2021-05-17_Minutes--Procès-verbal
COMMON COUNCIL / CONSEIL COMMUNAL
May 17, 2021 / le 17 mai 2021
MINUTES – REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
May 17th, 2021 AT 6:00 PM
nd
2 FLOOR COMMON COUNCIL CHAMBER
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor-at-Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
General Counsel M. Tompkins
Fire Chief & Chief Emergency Management Services K. Clifford
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Human Resources S. Hossack
Commissioner, Public Works and Transportation Services M. Hugenholtz
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Director Legislative Services / City Clerk J. Taylor
Deputy City Clerk P. Anglin
Administrative Clerk R. Evans
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COMMON COUNCIL / CONSEIL COMMUNAL
May 17, 2021 / le 17 mai 2021
1. Call to Order
Due to the COVID-19 Mandatory Order restriction protocols public access to the Council
Chambers is restricted. To ensure public access and transparency the meeting is being
livestreamed, video recorded and posted to the City’s website after the meeting has
concluded.
2. Approval of Minutes
2.1 Minutes of May 3, 2021
Moved by Councillor Merrithew, seconded by Councillor MacKenzie:
RESOLVED that the May 3rd, 2021 meeting minutes be approved.
MOTION CARRIED.
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2.2 Minutes of May 5, 2021
Moved by Councillor Sullivan, seconded by Councillor Reardon:
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RESOLVED that the May 5, 2021 meeting minutes be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Reardon, seconded by Councillor Hickey:
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RESOLVED that the agenda of May 17, 2021 be approved with the addition of the
following:
Attachment to item 5.9 Confidentiality and Non-Disclosure Agreement,
Addition of item 8.1 a recommendation from Committee of the Whole with respect
to a Letter of Intent with LBR.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2021-
124: Refrigeration System Upgrades - Various Arenas that:
1. The tender submitted by Black & McDonald Limited, for the Refrigeration
System Upgrades at the various Arenas in the amount of $240,235 plus HST
be accepted. Further to the base tender amount, a contingency allowance be
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May 17, 2021 / le 17 mai 2021
included out for this project in the amount of $10,000 plus HST, for a total cost
of $250,235 plus HST; and that the Mayor and City Clerk be authorized to
execute the necessary contract documents; and
2. That the City accept the offer by the Regional Development Corporation for
funding from the Community Development Fund for the project entitled “City of
Saint John - Improvements” also known as “Project No.: 14107” as presented to
Council at its May 17, 2021 meeting and that the Mayor and City Clerk by
authorized to execute the said offer.
5.2 That as recommended by the City Manager in the submitted report M&C
2021-146: Lower Roofs Replacement, City Market, Common Council approve the
tender submitted by Dowd Roofing Inc, for the Replacement of the Lower Roofs at
the City Market in the amount of $204,250.00 (plus HST) be accepted. Further to the
base amount, it a contingency allowance be carried for this project in the amount of
$20,000.00 plus HST, for a total amount of $224,250.00 plus HST; and that the Mayor
and City Clerk be authorized to execute the necessary contract documents.
5.3 That as recommended by the City Manager in the submitted report M&C 2021-
147: Contract 2021-147: National Disaster Mitigation Program (NDMP) Funding Sub-
Contribution Agreement; Common Council adopt the following:
That the City enter into a Sub-Contribution Agreement with Her Majesty the Queen in
Right of New Brunswick as represented by the Minister of Justice and Public Safety for
financial contribution to the approved project “Flood Risk Mitigation Strategy for Lower
Cove Loop” in the form attached to M&C 2021-147; and that the Mayor and City Clerk be
authorized to execute the necessary contract documents; and,
Common Council approve the proposal from CBCL Limited for the Flood Risk Mitigation
Strategy for Lower Cove Loop in the amount of $89,987.50 including HST be accepted and
that the Mayor and City Clerk be authorized to execute the appropriate documentation
in that regard.
5.4 That as recommended by the City Manager in the submitted report M&C 2021-
152: Contract 2021-07: Broadview Avenue (Charlotte Street to Carmarthen Street) -
Water, Sanitary and Storm Sewer Renewal and Street Reconstruction the contract be
awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of
$1,151,535.25 (including HST) as calculated based upon estimated quantities, and further
that the Mayor and City Clerk be authorized to execute the necessary contract
documents.
5.5 That as recommended by the City Manager in the submitted report M&C 2021-
157: Fire Services Review Reserve Funding, Common Council approve the transfer of
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May 17, 2021 / le 17 mai 2021
$95,800.00 (plus applicable HST) from the General Fund Operating Reserves to fund the
cost of the Fire Service Review as part of the approved restructuring plan.
5.6 That as recommended by the City Manager in the submitted report M&C 2021-
148: CCTV Restore Peel Parking Garage,
1. Common Council approve the expenditure of funds of $63,855.71 plus HST to
restore CCTV (closed-circuit television) functionality at the Peel Plaza Parking
Garage, and;
2. Authorize the City Manager to sign the quote from Atlantic Alarm and Sound Ltd.
to indicate the prices, specifications and conditions are satisfactory and accepted;
and to authorize work to begin.
5.7 That as recommended by the City Manager in the submitted report M&C 2021-
149: Emergency Alerts – Voicemail and Text Services, Common Council approve that:
1. The City expend $0.02 per voicemail and text message sent during an emergency
event for emergency alert services from Twilio Inc. until the service is terminated
within 30 days of written notice; and further
2. That the City accept Twilio’s Terms of Service for sending out emergency alerts
from the City’s website; and further
3. That the Mayor and City Clerk be authorized to execute any necessary documents
to effect the use of the Twilio emergency alert service.
5.8 That as recommended by the City Manager in the submitted report M&C 2021-
151: Statement of Work Agreement with Esri Canada, Common Council approve the
Agreement Esri Canada Consulting Service Request Terms and Conditions between Esri
Canada (“Vendor”) and the City of Saint John (“Customer”) for professional services to
restore ArcGIS Enterprise and that Mayor and City Clerk be authorized to execute the
necessary documents.
5.9 That as recommended by the City Manager in the submitted report M&C 2021-
158: Non-Disclosure Agreement Between the City and Irving Pulp & Paper, Limited,
Torchlight Bioresources Inc., and Rathco Ltd:
1. The City of Saint John enter into a Non-Disclosure Agreement (“NDA”) between
the City Irving Pulp & Paper, Limited, (“IPPL”), TorchLight Bioresources Inc.
(“Torchlight”), and Rathco ENG Ltd. (“Rathco”) to ensure the confidentiality of
information to be disclosed by The City of Saint John, IPPL, Torchlight, and Rathco
in discussions amongst the foregoing pertaining to the possibility of a district
energy system ("DES"); and further that
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May 17, 2021 / le 17 mai 2021
2. the Mayor and City Clerk be authorized to execute NDAs in a form substantially
similar to the template agreement attached, in order to ensure the confidentiality
of information as may be disclosed between The City of Saint John and other
applicable parties in future discussions with such parties regarding a DES.
5.10 That as recommended by the City Manager in the submitted report M&C 2021-
159: Student Microsoft Licensing the City enter into an Agreement with Softchoice LP,
an Ontario limited partnership, to purchase Office 365 on the Microsoft Cloud Solution
Provider (“CSP”) Program in the form attached to M&C 2021-159; and that the Mayor
and City Clerk be authorized to execute the necessary contract documents.
5.11 That as recommended by the City Manager in the submitted report M&C 2021-
155: Strategic Real Estate Capital Reserve Fund:
BE IT RESOLVED that Common Council create a Strategic Real Estate Capital Reserve Fund,
and that this fund is established from $1,625,899 received from Develop Saint John as
part of its wind down on December 31, 2021;
FURTHER BE IT RESOLVED that this fund be restricted for strategic real estate
development opportunities in the City of Saint John, and that the City Manager be
directed to return to Council with a policy on the parameters for spending from this fund.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Proclamations
6.1 Disability Awareness Week – May 30 to June 5, 2021
The Mayor proclaimed May 30 - June 5, 2021 Disability Awareness Week in the City of
Saint John.
7. Consideration of Issues Separated from Consent Agenda
8. Committee of the Whole
8.1 Letter of Intent – LBR
Moved by Councillor MacKenzie, seconded by Councillor Reardon:
RESOLVED that the City enter into a Letter of Intent with the Board of Trustees of the Lord
Beaverbrook Rink at Saint John, Inc. for the purpose of adopting a License Agreement to
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May 17, 2021 / le 17 mai 2021
access the Peter Murray Arena in the form attached to M&C No. 2021-156; and that the
Mayor and City Clerk be authorized to execute the necessary documents.
MOTION CARRIED.
9. Members Comments
Moved by Councillor MacKenzie, seconded by Councillor Reardon:
RESOLVED that the Procedural Bylaw rules regarding speaking time limits be suspended
to allow Council Members to speak longer than 3 minutes.
MOTION CARRIED.
Council Members commented on their term as elected officials on Common Council
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coming to an end May 25 passing on the torch to a newly elected council and gave
thanks to their family, colleagues, staff and the public for their support, contributions,
hard work and sacrifices.
10. Adjournment
Moved by Councillor Norton, seconded by Councillor Reardon:
RESOLVED that the meeting of Common Council held on May 17, 2021 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:16 p.m.
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