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1997-02-03_Minutes 86-239 COMMON COUNCIL FEBRUARY 3, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of February, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. C. Robichaud, Acting City Manager; J. Nugent, City Solicitor; P. Woods, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; S. Armstrong, Director of Engineering; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; R. Simonds, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend James Fudge of the First United Pentecostal Church and Chaplain for the Saint John Police Force, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on January 27, 1997, be approved. Question being taken, the motion was carried. 3. Street Closing By-Law Amendment Portion Of Lansdowne Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment concerning the closure of a portion of Lansdowne Avenue, and no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Lansdowne Avenue, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Lansdowne Avenue, be read a second time. 86-240 COMMON COUNCIL FEBRUARY 3, 1997 Question being taken, the motion was carried. Read a second time the by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment 985-1001 MillidQe Avenue Public presentation was made of a proposed Municipal Plan amendment which would amend the Millidgeville Secondary Plan as follows:- (1) amending Section 2.1.2 of the Millidgeville Secondary Plan (DEVELOPMENT POLICIES - Residential Development - Objectives) by adding the following: "7. To permit the development of specific large scale developments of high quality residential uses at varying densities on specific development sites, where deemed appropriate. "; (2) amending Section 2.1.3.4 of the Millidgeville Secondary Plan (DEVELOPMENT POLICIES - Residential Development - Policies - Neighbourhood Character) by adding the following sentence immediately after the first sentence: "WHERE SPECIFIC LARGER-SCALE DEVELOPMENTS ARE PROPOSED, SPECIFIC APPROVALS PURSUANT TO SECTION 39 OF THE COMMUNITY PLANNING ACT WILL BE REQUIRED, WHICH WILL INCORPORATE FEATURES WHICH ADDRESS THE RELATIONSHIP OF THE PROPOSED DEVELOPMENT TO ITS SURROUNDING AREA."; (3) amending Exhibit 3-1 in Section 3.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area A, and replacing it with the numbers "5 & 6"; (4) amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals- Development Area A: Millidgeville Core) by adding the following new paragraph between the two existing paragraphs under the heading "Development Theme/Character": "To also permit the development of attached single-family dwellings at Intensity 6, in a high-quality unified development located at the northwest corner of Millidge Avenue and Manners Sutton Road. The development will be carried out in accordance with a specific detailed proposal adopted by Common Council pursuant to Section 39 of the Community Planning Act.", to permit the re-zoning of a property at 985-1001 Millidge Avenue, located on the northwest corner of Millidge Avenue and Manners Sutton Road having a frontage of approximately 226 feet on Millidge Avenue, a frontage of approximately 100 feet on Manners Sutton Road and an area of approximately 0.52 acres, also identified as NBGIC Numbers 48363 and 470047, from "B-1" Local Business to "ID" Integrated Development classification, and the subsequent development of up to 15 attached one-family dwellings in accordance with a detailed proposal adopted by Common Council pursuant to Section 39 of the Community Planning Act, as requested by Rocca Property Management Inc. 7. Mavor's Remarks Mayor McAlary proclaimed February 1997 to be Heart Month, as well as Black African History Month in the City of Saint John; and noted the forthcoming Skate To Care fund-raising event at Lily Lake on February 8, as well as the Cities of New Brunswick Association meeting in Moncton on January 31-February 1. The Mayor advised that, beginning at the next regular meeting of Council in open session and on a regular weekly basis thereafter, the Chief of Police will be reporting on the Saint John Police Force Implementation Team's progress; and, at her request, Messrs. Robichaud and Galbraith commented on the City's snow control plan in view of a perception that, because of budget reductions, there had been a decrease in street and sidewalk clearing. 86-241 COMMON COUNCIL FEBRUARY 3, 1997 5. River Road Concerned Citizens Committee River Road Action Team - Crane Mountain Landfill Consideration was given to a letter from the River Road Concerned Citizens Committee and the River Road Action Team advising of their engagement of a consultant from Toronto to study the recent issues which have surfaced concerning the proposed Crane Mountain landfill in view of their belief that the consultant's study, which includes input from a recognized expert in landfill technology, must be heard by Council prior to its consideration of the Fundy Region Solid Waste Commission's request for spending. Having been introduced by Mr. David Bowen, Chairman of the River Road Concerned Citizens Committee, Mr. Brian Gallaugher of Gallaugher Associates, Toronto, Ontario, addressed Council, having undertaken, in conjunction with Dr. G. Fred Lee and Associates of California, USA, a review of the potential public health, groundwater resource, financial and other impacts of the proposed Crane Mountain landfill (a copy of which was distributed to Council members at this meeting, along with information on municipal solid waste and hazardous waste landfills, operating projections for the Crane Mountain landfill, and summary resumes for G. Fred Lee, R. Anne Jones, and G. Fred Lee & Associates). Mr. Gallaugher advised that, while he was not opposed to landfills, he was opposed to the current practice of building landfills which did not protect the public health and well-being of those who live and work within the sphere of influence of those landfills; and explained, through an overhead presentation and highlighting the information distributed at this meeting, the reasons for his view that the Crane Mountain proposal appeared to fall into the category of one that would not protect the well-being of those who work and live within its sphere of influence, based on the environmental and economic aspects associated with a dry- tomb landfill of the type proposed for Crane Mountain. Mr. Gallaugher responded to questions in the above regard during which time he clarified that what concerned him more about the Crane Mountain site, other than it being a swampy area, was the fractured bedrock and the ability for groundwater transport; and, with respect to the difference in his opinion and that of the Department of the Environment in approving the site after an environmental impact analysis, made the observation that, while the landfill might meet all the standards and Department of Environment personnel might have thought it was the best choice out of a series of choices and it most closely met the bare minimum requirements for a landfill, the Department's minimum requirements might not be adequate. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the presentation by Mr. Brian Gallaugher, on behalf of the River Road Concerned Citizens Committee and the River Road Action Team, regarding the proposed Crane Mountain landfill -- be referred to the City Manager. Question being taken,the motion was carried. (Councillor Trites withdrew from the meeting.) The Mayor suggested that Council, having heard the presentation by the Fundy Region Solid Waste Commission under agenda item 6 at this meeting, could vote on the Commission's budgets at this meeting or at a later meeting in view of a discussion by Council that it might perhaps want input from staff prior to voting on the budgets; and also that, with regard to the above presentation, City staff could get in touch with the Commission for its input on any information Council might need on the documents presented. 86-242 COMMON COUNCIL FEBRUARY 3, 1997 6. Fundy Region Solid Waste Commission 1997 Capital And OperatinQ BudQets Consideration was given to a letter from the Fundy Region Solid Waste Commission (which was considered in Committee of the Whole of Council on January 27)), submitting the Commission's 1997 Capital and Operating Budgets on which the Commission would be voting on February 20. Messrs. Daniel S. Harrigan, Chairman of the Fundy Region Solid Waste Commission; Glen Wittrien of the accounting firm of Coopers & Lybrand; and R. Lutes of GEMTEC Ltd., the Project Management firm; were present at the meeting. Mr. Harrigan advised of the Commission's anticipation this week of finalizing the contract with its design firm and that, with the February 20 adoption of the budgets, the Fundy Region would have a sanitary landfill open within this calendar year, which would provide local employment and complete economic spin-off benefits, and allow the remaining antiquated waste facilities to close; and replied to questions on the land cost, and the anticipated cost to municipalities for waste deposit based on a user-pay system according to waste tonnage. (Councillor Trites re-entered the meeting during the above comments.) Mr. Wittrien responded to questions on the Commission's 1997 budgets during which time he advised that the premise on which the proposed 1997 budgets was put together was that the Fundy Region Solid Waste Commission would be responsible for the construction and operation of the landfill and recycling facility, and the decision as to whether or not the operation of the facility would be sub-contracted to a private operator had not been made at this point in time; and indicated his intent to provide to Council more detailed information on various budgeted items questioned at this meeting. Mr. Lutes responded to questions relevant to the $3.5 million budgeted for a recycling and composting facility, as well as the services included in the amount budgeted for project management services; and advised of the inclusion in the Project Management budget of an amount for sub-consultants to essentially look at the whole issue of recycling and composting to determine the types of waste going into the existing landfill site and, on the understanding that the Minister of the Environment has asked for 30% waste diversion, attempt to outline steps on how the Commission could reach this diversion percentage in a fairly cost-effective manner. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the presentation with regard to the 1997 Capital and Operating Budgets of the Fundy Region Solid Waste Commission be referred to the City Manager. Question being taken, the motion was carried. 8. Maintenance Agreement Provincial HiQhwavs On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the 1997 maintenance agreement for Provincial Highways. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 86-243 COMMON COUNCIL FEBRUARY 3, 1997 9. Rescinding CCO April 29, 1996 Re ActinQ Deputy Commissioner Of Finance Read a report from the Acting City Manager recommending the rescinding of Common Council resolution of April 29, 1996, which appointed Mr. Greg Yeomans as Acting Deputy Commissioner of Finance and Acting Assistant Treasurer due to the secondment of Mr. Patrick Woods to the Madawaska Region Study, as Mr. Woods will be returning to his duties on February 3. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, Common Council resolution of April 29, 1996, which appointed Mr. Greg Yeomans as Acting Deputy Commissioner and Acting Assistant Treasurer, be rescinded. Question being taken, the motion was carried. 10. KBM OutinQ Association Consideration was given to a report from the Acting City Manager further to the KBM Outing Association's January 6 appearance before Committee of the Whole to seek the City's assistance to avoid the sale of the KBM facility because of default in mortgage payments; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the Acting City Manager, (1) the City of Saint John advise the Royal Bank that it will pay all outstanding arrears on the current mortgage held by the KBM Outing Association for the land and property located in the Ketepec, Belmont, Morna area and known as the KBM in an amount not to exceed $9,500, such funds to be allocated from the Recreation Association Fund; (2) the City of Saint John grant to the KBM Outing Association $4,170 on the understanding these funds will be used to meet six months of mortgage payments, such funds to be allocated from Unspecified Grants; and (3) Common Council authorize staff to disperse funds in accordance with these recommendations. (Rescinded February 10,1997 Bk. 86 Pg. 248 ) Question being taken, the motion was carried. 11. Re MacFawn V. The City Of Saint John Et AI Read a report from the City Solicitor submitting a recommendation for Council's adoption with regard to the MacFawn V. The City Of Saint John et al action which had been settled on the City's behalf by the insurer. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk are hereby authorized to execute the Agreement and Release between James MacFawn and Sandra MacFawn as Releasors and The City of Saint John as well as Mark and Lori Ann Rogers as Releasees, a copy of which is submitted with correspondence in this matter dated January 31, 1997 and addressed to Common Council by the City Solicitor. Question being taken, the motion was carried. 86-244 COMMON COUNCIL FEBRUARY 3, 1997 12. Saint John Industrial Parks Ltd. ReQradinQ Lots. McAllister Industrial Park On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as requested by Saint John Industrial Parks Ltd., permission be given to expend $40,000t from the 1997 Industrial Parks Capital Budget to initiate the regrading of Lots 96-4 and 96-5 in McAllister Industrial Park, on the understanding that the City's Works Department will perform the specified work. Question being taken, the motion was carried. 13. Fundy ReQion Solid Waste Commission - Update On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Solid Waste Commission updating Council as it enters the final stage of the project for a landfill at Crane Mountain -- be received and filed with appreciation. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 14. Saint John Jazz & Blues Festival Request For Grant For 1997 Festival On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from the Saint John Jazz & Blues Festival expressing appreciation for the support given by the City of Saint John and Venue Saint John to its first efforts in having this type of a festival in Saint John in 1996; and requesting a grant of $5,000 for a Festival in 1997 -- be received and filed and a grant of $5,000 be approved as requested. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk