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1997-11-03_Minutes 86-690 COMMON COUNCIL NOVEMBER 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 November, AD. 1997, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Acting Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; B. Morrison, Director of Recreation and Parks; J. Baird, Manager of Community Planning; E. Edwards, Building Inspector; G. Tait, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; 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 Lisa Brantfrancis of the Church Army offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meetings of Common Council, held on Saturday, October 25 and Monday, October 27, 1997, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary proclaimed November 2 to 8 as Crime Prevention Week, and November 5 to 11 to be Remembrance Week, as well as Veterans' Week, in the City of Saint John in recognition of the services and achievements of Canadians at home and overseas during the First and Second World Wars, the Korean War and peacekeeping operations around the world; and Ms. Karen Savoie, appearing on behalf of Veterans Affairs Canada in the latter regard, presented to the City of Saint John a 1997 Remembrance Day poster paying a special tribute to those who served in the Korean War from 1950 to 1953. Mayor McAlary also proclaimed November to be Diabetes Month in the City of Saint John; and advised of an Operation Christmas Child project under the leadership of Reverend David Nicholson of the Douglas Avenue Christian Church. * Added Item The Mayor asked for a motion to add to the agenda of this meeting, from the Committee of the Whole agenda of this date, item 20, being the Fundy Region Solid Waste Commission update. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that item 20 on the Committee of the Whole agenda of this date, being the Fundy Region Solid Waste Commission update, be added to the agenda of this meeting for consideration as item 9A 86-691 COMMON COUNCIL NOVEMBER 3, 1997 Question being taken, the motion was carried. 4. City Market By-Law Amendment Sunday OpeninQ, November 16 On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the report from the City Manager advising of the City Market Merchants Association's request to open the City Market on Sunday, November 16 during the period of Uptown Saint John's Old Fashioned Christmas Open House promotion; and recommending that Common Council give first and second readings to the submitted amendment to the City Market By-Law -- be received and filed: AND FURTHER that the by-law to amend the City Market By-Law, with regard to Sunday opening on November 16, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law to amend the City Market By-Law, with regard to Sunday opening on November 16, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-Law. 5. Re Island View School Playground Committee's October 27 Presentation Read a report from the City Manager submitting a recommendation further to the October 27 presentation to Council by the Island View School Playground Committee. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City of Saint John partner on an equal basis the cost of development of a playground to CSA standards at Island View Heights School and that the City portion of the expense, estimated to be $17,928.51, be drawn from the Land For Public Purposes Trust Fund, subject to the Superintendent of School District No.8 agreeing to the joint use of this playground by the community and the school. The motion was changed to reflect Mr. Nugent's suggestion that, as the Community Planning Act provides that Land For Public Purposes funds can be used for the development of lands adjacent to a school provided there is joint use of the lands by the community as well as the school, the City Manager's recommendation should be subject to the Superintendent of School District No.8 agreeing to the joint use of this playground. Question being taken, the motion was carried. 86-692 COMMON COUNCIL NOVEMBER 3, 1997 6. Change In Public Hearing Dates Re-Zoning 1724-1726 Rothesay Road And 13 Clairmont Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager recommending that, as the applicant for the re-zoning of 1724-1726 Rothesay Road and 13 Clairmont Street has advised that he would not be able to attend a November 24 public hearing as scheduled by Council on October 20 and has requested that the public hearing date be changed to December 8, 1997, the public hearing for the re-zoning of the property at 1724-1726 Rothesay Road and 13 Clairmont Street be changed from November 24, 1997 to December 8, 1997 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 7. Easement Re Encroachment On Rodnev & Ludlow Streets Read a letter from the City Manager submitting correspondence from the Legal Department advising of a request for an easement from the solicitor for Ronald J. LeBlanc, owner of the property at 141 Rodney Street, to permit the encroachment of Mr. LeBlanc's building upon Rodney and Ludlow Streets; and recommending that Council adopt the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the sum of one dollar ($1.00), to execute a grant of easement in favour of Ronald J. LeBlanc to permit the encroachments of his dwelling at 141 Rodney Street upon Rodney Street and upon Ludlow Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 8. Mispec Park Master Plan Presentation Read a report from the City Manager regarding the improvements the Mispec Park Recreation Association has been carrying out at Mispec Park for the last two years and the financial commitments the City has made in this regard; advising that the work on the playground and the wastewater system is complete and the submitted Master Plan is ready for review by Council; also advising of the need for a financial commitment (either cash or in-kind) in future years to ensure the Park is developed in the best interest of all concerned, and funding requests will be presented as part of the Capital Budget submission; and making a recommendation in this regard. Mr. Totten noted that no commitment of funds was being requested of Council and, having been introduced by Mr. Morrison, Mr. Daniel Glenn of Daniel K. Glenn Ltd. advised that the intent was not to transform Mispec Park into anything other than what it is but rather to elevate it to something that would respond to both local and tourist needs so that it could become another bead in the chain of tourism recreation development such as is happening along the coast in light of some of the opportunities that could come with the Fundy linear park; and, referring to a plan of the area, highlighted the Master Plan in terms of the development of a parking area, the beach area, sportsfields and the woodland, as well as a beach facility consisting of a washroom/change house-type facility and canteen and a future social centre, and the embankment to the beach. Mr. Glenn made the observation that the Plan was fairly modest, being spread over three years with budget amounts of about $80,000 per year for infrastructure, plus funding for a canteen-type facility. 86-693 COMMON COUNCIL NOVEMBER 3, 1997 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the submitted Mispec Park Master Plan (as prepared by Daniel K. Glenn Ltd., September 1997), be adopted and all development at Mispec Park be in accordance with the Plan, and further that the actual scheduling of improvements be adjusted subject to the availability of funds from the City or other sources. Question being taken, the motion was carried. 9. Leachate AQreement Consideration was given to a report from the City Manager advising that, if documentation were received from the Province, a report on the leachate would be presented at this meeting. Consideration was also given to a report from the City Manager (copies of which were distributed to Council members at this meeting) referring to Council's June 2, 1997 approval to enter into a 5-year agreement with the Fundy Region Solid Waste Commission to accept pre-treated leachate from the Crane Mountain site which would be treated at the Lancaster wastewater treatment facility, the reference to pre- treated having been recommended by staff because it was one of the 13 conditions established by the Provincial Department of the Environment for development of the Crane Mountain site; submitting a document from the Province which modifies condition "g" such that untreated leachate can be trucked from the Crane Mountain site; and advising that, in light of this information, staff is recommending that Council approve entering into the submitted 5-year agreement with the Commission to receive and treat leachate from Crane Mountain at the Lancaster wastewater treatment facility, and also that the Water and Sewerage By-Law apply. The report also advises that the submitted agreement identifies that the conditions, charges and fees of the latest revision of the Water and Sewerage By-Law would apply, and the Commission would be responsible for any additional monitoring or testing as requested by the Department of the Environment; and recommends adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the resolution of June 2, 1997 dealing with the treatment of leachate from the Crane Mountain landfill facility at the Lancaster wastewater treatment facility is hereby amended by eliminating the word "pre-treated" in the term "pre-treated leachate", and further that the Mayor and Common Clerk are hereby authorized to execute the submitted agreement between the City and the Fundy Region Solid Waste Commission. In response to Councillor Vincent, Mr. Robichaud explained that, with the waiving of pre-treatment, he was satisfied that untreated leachate could come from the site to the lagoon and not cause any problems with the Lancaster sewerage treatment plant for the reason that, as this condition would be exempt only until August 31, 1998, the leachate would not reach its full strength by this period of time; and Mr. Nugent expressed the view that the agreement before Council was designed to protect the City as far as what is foreseeable, vis-a-vis the transportation, handling and discharge of leachate from the Crane Mountain facility at the Lancaster wastewater treatment plant and, should some difficulty arise as a result of operations which are consistent with the agreement, then the City would be responsible for the consequences; however, the agreement also provides that the monitoring of the leachate which would be delivered for discharge at the Lancaster wastewater treatment plant will meet any requirements or standards established by the Department of the Environment and, as well, will have to meet any standards that the Chief City Engineer determines presumably in connection with the proper and adequate operation of the plant and, while clearly there was always the unforeseen possibility that something could go awry, the effort has been in the agreement to provide the City with as much protection vis-a-vis the adequate operation of its wastewater treatment plant as possible. 86-694 COMMON COUNCIL NOVEMBER 3, 1997 Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". *9A. Fundy Region Solid Waste Commission Update The Mayor noted the decision to have a number of City commissions provide Council with activity reports, as well as that some of these update reports have been given in Committee of the Whole and, as in the case of the Greater Saint John Economic Development Commission (Enterprise Saint John), in open session of Council. Councillor Brown, the City's representative on the Fundy Region Solid Waste Commission, withdrew from the Council table and, in addressing Council from the podium, presented slides of the Crane Mountain landfill showing the first cell, the sediment ponds, the location of the second cell on which construction would start next year, berms, the parameter road, the highway interchange, and the area at which small loads of garbage would be deposited. Councillor Brown explained the liner system used at the Crane Mountain landfill, referring to an illustration of the system and displaying samples of the liner and other components which make up the system; and compared the old method of landfilling with the new method. Councillor Brown apprised Council of the Commission's negotiations with Zenon in terms of a leachate treatment system; and, as for diversion in that the Commission was the only one in the Province mandated to take a certain amount out of the landfill - that amount being 30% diversion by the year 2000 - a Waste Diversion Committee is in place, Mr. Don Shaw has been hired as of this today as Waste Diversion Co-Ordinator, and a Waste Diversion Plan has been done by Acres & Associates. Councillor Brown commented on a pilot project with respect to diversion, displaying slides of depot systems being used in Banff; also advised that a copy of the Operations Manual for the Crane Mountain landfill has been filed with the Regional Library; and reviewed the items included in the cost overrun in the $3 million range at the Crane Mountain landfill which, he advised, was made up of about eleven items of which eight related to environmental aspects to make the site better. Councillor Brown also advised that the Crane Mountain landfill was scheduled to open on November 10 and would be operated initially by the Project Manager, Gemtec, with the Commission to assume full responsibility next spring and to hire a general manager as soon as possible, and also that community benefits would be administered by the Fundy Future Environment & Benefits Council which would look at things like the interpretative centre, displays on recycling and the landfill operation and such; and further advised of the hiring of the Southern New Brunswick Woodlot Co-Operative Ltd. to do a Land Management Plan. Councillor Brown requested everyone concerned to playa responsible role in source separation, in finding new uses for the things we tend to dispose of now, and to treat the site with respect and follow the rules in that the site would return the benefits, and noted that the tipping fee would be $57 per tonne. During discussion Councillor Brown concurred with Councillor Arthurs' observation about the need for continuing education of the people in the above regard, and the Mayor thanked Councillor Brown for his presentation. 10. Possible Establishment Of Board Of Police Commissioners Consideration was given to a report from the City Solicitor further to Council's October 20 referral to the City Manager and the City Solicitor of the matter of the prospect of establishing a board of police commissioners; highlighting the legislative framework respecting the establishment and operation of a board, and providing some comments respecting the application of that legislation. The report refers to the former City Solicitor's comments to Council about the uncertainty presented by Section 7(4) of the Police Act vis-a-vis the total number of members of the board and the relative proportion of members appointed by the Minister and by Council, and notes that no clear indication exists to determine the number or identity of Council members serving on the board. The report suggests that, if Council were of the view that it would be in the City's best interests to establish a board of police commissioners, a resolution should be adopted expressing Council's intention to do so and identifying a target date for the board's establishment and, in the interim, Council could (1) authorize a process 86-695 COMMON COUNCIL NOVEMBER 3, 1997 to seek interested candidates for appointment by the Municipality to the board, (2) advise the Solicitor General of the resolution so that the appointment of members could be properly co-ordinated, (3) consider the question of the civilian personnel to become employees of the board, (4) attend to the matter of the budget and (5) attend to the matter of training or familiarization of potential appointees, presuming Council would seek the advice of the City Manager and the Commissioner of Finance with regard to (3) and (4). The report expresses the opinion that, if Council determines that it wishes to establish a board of police commissioners, it would be satisfactorily discharging its responsibility to provide the service of police protection if it were to proceed in a manner consistent with the tenor of this report. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above report be laid on the table until such time as Council makes a determination on the search for a new Chief of Police. Question being taken, the tabling motion was carried with Councillor Brown voting "nay". 11. Municipal Plan Amendment Re-ZoninQ 123 Hazen Street Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public hearing with respect to the submitted application of Tony Richard have been completed and the date for written objections expired on October 29, with no written objections having been received in this regard. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Tony Richard for a Municipal Plan amendment and re-zoning of property at 115-123 Hazen Street 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, December 8, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 12. Environment Committee Christmas Tree Mulch On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Environment Committee submitting a copy of a recent letter to the Waste Diversion Committee of the Fundy Region Solid Waste Commission regarding the Annual Christmas Tree Mulch -- be referred to the City Manager and the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 13. Coastal Enterprises Ltd. Amendment To Section 39 Conditions Re-ZoninQ Of 2304 Ocean Westway On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the application of Coastal Enterprises Ltd. for an amendment to the Section 39 conditions of re-zoning of 2304 Ocean Westway be referred to the Planning Advisory Committee for a report and 86-696 COMMON COUNCIL NOVEMBER 3, 1997 recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, December 8, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. New Brunswick Police Association RiQhts Of Municipal Governments On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the New Brunswick Police Association referring to the Province's April 17 announcement of an RCMP takeover in the City of Moncton and the Towns of Riverview and Dieppe; and requesting Council to send delegates and resolutions to the Cities of New Brunswick Association meeting in November in order to stop the destruction of long-standing fundamental and basic rights of municipal governments -- be received and filed and ensure that all City of Saint John representatives at the Cities of New Brunswick Association support the resolution in this regard. Upon Councillor Vincent's proposal of a motion that a resolution be prepared in the above regard, the Mayor made the observation that the Association has the motion. Question being taken, the motion was carried. 15. Peter Robichaud - Re-Zoning Of 388, 396 Russell Hill Road On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Peter Robichaud for the re-zoning of property at 388 and 396 Russell Hill 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, December 8, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. The Mayor advised the intent to meet in open session of Council on Saturday, November 8, for a morning session only commencing at 9:00 o'clock a.m., at which time Municipal Operations would present its proposed 1998 operating budget. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned followed by a Committee of the Whole meeting of Council. Question being taken, the motion was carried. Common Clerk