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1999-05-31_Minutes 87-534 COMMON COUNCIL MAY 31,1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirty-first day of May, A.D., 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. 1. Totten, City Manager; 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; B. Fillmore, Assistant Deputy Chief of Police; Ms. L. Farrell, Solicitor; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on Tuesday, May 25, 1999, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary extended condolences to the family and friends of the late Robert S. (Bobby) Donovan who passed away on May 30, 1999; proclaimed May 30 to June 5 as Transportation Week, and Disability Awareness Week; May 30 to June 6, 1999 as Water Safety Week, and June 1999 as A.L.S. (Amyotrophic Lateral Sclerosis, more commonly known as Lou Gehrig's Disease) Month, in the City of Saint John. 4. Portable Toilets At PlavinQ Fields Read a letter from Councillor Court advising that he would like to discuss the establishment of portable toilets on playing fields for young boys and girls in the Milford, Quinton Heights and Barnhill ballfields and, having discussed this with Director of Recreation and Parks Bernard Morrison, he would appreciate receiving an update from staff on this matter. Mr. Butler advised that the cost to provide portable washroom facilities at the three fields in question would be in the area of $1,050 for the season; however, if this were opened up, he would think that the City would be approached by the teams concerned for facilities for the fifteen other fields in the City which are in a similar situation as the three listed above, which would mean an overall cost of around $6,000. Councillor Court spoke in support of providing this service at the three fields in question on the basis that they were used for the most part by very young people who would probably have a greater need than would adult people, and the Mayor noted that, as this item was not included in the budget, Council would either have to make a motion or refer the matter to staff for a report. 87-535 COMMON COUNCIL MAY 31,1999 On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the above matter be referred to the City Manager for a report in two weeks. Question being taken, the motion was carried. 5. Re Tucker Park Read a letter from Councillor Ball advising that ongoing complaints regarding the operation and security of Tucker Park continue to be brought to his attention, with the question most asked being why this beautiful park/beach does not receive the same care and attention given to other comparable parks within the City, where the dumping of refuse, construction and household materials, free-running dogs, drinking, occasional camp fires, perceived drug activity and property damage persist; suggesting that some signage, structural and barrier landscaping would go a long way to alleviate the deteriorating situation; and proposing that this item be referred to the Recreation and Parks and Works Departments. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the above matter be referred to the City Manager for immediate attention. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. Councillor Titus advised that he would like to add the issue of parking to the agenda of this meeting in that Council has received nothing back further to the May 3 referral of this issue and, in the absence of a report, proposed a motion, which was seconded by Councillor Ball, that from now there be no charges at parking meters on Saturdays in the downtown area. The Mayor advised that she should not allow this matter to be brought up at this time because it is a whole new issue, and asked that Councillor Titus wait two more weeks for the anticipated report. It was noted that the matter was referred to the Saint John Parking Commission and Councillor Desmond, a member of the Commission, advised of the Commission's forthcoming meeting on June 9. (Councillor Fitzpatrick re-entered the meeting during the above discussion.) 6. BankinQ Resolutions Consideration was given to a report from the City Manager advising, as a result of staffing changes made in March 1999, of the need to modify the existing banking resolutions to reflect the actual staffing structure, and recommending adoption of the submitted resolutions for the Bank of Nova Scotia and the Bank of Montreal which have been modified to add the Assistant Comptroller as a signing officer. On motion of Councillor Titus Seconded by Councillor Court RESOLVED A. That the resolution dated August 24, 1998 relating to the operation of bank accounts for the City of Saint John with the Bank of Nova Scotia be and is hereby rescinded; AND 87 -536 COMMON COUNCIL MAY 31,1999 RESOLVED B. 1 That accounts in the name of the City of Saint John (herein called the "City") and bearing the following names and numbers shall be kept at the Bank of Nova Scotia: Pension Fund Operating Account Payroll Account US Dollar Account Employee Purchase Account Treasury Account Hydro (Transfer Account) Payroll Reject Account Pension Payroll Reject Account City of S.J. (Bond Account) City of S.J. Meal Purchase 55-17 0053-12 0001-16 1864-14 0361-10 0106-18 0034-17 0102-19 0122-11 14-14 626-18 B. 2 That any two of the: Commissioner of Finance Deputy City Manager Comptroller Assistant Comptroller Budget Officer be and are hereby authorized on behalf of the City: (a) To borrow money from the Bank of Nova Scotia upon credit of the City on cheques, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; (b) To sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. 3. That anyone of: Commissioner of Finance Deputy City Manager Comptroller Assistant Comptroller Budget Officer be and is hereby authorized by the City: (a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; (b) To arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) To delegate any authority conferred on such person by sub-paragraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 87 -537 COMMON COUNCIL MAY 31,1999 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That the City shall furnish the Bank with a list of names of all persons authorized by this Resolution to do any act or thing, together with the specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank 6. That this Resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. C. 1 That notwithstanding Resolution B.2 (b), the Bank of Nova Scotia is authorized and directed to pay any and all cheques, promissory notes, bills of exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. C. 2 That in consideration of the Bank of Nova Scotia's paying or negotiating cheques, promissory notes, bills of exchange or otherwise, issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Comptroller, the City of Saint John will and does hereby undertake to hold the Bank of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. (Rescinded October 9, 2001 Bk. 88 pg. 697 ) RESOLVED 1. That the resolution dated August 24, 1998 concerning the signing officers for the City of Saint John Bank Accounts and Securities with the Bank of Montreal be and is hereby rescinded and the following resolution be adopted in its stead: - 2. That all cheques of the Municipal Corporation of the City of Saint John (herein called the "City") drawn on the following accounts: 7000 - 098 5067 - 467 5067 - 475 5067- 483 5067 - 491 5067 - 520 5067 - 547 5067 - 555 5067 - 563 Sinking Fund O'Connell Trust Tucker Trust Ross Memorial Trust Stockford Memorial Trust Recreation Development Fund Land Subdivision Trust Equipment Replacement Fund A. Carle Smith Trust shall bear the signature of any two of the following officers: Commissioner of Finance Deputy City Manager Comptroller Assistant Comptroller Budget Officer 3. That notwithstanding Resolution No.2, the Bank of Montreal is authorized and directed to pay any and all cheques against the said accounts which may be presented for payment bearing the facsimile signatures impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. 87 -538 COMMON COUNCIL MAY 31,1999 4. That in consideration of the Bank of Montreal's paying or negotiating cheques issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Comptroller, the City of Saint John will and does hereby undertake to hold the Bank of Montreal harmless from and indemnified against all loss, costs, damages and expenses arising out of the facsimile signatures having been wrongfully impressed. 5. That the Commissioner of Finance, Deputy City Manager, Comptroller, Assistant Comptroller or Budget Officer of the City of Saint John be and are hereby authorized for and on behalf of the City to negotiate with, deposit with or transfer to the Bank of Montreal (but for credit of the said City's accounts only) all or any bills of exchange, promissory notes, cheques or orders for payment of money and other negotiable papers and for the said purposes to endorse the same or any of them on behalf of the City either in writing or by rubber stamp. 6. That the Commissioner of Finance, Deputy City Manager, Comptroller, Assistant Comptroller or Budget Officer are hereby authorized for and on behalf of the said City from time to time to arrange, settle, balance and certify all books and accounts between the said City and the Bank; and to receive cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's forms of settlement of balance and release. 7. That any two of the following officers, namely; Commissioner of Finance, Deputy City Manager, Comptroller, Assistant Comptroller or Budget Officer be and are hereby authorized for and on behalf of the said City to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safekeeping or otherwise for the accounts of the City and to give valid and binding receipts therefor. 8. That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being at the Branch of the Bank at which the accounts of the said City are kept and receipt of such notice duly acknowledged in writing. Question being taken, the motion was carried. 7. BorrowinQ Resolutions Read a report from the City Manager recommending adoption of the submitted resolution, as requested by the Bank of Nova Scotia, to formalize the line of credit with the City, such amendment required to include the recently added position of Assistant Comptroller as a signing officer. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that for general operating purposes: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1999; 2. That any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller, the Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the 87 -539 COMMON COUNCIL MAY 31,1999 next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source. AND BE IT FURTHER RESOLVED that for the purposes of bridge financing on Capital Expenditures: 5. That the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 6. That any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller, the Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine, and 7. That any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller, the Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 8. 1999 Bond Issue On motion of Councillor White Seconded by Councillor Court RESOLVED that occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government Protective Services Transportation Services Environmental Health Environmental Development Recreation and Culture $2,037,000 566,000 2,325,000 717,000 2,873,000 162,000 $ 8,680,000 WATER & SEWERAGE UTILITY Water System Sewer System $3,748,000 2.282,000 $ 6,030,000 764,000 $15,474,000 Public Transit THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $15,474,000. 87 -540 COMMON COUNCIL MAY 31,1999 AND FURTHER that subject to paragraph 4 of this resolution, the Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $15,474,000 on such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agrees to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipalities, Culture and Housing: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 7.25% and at a term not to exceed 10 years: AND FURTHER that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. 9. Tender For Contract 99-6 On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 99-6, curb construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $252,513.99, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Desmond spoke against the motion on the basis that, rather than replace the asphalt sidewalk on Champlain Drive from Sherwood Drive to the Champlain Heights School, streets without sidewalks should be done prior to those streets which already have sidewalks. Mr. Groody advised that the work in question was included in the 1999 Capital Program as a continuation of work that has gone on for the last two or three years in that area, and it is necessary work to improve safety and so on. Question being taken, the motion was carried with Councillor Desmond voting "nay". 10. Final Contract Value - Contract 96-26 Read a report from the City Manager advising that the difference between the final contract price and the tendered price for Contract 96-26, Marsh Creek watewater treatment plant - replacement of mechanical components, is $17,386.79, due to twelve additional work items completed by the contractor, Fairville Construction Ltd., at the request of the engineer, and one change order to the contract to cover additional costs due to tax change from GST to HST on April 1, 1997, and recommending approval for the added expenditure. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the added expenditure of $17,386.79 on Contract 96-26, Marsh Creek wastewater treatment plant - replacement of mechanical components, for a final contract value of $303,586.79. Question being taken, the motion was carried. 87-541 COMMON COUNCIL MAY 31,1999 11. Imaging System Upgrade Saint John Police Force Consideration was given to a report from the City Manager requesting Council's approval to acquire the necessary upgrades to the imaging system application and associated hardware, utilized by the Saint John Police Force, to make it Year 2000 compliant. On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the purchase of the necessary application upgrades, associated hardware and installation services, for the Compu-Capture Imaging System used by the Saint John Police Force, from Digital Descriptor Systems Inc. of Langhorne, Pennsylvania, at a cost of $16,000 (US). Question being taken, the motion was carried. 12. Re Cost Sharing In Development Of Martinon Community PlaVQround Read a report from the City Manager advising that, further to the May 3, 1999 request of the Martinon Playground Committee for the City to cost share in the development of a playground which is on private land, the Board of Directors of Martinon Recreation Centre has passed a resolution indicating that the playground shall at all times be open for the recreational use and enjoyment of the general public, which is similar to the resolution passed by the Boys and Girls Club of Saint John; and recommending that the City contribute to the playground as proposed. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council (1) support the development of the Martinon Community Playground as proposed to Council on May 3, 1999; and (2) authorize that the City of Saint John contribute up to $19,325.77 from the Land for Public Purposes Trust Fund in support of the playground development on lands owned by the Martinon Community Club Limited. Question being taken, the motion was carried. 13. Removal Of Restrictive Covenants From Deed - MaQazine Street Property Read a report from the City Manager advising that the deed to three parcels of land located on Magazine Street, which the City sold to Saint John Real Estate Company in 1962 and of which Parcels A and C are now owned by Corporation 1906 Inc., contained a number of restrictive covenants primarily aimed at ensuring that the existing Fort Howe Apartments building was built in a timely manner and in accordance with plans approved by the City and these restrictions applied to all three parcels of land, and Corporation 1906 Inc. has an agreement to sell Parcel C to the Carleton Congregation of Jehovah's Witness and has requested that the covenants as they still apply to Parcels A and C be removed; and recommending removal of the restrictions in that staff has reviewed the request and is of the opinion that, with the pending construction of a church on Parcel C and the limited potential for the development of Parcel A due to its topography, there is no reason to continue the restrictive covenants. On motion of Councillor Court Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Common Council authorize the Mayor and Common Clerk to execute the necessary documents to remove the covenants applicable to Parcels A and C on 87-542 COMMON COUNCIL MAY 31,1999 Magazine Street, contained in an agreement dated May 1, 1962 between the City of Saint John and The Saint John Real Estate Company Limited and/or its successor Corporation 1906 Inc. Question being taken, the motion was carried. * Added Item On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Council add to the agenda of this meeting as item 13A a proposed agreement with 502121 NBL TD, which was considered in Committee of the Whole earlier this date. *13A. Licence Agreement For Concert In Rockwood Park On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the submitted licence agreement with 502121 NBL TD, relative to the presentation of an outdoor concert in Rockwood Park on July 1,1999, and the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried. 14. Traffic By-law Amendment Re ParkinQ On Rosedale Crescent Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment with respect to parking on the west side of Rosedale Crescent, from Champlain Drive to York Street, which was given first and second readings on Tuesday, May 25, 1999. On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Rosedale Crescent, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 15. Zoning By-law Amendment To Re-Zone 111-113 McAllister Drive On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P.100-504 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 111-113 McAllister Drive (a portion of NBGIC Number 307397), having a frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of approximately 1.7 acres, from "P" Park to "SC" Shopping Centre classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 87 -543 COMMON COUNCIL MAY 31,1999 AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the site is limited to the proposed Phase 2 development, consisting of a strip mall with a maximum floor area of approximately 16,400 square feet and associated parking area, which shall be integrated with the previously-approved Phase 1 parking area; (b) the developer must pave all parking areas, loading areas, manoeuvring area and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (d) direct access to the Phase 2 development from McAllister Drive is limited to one driveway; (e) all utilities, including power and telephone, must be provided underground; (f) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street right- of-way to the edge of the City curb/sidewalk; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the required site plan is approved, such plan to be attached to the building permit for the development; and (h) all site improvements shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval. The by-law entitled, "By-law Number C.P.100-504 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. (Deputy Mayor Chase withdrew from the meeting.) 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 Tuesday, May 25, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council approve the addition of two positions - Information System Assistant, Group 5, CUPE Local 486, to the 1999 Establishment. 2. That as recommended by the City Manager, Common Council authorize the sale of property at 55 Union Street (NBGIC Number 55011886) to Ellis-Don (Atlantic) Limited for the purchase price of $250,000 (plus HST if applicable), upon condition that arrangements satisfactory to both the City and Ellis-Don (Atlantic) Limited are first agreed to for the purpose of defining the rights and obligations of each party with respect to that portion of the Pedway system lying between the Aquatic Centre and Harbour Station, with a closing day of on or before July 31, 1999, and further that the Mayor and Common Clerk be authorized to execute the necessary documentation. May 31,1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 87-544 COMMON COUNCIL MAY 31,1999 16.1. Establishment ChanQe On motion of Councillor White Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 16.2. Re Sale Of 55 Union Street On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 17. Fundy Region Solid Waste Commission Re Expiry Of Members' Appointments On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from the Fundy Region Solid Waste Commission advising of the expiration on July 31, 1999 of the current three-year terms of some appointments to the Commission, one being that of Councillor Stephen Chase on July 31, 1999 -- be received and filed. Question being taken, the motion was carried. 18. Robert Holmes-Lauder Re Speeding Vehicles At Latimore Lake Trailer Park On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Robert Holmes-Lauder suggesting remedies for a situation involving speeding vehicles at the Latimore Lake Trailer Park -- be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 19.410 Tactical Fighter Operational TraininQ Squadron - Kinship With City On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from the Commanding Officer of the 410 Tactical Fighter Operational Training Squadron expressing the desire to rekindle ties with the City of Saint John established by resolve of Council March 28, 1944, and extending an invitation to re-establish kinship by joining in the celebration of the Royal Canadian Air Force's 75th Anniversary -- be received and filed and a letter of congratulations be forwarded in this regard. Question being taken, the motion was carried. 87-545 COMMON COUNCIL MAY 31,1999 20. New Brunswick Aboriginal Peoples Council Re Lovalist Davs Festival On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from the New Brunswick Aboriginal Peoples Council Local 10 expressing concern about the possibility of Council asking for the termination of the Loyalist Days Festival, and urging Council to give some official support and encouragement to this heritage Festival -- be referred to the City Manager for a report to Council. The Mayor expressed the understanding that Council included an amount of money in the 1999 budget for the Loyalist Days Festival, and suggested that it would have to be determined if the event was to be held this year. Question being taken, the motion was carried. 21. Lafarge Canada Inc. - Request To Withdraw Re-zoninQ Application 655 Latimore Lake Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Lafarge Canada Inc. requesting permission to withdraw its application for the re-zoning of property at 655 Latimore Lake Road -- be received and filed and the application be withdrawn as requested, and the June 14, 1999 public hearing be cancelled. Question being taken, the motion was carried. 22. Bayview Credit Union - Request To Hold BarbeQue 57 KinQ Street On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from Bayview Credit Union requesting permission to hold a fund-raising barbeque on June 30, 1999 in front of its branch at 57 King Street between the hours of 11 :30 a.m. -1 :30 p.m. - - be received and filed and permission be granted. Question being taken, the motion was carried. Adiournment The Mayor noted that the next regular meeting of Council would be held on Monday, June 14, 1999, and the meeting adjourned. Common Clerk