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1999-03-22_Minutes 87-415 COMMON COUNCIL MARCH 22, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second 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; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; G. Tait, Fire Chief; C. Cogswell, Chief of Police; A Poffenroth, By-Law Enforcement Officer; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Secretary. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and Reverend David Warren of the Saint John Foursquare Gospel Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on March 15, 1999, be approved. Question being taken, the motion was carried. Mayor McAlary welcomed District Commander Wally McKiel and a delegation from the Saint John District Royal Canadian Legion to the Council Chamber. District Commander Wally McKiel presented a new replica of the original City guest book to the Mayor. Mayor McAlary expressed appreciation to Mr. McKiel for the gift and all the Legion members for their support on behalf of the City. * Added Items On motion of Councillor Vincent Seconded by Councillor Chase RESOLVED that the minutes of Fundy Region Solid Waste Commission meeting, October 22, 1998, copies of which had been forwarded to the Council members as an information item, be added to the agenda as item 6A Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that a motion considered in Legal Session earlier this date regarding enforcement of the judgement against New Brunswick Fish & Game Association (Saint John Branch) Inc., be added to the agenda as item 11A Question being taken, the motion was carried. 87-416 COMMON COUNCIL MARCH 22, 1999 6. Mayor's Remarks Mayor McAlary advised a campaign has been undertaken, through the media as well as a "City of Saint John Roadway Hot line" to handle calls concerning potholes and encouraged all citizens to call the Hot Line number to report any potholes. *6A. Fundy Region Solid Waste Commission Minutes of meetinQ - October 22. 1998 Councillor Vincent referred to the minutes for the Fundy Region Solid Waste Commission meeting of October 22, 1998 noting Item 11 (a) being a letter dated June 1, 1998 from the Province of NB concerning modifications to Solid Waste Commission Boundary - Hampstead Parish; regarding proposed changes in the outer boundary of the Fundy Region area known as Hampstead Parish, comprised of approximately 125 households, being taken from the Fundy Region and added to the Fredericton Solid Waste Commission, resulting in a loss of revenue in the amount of $8,000 to $9,000 per year; the reason for such change being administrative; Councillor Chase, a member of the Commission, advised the Commission's motion opposing this removal was defeated and the loss of revenue is reflected in the operating budget for the Commission. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the minutes of the meeting of Fundy Region Solid Waste Commission meeting, held on October 22, 1998 -- be received and filed. Question being taken, the motion was carried. 3. Re Dangerous and Unsightly Building at 148-150 Victoria Street 3{a) Notice had been given to Gambit Holdings & Development Ltd., and Bayview Credit Union Limited, and any other person it may concern, to appear to show cause, if any, why Common Council should not find the building at 148-150 Victoria Street to be in a dangerous and unsightly condition and also require Gambit Holdings & Development Ltd. to remedy the condition, by either demolishing the building and removing the debris or by carrying out the work set out in the submitted inspection report. 3{b) Consideration was given to a report from the City Manager advising that the three storey wood frame building, being a house, located at 148-150 Victoria Street (NBGIC Number 376541), is owned by Gambit Holdings & Development Ltd., with the sole officer of the company being Bonnie Deering, and Building Inspection records indicate that the building has been vacant for more than three years following a fire in September of 1995, having deteriorated over the years to a point where it is dangerous to the public; and also advising that debris litters the side and rear yards. The report states that the unsightly condition of the property, as well as the structural problems associated with the building result in potential danger to neighbours and children in the immediate vicinity as well as any transients; refers to the submitted inspection report prepared by Building Inspector William Edwards and By-law Enforcement Officer, Amy Poffenroth which sets out the particulars of the condition of the building; and recommends adoption of the submitted resolutions in this regard. Copies of a letter submitted this date by the property owner, requesting Council to consider extending the order until June 30, 1999 at which time an application will be made for demolition of 148-150 Victoria Street, had been distributed to the Council members. Mr. Edwards, through a slide and overhead presentation explained the condition of the building at 148-150 Victoria Street; and referring to the submitted photographs commented on its condition as described in the above correspondence; noting the structure has continued to deteriorate since a fire in 1995 with no repairs being made by the property owner. Mr. Edwards expressed the view that the building 87-417 COMMON COUNCIL MARCH 22, 1999 should be demolished and recommended that the resolutions included in the above report be adopted with the following amendments: delete "and was attached to the aforesaid deed" in the first paragraph of the resolution; and in the fifth paragraph of the resolution add "and, (f) a letter dated March 19, 1999 from Bonnie Deering, President, Gambit Holdings & Development Ltd.". In response to questions, Mr. Edwards advised the demolition would cost $5,000-$6,500 and would not take place until the end of June if the resolution is adopted at this meeting. It was also suggested the tolerance level by the Building Inspection Department should be lowered in order to expedite the process with properties in this condition. No representative from Gambit Holdings & Development Ltd. was present at the meeting. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the following resolution be adopted, namely: WHEREAS the freehold title to the parcel of land (herein called "the Gambit property") which is located at 148-150 Victoria Street in the City of Saint John, N.B., was conveyed to Gambit Holdings & Development Ltd. by Patrick G. and Helen M. Buckley by a deed which was dated February 27,1995, and was registered on March 2, 1995, in the Saint John County Registry Office in Book 1757 as Number 399043 beginning at page 103. The said parcel of land is more particularly described in the submitted schedule "A" which is attached hereto, and is identified as parcel 376541 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which was submitted as schedule "B", and shown on the plan that was submitted as schedule "C"; AND WHEREAS the Gambit property is located in an area mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there is located on the Gambit property a 3 storey building (herein called "the Gambit building") that is shown on the submitted schedule "D". The Gambit building has, as the result of being vacant for more than 3 years and as a result of a fire which occurred in September of 1995, become dilapidated or deteriorated so as to be in a dangerous and unsightly condition. The condition of the Gambit building is shown on the submitted schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., and William Edwards, P.Eng., which is dated December 8, 1998, and was submitted as schedule "F". The cracks in the foundation and the sloping and/or heaving of the floors and stairways are indications that the building has structural problems. Holes in the roof contribute to the continued deterioration of the building. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the Gambit building to carry out their duties. The Gambit building and property is in an unsightly condition because of deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, fascia boards and debris in the rear and side yards. AND WHEREAS, after having considered (a) the submitted inspection report of Amy Poffenroth, BScE., and William Edwards, P.Eng., which is dated January 20, 1999, (b) the report from the City Manager and others which was dated March 17, 1999, (c) the submitted letter from Thomas White, Fire Prevention & Investigation, Saint John Fire Department, (d) the submitted report of Brian Fillmore, Assistance Deputy Chief, Support Services Division, Saint John Police Force, (e) the oral report of Mr. William Edwards, P.Eng. the Building Inspector of The City of Saint John, and (f) a letter dated March 19, 1999 from Bonnie Deering, President, Gambit Holdings & Development Ltd., we find that the Gambit building is in a dangerous and unsightly condition: BE IT RESOLVED that Gambit Holdings & Development Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is served upon it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Gambit building by either demolishing it and removing the debris or by carrying out the work which is set out in Mr. Edward's and Ms. Poffenroth's report and is applicable to the Gambit property: 87-418 COMMON COUNCIL MARCH 22, 1999 BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Gambit Holdings & Development Ltd., in accordance with section 190(4), a notice which requires it to, within 15 days of being served, remedy the dangerous and unsightly condition of the Gambit building by either demolishing it and removing the debris or by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event that Gambit Holdings & Development Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require Gambit Holdings & Development Ltd. to either demolish the Gambit building and remove the debris or carry out the aforesaid work within 15 days or such further time as the Court Deems appropriate, and would (b) authorize The City of Saint John to cause the Gambit building to be demolished and the debris to be removed at the expense of Gambit Holdings & Development Ltd. in the event that it does not comply with the Order. Question being taken, the motion was carried. 4. Re Dangerous and Unsightly BuildinQ at 75 Durham Street 4{a) Notice had been given to Gambit Holdings & Development Ltd., The Royal Bank of Canada, 503179 N.B. Ltd., Bayview Credit Union Limited, and any other person it may concern, to appear to show cause, if any, why Common Council should not find the two-storey Durham Street portion of the building at 75 Durham Street to be in a dangerous and unsightly condition and also require Gambit Holdings & Development Ltd. to remedy the condition by either demolishing the two-storey Durham Street portion of the building and removing the debris or by carrying out the work set out in the submitted inspection report. 4{b) Consideration was given to a report from the City Manager advising that the building is a large structure which is divided into two parts by a common wall and has two civic addresses; one part (civic address 158 Victoria Street) is three storeys high with its main entrance on Victoria Street; the other part (civic address 75 Durham Street) is two storeys high with its main entrance on Durham Street; is owned by Gambit Holdings & Development Ltd., with the sole officer of the company being Bonnie Deering, and Building Inspection records indicate that 75 Durham Street has been vacant since it was severely fire damaged in October 1998, having deteriorated over the years to a point where it is dangerous to the public; and also advising that the property is littered with debris. The report states that the unsightly condition of the property, as well as the structural problems associated with the building, result in potential danger to neighbours and children in the immediate vicinity as well as any transients; refers to the submitted inspection reports prepared by Amy Poffenroth, By-law Enforcement Officer, which sets out the particulars of the condition of the building; and recommends adoption of the submitted resolutions in this regard. Copies of a letter submitted this date by the property owner, requesting Council to consider extending the order until June 30, 1999 at which time an application would be made for a permit to either repair or demolish 75 Durham Street depending on the outcome of an insurance settlement, had been distributed to the Council members. Mr. Edwards, through a slide and overhead presentation explained the condition of the building at 75 Durham Street; and referring to the submitted photographs commented on its condition as described in the above correspondence; noting the structure has shifted; a court order was issued against the previous owner in January 1992; and the building was severely damaged by fire in 1998. Mr. Edwards expressed the view that the building should be demolished and recommended that the resolutions included in the above report be adopted with the following amendment; in the fifth paragraph of the resolution add "and, (f) a letter dated March 19, 1999 from Bonnie Deering, President, Gambit Holdings & Development Ltd. During discussion it was noted two families reside at 158 Victoria Street which has a common wall with 75 Durham Street. No representative from Gambit Holdings & Development Ltd. was present at the meeting. 87-419 COMMON COUNCIL MARCH 22, 1999 On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the following resolution be adopted, namely: WHEREAS the freehold title to the parcel of land (herein called "the Gambit property") which is located at the corner of the south side of Victoria Street and the west side of Durham Street in the City of Saint John, N.B., was conveyed to Gambit Holdings & Development Ltd. by Michael G. McLeod by a deed which was dated March 23, 1994, and was registered on April 5, 1994, in the Saint John County Registry Office in Book 1702 as Number 392700 at pages 147-156. The said parcel of land is more particularly described in the submitted schedule "A", and is identified as parcel 376566 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which was submitted as schedule "B", and is shown on the plan that was submitted as schedule "C"; AND WHEREAS the Gambit property is located in an area mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there is located on the Gambit property a large building (herein called "the Gambit building") which is divided into two parts by a common wall and is shown on the submitted schedule "D". One part is three storeys high and is approximately 62 feet long and has its main entrance on Victoria Street. The other part, which is herein referred to as "the two-storey Durham Street portion of the Gambit building, is two storeys high and is approximately 39 feet long and has its entrance on Durham Street. The two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition, as a result of deterioration and/or dilapidation, and as a result of suffering severe fire damage in October 1998. The condition of the two storey Durham Street portion of the Gambit building is shown on the submitted schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., which is dated January 20, 1999, and was submitted as schedule "F". The building is leaning and there are several other indications of structural problems. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the two storey Durham Street portion of the building to carry out their duties. The building is unsightly because of holes in its exterior walls and deteriorated or missing shingles, downspouts, flashing, corner boards and fascia boards. AND WHEREAS, after having considered (a) the submitted inspection report of Amy Poffenroth, BScE., which is dated January 20, 1999, (b) the report from the City Manager and others which was dated March 17, 1999, (c) the submitted letter from Thomas White, Fire Prevention & Investigation, Saint John Fire Department, (d) the submitted report of Brian Fillmore, Assistance Deputy Chief, Support Services Division, Saint John Police Force, (e) the oral report of Mr. William Edwards, P.Eng., the Building Inspector of The City of Saint John, and (f) a letter dated March 19, 1999 from Bonnie Deering, President, Gambit Holdings & Development Ltd., we find that the two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition: BE IT RESOLVED that Gambit Holdings & Development Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is served upon it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building by either demolishing it and removing the debris or by carrying out the work which is set out in Ms. Poffenroth's report and is applicable to the Gambit property: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Gambit Holdings & Development Ltd., in accordance with section 190(4), a notice which requires it to, within 15 days of being served, remedy the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building by either demolishing it and removing the debris or by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event that Gambit Holdings & Development Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an 87 -420 COMMON COUNCIL MARCH 22, 1999 Order which would (a) require Gambit Holdings & Development Ltd. to either demolish the two storey Durham Street portion of the Gambit building and remove the debris or carry out the aforesaid work within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the two storey Durham Street portion of the Gambit building to be demolished and the debris to be removed at the expense of Gambit Holdings & Development Ltd. in the event that it does not comply with the Order. Question being taken, the motion was carried. 5. Marine Workers' Federation National ShipbuildinQ Policv Mr. Les Holloway, Executive Director of the Marine Workers' Federation introduced a delegation in attendance from the Saint John Dry Dock Marine Workers and presented the previously submitted policy document "A Shipbuilding Policy for Canada: Resuscitating a Strategic Part of our Industrial Base". It was noted by Mr. Holloway the shipbuilding industry has gone from 10,000 to 4,000 workers since 1990; many shipyards across Canada have closed; for every job in a shipyard as many as 2.5 other workers are employed in support and supply sector industries; a Canadian company can receive as much as 20% from the local government in European countries for building a ship there; the "Jones Act" in the United States stipulates trading with domestic ports in that country must be done with an American built vessel; and the "Title Eleven Financing" Program in the U.S. guarantees loans to a vessels' purchasers up to 87.5% of the project's total for a 25 year period. Mr. Holloway advised the submitted shipbuilding policy resolution is supported by the Federation in Quebec and British Columbia and asked for Council to take a proactive role in this matter and support the submitted resolution. Mr. Holloway noted legislation similar to the Jones Act is needed and expressed his concern of being denied the opportunity to meet with Mr. John Manley, Federal Minister of Industry since 1993. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that Common Council go on record as supporting the following resolution proposed by the Marine Workers' Federation: WHEREAS the shipbuilding industry is a high-tech industry which creates badly-needed jobs in Canada's coastal and St. Lawrence communities; and WHEREAS the very existence of many small to medium sized businesses in Canada depends on a thriving shipbuilding industry and on the consumer spending of shipbuilding workers; and WHEREAS over 75% of all goods transported between nations world- wide are carried in ships and the future refitting and replacement of that global fleet will generate important new business for successful shipbuilders; and WHEREAS the level of Canadian marine construction content in major offshore petroleum developments could be considerably increased through appropriate policy measurers; and WHEREAS if the federal government does not act now to implement a national shipbuilding policy that ensures a fair chance for our industry to compete for new projects at home and abroad, this valuable industry could cease to exist in Canada. THEREFORE BE IT RESOLVED that we support the shipbuilding industry in this country and ask the federal government to assemble the stakeholders of this important industry to discuss and formulate a policy to allow Canada's shipbuilding industry to maintain a level of employment and activity that fairly reflects our own needs for new ships and other marine construction. 87 -421 COMMON COUNCIL MARCH 22, 1999 Mayor McAlary commended Mr. Holloway and members of the delegation for their work in this matter and stated Council had the opportunity to speak with the Honourable Claudette Bradshaw regarding a shipbuilding policy on March 19, 1999 and were advised, at that time, a staff person was going to be appointed to deal with the issue. Question being taken, the motion was carried. 7. Re Tender Calls for Capital Projects Read a letter from Councillor White advising that he would like to have an update in regard to the timing of tender calls for capital projects. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the above letter be referred to staff and report back to Council March 29, 1999. Councillor Titus proposed an amendment to the above resolution to request staff to verify what City Commissions do not presently use the City tendering process and advise these commissions accordingly of the possible savings in this regard. Mr. Totten responded he would have a report prepared on this matter. Question being taken, the motion was carried. 7 A. Red Cross RefuQee Centre Consideration was given to a letter from Councillor Ball advising that he would like to discuss the Red Cross Refugee Support Centre in Saint John, and submitting a letter from Louise Castonguay, Director New Brunswick Region and Atlantic Director of Programs of the Canadian Red Cross, advising that the Red Cross Refugee Support Centre in Saint John will close on March 31, 1999 and requesting a one-time grant of $10,000 from the City to ensure that the Centre will continue. On motion of Councillor Ball Seconded by Councillor White RESOLVED that any member of Councilor the public who can assist in this matter be encouraged to contact the Canadian Red Cross -- be received and filed. Councillor Ball expressed the opinion that he wants to bring public awareness to this extremely valuable asset in the City and the Red Cross is now having financial difficulty in supporting the Centre; if financial assistance in the amount of $10,000 is not received by March 31,1999 the Centre will close. Question being taken, the motion was carried. 8. Tender for Traffic Paint On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender submitted by Laurentide Chemicals Ltd., in the amount of $34,718.80, tax and delivery included, be accepted for the supply of traffic paint. Question being taken, the motion was carried. 9. HST CharQed on Residential EnerQY Consumption On motion of Councillor White Seconded by Councillor Trites RESOLVED that the report from the City Manager, advising that further to Council's consideration on March 1, 1999, the Power 87 -422 COMMON COUNCIL MARCH 22, 1999 Commission of the City of Saint John included HST on invoices for the 12 months ended February 1999 in the amount of $4.6M; the City of Edmundston, the only other New Brunswick City that has its own energy utility, included HST on invoices in the amount of $676,831.20 during a similar period; all other residents of New Brunswick are serviced by N.B. Power; and staff suggests the amount of HST levied against residential property in the Province of New Brunswick is approximately $55.6 million -- be received and filed. Question being taken, the motion was carried. 10. Red Rose Tea Site On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Manager, further to Council's direction, submitting a Call for Proposal for the sale and development of the Red Rose Tea and Drury Lane Parking Lot Sites; advising advertisement commenced on March 3, 1999 and proposals will be accepted up and until April 8, 1999 -- be received and filed. Councillor Fitzpatrick referred to a motion passed at the Council meeting of March 15, 1999 regarding this property and asked that staff consider this before making a recommendation on the site. Question being taken, the motion was carried. 11. Street Closing By-law Amendment Market Square (Public Street) On motion of Councillor Trites Seconded by Councillor White 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 stopping and closing the following portion of Market Square: All that portion of Market Square, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the western sideline of Prince William Street, the said point being the northeastern corner of Lot 9 as shown on City Survey Sheet No.2, dated March 1, 1923 and signed by Gilbert Murdoch, Deputy Land Surveyor, the said point also being the northerly termination of the western sideline of Prince William Street at its intersection with the south side of Market Square as shown on the said plan; thence in a westerly direction following the southern sideline of Market Square, the said sideline also being the northern sideline of the aforementioned Lot 9, a distance of twenty-seven and thirty-five hundredths of a metre (27.35m) more or less, to the eastern sideline of Water Street; thence in a northerly direction following the prolongation of the eastern sideline of Water Street a distance of twenty-two and thirty-one hundredths of a metre (22.31 m); thence in an easterly direction a distance of twenty-seven and forty-three hundredths of a metre (27.43m) more or less to the intersection with the northerly prolongation of the western sideline of Prince William Street; thence in a southerly direction following the said prolongation of the western sideline of Prince William Street a distance of twenty- one and fifty hundredths of a metre (21.50m) more or less to the place of beginning. -- be read a third time and enacted and the Corporate Common Seal be affixed thereto. Copies of a letter from Uptown Saint John Inc. in support of the proposed street closure to allow for the establishment of an Imax Theatre in uptown Saint John, dated March 22, 1999, were distributed to the Council members prior to the meeting. Mayor McAlary noted the proposed motion is for third reading of the closing of a portion of Market Square only, and does not involve any conveyance of land. Councillor Fitzpatrick questioned Mr. Nugent if there are any legal reasons why third reading should be opposed. Mr. Nugent responded that, in his view, the area in question is not a public street and is part of the market place as defined in the Charter; a street closing process is unnecessary and inappropriate, if it were to proceed to be 87 -423 COMMON COUNCIL MARCH 22, 1999 enacted it would be of no effect; and it is not beyond the capacity of Council to pass the by-law. He stated that, in his view, if third reading was passed it would not do anything to remove the restriction that Council is operating under which would make any conveyance of interest in the land void; the street closing is being undertaken to accommodate a possible development on the proposed site and this development will require the City to convey some interest in City land to the proposed developer; and the City does not have the capacity to do this under the present legislation and in order for Council to convey the land the City will have to obtain an amendment from the legislature to the City's Charter. Mr. Nugent further advised that if third reading is adopted, the public would no longer have access to the area and the City would have to expressly permit City Transit to continue using the area. Councillor Vincent questioned if the City would be encumbered in any way, if discussions with a developer broke down, by having indicated support by causing to have a street closed, to which Mr. Nugent advised that as a result of the public hearing on March 15, 1999 information was made available to legal counsel for the proponents on the matter, concerning the status of the area, and they are now proceeding at their own risk. Councillor Titus advised he will not be supporting the motion because it is designated as market property in the Charter. The by-law entitled "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Titus voting "nay". *11A. Enforcement of Judgment Against New Brunswick Fish & Game Association (Saint John Branch) Inc. On motion of Councillor Trites Seconded by Councillor White RESOLVED that Common Council authorize and direct the City Solicitor or his designate to undertake the appropriate steps to initiate and proceed with the enforcement of the judgment obtained against the New Brunswick Fish & Game Association (Saint John Branch) Inc., and to provide any indemnification or payment required by the Sheriff in that regard. Question being taken the motion was carried. 12. Stewart McKelvey Stirling Scales Construction of Imax Theatre On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Stewart McKelvey Stirling Scales, on behalf of Maxner Inc., the developer of the proposed Imax Theatre site next to the Bank of Canada building, in response to the issue which has been raised concerning the alleged impediment to the project which certain wording in Saint John's Charter creates, submitting the opinion that there is nothing to prevent the City of Saint John from conveying the parcel of land Maxner requires subject to then petitioning the Legislature at its next sitting for the appropriate amendment to the Charter, retroactive to the date of transfer; and advising that it must be clearly understood that such a conveyance cannot be done with indemnifications from one party to the other and they believe that the Legislature will accept such a petition without reservation so that no indemnification is required by any party -- be received and filed. Question being taken, the motion was carried with Councillor Titus voting "nay". 87-424 COMMON COUNCIL MARCH 22, 1999 13. Heather Kennedy - Request To Address Council Re Proposed Commercial Acquisition - Portion of Market Square On motion of Councillor White Seconded by Councillor Vincent RESOLVED that the letter from Heather Kennedy requesting to address Council regarding the proposed commercial acquisition of a portion of Market Slip for the building of an Imax theatre -- be received and filed. Question being taken, the motion was carried with Councillor Titus voting "nay". 14. 045771 (NB) Ltd. Re-zoning of 1360 ManawaQonish Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of 045771 (NB) Ltd. for the re-zoning of property at 1360 Manawagonish 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. 15. Knights of Columbus Council No. 6770 Re-zoninQ of 721 Chapel Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of the Knights of Columbus Council No. 6770 for the re-zoning of property at 721 Chapel Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, May 10, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 16. Imperial Theatre - Goods and Services Auction On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the letter from the Imperial Theatre requesting that the City of Saint John waive the auctioneer license fee of $84.00 for a Goods and Services Auction being held to help raise funds in support of theatre operations on Thursday, April 22 -- be received and filed and the license fee be waived. Question being taken, the motion was carried. 17. Eileen Travis - Re Policy for Appointments To Commissions. Boards. Or Other OrQanizations On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Eileen Travis, Board Member of the Saint John Free Public Library, regarding the policy adopted by Council on March 15, 1999 that only residents of the City shall be appointed to commissions, boards or other organizations, advising that she can fully appreciate such a policy with respect to regional commission appointments but has grave concerns for future endeavours with such an all encompassing policy -- be received and filed. 87-425 COMMON COUNCIL MARCH 22, 1999 Mayor McAlary advised her intent to contact Mrs. Travis to explain the policy adopted at the meeting of Council. During discussion Councillor Chase expressed his disagreement with the policy adopted at the last Council meeting. (Councillors Fitzpatrick and Trites withdrew from the meeting.) Question being taken, the motion was carried. Adjournment On motion of Councillor White Seconded by Councillor Ball 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