2007-03-26_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire
City of Saint John
Common Council Meeting
Monday, March 26, 2007
Location: Common Council Chamber
Supplemental Agenda
Re: 11.3 Former Landfill at Howes Lake
Re: 11.4 Arbour Day - Teacher's Resource Guide
13.1 Committee of the Whole Report Property Acquisition - Aliant and the City of Saint
John
13.2 Committee of the Whole Report - Appointments to Committees
City of Saint John
Seance du conseil communal
Le lundi 26 mars, 2007
Emplacement : Salle du conseil communal
L'ordre du jour supph~mentaire
Alim~a 11.3 Ancien site d'enfouissement situe au lac Howes
Alinea 11.4 Celebration de la Journee de la verdure
13.1 Rapport du Comite plenier relatif a I'echange de biens-fonds entre Aliant et The
City of Saint John
13.2 Rapport du Comite plenier relatif a la recommandation de nominations pour sieger
aux comites
ilr3
I Former Landfill at Howes Lake
1. What is the lot size or acreage of this site?
The landfilled area is approximately 20.32 hectares (approximately 50 acres). There
is also a 100m buffer zone around the landfill.
2. What environmental concerns exist from a future development perspective?
The environmental concerns are the presence of the garbage, leachate in and around
the site, and landfill gases (methane).
3. If there are environmental concerns, what steps can be taken to eliminate the
environmental concerns so development can be encouraged?
The City and the Province are currently in the process of properly closing the former
landfill. Sections of the site will receive a low permeability cover, other areas will be
regraded to promote runoff and a leachate collection system will be installed to
collect the leachate for treatment. To date, approximately 5.38 hectares
(approximately 13.3 acres) of the site has been covered with' another approximately 3
hectares (7.4 acres) planned for 2007. The leachate collection system on the south-
east section of the landfill has been completed and the leachate is being transported to
the Millidgeville Wastewater Treatment Plant for treatment.
The closure plan that was first adopted is also being reviewed this year to determine
the effectiveness of efforts to date and to determine if additional steps are required.
In addition to these efforts, Provincial regulations state that "No use shall be made of
land, which has been used for the disposal of waste, within a period of 25 years after
completion of the site, unless the Minister approves the proposed use." The Province
considers the 25 year period to start once the closure process has been completed.
Once the site has been closed, any future development requests would have to be
evaluated and approval sought from both the Department of Environment and the
Department of Health. The City would also have to take into account the liability of
approving the use of the site.
4. In consideration of the first three questions, what development opportunities would be
most appropriate on this site?
The closure plan first adopted for this site contemplated a passive recreation use.
There is an opportunity to extend the Rockwood Park trail system across the site and
down to University A venue. This would open up opportunities for uses such as
mountain biking, walkinglhiking, birdwatching, etc. The presence of high voltage
power lines through the site would limit uses such as kite or model airplane flying
(such as in Lorneville).
The construction of a golf course would require a comprehensive cover system
incorporating a detailed active gas collection system. Explosions have occurred
elsewhere due to landfill gas build up as a result of ballfields and golf courses being
constructed without due consideration and treatment of these gases. (2002
Assessment and Classification - Former Howes Lake Landfill.)
For any other development, the Province has a few guidelines/restrictions that must
be met:
. No wells shall be installed (as per attached regulation)
· The cover material and site drainage plan shall not be disturbed by the
development. (This would include the planting of trees)
· The preference is that no buildings be constructed on the site. If a building is
required, it must be built on a slab and have a ventilation system in place (to
reduce the risk of buildup of landfill gases.)
· The site must be kept clean at all times. Any garbage that is deposited (such
as illegal dumping or even garbage that walkers/bikers bring to the site) must
not accumulate.
As for the buffer zone, in the past there was a strict no development policy within the
zone. The Province will now consider development within the zone as long as a
Professional Engineering consultant certifies that it is safe to build. Again, the City
would have to look at the liabilities of allowing such development.
REGLEMENT DU
NOUVEAU-BRUNSWICK 90-79
Etabli en vertu de la
LOI SUR L' ASSAINISSEMENT DE
L 'EAU
(D.C. 90-531)
PROTECTION DES AQUIFERES
22(4) L' etablissement d 'un puits it
proximite d'une decharge contr6lee, d'un
depotoir ou de toute autre source massive
de polluants a une distance susceptible
d'entrainer une contamination du puits est
subordonne it I' obtension de I' agrement
ecrit du Ministre et du ministre de la Sante
et des Services communautaires a la
construction du puits conformement aux
prescriptions que ces derniers imposent
dans leur agrement.
REGLEMENT DU
NOUVEAU-BRUNSWICK 88-200
Etabli en vertu de la
LOI SUR LA SANTE
(D.c. 88-800)
ELIMINATION DES DECHETS
SOLIDES
277 Sauf si Ie Ministre approuve 1 'usage
propose, il est interdit d'affecter a un autre
usage avant I' expiration d 'une peri ode de
vingt-cinq ans tout terrain qui a deja ete
utilise pour I' elimination des dechets.
NEW BRUNSWICK
REGULATION 90-79
under the
CLEAN WATER ACT
(O.C.90-531)
PROTECTION OF AQUIFER
22(4) No well shall be located so near to a
sanitary landfill, garbage dump or other
massive source of contaminant so that the
well might become contaminated unless the
written approval of the Minister and the
Minister of Health and Community
Services is obtained and the well is
constructed in accordance with any
requirements established by the Minister
and the Minister of Health and Community
Services in their approval.
NEW BRUNSWICK
REGULA TION 88-200
under the
HEALTH ACT
(O.c. 88-800)
SOLID WASTE DISPOSAL
277 No use shall be made of land, which
has been used for the disposal of waste,
within a period of twenty-five years after
completion of the site, unless the Minister
(approves the proposed use.
DOE rO'is,cl.ors +~{ 1.S Y.' per,ocl \~ \:,(S:"
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42
5.2 POTENTIAL USES FOR THE LAND
In recognition of the location, value and interest in the site, a review of its potential uses was
undertaken as part of this closure exercise.
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The proximity of the site to Rockwood Park, and more specifically the Rockwood Park Trail
System, off~rs the opportunity of extending the trail system from Rockwood Park, across the
site and to University Avenue. There are indications that such a trail is already being used by
people for recreational use such as mountain biking, walking dogs, etc. (Figure 5.1). It should
be noted that excellent views of the City are offered at the northeast and southwest portions of
the site.
The implementation of a trail system through the site could lead to other passive recreational
uses of the site such as bird watching, walking, etc. The proximity of the high voltage power
lines that cross the site need to be considered, and activities such as kite flying strictly restricted.
We understand that a private developer has previously approached the City in terms of
developing a golf course at the site. Golf courses have been constructed on numerous closed
landfill sites throughout North America. Some of the municipalities thal have constructed golf
courses on closed landfills are as follows;
. Belle Park Landfill Site, Kingston, ON
. KiI-Cona Park, Winnipeg, MN
· Brittannia Landfill, Region of Peel, ON
The construction of a golf course would require a comprehensive cover system incorporating a
detailed active gas collection system. Explosions have occurred elsewhere due to landfill gas
build up as a result of ballfields and golf courses being constructed without due consideration
and treatment of these gases.
GEMTEC Limited
418, 17 - R02
Assessment and Classification
of the Former Howes Lake Landfill
~..~ Arbour Day
Teacher's Resource Guide
Helping
Grade One
Students Celebrate
Arbour Day
~.
SAINT JOHN
~
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THE POWER OF EDUCATION
-1IIt-
IRVING
-----
J.D. IRVING, LIMITED
1
Dear Teacher I
In celebration of Arbour Day, the City of Saint John in partnership with School
District 8 and J.D. Irving, Limited and are providing Grade One students across
School District 8 with a tree seedling to take home and plant. Planting tree
seedlings provides a wonderful opportunity for students to learn about plants and
add more trees to New Brunswick's landscape. To help ensure the survival of
seedlings, we provide teachers with this guide. Please share the information
contained in this guide with your Grade One students. With your support and
guidance, students will understand and appreciate the value of trees, and be
motivated to plant their seedling. Together, you can help ensure the seedlings
Grade One students plant today, are healthy and strong for many years to come.
By using this guide, your students will learn to properly care for their seedlings.
TABLE OF CONTENTS
History of Arbour Day
Who Uses Trees?
What do Trees Need to Live?
Planting a Tree Seedling
Planting Your Tree Seedling
Resource List
Story
Activity Sheet
Activity Sheet
Class Activity
Activity Sheet
Contacts
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
The celebration of Arbour Day is an opportunity for Grade One students to learn
about trees and the natural world, while taking positive action to make their world
a better place. In the past, many Grade One students have had the satisfaction of
caring for their seedlings until they become adult trees. There are many ways for
you, your class, or your school to celebrate Arbour Day. This guide provides ideas
to help you and your students enjoy Arbour Day.
2
TEACHER BACKGROUND:
In 1872, Mr. J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a holiday be set aside for tree planting. The idea soon spread across North
America. In 1884, Canada began celebrating Arbour Day. On May 10, 1893 the
Council of the North West Territories was first to officially recognize Arbour
Day. At that time, school children actually had a holiday, and offices and stores
were closed.
THE HISTORY OF ARBOUR DAY:
Many, many years ago, a man by the name of Sterling Morton and his wife Caroline,
moved from their home in Michigan to build a new house in a place called Nebraska.
Michigan was a beautiful place with many trees. When they came to Nebraska,
they were sad to find only fields of grass and no trees. Mr. Morton and Caroline
missed trees so much; they decided to plant some around their house. They asked
their neighbours and friends to do the same thing. Mr. Morton wanted everyone to
enjoy trees because they are both beautiful and important. Trees shade our
homes from the sun's heat and protect us from the strong cold winds. Trees
provide food, homes, and shelter for birds and animals. Mr. Morton hoped
everyone would set aside one day each year, just for planting trees. The
government agreed, and they named it Arbour Day. The name Arbour is Latin for
tree. Since then, millions of trees have been planted around the world.
Each of you will be given a tree on this special day. Plant this tree today and you
will keep Sterling Morton's dream alive. You need to take good care of your tree so
that everyone can enjoy it for many years to come.
3
Name:
VVho Uses Trees?
On the picture below:
1. Put a red check mark beside the bird hiding in the tree.
2. Put a green triangle around the animals using the trees for food.
3. Put a blue square around the people using trees.
4. Put a yellow star on the insects using trees.
5. Put a brown circle around the animals that use trees for a home.
4
What do Trees Need to Live?
Name:
Directions:
1) Color pictures.
2) Circle any items a tree needs to live.
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Planting a Tree Seedling (Class Activity)
In this activity, the teacher will lead the class through the steps involved in
planting a tree seedling. This may be done inside the classroom, outside in the
schoolyard, or in a nearby natural area. If you plant a tree in a pot in the
classroom, the seedling can stay inside until the end of June. In July it should be
planted outside. Make sure the seedling gets some full sunlight every day.
Materials: seedling, small shovel or spade, water, water container, pot and dirt (if
inside), a site (if outside).
What does a tree seedling need to
live?
Discussion: Review with student the things a
seedling needs to survive.
Water, air, dirt, sunlight.
~~
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Where should a seedling be planted?
Discussion: What makes a good planting site for a seedling?
· An adult tree needs to have space all around it. Do not plant seedlings too
close to a building or sidewalk. Do not plant seedlings under overhead wires.
· Seedlings cannot be put in a place that is saturated with water.
· The seedling needs a place where it will receive some sun every day.
· The seedling must be planted in healthy soil (not in gravel or hard,
compacted soil).
Activity:
. Go on a tour outside to identify good and poor planting sites. Have students
explain why a site is good or bad. Choose a site to plant the seedling.
How to plant a seedling?
Activity:
· With the class, go through the tree planting stages found on the back of the
seedling bag or in this booklet.
Have students complete the following page to reinforce the material from this
activity.
6
Planting Your Tree Seedling
Directions:
1) Color the pictures.
2) Cut out each of the boxes.
3) Put the boxes in order starting with taking your tree home.
4) Glue the boxes onto construction paper in the correct order.
Carefully carry your
seedling home.
-------------------~
As your tree grows, give it water
and pull out any weeds.
Give the tree a good
drink of water.'
--------..---......------
Dig a hole 15 em deep
and 15 em wide.
Put tree in hole
standing straight up.
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7
RESOURCE LIST:
Arbour Day is celebrated throughout the world. There are many sources of
information about this important day. Contact the following organizations for
information to help you celebrate Arbour Day.
Internet Websites:
National Forest Week:
· http://www.canadianforestry.com/html/outreach/forest week e.cfm
Tree Canada:
· www.treecanada.ca
Irving Forest Discovery Network
· www.ifdn.com
Note: The content for this booklet was provided by Alberta Environment and is being used with
their permission.
8
Item 13.1
Report from Common Council meeting in Committee of the Whole on Monday, March
26,2007.
RECOMMENDATION:
That The City of Saint John offer to purchase the fee simple interest in
property designated PID's #38075, #38083, #37887, #37895, #37903,
#55046361, #37325 and #55046379 from the Saint John Parking Commission
on or before May 31, 2007 for Five Hundred Forty Five Thousand Eight
Hundred and Three ($545,803.00) Dollars upon the terms and conditions set
out in the Agreement submitted with this report;
AGREEMENT OF PURCHASE AND SALE
The undersigned THE CITY OF SAINT JOHN (hereinafter called the
"Purchaser") hereby offers to purchase from THE SAINT JOHN PARKING
COMMISSION (hereinafter called the "Vendor") all and singular the freehold lands and
premises situated at Dorchester Street. Wellin2ton Rowand Union Street. Saint John.
New Brunswick and known as PID's: #38075 (9 Dorchester Street); #38083 (19
Dorchester Street); #37887 (18 Wellin2ton Row); #37895 (16 WelliDlrton Row);
#37903 (12 Wellin2ton Row); #55046361 (Wellin2ton Row); #37325 (121 Union
Street); #55046379 (121 Union Street) (hereinafter called the "Real Property") at the
price of Five Hundred Forty Five Thousand Ei2ht Hundred Three ($545.803.00)
Dollars of lawful money of Canada payable as follows: Five Thousand Ei2ht Hundred
Three ($5.803.00) Dollars as a deposit to be held by the Vendor's Solicitor pending
completion or other termination of this Agreement and to be credited on account of the
purchase money on closing and the Purchaser agrees to deliver to the Vendor at closing
an HST Certificate in the form and content as attached hereto,
Provided as follows: The Vendor shall have good and marketable title to the real
property free and clear from all encumbrances except as provided herein. The Purchase
shall not call for production of any title deeds, abstracts, or other evidence of title except
such as are in possession of the Vendor, Within twenty (20) days from the date of
acceptance hereof the Purchaser may examine the title at its own expense. If within that
time any valid objection to the title is made in writing by the Purchaser to the Vendor
which the Vendor shall be unable or unwilling to remove within ten (10) days of
notification of said objection or objections and which the Purchaser will not waive, this
Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such
objections, be null and void and the deposit shall be returned to the Purchaser without
interest and the Purchaser shall not be liable for any costs or damages. Save as to any
valid objection so made within such time the Purchaser shall be conclusively deemed to
have accepted the title of the Vendor to the Real Property.
The transaction of purchase and sale shall be completed on or before the 31st day
of Mav. 2007.
Vacant possession of the real property is to be given to the Purchaser upon
closing.
Taxes, water and sewage rates, and all other adjustments shall be apportioned and
allowed to date above fixed for completion of sale.
There are no representations, warranties, collateral agreements or conditions
affecting this Agreement or the Real Property or supported hereby other than as
expressed herein in writing.
All buildings and equipment upon the Real Property to be given shall be and
remain at the risk of the Vendor until closing.
The Vendor will furnish to the Purchaser at closing, a Transfer in registerable
form at the expense of the Vendor.
If the Purchaser defaults in the completion of the sale under the terms of this
Agreement, any money, paid hereunder shall be forfeited to the Vendor by way of
liquidated damages, or the Vendor may, (at its option) compel the Purchaser to complete
the sale.
Agreement of Purchase and Sale
The City of Saint John and The Saint John Parking Commission
Page 2
THIS OFFER shall be irrevocable by the Purchaser until 1:00 p.m. local time on
the 16th day of April, 2007 after which time, if not accepted, this offer shall be
automatically null and void, and all deposit money returned to the Purchaser without
interest.
THIS OFFER, when accepted, shall constitute a contract of purchase and sale
binding upon the parties hereto.
THIS OFFER, its acceptance and any resulting contract of purchase and sale shall
be read with all changes of gender or number required by the context, shall be binding
upon the parties hereto, their respective heirs, executors, administrators, successors and
assigns and time shall in all respects be of the essence hereof.
DATED at Saint John, New Brunswick, this
SIGNED, SEALED & DELIVERED)
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day of March, 2007.
THE CITY OF SAINT JOHN
N.M. McFarlane, Mayor
J. Patrick Woods, Common Clerk
Common Council Resolution:
March _,2007.
The undersigned Vendor accepts the above offer of Five Hundred Fortv Five
Thousand Eil!:ht Hundred Three ($545,803.00) Dollars and agrees with the Purchaser
to comply with the terms and conditions thereof.
SIGNED, SEALED & DELIVERED)
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THE SAINT JOHN PARKING
COMMISSION
Per:
And:
The City of Saint John
'7 .d-
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March 26, 2007
Deputy Mayor Hooton
And Councillors
Deputy and Councillors,
Subject: Recommended Appointments to Committees
The Committee of the Whole having met earlier this evening, makes the following
recommendations:
Heritage Development Board (Preservation Review Board) - to recognize the
appointment of Malcolm Boyd made in December 2006 for a three year term ending
November 20,2009, and appoint Diana Alexander for a three year term ending March 26,
2010.
Saint John Energy - to appoint Ross Galbraith for a three year term ending March 26,
2010.
Lord Beaverbrook Rink - to appoint Arthur Van Wart and Sue Ellis Luparco for terms
of three years ending March 26,2010.
Enterprise Saint John - to appoint Robyn Tingley for a term to expire August 26,
2007, and that Council support the request of Enterprise Saint John for the Chair of
Vision 2015 to assist in community planning.
Greater Saint John Seniors Advisory Committee - to appoint the Mayor as Liaison.
;tlY'
Norm~
Mayor
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SAINT JOHN
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P.O. Box 1971 Saint John, NB Canada E2l4L1 I www.saintjohn.calc.p. 1971 Saint John, N.-B. Canada E2l4L1