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2002-10-15_Minutes 89-313 COMMON COUNCIL OCTOBER 15, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fifteenth day of October, AD. 2002, at 7:00 o'clock p.m. present Carl White, Deputy Mayor Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. A Poffenroth, By-law Enforcement Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Deputy Mayor White called the meeting to order and offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the minutes of the meeting of Common Council, held on October 7,2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the agenda of this meeting be approved Question being taken, the motion was carried. 4 & 4A. Land/LeQal/Labour Items On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that agenda items 4 and 4A, being a letter from the City Solicitor regarding departmental issues and a letter from CUPE Local 18 regarding a grievance, respectively, be referred to Committee of the Whole. Question being taken, the motion was carried. Deputy Mayor White called for a motion to consider item 10 on the agenda. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that item 10.be considered at this time. 89-314 COMMON COUNCIL OCTOBER 15, 2002 Question being taken, the motion was carried. 10. Proclamations Deputy Mayor White advised that Mayor McAlary has proclaimed Thursday, October 17, 2002 as International Day for the Eradication of Poverty, this being the tenth anniversary of the proclamation by the United Nations, and October 14 to 20, 2002 as Public Libraries Week in the City of Saint John, and recognized the presence at the meeting of Ian Wilson and Barbara Malcolm, representing the Saint John Free Public Library. 11. Response To Request For City To Partner In Skateboard Park In Red Head Read a report from the City Manager further to the September 3, 2002 request of Carole Keddy, MLA Saint John - Champlain, for the City to cost share the construction of a skateboard park in the Red Head Subdivision. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council (1) advise Carole Keddy MLA, that the request to provide Land for Public Purposes Funds for a skateboard park in Red Head does not meet the Land For Public Purposes expenditure guidelines as there is no community financial commitment, and (2) inform Ms. Keddy that a community group is actively involved in planning a skateboard facility and is seeking community and other financial sponsors, and request that she consider providing support to this committee, and (c) a copy of this report be forwarded to Carole Keddy, MLA Question being taken, the motion was carried. 12. Response To Letter Re Ongoing Development At 77 Golden Grove Road On motion of Councillor Court Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to the letter to Council on September 30, 2002 from Edgar Malley of 69 Ashton Place regarding an ongoing development at 77 Golden Grove Road in which he suggested that some misrepresentations may have been made to City staff by the developer of that property and expressed concern that the development was different from that which was proposed and that surface drainage in the area might be compromised as a result, the developer at 77 Golden Grove Road is proceeding with construction of his buildings and has, to date, obtained all the necessary approvals, be received and filed and a copy be forwarded to Mr. Malley. Question being taken, the motion was carried. 13. Status Of FundinQ Of Infrastructure ProQram On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager updating Council on the status of funding for the City of Saint John under the current Canada/New Brunswick Infrastructure Program; and recommending that Common Council authorize staff to pursue the proposed funding arrangement with the Province as outlined in the analysis section of this report with the understanding that staff will report back to Council with the final funding agreement for Council's approval, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 89-315 COMMON COUNCIL OCTOBER 15, 2002 14. MillidQeville Wastewater Treatment Plant Expansion On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the report from the City Manager providing follow-up information in response to a question at the last Council meeting regarding the method of engagement for engineering services for design and construction management of the Millidgeville wastewater treatment plant expansion project, be received and filed. Question being taken, the motion was carried. 5. Notice To Appear Re BuildinQ At 151 Wentworth Street Notice had been given to Rhonda Redfern and CIBC Mortgage Corporation to appear to show cause, if any, why Common Council should not find the Redfern building located at 151 Wentworth Street (PID Number 5173) to be in a dangerous and unsightly condition, and also to require Rhonda Redfern to remedy the condition, within such time as Common Council may set, by either (1) demolishing the Redfern 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 necessary work described in the inspection report as being necessary to restore the Redfern building to such a condition that it is no longer dangerous. Consideration was given to a report from the City Manager advising that the building located on the property at 151 Wentworth Street is a three-storey wood frame structure which has been vacant since December 2001 and has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition and a potential danger to neighbours and children in the immediate vicinity, as well as any transients and emergency personnel; also advising that the building had been open to the public at three points of entry until City staff, at Council's direction, secured the building in August of this year; and further advising that a title search indicated that the property is owned by Rhonda Redern and the Notice to Appear, as staff was unsuccessful in its attempts to serve her with it, was left in the mailbox at her home, with copies mailed to her home address in Bedford, NS and an address on Rothesay Avenue listed for the property, and that a copy of the Notice was served to Linda Evans of CIBC Mortgage Corporation, which holds a mortgage on the property. The report includes a copy of the Notice to Appear, as well as a report from By-law Enforcement Officer Amy Poffenroth setting out the particulars of the condition of the building, a letter from Divisional Chief of Fire Protection, Investigation & Training Mark Gillan, and a letter from Assistant Deputy Chief of Police Brian Fillmore; and recommends adoption of the submitted resolution instructing the Building Inspector to serve notice upon the owner giving the option of either demolishing the building and removing the debris or carrying out the work as noted and, in the event the owner does not comply with the notice, directing the Building Inspector to apply to the Court of Queen's Bench of New Brunswick for an order which would (a) require the owners to either demolish the building and remove the debris or carry out the work as noted and, in the event that the owners did not comply with the Court order, (b) authorizing the City of Saint John to cause the building to be demolished and the debris removed at the expense of the owner. Mr. Edwards related his Department's involvement with the subject property from 1995, expressing the view that the building now was beyond the point of any kind of sensible repair and referring to photographs through a computer-aided presentation, as well as to photographs submitted with the above report from the City Manager, to explain the condition of the building as indicated in the above report from the City Manager. Mr. Edwards read a letter from Rhonda Redfern, which he advised was received on Thursday of the past week in response to the Notice to Appear and was the first response his Department had received from this property owner in the time it had been dealing with her, advising that the building was now secure against entry, with all windows and doors boarded up, the grounds cleaned up and the debris removed, and at this time she was pursuing quotations to address the items referred in the Notice to Appear and several others which would return the property to a livable condition and also advising that the building, while untidy in appearance because of the inability to find tenants, was structurally sound and certainly most repairable and it was her intention to 89-316 COMMON COUNCIL OCTOBER 15, 2002 continue ownership and have the building renovated and operational in due course. Mr. Edwards commented on Ms. Redern's letter, noting that the City of Saint John secured the building and removed the debris around the front yard, and pointed out conditions in the building that would question her statement that it was structurally stable; expressed the belief that the building has been allowed to deteriorate over a number of years, particularly in the last two, where it was not economically feasible to repair it and the only reasonable course of action was demolition; however, should the owner wish to repair the building, the resolution submitted with the City Manager's report would provide that opportunity in that, if Council were to adopt it, it would allow Rhonda Redfern to, within fifteen days, make repairs to the building or demolish it and remove the debris, in default of which the Building Inspector would be authorized to make an application to the Court of Queen's Bench for an order which would require the owner to either repair or demolish the building within a timeframe as determined by the Court and then, in default of which, the City would be authorized to effect demolition and be entitled to a judgement for the costs. Mr. Edwards asked Council to adopt the submitted resolution to position the City of Saint John such that, if the building continued to deteriorate and no repairs were done, the City would be able to remove what he believed to be a hazard to the South End community in a fairly timely basis. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Rhonda Redfern to be the registered owner of the freehold title to the parcel of land (herein called "the Redfern property") that is located at 151 Wentworth Street, Saint John, N.B. The Redfern property is designated by Service New Brunswick as PID Parcel Number 5173 on the portion of the PLANET map that was submitted as Schedule "B". The Redfern property is more particularly described in the Schedule "A" that was submitted. The PLANET parcel information report that was submitted as Schedule "C", and the PLANET property assessment information report that was submitted as Schedule "D", show Rhonda Redfern to be the owner of the Redfern property; AND WHEREAS the Redfern 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 the three storey wood frame building (herein called "the Redfern building") shown on the submitted Schedule "E" is located on the Redfern property and is, contrary to the By-law, in a dangerous and unsightly condition as a result of dilapidation or deterioration. Submitted as Schedule "F" was a copy of a report, dated July 19, 2002, by Amy Poffenroth, P.Eng., By-law Enforcement Officer for The City of Saint John, with respect to her inspection of the Redfern building on July 4, 2002, wherein she describes the following interior and exterior dangerous and unsightly conditions that she observed. . There is no interior lighting, . The rear shed/ell portion of the building is deteriorated and rotted and pulling away from the main structure, indicating structural problems, . Chimney bricks have fallen at the rear of the building, . The interior of the building has been extensively vandalized, . The floors and stairs are littered with a considerable amount of debris, creating a condition where people may trip and fall, and the basement is full of garbage, . Materials are hanging from some ceilings and portions of some ceilings are in danger of collapse, . Some floors have holes in them and other floors have portions missing from them, . The interior stairs are deteriorated to the extent that they are dangerous, . The glass in some of the windows is missing or broken and there is a danger that glass will fall upon persons passing by, . The yard is littered with garbage and debris, . The exterior appearance of the Redfern building is unsightly as a result of deterioration and broken windows; 89-317 COMMON COUNCIL OCTOBER 15, 2002 AND WHEREAS, after having considered (a) the inspection report by Amy Poffenroth, P.Eng., that was dated July 19, 2002, and was submitted as Schedule "F", (b) the report by the City Manager and others that was dated October 10,2002, and was submitted as Schedule "H" and (c) the report from Mark Gillan, Divisional Chief, Saint John Fire Department, that was dated August 12,2002, and was submitted as Schedule "I", and (d) the report from Brian Fillmore, Assistant Deputy Chief of the Saint John Police Force, that was dated July 25,2002, and was submitted as Schedule "J", 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 Redfern building is deteriorated or dilapidated so as to be, contrary to the By-law, in a dangerous and unsightly condition: BE IT RESOLVED that Rhonda Redfern is hereby required to, within 15 days after a notice from the Building Inspector is served on her in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Redfern building by either demolishing the Redfern building and removing all of the debris and other unsightly items from the Redfern property or by carrying out the following work after having received a building permit from the Saint John Building Inspector to do so: (1) Determine the cause of any structural problems and carry out such work as is needed to make the building structurally sound so that the building is capable of sustaining safely its own weight and any additional weight that may be put on it by normal use, and (2) Repair the chimney, and (3) Remove the litter from the stairs and floors, and (4) Repair the ceilings, and (5) Repair the floors, and (6) Remove the broken glass from the windows and around the building, and repair or replace the windows or cover them with materials that have a uniform appearance (7) Replace the fire escape stairs or repair them so that they are capable of sustaining safely their own weight and any additional weight that may be put on them by normal use (8) Replace any missing or loose bricks, and (9) Remove the garbage and debris from the basement and the yard, and (10) Carry out such work as is needed to remedy the unsightly condition: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Rhonda Redfern, in accordance with section 190(4) of the Municipalities Act, a notice that requires Rhonda Redfern to, within 15 days of being served, remedy the dangerous and unsightly condition of the Redfern building and the Redfern property by either demolishing the Redfern building and removing all of the debris and other unsightly items from the Redfern property or by carrying out the aforesaid work. BE IT FURTHER RESOLVED that in the event that Rhonda Redfern does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require Rhonda Redfern to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the Redfern building by either demolishing it and removing the debris from the Redfern property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the Redfern building to be demolished and the debris removed at the expense of Rhonda Redfern in the event that Rhonda Redfern does not comply with the Order. During discussion Mr. Nugent commented in terms of the City's initiative in seeking a legislative amendment that would address some of the difficulties of recovering costs and the City's place in terms of priority in charges against such properties, one suggestion made to the Province by City staff being that, with respect to mortgages, the City's claims based upon any costs to be incurred in demolishing a property should the owner not demolish it stand in priority to the charges that may be placed on the property by prior mortgages. Question being taken, the motion was carried. 89-318 COMMON COUNCIL OCTOBER 15, 2002 6. Notice To Appear Re BuildinQ At 247-249 Rockland Road Notice had been given to Philip Huggard Properties Ltd. to appear to show cause, if any, why Common Council should not find the Huggard building located at 247-249 Rockland Road (PID Number 25932) to be in a dangerous and unsightly condition, and also to require Philip Huggard Properties Ltd. to remedy the condition, within such time as Common Council may set, by either (1) demolishing the Huggard 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 necessary work described in the inspection report as being necessary to restore the building to such a condition that it is no longer dangerous. Consideration was given to a report from the City Manager advising that the building located at 247-249 Rockland Road is a three-storey wood frame structure which has been vacant since February 2002 and has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition and a potential danger to neighbours and children in the immediate vicinity as well as any transients and emergency personnel; also advising that the owner has been made aware of the right to appear at this meeting of Common Council, having been served with the Notice to Appear and the supporting documents, the Notice also having been posted on the building at 247-249 Rockland Road; submitting a copy of the Notice to Appear, as well as a report from By-law Enforcement Officer Amy Poffenroth setting out the particulars of the condition of the building, a letter from Divisional Chief of Fire Protection, Investigation & Training Mark Gillan, and a letter from Assistant Deputy Chief of Police Brian Fillmore; and recommending adoption of the submitted resolution instructing the Building Inspector to serve notice upon the owner giving the option of either demolishing the building and removing the debris or carrying out the work as noted and, in the event the owner did not comply with the notice, directing the Building Inspector to apply to the Court of Queen's Bench of New Brunswick for an order which would (a) require the owner to either demolish the building and remove the debris or carry out the work as noted and, in the event that the owner did not comply with the Court order, (b) authorize the City of Saint John to cause the building to be demolished and the debris removed at the expense of the owner. Consideration was also given to a letter from Philip Huggard, President of Philip Huggard Properties Ltd., asking Council to consider the points as set out in that, if Council would give him six months to work on the building to rectify all the items in the By-law Officer's report and to meet all safety codes, there would be fourteen more units of low-rental housing and a sound tax base for many years. Mr. Edwards, through a computer-aided presentation including photographs of the building located at 247-249 Rockland Road, apprised Council of the dangerous and unsightly condition of the building with which his Department had been dealing since 1996; advised that the building has suffered from a very serious lack of maintenance and, in addition, has some significant structural and electrical problems, and has been open to the public for a very long period and fallen victim to vandals, attracting problems for the Police and Fire Departments; and expressed the belief that Philip Huggard, who owns and manages a number of properties in the City and who purchased the building in August 2002, has the expertise and resources necessary to either repair or demolish the building, noting Mr. Huggard's presence at the meeting. Mr. Edwards advised that the City has some safeguards in place with regard to this building in that his Department was working closely with the Electrical Inspector to ensure that no electricity is provided to the building until such time as it is up to Code and, similarly, he has requested that the City's Water Utility not provide water to the building until such time as he is satisfied that the building is safe in that, once there was water and electricity, there could obviously be tenants. Mr. Edwards also advised that, while he thought Mr. Huggard could repair the building, in the event that he could not or in the face of something unforeseen, he would like the City to be in a position where it could take the necessary action to protect the community, and asked Council to adopt the resolution submitted with the above report from the City Manager which would position the City, in the event something went astray, to effect demolition. Mr. Edwards made the observation that, if Council passed the resolution and the City made application to Court and if by the time the City got to Court the current owner was making a sincere effort to repair the building, the City would ask the Court to give the owner an extended period of time to make the repairs, which could be six months or something that could be negotiated ahead of time with the owner, or ask that the Court simply adjourn for three or 89-319 COMMON COUNCIL OCTOBER 15, 2002 four months until the City could make another assessment. Mr. Edwards added that, while he would not recommend it but in the event Council wanted to give Mr. Huggard an extended period of time, the City Solicitor has provided an alternative resolution (copies of which were distributed to the Council members at this meeting) which Council might want to consider adopting. At the request of Deputy Mayor White, Mr. Nugent commented on the basis of Council proceeding with the Building Inspector's recommendation which would provide the owner of the property with a fifteen-day period after receiving the notice from the Building Inspector to either demolish the building or remedy the problems on the one hand, or to adopt a resolution which would result in the Building Inspector ordering the property owner to secure the building and complete the renovations or demolish the building over a longer period of time; and expressed the view that, as the Building Inspector has concerns as to the size of the task and the practicability of rehabilitating the property, it would be appropriate for Council to hear from the representative of the owner at this time. Philip Huggard of 16 Peters Street, President of Philip Huggard Properties Ltd., related his experience in the City as a rental property owner referring to letters of reference from three tenants included with his above letter, as well as the economic benefits to the City from his various properties; and advised that, in order to discourage vandals, he has obtained an electrical permit which allowed him to put outside lighting on the subject building and also to light up the inside so that his carpenters and painters could work safely and he has also secured the entrances against casual entry and in the coming week it was his intent to have several workmen examine the building for structural failures about which the Building Inspector spoke and after that to have a structural engineer give an opinion on the building and present that report to the Building Inspector's office. Mr. Huggard also advised that he would give extra attention to securing the building and would propose putting a temporary fence around it and also scheduled in the next two weeks was working at removing any debris and reactivation of the water supply in order to have a furnace to heat the building so that it could be worked on during the winter, and that later there would be electrical work and rehabilitation of each apartment and, in assuring Council that every item in the Building Inspector's report would be rectified, requested more than fifteen days in which to do so. In response to a question as to how long it would take to redeem the building to reasonable usability, Mr. Huggard advised that it would be so by May 1, 2003 at the latest, and he indicated that he would prefer that the resolution submitted in the City Manager's above report be amended, as suggested by Councillor Trites, by adding to the first part of the resolution after the work indicated in (10), that the Building Inspector is hereby appointed, "after a further report to Council", to serve upon Huggard, in accordance with section 190(4) of the Municipalities Act, a notice that requires Huggard to, within 15 days of being served, remedy the dangerous and unsightly condition of the Huggard building and the Huggard property by either demolishing the Huggard building and removing all of the debris and other unsightly items from the Huggard property or by carrying out the aforesaid work. As to the difference between the resolution included in the City Manager's report and that provided by the City Solicitor, Mr. Nugent advised that the purpose of such resolutions was to give clear direction to an owner as to what his obligations were as Council had determined them and if, for example, there was a resolution that indicated that the owner was obliged to keep the property secure and giving the owner a number of months to rehabilitate the property and remedy the problems the Building Inspector had identified, then the owner would necessarily have that full period of time and, if the owner stood before Council and made representation that he was going to have all the work done in, for example, six months and then after five months nothing was done the City would still be required to wait that additional month before it could take action; so, in every case, Council has to exercise judgement as to how capable and committed it feels an owner is to undertake the work. Mr. Nugent expressed the view that, as indicated by Councillor Trites, there may be a bit of ground here that would allow the owner a relatively short opportunity to provide a tangible expression of both his commitment and his ability to proceed with the rehabilitation and then for a report to come back from the Building Inspector and, if the owner were agreeable to that process, then Council would finally determine how it was prepared to proceed with the initiative of having this building rehabilitated or demolished. Mr. Huggard advised his understanding of the City Solicitor's comments to the effect that it would mean shortening the time period to perhaps two months and the Building Inspector would let him work but, if nothing were done in that shorter period, the Building 89-320 COMMON COUNCIL OCTOBER 15, 2002 Inspector would then come back to Council and advise Council accordingly and recommend proceeding with the action; and indicated that he was comfortable with that. Mr. Nugent added that, if there were a concern as to the structural integrity of the building and therefore the practical prospect of actually rehabilitating it, that might be something that would be determined very quickly and obviously, if it were determined that it was not practical, then the move should be made to tear it down immediately; so, in terms of timing, the Building Inspector might want Mr. Huggard to provide some indication of how long it would be reasonably expected that that sort of information would be available to the Building Inspector, and Mr. Huggard indicated that that would be the first thing he would be looking at and it would be known in a month and a half or 45 days. Mr. Edwards advised that, what was proposed by Councillor Trites and agreed to in principle by Mr. Huggard, was satisfactory to him, although he would insist that, during the period of 45 days if that was what Council chose, at all times that the building is secure from unauthorized persons. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the following resolution be adopted, namely: WHEREAS the Certificate of Registered Ownership (Form 47) issued by the Registrar of Land Titles on September 5, 2002, certifies that Philip Huggard Properties Ltd. (herein referred to as "Huggard") to be the registered owner of the parcel of land (herein referred to as "the Huggard property) that has parcel identifier 25932, and holds the title in fee simple. The said parcel of land is located at 247-249 Rockland Road, Saint John, N.B. The Huggard property is designated as Parcel Number 25932 on the portion of the PLANET map that was submitted as Schedule "B". The Huggard property is more particularly described in the Schedule "A" that was submitted. The PLANET parcel information report that was submitted as Schedule "C" shows Huggard to be the owner of the Huggard property; AND WHEREAS the Huggard 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 the three storey wood frame building (herein called "the Huggard building") shown on the submitted Schedule "D" is located on the Huggard property and is, contrary to the By-law, in a dangerous and unsightly condition as a result of dilapidation or deterioration. Submitted as Schedule "E" was a copy of a report, dated June 13, 2002, by Amy Poffenroth, P.Eng., By-law Enforcement Officer for The City of Saint John, with respect to her inspection of the Huggard building on May 28, 2002, wherein she describes the following exterior and interior dangerous and unsightly conditions that she observed: . there is no interior lighting; . there are several indications of structural problems, such as floors that are significantly sloped in various areas and exterior walls that are bulged, bowed, and/or buckled. Portions of the foundation are cracked and shifting; . the interior of the building has been extensively vandalized; . the floors and stairs are littered with a considerable amount of debris, creating a condition where people may trip and fall; . portions of ceilings have fallen or are in danger of collapse; . the interior and exterior fire escape stairs are dangerous as a result of deterioration; . some windows are boarded over but other windows are broken or missing; . glass litters the walkway around the building; . the front deck has holes and loose boards; . the steel beam supporting the front walkway is deteriorated; . the exterior appearance of the Huggard building is unsightly as a result of deterioration and broken windows; . the building is open to easy entry by persons, whether authorized or not; AND WHEREAS, contrary to the By-law, the Huggard building is in a dangerous and unsightly condition as a result of deterioration or dilapidation; 89-321 COMMON COUNCIL OCTOBER 15, 2002 AND WHEREAS, after having considered (a) the inspection report by Amy Poffenroth, P.Eng., that was dated June 13, 2002, and was submitted as Schedule "E", (b) the report by the City Manager and others that was dated October 10,2002, and was submitted as Schedule "G", and (c) the report from Mark Gillan, Divisional Chief, Saint John Fire Department, that was dated August 12,2002, and was submitted as Schedule "H", and (d) the report from Brian Fillmore, Assistant Deputy Chief of the Saint John Police Force, that was dated July 25,2002, 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 Huggard building is deteriorated or dilapidated so as to be in a dangerous and unsightly condition: BE IT RESOLVED that Huggard is hereby required to, within 15 days after a notice from the Building Inspector is served on it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Huggard building by either demolishing the Huggard building and removing all of the debris and other unsightly items from the Huggard property or by carrying out the following work after having received a building permit from the Saint John Building Inspector to do so: (1) determine the cause of any structural problems and carry out such work as is needed to make the building structurally sound so that the building is capable of sustaining safely its own weight and any additional weight that may be put on it by normal use, and (2) repair the foundation, and (3) remove the litter from the stairs and floors, and (4) repair the ceilings, and (5) replace the fire escape stairs or repair them so that they are capable of sustaining safely their own weight and any additional weight that may be put on them by normal use, and (6) remove the broken glass from the windows and around the building, and repair or replace the windows or cover them with materials that present a uniform appearance, and (7) repair or replace the stairways and walkways, and any loose handrails, and (8) replace or repair the decks and their handrails and railings, as well as the steel beam under the walkway to the front door, and (9) secure the doors and any other possible openings from unauthorized entry with materials that present a uniform appearance, and (10) carry out such work as is needed to remedy the unsightly condition of the property: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed, after a further report to Council by November 30, 2002, to serve upon Huggard, in accordance with section 190(4) of the Municipalities Act, a notice that requires Huggard to, within 15 days of being served, remedy the dangerous and unsightly condition of the Huggard building and the Huggard property by either demolishing the Huggard building and removing all of the debris and other unsightly items from the Huggard property or by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event that Huggard does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require Huggard to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the Huggard building by either demolishing it and removing the debris from the Huggard property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the Huggard building to be demolished and the debris removed at the expense of Huggard in the event that Huggard does not comply with the Order. Question being taken, the motion was carried. 7. Notice To Appear Re BuildinQ At 210-214 Main Street Notice had been given to 507258 N.B. Ltd., Royal Bank of Canada, Lorne E. Peters and Terry Peters and Irving Oil Limited to appear to show cause, if any, why Common Council should not find the building located at 210-214 Main Street (PID Number 374249) to be in a dangerous and unsightly condition, and also to require 89-322 COMMON COUNCIL OCTOBER 15, 2002 507258 N.B. Ltd. to remedy the condition, within such time as Common Council may set, by either (1) demolishing the 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 necessary work described in the inspection report as being necessary to restore the building to such a condition that it is no longer dangerous. Consideration was given to a report from the City Manager advising that the building located at 210-214 Main Street is a three-storey wood frame structure that has been vacant since April 2002 and has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition and a potential danger to neighbours and children in the immediate vicinity as well as any transients and emergency personnel; also advising that the building had been open to the public until the Saint John Fire Department secured it after a deliberate fire in August of this year; and also advising that, having made every attempt to serve William Redfern, the Director of the numbered company, with the Notice to Appear and was unsuccessful, the Notice was left in the mailbox at his home, copies of it were mailed to his home address in Bedford, NS,an address on Rothesay Avenue preciously listed for the numbered company, and a law office on the 15th floor of City Hall, a location identified by Service New Brunswick for the numbered company, and the Notice was also posted on the building at 210-214 Main Street and copies of it were also served to the following mortgagees: Mike Belliveau of the Royal Bank of Canada, Lorne Peters and Terry Peters, as well as to Tanya Bath of Irving Oil Limited because of an outstanding judgement in favour of Irving Oil Limited. The report includes a copy of the Notice to Appear, as well as a report from By-law Enforcement Officer Amy Poffenroth setting out the particulars of the condition of the building, a letter from Divisional Chief of Fire Protection, Investigation & Training Mark Gillan, and a letter from Assistant Deputy Chief of Police Brian Fillmore; and recommends adoption of the submitted resolution instructing the Building Inspector to serve notice upon the owners giving them the option of either demolishing the building and removing the debris or carry out the work as noted and, in the event the owners did not comply with the notice, directing the Building Inspector to apply to the Court of Queen's Bench of New Brunswick for an order which would (a) require the owners to either demolish the building and remove the debris or carry out the work as noted and, in the event that the owners did not comply with the Court order, (b) authorizing the City of Saint John to cause the building to be demolished and the debris removed at the expense of the owners. Mr. Edwards, referring to photographs of the subject building through a computer-aided presentation, apprised Council of the background from the time his Department began discussions in 1996 with the previous owner related primarily to minimum property standards conditions, unsightliness, garbage, debris and general untidiness of the whole building, both inside and out, and read a letter from solicitors Anderson MacWilliam LeBlanc MacDonald representing the Royal Bank of Canada to Solicitor Bernard Cullinan, which he advised was received on Thursday, indicating that, as the Bank was not an owner of the subject property but only a mortgagee, the Bank would not be appearing at the hearing scheduled for October 15, 2002. Mr. Edwards reviewed the photographs, describing the condition of the building in question, and requested Council to adopt the resolution included in the City Manager's report. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show 507258 N.B. Ltd. to be the registered owner of the freehold title to the parcel of land (herein called "the subject property") that is located at 210-214 Main Street, Saint John, N.B. The subject property is designated by Service New Brunswick as PID Parcel Number 374249 and is shown on the portion of the PLANET map that was submitted as Schedule "B". The subject property is more particularly described in the Schedule "A" that was submitted. The PLANET parcel information report that was submitted as Schedule "C", and the PLANET property assessment information report that was submitted as Schedule "D", show 507358 N.B. Ltd. to be the owner of the subject property; 89-323 COMMON COUNCIL OCTOBER 15, 2002 AND WHEREAS the subject 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 the three storey wood frame building (herein called "the subject building") shown on the submitted Schedule "E" is located on the subject property and is, contrary to the By-law, in a dangerous and unsightly condition as a result of dilapidation or deterioration. Submitted as Schedule "F" was a copy of a report, dated July 8,2002, by Amy Poffenroth, P.Eng., By-law Enforcement Officer for The City of Saint John, with respect to her inspection of the subject building on May 28, 2002, wherein she describes the following exterior and interior dangerous and unsightly conditions that she observed: . The building is open to easy entry by persons, whether authorized or not, . There is no interior lighting, . There has been extensive damage due to vandalism and a fire, . There are several indications of structural problems, such as floors that are sloped and walls that are bulging, . The floors and stairs are littered with garbage and debris, . Some exits are obstructed by debris, . Portions of ceilings have fallen or are in danger of collapse, . Windows are either missing glass or have broken glass that may fall and injure persons passing by the building, . The exterior appearance of the subject building is unsightly as a result of deterioration and broken windows; AND WHEREAS, after having considered (a) the inspection report by Amy Poffenroth, P.Eng., that was dated July 8,2002, and was submitted as Schedule "F" , (b) the report by the City Manager and others that was dated October 1 0, 2002, and was submitted as Schedule "H" and (c) the report from Mark Gillan, Divisional Chief, Saint John Fire Department, that was dated August 12, 2002, and was submitted as Schedule "I", and (d) the report from Brian Fillmore, Assistant Deputy Chief of the Saint John Police Force, that was dated July 25, 2002, and was submitted as Schedule "J", 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 subject building is, contrary to the By-law, deteriorated or dilapidated so as to be in a dangerous and unsightly condition: BE IT RESOLVED that 507258 N.B. Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is served on it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the subject property by either demolishing the subject building and removing all of the debris and other unsightly items from the subject property or by carrying out the following work after having receiving a building permit from the Saint John Building Inspector to do so: (1) Determine the cause of any structural problems and carry out such work as is needed to make the building structurally sound so that the building is capable of sustaining safely its own weight and any additional weight that may be put on it by normal use, and (2) Repair the ceilings, and (3) Remove the litter from the stairs and floors, and provide clear access to all the exits, and (4) Remove the broken glass from the windows and repair or replace the windows or cover them with materials that have a uniform appearance, and (5) Restore the exterior of the building to a condition that is no longer unsightly, and (6) Secure the building against unauthorized entry: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon 507258 N.B. Ltd., in accordance with section 190(4) of the Municipalities Act, a notice that requires 507258 N.B. Ltd. to, within 15 days of being served, remedy the dangerous and unsightly condition of the subject building and the subject property by either demolishing the subject building and removing all of the debris and other unsightly items from the subject property or by carrying out the aforesaid work: 89-324 COMMON COUNCIL OCTOBER 15, 2002 BE IT FURTHER RESOLVED that in the event that 507258 N.B. Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require 507258 N.B. Ltd. to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the subject building by either demolishing it and removing the debris from the subject property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the subject building to be demolished and the debris removed at the expense 507258 N.B. Ltd. in the event that 507258 N.B. Ltd. does not comply with the Order. Question being taken, the motion was carried. 8. Notice To Appear Re BuildinQ At 224-228 Main Street Notice had been given to League Savings and Mortgage Company, and Irving Oil Limited, and Lorne E. Peters and Terry Peters, and Standards Machinery and Equipment Company Limited, to appear to show cause, if any, why Common Council should not find the building located at 224-228 Main Street (PID Number 374256) to be in a dangerous and unsightly condition, and also to require League Savings and Mortgage Company to remedy the condition, within such time as Common Council may set, by either (1) demolishing the 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 necessary work described in the inspection report as being necessary to restore the building to such a condition that it is no longer dangerous. Consideration was given to a report from the City Manager advising that the building located at 224-228 Main Street is a three-storey wood frame structure that has been vacant since December 2001 and has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition and potential danger to neighbours and children in the immediate vicinity as well as any transients and emergency personnel, and also that recent staff inspections revealed that the building was accessible to the public by way of two entry points; also advising that the Notice to Appear was served to Roger Hicks, CEO of League Savings and Mortgage Company, copies of the Notice were served on the mortgagees, and a copy of the Notice was also posted on the building; submitting a copy of the Notice to Appear, as well as a report from By-law Enforcement Officer Amy Poffenroth setting out the particulars of the condition of the building, a letter from Divisional Chief of Fire Protection, Investigation & Training Mark Gillan, and a letter from Assistant Deputy Chief of Police Brian Fillmore; and recommending adoption of the submitted resolution instructing the Building Inspector to serve notice upon the owners giving them the option of either demolishing the building and removing the debris or carry out the work as noted and, in the event the owners did not comply with the notice, directing the Building Inspector to apply to the Court of Queen's Bench of New Brunswick for an order which would (a) require the owners to either demolish the building and remove the debris or carry out the work as noted and, in the event that the owners did not comply with the Court order, (b) authorizing the City of Saint John to cause the building to be demolished and the debris removed at the expense of the owners. Mr. Edwards, through a computer-aided presentation including photographs of the subject building, apprised Council of the dangerous and unsightly condition of the building as indicated in the above correspondence, his Department having been corresponding with the various owners since 1994; advised that the building was currently open, staff from his Department having been able to gain access to the interior of it through a rear door last week and through a front door today; and read a letter from League Savings and Mortgage Company regarding the Notice to Appear, which he advised he received by facsimile earlier this date, confirming that (1) the property was currently vacant and all exterior doors have been secured and the property is inspected on a regular basis by its local Property Manager; (2) League was in the process of having windows boarded up to restrict access to the building, and this work should be completed by October 17,2002; (3) League was actively negotiating the sale of the property and expected to conclude an agreement by October 31; and (4) requesting that the interior work identified in the inspection report be deferred until it concluded a sale of the property since the purchaser was aware of the work required; advising that League was aware of the hazards involved and the vandalism and would assure that it would take all appropriate measures to ensure public safety; and asking for an indication of the necessity to have a representative at the October 15, 2002 Council 89-325 COMMON COUNCIL OCTOBER 15, 2002 meeting. Mr. Edwards advised that, although he attempted to contact League, he was unsuccessful and, subsequently, he received a call from a City lawyer representing League who asked if he would like him to appear and he explained to the lawyer that it was entirely up to him if he wanted to make representation and also explained that he would be asking Council to consider the resolution irrespective of what representations were made. (Councillor Court withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show League Savings and Mortgage Company to be the registered owner of the freehold title to the parcel of land (herein called "the League property") that is located at 224- 228 Main Street, Saint John, N.B. The League property is designated by Service New Brunswick as PID Parcel Number 374256 and is shown on the portion of the PLANET map that was submitted as Schedule "B". The League property is more particularly described in the Schedule "A" that was submitted. The PLANET parcel information report that was submitted as Schedule "C", and the PLANET property assessment information report that was submitted as Schedule "D", show League to be the owner of the League property; AND WHEREAS the League 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 the three storey wood frame building (herein called "the League building") shown on the submitted Schedule "E" is located on the League property and is, contrary to the By-law, in a dangerous and unsightly condition as a result of dilapidation or deterioration. Submitted as Schedule "F" was a copy of a report, dated July 12, 2002, by Amy Poffenroth, P.Eng., By-law Enforcement Officer for The City of Saint John, with respect to her inspections of the League building on May 28, 2002, and July 10, 2002, wherein she describes the following exterior and interior dangerous and unsightly conditions that she observed: . There is no interior lighting and there is evidence of vandalism, . There are several indications of structural problems, such as floors that are sloped and the pulling away of the portion of the building that is 228 Main Street from the portion that is 224 Main Street, . The floors and stairs are littered with garbage and debris, . Portions of ceilings have fallen or are in danger of collapse, . Windows are either missing glass or have broken glass that may fall and injure persons passing by the building, . The front stairs at 228 Main Street are rotted and the concrete walkway is deteriorated, . The rear wall of the garage is no longer resting on the foundation, . The rear fire escape is no longer safe to walk on, . Portions of the landings are rotten and collapsing, . The exterior appearance of the League building is unsightly as a result of deterioration and broken windows; AND WHEREAS, after having considered (a) the inspection report by Amy Poffenroth, P.Eng., that was dated July 12, 2002, and was submitted as Schedule "F", (b) the report by the City Manager and others that was dated October 10,2002, and was submitted as Schedule "H" and (c) the report from Mark Gillan, Divisional Chief, Saint John Fire Department, that was dated August 12,2002, and was submitted as Schedule "I", and (d) the report from Brian Fillmore, Assistant Deputy Chief of the Saint John Police Force, that was dated July 25,2002, and was submitted as Schedule "J", 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 League building is, contrary to the By-law, deteriorated or dilapidated so as to be in a dangerous and unsightly condition: 89-326 COMMON COUNCIL OCTOBER 15, 2002 BE IT RESOLVED that League is hereby required to, within 15 days after a notice from the Building Inspector is served on it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the League building by either demolishing the League building and removing all of the debris and other unsightly items from the League property or by carrying out the following work after having received a building permit from the Saint John Building Inspector to do so: (1) the cause of any structural problems and carry out such work as is needed to make the building structurally sound so that the building is capable of sustaining safely its own weight and any additional weight that may be put on it by normal use, and (2) Repair the foundation, and (3) Remove the litter and garbage from the stairs and floors, and provide clear access to all the exits, and (4) Repair the ceilings, and (5) Replace the fire escape stairs or repair them so that they are capable of sustaining safely their own weight and any additional weight that may be put on it by normal use, and (6) Remove the broken glass from the windows and around the building, and repair or replace the windows or cover them with materials that present a uniform appearance, and (7) Restore the exterior of the building to a condition that it is no longer unsightly, and (8)Replace the front stairs and replace or remove the concrete walkway to 228 Main Street, and (9) Secure the building against unauthorized entry: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon League, in accordance with section 190(4) of the Municipalities Act, a notice that requires League to, within 15 days of being served, remedy the dangerous and unsightly condition of the League building and the League property by either demolishing the League building and removing all of the debris and other unsightly items from the League property or by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event that League does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require League to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the League building by either demolishing it and removing the debris from the League property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the League building to be demolished and the debris removed at the expense of League in the event that League does not comply with the Order. Question being taken, the motion was carried. (Councillor Court re-entered the meeting.) On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that a copy of the reports from the City Manager and the resolutions, under agenda items 5, 6, 7 and 8, regarding the dangerous and unsightly condition of the buildings located at 151 Wentworth Street, 247-249 Rockland Road, 210-214 Main Street and 224-228 Main Street, respectively, be forwarded to the Minister of Environment and Local Government and the local MLAs. Question being taken, the motion was carried. 9. Saint John Non Profit Housing Inc., Housing Alternatives Inc. Business Community Anti-Povertv Initiative - HousinQ Issues Consideration was given to an outline of a presentation to be made at this meeting on behalf of Saint John Non Profit Housing Inc., Housing Alternatives Inc. and the Business Community Anti-Poverty Initiative, on (1) the current housing situation in 89-327 COMMON COUNCIL OCTOBER 15, 2002 Saint John, (2) the Federal/Provincial Affordable Housing Program, and (3) the City's role, respectively. Narinder Singh, General Manager of Saint John Non Profit Housing Inc.; Kit Hickey, Executive Director of Housing Alternatives Inc. and President of the New Brunswick Non Profit Housing Association; and John Wheatley, Chair of the Housing Working Group of the Saint John Business Community Anti-Poverty Initiative, were present at the meeting in the above regard, as well as William Gale, William Grant and Monica Chaperlin of the Housing Working Group. Mr. Singh provided an overview of housing-related issues in the City during which time he advised that, of the 1,900 social housing units in the City at this time, 1,100 were public housing units owned by the Province, 550 units were owned by non-profit organizations and 250 were private rent supplement units, and the approximately 550 families currently on the Province's waiting list represented those families that have applied for housing with current applications, the wait for housing being very long and many families either do not apply or get discouraged; and commented on the efforts of a number of organizations that work together in the City to reduce the level of poverty in the community. Mr. Singh advised that, although the Province has established two priority groups for housing - seniors and families with children, it leaves a significant population of those in housing need, such as non-elderly singles and the working poor, and the implementation of a new affordable rental program in New Brunswick was being patiently awaited. Ms. Hickey, in relating details of the anticipated affordable rental program, advised that the Federal Government has committed a total contribution of $680,000 over five years, with New Brunswick's share to be approximately $16 million over the five-year period and, although New Brunswick was one of the Provinces that has yet to sign an agreement, it was her understanding that the Federal Government - CMHC, was aiming to have all of the agreements signed and in place by the end of this calendar year and also that it was the Province of New Brunswick's intent to enter into the agreement and it would be going to Cabinet very shortly, with the program ready to go at the beginning of the new year. Mr. Wheatley spoke to the role, as seen by the Business Community Anti- Poverty Initiative, for the City and the community in trying to improve housing conditions, with the need for a greater sense of awareness, a greater understanding of the issues and a more supportive environment towards improving the housing situation for those living in poverty in the community; and related information about the Business Community Anti-Poverty Initiative, and its activities and accomplishments, through working groups, in dealing with poverty in the community, having defined it in two ways - financial poverty where a family of two adults and two children were living on an amount in the area of less than $18,000 to $21,000 per year, and social poverty or a lack of social inclusion, being unable to be a participating member of the community. Mr. Wheatley addressed factors attributing to what was seen as a serious problem in Saint John by all of the social groups in the City as well as the Business Community Anti- Poverty Initiative - the access to adequate and affordable housing, and concluded with what was viewed as the City's role in this area, being to (1) the initiatives and increasing, where possible, the initiative of by-law enforcement, (2) create a more encouraging climate for the construction or improvement of multi-family units, particularly housing for those people on modest incomes through, for example, making land available for public or private development, helping with property tax issues, and facilitating the application approval process or whatever it takes to encourage the construction of more units within the community; and (3) take a stronger leadership role in housing issues, including the increasing the awareness of housing issues in the City, recognizing the realities of the City's housing situation with its older housing stock with many substandard conditions and its low volume of construction of multiple-family units in the last number of years. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the presentation on behalf of Saint John Non Profit Housing Inc., Housing Alternatives Inc. and the Business Community Anti-Poverty Initiative, on (1) the current housing situation in Saint John, (2) the Federal/Provincial Affordable Housing Program, and (3) the City's role, respectively, be referred to the City Manager for further discussion with the three groups to see how the Municipality can assist with regard to land or services in kind. 89-328 COMMON COUNCIL OCTOBER 15, 2002 Mr. Totten advised that he and Mr. Wheatley met last week at which time he alluded to the possibility of pursuing a developers' forum and that he committed to Mr. Wheatley that the City would be a partner with the group. Question being taken, the motion was carried. 15. Recreation And Parks Advisory Board Continued Operation Of Community Centres On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from the Recreation and Parks Advisory Board advising of the Board members' support of the continued operations of all five community centres, and for them to remain staffed by City employees, be received and filed. Question being taken, the motion was carried. 16. Dallas Moyer - Request To Meet On Recent Denial Of Request To Build Home On Acamac Backland Road. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the letter from Dallas Moyer requesting to meet with Common Council over the recent denial of constructing a home on the Acamac Backland Road as he feels he has information which was not in the City Manager's report which would change Council's decision, be received and Mr. and Mrs. Moyer be invited to a closed session in two weeks time and they present a copy of their submission over the next week for review prior to meeting in closed session. Question being taken, the motion was carried with Councillor Chase voting "nay". 17. Cities Of New Brunswick Association - Resolutions For Follow-Up From Last General MeetinQ On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the memorandum from the Executive Director of the Cities of New Brunswick Association submitting copies of resolutions that were sent back to Saint John for follow-up after the last General Meeting; and asking to be advised as to whether or not these will be addressed with new information at the next General meeting, be referred to Councillor Teed for further research and presentation to Council before the spring meeting of the Association. Question being taken, the motion was carried. Adjournment The Deputy Mayor read a City of Saint John New Release (copies of which were distributed to the Council members at this meeting) advising of Saint John's retention of its 5-bloom rating with Communities in Bloom and its receipt of a special citation for its Marigolds on Main Street Program, meaning that the City can re-enter the competition next year at the national level; and he declared the meeting adjourned. Common Clerk