2008-02-18_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, February 18, 2008
Supplemental Agenda
3.1 Appointment of Commissioner of Planning and Development
Re: 5.7 License Agreement 154 -156 King Street East
Re 8.1 Lily Lake Pavilion Presentation
City of Saint John
Seance du conseil communal
Le lundi 18 fevrier 2008
Ordre du jour supplementaire
3.1 Nomination du commissaire a I'urbanisme et au developpement
Alinea 5.7 contrat de licence presente 154 -156 rue King Est
Alinea 8.1 Presentation de Lily Lake Pavilion
REPORT M.
FEBRUARY 18,2008
The City of Saint John
FROM COMMITTEE OF THE WHOLE, MONDAY, FEBRUARY 18, 2008
"That as recommended by the City Manager, Council sitting as Committee, hereby recommends
to Common Council, that Common Council appoints Mr. Kenneth Forrest to the position of
Commissioner of Planning and Development Services effective June 1, 2008, as per the following
terms and conditions;
His annual salary will be set at Management Group 8 Step 1: $105,315. Given his
experience in this field, his salary will be adjusted to Step 2 on January 1, 2009. Each
January I" thereafter, his salary will be adjusted to the next step on the management pay
scale as approved by Council for that year, provided that the City Manager has concluded
that he is satisfactorily meeting the expectations of the position.
• He will be provided a vehicle allowance of $250.00 per month.
His vacation entitlement will be five weeks beginning in 2009 and each year thereafter.
In addition to this vacation entitlement, he will accumulate an additional one week of
vacation time for each year of service for the first five years of service. This additional
vacation cannot be used until he has completed five full years of service, nor will he be
paid for this additional vacation should he leave before the completion of five full years
of service. After five full years, the additional one week of vacation will be added to his
regular vacation entitlement and may be banked for a period not extending beyond five
years. His 2008 vacation entitlement will be pro -rated based on 2.08 days of vacation for
each month of service in 2008.
• Expenses will be paid for a minimum of two work related conferences per year,
beginning immediately upon the commencement of employment.
• He and his family will be provided with a house hunting trip to Saint John of four to five
days duration.
• Moving expenses will be provided (excluding legal and real estate fees) subject to his
remaining with the City of Saint John for a minimum of 18 months. Should he leave the
employ of the City after 12 months, but before the 18 months, then he will be responsible
to repay a portion of these moving costs based on the number of months remaining
divided by 18.
Page Two
Commissioner of Planning: City of Saint John
• In the event that he and his family are unable to find suitable accommodations prior to his
start date, the City will agree to provide temporary housing costs to a maximum of 60
days.
• He will serve a twelve month probation period during which it shall be the responsibility
of the City Manager to meet with him monthly and to advise him of any particular
concerns that he might have with respect to his performance.
• Entrance into the City of Saint John Pension Plan is a condition of employment. The
effective date of his appointment is to be no later than June 1, 2008, however, every
reasonable effort will be made to put the appointment into effect on May 1, 2008 so as to
allow for an orderly transition.
• All other benefits (health, dental, professional dues, life insurance, etc.) are to become
effective on the day of appointment.
Saint John Common Council Approves new Commissioner of Planning and Development
Services
Ken Forrest, ACP MCIP, will begin his role in June, 2008
Saint John, New Brunswick — February 18th, 2008 — The City of Saint John has chosen a new
Commissioner of Planning and Development. Ken Forrest will begin his role in June, 2008,
taking over for retiring city commissioner Jim Baird. Saint John Common Council formally
approved his appointment during Monday's open session meeting.
"We're pleased to announce the appointment of Ken Forrest. While he's a native of Alberta, Ken
has a volume of experience working in New Brunswick. We're more than happy to welcome him
back to his adopted home," says Saint John Mayor Norm McFarlane. "He brings to the City
experience from a number of communities. His perspective will be a great asset to this
community as we continue to live our vision for this city."
Forrest currently resides in Alberta, where he manages the Municipal Planning Division for a
municipal service agency which provides planning expertise to more than 30 municipalities and
private clients in Central Alberta and beyond. Forrest has over 15 years of planning experience,
and has worked in the development of statutory plans and land use bylaws, public consultation,
subdivision and development control, and a wide range of other policy projects. Prior to his
position in Alberta, Forrest occupied a number of planning positions with the City of Fredericton,
including Manager of Planning and Development.
Forrest holds a Bachelor of Arts with Honours in Political Science from the University of Alberta
and a Masters of Urban and Rural Planning from Dalhousie University. Forrest has also obtained
training in transportation planning and engineering from the University of New Brunswick.
Forrest is a leader in achieving results through collaboration with colleagues, political officials,
private sector partners and the community. He has comprehensive experience with policy
development, and a unique multi - disciplinary background.
Forrest has experience in developing municipal development plans, and conducting
comprehensive land -use bylaw reviews. He has a strong sense of the importance of updating
Saint John's municipal plan, and the need to engage the community in this process through
community consultation.
Forrest will be more formally introduced to the Citizens of Saint John when he and his family
arrive to begin his role.
Current Planning Commissioner Jim Baird will retire on May 28, 2008 after 28 years of excellent
service with the City of Saint John.
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For more information please contact, Andrew Beckett, Deputy City Manager 506 - 658 -2905.
PID #9753
THIS AGREEMENT made this day of , 2008.
BETWEEN:
JON GORDON MACQUEEN, of 154 -156 King
Street East, Saint John, New Brunswick, E2L 1H1,
and LANA LEE IRISH, of the same place,
hereinafter called the "Owners"
OF THE FIRST PART
-and-
THE CITY OF SAINT JOHN, having its City
Hall at 15 Market Square, P. O. Box 1971, Saint
John, New Brunswick, E2L 4L1, a body corporate
by Royal Charter, confirmed and amended by Acts
of the Legislative Assembly of the Province of New
Brunswick, hereinafter called the "City"
OF THE SECOND PART
WHEREAS the Owners own a multi -unit dwelling known by the civic
number 154 -156 King Street East, Saint John, New Brunswick, hereinafter called
the "Multi -Unit Dwelling" situate at the intersection of the southern side of King
Street East with the western side of Carmarthen Street; and
WHEREAS the Owners want to construct a fire exit staircase hereinafter
called the "Fire Exit Staircase" on the northern exterior wall of the Multi -Unit
Dwelling to exit upon King Street East; and
WHEREAS the City, by resolution adopted by Common Council meeting
2008, permits the construction of the Fire Exit Staircase upon
certain terms and conditions;
THIS AGREEMENT WITNESSETH that in consideration for the
premises, the terms, covenants and conditions herein set forth and the sum of One
Dollar ($1.00) now paid by each of the parties hereto to the other (the receipt and
sufficiency whereof is hereby respectively acknowledged), the Owners and the
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City covenant and agree with each other, subject to the terms and conditions
hereinafter set out, that the Owners may construct a Fire Exit Staircase on the
northern exterior wall of the Multi -Unit Dwelling to exit upon King Street East,
provided that the said Fire Exit Staircase shall not interfere with or detrimentally
affect the normal use and enjoyment of King Street East.
1. Prior to construction the Owners shall submit plans for the Fire Exit
Staircase satisfactory to the Building Inspector of the City of Saint John. Such
plans shall include but not be limited to location, detailed construction and height.
2. The Owners shall pay for all costs associated with the construction of the
Fire Exit Staircase.
3. The Owners shall for and at all times be the owners of the Fire Exit
Staircase.
4. The Owners shall at all times maintain the Fire Exit Staircase in good
repair and shall pay all costs incurred and arising therefrom.
5. The City shall not be liable in any manner whatsoever for any damage to,
or any loss, theft or destruction of, any property, or the death or injury of any
person, in or about the Fire Exit Staircase which may result at any time from any
cause whatsoever, and whether direct, indirect or consequential, unless directly
occasioned by the negligence or other tortuous act of the City, its employees,
servants or agents.
6. The Owners shall, at their sole cost, obtain and keep in force during the
term of this Agreement, commercial general liability insurance for bodily injury
and property damage, which coverage shall have an inclusive limit of not less
than One Million ($1,000,000.00) Dollars and shall include the following:
a) the City as an "additional insured"
b) a cross - liability clause
c) contractual liability with regard to this Agreement
7. The Owners shall deliver to the City, within thirty (30) days of the
execution of this Agreement and thereafter annually on or before January 15`x' in
each and every year during the term hereof, a Certificate of Insurance evidencing
the insurance coverage described in the above clause herein and providing that the
coverage shall not be altered or cancelled without the insurers giving thirty (30)
days notice in writing to the City prior to any such alteration or cancellation.
.3-
8. The Owners shall save harmless and indemnify the City from and against
all loss, damage or injury of every nature, kind or description whatsoever in
respect of property owned by others or in respect of damage sustained by others
whether caused by the presence of the said Fire Exit Staircase or its use, and from
all damages, claims, demands, actions, suits and other proceedings by
whomsoever made, brought or prosecuted in any manner based upon or arising
out of or connected with the Fire Exit Staircase, unless such loss, damage or
injury or such claims, demands, actions, suits or other proceedings are due to the
negligence of the City or its servants, agents or employees.
9. The City shall have the right to restrict or prohibit the use and enjoyment
of the Fire Exit Staircase at any time that the City, at its sole discretions,
determines that there exists, or is likely to exist, an emergency or threatening
circumstance wherein damage to the person or property exists, may exist or may
possibly arise, for such time as may be reasonable in light of the prevailing
circumstances.
10.(1) The City may at its option and in its sole discretion terminate this
Agreement:
a) upon the City's determination that the Fire Exit Staircase
interferes with the public's use of King Street East;
b) upon any violation, breach, default, non - observance or non-
performance by the Owners of any of the terms and conditions
herein;
C) upon the Owners' failure to maintain and keep in good
repair the Fire Exit Staircase.
10.(2) In the event that the City terminates this Agreement, the apartment /rental
unit serviced by the Fire Exit Staircase shall be immediately vacated and not re -let
until the Owners have satisfied the requirements of and are in compliance with the
provisions of the Minimum Property Standards By -Law.
11. In any event either party may terminate this Agreement upon sixty (60)
days written notice one to the other.
12. Upon termination of the Agreement the Owners shall forthwith and at the
discretion of the City, remove the Fire Exit Staircase. Failure by the Owners to so
remove the Fire Exit Staircase shall permit the City at the account of the Owners,
to remove the Fire Exit Staircase and the Owners shall have no recourse against
the City.
13. Any notice given to the City by the Owners shall be given in writing and
delivered personally or by prepaid registered mail or by telecopy addressed to the
City at the following address:
The City of Saint John
15 Market Square
P. O. Box 1971
Saint John, NB E2L 4L1
Attention: The Common Clerk
Any notice given to the Owners by the City shall be given in writing and
delivered personally or by prepaid registered mail or by telecopy addressed to the
Owners at the following address:
154 -156 King Street East
Saint John, NB E2L 1H1
Any notice shall be deemed to be received at the time of delivery
personally, on the fifth (5th) day after mailing if mailed, on the day of
transmission if sent by telecopy prior to 3:00 p.m. on a business day and, if not,
then on the next business day. A party may change its address or other details
respecting service by given notice of the same as provided herein.
Notwithstanding any other provision of this Agreement, nothing herein
shall be construed in any manner as a conveyance by the City of its rights and
interests in the fee simple of the lands and premises upon which the Fire Exit
Staircase is located.
IN WITNESS WHEREOF the parties hereto have caused these presents to
be executed the day and year first above written.
SIGNED, SEALED & DELIVERED)
JON GORDON MACQUEEN
LANA LEE IRISH
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THE CITY OF SAINT JOHN
N.M. McFarlane, Mayor
J. Patrick Woods, Common Clerk
Common Council Resolution:
February 18, 2008.
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