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1999-03-15_Minutes 87 -404 COMMON COUNCIL MARCH 15, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of March, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; C. Cogswell, Chief of Police; and Mrs. M. Munford, Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and expressed condolences to the family and friends of Most Reverend Arthur J. Gilbert, retired Roman Catholic Bishop of Saint John, who passed away on March 14, 1999 in Oromocto. Reverend Bob Freill of the Roman Catholic Diocese of Saint John, offered the opening prayer. Mayor McAlary presented a plaque to Wayne Moore of Moore Homes in recognition of his company achieving the Canadian Home Builders Association R-2000 Builder of the Year Award for his contribution to the advancement of quality housing through the R-2000 Home Program. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on March 8, 1999, be approved. Question being taken, the motion was carried. 3. Street Closing By-law Amendment Market Square (Public Street) The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Market Square (public street), and 3{a) a letter of opposition was received from Eric L. Teed, suggesting that the proposed closing of the portion of Market Square as a highway which may not exist be deferred until a full report on the legality and effect of such can be obtained and in fact the application should be terminated until full details of the proposed use are made clear; and summarizing that he opposes the proposed closing as (a) the requirement of public notice has not been fulfilled in compliance with the City by-law; (b) the area is not a public highway; and (c) the area is part of a public square and cannot be used for any form of development. Peter G. Murray, a City appointee to the Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John), appeared in support of the proposed street closing, which he noted is to facilitate the possible construction of an Imax Theatre; advised that Enterprise Saint John has been involved in this project on and off during the past two years; cited the tourism benefits in having such a facility located in Saint John; and stated that Saint John is now in competition with other cities for this facility. Mr. Murray stated he understands that if approval is given, it is planned to have the theatre opened before the end of this year, and advised of Provincial projections for tourism in the Saint John area. 87 -405 COMMON COUNCIL MARCH 15, 1999 Tony R. Rickett, owner of the former Bank of Canada building on Prince William Street, the proposed site of the theatre project, stated he has been involved in the Imax project for the past two years, which will become a reality before the millenium; noted the key issue of timing as they have a timeline to start construction in April or May for a planned opening in December. Mayor McAlary noted that Council is only considering the proposed street closing at this time and Mr. Rickett confirmed that once the plans and feasibility study are completed, hopefully within the next couple of weeks, they will be submitted to City Hall for approval. Mr. Rickett noted that the property which is the subject of the proposed street closing is in fact a bus lay-by and is not used as a public street per se; advised of discussion with the General Manager of the Saint John Transit Commission regarding the remaining property to be used for buses, and that he will also be working with City staff in this regard; and as this location is the proposed entrance to the Imax Theatre it is planned to make it prestigious. Mr. Rickett responded to questions in the above regard during which time he advised that the bus stop will remain as at present although it may be revitalized and that they require 73 feet of the layby area for the project, which would leave over 20 feet of the present area; that the project involves a 271-seat theatre which requires a large lobby area; that the project architects have engaged the services of two local architects, who will work to enhance the exterior of the new construction to blend with the present building; that it is proposed that the loading and unloading of buses will be on Water Street, with the main entrance for pedestrian traffic to be off Prince William Street; outlined the plan whereby the existing parking structure adjacent to the former Bank of Canada building will house the theatre screen, with a new addition on top of the present structure which will extend out over the layby to the present grassed area, to be utilized as the theatre lobby, and suggested that sufficient parking is available for this project. Mr. Totten clarified that while the proposed street closing was initiated at the request of those involved in the Imax Theatre development, it is strictly a street closing and if closed, the area may still be used as a layby for years to come, and that during any future negotiations for the property in question, details of the project will bErequired; and also clarified that the bus layby as at present, consisting of two lanes, would be included in the project. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to Market Square, be read a first time. Mayor McAlary suggested that first and second readings could be given to the by-law amendment, with further information on the development to be submitted to Council prior to third reading. Mr. Totten noted that, in theory, a development plan for the property has not been received and will be the subject of future negotiations, and stated that the question of whether the area is in fact a public street has been discussed with Mr. Rickett and information in this regard will be forwarded to him. Mr. Nugent reiterated the City Manager's statement that a street closing procedure is only the first step and that the whole purpose would be to eventually have Council resolve to pass some interest in this land to the owners of the former Bank of Canada building; that one of the issues raised in the letter of objection from Mr. Teed is that the area in question is part of the area known as the market place on the east side of the Harbour, which designation is found in the City's Charter, which also states that any conveyance of that land is void, which is to say that if this Council, or any Council, resolved to convey a portion of the area which in the Charter is defined to be the market place on the east side of the Harbour, that conveyance is a nullity as Common Council does not have the capacity to convey it. He stated that, if following a street closing procedure, it is a fact that the area is the market place, at worst the by-law amendment would be a nullity and ineffective; referenced his opinion to Council that he believes the area in question is part of the market place on the east side of the Harbour and advised of the extensive examination of legislative and archival records to arrive at the opinion that the area is likely part of the market place, however, no evidence has been found that determinatively defines the said market place; that as someone else could have a contrary opinion, he suggested that the information be made available to the property owner to draw their own conclusions; if the owner is satisfied it is not part of the market place and is prepared to accept a conveyance from the City, he is further recommending to Council that the conveyance would be on condition that they indemnify and release the City from any 87-406 COMMON COUNCIL MARCH 15, 1999 subsequent claims they might have with respect to the future use by them or anyone else of the property; and stated that if following third reading to the amendment it is determined that the area in question is part of the market place, such street closing would be ineffective. Councillor Titus stated that based on the City Solicitor's opinion he does not believe the City can or should convey the property. Mr. Nugent advised that no evidence has determined that the area in question ever had a building located on it, except for a market building in the centre of the area at the foot of King Street; and referenced a petition from Council to the Legislature not long after the City was incorporated, to reduce the size of the area designated as a market place lying on the east side of the Harbour, for the purpose of allowing additional corporation lots to be created, which petition was never effected by the Legislature. Mayor McAlary agreed that further information on the questions raised at this meeting should be provided to Council prior to consideration of third reading. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to Market Square, be read a second time. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". * Added Item On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that item 26 on the Committee of the Whole agenda of this date, being the City Solicitor's report on the proposed closing of a portion of Market Square, be added to the agenda for consideration at this meeting. 26. Proposed Street Closing Portion Of Market Square Consideration was given to a report from the City Solicitor referring to Common Council resolution of February 15, 1999 authorizing the publication of notice of Council's intention to consider stopping up and closing a portion of Market Square, so- called, the City Manager having informed Committee of the Whole prior to that of the prospect of an IMAX theatre development and the possibility of the area to be considered for closing being necessary for that development, with Committee also having received a copy of correspondence from Lynda Farrell of the Legal Department respecting the status of the area in question; and expressing the opinion, after considering the results of an extensive investigation of the Charter, other legislation and archival records, that the area in question is probably part of the market place on the east side of the harbour referred to in the Charter. The report states that the investigation did not determine with certainty the location of the market place in question and the legal status of this area is from a practical perspective of paramount concern to whomever would seek a conveyance of the area from the City; and recommends that (1) the information obtained be made available in a timely fashion to those who have requested that the area be conveyed; and (2) if they are satisfied that the City has the capability to convey this land, any conveyance be conditional upon the purchasers providing the City with written indemnification and release of any claims, damages, etc. which might arise from the sale and subsequent use of this land. 87-407 COMMON COUNCIL MARCH 15, 1999 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 4. Mavor's Remarks Mayor McAlary proclaimed March 21 as International Day for the Elimination of Racial Discrimination in the City of Saint John, and noted the forthcoming St. Patrick's Week events. Councillor Fitzpatrick, referring to a newspaper article in the Telegraph- Journal on Saturday, March 15 which stated that Atlantic Canadian cities are among the most competitive in G7 countries based on a study conducted by KPMG on behalf of thirty-five sponsors, including the Federal Government, of comparative business costs in North America, Europe and Japan, noted that Saint John was not included in the study as only one city in each Province in Atlantic Canada was chosen, and suggested that steps should be taken to ensure that Saint John is included in, or that the City consider becoming a sponsor of, any such future studies. (Deputy Mayor Chase withdrew from the meeting). 5. Re City Hall Consideration was given to a letter from Councillor Fitzpatrick advising that he would like the opportunity to discuss with Council the future premises/site of City Hall in light of recent land transactions/acquisitions and the generated interests in various sites throughout the City, and that he feels it is imperative to give staff direction to look at City-owned properties, such as the Red Rose Tea building which would be an excellent site for a new City Hall. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above letter be referred to the City Manager for a report. (Councillor Trites withdrew from the meeting). Question being taken, the motion was carried. 6. Re Simonds Arena Read a letter from Councillor Fitzpatrick advising that he would like the opportunity to discuss the Simonds Arena with Council with a view to directing staff to come back as soon as possible with a report giving Council a cost breakdown of required repairs in that he feels the Arena is an important asset that can no longer be allowed to deteriorate. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above letter be referred to the City Manager for a report. (Councillor Trites re-entered the meeting). Question being taken, the motion was carried. 87-408 COMMON COUNCIL MARCH 15, 1999 7. Cancellation And Rescheduling Of Public Hearings - Municipal Plan Amendments And Re-zoninQs Consideration was given to a report from the City Manager referring to the six public hearings scheduled for this meeting on the basis that, as the Planning Advisory Committee was not in a position to provide recommendations to Common Council at this time as it could not meet due to a lack of quorum and no alternative meeting date could be scheduled, in accordance with the policy of Council cancellation of the March 15, 1999 public hearings and setting of new public hearings was required, and the earliest date would be Monday, April 19, 1999. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the public hearings of the proposed Municipal Plan and Zoning By-law amendments scheduled for March 15, 1999 Common Council meeting be cancelled as follows: (1) a proposed Municipal Plan amendment to amend Parts Two and Nine, as requested by the City of Saint John; (2) a proposed Municipal Plan and Zoning By-law amendment regarding property at 945 Old Black River Road, as requested by East Side Welding (1994) Ltd.; and proposed Zoning By-law amendments to re-zone property at (3) 120 McDonald Street, as requested by Pizzano's Pizza; (4) 1022 Millidge Avenue, as requested by Sandra L. Bell McKenney and Brian McKenney; (5) 33 Magazine Street, as requested by the Carleton Congregation of Jehovah's Witnesses; and (6) an amendment to the Section 39 conditions of re-zoning of property at 1922 Manawagonish Road, as requested by Doug McCaig and Austin Sleigh, and further that the necessary advertising be authorized for the above-proposed By-law amendments, with the public hearings to be held on Monday, April 19, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 8. Use Of Stockford Memorial Fund Read a report from the City Manager referring to the Stockford Memorial Fund, established in December 28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston, Massachusetts, such amount to be invested and the annual income to be used for the upkeep and maintenance of King's Square; and recommending accessing of this fund to purchase an attachment for a piece of maintenance equipment for the Uptown area of the City. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the above matter be referred to the City Solicitor for a report. The initial motion proposed by Councillor Fitzpatrick, and seconded by Councillor White, was to adopt the recommendation of the City Manager, however, upon Mr. Nugent asking that the matter be referred to him for an opinion to ensure that the expenditure would be consistent with the terms under which the funds are held by the City, the motion was changed accordingly. Question being taken, the motion was carried. 9. Re 31 Golden Grove Road On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager further to Council's referral on March 1, 1999 of a Planning Advisory Committee recommendation to consider acquiring the property located at 31 Golden Grove Road, advising that Real Estate and Property management contacted the owner to inquire about the possible sale of this property and the owner indicated that he would be prepared to sell the parcel to the City for a price of $76,000, and that staff cannot support the purchase of this property at that price -- be received and filed. 87-409 COMMON COUNCIL MARCH 15, 1999 Question being taken, the motion was carried. 10. HIP Applications #82. #83. #84 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Applications: HIP #82 - Spectrum Enterprises Ltd. for an estimated grant of $224,000 for a development on Boars Head Road; HIP #83 - B.C.G. Holdings Inc. for an estimated grant of $35,200 for a development in Monte Cristo Park; and HIP #84 - Joanne Batten and Jim McAllister for an estimated grant of $38,400 for a development on Thornborough and Anglin Drive. Question being taken, the motion was carried. 11. Museum At Carleton Community Centre Read a report from the City Manager in response to the December 21, 1998 request of the Carleton Community Centre Museum Committee for permission to utilize the basement area of the Carleton Community Centre as a permanent museum to display artifacts with a relationship to the building and to Saint John West; advising that, for its first phase, the Committee wishes to focus its effort on the former Police Lock-up area which is currently vacant and for which there are no plans to use for Community Centre programming, and the Committee is not requesting any monetary assistance from the City but has formed a partnership with both the John Howard Society and the West Side Days Committee to apply for a Youth Service Canada Program grant; and setting out a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) support the initiative of the Carleton Community Centre Museum Committee and authorize staff to negotiate with the committee an agreement to be approved by Common Council for the use and occupation as a museum, of the former Police Lock-up area in the Carleton Community Centre; (2) advise the Carleton Community Centre Museum Committee that the Committee is responsible to obtain any necessary building and occupancy permits relative to the refurbishing of the former Police Lock-up area as a museum, prior to occupying the area; (3) authorize staff to coordinate use of the Centre so that the project team has space for training; and (4) authorize staff to provide a letter to Human Resources Development Canada in support of this project. Question being taken, the motion was carried. (Deputy Mayor Chase re-entered the meeting). 12. Amendment To February 2,1998 Council Resolution Re Sale Of Lot A. Osborne Avenue Read a report from the City Manager referring to Common Council resolution of February 2, 1998 authorizing the sale of Lot A, Osborne Avenue to Mike Cavanagh Homes Inc., such sale to close on or before March 31, 1999; advising that, at the time of negotiating the sale, staff was unaware that Charles Dunlop, owner of 20 and 22 Millidge Street, used a portion of Lot A for access to his property and further investigation revealed that Mr. Dunlop has encroached upon Lot A for parking purposes and has also constructed a stairway over a small portion of the site and, although Mr. Dunlop's properties front on Millidge Street, vehicle access to his property is only possible by way of Osborne Avenue; and setting out an appropriate recommendation for Council's consideration. 87-410 COMMON COUNCIL MARCH 15, 1999 On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council resolution of February 2, 1998 pertaining to the sale of Lot A, Osborne Avenue, be amended to read as follows: "RESOLVED that as recommended by the City Manager, Common Council authorize the sale of Lot A-1, Osborne Avenue (as generally shown on the submitted plan) to Mike Cavanagh Homes Inc. for the purchase price of $15,000 plus HST and applicable land transfer fees, with a closing date of one or before April 30, 1999; and that, prior to closing, Mike Cavanagh Homes Inc. is to provide the City's Chief Engineer with an acceptable preliminary engineering design for a new access onto Lot A-1 (if applicable), and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. "; and further that (2) Common Council authorize the preparation and filing of a subdivision plan for the purpose of defining the proposed Lot A-1 (as referenced above) and the creation of Lot C; and (3) Common Council authorize commencement of negotiations with Charles Dunlop for the sale of Lot C, Osborne Avenue. (Councillor Vincent withdrew from the meeting). Question being taken, the motion was carried. 13. Street Name ChanQes On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council adopt the following as official street names: (a) Cardinal Lane to replace Threesome Lane; and (b) a portion of Parks Street Extension be renamed to Parkwood Avenue, as illustrated on the submitted plans. Question being taken, the motion was carried. 14. Payment For Legal Services In Appeal Re Fish & Game Action Read a letter from the City Solicitor advising that it was now in order for Council to authorize the payment of the submitted account of Patterson Palmer Hunt and Murphy for legal services provided in connection with the appeal in the Fish & Game action. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that payment be authorized of the submitted statement of account of Patterson Palmer Hunt Murphy, in the amount of $6,245.71, for legal services in the appeal of The City of Saint John and Saint John Horticultural Association v. New Brunswick Fish & Game Protective Association (Saint John Branch) Inc. Question being taken, the motion was carried. 15. Amendments To Flood Risk Area Bv-Iaw Consideration was given to a report from the City Solicitor setting out proposed amendments to the Flood Risk Area By-law, further to Council's direction for an amendment to the By-law which would allow the Building Inspector to accept a sum of money from a developer in lieu of compensatory storage when such storage is not practical or possible, advising that the Community Planning Act does not permit the amendment as according to the Act only Council is able to accept money for compensatory flood water storage capacity and only within the relatively narrow circumstances identified in the Act, such latter issue having been addressed in correspondence to Council dated February 19, 1999; however, in the course of examining the By-law and its enabling legislation, a number of provisions were identified which would benefit from amendment which deal with the following matters: (1) recognizing that development may occur in a flood risk area provided that the development occurs without reducing the flood water storage capacity of the area; (2) 87-411 COMMON COUNCIL MARCH 15, 1999 the deletion of superfluous provisions as well as those rendered unnecessary as a consequence of other amendments; (3) the correct and accurate designation of municipal officials within the By-law; and (4) miscellaneous matters; and recommending that Council give first and second readings to the submitted proposed amendments to the Flood Risk Area By-law, and request the written views of the Planning Advisory Committee. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law to amend the City of Saint John Flood Risk Area By-Law, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City of Saint John Flood Risk Area By-Law. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law to amend the City of Saint John Flood Risk Area By-Law, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City of Saint John Flood Risk Area By-Law. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the written views of the Planning Advisory Committee be requested on the above-proposed amendments to the City Saint John Flood Risk Area By-Law. Question being taken, the motion was carried. 16. 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 Monday, February 15, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That the Freedom of the City be conferred on Dr. Frederick Joseph Ross, R.C.A. in recognition of his significant contribution to the City of Saint John and the arts community. March 15, 1999, Saint John, N. B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 87-412 COMMON COUNCIL MARCH 15, 1999 16.1. Dr. Frederick Joseph Ross, R.C.A. Freedom Of The City Conferment On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the above report be received and filed and the recommendation therein be adopted. Mayor McAlary advised that Dr. Ross would be honoured by the City at a ceremony to be held in May 1999. Question being taken, the motion was carried. 17. 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 Monday, March 8, 1999, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That the letter from the Saint John Board of Police Commissioners requesting that the City of Saint John provide bridge financing to the Saint John Police Force in the amount of $20,000 to cover expenses related to hosting the Year 2000 Canadian Association of Chiefs of Police Conference, such amount to be repaid from the proceeds of the convention -- be received and filed and the request be granted, such amount to be taken from the Police budget if necessary. 2. That Council authorize the appointment of Patrick Woods, Deputy City Manager, and John Mcintyre, Manager, Human Resources, to the negotiating team representing the Saint John Board of Police Commissioners and the Saint John Police Force in the negotiations with Local 61, Saint John Police Protective Association, anticipated to commence in September 1999. 3. That it is the policy of the City of Saint John that Common Council shall appoint only residents of the City to commissions, boards or other organizations. March 15, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17.1. Year 2000 Canadian Association Of Chiefs Of Police - BridQe FinancinQ On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 87-413 COMMON COUNCIL MARCH 15, 1999 17.2. Re Appointments To Negotiating Team - Police Commission I Saint John Police Force On motion of Councillor Court Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. Councillor Titus expressed concern with the possible secondment of Mr. Woods to the Province, of which Council has been apprised, as he would prefer to have a person on the negotiating committee from the beginning, and therefore he will not be supporting the motion. Question being taken, the motion was carried with Councillor Titus voting "nay". 17.3. Policy Re Appointments To Commissions Commissions. Boards Or Other OrQanizations On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that section 3 of the above report be adopted. (Rescinded October 12, 1999 Bk 87 pg 716 ) Question being taken, the motion was carried. 18. Board Of Police Commissioners Annual Election Of Officers On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its election on March 2, 1999 of Edward W. Keyes, Chairman, Gerry Puczko, Vice Chairman, and Lloyd Betts, Secretary -- be received and filed. Question being taken, the motion was carried. 19. Board Of Police Commissioners Re 1998 Annual Report On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Board of Police Commissioners advising of the delay of its 1998 Annual Report, which Council has requested to receive by February 28 of each year, due to the implementation of a new financial management system by the City of Saint John, and that this report will be forwarded to Common Council as soon as possible -- be received and filed. Mr. Beckett advised that the above delay did not result from the new financial management system as the City has never been in a position to produce data on the previous year by the end of February and the audit is not completed until April, with the audited financial statements being submitted to Council in May, and therefore he feels there is a need to review the timing given to the Board of Police Commissioners to report such information to Council. (Councillor Vincent re-entered the meeting). Question being taken, the motion was carried. 87-414 COMMON COUNCIL MARCH 15, 1999 20.Dante Foriere - Re-Zoning 31 Golden Grove Road On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the application of Dante Foriere for the re-zoning of property at 31 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, May 10, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor White RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk