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1999-06-14_Minutes 87 -546 COMMON COUNCIL JUNE 14, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of June, A.D., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White - and - Messrs. 1. 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; P. Hanlon, Manager of Water and Sewerage Services; G. Yeomans, Comptroller; G. Tait, Fire Chief; C. Cogswell, Chief of Police; 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 Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on May 31, 1999, be approved. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor McAlary advised that, to celebrate the 75th anniversary of Irving Oil Limited in Saint John this year, Irving Oil employees and their families invite all Saint John citizens to attend a fireworks display over the Saint John Harbour at 10:30 o'clock p.m., Saturday, June 19. Mayor McAlary and Fire Chief Tait presented long-service medals to the following members of the Saint John Salvage Corps and Fire Police: Gary Ewart, Brian Cornish, Joseph Savoie and Gerald LeBlanc for twenty years of service; and Gerald Maxwell for twenty-five years of service. Mayor McAlary, having noted the poster display in the Council Chamber, accompanied by Councillor Court, a member of the Environment Committee, presented Certificates of Recognition and monetary prizes to the 1 st, 2nd and 3rd prize winners, respectively, of the Environment Committee's 1999 Poster and Essay Contest for students in District 8 elementary schools as follows:- Poster Contest - Kindergarten: Brittany Goodine, Michele Crouse and Nikolaus McKinnon of Princess Elizabeth School; Grade One: Kyle Marsden of Forest Hills School, Donald Thompson of Forest Hills School, and Courtney Davidson of Lakewood Heights School; Grade Two: Amanda McKillop, Jon Salmon and David Luck of Princess Elizabeth School; Grade Three: Levi Ellingwood of Princess Elizabeth School, Mary Jane McAfee of Island View Heights School, and Gregory Collings of Loch Lomond School; and Grade Four: Sarah Beveridge and Georgina Telman, Ben Salmon and Katie Henderson and Megan Henderson of Princess Elizabeth School; and Essay Contest - Grade Five: Lacey Ellingwood, Jorel Boyce and Jessica Rhynard of Princess Elizabeth School. Green School awards were presented to Bayview, Morna Heights, East Saint John, Grandview Avenue, M. Gerald Teed, Loch Lomond, Princess Elizabeth, Beaconsfield Middle, Forest Hills Elementary, Forest Hills Middle, Island View and St. Martins Schools, and Jeanne MacDonald was presented with the 1999 City of Saint John Environment Award in 87-547 COMMON COUNCIL JUNE 14, 1999 recognition of her personal commitment to preserving the environment and for her involvement in local community environmental efforts. 3(a) Zoning By-law Amendment To Re-Zone 1151 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1151 Golden Grove Road (NBGIC Number 55099246), having an area of approximately 1.4 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business classification, to permit an office, showroom and building material storage area for a building renovation contractor to be established within an existing garage on the subject site, as requested by Atlantic Home Improvements Ltd., and no written objections were received in this regard, with 3{c) a letter having been received from the applicant in response to the Planning staff report and neighbourhood opposition to the 1151 Golden Grove Road re-zoning request. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, three letters from neighbouring property owners and a petition in opposition to the proposal, and three letters in favour of the proposal, which were considered at the Committee's June 8 meeting, at which Vince Catton, the applicant, spoke in favour of his application, and three residents spoke in opposition to the re-zoning of the subject property; advising that some members of the Committee thought it would have been better if the applicant had applied for a special zone rather than a commercial zone category and, after some additional discussion, adopted staff's recommendation; and recommending that the application be denied. Carl Collins of 1300 Golden Grove Road, speaking against the proposed re-zoning, advised that he hoped within the next few years to develop the over 150 acres of land he owns directly across from the subject property, and expressed the view that to change the residential zoning to allow businesses to be carried on in this residential area would be a backward, rather than a forward, move, and also it was time to build up the tax base in the City of Saint John. Gail Rhains Welles of 1310 Golden Grove Road appeared in opposition to the proposed re-zoning, and advised that, having done some research on her own, she determined that the neighbours were against re-zoning for business three to one and also that the average time people have resided in the same place or in the general area was over 27 years. Alan Travis of French Village Road, Branch Manager of the Eddy Group located on Crown Street in Saint John, appeared in support of the proposal; and, in response to a concern about traffic, advised that the Eddy Group supplies and delivers all the applicant's bathroom, plumbing and electrical supplies, and looks after showing the supplies from its showroom, and the coming and going of all the applicant's clients as far as the plumbing is concerned. Mr. Travis, replying to questions, advised that the materials supplied by the Eddy Group would be delivered from the Crown Street location to the site of the work, not to Atlantic Home Improvements Ltd. site, and any left-over materials would be returned to the Eddy Group's Crown Street site. John Cudmore of Quispamsis, a dealer at Loch Lomond Home Hardware at 1120 Loch Lomond Road, spoke in support of the proposed re-zoning; advised that Atlantic Home Improvements Ltd. was a major customer of Loch Lomond Home Hardware which supplies the applicant with a full range of building material and does all major deliveries direct to the job sites, and left-over materials are returned to Loch Lomond Hardware. Mark Davey of 1161 Golden Grove Road advised that he saw no trouble at all in having a business next door to him as there is ample room and the applicant keeps his lot extremely well taken care of; and also that, having spoken to the applicant, it is the intent to conduct business there in a manner that would not involve, for example, the outside storage of lumber, the business would be conducted in the building with the only traffic to be vehicles coming to and from and any other activity to be on the job sites, and the lot would be maintained exactly as it has been in the past. 87 -548 COMMON COUNCIL JUNE 14, 1999 Ralph Thomas of 1795 Red Head Road, a sales representative for Atlantic Home Improvements Ltd., spoke on behalf of Vincent Catton and his business, having worked for him for eighteen years, as well as on his own behalf as one of the individuals in danger of losing his job; and advised that, as Mr. Catton's health conditions require him to rest periodically, the location of his business next to his home would allow the opportunity to reduce both physical and mental stress and to continue to provide the service to the community of Saint John. As to the extent of business to be done at the subject location, Mr. Thomas advised that 75 to 80 per cent of business was done by phone, with three salespeople checking in at work at 8:30 p.m., leaving from there to go to prospective customers, and also that the other employees usually check in before going to the job sites. Vince Catton of 1151 Golden Grove Road, appeared in support of the application, and, reading from the above-mentioned letter from the applicant under agenda item 3(c), explained that, having sold the present location of Atlantic Home Improvements Ltd., he had until July 16, 1999 to move the business operation and, if the property in question were not secured as a site of operation, the Company would be forced to close the business until other accommodations could be negotiated; and requested the re-zoning to proceed with the support of Council. During discussion Mr. Catton advised that about three to four vehicles would go into and out of the subject property, mostly in the morning, leaving for the job sites, and the garage presently on the property was used for personal storage of, for example, a snow blower, a snow mobile and a lawn mower and, if the re-zoning were approved, it would be used basically for offices for him and three salespeople; and also advised that it was not the intent to have dumpsters on the subject site and very minimum, if nil, on-site storage of materials; and, if possible, he would like to have a three foot by a foot and a half sign with the company name on site. In terms of customer traffic to the site, Mr. Catton advised that the present practice was to attempt to have customers come in by appointment only, and confirmed that, if Council were to look at proceeding with the re-zoning, he would not be adverse to discussing with staff Section 39 restrictions on the use of the property and would even have an agreement that, if the property were sold, it would go back to whatever re-zoning was wanted. On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the by-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 1151 Golden Grove Road (NBGIC Number 55099246), having an area of approximately 1.4 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business classification, be read a first time. On the matter of a restriction that the property, if re-zoned and subsequently sold, would go back to a residential zone, Mr. Baird advised that the practice of tying zoning to a specific owner was not something contemplated by the Community Planning Act and what was generally done was to tie the conditions to the applicant's specific use proposal and, in this particular case, the issue of outside storage and the use of the existing building as a building contractors office and showroom would be the elements that would go into the specific nature of what was being proposed; and, referring to the applicant's building plan, advised that it would be within Council's discretion to describe the units and the specific number, as well as prohibit no on-site processing or manufacturing. In response to Councillor Chase, Mr. Baird advised why the operation in question would not fit into the home occupation guidelines and, as to a possible negative impact on the neighbourhood, made the observation that, while there were always reasons in favour and reasons against which make situations of this nature difficult, the proposal was of a size requiring re-zoning and the caution he would put out was, once re-zoned with specific conditions, the property would become viewed as a commercial property and the potential for amendments always becomes a concern, thus on balance the subject business, being commercial in nature and involving not an insignificant number of people, should be in the City's business and industrial areas as it has been in the past. Councillor Chase noted the reference to a special zone to which Mr. Baird advised that, with respect to this particular application, it would be name only and simply a technique of going through a re-zoning process which may be viewed as somewhat more restrictive but was a method used when there was no zoning category that fits a proposal; however, in this case, the proposal fits in with the General Business proposal. Mr. Baird replied to questions on limiting the use of the subject property during 87-549 COMMON COUNCIL JUNE 14, 1999 which time he confirmed that, as the applicant in this case had put forward a very specific proposal and attached a site plan with a very specific nature, it was possible to limit the use to the subject proposal. Councillor Titus advised that, in looking at this situation from the perspective of one where the applicant effectively moved out of an industrial park because of a business decision and decided to move the business into his house which affects his neighbours, he could not support the re-zoning. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Chase and Titus voting "nay". Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the by-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 1151 Golden Grove Road (NBGIC Number 55099246), having an area of approximately 1.4 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Chase and Titus voting "nay". Read a second time the by-law to amend the Zoning By-law of the City of Saint John. Councillor Trites suggested that staff could be instructed to meet with Mr. Catton, prior to third reading, with regard to Section 39 conditions taking into consideration the discussion at this meeting. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Section 39 Amendment To Conditions Of Re-ZoninQ 2435-2441 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the August 13, 1984 re-zoning of the property situated at 2435-2441 Golden Grove Road (NBGIC Number 469551), to permit the use of the property for the following uses: business office; warehouse; manufacturing of lawn furniture, gazebos and pallets; woodworking shop; and water storage and transport, as requested by Glen Carpenter of Tabufile, and a letter of objection was received from the Town of Rothesay (copies of which were distributed to Council members at this meeting). 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's June 8 meeting at which the applicant, Glen Carpenter, expressed general agreement with the staff recommendation but requested modification to proposed condition (a)(iii) to permit the use of latex-based glues and satins, as well as the use of treated wood, and assured the Committee that any sawdust or wood waste would be removed from the site and composed elsewhere, and Gail Rhains Welles addressed the Committee in support of the application, and John Jarvie, Town Manager of the Town of Rothesay, advised the Committee of the Town's concerns as detailed in the submitted letter; advising that, after considering the report, letter and presentations, the Committee resolved to adopt the staff recommendation, with a change to proposed condition (a)(iii); and recommending that Common Council amend the Section 39 conditions imposed on the August 13, 1984 re-zoning of the subject property situated at 2435-2441 Golden Grove Road (NBGIC Number 469551), to read as stated herein. 87-550 COMMON COUNCIL JUNE 14, 1999 John Jarvie, appearing on behalf of the Town of Rothesay in opposition to the proposal, advised that, while appreciative of the changes made in the application from that previously before Council, the Town Council remained concerned that the proposal was within the watershed in that, unlike some other developments that might have some tolerance for failure, any problem that would be of a nature that would pollute on the property would cause immediate and significant harm to the Rothesay water supply; and requested Council to consider rejecting the application as there was still quite a range of uses proposed and, as the specifics of the uses were not included in the application, at this point the amount of material and space to be used for each of the different uses and the number of vehicle movements and such was not known. Mr. Jarvie also advised that, while Mr. Carpenter has stated and would no doubt attempt to minimize the impact of the various uses on the watershed, it was also recognized that Mr. Carpenter may not own the property in perpetuity and, as the property was well within the watershed, if there were a significant pollution problem the opportunity to control it would be limited. Mr. Jarvie requested that Council consider whether or not this application would be acceptable in the City's watershed areas and that, first and foremost, Council refuse the application; however, as the Rothesay Council was in the process of discussing the acquisition of the subject property and if Common Council was not prepared to refuse the application at this time, he would request that the matter be tabled until Rothesay could go forward with further discussion. The Mayor questioned the status of Rothesay's discussions on the possible purchase of the subject property to which Mr. Jarvie advised that, following initial discussions with Mr. Carpenter about the change in the nature of uses he might propose for the property, further discussions were held about the possibility of ownership and, at the moment, the matter of land purchase was being done in-camera in Rothesay, and it could take a number of weeks before the outcome was known, although he anticipated that the Rothesay Council would make a decision on this date on whether or not it would make an offer on the subject property and what that offer would be. Glen Carpenter of 45 Westmount Road, speaking in support of his application and noting that this was his second application for the subject property, advised of consultation with City Planning on potential uses and a meeting with John Jarvie and the Rothesay Planner, including a complete walk-through of the building and the exterior of the subject property, as well as his offer of the property to the Town of Rothesay. Mr. Carpenter made the observation that the proposal as presented by the Planning Department and the Planning Advisory Committee seemed workable and would open it up so that he could find a proper tenant for the building. As to Mr. Jarvie's request for the matter to be tabled, Mr. Carpenter advised that he would like Council to address the matter before it at this time. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the August 13, 1984 re-zoning of the subject property situated at 2435-2441 Golden Grove Road (NBGIC Number 469551), to read as follows: (a) the use of the subject property is limited to the following: (i) business office; (ii) warehousing of dry goods with no chemicals, including paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, rope, metal pipe, plastic pipe, concrete ornaments, electronic equipment with no transformers, stereos, nets, rope, buoys and clothing; (iii) woodworking and manufacturing of wood products, provided that only non-toxic substances, such as latex glues and stains, are applied or used; and (iv) bottled water storage and transport; (b) no new buildings and no extensions to the existing building are permitted; (c) all activities, other than employee parking, must be carried on within the building, and there shall be no outdoor storage; (d) the number of full-time on-site employees is limited to a maximum of five; (e) the existing trees adjacent to Golden Grove Road must be retained in a manner that provides a visual barrier between the street and the building; (f) no change-of-use permit for any of the proposed uses will be issued until such time as: (i) the on-site sewage disposal system is approved by the Public Health Services Branch of the N.B. Department of Health and Community Services; and (ii) the Fire Department is satisfied that the site contains a turnaround facility at or near the building, which is capable of supporting and permits the adequate manoeuvring of fire fighting equipment; and (g) the property owner must permit the property and operations thereon to be inspected by the N.B. Department of 87 -551 COMMON COUNCIL JUNE 14, 1999 the Environment for compliance with that Department's relevant regulations, such inspections may occur as often as once every six months, or more frequently, as permitted by the relevant legislation. Question being taken, the motion was carried. Mr. Nugent, referring to a suggestion that there could be an opportunity for the Town of Rothesay to negotiate the property purchase prior to the filing of the Section 39 resolution, suggested that, as in the normal course a resolution amending the Section 39 conditions would be filed and become effective relatively quickly, Council, if it wanted that resolution to be held in abeyance for two weeks, should make a motion to that effect, whereupon Councillor Ball proposed such a motion, which was seconded by Councillor White, and the Mayor expressed the view that a motion was not necessary. 5. Street Closing By-law Amendment - Whipple Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Whipple Street, and no written objections were received in this regard. 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 a portion of Whipple Street, be read a first time. Question being taken, the motion was carried. 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 Desmond Seconded by Councillor Court 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 a portion of Whipple Street, be read a second time. Question being taken, the motion was carried. 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".. 6. Power Commission Of City Of Saint John - 1998 Annual Report (Councillor Vincent withdrew from the meeting.) Edward Bates, Chairman of The Power Commission of the City of Saint John, introduced Richard Burpee, General Manager; Tony Furness, Manager of Finance and Administration; Eric Marr, Manager of Engineering & Operations; and Commissioner Anne Hickey, and named the other Commission members, including Councillor Titus. Mr. Bates highlighted the Commission's previously-submitted 1998 Annual Report in terms of 1998 having been a year of successes, challenges and uncertainties - success in being able to restore service to its customers in a matter of a few days during the ice storm in January 1998 and in earning a net profit from operations of $1.9 million; the challenge of deregulation or restructuring of the electrical industry; and the uncertainty in thinking of the experiences of other utilities under a restructured electrical system and of the impact of natural gas on the City. Mr. Bates apprised Council of the Commission's efforts to ensure that the utility is Year 2K ready, and of programs offered during 1998 to ensure customer satisfaction; and thanked City staff for its continued cooperation and the Commission's management staff and Board of Commissioners for their efforts and dedication in allowing Saint John to continue to enjoy low-cost, reliable electricity. Mr. Bates responded to questions on matters, including pole replacement and the manner in which street lighting requests are handled, following which he distributed to Commission lapel pins to the Council members. 87 -552 COMMON COUNCIL JUNE 14, 1999 (Councillor Vincent re-entered the meeting.) On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the 1998 Annual of The Power Commission of the City of Saint John be received and filed with appreciation. Question being taken, the motion was carried. 7. Loyalist Days Inc. Re Lovalist HeritaQe Festival George Teed appeared on behalf of Loyalist Days Inc. with regard to the plans for the Loyalist Heritage Festival, formerly known as Loyalist Days Heritage Celebration, to be celebrated in the City from July 11 to July 17 and, referring to the previously-submitted brief, advised of the decision to avoid the continuing confusion with the Provincial Loyalist Day on May 18 by changing the name of the City's celebration to Loyalist Heritage Festival; reviewed the draft program for 1999; and requested Council's active support in this Festival by way of assistance in publicity and financial, the latter by sponsoring a full-page ad of the program at an estimated cost of $3,000, and any other form of support. The Mayor asked that Loyalist Days Inc. provide the City with a copy of the budget for the 1999 Festival, and a request was made for a list of the members on the Loyalist Days Inc. Board of Directors. On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the presentation regarding the 1999 Loyalist Heritage Festival be referred to the City Manager for consideration pending receipt of the budget. Question being taken, the motion was carried. The Mayor asked that Council consider agenda item 22 at this time. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that item 22 on the agenda of this meeting be brought forward for consideration at this time. Question being taken, the motion was carried. 22. 1998 City Of Saint John Financial Statements (a) Operating Highlights; (b) General Fund; (c) Water And Sewerage Utilitv: (d) SinkinQ, Reserve And Trust Funds Consideration was given to a letter from Councillor Fitzpatrick, Chairman of the Finance Committee, submitting the 1998 Financial Statements of the City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, as prepared by Ernst & Young, as well as comments on the operating highlights as prepared by the Finance Department. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the 1998 Financial Statements of the City of Saint John General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, be adopted and filed. Mr. Beckett noted the presence at the meeting of Derek Purchase and Jeanie McKibbon of Ernst & Young, and City Comptroller Greg Yeomans, as well as the surplus of $134,678 with which the General Fund ended the year and the $366,475 surplus realized by the Water and Sewerage Utility; and summarized the positive and negative variances which were the major factors contributing to this surplus, as indicated in the operating highlights as submitted by the Finance Department. Mr. Beckett responded to questions in the above regard. 87-553 COMMON COUNCIL JUNE 14, 1999 Mr. Purchase made the observation that Ernst & Young had issued unqualified audit reports again this year on the City of Saint John General Fund, Water and Sewerage Utility, and the Reserve, Sinking and Trust Funds and had no matters on which to report to Council of any significance with respect to the Financial Statements; and advised that Ernst & Young, as part of their audit process and in order to support the work they do, reviewed the computer systems and all of the IT environment that surrounds it, and commended City staff in accomplishing a significant amount in the IT area with respect to initiatives, given the time frame in which they were done. Mr. Purchase thanked City staff for the help provided during the audit process, which made Ernst & Young's job that much easier. Question being taken, the motion was carried. The Mayor asked that Council consider agenda item 16 at this time. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that item 16 on the agenda of this meeting be brought forward for consideration at this time. Question being taken, the motion was carried. 16. Re Placement Of Mini-Home At 3396 Loch Lomond Road Consideration was given to a report from the City Manager advising of the receipt of an application from the landowner of property at 3396 Loch Lomond Road to place a mini-home, in which the landowner's elderly parents would reside, on this large parcel of land; also advising that, while the Zoning By-law does not permit the placement of mobile homes (mini-homes) in this area which is zoned "RS-1" One and Two Family Suburban Residential classification, Common Council does have the authority to allow the mini-home for a temporary period; and recommending that Common Council, if it so wishes, pursuant to the Mobile Home Parks By-law, permit a mini-home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one year. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that pursuant to the Mobile Home Parks By-law, Common Council permit a mini-home to be situated on the property at 3396 Loch Lomond Road for a temporary period of one year. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor McAlary proclaimed June 14 to 21, 1999 to be Global Week For Action of Debt Week, June 21 to 27, 1999 as Amateur Radio Week, and June 12 as National Kids Day, in the City of Saint John, and reiterated her earlier announcement about the Irving Oil Limited fireworks display. 9. Sidewalks On Greenhead Road On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that the letter from Deputy Mayor Chase regarding the condition of sidewalks on Greenhead Road, and asking that Council make an allocation from the Capital Works Budget to do Greenhead Road ahead of some of the other projects that have less severe consequences for the citizens -- be referred to the City Manager for a report to Council in two weeks. The initial motion proposed by the Deputy Mayor and seconded by Councillor Court was to ask staff to bring back a report on the prioritization to priority one of the Greenhead Road sidewalk project within the $116,00 envelope discussed with Mr. Groody and, in calling for the question, the Mayor cited the motion as set out above. Question being taken, the motion was carried. 87 -554 COMMON COUNCIL JUNE 14, 1999 10. OutQoinQ And IncominQ MLAs Read a letter from Deputy Mayor Chase proposing that Council extend thanks and best wishes to the outgoing MLAs from the Saint John area, and extend congratulations to the new MLAs-elect for the region and offer encouragement to make their job of supporting Saint John and enhancing the social and economic health of Saint Jon easier in the months to come. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Council extend thanks to the outgoing MLAs and welcome the new MLAs. Question being taken, the motion was carried. 11. TrackinQ Of Council Resolutions On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Councillor Chase expressing concern over the tracking of resolutions passed by Council; suggesting that a spread sheet of the type submitted listing, describing and tracking Councillor requests would be a good working tool for both Councillors and staff; and recommending that this proposed method of tracking be adopted by the Common Clerk's office, in addition to the present recording procedures -- be referred to the City Manager for consideration and a report to Council. Referral to the City Manager of the above matter was proposed for the reason that City staff report through the City Manager, not the Common Clerk, to Council, and it was suggested that, if Council referred a matter to a commission, for example, the City Manager may devise some manner in which to keep track of the resolution for follow-up. Question being taken, the motion was carried. 12. Re Availability Of Funding - Glen Falls Home Owners On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the report from the City Manager advising of staff's response to concerns expressed by Mervyn Neill in his letter to Council on May 3, 1999 about the availability of funding to homeowners in Glen Falls - - be received and filed and a copy be forwarded to Mr. Neill. Question being taken, the motion was carried. 13. Traffic By-law Amendment Re ParkinQ On Candlewood Lane On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager further to Council's referral on May 25, 1999 of the matter of parking on Candlewood Lane for a recommendation on which side parking should be allowed; advising that, if parking is to be restricted on one side only, staff recommends that it be restricted on the north side of Candlewood Lane which, with traffic moving from west to east on this one-way street, would mean that parking would be permitted on the south side; and recommending that first and second readings be given to the proposed Traffic By-law amendment and it be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: 87 -555 COMMON COUNCIL JUNE 14, 1999 AND FURTHER 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 Candlewood Lane, be read a first time. Question being taken, the motion was carried. Read a first time 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". On motion of Councillor Court Seconded by Councillor Desmond 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 Candlewood Lane, be read a second time. Question being taken, the motion was carried. Read a second time 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". 14. Traffic By-law Amendment LoadinQ Zone - Union Street On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to a request from a number of merchants on Union Street for a parking meter space in the location currently designed as a loading zone under the Traffic By-law - between Germain and Charlotte Streets, a survey asked all of the merchants in the subject area whether they would like to see a loading zone or a parking meter space at this particular location and the results of the survey indicated that the majority of the businesses in that area favour a parking meter space on the street in order to better serve customers and only one merchant on the south side of the street wants the loading zone retained; and recommending that the proposed Traffic By-law amendment be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER 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 Union Street, be read a first time. Question being taken, the motion was carried. Read a first time 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". On motion of Councillor Ball Seconded by Councillor Court 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 Union Street, be read a second time. Question being taken, the motion was carried. Read a second time 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". 87-556 COMMON COUNCIL JUNE 14, 1999 15. HIP Applications #90 & #91 On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications: HIP #90 - Mike Cavanaugh Homes for an estimated grant of $120,000 for a development on Cameron Court; and HIP #91- S & A Holding Limited for an estimated grant of $160,000 for a development on Marlin Drive and Daniel Avenue. Question being taken, the motion was carried. 17. Supply Of Portable Toilets To PlavinQ Fields Read a report from the City Manager submitting, further to the request at the last meeting for information associated with supplying portable toilets at fields utilized by youth, a listing of all scheduled fields and booking indicating the user groups and highlighting those which do no have toilet facilities; advising that, if the City were to increase the level of service it provides to the secondary fields by providing portable toilets (seasonally), staff recommends that all secondary fields programmed by the City receive the same level of service as it would be difficult to choose which fields would be serviced and which ones would not; giving the following three alternatives: (1) no change from the present practice - no additional cost; (2) provide toilet service at the fields used by youth groups only - cost: 14 fields x $75 x 3 months x 1.15 HST = $3,623; or (3) provide toilet service to 18 fields used by youth and adults - cost: 18 fields x $75 x 3 months x 1.15 HST = $4,658, such estimates not covering the cost of additional servicing for tournaments or special events; and recommending that Common Council direct staff to provide portable toilet facilities on a seasonal basis at the 18 fields which do not have toilet facilities, as identified in the submitted 1999 permanent field booking listing. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council direct staff to provide portable toilet facilities on a seasonal basis at the 18 fields which do not have toilet facilities, as identified in the submitted 1999 permanent field booking listing. Question being taken, the motion was carried. 18. Tender For Contract 99-3 On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 99-3, chipsealing 1999, be awarded to Industrial Cold Milling Ltd., at the tendered price of $50,650, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 19. Tender For Electrical Maintenance Services Water And SeweraQe Services Division On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of H.I.D. Electric be accepted for the establishment of a supply agreement for the provision of electrical maintenance services for the Water and Sewerage Services Division, in accordance with the prices contained in the submitted report from the City Manager, for a term of 24 months from the date of award by Council. Question being taken, the motion was carried. 87 -557 COMMON COUNCIL JUNE 14, 1999 20. Tender For Contract 99-2 On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 99-2, asphalt resurfacing 1999, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $1,155,965.30, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. * Added Item On motion of Councillor Trites Seconded by Councillor White RESOLVED that the City Manager's report regarding a tentative agreement with CUPE Local 486 (which was considered in Committee of the Whole earlier this date) be added to the agenda of this meeting for consideration as item 20A. Question being taken, the motion was carried. *20A. Collective Agreement With CUPE Local 486 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, subject to approval by the City Solicitor as to legality and form, Council authorize the execution of the submitted collective agreement between the City and CUPE Local 486, as well as execution of the two memorandums of agreement dealing with the job evaluation program and entry level positions. Mr. Totten noted that the proposed three-year agreement provided for wage settlements of 1 % for the year 1999, 1 % for the year 2000, 1.2% on January 1, 2001 and 1 % on July 1, 2001, as well as considerable flexibility for both the City and the employees in terms of scheduling work throughout the year; and also noted that Local 486 has ratified the collective agreement. Question being taken, the motion was carried. 21. Ownership Of Railway Right-of-way From Sand Cove Road Eastward Consideration was given to a report from the City Solicitor in response to Council's May 25, 1999 referral of the question of ownership and uses of the former rail line at Keans Road and Duck Cove on the West Side; providing background information with respect to the former route of the CPR Shoreline Railway right-of-way from Sand Cove Road eastward crossing or passing Gregory Lane, Kean Road, Duck Cove Road, Seacliffe Street and Sea Street, the City in the mid 1990s having decided to construct the so-called Western Beaches Collector Sewer System, a portion of which would be constructed beneath the former CP rail line as it skirts the shore of the Bay of Fundy and which would require the City to obtain the appropriate property rights. The report advises that, although the possibility had been raised that a portion of the New Brunswick Trail would coincide with the route of this sewer system, the property interests acquired by the City were for the express purpose of accommodating the sewer system, not a public walking trail, and also that the nature and extent of the property interests which the City currently holds to the area in question vary from location to location, ranging from full ownership to a mere easement for the specific purpose of accommodating municipal services; identifies on the submitted plans the property interests which, in the City Solicitor's opinion, the City has acquired; also advises that the Vihvelins have commenced proceedings against the City arising out of the easement expropriations with respect to Parcel M which passes through properties owned by the Vihvelins and the issue will be resolved at trial expected to take place before the end of this year. 87-558 COMMON COUNCIL JUNE 14, 1999 On motion of Councillor White Seconded by Councillor Ball RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 23. 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 April 19, 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 as recommended by the City Manager, (1) the mortgage dated January 14, 1977 between Shelter Resources Ltd. (as the mortgagor) and the City of Saint John (as the mortgagee) be amended to provide that the mortgage shall be void and the mortgagee shall furnish, in a form suitable for registration, a discharge of this mortgage when the mortgagor has paid to the mortgagee, the sum of $25,000 lawful money of Canada and that this transaction be completed on or before September 30, 1999; and (2) Common Council advise the Red Head Recreation Association that, at this time, the City of Saint John is unable to successfully negotiate the acquisition of the land for the proposed community centre. June 14, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 23.1. Amending Mortgage Re Harbourview Subdivision On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 24. 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, May 3, 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 recommendation, namely: 1. That as recommended by the City Manager, Common Council authorize the granting of an Easement and Maintenance Agreement with the Exhibition Association of the City of Saint John with respect to part of the Simonds Arena site, as generally shown and for the terms proposed in the submitted document, and the annual fee for this agreement be $250, and further that the Mayor and Common Clerk be authorized to execute the agreement. 87-559 COMMON COUNCIL JUNE 14, 1999 June 14, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. 24.1. Easement And Maintenance Agreement For Part Of Simonds Arena Site On motion of Councillor White Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 25. 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, May 31,1999, 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 recommendations, namely: 1. That Mayor Shirley McAlary be reappointed to the Executive Committee of the Cities of New Brunswick Association, with Councillor Carl White as an alternate member. 2. That as recommended by the City Manager, Common Council amend its resolution of March 1, 1999, pertaining to the sale of 471 Millidge Avenue, by (1) deleting the name Stephen Halsall and replacing it with Stephen and Tamara Halsall; (2) deleting "upon the terms and conditions of Proposal Call Real Estate and Facility Management 99-1 B" and replacing it with "upon the terms and conditions of Proposal Call Real Estate and Facility Management 99-IB, except for paragraph 9"; (3) the closing date be on or before August 31, 1999; and (4) all other aspects of the resolution be the same. 3. That as recommended by the City Manager, Common Council authorize (1) the sale of three City-owned properties located on Champlain Drive, being PID Numbers 417915,417907 and 322768, to Irving Oil Company Limited, for the price of $130,000 plus HST; (2) the closing date to be on or before August 31,1999; and (3) the Mayor and Common Clerk to execute the necessary documents. June 14, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 25.1. Appointments To Executive Committee Cities Of New Brunswick Association On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. 25.2. Amending Terms Of Sale 471 MillidQe Avenue On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that section 2 of the above report be adopted. 87 -560 COMMON COUNCIL JUNE 14, 1999 Question being taken, the motion was carried. 25.3. Sale Of City Land On Champlain Drive On motion of Councillor Desmond Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Vincent voting "nay". 26. Saint John Parking Commission Free Metered ParkinQ On Saturdays On motion of Councillor White Seconded by Councillor Trites RESOLVED that the report from the Saint John Parking Commission setting out, further to Council's May 3, 1999 referral of the suggestion of eliminating paid parking at meters on Saturdays in the Uptown area, the course of action being taken to analyze this issue in order to prepare a more detailed report and recommendations as soon as possible, with four to six weeks expected for collection and review of all appropriate data -- be received and filed. Councillor Titus advised that he would not support the motion to receive and file the above report, and suggested that paid parking at meters be eliminated now and, if the Commission can come back to Council in four to six weeks and justify as to why there should be metered parking, Council might possibly look at it again. Councillor Desmond, a member of the Parking Commission, commented on a concern that employees of businesses in the Uptown would take advantage of the free metered parking in front of the businesses, and expressed the view that a recommendation to remove metered parking on Saturdays should come from the operators of the businesses through Uptown Saint John Inc. to the Parking Commission and subsequently to Council. Deputy Mayor Chase questioned the extent of the problem with employees of businesses taking up metered space, and Councillor Chase suggested that removal of paid metered parking should be tested. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Ball, Chase and Titus voting "nay". 27. Greater Saint John Economic Development Commission, Inc. - Business Park Development On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John) expressing appreciation for the City's support in the development of the Somerset Business Technology Park and, more particularly, the location of the Xerox facilities in the Park; referring to the decision to go ahead with the Mark Drive realignment in that it would free up more land for commercial and business development in that area; and advising that it looks forward to working with Council and City staff over the longer term to develop a more substantial business park as proposed in its Business Park Advisory Committee report -- be received and filed. Question being taken, the motion was carried. 87 -561 COMMON COUNCIL JUNE 14, 1999 28. The Saint John Jeux Canada Games Foundation, Inc. - Financial Statements And Reappointment Of Governors On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from The Saint John Jeux Canada Games Foundation, Inc., submitting its audited Report and Financial Statements as at December 31, 1998; and recommending that Harry P. Gaunce, Richard H. Oland and James A. MacMurray be reappointed Governors for a term ending December 31, 2001 or until their successors are appointed, be accepted with appreciation, and Harry P. Gaunce, Richard H. Oland and James A. MacMurray be reappointed Governors for a term ending December 31, 2001 or until their successors are appointed. Question being taken, the motion was carried. 29. Transport Canada, Atlantic Region Re Transfer Of Saint John Airport On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from the Regional Director - Airports, Transport Canada Atlantic Region, advising of the conclusion of negotiations between Transport Canada and Saint John Airport Inc. for the transfer of the Saint John Airport and, effective June 1, 1999, all rights and obligations in the operation and management of the lands known as Saint John Airport were transferred by Her Majesty The Queen In Right Of Canada, as represented by Transport Canada, to Saint John Airport Inc. and, as part of this transfer, Transport Canada has assigned its interest as Licensor in the Licence between Her Majesty The Queen In Right Of Canada, represented by the Minister of Transport, and the City of Saint John, registered in the Transport Canada Legal Registry as Licence No. SJ0429, to Saint John Airport Inc. -- be received and filed. Question being taken, the motion was carried. 30. Department Of Municipalities And Housing Re Amendment To Community PlanninQ Act On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Director of the Land Use Planning Branch of the Provincial Department of Municipalities and Housing, acknowledging receipt of Council's April 19, 1999 request for the Province not to proclaim Section 93 of the Community Planning Act, and advising of the decision not to proclaim this particular section at this time and of looking forward to reviewing this in the near future with staff from the City of Saint John to determine the most appropriate course of action -- be received and filed. Question being taken, the motion was carried. 31. Jane Barry Re (a) Greenhead Road Sidewalks & Street Lights; (b) Sand Cove Road - Crosswalks In Seawood School Area A motion was proposed by Councillor White, and not seconded, to receive and file the letters from Jane Barry, following which a motion was proposed by Councillor Desmond and seconded by Councillor Ball to refer the letters to the City Manager. It was noted that the matter of Greenhead Road sidewalks was referred to the City Manager under item 9 on the agenda of this meeting. 87 -562 COMMON COUNCIL JUNE 14, 1999 On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the letter from Jane Barry of the Saint John Lancaster Liberal Association advising of the deteriorated condition of sidewalks in the Greenhead Road neighbourhood -- be received and filed: AND FURTHER that the letter from Jane Barry of the Saint John Lancaster Liberal Association advising that the painting of a crosswalk at the intersection of Bleury Street and Sand Cove Road would greatly assist students from Seawood School, and asking that further consideration be given to improvements in the traffic situation at this still somewhat congested corner -- be referred to the City Manager. Question being taken, the motion was carried. 32. Town Of Grand Bay-Westfield - Municipal Infrastructure In Millennium BudQet On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from the Town of Grand Bay-Westfield citing a resolution adopted by the Town Council on May 25, 1999 regarding municipal infrastructure in the Millennium Budget -- be received and filed. Question being taken, the motion was carried. 33. City Market Merchants Association Request For Market To Be Open On Canada Dav, Julv 1, 1999 Consideration was given to a letter from the City Market Merchants Association requesting that the City Market be open for the Canada Day celebrations on July 1,1999. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the by-law to amend the City Market By-law, with regard to a July 1, 1999 opening, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-law. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the City Market By-law, with regard to a July 1, 1999 opening, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-law. 34. Saint John Regional Hospital Foundation - Rallv Of Hope On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Regional Hospital Foundation Rally of Hope requesting Council to bring City Hall back to the Rally by supporting efforts to field a team for the July 10, 1999 event -- be referred to the City Manager. Question being taken, the motion was carried. 87 -563 COMMON COUNCIL JUNE 14, 1999 35. Constance D. Northrup - Request To Fill Property At 34 McKav Street On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Constance D. Northrup asking permission to fill the back portion of her property at 34 McKay Street as the surrounding properties are draining onto an area of her property which never dries out -- be referred to the City Manager. Question being taken, the motion was carried. 36. Anthony Debly - Re-Zoning of Property Corner Of Churchland & Golden Grove Roads On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the application of Anthony Debly for the re-zoning of property at the corner of Churchland Road and Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 26, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 37. D.R.'s General Construction And Management Request To Re-Zone 533 Rothesav Avenue On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the application of D.R.'s General Construction and Management for the re-zoning of property at 533 Rothesay Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 26, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 38. Eric L. Teed - Painting On Fire Hvdrants On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Eric L. Teed noting that in some cities in Canada fire hydrants or fire plugs are paint decorated by the local residents during special events or festivals; and suggesting that Council approve in principle the concept of painting and decorating fire hydrants by citizens as part of observing the festival program -- be received and filed. Question being taken, the motion was carried. 39. Grace Harvest Church - Request To Have Block Party On Portion Of EIQin Street On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Grace Harvest Church requesting permission to have a block party in the North End on July 24, 1999, with a rain date of July 31, 1999, for which the portion of Elgin Street, between Metcalf and Main Streets, would have to be blocked off between 11 :00 a.m. and 5:00 p.m. -- be referred to the City Manager and the Police Commission. Question being taken, the motion was carried. 87-564 COMMON COUNCIL JUNE 14, 1999 40. Multicultural Association Of Saint John, Inc. Ethic Representation On Police Commission On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the letter from Multicultural Association of Saint John, Inc., expressing the understanding that Council has the authority to make additional appointments to the present Police Commission, and urging Council to promote and provide for ethnic representation on this Commission -- be received and filed. Question being taken, the motion was carried. 41. Helena Harvey I Painting Round Re Souvenir Of Saint John On motion of Councillor White Seconded by Councillor Trites RESOLVED that the letter from Helena Harvey for Painting Round advising that she has developed a souvenir form of kitchen magnets displaying miniaturized paintings of historic sites in Saint John, and would like to attend at the July 12 Council meeting to make a presentation of these souvenirs to the Councillors as part of the Loyalist Heritage Festival -- be received and filed and Ms. Harvey be invited to make a presentation in this regard at the July 12, 1999 Council meeting. Question being taken, the motion was carried. The Mayor noted her query to the Council members as to the possibility of meeting in Committee of the Whole on Thursday, June 17, 1999; and there was consensus that Committee of the Whole would commence at 4:30 o'clock p.m. on June 17, 1999, on which the Mayor advised a notice would be forwarded to the Council members, at which time the items on the closed session agenda which were not covered earlier this date would be considered. The Mayor noted that Council's next public meeting would be held on June 28, 1999. Adiournment The meeting adjourned. Common Clerk