Loading...
1996-03-18_Minutes 85-741 COMMON COUNCIL MARCH 18, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of March, AD. 1996, at 4:00 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; P. Woods, Deputy Commissioner of Finance; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; B. Morrison, Director of Parks; J. Baird, Manager- Community Planning; L. Graham, Manager - Data Processing; G. Tait, Fire Chief; A Bodechon, 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on March 11, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary extended best wishes for success to the Saint John Chapter of Mothers Against Drunk Drivers (M.AD.D.), a new chapter of M.AD.D., as well as the only chapter in the Province of New Brunswick. 4. Saint John BuildinQ Bv-Law On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising that, further to Johnson Engineered Solutions Limited's letter to Council on March 4 offering to assist the City in revising the standards contained in Appendix "A" of the Saint John Building By-Law, in addition to amending Appendix "A" it will also be necessary to review and amend the fee structure, definitions and several other sections of the By-Law and, although the offer is a reasonable one, staff feels that addressing only Appendix "A" is not all that is necessary to update the By-Law; and recommending that Common Council thank Johnson Engineered Solutions Limited for its offer and advise that the City will be under-taking a review of the entire Saint John Building By-Law -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 85-742 COMMON COUNCIL MARCH 18, 1996 5. Tender For Computers On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for the supply of personal computers for a six-month period, with an option to extend for an additional six-month period, be awarded to Interactive Computer Systems Ltd., at a cost of $1,899 each (plus taxes). Question being taken, the motion was carried. 6. Maintenance, Street Name Changes And NaminQ Of Unnamed Roadwavs Consideration was given to a report from the City Manager suggesting new street names and street name changes to various areas of the City of Saint John's municipal boundaries to enhance the City's ability to respond to requests for emergency services - fire, police, ambulance and poison control, as part of the City's enhanced 9-1-1 service. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council adopt the following as Official Street Names:- (a) Ketepec Road, presently accessed from Acamac Backland Road is to be renamed Red Bridge Lane; (b) Carleton Place, presently accessed from Riverview Drive, is to be renamed Riverview Place; (c) Copper Lane; (d) Riding Way; and (e) Equestrian Court, as indicated on the submitted maps. Question being taken, the motion was carried. 7. Sale Of 28 Albert Street Read a report from the City Manager advising that Barbara von Richter currently leases land at 28 Albert Street which is occupied by the family home and, to resolve family concerns, a request has been made to purchase the property; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the sale of the property at 28 Albert Street to Barbara von Richter for $3,500 plus GST on condition that: (a) the City pays all costs associated with the transfer of title; (b) the purchaser pays all property taxes; and (c) the purchaser takes title to the property on or before May 31, 1996. Question being taken, the motion was carried. 8. Sale Of 165 Alma Street Read a report from the City Manager advising that, further to Common Council resolution of December 4, 1995 approving the purchase of 165 Alma Street from Ms. Shirley Morrison acting as Power of Attorney for Ms. Doris Melanson and authorizing staff to negotiate for the purchase of the property by Mr. and Mrs. Bates, staff has reached an agreement with the Bates whereby they have agreed to purchase the property for $1 and demolish the building at their expense and the City will pay for the demolition permit; and submitting a recommendation in this regard. 85-743 COMMON COUNCIL MARCH 18, 1996 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the sale of the property located at 165 Alma Street to Carl and Dale Bates for the sum of $1, with the City paying all costs to transfer title including GST and property taxes up to the date of transfer on condition that: (a) the building is to be demolished within 60 days of being given notice to demolish the building; and (b) the building is demolished to the satisfaction of the Building Inspector before title is transferred. Question being taken, the motion was carried. 9. Amendment To September 5, 1995 Council Resolution Re Sale Of 14 HardinQ Street Consideration was given to a report from the City Manager advising that, further to Common Council resolution of September 5, 1995 approving the sale of 14 Harding Street to Mike Cavanagh Homes Inc., the process of incorporating the firm of Mike Cavanagh Homes Inc. has extended beyond the deadline imposed for transfer of title and the solicitor for the Company has requested an extension on the closing date to April 30, 1996; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of September 5, 1995 approving the sale of 14 Harding Street, be amended by substituting, in section 1 (f) thereof, April 30, 1996 in lieu of November 1, 1995. Question being taken, the motion was carried. 10. Amendment To Lease Agreement Property On University Avenue Consideration was given to a report from the City Manager advising that, further to Common Council resolution of October 2, 1995 approving changes to the lease agreement for Parcel "A" behind the Gorman Arena which Rocca Property Management will be using in conjunction with its development at the corner of Millidge and University Avenues, Rocca Property Management has requested a further amendment whereby TDL Group Ltd. would also have the right to exercise Rocca Property Management's option to purchase should Rocca Property Management not exercise that option; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve an amendment to the lease agreement previously approved by Council whereby TDL Group Ltd. will have the same rights to the purchase options available to Rocca Property Management Inc. without any changes to the dates by which Rocca Property Management Inc. or TDL Group Ltd. must notify the City of its intent to exercise its right to purchase. Councillor Vincent questioned the above recommendation on the basis that it appeared that the City would be providing options to two companies at the same time on the same property, and Mr. MacKinnon explained that the option is not being extended to both companies at the same time, but rather that, if Rocca gives up the option to lease or the option to buy, it would be extended to TDL, thus the option would not be lost and TDL would then have the same rights as Rocca had. Councillor Vincent asked if this had been checked as to its legality, and Mr. MacKinnon advised that, as indicated in the above report, the Legal Department had no objection to this recommendation, although he was not aware with whom in the Legal Department this matter had been discussed. Councillor Gould expressed concern that old trees and 85-744 COMMON COUNCIL MARCH 18, 1996 brush on the subject property could become a hazard; and suggested that, having raised the matter on two separate occasions with the Fire Department, staff should take action to clean up the property. Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". 11. Dynamic Construction Corporation Ltd.'s Compensation Request Re Glen Falls Property On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager submitting, further to Dynamic Construction Corporation Ltd.'s requests to Council for compensation by the City for allegedly occupying land the Company owns in Glen Falls, a copy of the City Manager's report to Committee of the Whole, dated October 18, 1988 in response to a previous request for compensation by this Company; advising that staff has reviewed the history of the previous claim and found no basis for accepting Dynamic Construction's claim for rent for the years 1974 to 1996; and recommending that Dynamic Construction Corporation Ltd. be advised that the City has not been using or occupying the Company's land and therefore denies this request for payment of rent for the period 1974 to and including 1996 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 12. Physical Fitness Room Requirements No.2 Fire Station - Loch Lomond Road Consideration was given to a report from the City Manager advising that, further to Council's approval of the construction of two replacement fire stations in 1992 and the endorsement of the Physical Fitness and Wellness in the Workplace Program by including adequate room facilities with sufficient properly-ventilated floor area for the purpose of conducting physical fitness training in the two replacement fire stations, the Program has been implemented as planned with one exception - Fire Station No.2 at the intersection of Loch Lomond Road and McAllister Drive does not have an adequate room with sufficient floor area and proper ventilation to accommodate the already- purchased exercise equipment, nor is it sufficiently designed to enable employees to adequately perform the proper exercise training; also advising that the needs in this regard could be easily achieved with a modest extension of the building to the rear at an estimated cost of $25,000 to $30,000 and, as indicated in the submitted copy of a memorandum from Real Estate & Facility Management to Fire Chief Tait, the funding for two projects approved for the 1996 Capital Program for the Fire Department could be directed to construct a new exercise room at Fire Station No.2; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council continue to support staff in providing a proactive approach to physical fitness and wellness in the workplace by authorizing staff to prepare specifications and call for tenders for a building extension to No.2 Fire Station on Loch Lomond Road to accommodate physical fitness room requirements. Question being taken, the motion was carried. 13. ARMA Final Report - Clean Air StrateQV On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting the final Report of the Saint John-Fundy ARMA Committee, the 85-745 COMMON COUNCIL MARCH 18, 1996 Minister of the Environment in 1995 having announced the formation of the first Air Resources Management Area Committee for New Brunswick in the Saint John-Fundy area with the broad mandate to advise the government in its development of an Air Resource Management Plan (AIRMAP); also advising that the Report consists of 33 recommendations, plus another 19 recommendations that had been submitted previously; and recommending that Common Council write to the Minister to indicate its support of the recommendations and that this report be received and filed -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. City Market The Mayor advised that Habib Kelesi, a City Market tenant, has asked to address Council at this meeting, having been present at the last Council meeting in this regard. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that Habib Kelesi be invited to address Council at this time. Question being taken, the motion was carried. Habib Kelesi, in addressing Council, advised that he has no complaint about the manner in which the City handles the Market; commented on the experience of his involvement in collecting signatures on the petition taken up by the Committee to Save the City Market, as well as the harmony in the City Market compared to that in shopping malls; and asked Council to keep the Market in the right way. 14{a) City Market Consideration was given to a report from the City Manager regarding the City Market, which was the subject of presentations and discussion at Council's last meeting; submitting a copy of a report considered by Council in Committee of the Whole on January 22; and suggesting that four principles should be agreed upon, against which all alternatives or options can be measured when any changes are being contemplated as follows:- (1) ownership of the City Market shall be retained by the City of Saint John, and the Common Council shall remain accountable for preserving the historical and restored areas of the Market; (2) the City Market must be effectively and professionally managed, efficiently operated, and have as an objective the elimination of taxpayer subsidies and a contribution to the costs incurred by the citizens of this community; (3) tenants in the Market and the Tower shall be expected to pay fair market rent for the services they receive and the space and location they occupy; and (4) the rental structure be such that both the tenants and the landlord experience the ups and downs of business activity, to ensure that both have a stake in encouraging business growth and development. The report suggests that, with the adoption of the principles as stated, the administration would undertake to set upon a course of action that would involve preparing a detailed call for proposals that would be aimed at bringing professional management in the area of marketing, leasing, and financing to the Saint John City Market, with the manager to be responsible to Council, through the City Manager, not to a third party; the administration, in cooperation with a professional manager, would initiate the necessary steps required to meet the principle of "efficiently operated", with all costs incurred in operating the Market to be reviewed and recommendations made to Council that would result in a more efficient operation; and the professional manager would be required to bring forth recommendations to Council pertaining to an appropriate rent structure and hours of operation; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council adopt the above-noted principles as those upon which 85-746 COMMON COUNCIL MARCH 18, 1996 the City Market will be owned, managed and operated, and that staff be instructed to initiate the steps necessary to ensure that the Market will be operated and managed in a manner consistent with those principles. Councillor Arthurs, on a point of order, asked if she could put forth a motion at this time as, although it had been her intent to do so prior to the above motion being made, the Mayor did not respond to her light signal. Mayor McAlary acknowledged that she had seen Councillor Arthurs' light signal; and advised that, as she did not have a rule on light signals for motions and it has been the practice to accept verbal motions without a light signal, it would be necessary to deal with the motion on the floor. Mr. Totten reviewed the four principles recommended for managing and operating the City Market, as well as the process that would be followed under the second portion of the recommendation, should Council adopt these principles; and made the observation that staff would be reporting to Council at least twice, and possibly three times, more as the process proceeded. Councillor Vincent advised his intent, should the above motion be defeated, to move a motion (1) to instruct the City Manager to cease efforts on privatization; (2) the City commence an immediate search through the City Manager's office for a Market manager with both technical and expertise capabilities; (3) that the City be in a position to encourage and help, where necessary, in the formation of a tenants association to work with the Market manager; and (4) for the City to find the proper vehicle to release its control over the hours of operation so that, through the City Manager the Market manager and the tenants can have a say over operating hours. Councillor Fitzpatrick suggested that the $5,000 operating loss on the City Market should indicate that some fine-tuning is needed with the Market businesses and the City working together, rather than a significant change as a result of a detailed proposal to contract out the City Market operation, and also the principles should be understood without the need for a formal motion. Councillor Trites suggested that the only semblance of change put forth in the principles would be the fourth one and, as Council should be able to agree on the four principles, the motion could be divided so that Council would first vote on the principles and subsequently on the second portion of the City Manager's recommendation which, if adopted, could very well take the approach suggested by Councillor Vincent; and noted the City Manager's indication that he would be back to Council two or three times in an attempt to make a decision. Councillor Knibb agreed to separate the above motion into two motions, whereupon the Mayor asked that, as there were a number of light signals of Councillors wishing to speak, all Council members be allowed to speak on the motion on the floor and, before the vote, the motion could be changed if desired. Councillor Ball, in questioning the meaning of privatization and the type of management contemplated for the City Market in the above report, advised that he agreed in spirit with the principles put forth and did not agree totally with a status quo situation. Deputy Mayor Chase commended the City Manager for finding the middle ground in this issue, noting the City Solicitor's opinion in this regard under item 15 on the agenda of this meeting. Councillor Brown, referencing item 33 on the Committee of the Whole agenda on this date dealing with budget projections, suggested that, if the City does not start treating the Market as a business, Council will not have to worry about the historical significance of it because it takes money to keep this operation going, the same as with Harbour Station, the Aquatic Centre and Market Square; and, from a heritage point of view, noted changes already made to the City Market in the form of additions to each side of it on the basis that this represented a physical, historical change. Councillor Waldschutz expressed the opinion that the City could run the Market itself under the principles put forth, rather than find someone else to run it; and expressed support for maintaining the status quo. Councillor Gould explained why, in his opinion, any changes that need to be made at the City Market can be done better by Common Council than by bureaucrats from elsewhere, noting the protection for Local 18 employees in the City Market under the collective agreement with Local 18. Mayor McAlary, having noted the disagreement among the City Market tenants on this issue, advised her opposition to hiring another person to manage the Market when the City has a Deputy Market Clerk, and expressed concern about the effect on the Local 18 employees in the City Market being under the authority of someone other than a City staff member, the manner in which the rental structure would be determined and the financial implications of hiring an outside organization to look after the City Market. 85-747 COMMON COUNCIL MARCH 18, 1996 Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Fitzpatrick, Gould, Vincent and Waldschutz voting "nay". On motion of Councillor Arthurs Seconded by Councillor Vincent RESOLVED that the City Manager and staff discontinue negotiations with any outside organizations and/or parties pertaining to the management and responsibility for the City Market. Councillor Trites advised that, as he considered the issue closed with the defeat of the City Manager's recommendation under item 14 above, he considered it offensive to vote in favour of a motion instructing the City Manager to cease and desist from something which he would fully expect him to do as part of his professional ability to carry out his job. Question being taken, the motion was carried with Councillors Ball, Brown, Chase, Knibb and Trites voting "nay". (Councillors Chase and Trites withdrew from the meeting.) 14{b) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter to the City Manager from Uptown Saint John Inc. expressing appreciation to the City for the opportunity to consider the management of the City Market; and expressing the opinion that all options must be examined in determining the future course of the City Market and a decision made after a thorough examination of all factors, taking into consideration the best interests of the tenants as well as the citizens of Saint John -- be received and filed. Question being taken, the motion was carried. 15. ManaQement Of City Market Consideration was given to a report from the City Solicitor referring to the recent discussion of the management of the City Market; and expressing the opinion that there is nothing in statutory legislation or the Charter which requires the management and operation of the Market to be specifically performed by City employees only; and advising that, on the specific question of the management of the Market, it is not appropriate to give an opinion at this time because he should have more information as to what the City intends the management of the Market to include and the operational scope of the management person or group would be. The report explains why in the opinion of the City Solicitor the law requires decisions to be made by Council with respect to leasing or rental arrangements of the Market facilities, and why Council cannot delegate the determination of the hours of the Market to any other person under the present legal structure; however, there is no legal requirement for the policy on hours of operation and the City Market fee structure for leases and rentals to be established by by-law and Council, if it so wishes, may establish a fee structure and hours of operation policy by resolution from time to time, although there are other provisions of the City Market By-Law that can only be effective through enactment of the By-Law; for example, the prohibition of other people selling goods, wares or merchandise in the City Market and the prohibition of dogs in the City Market; and concludes that any change to the present operation that results in the City not being in control of that operation and maintenance may require an amendment to the 1988 agreement between the City, Her Majesty the Queen in Right of Canada and The Market Square Corporation. 85-748 COMMON COUNCIL MARCH 18, 1996 The Mayor noted the letters from the Committee to Save the City Market - Keep it Public expressing the opinion that the City Charter prevents Sunday openings of the City Market; and Bertha Wood-Holt regarding the legal ramifications of structural tampering in any way, shape or form at the City Market which is a historic site (copies of which were distributed to Council members at this meeting). On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above correspondence regarding the City Market be received and filed. (Councillors Chase and Trites re-entered the meeting.) Councillor Vincent asked if the City Manager could be asked, with and through the Legal Department, to look into the steps required to create a position on how the hours could be handled by the structure that would be in existence as a result of Council's action at this meeting to eliminate the necessity of a change of hours at the Market coming before Council; and Mr. Totten advised that, having heard the discussion on the City Market at the March 11 and this meeting of Council, there are issues, in the normal course of events, which would be submitted to Council, such as hours of operation and how to make an easier transition, as well as rates and rentals. Councillor Vincent asked if the City Manager would also submit to Council, without resolution, a proposal respecting the management of the Market by an individual or a group, and the matter of the tenants association whereupon the Mayor asked Council to carry on with discussion on the hours of operation for the City Market, not on the management of the City Market as the management issue was covered under item 14 above. Councillor Vincent, on a point of order, noted that he had introduced four motions which were not accepted under item 14, and the Mayor re-iterated that Council had dealt with item 14 and taken a vote on it, and was now on item 15 with a motion to receive and file. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. 16. Notice Of Intention To Expropriate Parcel "T" - Portion Of Former Shoreline Road Line Near Seaside Park Elizabeth Ritchie. Phvllis Jenns Estates et al Consideration was given to a report from the City Solicitor advising that, further to Common Council resolution of May 29, 1995, the City of Saint John filed with the Expropriations Advisory Officer a Notice of Intention to Expropriate one parcel of land, Parcel "T", which is a portion of the former Shoreline Road Line located near Seaside Park, and, 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 submitting, if Council wished to proceed, the necessary resolution which, upon adoption, would vest the land in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Brown 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 January 25, 1996; 85-749 COMMON COUNCIL MARCH 18, 1996 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 the submitted Schedule "A" and the registering of a Notice of Expropriation of the lands and premises described in the submitted Schedule "A" 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 the submitted Schedule "A"; 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 the submitted Schedule "A" on the date of registration of the Notice of Expropriation." Question being taken, the motion was carried. 17. Notice Of Intention To Expropriate Parcel "U" - Portion Of Former Shoreline Road Line Near Seaside Park Estate Of Frederick E. DeMiII Et AI Consideration was given to a report from the City Solicitor advising that, further to Common Council resolution of November 6, 1995, the City of Saint John filed with the Expropriations Advisory Officer a Notice of Intention to Expropriate one parcel of land, Parcel "U", which is a portion of the former Shoreline Road Line located near Seaside Park, and, 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 submitting, if Council wishes to proceed, the necessary resolution which, upon adoption, would vest the land in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated November 6, 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 January 25, 1996; AND WHEREAS no Notice of Objection to the proposed expropriation was filed 85-750 COMMON COUNCIL MARCH 18, 1996 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 the submitted Schedule "A" and the registering of a Notice of Expropriation of the lands and premises described in the submitted Schedule "A" 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 the submitted Schedule "A"; 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 the submitted Schedule "A" on the date of registration of the Notice of Expropriation." Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) 18. Notice Of Intention To Expropriate Parcels "X" & "Z" - Portion Of Former Shoreline Road Line West Of Sea Street Estates Of Charles A.. Charles D. Everett et al Consideration was given to a report from the City Solicitor advising that, further to Common Council resolution of November 6, 1995, the City of Saint John filed with the Expropriations Advisory Officer a Notice of Intention to Expropriate Parcels "X" and "Z", a portion of the former Shoreline Road Line located west of Sea Street, and, 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 submitting, if Council wishes to proceed, the necessary resolution which, upon adoption, would vest the land in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated November 6, 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 January 26, 1996; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; 85-751 COMMON COUNCIL MARCH 18, 1996 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 the submitted Schedule "A" and the registering of a Notice of Expropriation of the lands and premises described in the submitted Schedule "A" 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 the submitted Schedule "A"; 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 the submitted Schedule "A" on the date of registration of the Notice of Expropriation." (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 19. Notice Of Intention To Expropriate Parcels "Y" & "ZZ" - Portion Of Former Shoreline Road Lime Located Near Sea Street. Estate Of GeorQe F. HardinQ et al Consideration was given to a report from the City Solicitor advising that, further to Common Council resolution of November 6, 1995, the City of Saint John filed with the Expropriations Advisory Officer a Notice of Intention to Expropriate Parcels "Y" and "ZZ", a portion of the former Shoreline Road Line located near Sea Street, and, 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 submitting, if Council wishes to proceed, the necessary resolution which, upon adoption, would vest the land in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated November 6, 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 January 26, 1996; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; 85-752 COMMON COUNCIL MARCH 18, 1996 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 the submitted Schedule "A" and the registering of a Notice of Expropriation of the lands and premises described in the submitted Schedule "A" 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 the submitted Schedule "A"; 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 the submitted Schedule "A" on the date of registration of the Notice of Expropriation." Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 20. Zoning By-Law Text Amendment Amusement Place 319-321 City Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED the by-law entitled, "By-Law Number C.P. 100-397 A Law To Amend The Zoning By-Law Of The City Of Saint John", by: (a) renumbering Section 520(2)(b) as Section 520(b)(i); and (b) adding a new Section 520(2)(b)(ii) to read: "(ii) notwithstanding sub-clause (i), an amusement place may be located at 319-321 City Road (NBGIC #24059).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-397 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 21. Animal Control Bv-Law On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- Law Number M-122 A By-Law Respecting The Control Of Dogs And Cats In The City Of Saint John Made Under The Authority Of Section 96 Of the Municipalities Act", be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Knibb re-iterated his opinion that the fee to license cats should be $5 rather than $10 as proposed. 85-753 COMMON COUNCIL MARCH 18, 1996 The by-law entitled, "By-Law Number M-122 A By-Law Respecting The Control Of Dogs And Cats In The City Of Saint John Made Under The Authority Of Section 96 Of the Municipalities Act", was read in its entirety. (Councillor Trites re-entered the meeting.) Councillor Gould proposed an amendment to the above motion by inserting the figure $5 for each cat in section 3, subsection (b)(iii), and Councillor Ball indicated his intention to second the motion to amend. Mr. Rodgers expressed the opinion that a motion to amend the By-Law, while in order prior to the reading of it by the Common Clerk, was not in order after the reading of the By-Law by the Common Clerk. Question being taken, the motion was carried with Councillors Ball, Gould and Knibb voting "nay". 22. 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 March 11, 1996, when there were 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 extend the deadline for Policy #130 Workforce Adjustment Option - An Abolition of Position/Voluntary Retirement Option, and the associated program, by 3 months to June 30, 1996. March 18, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 22.1. Extension Of Policy #130 Workforce Adjustment Option - Abolition Of PositionNoluntarv Retirement Option 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. 23. Environment Committee 1995 Annual Report On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the 1995 Annual Report of the City of Saint John Environment Committee be received and filed with appreciation. (Councillor Trites withdrew from the meeting.) 85-754 COMMON COUNCIL MARCH 18, 1996 Question being taken, the motion was carried. 24. Solicitor General Jane Barry SprinQ Session Of LeQislature On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Solicitor General Jane Barry submitting recent material from the spring Legislature sitting -- be received and filed. Question being taken, the motion was carried. 25. River Road Concerned Citizens Committee Re Waste ManaQement Facilities On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the River Road Concerned Citizens Committee submitting copies of recent letters to N.B. Environment Minister, The Honourable Vaughn Blaney and to the Fundy Region Solid Waste Commission regarding the proposed waste management facilities at Crane Mountain; and urging Council to discuss the contents of these letters and to act in a manner which will result only in positive impacts for its residential neighbourhoods -- be received and filed. Question being taken, the motion was carried. 26. Barbara Munroe - Water Services On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Barbara Munroe of Ragged Point Road regarding the City's consideration of a proposal to share in the cost of supplying water to Kennebecasis Park in the Village of Renforth; and suggesting that some consideration be given to supplying water lines to the Ragged Point area of the City -- be referred to the City Manager. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 27. Committee To Save The City Market Keep It Public - Follow-Up To March 11 Presentation To Council On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Committee to Save the City Market - Keep it Public, following up on its March 11 presentation to Council; and requesting Council to listen to the 17,636 people who signed the Committee's petition who want the Market to remain a City operation -- be received and filed. Councillor Vincent, in noting that the above letter refers to a tenants association and management of the Market, asked the City Manager to address those two areas in a report to Council with suggestions on management to encompass retail, promotion, merchandising and so on, and the possibility for the development of a City Market tenants association with by-laws for method of appointment, the holding of meetings and its relationship with a Market manager of some type. The Mayor expressed the view that, as Council has dealt with the management issue, the City 85-755 COMMON COUNCIL MARCH 18, 1996 Manager should not be placed in a position of trying to deal again with it, and the Market tenants should be given the opportunity to organize themselves. Question being taken, the motion was carried. 28. The Hardman Group Limited Agents For Market Square Leaseholds Ltd. Canada Dav Celebrations - 1996 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from The Hardman Group Limited as Agents for Market Square Leaseholds Ltd. requesting Common Council's approval for Market Square to be the lead agency in establishing the officially-sanctioned citizens' committee to organize Canada Day activities in Saint John for 1996 and that Common Council appoint a staff person to represent the City in the organization of this event -- be received and Council accept the offer and ask the City Manager to contact The Hardman Group Limited in this regard. Question being taken, the motion was carried. 29. Amendment To Section 39 Conditions Re-ZoninQ Of 25-29 Golden Grove Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Peter C. Bardsley for an amendment to the Section 39 conditions of re-zoning of 25-29 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 22, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk