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2001-07-09_Minutes 88-556 COMMON COUNCIL JULY 9, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of July, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Comptroller; P. Woods, Deputy City Manager; 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; Ms. A Poffenroth, By-law Enforcement Officer; G. Tait, Fire Chief; A Bodechon, Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Administrative Assistant. 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 Ball Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on June 25, 2001, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 27-29 Park Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of property located at 27-29 Park Avenue (NBGIC Number 343889), having an area of approximately 1,700 square feet, from "R-2"One and Two Family Residential to "R-4" Four Family Residential classification, to permit the existing building to be used as a three-family dwelling, as requested by Clifford A and Phyllis J. MacBurnie, and 3{c) a letter opposing the proposed re-zoning was received from Dr. M. E. Mooney. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's July 3, 2001 meeting at which Clifford MacBurnie, the applicant, attended along with his representative, Dwight Allaby, who addressed the Committee in support of the application and explained the history of the property, and the Committee adopted the staff recommendation; and recommending that the application be denied. Mr. Dwight Allaby, representing the applicant, spoke in support of the proposed re-zoning; reviewed the history of the building; advised the property has been sold and the purchaser wants to use the building as a three-family dwelling; stated the only renovation to the building was the re-installation of the kitchen sink by Mr. MacBurnie; with regard to off street parking Mr. Allaby stated it is not possible to provide parking on the property but pointed out there are several churches in the neighbourhood that have parking lots which are used by residents of the area; and referring to correspondence, which he distributed to Council members, from Rev. W.E. Collett, Rector of All Saints Anglican Church located at 35 Park Avenue, commented that Mr. 88-557 COMMON COUNCIL JULY 9, 2001 MacBurnie has always used the Church's parking facilities and expressed confidence this arrangement will continue in the future; and requested Council to approve the re- zoning application. During discussion Mr. Allaby explained that if the re-zoning was not approved Mr. MacBurnie would be required to carry out extensive renovations to convert the dwelling into a two-unit building in order to meet the Building Code. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, the re-zoning of 27-29 Park Avenue be denied. Councillor Trites questioned the extent of the renovations required to the upstairs of the building to which Mr. Edwards advised the MacBurnies presently occupy the entire ground floor and one of the units upstairs; if they were to receive approval for the re-zoning, the two units upstairs would be used as two individual dwelling units and the applicant would occupy the bottom unit only; noted if the application for re-zoning is not approved it is the applicant's intent to occupy the bottom unit only and remove the dividing wall upstairs to make it one large apartment. Councillor Trites expressed hesitation in denying the application pointing out there are a number of four unit dwellings in the neighbourhood and suggested a tabling motion may be appropriate as he would like to have the opportunity to review further information from the Building Inspector and Planning Department before making a decision. Councillor Court also spoke in support of a tabling motion. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table pending a report from the Building Inspector. Question being taken, the tabling motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the correspondence regarding the above-proposed amendment, be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment - 96 Stanlev Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 96 Stanley Street (NBGIC Numbers 23747,21774,21782,21790 and 21998), having an area of approximately 17,000 square feet and a frontage of approximately 120 feet on Stanley Street, 220 feet on Summer Street and 50 feet on Winter Street, from Medium Density Residential to Light Industrial classification, to permit re-zoning of the property from "RM-1" Three Storey Multiple Residential to "1-1" Light Industrial classification and subsequent use for an electrical contracting business with outside long-term storage and general office space, as requested by Gardner Electric Ltd. 8. Mavor's Remarks Mr. Peter Hazen, President of the St. George's Society presented Mayor McAlary with the flag of St. George. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the City of Saint John accept with appreciation the flag of St. George from the St. George's Society. Question being taken, the motion was carried. 88-558 COMMON COUNCIL JULY 9, 2001 9. Vehicle Traffic On Boars Head RoadlWoodward Avenue On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by Deputy Mayor White, the matter of vehicle traffic on Boars Head Road and Woodward Avenue be referred to the City Manager for review and a report to Council at the earliest possible date. Question being taken, the motion was carried. 10. PlaYQround For Monte Cristo Park Area Read a letter from Councillor Court submitting a letter from John Bosence, Chair of Playground Committee and a petition on behalf of the residents of Monte Cristo Park requesting that the City provide them with a green space located within the subdivision to be used to build a playground for their children, and recommending that this matter be referred to the City Manager for a report back to Council. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by Councillor Court, the letter from John Bosence, Chair of Playground Committee requesting green space to be used to build a playground in Monte Cristo Park, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 11. Market Committee Appointments Consideration was given to a letter from Councillor Teed referring to the provision in the Market By-law for Common Council, by resolution, to establish an advisory committee to be known as the Market Committee, as well as the indication in the City Manager's report to Council on May 18, 2000 that there would be a report on the establishment of such a committee; and proposing that the matter of appointments to an advisory Market Committee be referred to the Nominating Committee for recommendation for appointments within six weeks and that public notice be given inviting persons interested in serving on such a committee to so notify the Nominating Committee setting out their qualifications and interest for such position. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the matter of appointments to an advisory Market Committee be referred to the Nominating Committee. Councillor Desmond pointed out there is presently a City Market Tenants Committee, and spoke against the proposed motion stating that if people who are not City Market tenants were not appointed to this new committee there is always the possibility of conditions being set for the tenants which they may not want, or be able to meet. Councillor Fitzpatrick in speaking against the motion proposed that the matter be referred to the City Manager to report back to Council regarding the May 18, 2000 report referred to in Councillor Teed's letter. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the referral motion was carried. 88-559 COMMON COUNCIL JULY 9, 2001 5. Lovalist City HeritaQe Festival - Financial Support Consideration was given to correspondence from Edis A. Flewwelling, Chairman, and George F. Teed, Director of Loyalist City Heritage Festival, asking for assistance with their plans for the annual Festival scheduled for July 15 to July 22,2001, inclusive, through a grant for the year 2001 in the amount of $2,000 to cover the premium for a liability insurance policy; setting out the projected major expenses for the Festival activities in the amount of $4,100, including liability insurance, printing and mailing expenses, materials for children's crafts, costumes and hats and several miscellaneous expenditures; and advising that office space and telephone usage has amounted to over $3,500 and has been donated by others. Mr. George Teed, Director of Loyalist City Heritage Festival and President of the Loyalist Society of Canada, New Brunswick Branch; addressed Council and stressed the importance of this historic festival; referred to a letter he received from Lt. Governor Margaret Trenholm after the May 18, 2001 celebrations extending thanks to the Committee for their work and encouraging them to maintain history and their traditions for all citizens. Mr. Teed stated the Committee was advised by the Recreation and Parks Department that they must have a liability insurance policy in place in the amount of not less than one million dollars; and requested a grant for the year 2001 in the amount of $2,000 to cover the cost of the premium for the liability insurance. Mayor McAlary, in referring to a brochure containing all the events of the upcoming Loyalist Festival, which was distributed to Council members earlier, questioned why the Festival requires liability insurance. Discussion followed regarding this matter with Mr. Totten noting that he was of the understanding the Festival was contemplating installing a trampoline in King's Square and explained that liability would become an issue in this regard; and Festival expenses and sources of revenue were reviewed. Councillor Trites stated, following a discussion with the City Solicitor, that the City policy under normal conditions would cover activities that take place on City property, which would negate the need for the $2,000. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the City of Saint John liability insurance cover the events of the Loyalist City Heritage Festival scheduled for July 15 - 22,2001 subject to approval by the Commissioner of Community Services prior to the events. Question being taken, the motion was carried. 12. Old AdvertisinQ SiQns On BuildinQs In City's HeritaQe Area Read a letter from Councillor Teed advising of a matter that has come to his attention respecting old advertising signs that were painted on the walls of some of the buildings in the City's heritage area, in particular, on the north side of the former Hotel at the corner of Duke and Prince William Streets advertising tobacco and on the south side of buildings on Water Street advertising cigars in that these signs indicate a long-gone era and could be of unusual interest to visitors; and suggesting that the Heritage committee be invited to conduct a review of how such signs could be preserved and that Uptown Saint John be invited to consider how such signs might be restored as a significant historic attraction to the area. On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the above matter be referred to Uptown Saint John Inc. and the Preservation Review Board. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) 88-560 COMMON COUNCIL JULY 9, 2001 13. Public ReadinQ Of City Bv-Iaws Consideration was given to a letter from Councillor Teed advising that, at a meeting of the Common Council held on June 14, 1785, it was ordered that the laws of the City be published by the ringing of the bell and proclamation and openly reading of such laws at the door of the City Hall, and that he has been unable to find that this direction was ever revoked; noting that the principle of public readings of by-laws has been carried on in the Municipalities Act which requires the full reading of any by-law in public prior to the final enactment; suggesting that, as a method of emphasizing the City's heritage and historical interest to visitors and citizens alike, the principle of public readings of by-laws could be revived, at least during the summer, so that on a specified day or variable days at a specified time a crier would attend at City Hall and, after the appropriate bell ringing, publicly read a City by-law or a portion thereof in conformity with the original declaration of public reading; and proposing that the matter of periodic public readings of City by-laws at the doors of City Hall be referred to the Common Clerk with the request that she endeavour to arrange for such. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the above matter be referred to the Mayor. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 14. Involvement Of New Brunswick Museum In 400th Anniversary Of Arrival Of Sieur De Monts In City Read a letter from Councillor Teed suggesting that it would seem reasonable for the New Brunswick Museum to be contacted to see how it can co-operate in ensuring, from a historical viewpoint, that there is a fitting recognition by display or other activities in the Museum for the forthcoming observance of the 400th anniversary of the arrival in the City of Sieur de Monts; and proposing that the Museum be urged, if it is not already in the process, to ensure that a suitable and appropriate recognition of this important heritage event is developed for the public education and enjoyment of the 400th anniversary, and that the committee being established to ensure a fitting observance be urged to liaise with the Museum with respect to the observance. Discussion ensued and it was suggested by Mayor McAlary the proposal be referred to the Waterfront Development Partnership. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the above matter regarding the 400th anniversary of the arrival of Sieur de Monts at the Saint John River on June 24, 1604 be referred to the Saint John Waterfront Development Partnership. Question being taken, the motion was carried. 7. Notice To Appear Re BuildinQ At 123 Victoria Street Notice had been given to Wayne K. Lee, and Mary L. Lee, and KPMG Inc., Trustee in Bankruptcy, and Royal Bank of Canada to appear to show cause, if any, why Common Council should not find the Lee building located at 123 Victoria Street (NBGIC Number 380485) to be in a dangerous and unsightly condition, and also to require Wayne K. Lee, and Mary L. Lee, and KPMG Inc., Trustee in Bankruptcy, and Royal Bank of Canada to remedy the condition, within such time as Common Council may set, by either (1) demolishing the Lee building and removing the debris, or (2) securing the building, with materials that present a uniform appearance, against entry by children or other trespassers and, after having obtained any necessary building permit, carrying out the work described in the inspection report as being necessary to restore the Lee building to such a condition that it is no longer dangerous. 88-561 COMMON COUNCIL JULY 9, 2001 Consideration was given to a report from the City Manager advising that a title search indicates that Wayne and Mary Lee are the owners of the property at 123 Victoria Street, and that Mr. and Mrs. Lee filed for bankruptcy late in June 1999 and KPMG Inc. was appointed as the Trustee of the Estate, and also that, although the Royal Bank of Canada was notified to appear as it held a mortgage upon the subject property, the mortgage has since been discharged and the Bank is no longer involved in these proceedings; also advising that the building located on the subject property has been vacant for approximately two to three years, although the doors have been secured to public entry recently, and it poses a danger to the public and neighbourhood because it is often open and shows signs of structural instability and has become dilapidated and deteriorated as to be in a dangerous and unsightly condition and is a potential danger to neighbours and residents in the immediate vicinity as well as any transients; is vacant and often open to the public, its interior having been extensively vandalized; stating that the building has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition, and the unsightly condition of the property as well as the deteriorated and dangerous condition of the building results in potential danger to neighbours and children in the immediate vicinity as well as any transients; and submitting a copy of the Notice to Appear and supporting documents served to Wayne and Mary Lee on June 26, 2001, photographs of the subject building, a copy of an inspection report, dated May 16, 2001, from By-law Enforcement Officer Amy Poffenroth, a letter from Divisional Chief of Fire Prevention & Investigation Tom White, dated May 25, 2001, a memorandum from Inspector Douglas B. Jenner of the Saint John Police Force, dated June 18,2001, and a resolution recommended for adoption by Council. Mr. Edwards apprised Council of the condition of the subject building, as described in the above report, presenting slides of the building to illustrate its more significant deficiencies and deteriorated condition; and expressed the opinion that the building is deteriorated and dilapidated to the point where it has become a danger to the public and the only viable solution is demolition of the structure; and requested Council to adopt the resolution as set out in the City Manager's report. During discussion Mr. Edwards confirmed that on Thursday, July 5, 2001 the Royal Bank discharged the mortgage on the property. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Wayne K. Lee and Mary L. Lee to be the registered owners of the freehold title to the parcel of land (herein called "the Lee property") that is located at 123 Victoria Street, Saint John, N.B. The Lee property is designated as parcel number 380485 on the portion of the New Brunswick Geographical Information Corporation (NBGIC) plan that was submitted as schedule "B". The Lee property is more particularly described in the schedule "A" that was submitted and was attached to the deed from Phyllis Bernice Trecartin to Wayne K. Lee and Mary L. Lee that is dated October 28, 1993, and was registered in the Saint John County Registry Office on November 1, 1993, in book 1678 as number 389898 at pages 248-252. The PLANET parcel information report that was submitted as schedule "c" shows Wayne K. Lee and Mary L. Lee to be the owners of the Lee property. The PLANET property assessment information report that was submitted as schedule "0" shows Wayne K. Lee and Mary L. Lee as the assessed owners of the Lee property. KPMG Inc. was, on June 29, 1999, appointed by the Official Receiver in Bankruptcy to be the Trustee of the estates of Wayne K. Lee and Mary L. Lee. The building that is shown on the photographs that were submitted as schedule "E" is located on the Lee property and is herein referred to as "the Lee building". AND WHEREAS the Lee property is located in an area mentioned in the by-law entitled "A By-law Respecting Dangerous Or Unsightly Premises Within The City of Saint John"; AND WHEREAS, contrary to the by-law, the Lee building is in a dangerous and unsightly condition as a result of deterioration or dilapidation. 88-562 COMMON COUNCIL JULY 9, 2001 AND WHEREAS, after having considered (a) the inspection report by Amy Poffenroth, BScE, that was dated May 16, 2001, and was submitted as schedule "F", (b) the report that was submitted by the City Manager and others and was dated July 4, 2001, and (c) the report from Thomas White, Divisional Chief, Saint John Fire Department, that was dated May 25, 2001, and was submitted as schedule "H", and (d) the report from Inspector Douglas Jenner of the Saint John Police Force, that was dated June 18,2001, and was submitted as schedule "I", and (e) the oral report of Mr. William Edwards, P.Eng., who is the Building Inspector for The City of Saint John, we find that the Lee building is deteriorated or dilapidated so as to be in a dangerous and unsightly condition. BE IT RESOLVED that Wayne K. Lee, Mary L. Lee, and KPMG Inc. are hereby required to, within 15 days after a notice from the Building Inspector is served on them in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Lee building by either demolishing the Lee building and removing all of the debris and other unsightly items from the Lee property or by carrying out the following work: (1) secure (with materials that present a uniform appearance) the Lee building against entry by children or other trespassers, and (2) remove any debris from the floors and stairs and yard, and (3) obtain any necessary building permit and restore the building to such a condition that it is no longer dangerous and unsightly. The restoration work shall include: (a) replace the glass in the windows, or remove the broken glass from the windows and cover them with materials that present a uniform appearance, and (b) repair or remove the window canopy structure that is overhanging the front of the building, and (c) install adequate interior lighting, and (d) repair any damaged floors and ceilings, and (e) provide proper support for the floors and the rear left wall, and (f) repair any walls that need repair, and (g) determine and correct any structural problems, and (h) repair or replace any deteriorated shingles, trim, sills, and facia, and (i) remedy the unsightly appearance of the exterior of the building BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Wayne K. Lee and Mary L. Lee and KPMG Inc. in accordance with section 190(4) of the Municipalities Act, a notice that requires them to, within 15 days of being served, remedy the dangerous and unsightly of the Lee building and the Lee property by either demolishing the Lee building and removing all of the debris and other unsightly items from the Lee property or by carrying out the aforesaid work. BE IT FURTHER RESOLVED that in the event that Wayne K. Lee and Mary L. Lee and KPMG Inc do not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require Wayne K. Lee and Mary L. Lee and KPMG Inc to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the Lee building by either demolishing it and removing the debris from the Lee property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the Lee building to be demolished and the debris removed at the expense of Wayne K. Lee and Mary L. Lee and KPMG Inc in the event that Wayne K. Lee and Mary L. Lee and KPMG Inc do not comply with the Order. Mr. Nugent advised Council that late this afternoon Trustee in Bankruptcy KMPG Inc. provided the Building Inspector with a document described as a disclaimer by the Trustee; stated he has not had an opportunity to examine the significance of the document in terms of the provisions of the Federal Bankruptcy and Solvency Act; but suggested that if Council is prepared to adopt the resolution before them with the understanding that it is possible should this evolve to the point that the City is in Court and seeking an order that results in the City demolishing the property, the issue of KPMG's responsibility may arise; and it may be determined they do not bear any responsibility for this matter. Responding to a question regarding the mortgagee, Mr. Nugent stated several years ago when the City was operating under the terms of the 88-563 COMMON COUNCIL JULY 9, 2001 1925 Building Act, which was designed to address dangerous or unsightly premises, the Court of Appeal took the position in one case that a mortgagee is not to be considered an owner for purposes of these matters unless the mortgagee is in possession; and in fact in this case there was only evidence to the contrary that the Royal Bank was not in possession, had not accepted responsibility physically for the building, so it is not really a case that mortgagees can avoid responsibility for a building. Question being taken, the motion was carried. * Added Item On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Fundy Region Solid Waste Commission regarding the installation of cart lifting arms by haulers of municipal solid waste, be added to the agenda as item 17 A. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that items 17, 6, 8 and 17A on the agenda, be brought forward for consideration at this time. Question being taken, the motion was carried. 17. Revised & Consolidated Solid Waste Bv-Iaw Consideration was given to a report from the City Manager noting that previous reports to Council have documented changes to residential solid waste collection practices that are planned for the first of August of this year and the current City by-law governing the handling of solid waste needs to be updated in order to support these planned changes; advising that revisions are also necessary in order to add more townhouse type developments to City collection schedules and address the concerns presented by these homeowners to Council over the past year, and a third motive is to provide more effective support for enforcement staff dealing with community concerns and infractions of the by-law; submitting for Council's consideration and approval a revised solid waste by-law, one that will address current issues and provide a base for staff to rely on in years to come; that a number of other provisions are being added to the by-law at this time, including clauses dealing with special collections such as clean up week, and clauses directed at specific problems encountered in recent years, and another noteworthy provision is the requirement to use transparent bags for trash on the non organic collection day, which provision is being phased in so that residents may adjust to the changes being introduced over a period of time; and recommending that the submitted by-law receive first and second readings and be referred to the Legal Department for appropriate action. Mr. Galbraith reviewed the proposed Solid Waste By-law; noted the community composting initiative is scheduled to commence on August 1, 2001 which will require some fundamental changes to the By-law For The Storage, Collection And Disposal Of Solid Waste in order to support implementation; advised the by-law does the following: (a) sets the framework for dealing with all solid waste generated within Municipal boundaries; (b) establishes the basis for a residential collection service provided by the municipality; (c) identifies commercial solid waste and how it is intended that it be handled; (d) provides definitions of various types of solid waste, residential and commercial properties, acceptable containers, etc.; (e) identifies responsibilities and prescribes handling procedures; and (f) identifies penalties for violations of the provisions of the by-law. Mr. Galbraith explained the proposed by-law recommends the townhouse developments - White House Court and Village Estates, both off Manawagonish Road, be included for City collection upon enactment of this new by-law; suggested the by-law be revised so that future townhouse developments as they occur will not have to come before Council to receive City collection service; pointed out the use of transparent bags for trash on the non organic collection day is being phased in so that residents may adjust to the changes being introduced over a period of time; with the first collection the week of July 30 - August 3, 2001 with the exception of the South End 88-564 COMMON COUNCIL JULY 9, 2001 Peninsula because of anticipated difficulties using the carts where space is limited and on-street parking will interfere with curbside pick up. Mr. Galbraith reviewed operational costs associated with the adoption of the proposed by-law and explained that the capital cost for the hydraulic lifters to be installed on the garbage packers is $46,000. In referring to the use of transparent bags Mayor McAlary stated there may be problems with convincing the public to use them; and expressed disappointment regarding the fine for any person who violates the by-law, suggesting it should be much higher. Discussion followed regarding a question raised by Councillor Court concerning the level of service to townhouse developments; Mr. Baird stated many of the developments have private roads and explained there have been a lot of discrepancies in this area; and noted in some cases the City has been picking up the garbage if an arrangement was made to set up a centralized pickup location. The matter of waste pickup at the residential condominium Brentwood was raised with Councillor Court pointing out the residents are paying property taxes and not receiving any garbage service from the City; Mr. Totten stated the City is not prepared at this time to provide waste pickup services to condominium sites. Councillor Court inquired if an individual is being charged residential tax how can the definition of a residential property be changed; Mr. Nugent stated he would like the opportunity to report back to Council on the matter of taxation and services those who pay taxes receive. It was suggested by Mr. Totten that Council may wish to have Mr. Nugent's response to the taxation question before third reading; Mayor McAlary stated commercial service should be examined at the same time; Councillor Teed raised a question regarding backyard composting and requested a clarification of the disposal of solid waste and what organics are eligible for collection. Councillor Chase stressed the importance of people using this program and noted a two tier tipping fee will be established - for waste that is not compostable the tipping fee will be $98.00 and compost will be $50.00. Councillor Fitzpatrick stated it is imperative to educate the public on the proper methods of disposing of tires, biomedical or infectious waste; and referring to Section 9 - Penalties of the proposed by-law, questioned what the maximum fine would be for anyone who violates the by-law to which Mr. Galbraith advised $200.00. Councillor Trites expressed optimism that when the Province brings in a new Municipalities Act, municipalities will have more control over the level of fines placed on various offences. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a first time. Question being taken, the motion was carried with Councillor Court voting "nay". Read a first time the by-law entitled, "A By-law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick". On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the by-law entitled "A By- law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a second time. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried with Councillor Court voting "nay". Read a second time the by-law entitled, "A By-law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick". 88-565 COMMON COUNCIL JULY 9, 2001 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above proposed by-law be referred to the Legal Department for a report to Council. Question being taken, the motion was carried. * 17 A. Installation of Cart Lifting Arms by Haulers of Municipal Solid Waste Consideration was given to a letter from the Anthony Stewart, General Manager of the Fundy Regional Solid Waste Commission, submitting correspondence from Dominion Refuse Collectors, regarding the installation of cart lifting arms by haulers of municipal solid waste; advising that haulers of municipal solid waste may refuse to make any modification to their equipment at their own expense but rather believe that the modifications for vehicles should come at the expense of the Commission; and in one case the hauler believes that the Commission should assume all liability related to any injuries from mechanical or installation defects associated with lifting arms; pointed out that the Commission has no contractual relationship with the waste haulers; noted haulers may wish to make a claim for incremental costs which they may incur as a result of installing or adapting lifting equipment; and suggesting a discussion should take place between commercial haulers and the municipalities regarding this matter as well as the contractual obligations. Mr. Stewart advised the cost of adapting equipment for participation in the program implemented by the Commission is to be borne by the individual haulers as they have control over the manner in which waste is collected and the nature and level of modifications undertaken to their respective vehicles; and advised this is consistent with other municipalities in the Region who are responsible for their own collection and have borne the costs of modifying their own collection equipment. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from the Fundy Region Solid Waste Commission regarding the installation of cart lifting arms by haulers of municipal solid waste be referred to the City Manager to co-ordinate a meeting with the Commission and private haulers in this regard. Deputy Mayor White requested Mr. Nugent to report to Council if the City has any legal responsibility to cover the costs involved. Question being taken, the motion was carried. 6. Fundv ReQion Solid Waste Commission - Compost Carts Read a letter from Don Shaw of the Fundy Region Solid Waste Commission advising his intent at this meeting to outline the Commission's public education efforts with respect to the Commission's organics and composting program, further to Council's invitation of June 4, 2001. Mr. Shaw addressed Council advising that he was present to answer any questions regarding the compost carts. Councillor Court inquired who is responsible if a citizen's cart is stolen; Mr. Shaw stated the Commission is and advised it would be replaced; stated the Commission will not be supplying the biodegradable bags which may be used instead of the compost carts; reviewed the educational program which will involve eight billboards being installed in various locations throughout the City, a newspaper insert being distributed on July 26th, and extensive radio advertising. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that item 39 on the agenda, be brought forward for consideration at this time. Question being taken, the motion was carried. 88-566 COMMON COUNCIL JULY 9, 2001 39. Princess Elizabeth School Playground Committee Financial Support For PlaVQround In Area On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that the letter from Kevin Bennett, Chair of the Princess Elizabeth School Playground Committee, seeking support in the building of a playground for the School at a total cost of $107,677.50, with the request of $53,838.75 from the Land for Public Purposes Trust Fund, and submitting the playground proposal, a copy of School District 8's approval and the financial statement, be referred to the City Manager Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that items 35 and 41A on the agenda, be brought forward for consideration at this time. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting.) 35. Randv Miller - Rockv Terrace Street Improvements 41A. Marv E. QuiQQ - Rockv Terrace Traffic Pattern On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the letter from Randy Miller advising of a recent poll of the residents of Rocky Terrace seeking support for street improvements for safety reasons; and asking for the erection of a no-left turn sign to prevent left turning traffic onto Rocky Terrace from Mount Pleasant Avenue at the location indicated on the submitted map; and the letter from Mary E. Quigg advising that she does not support the proposal to erect a no -left turn sign to prevent traffic onto Rocky Terrace from Mount Pleasant Avenue as it would create a considerable inconvenience to residents on the street, but rather the erection of signs on Mount Pleasant Avenue and Goodrich Street indicating a blind knoll, be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that item 33 on the agenda, be brought forward for consideration at this time. Question being taken, the motion was carried. 33. Richard And Ruth Dignard - Amendment To Section 39 Conditions Of Re-ZoninQ Of 815 Loch Lomond Road On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the application of Richard and Ruth Dignard for an amendment to the Section 39 conditions of re-zoning of property located at 815 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, August 20, 2001 at 7:00 o'clock p.m. Question being taken, the motion was carried. 88-567 COMMON COUNCIL JULY 9, 2001 (Councillor Chase re-entered the meeting.) 15. Rental Income From Parking Lots On South Side Of MaQazine Street On Fort Howe Read a letter from Councillor Teed regarding maintenance and repairs needed to the Fort Howe Blockhouse and adjoining grounds; and proposing that, if not already in effect, the rental income received by the Saint John Parking Commission from the parking lots on the south side of Magazine Street on Fort Howe be now received by the City and allocated for the maintenance and improvement of the Blockhouse and its operations. Councillor Teed proposed the resolution as set out above, whereupon the Mayor suggested the Parking Commission should be contacted regarding the matter; and it was noted by Councillor Desmond that there is an agreement between the Parking Commission and Fort Howe regarding the lease of the subject property. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Teed regarding the rental income received by the Saint John Parking Commission from the parking lots on the south side of Magazine Street be referred to the Parking Commission for a report to Council. Question being taken, the motion was carried. 16. Minister's Round Table On Local Governance Report Read a letter from Councillor Trites submitting the recently released Roundtable report entitled "A Vision for Local Governance in New Brunswick"; noting that the recommendations contained in the report respecting local governance, regional service delivery and fiscal transfers have the potential to impact the working relationship with our sister communities, and the level and type of provincial funding the City will be eligible to receive in the future; and encouraged Council to give careful consideration to the contents of the report. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Trites submitting the Roundtable report entitled "A Vision for Local Governance in New Brunswick", be referred to the City Manager for review and a report to Council. Question being taken, the motion was carried. 18. 2001-2002 Arena SchedulinQ Read a report from the City Manager advising that due to the unavailability of the Simonds Arena for the 2001-2002 season options have been examined as to how best to serve the customers that have normally used this arena; noted with the closure of the Arena the shortfall in previously utilized ice time at City operated arenas has been reduced by 68.5 hours per week; stated much of this usage can be accommodated in the remaining four City operated arenas by incorporating earlier morning openings and the transferring of school and public daytime use to the other arenas; noted the proposed re-introduction of the formula that will establish the amount of subsidized funding for each minor group will cause minor groups to optimize their ice usage and is expected to reduce the cost of subsidization to the City and provide additional available rental time; and recommending the arena rental schedules be developed based on the following actions for the 2001-2002 season; (1) open four (4) arenas from Monday - Friday for rentals to begin at 6:30 a.m. or 6:45 a.m.; (2) open four (4) arenas on Saturday - Sunday for rentals to begin at 6:30 a.m.; (3) the early morning ice time rentals will be assigned to subsidized users; (4) the current daytime School District #8 Free Skating Program would be re-directed to Hurley Arena; (5) the free public use of Simonds for Tiny Tots, Seniors and Public Skating would be re-directed to 88-568 COMMON COUNCIL JULY 9, 2001 the other four (4) City Arenas; and (6) all minor user groups are eligible for subsidized ice time rental per week based on 8 hours of ice time per 100 registrants; and the minor group registration list must be provided to the City prior to November 15. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the above recommendation of the City Manager be adopted. Mr. Butler reviewed the proposed arena schedule for 2001-2002; advised how the various groups would be redirected; suggested the early morning times be utilized by the minor groups which are subsidized by the City; and expressed confidence that all groups could be accommodated at the four arenas. Councillor Court asked if the proposed actions in the report have been discussed with the minor hockey associations; and suggested the matter be referred to staff to receive the input of the minor hockey groups. On the motion of Councillor Court Seconded by Councillor Trites RESOLVED that the report regarding the 2001-2002 arena schedule be referred to the City Manager to discuss the proposed actions with the user groups and report back to Council. Question being taken, the referral motion was carried. 19. Tender For Contract 2001-9 On motion of Councillor Fitzgerald Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2001-9, asphalt concrete resurfacing No.2, be awarded to the low tenderer, Lafarge Canada Inc., at the tendered price of $386,235.15, 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. 20. Tender For Contract 2001-18 On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Contract 2001-18, Sand Cove Road - new storm sewer, be awarded to the low tenderer, Galbraith Construction Ltd. at the tendered price of $92,502.00, 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. 21. Tender For Contract 2000-18 On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 2000-18, Mill Road - vault refurbishment, be awarded to the low tenderer, A & J Construction Ltd. at the tendered price of $99,000.00, 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. 88-569 COMMON COUNCIL JULY 9, 2001 22. Lakewood Reservoir Beach (Little River) Paddle Boat Rental Licence Read a report from the City Manager regarding a request from Mr. Conrad Somers of 1813 Loch Lomond Road for a license to operate a paddle boat rental service at the City operated Lakewood Reservoir Beach being a public beach within the Little River watershed; advising the watershed is subject to various agreements with third parties none of which prohibit the City from operating a beach and permitting non- motorized watercraft to operate from the Beach; and submitting a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the City of Saint John grant a license to Mr. Conrad Somers, 1813 Loch Lomond Road, to operate a non-motorized watercraft rental service at the Lakewood Reservoir Beach, subject to the following terms and conditions; (a) the term of the license shall be July 9,2001 to September 30,2001; (b) the license fee shall be 6% of gross sales with no deduction for expenses; (c) the license fee earned up to August 15, 2001 shall be paid not later than August 31, 2001, the license fee earned after August 15, 2001 shall be paid not later than October 15, 2001 ; (d) the licensee shall upon request from the Director, Recreation & Parks present records of revenues for his inspection; (e) the hours of operation shall be as agreed to by the Director, Recreation & Parks; (f) the licensee may install docking facilities subject to the approval of the Director, Recreation & Parks; (g) the licensee shall comply with all Federal, Provincial and Municipal laws and regulations respecting the rental and operating of non-motorized watercraft; (h) the licensee shall keep in force public liability insurance of not less than $1,000,000 in which the City of Saint John is named as co-insured; (i) the licensee shall remove all equipment from Lakewood Reservoir Beach during non operating hours; U) the license may be suspended for cause by the Director, Recreation & Parks, and (k) Common Council may terminate the license for cause; and the Mayor and Common Clerk be authorized to execute the necessary agreement. Question being taken, the motion was carried. 23. Sublease Of Additional Space - 12th Floor. City Hall Read a report from the City Manager advising that, in 1998 a 3,200 sq. ft. portion of the 15th floor was subleased to The Night Shift Answering Service Ltd. now called Funeral Directors' Choice Answering Service (Directors' Choice); they have outgrown their space on the 15th floor and the owner of Directors' Choice has been negotiating with City staff and Revenue Properties Company Ltd. to sublease and lease additional space on either side of their existing premises; the City has 711 sq. ft. along the east side of the building and Revenue Properties has approximately 1,200 sq. ft. along the west side of the same floor; to accommodate their office during the renovations of the space on the 15th floor, Directors' Choice would like to sublease a 944 sq. ft. portion of the 14th floor (northeast corner not occupied by the PUB); and submitting a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John sublease a 711 square foot portion of the fifteenth floor of 15 Market Square (City Hall) to The Night Shift Answering Service Ltd. (Directors' Choice) for a term commencing September 1,2001 and ending August 31,2002 with an option to extend the term to November 30, 2002 on the terms and conditions contained in the submitted sublease; and the Mayor and Common Clerk be authorized to execute the submitted sublease: AND FURTHER that the City of Saint John sublease a 944 square foot portion of the fourteenth floor of 15 Market Square (City Hall) to The Night Shift Answering Service Ltd. (Directors' Choice) on a month to month basis commencing July 1, 2001 on the terms and conditions contained in the submitted sublease; and the Mayor and Common Clerk be authorized to execute the submitted sublease in this regard. 88-570 COMMON COUNCIL JULY 9, 2001 Question being taken, the motion was carried. 24. Amendment To Occupational Licence With Maritimes & Northeast Pipeline ManaQement Ltd. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John amend the Occupational License Agreement between the City of Saint John and Maritimes & Northeast Pipeline Management Ltd. by deleting the submitted Schedule 'A' titled "List of all streets highways under the administration and control of the City of Saint John affected by the pipeline" and insert the submitted Schedule 'A-01 '; and the Mayor and Common Clerk be authorized to execute the necessary documentation. Question being taken, the motion was carried. 25. Name ChanQe - Lakewood Avenue West On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council amend the list of Official Street Names by: (a) deleting Lakewood Avenue West, and (b) adding Mountain View Drive. Question being taken, the motion was carried. 26. Amendment To Agreement With Total Golf ManaQement Inc. - Rockwood Park Golf Course On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the report from the City Manager regarding an amendment to the agreement with Total Golf Management Inc. regarding the Rockwood Park Golf Course, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 27. Private AdvertisinQ SiQns Adiacent To Route 1 On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Manager advising that, further to Council's June 25, 2001 request for a report on the recent changes implemented by the Province for advertising signs along major highways, the Provincial Government prohibited all advertising signs within 500 metres of highways, such as Route #1; summarizing the new standards adopted by the Province, the limitations of which, effectively, would make little if any difference for the City, be received and filed. Question being taken, the motion was carried. 27A. Status ReportinQ - Charles Street RetaininQ Wall On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the additional costs associated with the engineering services and construction of the remaining Charles Street retaining wall, as outlined in the submitted report: 88-571 COMMON COUNCIL JULY 9, 2001 AND FURTHER that Jacques, Whitford and Associates Limited be retained for engineering services and that Fairville Construction Ltd. be retained to construct the remaining retaining wall as an addition to Contract 2001-4, if the contractor agrees to perform the work at the contract unit prices, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 27B. Response re Request for Use of Sydney Street ParkinQ Lot for Special Event Consideration was given to a report from the Deputy City Manager submitting correspondence from the Saint John Parking Commission in response to a request to Council for permission to use the Sydney Street parking lot adjacent to Union Street for an outdoor entertainment event on the evening of August 4, 2001; advising that the Parking Commission has reviewed the request and is willing to consent to the use of their property upon the terms and conditions set out in its letter of July 6, 2001 to the event sponsors; that the proposed site of the event also involves two City-owned lots and use of the parking lot is conditional upon Council's approval for use of the City properties (PID 55099808 and 55099816); and submitting a recommendation in this regard. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the Deputy City Manager, Common Council permit Roywend Enterprises Inc. (Rookies Billiards) and Mr. Wayne Melvin (Famous Canadian Pub) to use City owned properties (PID Numbers 55099808 and 55099816) for a live entertainment event August 4,2001 upon the same terms and conditions as specified by the Saint John Parking Commission; and the Mayor and Common Clerk be authorized to execute all related documents. Question being taken, the motion was carried. 28. Parking Meter By-law Amendment ParkinQ Lot On Union Street At Red Rose Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed Parking Meter By-law amendment, which was given first and second readings on June 25, 2001 and recommended by the Parking Commission following the completion of the parking lot on Union Street at Red Rose. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number M-118-14 A By-law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", with regard to the parking lot on Union Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number M-118-14 A By-law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", was read in its entirety. Question being taken, the motion was carried. 29. Re AnQies - 119-125 Prince William Street Consideration was given to a report from the City Solicitor outlining what has transpired since the City commenced proceedings in the Court of Queen's Bench of New Brunswick in February 2001 to seek an Order that would require 511260 N.B. Ltd. (Angies) as occupant and Jecom Holdings Ltd. as owner, to cease using or permitting 88-572 COMMON COUNCIL JULY 9, 2001 the use of the building at 119-125 Prince William Street as an adult entertainment facility; advising that subsequent to a May 29th Court hearing Angies, in separate legal proceedings, obtained an order that Jecom permit Angies to reoccupy the building and the Building Inspector has advised that Angies has started to again use the building as an adult entertainment facility; that based on the past conduct of Angies there isn't any reasonable expectation that Angies would comply with notices or order by the Building Inspector to an offender prior to commencing Court proceedings, the City may, if it desires, proceed directly to apply to Court under subsection 94(1)(a)(i) of the Community Planning Act for an order that would require that the adult entertainment facility use cease, and submitting a resolution in this regard. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the following resolution be adopted, namely: WHEREAS the property that is located at 119-125 Prince William Street (PID parcel number 11437) Saint John, N.B. is zoned Central Business (B-3) under the Saint John Zoning By-law, but the building that is located thereon is being used as an adult entertainment facility wherein some of the persons working therein appear nude or partially nude (the words "adult entertainment facility" and "partial nudity" are defined in the by-law); and WHEREAS the use of a property as an adult entertainment facility is not one of the uses that is permitted in a Central Business zone; THEREFORE BE IT RESOLVED that Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which will require 511260 N.B. Ltd. to cease using the building that is located at 119-125 Prince William Street, Saint John, N.B. as an adult entertainment facility and to refrain from such use in the future. Question being taken, the motion was carried. 30. Street ClosinQ Bv-Iaw Amendments re MacAulav Avenue The Mayor noted that Councillor Teed was absent from the public hearing held June 25, 2001 regarding this item. Councillor Teed expressed his disagreement with the need to withdraw from the Council Chamber, and thereupon withdrew. (Councillor Teed withdrew from the meeting.) On motion of Councillor Fitzgerald 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 stopping up and closing the following portion of highway: MacAULAY AVENUE - ALL that certain portion of a public street situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick having an area of 2,289 square metres and being designated as a "Portion of MacAulay Avenue" on a Plan of Survey showing a portion of MacAulay Avenue, City of Saint John, Province of New Brunswick prepared by Hughes Surveys & Consultants Ltd. and dated March 6, 2001 - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. 88-573 COMMON COUNCIL JULY 9, 2001 Question being taken, the motion was carried. (Councillor Teed re-entered the meeting.) 31. 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, June 25, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John sublease the 12th floor of 15 Market Square (City Hall) to Kinek Technologies Inc., for a term not exceeding 18 months, commencing July 1,2001 on terms and conditions contained in the submitted sublease, and the Mayor and Common Clerk be authorized to execute the sublease agreement. July 9, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 31.1. Sublease Of 12th Floor. City Hall On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 32. Planning Advisory Committee Street VestinQ - 120 Johnston Road On motion of Councillor Ball Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan of the Francis Johnston Estate at 120 Johnston Road, with respect to the vesting of approximately 124 square metres for the widening of Johnston Road. Question being taken, the motion was carried. 34. Senior Policy Advisor - Office Of Minister Of Labour East West HiQhwav I Atlantic Trade Corridor On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Senior Policy Advisor, Office of the Federal Minister of Labour, acknowledging Common Council resolution of April 2, 2001 regarding the East West Highway / Atlantic Trade Corridor, be received and filed. Question being taken, the motion was carried. 88-574 COMMON COUNCIL JULY 9, 2001 36. Festival By The Sea - Festival Sur Mer, Inc. Assemblv Of Reception Tent - KinQ's Square On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Wendy Northrup, President of the Board of Directors of Festival By The Sea - Festival Sur Mer, Inc., requesting permission to assemble the Festival reception tent in King's Square from August 10 to 18, 2001, be referred to the City Manager. Question being taken, the motion was carried. 37. Opposition To Re-ZoninQ Of 1197 Red Head Road Mayor McAlary stated the City Solicitor has advised by law that the letters and petitions submitted be received and filed, and not considered when the application to re-zone 1197 Red Head Road is brought back to Council. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letters submitted by Dorothy Sabean, Winnifred Trecartin, Pearl McGrath, and Judy Blair, the latter including petitions, in opposition to the re-zoning of 1197 Red Head Road, be received and filed: AND FURTHER the application for re-zoning of 1197 Red Head Road, which was tabled at the June 25, 2001 meeting of Council be considered at the next meeting of Council. Councillor Trites questioned the City Solicitor if it was his understanding when the application for re-zoning of 1197 Red Head Road was tabled by Council on June 25, 2001 that he was to bring back a report to Council on the matter to which Mr. Nugent responded in the negative. Mayor McAlary noted the only way the item could be placed on the agenda is to have the item lifted from the table as the resolution of June 25, 2001 did not specify a date for it to return to Council. Question being taken, the motion was carried with Councillor Teed voting "nay". 38. Horst SauerteiQ - Fundv ReQion Solid Waste Commission On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Horst Sauerteig referring to the matter of the Fundy Region Solid Waste Commission's expenditures in the host community and the submitted copy of a letter from the Attorney General of New Brunswick suggesting that he could commence an action against the Commission to seek a determination as to whether or not the Commission acted in a manner contrary to law; and asking Common Council to authorize the City Solicitor to commence legal proceedings to determine if the Commission between December 1999 and about the middle of 2001 did spend, without legal authorization, approximately $250,000 in the so-called host communities, instead of using this fund, as required by the Crane Mountain EIA approval conditions for public access to and enjoyment of portions of the site not dedicated to waste management, be received and filed. Question being taken, the motion was carried. 40. NB Adventure Racers - Financial Support On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from NB Adventure Racers, submitting a corporate sponsorship package, requesting financial support for Team NB Adventure Racers who will be competing in the Discovery Channel 88-575 COMMON COUNCIL JULY 9, 2001 World Championship of Adventure Racing in the Swiss Alps commencing August 31, 2001, be received and filed and the request be denied due to budgetary constraints, and Council extend best wishes to all the participants. Question being taken, the motion was carried. 41. Wendy and Gary Myles - In Appreciation For Assistance At Harbour Station Event On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Wendy and Gary Myles offering their compliments to those from the City of Saint John who were involved with their gathering on June 14 through 17 at Harbour Station for a motor home rally, and thanking the Mayor's Office, Margaret Spencer of Tourism, Tom White and staff of the Saint John Fire Department, Mike Caddell and staff of Harbour Station, Wayne Thorne and staff of Saint John City Transit and all those who were behind the scenes, be received and filed. Question being taken, the motion was carried. Adiournment The Mayor, in adjourning the meeting, noted that the next regular meeting of Council in open session was scheduled for July 23,2001 at 7:00 o'clock p.m.. Common Clerk