2007-11-05_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire
City of Saint John
Common Council Meeting
Monday, November 5, 2007
Supplemental Agenda
Re : 9.3 Letter in support of proposed re-zoning 282 Douglas Avenue
Re : 9.3 Letter regarding proposed re-zoning 282 Douglas Avenue
Re : 10.3 Letter objecting to Uptown Saint John - BIA Expansion
Re : 5.12 Replacement letter - Proposals for a Mobile Resource Management Solution
13.2 Committee of the Whole Report - Motocross Track - Ocean Westway
City of Saint John
Seance du conseil communal
Le lundi 5 November 2007
L'ordre du jour supplementaire
AlinE~a 9.3 Lettre d'opposition au rezonage de 282 Douglas Avenue
Alinea 9.3 Lettre relativement au rezonage de 282 Douglas AvenueAlinea
10.3 Lettre d'opposition au Arrete relatif a la zone d'amelioration des affaires de
Uptown Saint John
Alinea 5.2 Remplacement du rapport, Propositions relatives a une solution mobile de
gestion des ressources
13.2 Rapport du comite plenier relativement au Motocross Track - Ocean Westway
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~~~
~~ Blakeney Henneberry Murphy
/51'"'[:R5 8~
William J. Blakeney, B.A. (Hons.), LL.B
Direct Line: (416) 408-4225
e-mail: blakeneY(w.litigation.ws
Ms. Sarah Herring
Planning Advisory Committee
City of Saint John
15 Market Square, 10th Floor
Saint John, New Brunswick
E2L 1 E8
October 31, 2007
VIA COURIER
Dear Ms. Herring:
RE: 282 Douglas Avenue
Rezoning Application
Project No. 07-398
We are in receipt of your letter dated October 15, 2007 and thank-you for
same.
We greatly appreciate your advising us with regards to the pending proposal
to rezone the historic property at 282 Douglas Avenue from SZ20 "Special
Zone 20" to RN-IF "Multiple Residential" Infill.
As you may be aware, my wife Ruth Henneberry and I are the owners of the
adjacent property located at 280 Douglas Avenue. We were unfortunately
unable to attend at the meeting of the Planning Advisory Committee on
Tuesday, October 30, 2007. We understand that a public hearing will be
held by Common Council on Monday, November 5, 2007.
8 King Street East, Suite J 501 . Toronto. Ontario M5C 185 · Phone: 4 J 6-408-4400 · Fax: 416-408-4900 . WWW.litigation.wS
Practising In Association
2
Due to our involvement in the ongoing Residential Schools litigation III
Ontario, it is unlikely that we will be able to attend that meeting either.
It is my understanding from speaking with some of the people present, that
representations were made with regard to our position on the application.
Under the circumstances, I thought it would be prudent to drop you a line
and let you know our perspective.
I grew up in the North End of Saint John, New Brunswick. Both my wife
and I are lawyers, and members in good standing of the Law Society of New
Brunswick.
We purchased the property at 280 Douglas Avenue in the spring of 2006, at
about the same time that the Hospice purchased 282 Douglas Avenue. The
directors and staff at the Hospice have become very good friends and we are
very supportive of their endeavors.
It was quickly apparent when the Hospice took over at 282 Douglas Avenue
that it was going to be much too small for the intended purpose of serving as
a day centre for terminal patients. It was difficult to see how more than 3 or
4 individuals could ever be accommodated in the house. We were pleased to
see them locate a new building that is more amenable to their purposes.
We also appreciate that there is some urgency for Hospice in selling the
property as winter approaches.
We have been very fortunate to have exemplary neighbours on the other side
as well. Peggy Wright is a landscape designer and has turned her home at
276 Douglas Avenue from a rather derelict looking building, to a beautiful
single family home.
Since purchasing 280 Douglas Avenue, we have converted it from a three
unit bed and breakfast, back to a single family dwelling. We allow
community access to the Victorian gardens at the back of the property,
which have been popular with local residents as a place to have wedding
pictures taken or enjoy the view of the harbour.
When we purchased the property, we were made aware of the strict
restrictions on zoning in the area pursuant to the Douglas Avenue
Preservation Area. Most of the homeowners on that stretch of Douglas
3
Avenue (across from the museum) have gone to great efforts to restore their
properties to the original late Victorian standards.
We have done the same with 280 Douglas Avenue, ensuring that the interior
is consistent with the original "arts and crafts" era and furnishing it with
period pieces.
The property at 282 Douglas Avenue is one of Saint John's most famous
landmark properties. From an architectural and historical perspective, it is
much a much more significant building than either 280 or 276.
It is the house that is featured in all of the famous Isaac Erb photographs of
Douglas Avenue, when Lancaster still had streetcars, horses, and buggies.
Its likeness is prominently on display at the archives and museum.
Accordingly, everyone in the neighbourhood has passionate feelings about
its future.
The interior of the house is stunning. The previous owners went to great
efforts to restore the ground floor and most of the second floor. The
building also has a quaint brick garage in the back, which we understand
encroaches slightly on the adjacent property on the south side.
The old photographs suggest that the landscaping at the back of the property
was once a pretty Victorian garden. It is located at the bottom of a slight
hollow. The garden was a major attraction for our friends at Hospice. It was
anticipated that patients would be able to use the area at back of the house
together with our garden at 280 Douglas A venue.
Over the past week, we have received correspondence from Susan Fullerton
who is intending to develop the property as a multi-unit apartment building.
We have seen many of the buildings that Susan has renovated in the uptown
area of Saint John and been very impressed. She has taken derelict
buildings, which were an eye-sore or inferior tenement dwellings and turned
them into little inns that provide decent accommodations for transient
workers.
I have great respect for everything that she has accomplished to date, both
with Susan's Victorian Properties and Chipman Hill Suites. I believe that
4
she is doing her best to address the concerns of her neighbours In this
application.
She has offered to meet with us to discuss her plans and we were
unfortunately unable to hook up when we were home last week.
The greatest concern expressed by local residents is the fact that to
accommodate eleven bachelor apartments, the building will require
substantial interior renovation. The conversion proposed will transform it
irrevocably from a Victorian mansion into a modem apartment building.
As a precedent for scope of renovation and development, it will effectively
signify the end of the Douglas A venue Preservation Area, for better or
worse.
The major concern expressed regards the parking extension at the back.
Ordinarily, when a parking lot of such a size is proposed, we would be
provided with a geotechnical report that would address the potential impact
on the surrounding environment.
In twenty years of practice, I have never seen a municipal zoning proposal
that involves earthworks of this scope where the only documentation
submitted was a hand drawn sketch. There should be a construction design
report prepared by a qualified engineer, who could show how drainage
patterns would be accounted for.
Because the gardens at the rear of the building were located in a hollow, the
parking lot will have inevitable impact on the adjoining properties. Without
a soils report or a construction design plan, it is difficult for anyone to
support or oppose the proposal as it now stands.
I anticipate that the neighbouring property owners will have to negotiate
with both the City and the developer, if and when drainage issues arise.
Over the course of the last year, we have had very pleasant and informative
contact with the City of Saint John with regards to the restrictions on
heritage properties in the Douglas Avenue Preservation Area. These have
centered on the municipal decision to ensure that the original houses,
landscapes and gardens are maintained as much as possible in their original
Victorian state.
5
Regardless of Council's decision on 282 Douglas Avenue, it is our intention
to continue to maintain our property to the original heritage specifications
and to do our best to maintain what is left of the original gardens.
Thank-you for your consideration in this matter.
Yours very truly,
William J. Blakeney
WJB/lm
I\ ,())
~ Susan Fullerton
Page 1 of2
From:
To:
Sent:
Subject:
"Chipman Hill Suites" <suites@chipmanhill.com>
"Tiny&Sue" <flar@nb.sympatico.ca>
November 5, 2007 8:07 AM
Re: Hospice Property 282 Douglas Ave
Dear Mr and Mrs. Cunningham;
Thank you for your VER Y encouraging email. I really appreciate it.
I have had a lot of opposition from a couple of the neighbours whose objection seems to center on nostalgia, which is a very
difficult concept to defeat.
Chipman Hill Suites would be a very good neighbour. I understand that there is a lot of drug selling activity in the park. We
hope to be able to assist the police in dealing with this, if we are able to purchase the building.
The Council meeting this evening will render the final decision concerning whether or not we will be able to have the
building re-zoned. If the decision by Council is "no", then we will not appeal, and we will quietly disappear from the Douglas
A venue scene.
If this is the case, I thank you once again for your encouragement and wish you well.
Should Council agree to rezone the building so that we may purchase it. I hope that you will attend a neighbourhood "open
house" that we will be having shortly after we take posession. It would be very nice to meet you both.
Thank you again for your kind letter. This is a day when I can use all the encouragement I can get. I am really concerned
about the Council meeting this evening.
Sincerely
Susan Fullerton
Chipman Hill Suites
----- Original Message -----
From: Tiny&Sue
To: suites@chipmanhill.com
Sent: Monday, November 05,20077:51 AM
Subject: Hospice Property 282 Douglas Ave
Thank you for letter of October 26, 2007 notifying us of your intent to purchase the property at 282 Douglas
Avenue.
Please be advised that we have no objection to your purchase and conversion of the property, provided the
exterior of the building remains true to the other properties in
the immediate area.
You indicate that some neighbours list parking as a concern, and it is, especially in the winter when snow
removal is an issue.
Some occupants of neighbouring properties ipark on the Avenue, refusing to utilize the off street parking
provided for them and this hinders the plows making a clean sweep of the street.
However, we are satisfied you have made adequate provision for your guests.
We see the purchase of the Hospice building by Chipman Hill Suites as a positive one for our neighbourhood
and support the rezoning proposal for the property.
05/11/2007
yours truly,
Mr. & Mrs. Ivan Cunningham
302 Douglas Avenue
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Page 2 of2
05/11/2007
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;lY- I
FOURTH FLOOR HOLDINGS LTD.
P.O. BOX 6850, STATION A
SAINT JOHN, N.S.
E2L 4S3
TELEPHONE: (506) 633-3809
DELNERED BY HAND
Patrick Woods, Common Clerk
City of Saint John
8th Floor, City Hall
P.O. Box 1971
Saint John, NB
E2L 4L 1
Dear Sir:
RE:
40 Wellington Row
24 Wellington Row
30 Wellington Row
32 Wellington Row
29 Sewell Street
33 Sewell Street
35 Sewell Street
37 Sewell Street
39 Sewell Street
November 5,2007
PID 00037838
PID 00037879
PID 00037861
PID 00037853
PID 00038604
PID 00039784
PID 00039776
PID 00039768
PID 00039677
The undersigned, on behalf of Fourth Floor Holdings Ltd., wishes to express its objection
to the expansion of Uptown Saint John to include the above-noted properties.
WMJ/pjf
Yours truly,
FOURTH FLOOR HOLDINGS LTD.
~
Willard M. Jenkins
President
~~',\~REPORT TO COMMON COUNCIL
M & C - 2007-353
City of Saint John
5 November 2007
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposals for a Mobile Resource Management Solution
BACKGROUND:
The City of Saint John has long recognized the need to better manage its mobile
resources, both human and mechanical. To this end it has searched for some form
of vehicle and equipment identification, location and management system. In
some areas this translates into a simplistic GPS system, in other areas a
combination vehicle location and vehicle management through timely activity
reporting was required and finally, a form of mechanical performance and
maintenance information gathering was identified.
In 2007 all of these needs were brought together by the City's Information
Systems and Support Department under one umbrella initiative and were
expanded to include the needs identified by Saint John Transit and the Saint John
Police Force.
As stated the various stakeholders have very different expectations and needs for a
Mobile Resource Management Solution and very early on it was considered
doubtful that all of these needs could or would be addressed, with a single source
solution, to everyone's satisfaction.
In the simplest of terms;
Transit was looking for a system that not only identified the location of each of its
buses but would provide interactive access for the public in order to check
schedules and ETA's for the next bus to a specific stop.
Saint John Police Force in addition to locating vehicles, desired an interactive
system that would provide feed back to the PSCC regarding officer safety.
PAGE THREE
ANALYSIS.. .Cont'd;
The committee members, both on an individual bases and as a group, selected the
Grey Island response for a number of reasons;
*The written response was the most complete, comprehensive and well
written submission received. It delivered the information in an orderly and
easy to comprehend fashion.
*The Grey Island bid reflected their substantial experience in responding
to the needs of not only private sector fleet operators but to the special
needs of a public sector and emergency services group as well.
*The Grey Island solution is more than an A VL or GPS system, because of
their extensive experience with public sector groups the Grey Island
solution will interface with a wide variety of product delivery systems for
sand, salt, water etc.
*Grey Island is completely conversant with the needs of a vehicle
maintenance application and has demonstrated an ability to not only
deliver critical information on a wide variety of applications now, but to
grow with the City to meet future needs.
*Grey Island recently purchased a California based system that is widely
used in the U.S. known as "Next Bus". This software application in
conjunction with their other products and when installed on Saint John
Transit's bus fleet will provide complete and comprehensive information
about vehicle location, operating conditions and schedule compliance.
*While cost is not a determining factor when awarding a proposal
submission, Grey Island's approach to this project is that of a partnership
relationship that will allow for the gradual acquisition of the technology
while providing the potential for future growth and development as
dictated by need.
* As a part of its due diligence, the staff committee contacted a number of
municipalities where various aspects of the systems quoted are installed. In
each and every case Grey Island received high praise for the quality of its
systems, its support staff and post implementation support.
It is for these, and many other reasons, when considered as a single source
solution, that the evaluation committee overwhelmingly recommended Grey
Island for award of this project.
PAGE FIVE
FINANCIAL IMPLICATIONS...Cont'd;
Funds to cover the initial cost of a Mobile Resource Management Solution are
available as follows;
1) Saint John Transit - to be funded through Federal Capital Transit Trust
Fund initiatives available to public transportation authorities,
2) Pilot project for 20 Municipal Operations vehicles - funds available
from the LS.S. Capital Budget,
3) Necessary up grade to some of the older fleet vehicles - Municipal
Operations operating budget,
4) Monthly vehicle charges for vendor hosted solution - from the annual
operating budgets for each participating user department.
INPUT FROM OTHERS:
The project evaluation committee has recognized, give the logistics of this project,
ie; given the time, facilities and resources required for its complete
implementation, that it cannot reasonably be accomplished in one year, and
therefore the award of this proposal call should be on the bases of appointing the
successful bidder as the "Official Supplier" of Mobile Resource Management
Solutions. And further, that all future purchases of hardware, software and support
should be pre-approved and authorized for acquisition from the official supplier,
up to the limits identified within the annual Capital Budget and specifically
identified for this project, without the requirement of further competitive bidding.
The committee recommends that the term of this role of Official Supplier should
commence upon award of this proposal by Council and remain in effect for a
period not to last beyond the 31 5t day of December 2010.
RECOMMENDA TION:
It is recommended that;
. The proposal for the supply of a new Mobile Resource Management
Solution be awarded to Grey Island Systems Inc., and
. Based on this award that Grey Island Systems Inc. be named by the City of
Saint John as the Official Supplier of Mobile Resource Management
Solutions for a period ending December 31 5t 20 10, and
. Future purchases of hardware, software and support are pre-approved for
direct acquisition from the Official Supplier of Mobile Resource
Management Solutions up to the Council approved limits, in the Annual
Capital Budget and specifically identified for this project, and
. If necessary, the Mayor and Common Clerk be authorized to sign any
required contact documents.
Proposal2007-58360lP
Mobile Resource Management Solution
List of Respondents
Grey Island Systems
Toronto, Ont
International Road Dynamics Inc
Saskatoon, Sask
Sungard H.T.E.
Lake Mary, Florida
Rogers
Montreal, PQ
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City Solicitor's Office
Bureau de l'avocat municipal
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L 1
www.saintjohn.ca
The City of Saint John
Section 10.2(4)(0 and (2;)
COMMITTEE-OF- THE-WHOLE
November 2,2007
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Motocross Track - Ocean Westway
At a meeting of Common Council held on October 22, 2007, I committed to
reviewing the evidence collected to date by the Saint John Police Department
(the "Police") and the Building Inspector's Office with respect to the above-
noted matter and report back to Common Council respecting the strength of
this evidence. This commitment followed my October 18, 2007 opinion to
Committee of the Whole that recent case law supports proceeding against Mr.
Williams, one of the registered owners of the parcel of land upon which the
motocross track has been constructed (which is identified by PID # 00287474
and hereinafter referred to as the "Property"), under By-Law Number c.P. 110
- The Zoning By-Law of the City of Saint John (the "Zoning By-Law"). The
substance of my October 18, 2007 opinion to Common Council (the "Zoning
Opinion") is reproduced below for ease of reference:
... /2
Common Council
November 2, 2007
City Solicitor
Page 2
Re: Motocross Track - Ocean Westway
Opinion:
As a preliminary observation, I note that the ultimate success of
prosecution or other legal action under the Zoning By-Law depends
significantly on the sufficiency and quality of the evidence marshaled
by the City. The City Solicitor's Office is in the process of reviewing
the evidence recently collected by the Police Department and the
Building Inspector's Office. The City Solicitor's Office is also in
receipt of evidence from affected residents of the Monte Cristo
subdivision.
Having reviewed the relevant case law, as well as the applicable
provisions of the Zoning By-Law and the Community Planning Act,
I have identified two possible remedial options available to the City
respecting the motocross track that is situated on the Property.
First, the City may elect to prosecute Mr. Williams under the Zoning
By-Law in Provincial Court on the basis that the use of the Property
as a motocross track is not a permitted use, nor is it an accessory or
incidental use under the RF-Rural zoning designation. Should
Common Council elect to proceed with this option and should such
prosecution be successful, Mr. Williams would face a fine ranging
between $140.00 and $320.00. Such a fine would only have a
deterrent effect against future incidents of non-compliance with the
Zoning By-Law at the Property, as the Provincial Court lacks the
remedial jurisdiction to order the cessation of future motocross
activities on the Property.
Second, the City may elect to apply to the Court of Queen's Bench
under subsection 94( 1) of the Community Planning Act for an order
requiring Mr. Williams to cease using the motocross track on the
Property in the future. Should this more permanent remedy be
favoured by Common Council, it would be necessary for such course
of action to be approved by resolution.
Of the two options described above, I recommend that Common
Council pursue the latter; however, there are some risks associated
with this option that merit further explanation. It has long been the
practice of the City Solicitor's Office to provide offending parties
with notice of non-compliance with the Zoning By-Law prior to
seeking the remedies available by way of application to the Court of
... /3
Common Council
November 2, 2007
City Solicitor
Page 3
Re: Motocross Track - Ocean Westway
Queen's Bench. The intention behind this practice is two-fold - to
provide the offending party with an opportunity to voluntarily comply
with the Zoning By-Law and to avoid subsequent arguments
grounded in fairness from the offending party should the matter
ultimately proceed to the Court of Queen's Bench.
I wish to advise Common Council that a notice of non-compliance
with the Zoning By-Law is being prepared today by the City
Solicitor's Office with a view to serving same upon Mr. Williams on
Friday, October 19, 2007 (the "Notice"). Should Common Council
elect to proceed with an application to the Court of Queen's Bench in
circumstances where no fresh instances of motocross track use on the
Property occur following the service of the Notice (which is a real
possibility considering that the close of the motocross season is fast
approaching), it may diminish the City's prospects of securing an
order prohibiting the future use of the motocross track on the
Property. Consequently, it is my view that we wait for a short while
before such a decision is made in order to see whether use occurs
subsequent to service of the Notice. Finally, I wish to point out that if
the City unsuccessfully proceeds with an application to the Court of
Queen's Bench, it could be ordered to pay a portion of the legal costs
incurred by Mr. Williams in responding to such application.
Common Council may wish to accept these risks and elect to proceed
with an application to the Court of Queen's Bench because the
potential resulting benefit would be an order prohibiting Mr.
William's continued future use of the motocross track on the
Property. It is likely that the City Solicitor's Office could proceed to
a hearing of an application before the Court of Queen's Bench this
winter and, if successful, have an order in place prior to the
recommencement of motocross activities at the Property in the Spring
of 2008; however, this anticipated timeframe would largely depend
on the availability of the Court of Queen's Bench to hear this
application.
The Evidence:
Further to the Zoning Opinion, I wish to advise Common Council that the
Building Inspector's Office served Mr. Williams with notice of non-
compliance with the Zoning By-Law on October 19, 2007. Since that time,
use of the motocross track has been minimal according to the Police and the
... /4
Common Council
November 2, 2007
City Solicitor
Page 4
Re: Motocross Track - Ocean Westway
residents of Monte Cristo subdivision (and surrounding areas) with whom the
City Solicitor's Office has been in direct contact. This, however, may be
attributable to the wind-down of the motocross season andlor the poor weather
we have been experiencing on Tuesdays, Thursdays and Saturdays, being the
days of the week that the motocross track is typically in use.
This week, a review was conducted of all evidence provided to date by the
Police and the Building Inspector's Office to the City Solicitor's Office. This
review demonstrated that there is still evidence in the possession of the Police
(including evidence collected directly from the residents of Monte Cristo
subdivision and surrounding areas) and the Building Inspector's Office that has
not yet been submitted to the City Solicitor's Office for our review.
Appropriate requests and follow-ups have been made regarding this evidence.
The City Solicitor's Office has also reviewed evidence that it has received
directly from the residents of Monte Cristo subdivision (and surrounding
areas). We have reviewed the first installment of this evidence, which consists
exclusively of photographs collected between May and early September, 2007.
We have been advised that the balance of this evidence will be provided to the
City Solicitor's Office by the end of this week.
Based on our review of evidence received to date by the City Solicitor's Office
from the Police, the Building Inspector's Office and the residents of Monte
Cristo subdivision (and surrounding areas), we do have some concerns
regarding whether such evidence is sufficient to meet the requirements for
prosecution or for an application to the Court of Queen's Bench for the relief
permitted under subsection 94(1) of the Community Planning Act. More
specifically, we note that the records collected by the Police lack the level of
detail that we would like to see (i.e. missing names, times and other particulars
in several instances) and they have not provided any supplementary
photographic or video evidence of their observations. In part, this arises from
the fact that the primary focus of the Police's efforts over the summer was
related to noise, not zoning. We expect that some but not all of these concerns
may be overcome once all collected evidence has been reviewed by the City
Solicitor's Office and we have an opportunity to interview the representatives
of the Police and the Building Inspector's Office who have been involved, as
well as the residents of Monte Cristo subdivision (and surrounding areas). In
short, the City Solicitor's Office is prepared to do its best with the evidence
that has been, and will continue to be, collected.
.../5
Common Council
November 2, 2007
City Solicitor
Page 5
Re: Motocross Track - Ocean Westway
As noted in the Zoning Opinion, "Common Council may wish to accept these
risks and elect to proceed with an application to the Court of Queen's Bench
because the potential resulting benefit would be an order prohibiting Mr.
William's continued future use of the motocross track on the Property." To
summarize, these risks include the possibility of cost consequences (probably
not exceeding $2,000.00) should the City unsuccessfully proceed against Mr.
Williams under the Zoning By-Law and the related concern that Mr. Williams
may feel emboldened should the matter proceed by way of application to the
Court of Queen's Bench and he be successful. Should the City successfully
proceed, the Court of Queen's Bench may order that Mr. Williams cease using
the motocross track that he has constructed on the Property in the future
because it is not a "permitted use" under the RF-Rural designation set out in
the Zoning By-Law. Such an order could be secured this winter depending on
the scheduling availability of the Court of Queen's Bench and provided that
Mr. Williams did not stall the matter by raising procedural roadblocks.
I will discuss this correspondence in further detail with Common Council in
Committee on November 5, 2007 and have prepared the following resolution
should Common Council decide to direct the City Solicitor's Office to proceed
with an application to the Court of Queen's Bench under subsection 94(1) of
the Community Planning Act.
RESOLVED that Mr. William Edwards is hereby designated and
authorized to make an application on behalf of the City of Saint John
to the Court of Queen's Bench of New Brunswick in accordance with
subsection 94(1) of the Community Planning Act for an Order that
will:
1. Require Allan A. Williams and Edgar Alan Williams to
immediately cease using or permitting the use of their property at
2086 Ocean Westway (identified by PID 00287474) (hereinafter the
"Property") as a motocross track/by motocross cycles, and
2. Require Allan A. Williams and Edgar Alan Williams to
refrain from using or permitting the use of the Property as a
motocross tracklby motocross cycles in the future, and
.../6
Common Council
November 2,2007
City Solicitor
Page 6
Re: Motocross Track - Ocean Westway
3. Require Allan A. Williams and Edgar Alan Williams to,
within 60 days or within such other time as the Judge may allow,
demolish the motocross track that has been constructed on the
Property, and
4. Authorize the City to cause the demolition of the motocross
track on the Property in the event that Allan A. Williams and Edgar
Alan Williams do not comply with the order to do so from the Court
of Queen's Bench, and
5. Require Allan A. Williams and Edgar Alan Williams to pay
to the City of Saint John court costs in such an amount as the Judge
may allow.
Respectfully Submitted,
/{ 1VC{((/'tLT
JO~ L. Nugent .
City Solicitor