2000-02-14_Minutes
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COMMON COUNCIL
FEBRUARY 14, 2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fourteenth day of February, AD., 2000, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court, 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; 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. Bob Freill of the
Catholic Diocese of Saint John offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on February 7, 2000, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
* Added Items
The Mayor asked for a motion to add to the agenda of this meeting as
items 4A and 5A, respectively, a Committee of the Whole recommendation of this date
on the Irving Oil Refinery water agreement and a letter from Loyalist Days Inc. (copies of
which were distributed to Council members at this meeting).
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that the above-mentioned
items be added to the agenda of this meeting.
Question being taken, the motion was carried.
Mayor McAlary proclaimed February 15, 2000 as National Flag of Canada
Day, and February 14 to 21,2000 as Heritage Week in the City of Saint John, with
February 21 being Heritage Day and, in the latter regard, advised that Heritage Awards
would be presented at the next Council meeting.
4. Water And Sewerage By-law
Amendment Re Schedule "B"
Read a report from the City Manager submitting for Council's
consideration of first and second readings a proposed Water and Sewerage By-law
amendment that would add a 5th block rate for payment of water consumption charges
by metered customers of the Water and Sewerage Utility; advising of the Water and
Sewerage Utility's total customer base as of January 1, 1998 including unmetered
households (flat rate customers), metered customers (typically industrial, commercial
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FEBRUARY 14, 2000
and institutional users), and special accounts for the Coleson Cove Generating Station
(NB Power), Irving Pulp & Paper, and Irving Oil Refinery, the latter involving two
accounts covering the existing 16" service connection only; and commenting on the
methodology of the Water and Sewerage By-law rate and the rate structure for the City's
customer base, as well as on the concept of a 5th block and the manner in which an
appropriate 5th block could be determined until a comprehensive rate study is
undertaken; referencing the negotiations with Irving Oil Limited concerning a connection
and supply agreement for the new Refinery upgrade project 30-inch water pipeline
constructed by the Company to service the expanded operations at the Refinery in view
of the City's fundamental position that By-law rates would apply for all water drawn for
the new Refinery upgrade project water service, and advising the charges to Irving Oil
Limited, with a 5th block provision included in the By-law rate structure, for the new 30"
water service to the Refinery.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "A
By-law To Amend A By-law Respecting Water and Sewerage", to add a 5th block to the
rate structure, 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 Trites
RESOLVED that the by-law entitled, "A By-
law To Amend A By-law Respecting Water and Sewerage", to add a 5th block to the rate
structure, 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".
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Council refer the above matter to the City Solicitor for review prior to giving
third reading to the amendment; and commit to undertake a comprehensive study of the
water and sewerage rate structure in the year 2001, for implementation in the year 2002.
Question being taken, the motion was carried.
*4A. Connection And Supply Agreement
IrvinQ Oil Limited Refinerv Water Pipeline
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize the execution of the submitted connection and
supply agreement between the City of Saint John and Irving Oil Limited in the matter of
the Irving Oil Refinery upgrade project water pipeline upon presentation of a duly signed
commitment in writing to install backflow prevention devices and an improved system of
metering on the existing sixteen-inch water line servicing the Irving Oil Refinery.
Councillor Titus spoke against the motion as he was not satisfied, from
his perspective, that the City would be getting the best possible price for the water and
should be making a profit, and staff could not tell Council, with any degree of certainty,
whether it would bear on what the individual householder may have to pay for water in
the future.
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FEBRUARY 14, 2000
Question being taken, the motion was carried with Councillor Titus voting
"nay".
5. 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, February 7,2000, 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 City Manager, Common Council not
exercise its right to oppose any of the notices of the proposed pipeline route pursuant to
paragraph 34(1)(a) and section 87(1) of the National Energy Board Act (as served upon
the City by Maritimes & Northeastern Pipeline Limited Partnership) and that the
aforesaid notices be received and filed.
2. That as recommended by the City Manager, Common Council amend its
resolution pertaining to the acquisition of land from McAllister Place Ltd. adopted on
December 13, 1999 by: (1) deleting "1,932 m2:t" and substituting therefor "2,979 m2 :t";
and (2) deleting "$14,400" and substituting therefor "$22,200", and all other aspects of
the resolution remain the same.
3. That as recommended by the City Manager; Common Council approve
the subdivision of a 1,687 :t m2 portion of NBGIC Number 424432, as generally shown
on the submitted plan, for street purposes for the Mark Drive by-pass road project.
4. That as recommended by the City Manager, Common Council amend its
resolution pertaining to the sale of land on Somerset Street to Canterbury Developments
Ltd. adopted on November 1, 1999 by: (A) deleting "and a 3.7:t metre wide Public Utility
Easement along the southwest property line of Parcel A"; (B) adding the following after
"... the adjoining land(s)": "that Common Council authorize the sale of a 3.7 :t metre
right-of-way over a portion of Parcel A, as generally shown on the attached plan, to the
New Brunswick Power Commission for access to and from its facility at 19 Somerset
Street for the purchase price of $500 (plus HST if applicable); and all other aspects of
the resolution remain the same.
5. That as recommended by the City Manager, Common Council authorize
the subdivision and sale of a 610:t m2 portion of land along Chesley Drive (NBGIC
Number 55093983), as generally shown on the submitted plan, to 059525 N.B. Ltd. for
the purchase price of $3,000 plus HST (if applicable); the closing date be on or before
May 31,2000, and the Mayor and Common Clerk be authorized to execute the
necessary documents; and further that the net proceeds arising from the sale (i.e.
purchase price less surveying and related costs, etc.) be shared in accordance with the
1969 North End Urban Renewal Partnership Agreement.
February 14, 2000,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
5.1 Notices Served Re Natural Gas Pipeline
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
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5.2 Amendment To Council Resolution
Land For Mark Drive Bv-pass Road
On motion of Councillor Court
Seconded by Councillor Vincent
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
5.3 Subdivision Of Land For Mark Drive Bv-pass Road
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
5.4 Amendment To Council Resolution
Re Sale Of Land On Somerset Street
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried.
5.5 Subdivision And Sale Of Land AlonQ Cheslev Drive
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that section 5 of the above report
be adopted.
Question being taken, the motion was carried.
*5A. Lovalist Davs Inc. - Lovalist HeritaQe Festival
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that the letter from Loyalist Days
Inc. advising that the Board of Directors was unable to acquire significant financial and
volunteer support to continue with the annual Loyalist Heritage Festival and adopted a
motion to turn over all residue properties of Loyalist Days Inc. to the Mayor and Common
Council to dispose of at their discretion, as well as a motion to dissolve the Board of
Directors of Loyalist Days Inc. as of Wednesday, February 2, 2000, be referred to the
City Solicitor.
Question being taken, the motion was carried.
6. Residents' Committee, Pits & Quarries (Aggregate
Resources) Study - Bv-Iaw Re Pits And Quarries
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the letter from the
Residents' Committee, Pits & Quarries (Aggregate Resources) Study advising of its
completion of a study on pits and quarries, having been asked to resume the study
initiated by the City in 1992 which was discontinued, and that the Committee looked
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FEBRUARY 14, 2000
forward to the Planning Department's acceptance of its recommendations and to
appearing before Council during the hearing for final approval, be received and filed and
permission be granted for the Committee to appear during the hearing in this regard.
As to the process, Mr. Baird advised that the above matter would involve
a by-law amendment, and the letter was indicating the Committee's interest in appearing
before Council during consideration of such an amendment, and concurred with the
Mayor that there would probably be representation from the operators' group as well.
Question being taken, the motion was carried.
7. Rotary Building Fund, Boys & Girls Club
Financial Assistance For Club Renovations
On motion of Councillor Court
Seconded by Councillor Vincent
RESOLVED that the letter from Gregor
Hope of the Rotary Building Fund, The Boys & Girls Club of Saint John, referring to his
presentation to Council on September 13, 1999 requesting financial assistance in the
$400,000 project to carry out renovations to the Club, having now learned from Mr.
Totten that the application did not qualify for inclusion under a specific funding program
and accordingly was not part of the budget process; and requesting, realizing that
nothing could be done for the year 2000, for a commitment of support from Council for
the year 2001, be referred for consideration in the Year 2001 operating budget.
Question being taken, the motion was carried.
8. Committee For Saint John Women's
Conference - Request For Support
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the letter from the
Committee for the fifth annual Saint John Women's Conference 2000 (formerly known as
Women in the Nineties) requesting support of the Conference to be held in Saint John
on April 15, 2000, be referred to the City Manager for a report to Council on its past
participation in this Conference.
Question being taken, the motion was carried.
9. Dynamic Construction Corporation Ltd.
Invoice For Compensatory Water StoraQe
On motion of Councillor Vincent
Seconded by Councillor Titus
RESOLVED that the letter from Dynamic
Construction Corporation Ltd. submitting an invoice for supplying compensatory water
storage over twenty years on land in Glen Falls, be referred to the City Solicitor.
Question being taken, the motion was carried.
10. Multicultural Association Of Saint John, Inc.
Re-establishment Of Lovalist HeritaQe Festival
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the letter from Multicultural
Association of Saint John, Inc., advising that it has been informed that the present Board
of Directors of Loyalist Days Inc. has resigned and given the Corporation's assets to the
City which has agreed to wind-up the Corporation with the objective to terminate it; also
advising that it is prepared to lend support to the immediate organization of a new
Loyalist City Heritage Festival organization for the purpose of ensuring that this popular
Festival will take place during the millennium; and asking Council to nominate a
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representative to attend a meeting for the re-establishment of the Festival so that a
reasonable program can be developed for the millennium year, be referred until after a
response is received on agenda item 5A.
Question being taken, the motion was carried.
Adjournment
The Mayor noted the intent to reconvene in Committee of the Whole at
this time, and declared the meeting adjourned.
Common Clerk