2000-10-10_Minutes
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OCTOBER 10, 2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the tenth day of October, 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; W. Edwards,
Building Inspector; S. Lodhi, Manager of Real Estate and Facility
Management; P. Asimakos, Planner; G. Tait, Fire Chief; A
Bodechon, Deputy 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 Dr. Mark McKim of
Germain Street Baptist Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the meeting
of Common Council, held on October 2, 2000, be approved.
Question being taken, the motion was carried.
4. Mavor's Remarks
The Mayor, having asked for Council's consent to proceed to an item
under Mayor's remarks, recognized Reverend David Nicholson with respect to the
"Operation Christmas Child" project, and requested the cooperation of all citizens of the
Greater Saint John area to support this very worthwhile cause. Reverend Nicholson
displayed the project box and brochure, and presented a certificate of appreciation, on
behalf of Samaritans First Canada and the United States, to the Mayor, Council and the
residents of Saint John for their generous support to the "Operations Christmas Child"
project.
3(a) Municipal Plan & (b) Zoning By-law Amendments
Pits & Quarries And Approved Heavv Industrial Developments
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to (1) delete Sub-
Section 2.4.3 and insert the following in its place: "Sub-Section 2.4.3: Policies
Respecting Pits and Quarries - A comprehensive policy review has been initiated which
recommends revisions to the Municipal Plan and Zoning provisions regarding pits and
quarries. Indications of reserves of aggregates, as well as environmental concerns will
be addressed in Part Three. Soil and geological conditions make Saint John a
particularly suitable location for extractive industries and it abounds with pits and
quarries. These form an important component of the economic activities in the region
and it is the intent of the City of Saint John to support and encourage their continued
operation as a contribution to the economic health of the community. It is recognized,
however, that pit and quarry operations constitute a disturbance and hazard to nearby
urban uses. Pits and quarries are not regarded as permanent land uses and therefore
they are not designated on Schedule 2-A Such activities will be controlled through a
specific pit and quarry zone. It is anticipated that these areas would later be re-zoned to
a zone compatible with the land use designation. In order to effectively control the
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OCTOBER 10, 2000
operation of pits and quarries so as to minimize their deleterious impact on existing and
anticipated urban development, it will be the policy of the City: 2.4.3.1 To control the
locations in which pit and quarry operations can be conducted by (a) removing pits and
quarries as rightful uses in the Rural and Industrial zones as they now are in the Zoning
By-law; and (b) establishing a new zone to be called "Pits and Quarries" zone in the
Zoning By-law to set out certain performance standards for the operation of pits and
quarries. 2.4.3.2 To control the operation and rehabilitation of operative and non-
operative pits and quarries by passing and enforcing by-laws, including by-laws enacted
for that purpose pursuant to the provision of the Municipalities Act as amended from time
to time. 2.4.3.3 That pits and quarries be permitted to operate in all land use
designations in this Plan, only upon approval of an application for rezoning of a particular
piece of land to the "Pits and Quarries" zone. 2.4.3.4 To control the operation of pits and
quarries with respect to such matters as: (a) location; (b) hours of operation; (c) site
development measures which will assist in the control of smoke, dust, odours, toxic
materials, vibration and noise; (d) setbacks, yards, and separation from existing roads or
uses; (e) visual screening; (f) the location of buildings and equipment; (g) safety and
protective measures; (h) location of entrances and exits, and the designation of hauling
routes; (i) signs and landscaping; 0) progressive rehabilitation. "; (2) remove the words:
",or changes to," from Section 2.4.7.11 which deals with the policies respecting the
developments previously approved as Heavy Industrial Developments at (a) a parcel of
land of approximately 5.6 hectares at 499 Ashburn Road (NBGIC Number 052761), (b) a
parcel of land at 406 Chesley Drive (NBGIC Numbers 372888,369629, 369645, 369637
and 369660), between Chesley Drive and the Saint John River; (c) a parcel of land at
341 Loch Lomond Road (NBGIC Number 313791); (d) a parcel of land at 776-800
Somerset Street (NBGIC Number 48090); (e) parcels west of Highway No.7 near the
junction of Highway No. 177 to Grand Bay (NBGIC Number 55087001) and others; and
(f) Brookville: the quarry area between the Throughway and Rothesay Road; (3) remove
the word "(quarry)" from Section 2.4.7.11 (f) with respect to the approval of Heavy
Industrial Development at 1360 Rothesay Road (NBGIC Number 00297754), the
Brookville rock quarry; and (b) a proposed ZoninQ By-law amendment to amend the
following: Section 20 to include eleven new definitions related to pit and quarry
development; Section 30(1) by adding "Pits and Quarries PQ" to the list of zones;
Section 30(6) by adding "PQ" to the list of "I" zones; Section 840(3)(1) by adding "PQ" in
the listed zones for industrial signage; Section 810 by adding the terms and conditions
for short-term excavation activity in other zones than the Pits and Quarries Zone;
Sections 110(1)(b), 111(1)(b), 120(1)(b), 121(1)(b), 130(1)(b), 150(1)(b), 550(1)(b),
610(1)(b), 611 (1)(b), 620(1)(b), 630(1)(b), 650(1)(b), 660(1)(b), 670(1)(b), 720(1)(b) and
721(1)(b) by adding "subject to Section 810(11)(b) the excavation of land greater than
one metre for the purposes of preparing the site for development permitted in the zone. ";
Sections 140(1), 640(1) and 671 (1)(b) by adding "(b) the following uses subject to such
terms and conditions as may be imposed by the Committee: subject to Section
810(11)(b) the excavation of land greater than one metre for the purposes of preparing
the site for development permitted in the zone.", and by renumbering the existing (b) to
(c); delete Section 880 in its entirety; and add a new Section 680 called the Pits and
Quarries (PQ) Zone to the Zoning By-law, to facilitate the adoption of the proposed new
Pits and Quarries Zone having appropriate standards for the regulation of pits and
quarries, and to establish a process which deals with the control of short-term
excavations which are not located in the Pits and Quarries zone, as initiated by the City
of Saint John, and 3{d) a letter of objection to the proposed amendments was received
from the law firm of Gorman Nason on behalf of Brookville Manufacturing, as well as a
letter (copies of which were distributed to Council members at this meeting) from the
Latimore Lake & Area Residents Association advising that it was in favour of this new
by-law with the changes and recommendations as set out in the letter.
3{c)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
August 28, 2000 meeting at which six people spoke representing either themselves or
resident groups in different parts of the City, and Randy Hatfield spoke on behalf of
Brookville Manufacturing Ltd., the only operator present and, with the exception of
Brookville Manufacturing, those who spoke were in favour of the amendments and had
some further suggestions on regulating the industry; advising that the Committee
adopted the staff recommendation, noting that the "PQ" Zone by-law amendment may
not be perfect from everyone's perspective but it is a positive and significant step
forward; and recommending that Common Council approve the submitted amendments
to the Municipal Development Plan and the Zoning By-law.
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The Mayor made the observation that the purpose of this public hearing
was to consider a pits and quarries zone, not individual pit and quarry sites, and asked
that people speaking at this public hearing address the proposed amendments, not the
individual pits or quarries.
Councillor Titus suggested that Council, before moving on with agenda
item 3, should have an answer to agenda item 3(d), and asked Mr. Nugent whether or
not Council was proceeding in the right fashion or what, if anything, he had to say about
3(d). Mr. Nugent advised that it certainly would be appropriate, if Council wished, to
direct that question to him; however, he had a chance to look only briefly at the objection
found in 3(d) and particularly the case referred to in support of the contention that it was
beyond the City's authority to adopt the proposed changes, and would not be prepared
at this time to provide a firm opinion to Council as to the merit of those arguments, nor
as to the options which might be available to the City; thus, in a broad fashion, Council
has two choices, either to refer this matter to him before proceeding, which would
require re-advertising and establishment of a subsequent public hearing date, or
proceed with the public hearing and, at the end of the hearing, refer this to him and,
before deciding whether or not to enact the proposed by-law, to receive an opinion from
him. Mr. Nugent confirmed the Mayor's observation that Council could go forward with
the public hearing and, depending on what Council wished, give first and second
readings and not consider third reading until Mr. Nugent came back to Council with an
opinion. Councillor Titus expressed the opinion that it would not be prudent to proceed
until Council had the City Solicitor's opinion, rather than go through the process and
potentially have a legal opinion come back indicating that it would have to be done over
again. The Mayor expressed the understanding that the issue raised in 3(d) was before
Council at the time of the last public hearing on the matter of pits and quarries, and Mr.
Nugent advised that, to his recollection, the objection raised in item 3(d) did not arise
before and, in fact, the situation had not existed that could give rise to it and, while he
had a chance to examine it briefly and the nature of the objection was not foreign to him
in other contexts, he has not examined, thoroughly, the merit of the argument as it was
raised in circumstances at hand and, in addition to assessing and providing an opinion
as to the merits of the argument, there was the additional question of what, if any,
options Council has to remedy any deficiencies should there be any; and it would be
inappropriate, in his view, to provide Council with an opinion at this time without first
examining it more closely. Councillor Vincent expressed concern that, without
verification of the contents of item 3(d), this may not be an opportune time for people to
present their arguments for or against the proposed amendments and it may be to their
advantage to have the City legally advised as to its authority and status so that, when
they do present their cases, they would be doing so knowing that Council had the
authority to deal with it. Mr. Nugent, in response to Councillor Vincent's question about
the paragraph in the letter under item 3(d) referring to the case of Allain v. Miramichi
(City), expressed the view that there was no meaningful relationship of that case to the
case currently before the City; however, there was the issue of a zone being created on
paper or a textual amendment without a piece of property being classified in that zoning
category, as well as the issue of discriminatory effect of a by-law operating in that
fashion, as raised by the other case cited in item 3(d), and he has not had an opportunity
to examine the application of that case and how it has been treated subsequently or how
the legislation the City has relates to that which is in operation there nor has he had an
opportunity to give any thorough consideration to what options Council might have
should there be defects in the process thus far.
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Solicitor and the public hearing not proceed at this time.
Question being taken, the referral motion was lost with the Mayor, Deputy
Mayor Chase and Councillors Ball, Court, Desmond, Trites and White voting "nay".
Terrence Gray of 19 Nicolle Road, a member of the Latimore Lake & Area
Residents Association, appeared in opposition to the amendments as proposed,
requesting the following changes before he could support it: (1) the annual fee be set at
$10,000 and be raised every year at the rate of inflation, rather than the $1,000
excavation fee structure proposed; and (2) all existing pits be brought under the new pits
and quarries zone and not be "grandfathered" but instead given two to three years to be
brought up to the new standards.
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COMMON COUNCIL
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Councillor Chase referenced the Mayor's indication to Mr. Gray that truck
traffic did not have much to do with the zone for pits and quarries and suggested that
traffic issues relating to the zone was part and parcel to the issue. In response to
Councillor Chase's request to hear Mr. Gray's statement regarding traffic as it related to
the pits and quarries zone, Mr. Gray advised that he was looking for a fee of a dollar or
two dollars per truck per load per day, including independents and any load going into a
pit that has been turned into a dump for construction debris, with the money to be turned
over to the City police to pay for two officers, outfit them with cars and portable scales,
as well as any training needed to enforce the laws governing truck traffic.
Odette McGrath of 31 Lackie Road, spokesperson for the Latimore Lake
& Area Residents Association as well as a member of the Citizens Committee,
addressed Council in opposition to the proposed amendments, having reviewed the draft
recommended by City staff and feeling that there were a few areas that could be
improved. Mrs. McGrath recommended that, with regard to the Planning Department's
notification to the public of a proposed re-zoning in a specific area, the entire area which
may be affected should be notified and there should be a longer time period for residents
to respond to the application brought forward to the Planning Advisory Committee; and
explained the reasons for the changes to the proposed amendments, as recommended
in the above-mentioned letter from the Association, with regard to temporary permits,
secondary uses, public streets, hours of operation, private wells, and enforcement. Mrs.
McGrath expressed the view that the definition of "excavation" has been abused and
should include all aspects such as hauling, digging and stockpiling, and asked that the
recommended changes be added to the proposed by-law and it be put into effect as
soon as possible.
Gordon White of 165 Balmoral Crescent, a representative of the Preserve
Bald Hill group, was present in opposition to the proposed amendments; noted that
those who have had to deal with the blasting of dynamite, the crushing of rock, the fall-
out of dust, and a subsequent crack caused by a blast would understand the value of a
good, realistic pit and quarry strategy for the City of Saint John; and suggested that
Council must act now to take control of a problem that has existed for many years. Mr.
White also suggested that each pit and quarry that exists within the City limits must be
looked at to see what value it has in regard to the quality of life of residents of that area
and, if it is to operate, it must not harshly affect the standard of living of the area
residents, and blasting should be a major concern; and expressed the view that the 200-
metre distance proposed from a quarry for a residentially zoned property or existing
dwellings at the time of the application to rezone for a pit or quarry was not acceptable,
or even a 600-metre distance was not acceptable as the blasting, dust and noise from a
quarry would still affect residents of that community. Mr. White indicated his agreement
with the proposed amendments, with the recommended changes as presented by others
at this public hearing.
Randall Hatfield, legal counsel for Brookville Manufacturing, advised of
his client's opposition to the proposal advanced by the City as, if the alleged Zoning By-
law were found to be valid and if passed by Council, it would have some serious and
harmful effect to his client; and explained that he characterized the by-law as alleged
because, in his opinion, the City lacks the jurisdiction to pass what is before it and it is
mis-described as a Zoning By-law because it does not create zones. Mr. Hatfield
referenced the above-mentioned letter under item 3(d) as the basis of his opinion and
suggested that, if this proposal were to be carried out, it should be done right.
David Bowen of 11 By-Road 7, Chairman of the Residents Committee
dealing with this issue in cooperation with the Planning Department and the operators,
appeared in opposition to the proposed amendments; and, referring to part (2)(e) of the
proposed Municipal Plan amendment designating parcels west of Highway No.7 near
the junction of Highway No. 177 to Grand Bay and identified by NBGIC Number
55087001 and others, expressed concern about the reference to others in terms of it
opening it up to any and all properties that might exist on that part of Highway No.7, and
asked that the City Solicitor address the question of whether, in fact, this particular
aspect of the amendment should be re-advertised, designating specifically the properties
the City has in mind with regard to this. Mr. Bowen advised that he was not against the
establishment of a zone per se, but was concerned about some of the issues with regard
to regulating the industry, whether it be by set-backs or by implementing regulations,
penalties, fees and so forth which would allow the City to enforce the By-law as such;
and expressed concern that the aggregate industry, in preparing land for secondary use,
be it for industrial, residential or commercial purposes, should leave the topography in
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such a state so that the secondary use could be continued. Mr. Bowen noted that this
secondary use might be a storage area for stockpiling and therefore would not have to
be rehabilitated until all stockpiling was done, or it could be used for equipment storage
and for filling in of construction and demolition debris, with rehabilitation many years
away thereby avoiding rehabilitation and the other use continuing beyond the removal of
the aggregate. Along with his concern about site rehabilitation, Mr. Bowen addressed
concerns about the legal power in terms of enforcement and precision of wording of the
proposed amendment, setbacks, hours of operation, permit fees and penalties, site
specific conditions and the application of Section 39 conditions and, in the latter regard,
noted that, if Council initiated re-zoning of specific sites, Section 39 conditions could not
be applied.
Pauline Head of 42 Old Orchard Lane, appearing in opposition to the
proposed amendments, clarified that she was not a hundred percent against the
proposed amendments because this was a starting point; referenced her letter
previously submitted to Council on July 4, 2000 on behalf of the area formerly called
Torryburn including signatures of residents of the community with concerns of dust, blast
intensity, hours of operations, home damage, truck traffic and such; and suggested that,
while Brookville Manufacturing was a well-established business and quite possibly
should be exempt from certain proposed by-law requirements such as excavation
permits and development plans, Brookville should still have to follow the Zoning By-Law,
especially in terms that are not covered in other operating permits. Mrs. Head
expressed the view that the set back requirement for a pit or quarry from a well providing
drinking water should be a minimum of 1000 metres, and that a treed buffer zone of at
least 30 metres should be required for screening, especially if the trees were already in
existence, as a treed berm does not block the dust and noise a quarter as effectively as
a fully-established treed area; and suggested that, if the word "quarry" was removed
from Section 2.4.7.11 (f) of the Municipal Development Plan as proposed, Council would
virtually remove any control that the City had over Brookville, Bald Hill, the proposed
quarry by the Renforth Interchange and any other quarry in the City limits.
Margaret Dubee of 1330 Grandview Avenue, spoke in opposition to the
proposed amendments, addressing a concern with particulate as a health issue, as well
as a concern about lack of rehabilitation of operations which remain closed for a period
of years or a pit being classed as being used by moving a pile of sand from the back to
the front so it does not have to be rehabilitated. Ms. Dubee asked how the proposed by-
law amendment defines temporary use and when pits would be asked to rehabilitate as,
in her view, a pit operating for 25 to 50 years should be not be considered a temporary
use; and advised that there was a need for assurance that, whatever the by-law, it would
be enforced so that residents' lives could be as livable as possible and they could enjoy
their homes. Ms. Dubee, noting the request for certain fees, made the observation that
this was so that Council would have the proper financial backing to enforce the By-laws,
and for the operators to take some of the responsibility for damage done to roads and for
some of the inconveniences to the City, City staff, residents, and the Department of
Environment.
Elizabeth McGahan of 1107 Rothesay Road, in opposition to the
proposed amendments, highlighted points which she advised she found critical in a
modern urban area in which there was mixed land use environment, including the hours
of operation, dust control, visual screening, and by-law enforcement; and advised that
she looked forward to the proposed amendments as a first step, working in the concerns
mentioned at this meeting.
Bob Ridgeway, representing Galbraith Construction Ltd., spoke in support
of the proposed amendments and, having commented on the process involving
committees of operators, residents and City staff working together to form the proposed
amendments, expressed the view that it was not fair for Council to hear the items
brought before it tonight and discuss them for a few minutes, as the committee
discussed each and every one of the items thoroughly; and suggested that, while he was
not happy with the proposed amendments, the by-law was workable and Council, if it
had any questions, should ask City staff who have attended all the committee meetings,
and accept the by-law as it was now before Council because, when those concerned left
the last meeting, each and every point had been covered and all were in agreement with
what was now before Council.
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OCTOBER 10, 2000
The Mayor noted that Council, if it so wished, could proceed with first and
second readings and refer the issue to the City Manager and appropriate staff to
address the issues that had come before Council at this meeting.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", with regard to pits and quarries and approved
heavy industrial developments, be read a first time.
As for time lines, Mr. Nugent advised that Council would have six months
to enact the by-law from the date of the first advertisement. Councillor Trites suggested
giving first reading only at this meeting and subsequently referring the matter to staff with
the questions and concerns raised at this meeting, for a report in terms of the effect of
compressing the work day by as many as three hours compared to two or one and the
financial impact of a dollar a load fee, with staff to come back to Council with suggested
acceptance, rejection or modification of the suggestions at which point in time second
reading could be considered thereby allowing a second opportunity for review prior to
third reading. Councillor Vincent advised that he would support first reading providing a
structure or schedule was established so that Council, as well as the operators, the
citizens and committee members, would know when Council was going to go through
the various steps of the process, and Mr. Totten advised that he could report in this
regard at the next meeting.
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 Trites
Seconded by Councillor White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, with regard to pits and quarries, 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 Trites
Seconded by Councillor Vincent
RESOLVED that the above matter be
referred to the City Manager for a report at the next meeting with a timetable of
responses to the concerns raised at this meeting, and to the City Solicitor for a response
as to when he may respond to the letter from the attorney representing Brookville
Manufacturing and also to Mr. Bowen's specific concern about the public advertising
related to "and others" when it comes to properties at or near Crane Mountain.
Question being taken, the referral motion was carried.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
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OCTOBER 10, 2000
4. Mavor's Remarks
Mayor McAlary proclaimed October 8 to 14,2000 as Fire Prevention
Week in the City of Saint John, and commented on the plans for Governor General
Adrienne Clarkson's official visit to Saint John October 14, 2000 at which time she will
present the Governor General Award to members of the Saint John Fire Department.
5. Availability of Fundy Region Solid Waste
Commission To Address Compost Collection Options
Consideration was given to a letter from Councillor Chase, Council's
representative on the Fundy Region Solid Waste Commission, advising that, in response
to Council's concerns regarding other options to collecting compost further to the
October 2, 2000 meeting, the Commission would make itself available to Council on
October 16, 2000 to address questions on options for collecting compost and has
suspended the vote on composting until Council has dealt with this matter and is
compiling additional information which will be provided to Council before that meeting;
and commenting on the experience of other municipalities in using the compost cart
system.
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that the above letter be received
and filed.
The Mayor noted the Fundy Region Solid Waste Commission's intent to
make a presentation at the October 16, 2000 Council meeting.
Question being taken, the motion was carried.
6. Tender For Sand And Salt StoraQe Facilitv
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, the tender of W&S General Contractors Ltd., in the amount of $386,850 (plus
tax), be accepted for the construction of a new sand and salt storage facility on the site
of the new East Works Depot, McAllister Drive.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
7. CompostinQ Proposal & Compost Carts
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the report from the City
Manager noting Council's consideration of the Fundy Region Solid Waste Commission's
request to purchase plastic compost carts in support of its composting initiative for the
Region; submitting a copy of the City Manager's previously submitted report on
administrative/operational changes required to support compost initiatives, dated
January 7, 2000, in that the composting initiative represents a significant departure from
current solid waste collection practices, and the City should expect the introduction of
this system to meet with some initial resistance and difficulties to overcome in the
anticipated six-month transition period; and adding that, regardless of the decision taken
by Council on the question of the plastic carts, staff will work with the public and the
Commission to successfully implement whatever system is adopted, be received and
filed.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
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OCTOBER 10, 2000
8. Sidewalk PlowinQ On Champlain Drive
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager advising, in response to Marian Perkins' letter to Council at its October 2,
2000 meeting suggesting that a snow blower be utilized to remove snow from the
sidewalk on Champlain Drive so as to allow snow to be placed as opposed to being
pushed across driveway entrances, a snow blower cannot be assigned to do this work
on a consistent basis in every type of snowfall experienced; also advising that, while in
the past Champlain Drive had its sidewalk serviced by a street plow and wing truck, in
recent years a sidewalk machine equipped with a plow or blower has been utilized as
well, and accumulations dictate whether a plow or snow blower attachment is used on
the sidewalk machine; and concluding that, as the issue of timing and priority due to the
presence of a school nearby dictates that the quickest means available be used to clear
the sidewalks on Champlain Drive, this means that, unavoidably, there will be times
when clearance will result in a windrow of snow across driveway and walkway
entrances, be received and filed and a copy be forwarded to Mrs. Perkins.
Question being taken, the motion was carried.
9. Pension Increases - Heart & LunQ Act
Consideration was given to a report from the City Manager advising that,
in April 2000, the Provincial Legislature approved amendments to the City of Saint John
Pension Act resulting in a number of enhancements to pensions being paid under the
Act with amounts varying depending on the individual's year of retirement, and that the
five individuals currently receiving a pension under article 2(2) of the Heart and Lung Act
are not entitled to these most recent enhancements under the Pension Act in that
members who become disabled without having acquired fifteen years of service have
their entire disability pension paid by the City of Saint John and not the City of Saint
John Pension Plan, and that the City in the past has provided increases to these retirees
in accordance with any amendments to the Pension Act. The report sets out the most
recent Pension Act amendments, as well as to what the pensioners under article 2(2) of
the Heart and Lung Act would receive if approved by Common Council; and sets out a
recommendation in this regard.
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the annual pensions being paid to Doris French, Norman Clark, Grace
Lawson, Murray McCauley and A.W.C. Robertson be increased in accordance with the
amendments made to the City of Saint John Pension Act as contained in Private
Member's Bill 27 of 2000.
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 Monday, October 2, 2000, when
there were present Mayor McAlary and Councillors Ball, Chase, Court, Fitzpatrick, Titus,
Trites and White, and your Committee submits the following recommendations, namely:
1. That as recommended by the City Manager, the City of Saint John
subdivide and sell a:t 8100 square foot portion of NBGIC Number 369454, Chesley
Drive, as generally shown on the submitted plan, to Ferro-Chemi-Crete Engineering
Limited for the purchase price of $2,511, with a closing date of on or before December
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COMMON COUNCIL
OCTOBER 10, 2000
15, 2000, upon the condition that Ferro-Chemi-Crete Engineering Limited, prior to
closing, shall have prepared and paid for all subdivision plans to facilitate the
conveyance proposed herein, and the Mayor and Common Clerk be authorized to
execute the deed.
2. That as recommended by the City Manager, Common Council authorize
the City Manager to institute the following fees for the recruitment of holiday relief
firefighters: written test - $20; fitness assessment - $100; job-related performance test-
$50.
Tuesday, October 10, 2000
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
10.1. Sale Of Property On Cheslev Drive
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
10.2. Recruitment Of Holidav Relief Personnel
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
10A. Planning Advisory Committee
Street VestinQ, Courtenay Bav Causeway
On motion of Councillor White
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted photo-
reduced Irving Oil Limited Subdivision tentative plan, which would vest two parcels with
a combined approximate area of 10090 square metres (108,611 square feet) as part of
the Courtenay Bay Causeway public right-of-way.
Question being taken, the motion was carried.
10B. Planning Advisory Committee
Street VestinQ, 220 Loch Lomond Road
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
Irving Oil Limited Subdivision tentative plan, which would vest a parcel with an
approximate area of 332 square metres (3,574 square feet) as part of the Loch Lomond
Road public right-of-way.
Question being taken, the motion was carried.
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COMMON COUNCIL
OCTOBER 10, 2000
10C. Planning Advisory Committee
Street VestinQ, 200 McDonald Street
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted photo-
reduced Irving Oil Limited Subdivision tentative plan, which would vest a parcel with an
approximate area of 1783 square metres (19,193 square feet) as part of the McDonald
Street public right-of-way.
Question being taken, the motion was carried.
10D. Planning Advisory Committee - Public
Utilitv Easements, 68 Mcilveen Drive
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted tentative
subdivision plan of 68 Mcilveen Drive, and to any required public utility easements.
Question being taken, the motion was carried.
11. Human Development Council -
2001 BudQet Presentation & Activities
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from the Human
Development Council requesting an opportunity to make a presentation in open session
of Council, as part of the budget process, to present its budget for 2001 and briefly
highlight its activities, be referred to the budget process and the Common Clerk be
requested to schedule a presentation.
Question being taken, the motion was carried.
11 A. Horst Sauerteig - Methods
Of CollectinQ OrQanic Waste
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from Horst
Sauerteig referring to the Fundy Region Solid Waste Commission's presentation to
Council on October 2, 2000 on methods of collecting organic waste, and expressing the
view that a delay in issuing a purchase order for the composting carts, if needed at all, to
allow the Commission to devise a plan to include the other 50% in its waste diversion
scheme, and present it to Common Council, seems called for and justifiable, be referred
to the Fundy Region Solid Waste Commission.
The initial motion, as proposed by Councillor Desmond and seconded by
Councillor Fitzpatrick, was to refer the above letter to the City Manager and the Fundy
Region Solid Waste Commission, whereupon it was suggested that this was a
Commission issue.
Question being taken, the motion was carried.
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COMMON COUNCIL
OCTOBER 10, 2000
11 B. Jon MacQueen - Sewage Water
Back-Up 154-156 KinQ Street East
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Jon
MacQueen advising that, on the weekend of May 8, 2000, sewage water was backing
into bath tubs at 154-156 King Street East at peak times, this problem also having
happened to him at 158-162 King Street East three years ago, as well as to three other
property owners since; submitting a copy of a letter and an invoice from Campbell's
Plumbing & Heating and notes from Larry Mason representing the City's Water and
Sewerage Division; and requesting that the City reimburse him for the Campbell invoice,
be referred to the City Manager.
Question being taken, the motion was carried.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk