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2000-01-10_Minutes 87 -823 COMMON COUNCIL JANUARY 10, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of January, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, 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; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; P. Hanlon, Manager of Water and Sewerage Services; 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 Rev. Gordon O'Coin of Calvary Temple offered the opening prayer. The Mayor extended condolences to the families of the late Glenn Carpenter and J. Bernard Elliot, who passed away on January 6 and January 8,2000, respectively. The Mayor noted that she had not included Mayor's remarks on the agenda of this meeting because she had not received any by Friday and, in response to Councillor Titus' request to add something, advised that she had asked Council members earlier this date about noting the two deaths in question and asked two other Council members not to bring up any more items. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on Tuesday, January 4, 2000, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 151-155 Sandy Point Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to amend Schedule 2-A and Section 2.4.7.15(x), by redesignating (i) a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from Light Industrial (Approved Development) to Low Density Residential classification; and (ii) a parcel of land with an area of 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from Low Density Residential to Light Industrial (Approved Development) classification; and (b) the proposed re-zoning of the parcel of land described in (i) above, from "1-1" Light Industrial to "R-2" One and Two Family Residential classification; and the proposed re-zoning of the parcel of land described in (ii) above, from "R-2" One and Two Family Residential to "1-1" Light Industrial classification, to adjust the boundary between 151 and 155 Sandy Point Road, and permit an addition to the existing auto body shop located at 155 Sandy Point Road, as requested by Fender Mender Auto Body Ltd., 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 two letters from neighbouring property owners considered at the Committee's December 21, 1999 meeting at which John Johnson of Johnson Engineered Solutions Ltd. and Randy Wood of Fender Mender Auto Body Ltd. attended in support of the application and Mr. Johnson addressed the Committee in 87-824 COMMON COUNCIL JANUARY 10, 2000 agreement with the staff recommendation; and recommending that Common Council (1) amend Schedule 2-A and 2.4.7.15(x) of the Municipal Development Plan by: (a) redesignating, from Light Industrial (Approved Development) to Low Density Residential classification, a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road, also identified as being a portion of NBGIC Number 23937, and (b) redesignating, from Low Density Residential to Light Industrial (Approved Development) classification, a parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road, also identified as being a portion of NBGIC Number 23325; (2) re- zone the parcel of land described in (a) above from "1-1" Light Industrial to "R-2" One and Two Family Residential classification; and (3) re-zone the parcel of land described in (b) above from "R-2" One and Two Family Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act restricting the use of the property to an auto body shop. John Johnson appeared in support of the proposed amendments representing the applicant and, in response to questions as to why the applicant circumvented the Zoning By-law by starting construction of a building on the subject property before having a building permit and about the possibility of the applicant building a fence separating the Cannon and the subject property, advised that the applicant did not completely understand the requirements and made a mistake, and that the issue of the fence related to a boundary dispute between the parties and, as his client maintains he is not trespassing on the person's property, there is no reason why he should have to put a fence up to separate his property from the adjacent property, and also that most of the subject property, which is quite large, would not be operated as far as a business was concerned. 3{a) 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 and Section 2.4.7.15(x), (a) a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from Light Industrial (Approved Development) to Low Density Residential classification; and (b) a parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from Low Density Residential to Light Industrial (Approved Development) classification, be read a first time. Mr. Baird, in response to questions on the issue of a fence, referred to the copy of the surveyor's certificate showing the existing auto body shop as well as the proposed foundation to indicate the area on which a condition could be imposed to require a fence, if Council so wished, and confirmed that the issue of a fence seemed to be an indication of a boundary dispute which may be able to be resolved in other ways and, from a site visit, it did not appear to be a screening issue because of messiness of the property, and advised that the reason for not recommending a fence was not only because of the effectiveness and what it would do but also because of the limited area in which it could be required and possibly enforced. On the issue of the applicant proceeding without a building permit, Mr. Baird referred to the court date of January 6, 2000 referenced in Planning staff's report to the Planning Advisory Committee in that a plea of guilty had been entered and a fine levied. 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 and Section 2.4.7.15(x), (a) a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from Light Industrial (Approved Development) to Low Density Residential classification; and (b) a parcel of land with an 87-825 COMMON COUNCIL JANUARY 10, 2000 area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from Low Density Residential to Light Industrial (Approved Development) 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". 3{b) On motion of Councillor Desmond 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) a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from "1-1" Light Industrial to "R-2" One and Two Family Residential classification; and (b) a parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from "R-2" One and Two Family Residential to "1-1" Light Industrial classification, subject to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Desmond 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 (a) a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from "1-1" Light Industrial to "R-2" One and Two Family Residential classification; and (b) a parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from "R-2" One and Two Family Residential to "1-1" Light Industrial classification, subject to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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) Section 39 Amendment To Conditions Of Re-ZoninQ Of Property At 558 Bonita Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the September 15,1980 re-zoning of the property situated at 558 Bonita Avenue (NBGIC Number 55000160), to permit a revised proposal to establish and operate a take-out restaurant within the existing convenience store, whereas the Section 39 conditions limit the permitted uses for this property to a convenience (retail) store and apartments, as requested by Margo Eatmon, and no written objections were received in this regard. 87 -826 COMMON COUNCIL JANUARY 10, 2000 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 December 21, 1999 meeting at which Margo Eatmon appeared to indicate her support of the application, and recommending that Common Council amend the Section 39 conditions imposed on the September 15, 1980 re-zoning of the subject property, to "B-2" General Business classification, situated at 558 Bonita Avenue (NBGIC Number 55000160), to include a take- out restaurant as a permitted use. Margo Eatmon of 725 Red Head Road, owner of the convenience store at 558 Bonita Avenue, was present in support of her application, and advised that she had no problem with the Planning Advisory Committee's recommendation. On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the September 15, 1980 re-zoning of the subject property, to "B-2" General Business classification, situated at 558 Bonita Avenue (NBGIC Number 55000160), to include a take- out restaurant as a permitted use Question being taken, the motion was carried. 6. Water And SeweraQe Utilitv - 2000 OperatinQ BudQet Consideration was given to a report from the City Manager submitting the proposed 2000 Operating Budget for the Water and Sewerage Utility which budgets $18,088,528 as total revenue to the Utility, amounting to an increase of 2.7% from 1999 and of which $6,226,237 will be generated from the Utility's metered accounts which, for the most part, are all of the customers of the Utility other than single- or two-family residential units, and proposes a 4% increase in metered water and sewerage rates and an increase of 4.6% for flat rate customers, as well as an amount of $3,846,916 in fees received by the Utility from the General Fund for expenditures incurred in the Utility directly related to the provision of fire protection and storm water drainage. In terms of proposed expenditures of $18,088,528, or an increase of $477,603 over 1999, the report explains the major differences within the Utility's proposed 2000 Budget; outlines the proposed rate structure contemplated for water and sewerage services, including a simplified rate structure with one annual rate and one discount for full payment, a June 30 due date instead of a March 31 due date, the elimination of the quarterly billing and quarterly payment discount, an increase in the net rate from $374.36 to $395 per year, maintaining the $30 discount offered for full payment prior to June 30, and increases to various minor charges in an effort to recover costs of providing those services; and gives an example of the manner in which the 2000 annual water and sewerage bill will read if Common Council were to approve this budget. The report advises the intent for the partial move away from early payment discounts to occur again in 2001 with the possible elimination of the annual payment discount, from which point on flat rate customers would be encouraged to pay the entire sum prior to the due date and the City would endeavour to structure a system of incentives and/or interest charges to reflect the cost to the Utility of financing accounts that have not been paid on time; and sets out recommendations for Council's consideration and adoption. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the estimate of revenue for the Water and Sewerage Utility for the Year 2000, in the amount of $18,088,528, be adopted: AND FURTHER that the estimate of expenses for the Water and Sewerage Utility for the Year 2000, in the amount of $18,088,528, be approved. Mr. Totten highlighted the above report, and during discussion Councillor Chase advised that, in justifying a rate increase, he could not support the motion because he could not support the addition of two employees when he believed they could be found within the present workforce by training individuals. Councillor Titus questioned the status of Common Council resolution of July 26, 1999 referring to the City Manager a request for Council to be advised how a special fund/account could be set up within the Utility to 87 -827 COMMON COUNCIL JANUARY 10, 2000 enhance efforts in such areas as Ragged Point Road, to which Mr. Totten replied that the contemplation in the proposed budget of funding $400,000 for certain new infrastructure replacement was a step toward the concept of the resolution. Question being taken, the motion was carried with Councillor Chase voting "nay". On motion of Councillor Trites Seconded by Councillor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", with regard to rates and discounts, 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 Water and Sewerage". On motion of Councillor White Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Water and Sewerage", with regard to rates and discounts, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage". (Councillor White withdrew from the meeting.) 7. Contract With Animal Rescue LeaQue Read a report from the City Manager advising of staff's intent, having met with the Board of Directors of the Animal Rescue League, to submit a recommendation to Council to extend the now-expired contract with the League for animal control services for a two-year period pending acceptance of the League's Board of Directors which meets on January 19, 2000; also advising that, as the League has continued to provide service to the City from December 31, 1999, staff is recommending that it be paid for this service; and concluding that, if the League's Board of Directors is desirous of continuing the contractual arrangement with the City for the next two years for a contract price of $115,000 plus HST, then staff will bring a recommendation to Council with a report containing a copy of the proposed contract, as well a details of the services provided. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the Commissioner of Finance be given authority to disburse, to the Animal Rescue League for the months of January and February 2000, a payment calculated based on the previous contract amount. (Councillor White re-entered the meeting.) Question being taken, the motion was carried. 8. Request For City Sponsorship Of 2002 Canadian National Square And Round Dance Convention Consideration was given to a report from the City Manager making a recommendation in response to the request to Council on December 20, 1999 for sponsorship of the 2002 Canadian National Square and Round Dance Convention, the request being primarily for assistance with costs of pre-promotion in Vancouver in July 2000. 87 -828 COMMON COUNCIL JANUARY 10, 2000 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council agree to sponsor the 2002 Canadian National Square and Round Dance Convention through in-kind and financial contributions as outlined in the City Manager's report in this regard dated January 8, 2000. Mr. Totten noted staff's involvement with the above group for the past few years, as well as the choice to maintain the City's support by the assistance of promotional materials, freight and staff services at the event. Question being taken, the motion was carried. 9. Municipal Plan Amendment And Re-ZoninQ 300 Boars Head 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 regard to the submitted application of Curry Brandaw Planners for a Municipal Plan amendment and re-zoning of property located at 300 Boars Head Road have been completed, and no written objections were received in this regard. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Curry Brandaw Planners for a Municipal Plan amendment and re-zoning of property located at 300 Boars Head Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 21,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 10. 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 Tuesday, January 4, 2000, 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 recommendations, namely: 1. That as recommended by the Nominating Committee, Stephen Clarke, J. Charles Swanton and Councillor Ball be reappointed, and John D. Wallace be appointed to the Board of Directors of the Saint John Development Corporation for a term of three years. 2. That as recommended by the City Manager, Common Council consent to a lease between Se-fish Associates Limited and 058854 N.B. Limited (as the Landlord) and Manpower Services Limited (as the Tenant) upon the terms and conditions set out in the Offer to Lease between the parties dated December 2, 1999, and the Mayor and Common Clerk be authorized to execute such consent. January 10, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 87 -829 COMMON COUNCIL JANUARY 10, 2000 10.1. Saint John Development Corporation Appointments On motion of Councillor Trites Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. Councillor Titus advised that he could not support the motion as at least one of the recommended appointees does not live in the City of Saint John which he considers vital based on his review of the reasons why the Corporation was put in place and its criteria; and also that he was almost inclined to think that, if the City were to have such committees and commissions, maybe people should be elected to sit on them. Question being taken, the motion was carried with Deputy Mayor Chase and Councillor Titus voting "nay". 10.2. Consent To Lease 15th Floor. City Hall On motion of Councillor Court Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 11. Rosalie Marie Rvan - Re-ZoninQ 141 Hawthorne Avenue On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Rosalie Marie Ryan for the re-zoning of property located at 141 Hawthorne Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 21,2000 at 7:00 o'clock p.m. Question being taken, the motion was carried. 12. Paul McGraw - West Side Storm Sewer Infrastructure On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Paul McGraw advising of a problem in the West Side storm sewer infrastructure when major rainfalls carry water from Lancaster Avenue and all accumulated water on Lewin Close to a storm drain at the end of his driveway at 521 Lewin Close which, when not plugged, can handle the rainfall, while substantial amounts of water cause major flooding of his basement and that of his neighbour when the storm drain is plugged; and requesting, as an interim solution to residents of Lewin Close, that on a temporary basis a sign be installed permanently above the existing storm drain to alert snow plow operators of its location, be referred to the City Manager. Question being taken, the motion was carried. 13. TD Bank Financial Group Use Of Sidewalk 2 KinQ Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that permission be granted to the TD Bank Financial Group to have a barbecue and hot chocolate stand on the sidewalk in front of its location at 2 King Street sometime in February 2000, the donations of which 87 -830 COMMON COUNCIL JANUARY 10, 2000 would be for the Children's Wish Foundation, and a requirement be imposed that the TD Bank Financial Group provide appropriate liability insurance for the time during which this event is taking place. The requirement for liability insurance was included in the above motion on the City Solicitor's recommendation that, if Council were prepared to grant permission, a requirement be imposed that the Group provide appropriate liability insurance for the time during which this event is taking place. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 8A. Administrative/Operational Changes Required To Support Compost Initiatives On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the report from the City Manager advising that the Fundy Region Solid Waste Commission's composting proposal before Council will require the following changes by the City of Saint John: (1) the introduction of an alternate week collection system and the separation of waste into three streams by the householder or homeowner - recyclables, compostables, and refuse; (2) the provision for collection on most, if not all, statutory holidays, at an cost in the order of $30,000 per year; and (3) the retrofit of existing City collection vehicles (and contractor vehicles), at a cost of approximately $6,000 each, to be able to handle plastic compost carts; and noting the need for both the City and the Commission to put a greater emphasis on putting education programs in place, and the need for workable by-law provisions to deal with non-compliance; and concluding that not only should a review of the Solid Waste By- law be undertaken to improve the present system but, for a successful and effective transition, a thorough review and re-write of the current Solid Waste By-law would be required, be received and filed. Question being taken, the motion was carried. The Mayor called for a recess until 8:00 o'clock p.m., the time scheduled for the Fundy Region Solid Waste Commission to appear, and following a brief recess the Council meeting reconvened. 5. Fundv ReQion Solid Waste Commission John King, Chairman; and Jens Jensen, General Manager, of the Fundy Region Solid Waste Commission were present at the meeting further to Common Council resolution of December 9, 1999 inviting the Commission to appear before Council on Monday, January 10, 2000 and asking it to prepare for Council, in advance of the meeting, a package on planning and financing and so on. (Councillor Vincent re-entered the meeting.) Mr. King introduced Albert Shamess and Ray Halsey of Vaughan Engineering Limited of Halifax, NS - that firm being the Project Manager for the Commission, and Councillor Reg Rankin of the Halifax Regional Municipality and Chair of the Solid Waste / Resource Advisory Committee; and referred to the information binders on composting (copies of which were forwarded to Council members prior to this meeting by the Commission). Mr. Jensen suggested that there were three essential areas of concern or interest coming out of Council's questions: (1) the technical and operational issues which the binder should cover; (2) financial issues and the question of the impact on the City's tax rate and the business community resulting from higher tip fees, noting the Commission's indication at a previous meeting of an approximate one third of one cent on the tax rate which would mean about $3 a year in increased property taxes for a house assessed at $100,000, and an increase by $15 a year for a business assessed at a half million dollars and the impact on the institutional, commercial and industrial sector arising from the impact of the tip fees and any impact in the collection system; and (3) the general question of public acceptance of the systems, which Mr. Rankin would address. 87-831 COMMON COUNCIL JANUARY 10, 2000 Following a video presentation drawing on the Halifax experience with composting and showing some of the actual operations of the cart system both for the householder and at the processing plant as well as an impromptu on-the-street interview conducted by the Commission's Public Education Officer Diane Huestis, who was also present at the meeting, Mr. Shamess, in providing a brief overview of the technology of the composting plant and referencing sections 10 and 11 of the information binder dealing with the East Prince Waste Management Facility Composting Plant in Wellington, PEl, advised that the approach chosen by the Commission was what he would term as a low-technology approach in terms of the composting operation but with the environmental and operational controls required to speed up the composting process, the facility proposed being generally an indoor windrow that would operate inside a coverall-style agricultural building with the compost to be placed in rows and aerated on an ongoing basis, the building to be fully enclosed with all air exhausted through a bio-filter for odour control. Mr. Shamess expressed the view that the approach was fairly straightforward, allowed a great deal of flexibility on the part of the Commission in operating and managing the system and would generally provide the most cost effective approach. Mr. Rankin, having related his background in solid waste and his involvement in the process of siting a landfill, compared the $35 million cost, or $100 per capita for a population of 350,000, of the Halifax Regional landfill of which approximately $20 or one fifth per capita was relevant to closure costs and remediation of the old landfill, to the cost to Saint John of $40 to $50 per capita; and, in terms of the cost to the business sector, advised that the tipping fee in Halifax is $65 for compost and about $105 for landfill. Mr. Rankin responded to questions on the landfill operation in Halifax, the recycling and composting system utilized, garbage collection, the education process, the use of composting carts versus the use of bags, the portion of capital cost related to composting on which Mr. Halsey also commented, public acceptance of the composting carts, percentage of waste reduction with recycling and composting, marketing of com posted material and Mr. Halsey commented on the sale of composted material and Mr. Jensen re-iterated that the Commission did not count on any revenue from the sale of compost in its financial projections as far as estimates of cost were concerned, thus any revenue derived would reduce its net costs, and added that the type of technology proposed would produce a marketable compost. Reference was made to the Minister of the Environment's indication in her letter to the Commission Chairman (copies of which were included in the above information package) of the inclusion in the Commission's new Approval to Operate that would require the 30% reduction in total waste landfilled to be achieved by the expiry date of the Approval, which would be December 31, 2001; and Mr. Jensen advised that, having called Perry Haines for clarification on whether or not it would be necessary to be at 30% two months after starting up composting on November 1, Mr. Haines indicated that the system would have to be in place and operating by the December 31, 2001 date, and also advised that April 1 , 2001 would be the earliest feasible date for composting, although it would be a lot easier to distribute the carts and start the intensive public education program in September and October 2001 and have the service start November 1, 2001 than any of the earlier dates. With regard to the $6.2 million cost of the Commission's composting proposal consisting of $3 million for the plant and $3.2 million for the carts, Mr. Jensen made the observation that, if the Municipal Capital Borrowing Board approved the $6.2 million, it would not mean that the Commission would actually draw the money down until the carts were actually delivered and distributed and, administratively, it would make sense to borrow $3 million this year and $3.2 million for the carts in the Year 2001 and that, if the plant were to be built in 2001, the construction borrowing would move forward to suit as well; and, referring to the two timing scenarios of building the plant in 2000 or in 2001, explained that the plant could be built in 2001 which would mean that the actual service could not start before November 1, 2001. Mr. Jensen, in response to questions, advised of the expectation, if the composing system were put in place, to reach 30% diversion sometime within the first year and a half to two years after the system came into place, as it would take time to get people fully familiar with and using it; and commented on the tonnage taken out of the whole system through the use of the recycling depots which he considered to be a very good progression toward the tonnage on which the numbers were based. Mr. Jensen compared the diversion achievement percentage in Halifax with that expected by the Commission with its dry recyclable and composting programs and with the credit the Commission gets for tires being taken out through the tire recycling program, the numbers also showing that the Commission could not get to 30%, measured the way it has to measure it, with just the dry recyclable program and also that, without the composting program, the Commission could get to about 25%. Reference was made to a letter to Council from the Saint John Board of Trade, dated January 7, 2000, which Mr. King advised came after a meeting with a group from the Board of Trade last Wednesday afternoon on which he commented, and Mr. Shamess advised that, at this time, Halifax was not experiencing the level of diversion in the industrial/commercial sector 87 -832 COMMON COUNCIL JANUARY 10, 2000 that had been anticipated and was now looking at a much more extensive enforcement program to deal with industrial/commercial establishments to try to get them to divert not only more of their organics but also of their recyclables. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that Council approve the proposed composting program and encourage its representative on the Fundy Region Solid Waste Commission to authorize the Commission to borrow $3 million to build the composting plant. Mr. Jensen, in responding to the Mayor's view that more education was needed on recycling and composting than what had been done to date, advised of the efforts of Don Shaw and Diane Huestis in contacting businesses and making school visits, talking to clubs and church groups, participating in special events such the Canada Day and Santa Claus Parades, and advertising through free public service announcements and newspaper articles, and noted the Commission's Web site, telephone hot line and recorded messages after hours, fridge magnet give-always and Yellow Page advertising, as well as through people talking about waste diversion, and Mr. King added that, as it was difficult to educate in a vacuum and to educate in a program before it was brought on, the education should be after the program was brought on. Councillor Vincent spoke on the basis of his view that this was the wrong time for composting to be put into effect and it would be erroneous for Council to consider, even on a piece-meal approach, expending $6 million without anybody having an accurate opinion, other than best-guess estimates, on what the percentage of diversion would be. Mr. Totten addressed the motion on the floor to the effect that, if supported, it would acknowledge Council's authorization for the Commission to borrow $3 million to build the composting plant, understanding that it would tie Council's hands with respect to the second phase - the $3.2 million for the carts; thus, with this lack of clarity, Council might want to consider authorizing the borrowing of $6.2 million, with the understanding that no more than $3 million would be drawn down in the Year 2000 and, if the Commission decided not to do so, $6.2 million would be drawn down in the Year 2001, so that the Commission would at least know that it would be a continual process of building the plant and getting the carts. The Mayor made the observation that the motion, if adopted, would commit Council at a later time for the $3.2 million for composting carts at which time the Commission would also request funding to build a new cell. Councillor Fitzpatrick expressed concern about the ability to meet the 30% reduction in total waste landfilled by the December 31, 2001 date set out in the Environment Minister's letter and, in response to his question as to a legal requirement in this regard, Mr. Nugent advised that, having had a chance to talk with Perry Haines of the Environment Department and the Commission's legal counsel since the time the Commission submitted its proposal for the 2000 budget in the fall of 1999 with respect particularly to the issue of deadlines for achieving a certain reduction in waste to be deposited in the landfill, he believed that they had identified the documents that speak of the requirement to achieve a certain stipulated reduction and, to his knowledge and in his opinion, there has been no deadline stipulated by which the Commission must achieve a stipulated reduction. With regard to the indication in the January 7, 2000 letter to Mr. King from the Environment Minister of the Minister's intention to require reduction by December 31, 2001, Mr. Nugent advised that he presumed that nothing had happened since the date that letter was written to bring that into existence, nor had he had an opportunity to examine the legislation with respect to conditions of that sort in the context of approval to operate, but as far as he knew, currently, there was no legally binding date by which a certain reduction in waste must be achieved by the Commission. Councillor Fitzpatrick asked if the City Manager and the Commissioner of Finance had reviewed the information package submitted by the Commission and, if so, if their concerns had been alleviated, and Mr. Totten noted the City Manager's recommendation to Council on November 22, 1999 that Common Council encourage its representative on the Fundy Region Solid Waste Commission to support the 2000 budget submission of the Fundy Region Solid Waste Commission, along with associated borrowing resolutions, as well as the acknowledgement in the report that staff had some issues related to the distribution of costs between $57 and $96; and advised that, having received the package on this date and met with Mr. Jensen to share some of the issues and concerns they thought Council would have at this meeting, the resolution before Council would still give Mr. Jensen an opportunity to meet with Mr. Beckett to talk about this issue. Councillor Fitzpatrick advised that, as there seemed to be no deadline for diversion and the Commission was not sure if it would build the composting facility this year or next year and if the carts were not to be purchased until next year, he did not see the necessity of approving the motion at this time; and Councillor White agreed with Councillors Fitzpatrick and Vincent that timing right now was not what it should be to put this in place; and advised 87 -833 COMMON COUNCIL JANUARY 10, 2000 that he did not see the necessity of pursuing this at this time, his concern being that the estimate for the cost of the facility at the solid waste site had doubled since day one, and also that he would like to see things in order and progressing and have everything financially in place before going off into another direction. Councillor Chase, Council's representative on the Commission, suggested that the motion could be amended to include the borrowing of money for the carts. Question being taken, the motion was carried with the Mayor and Councillors Court, Fitzpatrick, Vincent and White voting "nay". * Added Item On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the above-referenced letter from the Saint John Board of Trade (copies of which were distributed to Council earlier this date) be added to the agenda of this meeting for consideration as item 8B. Question being taken, the motion was carried. 8B. Saint John Board Of Trade Re CompostinQ ProQram Proposal On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Board of Trade further to its previous letter to Council on December 9, 1999 on the Fundy Region Solid Waste Commission's composting program proposal, expressing the view that the proposed tipping fee structure of $53 per tonne for compostable material and $96 per tonne for residue waste, as compared to the current $67 per tonne, would negatively impact many businesses in the community and unfairly add to their cost of doing business in the City, be received and filed. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Adiournment The meeting adjourned. Common Clerk