COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 MINUTES – REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 28, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Council Members present attended by video conference Acting Mayor / Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Absent: Mayor Don Darling Councillor Ward 3 Donna Reardon Councillor Ward 4 Ray Strowbridge Also Present: All staff present attended by video conference City Manager J. Collin City Solicitor J. Nugent Q.C. Fire Chief K. Clifford Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Commissioner Growth & Community Development J. Hamilton Deputy Commissioner Finance and Administration I. Fogan Common Clerk J. Taylor Deputy Common Clerk P. Anglin Administrative Officer R. Evans 1 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The City Clerk conducted roll call of the Council Members to determine quorum; the following Members were noted absent: Mayor Don Darling, Councillor R. Strowbridge, Councillor D. Reardon. To ensure access to the public and transparency of the meeting, livestreaming on the City’s YouTube feed is provided. Rogers TV also provides the public live streaming of the Council meeting. 1. Call to Order Acting Mayor / Deputy Mayor McAlary extended condolences on behalf of Council on the passing of community leaders Kenneth Gould and Bill Gale. Deputy Mayor McAlary also extended sincere thanks to John Nugent Q.C. City Solicitor on his 45 years of dedicated legal service to the City and his retirement on September 30th and welcomed the incoming General Counsel Melanie Tompkins. The Deputy Mayor congratulated Premier Blaine Higgs on winning a majority Progressive Conservative government and to the elected Saint John MLAs: Arlene Dunn - Saint John Harbour, Dorothy Shephard - Saint John Lancaster, Glen Savoie - Saint John East and Trevor Holder - Portland Simonds. 2. Approval of Minutes 2.1 Minutes of August 31, 2020 Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the minutes of August 31, 2020 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of Item 17.1 RFP 2020-091004P for Engineering Services: Site Works – Fundy Quay; 17.2 Chief City Engineer; and 17.3 Nominating Committee 68(1)(b) – Recommended Appointments to Committees. MOTION CARRIED. 4. Disclosures of Conflict of Interest 2 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2020- 238: Letter of Support for Adoption of the 2015 National Building Code of Canada, Common Council send a letter of support to the Province of New Brunswick, encouraging the adoption of the 2015 National Building Code of Canada as soon as possible. 5.2 That as recommended by the City Manager in the submitted report M&C 2020- 226: Materials Testing and Construction Inspection Services Agreement for 2019 and 2020, Common Council approve an increase to the Agreement with Gemtec Consulting Engineers and Scientists Ltd. for Materials Testing and Construction Inspection Services for 2019 and 2020 from $683,660.05 to $950,000.00. 5.3 That as recommended by the City Manager in the submitted report M&C 2020- 232: Award for Demolition of the Building at 111-115 City Road (PID 55227342), Common Council approves that the tender submitted by Galbraith Construction Ltd, for the demolition of the building located at 111-115 City Road, PID# 55227342, in the amount of $79,400.00 plus HST be awarded. 5.4 That as recommended by the City Manager in the submitted report M&C 2020- 225: Consideration of Sale of Land for Public Purposes at 1250 Latimore Lake Road, Common Council approves the following: 1. That Common Council seek the concurrence of the Planning Advisory Committee to divest the property, identified as being PID No. 55125496 from being “Land for Public Purposes” and if so, deem the subject property surplus to its needs, and 2. In the event the Planning Advisory Committee concurs with such, it is further recommended that the above said property be sold to Caroline Bird for $30,000.00 plus H.S.T. (if applicable) with all costs associated with the sale of this land to be the responsibility of the purchaser; on condition the purchaser and any subsequent owner of the property retain the pond for drainage purposes; and 3. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this transaction. 5.5 That as recommended by the City Manager in the submitted report M&C # 2020- 228 Fleet Replacement Procurement – September 2020, Common Council approves the award for the purchase of three (3) halfton, four wheel drive crew cab pick-up trucks and one (1) three-quarter ton, four wheel drive crew cab pick-up truck at a total cost of $192,237.30 plus HST to Dobson Chrysler Dodge. 3 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 5.6 That as recommended by the City Manager in the submitted report M&C 2020- 236: Grant of Easement to Mike Cavanagh Homes Inc. at Corner of Germain Street and Lower Cove Loop, Common Copuncil approves that The City of Saint John enter into the Easement attached to M&C # 2020-236 for the placement of foundation footings as shown on an submitted plan of survey, titled, “Plan of Survey Showing Foundation Location of Mike Cavanagh Homes Inc.”; on condition that the proposed grant of easement would, subject to compliance with the terms and conditions hereof, exist for the duration of the life of the building constructed upon the footing foundations in question. The easement would be granted upon the precondition that the grantee has first delivered to the Building Inspector the following documentation: 1. A survey plan prepared by a licensed New Brunswick land surveyor confirming the distance which the footings in question extend into the public rights of way of each of Germain Street and Lower Cove Loop, which shall not in any event exceed in the case of Germain Street, 0.465 meters in width and in the case of Lower Cove Loop, 0.610 meters in width; 2. Written certification by a professional engineer licensed to practice in New Brunswick that the foundation footings have been constructed and installed in accordance with the engineering design and drawings submitted to the City’s Building Inspection Office; 3. A survey plan prepared by a licensed New Brunswick land surveyor confirming the location and elevation of the aforesaid foundation footings in relation to City infrastructure located beneath the surface of the rights of way of each of Germain Street and Lower Cove Loop, along the entire length of the proposed easement; 4. The grantee shall provide the City a Certificate of Insurance issued by an insurer authorized to conduct business in New Brunswick confirming a wrap-up liability policy against liability for bodily and property damage which might arise with respect to the footing foundations in question and which shall provide the following: i. Coverage on an occurrence basis with inclusive limits of at least $5,000,000; ii. That the City of Saint John named as an additional insured with respect to the operations associated with the proposed easement; iii. Coverage for bodily injury and property damage in the amount of $5,000,000.00 on an occurrence basis; iv. A cross-liability clause; v. Completed operations coverage; vi. A requirement to provide the City 30 days advance written notice in the event of the cancellation, substantial amendment or lapse of this policy; and vii. Coverage for broad form property damage; 4 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 5. The grantee pay to the City of Saint John $1,000.00 plus HST (if applicable) for the easement; and 6. Common Council approves that the Mayor and Common Clerk be authorized to execute the Grant on behalf of the City. 5.7 That as recommended by the City Manager in the submitted report M&C 2020- 240: City Market Lease with A Whale of a Café doing business as The Wild Carrot Café, Common Council authorizes the following: 1. That the City enter into a Lease for Stall D in the City Market with A Whale of a Café doing business as The Wild Carrot Café, under the terms and conditions as set out in the Lease submitted with M&C 2020-240; and 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.8 That as recommended by the City Manager in the submitted report M&C 2020- 224: Proposed Public Hearing Date – 215 Somerset Street, Common Council approves the following: 1. That the public hearing for the Zoning By-law amendment for Maria Jimenez (215 Somerset Street) be scheduled for Monday November 9, 2020 at 6:30 p.m. to occur in Council Chamber with a remote participation option, and 2. That these applications be referred to the Planning Advisory Committee for a report and recommendation. 5.9 That as recommended by the City Manager in the submitted report M&C 2020- 230: Termination of Video Agreement with CGI Communications, Common Council approves the following: that the Mayor and Common Clerk be authorized to terminate the agreement with CGI and that the Common Clerk send written notice to CGI.