5th Regular Meeting of 2009 - March 23

Floating Quorums and No Evil Here

START: 7:00 PM

ABSENTEES: Councillor Gervais (Ward 1) and Councillor Williams (Ward 4)

PUBLIC GALLERY: Brian Clavier, Pick Potratz, Rhonda Herzog, Mike Herzog, Jordan Herzog, Merv Schneider, Noreen McBride, Paul Blackstock, Greg McEwen, and fifty others.

BACKGROUND DOCUMENTS: 191 pages

RECOGNITION: Jordan Herzog was presented with the 2008 Terry Fox Award. He was the 28th recipient of this honour.


7:15 Break. The Herzogs and fifty members of the public gallery leave.

7:26 Meeting resumes.


Pecuniary Interests - Over and Over and Over and ....

For the thirteenth consecutive meeting, the Mayor requested that members of council submit forms detailing what financial interests they have in the city that might affect their actions as municipal counillors. Of course, no explanation was given for this repeat request.

[Note that this item is not included in council's procedure, specifically Bylaw #10 of 2005, as amended by Bylaw #23 of 2008 and Bylaw #32 of 2006. In addition, re-read my comments posted February 25, 2009, under "Submission of Pecuniary Interest Forms."]


Bylaw 5 Public Hearing - To allow council discretion to approve 45-meter-high telecom towers in the Institutional and Institutional General Service Zones (I and IG - there are 31 in the city) and Private Schools in the Downtown Commercial (C1) Zone

- Brian Clavier spoke against allowing these telecom towers in the I and IG zones [for the third time]. He read the following text as his presentation.


It should come as no surprise that I’m speaking in opposition to the portion of the bylaw that allows telecommunication towers in areas of the city zoned Institutional and Institutional General Service.

Many of the reasons for my opposition are the same today as they were two weeks ago - when I spoke against allowing a 140-foot telecommunications tower at Advantage Credit Union’s property at 215-16th Street West. But now that you’re going beyond one specific tower, I’m going to expand on the arguments you previously ignored .

If you look at the map on page 77 of the background documents, you will see that the areas currently zoned I or IG are spread throughout the city. There are 31 such areas shown on the map. That means there could be 31 more telecommunications towers, each 140 feet tall. Allowing council the “discretion” to permit the construction of these towers is, given past experience, giving any one of these properties carte blanche to construct a tower.

Two weeks ago the Director of Economic Development and Planning said that city council has to adhere to the city’s bylaws [she was speaking in reference to a suggestion by Councillor Dionne - that a temporary limousine service license could be granted, before the taxi bylaw was changed]. But at the same meeting you voted not to adhere to the Industry Canada requirements for approving 140-foot telecommunications towers, which are detailed in the city planner’s reference to them on page 166 of the background documents for the March 9 meeting.

In Bylaw #5 of 2009, these six requirements are lumped into one phrase, which you will find in the middle of page 80. It reads, “the applicant shall provide the city with a license of approval from Industry Canada.” So if you pass this bylaw as is, and I have absolutely no doubt that you will, you will be legally obliged to insist that a tower applicant adhere to the following:

1. there must evidence of public consultation
2. the applicant must comply with Health Canada’s Safety Code 6 guideline for the protection of the general public (that means they have to find that guideline, read it, and provide written evidence that they are in compliance with it)
3. the applicant must comply with radio frequency immunity criteria (you may recall my reference to terrible reception of CBC-AM on 22nd Street West, between the tower at PACI and the city’s tower at the 2nd Avenue reservoir)
4. the applicant must notify nearby broadcasting stations (not just the Rawlco ones, but CTV, CBC, Missinipi, and the new Christian Radio station as well)
5. the applicant must give evidence of having taken environmental considerations into account (which means they sought out other alternatives, such as the site on 6th Ave and 16th Street West where the city approved a Rogers cell phone tower seven years ago, and are mitigating the possibility of collisions with birds), and
6. the applicant must obtain an Aeronautical Clearance Certificate from Transport Canada.

I am repeating the six Industry Canada criteria today because the ONLY ONE of these that was met by Advantage Credit Union, in the documentation it gave to the city for the 140-foot tower you approved on March 9th, was number 6. I pointed that out at the last meeting.

If you understand the concept of respecting your own bylaws, you will ensure that every application for a telecommunications tower higher than 50 feet meets all of the Industry Canada requirements. Need I remind you, that you can’t pick and choose when to adhere to the city’s bylaws - even though you’ve already shown that you can ignore the specific content of this bylaw. I am dumbfounded about why you’re giving the bylaw any readings, if you insist on applying the “discretion” to overlook its requirements.

- THE VOTE (to consider during bylaws segment of the meeting): 6 - 1 in favour, Councillor Atkinson opposed.


We Fund it, But Don't Care How it Achieves Quorum

[The city of Prince Albert contributed $1,248,375 to the Wapiti Regional Libary in 2008. It asked for an additional $39,590 from the city's 2009 budget.]


7:44 PM


- Councillor Atkinson spoke to a suggested bylaw change at the Wapiti Regional Libary, one that would allow a reduction in the quorum requirement at the annual [spring] and semi-annual [fall] meetings of the Libary's Board - from 50% of members to 35%. He opposes the quorum change. Mayor Scarrow said the change makes sense. Atkinson said the Library's operational aspect should be more effective, and it should try to get people interested, rather than making change in people's absence. There are about 145 members.

- Councillor Swystun said the Library's annual meeting will address the quorum issue. He asked if Atkinson was asking council to provide direction to the city's representatives on the Board.

- Councillor Atkinson replied that the bylaw proposal reduces the need for participation; maybe the regional should be smaller (it stretches from Hudson Bay to Porcupine Plain to Big River; no input is asked of members other than at the two meetings per year; and there is no particiaption with regard to the Library's operating budget.

- Councillor Swystun stated that the city's representatives should speak to this at the April meeting of the Board. Opponents of the bylaw change should suggest alternatives.

- Councillor Ring said there was no quorum last year. He wondered how they could get people interested in coming tot he meetings.

- Councillor Atkinson reminded council that there will not be a bylaw change next month if there is no quorum.

- THE VOTE (to receive and file the correspondence): 7 - 0 in favour.


Realtors Oppose Secondary Suites in Their Most Profitable Areas

[The city will be holding public meetings to gather opinions on Bylaw 6 of 2009, which allows rental suites in the R1 and R2 zones of the West Hill and Crescent Acres.]

- Councillor Ring encouraged people to come to the meetings.

- Councillor Swystun agreed, saying some people believe this would have a dramatic impact on their neghbourhoods.

- Councillor Dionne said the notification must be clear about the purpose of the meetings.

- Councillor Atkinson added that the meetings' purpose is to get public input, then ensure that the bylaw is adjusted accordingly.



"Pin to the Skin" in like Flynn

[A tattoo parlour on 13th St. West applied for city fee refunds under the downtown Municipal Enterprise Zone program.]

- Councillor Swystun, noting this was the first application to the program, said he looks forward to many more.


Pool Zapped for Five Days

[Due to work by SaskPower in Carlton High School, the swimming pool there will have to be closed over the Easter Break.]

- Mayor Scarrow asked if the "other pool" [Marion Aquatics] would be open. [If he had read the backgound documents, he would have known the answer to this question . . . .] Community Services Director Zeeben replied "Yes."

- Councillor Zurakowski suggested we should try to coordinate with the Sask. Rivers school board, so that pool closures do not occur during holidays [meaning SaskPower work should happen when classes are on, allowing students, staff, and teachers to fumble around in the dark?]

- Mayor Scarrow said electrical repairs should be done when the outdoor pools [there's only one in Prince Albert . . . .] are operating.

- Councillor Dionne asked about pool usage during last year's Easter Break, saying that most people travel during that week.

- Mayor Scarrow concluded the discussion by saying that the number of users was less important than who uses the pool, since a visit there is an "affordable break. Not everyone goes on a ski holiday."


8:11 PM


Events Attended by Council

- Councillor Swystun went to the UNESCO Municipal Coalition Against Discrimination and Racism signing.
- Mayor Scarrow's jam-packed diary included attending the Baha'i new year celebration, a mixed curling event, the Mayors' hockey challenge [he lost this annual shooting event against the Saskatoon mayor], a chili cookoff, a round dance at the Allan Bird Memorial Centre, the PA Raiders' windup banquet, a teachers' convention, a Francophone week ceremony, the Power 99 breakfast, an Indian-Metis Friendship Centre luncheon, the poster awards ceremony and tea for Elimination of Racism and Discrimination Week, a Riverside School event, a Multicultural Centre business program graduation, and the CCS awards. [Who knew there were so many ceremonies where an appearance was mandatory, and so little else to do?] He reminded us about Earth Hour, on March 28, from 8:30 to 9:30 PM, suggesting "dinner by candlelight," and that we use our imagination about other possible activities.
- Councillor Ring was at the UNESCO signing ceremony at the Rawlinson Centre, and told us about his father, who immigrated from Holland over 50 years ago.


Actress's Death Prompts Mandatory Helmet Inquiry, and Does City Policy Trump The Cities Act?

- Councillor Dionne cited the accident at Mont Tremblant that killed Natasha Richardson, and the fact that the Little Red River Park ski hill is in his ward, in his request to have the mayor write a letter to the province asking for mandatory helmet legislation. Scarrow replied that we should have a city bylaw requiring cyclists to wear helmets. A report was requested. The vote to produce the report was 7 - 0 in favour.

- Councillor Atkinson, referring to an in camera item earlier in the day, asked if city policy took precedence over The Cities Act [with respect to the type of item that should be considered at in camera meetings] Councillor Dionne immediately interpreted this as a request for a report, and said it needed a seconder. None was forthcoming, so the request failed. Atkinson then asked that a report be provided only to him. This also was denied, since no one would provide the [apparently, still-required] second to the "motion." Atkinson then asked if the policy [contained in Bylaw 23 of 2008, and given third reading on July 2, 2008 . . .] requiring a vote to support an information request was "specific to things that we don't agree with." The Mayor skirted the issue, replying that there had been ample time for a seconder. City Clerk Skauge said a seconder was needed. Councillor Dionne, having succeeded in translating the original question into a formal request for a "report from administration," remained silent.

8:28 PM

Mayor Sees No Evil, Hears No Evil

Not content to let Councillor Atkinson go home without a lecture, Mayor Scarrow said that the decision on Atkinson's earlier inquiry was a "judgment call" by the City Clerk. The item in question would move to council's public agenda "via the budget process." His next statement further confused the two people remaining in the public gallery: the item "could have been" on the public agenda. In addition, there was no "mystery" here, only an attempt to give "comfort to a public organization." Atkinson interjected that it should have been on the public agenda for this meeting. Scarrow repeated that the decision was made by the City Clerk, adding that council was not acting in an "evil way."


Always the Last Words, Thank Yous, Invitations, etc.

The Mayor thanked administration; thanked Finance Director Day for the 1500 pages of "light reading" on the city budget; and drew attention to the public's opportunity to comment on the budget at a meeting on March 26.

The City Clerk pointed out that anyone wishing to speak at the March 26 meeting had until 4:45 PM on Tuesday, March 24 [about 20 hours] to submit their speaking notes for review [and, obviously, read through the budget documents - about 400 pages].

END 8:36 PM