2009-12-21_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireSupplemental to Agenda
81(b) Presentation —Stone Hammer Geological Project
8.1(c) Memorandum of Understanding between City of Saint John and Saint John Waterfront
Development Corporation
13.1 Committee of the Whole: Recommended Appointment to Committees
13.2 Committee of the Whole: Harbour Clean Up Land Acquisition
13.3 Committee of the Whole: Recommended Settlement of Grievance
City of Saint John
Seance du Conseil communal
Le lundi 21 decembre 2009
Lieu : Salle du Conseil communal
Ordre du jour supplementaire
8.1(b) Presentation — Projet geologique Stonehammer
8.1(c) Protocole d'entente entre The City of Saint John et Saint John Waterfront Development
Corporation
13.1 Comite plenier : Recommandation de nomination pour sieger auz comites
13.2 Comite plenier : Acquisition fonciere dans le cadre du nettoyage du port
13.3 Comite plenier : Recommandation de reglement d'un grief
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Between
City of Saint John
And
Saint John Waterfront Development Corporation
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of this XX day of October,
2009 (Effective Date) between City of Saint John (CSJ) and Saint John Waterfront Development
(SJWD), custodian of the Geopark project. Whereas, CSJ desires to be a stakeholder with SJWD
as it relates to the Stonehammer Geopark Project, CS] is committed to the project, more
specifically as described below.
Notes: "sites-"in this document include the following: Dominion Park, Rockwood Park,
Reversing Falls, and Harbour Passage
Saint John Waterfront Development (SJWD) will be the governing body of the Geopark Project
until such time the UNESCO designation is obtained. At that time, a not for profit corporation
will be formed to solely govem and operate the Geopark.
1. CSJ commits to ensuring that their respective sites are kept up and do not fall
into disrepair.
Disrepair for the purpose of this agreement refers to the sites being maintained to their original
intent with safety for the visitor and employee being the number one priority. For example,
broken stairs/ damaged signage, overflowing receptacle bins, unclean washrooms. It is a
requirement that items such as these are rectified in a timely manner. CSJ is required to
conduct monthly maintenance inspections of the sites.
At minimum, a preseason inspection of sites will be conducted by a SJWD designate, custodian
of the Geopark project, and the CSJ.
Non compliance will automatically remove the site from the Geopark partnership.
2. CSJ will adhere to the Provincial Acts of Preservation
All stakeholders will adhere to the appropriate Provincial legislation that relates to the
preservation of fossils.
Non compliance will automatically remove the site from the Geopark partnership.
3. CSJ has a willingness to incorporate Geopark signage at the sites if and when the
UNESCO Geopark designation is obtained
Once the UNESCO designation is obtained, there will be a need to brand the sites as a node of
the Geopark. Signage will be one part of the branding strategy and each stakeholder will be
required to cover the cost of 1 one sign at each site. Approximate cost is estimated at $1000
per site. The signage will be coordinated through the governing body to ensure consistency.
4. Adhering to the operating principles of the Geopark
The operating principles of the Geopark will be as follows:
a) Adhere to the standards of the Global Geoparks Network supported by UNESCO
b) Proper use of 'logos, tag lines, and all marketing materials
c) Ensure product is delivered in a professional manner
d) Ensure product is delivered accurately
e) Encourage partnership amongst the different nodes
f) Encourage economic development
g) Encourage local participation and or awareness
h) Encourage environmental practices at sites
The governing body will ensure proper communication, governance, compliance, training, and
evaluation for each site of the Geopark,
A biannual review will be conducted to ensure all stakeholders are compliant with the operating
principles. Should there be areas identified as non compliant, the stakeholder will have a period
of three (3) months to resolve the identified issues. If after three (3) months the issues have
not been addressed the stakeholder will be removed from the Geopark partnership.
Either party may at any time with Six (6) months notice withdraw from this
agreement.
The parties below, as legal representatives of the companies of CSJ and SJWD have
executed this agreement (MOU) effective as of the issue date indicated in the first
paragraph above.
(Signature)
City of Saint John
(Signature)
Saint John Waterfront
Development
(Printed Name)
(Printed Name)
(Title)
(Title)
13.1 Committee of the Whole: Recommended Appointment to Committees
RESOLVED that the Committee of the Whole, having met
on December 21, 2009, makes the following appointments to committees:
Saint John 225 Committee: To appoint the following individuals until a final report is submitted
to Council: Peter Buckland, Christiane Vaillancourt, David Adams, Kate Barnett, Tzigane
Caddell, Cynthia Goodwin, Christine Comeau, Janet Scott, Ian Stead, Michael Wennberg, and
the following City of Saint John Staff members as non-voting, ex officio participants- Scott
Brittain, Bernard Cormier, Nancy Moar, Greg Yeomans and Pat Woods.
Municipal Plan Citizens' Advisory Committee: To appoint Councillors Killen and McGuire
until the end of their terms on Council, and the following individuals for a three year term ending
December 21, 2012 or until the Municipal Plan process is complete: Mochtaria Benhatchi,
Shawn Peterson, Derek Mitchell, Dave Drinnan, Barry Harbinson, Anne McShane, Jennifer
Nicholls, Sara Mudge and Mary Lou Price.
Enterprise Saint John: to appoint Tim Vickers for a three year term from December 21, 2009
to December 21, 2012.
Heritage Development Board. to appoint .,,)epnifer Butler and Murray Littlejohn for a three year
term from December 21, 2009 to December 21, 2012.
Saint John Substandard Appeals Committee: To appoint Cheryl Johnson as Vice Chair until
the end of her current term, and to appoint Stephen Horgan for a two year term from December
21, 2009 to December 21, 2011.
nay.
Question being taken, the motion was carried with Deputy Mayor Chase voting
A
13.2 Committee of the Whole: Harbour Clean up Land Acquisition
RESOLVED that as recommended by the Committee of the Whole, having met on December
21, 2009, Council approve the following:
1. That The City of Saint John enter into the Memorandum of Agreement with J.D. Irving,
Limited et al to acquire the necessary real property rights in and through lands designated:
i) Universal Sales, Limited (USL) — PID 00018994, PID 00019042, and a portion of
Marsh Creek, and,
ii) J.D. Irving, Limited (JDI) - Thorne Ave. — PID 55190821 and PID 55164149, and,
iii) Voyageur Properties Limited (VPL) — PID 00419101, and,
iv) J.D. Irving, Limited (JDI) — Red Head Rd., North Site — PID 55114284, and,
v) J.D. Irving, Limited — Red Head Rd., South Site — PID 55114300,
for the sum of $196,687.00 with Option 1, or $197,917.00 with Option 2, and upon the terms
and conditions contained in the said Memorandum of Agreement; and,
2. That:
i) The City of Saint John pursuant to Section 187(6) of the Municipalities Act (a)
authorize the publication of a notice of its intention to consider the passing of a by-law to stop up
and close that portion of Marsh Street comprising approximately 1,558 square metres shown
cross-hatched in red on sketch 3b submitted; and (b) fixing a time and place for the
consideration of objections to the proposed by-law. In the event that the aforesaid portion of
Marsh Street is stopped up and closed the City convey same to Universal Sales Limited for the
sum of $37,532.00 + (HST if applicable), subject to the reservation of a municipal services
easement; and,
ii) Provided Universal Sales Limited has acquired the lands outlined in yellow on
Sketch 6 of the Memorandum of Agreement and its cost conveyed same to the City; the City
pursuant to Section 187(6) of the Municipalities Act (a) authorizes the publication of a notice of
its intention to consider the passing of a by-Ipw (to -stop u and close Kimball Street and any other
street that may be the subject of this ppragraph;",and (b) fixing a time and place for the
consideration of objections to the proposed by-law. In the event that Kimball Street is stopped
up and closed, the City will convey same to Universal Sales Limited. Compensation will be fair
market value at the time of closing.
3. That the Mayor and Common Clerk be authorized to sign all necessary documentation,
December 16, 2009
Deputy Mayor and Councillors,
Subject: Recommended Settlement of Grievance
The Committee of the Whole, having met on December 14, 2009, makes the
following recommendation:
RESOLVED that a payment of $85,000 be made to Mr. Keith Rowe as full and final
settlement of Grievance No. 03-10-06 challenging the termination of Mr. Rowe's
employment with The City of Saint John in exchange for a withdrawal of Grievance No,
03-10-06 and Mr. Rowe's signing of a comprehensive release respecting any and all
claims that he now has or may have in the future respecting his past employment with
The City of Saint John.
Sincerely,
Ivan ,, Court
Mayor
(PO-1
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21L 41-1 1 wwwsaintiohn.ca C-P 1971 Saint John, N.-B. Canada E2L 4LI