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1997-10-06_Minutes 86-631 COMMON COUNCIL OCTOBER 6, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of October, A.D. 1997, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. C. Robichaud, Acting City Manager; J. Nugent, City Solicitor; P. Woods, Acting Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; B. Morrison, Director of Recreation and Parks; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Bezanson, Heritage Planner; D. Sherwood, Chief of Police; R. Simonds, Deputy Fire Chief; J. Wilcox, Police Constable; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Dave Nicholson of Douglas Avenue Christian Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on September 29, 1997, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary commented on the City of Saint John's success in the 1997 Communities In Bloom national contest, having in 1996 won the Floral Design and Heritage Awards, and commended the efforts of the City's Parks employees, the Director of Recreation and Parks, the Commissioner of Community Services and the citizens who were involved in the 1997 contest. Mr. Morrison, noting that the City lost out in the 1996 contest in the area of community involvement and the subsequent establishment of a community committee, recognized Mr. Bob McVicar, Local Chairman of Communities In Bloom, who addressed Council on the results of the City's participation in the 1997 National Communities In Bloom competition, Saint John having achieved a five-bloom rating, which is the highest rating possible, making it the Canadian National winner in the category of cities with populations of 50,000 to 100,000 residents, and having won, for the second year in a row, the prestigious Floral Design Award. Mr. McVicar, in commending the efforts of the City of Saint John Works Department Local 18, recognized City Parks gardeners Randall Nelson, Wayne Hamilton, Christopher Gaudet, Mark Kincade, Jack Given, Ron Dempster, Peter Keirstead, Jim Marr, Shayne VanWart and David Blizzard; acknowledged the efforts of the Committee members, whom he named; and expressed appreciation to Mayor McAlary, Honourary Chairman of the Committee, and The Honourable Jane Barry for her involvement and her participation this past weekend in the Awards Ceremony in St. John's, Newfoundland, as well as to all others involved in this community effort. Mr. McVicar read from the Judges' comments about the City of Saint John's efforts in the 1997 contest, as well as a letter which he advised was received in St. John's from Governor General of Canada Romeo LeBlanc, following which he and Mr. Morrison presented the Mayor with the awards. 86-632 COMMON COUNCIL OCTOBER 6, 1997 Mayor McAlary proclaimed October 6 to 11 as Nuclear Medicine Week and Saturday, October 11 as Fire Service Recognition Day in the City of Saint John, the week of October 5 to 11 being Fire Prevention Week; and extended congratulations on the occasion of the 60th anniversary of Local 213 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada. Mayor McAlary recognized The Honourable Jane Barry, Solicitor General, for her chairmanship of the Teen Pregnancy Group of the Greater Saint John area which received during the past weekend the Community Award for Family Involvement in the 1997 Family Award Ceremonies; and The Honourable Mrs. Barry displayed the plaque presented to the Group and noted the presence at this meeting of Group members Mary Lynch, Thelma Messer and Saint John Police Constable David Caines. Note was made of the forthcoming Naval Tattoo on October 25 at Harbour Station. 4. Saint John Police Force Implementation Team Update Consideration was given to a report from the Saint John Police Force Implementation Team updating Council on its activities during the past week. Chief Sherwood presented the above report. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past week -- be received and filed. Question being taken, the motion was carried. 5. Re Navv Week October 18-26 On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that as recommended by Mayor McAlary, Common Council declare the week of October 18 to October 26, 1997 as Navy Week in the City of Saint John as requested in the submitted letter from the New Brunswick Division of the Navy League of Canada. Question being taken, the motion was carried. 6. Public MeetinQs On Ward System On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mayor McAlary suggesting that, as the ward system for electing municipal representatives has become an issue with the release of the amalgamation report of the Greater Saint John area, it would be in the best interest of the City of Saint John to be aware of how the citizens feel on whether or not there should be a ward system implemented in the City; and proposing that four public meetings be held from 7:00 o'clock p.m. to 9:00 o'clock p.m. during the months of October and November for citizens' presentations on this issue as follows: October 15 - South End community Centre; October 23 - Denis Morris Community Centre; October 29 - Forest Glen Community Centre; and November 4 - North End Community Centre -- be received and Council approve the proposal as contained in the letter as well as the schedule of dates. 86-633 COMMON COUNCIL OCTOBER 6, 1997 During discussion Mayor McAlary noted her intent that there be no debate at the proposed public meetings and to pass along to the Provincial Government the information obtained at these meetings, and there was a question on whether or not, with the public input, the City would be taking responsibility for a ward system and managing the issue and also whether or not the City would be prepared to do what the citizens might indicate they want done. Question being taken, the motion was carried. 7. Options For Times To Consider Police Issues And Reports Consideration was given to a letter from Mayor McAlary suggesting that, as a large commitment of time is required to listen and make decisions on issues pertaining to the Police Department, it might be in the best interest of the Saint John Police Force and Council to dedicate a separate time for only Police issues and reports; putting forth the following options to meet solely on Police issues and reports, and asking Council's input in this regard: (1) that Council schedule a separate meeting, once a month, perhaps on a Wednesday evening commencing at 4:00 p.m.; or (2) that Council dedicate one Monday a month, at a regular 4:00 p.m. open Council meeting. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that Council reschedule one regular meeting per month, normally scheduled to start at 4:00 o'clock p.m., to begin at 3:00 o'clock p.m. to deal with Police issues for the first two hours of that meeting. Councillor Brown expressed the view that, as Council did not have the time to deal with Police issues and rather than scheduling and dedicating more meetings to Police business, Council should be delegating and passing this on to a police commission. Councillor Waldschutz suggested that Council would be unable to do justice to so important an issue in the City as Police governance in a casual couple of hours a month, and that Council should approve option (1); and Deputy Mayor Chase spoke in favour of option (1). The Mayor, in calling for the question on the above motion, suggested that the necessary changes could be made if the two hours did not work out and, in response to Councillor Ball's query as to amending the motion accordingly, replied in the negative in that Council could judge the situation as it proceeds in this regard. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Ball, Brown and Waldschutz voting "nay". The Mayor advised that the above practice would commence at 3:00 o'clock p.m. at the regular Council meeting of October 20. 8. Tender For Contract 97-19 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 97-19, Fairville Boulevard street reconstruction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $269,153.45, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 86-634 COMMON COUNCIL OCTOBER 6, 1997 9. Tender For HiQhwav Salt On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Cargill Salt, a Division of Cargill Ltd., be accepted for the supply of highway salt for the 1997/98 winter season, at the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 10. Terms Of 1997 Bond Issue On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute debentures between the City of Saint John and the New Brunswick Municipal Finance Corporation for $13,230,000 at the following terms:- Term: 10 Year, Serial Form; Coupon Rate: Year 1 - 4.125, Year 2 - 4.625, Year 3 - 5.000, Year 4 - 5.250, Year 5 - 5.375, Year 6 - 5.500, Year 7 - 5.625, Year 8 - 5.750, Year 9 - 5.875, Year 10 - 6.000; Price: $99.29 Yield to Maturity 5.672%; Settlement Date: October 16, 1997. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that item 16 on the agenda of this meeting be brought forward for consideration at this time. Question being taken, the motion was carried. 16. The BudQet Process "Open Or Closed" Consideration was given to a report from the City Solicitor addressing the operation of Section 10.2(1),(2) of the Municipalities Act in the context of the Saint John Times Globe's request to Council on September 8 to be present during all budget deliberations this fall, and referencing the statement in the text Canadian Municipal Corporations that "it appears that, where the statute is silent, council meetings are not open to the public or to ratepayers or reporters. In common law there is no right to access on the part of the inhabitants or the press to hear a council's deliberations, and council may have in camera meetings whenever it thinks it proper to do so. "; and summarizing his opinion that the current provisions of the Municipalities Act do not require that the submissions concerning upcoming municipal budgets or the deliberations and debate in that regard by members of Council take place at a council meeting open to the public; and further that such submissions, debate and deliberation may take place at a meeting of the Committee of the Whole closed to the public. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 11. Re BudQet Deliberations Consideration was given to a report from the City Manager pointing out that, further to the September 8 referral of the letter from the Managing Editor of the Saint John Times Globe newspaper requesting permission to be present during all budget deliberations, staff's response on this issue must deal with far more than a 86-635 COMMON COUNCIL OCTOBER 6, 1997 request from one media outlet in that the issue is whether or not more of Council's budget deliberations might or should be held in open session; noting the City Solicitor's opinion in this regard under item 16 on the agenda of this meeting and also that, as he has concluded that from a legal perspective there is nothing that would force Council to alter its current practice and thus the law would seem to very much support the practice that has been followed, this issue is essentially a policy decision of Council. The report comments in terms of issues that need to be considered beyond the legal requirements, in arriving at a policy recommendation, as follows: 1) duties and responsibilities of the City Manager; 2) the need for adequate deliberation time for Council; 3) a desire by the public to be more informed; 4) discussions of a strategic financial nature; 5) the need for public education and communication; and 6) the risk of undue delays; and recommends that Council adopt the submitted General Policy Statement with respect to budget deliberations. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Council adopt the submitted General Policy Statement with respect to budget deliberations. Councillor Trites, referring to section F of the proposed General Policy Statement which would have Council entertain any request from a party which desires to meet with Council in Committee of the Whole, proposed that the word "entertain", if it were to indicate that Council would allow any request, should be changed to "consider". Moved in amendment by Councillor Trites Seconded by Councillor Ball RESOLVED that the word "entertain" in section F of the submitted General Policy Statement with respect to budget deliberations be changed to "consider". Question being taken, the amendment to the motion was carried. Question being taken, the motion, as amended, was carried. 12. Bomb Threat Evacuation Procedures On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Chief of Police submitting a policy covering evacuation procedures to be followed in the event of a bomb threat in the City Hall building -- be received and implemented. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 13. Traffic By-Law Amendment Re LoadinQ Zones Read a report from the City Solicitor submitting a proposed Traffic By- Law amendment for Council's consideration of third reading, first and second readings having been given on September 15. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto" , 86-636 COMMON COUNCIL OCTOBER 6, 1997 with regard the time period for loading zones and a loading zone on Prince William Street, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 14. Traffic By-Law Amendment ParkinQ On Main Street North Read a report from the City Solicitor submitting a proposed Traffic By- Law amendment for Council's consideration of third reading, first and second readings having been given on September 15. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Main Street North, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) 15. Traffic By-Law Amendment LoadinQ Zone Main Street West Read a report from the City Solicitor submitting a proposed Traffic By- Law amendment for Council's consideration of third reading, first and second readings having been given on September 15. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", to remove a loading zone on Main Street West, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 17. Municipal Plan Amendment And Re-ZoninQ 1300 Loch Lomond Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Coughlan Realty (1992) Limited "In Trust" with regard to property at 1300 Loch Lomond Road have been completed, and the date for objections expired on October 2, 1997, and no written 86-637 COMMON COUNCIL OCTOBER 6, 1997 objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Coughlan Realty (1992) Limited "In Trust" for a Municipal Plan amendment and re- zoning of property at 1300 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 10, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. Zoning By-Law Amendment To Re-Zone 54 Fifth Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-448 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 54 Fifth Street (NBGIC Number 27060), having a frontage of approximately 73 feet on Fifth Street and an area of approximately 5,700 square feet, from "R-1 B" One-Family Residential to "R- 2" One- and Two-Family Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to a condition that the required parking area be developed and maintained in accordance with a site plan to be prepared by the applicants and subject to the approval of the Development Officer, and that the parking area be completed within six months of approval of the change-of-use permit for the conversion. The by-law entitled, "By-Law Number C.P. 100-448 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 19. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, September 29, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council authorize the acquisition of an easement for municipal services from the following property owners, as per the indicated terms:- (1) Stanley E. and Daphne E. Wetmore, 969 Seawood Lane (NBGIC Numbers 392449 and 55020937), over a portion of the subject property, measuring 108 m2 more or less, as generally shown on the submitted plan, for the sum of $500 plus survey, legal and other fees applicable to this transaction; (2) Frederick G. and Anne E. Turner, 981 Seawood Lane (NBGIC Number 392753), over a portion of the subject property, measuring 195 m2 more or less, as generally shown on the submitted plan, for the sum of $900 plus survey, legal and other fees applicable to this transaction; (3) Estate of Hazel Hazen, 991-993 Seawood Lane (NBGIC Number 382341), over a portion of the subject property, measuring 508 m2 more or less, as 86-638 COMMON COUNCIL OCTOBER 6, 1997 generally shown on the submitted plan, for the sum of $2,000 plus survey, legal and other fees applicable to this transaction; (4) Cynthia A. Bishop, 999 Seawood Lane (NBGIC Number 384743), over a portion of the subject property, measuring 116 m2 more or less, as generally shown on the submitted plan, for the sum of $530 plus survey, legal and other fees applicable to this transaction; and (5) Duck Cove Recreation and Heritage Association Inc., NBGIC Number 393835, over a portion of the subject property, measuring 220 m2 more or less, as generally shown on the submitted plan, for the sum of $600 plus survey, legal and other fees applicable to this transaction; and further that the $1,800 water and sewer permit fee to hook into City services be waived for each of the above property owners provided they connect into the City services on or before December 31, 1997, and the Mayor and Common Clerk be authorized to execute the necessary documents. October 6, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 19.1. Duck Cove/Seawood Lane Easements & Waiver Of Water & Sewer Permit Fee On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 20. Fort LaTour Development Authority Application For Grant (Councillor Fitzpatrick re-entered the meeting.) Councillor Trites proposed a motion, which was not seconded, to refer the Fort LaTour Development Authority's grant request to the budget process. The Mayor expressed the understanding that this matter had not been cleared by the Authority, and suggested that it should be referred back to the Authority, and Councillor Trites withdrew the proposed motion. Councillor Ball, a member of the Fort LaTour Development Authority, advised that the grant request was discussed but not voted on and there was a need for much more detail, and suggested that it be sent back to the Authority for further review and then to the budget process. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Fort LaTour Development Authority making application for a formal grant of $9,000 as per the submitted budget -- be referred back to the Fort LaTour Development Authority. (Councillor Vincent re-entered the meeting.) Question being taken, the referral motion was carried. 21. Recreation And Parks Advisory Board ResiQnation Of Bernie Lunnev On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Ray E. Thompson, Chair of the Recreation and Parks Advisory Board, advising of the Board's acceptance of Mr. Bernie Lunney's resignation, and requesting Council to consider appointing a replacement to fill the vacancy resulting from the resignation -- be received and referred to the Nominating Committee and Council accept the resignation of Mr. Lunney and thank him for his service to the City. 86-639 COMMON COUNCIL OCTOBER 6, 1997 Question being taken, the motion was carried. 22. Responses To August 18, 1997 Council Resolution Re Quebec On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters from the Office of the Prime Minister, the Minister of Agriculture and Rural Development, Mr. Gilles Bernier, M.P. Tobique-Mactaquac, and the Minister of Justice, in response to Common Council resolution of August 18, 1997 in support of Quebec remaining part of Canada - - be received and filed. Question being taken, the motion was carried. 23. First Night Saint John Use Of Council Chamber On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Ms. Beth Richardson, President of First Night Saint John, requesting the use of the Council Chamber for this year's celebration of First Night on December 31 -- be received and filed and Council accede to the request to use the Council Chamber. Question being taken, the motion was carried. 24. Village Of Grand Manan Quebec As Part Of Canada On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Village of Grand Manan advising of the adoption of a resolution at its regular Council meeting of September 2, 1997 in support of Quebec remaining part of Canada -- be received and filed. Question being taken, the motion was carried. 25. Request For Sponsorship Of 1998 National Conference Of Canadian Mathematical Society On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Abraham Punnen, for the local organizing committee of the 1998 National Conference of the Canadian Mathematical Society, to be held in Saint John on June 4 - 8, 1998, requesting that Council sponsor a reception at an estimated cost of $1,800 -- be referred to the City Manager for more detail. Question being taken, the motion was carried. 26. Response To September 29 Presentation Re Circus Animal Prohibition Bv-Law Councillor Knibb proposed a motion, which was not seconded, to receive and file the letters responding to the September 29 presentation to Council regarding a circus animal prohibition by-law. 86-640 COMMON COUNCIL OCTOBER 6, 1997 On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the letters from (a) the Board of Directors of the Yarmouth SPCA, (b) Atlantic Cat Hospital Ltd.; (c) the Nova Scotia Humane Society; (d) TAPA (Taking Action To Protect Animals); (e) The Vancouver Humane Society; (f) Gail Zwicker; (g) the Park View Education Centre; and (h) SETA (Students For The Ethical Treatment of Animals), further to the presentation to Council on September 29 by Jessica Vihvelin requesting the enactment of a circus animal prohibition by-law -- be referred to the City Manager. Question being taken, the motion was carried. 27. Michael J. Graham - Water Run-Off End Of Drivewav 2259 ArmstronQ Road On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the letter from Mr. Michael J. Graham bringing to Council's attention a 15-year old problem with which he has to contend at the foot of his driveway at 2259 Armstrong Road where a water run- off causes unnecessary build-ups of snow and ice during the winter -- be referred to the City Manager. Question being taken, the motion was carried. 28. Annual Saint John Riverboat Classic - Request For Grant On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Mr. Bill Flowers requesting a grant of $500 per year for the next five years, and the donation of four Saint John books to be presented along with the City of Saint John trophy to the winning rink, for the Annual Saint John Riverboat Classic held at the Thistle-St. Andrews Curling Club -- be referred to the budget process. Question being taken, the motion was carried. 29. River Road Concerned Citizens Committee Leachate Treatment At Crane Mountain & QuarrvinQ Activitv Acamac Backland Road On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mr. David R. Bowen, Chairman of the River Road Concerned Citizens Committee, questioning, in view of the Fundy Region Solid Waste Commission's intent to transport untreated liquid to the Lancaster sewage treatment plant as the pre-leachate treatment facility will not be open until sometime after the landfill begins accepting waste and as Council agreed to accept pre-treated waste from Crane Mountain, Council's fortitude to hold the Commission to this agreement, as well as whether or not all monitoring wells will be in place and operational when and if the Crane Mountain facility opens; and expressing concern about the City's failure to prevent quarrying of rock on Acamac Backland Road just west of Rts. 7 and 177 -- be referred to the City Manager and a copy be forwarded to the Fundy Region Solid Waste Commission. During discussion Councillor Brown, a member of the Fundy Region Solid Waste Commission, advised that, in the initial stages of the landfill, leachate may not require dilution because there would not be that much material and any rain water would be a dilution factor; however, the material will be tested to see if it needs 86-641 COMMON COUNCIL OCTOBER 6, 1997 treatment and, if it has to be treated, it will be before it is trucked off-site; and commented on the reason for the Commission's delay in that it was taking a further step in examining the Zenon technology and looking at the Zenogem-method of leachate treatment, with a decision to be made soon on proceeding either with an aerated lagoon or the Zenon technology. Question being taken, the motion was carried. 30. Saint John Industrial Parks Ltd. Re-Zoning Of Property Adiacent To McAllister Industrial Park On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Saint John Industrial Parks Ltd. for the re-zoning of property adjacent to McAllister Industrial Park be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 10, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 31. Multicultural Association Of Saint John - Nominations To Greater Saint John Economic Development Commission On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Multicultural Association of Saint John Inc. expressing the understanding that there were now four vacancies on the Greater Saint John Economic Development Commission (Enterprise Saint John); however, it appears there are no members who could be considered as belonging to an ethnic or a visible minority group; and expressing the hope that Council, in view of the importance of encouraging development which could be of benefit to all, will encourage those having the right to make nominations to the Commission to give full consideration to appointing individuals who could be considered as belonging to an ethnic or visible minority group as a member of the Commission -- be referred to the Nominating Committee. Question being taken, the motion was carried. 32. Saint John Industrial Parks Ltd. Landscape Plans For Industrial Parks Read a letter from Councillor Trites, President of Saint John Industrial Parks Ltd., advising, further to advising Council on July 21 of the selection of BOA Ltd. of Sussex and Outside Design of Saint John to undertake the creation of landscape plans for Spruce Lake, McAllister and Grandview Avenue Industrial Parks, of a meeting with the consultants to finalize the parameters of this project and BOA's submission of a cost estimate of $16,615 (HST included) for the preparation of three landscape/master plans, which is in line with the estimate for the project; and requesting Council's authorization of a purchase order in this amount. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that Common Council authorize the issuance of a purchase order in the amount of $16,615 (HST included) to Basic Design Associates (1983) Ltd. (BOA) for the development of landscape plans for Spruce Lake, McAllister and Grandview Avenue Industrial Parks. Question being taken, the motion was carried. 86-642 COMMON COUNCIL OCTOBER 6, 1997 Adjournment On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned and a Committee of the Whole meeting be held. Question being taken, the motion was carried. Common Clerk