1999-11-15_Minutes
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COMMON COUNCIL
NOVEMBER 15,1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifteenth day of November, AD., 1999, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Trites, Vincent and White
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Municipal Operations; W. Butler, Commissioner
of Community Services; S. Galbraith, Director of Works; J. Baird,
Manager of Community Planning; W. Edwards, Building
Inspector; S. Lodhi, Manager of Real Estate and Facility
Management; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C.
Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and
Ms. C. Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and offered the opening
prayer.
2. Approval of Minutes
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that minutes of the meeting
of Common Council, held on November 8, 1999, be approved.
Question being taken, the motion was carried.
(Deputy Mayor Chase entered the meeting.)
3(a) Municipal Plan Amendment
(b) Re-ZoninQ 439 Prince Street West
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately
1.8 hectares (4.7 acres) located at 439 Prince Street West (former OVA Hospital site)
(NBGIC Numbers 00394924, 55143606, 551436214 and 55143622), from Major
Institutional to Low Density Residential classification, and (b) the proposed re-zoning of
the same parcel of land from "IL-2" Major Institutional to "TH" Townhouse classification,
to permit a development consisting of approximately 85 townhouse units, as requested
by Home Harbour Estates, and no written objections were received in this regard.
3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and letters received from area
residents considered at the Committee's November 9, 1999 meeting at which the
landowner, Chuck Crawford, expressed support for the staff recommendation, and
presentations were made by two area residents in concern with regard to the proposed
number of townhouse units and certain aspects of the preliminary design, and the
applicant expressed a willingness to continue to work with City staff in order to address
these concerns; and recommending that Common Council (1) amend the Municipal
Development Plan by redesigning on Schedule 2-A an area of approximately 1.8
hectares (4.7 acres) located at 439 Prince Street West (NBGIC Numbers 00394924,
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COMMON COUNCIL
NOVEMBER 15,1999
55143606,55143614 and 55143622), from Major Institutional to Low Density Residential
classification; and (2) re-zoning the same area of land from "IL-2" Major Institutional to
"TH" Townhouse classification.
Chuck Crawford of 360 Maple Row, President of Home Harbour Estates,
appeared in support of his application and, having noted that Darling Construction - the
general contractors in the joint venture with him to develop the site, was represented at
the meeting, advised that they were in the process of working with Planning staff to
provide a development plan and the information on the detailed specifications of where
the homes are to be located, lot sizes and any particular things needed with regard to
the development. Mr. Crawford, referring to the letters submitted with the above report
from the Planning Advisory Committee, advised the intent to provide 2.25 parking
spaces per lot rather than the 1.25 originally indicated and that Prince Street West would
be the main access off the site, and there would be no homes on Lancaster Avenue
accessing that street as far as driveways are concerned; and, with regard to the concern
about water pressure and sewerage, advised that this was not an issue as the site is on
a high-pressure line and will not be drawing off the gravity-fed line off the tower and
should have no effect on water pressure anywhere on the West Side, and the sewerage
was no problem as there was lots of elevation and access to the sewerage lines to be
able to take the sewerage away and, with respect to the mixture on the site, advised that
it was anticipated that there would probably be more garden homes than townhouses on
the site.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law" by redesignating on Schedule 2-A, the Future
Land Use Plan, an area of approximately 1.8 hectares (4.7 acres) located at 439 Prince
Street West (NBGIC Numbers 00394924, 55143606, 55143614 and 55143622), from
Major Institutional to Low Density Residential classification, be read a first time.
In response to a question on the number of units, Mr. Baird commented
on the subdivision process in that, once plans were finalized on details with respect to
green space, access, height of units, a recommendation for subdivision plan approval
would be forthcoming to Council from the Planning Advisory Committee subsequent to
third reading of the subject By-law amendments, at which time any concern with respect
to the number of units could be addressed.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-law" by redesignating on Schedule 2-A, the
Future Land Use Plan, an area of approximately 1.8 hectares (4.7 acres) located at 439
Prince Street West (NBGIC Numbers 00394924,55143606,55143614 and 55143622),
from Major Institutional to Low Density Residential classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning an area of
approximately 1.8 hectares (4.7 acres) located at 439 Prince Street West (NBGIC
Numbers 00394924,55143606,55143614 and 55143622), from "IL-2" Major Institutional
to "TH" Townhouse classification, be read a first time.
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NOVEMBER 15,1999
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning an area of
approximately 1.8 hectares (4.7 acres) located at 439 Prince Street West (NBGIC
Numbers 00394924,55143606,55143614 and 55143622), from "IL-2" Major Institutional
to "TH" Townhouse classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-law Amendment
To Re-Zone 481 MillidQe Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 481
Millidge Avenue (NBGIC Number 55115034), from "R-1 B" One Family Residential to
"US" Utility and Service classification, to place the property in a zone category that
reflects the present use of the site as an electrical substation and to facilitate any future
expansion to the existing facility, as requested by the City of Saint John, and no written
objections were received in this regard.
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
November 9, 1999 meeting at which Rick Turner, on behalf of the property owner, stated
his agreement with the recommendation to re-zone the property to "US" Utility and
Service; and recommending that Common Council re-zone a parcel of land located at
481 Millidge Avenue (NBGIC Number 55115034), having an area of approximately 1.9
acres, from "R-1 B" One Family Residential to "US" Utility and Service classification.
Rick Turner of Hughes Surveys & Consultants Ltd. was present in support
of the application, accompanied by Eric Marr of Saint John Energy, and advised of their
agreement with Planning staff's recommendation, as well as staff's initiative in this re-
zoning, and offered to address any concerns in this regard.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the by-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 481 Millidge Avenue (NBGIC Number 55115034), having an area of
approximately 1.9 acres, from "R-1 B" One Family Residential to "US" Utility and Service
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
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COMMON COUNCIL
NOVEMBER 15,1999
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the by-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 481 Millidge Avenue (NBGIC Number 55115034), having an area of
approximately 1.9 acres, from "R-1 B" One Family Residential to "US" Utility and Service
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-law Amendment
To Re-Zone 1030 Dever Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 1030
Dever Road (a portion of NBGIC Number 398693), from "1-1" Light Industrial to "R-1A"
One Family Residential classification, to permit the construction of a one-family dwelling,
as requested by Doug Simpson, and no written objections were received in this regard.
5{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and letters in favour of the
proposal considered at the Committee's November 9, 1999 meeting at which no persons
were present to speak in favour of or against the proposal; and recommending that
Common Council re-zone a parcel of land located at 1030 Dever Road, having an area
of approximately 2.5 acres, also identified as being a portion of NBGIC Number 398693,
from "1-1" Light Industrial to "R-1A" One Family Residential classification.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-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 1030 Dever Road (a portion of NBGIC Number 398693), having an area of
approximately 2.5 acres, from "1-1" Light Industrial to "R-1A" One Family Residential
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that the by-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 1030 Dever Road (a portion of NBGIC Number 398693), having an area of
approximately 2.5 acres, from "1-1" Light Industrial to "R-1A" One Family Residential
classification, be read a second time.
Question being taken, the motion was carried.
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COMMON COUNCIL
NOVEMBER 15,1999
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
7. Mavor's Remarks
Mayor McAlary proclaimed November 14, 1999 as World Diabetes Day
and November 1999 as Diabetes Month in the City of Saint John, and requested the
citizens of Saint John to join Council in recognizing children and their potential role in the
community by the observance of National Child Day on Saturday, November 20, 1999;
and expressed appreciation to the Saint John Fire Department and Saint John Police
Force for their involvement in the Santa Claus Parade on November 13.
8. Tender For New Traffic Truck
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the tender of Temcon Division of John White Ltd., in the amount of
$82,899, plus tax, be accepted for the supply of one new 17,000-lb cab and chassis c/w
aerial lift device and bucket.
Question being taken, the motion was carried.
9. Tender For Contract 99-25
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Contract 99-25, Saint John Throughway - Sheriff Street sewer pipe
lining, be awarded to the low tenderer, Insituform Technologies Limited, at the tendered
price of $387,330, 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.
10. Traffic By-law Amendment
Re ParkinQ On Harmonv Drive
Read a report from the City Solicitor submitting, for Council's
consideration of third reading, a proposed Traffic By-law amendment which would
eliminate parking on the west side of Harmony Drive, along its entire length, which was
given first and second readings on November 8, 1999.
On motion of Councillor Desmond
Seconded by Councillor White
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 Harmony Drive, be read a third time and enacted and the Corporate
Common 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.
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11. Traffic By-law Amendment
Re Leinster/Carmarthen Streets
Read a report from the City Solicitor submitting, for Council's
consideration of third reading, a proposed Traffic By-law amendment consistent with
signage changes made when the traffic pattern on Leinster Street was changed and to
delete the one-hour parking restriction on the south side of Leinster Street to
accommodate the school bus loading zone and reflect the appropriate signage changes,
which was given first and second readings on November 8, 1999.
On motion of Councillor White
Seconded by Councillor Desmond
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 Leinster and Carmarthen Streets, be read a third time and enacted and
the Corporate Common 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.
12. 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, November 8, 1999, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee
submits the following recommendation, namely:
1. That as recommended by the City Manager, the City of Saint John sell (1)
641 :t m2 of land formerly part of Osborne Avenue stopped up and closed September 7,
1999; (2) 480 :t m2 of land formerly part of Moore Street stopped and closed September
7, 1999; and (3) 2,400:t m2 of land being part of NBGIC Number 28258 in three parcels
(as generally shown on the submitted drawing), to L.S.O. Enterprises Ltd. for the
purchase price of $13.03 per square metre, with a closing date of on or before June 30,
2000, upon the following terms and conditions: (1) L.S.O. Enterprises Ltd., prior to
closing, shall have prepared and pay for all subdivision plans required to facilitate the
conveyances proposed herein, including such subdivision plan as is required to vest as
public street the land as shown on the submitted plan for Harbour Lights Terrace; and
(2) L.S.O. Enterprises Ltd., prior to closing, shall have, in writing, approval from the
Development Officer of its development plan and approval from the Chief City Engineer
of its engineering design of the public street currently called Moore Street; and the
Mayor and Common Clerk be authorized to execute the deed; and further that L.S.O.
Enterprises Ltd. be advised that, as per the submitted plan for Harbour Lights Terrace,
the subject land will require re-zoning, and that Common Council is not explicitly or
implicitly obligated to approve any such re-zoning application arising herefrom.
November 15, 1999
Saint John, NB
Respectfully submitted,
(sgd.) Shirley McAlary
C h air man.
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COMMON COUNCIL
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12.1. Sale Of Land AlonQ Moore & Osborne Streets
On motion of Councillor White
Seconded by Deputy Mayor Chase
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried with Councillor Desmond
voting "nay" .
13. Planning Advisory Committee
Subdivision 29 Somerset Street
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted tentative plan
of 29 Somerset Street that would vest the front portion of the subject property, being
comprised of an area of approximately 51 square metres (549 square feet), as part of
the Somerset Street public right-of-way.
Question being taken, the motion was carried.
14. Saint John Industrial Parks Ltd.
Closure Of Surplus Portion Of
Street RiQht-Of-Wav. McAllister Drive
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from Saint John
Industrial Parks Ltd. advising of its interest, as well as the interest of 038301 N.B. Ltd.
(Atlantic Controls), in acquiring the surplus right-of-way in front of their respective
properties, being Lot 97-1 and Lot 86-1 on Mcilveen Drive, respectively, in McAllister
Industrial Park, which resulted from the realignment of Mcilveen Drive; and requesting
that this request be referred to the City Manager for input and a recommendation to
Council, be referred to the City Manager.
Question being taken, the motion was carried.
15. Monument For Shantou, China
(a) Bertha Wood-Holt;{b) Eric L. Teed
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from Bertha
Wood-Holt further to her previous letter on the issue of the tree and stone placed by the
Mayor in King's Square for the Shantou, China twinning, be received and filed:
AND FURTHER that the letter from Eric L. Teed suggesting locations for
the monument for Shantou, China, be referred to the City Manager for consideration.
Question being taken, the motion was carried.
16. Multicultural Association Of Saint
John. Inc. Re Fort Howe Blockhouse
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that the letter from Multicultural
Association of Saint John, Inc., reporting a successful year of operating the Fort Howe
Blockhouse through a special committee of volunteers under Chairman Norman Tuplin;
and advising of the need for a second floodlight, the provision of the historic Union Flag,
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COMMON COUNCIL
NOVEMBER 15,1999
protective stones or log fencing around the southern side, some preservation placed on
the Blockhouse woodwork, and caulking of the Blockhouse, be referred to the City
Manager for the budget process.
At Councillor Trites' request, referral to the budget process was included
in the above motion.
Question being taken, the motion was carried.
The Mayor declared a recess until 8:00 o'clock p.m. at which time
representatives of the Fundy Region Solid Waste Commission would be present, under
item 6 on the agenda of this meeting, further to the correspondence submitted to Council
on November 1, 1999.
The Common Council meeting reconvened at 8:05 o'clock p.m.
6. Fundy Region Solid Waste Commission
Previous Correspondence To Council
John King, Chairman, and Jens Jensen, General Manager of the Fundy
Region Solid Waste Commission, and Sue West of the Fundy Future Environments and
Benefits Council, were present at the meeting further to the Commission's submission to
Council at its November 1, 1999 Council meeting of (a) a Notice of Intention to vote on a
borrowing resolution; (b) the Commission's proposed Capital and Operating Budgets for
the fiscal year 2000; and (c) proposed regulatory changes, Province of New Brunswick,
on provisions for reserve funds for solid waste commissions.
Mr. King, in suggesting that the cost to the City would be over $100 per
tonne should it be still exporting its solid waste to the Westmorland-Albert landfill as was
the case two years ago prior to the opening of the Crane Mountain landfill site, described
the Commission, with its twenty-two full-time employees and a state-of-the-art facility, as
the local solution to the local problem. Mr. Jensen noted that the Commission, for the
most part, with fourteen months of experience behind it as far as direct operation was
concerned, has stabilized or contained its operating costs, and installation would be
complete by Christmas of a fully functioning recycling drop-off system in the Region;
and, with respect to the budget for operations, advised that, in dollar terms, operating
costs for 2000 would be about what they were for 1999, with the expectation being that
the drop-off depot system would remove about 6,000 tonnes of recyclable materials from
the waste stream and a resultant increase in the tipping fee for the ordinary run of waste,
because of those non-accessible tonnes, from $67 per tonne in 1999 to $69.50 per
tonne in 2000. Mr. Jensen also advised the intent in the Year 2000 to construct the
composting plant and to bring it into service in the Year 2001 at which time the
Commission would go to a differential tipping fee system similar to that in other areas
where this type of scheme has been set up, noting the long-term projections submitted
with the budget documents; and, referencing Saint John, Rothesay and Hampton as the
three municipalities in the Fundy Region that provide municipal collection as a service to
their residents, advised that, in the Year 2000 because the composting plant was not on
stream, the City of Saint John would actually see its bottom-line cost for disposal of its
materials to the Crane Mountain landfill go down by $130,000 compared to the 1999
estimate and, in the Year 2001 with bringing the composting plant on stream on April 1 ,
it was estimated that the City's bottom-line figures would return very close to the 1999
figures and, in 2001 with a full year of that plant on stream, the City would be looking at
something in the order of $100,000 over the 1999 figures, going from $1.2 to $1.3 million
for the City's account for those years, respectively.
Messrs. Jensen and King responded to questions and concerns with
respect to issues, including projections on the tipping fee; the use of Zenon water
purification technology; proposed cell construction in 2001; regulations for the use of
reserve funds; the monitoring of groundwater; the disposal of construction and
demolition waste at a special rate, and the proposed purchase of a grinding machine to
grind up construction and demolition waste; and on the composting program in terms of
the cost, the use and size of carts and carts versus bags, scheduling for waste pick-up,
the cost of carts and of modifying trucks to accommodate cart pick-up, the need for
education on composting, and the calculation of the projections of the tonnes to be taken
out of the system for composting and the tonnes for the landfill for Saint John, Rothesay
and Hampton; and Mr. Jensen advised that he could provide the Commission's
organization chart of employees and information on the Commission's total payroll in
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NOVEMBER 15,1999
that, in the budget document, it was divided over the various items that relate to what the
employees do. Councillor Chase, the City's representative on the Fundy Region Solid
Waste Commission, asked for the Commissioner of Finance's comments on the
Commission's proposed budget, and Mr. Beckett expressed the view, having had the
opportunity during a staff briefing at the landfill site to go over the numbers presented to
Council in more detail and look at the nature of the operation, that the information
provided to staff and to Council is complete enough on which to make a
recommendation and, at the heart of whether Council chooses to approve the budget at
this point in time, is the commitment to the composting program, which is the significant
element projected in terms of capital expenditures for next year and then impact on
operating costs in the years that follow; and that discussion could be taken a number of
different ways depending on what Council feels will be the success of that program and
what it thinks the private enterprise's reaction and response might be to the tipping fees
that would approach $100 per tonne. Mr. Beckett made the observation that, as solid
waste is a volume-based business with certain costs associated with the landfill site and
the programs and the tipping fee could be worked out at $90 a tonne or $70 a tonne or
$54 a tonne for compost, it was more simple to look at it on an overall sense and say
that x million dollars a year is needed and come up with different kinds of combinations
and permutations on fees by which to raise the amount needed but, as the volume of
waste goes down as waste is being directed to other streams, the tipping fee has to rise
in order to ensure that the revenue stream is there; thus, by doing the right thing
environmentally, there is a cost associated to it. Mr. Beckett concurred that the landfill is
a first-class operation which is reflected in the cost being borne, with close to $30 million
spent in terms of developing the solid waste operation.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the above matter be
referred to the City Manager for a report to Council.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk