fifty four and eighty
seven hundredths metres (54.87m) to the western boundary of Parcel "S".
Thence on an azimuth of one hundred and seventy seven degrees (1770) four
minutes (04') ten seconds (10") along the aforementioned western boundary of parcel
"S", a distance of twenty three and thirty six hundredths metres (23.36m) to a point.
Thence on an azimuth of two hundred and thirty three degrees (2330) forty two
minutes (42') zero seconds (00"), a distance of fifty nine and seventy one hundredths
metres (59.71m) to the eastern boundary of Parcel "P".
Thence on an azimuth of one degree (010) fourteen minutes (14') ten seconds
(10") along the aforementioned eastern boundary of Parcel "P", a distance of twenty
two and twenty six hundredths metres (22.26m) to the eastern boundary of Canadian
Pacific Railway Company Limited property.
Thence on an azimuth of one degree (010) fourteen minutes (14') ten seconds
(10") along the aforementioned eastern boundary of Canadian Pacific Railway
Company Limited property, a distance of six and nine hundredths metres (6.09m) to the
place of beginning.
A Parcel of land containing an area of 1,205 square metres and being
designated as Parcel "Q" on a Plan of Survey to Accompany Notice of Intention to
Expropriate, Property Situate Bayshore, City of Saint John, County of Saint John,
Province of New Brunswick, prepared by Hughes Surveys & Consultants Ltd. on June
28, 1995.
Question being taken, the motion was carried.
13. 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 October 30, 1995, when there were
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present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following
recommendation, namely:-
1. That as recommended by the City Manager, Common Council authorize
the City Solicitor's Office to commence expropriation proceedings to acquire the fee
simple absolute interest in the lands referred to as Parcels U, X, Y, Z and ZZ, on the
submitted plan; and commence expropriation proceedings to acquire the fee simple
interests in Parcel V from the heirs and beneficiaries of Alfred H. DeMill and the heirs
and beneficiaries of Frederick E. DeMill; for the purpose of installing and maintaining a
portion of the Western Collector Trunk Sewer and other required municipal services,
and the Mayor and Common Clerk be authorized to execute all necessary documents
for the expropriations:
AND FURTHER that as recommended by the City Manager, Council authorize
the acquisition of the fee simple absolute interest in Parcel Wand the remaining fee
simple interest in Parcel V, as generally shown on the submitted plan, from McNulty
Cartage (1987) Ltd., for the sum of $6,500, plus all costs associated with this
transaction.
November 6, 1995,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
13.1. Acquisition Of Properties For
Western Collector Trunk Sewer
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting.)
14. Minister of Municipalities, Culture
And Housing - Response To September 5
CCO Re Review Of Municipalities Act
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from The
Honourable Ann Breault, Minister of Municipalities, Culture and Housing, responding to
Common Council resolution of September 5, 1995 dealing with the review of the
Municipalities Act that is currently being undertaken by her Department -- be received
and filed and the City Manager be asked to complete the questionnaire in this regard.
Question being taken, the motion was carried.
(Councillor Trites withdrew from the meeting.)
15. Sheehan/Barr Associates
Aquatic Centre Expansion
Consideration was given to a letter from Messrs. Alastair Barr and
Donald Sheehan of Sheehan/Barr Associates referring to their September 5
presentation to Council in closed session on the proposed Aquatic Centre expansion in
that no formal feedback has been received and they feel they are no closer to
resolution of this long outstanding issue; and requesting that the City of Saint John be
instructed to enter into negotiations with Sheehan/Barr Associates towards an equitable
financial settlement.
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Councillor Knibb proposed a motion, which was seconded by Councillor
Ball, to receive and file the above letter.
(Councillor Trites re-entered the meeting.)
Councillor Knibb, a member of the Saint John Aquatic Centre
Commission, advised that the Commission has obtained a legal opinion in the above
regard which, presumably, would come back to Council at some time. Councillor
Fitzpatrick spoke against the motion to receive and file the letter in that issue has been
before Council time and time again and, as he does not think Sheehan/Barr Associates
has been given an answer one way or another in this regard, he would like to see the
matter settled and Sheehan/Barr Associates given a response. At the Mayor's
suggestion that, as Council does not have a legal right to deal with this matter, the
Aquatic Centre Commission should deal with it and send a letter to Sheehan/Barr
Associates stating its reasons for not going through with its proposal, Councillor Knibb,
withdrew as mover of the motion to receive and file and proposed that the matter be
referred to the Commission. The Mayor suggested that Council could pass a resolution
asking the Commission to deal with this matter, and forward a copy of the resolution to
Sheehan/Barr Associates. Councillor Trites made the observation that, while
Sheehan/Barr Associates made the initial unsolicited proposal to the Commission and
the Commission sent Sheehan/Barr a letter of intent, Council determined that, if the
expansion were to proceed, it would do so under the auspices of the City, effectively
removing the public-private proposal from the table, and also that Council would make
the final decision with respect to the expansion; and suggested that, if the expansion
does not proceed, the City would have no real commitment to Sheehan/Barr
Associates; however, if Council decides to go ahead with the construction of an
addition to the Aquatic Centre which is based on a proposal almost identical to that
presented by Sheehan/Barr Associates, he would question whether or not the City
would have some responsibility to Sheehan/Barr for some of its costs. The Mayor
noted that Council would need legal counsel in this regard; and suggested that Council
could either table the letter until a decision is made on the expansion, which could be
some time from now as she has not yet received a response to the letters sent to the
Commission and the Y about setting up a committee, or Council could refer the letter
the Aquatic Centre Commission; and Councillor Trites proposed that Council defer
action on this matter pending the final result on the Aquatic Centre expansion.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from
Sheehan/Barr Associates regarding the Aquatic Centre expansion proposal -- be laid
on the table pending a final decision on the Aquatic Centre expansion, subject to
appropriate legal input at that time.
Councillor Gould suggested that there were two separate and distinct
items in this matter, one being the matter of the Sheehan/Barr Associates' proposal and
how the Aquatic Centre Commission deals with it, and the second being Council's
decision on the merits of the proposal for expansion; and advised that he could not see
delaying the Sheehan/Barr issue any longer. Mr. Totten, in noting Sheehan/Barr
Associates' request for the City to enter into negotiations, expressed the view that, if
Sheehan/Barr has not been formally notified, it should be notified by the Commission
and, as to whether or not the City should become involved, it would be a matter of
essentially whether Council supports the position taken by the Commission and the
legal advice given to it; and, with respect to the comments as to the proposal and that
the Sheehan/Barr proposal may be what is being considered now, the proposal
included a whole lot of conditions, not only the design but on how it was to be financed,
the terms of reference, and monthly payments, all of which would have to be
considered; and suggested that Council would be well advised to advise Sheehan/Barr
that the City of Saint John is not interested in entering into negotiations to come up with
a financial settlement at this time. Mr. Rodgers suggested that, if the above motion
passes and so there is no misunderstanding that Council is holding something out to
Sheehan/Barr depending on the direction Council takes, the resolution should include
wording to indicate that it is subject to the appropriate legal input at that time; and made
the observation that, if Council chose to take the City Manager's suggestion, a new
resolution would be required; and the motion was changed as indicated above.
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Question being taken, the tabling motion was carried with Councillors
Fitzpatrick and Gould voting "nay".
16. W. Brian Wheelock
Aquatic Centre Expansion
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from Dr. W.
Brian Wheelock expressing concern about the proposal before Common Council to
expand the facilities of the Aquatic Centre, which could compete directly with other
facilities and specifically the YM-YWCA for members -- be received and filed.
Question being taken, the motion was carried.
17. The Kidney Foundation Of Canada
Request For Support & Endorsement
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Chairman of the 1996 March Drive Committee, New Brunswick Branch of The Kidney
Foundation Of Canada, requesting Council's support and endorsement of the 1996
March Drive -- be received and filed.
Question being taken, the motion was carried.
18. Saint John General Hospital
School Of Nursing Alumnae
Time Capsule/s - General Hospital
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
President of the Saint John General Hospital School of Nursing Alumnae expressing
interest in obtaining the time capsule/s from the old General Hospital -- be received and
filed and the Nursing Alumnae be advised that the time capsule/s are to be given to
The New Brunswick Museum.
Question being taken, the motion was carried.
19. Local Union 691, Communications,
Energy And Paperworkers Union Of Canada
Re KeepinQ HeatinQ Devices On Picket Line
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mr.
Larry Washburn, President of Local Union 691, Communications, Energy and
Paperworkers Union of Canada, requesting permission to keep heating devices on the
picket line locations; and, with regard to the Local's information sign, asking for an
indication of what City by-law or ordinance is cited in this instance -- be received and
filed and approval be given to keep the heating devices on the picket line locations on
the street right-of-way at the entrances to the Irving Oil Refinery until April 15, 1996.
Mr. Edwards apprised Council of the contents of his letter to Mr. Larry
Washburn of Local Union 691, dated October 20, 1995, suggesting to him that, if it
were the intent to maintain the structures on the street right-of-way, he should again
seek Council's permission, and, if it is not the intent to do so, requesting that he
undertake to remove the structures immediately, and advising that a sign affixed to the
side of the structure located on the Loch Lomond Road is not permitted and must be
removed immediately. Mr. Edwards advised that, if Council wishes, he would
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correspond with Mr. Washburn and point out the relevant by-laws. Mr. Totten noted the
two requests in the above letter, one with respect to the extension for the heating
devices which Council approved a year ago and being strictly a decision of Council as
to whether to permit the heating devices on the street right-of-way until April 15, 1996,
the second asking for further information with respect to the Sign By-Law which staff
would undertake to provide.
Question being taken, the motion was carried.
20(a) Petition To Rename Milford Road
(b) Petition ObjectinQ To RenaminQ Milford Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letters from (a) Mr.
Louis J. Earle submitting a petition to change the name of Milford Road to Lou Murphy
Drive; and (b) Susan Harley submitting a petition signed by residents of Milford Road
objecting to any renaming of Milford Road -- be received and filed.
Question being taken, the motion was carried.
21. Association For Burlesque
Entertainers Re Lap DancinQ
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Association For Burlesque Entertainers of Toronto, Ontario, asking Council to join in the
effort to stop lap dancing and to prevent it from spreading -- be received and filed.
Question being taken, the motion was carried.
22. David P. Mennier - Dumping Of
Debris From Old General Hospital
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. David
P. Mennier to Mayor McAlary asking for answers to the stated questions in the interest
of making clear her position to the citizens of Forest Hills regarding the dumping of the
debris form the old General Hospital -- be laid on the table for consideration later in the
meeting in conjunction with item 27.
Question being taken, the tabling motion was carried.
23. Island View Home & School Association
Health & Safety Committee - Support
For UpQrade of Forest Hill Drive (West)
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Health & Safety Committee of the Island View Home & School Association requesting
Council's support for the community improvement effort by approving the Forest Hill
Drive (West) upgrade -- be referred to the City Manager for consideration as a future
capital budget project.
Question being taken, the motion was carried.
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24(a)(b) Re-Zoning & Subdivision
Re 371 Woodward Avenue
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letters objecting
to the proposed re-zoning and subdivision at 371 Woodward Avenue, and the letter
from Peter and Jody Pappas, the applicant, requesting to make a presentation to
Council in this regard -- be laid on the table.
Councillor Knibb noted Council's action at the September 18 public
hearing on the proposed re-zoning of 370 Boars Head Road in tabling the matter until
the Planning Advisory Committee provided a final recommendation; and Mr. Baird
advised that the Planning Advisory Committee has dealt with this matter and expects to
have a report at Council's next meeting and that Mr. Pappas has indicated that he
would quite willingly wait until all the information is before Council.
Question being taken, the tabling motion was carried.
25. Michael Chipman - Donation
Request For Skate-To-Care Team
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. Michael
Chipman requesting a donation to the S.H.A.R.E. Bears Skate-To-Care '96 team -- be
received and filed.
The Mayor advised that she apprised Mr. Chipman of the City's
considerable donation in-kind in staff and work to the Skate-To-Care and indicated that
Council members could individually, if they so desired, give donations.
Question being taken, the motion was carried.
26. Joe & Linda Kelly - Costs To
Relocate From Red Head Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Joe and
Linda Kelly advising that they are facing large unknown costs to fix their home, which
was relocated from 1150 Red Head Road, and asking if some consideration could be
given in matters such as the cost of sewer connection -- be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that this meeting be
adjourned until 7:00 o'clock p.m. on this date, and Council meet in Committee of the
Whole.
Question being taken, the motion was carried.
The Council meeting reconvened at 7:00 o'clock p.m., when there were
present Mayor McAlary and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb,
Trites, Vincent and Waldschutz, and Messrs. Totten, Rodgers, MacKinnon, Groody,
Edwards, Tait and Ingraham, Mrs. Munford and Ms. Joyce.
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27. Forest Hills Committee - Trucking &
Placement Of Debris From Old General
Hospital In Forest Hills Area
Consideration was given to a letter from Marilyn J. Stewart of the Forest
Hills Committee submitting a petition objecting to the trucking of and placement in the
Forest Hills area of demolition debris from the old General Hospital; and requesting to
appear before Common Council at this meeting providing arrangements can be made
for a presentation at 7:00 o'clock p.m.
22. David P. Mennier - Dumping Of
Debris From Old General Hospital
Consideration was also given to the letter (which was tabled earlier in
this meeting) from Mr. David P. Mennier to Mayor McAlary asking for answers to the
stated questions in the interest of making clear her position to the citizens of Forest
Hills regarding the dumping of the debris form the old General Hospital.
The Mayor, noting the large delegation of persons present at the
meeting, advised her intent to conduct this portion of the meeting in the same manner
as she would a public hearing by having each person, in turn, make a presentation
followed by questions from Council members.
Mr. David Mennier of 2485 Candace Street addressed Council on the
proposal to dump debris from the old General Hospital in the Forest Hills area, near
homes, schools and recreational grounds; and, referring to the reference at Council's
October 16 to a petition of 14 names supporting the dumping of clean fill in an area
adjacent to Graham Crescent, clarified that if this left Council with the impression that
the people of Forest Hills were not opposed to the idea of dumping 4,000 truck loads of
tainted material in their quiet residential area, this was wrong. Mr. Mennier noted the
petition of over 650 names submitted at this Council meeting in opposition to this
dumping; and expressed concern about asbestos and airborne asbestos dust, lead
paint and pipes, PCBs, mice, traffic safety, air quality, water contamination, bacterial
growth, alteration of the land and landscape, scavenging of bricks and other materials
from the proposed site, weight of truck loads, condition of the trucks, road damage,
proximity of the site to the schools and playgrounds, and the lack of sidewalks along
the proposed route. Mr. Mennier advised that Mr. Edwards indicated that he could not
guarantee that the material would not have an adverse effect on the health of the
residents; and asked Council, as the dumping of this material in the Forest Hills area is
unacceptable, to use other more suitable sites which are available and approved in the
City and put the residents' concerns first.
Ms. Shelly Rinehart of 32 Morley Crescent put forth the view that
progress should not take precedence over the health, safety and quality of life of
human beings; and asked, realizing that the old General Hospital building must come
down because it poses a safety hazard, if the City would really be making progress in
moving the hazard to another area of the City, an area that is densely-populated, apart
from being in close proximity to a school. Ms. Rinehart spoke on her concerns relevant
to the lack of input residents of Forest Hills had in the decision to dump the debris in
their area and the rather questionable basis upon which that decision was made, and
the environmental and safety hazards, as well as the health risk, associated with debris
from the old General Hospital, including asbestos; and, as to the general safety issue
given the size and proposed frequency of the trucks hauling the debris, pointed out that
the residents of Forest Hills are not opposed to fill being delivered to enlarge a
subdivision; however, this particular project proposes an almost continuous stream of
trucks due to the urgency of demolition and the resultant speed with which the debris
must be removed, and the streets which constitute the truck route are not equipped
with sidewalks, lights or crossing guards and are the main thoroughfares for
neighbourhood children making their way to and from school and recreational activities.
Ms. Rinehart addressed her concern about the impact of constant trucking activity on
the quality of life, property value and already-problematic air quality in the area.
Mr. Bruce Bursey of 22 Graham Crescent commented on the proposed
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truck route and the effect of the trucks on the roads, as well as on the children and
pedestrians in an area where there are no sidewalks; and asked whose responsibility it
would be to keep the streets clear of debris which might fall from the trucks and to
ensure that trucks are not overloaded, and also the schedule for hauling the fill in that,
while most residents realize that Debly Construction is in the business of constructing
homes in the Graham Crescent area and needs clean, not contaminated, fill to
landscape these homes, the residents do not believe this is unreasonable if done in
moderation. Mr. Bursey expressed concern not only about the issue of dumping
contaminated debris in the area but about the increased truck traffic, the danger to
school children, the destruction of streets and the effect on the quality of life in Forest
Hills.
Ms. Laura VanWart of 21 Beverly Drive spoke on behalf of the parents
and members of the Forest Hills Elementary School Home and School Association on
the primary concern about the safety and welfare of the children in the area who, she
advised, are already exposed on many days to poor air quality and about the dust and
airborne particles coming off the debris since there are no real guarantees that there
will not be airborne asbestos, lead dust, PCBs and other potentially-dangerous
substances in the material from the old General Hospital. Ms. VanWart expressed
concern about the safety of the children relative to truck traffic, as well as her
understanding that the decision to allow the debris to go to the Forest Hills area was
based on a petition which was not only outdated but contained only 14 names of
persons who signed with the belief that there would only be top soil dumped in the
neighbourhood with no mention made of the debris from the old General Hospital; and
asked Council to reconsider the decision in this matter.
Ms. Julie Dingwell of South Bay addressed Council on behalf of the
Coalition For Clean Air in objection to the proposal before Council at this time because
of the potential impact on air quality of an additional 400 trucks in the Forest Hills area
as diesel fuel emissions can negatively impact on people with breathing problems
because of the sulfur, enzyme, carbon monoxide, black soot and particulate they emit
at ground level; and requested that the City lobby the Province to have the law relevant
to vehicle emissions amended so as to make truck owners, rather than the operators,
of vehicles responsible for emissions.
Mrs. Jean Godwin-Norfolk of 55 Morley Crescent read a letter (copies of
which were distributed to Council members at this meeting) from her, James and
Christopher Norfolk, stating their objection to the choice of a residential area of Forest
Hills close to a large elementary school, recreation centre and sports field, as a site for
dumping the results of the demolition of the old General Hospital, due to known health
hazards of materials contained in the old Hospital, including asbestos and PCBs and
the proximity of the proposed site to the area.
Ms. Suzanna Carlson of 49 Harmony Drive voiced her concerns relevant
to substances circulating and for the persons who purchase the property in which fill
from the old General Hospital has been used and not be aware of from where the fill
originated and what it might contain; and expressed the view that the residents of the
Forest Hills area, as one of the City's highest taxed areas, deserve more respect than
to have things that are not guaranteed safe dropped in their area.
Ms. Mary Lydon of 9 Kervin Road concurred with the concerns raised
about asbestos and the possible narcotic contamination from needles and medical
waste, and asked Council to take into consideration the Forest Hills ball field in that she
would think that healthy sports associations would not recommend tournaments of any
kind near anything that is of a health-suspicious nature to their athletes.
Mr. Connor Dempsey of Norris Road appeared before Council and
asked, if Forest Hills is not going to be used as a land dumping site for the debris from
the old General Hospital, where this debris would be put in that, if the debris is placed
elsewhere, presentations to Council would take place from another neighbourhood.
Mr. Totten made the observation that it is unfortunate that there was a
perception that the City administration and staff tried to put something before Council
for adoption without notifying the residents, as there had been a number of
conversations; and, as to allegations of wrongdoing, advised that, in terms of the staff
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involved in this process, he would take exception and categorically deny any
suggestion that staff had any vested interest in this decision. Mr. Totten also advised
that, with respect to future action, staff has been, for the past two or three weeks,
actively involved in pursuing a solution to this situation which involves a number of
parties and legal ramifications, with due consideration for the residents' concerns.
Mr. Edwards summarized the situation with respect to the old General
Hospital from the time the City called a tender for its demolition on September 12, 1995
which included a condition that the contractor must dispose of the demolition material at
a site approved by both the Department of the Environment and the City of Saint John;
and advised that the City, after discussions with the Deblys and the Department of the
Environment and having learned that the Department of the Environment was prepared
to give conditional approval to use the subject site, also gave conditional approval,
following which his office forwarded a letter to the Deblys indicating that the City of
Saint John had no objection to using the property at the end of Graham Crescent as a
land reclamation site, provided they could comply with all conditions set forth by the
Department of the Environment, as well as a condition with respect to building on any
of the fill material; and, while the Department has given conditional approval to use that
property, it his understanding that, to date, the Deblys have not received a certificate
from the Minister of the Environment. Mr. Edwards apprised Council of staff's
discussion with the Galbraith company, prior to a recommendation to Council on the
award of the tender, on a number of things, including asbestos removal, fuel tank
removal from the boiler and chimney and removal of any petroleum products, and
PCBs for which the City prior to calling the tender made arrangements for removal by
The Power Commission of the City of Saint John; and made the observation that,
having reviewed a number of these issues with Council during consideration of the
tender award, he indicated to Council that the disposal site put forth by the contractor
was the Debly property and that, having spoken to Mr. Debly, Mr. Debly had provided to
him a petition which, he understood, to be indicative of the feelings of the community,
and also provided another letter detailing a meeting he had had with the City's Police
Department and a tentative approval from the Department of the Environment and a
plan indicating where he intended to deposit the debris. Mr. Edwards noted his
assurance to Council that he believed there would not be a problem with respect to the
demolition disposal site and, based on the information he gave to Council at that time,
Council awarded the tender to Galbraith Construction; and made the observation that it
was only after the tender award and after it became public that the Forest Hills
residents held a public meeting to voice their concerns, a meeting which he attended
and at which the residents made it very clear that they were not in favour of having the
material deposited in their neighbourhood. Mr. Edwards advised that he could not
guarantee the residents that there would be no asbestos in the loads as, in fact, there
will be some; and that the only guarantee he could give the residents was that,
provided the Deblys have the approval of the Department of the Environment, the City
of Saint John would be monitoring all of the demolition and the disposal in conjunction
with the Department of the Environment, and request that the Police Department be
vigilant with respect to speeding trucks, if that should occur, and to ensure that all
trucks adhere to all traffic rules and regulations; however, that is about all he could
guarantee from the City's perspective. Mr. Edwards also advised that the Deblys
indicated at the meeting that, in any case whether it be with debris from the old General
Hospital or another building or debris from different people, it was their intent to fill the
site and they put forth the argument that perhaps the area would be better served by
delivery of a lot of material over the short term rather than a long term; and further
advised that, since the meeting, City staff has done much work trying to get the
interested parties together and trying to establish alternative sites for the debris and
has asked the Department of the Environment to look at two sites, one being the former
Howe's Lake dump site in the Millidgeville area, the second and more preferred area
being the Forebay area between Midland Transport and the Irving Lube Plant and a
portion of the same property on the other side of the Marsh; and, although the
approvals have not yet been signed by the Minister, it is anticipated that they could be
very shortly. Mr. Edwards commented on a verbal agreement between the contractor
and the Deblys on the basis that the contractor is prepared to take the demolition
material to one of the alternative sites if for some reason either approval is not given by
the Department of the Environment or if the Deblys change their minds and decide not
to take the material to their site; and made the observation that, given the agreement in
place and provided the Department of the Environment is prepared to issue an
approval, at this point his office has no reason not to accept the site as proposed by the
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Deblys and the Galbraiths.
In response to Council queries, Mr. Edward advised that the Deblys have
provided his office with a tentative subdivision plan showing the intended location for
placement of the debris in the Graham Crescent area and explained that this fill
material would be used to develop the rear lots of existing lots in the previously-
approved subdivision in that, while there is enough land at the top of the hill on which to
build homes, homes built as the land currently exists would have no back yards and
this fill material would be used to build up the back yards for subsequent top soil and/or
seeding. Mr. Edwards also advised that it would be his position as Building Inspector,
particularly where there is some concern about the site in question, that he would not
be prepared to allow material to go there until such time as the Department of the
Environment gives its approval.
The Mayor indicated her intent to adjourn the meeting and, upon Mr.
Mennier's indication that he had questions to ask, suggested that he leave his
questions with Mr. Edwards who would address them for him.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that Council entertain
questions from Forest Hills residents prior to adjournment.
Question being taken, the motion was carried with Councillor Knibb
voting "nay".
Mr. Mennier asked, if permission is given for the trucks to start, who
gives the final approval to which Mr. Edwards replied that it would be a cooperative
effort in that, once the Department of the Environment gives its approval, the City would
give its approval as well, following which, once any conditions of the permit have been
met and barring any pre-conditions such as site work and such, the trucks could start
right away. As to what the recourse would be taken should the trucks start without
approval, Mr. Edwards advised that, while his office could issue a stop work order, the
Department of the Environment could get a Ministerial order requiring the owner to stop
work immediately.
Adjournment
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk