2013-06-03_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, June 3, 2013
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plaii utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le
bureau de la greffiere communale au 658 -2862.
Pages
1.
Call to Order - Prayer
2.
Approval of Minutes
3.
Approval of Agenda
4.
Disclosures of Conflict of Interest
5.
Consent Agenda
5.1 Proposed Public Hearing Date 221 Loch Lomond Road (Recommendation in
1 - 1
Report)
5.2 Easement Acquisitions for Municipal Storm Sewer Lines Civic #421 and #429
2-12
Dwyer Road (Recommendation in Report)
5.3 Microsoft Business and Services Agreement (Recommendation in Report)
13-15
5.3.1 Microsoft Volume Licensing Agreement
16-50
6.
Members Comments
7.
Proclamation
7.1 National Health and Fitness Day - June 1, 2013
51 -51
Powered By: S' � i)E-
1
L-11
0
10
11
12
13
Delegations / Presentations
8.1 Presentation: Skate Canada International 2013
52-63
Public Hearings
9.1 Proposed Municipal Plan & Zoning ByLaw Amendments - Lorneville Harbour
64-66
9.1.1 Planning Advisory Committee Recommending Municipal Plan
67-84
Amendment and Rezoning
9.2 Proposed Zoning ByLaw Amendment - Keeping of Chickens as a Secondary
85-88
Use
9.2.1 Planning Advisory Committee report Recommending Keeping of Urban
89-109
Chickens Bylaw Amendment (Tabled on March 11, 2013)
9.2.2 Letters of Support
110-129
9.3 Proposed Municipal Plan & Zoning ByLaw Amendments - 700 Millidge Ave
130-132
9.3.1 Planning Advisory Committee Recommending Municipal Plan
133-221
Amendment and Rezoning
9.3.2 Letters of Opposition Proposed Municipal Plan Amendment 700
222-234
Millidge Ave
Consideration of By -laws
Submissions by Council Members
11.1 Mountain View Drive Sidewalk (Councillor Strowbridge)
235-235
Business Matters - Municipal Officers
12.1 Award of Proposal 2013- 424001 P, Live -Fire Emergency Services Training
236-247
Facility
12.2 Public Information Session Milford Sewer Separation - Phase II
248-250
12.3 Lifeguard Services - City Beaches Clarification of Contract Terms
251 -278
Committee Reports
13.1 Planning Advisory Committee: Street Vesting 40 & 42 Loch Lomond Rd
279-285
13.2 Heritage Development Board: Kings' Square Bandstand
286-286
2
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Contract 2013 -10: Honeysuckle / Sherbrooke Drainage Basin Storm Sewer 287-289
Improvements Phase I
16.2 Simonds High School: Bronze Duke of Edinburgh Certificate Presentation 290-290
17. Committee of the Whole
17.1 Committee of the Whole: Expropriation for Portion of Civic #1905 Hickey Road 291 -292
Safe, Clean Drinking Water Program
18. Adjournment
3
City of Saint John
Common Council Meeting
Monday, June 3, 2013
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une rdunion de Conseil Communal, veuillez
contacter le bureau de la greffiere communale au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of section 10 of the Municipalities Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:30 p.m. Sth Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)(d)
1.2 Land Matter 10.2(4)(d)
1.3 Financial Matter 10.2(4)(c)
1.4 Legal and Financial Matter 10.2(4)(c,f)
1.5 Legal Matter 10.2(4)(f)
1.6 Financial Matter 10.2(4)(c)
1.7 Personal Matter 10.2(4)(b)
4
The City of Saint John
Seance du conseil communal
Le lundi 3 juin 2013
Salle du conseil, 18 h
Comite pl6nier
1.Ouverture de la seance
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi&c communale au 658 -2862.
Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions pr&vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des d6cisions a cet &gard au cours de la seance publique
16 h 30 — Salle de conference, 8e etage, h6tel de ville
1.1 Approbation du proc&s- verbal — paragraphe 10.2(4)
1.2 Question relative aux biens -fonds — alin&a 10.2(4)d)
1.3 Question financiere — alin&a 10.2(4)c)
1.4 Question juridique et question financiere — alin6as 10.2(4)c) et f)
1.5 Question juridique — alin&a 10.2(4)/)
1.6 Question financiere — alin&a 10.2(4)c)
1.7 Question relative an personnel — alin&a 10.2(4)b)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
2. Approbation du proces- verbal
3. Adoption de Pordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a 1'approbation du conseil
5.1 Date pr6vue pour la tenue d'une audience publique concernant le 221,
chemin Loch Lomond (recommandation figurant au rapport)
5.2 Acquisition de servitudes relatives au r6seau municipal d'&gout pluvial
visant les 421 et 429, chemin Dwyer (recommandation figurant au rapport)
5.3 Entente commerciale et de services Microsoft (recommandation figurant
au rapport)
5.3.1 Entente relative d 1'achat de licences en volume de Microsoft
6. Commentaires presentes par les membres
7. Proclamation
7.1 Journee nationale de la sante et de la condition physique — lei juin 2013
8. Delegations et presentations
8.1 Presentation : Intemationaux de Patinage Canada 2013
9. Audiences publiques
9.1 Proposition de modifications du plan municipal et de 1'Arrete de zonage —
Port de Lorneville
9. 1.1 Comite consultatif d'urbanisme recommandant la modification du
plan municipal et le rezonage
9.2 Projet de modification de 1'Arret& de zonage visant 1'elevage de poulets en
tant qu'usage secondaire
9.2.1 Rapport du Comite consultatif d'urbanisme recommandant la
modification de 1'Arrete de zonage concernant 1'e1evage de poulets
en zone urbaine (point report& lors de la reunion du 11 mars 2013)
9.2.2 Lettres d'appui
9.3 Proposition de modifications du plan municipal et de 1'Arrete de zonage —
700, avenue Millidge
9.3.1 Comite consultatif d'urbanisme recommandant la modification du
plan municipal et le rezonage
9.3.2 Lettre d'objection au projet de modification du plan municipal
relatif au 700, avenue Millidge
10. Etude des arretes municipaux
11. Interventions des membres du conseil
11.1 Trottoir de la promenade Mountain View (conseiller Strowbridge)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Offre d'appel relatif au n° 2013- 424001P— Centre de formation des
Services de tir reel d'urgence
12.2 Seance informative publique relative d la separation des &gouts pluviaux
de Milford — Phase II
12.3 Services de sauvetage — Clarification des clauses contractuelles relatives
aux plages municipales
13. Rapports deposes par les comit6s
13.1 Comit6 consultatif d'urbanisme : d6volution de terrains a titre de rue visant
les 40 et 42, chemin Loch Lomond
13.2 Conseil d'am&nagement du patrimoine : pavillon de musique
au King's Square
14. Etude des sujets &art& des questions soumises a 1'approbation du conseil
15. Correspondance g6n6rale
16. Ordre du jour suppl6mentaire
16.1 Contrat ri 2013 -10 : Modernisation du r6seau d'&gout pluvial du Bassin
versant du secteur Honeysuckle- Sherbrooke — Phase I
16.2 Ecole secondaire Simonds : Pr6sentation relative au Prix du
Duc d'Edimbourg pour niveau bronze
17. Comit6 pl6nier
17.1 Comit6 pl6nier : Expropriation d'une parcelle situ6e au 1905,
chemin Hickey dans le cadre du Programme sur la salubrit6 et propret& de
1'eau potable
18. C16ture de la s6ance
li \_ � �' �*Li � !, r��'�..1 ��. �� i ;' i.J N (C IL
M &C -2013 - 106
May 27, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Public Hearing Date
221 Loch Lomond Road
BACKGROUND:
R[
City of Saint John
As provided in Common Council's resolution of August 3, 2004, this report indicates
the rezoning and Section 39 amendment applications received and recommends an
appropriate public hearing date.
Details of the applications are available in the Common Clerk's office and will form
part of the documentation presented at the public hearings.
The following application has been received.
Name of Location Existing Proposed Reason
Applicant Zone Zone
Kathleen 221 Loch Lomond 64R -2" 44B -1" To permit a
Bolger -Cole Road business office
RECOMMENDATION:
That Common Council schedule the public hearing for the rezoning application of
Kathleen Bolger -Cole (221 Loch Lomond Road) for Tuesday, July 2, 2013 at 6:30
p.m. in the Council Chamber, and refer the application to the Planning Advisory
Committee for a report and recommendation.
Respectfully submitted,
l
Amy Poffenro
Acting Commissioner
IJ.trnick Woods, CGA
anager
T 0 T p� 7 CI
M & C — 2013 -105
June 3, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Easement Acquisitions for Municipal Storm Sewer Lines
Civic #421 and #429 Dwyer Road
BACKGROUND:
n n.
City of Saint John
As part of the City's ongoing Capital Budget, Municipal Operations has targeted a
number of new and replacement of existing storm sewer pipes that are to be
installed in the Milford area. The Milford sanitary system is overburdened with
combined storm and sanitary sewer. This project will assist in splitting the
combined sewers into separate pipe lines, therefore reducing the flooding in this
area. Construction work is expected to occur on Balmoral Crescent and Dwyer
Road this summer, as well as on Milford Road between Williams and Greenhead
Road.
The easement sketches attached show required easements in a location where
there is an existing storm sewer outfall proposed to be replaced. There does not
appear to be a formalized easement where this existing pipe is situated. Staff
wants to formalize the required easements prior to commencement of the work to
replace the pipe.
The following recommendation will secure the necessary easements over the
subject properties.
RECOMMENDATION:
1. That The City of Saint John acquire an Easement for Municipal Services
in and through the lands at civic #421 and civic 4429 Dwyer Road, as per
the attached Agreements of Purchase and Sale, and as illustrated on the
attached Easement Sketch, titled "Milford Drainage Basin Stormwater
System Improvements "; and
2
M &C --2013 -105 -2- June 3, 2013
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
Respectfully submitted,
Curtis Langille, A
Real Estate Of cer
elf-
Cathy Gr , CGA
Acting Commissioner
Finance and Administrative Services
Attachments
CL/c
3
Brian Irving,
ck Woods, CG6 A
Manager
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Printed: 05/27/13 9:42:51 AM
AGREEMENT OF PURCHASE AND SALE
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an
easement for municipal services in and through the Vendor's land bearing PID# 00406645, also known
as civic #421 Dwyer Road as hereinafter set out upon the following terms and conditions:
Vendor: Janet Lint and Philip Lint
421 Dwyer Road
Saint John, NB
E2M 4T6
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB, E2L 41-1
Attention: Common Clerk
Premises: 1) An Easement for Municipal Services in and through a parcel of land identified as PID #
00406645 (civic address 421 Dwyer Road), comprising 87 square metres +/- as shown on
a sketch titled "Milford Drainage Basin Stormwater System Improvements" prepared by
Genivar and dated Dec. 19, 2012, hereinafter being collectively called the "Lands "), a
photo- reduced copy of said drawing is attached hereto as Schedule "A"
Purchase Price: $ 1.00+ HST if applicable
Closing Date: On or before August 31, 2013
1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense
of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Lands with
machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair
underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works
including all related works appurtenant thereto, promptly restoring as far as is practical the surface of
the Lands to the same conditions as it was prior to the commencement of the work or excavation,
together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs,
executor, administrators, successors and assigns of such Vendor from erecting or locating on the Lands
any building, structure or other obstacle which could impair the free and full use of the easement or
permitting the erection or location thereon of any such building, structure or other obstacle.
2. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance
herein contemplated; and
(ii) The Purchaser shall reimburse the Vendor up to $500.00 plus H,S.T. (if applicable) for legal fees
expended by the Vendor to finalize this conveyance; and
1
5
Agreement of Purchase and Sale
Janet and Philip Lint and The City of Saint John
(iii) The Purchaser shall pay for all administration (including appraisal) fees required by the
mortgagee (if applicable) to postpone the mortgage, and
(iv) The Purchaser shall pay for registration and filing fees at SNB for the plan, Grant of Easement
and Postponement.
3. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on May 31, 2013 and upon
acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the
parties hereto.
4. The Purchaser, by its authorized representatives, with such equipment as may be necessary, has a
right of access to, in and upon the parcel of land identified as PID #00406645 at any time provided such
right is exercised with as little disturbance as possible to the Vendor and does not unduly interfere with
the Vendor's use of the said parcel of land at such time and for such purposes hereinafter set out:
(a) The right of access is to allow the Purchaser to make improvements to the City of Saint John
storm sewerage system;
(b) The right of access to, in and upon PID #00406645 shall terminate at 11:59 p.m., local time, on the
Closing Date;
(c) Any entry to, in and upon the Real Property shall require prior notice to the Vendor. The
Purchaser will advise the Vendor when the project is tendered and again when it is awarded. The
Purchaser will give the Vendor a work schedule two weeks in advance and will endeavor to minimize
the impact on the Vendor. The duration of the excavation, installation of piping, and refilling of the
excavation will take approximately two (2) weeks to complete on the Lands. Landscaped areas
disturbed will be re- instated as soon as practical following completion of the project. The removal of
an existing mature tree and shrub located within the easement area will be replaced with other
similar vegetation.
(d) The Purchaser, for itself and its authorized representatives, hereby indemnifies and saves
harmless the Vendor from and against all matters arising by reason of the exercise by the Purchaser
or by its authorized representatives of the rights given by this right of access.
5. The Vendor shall remove and /or relocate an existing shed and above ground oil tank, prior to
commencement of construction of a new storm sewer pipe so as not to interfere with the easement for
municipal services, as noted on an attached sketch.
6. This Agreement shall be binding upon the parties hereto, their respective heirs, executors,
administrators, successors and assigns.
A
2
Agreement of Purchase and Safe
Janet and Philip Lint and The City of saint John
IN WITNESS WHEREOF the Vendor has caused these presents to be executed this /jo 7*—da y of May,
2013.
Janji/int /
hilip Lint
AND the Purchaser has caused these presents to be executed this day of 2013.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
7
EMS: EASEMENT FOR MUNICIPAL SERVICES
MILFORD DRAINAGE BASIN STORMWATER SYSTEM
IMPROVEMENTS
PROPOSED EASEMENT SKETCH
421 DWYER ROAD
METRES 9M GENIVAR
10 8 6 4 2 0 10 20 30 40
660 MAIN STREET, HILYARD PLACE
SAINT JOHN. NEW BRUNSWICK
CANADA, E-'*( US
SCALE 1:500
PHONE; 306 6346719 - FAX; 56 698.6016
W Ww.CFNNAR.r0M
DRAWN: JDC JOB No.: SJ10094 1 SCALE: 1:50 1 DATE: DEC. 19, 2D12 1 SKETCH No.:
AGREEMENT OF PURCHASE AND SALE
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an
easement for municipal services in and through the Vendor's land bearing PID# 00406611, also known
as civic #429 Dwyer Road as hereinafter set out upon the following terms and conditions:
Vendor: Katherine E. Fulton
429 Dwyer Road
Saint John, NB
E2M 4T6
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB, E2L 4L1
Attention: Common Clerk
Premises: 1) An Easement for Municipal Services in and through a parcel of land identified as PID #
00406611 (civic address 429 Dwyer Road), comprising 139 square metres +/- as shown
on a sketch titled "Milford Drainage Basin Stormwater System Improvements" prepared
by Genivar and dated Dec. 19, 2012, hereinafter being collectively called the "Lands "), a
photo - reduced copy of said drawing is attached hereto as Schedule "A ".
Purchase Price: $1.00+ HST if applicable
Closing Date: On or before August 31, 2013
1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense
of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Lands with
machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair
underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works
including all related works appurtenant thereto, promptly restoring as far as is practical the surface of
the Lands to the same conditions as it was prior to the commencement of the work or excavation,
together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs,
executor, administrators, successors and assigns of such Vendor from erecting or locating on the Lands
any building, structure or other obstacle which could impair the free and full use of the easement or
permitting the erection or location thereon of any such building, structure or other obstacle.
2. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance
herein contemplated; and
(ii) The Purchaser shall reimburse the Vendor up to $500.00 plus H.S.T. (if applicable) for legal fees
expended by the Vendor to finalize this conveyance; and
1
9
Agreement of Purchase and Sale
Katherine Fulton and The City of Saint John
(iii) The Purchaser shall pay for all administration (including appraisal) fees required by the
mortgagee (if applicable) to postpone the mortgage, and
(iv) The Purchaser shall pay for registration and filing fees at SNB for the plan, Grant of Easement
and Postponement.
3. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on May 31, 2013 and upon
acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the
parties hereto.
4. The Purchaser, by its authorized representatives, with such equipment as may be necessary, has a
right of access to, in and upon the parcel of land identified as PID #00406611 at any time provided such
right is exercised with as little disturbance as possible to the Vendor and does not unduly interfere with
the Vendor's use of the said parcel of land at such time and for such purposes hereinafter set out:
(a) The right of access is to allow the Purchaser to make improvements to the City of Saint John
storm sewerage system;
(b) The right of access to, in and upon PID #00406611 shall terminate at 11:59 p.m., local time, on the
Closing Date;
(c) Any entry to, in and upon the Real Property shall require prior notice to the Vendor. The
Purchaser will advise the Vendor when the project is tendered and again when it is awarded. The
Purchaser will give the Vendor a work schedule two weeks in advance and will endeavor to minimize
the impact on the Vendor. The duration of the excavation, installation of piping, and refilling of the
excavation will take approximately two (2) weeks to complete on the Lands. Landscaped areas
disturbed will be re- instated as soon as practical following completion of the project. The removal of
an existing mature tree located within the easement area will be replaced with other similar
vegetation.
(d) The Purchaser, for itself and its authorized representatives, hereby indemnifies and saves
harmless the Vendor from and against all matters arising by reason of the exercise by the Purchaser
or by its authorized representatives of the rights given by this right of access.
5. This Agreement shall be binding upon the parties hereto, their respective heirs, executors,
administrators, successors and assigns.
2
MIJ
Agreement of Purchase and Sale
Katherine Fulton and The City of Saint John
IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of May,
2013.
Katherine E. Fulton
AND the Purchaser has caused these presents to be executed this day of 2013.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
11
3
John River
MILFORD DRAINAGE BASIN STORMWATER SYSTEM
IMPROVEMENTS
PROPOSED EASEMENT SKETCH
429 DWYER ROAD
METRES
10 8 6 4 2 0 10 20 30 40
SCALE 1:500
DRAWN: I JOB No.: j SCALE: 1 2
JDC SJ1 oo" 1:500
M
GENIUAR
590
MAIN STREET, HILYARD PUCE
SAINT JOHN, NEW 5RIJN5WICK
CANADA, EV 1J8
PHONE: 508 &V -9719 - FAX 5D96938919
W W W.43ENIVAR.COM
DATE-
DEC, SKETCH No.:
DEC, 19, 2012 1 2
REPORT TO COMMON COUNCIL
i
May 27 "d, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors
SUBJECT: Microsoft Business and Services Agreement
Purpose
City of Saint John
The purpose of this report is to request authority for the City to enter into a Business and Services
agreement with Microsoft Corporation for software licenses, maintenance and support.
Background
The City uses a number of Microsoft software products. These include the Operating Systems (OS)
for 570+ desktop computers, laptops, tablets, the OS for 140+ servers, the Microsoft Office Suite
(Word, Excel, PowerPoint, etc.), application software for servers (e.g. email — Exchange, internal
web site service — SharePoint, databases — SQL). This software requires that the City purchase
maintenance and support to remain at the current version and be compliant.
In 2010 the City entered into a 3 year Business and Services Agreement with Microsoft for
Software Assurance. This agreement expired on May 1", 2013. In order to continue to use and
benefit from Microsoft software, the City is required to execute a Business and Services Agreement
with Microsoft.
Analysis
The price of the necessary software used by the City is based upon the total number of licenses
acquired, levels of usage and government status. According to current license utilization the City
qualifies for level D pricing, which affords the City substantial savings compared with similarly
sized organizations and is in line with pricing offered to the Province of New Brunswick.
The majority of the expenditure associated with the Business and Services Agreement is for
Software Assurance (SA) enrollment. Software Assurance (SA) enables the City to use the latest
version of software, take advantage of technology advancements available in version upgrades, and
provide training and support for staff. The SA also affords licenses for a training lab, staff online
13
training content and software, and gives Information Technology staff access to Microsoft Planning
Services. These services provide in -depth deployment planning expertise from qualified Microsoft
partners or Microsoft Services to help plan deployments or migrations.
A Software Assurance agreement can also help organizations manage and prepare for rate changes
by setting costs for a 3 year period. In December, 2012 Microsoft announced changes to its
licensing models and pricing. The licensing changes were made to reflect changes in technology (a
single server today can handle close to 10 times that of a server 4 years ago), high industry adoption
of virtualization and increasing non - Microsoft OS device access of corporate networks. The price
increases which ranged from 15% for desktop OS and access to 400% for Communication systems,
can be better managed through a fixed pricing agreement.
Information Technology service (IT) staff have spent the last months analyzing the City's current
Microsoft licensing status and the requirements over the coming 3 years, understanding the new
Microsoft's licensing models, and optimizing the City's licensing commitment. Despite these
efforts the City's licensing commitment for the next 3 years needs to increase by 11 % to $177,584 /
year for the next 3 years.
The cost increase is primarily attributable to the cost of licensing the database systems that enable
intelligent decision making in the City. The cost of Microsoft's database licenses has increased by
over $10,000 / year. However, server operating system licensing costs will remain largely
unchanged, increasing by less than $4,000 / year, even though the City's server count has increased
from 75 in 2010 to over 140 in 2013. This 86% increase with little additional licensing cost is the
result of IT strategic planning and investment in virtualization; a technology that is efficient, cost
effective, and enables IT to adapt to changing needs quickly.
Although the agreement is between the City and Microsoft directly, Microsoft requires that the
contract be brokered through a Large Account Reseller (LAR). The LAR is responsible for guiding
the City through the licensing models and assisting the City in establishing its licensing
requirements. Typically the City leverages the LAR chosen by the Province New Brunswick for its
Microsoft licensing agreements, and the Province selected Bell Aliant as its LAR in 2012.
Experience has demonstrated that in matters such as this that the market is limited and should the
City opt to stand alone and call a tender for bids that it can anticipate receiving only one offer (ie
from the company presently under contract to the Province). Furthermore, the pricing is set by
Microsoft and so all responses would be equal cost and there would be little to differentiate the
responses. It is for this reason that staff have recommended that Council waive the tender
requirement in favour of the alternative approach and select the Bell Aliant as its LAR.
14
Financial Implications
It is estimated that the City will expend approximately $177,584.36 per year. Funds are provided in
the Desktop Chargeback Fund and the increase cost will be included in the chargeback costs to
Service Areas in the 2014 Operating Budget.
Input from Other Service Areas
The City's Legal and Financial services have reviewed the contract and are supportive of the
recommendation.
Conclusion
It is recommended that Common Council authorize the enrollment into a Business and Services
Agreement with Microsoft Corporation for a period of 3 years.
Resolutions
1. That the City enter into a Business and Services Agreement with Microsoft
Corporation for the software used by the City.
2. That the Mayor and Clerk be authorized to execute the said agreement.
Respectfully submitted,
Brian Woods, M.Sc. Jacq eline Hamilton, MCIP, RPP
Information Technology, Manager Commissioner of Strategic Services
J. atrick WWoods, C.G.A.
y Manager
15
Of Microsoft
Program Signature Form
Volume Licensing
MBAIMBSA number 6- fiH5ZGW MQ
Agreement number
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active
number be indicated here, or listed below as new.
For the purposes of this form, "Customer' can mean the signing entity, Enrolled Affiliate, Government
Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between the
Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Document Contract
Microsoft Business and Sery ices A reement
X20 -03002
Enter rise A reement
X20 -03061
<Choose A reemenb
<Choose reemenb
<Choose A reemenb
Ente rise Enrollment
X20 -03346
<Choose EnSl lment/Re istration>
<Choose Enrollment/Re i;tration>
<Choose Enrollmenf/Re istration>
<Choose Enroll nenVRe istration>
Previous Enrolment / Agreement Form
Customer Price Sheet
N/A
0044194.002
Amendment
CTM New
Amendment
M55 New
Commodit Tax Terms and Conditions
X20 -06068
Qualif in Govt Enti Addendum
N/A
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and
understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Name of Entity (must be legal entity name)* The City of Saint John.
Signature*
Printed First and Last Name*
Printed Title*
Signature Date*
Tax ID -
ProgramSignForm(MSSIgn)(NA,LetAm)E%BRA,MLI (ENG)(Od2012)
Prepared By: Scott McElman
soott.mcelman@bell.ca
�E
Microsoft Affiliate
Microsoft Licensing, GP
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft AKllate countersigns)
Effective Date
(may be di(ferera than Mlcoosofrs signature date)
Optional 2 "d Customer signature or Outsourcer signature (if applicable)
Name of Entity (must be legal entity name)* N/A
Signature*
Printed First and Last Name*
Printed Title*
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)* N/A
Signature*
Printed First and Last Name*
Printed Title*
Signature Date*
* indicates required field
If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customers
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Licensing, GP
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511 -1137
USA
Page 1 of 3 ProgremSignFc rm( MSSign)( NA ,LatAm)E%BRA,MLI(ENG)(OCt2B12)
16
ProgramSign Form( MSSi gn) (NA,LetAm)EXBRA,MLI(ENG)(Oc=12) Page 3 of 3
Page 2 of 3
Microsoft
Business and Services Agreement
Contents
1. Definitions........._ .............. ..._................... __..___.__..___............................................ ._...........1
2. Use, ownership, rights, and restrictions . ............ ..... ........ .............................................................. 2
3. Confidentiality ................................................................................................. ..............................4
4. Warmntie s ........................ ..................
5. Defense ofinfringement misappropriation, and third party claims ...............................................6
6. Limitation ofllability . ........................................................................................ ..............................7
7. Verifying compliance ...................................................................................... ..............................8
8. Term and Terminat ion .................................................................................... ..............................8
9. Supportability of Products ............................................................................... ..............................9
10. Insurance while performing Services on Customer's premises ....................... ..............................9
11. Miscellaneous ................................................................................................. ..............................9
12. Country- specific provisions..................... ................ .......................................................... .......... 12
13, Country- specific Services terms . ................... ___..._........................................... ...........__...._. 15
This Microsoft Business and Services Agreement is entered into between the entities identified on the
signature form. If Customer licenses software or contracts for Online Services or Services from
Microsoft under this agreement, the specific terms of those transactions will be contained in a
separate Supplemental Agreement or Statement of Services that will incorporate the terms of this
agreement. Nothing in this agreement obligates either parry to enter into any Supplemental
Agreement or Statement of Services.
Effective date. If the first Supplemental Agreement or Statement of Services incorporating the terms
of this agreement is given an effective date that is earlier than the date this agreement is signed by
Microsoft, the effective date of this agreement will be that earlier date. Otherwise, this agreement is
effective on the date it is signed by Microsoft.
Terms and Conditions
1. Definitions.
In this agreement, the following definitions apply:
'Affiliate" means any legal entity that a party owns, that owns a parry, or that is under its common
ownership. "Ownership" means, for purposes of this definition, control of more than a 50% interest in
an entity.
"Contractor" means any third party supplier or other provider of computer technology or related
services.
"Customer" means the entity that has entered into this agreement and its Affiliates.
"Customer Data" means all data, including all text, sound, software, or image files that are provided to
Microsoft by, or on behalf of, Customer through Customers use of the Online Services or in
connection with Services.
"Fixes" means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either
releases generally (such as service packs), or that Microsoft provides to Customer when performing
Services to address a specific issue.
"Microsoft" means the Microsoft Affiliate that has entered into this agreement and its Affiliates, as
appropriate.
"Online Services" means the Microsoft- hosted services identified in the Online Services section of the
Product List.
"Product" means all products identified on the Product List, such as all software, Online Services and
other web -based services, including pre - release or beta versions.
MBSA2012Agr(W W)(ENG)o0o 2012) Page 1 of 23
D cumentxz0 -03002
1) Upon payment in full, Microsoft grants Customer Joint Ownership in any
computer code or non -code written materials (other than Products, Fixes or Pre-
existing Work) developed by Microsoft or in collaboration with Customer and left
with Customer at the conclusion of a Services engagement ( "Developments "),
except as may be otherwise explicitly agreed to in a Statement of Services.
"Joint Ownership" means each party has the right to independently exercise any
and all rights of ownership now known or hereinafter created or recognized,
including without limitation the rights to use, reproduce, modify and distribute the
Developments for any purpose, without the need for further authorization to
exercise any such rights or any obligation of accounting or payment of royalties.
2) Notwithstanding the prior paragraph, if the laws of Austria, France, Germany,
Hungary, India, Poland, Switzerland, or Ukraine, apply to Services per the terms
of this agreement or the determination of a court:
A. All rights in Developments are owned by Microsoft, subject to the terms of
this paragraph.
B. Upon payment in full Microsoft grants to Customer a non - exclusive license to
Developments, except as may be explicitly agreed in a Statement of
Services.
C. Customer and Microsoff may use, reproduce, and modify the Developments
in all ways of use (and all future ways of use) without any accounting or
payment of royalties.
3) Each party shall be the sole owner of any modifcations that it makes based upon
Developments. Customer may exercise its rights in Developments solely for its
internal business operations and may not otherwise to distribute them, except as
may be otherwise explicitly agreed to in a Statement of Services.
(iv) Affiliates' rights. Customer may sublicense the rights contained in this subsection
relating to Services Deliverables to its Affiliates, but Customer's Affiliates may not
sublicense these rights and Customer's Affiliates' use must be consistent with the
license terms contained in this agreement.
c. Non - Microsoft software and technology.
(1) Customer is solely responsible for any non - Microsoft software or technology that it
installs or uses with the Products, Fixes, or Services Deliverables. Microsoft is not a
party to and is not bound by any terms governing Customers use of non - Microsoft
software or technology.
(ii) If Customer installs or uses any non - Microsoft software or technology with the
Products, Fixes, or Services Deliverables, it directs and controls the installation in and
use of such software or technology in the Products, Fixes, and Services Delivembles
through its actions (e.g., through Customers use of application programming
interfaces and other technical means that are part of the Online Services). Microsoft
will not ran or make any copies of such non - Microsoft software or technology outside
of its relationship with Customer.
(iii) If Customer installs or uses any non - Microsoft software or technology with the
Products, Fixes, or Services Deliverables, it may not do so in any way that would
subject Microsoft', intellectual property or technology to obligations beyond those
included in this agreement.
d. Sample Code. Upon payment in full, Microsoft grants Customer a non - exclusive,
perpetual, fully paid -up license to use and modify any software code that Microsoft
provides for purposes of illustration ( "Sample Code ") and to reproduce and distribute the
object code forth of the Sample Code, provided that Customer (1) does not use
Microsoft's name, logo, or trademarks to market, and includes a valid copyright notice on,
Customers software product in which the Sample Code is embedded; and (2)
indemnities, holds harmless, and defends Microsoft and its suppliers from and against
any claims or lawsuits, including attorneys' fees, that arise or result from the use or
distribution of the Sample Code.
"Product List" =the statement published by Microsoft from time to time on the World Wide Web
at htto: / /www.microsof.com /licensina /contracts or at a successor site that Microsoft identifies, which
identfies the Products that are or may be made available under a program (which availability may
vary by region) and any Product - specific conditions or limitations on the acquisition of licenses for, or
use of, those Products.
"Product use rights" means, with respect to any licensing program, the use fights or terms of service
for each Product and version published for that licensing program at
htto: / /www.microsoft.com/licensina /contracts or at a successor site.
"Service Level Agreement" means the document specifying the standards Microsoft agrees to adhere
to and by which it measures the level of service for an Online Service.
"Services Deliverables" means any computer code or materials, other than Products or Fixes, that
Microsoft leaves with Customer at the conclusion of Microsoft's performance of Services.
"Services" means all support, consulting and other services or advice, including any resulting
deliverables provided to Customer under this agreement. Services do not include Online Services.
"Statement of Services" means any work orders, services descriptions, or other statements of
services referencing this agreement, and any parts of an enrollment that relate to the delivery of
Services.
"Supplemental Agreement" means any agreement expressly incorporating the terms of this
agreement, other than a Statement of Services.
"Trade Secret" means information that is not generally known or readily ascertainable to the public,
has economic value as a result, and has been subject to reasonable steps under the circumstances to
maintain its secrecy.
"use' or "ran" means to copy, install, use, access, display, run or otherwise interact
Use, ownership, rights, and restrictions
a. Products. Unless otherwise specified in a Supplemental Agreement, use of any Product
is governed by the Product Use Rights specific to each Product and version and by the
terms of the applicable Supplemental Agreement.
b. Fixes and Services Deliverables.
(1) Fixes. Fixes are licensed according to the license terms applicable to the Product to
which those Fixes relate. If the Fixes are not provided for a specific Product, any
other use terns Microsoft provides with the Fixes will apply, and if no use terms are
provided, Customer shall have a non - exclusive, perpetual, fully paid -up license to use
and reproduce the Fixes solely for its internal use. Customer may not modify, change
the file name of, or combine any Fixes with any non - Microsoft computer code, except
as expressly permitted in a Supplemental Agreement or Statement of Services.
(it) Pre- Existing Work. All rights in any computer code or non -code based written
materials developed or otherwise obtained by or for the parties or their Affiliates
independent of this agreement ( "Pre- existing Work ") shall remain the sole property of
the party providing the Pre - existing Work. During the performance of the Services,
each party grents to the other party (and Microsoft's Contractors as necessary) a
temporary, non - exclusive license to use, reproduce and modify any of its Pre- existing
Work provided to the other parry, solely as needed to perform its obligations in
connection with the Services.
Except as may be otherwise expressly agreed by the parties in writing, upon payment
in full Microsoft grants Customer a non - exclusive, perpetual, fully paid -up license to
use, reproduce and modify (if applicable) any Microsoft Pre - existing Work provided as
part of a Services Deliverable, solely in the form delivered to Customer, and solely for
Customers internal business purposes.
The license to Microsoft's Pre - existing Work is conditioned upon Customers
compliance with the terms of this agreement.
(iii) Developments
MBSA2012Agr(wW )(ENGk0.Q012) Page 2 of 23
Document X20 -03002
e. Restrictions on use. Customer must not:
(1) separate and use the components of a Product on two or more computers, upgrade
or downgrade components at different times, or transfer components separately,
except as provided in the Product Use Rights;
(it) reverse engineer, decempile or disassemble any Product, Fix, or Services
Deliverable, except where applicable law permits it despite this limitation; or
(iii) distribute, sublicense, rent, lease, lend, or host any Product, Fix, or Services
Deliverable except as permitted in the applicable Supplemental Agreement,
Statement of Services, the Product Use Rights, or in a separate written agreement.
f. Reservation of rights. All rights not expressly granted are reserved to Microsoft.
3. Confidentiality.
a. What is Included. "Confidential Information" is non - public information, know -how and
Trade Secrets in any form that are designated as "wrifidental" or a reasonable person
knows or reasonably should understand to be confidential. It includes non- public
information regarding either party's products or customers, marketing and promotions, or
the negotiated terms of Microsoft agreements.
b. What is not included. The following types of information, however marked, are not
Confidential Information. Information that:
(1) is, or becomes, publicly available without a breach of this agreement;
(it) was lawfully known to the receiver of the information without an obligation to keep it
confidential;
(iii) is received from another source who can disclose it lawfully and without an obligation
to keep it confidential;
(iv) is independently developed; or
(v) is a comment or suggestion one party volunteers about the others business, products
or services.
c. Treatment of Confidential Information.
(1) In general. Subject to the other terms of this agreement, each party agrees:
1) it will not disclose the other's Confidential Information to third parties; and
2) it will use and disclose the other's Confidential Information only for purposes of
the parties' business relationship with each other.
(ii) Security precautions. Subject to the other terns of this agreement, each party
agrees:
1) to take reasonable steps to protect the others Confidential Information — these
steps must be at least as protective as those the party takes to protect its own
Confidential Information;
2) to notify the other promptly upon discovery of any unauthorized use or disclosure
of Confidential Information; and
3) to cooperate with the other to help regain control of the Confidential Information
and prevent further unauthorized use or disclosure of it.
(iii) Sharing Confidential Information with Affiliates and representatives.
1) A "Representative" is an employee, Contractor, advisor, or consultant of one of
the parties or of one of the parties' Affiliates.
2) Each party may disclose the others confidential information to its
Representatives (who may then disclose that Confidential Information to other of
17 that party's Representatives) only if those Representatives have a need to know
M13SA2012AgnW W kENG)(Oct20I2) Page 3 of 23 MBSA2012Agr(W W )(ENG)(OCt2012) Page 4 of 23
Document X20.03002 Document X2403002
about it for purposes of the parties' business relationship with each other. Before
doing so, each parry must:
A. ensure that Affiliates and Representatives are required to protect the
Confidential Information on terms consistent with this agreement; and
B. accept responsibility for each Representative's use of Confidential
Information.
3) Neither party is required to restrict work assignments of Representatives who
have had access to Confidential Information. Neither party can central the
incoming information the other will disclose to it in the course of working together,
or what that party's Representatives will remember, even without notes or other
aids. Each party agrees that use of information in Representatives' unaided
memories in the development or deployment of the parties' respective products or
services does not create liability under this agreement or trade secret law, and
each party agrees to limit what it discloses to the other accordingly.
(iv) Disclosing Confidential Information if required to by law. Each parry may
disclose the others Confidential Information if required to comply with a court order or
other government demand that has the force of law. Before doing so, each parry
must seek the highest level of protection available and, when possible, give the other
enough prior notice to provide a reasonable chance to seek a protective order.
Length of Confidential Information obligations. Except as permitted above, neither
party will use or disclose the others Confidential Information for five years after it is
received. The five -year time period does not apply if applicable law requires a longer
period or the Product Use Rights provide a more specific requirement.
Warranties.
a. Limited warranty. Microsoft warrants that:
(t) Online Services will perform in accordance with the applicable Service Level
Agreement;
(it) Products other than Online Services will perform substantially as described in the
applicable Microsoft user documentation; and
(iii) Services will be performed with professional care and skill.
b. Limited warranty term. The limited warranty for
(1) Online Services is for the duration of Customers use of the Online Service, subject to
the notice requirements in the applicable Service Level Agreement;
(It) Products other than Online Services is one year from the date Customer first uses the
Product; and
(iii) Services is 90 days from delivery of a Services Deliverable, unless otherwise stated
in a Statement of Services.
c. Limited warranty exclusions. This limited wananty is subject to the following
limitations:
(1) any implied wanantes, guarantees or conditions not able to be disclaimed as a
matter of law last for one year from the start of the limited warranty;
(it) the limited warranty does not cover problems caused by accident, abuse or use in a
manner inconsistent with this agreement or the Product Use Rights, or resulting from
events beyond Microsoft's reasonable control;
(iii) the limited warranty does not apply to components of Products that Customer is
permitted to redistribute;
(iv) the limited warranty does not apply to free, Dial, pre - release, or beta products; and
(v) the limited warranty does not apply to problems caused by the failure to meet
minimum system requirements.
Remedies for breach of limited warranty. If Microsoft fails to meet any of the above
limited warranties and Customer notifies Microsoft within the warranty term, then
Microsoft will:
(1) for Online Services, provide the remedies identified in the Service Level Agreement
for the affected Online Service;
(ii) for Products other than Online Services, at its option either (1) return the price paid or
(2) repair or replace the Product; and
(iii) for Services, at its option either (1) return the price paid for the specific Service or (2)
re- perform the specific Service.
These are Customers only remedies for breach of the limited warranty, unless other
remedies are required to be provided under applicable law.
DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY,
MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS,
WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, TITLE, OR NON - INFRINGEMENT. THESE DISCLAIMERS WILL APPLY
UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.
Defense of infringement, misappropriation, and third party claims.
a. Microsoft's agreement to protect. Microsoft will defend Customer against any claims
made by an unaffiliated third party that any Product, Fix or Services Deliverable made
available by Microsoft for a fee infringes that party's patent, copyright or trademark or
makes unlawful use of its Trade Secret. Microsoft will also pay the amount of any
resulting adverse final judgment (or settlement to which Microsoft consents). This
Section 5 provides Customer's exclusive remedy for these claims.
b. Limitations on defense obligation. Microsoft's obligations will not apply to the extent
that the claim or award is based on:
(1) Customer Data, non - Microsoft software, modifications Customer makes to, or any
specifications or materials Customer provides or makes available for, a Product, Fix
or Services Deliverable;
(it) Customers combination of a Product, Fix or Services Deliverable with a non-
Microsoft product, data or business process; or damages based on the use of a non -
Microsoft product, data or business process;
(iii) Customers use of either Microsoft's trademarks or the use or redistribution of a
Product, Fix, or Services Deliverable in violation of this agreement or any agreement
incorporating its terms; or
IN) Customers use of a Product, Fix or Services Deliverable after Microsoft notifies
Customer to discontinue that use due to a third party claim.
Customer will reimburse Microsoft for any costs or damages that result from any of the
above actions.
c. Customer's agreement to protect. Customer will defend Microsoft against any claims
made by an unaffiliated third party that:
(1) any Customer Data or non - Microsoft software Microsoft hosts on Customer's behalf
infringes the third party's patent, copyright, or trademark or makes unlawful use of its
Trade Secret; or
(it) arises from violation of the Acceptable Use Policy, which is described in the Product
Use Rights.
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Document X20 -03002 Document X20 -03002
Customer must pay the amount of any resulting adverse final judgment (or settlement to
which Customer consents). This section provides Microsoft's exclusive remedy for these
claims.
Rights and remedies in case of possible infringement or misappropriation.
Ill Microsoft offerings. If Microsoft reasonably believes that a Product, Fix, or Services
Deliverable may infringe or misappropriate a third- party's intellectual property rights,
Microsoft will seek to: (1) procure for Customer the right to continue to use the
Product, Fix or Services Deliverable; or (2) modify or replace it with a functional
equivalent to make it non - infringing and notify Customer to discontinue use of the
prior version, which Customer must do immediately. If the foregoing options are not
commercially reasonable for Microsoft, or if required by a valid judicial or government
order, Microsoft may terminate Customers license or access fights (or for certain
Services Deliverables, Customers ownership rights) in the Product, Fix, or Services
Deliverable. In such a case, Microsoft will provide Customer with notice and refund
any amounts Customer has paid for those rights to the Product, Fix or Services
Deliverable (or for Online Services, any amount Customer has paid in advance for
unused Online Services).
(it) Customer Data or use of non - Microsoft software with Online Services. If an
unaffiliated third party asserts that Customer Data or non - Microsoft software or
technology used by Customer with the Online Services violates their intellectual
property rights, Microsoft may ask Customer to remove the allegedly infringing item.
If Customer fails to do so within a reasonable period of time, Microsoft may suspend
or terminate the Online Service to which the Customer Data or non - Microsoft
software relates.
Obligations of protected parry. Customer must notify Microsoft promptly in writing of a
claim subject to the Subsection titled "Microsoft's agreement to protect" and Microsoft
must notify Customer promptly in writing of a claim subject to the Subsection titled
"Customer's agreement to protect" The party invoking its right to protection must (1) give
the other party sole control over the defense or settlement; and (2) provide reasonable
assistance in defending the claim. The party providing the protection will reimburse the
other party for reasonable out of pocket expenses that it incurs in providing assistance.
Limitation of liability.
a. Limitation on liability. To the extent permitted by applicable law, the liability of each
party, its Affiliates, and its Contractors arising under this agreement is limited to direct
damages up to (1) for Services and Products other than Online Services, the amount
Customer was required to pay for the Product or Services giving rise to that liability and
(2) for Online Services, the amount Customer paid for the Online Service giving rise to
that liability during the prior 12 months. In the case of Products or Services provided free
of charge, or code that Customer is authorized to redistribute to third parties without
separate payment to Microsoft, Microsoft's liability is limited to U.S. $5,000. These
limitations apply regardless of whether the liability is based on breach of contract, tort
(including negligence), strict liability, breach of warranties, or any other legal theory.
However, these monetary limitations will not apply to:
(1) Microsoft's and Customer's obligations under the section titled "Defense of
infringement, misappropriation, and third party claims ";
(it) liabilities arising out of any breach by either party of its obligations under the section
entitled "Confidentiality ", except that Microsoft's liability arising out of or in relation to
Customer Data shall in all cases be limited to the amount Customer paid for the
Online Service giving rise to that liability during the prior 12 months, or for any
Services giving rise to that liability; and
(III) violation by either party of the other party's intellectual property rights.
b. EXCLUSION OF CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER p
PARTY, NOR ANY OF ITS AFFILIATES, OR CONTRACTORS, WILL BE LIABLE FOR O
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, OR
DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS INTERRUPTION, OR LOSS
OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH
POSSIBILITY WAS REASONABLY FORESEEABLE. HOWEVER, THIS EXCLUSION
DOES NOT APPLY TO EITHER PARTY'S LIABILITY TO THE OTHER FOR
VIOLATION OF ITS CONFIDENTIALITY OBLIGATIONS (EXCEPT TO THE EXTENT
THAT SUCH VIOLATION RELATES TO CUSTOMER DATA), THE OTHER PARTY'S
INTELLECTUAL PROPERTY RIGHTS, OR THE PARTIES' RESPECTIVE
OBLIGATIONS IN THE SECTION TITLED "DEFENSE OF INFRINGEMENT,
MISAPPROPRIATION, AND THIRD PARTY CLAIMS."
c. Affiliates and Contractors. Neither Microsoft nor Customer shall bring any action
against the other's Affiliates or Contractors in respect of any matter disclaimed on their
behalf in this agreement. Each party will indemnify the other in the event of any breach of
this provision.
Verifying compliance
a. Right to verify compliance. Customer must keep records relating to the Products it and
its Affiliates use or distribute. Microsoft has the right to verify compliance with the license
terms for the Products, at Microsoft's expense.
b. Verification process and limitations. Microsoft will provide customer at least 30 days'
notice of its intent to verify compliance. Microsoft will engage an independent auditor,
which will be subject to a confidentiality obligation. Verification will take place during
normal business hours and in a manner that does not interfere unreasonably with
Customers operations. Customer must promptly provide the independent auditor with
any information it reasonably requests in furtherance of the verification, including access
to systems running the Products and evidence of licenses for Products Customer hosts,
sublicenses, or distributes to third parties. As an altemative, Microsoft may require
Customer to complete Microsoft's self -audit process relating to the Products Customer
and any of its Affiliates use or distribute. Such information will be used solely for purposes
of determining compliance.
c. Remedies for non - compliance. If verification or self -audit reveals any unlicensed use,
Customer must within 30 days order sufficient licenses to cover its use. If unlicensed use
is 5% or more, Customer must reimburse Microsoft for the costs Microsoft has incurred in
verification and acquire the necessary additional licenses at 125% of the then current
price list and Customer price level within 30 days. The unlicensed use percentage is
based on the total number of licenses purchased compared to actual install base. If
there is no unlicensed use, Microsoft will not undertake another verifcation of the same
Customer for at least one year. By exercising the rights and procedures described
above, Microsoft does not waive its rights to enforce this agreement or to protect its
intellectual property by any other means permitted by law.
8. Term and termination
This agreement will remain in effect until terminated. Either party may terminate it at any time by
giving at least 60 calendar days prior written notice.
The sole effect of terminating this agreement will be to terminate the ability of either party to enter into
subsequent Supplemental Agreements or Statements of Services under this agreement. Termination
of this agreement will not, by itself, result in the termination of any Supplemental Agreement or
Statement of Services previously entered into under this agreement. Any terms of this agreement
incorporated by reference into any Supplemental Agreement or Statement of Services will continue in
effect unless that Supplemental Agreement or Statement of Services itself is terminated or expires.
The term and termination rights for any Supplemental Agreement or Statement of Services will be set
forth in that Supplemental Agreement or Statement of Services.
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Document X20.03002 Document X2403002
Unless otherwise provided in a Statement of Services, Customers Affiliate that signed the Statement
of Services may terminate it at any time by giving the Microsoft Affiliate that signed the Statement of
Services 30 calendar days prior written notice. Either parry to the Statement of Services may
terminate it if the other party is (1) in material breach or default of any obligation that is not cured
within 30 calendar days notice of such breach or (2) fails to pay any invoice that is more than 60
calendar days outstanding.
9. Supportability of Products.
Microsoft may add support for new Products or discontinue support for existing Products from time to
time. If Microsoft discontinues support for a Product, Microsoft will inform Customer six months in
advance of the discontinuation by posting the information at htto : / /supp rt.microsoft.com /lifecvcle or
any successor site. If Microsoft sells a Product to another company, Microsoft will give Customer
notice of the sale and at the time of notice Microsoft will either (1) arrange for the other company to
continue the support; or (2) continue support itself for 90 days to give Customer time to make
alternative arrangements.
There may be cases where Customer's implementation of Products cannot be effectively supported.
Microsoft will notify Customer if Microsoft reaches that conclusion. If Customer does not modify the
implementation to make it effectively supportable within 30 calendar days after the notice, Microsoft
will not be obligated to provide additional support Services for that implementation; however, Microsoft
will continue to provide support for Customers other supportable implementations covered by the
applicable Statement of Services.
Microsoft will use commercially reasonable efforts to provide support services for the Products
covered in the Statement of Services for support, provided they are validly licensed to Customer.
Microsoft may use any technical information Microsoft derives from providing Services for problem
resolution, troubleshooting, product functionality enhancements and Fixes, and for Microsoft's
knowledge base. Microsoft agrees not to identify Customer or disclose any of Customers
Confidential Information in any item in the knowledge base.
10. Insurance while performing Services on Customer's premises.
Microsoft will maintain the following insurance coverage at all times when performing Services on
Customers premises under this agreement via commercial insurance, self - insurance, a combination
of the two or any other similar risk financing alternative:
a. Commercial General Liability covering bodily injury and tangible property damage liability
with a limit of not less than U.S. $2,000,000 each occurrence;
b. Workers' Compensation (or maintenance of a legally permitted and governmentally-
approved program of self - insurance) covering Microsoft employees pursuant to applicable
state workers' compensation laws for work- related injuries suffered by Microsoft's
employees;
c. Employers Liability with limits of not less than U.S. $1,000,000 per accident;
d. Professional Liability/Errors & Omissions Liability covering damages arising out of
negligent acts, errors, or omissions committed by Microsoft or its employees in the
performance of Services, with a limit of liability of not less than U.S. $2,000,000 per claim;
and
e. Automobile Liability (if vehicles are brought on Customers premises or used in the
performance of the Services) with U.S. $2,000,000 combined limit per occurrence, for
bodily injury and property damage combined covering owned, non -owned and hired
vehicles.
Microsoft will provide Customer with evidence of coverage on request.
11. Miscellaneous.
a. Notices to Microsoft Notices, authorizations, and requests in connection with this
agreement must be sent by regular or overnight mail, express courier, or fax to the
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where the Microsoft Affiliate delivering the Services is organized. The 1980 United
Nations Convention on Contracts for the International Sale of Goods and its related
instruments will not apply to this agreement or any Supplemental Agreement or
Statement of Services entered into with any Microsoft Affiliate that incorporates these
terms. The Products are protected by copyright and other intellectual property rights laws
and international treaties.
1. Microsoft as independent contractor. Microsoft provides its Services as an
independent contractor, and will be responsible for any and all social security,
unemployment, workers' compensation and other withholding taxes for all of Microsoft's
employees. Customer and Microsoft are free to develop products independently without
the use of the others Confidential Information.
j. Subcontractors. Microsoft may use Contractors to perform Services and support Online
Services. Microsoft will be responsible for their performance subject to the terms of this
agreement.
k. Amending the agreement. This agreement and any Supplemental Agreement or
Statement of Services incorporating its terms may be amended only by a formal written
agreement signed by both parties. The Product List and Product Use Rights (including
any documents referenced therein) may be changed by Microsoft in accordance with the
terns of this agreement or a Supplemental Agreement. Any terms and conditions
contained in a purchase order that contradict these terms and conditions will not apply.
I. No transfer of ownership. Microsoft does not transfer any ownership rights in any
Product.
m. Privacy and Security. Microsoft and Customer will each comply with all applicable laws
and regulations (including applicable security breach notification law). However,
Microsoft is not responsible for compliance with any laws or regulations applicable to
Customer or Customers industry that are not also generally applicable to information
technology services providers. Customer consents to the processing of personal
information by Microsoft and its agents to facilitate the subject matter of this agreement
and any Supplemental Agreement or Statement of Services.
Customer may choose to provide personal information to Microsoft on behalf of third
parties (including Customer's contacts, resellers, distributors, administrators, and
employees) as part of this agreement. Customer will obtain all required consents from
third parties under applicable privacy and data protection law before providing personal
information to Microsoft.
The personal information Customer provides in connection with this agreement will be
processed according to the privacy statement available at
httos: / /www.microsoft .cam /licensing /sewicemnter (see footer), except that Product-
specific privacy statements are in the Product Use Rights. Personal data collected
through Products or Services may be transferred, stored and processed in the United
States or any other country in which Microsoft or its service providers maintain facilities.
By using the Products or Services, Customer consents to the foregoing. Microsoft abides
by the EU Safe Harbor and the Swiss Safe Harbor frameworks as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of data from the
European Union, the European Economic Area, and Switzerland.
For Online Servicos, additional privacy and security details are in the Product Use Rights.
n. Services payment terms. Customer agrees to pay all fees in a Statement of Services
within 30 calendar days of the date of invoice, unless the Statement of Services provides
otherwise. Microsoft's fees exclude any taxes, duties, tariffs, levies or other
governmental charges or expenses (including, without limitation, any value added taxes),
which will be billed to and paid by Customer. Microsoft is responsible for taxes based
upon its personal property ownership and net income. Microsoft may, at its option,
assess a finance charge of the lesser of 18% per annum, accrued, calculated and
payable monthly, or the highest amount allowed by law, on all past due amounts due to
Microsoft. Microsoft will have no obligation to continue to provide Services if Customer
fails to make timely payment.
addresses and numbers listed in this agreement. Notices will be treated as delivered on
the date shown on the return receipt or on the courier or fax confirmation of delivery.
Microsoft Corporation
Legal and Corporate Affairs
Volume Licensing Group
One Microsoft Way
Redmond, WA 98052
USA
Via Facsimile (425) 936 -7329
b. Assignment Either party may assign this agreement to an Affiliate only. Assignment
will not relieve the assigning party of its obligations under the assigned agreement,
including any additional costs or limitations on use that result from the assignment. If
either party assigns this agreement, it must notify the other party of the assignment in
writing. Neither party may assign any Statement of Services without the written consent
of the other.
c. Sevembility. If a court holds any provision of this agreement to be illegal, invalid, or
unenforceable, the rest of the document will remain in effect and this agreement will be
amended to give effect to the eliminated provision to the maximum extent possible.
d. Waiver. A waiver of any breach of this agreement is not a waiver of any other breach.
Any waiver must be in writing and signed by an authorized representative of the waiving
party.
e. Dispute resolution. When bringing an action to enforce this agreement, (including any
agreement incorporating these terms), the parties agree to the following jurisdictions:
(1) If Microsoft brings the action, the jurisdiction will be where Customer's contracting
Affiliate has its headquarters;
(it) If Customer brings the action with any Microsoft Affiliate located outside of Europe,
the jurisdiction will be the State of Washington, USA;
(iii) If Customer brings the action with any Microsoft Affiliate located in Europe, the
jurisdiction will be Ireland; and
(N) If Customer brings the action to enforce a Statement of Services, the jurisdiction will
be where the Microsoft Affiliate delivering the services has its headquarters.
This choice of jurisdiction does not prevent either party from seeking injunctive relief with
respect to a violation of intellectual property rights or confidentiality obligations in any
appropriate jurisdiction.
f. Survival. Provisions regarding ownership and license rights, fees, Product Use Rights,
restrictions on use, evidence of perpetual licenses, transfer of licenses, warranties,
defense of infringement and misappropriation claims, Microsoft's and Customer's
obligations to protect each other, limitations of liability, confidentiality, compliance
verification, obligations on termination or expiration and the other provisions in this
section entitled "Miscellaneous" will survive termination or expiration of this agreement
and of any agreement or Statement of Services in which they are incorporated.
g. This agreement is not exclusive. Customer is free to enter into agreements to license,
use, or promote non - Microsoft software or services.
h. Applicable law. The terms of this agreement and /or any Supplemental Agreement
entered into with any Microsoft Affiliate located outside of Europe will be governed by and
construed in accordance with the laws of the State of Washington and federal laws of the
United States. The terms of this agreement and /or any Supplemental Agreement entered
into with any Microsoft Affiliate located in Europe will be governed by and construed in
accordance with the laws of Ireland. Unless otherwise agreed in writing, any dispute
arising out of or in relation to Services will be governed by the law of the jurisdiction
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o. U.S. Export. Products, Fixes, and Developments are subject to U.S. export jurisdiction.
Customer must comply with all applicable international and national laws, including the
U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and
end -user, end use and destination restrictions by U.S. and other governments related to
Microsoft products, services, and technologies. For additional information related to
Microsoft compliance with export rules, see http: /Aw .microsoft.mm /exporting.
Customer will notify Microsoft at cmec(µsoft.com as to any regulatory or legal
controls on the use, access or transfer of Customer's software or technology prior to such
use, access or transfer to /by Microsoft. Customer will provide sufficient information to
permit Microsoft to comply with applicable controls on Customers software or technology.
p. Natural Disaster. In the event of a natural disaster, Microsoft may provide additional
assistance or rights by posting them on httD:/A— microsoft.com at such time.
12. Country- specific provisions.
For Customers located in any of the countries identified in this section 12, the following country-
specific provisions replace or supplement the equivalent provisions as noted:
Supplement Terms and Conditions section 4 titled "Warranties" with the following:
f. Consumer remedies. Notwithstanding anything in this agreement (or any Supplemental
Agreement or Statement of Services incorporating these terms), consumers may have
the benefit of certain rights or remedies pursuant to the Competition and Consumer Act
2010 (Cth) and similar state and territory laws in Australia in respect of which liability may
not be excluded. If so, then to the maximum extent permitted by law, such liability is
limited, at Microsoft's option, in the case of goods to either (1) replacement of the goods
or (2) correction of defects in the goods, and in the case of Services to either (1) resupply
of the Services or (2) the cost of the resupply of the Services. Australian law requires us
to notify consumer purchasers of Microsoft goods that: Our goods come with guarantees
that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the goods repaired or replaced
if the goods fail to be of acceptable quality and the failure does not amount to a major
failure.
Supplement Terms and Conditions section 11 titled "Miscellaneous" with the following:
a. GST. If any GST is payable on any supplies made under a Supplemental Agreement or
Statement of Services entered into by Customer or Customers Affiliates under this
agreement, an amount on account of this GST will also be payable by Customer as
invoiced to Customer.
Replace Terms and Conditions subsection 11e titled "Dispute resolution" with the
following:
e. Dispute resolution. When bringing an action to enforce this agreement in any of the
above - listed countries, (including any agreement incorporating these terms), the parties
agree the action will finally be resolved by arbitration in accordance with the terms of this
section. The decision of an arbitrator shall be final, binding, and incontestable and may
be used as a basis for judgment thereon in the above -named countries or elsewhere. To
the fullest extent permitted by applicable law, the parties waive their right to any form of
1 appeal or other similar recourse to a court of law. These choices of venue do not prevent
either parry from seeking injunctive relief with respect to a violation of intellectual property
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rights or confidentiality obligations in any appropriate jurisdiction. The language of
arbitration shall be English. In addition, the following terms apply for the countries listed
below.
Bangladesh, Indonesia, Sri Lanka, Thailand, and Vietnam. Any dispute arising out of
or in connection with this agreement (including any Supplemental Agreement or
Statement of Services incorporating these terms), including any question regarding its
existence, validity or termination, shall be referred to and finally resolved by arbitration in
Singapore in accordance with the Arbitration Rules of the Singapore International
Arbitration Centre ( "SIAC "), which rules are deemed to be incorporated by reference into
this section. The Tribunal shall consist of one arbitrator to be appointed by the Chairman
of SIAC. Arbitration proceedings shall be conducted in English.
India. The arbitration shall be in accordance with the International Arbitration Rules of
[he Singapore International Arbitration Centre ( "SIAC "), which miss are deemed to be
incorporated by reference into this subsection. The Tribunal shall consist of one arbitrator
to be appointed by the Chairman of SIAC. The language of arbitration shall be English
and the venue of arbitration shall be Singapore. The decision of the arbitrator shall be
final and binding. The courts of New Delhi shall have exclusive jurisdiction to entertain
any suits relating to enforcement of the award and /or for award of any interim protection.
The People's Republic of China ( "PRC "). Any dispute arising out of or in connection
with this agreement (including any Supplemental Agreement or Statement of Services
incorporating these terms), including any question regarding its existence, validity or
termination, will be submitted to binding arbitration at the China International Economic
and Trade Arbitration Commission in Beijing ( "CIETAC ") in accordance with its rules in
effect from time to time.
The Philippines. Any dispute arising out of or in connection with this agreement or any
Supplemental Agreement incorporating these terms, including any question regarding its
existence, validity or termination, shall be referred to and finally resolved by arbitration in
Singapore in accordance with the Arbitration Rules of the Singapore International
Arbitration Centre ( "SIAC "), which rules are deemed to be incorporated by reference into
this section. The Tribunal shall consist of one arbitrator to be appointed by the Chairman
of SIAC.
Any dispute arising out of or in connection with any Statement of Services, including any
question regarding its existence, validity or termination, will be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules in force as at the date of the dispute.
The venue of arbitration will be Singapore. Arbitration proceedings shall be conducted in
English.
Replace Terms and Conditions subsection 11h titled "Applicable law," third sentence of
the paragraph, with the following:
The parties agree that the terms of any Statement of Services will be governed by the laws of
Singapore.
Replace Terms and Conditions subsection 11h titled "Applicable law," third sentence of
the paragraph, with the following:
The terms of this agreement and /or any Supplemental Agreement entered into with any Microsoft
Affiliate located in India will be governed by and construed in accordance with the laws of India.
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that Act, and the terms of this agreement are to be modified to the extent necessary
to give effect to this intention.
q. GST. If any GST is payable on any supplies made under a Supplemental Agreement or
Statement of Services entered into by Customer or Customer's affiliates under this
agreement, an amount on account of this GST will also be payable by Customer as
invoiced to Customer.
Replace section 16 titled "Insurance while performing Services on Customer's premises"
in its entirely with the following:
10. Insurance while performing Services on Customer's premises.
Microsoft will procure and maintain the following insurance coverage at all times when performing
Services on Customer's premises. The insurance coverage will be via commercial insurance, self -
insurance, a combination of the two or any other similar risk financing alternative:
a. Commercial General Liability covering bodily injury and tangible property damage;
b. Workers' Compensation (or maintenance of a legally permitted and governmentally-
approved program of self - insurance) covering Microsoft employees pursuant to applicable
state workers' compensation laws for work- related injuries suffered by Microsoft's
employees;
c. Employers Liability;
d. Professional Liability/Errors & Omissions Liability covering damages arising out of
negligent acts, errors, or omissions committed by Microsoft or its employees in the
performance of Services; and
e. Automobile Liability (if vehicles are brought on Customer's premises or used in the
performance of the Services) for bodily injury and property damage covering owned, non -
owned and hired vehicles.
Microsoft will provide Customer with evidence of coverage on request.
Supplement Terms and Conditions section 11 titled "Miscellaneous" with the following:
p. Stamp tax. Microsoft will not be responsible for any stamp taxes that might be owed
pursuant to this agreement or to any Supplemental Agreement or Statement of Services
entered by Customer and /or Customers Affiliates. Upon Microsoft's request, Customer
and its Affiliates will provide to Microsoft evidence of payment of the appropriate stamp
taxes to the appropriate authorities. Customer and its Affiliates will jointly and severally be
liable to Microsoft for all damages and costs Microsoft may incur due to the failure of the
Customer and /or Customers Affiliates to fulfill the stamp tax obligation.
13. Country- specific Services terms.
In any case where the law of any of the jurisdictions cited below is applied, the following country-
specific provisions will replace or supplement the equivalent provisions as noted:
Supplement Teens and Conditions section 6 titled "Limitation of liability" with the
following:
The Customer shall agree to the terms and conditions of any limitation of liability specified in this
agreement, particularly in this section, and shall also approve that limitation of liability in a separate
written statement of work.
Supplement Terms and Conditions section 11 titled "Miscellaneous" with the following:
q. English language controls. The parties agree that these Master Terms and any
agreement be written and executed in English and that, in the event these Master Terms
or any agreement are translated into Bahasa Indonesia to comply with the implementing
regulations of Indonesian Law No. 24/2009, the English language version of the Master
Terms and any agreement controls.
Replace the URL identified in section 1 titled "Definitions" in the Product List definition
with the following:
hUp: //www.microsoft.com/ apan/licensing/product/pLmsiax.
Replace the URL identified in section 1 titled "Definitions" in the Product Use Rights
definition with the following
htto: /twww. microsoft.com/ iaoan /licensing /oroduct/our.msox.
Replace Terms and Conditions subsection lle titled "Dispute Resolution" with the
following:
Any dispute arising out of or in connection with this agreement (including any Supplemental
Agreement or Statement of Services incorporating these terms), including any question regarding its
existence, validity or termination, is subject to exclusive jurisdiction in Tokyo Distdct Court. This
choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a
violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
Replace Terms and Conditions suit 111. titled "Applicable law" with the following:
The terms of any Supplemental Agreement or Statement of Services will be governed by and
construed in accordance with the laws of Japan.
Replace the URL identified in subsection 11n titled "U.S. export jurisdiction" in the with
the following:
htto: / /www.microsoft.com/ aoan /exoortina.
Supplement Terms and Conditions section 11 titled "Miscellaneous" with the following:
p. Statutory liability.
(i) Business. Where Microsoft is a supplier (as that term is defined in the Consumer
Guarantees Act 1993 ( "CGA ")) of the Products or Services, Customer confines that
the Products or Services provided by Microsoft under a Supplemental Agreement or
Statement of Services are acquired for the purposes of a business (as that term is
defined in the CGA) and Customer agrees that the CGA does not apply to the
Products or Services supplied by Microsoft.
(it) Consumers. Nothing in this agreement (or any Supplemental Agreement or
Statement of Services incorporating these terms) is intended to limit the rights of a
"censumer' under the CGA where that Act applies, except to the extent permitted by
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Supplement Terms and Conditions subsection 11m titled "Services payment terms ".with
the following:
Microsoft undertakes to pay only applicable taxes on its income and on its property and also any
withholding tax applicable on its income.
Supplement Terms and Conditions section 4 titled "Wamantles" with the following:
f. Agreed Characteristics; Claims due to Defects in quality and Defects in title. To the
extent that Microsoft should be required to supply a yet to be produced moveable thing
(If— ustellende, bewegliche Sachs) or to the extent Microsoft's Services are,
exceptionally, considered work performances (Werkleistungen), the following provisions
g. to k. of this section will apply to claims due to defects in quality or defects in title
(collectively referred to as "Defects") but will not apply where the claims are for damages
or reimbursement of expenses. The provisions contained in section entitled "Limitation of
Liability" shall apply to claims for damages or expenses resulting from Defects.
g. Warranty in case of malicious non - disclosure of a Defect. Customer's rights and their
expiry will be exclusively determined in accordance with applicable statutory law in the
event of malicious non - disclosure of a Defect (arglistiges Verschweigen).
h. Specified Software Characteristics. Microsoft gives Customer express notice that,
based on the current state of technology, it is not possible to develop complex software
products that are entirely free of technical defects. The contractually specified
characteristics (vertragliche Beschaffenheit) of the software to be provided by Microsoft
does not require that the software be completely free of programming errors but merely
that the software be free of programming errors that materially impair its use.
1. Obligation to give written notice of any Defect. To the extent Microsoft is required to
supply a yet to be produced moveable thing, Customer may only make a claim against
Microsoft if Customer has properly complied with his obligation to notify Microsoft of all
Defects in accordance with § 377 of the Austrian Commercial Code (UGB). Customer
must provide Microsoft with a written notice of any apparent Defect found by Customer
during Customers examination according to § 377 of the Austrian Commercial Code
(UGB) immediately, but no later than within two weeks after delivery. Customer must
provide Microsoft with a written notice of any hidden Defects immediately after discovery.
J. Reimbursement for Defects not covered by limited warranty. In the event Microsoft
proves that there was no Defect for which Microsoft was responsible based on this
section, Microsoft will be entitled to require reimbursement of its expenses, based on
Microsoft's standard rates, incurred for its remedy efforts.
k. No warranty for Defects caused by alteration. Customer may not make a claim under
this section if Customer or a third party has altered the supplied, yet to be produced
moveable thing or the work performance without Microsoft's consent, unless Customer is
able to prove that the Defect in question was not caused by that alteration.
For the purposes of Services, replace Terms and Conditions section 6, titled "Limitation of
liability," with the following:
6. Limitation of liability
Microsoft's liability for any and all damages in relation to the performance of Services, irrespective
whether caused by breach of contract, Defects or unlawful act, shall be limited as follows:
a. Liability in case of intent, product liability, malicious non - disclosure and claims
based on damage to life, body, or health. In cases of intentional acts, claims under the
20 Product Liability Act, malicious nondisclosure of a Defect, as well as claims based on
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damage to life, body or health, Microsoft's liability shall be determined in accordance with
statutory law.
b. Limitation in case of gross negligence. In case of gross negligence, Microsoft's
liability shall be limited to the reimbursement of typical foreseeable damages, but only up
to the amount of Customer's consideration for the Services that were not property
performed, or, if several Services are concerned, up to their total amount. For Services
provided to Customer free of charge, Microsoft's total liability to Customer will not exceed
US$5000, or its equivalent in local currency.
In case of "simple" gross negligence, Microsoft shall under no circumstances be liable for
incidental loss or consequential damages (including but not limited to loss of anticipated
profits, loss of goodwill, loss of data, loss as a result of the interruption of business or
similar losses) arising out of or in connection with any Statement of Services, Services
Deliverables, Fixes, Products or any other materials or information.
c. Proof of intent or gross negligence. Customer will have to prove the existence of
intent or gross negligence.
d. Limitation in case of slight negligence. Microsoft's liability for slight negligence is
excluded.
e. Liability for the loss of data and costs of recovery. Customer is obliged to secure any
and all data and programs prior to Microsoft's engagement. Microsoft shall under no
circumstances be liable for the loss of data or programs or for costs of the recovery of
data or programs, insofar as this could have been avoided by fulfilling this obligation.
Furthermore, Microsoft acts on the assumption that standard software has not been
altered or modified, unless Customer has indicated such alterations or modifications in
detail in writing prior to Microsoft's engagement.
f. Limited period for liability claims. Any claim for damages resulting from Defects will
expire within one year. For a supplied, yet to be produced, moveable thing, the limitation
period will start on the delivery date; in cases of work performances, the limitation period
will start on the date of acceptance (Abnahme).
Any other calms against Microsoft for damages will expire within two years from the date
the cause of action arises.
The provision contained in this subsection entitled "Limited period for liability claims" shall
not apply to the cases governed by subsection above entitled "Liability in case of intent,
product liability, malicious non - disclosure and claims based on damage to life, body, or
health." In such cases, statutory law shall apply.
Microsoft's limitations on liability for Online Services and Products are addressed in Section 6.
Supplement Terms and Conditions subsection 2b(ii) titled "Pre-existing Work" with the
following:
Customer represents that the author has granted relevant approvals to modify Customers
preexisting work. In addition to the other rights granted, Microsoft further consents to the
modification (if applicable) of any of Microsoft's Pre - existing Work as part of a Services
Deliverable, solely in the form delivered to Customer, and solely for Customers internal
business operations. Any violation of cendi ions of this agreement or any Statement of
Services by Customer will be a condition subsequent for obtaining the perpetual license to
Microsoft's Pre - existing Work that Microsoft leaves to Customer at the conclusion of
Microsoft's performance of the Service.
Supplement Terms and Conditions subsection 4 titled "Warranties" with the fallowing:
Services Deliverables. Microsoft's Services Deliverables are developed according to
the most recent technical and scientific knowledge. Microsoft gives Customer an express
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software to be provided by Microsoft does not require that the software be completely free
of programming errors but merely that the software be free of programming errors that
materially impair its use.
h. Microsdf's obligations will not apply to the extent that a claim is based on (1)
specifications, code, or materials Customer provided; (2) use of, or access to, Services
Deliverables by any person or entity other than Customer or its Affiliates as permitted by
the applicable Statement of Services; (3) Customers use of Services Deliverables after
Microsoft notifies Customer to discontinue their use due to such a claim; (4) Customers
combining Services Deliverables with non - Microsoft products, data or business
processes.
I. To the extent Microsoft is required to supply a yet to be produced movable thing,
Customer may only make a claim against Microsoft if Customer has properly complied
with Customers obligation to notify Microsoft of all Defects in accordance with § 377 of
the German Commercial Code (HGB). Customer must provide Microsoft with written
notification of any apparent Defect found by Customer during its examination according to
§ 377 of the German Commercial Code immediately, but no later than within two weeks
after delivery. Customer must notify Microsoft in writing of any hidden Defects
immediately after discovery.
j. Microsoft will rectify Defects of which Customer has given Microsoft notice prior to the
expiry of the limitation period stipulated in this section. To the extent Customer has made
a claim against Microsoft for subsequent performance (Nacherfullung) Microsoft will have
the right, in its sole discretion, to either rectify the Defect, or to supply a new movable
thing, or, if the defect is in a work performance, to create a new work free of Defects.
Customer agrees to cooperate in Microsoft's subsequent performance by providing any
required information and documentation and to provide all reasonable assistance.
k. Customer may be entitled to rescind the respective Statement of Services —to the extent
rescission is not excluded by statutory law — or to reduce payment only after an
appropriate deadline set by Customer for subsequent performance of at least three
weeks has expired, unless that deadline is not required by statutory law.
I. In the event Microsoft proves that there was no Defect for which Microsoft was
responsible based on this section, Microsoft will be entitled to require reimbursement of
the expenses, based on Microsoft's standard rates, incurred for Microsoft's efforts to carry
out subsequent performance.
m. Customer may not make a claim under this section if Customer or a third party has
altered the supplied, yet to be produced moveable thing or the work performance without
Microsoft's consent, unless Customer is able to prove that the Defects in question were
not caused by that alteration.
n. All claims to which Customer is entitled pursuant to this section will expire within one
year. For a supplied, yet to be produced, movable thing, the limitation period will start on
the delivery date; in cases of work performances, the limitation period will start on the
date of acceptance (Abnahme).
The foregoing shall not affect the provision contained in § 438, paragraph 1 Nr. 1 a) of the German
Civil Cade.
For the purposes of Services, replace Terms and Conditions section 6 titled "Limitation of
liability" with the following:
6. Limitation of liability.
There may be situations in which Customer has a right to claim damages or reimbursement of futile
(Ersatz vergeblicher Aufwendungen) expenses from Microsoft. Whatever the legal basis for
Customers claim (breach of centrect, Defects, tort or otherwise), Microsoft's liability for any and all
resultant damages will be limited as follows:
notice that, based on the current state of technology, it is not possible to develop complex
software that is completely free of technical defects, which may occur in the future. The
software provided by Microsoft need not be completely free of programming errors but will
perform substantially in accordance with Microsoft's user documentation or, if no user
documentation exists in accordance with the relevant Statement of Services, industry
standards.
Supplement Terms and Conditions subsection 4e titled "DISCLAIMER OF OTHER
WARRANTIES" with the following:
SECTIONS 425 AND 560 OF THE CZECH COMMERCIAL CODE DO NOT APPLY TO
SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT.
Supplement Terms and Conditions subsection 6a titled "Limitation on liability" with the
following sentence:
The limitations contained in this paragraph reflect the damage that the parties expressly agree can be
foreseen at the time of conclusion of this agreement, taking into account all circumstances the parties
now or should know while exercising due care, and that can arise from a breach of Microsoft's
obligations under this agreement.
Supplement Terms and Conditions section 6 titled "Limitation of liability" with the
following:
e. Specific provisions in the Statement of Services. Where a Statement of Services
provides for contractual penalties for breaches of Microsoft's obligations under the
Statement of Services or this agreement, these contractual penalties will be applied
instead of damages. Customer will not be entitled to damages resulting from Microsoft's
breaches of a Statement of Services or this agreement for which contractual penalties
were agreed.
Supplement Terms and Conditions subsection 21 titled "Developments" with the
following:
The provisions of the Act on Joint Ownership (180/1958) are hereby excluded.
Supplement Terms and Conditions section 4 titled "Warranties" with the foliowing:
To the extent that Microsoft should be required to supply a yet to be produced movable thing
(herzustellende, bewegliche Sachs) or to the extent Microsoft's Services are, exceptionally,
considered work performances (Werkleistungen), the following provisions will apply to claims due to
defects in quality or defects in title (collectively referred to as "Defects ') but will not apply where the
claims are for damages or reimbursement of expenses.
The provisions contained in section entitled "Limitation of liability' shall apply to claims for damages or
expenses resulting from Defects.
I. Customers rights and their expiry will be exclusively determined in accordance with
applicable statutory law in the event of malicious non - disclosure of a Defect (arglistiges
Verschweigen).
g. Microsoft gives Customer express notice that, based on the current state of technology, it
is not possible to develop complex software Products that are completely free of technical
defects. The contractually- specified characteristics (vertragliche Beschaffenheit) for the
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Document X20 -03002
In cases of intentional acts, claims under the German Product Liability Act, malicious non-
disclosure of a Defect, as well as claims based on damage to life, body or health,
Microsoft's liability will be determined exclusively in accordance with statutory law.
I In cases of gross negligence, Microsoft's liability will be limited to typical foreseeable
damages. This limitation does not apply to the extent damages have been caused by
Microsoft's managing employees or legal representatives.
c. In cases of slight negligence, Microsoft will only be liable if Microsoft is in breach of such
contractual obligations, the fulfillment of which allows for the due performance of this
agreement, the breach of which would endanger the purpose of this agreement and the
compliance with which Customer may constantly trust in (so- called "cardinal obligations ").
In such cases, Microsoft's liability will be limited to typical and foreseeable damages. In
all other cases, Microsoft shall not be liable for slight negligence.
d. In cases of liability without fault for an inability to perform during delayed performance,
Microsoft's liability will also be limited to typical foreseeable damages.
e. In cases where Microsoft is required to supply a yet to be produced movable thing, any
claim for damages or expenses due to Defects is conditional upon Customers
ompliance with Customers obligations described in section 5d above to notify Microsoft
of all Defects.
f. Any claim for damages or expenses resulting from Defects will expire within one year.
For a supplied, yet to be produced, movable thing, the limitation period will start on the
delivery date; in cases of work performances, the limitation period will start on the date of
acceptance (Abnahme). This provision does not affect § 438, paragraph 1 Nr. 1 a) of the
German Civil Code.
Any other claims against Microsoft for damages or expenses will expire within two years
from the date the cause of action arises.
The provision contained in this subsection shall not apply to intentional acts or grossly
negligent behavior on Microsoft's part. In such cases, statutory law shall apply.
Supplement Terms and Conditions section 6 titled "Limitation of liability" with the
following:
d. Negotiated terms. The parties acknowledge that this agreement was entered into with
terms individually negotiated between the parties and that the parties had the opportunity
to offer amendment proposals to the drafts. Customer acknowledges that Microsoft has
expressly raised its attention to the terms and conditions set out in the sections entitled
"Warranties," "Defense of infringement, misappropriation, and third party claims,"
"Customer's agreement to protect" and "Limitation of liability" of this agreement and
Customer expressly acknowledges the acceptance of those terms.
e. Acknowledgement of limited liability and warranty. Customer agrees that provisions
of this agreement limiting or excluding the liability and /or warranty obligations of Microsoft
were agreed by the parties with respect to the price level offered by Microsoft to
Customer and to the usual terms and conditions applied in the information technology
industry. Customer acknowledges that Microsoft has stipulated its price levels and
license terms on the assumption that the liability and warranty limitations and exclusions
of this agreement are valid contractual terms. Customer also acknowledges that it is
acquainted with the provisions limiting and excluding Microsoft's liability and /or warranty
obligations and, by signing this agreement, Customer expressly accepts to be bound by
those provisions. Customer specifically accepts and agrees that it will not claim the
invalidity of the provisions of this agreement limiting or excluding Microsoft's liability
and /or warranty obligations. While entering into this agreement, the parties have
specifically taken into consideration Section 314 Paragraph (2) of the Hungarian Civil
Code, and accept that the contractual terms in their entirety adequately equalize the
21 liability and warranty limitations and exclusions of the agreement. Notwithstanding
MBSA2012AgnW W)(ENG)(0o2012) Page 19 of 23 MBSA2012AgnW W )(ENG)(OCt2012) Page 20 of 23
Document X20.03002 Document X20.03002
anything to the contrary in subsection entitled "Severebility" of this agreement, should any
of the liability and warranty limitations and exclusions provisions prove to be invalid or
unenforceable, the parties unanimously declare that they had not entered into this
agreement without such provisions in place, and should the invalidity of any such term be
established by the competent court, the parties agree to elect the invalidity of the entire
agreement.
Supplement Terms and Conditions section 11 titled "Miscellaneous" with the following:
p. Stamp tax. Microsoft will not be responsible for any stamp taxes that might be owed
pursuant to this agreement or to any Supplemental Agreement or Statement of Services
entered by Customer and /or Customers Affiliates. Upon Microsoft's request, Customer
and its Affiliates will provide to Microsoft evidence of payment of the appropriate stamp
taxes to the appropriate authorities.
Supplement Terms and Conditions section ll titled "Miscellaneous" with the following:
p. Continued access to improvements. Microsoft will make available to Customer,
through appropriate Statements of Services, continued access to improvements in
techniques and processes related to Products validly licensed to Customer.
Replace Terms and Conditions subsection 4e titled "DISCLAIMER OF OTHER
WARRANTIES" with the following:
e. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER
EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES. MICROSOFT DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, OR NON -
INFRINGEMENT. MOREOVER, MICROSOFT DISCLAIMS AND EXCLUDES ITS
LIABILITY UNDER WARRANTIES FOR DEFECTS (RFKOJMIA ZA WADY) OF
SERVICES OR OTHER GOODS SUPPLIED OR PERFORMED FOR THE CUSTOMER
ON THE BASIS OF THIS AGREEMENT OR ANY STATEMENT OF SERVICES.
FOREGOING EXCLUSION OF LIABILITY UNDER WARRANTIES APPLIES ALSO TO
THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, WITH RESPECT TO
WHICH MICROSOFT GRANTED ITS CUSTOMER THE RIGHT TO USE. THESE
DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.
Supplement Terms and Conditions section 6 titled "Limitation of liability" with the
following:
d. If the act or omission which caused the damage consisted in the non - performance or
improper performance by Microsoft of this agreement or any Statement of Service and at
the same time, constituted a base for the tort liability of Microsoft, the Customer will be
entitled to claim that such damage be repaired exclusively on the basis of this section of
the agreement and only within the scope set forth in subsection above entitled "Limitation
on liability"
Supplement Terms and Conditions subsection 2b(ii) titled "Pre- existing Work" with the
following:
M13SA2012Agr(W W)(ENG)(OU2012) Page 21 of 23
Document X20-03002
(including negligence), strict liability, breach of warranties, or any other legal theory.
However, these monetary limitations will not apply to
Replace Terms and Conditions subsection 7b titled "EXCLUSION OF CERTAIN
DAMAGES" with the following:
b. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER PARTY NOR ANY OF ITS AFFILIATES OR
CONTRACTORS WILL BE LIABLE (1) FOR ANY DAMAGES OTHER THAN ACTUAL
DAMAGES (DAMNUM EMERGENS) (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS OR REVENUES, OR BUSINESS INTERRUPTION), OR (2)
FOR LOSS OF BUSINESS INFORMATION, ARISING IN CONNECTION WITH ANY
AGREEMENT, PRODUCT, FIX OR SERVICE. THIS EXCLUSION OF LIABILITY DOES
NOT APPLY TO EITHER PARTY'S LIABILITY TO THE OTHER FOR VIOLATION OF
ITS CONFIDENTIALITY OBLIGATION OR OF THE OTHER PARTY'S INTELLECTUAL
PROPERTY RIGHTS.
Supplement Terms and Conditions subsection 4a(iii) with the following:
All Services are rendered under a contract of mandate in the sense of para. 394 at seq. of the
Swiss Code of Obligations.
Supplement Terms and Conditions section 6 titled "Limitation of liability" with the
following:
d. Application. Except as specified expressly in this section, the limitations on and
exclusions of liability for damages in this agreement (including any Supplemental
Agreement or Statement of Services incorporating these terms) apply regardless of
whether the liability is based on breach of contract, tort, breach of warranties, or any other
legal theory.
22
M13SA2012Agr(WW)(ENG)(OC 012) Page 23 of 23
Document X20.03002
Customer represents that the author has granted relevant approvals to modify
Customers pre - existing work. In addition to the other rights granted, Microsoft further
consents to the modification (if applicable) of any of Microsoft's Pre - existing Work as part
of a Services Deliverable, solely in the form delivered to Customer, and solely for
Customers internal business operations. Any violation of conditions of this agreement or
any Statement of Services by Customer will be a condition subsequent for obtaining the
perpetual license to Microsoft's Pre- existing Work that Microsoft leaves to Customer at
the wnclusion of Microsoft's performance of the Service.
Supplement Terms and Conditions subsection 4 titled "Warranties" with the following:
Microsoft's Services Deliverables are developed according to the most recent technical
and scientific knowledge. Microsoft gives Customer an express notice that, based on the
current state of technology, it is not possible to develop complex software products that
are completely free of technical defects, which may occur in future. The software
provided by Microsoft need not be completely free of programming errors but will perform
substantially in accordance with Microsoft's user documentation or 9 no user
documentation exists in accordance with the relevant Statement of Services.
Supplement Terms and Conditions subsection 4e titled "DISCLAIMER OF OTHER
WARRANTIES," with the following:
SECTIONS 425 AND 560 OF THE SLOVAK COMMERCIAL CODE DO NOT APPLY TO
SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT.
Supplement Terms and Conditions subsection 6a titled "Limitation on liability" with the
following sentence:
The limitations contained in this paragraph reflect the damage that the parties expressly
agree can be foreseen at the time of conclusion of this agreement, taking into account all
circumstances the parties know or should know while exercising due care and that can
arise from a breach of Microsoft's obligations under this agreement.
Supplement Terms and Conditions section 6 titled "Limitation of liability" with the
following:
d. Specific provisions in the Statement of Services. Where a Statement of Services
provides for contractual penalties for breaches of Microsoft's obligations under the
Statement of Services or this agreement, these contractual penalties will be applied
instead of damages. Customer will not be entitled to damages resulting from Microsoft's
breaches of a Statement of Services or this agreement for which contractual penalties
were agreed.
Replace Terms and Conditions subsection 6a titled "Limitation on liability" first paragraph,
with the following:
Limitation on liability. Except as otherwise specifically provided in this section, to the
extent permitted by applicable law, the liability of Microsoft and of Microsoft's Contractors
to Customer ansyg under this agreement is limited, to actual damages (damnum
emergens) (excluding loss of business information) up to the amount Customer has paid
for the Product or Services giving rise to the claims. In the case of Products or Services
provided free of charge, or code that Customer is authorized to redistribute to third parties
without separate payment to Microsoft, Microsoft's total liability is limited to US$5000.
These limitations apply regardless of whether liability is based on breach of contract, tort
M13SA2012Agr(W W )(ENG)(O.12012) Page 22 of 23
Document X20-03002
Volume Licensing
Enterprise Agreement
Contents
1. Definitions ................................................... ...............................
2. How the Enterprise and Enterprise Subscription programs
3. Licenses for Products ............................... ...............................
4. How to know what Product Use Rights apply ........................
5. Making copies of Products and re- imaging rights ................
6. Transferring and assigning Licenses ...... ...............................
7. Term and termination ................................ ...............................
8. Miscellaneous ............................................. ...............................
This Microsoft Enterprise Agreement is entered into between the entities identified on the signature form
Effective date. The effective date of this agreement is the effective date of the first Enrollment or the
date Microsoft accepts this agreement, whichever is earlier. Any reference in this agreement or an
Enrollment to "day" will be a calendar day.
This agreement consists of (1) these terms and conditions and the signature form, (2) the terms of either
the Microsoft Business Agreement or Microsoft Business and Services Agreement ( "Master AgreemenP)
identified on the signature form, (3) the Product List, (4) the Product Use Rights, and (5) any Enrollment
entered into under this agreement. If Customer is a qualifying government entity, the Qualifying
Government Entity Addendum is incorporated by reference.
Please note: Documents referenced in this agreement but not attached to the signature form may be
found at: Mild www.microsoft.com /licensing /contracts and are incorporated by reference, including the
Product List, Product Use Rights and Qualifying Government Entity Addendum. These documents may
contain additional terms and conditions for Products licensed under this agreement and may be changed
from time to time Customer and /or its Affiliates should review such documents carefully, both at the time
of signing and periodically, to ensure a full understanding of all terms and conditions applicable to
Products licensed and Services ordered.
Terms and Conditions
1. Definitions.
Terms used in this agreement but not defined will have the definition provided in the Master Agreement.
The following definitions also apply:
"Customer" means the entity that has entered into this agreement with Microsoft.
"Enrolled Affiliate" means an enfity, either Customer or any one of Customers Affiliates, that has entered
into an Enrollment under this agreement.
"Enrollment" means the document that an Enrolled Affiliate submits under this agreement to place orders
for Products and Services.
"Enterprise" means Enrolled Affiliate and the Affiliates it chooses to include on its Enrollment.
"License" means Enrolled Affiliate's right to use the quanfity of a Product ordered. For certain Products, a
License may be available on a subscription basis ( "Subscription License "). Licenses for Online Services
will be considered Subscription Licenses under this agreement.
"L &SA" means a License with Software Assurance for any Product ordered.
EA2012Agr(NA)(ENG)(0ct2012) Page 1 of 7
Document X20-03061
httos: / /www.microsoftcom /licensing /sewicecenter. Upon the effective date of this agreement
and any Enrollments, the contacts) identified for this purpose will be provided access to this
site and may authorize additional users and contacts.
3. Licenses for Products.
a. General. Enrolled Affiliate will have the number of Licenses ordered for the latest version of
a Product, and may use prior versions as permitted in the Product Use Rights, so long as it
timely orders and pays for all required Licenses for such Products and complies with
applicable license terms. The Licenses obtained under an Enrollment are not related to any
order or fulfillment of software media. The ability to use a Product ordered may be affected
by minimum hardware or software requirements.
b. Use by Affiliates. Enrolled Affiliate may sublicense its Licenses for Products to any Affiliates
included in its Enterprise, but these Affiliates may not sublicense these rights and their use
must be consistent with the terms of this agreement.
c. When Licenses become perpetual.
(i) A License is non - perpetual until Enrolled Affiliate has paid for a License in full and the
applicable initial Enrollment or renewal term during which the License was ordered must
have expired or been terminated as permitted in this agreement.
(ii) Subscription Licenses are never perpetual. If a buy -out option is available, Enrolled
Affiliate may obtain a perpetual License by exercising the buy -out option and paying for
the License in full.
(iii) Enrolled Affiliate will have perpetual Licenses to use the Products ordered in the latest
version available (or any prior version) as of the date of expiration, termination, or
renewal.
(iv) All perpetual Licenses granted under this agreement remain subject to the terms of this
agreement (including all license limitations) and such terms survive expiration or
termination of this agreement or an Enrollment.
d. Perpetual Licenses through Software Assurance. Perpetual Licenses received through
Software Assurance supersede and replace the underlying perpetual Licenses for which
Software Assurance coverage was ordered.
e. License confirmation. This agreement, the applicable Enrollment, Enrolled Affiliate's order
confirmation, and any documentation evidencing transfers of perpetual Licenses, together
with proof of payment, will be Enrolled Affiliate's evidence of all Licenses obtained under an
Enrollment.
f. Acquisitions, divestitures, and mergers. If the number of Licenses covered by an
Enrollment changes by more than ten percent as a result of (1) an acquisition of an entity or
an operating division, (2) a divestiture of an Affiliate or an operating division of Enrolled
Affiliate or any of its Affiliates, or (3) a merger including a merger with a third party that has an
existing agreement or Enrollment, Microsoft will work with Enrolled Affiliate in good faith to
determine how to accommodate its changed circumstances in the context of this agreement.
4. How to know what Product Use Rights apply
a. Product Use Rights. The Product Use Rights in effect on the effective date of an Enrollment
will apply to Enrolled Affiliate's use of then - current versions of each Product (excluding Online
Services). For future versions, the Product Use Rights in effect when those future versions
are first released will apply. In both rases, subsequent changes made by Microsoft to the
Product Use Rights for a particular version will not apply to Enrolled Affiliate's use of that
version, unless Enrolled Affiliate chooses to have such changes apply.
EA2012Agr(NA)(ENG)(0ot2012) Page 3 of 7
Document X20-03061
"Microsoft" means the Microsoft Affiliate that has entered into this agreement or an Enrollment and its
Affiliates, as appropriate.
"Reseller" means a large account Reseller authorized by Microsoft to resell Licenses under this program
and engaged by an Enrolled Affiliate to provide pre- and post- transaction assistance.
"Software Advisor' means an entity authorized by Microsoft and engaged by an Enrolled Affiliate to
provide pre- and post- transaction assistance.
"Software Assurance" means an offering that provides new version rights and other benefits for Products
as further described in the Product List.
2. How the Enterprise and Enterprise Subscription programs work.
The Enterprise and Enterprise Subscription programs establish a Customer's overall licensing framework
and the applicable terms and conditions. Under the Enterprise program, Customer may license Products
and procure Services by entering into Enrollments. The Enterprise Subscription program offers Customer
the same options as the Enterprise Program, but on a subscription basis, with an optional buy -out to
obtain perpetual Licenses.
a. Enrollments. The Enterprise program gives Customer and /or its Affiliates the ability to enter
into one or more Enrollments (e.g., Enterprise Enrollment, Enrollment for Application
Platform, Enrollment for Core Infrastructure) to order Products and Services. Subscription
Enrollments may be available for some of these Enrollments (e.g, Enterprise Subscription
Enrollment or Subscription Enrollment for Core Infrastructure).
b. Licenses. The types of Licenses available are L &SA, Licenses obtained under Software
Assurance and Subscription Licenses. Additional types of Licenses may be available as
identified on the Product List.
c. Choosing and maintaining a Software Advisor or Reseller. Depending upon Enrolled
Affiliate's location, it may need to order Products and Services either directly from Microsoft
or through its chosen Reseller. Each Enrolled Affiliate must choose and maintain a Reseller
or Software Advisor authorized in the Enrolled Affiliate's location.
(i) When ordering directly from Microsoft. Orders under a direct Enrollment will be made
directly to Microsoft. A Software Advisor will assist in the preparation of the order and
then transmit the order to Microsoft for Enrolled Affiliate. Microsoft will then directly
invoice Enrolled Affiliate according to the payment terms stated in the applicable
Enrollment.
(ii) When ordering through a Reseller. Orders under an indirect Enrollment will be made
to the Reseller. Microsoft will invoice the Reseller according to the terms in the
applicable Enrollment. The Reseller and Enrolled Affiliate will determine Enrolled
Affiliate's actual price and payment terms.
d. Pricing.
(i) Establishing price levels. Each Product generally is assigned to a Product pool (e.g.,
applications, systems, or servers). Each Product pool will be assigned one of four price
levels (A, B, C, or D). The method for determining an Enrolled Affiliate's price level for
each Product pool is described in an Enrollment.
(ii) Setting prices. The prices Microsoft charges to Enrolled Affiliate or Reseller, as
applicable, for each Product or Service are fixed throughout the Enrollment's initial or
renewal term as further described in an Enrollment.
a. Order requirements. Order requirements are outlined in each Enrollment.
f. Management and reporting. Customer and /or Enrolled Affiliate may manage account
details (e.g., contacts, orders, Licenses, software downloads) on Microsoft's Volume
Licensing Service Center ( "VLSC ") web site (or successor site) at:
EA2012Agr(NA)(ENG)(0d2012) Page 2 of 7
Document X20-03001
The use rights for Online Services and the process for updating them as the Online Services
evolve are detailed in the Product Use Rights.
b. Product Use Rights for earlier versions (downgrade). If Enrolled Affiliate runs an earlier
version of a Product than the version that was current on the Enrollment effective date, the
Product Use Rights for the version licensed, not the version being run, will apply. However, if
the earlier version includes components that are not part of the licensed version, any Product
Use Rights specific to those components will apply to Enrolled Affiliate's use of those
components.
5. Making copies of Products and re- imaging rights.
a. General. Enrolled Affiliate may make as many copies of Products, if applicable, as it needs
to distribute them within its organization. Copies must be true and complete (including
copyright and trademark notices) from master copies obtained from a Microsoft approved
fulfillment source. Enrolled Affiliate may use a third party to make these copies, but Enrolled
Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to
use reasonable efforts to notify its employees, agents, and any other individuals who use the
Products that the Products are licensed from Microsoft and subject to the terms of this
agreement.
b. Copies for traininglevaluation and back -up. For all Products other than Online Services,
Enrolled Affiliate may: (1) use up to 20 complimentary copies of any licensed Products in a
dedicated training facility on its premises for purposes of training on that particular Product,
(2) use up to 10 complimentary copies of any Products for a 60 day evaluation period, and (3)
use one complimentary copy of any licensed Product for back -up or archival purposes for
each of its distinct geographic locations. Trials for Online Services may be available if
specified in the Product Use Rights.
c. Right to re- image. In certain cases, re- imaging is permitted using the Product media. If the
Microsoft Product is licensed (1) from an original equipment manufacturer (OEM), (2) as a full
packaged Product through a retail source, or (3) under another Microsoft program, then
media provided under this agreement may generally be used to create images for use in
place of copies provided through that separate source. This right is conditional upon the
following:
(i) Separate Licenses must be owned from the source for each Product that is re- imaged.
(it) The Product, language, version, and components of the copies made must be identical to
the Product, language, version, and all components of the copies they replace and the
number of copies or instances of the re- imaged Product permitted remains the same.
(iii) Except for copies of an operating system and copies of Products licensed under another
Microsoft program, the Product type (e.g., upgrade or full License) must be identical to
the Product type from the separate source.
(iv) Enrolled Affiliate must adhere to any Product- specific processes or requirements for re-
imaging identified in the Product List.
(v) Re- images made under this subsection remain subject to the terms and use rights
provided with the License from the separate source.
(vi) This subsection does not create or extend any warranty or support obligation.
6. Transferring and assigning Licenses.
a. License transfers. License transfers are not permitted, except that Customer may transfer
fully -paid perpetual licenses to:
23 (1) an Affiliate, or
EA2012Agr(NA)(ENG)(0ot2012) Page 4 of 7
0ocument X20-03001
(ti) a third party solely in connection with the transfer of hardware or employees to whom the
licenses have been assigned as part of (1) a divestiture of an Affiliate or a division of an
Affiliate or (2) a merger involving Customer or an Affiliate.
Customer must notify Microsoft of a transfer of license by completing a transfer notice form,
which can be obtained from http: / /microsoff.com /licensing /contracts and send the completed
forth to Microsoft before the license transfer. No License transfer will be valid unless
Customer provides to the transferee, and the transferee accepts in writing, the applicable
Product Use Rights, use restrictions, limitations of liability (including exclusions and warranty
provisions), and the transfer restrictions described in this section. Any license transfer not
made in compliance with this section will be void.
b. Internal assignment of Licenses and Software Assurance. Licenses and Software
Assurance must be assigned to a single user or device within the Enterprise. Licenses may
be reassigned within the Enterprise as described in the Product Use Rights.
Term and termination.
a. Term. This agreement will remain in effect unless terminated by either party as described
below. Each Enrollment will have the term provided in that Enrollment.
b. Termination without cause. Either party may terminate this agreement, without cause,
upon 60 days written notice. In the event of termination, new Enrollments will not be accepted
but any existing Enrollment will continue for the term of such Enrollment and be governed by
this agreement.
c. Termination for cause. Either party may terminate an Enrollment if the other party
materially breaches its obligations under this agreement, including any obligation to submit
orders or pay invoices. Except where the breach is by its nature not curable within 30 days,
the terminating party must give the other party 30 days notice and opportunity to cure. If
Microsoft gives such notice to an Enrolled Affiliate, Microsoft also will give Customer a copy
of the notice and Customer agrees to help resolve the breach. If the breach affects other
Enrollments and cannot be resolved between Microsoft and Customer within a reasonable
period of time, Microsoft may terminate this agreement and all Enrollments under it. If an
Enrolled Affiliate ceases to be Customers Affiliate, Customer must promptly notify Microsoft,
and Microsoft may terminate its Enrollment. If an Enrolled Affiliate terminates its Enrollment
as a result of a breach by Microsoft, or if Microsoft terminates an Enrollment because
Enrolled Affiliate ceases to be Customer's Affiliate, then Enrolled Affiliate will have early
termination options described in an Enrollment.
d. Modification or termination of an Online Service for regulatory reasons. Microsoft may
modify or terminate an Online Service in any country where there is any current or future
government requirement or obligation that (1) subjects Microsoft to any regulation or
requirement not generally applicable to businesses operating there, (2) presents a hardship
for Microsoft to continue operating the Online Service without modification, and /or (3) causes
Microsoft to believe these terms or the Online Service may be in conflict with any such
requirement or obligation. For example, Microsoft may modify or terminate an Online Service
in connection with a government requirement that would cause Microsoft to be regulated as a
telecommunications provider.
e. Program updates. Microsoft may make a change to this program that will make it necessary
for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at the
time of an Enrollment renewal.
8. Miscellaneous.
a. Notices. Notices, authorizations, and requests in connection with this agreement must be
sent by regular or overnight mail, express courier, or fax to the addresses and numbers listed
EA2012Agr(NA)(ENG)(0ct2012) Page 5 of 7
Document X20-03061
24
EA2012Agr(NA)(ENG)(0ct2012) Page 7 of 7
Document X20-03061
on the signature form and in this agreement. Notices will be treated as delivered on the date
shown on the return receipt or on the courier or fax confirmation of delivery.
Copies should be sent to:
Microsoft Corporation
Legal and Corporate Affairs
Volume Licensing Group
One Microsoft Way
Redmond, WA 98052
USA
Via Facsimile (425) 936 -7329
Microsoft may provide information about upcoming Enrollment deadlines and Online Services
in electronic form. Such information may be provided by email to contacts provided by
Enrolled Affiliate under an Enrollment, or through a web site Microsoft identifies. Notice by
email is given as of the transmission date.
It. Order of precedence. In the case of a conflict between any documents referenced in this
agreement that is not expressly resolved in the documents, their terms will control in the
following order (1) the terms and conditions of the Master Agreement, (2) these terms and
conditions and the accompanying signature form, (3) an Enrollment, (4) the Product List, (5)
the Product Use Rights, (6) any other documents, and (7) all orders submitted under this
agreement.
c. Resellere and other third parties cannot bind Microsoft. Resellers, Software Advisors,
and other third parties do not have authority to bind or impose any obligation or liability on
Microsoft.
d. Applicable currency. Any payments made to Microsoft must be in the Microsoft approved
currency for the respective locale.
e. Advisor fee. Microsoft may pay fees to Software Advisors, Online Service Advisors, or other
third parties authorized by Microsoft. The fees are in exchange for their advisory services.
The payment of fees depends upon several factors, including the type of agreement under
which the Licenses are ordered, the quantity and type of Licenses Enrolled Affiliate orders,
and whether Enrolled Affiliate chooses to use an advisor.
f. Taxes. If any amounts are to be paid to Microsoft, the amounts owed are exclusive of any
taxes. Customer shall pay any applicable value added, goods and services, sales, or like
taxes that are owed with respect to any order submitted under this agreement and which are
permitted to be collected from Customer by Microsoft under applicable law. Customer shall
be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated
to pay including any taxes that arise on the distribution or provision of Products or
Professional Services by Customer to its Affiliates. Microsoft shall be responsible for all
taxes based upon its net income or on its property ownership.
If any taxes are required to be withheld on payments made by Customer to Microsoft,
Customer may deduct such taxes from the amount owed Microsoft and pay them to the
appropriate taxing authority; provided however, that Customer promptly secures and delivers
an official receipt for those withholdings and other documents reasonably requested by
Microsoft to claim a foreign tax credit or refund. Customer will make certain that any taxes
withheld are minimized to the extent possible under applicable law. Customer remains
obligated to pay Microsoft for the amount of tax withheld until Customer provides to Microsoft
the official receipt and other documents reasonably requested. Depending upon Customer's
jurisdiction or service delivery location, Online Services and Professional Services may be
taxed differently than Software.
EA2012Agr(NA)(ENG)(0ot2012)
Page 6 of 7
Document X20-03061
W Volume Licensing
Enterprise Enrollment (Direct) Government
Enterprise Enrollment number Earliest e,,irin, previous 2013 -04 -30
Micm_o to complete Enrollment end date
Previous Enrollment number 7756383
SoRwsre Ativisor to cnm0iete
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities identfed on the signature form
as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customer's
Affiliate, that entered into the Enterprise Agreement identified on the signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Customer Price Sheet, (5) any
supplemental contact information form or Previous Agreement/Enrollment form that may be required, (6)
the Online Services Supplemental Terms and Conditions if Customers Master Agreement is a version
2009 or earlier and Enrolled Affiliate is ordering Online Services, and (7) any order submitted under this
Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this
Enrollment is accepted by Microsoft.
Term. This Enrollment will expire on the last day of the month, 36 full calendar months from the effective
date unless otherwise renewed. Any reference in this Enrollment to "day" will be a calendar day.
Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment
or agreement, the previous Enrollment or agreement number and end date must be identified in the
respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software
Assurance or MSDN details, the Previous Agreement/Enrollment form must be used.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement and
applicable Master Agreement. The following definitions also apply:
"Additional Product" means any Product identified as such in the Product List and chosen by Enrolled
Affiliate under this Enrollment.
"Customer Price Sheet" means the written statement provided to Enrolled Affiliate for the initial and any
subsequent orders. The Software Advisor or Microsoft Account Manager will provide Enrolled Affiliate
with a Customer Price Sheet. This will contain Enrolled Affiliate's Product and Services initial order,
pricing, and billing terns.
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
EA2012Enr (Dir)(NA)(ENG)(Oct2012) Page 1 of 11
Document X20-03346
a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive
use rights than the version that is current at the start of the applicable initial or renewal term
of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of
that Product during the term.
b. Qualifying systems Licenses. The operating system Licenses granted under this program
are upgrade Licenses only. Full operating system Licenses are not available under this
program. If Enrolled Affiliate selects any Desktop Platforn, Windows Desktop Operating
System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects
to run the Windows Desktop Operating System Upgrade must be licensed to ran, and have
installed on them, one of the qualifying operating systems identified in the Product List. Note
that the list of operating systems that qualify for the Windows Desktop Operating System
Upgrade varies with the circumstances of the order. That list is more extensive at the time of
the initial order than it is for some subsequent orders and system refreshes during the term of
this Enrollment. Exclusions are subject to change when new versions of Windows are
released.
For example: The following are not considered qualifying operating systems: (1) ANY
Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are
examples of exclusions only and may change. Please see the Product List for all current
qualifying operating systems.
c. Transitions. The following requirements apply to Transitions:
(t) Licenses with active Software Assurance or Subscription Licenses may be Transitioned
at any time if permitted in the Product List. While Enrolled Affiliate may Transition any
time, it will not be able to reduce Licenses or associated Software Assurance prior to the
end of the Transition Period.
(ti) Enrolled Affiliate must order the Licenses to which it is transitioning for the year(s)
following the Transition Period.
(iii) If a Transition is made back to a License that had active Software Assurance as of the
date of Transition, then Software Assurance will need to be re- ordered for all such
Licenses on a prospective basis following the Transition Period. Software Assurance
coverage may not exceed the quantity of perpetual Licenses for which Software
Assurance was current at the time of any prior Transition. Software Assurance may not
be applied to Licenses transferred by Enrolled Affiliate.
(iv) If a device -based License is Transitioned to a user -based License, all users of the device
must be licensed as part of the Transition.
(v) If a user -based License is Transitioned to a device -based License, all devices accessed
by the user must be licensed as part of the Transition.
d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in
perpetual Licenses paid in full.
(t) New version rights will be granted for perpetual Licenses covered by Software Assurance
up to the end of the Transition Period.
(ii) For L &SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have
perpetual Licenses for a proportional amount equal to the amounts paid for the
Transitioned Product as of the end of the Transition Period.
(iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or
Subscription Licenses, all rights to Transitioned Licenses cease at the end of the
Transition Period.
25
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
may only be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this
program.
"Expiration Date" means the date upon which the Enrollment expires.
"Industry Device" (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (e.g., personal computer), a
multi - function server, or a commercially viable substitute for one of these systems; and (2) only employs
an industry or task - specific software program (e.g., a computer -aided design program used by an
architect or a point of sale program) ( "Industry Program "). The device may include features and functions
derived from Microsoft software or third -party software. If the device performs desktop functions (e.g.,
email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal
finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry
Program functionality; and (2) must be technically integrated with the Industry Program or employ
technically enforced policies or architecture to operate only when used with the Industry Program
functionality.
"Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Professional locally (in a physical or virtual operating system environment), or (2) a device used
to access a virtual desktop infrastructure ( "VDI "). Qualified Devices do not include any device that is: (1)
designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not managed
(as defined in the Product List at the start of the applicable initial or renewal term of the Enrollment) as
part of Enrolled Affiliate's Enterprise.
At its option, the Enrolled Affiliate may designate any device that is used by or for the benefit of the
Enrolled Affiliate's Enterprise (e.g., Industry Device) as a Qualified Device for all or a subset of Enterprise
Products or Online Services the Enrolled Affiliate has selected.
"Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product List.
"Reserved License" means for an Online Service identified as eligible for true-ups in the Product List, the
License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
"Transition" means the conversion of one or more License(s) to or from another License(s). Products
eligible for Transition and permitted Transitions are identified in the Product List.
"Transition Period" means the time between the Transition and the next Enrollment anniversary date for
which the Transition is reported.
2. Purpose
This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise
Products, Enterprise Online Services, and Additional Products and Services. Enrolled Affiliate may
choose between on- premise software and Online Services as well as the ability to transition Licenses to
Online Services while maintaining Enterprise -wide coverage. Additionally, Enterprise Online Services may
be purchased without Enterprise -wide coverage.
3. Product Use Rights, Qualifying Systems Licenses, and Transitions.
In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment:
EA2012En r(Dlr)(NA)(ENG)(OCt2012) Page 2 of 11
Document X20-03346
4. Pricing.
a. Price levels. For both the initial and any renewal term, price levels will be established in the
Product Selection Form based on the applicable Product pools and four price levels (A,B,C,
or D).
b. Mid -term price level changes. Upon Enrolled Affiliate's request, Microsoft will establish a
new price level for future orders, not including orders intended to adjust prior orders, if
Enrolled Affiliate qualifies for a different price level. Microsoft may also establish a new price
level for future orders if Enrolled Affiliate no longer qualifies for their current price level. Any
changes will be based upon price level rules in the Product Selection Form.
c. Setting prices. Enrolled Affiliate's prices for each Product or Service are fixed throughout
the Enrollment term based upon current prices at the time of the initial order for the Product
or Service, except as described in the Section titled "Mid -term price level changes." This
includes the following:
(i) Any future pricing (if applicable); and
(it) Prices for Transitions, including any prices related to the use of a Product during the
Transition Period (if applicable).
5. Order requirements.
a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250
Qualified Users or Qualified Devices.
(t) Initial order. Initial order must include at least 250 Licenses from one of the groups
outlined in the Product Selection Form.
(it) If choosing Enterprise Products. If choosing Enterprise Products in a specific group
outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an
Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise
Products and corresponding Enterprise Online Services for that group.
(iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products and Services.
(iv) Country of usage. Enrolled Affiliate must specify the countries when: Licenses will be
used on its initial order and on any additional orders.
b. Adding Products.
(i) Adding new Products not previously ordered. Enrolled Affiliate may add new
Enterprise Products by entering into a new Enrollment or as part of a renewal. New
Enterprise Online Services may be added by contacting a Microsoft Account Manager or
Software Advisor. New Additional Products, other than Online Services, may be used if
an order is placed in the month the Product is first used. For Additional Products that
are Online Services, an initial order for the Online Service is required prior to use.
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products must be indoded In the ne,,t true -up order. Enrolled Affiliate must purchase
Services and Licenses for Online Services prior to use, unless the Online Services are
(1) identified as eligible for true -up in the Product List or (2) included as part of other
Licenses (e.g., Enterprise CAL).
c. True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for
changes since the initial order or last true -up order, including: (1) any increase in Licenses,
including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2)
Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted).
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Document X20-03346 Document X20-03346
Microsoft, at its discretion, may validate the customer true -up data submitted through a formal
product deployment assessment using an approved Microsoft partner.
The true -up order must be received by Microsoft between 60 and 30 days prior to the
Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days
prior to the Expiration Date. Enrolled Affiliate may true -up more often than at each
Enrollment anniversary date except for Subscription License reductions.
(i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified
Devices and Qualified Users (if ordering user -based Licenses) and order the License
difference (if any), including any Enterprise Online Services.
(it) Additional Products. For Products that have been previously ordered, Enrolled Affiliate
must determine the Additional Products used and order the License difference (if any).
(iii) Online Services. For Online Services identified as eligible for true -up orders in the
Product List, Enrolled Affiliate may first reserve the additional Licenses prior to use.
Microsoft will provide a report of Reserved Licenses in excess of existing orders to
Enrolled Affiliate and its Software Advisor. Reserved Licenses will be invoiced
retroactively for the prior year based upon the month in which they were reserved.
(iv) Late true -up order. If the true -up order is not received when due:
1) Microsoft will invoice Enrolled Affiliate for all Reserved Licenses not previously
ordered.
2) Transitions and Subscription License reductions cannot be reported until the
following Enrollment anniversary date for at Enrollment renewal, as applicable).
(v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an
increase in Licenses to be included on the true -up order and a reduction of Licenses for
prior orders. Reductions in Licenses will be effective at end of the Transition Period.
Associated invoices will also reflect this change. For Licenses paid upfront, Microsoft will
issue a credit for the remaining months of Software Assurance or Subscription Licenses
that were reduced as part of the Transition.
(vi) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscripfion Licenses on a prospective basis if permitted in the Product List as follows:
1) For Subscription Licenses part of an Enterprise -wide purchase, Licenses may be
reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices identified on the Product
Selection Form. Step -up Licenses do not count towards this total count.
2) For Enterprise Online Services not a part of an Enterprise -wide purchase, Licenses
can be reduced as long as the initial order minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up
order Enrollment anniversary date and effective as of such date.
(vii)Update statement. An update statement must be submitted instead of a true -up order if,
as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1)
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate's authorized
representative. The update statement must be received by Microsoft between 60 and 30
days prior to the Enrollment anniversary date. The last update statement is due within 30
days prior to the Expiration Date.
EA2012Enr (Dlr)(NA)(ENG)(Oct2012)
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Document X20-03346
1) Extended Term. If Enrolled Affiliate does not renew prior to the Expiration Date,
access to the Online Services will automatically continue month -to -month in
accordance with the terms of the Enrollment ( "Extended Term "). Online Services will
be invoiced monthly at the then - current published price for Enrolled Affiliate's price
level as of the Expiration Date plus a 3% administrative fee for up to one year. If
Enrolled Affiliate does not want an Extended Temt, Enrolled Affiliate must submit a
request to Microsoft. Microsoft must receive the request not less than 30 days prior to
the Expiration Date.
2) Cancellation during Extended Term. If Enrolled Affiliate does not intend to continue
with the Extended Term, Enrolled Affiliate must submit a notice of cancellation for
each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received the notice.
(iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled
Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the
Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled
Affiliate's Enterprise must discontinue use. Microsoft may request written certification to
verify compliance.
(iv) Customer Data. Upon expiration or termination of a License for Online Services,
Enrolled Affiliate must tell Microsoft whether to:
1) disable its account and then delete its Customer Data ( "Data Deletion'); or
2) retain its Customer Data in a limited function account for at least 90 days after
expiration or termination of the License for such Online Service (the "Retention
Period ") so that Enrolled Affiliate may extract its Customer Data.
3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract
its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled
Affiliate will be able to extract its Customer Data through Microsoft's standard
processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any
applicable costs. If Enrolled Affiliate does not indicate either Data Deletion or a
Retention Period, Microsoft will retain Enrolled Affiliate's Customer Data in
accordance with the Retention Period.
4) Following the expiration of the Retention Period, Microsoft will disable Enrolled
Affiliate's account and then delete its Customer Data.
5) Enrolled Affiliate agrees that, other than as described above, Microsoft has no
obligation to continue to hold, export or return Enrolled Affiliate's Customer Data.
Enrolled Affiliate agrees Microsoft has no liability whatsoever for deletion of Enrolled
Affiliate's Customer Data pursuant to these terms.
Termination for cause. Any termination for cause of this Enrollment will be subject to the
"Termination for cause" Section of the agreement.
Early termination. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by
Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to
be Customer's Affiliate, then Enrolled Affiliate will have the following optons for Licenses,
excluding Subscription Licenses:
(1) It may immediately pay the total remaining amount due, including all installments, in
which case, Enrolled Affiliate will have perpetual rights for all Licenses it has ordered (for
the latest version of Products ordered under Software Assurance coverage in an initial or
renewal term); or
(ii) It may pay only amounts due as of the termination date, in which case Enrolled Affiliate
will have perpetual Licenses (for the latest version of Products ordered under Software
Assurance coverage in an initial or renewal term) for (1) all copies of Products for which
26
d. Step -up Licenses. For Licenses eligible for a step -up under this Enrollment, Enrolled Affiliate
may step -up to a higher edition or suite as follows:
(i) For step -up Licenses included on a Customer Price Sheet, Enrolled Affiliate may order
according to the true -up process.
(ii) If step -up Licenses are not included on a Customer Price Sheet, Enrolled Affiliate may
step -up initially by following the process described in the Section titled "Adding new
Products not previously ordered," then for additional step -up Licenses, by following the
true -up order process.
(iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product
and wants to step -up to an Enterprise Online Service eligible for a Transition, the step -up
may be reported as a Transition.
(iv) If Enrolled Affiliate Transitions a License, it may be able to further step -up the
Transitioned License. If Enrolled Affiliate chooses to step -up and the step -up License is
separately eligible to be Transitioned, such step -up Licenses may result in a License
reduction at the Enrollment anniversary date following the step -up.
Payment terms
a. Standard payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront
or elect to spread its payments over the applicable Enrollment term. If spread payments are
elected, unless indicated otherwise on the Customer Price Sheet, Microsoft will invoice
Enrolled Affiliate in three equal annual installments. The first installment will be invoiced
upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date.
Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may
elect to pay annually or upfront for Online Services and upfront for all other Licenses.
b. Extended payment terms. Extended payment terms are payment terms that allow for
monthly, quarterly, semi - annual, or customized structured payments, as well as modified
payment timing on standard payment terms ( "Extended Payment Terms "). Depending on
Enrolled Affiliate's location, Enrolled Affiliate may have the ability to request Extended
Payment Terms for an order.
7. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for
Licenses for Products it has used but has not previously submitted an order, except as
otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date, Enrolled Affiliate can renew Products and Services
by renewing the Enrollment for one additional 36 full calendar month term or signing a new
Enrollment. Microsoft must receive a Product Selection Form and renewal order prior to or at
the Expiration Date. The renewal term will start on the day following the Expiration Date.
Microsoft will not unreasonably reject any renewal. Microsoft may make a change to this
program that will make it necessary for Customer and its Enrolled Affiliates to enter into new
agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for
any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order
Software Assurance later without first acquiring L &SA.
(ii) Online Services eligible for an Extended Term. For Online Services identified as
eligible for an Extended Term in the Product List, the following options are available at
the end of the Enrollment initial or renewal term.
EA2012En r(Dlr)(NA)(ENG)(OCt2012)
Page 6 of 11
Document X20 -03346
payment has been made in full, and (2) a proportional number of copies of Products it
has ordered for which payment has been made.
For Subscription Licenses, in the event of a breach by Microsoft, Enrolled Affiliate will receive
a credit for any amount paid in advance that would apply after the date of termination.
EA2012Enr (Dlr)(NA)(ENG)(Oct2012) Page 7 of 11 EA2012En r(Dir)(NA)(ENG)(0Ct2012)
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Page 6 of 11
Document X20-03346
Enrollment Details
1. Enrolled Affiliate's Enterprise.
Identify which Affiliates are included in the Enterprise (Required). Affiliates must be separate legal
entities, not departments, divisions, or business units. Check only one box in this section:
® Enrolled Affiliate only
❑ Enrolled Affiliate and all Affiliates
❑ Enrolled Affiliate and the following Affiliate(s):
❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
Please indicate whether Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start
of this Enrollment: Include future Affiliates
2. Contact information.
Each parry will notify the other in writing if any of the information in the following contact information
page(s) changes. The asterisks ( *) indicate required fields. By providing contact information, Enrolled
Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and
other parties that help administer this Enrollment. The personal information provided in connection with
this Enrollment will be used and protected in accordance with the privacy statement available at
httos://www.m icrosoft .comAicensinc /serviceconter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others.
Name of entity (must be legal entity name)* The City of Saint John.
Contact name: First* Brian Last* Woods
Contact email address* brian.woods @saintjohn.ca
Street address* 15 Market Square, City Hall, 9th Floor
City" Saint John
StatelProvince* New Brunswick
Postal code* E2L 4L1-
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx)
Country* Canada
Phone 506 - 649 -7950
Tax ID -
EA2012Enr (Dir)(NA)(ENG)(Oct2012) Peg.9 of 11
Document x20-03346
❑ This contact is from a third party organization (not the entity). Warning: This contact
receives personally identifiable information of the entity.
* indicates required field
f. Software Advisor information. Software Advisor's contact for this Enrollment is:
Software Advisor company name* Bell Canada
Street address (PO boxes will not be accepted)* 1 Carrefour Bell, Building A, Floor 2
City* Verdun
State /Province* Quebec
Postal code* H3E 3133
Country* Canada
Contact name* Scott McElman
Phone 902 -495 -2730
Contact email address* scott.mcelman @bell.ca
" indicates required field
The undersigned confirms that the information is correct.
Name of Software Advisor* Bell Canada
Signature*
Printed name* Scott McElman
Printed title* Microsoft Alliance Manager
Date*
* indicates required field
Changing a Software Advisor. If Microsoft or the Software Advisor chooses to discontinue
doing business with each other, Enrolled Affiliate must choose a replacement Software
Advisor. If Enrolled Affiliate or the Software Advisor intends to terminate their relationship,
the initiating party must notify Microsoft and the other party using a form provided by
Microsoft at least 90 days prior to the date on which the change is to take effect.
g. If Enrolled Affiliate requires a separate contact for any of the following, attach the
Supplemental Contact Information form. Otherwise, the notices contact and Online
Administrator remains the default.
(1) Additional Notices Contact
(it) Software Assurance Manager
(iii) Subscriptions Manager
(iv) Customer Support Manager (CSM) contact
3. Financing.
Is a purchase under this Enrollment being financed through MS Financing? No
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not
to finance any associated taxes, it must pay these taxes directly to Microsoft Licensing, GP.
27
EA2012Enr (Dlr)(NA)(ENG)(Oct2o12) Page 11 of 11
Document X20-03346
* indicates required field
b. Notices contact and Online Administrator. This contact (1) receives the contractual
notices, (2) is the Online Administrator for the Volume Licensing Service Center and may
grant online access to others, and (3) is authorized to reserve Licenses for eligible Online
Services, including adding or reassigning Licenses, stepping -up, and initiating Transitions
prior to a true -up order.
® Same as primary contact
Name of entity*
Contact name: First* Last*
Contact email address*
Street address*
City*
State /Province*
Postal code* -
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx)
Country*
Phone
Language preference. Choose the language for notices. English
❑ This contact is a third party (not Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required field
c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is:
Microsoft Account Manager name: Zahra Jiwani
Microsoft Account Manager email address: zajiwa @microsoft.com
d. Billing contact. This is the contact to which Microsoft will send invoices
® Same as primary contact
Name of entity*
Accounts payable contact name: First* Last*
Accounts payable contact email address*
Street address*
city"
State /Province*
Postal code*
Country*
Phone
* indicates required field
e. Online Services Manager. This contact is authorized to (1) manage the Online Services
ordered under the Enrollment and (2) reserve Licenses for eligible Online Services, including
adding or reassigning Licenses, stepping -up, and initiating Transitions poor to a true -up
order.
® Same as notices contact and Online Administrator
Name of entity*
Contact name: First* Last*
Contact email address*
Street address*
City"
State /Province*
Postal code*
Country*
Phone
EA2012En r(Dlr)(NA)(ENG)(O.t2012)
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Document X20-03346
IM, Microsoft
Volume Licensing
Previous Enrollment(s) /Agreement(s) Form
Entity Name: The City of Saint John.
Contract that this form is attached to: Enterprise Enrollment
For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program
agreement.
Please provide a description of the previous Enrollment(s), Agreement(s) and /or Affiliate
Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN
subscribers to this new contract. Entity shall ensure that each MSDN subscriber
transferred is either properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agmement that contains SA or Online
Services will be the effective date of the new contract (or SA coverage period for Select
Plus).
e. Please insert the number and expiration date of the earliest expiring
Enrollment/Agreement with SA or Online Services in the appropriate fields of the new
contract.
Enrollmenf/Agreement
/Affiliate Registration
Description
Enterprise
Enrollment/
A ent /Affiliate
reePublic
Registration
Customer Number
��0®
Expiration
Pr
Date
fn—F¢g atr.6nr
r r r
Transfer
SA
Benefit
Details
Transfer
MSDN
Subscribers
--
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P— EnrAgrFOrn(W W)(ENG)(Jul2011)
Page 1 012
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P— EnrAgrFOrn(W W)(ENG)(Ju12011)
Ims Microsoft Volume Licensing
Microsoft Licensing, GP
Commodity Tax Terms & Conditions (Canada Only) (Direct)
This document establishes the Delivery Address (as defined in section 1(b) below) and the commodity tax
terms & conditions for purchases of licenses, services, software assurance, online services, or other
products (collectively "Products ") purchased under the associated enrollment.
This form must be submitted for all new direct enrollments for customers with a Delivery Address located
within Canada (hereinafter "Customer). Furthermore, if Customer is applying a tax exemption in section
4 below, this form must be submitted to Microsoft Licensing, GP ( "MLGP ") for approval prior to
submission of the related enrollment for acceptance.
For purposes of this document, commodity tax includes Goods and Services Tax, Harmonized Sales Tax,
Quebec Sales Tax, and Provincial Sales Tax, as defined by the applicable laws or authority of the
Delivery Address jurisdiction and the Canada Revenue Agency ( "Commodity Tax ").
1. CUSTOMER INFORMATION
a. Customers legal entity name as it appears on the enrollment (i.e. the 'Primary Contact' on the
enrollment and program signature form):
Customer's Legal Name: * THE CITY OF SAINT JOHN.
b. Customer's Delivery Contact Information: Customer's ship -to, electronic delivery or primary
access address as it applies to the enrollment ( "Delivery Address "):
Delivery Address: * 15 Market Square, City Hall, 9th Floor
Delivery City: * Saint John
Delivery Province: * New Brunswick Delivery Postal Code: * E2L 41-1
c. The enrollment is for which Licensing Program (e.g. EA, EAS, ECI)? * EA
d. Enrollment Number (to be completed by MLGP): 1
2. APPLICATION OF COMMODITY TAXES: Commodity Tax shall be applied to purchases made
under the enrollment based on the laws or authority of the Delivery Address jurisdiction provided in
section 1(b) above. Commodity Tax is not based on any other address identified or indicated on an
invoice. Any other addresses or location(s) identified on an invoice (e.g. country of usage) are for
internal reference only.
3. LIABILITY FOR TAXES: Customer shall pay any applicable Commodity Tax or other transaction
taxes that are owed with respect to any order submitted under this enrollment and which are
permitted to be collected from Customer by MLGP under applicable law or authority. Unless
otherwise specified, prices do not include applicable federal, state, and local taxes, duties, tariffs,
and similar fees imposed by any government, all of which shall be listed separately on the invoice.
MLGP and Customer (collectively "Parties "), individually, are solely responsible for paying all
applicable state, local, excise, and similar taxes and duties for which they are responsible. MLGP
will add Commodity Tax to the sales price based upon the one Delivery Address provided by
Customer in Section 1(b) of this form, and Customer will pay such taxes unless Customer provides
MLGP with a duly executed Commodity Tax exemption certificate for the single Delivery Address
provided by Customer in Section 1(b) of this form. Neither Party shall be held individually
accountable for the tax obligations of the other Party.
MSSa les TaxT sandCs(EA)(CAN)(ENG)(Apr2013) Mlcrosoft Licensing, GP COmm.dRY Tax Terms 8 Page 1 of 2
Conditions Document X20.06068
r_TJ
4. CERTIFICATION OF COMMODITY TAX EXEMPTION
Complete this section if a Commodity Tax exemption applies to the purchases
made under this enrollment.
Pursuant to the law(s) of the jurisdiction for the Delivery Address indicated in 1(b) above,
purchases made under this enrollment should not include Commodity Tax based on the
attached exemption documentation identified in the drop -down menu below:
[Click here to choose document type if an exemption applies]
Exemption applies to:* GSTIHST only ❑, PST only ❑, both GST and PST ❑
Any pre - approval granted shall be void if the Customer's legal name in Section 1(a) does
not match the enrollment submitted for processing.
5. COMMODITY TAX STATUS CHANGE REQUEST: MLGP has, in good faith, relied upon the
Customer's representations regarding Commodity Tax exemption status for the enrollment, as
identified in Section 4 of this form. If Customer later requests a change in the Commodity Tax
exemption status, the Commodity Tax exemption status change will be applied on a prospective
basis to invoices issued under this enrollment after the date that the Commodity Tax exemption
status change is processed by MLGP.
MSSa les TaxT sandCs(EA)(CAN)(ENG)(Apr2013) Microsoft Licensing, GP Commodity Tax Terms & Page 2 of 2
Conditions Document X20-06068
i� Microsoft Volume Licensing
Qualifying Government Entity Addendum
Th is Qualifying Govemment Entity Addendum modifies the terms of the Select or Select Plus
( "Agreement ") or Enterprise or Enterprise Subscription Agreement (Agreement") as follows:
1. The following definition is added:
"Eligible Entity" means a public sector entity that meets the criteria set out at
htto: / /www.microsoft.com /licensina /contracts in the document entitled "Microsoft Government
Eligibility Definition."
2. The definitions of "Customer" and "Affiliate" are amended as
follows:
When used in this Agreement or Enrollment, as applicable, "Customer refers to the Eligible Entity that
signs this Agreement/Enrollment with Microsoft, and the definition of "Affiliate ", as set forth in the
Master Agreement, is modified to include only Eligible Entities located in the same country as the
Eligible Entity signing this Agreement/Enrollment, as applicable, with Microsoft.
3. The following pricing provision is added:
Customer represents that Customer and Customer's Affiliates are Eligible Entities. As an Eligible
Entity, Customer may receive price level D for all Products and pools under this
Agreement/Enrollment, as applicable.
4. The following "Mid -term Cancellation for Non - appropriation of
Funds" provision is added:
Termination of Enrollment — non- appropriation of funds. Subject to the provisions in the Section
titled "Effect of termination or expiration," a Customer or an Enrolled Affiliate may terminate an
Agreement or Enrollment without liability, penalty or further obligation to make payments if funds to
make payments under the Agreement or Enrollment are not appropriated or allocated for such
purpose.
Effect of termination. Upon termination of any Enrollment, the Enrolled Affiliate must order Licenses
for all copies of Products it or its Affiliates have run under its Enrollment for which the Enrolled Affiliate
has not previously submitted an order. Except as provided in the next paragraph, in the event of
termination, all unpaid installments of the purchase pace for any Licenses will immediately become
due and payable, and the Enrolled Affiliate will be entitled to perpetual Licenses only after all such
payments have been made.
Early termination. If Customer or Enrolled Affiliate terminates an Enrollment for non - appropriation of
funds, or Microsoft terminates an Enrollment for non - payment due to non - appropriation of funds of
Customer or Enrolled Affiliate, then Customer or the Enrolled Affiliate will have the following options:
a. It may immediately pay the total remaining amount due, including all installments, in
which case the Enrolled Affiliate will have perpetual Licenses for all copies of the
Products it has ordered, or
b. It may pay only amounts due as of the termination date, in which case the Enrolled
Affiliate will have perpetual Licenses for (1) all copies of all Products for which payment
has been made in full, and (2) the number of copies of Products it has ordered (including
the latest version of Products ordered under SA coverage in an initial or renewal term) for
which payment has been made in installments that is proportional to the total of payments
made versus total amounts due if the early termination had not occurred.
GuallyingGo,EMityAddendum(W W )E %EMEA(ENG)(JU12011) Page 1 of 2
W
5. Where "Extended Term" is available for eligible Online Services,
the following is added:
Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an
Extended Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the
request not less than 30 days prior to the Expiration Date.
Qu.liyingG.VEntityAddend..(V W)E.EMEA(ENG)(Jul20l 1)
Microsoft I Volume Licensing
The City of Saint John.
Microsoft Volume Licensing - Customer Price Sheet - Final Pricing
Quote Number:
0044194.002 Payment Schedule:
Annual
Creation Date:
5/15/2013 Billing currency:
CAD
Effective Duration:
30 days Term Of Agreement:
3 Years
Enrollment number:
Opportunity ID:
6- 6H5ZGVVMQ
BDSG ML
Direct Enterprise Enrollment - New Quote
Customer Contact
Brian Woods
The City of Saint John.
Phone:
15 Market Square, City Hall, 9th Floor
Fax:
Saint John, NB, Canada, E21- 41-1
brian.woods saintjohn.ca
Partner Contact(s)
Software Advisor
Scott McElman
Bell Canada
Phone: 902 -495 -2730
1 Carrefour Bell„ Building A, Floor 2
Fax:
Verdun, QC, Canada, H3E 3B3
scott.mcelman bell.ca
Microsoft Contact
Roxane Swirsky
rswirskyRrnicrosoft.conn
New Purchases
Purchase Order Information
Sections
Purchase Order Number
Purchase Order Date
Section 1
31
The City of Saint John.
Quote Number:0044194.002
Quote Summary
Summary Item
Totals (CAD)
Total deal value (3 Years)
532,750.08
Total deal value per year
177,583.3
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The City of Saint John.
Quote Number: 0044194.002
SECTION 1 - Licenses and Software Assurance
Pricing & Usage Year 1
Product Description Part Number Net Unit Price (CAD) License Quantity Usage Country Extended Amount (CAD)
Enterprise
OfficeProPlus ALNG SA MVL Pltfrm
269 -12442
114.84
252
Canada
28,939.68
WinPro ALNG SA MVL Pltfrm
FOC -02460
42.12
252
Canada
10,614.24
CoreCAL ALNG SA MVL Pltfrm UsrCAL
W06 -01072
49.56
262
Canada
12,984.72
Government Worker
OfficeProfts ALNG SA MVL Plffrm
269 -12442
114.84
321
Canada
36,863.64
WinPro ALNG SA MVL Plffrm
FOC -02460
42.12
321
Canada
13,520.52
CoreCAL ALNG SA MVL Pltfrm DvcCAL
VV06 -01069
43.56
321
Canada
13,982.76
CTM
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33
The City of Saint John.
Quote Number: 0044194.002
Additional Products
VisioStd ALNG SA MVL
D86 -01253
62.40
17
Canada
1,060.8
ExchgSvrEnt ALNG SA MVL
395 -02504
873.96
3
Canada
2,621.8
LyncSvr ALNG SA MVL
5HU -00216
786.48
2
Canada
1,572.9
LyncSVrEnCAL ALNG SA MVL DvcCAL
7AH -00283
23.28
226
Canada
5.261.2
LyncSvrPlusCAL ALNG SA MVL DvcCAL
YEG -00398
23.28
226
Canada
5.261.2
SharePointEntCAL ALNG SA MVL UsrCAL
76N -02550
20.52
20
Canada
410.40
SharePointSvr ALNG SA MVL
H04 -00268
1,466.76
2
Canada
2.933.52
SQLSvrStdCore ALNG LicSAPk MVL 21-ic
CoreLic
7NO -00302
1,804.92
7
Canada
12,634.44
SysCtrStd ALNG SA MVL 2Proc
T91--00223
190.32
2
Canada
380.64
WinRmtDskipSrvcsCAL ALNG UcSAPk MVL
DvcCAL
6VC -01251
42.56
3
Canada
127.68
WinRmtDskipSrvcsCAL ALNG SA MVL DvcCAL
6VC -01253
18.24
11
Canada
200.64
WinSvrDalaCtrALNG SA MVL 2Proc
P71 -07282
1,037.64
3
Canada
3,112.9
WinSvrDataCtr ALNG SASU MVL WinSvrStd
2Proc
P71 -07281
1,977.04
10
Canada
19,770.4
WinSvrStd ALNG SA MVL 2Proc
P73 -05898
190.32
28
Canada
5,328.9
Total Year 1 Payment 177,583.36
Invoice Date: Enrollment Effective Date or d received after Enrollment Effective Date upon our acceptance
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The City of Saint John.
Quote Number:0044194.002
Pricing & Us a a Year 2
Product Description Part Number Net Unit Price (CAD) ILicense Quantityl Usage Country I Extended Amount (CAD)
Enterprise
OfficeProPlus ALNG SA MVL Pltfrm
269 -12442
114.84
252
Canada
28,939.68
WinPro ALNG SA MVL Pltfrm
FOC -02460
42.12
252
Canada
10,614.24
CoreCAL ALNG SA MVL Pltlrm UsrCAL
W06 -01072
49.56
262
Canada
12,984.7
Government Worker
OfficeProPlus ALNG SA MVL Pltfrm
269 -12442
114.84
321
Canada
36,863.
WinPro ALNG SA MVL Pltfrm
FOC -02460
42.12
321
Canada
13,520.5
CoreCAL ALNG SA MVL Pltfrm DvcCAL
W06 -01069
43.56
321
Canada
13.982.7
CTM
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The City of Saint John.
Quote Number: 0044194.002
Additional Products
VisioStd ALNG SA MVL
D86 -01253
62.40
17
Canada
1,060.80
ExchgSvrEnt ALNG SA MVL
395 -02504
873.96
3
Canada
2,621.88
Lync$vr ALNG SA MVL
5HU -00216
786.48
2
Canada
1,572.96
LyncSVrEnCAL ALNG SA MVL DvcCAL
7AH -00283
23.28
226
Canada
5,261.28
LyncSvrPlusCAL ALNG SA MVL DvcCAL
YEG -00398
23.28
226
Canada
5,261.28
SharePointEntCAL ALNG SA MVL UsrCAL
76N -02550
20.52
20
Canada
410.4
SharePointSvr ALNG SA MVL
H04 -00268
1,466.76
2
Canada
2,933.5
SQLSvrStdCore ALNG LicSAPk MVL 2Lic
CoreUc
7NQ -00302
1,804.92
7
Canada
12.634.44
SysClrStd ALNG SA MVL 2Proc
T9L -00223
190.32
2
Canada
380.64
WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL
DvcCAL
6VC -01251
42.56
3
Canada
127.68
WinRmtDsktpSrvcsCAL ALNG SA MVL DvcCAL
6VC -01253
18.24
11
Canada
200.64
WinSvrDataCtr ALNG SA MVL 2Proc
P71 -07282
1,037.64
3
Canada
3,112.92
WinSvrDataCtr ALNG SASU MVL WinSvrStd
2Proc
P71 -07281
1,977.04
10
Canada
19,770.40
WinSvrStd ALNG SA MVL 2Proc
P73 -05898
190.32
28
Canada
5,328.96
Total Year 2 Payment 177,583.36
Invoice Date: 1st Anniversary Date
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The City of Saint John.
Quote Number: 0044194.002
Pricing & Usage Year 3
Product Description Part Number Net Unit Price (CAD) License Quantity Usage Country Extended Amount (CAD)
Enterprise
OfficeProPlus ALNG SA MVL Pltfrm
269 -12442
114.84
252
Canada
28,939.68
WinPro ALNG SA MVL Pltfrm
FQC -02460
42.12
252
Canada
10,614.24
CoreCAL ALNG SA MVL PINrm UsrCAL
W06 -01072
49.56
262
Canada
12,984.72
Government Worker
OfficeProPlus ALNG SA MVL Pltfrm
269 -12442
114.84
321
Canada
36,863.64
WinPro ALNG SA MVL Pltfrm
FOC -02460
42.12
321
Canada
13.520.52
CoreCAL ALNG SA MVL Pltfrm DvcCAL
W06 -01069
43.56
321
Canada
13.982.76
CTM
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37
The City of Saint John.
Quote Numbev0044194.002
Additional Products
VisioStd ALNG SA MVL
D86 -01253
62.40
17
Canada
1,060.80
ExchgSvrEnt ALNG SA MVL
395 -02504
873.96
3
Canada
2,621.88
LyncSvr ALNG SA MVL
5HU -00216
786.48
2
Canada
1,572.96
LyncSVrEnCAL ALNG SA MVL DvcCAL
7AH -00283
23.28
226
Canada
5,261.28
LyncSvrPtusCAL ALNG SA MVL DvcCAL
YEC-00398
23.28
226
Canada
5,261.28
SharePointEntCAL ALNG SA MVL UsrCAL
76N -02550
20.52
20
Canada
410.4
SharePointSvr ALNG SA MVL
H04 -00268
1,466.76
2
Canada
2,933.5
SQLSvrStdCore ALNG LicSAPk MVL 2Lic
CoreLic
7NQ -00302
1,804.92
7
Canada
12,634.44
SysCtrStd ALNG SA MVL 2Proc
T9L -00223
190.32
2
Canada
380.6
WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL
DvcCAL
6VC -01251
42.56
3
Canada
127.6
WinRmlDsktpSrvcsCAL ALNG SA MVL DvcCAL
6VC -01253
18.24
11
Canada
200.64
WinSvrDataCtr ALNG SA MVL 2Proc
P71 -07282
1,037.64
3
Canada
3,112.9
WinSvrDataCtr ALNG SASU MVL WinSvrStd
2Proc
P71 -07281
1,977.04
10
Canada
19,770.40
WinSvrStd ALNG SA MVL 2Proc
P73 -05898
190.32
28
Canada
5,328.96
Total Year 3 Payment 177,583.36
Invoice Date: 2nd Anniversary Date
TOTAL SECTION 1 VALUE YEARS 1 - 3 532,750.08
TOTAL DEAL VALUE YEARS 1- 3 532,750.08
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The City of Saint John.
Quote Number: 0044194.002
Future Pricing
Enterprise Products
Product Description Part Number
Pricing Information
Net Unit True up Price (CAD)
Bridge CAL Transition Enterprise Products
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
CoreCALBridgelntune ALNG LicSAPk MVL PltfrmTrnstn UsrCAL
U4J -00046
185.64
154.68
CoreCALBridgelntune ALNG SA MVL Pltfrm UsrCAL
U4J -00004
77.04
38.52
CoreCALBridgelntuneandOff365 ALNG LicSAPk MVL PltfrmTmstn UsrCAL
6FJ -00038
29.76
24.84
CoreCALBridgelntuneandOff365 ALNG SA MVL Pltfrm UsrCAL
6FJ -00020
12.48
6.24
CoreCALBridgeOff365 ALNG LicSAPk MVL PltfrmTmstn UsrCAL
U3J -00038
77.04
62.52
CoreCALBridgeOff365 ALNG SA MVL Pltfrm UsrCAL
U3J -00004
-
35.04
17.52
Net Unit True up Price (CAD)
Bridge CAL Transition Government Worker Products
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
CoreCALBridgelntune ALNG LicSAPk MVL PltfrmTrnstn DvcCAL
U4J -00045
160.92
134.1
CoreCALBridgelntune ALNG SA MVL Pltfrm DvcCAL
U4J -00003
67.20
33.6
CoreCALBridgelnluneandOff365 ALNG LicSAPk MVL PllfrmTmstn DvcCAL
6FJ -00037
25.92
21.6
CoreCALBridgelntuneandOff365 ALNG SA MVL Pltfrm DvcCAL
6FJ -00019
10.80
5.4
CoreCALBridgeOff365 ALNG UcSAPk MVL PltfrmTmstn DvcCAL
U3J -00037
67.20
54.4
CoreCALBridgeOff365 ALNG SA MVL Pltfrm DvcCAL
U3J -00003
30.72
15.3
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Quote Number 0044194.002
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40
Net Unit True up Price (CAD)
True -Ups - Enterprise Products
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
OfficeProPlus ALNG LicSAPk MVL Pltfrm
269 -12445
546.60
454.68
362.76
WinPro ALNG UpgrdSAPk MVL Pkfnn
FOC -02462
158.52
131.88
105.24
CoreCAL ALNG LicSAPk MVL Pltfrm UsrCAL
W06.01066
252.60
212.28
171.96
Net Unit True up Price (CAD)
True -Ups - Government Worker Products
Year 1 -
Year 2.
Year 3 -
Payment 1
Payment 1
Payment 1
OfficeProPlus ALNG LicSAPk MVL Plffrm
269 -12445
546.60
454.68
362.76
WinPro ALNG UpgrdSAPk MVL Ptfrm
FQC -02462
158.52
131.88
105.24
CoreCAL ALNG LicSAPk MVL Pltfrm DvcCAL
W06 -01063
219.78
184.62
149.46
Net Unit True up Price (CAD)
Step -Ups - Enterprise Products
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
EntCAL ALNG SASU MVL fromCoreCAL Pltfrm UsrCAL wSrvcs
76A -00004
243.36
199.20
155.04
Net Unit True up Price (CAD)
Step -Ups - Government Worker Products
Year 1 •
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
EntCAL ALNG SASU MVL fromCoreCAL Pltfrm OvcCAL wSrvcs
76A -00001
211.38
173.10
134.6
Net Unit True up Price (CAD)
Higher Editions - Enterprise Products
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
EntCAL ALNG LicSAPk MVL Plffrm UsrCAL wSrvcs
76A -00010
495.96
411.48
327.0
Net Unit True up Price (CAD)
Year 1 •
Year 2 -
Year -
Higher Editions - Government Worker Products
Payment 1
Payment 1
Payment 1
EntCAL ALNG LicSAPk MVL Pltfrm DvcCAL wSrvcs
76A -00007
431.16
357.72
284.28
CTM
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Quote Number:0044194.002
Enterprise Online Services
Product Description Part Number Net Unit Price(CAD) I month
Transition Enterprise Products
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr CoreCAL
T7A -00027
1.99
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr OffProPls
T7A -00028
5.99
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PrUsr OffProPls/
CoreCAL
T7A -00025
0.00
Off365PE3 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr CoreCAL
UT6-00036
12.25
Off365PE3 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr OffProPls
UT6 -00035
8.17
Off365PE3 ShrdSvr ALNG SubsVL MVL GvOnly Trnstn PerUsr OffProPls/
CoreCAL
UT6 -00054
0.00
Off365PE4 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr CoreCAL
9OA -00038
14.29
Off365PE4 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr OffProPls
9OA -00033
10.21
Off365PE4 ShrdSvr ALNG SubsVL MVL GvOnly Trnstn PrUsr OfliceProPtus/
ECAL
90A -00035
0.00
Off365ProPlus ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr
OffProPls
3JJ -00006
0.00
VDA ALNG SubsVL MVL Pltfrm Trnstn PerDvc WinPro
4ZF -00176
0.00
Off365PE1 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr CoreCAL
T6A -00055
0.00
WinlntunUSL ALNG SubsVL MVL Trnstn PerUsr CoreCAL
U5U -00003
5.42
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The City of Saint John.
Quote Number: 0044194.002
Transition Government Worker Products
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr CoreCAL
T7A -00027
1.99
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr OffProPls
T7A -00028
5.99
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PrUsr OffProPls!
CoreCAL
T7A 00025
0.00
Off365PE3 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr CoreCAL
UT6 -00036
12.25
Off365PE3 ShrdSvr ALNG SubsVL MVL GovOnly Tmstn PerUsr OffProPls
UT6 -00035
8.17
Off365PE3 ShrdSvr ALNG SubsVL MVL GvOnly Tmstn PerUsr OffProPls/
CoreCAL
UT6 -00054
0.00
Off365PE4 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr CoreCAL
9OA -00038
14.29
Off365PE4 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr OffProPfs
9OA -00033
10.21
Off365PE4 ShrdSvr ALNG SubsVL MVL GvOnly Tmstn PrUsr OfficeProPlus/
ECAL
90A -00035
0.0
Off365ProPlus ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr
OffproPls
3JJ -00006
0.0
VDA ALNG SubsVL MVL Pfffrrn Tmstn PerDvc WnPro
4ZF -00176
0.0
Off365PE1 ShrdSvr ALNG SubsVL MVL GovOnly Trnstn PerUsr CoreCAL
T6A -00055
0.0
WinlntunUSL ALNG SubsVL MVL Trnstn PerUsr CoreCAL
U5U -00003
5.4
Suggested Enterprise Products
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
T7A -00029
4.5
Off365PE3 ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
UT6 -00040
19.1
Off365PE4 ShrdSvr ALNG SU MVL GovOnly PerUsr
90A -00046
14.8
Off365ProPlus ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
3JJ -00005
11.07
DsktpOptmztnPkforSA ALNG SubsVL MVL PerDvc forWinSA
WSB -00068
0.65
VOA ALNG SubsVL MVL Pltfrm PerDvc
4ZF -00033
6.56
Off365PE1 ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
T6A -00056
5.99
WinlntunUSL ALNG SubsVL MVL PerUsr
U511J-00001
5.42
CTM
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The City of Saint John.
Quote Number: 0044194.002
Suggested Government Worker Products
Off365PE2 ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
T7A -00029
4.56
Off365PE3 ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
UT6 -00040
19.12
Off365PE4 ShrdSvr ALNG SU MVL GovOnly PerUsr
9OA -00046
14.80
Off365ProPlus ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
3JJ -00005
11.07
DsktpOptmztnPkforSA ALNG SubsVL MVL PerDvc forVVInSA
WSB -00068
0.65
VDA ALNG SubsVL MVL Pltfrm PerDvc
4ZF -00033
6.56
Off365PE1 ShrdSvr ALNG SubsVL MVL GovOnly PerUsr
T6A -00056
5.99
VlAnlntunUSL ALNG SubsVL MVL PerUsr
U51J-00001
5.42
CTM
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43
The City of Saint John.
Quote Number: 0044194.002
Additional Products
Product Description Part Number
Pricing information
Net Unit True up Price (CAD)
True -Ups
Year 1 -
Year 2 -
Year 3 -
Payment t
Payment 1
Payment 1
VisioStd ALNG LicSAPk MVL
D86 -01175
371.16
308.76
246.36
ExchgSvrEnt ALNG LicSAPk MVL
395 -02412
5,680.74
4,806.78
3,932.82
LyncSvr ALNG LicSAPk MVL
5HU -00215
5,112.36
4,325.88
3,539.40
LyncSVrEnCAL ALNG UcSAPk MVL DvcCAL
7AH -00281
150.84
127.56
104.28
LyncSvrPiusCAL ALNG LicSAPk MVL DvcCAL
YEG -00396
150.84
127.56
104.28
SharePoinlEntCAL ALNG LicSAPk MVL UsrCAL
76N -02427
133.50
112.98
92.46
SharePointSvr ALNG LicSAPk MVL
H04 -00232
9,533.70
8,066.94
6,600.18
SQLSvrStdCore ALNG LicSAPk MVL 2Lic CoreLic
7NQ -00302
5,028.00
4,254.48
3,480.96
SysCtrStd ALNG LicSAPk MVL 2Proc
T9L -00222
1,237.32
1.047.00
856.68
WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL DvcCAL
6VC -01251
118.56
100.32
82.08
WinSvrDataCtr ALNG LicSAPk MVL 2Proc
P71 -07280
6,744.78
5,707.14
4,669.50
WinSvrStd ALNG LicSAPk MVL 2Proc
P73 -05897
1,237.32
1,047.00
656.68
CTM
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The City of Saint John.
Quote Number: 0044194.002
CTM
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45
Net Unit True up Price (CAD)
Step -Ups
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
VisioPro ALNG SASU MVL VisioStd
D87 -02227
346.02
287.82
229.6
SQLSvrEntCore ALNG SASU MVL 2Uc SQLSvrStdCore CoreLic
7JQ -00448
14,252.58
12,059.82
9,867.0
SysCtrDatactr ALNG SASU MVL SysCtrStd 2Proc
T6L -00315
2.134.981
1,806.541
1,478.1
WinSvrDataCtr ALNG SASU MVL WinSvrStd 2Proc
P71 -07281
5,507.46
4,660.14
3,812.8
Net Unit True up Price (CAD)
Higher Editions
Year 1 -
Year 2 -
Year 3 -
Payment 1
Payment 1
Payment 1
VisioPro ALNG UCSAPk MVL
D87 -01057
717.18
596.58
475.9
SQLSvrEntCore ALNG LicSAPk MVL 2Lic CoreLic
7JQ -00341
19,280.58
16,314.30
13.348.0
SysCtrDatactr ALNG UcSAPk MVL 2Proc
T61 -00237
3,372.30
2,853.54
2,334.7
CTM
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The City of Saint John.
Quote Number: 0044194.002
Product Notes
Note 1: Annual Enterprise Price Per Desktop /Device is the Total of the Enterprise Product and (if applicable) Enterprise Online Service Year 1 payments divided by the number of desktops/devices.
Note 2: If the payment structure is changed, the list price may not reflect the actual list price but may be updated to reflect the payment structure chosen.
Note 3: Average Annual Price Per Desktop/Device is the Total Year 1 payments divided by the number of desktops/devices.
Note 4: Microsoft Support Services: Declining purchase of Premier Services may result in additional risk exposure to Enterprise IT environment including potential downtime, compatibilityrintegration issues, and poor end
user experiences resulting from a less optimized environment with Microsoft software. Microsoft Enterprise Customers who purchase Premier Support exhibit significantly higher satisfaction rates with our Software and are
better able to maximize their returns on investment through a managed support relationship with proactive and reactive support services.
[ J Customer acknowledges that Microsoft Premier Support is not included in this Enterprise Agreement because no Premier Support SKUs are listed on this Price Sheet.
Note 5: The purchase of Services for which Enrolled Affiliate is invoiced under these terms and conditions is strictly at Enrolled Affiliate's option. Enrolled Affiliate understands there is no obligation to purchase Services from
Microsoft. Enrolled Affiliate further understands that the price of Services purchased from Microsoft is the same regardless of whether Customer chooses to license Microsoft software under Customer's Enterprise Agreement
or through any other Microsoft Services channel.
Note 6: For Monthly Subscription Licenses, including Online Services, Total Extended Amount will be prorated to reflect Monthly Net Unit Price multiplied by Months Remaining multiplied by License Quantity. If the Usage Date
changes to a later date which impacts Months Remaining, this Extended Amount will be reduced to reflect this proration. These Subscription Licenses are identified with a Usage Indicator of "Adjustable" for the initial Pricing
and Usage period. For 12 month fixed term Online Services orders. Months Remaining is not impacted when Usage Date changes and the and Extended Amount will not be modified. For any Subscription Licenses with a
Usage Indicator of "Fixed", the Usage Date and Extended Amount will not change. The Usage Start Date and Usage Indicator only applies to the initial Pricing and Usage period. Subsequent Pricing and Usage periods align
to continue coverage until the end of the subscription term.
Note 7: Choosing to submit a step -up order or true -up order for Enterprise CAL suite requires stepping up all Core CALs to the higher edition.
Note 8: Unless otherwise indicated, if Enrolled Affiliate is Transitioning from LBSA or Software Assurance after the initial Enrollment order, the Extended Amount invoiced for year(s) following the Transition Period will be
adjusted by the Net Unit Price multiplied by License Quantity.
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Page 16 of 18
The City of Saint John.
Quote Number: 0044194.002
Note 9: Unless otherwise indicated, if Enrolled Affiliate is Transitioning from Monthly Subscription Licenses after the initial Enrollment order, the Extended Amount invoiced for year(s) following the Transition Period will be
adjusted by the Monthly Net Unit Price multiplied by Months Remaining multiplied by License Quantity.
Note 10: Unless otherwise indicated, if Enrolled Affiliate's initial Enrollment order has spread annual payments selected, then Enrolled Affiliate submits a true -up order with upfront payment required. Transitions will first be
applied to Licenses or Software Assurance on the initial Enrollment order.
Note 11: Future Monthly Subscription pricing is expressed in monthly terms to support pro-ration of months remaining in the Enrollment based on usage date of order. Online Services must be ordered prior to deployment,
except where permitted through License Reservation for those Online Services eligible for the true -up or annual order process.
Note 12: For on- premise Subscription Licenses, true -up order must reflect the correct Usage Date when incremental Product quantity was first used or Qualified Devices/Users (if applicable) were added.
Note 13: Transition Period means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported.
Note 14: For Transition Period Licenses, Future Monthly Subscription pricing is applied to the Transition Period. The transition period part number and price are replaced with Non - Transition Period Licenses at Enrollment
anniversary in conjunction with a License reduction for Product License(s) from which Enrolled Affiliate is transitioning.
Note 15: Transitions from Core CAL or Enterprise CAL require purchasing the associated Bridge CAL, effective after the Transition Period until Enrollment Expiration.
Note 16: Bridge CALs applied after the Transition Period for Licenses which have not been paid in full or granted, require L &SA. Price for these may be reflected as a single upfront payment. However, payments on these
may be spread annually if the CAL from which the Bridge CAL is being transitioned had spread annual payments.
Note 17: True -ups are only applicable to Enterprise Products, eligible Enterprise Onlne Services and Additional Products (including eligible Online Services but not Service Offerings).
Note 18: Bridge CALs with Software Assurance added as part of a Transition on a true -up order are eligible for upfront or spread annual payments.
Note 19: For Online Services eligible for true -up or annual order processes, the true -up or annual order must reflect the date of any License Reservations. License Reservations are available through the Volume Licensing
Service Center at: hftp: / /www.microsoft.com/ licensing /servicecenter /default.aspx.
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Page 17 of 18
The City of Saint John.
Quote Number: 0044194.002
Terns and Conditions
Unless otherwise indicated on the Customer Price Sheet, Microsoft will invoice Enrolled Affiliate in 3 equal annual installments. The first installment will be invoiced upon acceptance of the Enrollment, and thereafter on the
anniversary of the Enrollment.
Delivery and Payment Terms: Subject to Microsoft's review of Enrolled Affiliate's financial condition and overall creditworthiness, all amounts will be due and owing within 30 calendar days of the date of Microsoft's invoice.
This payment due date is specified on the invoice. The terms of any extension of credit under this Enrollment may be revised or withdrawn at any time upon Microsoft's written notice and non - payment within payment terms
may result in the Enrolled Affiliate's Enrollment being placed on hold or terminated. Microsoft may, at its option, assess a finance charge of the lesser of 1% per month, or part thereof, or the highest amount allowed by law on
II past due amounts from the first day the amount is past due until the amount is paid in full, and will be payable on demand. Enrolled Affiliate must make all payments in the form of bank wire transfers or electronic funds
transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions Microsoft provides on its invoice to Enrolled Affiliate.
Taxes: The amounts owed are exclusive of any taxes. Enrolled Affiliate shall pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order submitted under this Enrollment
and which are permitted to be collected from Enrolled Affiliate by Microsoft under applicable law. Enrolled Affiliate shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay
ncluding any taxes that apse on the distribution or provision of Products or Services by Enrolled Affiliate to its Affiliates. If any taxes are required to be withheld on payments made by Enrolled Affiliate to Microsoft. Enrolled
Affiliate may deduct such taxes from the amount owed Microsoft and pay them to the appropriate taxing authority; provided however, that Enrolled Affiliate promptly secures and delivers an official receipt for those withholdings
and other documents reasonably requested by Microsoft to claim a foreign tax credit or refund. Enrolled Affiliate will make certain that any taxes withheld are minimized to the extent possible under applicable law. Enrolled
Affiliate remains obligated to pay Microsoft for the amount of tax withheld until Enrolled Affiliate provides to Microsoft the official receipt and other documents reasonably requested. Depending upon Customers jurisdiction,
Online Services may be taxed the same as the Products sold under this agreement or the Online Services may be taxed differently than that of the underlying Products. It is Enrolled Affiliate's responsibility to determine the
proper classification of the Online Services for purposes of those taxes.
PLEASE NOTE: At the start of each tern of an Enrollment, price levels are established for that term based upon terms in the applicable Agreement and Enrollment. For Direct Enrollments, final pricing is established by the
ioensing Microsoft affiliate based on the applicable price levels and other factors. For Indirect Enrollments, final pricing is established by the Customers reseller based on the applicable price levels and other factors.
Therefore, Customers should not expect to receive the same pricing across different Enrollments, particularly when the Enrollments are under different channel models (Direct and Indirect). If an Affiliate is not included under
his Enrollment, but signs a separate Enrollment, that Affiliate may be subject to pricing other than what has been established in this Enrollment. While the payment on an initial order and any order for Online Services may be
spread annually across the term of the Enrollment, any subsequent additional product and true -up orders for License & Software Assurance are invoiced in total unless otherwise specified.
Method for determining Enrolled Affiliate's price levels is described in the Agreement and Enrolment.
The Customer Price Sheet is confidential between the licensing Microsoft Affiliate and Enrolled Affiliate. However, Enrolled Affiliate must provide the signed final Customer Price Sheet to Enrolled Affiliate's Software Advisor.
The Software Advisor will in turn submit the Customer Price Sheet along with the complete and signed Enrollment to the Microsoft Affiliate to process for billing.
After a Customer with on- premises Product Licenses transitions to Online Services, the Customer may, at Customer's option transition back to their original Product Licenses. If you wish to transition back to your on-
premises Product License, please contact your Account Manager, License Advisor, or Reseller for assistance.
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Page 18 of 18
r Microsoft Volume Licensing
Enterprise Enrollment Product Selection Form —
Specialized Profile Amendment
Amendment ID CTM
Enrollment Number
�rtroso srete m.lmelrem 6- 6F15ZGVVMQ
set �n�rem re�awe,l
The following Amendment replaces the standard Enterprise and Enterprise Subscription Enrollment
Product Selection Fonn.
Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise
Online Services on the initial enrollment order. Choose both if applicable.
® Enterprise Products
a. Enterprise Profile:
Choose platform option: Professional Desktop
Qualified Devices: 252 Qualified Users: 262
b. Specialized Profile': Government Worker
Choose platform option: Professional Desktop
Qualified Devices: 321 Qualified Users: 1075
❑ Enterprise Online Services2
Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial
Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has
selected for optional future use, or to which it is transitioning or stepping -up within Enrollment
term. Products for which the Enrolled Affiliate has an option to transition or step -up should be
listed in Step 3.
Office Professional Plus
Office Pro Plus 252 321
Office Pro Plus for Office 365
Office 365 Plans
Office 365 Plan E1
Office 365 Plan E2
Off ice 365 Plan E3
Office 365 Plan E4
Client Access License CAL . Choose 1 option for each rofile.
® Core CAL, includin Brid a CAL's if a liceble
Core CAL
262
321
Core CAL Bridge for Office 365
2,399
A
Core CAL Bridge for-Windows,
Intune
call center locations and primarily used by call center agents. Call Center Qualified Users
Core CAL Bridge for Office 365 and
Windows Intune
Client Access License+
2 583
❑ Enterprise CAL ECAL
B
Office 365 Plans E1 -E4
ECAL
5,999
Manufacturing Qualified Devices are Qualified Devices that are located in Enrolled
ECAL Bridge for Office 365
3. 583
6,000 to
ECAL Bridge for Windows Intune
Intune Add — I Windows Intune
POS Qualified Devices are Qualified Devices that are located in Enrolled Affiliate's retail
ECAL Bridge for Office 365 and
Windows Intune
locations and used primarily as POS devices. POS Qualified Users are users of these
Windows Desktop Upgrade+
The Client Access License selection must be the same across the Enterprise for each
profile. Specify whether licensing CAL per Device or User.
Enterprise Profile: User
Specialized Profile: Device
Windows Desktop
Windows OS Upgrade 252 321
Windows VDA
Windows Intune
Windows Intune
Windows Intune Add-on
Other Enterprise Products
Microsoft Desktop Optimization Pack
MDOP
If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the
following:
a. The Windows Desktop Operating System Upgrade licenses offered through this
Enrollment am not full licenses. The Enrolled Affiliate and any included Affiliates have
qualifying operating system licenses for all devices on which the Windows Desktop
Operating System Upgrade or Windows Intune licenses are run.
Id. In order to use a third party to mimage the Windows Operating System Upgrade, Enrolled
Affiliate must certify that it has acquired qualifying operating system licenses. See the
Product List for details.
Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected
for optional future use where not selected on the initial enrollment order (above):
® Office Pro Plus for Office 365
® Office 365 Plan E7
® Office 365 Plan E2
®Office 365 Plan E3
® Office 365 Plan E4
® Ente rise CAL ECAL Step-up, including Bridge QALs
® Windows Intune
® Windows Intune Add-on
Step 4. Establish the Enrolled Affiliate's Price Level. Enrolled Affiliate must first count the quantity
of Software Assurance and Licenses in each of the groups as described below by using the
quantities entered in the above table for both profiles. If Enrolled Affiliate does not order an
Enterprise Product or Enterprise Online Service associated with an applicable Product pool,
the price level for Additional Products in the same pool will be price level "A" throughout the
EnrAmend(WW)(ENG)(Nov2011) Custom Product Seledion Faun— Specialized Pmfl, BB EmAmendffiW)(ENG)(Nov2011) Custom Nadi- Belecdon From— Spedalized Profile BD
CTMW 127 Peg.1 cf 1 CTM -M127 Page 2 of 3
term of the Enrollment. Do not include Bridge CALa, as License quantities are determined by
the corresponding Enterprise Online Service(s). If Enrolled Affiliate is a government entity,
please see the Qualifying Government Entity Addendum pricing provision.
Products
Office Professional Plus +ce
Offius
Price City f'.m
Group above
250 to
branch offices and pnmarily used as bank teller workstations. Bank Teller Qualified
Professional Pl for Office 365 +
1 573
2,399
A
Office 365 Plans E2 -E4
call center locations and primarily used by call center agents. Call Center Qualified Users
are me, of these Qualified Devices
Client Access License+
2 583
2,400 to
B
Office 365 Plans E1 -E4
Qualified Users are users of these Qualified Devices.
5,999
Manufacturing Qualified Devices are Qualified Devices that are located in Enrolled
Client Access License + Windows
3. 583
6,000 to
C
Intune Add — I Windows Intune
POS Qualified Devices are Qualified Devices that are located in Enrolled Affiliate's retail
14,999
locations and used primarily as POS devices. POS Qualified Users are users of these
Windows Desktop Upgrade+
4 573
15,000
D
Windows VDA+ Windows Intune
Arfiliate''a municipal antl community services locations and primarily used by city
m to ties. Government Worker Qualified Users are users of these Qualified Devices
and above
e
Enterprise Products and Enterprise Online Services: Unless
otherwise
indicated in associated Agreement documents, set price level using the
D
highest uami from Grou s 1 ihrou h 4
Additional Product Application Pool: Unless otherwise indicated in
as Agreement documents, set price level using quantity
from
D
Group 1
Additional Product Server Pool: Unless otherwise indicated in associated
Agreement documents, set price level using the highest quantity
from
D
Grou 2or3
Additional Product Systems Pool: Unless otherwise indicated in
associated Agreement documents, set price level using quantity
from
D
Group 4
' Specialized Profiles are defined in the table below:
2 Enterprise Online Services may not be available in all locations. Please see the Product List for a list of
locations where these may be purchased.
s Additional Products may be included an the order, but are not selected on this form.
4 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA.
s MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune.
This Amendment must be attached to a signature form to be valid.
W
EnrAm.nd(ww)(ENG)(N.V2011) Custom Product Beledion From— Specialized P.M. BD
CTM -M127 Page 3 of 3
Bank Teller Qualified Devices are Qualified Devices that are located in Enrolled Affiliate's
Bank Teller
branch offices and pnmarily used as bank teller workstations. Bank Teller Qualified
Users are users of these Qualified Devices.
Call Center Qualified Devices are Qualified Devices that are located in Enrolled Affiliates
Call Center
call center locations and primarily used by call center agents. Call Center Qualified Users
are me, of these Qualified Devices
Clinical Worker Qualifietl Devices are Qualified Devices that are located in Enrolled
Clinical Worker
Affiliate's healthcare clinics and primarily used by clinical workers. Clinical Worker
Qualified Users are users of these Qualified Devices.
Manufacturing Qualified Devices are Qualified Devices that are located in Enrolled
Manufacturing
Affiliate's manufacturing locations and primarily used by manufacturing workers.
M.-mcuring Qualifed Users are us rs of these Qualified Devices.
POS Qualified Devices are Qualified Devices that are located in Enrolled Affiliate's retail
Retail POS
locations and used primarily as POS devices. POS Qualified Users are users of these
Qualifed Devices.
Government
Government Worker Qualified Device re Qualified Devices that are located in Enrolled
Wolter
Arfiliate''a municipal antl community services locations and primarily used by city
m to ties. Government Worker Qualified Users are users of these Qualified Devices
2 Enterprise Online Services may not be available in all locations. Please see the Product List for a list of
locations where these may be purchased.
s Additional Products may be included an the order, but are not selected on this form.
4 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA.
s MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune.
This Amendment must be attached to a signature form to be valid.
W
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Volume Licensing
Enterprise Enrollment
Amendment ID M55
6- 6HSZGWMQ
For the purposes of this Amendment, "Entity" can mean the signing entity, Customer, Enrolled
Affiliate, Government Partner, Institution, or other party entering into a volume licensing program
agreement. Notwithstanding anything to the contrary in the Enrollment, the Enrollment is amended as
follows:
Entity may submit a renewal order no later than 45 days after the expiration date of
Enrollment/Authorizstion number 7756383, so long as the effective date of Entity's renewal order
starts one day following the expiration of the previous term.
In the absence of this Amendment or an on -time renewal order, Entity loses the opportunity to
renew Software Assurance, and Subscription Licenses may be impacted.
This Amendment must be attached to a signature form to be valid.
EnrA..d(AVV)(ENG)(N.V 01 2) Grace Period B B
M55 Page 1 of 1
50
PROCLAMATION
WHEREAS: The City of Saint John is committed to promoting an active and
healthy lifestyle within an inclusive community; and
WHEREAS: we recognize the growing concern over chronic disease and other
impediments to health and fitness. Participation rates in healthy
physical activities have been declining. We aspire to inspire our
citizens to make healthy lifestyle choices and be active; and
WHEREAS: we believe that Saint John offers ample opportunities for
recreation and fitness through such things as our public
facilities, walking, hiking, and cycling trails, the Fundy coast,
lakes, forests, parks, and wilderness; and
WHEREAS: National Health and Fitness Day in Canada on June 1St coincides
with International Trails Day, Canada Environment Week and
World Environment Day; walking and cycling are great ways to
reduce vehicle pollution and encourage physical fitness.
NOW THEREFORE: I, Mayor Mel Norton, of the City of
Saint John do hereby proclaim June 1St, 2013 as National Health and
Fitness Day in the city of Saint John and that citizens join in
recognizing the importance of a healthy lifestyle by the observance of
National Health and Fitness Day.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
51
SKATECCAANADA
NTERNATIONAL
2013
.t
Welcome!
ti
Saint John City Council —June 3 2013
SKATECANADA
INTERNATIONAL
2013
Skate Canada International
ISU Grand Prix of Figure Skating
• What is Skate Canada International?
— 6 ISU GP events worldwide ISU GP Final
— 60 Olympic and World competitors
What to expect?
— TV exposure —16.5 hours in Canada
— City involvement
— Fan engagement
— Event "experience"
53
SKATECANADA
INTERNATIONAL
2013
Skate Canada International
ISU Grand Prix of Figure Skating
• Benefits to Saint John as host
— Economic impact - $5 million
— Worldwide Media exposure during the event
• Media on site = 250+
• Social Media = Facebook (17,943), Twitter (11,612), iPhone
app (4439)
• Skatecanada.ca = 64,820 visitors (295,240 page hits)
— Our Goal
• Tourism
• City engagement
• Saint John and Harbour Station on the world map
54
SKATECANADA
INTERNATIONAL
20'13
Skate Canada International
ISU Grand Prix of Figure Skating
• TV Commercial used since October 2012
Welcome to Saint John
Athlete Announcement
55
SKATECANADA
INTERNATIONAL
2013
• Summary
Skate Canada International
ISU Grand Prix of Figure Skating
Special Presentation
THANK YOU!
Ell
4
SKATECANADA
INTERNATIONAL
2013
2013 Skate Canada International
Saint John City Council Meeting
June % 2013
Title Slide in place
Good Evening Your Worship Mayor Norton, Saint John City
Councillors, city staff and members of the media — My name is Jackie
Steil- Buckingham and I am the Director of Events for Skate Canada.
Joining me tonight are several partners and members of our LOC team
and I would like to introduce them quickly —
Jillian MacKinnon — Manager of Marketing and Communications for
Discover Saint John
Susan Taylor and Cynthia Benson — Saint Johners who will co -chair the
Local Organizing Committee
Emma Bowie — Public Relations Coordinator for Skate Canada
Jenna Toms — Skate Canada Marketing and Branding Specialist and
Samantha White — Skate Canada Event Coordinator
know I speak for all of us when I express our gratitude for your
audience tonight — we are very pleased to be here.
• Skating ... whether figure skating, hockey or speed skating ... it's
an iconic Canadian past -time —virtually synonymous with our
culture... perhaps even part of our DNA!
• did you know that the very first figure skating club on
record in Canada opened in 1833 on Lily Lake, in Saint John,
New Brunswick?
57
1
• Since its official beginning as an organized sport in Canada in
1887, figure skating has become the #2 most watched winter
sport in Canada and the #1 sport among women.
• From our first Olympic Champion, Barbara Ann Scott, to our
Olympic and twice World Ice Dance champions Tessa Virtue &
Scott Moir, and three -time Men's World Champion, Patrick Chan,
skating is recognized as the perfect balance of power and art and
is a Canadian tradition.
- Our successful history of skating in Canada has added to Skate
Canada's international reputation as one of the International
Skating Union's leading countries in event delivery. Skate Canada
International here in Saint John is the 40th consecutive time
Canada has hosted the skating world at an International Grand
Prix event. Building on the excitement and success generated in
London, Ontario at the 2013 ISU World Figure Skating
Championships held earlier this year, and working toward the
2014 Olympic Winter Games in Sochi Russia, this event will be a
perfect blend of past and future.
Slide 2
What is Skate Canada International?
SCI is one of 6 ISU Grand Prix qualifying events held annually around
the world leading to the prestigious ISU GP Final being held this year in
Japan in December. In Saint John, we'll welcome some of the world's
best, some 60 Olympic and world competitors from 15 countries vying
for world ranking points and prize money - $180,000 US will be
awarded at this event.
What to Expect?
Television exposure — lots of it!
W
2
• Unprecedented 16.5 hours of national TV coverage in
Canada, most in prime time on CTV and TSN networks
and on RDS
• Plus hours of exposure in Asia, the United States and
other places in Europe. Japanese telecast ratings are
over 10 million viewers for 4 hours of coverage.
City Involvement — Saint John will act as an International host. Through
our partners at Discover Saint John we have asked for the City's
assistance in promoting the event locally. This morning, Skate Canada
hosted a successful business partners' breakfast to present more
details about the event, and to make some special announcements
including information about the local sponsorship program, our ticket
sales plan and the athlete participants we are anticipating.
Hot of the Press Announcements -
Tickets will go on sale at the Harbour Station box office on June 14 at
10:OOam ADT
World class Skaters named by the ISU Grand Prix management group
just yesterday to participate here in Saint John include:
(read from list /press announcement released on Monday morning)
Fan Engagement — Of course Fans and supporters are a big part of our
focus — thousands of people each day, a total of about 11,000 unique
visitors, many from outside of Saint John, and about 2000 from outside
of NB, will descend on the city ... and they'll all be expecting a unique
maritime "experience" . This city will be on display!
Event Experience - Skating Fans take holidays to follow our sport
around the world - they come to meet friends, analyze skating, learn ...
and to party and shop! They're looking for those magic experiences that
will add to their passion for skating!
3
59
Slide 3
SAINT JOHN AS HOST - What does it mean to host such a prestigious
event?
This is an important hosting opportunity for Skate Canada, the ISU, for
New Brunswick and for Canada ... but mostly for Saint John as host —
here are some highlights:
- Economic impact — estimated $5 million in total business and
tourism in the province of New Brunswick — an estimated 4 million
in the city of Saint John — highlighting the economic spirit of the city,
showcasing our merchants, and our facilities ... Putting Saint John on
the world map through fans and the media
- Worldwide Media Exposure — let's look at some numbers:
• 75 international and national journalists, 30
photographers and up to 150 members of the TV
community will tell the story of the event around the
world translating into millions of advertising dollars'
value in coverage where Saint John will be at the
centre of the story
• Social media will be a -buzz following the event — at last
count, Skate Canada had 17,943 Facebook friends and
11,612 Twitter followers. As well, the brand new Skate
Canada app — available for download on iPhone
platforms — now has over 4,439 users from 39 different
countries
• Website coverage — in 2012 the Skate Canada
International website attracted 64,820 visitors (44,760
unique) and 295,240 page views
• The event will receive non - sports coverage too — in
lifestyle, arts, and entertainment media
0
.�
• Our Goal
- As an Organizing Committee we want to show all our guests
that Saint John is a place they'll never forget. We're going to
activate the community's character in a way that will imprint
on their souls. How they're treated will affect what they talk
about, what they write about and how they say it.
- And it will depend on the environment that collectively we
create
- we'll do it with state of the art facilities like Harbour Station,
the Delta and Hilton hotels, and service, with warm and
helpful volunteers, with the city experience and level
of engagement that Saint John can offer ... and with new
skating adventures where they can experience the
excitement of the sport to renew their passion and
enthusiasm
Slide 4
- Play video — (if there is time and provision) We are happy to share
with you some greetings from our athletes via the TV and video
message for Skate Canada International that has been played
since October 2012
- And now we have a Special presentation to make - I would
respectfully ask his worship Mayor Norton to join me here for a
presentation of the very first pair of ceremonial All -Event tickets
for the 2013 Skate Canada International event which may be
exchanged for real tickets prior to the event. Cynthia and Susan
hold and present tickets and shake the mayor's hand.
- And for all councillors in attendance, we have a small gift to
commemorate our visit tonight — you are the first group of people
0
61
to receive the official event pin! Emma, Jenna, Sam, to hand out
pins to councillors and city staff (not media). House Photographer
to take picture of mayor with Cynthia and Susan?
SUMMARY
When all the money is spent, when all the pictures have been taken,
the words have been spoken and written, when all the competitors
have taken their final bows and the fans have returned home, it's
the Saint John experience that will be remembered!!!
Thank you for your attention and assistance. We are available for a
few minutes for any questions.
N. 10•,2
June 3-
17:00 — Skate Canada team arrive at City Hall for set up and any
required preparation with city AV tech. Have video presentation on
memory stick. Powerpoint presentation — on memory stick.
Between 17:30 — 18:00 the team will enter the Council Chambers for
the presentation -
On direction from council — begin about 18:05
Jackie to lead — introduce team at front of room
Jackie presents script
62
About 18:15 — play video — Jenna can cue the AV tech if possible so the
video will just come on at the appropriate time after Jackie introduces
it.
When video finishes, ask his worship to accept the first ceremonial pair
of all — event tickets for the competition. Present tickets to mayor and
pins to councillors.
If time permits and there are questions at the end. Protocol is that all
responses to questions /comments from Council should be directed
through the Mayor as he is the Chair of the meeting (eg Presenters
should not respond directly to Councillors, but rather say "through you
Mayor Norton "...) Also the Mayor should be referred to as "Mayor
Norton" or "his Worship"
Once team exits council chambers, media interviews can be conducted
outside (media advisory has been sent). Note that Media
representatives attend all Council meetings (CBC, Telegraph Journal and
Rogers TV) and the meetings are broadcast by Rogers.
63
BY -LAW NUMBER C.P.106-
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows.
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January, A.D. 2012 is amended by:
1 Amending Schedule A — City
Structure, by redesignating a parcel of land
with an area of approximately 1.6 hectares,
located at Lorneville Harbour, also
identified as being a portion of PID No.
55161541, from Park and Natural Area to
Employment Area classification;
2 Amending Schedule B — Future
Land Use, by redesignating the same parcel
of land from Park and Natural Areas to
Heavy Industrial classification
- all as shown on the plans attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor
ARRETE No C.P.106-
ARRETE MODIFIANT LVdR__ TE
RELATIF AU PLAN MUNICIPAL
Lors dune reunion du conseil
communal, The City of Saint John a edict6
ce qui suit :
L'arret6 concernant le plan
municipal de The City of Saint John
decr6t6 le 30 janvier 2012 est modifi6 par:
1 la modification de Pannexe A —
Structure de la municipalitb, afm de faire
passer la designation dune parcelle de
terrain dune superficie d'environ 1,6
hectares, situ6e au havre de Lorneville, et
etant aussi une partie du NID 55161541, de
secteur parc et afire naturelle a secteur
d'emploi ;
2 la modification de 1'annexe B —
Utilisation future des sols, afin de faire
passer la designation de la parcelle de
terrain pr6cit6e de secteur parc et afire
naturelle a secteur d'industries lourdes;
- toutes les modifications sont indiqu6es sur
les plans ci joints et font partie du present
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le 2013, aver les
signatures suivantes :
Common Clerk/Greffier communal
First Reading - Premi6re lecture
Second Reading - Deuxieme Iecture
Third Reading - Troisieme lecture
64
BY -LAW NUMBER C.P.110-
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 2.8 hectares, located at
Lorneville Harbour, also identified as being
a portion of PID No. 55161541, from "RF"
Rural to "I -2" Heavy Industrial
- all as shown on the plan attached hereto
and forming part of this by -Iaw.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor /Maire
ARRETE No C.P. 110 -
ARRETE MODIFUNT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
d6cret6 ce qui suit :
L'arrete sur le zonage de The City
of Saint John, decrete le dix -neuf (19)
d6cembre 2005, est modifie par:
1 La modification de 1'annexe «A >>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle do terrain d'une superficie
d'environ 2,8 hectares, situ6e au havre de
Lorneville, et 6tant aussi une partie du NID
55161541, de zone rurale « RF >> a zone
d'industrie lourde o I -2
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le 2013,
avec les signatures suivantes :
Common C1erk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxi6me lecture
Third Reading -
Troisieme lecture
65
BN1
Advertiser Name: Saint John Common Clerk
Advertiser Code: 571206
Size: 4.00 x 16.00 in.
Sales Rep: Doug Thomson
PROPOSED MUNUPAL
PLAN AND ZONING BY-LAW
AMENDMENTS
RE: LORNEVILLE HARBOUR
Public Notice is hereby given
that the Common Council of
The City of Saint John intends
to consider amending the
Municipal Development Plan
and the City of Saint John I
Zoning By ace at its regular
meeting to be held in the j
Council Chamber on Mondry,
June 3, 2013 at 7:80 P.tn., b,':
1. Redesignating, on Schedule A
of the Municipal Development
Plan, a parcel of land with
an area of approximately 1.6 i
hectares, looted at Lornevllle
Harbour, al'o ident�ed as a -
portion of PID No. 55161541,
from Pork andf NatundAreo to
&nybyrneritAnsx as illustrated
on Map A below;
2. Redesignating, 7 if
on Schedule B
of the Municipal
Development 1 1, `
Plan, the same - t
parcel of land,
from W rJ
- - -�NahmalAre Areas m
HenY hrdusbfaL
3- Rezoning a
parcel of land
with an area of
approximately 2.8 hectare-,
located at
Lomeville
Harbour, 8[so i
identified as a ff
portion of PID I. !
No. 55161541,
from `RP' Rural
to 9,2" Heavy
IndustrW, as �
illustrated on
Map B below-
REASON FOR
CHANCE
To permit an
industrial barge facility and
access road.
The proposed amendments may
be inspected by any interested
person at the office of the
Common Clerk, or in the office
of Planning and Development,
Cic' Hall, 15 Market Square,
Saint John, N,B, between the
hours of 8 :30 a.m. and 4:30
p.m., Monday through Friday,
inclusive, holida�s excepted.
Writeen objections to the
amendments may be sent to the
undersigned at City Hall.
If you require French services for
a Common Council meeting,
please contact the office of the
Common Clerk.
Jonathan Taylor,
Assistant Common Clerk
648 -3703
r IteaKMVlntICATION
DU PLAN MUNK3PAL ET DE
VAARETI: SUR LE ZONAGE
OBJET: HAVRE DE LARNL'VR.LE
Par les presentee, un avis
public esl donne par lequel
le Conseil communal de The
City of Saint John indique son
intention de modifier le plan
d'am6nagement municipal et
Parritt6 for le nonage de The
City of Saint John, Tors de la
IZion ordinaire qui se tiendra
dans Is wile du consell le"3
rn 7D13 9 19 h, en apportant
rs modifications suivantes
1, Modifier Is designation, a
I'annexe A du plan
d'am6nagement municipal,
dune parcelle de terrain
dune superficie d'environ 1,6
hectares, situ6e au havre de
L.orneville, et Rant aussi une
parbe du NID 55161541, afin
de Is faire
passer de
/ satew Pam et
r ohe noturelk
�a 6sea— e
- mmmele
montre la
f carte A
d- dessous.
2. Modifier la
designation, a
I'annexe B du
plan d'am6nagement municipal,
de Is parcelle de terrain pr6cit6e,
afin de Is faire
passer de
t.
/
serteurporrelf
CAV nalrlyde
d sedeur
� I kxrrdes;
3. Modifier le
zonage dune
MaplCerte 8 parcelle de
terrain d'une
superficie
d'environ 2,8
hectares, situ6e au havre de
Lomeville, et 6tant sussi une
partie du NID 55161541, afin
de Is faire passer de zone narnle
•
IF a if zone cri dushk loarrde
.1-2 », comme le montre la
carte B ci- dessous.
RAISON DE LAMODINCATLOM
Pemtettre one installation
industrielle pour p6niches et one
route d'acc6s.
Toute personae intliress6e peut
examiner les modifications
propcs6es au bureau du
grefifer communal ou au
bureau de I'urbanisme et du
d6veloppement 2 Phiftel de ville
au 15, Market Square, Saint
John, N.-B., entire 8 It 30 et 16 It
30 du lundi au vendredi, muf les
jours f666.
Veulllez faire part de vo6
objections sox projets de
modification propos6s par Acrit
a I'attention du soussign6 a
I'hiitel de ville.
Si vous avez besoln des services
en fran4ais pour one reunion
de Conseil Communal, veulllez
contatter le bureau du greffrer
communal.
Jonathan Taylor,
greffier communal adjoint
64&,703
Ad Number: A68918
Ad ID: 6414383
Current Date: Apr 30 2013 09:26AM
Start Date: 5/7/2013
End Date: 5/28/2013
Color:
Client Approval OK ❑
M
Corrections ❑
Planning
Advisory Committee
May 23, 2013
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Municipal Plan Amendment and Rezoning Application -
Lorneville Barge Terminal PID 55161451 (portion)
On April 29, 2013 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 22, 2013 meeting.
PM
City of Saint John
Mr. Brian Irving, representing Saint John Industrial Parks Limited, the applicant,
was in attendance at the meeting and was in favour of staff's recommendation. No
one else appeared before the Committee to speak in favour or against the
application. One letter in support of the application was received.
After considering the report and comments made by the applicant relating to truck
traffic and impacts on the development of adjacent Saint John Industrial Parks
land holdings, the Committee recommended approval of the Municipal Plan
Amendment to redesignate the lands in the application on Schedules A and B of
the Municipal Plan and the rezoning of a portion of the property from "RF"
Rural to "I -2" Heavy Industrial subject to the conditions set out below.
RECOMMENDATION:
1.
2
That Common Council amend the Municipal Plan by:
a) Redesignating, on Schedule A of the Municipal Development Plan,
a parcel of land with an area of approximately 1.6 hectares, located
at Lorneville Harbour, also identified as a portion of PID No.
55161541, from Park and Natural Area to Employment Area, and
b) Redesignating, on Schedule B of the Municipal Development Plan,
the same parcel of land, from Park and Natural Areas to Heavy
Industrial.
That Common Council rezone a parcel of land with an area of
approximately 2.8 hectares, located at Lorneville Harbour, also identified
67
-2-
as a portion of PID No. 55161541, from "RF" Rural to "I -2" Heavy
Industrial.
3. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the use and development of a parcel of land with an area of
approximately 2.8 hectares located at Lorneville Harbour, also identified
as a portion of PID No. 55161541 be subject to the following conditions:
a) that the developer provide a detailed stormwater and site drainage
plan and report, subject to the approval of the Chief City Engineer
or his designate, indicating how storm water collection and
disposal will be handled. The stormwater analysis must include a
review of the impacts on the existing ditch and culvert on Stinson
Drive (in front of PIDs 55092571 and 55092563) and the proposed
ditches along the access road for the 1:100 year post development
flow. This study must be completed prior to commencement of
construction of the facility and any remedial work required by the
study, should it be required, must be completed in conjunction with
construction of the facility.
b) that the developer provides confirmation that the existing culvert
that crosses Stinson Drive (in front of PIDs 55092571 and
55092563) can accommodate the wheel loads of the multi - wheeled
transporters / heavy load road tractors. This review must be
completed prior to commencement of construction of the facility
and any remedial work outlined in the study, should it be required,
must be completed in conjunction with construction of the facility.
Respectfully subs
ft.
IVlor§an LaAan
Chair
MR
Project No. 33 -085
W.
DATE:
TO:
FROM:
FOR:
PREPARED BY:
I.
MAY 17, 2013
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING & DEVELOPMENT SERVICE
GROWTH & DEVELOPMENT SERVICES
MEETING OF MAY 22, 2013
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
Q's
SAINT JOHN
REVIEWED BY:
i
Jac ueline Hamilton MCIP, RPP
M icipal Planning Director
Saint John Industrial Parks Limited.
City of Saint John
230 Stinson Drive (Street File)
55161541 (portion)
Existing: Park and Natural Areas
Proposed: Heavy Industrial
Existing: "RF" Rural
Proposed: "I -2" Heavy Industrial
To construct a barge loading facility and access road
Municipal Plan Amendment, Rezoning and Subdivision
P.O. Box ! 9 71 <<irit John, �lP i t,.:1;, F2L U69 www.saingohn.ca C.P. 1971 Saint John, N. -B. Canada EA 4-1
Saint John Industrial Parks Ltd.
230 Stinson Drive - Lorneville Barge Ternninal
JURISDICTION OF COMMITTEE:
Page 2
May 17, 2012
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed Municipal Plan amendment and rezoning applications. The
Committee's recommendation will be considered by Common Council at a Public Hearing on Monday,
June 3, 2013.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council amend the Municipal Plan by:
a) Redesignating, on Schedule A of the Municipal Development Plan, a parcel of land with
an area of approximately 1.6 hectares, located at Lorneville Harbour, also identified as a
portion of PID No. 55161541, from Park and Natural Area to Employment Area, and
b) Redesignating, on Schedule B of the Municipal Development Plan, the same parcel of
land, from Park and Natural Areas to Heavy Industrial.
2. That Common Council rezone a parcel of land with an area of approximately 2.8 hectares,
located at Lorneville Harbour, also identified as a portion of PID No. 55161541, from "RF"
Rural to "I -2" Heavy Industrial.
3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and
development of a parcel of land with an area of approximately 2.8 hectares located at Lorneville
Harbour, also identified as a portion of PID No. 55161541 be subject to the following conditions:
a) that the developer provide a detailed stormwater and site drainage plan and report, subject to
the approval of the Chief City Engineer or his designate, indicating how storm water
collection and disposal will be handled. The stormwater analysis must include a review of
the impacts on the existing ditch and culvert on Stinson Drive (in front of PIDs 55092571
and 55092563) and the proposed ditches along the access road for the 1:100 year post
development flow. This study must be completed prior to commencement of construction of
the facility and any remedial work required by the study, should it be required, must be
completed in conjunction with construction of the facility.
b) That the developer provides confirmation that the existing culvert that crosses Stinson Drive
(in front of PIDs 55092571 and 55092563) can accommodate the wheel loads of the multi -
wheeled transporters / heavy load road tractors. This review must be completed prior to
commencement of construction of the facility and any remedial work outlined in the study,
should it be required, must be completed in conjunction with construction of the facility.
70
Saint John Industrial Parks Ltd. Page 3
230 Stinson Drive - Lorneville Barge Terminal May 17, 2012
INPUT FROM OTHER SOURCES:
Bell Aliant has been advised of the proposal.
Geographic Information Systems (GIS) has been advised of the proposal and has assigned a street
address of 230 Stinson Drive to the proposed development.
Infrastructure Development has the following comments on the proposed Municipal Plan
Amendment, rezoning and subdivision:
• A detailed stormwater management design and brief is required to be submitted by the
applicant's engineering consultant to the City for review and approval;
• The existing culvert and drainage ditch need to be reviewed as part of the detailed stormwater
design, by the applicant's engineering consultant, to confirm that the existing culvert and
ditching can accommodate the 1:100 year post development flow;
• The existing culvert needs to be reviewed by the applicant's engineering consultant to confirm
that the existing culvert can handle the loads from the multi- wheeled transporters or heavy load
road tractors;
• Any proposed ditches would be required to meet the 1:100 year post development construction
flows; this shall be confirmed by the applicant's engineering consultant;
• No stormwater is to be directed to adjacent private lands without first obtaining an agreement
from the landowner;
• Due to the proximity of the Bay of Fundy, there may be specific provincial and federal
requirements concerning the Bay (stormwater discharge) and the beach (erosion); and
• It is understood from the application that this will be a private road.
Inspection & Enforcement Service advises that the only aspect of this project that would be of concern
would be any structures or installations above the ordinary high tide level such as buildings, electrical
installations, lighting, and so on. Without detailed plans of the project we cannot make any further
determination.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been advised of the
proposal. Maritimes & Northeast Pipeline and Brunswick Pipeline advise this area is clear of their
facilities.
N.B. Department of Environment advises the project has received approval under Regulation 87 -3 of
the Clean Environment Act (Provincial Environmental Impact Assessment process). The Certificate of
Determination outlines conditions including adherence to all measures outlined in the EIA Registration
document and the application and acquisition of the necessary permits including Navigable Waters
Protection Program; Crown Lands Lease; Harmful Alteration, Disruption or Destruction of fish habitat
(HADD); and Watercourse and Wetland Alteration.
Saint John Energy has been advised of the proposal.
Saint John Fire Department has reviewed the proposal. There is no objection to this application
provided that the proposed development adheres to the National Building and National Fire Codes with
particular attention to the following; 71
Saint John Industrial Parks Ltd. Page 4
230 Stinson Drive - Lorneville Barge Terminal May 17, 2012
Section 3.2.5 of The National Building Code of Canada makes particular reference to the Provisions for
Firefighting. The stated provisions shall be adhered to and included but are not limited to the following:
• Section 3.2.5.4 Access Routes
a Section 3.2.5.5 Location of Access Routes
Section 3.2.5.6 Access Route Design
• Have a clear width not less than 6 m; unless it can be shown that lesser widths are
satisfactory.
• Have a centerline radius not less than 5 m.
• Have an overhead clearance not less than 5 m.
• Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15m.
• Be designed to support the expected loads imposed by firefighting equipment and be
surfaced with concrete, asphalt, or other material designed to permit accessibility under
all climate conditions.
• Have turnaround facilities for any dead -end portion of the access route more than 90m
long, and
• Be connected with a public thoroughfare.
Section 3.2.5.7 Water Supply
o On this particular note, (and always deferring to the extension of the city water supply to
support a hydrant network at the facility); the fire department asks that in the absence of a
municipal water supply that the applicant install dry hydrant(s) at the site.
ANALYSIS:
Subject Site and Proposed Development
The subject site is located in the Spruce Lake Industrial Park in the Lorneville area of the City. The
proposal is to subdivide a 5.44 hectare portion of a property (PID 5516154 1) for the construction of a
barge loading facility that will include an access road, a laydown yard, a bulkhead, mooring
components, a grounding pad, and security fencing providing direct tidewater access to Lorneville
Harbour from Stinson Drive. This facility will allow for the export of large fabricated metal units that
are larger than what can be transported by road or rail.
Barges would be brought into Lorneville Harbour at high tide, moored near a bulkhead, and grounded
during the outgoing tide. Completed fabrications would then be rolled onto a barge using multi- wheeled
transporters or heavy load road tractors and float trailers. Once loaded, the barge would be refloated on a
rising tide and towed out of the harbour using tugs or workboats. In the case of multiple components per
barge, it is possible that the loading process would require several tide cycles to complete.
The development also requires a Municipal Plan Amendment and Rezoning of the lands that are the
subject of the application (portion of PID 55161541) which provide direct access to Lorneville Harbour.
Development of the terminal would involve adjacent parcels of land (PIDs 00287664 and 55197479)
which already have a Municipal Plan designation and zoning that permits the development.
Surrounding Area
The surrounding area contains a mix of industrial development and undeveloped lands. Lands to the
west of the proposed development are zoned "I -2" Hey Industrial and contain a variety of industrial
Saint John Industrial Parks Ltd.
230 Stinson Drive - Lorneville Barge Terminal
Page 5
May i 7, 2012
uses in the Spruce Lake Industrial park A large undeveloped area exists north- northeast of the site and
is zoned "I -1" Light Industrial and "RF" Rural.
The closest residential development is located between 400 and 425 metres southwest of the proposed
wharf at the end of School Bus Road.
Municipal Plan Direction
A portion of the subject site totalling approximately 1.6 hectares is currently designated as Park and
Natural Area on Schedule A — City Structure of the Municipal Development Plan, and Park and Natural
Areas on Schedule B — Future Land Use. The application involves redesignating the 1.6 hectare portion
to Employment Area on Schedule A and Heavy Industrial on Schedule B of the Municipal Development
Plan. A slightly larger portion of the site (approximately 2.8 hectares) requires a rezoning from "RF"
Rural to "I -2" Heavy Industrial in order to permit the proposal to proceed.
Policies I -21 and LU -75 of the Municipal Plan provide guidance in evaluating Municipal Plan
Amendments involving industrial development. Policy I -21 provides that amendments be considered
against the following criteria:
a. Studies demonstrating that the proposed development will have significant long term
benefit for the City and that the proposed development does not place an undue fiscal burden
on the City or have a detrimental impact on the natural environment;
b. The proposed development fulfills other key goals of the Municipal Plan; and
c. Appropriate opportunities are provided for public input into the consideration of such
amendments to the Municipal Plan.
Policy LU -75 of the Plan provides the following criteria to evaluate applications to re- designate
additional lands to Light or Heavy Industrial or Rural Industrial on the Future Land Use map:
a. Adequate lands designated for Industrial development are not available or there is a
demonstrated need for the proposed industry to be sited in a particular location;
b. Appropriate studies are conducted by the applicant to satisfy Council that the proposed lands
are located an appropriate distance away from incompatible land uses or it is demonstrated
that appropriate mitigative measures can be implemented to address any community and/or
environmental impacts associated with the development;
c. Due consideration is given to site suitability including such considerations as transportation
needs, necessary municipal servicing, landscaping and buffering; and
d. There are clearly demonstrated social and economic benefits to the proposal.
Locational Considerations
The proposed development is of a specialized nature in that it requires marine access and an associated
wharf structure. Saint John Industrial Parks has investigated 7 possible sites for the facility in 2009 and
2010 and reviewed information complied in 1972 for the planning of the Lorneville Industrial Area.
The proposed site was located based on the review conducted in these three studies. A key consideration
in the selection of the proposed location is the coastal exposure which limits wave action on the marine
components of the facility. The site is contiguous to parcels of land owned by Saint John Industrial
Parks Ltd. that are designated as Heavy Industrial in the Municipal Plan and zoned "I -2" Heavy
Industrial. Therefore the Municipal Plan Amendment represents an extension of the current Heavy
73
Saint John industrial Parks Ltd.
230 Stinson Drive - Lonieville Barge Terminal
Page 6
May 17, 2012
Industrial area and the requirement for the marine access and wharf fulfills the demonstrated need
referenced in Policy LU -75 of the Municipal Plan.
The development is in accordance with Policy LU -71 of the Plan which seeks to concentrate major new
industrial developments in Industrial Parks.
Economic Impacts
A review of the economic impact of the project has been completed. Based on discussions with metal
fabricators in the Saint John area, the project is estimated to have the ability to increase annual revenues
in the Iocal sector by $16 million by 2016. This is estimated to have a corresponding increase in the
provincial Gross Domestic Product (GDP) of $9 million annually translating to an annual increase in
labour income of $6.7 million within New Brunswick. The facility would also be important in
developing a cluster of metalworking firms in the area.
The facility would operate on a cost - recovery basis through Saint John Industrial Parks with metal
fabricators paying to utilize the facility. Given this, it is not anticipated that an undue fiscal burden will
be placed on the City as the applicant will be responsible for the capital and operating costs.
The project also fulfills policies EP -2, EP -3 and EP -15 of the Municipal Plan which relate to
diversification of the local and regional economy. Construction of the facility would provide industrial
infrastructure that would add to the City's range of employment uses. The facility will support ongoing
initiatives and future development of the local metalworking sector which has been identified as an
important component of the advanced manufacturing / industrial fabrication sector, one of the key
economic development sectors identified in True Growth 2.0.
Public Input
In addition to the legislated public participation process required for the Municipal Plan Amendment and
Rezoning under the Community Planning Act, the applicant has conducted public consultation as
required by the Provincial Environment Impact Assessment registration. This included two Public Open
Houses held on August 14 and September 18, 2012 that were attended by approximately 90 people in
total. The first open house consisted of a series of information stations / panels staffed by the Industrial
Parks General Manager and their consultant. Based on feedback received at the initial open house a
second open house consisting of a formal presentation and question and answer session was held.
In addition to support for the project, concerns raised at the second open house focused on the
operational impacts of the facility including noise, lighting, traffic, groundwater, blasting during
construction and the effects on property values.
Environmental Considerations
Provincial Legislation defines the project as one that must be registered with the Provincial Environment
Impact Assessment Process. The applicant has registered the project and the New Brunswick
Department of the Environment has issued a Certificate of Determination approving the project subject
to conditions, largely related to obtaining the following permits and approvals, which have been applied
for by the proponent:
• HADD (Harmful Alteration Disruption and Destruction) Authorization from Fisheries and
Oceans
HADD Compensation Plan
Navigable Waters Permit from Transport Cana*
Saint John Industrial Parks Ltd.
230 Stinson Drive - Lorneville Barge Terminal
Page 7
May 17, 2012
Disposal at Sea Permit (if required)
Crown Lands Licence of Occupation from the New Brunswick Department of Natural Resources
Watercourse and Wetland Alteration Permit from the New Brunswick Department of
Environment
The Environmental Impact Assessment Registration document notes that the environmental impacts
associated with the project will not be significant and will be typical of any larger construction project
(noise, potential for dust, vehicle emissions). These impacts will be mitigated through measures such as
proper equipment maintenance, dust and erosion control, and timing of activities to minimize the impact
on the bird mating season. Impact on fish habitat associated with the construction of the wharf is the
most significant impact of the project and will require authorization (HADD) by the Federal Department
of Fisheries and Oceans and associated compensation.
Municipal Plan Policies, specifically policies LU -112, NE -11, and NE -26, relating to impacts on the
natural environment are satisfied through the conditions attached to the Provincial Certificate of
Determination and associated requirement for additional Provincial and Federal Approvals relating to
Navigable Waters, and Fisheries Act approvals and the Crown Land Lease. These policies require:
• regulation of land use in areas adjacent to coastlines in a manner, at a minimum, that is
consistent with Provincial standards,
• appropriately restrict development near environmental features such as watercourses, and
• controlling the impacts of erosion.
The proposed wharf would be located between 400 and 425 metres from the closest existing residences
located to the southwest on School Bus Road. The applicant has provided a rendering showing the view
from the area of the residences and only the wharf portion of the development will be visible from this
area with existing tree cover providing a visual buffer between the proposed access road and lay down
area and existing residences.
Based on the above analysis, approval of the Municipal Plan amendment and rezoning is recommended.
Zoning, Subdivision and Site Design Considerations
The proposed development meets the requirements of the "I -2" Heavy Industrial zone. The only sizeable
permanent structure that will constructed as part of the project is the headwall for the proposed wharf.
This will be constructed offshore in an area not regulated by the Zoning By -law. The proposed use is
considered an accessory to a metal working shop, which is a permitted use in the "1 -2" Heavy Industrial
zone.
The proposed subdivision of Lot 13 -1 meets the requirements of the Subdivision By -law. While the
proposed lot 13 -1 as shown on the Tentative Plan of survey does not have frontage on a street, Saint
John Industrial Parks will be consolidating this parcel with adjacent lands that have Public Street
frontage.
Fire Department staff have provided comments on the proposal pertaining to the access road and water
supply considerations. Planning Staff have reviewed the access route requirements with the Fire
Department and the design of the road meets these requirements. A dry hydrant would be required
75
Saint John Industrial Parks Ltd.
230 Stinson Drive - Lorneville Barge Terminal
Page 8
May 17, 2012
should a permanent structure or building be constructed on site. In the event of a fire, water can be
shuttled from the existing hydrant at the end of Stinson Drive.
Infrastructure Development Staff advise that a detailed stormwater management design and brief is
required to be submitted by the applicant's engineering consultant to the City for review and approval.
The stormwater analysis must include a review of the impacts on the existing ditch and culvert on
Stinson Drive and the proposed ditches along the access road for the 1:100 year post development flow,
A review of capacity of the existing culvert that crosses Stinson Drive (between 10 Stinson Drive and 40
Stinson Drive) to accommodate loads from the multi - wheeled transporters or heavy load road tractors is
also required. It is recommended that Section 39 conditions be imposed to require this analysis.
CONCLUSION;
The proposed use of the subject site as a barge terminal fits within the context of the Municipal Plan and
represents an extension of the existing industrial park and Heavy Industrial area. The site has been
selected based on the findings of three technical studies supporting the proposed location. The proposed
development will provide an economic opportunity and fits with the vision of economic development
established in the Municipal Plan and is supported by the appropriate environmental studies and
permitting. Therefore the proposed Municipal Plan Amendment, rezoning and subdivision can be
supported.
MR
Project No. 13 -085
76
PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT
77
Subject Site /site en question:
PID(s)INIP(s ): 55161541
Location: prom. Stinson Dr.
Date: April 26 avril 2013
Scale /echelle: Not to scale /Pas a 1'echelle
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77
Subject Site /site en question:
PID(s)INIP(s ): 55161541
Location: prom. Stinson Dr.
Date: April 26 avril 2013
Scale /echelle: Not to scale /Pas a 1'echelle
77
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Subject Ana
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Aron 9: Rewrm from 'RP Rural So 1 -r Heavy Ir dustral
Schedule A (Land Use)
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Rural Seiflement
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�l QM CONSTRUCTION LTD.
12 Linton Road . Saint John, NB . E2M 5V4 • TEL 506 -634 -7740 • FAX 506 - 632 -0110 . gmconstruction @rogers.com
May 3, 2013
City of Saint John
Planning and Development
PO Box 1971
Saint John, NB
E21, 4L1
Attention: Planning Advisory Committee
Reference: Application for Municipal Plan Amendent, Rezoning and
Subdivision - Lorneville Barge Terminal
PID 55151541 (portion)
Dear Sir/ Madam:
Further to a recent request by the City of Saint John for comments on the
above referenced application, we wish to advise that we are in favor of this
proposal and have no objections to the application as presented.
We appreciate having the opportunity to comment on this matter.
Yours truly,
OarryW. UCTION LTD.
unlop , P. Eng.
President
LWD / clm
84
BY -LAW NUMBER C.P. 110- ARRETE No C.P. 110 -
A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE
THE ZONING BY -LAW ZONAGE DE THE CITY OF SAINT
OF THE CITY OF SAINT JOHN JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by
adding the following as subsection
810(14):
The City of Saint John, resume en
conseil communal, ddicte :
L'Arrete de zonage de The City of
Saint John, edicte le dix -neuf ddcembre
2005, est modifie par Pajout du
paragraphe 810(14) suivant :
(14) Keeping of Chickens as a (14) klevage de uoules i titre d'usage
Secondary Use secondaire
Notwithstanding any other provision of
the Zoning By -law, the keeping of
chickens, as a secondary use to a
residence, shall be permitted in the
"RF", "RFM ", and all "R" zones
except for "RM" and "MIT' zones,
subject to the following conditions:
(a) General Provisions
(i) The number of chickens shall
be limited to a minimum of
two and a maximum of six.
(ii) All chickens must be kept in a
chicken "coop" that contains
an attached outdoor enclosed
area ( "chicken run ").
(iii) A chicken coop shall be
considered as an accessory
building and subject to the
requirements set out in
subsection 830(1).
(iv) A Change of Use permit from
the City's Growth and
Development Services
department shall be required
prior to establishing a chicken
coop on a property.
(v) Notwithstanding the setback
requirements for accessory
buildings in subsection 830(1)
of the City's Zoning By -law,
chicken coops shall be subject
to a minimum side and rear
yard setback of 3 metres, and
shall have a minimum
separation distance of 7.5
metres from any existing
dwelling on an adjacent
property.
(vi) The owner of the chickens
must reside on the parcel
where the chickens are to be
Malgre toute autre disposition du
present arretd, 1'61evage de poules a
titre d'usage secondaire se rapportant a
une rdsidence est permis dans les
zones << RF » et << RFM >> et daps toutes
les zones v R >>, sauf dans les
zones « RM » et « MH », sous reserve
des conditions suivantes :
85
a) Dispositions generales
(i)
Un minimum de deux poules
et un maximum de six poules
sont permises.
(ii)
Les poules doivent titre
garddes dans un poulailler
assord d'un enclos extdrieur
attenant (<< basse -cour »).
(iii)
Un poulailler est repute titre
un batiment accessoire et est
assujetti aux conditions
enoncdes au
paragraphe 830(1).
(iv)
Avant d'amenager un
poulailler sur une propriete, it
faut obtenir un permis de
changement d'usage du
service Evolution et
croissance de The City of
Saint John.
(v)
Malgrd les exigences relatives
A la marge de retrait des
batiments accessoires prevue
au paragraphe 830(1) du
present arretd, les poulaillers
sont assujettis a des marges de
retrait laterales et arriere
minimales de 3 metres et
doivent titre situes a une
distance minimale de
7,5 metres de toute habitation
existante sur une propriete
attenante.
(vi)
Le propridtaire des poules doit
habiter sur la parcelle ou les
kept.
(vii) The keeping of male
chickens (roosters) is not
permitted.
(viii) The owner shall keep
chickens for personal use only,
and not sell eggs, manure,
meat, or other products derived
from chickens.
(b) Chicken Coop Structure
(i) The chicken coop must have a
minimum of 0.37 square
metres of coop floor area per
chicken, and at least 0.92
square metres of roofed
chicken run area per chicken.
(ii) A chicken coop shall be
enclosed on all sides and shall
have a roof and door(s).
Access doors must be able to
be shut and locked at night.
Opening windows and vents
must be covered with predator -
and bird - resistant wire of less
than 2.5 centimetre openings.
(iii) The owner shall provide and
maintain in each coop at least
one perch that provides at least
15 centimetres of space per
chicken, and one nest box per
chicken.
(iv) All chicken coops must be
located only in the rear yard
and must fully enclose the
chickens to prevent them from
escaping.
(v) The chicken coop must have a
minimum 30 metre setback
from any existing wells (drilled
or dug).
(c) Sanitary Conditions
(i) The owner shall store manure
within a fully enclosed
structure, and store no more
than 0.1 cubic metres of
manure at a time.
(ii) All stored food for the
domesticated chickens must be
kept either indoors or in a
weather- resistant container
designed to prevent access by
animals.
(iii) The owner shall consult with
the New Brunswick
:.
poules sont garddes.
(vii) E est ddfendu d'elever des
coqs.
(viii)
Le proprietaire garde des
poules pour son usage
personnel et ne peut vendre
des ceufs, du fumier, de la
viande ou tout autre produit
provenant de 1'61evage de
poules.
b) Construction du poulailler
(i)
Le poulailler doit avoir une
aire de plancher minimale de
0,37 metre carre par poule et
etre assorti d'un enclos
couvert d'une superficie
minimale de 0,92 metre carre
par poule.
(ii)
Le poulailler doit etre clos de
tous les cotes et comporter un
toit et au moins une porte. Les
portes d'acces doivent
pouvoir etre fermdes et
verrouillees pendant la nuit.
Les fenetres ouvrantes et les
events doivent etre recouverts
de grillage a mailles de moins
de 2,5 centimetres, resistant
aux prddateurs et aux oiseaux.
(iii)
Le proprietaire est tenu de
fournir et de laisser dans
chaque poulailler au moins un
perchoir donnant au moins
15 centimetres d'espace par
poule, ainsi qu'un pondoir par
poule.
(iv)
Le poulailler doit etre situd
daps la cour arriere et doit
completement enclore les
poules pour les empecher de
s' dchapper.
(v)
Le poulailler doit avoir une
marge de retrait minimale de
30 metres de tout puits
existant (ford ou creuse).
c) Conditions d'hygiene
(i) Le proprietaire garde le
furrier daps une structure
completement fermee et ne
peut garder plus de 0,1 metre
cube de fumier a la fois.
(ii) Les aliments pour les poules
domestiques doivent etre
conserves soit a 1' interieur
soit dans un contenant
resistant aux intempdries
conqu pour en empecher
1'a.cces par les animaux.
(iii) Le propridtaire consulte le
Department of Health before
having a chicken slaughtered
or euthanized.
(iv) The owner shall dispose of a
chicken by delivering it to an (iv)
abattoir, veterinary clinc or
other facility that has the
ability to dispose of chickens
lawfully.
(v) No live poultry shall at any (v)
time be kept in a cellar or any
part of any dwelling or any
building used for continuous
daily human occupation.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor/Maire
ministere de la Santd du
Nouveau - Brunswick avant de
faire abattre ou euthanasier
une poule.
Le proprietaire se debarrasse
d'une poule en la remettant a
une installation, notamment
un abattoir ou une clinique
veterinaire, qui est dquipd
pour eliminer des pouffes
legalement.
Il est interdit de garder une
poule vivante dans une cave
ou dans toute partie d'une
habitation ou d'un batiment
utilise a des fins d'habitation
humaine quotidienne
continue.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arrdtd le 2013,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premidre lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
87
BMI
Advertiser !Name: Saint John Common Clerk
Advertiser Code: S71206
Size: 6.00 x 21.00 in.
Sales Rep: Doug Thomson
PROM— sUNNG RY4AW
AMEEDIAPM
RF IOEEINGOFf. KENSKA
sF1Ofs�USE
Publk Nader 4 hot' qi s that dw Cohnnnon
CoundldThe Oy d SaIn John Inera', to
cruder amend'.- me City of sort loin 2nrsng
By-bw a[As regda melxing be htld In de
C sundl Oembr m Aloadry, IYM 3, 3 %3 at
7s00 itai , !,
Adding the Idluvirg: s sulsedfon 810(1:;.
flan [-,I,, a! CAtsiurw 6. Fawrd.rr. User
NoM{tluMMn9 an, elhr prutulen of Use Zaing
E, qaw, Uw k.—, It,,P .sal In Our ry
use W a ,wide M shell be prmlrtm r tro
°REM ", and dl'R° mast urpt fo! °uA° and
'MH° mre, a,b)ect m Ile fdk �Mng corsdifi"
(.) Gxrval Pseaklaa.
0) The mOer tt d chkken shail be lirit-
Wamniraand! uand.nna— umelds.
00 Al clickms mix be bipt In • cf "0"
°amp' Ihd mnraln an .loch- outtlor
Fred ro ( °chJCkss mn °),
01) Achlden map,roll ro cr,dderca as an
., buldrg wsd arbl— to de
mgdrcme In sub- tbn0.00)-
0 ) A change of Use" "'A ham dw CA)+i
Cn. v hand 0eelopr.ed Sts ices dryarbnmt
dull Ix rrquired prier fo ulabld,fng e
Ncken mop an a prop.,.
(n Not :Itivordng Ne se[bad requlrcrrcnU
for emus -.ry b. ld". 1n,ubecdon
Bid(1) of lie CIr "s Zmksg E_ Ir 4 &kkn
crp..hail to subject to e mihk,— di
end rmr y ,d sed>rA of 3 meba, and "I
Irre a mhshnum repaoti n d,once d 7.5
mono from amy -kiVng dwdlnq on an
mpmn prapere.
(v0 The outer d the rhkkeu
I. must redde
der prcd vdrere Ne cNrLn. arc W be
kept.
(W) 71,eekeepblg d m i, chYken (-coon)
It j.D)The —nr shell keep ASkwn W
sosW ua mly, rd n. � stll eggs, manure,
mm4 orother prodwU dmswtl from cNCken,.
(b) ekkker C—P St.MVe
(� The cNtken map man Fuse o Idmm.m
of 0." sgwre metro droop door ref
per chkkem sa,d a11wR 0.92 ,q a metes
ul coded chLken con arm ps chkken.
() A chhkar coup ,hat be enclosed on dl
slduadsh. hmearoofend air r(s).
ez doors cowl be ehle m be std end
Iodmacnight.Opering 3mu send venb
un be cc .red vilh prmnor am
bid- m,utan wro of k-: than 75 tend —tha
ope=1
fri Theo pa it provide ho manor
in etch mop nkenoro perds User wood
at l.an 15 amlm.aes d apace Pr CNCWM
arse re nest la. per chkt
p.) al cnkka, t„op, mttt h b. e dorcd cry I.
therootprd and mgt f ftyertlo,ethe
't. W gnt, d,em hwn esvpirg.
(•.) Th.,Ndm mop —Lb— a minimum
.0 metre seduok human, uMlr q,,d6
(dmled for dug).
(c) s.dtay coodk or..
WTroamer.halluolene wvWnah!y
—Ioscd stra -Z and d.. no mom dun
0.1 cubic metres d rrenure al a Ume.
00 Al dam food for die dianoa rated
drlc. acv mart ba kept either Ind—or In
t sverherwsbunt mnatrry dsagrsm ro
prose eu by anrd..
(10 The owtwr dWl mrdt ss0h the Ne:
Burr. id D.prmemd Nmlth befrn htdrg
e cNdren drgZI d or euaaNmd.
dd Theo wtW sfW1dsposede "yk 11 bJ
or othngRitnat huts abik on clldc
r hick 1, that huts de eNBt; m dispose
d<NMm Ir'4u1
() Nu the poultry drdl atanytone be ke,+t
a " fraarty part of arty dvelrMh aairy
bulld'ng woo far conth,uosn day human
ocagotron.
REASON FOR c11NNE:
to Prmk surer[ m comltlon, rte kteprB d up
W sN kmuk cl.csxru (hmy In the ter yard, d
rulamcai pr•prliu in Rural errd Resldmtld sores
(other tlsen Tr 1'rsd °MH° cons).
Tha pmpmm wwdnau nw, be Inpakd
by any Inlamm persons at the 91Ra of U,e
Common Cl.*, or In the olNx of Ratnng and
D— IoPrn-14 CRY hial, 151. 11.t Square, Saul
)ohry N.H. br. can the hoc. of B:30 a.m. red
4:30 p.m., r imdsy ehragh Fide Inclwlve,
hdldr ; earncm.
Miitkn .bjo doro W doe rrerdment tray 1e,rsl
to the ursda 4nird al City Neu.
d Jar rewka F .nth seniw fr..:r.nu.
Cosawil mee pkae mnkO she odla of the
Common CI tig,
louden Taylor,
ym4lant Common Clerk
98 -3703
PROIET DE MODIRG1pN DE
L`AARETE DF ZDNALE
OBJET: (LLVAGE DE POUM AWIW
D'USAGE SECONOAIIIE
Par Id AL k,. un aN pudk et dmnf
Pe, leguel k cam_I mmm.nd tr The C7ly d
Saint loin Indwe son Imm�tbn d'lndlr la
rn,Mt don.uNano, A ratoW de avuge de The
Zy nl Saint bhn i a rtudon wail -{- gvI sere
e eon k tale du rondl k ■,dI S pin
SD1Sd 19h dM qu OS�le:
f41. Ioul d. peraguiphe 1110(19) wi:.unl :
lSQJblp.de ssrlesAUVed'e= }audio
MelgrE route rrtre dsprldm du Abml a,ElE,
I'Ekage de p -lu ¢ due dosage secrdeke s:
rap as mn A one rEddersrc ed permk dons Iw
n. RE. et. REl 1. et dens mute le. mnu
R., seal dans Its mna. AM. et . MM
'doge des cordldont suNama
(.) Dkpmdb,u glnarale.
(0 Un mramn de dour Pouks a un mod
m de s4 poulu soo'Par
7o!
(g Lesppr.Ur d_Nent ,Ig tr eons un
pouialkrauwU d'un r,dos ea 4 our.lrenant
(.bwec.).
(l0 Un poddlkr of rfputi ttre un badmen
m
drc at ed.4 -rd aw mn
ldo
bs�orcM for paragraPha E30(l).
([)"hit dambu.r. rn p idalla,ur sale
Wna.rro dw d {use eF alWan at
u.:lanry & W. Cllyd Salnt kshn.
() Mdgd let eglgen -s !am, ¢ V marye
de hurall do bUkrwrsu acoesaha pd.ue
po ar.9.i pho 1a30(1)au PNSen n_tl.lu
ssjlity Aaks ma9ude
retell IaNraluetuf,A no dulaksde3Imit
d1 e,1 rntttre dtufs a arse e4Dnce MNmak
e 1,5 mdre,de mate hdtloUm edpante mr
ve pmpddl edr,mk.
(N) M AapdEWte air: paWu ddt hdd[er ,v
h panel. v5 ks pool., mot gerdfa.
(d01 tut dfferda dtk r do cow
u,arcepersmnel d ru va+t sa �e dei a:Ws, n
du f.nlr, d. 1- uink w but cube prudJt
pmsnnt de rtkvage de paler.
(e) taratwete- du P-1.1111..
(b It podalfi, h r'dr arc one ee plarha
mlNmale de 0,37 mtrm ant par pool. et Eire
v td dun end« -vert dun,uperllde
rdNmek de 0,92 mhve con! pr pone.
00 le peuldler did, foe cfostk sn I. rArE.
N comprta un W {l eta. r—rs vie pale.
Les ports d'rcAs dofuast pov drlue krmbe
e1 houENa pendent h NIL Lr fnEba
et k t Evmu ddv,nr ave rec-
aerb de gdkg A mettles de r,sdm de 2,5
cetlmhtre; rEs4ont eua piEdateuu et eua
(t0 Le proprlDdre r t terw de famlr el de
4i�vr dos ,daquc podaltr au main too
per chnly domunt eu man 15 eenamtaru
dope- par pool., alul gJun pwsddr par
(le poWe0lerddt ltreuWt dam la cwt
artRre Nddi mrtplAttmen eldae Fes poulu
pour b anpkh,,, de i 6dupper.
k ) le pouklllr dolt a-hr arc mr9, der renal[
mrhnale d. 3o mhtres de tool pulb etblant
0artmcha"6)
(c) Ga,dRE.w. dlVgk e
Le propdfyke garde k finder dens uw
snucnrec rnpleoront femd. at rte pout
ggaars, pas d. U 1 maitre urbe d: isrno 16
fo4.
p01e. allmenb pour Art pales domesdgru
l ^n
d [ ode mreTS.dt a I'Idblan.dt
dos us mntenent -Ulan! our Met ':
canµ) pour on mpecha ford, per b
ena-
Rq Le pmprlaolre -radm k min4t2te de b
soak du Nouveau- Bnoxlck awn do bin.
abdhe weuUun Ww pool,.
m 0 -) l le Aopeltmke ae dib. x dw puk
a remetenl3 te (rutalbtbn, notammm
t
on
fob.", w une dlnlgte veddnalre, 101 eel
equlpE pat Ellminty der pocks IEgai -oh.
N) Il ed Idadh de gidr r.x P-11 Wva,Ve
dare una u.. ou den mate prUe d•ue
roWUUen au Wun bAUment r.EbE! do Ms
d'h.Wtaom h.—kre q -9,11— eonUrs
RAISON POUR u MOEi K MON,
Pemwltr,, mw rEsene dewmluass, rdeage
dun evnbm rtu.trral desk wul don fu man
anlrc dtpmptNUS rESdn la dmFes mnu
mraka et 2"ntlelles (soul rt taws • RI i. et.
MH.).
Tag. Per— I.toreu(e pout 1w le Aolet
do nnodtkolon au burro. du pref8er<anmurwl
au bureau de ruhoohiu e r tlF.ekpprter,t¢
Rdtd de de au 15, Market Square, !Sere Ids.,
ki os.eou- Bmrc.dd, gimme B h et 16 h 30 OU
kind au verWedi, seW Fes loos lMh.
V,dllu blre pad de', *jaulon au prole[ de
modMtadon Pr &dl A rtuentlr, 6-owdgrd A
rhbtd de Ole.
9 was — budn des,rvkes on troy. parr
ve danfon du -reel mmrruu of - wa et
mmnunlqueta <kbureaudugrelflr
mmnurol.
Nrotlws Taybr,
Grdler communal equlnl
U 1703
Ad Number: A68660
Ad ID: 6411495
Current Date: Apr 30 2013 04:11 PM
Start Date: 5/7/2013
End Date: 5/2812013
Color: B/W
Client Approval OK ❑
• •
Corrections ❑
Public;
Avis
Notice
:.. Public
PROM— sUNNG RY4AW
AMEEDIAPM
RF IOEEINGOFf. KENSKA
sF1Ofs�USE
Publk Nader 4 hot' qi s that dw Cohnnnon
CoundldThe Oy d SaIn John Inera', to
cruder amend'.- me City of sort loin 2nrsng
By-bw a[As regda melxing be htld In de
C sundl Oembr m Aloadry, IYM 3, 3 %3 at
7s00 itai , !,
Adding the Idluvirg: s sulsedfon 810(1:;.
flan [-,I,, a! CAtsiurw 6. Fawrd.rr. User
NoM{tluMMn9 an, elhr prutulen of Use Zaing
E, qaw, Uw k.—, It,,P .sal In Our ry
use W a ,wide M shell be prmlrtm r tro
°REM ", and dl'R° mast urpt fo! °uA° and
'MH° mre, a,b)ect m Ile fdk �Mng corsdifi"
(.) Gxrval Pseaklaa.
0) The mOer tt d chkken shail be lirit-
Wamniraand! uand.nna— umelds.
00 Al clickms mix be bipt In • cf "0"
°amp' Ihd mnraln an .loch- outtlor
Fred ro ( °chJCkss mn °),
01) Achlden map,roll ro cr,dderca as an
., buldrg wsd arbl— to de
mgdrcme In sub- tbn0.00)-
0 ) A change of Use" "'A ham dw CA)+i
Cn. v hand 0eelopr.ed Sts ices dryarbnmt
dull Ix rrquired prier fo ulabld,fng e
Ncken mop an a prop.,.
(n Not :Itivordng Ne se[bad requlrcrrcnU
for emus -.ry b. ld". 1n,ubecdon
Bid(1) of lie CIr "s Zmksg E_ Ir 4 &kkn
crp..hail to subject to e mihk,— di
end rmr y ,d sed>rA of 3 meba, and "I
Irre a mhshnum repaoti n d,once d 7.5
mono from amy -kiVng dwdlnq on an
mpmn prapere.
(v0 The outer d the rhkkeu
I. must redde
der prcd vdrere Ne cNrLn. arc W be
kept.
(W) 71,eekeepblg d m i, chYken (-coon)
It j.D)The —nr shell keep ASkwn W
sosW ua mly, rd n. � stll eggs, manure,
mm4 orother prodwU dmswtl from cNCken,.
(b) ekkker C—P St.MVe
(� The cNtken map man Fuse o Idmm.m
of 0." sgwre metro droop door ref
per chkkem sa,d a11wR 0.92 ,q a metes
ul coded chLken con arm ps chkken.
() A chhkar coup ,hat be enclosed on dl
slduadsh. hmearoofend air r(s).
ez doors cowl be ehle m be std end
Iodmacnight.Opering 3mu send venb
un be cc .red vilh prmnor am
bid- m,utan wro of k-: than 75 tend —tha
ope=1
fri Theo pa it provide ho manor
in etch mop nkenoro perds User wood
at l.an 15 amlm.aes d apace Pr CNCWM
arse re nest la. per chkt
p.) al cnkka, t„op, mttt h b. e dorcd cry I.
therootprd and mgt f ftyertlo,ethe
't. W gnt, d,em hwn esvpirg.
(•.) Th.,Ndm mop —Lb— a minimum
.0 metre seduok human, uMlr q,,d6
(dmled for dug).
(c) s.dtay coodk or..
WTroamer.halluolene wvWnah!y
—Ioscd stra -Z and d.. no mom dun
0.1 cubic metres d rrenure al a Ume.
00 Al dam food for die dianoa rated
drlc. acv mart ba kept either Ind—or In
t sverherwsbunt mnatrry dsagrsm ro
prose eu by anrd..
(10 The owtwr dWl mrdt ss0h the Ne:
Burr. id D.prmemd Nmlth befrn htdrg
e cNdren drgZI d or euaaNmd.
dd Theo wtW sfW1dsposede "yk 11 bJ
or othngRitnat huts abik on clldc
r hick 1, that huts de eNBt; m dispose
d<NMm Ir'4u1
() Nu the poultry drdl atanytone be ke,+t
a " fraarty part of arty dvelrMh aairy
bulld'ng woo far conth,uosn day human
ocagotron.
REASON FOR c11NNE:
to Prmk surer[ m comltlon, rte kteprB d up
W sN kmuk cl.csxru (hmy In the ter yard, d
rulamcai pr•prliu in Rural errd Resldmtld sores
(other tlsen Tr 1'rsd °MH° cons).
Tha pmpmm wwdnau nw, be Inpakd
by any Inlamm persons at the 91Ra of U,e
Common Cl.*, or In the olNx of Ratnng and
D— IoPrn-14 CRY hial, 151. 11.t Square, Saul
)ohry N.H. br. can the hoc. of B:30 a.m. red
4:30 p.m., r imdsy ehragh Fide Inclwlve,
hdldr ; earncm.
Miitkn .bjo doro W doe rrerdment tray 1e,rsl
to the ursda 4nird al City Neu.
d Jar rewka F .nth seniw fr..:r.nu.
Cosawil mee pkae mnkO she odla of the
Common CI tig,
louden Taylor,
ym4lant Common Clerk
98 -3703
PROIET DE MODIRG1pN DE
L`AARETE DF ZDNALE
OBJET: (LLVAGE DE POUM AWIW
D'USAGE SECONOAIIIE
Par Id AL k,. un aN pudk et dmnf
Pe, leguel k cam_I mmm.nd tr The C7ly d
Saint loin Indwe son Imm�tbn d'lndlr la
rn,Mt don.uNano, A ratoW de avuge de The
Zy nl Saint bhn i a rtudon wail -{- gvI sere
e eon k tale du rondl k ■,dI S pin
SD1Sd 19h dM qu OS�le:
f41. Ioul d. peraguiphe 1110(19) wi:.unl :
lSQJblp.de ssrlesAUVed'e= }audio
MelgrE route rrtre dsprldm du Abml a,ElE,
I'Ekage de p -lu ¢ due dosage secrdeke s:
rap as mn A one rEddersrc ed permk dons Iw
n. RE. et. REl 1. et dens mute le. mnu
R., seal dans Its mna. AM. et . MM
'doge des cordldont suNama
(.) Dkpmdb,u glnarale.
(0 Un mramn de dour Pouks a un mod
m de s4 poulu soo'Par
7o!
(g Lesppr.Ur d_Nent ,Ig tr eons un
pouialkrauwU d'un r,dos ea 4 our.lrenant
(.bwec.).
(l0 Un poddlkr of rfputi ttre un badmen
m
drc at ed.4 -rd aw mn
ldo
bs�orcM for paragraPha E30(l).
([)"hit dambu.r. rn p idalla,ur sale
Wna.rro dw d {use eF alWan at
u.:lanry & W. Cllyd Salnt kshn.
() Mdgd let eglgen -s !am, ¢ V marye
de hurall do bUkrwrsu acoesaha pd.ue
po ar.9.i pho 1a30(1)au PNSen n_tl.lu
ssjlity Aaks ma9ude
retell IaNraluetuf,A no dulaksde3Imit
d1 e,1 rntttre dtufs a arse e4Dnce MNmak
e 1,5 mdre,de mate hdtloUm edpante mr
ve pmpddl edr,mk.
(N) M AapdEWte air: paWu ddt hdd[er ,v
h panel. v5 ks pool., mot gerdfa.
(d01 tut dfferda dtk r do cow
u,arcepersmnel d ru va+t sa �e dei a:Ws, n
du f.nlr, d. 1- uink w but cube prudJt
pmsnnt de rtkvage de paler.
(e) taratwete- du P-1.1111..
(b It podalfi, h r'dr arc one ee plarha
mlNmale de 0,37 mtrm ant par pool. et Eire
v td dun end« -vert dun,uperllde
rdNmek de 0,92 mhve con! pr pone.
00 le peuldler did, foe cfostk sn I. rArE.
N comprta un W {l eta. r—rs vie pale.
Les ports d'rcAs dofuast pov drlue krmbe
e1 houENa pendent h NIL Lr fnEba
et k t Evmu ddv,nr ave rec-
aerb de gdkg A mettles de r,sdm de 2,5
cetlmhtre; rEs4ont eua piEdateuu et eua
(t0 Le proprlDdre r t terw de famlr el de
4i�vr dos ,daquc podaltr au main too
per chnly domunt eu man 15 eenamtaru
dope- par pool., alul gJun pwsddr par
(le poWe0lerddt ltreuWt dam la cwt
artRre Nddi mrtplAttmen eldae Fes poulu
pour b anpkh,,, de i 6dupper.
k ) le pouklllr dolt a-hr arc mr9, der renal[
mrhnale d. 3o mhtres de tool pulb etblant
0artmcha"6)
(c) Ga,dRE.w. dlVgk e
Le propdfyke garde k finder dens uw
snucnrec rnpleoront femd. at rte pout
ggaars, pas d. U 1 maitre urbe d: isrno 16
fo4.
p01e. allmenb pour Art pales domesdgru
l ^n
d [ ode mreTS.dt a I'Idblan.dt
dos us mntenent -Ulan! our Met ':
canµ) pour on mpecha ford, per b
ena-
Rq Le pmprlaolre -radm k min4t2te de b
soak du Nouveau- Bnoxlck awn do bin.
abdhe weuUun Ww pool,.
m 0 -) l le Aopeltmke ae dib. x dw puk
a remetenl3 te (rutalbtbn, notammm
t
on
fob.", w une dlnlgte veddnalre, 101 eel
equlpE pat Ellminty der pocks IEgai -oh.
N) Il ed Idadh de gidr r.x P-11 Wva,Ve
dare una u.. ou den mate prUe d•ue
roWUUen au Wun bAUment r.EbE! do Ms
d'h.Wtaom h.—kre q -9,11— eonUrs
RAISON POUR u MOEi K MON,
Pemwltr,, mw rEsene dewmluass, rdeage
dun evnbm rtu.trral desk wul don fu man
anlrc dtpmptNUS rESdn la dmFes mnu
mraka et 2"ntlelles (soul rt taws • RI i. et.
MH.).
Tag. Per— I.toreu(e pout 1w le Aolet
do nnodtkolon au burro. du pref8er<anmurwl
au bureau de ruhoohiu e r tlF.ekpprter,t¢
Rdtd de de au 15, Market Square, !Sere Ids.,
ki os.eou- Bmrc.dd, gimme B h et 16 h 30 OU
kind au verWedi, seW Fes loos lMh.
V,dllu blre pad de', *jaulon au prole[ de
modMtadon Pr &dl A rtuentlr, 6-owdgrd A
rhbtd de Ole.
9 was — budn des,rvkes on troy. parr
ve danfon du -reel mmrruu of - wa et
mmnunlqueta <kbureaudugrelflr
mmnurol.
Nrotlws Taybr,
Grdler communal equlnl
U 1703
Ad Number: A68660
Ad ID: 6411495
Current Date: Apr 30 2013 04:11 PM
Start Date: 5/7/2013
End Date: 5/2812013
Color: B/W
Client Approval OK ❑
• •
Corrections ❑
Planning
Advisory Committee
March 4, 2013
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: The Keeping of Urban Chickens
Zoning Bylaw Amendment
q 7
m R?1,1'a
City of Saint John
On January 14, 2013 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its February 19, 2013 meeting.
Raymond Breau appeared before the Committee to express his support for the
proposed Bylaw amendments. Mr. Breau informed the Committee that he was the
original applicant granted temporary approval by the Committee in 2011 to keep
six chickens in his backyard. Mr. Breau stated that he has received support from
the local community and has had no problems thus far with keeping chickens on
his property.
In addition to the above presentations, the Committee received one letter (copy
attached). After considering the report, letter, comments made by the public, the
Committee recommended approval of the rezoning of the property, subject to the
conditions as set out below.
RECOMMENDATION:
That the following provisions be incorporated into the City's Zoning Bylaw:
1. Amending Section 810 by adding the following as subsection 14: "(14)
Keeping of Chickens as a Secondary Use ":
(1) General Provisions
(a) Notwithstanding any other provisions of the Zoning Bylaw, the
keeping of chickens, as a secondary use to a residence, shall be
permitted in the "RF ", "RFM ", and all "R" zones except for "RM"
and "MH" zones, subject to the following conditions:
i. The number of chickens shall be limited to a minimum of
two and a maximum of six.
-2-
ii. All chickens must be kept in a chicken "coop" that contains
an attached outdoor enclosed area ( "chicken run ").
iii. A chicken coop shall be considered as an accessory
building and subject to the requirements set out in
subsection 830(1).
iv. A Change of Use permit from the City's Growth and
Development Services department shall be required prior to
establishing a chicken coop on a property.
v. Notwithstanding the setback requirements for accessory
buildings in section 830(1) of the City's Zoning Bylaw,
chicken coops shall be subject to a minimum side and rear
yard setback of 3 metres, and shall have a minimum
separation distance of 7.5 metres from any existing
dwelling on an adjacent property.
vi. The owner of the chickens must reside on the parcel where
the chickens are to be kept.
vii. The keeping of male chickens (roosters) is not permitted.
viii. The owner shall keep chickens for personal use only, and
not sell eggs, manure, meat, or other products derived from
chickens.
(2) Chicken Coop Structure
i. The chicken coop must have a minimum of 0.37 square metres
of coop floor area per chicken, and at least 0.92 square metres
of roofed chicken run area per chicken.
ii. A chicken coop shall be enclosed on all sides and shall have a
roof and door(s). Access doors must be able to be shut and
locked at night. Opening windows and vents must be covered
with predator- and bird - resistant wire of less than 2.5
centimetre openings.
iii. The owner shall provide and maintain in each coop at least one
perch that provides at least 15 cm of space per chicken, and
one nest box per chicken.
iv. All chicken coops must be located only in the rear yard and
must fully enclose the chickens to prevent them from escaping.
V. The chicken coop must have a minimum 30 metre setback from
any existing wells (drilled or dug).
(3) Sanitary Conditions
i. The owner shall store manure within a fully enclosed structure, and
store no more than 0.1 cubic metres of manure at a time.
ii. All stored food for the domesticated chickens must be kept either
indoors or in a weather - resistant container designed to prevent
access by animals.
iii. The owner shall consult with the New Brunswick Department of
Health before having a chicken slaughtered or euthanized.
4
-3-
iv. The owner shall dispose of a chicken by delivering it to an abattoir,
veterinarian or other facility that has the ability to dispose of
chickens lawfully.
V. No live poultry shall at any time be kept in a cellar or any part of
any dwelling or any building used for continuous daily human
occupation.
Respectfully su
Mo
•i .
` an
g
Chair
JK �/
91
.,:�
The City of Saint John
DATE: FEBRUARY 15, 2013
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE
GROWTH & DEVELOPMENT SERVICES
FOR: MEETING OF FEBRUARY 19, 2013
PREPARED BY:
7oc`�i.�liffer
Planner
SUBJECT:
REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Name of Applicant: City of Saint John
Proposal: To permit the keeping of up to six chickens in select zones of the
City
Type of Application: Zoning By -law Amendment
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed amendments to the Zoning By -law.
STAFF RECOMMENDATION TO COMMITTEE:
That the following provisions be incorporated into the City's Zoning Bylaw:
q)-
SAINT JOHN
1-
P.O. Box 1971 Saint John, NB Canada E2L R? I www.saingohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1
Proposed Zoning By -law Amendment Page 2
Keeping of Chickens as a Secondary Use February 15, 2013
1. Amending Section 810 by adding the following as subsection 14: "(14) Keeping of Chickens as a
Secondary Use ":
(1) General Provisions
(a) Notwithstanding any other provisions of the Zoning Bylaw, the keeping of chickens, as a
secondary use to a residence, shall be permitted in the "RF ", "RFM ", and all "R" zones
except for "RM" and "MH" zones, subject to the following conditions:
i. The number of chickens shall be limited to a minimum of two and a maximum of
six.
ii. All chickens must be kept in a chicken "coop" that contains an attached outdoor
enclosed area ( "chicken run").
iii, A chicken coop shall be considered as an accessory building and subject to the
requirements set out in subsection 830(1).
iv. A Change of Use permit from the City's Growth and Development Services
department shall be required prior to establishing a chicken coop on a property.
v. Notwithstanding the setback requirements for accessory buildings in section
830(1) of the City's Zoning Bylaw, chicken coops shall be subject to a minimum
side and rear yard setback of 3 metres, and shall have a minimum separation
distance of 7.5 metres from any existing dwelling on an adjacent property.
vi. The owner of the chickens must reside on the parcel where the chickens are to be
kept.
vii. The keeping of male chickens (roosters) is not permitted.
viii. The owner shall keep chickens for personal use only, and not sell eggs, manure,
meat, or other products derived from chickens.
(2) Chicken Coop Structure
i. The chicken coop must have a minimum of 0.37 square metres of coop floor area
per chicken, and at least 0.92 square metres of roofed chicken run area per
chicken.
ii. A chicken coop shall be enclosed on all sides and shall have a roof and door(s).
Access doors must be able to be shut and locked at night. Opening windows and
vents must be covered with predator- and bird - resistant wire of less than 2.5
centimetre openings.
iii. The owner shall provide and maintain in each coop at least one perch that
provides at least 15 cm of space per chicken, and one nest box per chicken.
iv. All chicken coops must be located only in the rear yard and must fully enclose the
chickens to prevent them from escaping.
v. The chicken coop must have a minimum 30 metre setback from any existing wells
(drilled or dug).
(3) Sanitary Conditions
L The owner shall store manure within a fully enclosed structure, and store no more
than 0.1 cubic metres of manure at a time.
Proposed Zoning By -law Amendment
Keeping of Chickens as a Secondary Use
Page 3
February 15, 2013
ii. All stored food for the domesticated chickens must be kept either indoors or in a
weather - resistant container designed to prevent access by animals.
iii. The owner shall consult with the New Brunswick Department of Health before
having a chicken slaughtered or euthanized.
iv. The owner shall dispose of a chicken by delivering it to an abattoir, veterinarian or
other facility that has the ability to dispose of chickens lawfully.
V. No live poultry shall at any time be kept in a cellar or any part of any dwelling or
any building used for continuous daily human occupation.
BACKGROUND:
An application was received by the City of Saint John in July of 2011 that proposed a Temporary
Approval from Raymond Breau of 2 -4 John T. McMillan Drive for the keeping of six chickens for a
period of up to one year on his residential property on the City's East Side. Prior to applying for a
Temporary Approval the applicant had six chickens on his property for a short time. The applicant was
approached by the Bylaw Enforcement division of the Building and Inspection Services department and
was notified that the keeping of chickens on a residentially -zoned property was not a permitted use
according to the City's Zoning By -law.
Planning staff recommended that the applicant be granted a temporary approval to allow time for staff to
assess the impacts over the course of one year, and research the benefits and/or drawbacks associated
with the keeping of chickens in an urban context. Mr. Breau was granted temporary approval by the
Planning Advisory Committee in August, 2011. Staff have visited Mr. Breau's property on several
occasions since receiving the original Temporary Use application to assess the keeping of six female
chickens in a suburban zone. The results of these site visits, including a review of best practices, are
discussed in this report.
INPUT FROM OTHER SOURCES:
Infrastructure Development has no objection to the proposed Zoning By -law Amendments.
Inspection & Enforcement Service has been notified of this application.
N.B. Department of Health has indicated that, because of the potential of faecal material accumulating
in the outdoor area of the coop, it would be recommended to establish a 30 metre setback from any wells
(drilled or dug). Further, the Department of Health has commented that when a chicken has either died
or is to be slaughtered, it must be done in a humane and sanitary manner that is acceptable to the New
Brunswick Department of Health. The carcass should be disposed of in an approved manner as to not
create a health hazard.
Saint John Police Force has no objection to this application.
Department of Agriculture, Aquaculture and Fisheries Dr. Colleen Home, Poultry Veterinarian, has
commented that in case of sickness, the owners of any chickens should contact a veterinarian. Dr. Jim
Goltz, Veterinarian & Pathologist, has indicated that people should be aware of regulations under the
94
Proposed Zoning By -law Amendment Page 4
Keeping of Chickens as a Secondary Use February 15, 2013
NB SPCA Act, which require all people keeping birds /animals must provide adequate, food, water and
shelter.
ANALYSIS:
Overview
There are numerous cities in Canada that have considered altering their zoning bylaws to permit various
forms of "urban agriculture" to occur on residential lots. Municipalities have been asked to revisit land
use decisions regarding the keeping of animals in an urban context made decades ago that reflected the
values of a previous era. In many instances the dialogue surrounding current decision making has
included the growing interest in keeping of a small flock of chickens. The impetus for the renewed
interest in urban agriculture is couched in the ethical underpinnings of a burgeoning environmental
movement. The emerging need to create a more sustainable society is forcing communities to revisit
policies, including those that relate to urban agriculture, that were believed to be sound planning
standards for many years. Many cities enacted bylaws to this effect in the latter part of the 20th Century.
In the post -World War II period, all forms of urban agriculture were widely regarded as features of a
pre - modern society, undesirable by communities that were struggling to distance themselves from the
perception of being `backward' or `undeveloped' at the time. The conveniences of the modern city were
not believed to include the trappings of `country life', which included, among other things, the keeping
of animals as means of providing food. Best practices in urban planning during this time demonstrated
little interest in allowing cities to Iook or behave like the countrysides that surrounded them.
However, the context of environmental sustainability has reshaped our values as a society and forced
communities to re- evaluate some policies that have been enforced for decades. On several levels the
discourse of this paradigm shift has structured the dialogue to assign more value to the ecosystem and
the way we as a community impact it, which has guided change in our spending habits, transportation
choices, energy use and the food we consume. In this context, several Canadian and American cities
have debated the merits and drawbacks of urban chickens at great length, the results of which have
varied from city to city.
Keeping a small flock of female chickens (hens) in the rear yard of a residential home in an urban area is
celebrated by urban agriculturalists as being a strong contributing factor in the struggle to create a more
sustainable society. The perceived benefits most frequently associated with keeping chickens include
reducing the distance eggs have to travel before being consumed, the feeling of autonomy a person gains
over food selection, ethical concerns surrounding the treatment of factory farmed animals, and the value
intrinsic to a human -animal bond.
As a result of these positive attributes, several communities in North America have opted to amend their
bylaws to permit the keeping of chickens.
Concerns regarding the keeping of chickens
Allowing residents of an urban area to keep backyard chickens has been endorsed by several Canadian
municipalities, including Niagara Falls, Vancouver, Victoria, Saanich, North Vancouver, among others.
Likewise, Halifax, Calgary, Mississauga and Toronto are among the Canadian communities that have
opted against incorporating the keeping of backyard chickens into their zoning bylaws. Other
95
Proposed Zoning By -law Amendment Page 5
Keeping of Chickens as a Secondary Use February 15, 2013
communities, like Saint John, Moncton and Fredericton, are currently undergoing a review process to
consider the issue.
Within all these communities, there have been groups advocating both for and against the proposed
bylaw amendments. Opposition to the keeping of chickens by groups and individuals in many
communities has been fairly common, and in some instances has led to the denial of the proposed bylaw
amendments. The reasons most frequently offered against the keeping of chickens in an urban area relate
to odour, noise, the attraction of rodents and the spread of disease. These concerns are discussed below.
Odour: Like any animal's living area, chicken coops can develop an unpleasant odour if not taken care
of properly. Most cities that have permitted the keeping of backyard chickens have incorporated
regulations that require regular cleaning of the chicken coop and chicken droppings. Gauging from
personal visits to 2 -4 John T. McMillan Drive during the course of the one year Temporary Use permit,
it is evident to staff that proper care of a chicken coop can easily address this concern. Raymond Breau,
the applicant at the time, more than adequately demonstrated to staff that he takes proper care of his
chicken coop, ensuring that the droppings are regularly disposed of in an appropriate manner and that all
food is properly stored. Mr. Breau maintains his chicken coop in good condition and takes every
precaution to prevent the occurrence of any odours. On all occasions staff visited Mr. Breau's chicken
coop, there was never more than a slight odour evident when standing inside the chicken coop, which is
to be expected. From outside the coop, there was no detectable odour whatsoever.
Noise: There is little credibility to the argument that chickens make an unacceptable amount of noise for
an urban environment. On staff visits to Mr. Breau's property, the noise emanating from the chicken
coop was at most a small amount of clucking - much less than a dog or a passing car. As indicated in the
staff report in August, 2011, "The decibel reading for hens (not roosters) is between 50 and 70 dBs,
depending on one's distance from the hens and any vegetation or barriers lying in between. A barking
dog, on the other hand, can range between 75 and 100 dBs." If chickens are kept in the rear yard of a
property, setback three metres from the property line and 7.5 metres from any neighbouring residential
structure, the noise produced from a chicken coop with a maximum of six hens would not be disruptive
to the surrounding neighbourhood.
Attracting rodents: The keeping of chickens involves the risk of attracting other unwanted animals, such
as rodents. However, research shows that this can be safely addressed by taking necessary precautions.
Rodents are not attracted to the chickens themselves; rather the chicken feed or other scraps of food that
may comprise part of the chickens' regular diet. Ensuring that all food is stored in a closed container
inaccessible to other animals is an effective means to address the potential problem of rodents.
The spread of disease: A final area of concern commonly expressed by other communities is the
potential for avian diseases to spread faster through a community as a result of a greater number of
potential disease - carrying species in the region. Recent scares of avian viruses jumping from bird
species to humans, such as the Avian Flu Virus, have heightened health concerns across the globe.
However, the likelihood of viruses spreading from a small number of backyard chickens to humans is
highly unlikely. Some studies suggest that factory farms with a much larger number of chickens in
cramped living conditions are more likely to be breeding grounds for an avian virusi.
' Bouvier, Jaime (2012), "Illegal Fowl: A Survey of Municipal s Relating to Backyard Poultry and a Model Ordinance
for Regulating City Chickens ". Environmental Law Institute, ington, DC.
Proposed Zoning By -law Amendment Page 6
Keeping of Chickens as a Secondary Use February 15, 2013
Research indicates that if an avian virus were to be passed to a coop of backyard chickens, it would
likely have to be transmitted either via droppings of other bird species or by a person who has come into
contact with an infected bird and inadvertently passed the virus to a domestic flock. The chances of such
a scenario occurring are negligible; however, taking simple precautions can further mitigate the risk.
Having a covered roof over both the chicken run and the coop is one such strategy that would lessen the
chance of disease spreading among avian species. A solid roof would prevent droppings from other bird
species to enter the living space of the backyard chickens.
Research of other municipalities that have amended their bylaws to permit the keeping of chickens has
not indicated that any of the above issues have been a great concern. On the contrary, it was made clear
through discussions with staff in both Niagara Falls and Vancouver that the keeping of chickens has not
been a problem in their respective municipalities.
The Municipal Plan
In Policy NE- 36(b), The Municipal Plan specifically identifies the need to support more urban
agriculture in order to reduce the cost of healthy food: "Council shall encourage the production of local
food and work to increase access to fresh food by ... allowing small -scale urban agriculture within the
PDA, in accordance with appropriate provisions in the Zoning Bylaw ". In addition to providing greater
access to healthy food options, urban agriculture has a number of other assets associated with its
practice. Literature on the subject of keeping chickens in an urban context presents a variety of ways in
which urban agriculture of the sort proposed in this report advances ecological sustainability, promotes
animal welfare and enhances food security for a community, which are pertinent issues supported by
P1anSJ.
Through the research conducted and site visits to Mr. Breau's property, staff have come to the
conclusion that the keeping of female chickens in the rear yard of a one or two - family residential
property does not present considerable health or safety issues to the community and is in keeping with
the direction established by The Municipal Plan. Cities that have amended their bylaws in favour of the
keeping of chickens in an urban context have a diverse range of regulations that address the concerns
outlined above. Staff have reflected on these regulations and used them as a framework to derive a set of
recommended standards for the Iocal context, which are discussed below.
Proposed bylaws
As mentioned, the proposed bylaw standards in this report are a result of existing bylaws in other
Canadian and American municipalities as well as bylaws drafted from extensive research conducted on
keeping chickens in an urban area to create the optimal policy framework for the local context. The
attached table is a summary of several cities that have opted to permit urban chickens in their respective
communities. In many instances, the standards adopted by these communities are very similar or the
same as those proposed in this report. The size of the coop, setback requirements and the provision that
no roosters be permitted are all examples of bylaw standards common to the majority of municipalities
that have approved the keeping of chickens. Further, most municipalities do not allow the sale of eggs,
require the coop to be in the rear yard, and require the owner of the chickens to live on the property.
Staff regard these standards to be reasonable and are therefore included among the current proposed
bylaw amendment.
97
Proposed Zoning By -law Amendment Page 7
Keeping of Chickens as a Secondary Use February 15, 2013
Other proposed regulations, such as a minimum of two chickens, the provision of a perch, the storage of
chicken feed, and the removal of manure on a regular basis are all provisions that are not as common in
other communities, or entirely unique to the bylaw amendment proposed for Saint John. These proposed
standards stem from the research conducted and are designed to address the concerns raised in other
communities as well as contemplate the sensitivities of urban agriculture from the perspective of both
the humans and animals affected.
Enforcement
The enforcement of the proposed bylaws relating to the keeping of chickens would not be any different
than the enforcement of other land uses within the City. An individual wishing to have a flock of
backyard chickens would be required to obtain a "Change of Use" permit from the Growth and
Development Services department in City Hall. At that time, staff would review the application, check
to ensure the zoning was appropriate, the setbacks were adequate, and that the application complied with
any other existing bylaws imposed by Council with regard to the keeping of chickens. This point of
contact would also offer staff the opportunity to talk with the potential coop owner regarding some of
the issues identified above, and direct him/her to any useful literature, websites, pamphlets, or other such
materials to further their knowledge on the most current practices for keeping chickens in an urban
context. After the Change of Use permit has been issued and the chicken coop established, one
inspection to ensure the standards are met ,%Hill be conducted by staff. After the establishment of the
chicken coop and the initial inspection has been completed, future enforcement would be driven by any
complaints that might arise from the community.
CONCLUSION:
The keeping of six chickens in the rear yard of a residential dwelling at 2 -4 John T. McMillan Drive was
approved in 2011 for a period of one year. In that time, staff have researched the practice of backyard
chicken keeping and monitored the coop at the subject site. Staff have found there to be minimal
concern with keeping a small number of female chickens and are therefore recommending that the
Zoning Bylaw be amended to incorporate the keeping of chickens in most residential zones, subject to
the bylaw provisions proposed in this report.
JK
4 •
..
Max # of
Lot Size
Space provision
Rear Yard Set
Side Yard
city
Chickens
Roosters
Requirements
per hen
Back
Set Back
Other
at least 0.37 m2 of
1
Vancouver
coop floor area,
and at least 0.92
provide and maintain a floor of any
m of roofed
combination of vegetated or bare earth in each
outdoor enclosure
outdoor enclosure
provide and maintain, in each coop, at least one
perch, for each hen, that is at least IS cm long,
and one nest box
keep each hen in the enclosed area at all times
provide each hen with food, water, shelter,
light, ventilation, veterinary care, and
opportunities for essential behaviours such as
scratching, dust - bathing, and roosting, all
sufficient to maintain the hen in good health
maintain each hen enclosure in good repair and
sanitary condition, and free from vermin and
obnoxious smells and substances
construct and maintain each hen enclosure to
prevent any rodent from harbouring
underneath or within it or within its walls, and
to prevent entrance by any other animal
keep a food container and water container in
each coop
keep each coop locked from sunset to sunrise
remove leftover feed, trash, and manure in a
timely manner
..
100
store manure within a fully enclosed structure,
and store no more than three cubic feet of
manure at a time
remove all other manure not used for
composting or fertilizing
follow biosecurity procedures recommended by
the Canadian Food Inspection Agency
keep hens for personal use only, and not sell
eggs, manure, meat, or other products derived
from hens
not slaughter, or attempt to euthanize, a hen on
the property
not dispose of a hen except by delivering it to
the Poundkeeper, or to a farm, abattoir,
veterinarian, mobile slaughter unit, or other
facility that has the ability to dispose of hens
lawfully
not keep a hen in a cage
Max # of
Lot Size
Space provision
Rear Yard Set
Side Yard
City
Chickens
Roosters
Requirements
per hen
Back
Set Back
Other
rooster
are not
Niagara
permitted
2
Falls
10
within the
Urban
No owner shall allow or permit his or her
Boundary
25 ft
15 ft
chicken to be at large
All chicken coops shall be located only in the
F1
rear yard and must fully enclose the chickens
and prevent them from escaping
100
101
The chicken coop shall be designed and
constructed to ensure proper ventilation and
sufficient space for the chickens and maintained
in accordance with good animal husbandry
practices and shall keep all vermin out
All dead chickens must be disposed of
immediately and in any event, within 24 hours
There must be hygienic storage of and prompt
removal of chicken feces
The chicken's food supply must be protected
against vermin
All lots housing chickens must have:
(1) detached dwellings on them;
(2) a frontage of at least 40 feet; and,
(3) a depth of at least 100 feet.
3
Saanich
.37 m2 of coop
owner or occupier of the parcel registers the
5
not less than 55
floor area
3m
3m
flock of hens with the Municipality
at least .92 m2 of
roofed outdoor
the owner of the hens resides on the parcel
10
1,114.8 m2 - 1,8
enclosure area
where the hens are to be kept
occupies an area
of land not
exceeding 9.2 m2
30
1,858 m2 - 0.4 h
(99 sq. ft).
is located in the rear yard of the parcel
no limit
I
over 0.4 ha I
I
is not more than 2 in in height
101
102
Max # of
Lot Size
Space provision
Rear Yard Set
Side Yard
City
Chickens
Roosters
Requirements
per hen
Back
Set Back
Other
4
North
Secure feed to eliminate the risk of pest intrusion
Vancouver
8
No
loft
loft
and spoilage
5
Whitehorse
6
No
60% of neighbours have to agree
Portland,
5
Org
3
It shall be lawful to keep poultry flocks of any
6
size in A -1 zones of the city, so long as they are
Rogers, Arz
4
no
confined
No birds
shall be allowed in multi- family complexes,
including duplexes
There shall be no outside slaughtering of birds
All fowl must be kept at all times in a secure
enclosure constructed at least two feet above the
surface of the ground
Enclosures must be situated at least 25 feet
from the nearest neighbor's residence
Enclosures must be kept in a neat and sanitary
condition at all times, and must be cleaned on a
regular basis so as to prevent offensive odors
102
103
must obtain a permit from the Office of the City
Clerk, after an inspection and approval by the
Office of Animal Control, and
must pay a $5.00 annual fee
up to four
(4)
Madison,
chickens on
7
a lot with
Wis
up to four
dwelling
Units
no
No person shall slaughter any chickens
The chickens shall be provided with a covered
enclosure and must be kept in the covered
enclosure or a fenced enclosure at all times
No enclosure shall be located closer than twenty -
five (25) feet to any residential structure on an
adjacent lot
The owner, operator, or tenant obtains a license
The applicant for a license notifies all residents of
the property and the owner or operator of the
property if the applicant is not the owner or
operator. Notification is not required for renewal
of a license
Max # of
Lot Size
Space provision
Rear Yard Set
Side Yard
City
Chickens
Roosters
Requirements
per hen
Back
Set Back
Other
8
Portland,
required (depending
on
25 feet from any residential structure on an
Maine
6
no
area of the
city)
adjacent lot
Enclosed area for chickens
103
104
Must own the property or have written consent
from owner
Each fowl shall
have at least four
square feet of floor
Rochester,
space when kept in
9
NY
Not more
a coop and shall
than 30 fowl
have at least four
may be kept
square feet of
in an open
Not older
space in addition
All fowl shall be kept on premises of the licensee,
area of 240
than 4
thereto as and for a
except, however, that licensee may exercise and
square feet
months
runway
engage in flight only pigeons or carrier pigeons
All coops, runways and premises where fowl are
kept shall be at all times clean and sanitary
No live poultry shall at any time be kept in a cellar
or any part of any dwelling or any building used
for continuous daily human occupation
All coops and runways shall be at least 25 feet
away from any dwelling or any building used for
continuous daily human occupation
104
105
A minimum of two
(2) square feet per
hen shall be
10
provided for
henhouses and six
(6) square feet per
No person shall keep chickens within the
0 to 5,009
bird for fenced
metropolitan government area in such a manner
Nashville
2
no
square feet
enclosures
loft
loft
that a nuisance is created
The keeping of chickens shall be in compliance
5,010 to
with all applicable zoning laws pursuant to Title 17
4
10,236 sq feet
of the Metropolitan Code
Max # of
Lot Size
Space provision
Rear Yard Set
Side Yard
City
Chickens
Roosters
Requirements
per hen
Back
Set Back
Other
The permittee must occupy the residence on the
property where the hens are kept as the
6
10,237 feet or more
permittee's personal, primary residence
An applicant for a permit must either own the
property or have permission from the property
owner to be eligible for a permit
The fee for an annual permit to keep
domesticated hens is twenty -five dollars
All stored food for the domesticated hens must be
kept either indoors or in a weather- resistant
container designed to prevent access by animals.
Uneaten food shall be removed daily
105
106
All domesticated hens shall be kept outside of a
habitable structure in a predator -proof enclosure,
a portion of which must be a covered henhouse,
and a portion of which must be a fenced area
complying with the provisions of Chapter 16.24 of
the Metropolitan Code applicable to the
construction of fences
In addition to the fenced enclosure, hens shall be
provided with a covered, predator - resistant
henhouse
Fenced enclosures and henhouses must be
properly ventilated, clean, dry, and odor -free,
kept in a neat and sanitary condition at all times,
in a manner that will not disturb the use or
enjoyment of neighboring lots due to noise, odor
or other adverse impact
The henhouse and fenced enclosure must provide
adequate ventilation, adequate sun and shade,
and must be constructed in a manner to resist
access by rodents, wild birds, and predators,
including dogs and cats
Henhouses shall be enclosed on all sides and shall
have a roof and doors. Access doors must be able
to be shut and locked at night. Opening windows
and vents must be covered with predator- and
bird - resistant wire of less than one (1) inch
openings
Max # of
Lot Size
Space provision
Rear Yard Set
Side Yard
City
Chickens
Roosters
Requirements
per hen
Back
Set Back
Other
106
107
Provision must be made for the storage and
removal of chicken manure. All manure for
composting or fertilizing shall be contained in a
well - aerated garden compost pile. All other
manure not used for composting or fertilizing shall
be removed. In addition, the henhouse and
surrounding area must be kept free from trash
and accumulated droppings.
No perceptible odor from the hens or the hen
enclosure shall be present at any property line.
All feed shall be stored in a rodent and
predator -proof container having a metal lid.
no slaughtering of domesticated hens may
occur on the property.
No breeding of chickens shall occur on the
property.
No domesticated hens shall e used or
trained for the purpose of fighting for
amusement, sport, or financial gain.
side and/or rear yards of a residential
property
(25) feet away from any residential
structure (other than the permit holder's
residence)
ermit requ—ir–eT. A valid permit issuEd by
the department of health pursuant to
Section 8.12.020 of the Metropolitan Code
shall be obtained and maintained at all
times
107
108
Seatle
8
no
no permit required
Coop Restrictions Structures housing domestic
fowl must be located at least 10 feet away from
any structure that includes a dwelling unit on an
adjacent lot
108
AL�
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DE
a FEB 15 2013
L21
i
Tibbits, Kelly
From: Taylor, Jonathan
Sent: Monday, March 18, 2013 4:43 PM
To: Tibbits, Kelly
Subject: FW: Support for proposal for council to consider on the topic of backyard chicken keeping
From: Kliffer, Jody
Sent: March -01 -13 9:38 AM
To: Taylor, Jonathan
Subject: FW: Support for proposal for council to consider on the topic of backyard chicken keeping
From: Tracy Palmer fmailto:tpalmer.nd gmail.com]
Sent: March -01 -13 9:36 AM
To: Kliffer, Jody
Subject: Support for proposal for council to consider on the topic of backyard chicken keeping
Hello Jody,
I am writing in support of the proposal for council to consider on the topic of backyard chicken keeping.
Allowing the Saint John community to keep chickens in their back yard would provide a number of benefits:
1. It is an easy way to ensure the community is getting access to high quality, fresh food.
2. It would provide an ethical food source for the community. Chickens are allowed to move around in the
yards and eat bugs as they would in their natural habitat. This is a stark contrast to their quality of living in
today's chicken coops.
3. It would serve as a great opportunity for children to begin to see first hand where their food comes from and
promote more mindful eating habits.
4. Food less travelled, is obviously better for the environment.
5. For the individual chicken keepers, chickens serve as chemical -free pest and weed control for their gardens.
In addition, chicken manure is very high in nitrogen and is an excellent natural fertilizer.
Thank you for your consideration,
Tracy Palmer ND
110
Tibbits, Kelly
From: Taylor, Jonathan
Sent: Thursday, March 07, 2013 7:48 PM
To: Tibbits, Kelly
Subject: FW: there ain't nobody here but us chickens
From: Kliffer, Jody
Sent: March -07 -13 3:58 PM
To: Taylor, Jonathan
Subject: FW: there ain't nobody here but us chickens
Sorry Jon, I don't think you got this one...
From: Marianne Beckwith Finailto :marianne.beckwith@)gmaii.coml
Sent: February-23 -13 2:16 PM
To: Kliffer, Jody
Subject: there ain't nobody here but us chickens
Hi Jody!
Just a short note to say I would love it if folks in Saint John could house their own Hens in the
City Limits -- I am 55 years old -- -but when i was 6 years old, living on Second Street in East Saint
John, the man around the corner had a HEN HOUSE!!! He used to let us kids go in and see if there
were any eggs freshly laid. He was a sweet man. Don't remember his name. It's one of my favourite
early childhood memories ! ! !
As long as everyone kept within the rules that would be needed,I can't see why this can't be a great
way to go for the city - - -we could set a trend!! Imagine - - -we are allowed to have CLOTHESLINES
haha - - -so we are pretty 'countrified' as it is --- Anyway,just thought I would weigh in on the issue!
Cheers,
Marianne Beckwith
111
Tibbits, Kelly
From: Taylor, Jonathan
Sent: Thursday, February 28, 2013 4:43 PM
To: Tibbits, Kelly
Subject: Fwd: Chickens in the City
Begin forwarded message:
From: "Kliffer, Jody" Tod .Kliffer saint'ohn.ca>
Date: 28 February, 2013 3:46:03 PM AST
To: "Taylor, Jonathan" <io nathan.taylor@saigIjohn.ca>
Subject: FW. Chickens in the City
They just keep coming...
From: Fran Menton mailto:mentonfm mail.com
Sent: February-28 -13 2:27 PM
To: Kliffer, Jody
Subject: Chickens in the City
Jody,
I was informed that you will be submitting a proposal to council about allowing chickens to be
raised in our backyards.
I actually grew -up in St. Andrews where we kept a few chickens and I loved being able to have
fresh eggs in our house -hold. It is amazing the difference you can physically see and taste when
you compare these eggs to those from our grocery stores.
I fully support your initiative (as long as it is clear that roosters cannot be kept within city limits -
we had one and he was very noisy).
I also want to ensure that the chickens are treated properly, that there are strict guidelines on how
they should be raised (you don't want amateurs who are not prepared for this responsibility) and
that they be provided with proper environment.
Would really like to see us follow the same best practices used in other cities. Let them be a
learning example for us :)
Best of luck with the proposal, looking forward to the outcome.
-Fran Menton
112
Tibbits, Kell
From: External - Planning
Sent: Monday, March 04, 2013 9:17 AM
To: Tibbits, Kelly; Chown, Jeanne
Cc: Kliffer, Jody
Subject: FW: bylaw
- - - -- Original Message---- -
From: Peters, Kyle (ASD -S) [mailto:K le.Peters nbed.nb.ca]
Sent: March -02 -13 10 :41 PM
To: External - Planning
Subject: bylaw
Hi there
I just wanted to express my full and overwhelming support for the proposal to amend the bylaw
pertaining to chickens in urban spaces.
I live within the city limits and have been planning for and waiting until the day when
chickens are allowed in Saint John. They are far more useful than budgies or parakeets. They
also stay in an enclosed area and don't bother anyone (which is more than I can say about the
dogs in my neighbourhood that defecate on my property). They'll provide my family with an
incredible amount of food, significant grocery savings, and they will consume most of my
family's food waste, which keeps it out of the municipal compost heap. They will also control
the bug population in my garden, which will increase the rate of success with which I can
grow my own vegetables, which, again, will mean grocery savings on the vegetable front.
In other words, hens are a great idea for every family and I would love to be able to own
some.
Thanks for your time.
-Kyle Peters
Resident of west Saint John
113
acre
Date February 27, 2013
To: Jody Kliffer
Re: Chickens in Saint John...... backyards
Dear Jody,
I support the proposal for council to consider backyard chicken keeping. In my years as an
Architect living in various cities in Canada, United States and in Europe I have often heard of the
debate for increased food production within our city limits as long as it was done in a respectfully to
the community.
Having the community understand and even learn how our food production cycle works is
something becoming ever more important as global food chains are increasingly becoming suspect.
Local food is sustainable and healthy.
I support urban chickens in Saint John. Please let me know if you have any questions.
Thanks and good luck.
Stephen Kopp
Partner, Architect
MONICA ADAIR, AANB, LEED AP & STEPHEN KOPP, AANB, LEED AP
ACRE ARCHITECTS INC 1 86 PRINCE WILLIAM I SAINT JOHN, NB I E2L 2133 506.651.3647
w4nv.theacre.ca
114
Tibbits, Kelly
From: Taylor, Jonathan
Sent: Thursday, February 28, 2013 9:07 AM
To: Tibbits, Kelly
Subject: FW: Support for Back Yard Chicken Proposal
- - - -- Original Message---- -
From: Kliffer, Jody
Sent: February -28 -13 9:03 AM
To: Taylor, Jonathan
Subject: FW: Support for Back Yard Chicken Proposal
- - - -- Original Message---- -
From: jennifer eidt [ mailto :iennifereidt @hotmail.com]
Sent: February -27 -13 8:16 PM
To: Kliffer, Jody
Subject: Support for Back Yard Chicken Proposal
I am a part time stay at home mother. With this role, I am always trying to incorporate
meaningful ideas and activities our family can do together. Raising backyard chickens is an
activity I feel helps accomplish this. It teaches a lifelong lesson on where our food comes
from, and one that can be done as a family. Raising chickens also imparts responsibility
since the chickens need to be cared for daily. This also teaches children to care for pets,
which can lower stress levels in all family members. It gives a structured routine that I
feel all family members, particularly children, thrive on. Children can help feed chicken
table scraps as part as their contribution. This helps to reduce landfill costs
significantly. Another benefit of raising chickens for our children and the community, is the
nitrogen rich manure. This manure can be used as fertilizer to grow our own produce in our
community or backyard gardens. Children love to eat anything they have grown or nurtured with
their help. Chickens naturally scratch and dig which helps create quality garden beds by
acting as a tiller. The mixing of their manure with mulch, compost and other untreated
backyard wastes helps produce to be grown in smaller spaces requiring less water. Chickens
also love to eat insects and ticks helping to reduce the use of chemicals on our properties
around our children. So besides the many benefits of raising chickens in our own backyards, I
strongly believe this is a valuable life long skill and lesson that will help enrich our
children.
Sincerely,
Jennifer Doyle
Sent from my iPhone
115
Tibbits, Kelly
Subject: RE: Chicken Coops
From: Alex Pesold mailto:alexander. sold mail.com
Sent: February -22 -13 5:37 PM
To: Kliffer, Jody
Subject: Chicken Coops
Hi Jody,
I am writing to express my support for the raising of chickens within the city limits of Saint John.
With the difficulties in obtaining a healthy source of fresh eggs at a reasonable price I think it would be a good
idea to allow residents to raise their own chickens.
Alexander Pesold
Pesold Solutions
Saint John
506- 640 -3666
www.pesoldsolutions.com
www.next- gen.ca
116
Tibbits, Kelly
From: Taylor, Jonathan
Sent: Wednesday, February 27, 2013 9:20 AM
To: Tibbits, Keily
Subject: FW: Bring on the chickens
From: Kliffer, Jody
Sent: February-27 -13 9:03 AM
To: Taylor, Jonathan
Subject: FW: Bring on the chickens
Fyi...
From: Philip Savage rmailto:dharmabum 44(dhotmail.coml
Sent: February-26 -13 9:30 PM
To: Offer, Jody
Subject: Bring on the chickens
Hey Jody,
I understand you're proposing a case to council for chickens in the city. I thought I'd voice my support as I think this is
progressive move. Please forward this to anyone interested.
Chickens are an essential part of the sustainable food producing garden providing a nutritious protein source (eggs) as
well as other benefits like insect control, weed control, soil fertilization and companionship. In an urban setting, where
large livestock is just not feasible, hens are quiet, clean, and unobtrusive solution to small scale nutrient cycling. Nutrient
cycling is key to creating resilient, localized food systems and animals are key to nutrient cycling.
In my experience, chickens (roosters excluded) make less noise than most dogs and the manure, if managed properly,
has very little smell and helps create healthy soils. They are gentle creatures, unlikely to bite, chase cars, devour song-
birds etc. and on the plus side they will eat common lawn and garden insect pests. If basic rules /limits are established I
see no trouble with hens in the urban setting and I believe they would benefit in building a healthy, engaged and green
urban community.
Thanks,
Philip Savage
Cert. Master Gardener and Permaculturist
117
Tibbits, Kelly
From: Taylor, Jonathan
Sent: Tuesday, February 26, 2013 1:23 PM
To: Tibbits, Kelly
Subject: FW: Backyard Chickens
From: Kliffer, Jody
Sent: February-26 -13 11:38 AM
To: Taylor, Jonathan
Subject: FW: Backyard Chickens
From: Jen MacLean [mailtoJen@hemmingshouse.com]
Sent: February-25 -13 1:43 PM
To: Kliffer, Jody
Subject: Backyard Chickens
Hi Jody,
Just wanted to send a note in support of having backyard chickens within the city. I think it's important to have
the option to grow your own food. Eggs are a great source of protein, however, it certainly add up if you choose
to purchase organic eggs in the grocery store. I think it would be a great way of feeding your family a nutritious,
healthy meal and save money.
Many thanks,
Jennifer MacLean
Jennifer MacLean
Producer
Hemmings House Pictures Ltd.
www.hemminashouseDictures.com
ien0hemminashouse.com
Mobile: 506 - 608 - 7137
fi
you
E�
118
Tibbits, Kelly
From:
Taylor, Jonathan
Sent:
Tuesday, February 26, 2013 9:56 AM
To:
Tibbits, Kelly
Subject:
FW: urban chicks
From: Kliffer, Jody
Sent: February-26 -13 9:01 AM
To: Taylor, Jonathan
Subject: FW: urban chicks
From: Michael M McDonald [mai Ito: keepgivenera�amail.coml
Sent: February-23 -13 9:48 AM
To: Offer, Jody
Subject: urban chicks
I am writing this letter to lend community support, in regards to a bylaw change that might enable Saint John
citizens to raise and keep egg laying hens on their property.
If one does a bit of research, you will find that this is not an uncommon practice and the urban poultry
movement is not just a Saint John movement. Bylaws in cities all over North America are being changed to
allow urban poultry raising.
Raising chickens provides families with fresh, healthy eggs daily. These birds are quiet and easy care for.
More and more, consumers are demanding that they have more control over where their food is coming
from-The local farmer is on the rise again because of this consumer demand.
Saint John has a chance to take the lead in this simple, healthy and economical practice that is not a new urban
movement; but one that makes sense. I ask that the bylaws be changed to allow egg laying hens in our city.
119
Tibbifs, Kelly
From:
Taylor, Jonathan
Sent:
Tuesday, February 26, 2013 9:56 AM
To:
Tibbits, Kelly
Subject:
FW: Chickens
- - - -- Original Message---- -
From: Kliffer, Jody
Sent: February -26 -13 9:00 AM
To: Taylor, Jonathan
Subject: FW: Chickens
- - - -- Original Message---- -
From: peter smit [mailto:danika(&nbnet.nb.ca]
Sent: February -22 -13 9:52 PM
To: Kliffer, Jody
Subject: Chickens
Hi Jody,
Just a short note to support your stance on back yard chicken keeping.
Why not? Green, balanced approach to growing your own food, fun for children and adults,
getting a bit closer to nature, any negatives ? ??
I grew up with chickens in our back yard in Holland, fond memories and great food, why not in
Saint John?
All the best with your proposal to Council!
Regards,
Peter
Happinez Wine Bar
42 Princess Street
Saint John, NB
E2L 1K2
T 634 7340
E infoflahappinezwinebar.com
W www.happinezwinebar.com
1120
Kliffer, Jody
From: Justin Kennedy <justin @maritimesource.ca>
Sent: February-22 -13 3:44 PM
To: Kliffer, Jody
Subject: I support chickens in SJI
To Whom IT May Concern:
I support residents raising chickens in their backyards. There needs to be more self- sustaining activity like this
so we become less dependent on imported food.
Thank you,
Justin Kennedy
197 Bridge St
Saint John
Justin Kennedy
Maritime Source, Inc.
http: / /inaritiliiesource. ca
877 -347 -5231
1121
FES 2 2 2013
Kliffer, Jody
From: thebain @nbnet.nb.ca
Sent: February-22 -13 12:16 PM
To: Offer, Jody
Subject: Backyard chickens in Saint John
Jody
As a southend resident of Saint John I support you initative to have a limited numbbackyardvkyard chickens.
Sandra Bain
290 Duke St
Saint John NB
506 652 3815 h
506 650 9650 c
Sent from Samsung mobile
1122
01
FEB 2 2 2093
Kliffer, Jody
From: deb eden <mddeden @hotmaii.com>
Sent: February -22 -13 12:14 PM
To: Kliffer, Jody
bli Jody;
This is my letter IN SUPPORT of Ashley and Bob Fitzgerald's application for city approval of backyard chickenry (is there
such a word ? ?).
I wholeheartedly support self- sustenance, responsible food production, organic farming and people's right to produce
their own healthy food for their family.
Raising your own chickens, for your own consumption, in your own yard, is an endeavour that is as old as the hills. It is
also one that not too many city dwellers will be interested in embarking on (unfortunately), so, I believe municipal
concerns about 'controlling everyone and their chickens' will be unfounded.
Please pass on my support at the next City Council meeting.
Thanks,
Debbie Eden
FEB 2 2 2013
1 123
KlifFer. Jody
From: Shane <bing42 @gmai1.com>
Sent: February -22 -13 8:49 AM
To: Offer, Jody
Subject: Chickens at Home
Good morning,
I would Iike to pass on my support to those who are interested in raising chickens at home. We all know that
locally produced food is what people are looking for for their families. If things are set up properly I see no
harm andin fact a great benefit. Here are a few reasons:
Eggs from well- tended backyard chickens are healthier. Factory farmed chickens live their lives without
ever touching the soil or being allowed to hunt and peck for bugs. They are fed an unnatural and unvaried diet.
These environmental conditions are designed to produce eggs quickly and cheaply in the factory farm. But the
result is an egg that is less nutritious than eggs produced by chickens allowed to exercise, peck for bugs and
engage in their natural chicken -y behavior.
In contrast to factory farm eggs, eggs from backyard chickens have 25 percent more vitamin E, a third more
vitamin A and 75 percent more beta carotene. They also have significantly more omega -3 fatty acids than
factory farmed eggs.
Looking forward to some good news.
Lynda Billingsley
1124
FEB 2 2 2013
Kliffer, Jody
From: Jenna Weeks <jennafire @gmail.com>
Sent: February-22 -13 10:20 AM
To: Kliffer, Jody
Subject: Chickens in the Back yard
Hello,
To whom it may concern.
I would like to instill a sense of advocacy for housing our fine feathered friends (chickens) within the confines
of a private property within the city.
The benefits of this are many,
This is one of the healthiest and most sustainable ways to obtain eggs, chicken meat, and fertilizer for gardens.
The health benefits alone of having true free range chickens raised without the use of antibiotics or hormones
has the potential to lift a portion of the burden on the health care system. Not only by having chickens but those
that do partake in this kind of urban farming often enlist in other methods of healthy practices.
As well, I think it is important for our children and members of our society to see just where their food comes
from. Having chickens in the neighborhood provides this kind of exposure to other member of the community,
and fosters a necessary respect for where our food comes from.
Last year I had the pleasure of house sitting for colleagues of mine for the month of March. They have 4
chickens on their property. Therefore, I was able to interact with them personally. They are very quiet, and very
easy to maintain and care for. Contrary to popular belief they don't smell, and are very clean and simple
animals. They are very predictable, and therefore easy to keep.
I was able to speak with the neighbors and asked them if they had any qualms with the chickens. One set of
neighbors said they thought it was pretty neat, and that the chickens caused them no problems. The other
neighbours didn't even realize that there were birds living next door, (which at that point they had had them for
4 months). they also thought it was neat and said the birds caused them no problems. The houses sit on 3/4 acre
lots next to each other.
Therefore I am strongly in favor of allowing people on private land to raise between 4 -6 chickens
Thank you for you time
Sincerely,
Jennafer Weeks
1125
FEB 2 2 2013
Kliffer, Jody
From: Glen MacLean <glen @ormacindustrial.com>
Sent: February-22 -13 9:48 AM
To: Kliffer, Jody
Subject: Backyard Farming
Attachments: 1mage001.gif
Good morning, I'm writing this email in support of backyard farming. With all the issues in regards to environment, food
safety and food quality i find it necessary to take some action in the choice of food I consume and decide where it
comes from. I have grown up on a farm, goats, horses, chickens and pigs. For one the experience of being close to your
food gave me a respect for the animal its life and appreciate the circle in which this world works. I was lucky to be able
to have the opportunity to have the space and family that showed me that food is actually a living thing not just a
product on the grocery store shelf. From growing up on a farm 1 was taught how to care for these animals and that it is
necessary for the health of the animal and then in turn the product it provides to clean and care for them properly. A
properly cared for farm is not smelly nor does it attract unwanted vermin if properly taken care of. This issue of having
chickens in ones back yard seems to be a necessity in my view. With rising food costs and importance of nutrition I
believe it is our right as citizens to produce food that we ourselves are in control of. I hope that we can review the
current stand and work together to come up with a solution.
Eggs provide wonderful sources of protein, all nine essential amino acids and other essential vitamins our body needs.
I think it is in our best interest as a community to take care of our health to avoid sickness and to live long and happy
lives. I believe that healthy people make healthy communities.
Thanks for your time, if you have any need to contact me you can at the numbers and email listed below.
Regards,
Glen MacLean
Office: 506 - 432 -6960 1
0 =llelar: 506 -434 -3938 FEB 2 2 2013
Fax: 506.433 -2565
Email: crlert(kgrmacindtlstrial.com
LINCOLN
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1126
Kliffer, Jody
From: jamie williams <jamiewil1iams07 @hotmail.com>
Sent: February-22 -13 11:29 AM
To: Offer, Jody
To whom it may concern:
I was just informed of a petition being started, to drum up support for people who would like to keep chickens on their
own property. I personally think, in a rural area, not only is it a great idea, but, its silly that it isnt being done, because
of legislation dictating that its not legal. The health benefits of growing your own food, and keeping your own chickens
for meat, and eggs far outweigh the costs of health care due to GMO foods.. Its conveinent and safe, because you
know what is going into the chickens, and how they are raised..
The world is over legislated as it is. I understand the need for laws, and the reasoning behind them, but, if a citizen is a
law - abiding, tax - paying citizen, i think its silly that its against the law, if they want to raise six chickens, to keep them in
fresh eggs... and meat..
if they are responsible enough to own a home, that they pay taxes on, or work in the system, again, paying the taxes of
a citizen, they should be responsible enough to raise some chickens in the yard..
please add my name as support for this rally.
thanks
jamie williams
FEB 2 2 2013
1127
Mr. Jody Kliffer
Planning & Development
City of Saint John
Saint John NB
PO Box 1971 E2L 41.1
!ody.kliffer Q sa_iniohn.ca
February 21St, 2013
Dear Mr. Kliffer,
I am writing with great interest in your proposal for urban chicken keeping in the city of Saint John, I have
been a resident of the city for almost a decade and most definitely will call it home for the rest of my life. My
partner was born and raised here in Saint John, and we bought a property in the city 5 years ago to start our life
together on.
Our home is on the West Side of the city, situated on a little over an acre and surrounded on all sides by a
15 foot or so cedar hedge. We have paid to have a certified permaculture specialist design & draw up a plan for
our property with the end goal of converting as much space to food production as possible. Since the beauty in a
permaculture plan is in its simplicity and its total mimicry of the systems in nature, it works to create a complete
closed - cycle, self - sufficient space. A big part of making this plan work is found in the inclusion of livestock of some
sort. Due to the intrinsic value of the manure as well as the manual labor saved through grazing of weeds, cover
crops and also during the post - harvesting window, livestock is of course a natural part of the system.
Being within the city limits and on such a small property, we've always known that we would be limited to
the smallest of livestock — bees, chickens, perhaps eventually a goat, etc. It's immensely important that the City of
Saint John recognize the value in having the choice available to its citizens of keeping small -scale livestock. As a
Nutritionist by training, I can attest to the simple fact that our society in general needs access to healthy, local,
nutritious foods —eggs truly are the perfect food in that regard! Never mind the simple entertainment value given
from a small flock of chickens — it brings children, the elderly, and everyone in between together. Promoting
activities such as backyard gardening and chicken - keeping are an important part of community building, as well as
enhancing the mental, physical, and emotional health of our citizens.
I hope this letter conveys the definite support I have for your proposal to help folks like myself keep
chickens in a safe, happy, and healthy manner. If I can lend any further support in any way, please don't hesitate
to contact me.
Best Regards,
Ashley Durdle
Nutrition Consultant — Simply for Life, Saint John NB
Owner /Operator — Happy Hopyard Certified Organic Hops Farm, Cornhill NB
70 Belmont Rd
Saint John N8 E2M 6K1
(506) 650 -1626
happyhopyard@gmail.com
128
�e 'L � 20��
Chown, Jeanne
From: Taylor, Jonathan
Sent: March -01 -13 1:31 PM
To: Chown, Jeanne
Subject: FW: Backyard Chicken Keeping
From: Decimal8l fmailto : brad. richard @decimal81.ca]
Sent: February-28 -13 9 :34 PM
To: Kliffer, Jody
Subject: Backyard Chicken Keeping
Hello
I'm writing this to show my support for backyard chicken keeping. As a chef and restaurant owner I
understand the importance of good nutrition and the need for fresh wholesome food items to help maintain
proper health. I see this initiative as a necessary step toward reversing the poor direction that our food has
taken over the past few decades, with more regard pertaining to higher profits and almost complete
disregard for what food is meant to be, nourishing. There has become a huge disconnect for a lot of people of
where are food actually comes from. If we were to raise more of our own food we will start to make healthier
smarter food choices, which in turn influences us to make more healthier smarter food cho ices. I don't want
this be long but I could go on for sometime on this topic. If I can be of any further assistance I would be more
than happy to help.
Regards
Brad Richard
Decimal 81
Sent from my BlackBerry 10 smartphone.
129
BY -LAW NUMBER C.P.106-
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January-, A.D. 2012 is amended by.
1 Amending Schedule A — City
Structure, by redesignating a parcel of land
with an area of approximately 8.5 hectares,
located at 700 Millidge Avenue, also
identified as being PID No. 55062269 and
a portion of PID No. 00042036, from
Suburban Neighbourhood Intensification
Area and Park and Natural Area to
Suburban Neighbourhood Intensification
Area classification;
2 Amending Schedule B — Future
Land Use, by redesignating-the same parcel
of land from Urban Reserve and Park and
Natural Areas to Major Community
Facility classification
- all as shown on the plans attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2013
and signed by:
Mayor
ARRETE No C.P. 106 -
ARRETE MODIFIANT L'ARRETE
RELATIF AU PLAN MUNICIPAL
Lors d'une reunion du conseil
communal, The City of Saint John a ddictd
cc qui suit:
L'arr&6 concernant le plan
municipal de The City of Saint John
ddcrdtd le 30 janvier 2012 est modifid par :
1 la modification de Pannexe A —
Structure de la municipalit6, afin de faire
passer la ddsignation d'une parcelle de
terrain d'une superficie d'environ 8,5
hectares, situde au 700, avenue Millidge, et
portant le NID 55062269 et dtant aussi une
partie du NID 00042036, de secteur de
densification — quartier suburbain et
secteur pare et afire naturelle a secteur de
densification — quartier suburbain ;
2 la modification de Fannexe B ---
Utilisation future des sols, afin de faire
passer la ddsignation de ]a parcelle de
terrain prdcitde de secteur reserve urbaine
et secteur pare et aire naturelle a secteur
etablissement communautaire majeur;
- toutes les modifications sont indiqudes sur
les plans ci joints et font partie du prdsent
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arr&6 le 2013, avec les
signatures suivantes :
Common C1erk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
130
BY -LAW NUMBER C.P.110-
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 8.5 hectares, located at 700
Millidge Avenue, also identified as being
PID No. 55062269 and a portion of PID
No. 00042036, from "R -1A" One Family
Residential to "IL -2" Major Institutional
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the " day of *, A.D. 2013
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -
ARRETE MODIFIANT VARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete cc qui suit :
L'arr8te sur le zonage de The City
of Saint John, decrete le dix -neuf (19)
decembre 2005, est modifie par:
1 La modification de 1'annexe «A »,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 8,5 hectares, situde au 700,
avenue Millidge, et portant le NID
55062269 et etant aussi une partie du NID
00042036, de zone residentielle —
habitations unifamiliales o R -1A » a zone
d'equipement collectif majeur « IL -2 »
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arr6td.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arr8te le 2013,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
131
�a
Advertiser Name: Saint John Common Clerk
Advertiser Code: S71206
Size: 4.00 x 12.25 in.
Sales Rep: Doug Thomson
PROPOSED MUNICIPAL
PLAN AND ZONING BY-
LAW AMENDMENTS
RE 700 MLLUDGE AVENUE
Public Notice 6 hereby given that the
Common Council of The City of Saint
John intends to consider amending
the Municipal Development Plan and
the City of Saint John Zoning Sy -law
at its regular meeting to be held in
the Council Chamber on Mottdsy
June 3, 2013 at 7:00 p.m., by:
1. Redesignating, on Schedule A
of the Municipal Development
Plan, a parcel of land with an area
of approximately 8.5 hectares,
located at 700 Millidge Avenue, also
identified as PID No. 55062269 and
a portion of PID No. 00042036,
from SvbvrbmrlYdgltbotrrhood
bttau!limtlort Area and Pak
and NoOvolMm to Svbmban
Ndghbawh- dkftmfl dwArea
as iPustrated below;
2. Redesignating, on Schedule B of
the Municipal Development Plan
the same parcel of land, from "M
Aemw and Pmlr and Nakvd Aram
to Major Cernnrodty Facliky.
3. Rezoningg the same arceI of land
from °R•17S" One Redderdbil
to "IL-r McJor I
REASON FOR
CHANGE:
To permit a
P oup care
acillty, senior
citaens
apartments
and associated
activities.
The proposed
may ements — r
inspected by any
interested person
at the office of the Common Clerk,
or in the office of Planning and
Development, City Hall, 15 Market
square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m.,
Monday through Friday, inclusive,
holidays excepted.
Written objections to the
amendments may be sent to the
undersigned at city Hall.
H you require French services for a
Common Council meeting, please
contact the office of the Common
Clerk.
Jonathan Taylor, Assistant Common
Clerk
648 -3703
PROJETS DE
MODIFICATION DU
PLAN MUNICIPAL ET DE
L'ARRETf SUR LE ZONAGE
OPP. 700, AVENUE MLLUDGE
Par les pr6entes, un avis public est donn6
par lequel le conseil communal de The
City of Saint John indique son intention
de modifier le plan d'am6nagement
municipal et I'arret6 sur le nonage de
The City of Saint John, lors de la r6union
ordinaire qui se tiendra Bans la saile du
conseil le kndl3lain 3013 a 19 h, en
apportant les modifications sulvantes :
1. Modifier la d6signation, a I'annexe
A du plan d'am6nagement municipal,
dune parcelle de terrain d'une superfide
d'environ 8,5 hectares, situ6e au 700,
avenue MilliNe, et portant le NID
55062269 et etant aussi une partie du
NO 00042036, afin de la faire passer
de mdrarde de�(laotlm-
mbudnbetae�mprat:etaNenrt k
a ae*wckdetWk&m- gaaffw
frrbrrb* comme it est indiqu6 d-
dessous.
2. Modifier la designation, a I'annexe B
du plan d'amenagement municipal, de
la parcelle de terrain pr6cit6e, afin de
la faire passer desedwamwut fne
et mmeapac et 0111V ea
a kee%A set6er
EEobBaarresl canwWWOWTarapW
3. Modifier le nonage de la parcelle
de terrain pr6cit6e, afin de la faire
passde
- Ittabitplbes
' �: �� �, ttttill�tillks
v R-1A P igmnn�et
H col�lerx]f
Sr IL A. «
RAISON DE IA
MODIRCAiION :
~5` �'✓ Permettre un
6tablissement de
soins en gmWe,
une residence
pour personnel
996es et les activit6s connexes.
Toute personne int&ess6e peut examiner
les modifications propos6es au bureau
du ggreffier communal ou au bureau
de t'urbaname et du d&eloppement
a i'Mtel de Ville au 15, Market Square,
Saint John, N. -B., entre 8 h 30 et 16 h 30
du lundi au vendredi, sauf es jours *16s.
Veullez faire part de vos objectio?u aux
jxojets de modification propos6s par 6ait
a I'attention du soussign6 a I'h6tel de Ville.
Si vows aver besoin des services en
franpis pour une r6union de Conseil
Communal, veullez contacter le bureau
du greffier communal.
Jonathan Taylor, greffier communal
adjoint
648 -3703
Ad Number: A08770
Ad ID: 641 ?437
Current Date: Apr 29 2013 11:58AM
Start Date: 5/7/2013
End Date: 5/28/2013
Color:
Client Approval OK i]
132
Corrections
Planning
Advisory Committee
May 23, 2013
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: 700 Millidge Avenue
Municipal Plan Amendment and Rezoning
On April 22, 2013 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 22, 2013 meeting.
[R �1
City of Saint John
Jason Shannon and Darrell Dixon of SHX Developments Ltd., the applicant, were
in attendance at the meeting and were in favour of staff's recommendation. Mr.
Shannon mentioned that they had received the letters of concern from the
surrounding community and propose meeting with the community at the existing
Shannex complex in Quispamsis in the near future to discuss the issues raised.
The Committee asked the applicant to discuss the advantages of the site and
elaborate on why it is preferred to other locations in the City. Jason Shannon
explained that the overall footprint of the proposed complex requires a significant
amount of land, which can be difficult to find in an urban area. Mr. Shannon also
mentioned that the geography of Saint John creates more challenges in the amount
of rock and wetland found in the area. Considering these challenges, Mr. Shannon
explained that it is more important to them to construct their retirement living
complexes in areas that are in proximity to important amenities, such as a hospital
and public transit. Although the land is wet, Mr. Shannon highlighted the
advantage of the site being very flat, which is another redeeming feature that led
them to prefer the subject site for their proposed development.
The Committee raised questions relating to the need to construct the proposed
stormwater pond first, the design details of the pond and other details relating to
the capacity of the pond to address the flooding issues of the neighbourhood. Mr.
Dixon replied that the pond needs to be built first in order to demonstrate that it
can adequately address the drainage issues of the site. If not, the developer and the
community would have no interest in seeing the proposed development go
forward on the subject site. Staff added that the details of the size, depth and
design of the pond are not finalised yet and therefore cannot be discussed in
details at this point. However, the final approval of the pond will be subject to the
approval of the City's Chief Engineer or his designate. if the proposed pond is
133
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unable to ensure that no excess flooding will occur onto adjacent properties, the
plans will not be signed and approved by City Engineering staff.
Seven people opposed to the proposed Municipal Plan amendment and rezoning
spoke regarding their opposition to the proposed development at the May 22,
2013 meeting. Many residents were of the opinion that flooding in the area would
increase as a result of the development, and expressed concern that the proposed
pond would be unable to prevent the area from flooding.
A number of other concerns were also raised by area residents, including the
following:
• The proximity of the Lifestyle Living building to Millidge Avenue
• The clear cutting of the trees on the land to support the development
• The danger the proposed pond would create for children living in the
surrounding neighbourhood
• Where any overflow from the pond would drain to
• Noise and light pollution resulting from the development
• The duration of the construction period
• The impact on the hill at the rear of the site
• The height of the six - storey Lifestyle Living building
• The perceived departure from PlanSJ guidelines
• Lack of appropriate buffer zone
• The desire to see the stormwater pond plans before they're finalised
• Deer - resistant landscaping to not attract more deer to the neighbourhood
• The developer should retain final ownership of the pond, not the City
Thirteen letters were received expressing concern with the proposed rezoning, and
two were received in favour (copies attached). The Committee also had, for its
review, copies of the two initial written objections that were received by Common
Council on April 22, 2013.
After considering the report, the letters received, comments made by the applicant
and the concerns expressed by area residents, the Committee granted the
requested variances and recommended approval of the rezoning of the property,
subject to the conditions set out below.
RECOMMENDATION:
1. That Common Council redesignate, on Schedule A of the Municipal
Development Plan, a parcel of land with an area of approximately 7 hectares,
located at 700 Millidge Avenue, also identified as PID No. 55062269 and a
portion of PID No. 00042036, from Suburban Neighbourhood
Intensification Area and Park and Natural Area to Suburban
Neighbourhood Intensification Area.
134
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2. That Common Council redesignate, on Schedule B of the Municipal
Development Plan, the same parcel of land, from Urban Reserve and Park
and Natural Areas to Major Community Facility.
3. That Common Council rezone the same parcel of land from "R -lA" One
Family Residential to "IL -2" Major Institutional.
4. That, pursuant to Section 39 of the Community Planning Act, the development
and use of the parcel of land with an area of approximately 7 hectares, located
at 700 Millidge Avenue, also identified as PID No. 55062269 and a portion of
PID No. 00042036, shall be subject to the following conditions:
a) The use of the property is restricted to one or more buildings, developed in
one or more phases, consisting of group care facilities and associated
senior citizens housing, including incidental services such as convenience
retail, medical/dental and personal service uses, generally in accordance
with the applicant's proposal.
b) The developer must pave all parking areas, loading areas, vehicle
manoeuvring areas and driveways with asphalt.
c) The following paved areas as shown on the submitted site plan must be
enclosed with continuous cast -in -place concrete curbs in order to protect
the landscaped areas and to facilitate proper drainage:
• From the property line at the entrance off University Avenue
extending approximately to the edge of the proposed fence as
shown on the submitted site plan, and along any side of the
driveway not containing a paved walking path leading into the site;
• From the property line at the entrance off Millidge Avenue nearest
the intersection with Unix ersity Avenue extending approximately
nine metres along any side of the driveway not containing a paved
walking path leading into the site;
• From the property line at the entrance off Millidge Avenue furthest
from the intersection with University Avenue approximately to the
edge of the proposed fence as shown on the submitted site plan,
and along any side of the driveway not containing a paved walking
path leading into the site;
• The drop -off driveway entrance at the front of the proposed
Lifestyle Living building on Millidge Avenue.
d) Adequate on -site and off -site site drainage facilities, including the required
drainage swale, wetland and storm water management pond, must be
provided by the developer in accordance with a detailed drainage plan,
prepared by the developer and subject to the approval of the Chief City
Engineer or his designate,
e) The developer must design and install piped storm sewer and continuous
cast -in -place concrete street curb a kidewalk along the Millidge Avenue
-4-
frontage of the subject site (dropped at driveway entrances), together with
any necessary asphalt pavement between the edge of the curb and the
existing paved surface on Millidge Avenue, all in accordance with current
City specifications. This work must be completed within seven years of
the closing date of the purchase and sale agreement.
f) The developer must landscape all disturbed areas of the site not occupied
by buildings, driveways, walkways, parking or loading areas, and such
landscaping must extend onto the Millidge Avenue and University Avenue
rights -of -way to the edge of the street curb /sidewalk.
g) The developer must provide a Traffic Impact Statement to the satisfaction
of the Chief City Engineer prior to the approval of any development of the
subject site, and the cost of implementation of all approved
recommendations in the report shall be the responsibility of the developer,
h) The site shall not be developed except in accordance with a detailed site
plan and building elevation plans, prepared by the developer and subject to
the approval of the Development Officer, indicating all buildings, parking
areas, driveways, loading areas, freestanding signs, exterior lighting,
mainline power poles, concrete curbing, landscaped areas, exterior
building finishes and other site features. The approved site plan and
building elevation plans must be attached to the application for building
permit for any part of the development. Mainline power into the site,
where appropriate and subject to Development Officer Approval, will be
by pole extensions and in a manner to minimise the total number of poles
onsite.
i) The developer must complete all site improvements, drainage work and
street work shown on the approved site, drainage and elevation plans for
any phase of the development within one year of building permit approval
for that phase.
j) The height of the proposed building abutting Millidge Avenue ( "Lifestyle
Living ") be limited to five storeys.
�-- Res ctfully submi d,
n�V
or an L z
Chair
JK
Project No. 13 -040
136
r
The City of Saint ]obn
DATE:
TO:
FROM:
FOR:
PREPARED BY.
MAY 17, 2013
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING & DEVELOPMENT SERVICE
GROWTH & DEVELOPMENT SERVICES
MEETING OF MAY 22, 2013
Jody Kliffer; NICIP, RPP
Planner
SUBJECT:
REVIE D BY:
1
r
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Name of Applicant: SHX Developments Ltd.
Name of Owner: City of Saint John and Property Management/Proman Ltd.
Location: 700 Millidge Avenue
PID: 55062269 and a portion of 00042036
Municipal Plan: Existing: Urban Reserve and Park and Natural Areas
Proposed: Major Community Facility
Zoning: Existing: "R -IA" One Family Residential
Proposed: "IL -2" Major Institutional
Proposal: To construct a "campus- style" senior living complex.
Type of Application: Municipal Plan Amendment, Rezoning and Variances to:
• Reduce the minimum required front yard setback on Millidge
Avenue to approximately two metres, whereas the Zoning
Bylaw requires a minimum of 15 metres;
SAINT JOHN
PG. Box 1971 Sain #John, NB Canada ULq� j mw i.sainijohn.ca E C.P. 1971 Saintjohn, NA. Canada E 41
SHX Developments Ltd. Page 2
700 Millidge Avenue May 17, 2013
• Reduce the minimum required lot width to approximately 25
metres at the entrance off University Avenue, whereas the
Zoning Bylaw requires a minimum of 30 metres;
• Increase the number of two -way accesses per lot frontage to
three on the Millidge Avenue frontage, whereas the Zoning
Bylaw permits a maximum of two;
• Reduce the required width of a parking aisle to six metres in
various areas throughout the site, whereas the Zoning Bylaw
requires a parking aisle to be a minimum of 7.5 metres wide.
• Increase the maximum total area of freestanding signage for
the site to 12 square metres, whereas the Zoning Bylaw
requires a maximum of nine square metres.
• Increase the maximum lot occupancy to approximately 22 %,
whereas the Zoning Bylaw requires a maximum of 20 %.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisor' Committee to give its views to Common
Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. The
Committee recommendation will be considered by Common Council at a public hearing on Monday,
June 3, 2013.
The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable
variances from the requirements of the Zoning By -law. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council redesignate, on Schedule A of the Municipal Development Plan, a parcel of
land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as
PID No. 55062269 and a portion of PID No. 00042036, from Suburban Neighbourhood
Intensification Area and Park and Natural Area to Suburban Neighbourhood Intensification
Area.
2. That Common Council redesignate, on Schedule B of the Municipal Development Plan, the same
parcel of land, from Urban Reserve and Park and Natural Areas to Major Community Facility.
3. That Common Council rezone the same parcel of land from "R -IA" One Family Residential to
"IL -2" Major Institutional.
4. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel
of land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as
PID No. 55062269 and a portion of PID No. 00042036, shall be subject to the following conditions:
138
SHX Developments Ltd.
700 Millidge Avenue
Page 3
May 17, 2013
a) The use of the property is restricted to one or more buildings, developed in one or more phases,
consisting of group care facilities and associated senior citizens housing, including incidental
services such as convenience retail, medical/dental and personal service uses, generally in
accordance with the applicant's proposal.
b) The developer must pave all parking areas, loading areas, vehicle manoeuvring areas and
driveways with asphalt.
c) The following paved areas as shown on the submitted site plan must be enclosed with continuous
cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper
drainage:
• From the property line at the entrance off University Avenue extending approximately to
the edge of the proposed fence as shown on the submitted site plan, and along any side of
the driveway not containing a paved walking path leading into the site;
• From the property line at the entrance off Millidge Avenue nearest the intersection with
University Avenue extending approximately nine metres along any side of the driveway
not containing a paved walking path leading into the site;
• From the property line at the entrance off Millidge Avenue furthest from the intersection
with University Avenue approximately to the edge of the proposed fence as shown on the
submitted site plan, and along any side of the driveway not containing a paved walking
path leading into the site;
• The drop -off driveway entrance at the front of the proposed Lifestyle Living building on
Millidge Avenue.
d) Adequate on -site and off -site site drainage facilities, including the required drainage swale,
wetland and storm water management pond, must be provided by the developer in accordance
with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief
City Engineer or his designate.
e) The developer must design and install piped storm sewer and continuous cast -in -place concrete
street curb and sidewalk along the Millidge Avenue frontage of the subject site (dropped at
driveway entrances), together with any necessary asphalt pavement between the edge of the curb
and the existing paved surface on Millidge Avenue, all in accordance with current City
specifications. This work must be completed within seven years of the closing date of the
purchase and sale agreement.
f) The developer must landscape all disturbed areas of the site not occupied by buildings,
driveways, walkways, parking or loading areas, and such landscaping must extend onto the
Millidge Avenue and University Avenue rights -of -way to the edge of the street curb /sidewalk.
g) The developer must provide a Traffic Impact Statement to the satisfaction of the Chief City
Engineer prior to the approval of any development of the subject site, and the cost of
implementation of all approved recommendations in the report shall be the responsibility of the
developer.
139
SHX Developments Ltd. Page 4
700 Millidge Avenue May 17, 2013
h) The site shall not be developed except in accordance with a detailed site plan and building
elevation plans, prepared by the developer and subject to the approval of the Development
Officer, indicating all buildings, parking areas, driveways, loading areas, freestanding signs,
exterior lighting, mainline power poles, concrete curbing, landscaped areas, exterior building
finishes and other site features. The approved site plan and building elevation plans must be
attached to the application for building permit for any part of the development. Mainline power
into the site, where appropriate and subject to Development Officer Approval, will be by pole
extensions and in a manner to minimise the total number of poles onsite.
i) The developer must complete all site improvements, drainage work and street work shown on the
approved site, drainage and elevation plans for any phase of the development within one year of
building permit approval for that phase.
5. That the Planning Advisory Committee grant the following variances from the requirements of the
Zoning By -law that would:
• reduce the minimum required front yard setback on Millidge Avenue from 15 metres to
approximately two metres;
• reduce the minimum required lot width from 30 metres to approximately 25 metres on University
Avenue;
• increase the number of accesses on Millidge Avenue from two two -way accesses to two two -way
accesses and a pair of one -way accesses;
• reduce the required width of the parking aisle to six metres in various areas throughout the site;
• increase the maximum total area for a freestanding sign from nine square metres to 12 square
metres;
• increase the maximum lot occupancy to 22 %, whereas the Zoning Bylaw requires a maximum of
20 %.
INPUT FROM OTHER SOURCES:
Bell Aliant has been notified of this application.
Canada Post has been notified of this application.
Infrastructure Development Service has offered the following comments:
• Municipal water is available for connection on Millidge Avenue, University Avenue and
Woodhaven Drive for the proposed development. Sanitary sewer is available for connection on
Millidge Avenue. An engineering water and sewer analysis must be completed by the
developer's engineering consultant and submitted to the City for review and approval in order to
determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will
have on the existing water and sewer infrastructure, and also to ensure that this development
does not exceed the current capacity of the existing systems. This analysis should take into
consideration the full build out of the proposed development. Detailed servicing plans and
design brief prepared by the developer's engineering consultant must be submitted to the City for
review and approval.
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SHX Developments Ltd.
700 Millidge Avenue
Page 5
May 17, 2013
• It is the responsibility of the developer's engineering consultant to verify the grades of the
existing municipal mains in order to allow for gravity connections for the new services.
• Given the proposed layout of the site with multiple buildings, a City approved premise water
meter and appropriate backflow prevention must be installed by the developer.
• The developer's engineering consultant must submit detailed stormwater management plans and
design brief indicating how the stormwater for this site will be handled to the City for review and
approval. The analysis must also take into account any stormwater flows that currently enter
onto the property from adjacent developments. A detailed design of the required stormwater
pond and drainage swale must be submitted by the developer's engineering consultant to the City
for review and approval.
• The developer's engineering consultant must submit detailed site grading and layout plans to the
City for review and approval. The detailed site plan must indicate the location and width of all
proposed accesses to the site.
• The submitted site plan shows a connection between Millidge Avenue and University
Avenue. There is a concern about cut - through traffic should this connection be constructed. The
site plan also indicates that there are multiple accesses onto Millidge Avenue. The developer's
traffic engineering consultant must provide a Traffic Impact Statement which addresses these
issues. The proposed "u- shaped" access from Millidge Avenue is supported as a one way only
access.
• All required parking should be provided for on -site.
• The developer is responsible for obtaining all necessary permits /approvals.
• Piped storm system will need to be designed and installed by the developer to allow for the
sidewalk construction on Millidge Avenue.
Inspection & Permitting Services has indicated that the development is quite intensive with large
numbers of persons housed in the five buildings. It appears that the access roads provided throughout the
property would be marginally adequate for fire and emergency response vehicles. Opinions from the
Fire Service should be obtained regarding the provision of access to the various faces of the buildings.
Inspection & Permitting Services has not done any form of Building Code analysis of the proposal.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline has no concerns with this
application.
N.B. Department of Community Services has been notified of this application.
Real Estate Services has been notified of this application.
Rogers has been notified of this application.
Saint John Energy has been notified of this application.
Saint John Fire Department has been notified of this application.
Saint John Police Force has been notified of this application.
141
SHX Developments Ltd. Page b
700 Millidge Avenue May 17, 2013
Saint John Transit has indicated that it offers a very high level of service in close proximity to this
development at the corner of University Avenue and Millidge Avenue on Routes 3 and 4.
Transportation and Environment has no concerns about the project or the requested variances. The
exact property boundaries adjoining the Gorman Arena property should be marked out and reviewed on
site to ensure there will be no negative impact on regular operations.
ANALYSIS:
Site and Neighbourhood
The subject site has an area of approximately 8.5 hectares and is located on Millidge Avenue near the
intersection with University Avenue in the City's North End. The site is located in the Urban Reserve
and Park and Natural Areas designations on the Future Land Use Plan, and is currently zoned "R -1 A"
One Family Residential.
The subject site lies at the heart of the Millidgeville neighbourhood, approximately 150 metres from the
Millidge Avenue/ University Avenue intersection. The majority of the subject site is currently vacant
land, with the Gorman Arena on the east side of the site comprising the only structure on both lots. This
area of Millidge Avenue also contains a multi -unit apartment building, a Tim Horton's, Wendy's, an
Irving gas station, McDonald's restaurant and the D &H Office Complex. The site abuts the Low to
Medium Density Residential Intensification Area on the Future Land Use Plan and is identified as a
"Primary Corridor" on Schedule A, "City Structure ", in the City's Municipal Plan.
The subject site is approximately 1.5 kilometres from the Regional Hospital and UNBSJ campus, and is
well serviced by transit.
Proposal
Shannex Development Ltd. has submitted the attached proposal to develop a 178 -unit retirement
residence on the subject site, which consists of a "campus -style accommodation living" for seniors. The
proposed development involves the construction of five separate buildings with distinct services and
various levels of care offered to their respective residents. These buildings include: "Lifestyle
Apartments ", "Traditional Retirement Living ", "Special Care ", "Specialized Care" and "Nursing
Home ". The buildings range in height from one storey to six storeys, and have an approximate total of
330 residents and 130 staff. The proposed complex would, if approved, be linked by an internal
pedestrian walkway, connected in the centre of the site in a small "Pavilion" structure that would include
a general store, cafd, pharmacy and medical clinic (see attached site plan).
The Pavilion building is the only structure on the Shannex site plan that would not involve a residential
component. However, the medical and commercial operations in the Pavilion would be considered
incidental to the main use of the overall site as they would be located within the Shannex complex and
would primarily service its residence.
The applicant is a well - established seniors' care - provider in the Maritimes, with operations in 20
different communities in New Brunswick and Nova Scotia, including a similar Shannex complex in
Quispamsis. Much like the Shannex in Quispamsis, the elevation plans submitted by the applicant depict
SHX Developments Ltd. Page 7
700 MilIidge Avenue May 17, 2013
a high - quality development that illustrates a great deal of consideration invested in both the layout of the
site and the aesthetics of the proposed buildings. As with other campus -style retirement complexes
operated by the applicant, the current proposal is designed to offer a "continuum of care" for its
prospective clients from fully -abled seniors to those in need of a high degree of specialised care.
Municipal Plan
The proposed development is not permitted under the current Park and Natural Area and Urban Reserve
designations, nor is it permitted in the existing "R -IA" One Family Residential zone. Because the
existing land use designations for the site do not contemplate a major community facility, the application
is subject to a Plan amendment and a rezoning. Therefore, amendments to the Municipal Plan and
Zoning By -law have been request that, if approved by Common Council, would permit the applicant's
proposal to redesignate the site to Suburban Neighbourhood Intensification Area on the City Structure
Plan, Major Community Facility on the Future Land Use Plan and rezone the properties to "IL -2" Major
Institutional.
Amendments to the Municipal Plan, especially when involving the redesignation of Urban Reserve
lands, should be considered closely as the development of these lands is generally considered to be
outside the lifespan of the Plan and reserved for future use. The Municipal Plan offers general language
cautioning against making unnecessary amendments to Future Land Use designations of Schedule B.
Policy LU -4 urges Common Council to consider amending the Plan only when the following
considerations are addressed in the proposal:
a. Is consistent with the general intent of the Municipal Plan and further advances the City
Structure;
b. Is necessary by virtue of a lack of supply of quality land already designated in the
Municipal Plan to accommodate the development;
c. Enhances the community and the quality of life offered to residents of the City;
d. Efficiently uses available infrastructure;
e. Does not negatively impact the use and enjoyment of adjacent lands and
neighbourhoods;
f. Is an appropriate use within the land use designation being sought for the property, and
the proposal is consistent with the specific policies regulating development in the
designation; and
g. Adequately addresses and mitigates any significant environmental impacts.
The Plan discourages amending the Future Land Use map unless the benefits clearly outweigh any
perceived or real negative impacts that would result from the proposed change. The Plan is a visionary
document that sets the direction for growth and development for the entire community in a manner that
enhances the quality of life for residents of the community, which includes ensuring a wide variety of
housing and specialised care options are available to the local population. The direction established by
the Plan should not be altered unless the proposed change presents undeniable benefits to the broader
community. The criteria listed above are discussed in the analysis of the current proposal.
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SHX Developments Ltd.
700 Millidge Avenue
PIan Amendment Rationale
Page 8
May 17, 2013
The rationale for amending the Plan to change any of the Urban Reserve and Park and Natural Areas
land use designations must be compelling in a manner that addresses the benefits of the greater
community in a variety of ways. The Plan suggests that the following criteria be evaluated when
considering a Plan Amendment:
a. Studies demonstrating that the proposed development will have significant long term benefitfor
the City and that the proposed development does notplace an undue fiscal burden on the City or
have a detrimental impact on the natural environment;
b. The proposed development fulfills other key goals of the Municipal Plan; and
c. Appropriate opportunities are provided for public input into the consideration of such
amendments to the Municipal Plan.
The parcel of land with PID number 55062269 contains the Urban Reserve designation. The Plan
describes Urban Reserve lands as being lands found "inside the Primary Development Area and are
being reserved for future serviced residential development as they are not needed to accommodate the
anticipated growth in population or employment over the planning period ". The subject site is a logical
extension of the Suburban Intensification Area being situated near a prominent intersection in the
Millidgeville neighbourhood. The land was originally designated Urban Reserve to recognise the
ecological challenges of developing the site.
The remainder of the subject site is found in the Park and Natural Areas designation. The Municipal
Plan defines lands within this designation as lands that "are currently- in a primarily natural state or
would benefit from re- naturalization and are not appropriate locations for development. Park and
Natural Areas include wooded lands, lakeshores, rivers, coastlines, and important geology and habitat ".
The Plan goes on to suggest that developing these lands is generally not appropriate as they are intended
for conservation purposes.
An amendment to the Plan to permit a seniors' living complex that offers a wide variety of specialised
care fulfills the intent of the Municipal Plan in a number of ways. Policy HS -17 of the Plan states that
Council shall "encourage the provision of housing for people with special needs, including senior
citizens ... to integrate into appropriate residential areas of the City-, in close proximity to major transit
routes, community facilities and needed services." The proposed Shannex complex provides quality
living conditions for seniors with very specific care requirements, ranging from highly specialised care
facilities to standard independent rental units for seniors. The subject site has the advantage of being
inside the PDA, next to an Intensification Area, in the middle of a residential community, near the
Regional Hospital and on a highly - serviced transit corridor.
The proposed development is addressing a housing and assisted living need for seniors that the aging
demographic of Saint John will experience a greater demand for over the next twenty years. According
to Statistics Canada data, the bulk of Saint John's population is within the 45 to 65 age cohort', which
will impact housing needs for this population as they move through their senior years.
Statistics Canada. 2012. Focus on Geography Series, 2011 Census. Statistics Canada Catalogue no. 98- 310- XWE2011004.
Ottawa, Ontario. Analytical products, 2011 Census. Last updated A4tober 24, 2012.
SHX Developments Ltd. Page 9
700 Millidge Avenue May 17, 2013
It should be noted that in addition to the above factors, the proposed development would also be infilling
vacant land on an existing "primary" corridor, which is supported by the Municipal Plan.
The size and layout of the Shannex development requires a significant amount of space in order to
implement their "continuum of care" philosophy in a campus -style community arrangement. The lot size
and location of the subject site appear ideal for the unique demands of such a development, and
complement the existing land use mix in this area of the City.
For these reasons, staff are of the opinion that the criteria for amending the Municipal Plan are met.
Proposed Rezoning
The applicant has requested that the zoning of the site be changed to "IL -2" Major Institutional. The
proposed "IL -2" zoning, if approved by Common Council, would permit the development of the
proposed retirement residence. The "IL -2" zone includes a number of neighbourhood- oriented
institutional uses, such as churches, schools and nursing homes and senior citizens' housing, all of which
can be found in a typical residential neighbourhood. However, this zone also permits a number of uses,
such as a correctional institution, that would not be appropriate at this location. Therefore, if the current
application is approved by Council, the use of the property should be limited to the applicant's proposal
pursuant to Section 39 of the Community Planning Act.
The Municipal Plan supports a Plan amendment and rezoning of a property to Major Community
Facility provided to the following requirements can be demonstrated:
a. The proposed land use is desirable and contributes positively to the neighbourhood;
b. The proposal is compatible with surrounding land uses;
c. The development is in a location where all necessary water and wastewater services,
protective services, and appropriate transportation infrastructure includingpublic transit
can be provided;
d. Site design features that address such matters as safe access, buffering and landscaping,
site grading and stormwater management are incorporated;
e. A high quality exterior building design is provided that is consistent with the Urban
Design Principles in the Municipal Plan; and
f. Public transit and active transportation links are provided to and from other key
destinations. "
Staff feel that the proposed development can adequately comply with the above requirements. In
addition to satisfying these requirements, the proposed development, if approved, would arguably
enhance the community and quality of life to City residents as it provides a niche housing style for
seniors of the community who wish to age in place. That is, the continuum of care provided by the
proposed Shannex will allow seniors to remain in the complex for as long as they wish, regardless of the
increased requirements their state of physical or mental health may demand.
Site Conditions and Development
Portions of the subject site are challenged with natural `wet' conditions characteristic of a peat bog,
which requires strategic measures to ensure that the drainage of the site does not negatively impact
adjacent properties. As a measure to address these challenges, the site plan includes the construction of
145
SHX Developments Ltd.
700 Millidge Avenue
Page 10
May 17, 2013
an engineered stormwater management pond to the rear of the "Specialized Care" building in the north-
west corner of the property. The stormwater management pond is designed to address the stormwater
flow of the site to ensure that flooding in the area does not occur as a result of the proposed
development. The pond will also help correct wider stormwater issues occurring the neighbourhood.
After the applicant has developed the proposed stormwater management pond, it has been agreed that
the area of the subject site dedicated to managing the storm water flow would be subdivided and
conveyed back to the City for ongoing maintenance responsibilities. The attached subdivision plan
illustrates an area of approximately 1.5 hectares that would be returned to the City for these purposes.
Due to the dedicated use of this land for storm water management uses, staff recommend that the
Municipal Plan designation for this area not be amended, and that the zoning remain "R -IA" One
Family Residential.
In light of the above discussion, it is recommended that the Municipal Plan be amended to include only
the approximate 7 hectares of land used for the proposed Shannex complex, as generally depicted on the
attached site plan, and not include the approximate 1.5 hectares reserved for stormwater management of
the site mentioned above, as part of the Major Community Facility designation on the Future Land Use
plan. This will cause the lot occupancy of approximately 15,266 square metres to increase to
approximately 22 %, which is slightly over the maximum lot occupancy of 20% required in the "IL -2"
Major Institutional zone.
Variances
The development of the proposed seniors' complex also involves the following variances from the
requirements of the City's Zoning Bylaw:
• Reduce the minimum required front yard setback on Millidge Avenue to approximately two
metres, whereas the Zoning Bylaw requires a minimum of 15 metres;
• Reduce the minimum required lot width to approximately 25 metres at the entrance off
University Avenue, whereas the Zoning Bylaw requires a minimum of 30 metres;
• Increase the number of two -way accesses per lot frontage to three on the Millidge Avenue
frontage, whereas the Zoning Bylaw permits a maximum of two;
• Reduce the required width of a parking aisle to six metres in various areas throughout the
site, whereas the Zoning Bylaw requires a parking aisle to be a minimum of 7.5 metres wide;
• Increase the maximum total area for a freestanding sign from nine square metres to 12 square
metres.
• increase the maximum lot occupancy to 22 %, whereas the Zoning Bylaw requires a
maximum of 20 %.
The last five of these variances are relatively minor in nature and can be supported by staff. The
variance seeking a front yard setback to two metres is a more significant departure from the standard set
out in the City's Zoning Bylaw. The proposed Lifestyle Living complex, if approved, would abut
Millidge Avenue where existing developments, such as the Irving, the multi -unit apartment building and
the D &H Office Complex all have reduced front yard setbacks ranging from nil to approximately four
metres. The proposed front yard setback for the current application would therefore not appear out of
context.
146
SHX Developments Ltd.
700 Millidge Avenue
Parking and Driveways
Page 11
May 17, 2013
The Zoning By -law's minimum off - street parking requirement for a major institutional facility for 330
people is calculated based on the various facilities proposed for the site. The five different facilities
proposed for the site require a total of 132 off - street parking spaces. The applicant is proposing a total of
180 off - street parking spaces, some of which will be located in one - storey garages located to the rear of
the proposed four - storey "Retirement Living" building. The applicant is confident that the amount of
parking to be provided is more than adequate, based on the applicant's experience in developing a large
number of similar facilities throughout the Maritimes.
Landscaping
The applicant's plans indicate the installation of high quality landscaping of the residence grounds,
including a pedestrian walkway system throughout the site. The applicant should be mindful of the
placement of landscaping throughout the site to ensure that all residential units located on the ground
floor that abut driveway accesses or parking spaces have adequate landscaping to block vehicle
headlights from entering through windows unobstructed.
Improvements to Adjacent Street Frontages
At present, the frontage of the site along Millidge Avenue is not developed with curb and sidewalk.
Millidge Avenue currently has concrete curb to the south of the subject property at the end of the Tim
Horton's/Wendy's property. Both curb and sidewalk exist on the opposite (west) side of Millidge
Avenue. Engineering has recommended that the applicant install concrete curb /sidewalk on the Millidge
Avenue frontage of the site, which must also include piping of the existing ditch. The recommended
Section 39 conditions provide for the completion of this work by the developer within seven years of the
purchase and sale agreement.
Other Section 39 Conditions
Remaining Section 39 conditions outlined in staff's recommendation to Council, including the
placement of utilities, the paving of parking areas and the provision of a detailed site plan, are standard
conditions for this type of application.
CONCLUSION:
The applicant proposes to develop a high quality senior citizens' retirement home on vacant Iand that is
currently designated Urban Reserve and Park and Natural Areas, and is zoned for residential purposes.
The proposed development is compatible in the context of the surrounding neighbourhood, which
consists of a mix of business uses and various densities of housing. Applications to amend the Municipal
Plan must be carefully analysed. However, the conditions surrounding the current proposal are unique
and offer sufficient rationale to justify the amendment. The proposal supports the overall intensification
directions and policies in the Plan and will promote the development of more complete communities.
Approval of the requested amendments to the Municipal Plan and Zoning By -law is recommended,
subject to a number of conditions pursuant to Section 39 of the Community Planning Act.
147
SHX Developments Ltd.
700 Millidge Avenue
JK
Project No. I3 -040
148
Page 12
May 17, 2013
PLANNING AND DEVELOPMENT/URBAN ISM E ET DEVELOPPEMENT
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149
Subject Site /site en question: �_
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66062269 and portion of 0042036
Location: 700 Millidge Avenue
Date: April 25, 2013
Scale /echelle: Not to scale /Pas a I'echelle
149
S-H ANNEX
February 20, 2013
Mark Reade
Planning Department
City of Saint John
15 Market Square
PO Box 1971
Saint John, NB
E2L 4L1
Re: Plan Amendment and Re- Zoning, as per attached plans
Dear Mr. Reade :
Shannex is inspired by the desire to make a difference in the lives of clients who choose to make their
home with us. With 25 years of experience, our service offerings have evolved to include a full
continuum of service so that we can best meet the needs of individuals and their communities. We have
grown to be the largest provider of seniors' services in Eastern Canada but we have not lost sight of
ensuring the service and care we provide is personalized and based on the client's choice. Today we
serve over 3,100 clients in over 20 distinct communities across New Brunswick and Nova Scotia offering
homecare, independent retirement living, memory care, special care and nursing home living options.
Shannex offers campus -style accommodation living for those in retirement. Our focus is on providing
clients with an exceptional living experience which includes beautiful living suites, fine dining, a variety
of amenities and activities and professional, attentive staff. Clients living with us enjoy the freedom from
the responsibilities of home ownership while receiving the best care and service.
As part of this plan amendment and re- zoning application we are making to the City of Saint John
related to the property located 80 University Avenue, the following are the proposed buildings:
Lifestyle Apartments -- A five -story building that offers completely self- sufficient suites with the
convenience of all the Parkland amenities and activities. Lifestyle Apartments offer all utilities, including
heat, hot water and electricity as well as an Interactive emergency call system available in every
apartment and common building area. Extra -wide doorways and spacious washrooms in every suite
along with a fully- appointed kitchen with appliances, in -suite washer and dryer, bright hallways with
handrails and organized recreation programs. Social calendars with full -time coordinators on site will
never leave you wondering what to do. With just one easy bill per month, a month -to -month lease and
no common costs or condo fees — it doesn't get any easier.
Traditional Retirement Living — A four - storey building that offers beautiful apartments with services
specifically designed to give clients the freedom to maintain an active, healthy, independent lifestyle.
Traditional Retirement Living gives clients everything that Lifestyle Apartments offer, plus two meals per
day prepared by an in -house chef, 24 -hour emergency response, weekly linen service, weekly
housekeeping and scheduled transportation service. Clients living in Traditional Retirement Living also
have access to annual home health record update and annual wellness conference.
Shannex Incorporated
48 Lovett Lake Court, Halifax, NS B3S 1B8 - T 902.454.7499 - F 902.453.5412
www.ShannexAM
LEADINg 7HE WAY To, $ iL Ltymr
S H A N N E X
Special Care — A two- storey building that offers suites are designed to meet the needs of those with
physical or mild cognitive challenges, with all the Parkland campus amenities and activities on their
doorstep. Special Care accommodations offer everything that is available to our Traditional Retirement
Living clients plus three meals per day, medication management, assistance with daily activities,
personal laundry, health staff presence 24 hours per day, specialized recreational activities, wheelchair
accessible suites and washrooms, and same -floor access to dining room, common areas and suites.
Assistance is always close at hand, should the need arise. Special Care beds are awarded by the
Department of Social Development to which Shannex has requested new licensed beds for the Saint
John region.
Specialized Care (3B) — A one- storey building containing two 18 -bed homes where care and service will
be provided to those with Alzheimer's and Dementia. Individual suites offer comfort and privacy, each
with a full ensuite bathroom to those requiring assistance with Alzheimer's and Dementia. Shannex
Specialized Care Bed Homes will reflect the best practices in building design for individuals with
cognitive impairments. In addition to meeting all of the requirements outlined in the 2012 Standards
and Procedures for Adult Residential Facilities, the layout and d6cor achieves a warm, cozy and home
atmosphere while supporting the client's independence, wellness, safety and security. Clients and their
families will feel at ease knowing that every building is designed and constructed to a B2 standard which
means if the care and service requirements increase for the client, the building design will allow for a
range of healthcare needs. in November 2012, Shannex was awarded a bid to provide 36 Specialized
Care beds in the Saint John region.
Nursing Home - Shannex Nursing Homes provide clients with a new way of living in their communities.
Our philosophy of service is founded on the principle of client- directed care. Clients are able to choose
how they would like to live their lives, which is reflected in individualized care and service. Shannex
provides innovative and quality service while maintaining a relaxed and comfortable atmosphere where
clients can feel at home. Clients also enjoy their own personal space, living in generously sized,
wheelchair accessible rooms, each with a private restroom. Every Shannex Nursing Home offers nursing,
medical, nutrition and pharmacy services. Amenities such as daily recreation programs, an on -site
wellness centre for occupational and physiotherapy services, a hair salon, and a spiritual centre are also
available. Nursing Home beds are awarded and licensed by the Department of Social Development,
should the Province award new nursing home beds where Shannex was the successful proponent the
proposed campus layout for 80 University Avenue could accommodate this new structure.
The attached proposed site plan displays the aforementioned buildings in relation to the property
layout. We look forward to answering any questions you may have regarding this application.
Sinyereiy
J949 J949A Shannon
sident and COO
Shannex Incorporated
Encl,
Shannex Incorporated
48 Lovett Lake Court, Halifax, NS B3S 188 - T 902.454.7499 • F 902.453.5412
www.Shanne15gm
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SCALE: 1/2" = 1' -0"
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Date: Aug 22, 2011 Sign Typpperior Pylon
Customer. Shannex Parkland Location: Fredericton / Quispamsis / Riverview
Drawn by: S.TIOMPSON
Customers - ..
approval:
P,,u*-%,-nd
F -% i t�
� ��
Approximately 3.7 acres
Copyright 2011 The City of Saint John. All rights reserved. Thu Map 2 2013 10:21;03 AM.
174
G �
The City of Saint John
DATE:
TO:
FROM:
SUBJECT:
MAY 17, 2013
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING & DEVELOPMENT SERVICE
GROWTH & DEVELOPMENT SERVICES
Initial Written Objections to Proposed Municipal Plan Amendment
700 Millidge Avenue
i�y
Attached, for the Committee's information, are copies of the two written objections received by
Common Council on April 22, 2013 in response to the March 18, 2013 public presentation of the above -
noted amendment.
JK
Project No. 13 -040
SAINT 10:xN
APR 2 3 -C,3
P.O. Box 1971 Saint John, NB Canada UL 404 wwwsaingohn.ca I CA 1971 Saint John, N. -B. Canada E2L 4L1
.:iri8,2013
tiiayor Mel Morton;
And Men nbers of Curnmon Council
City of Saint,ohr,,
r.0. Box 1971
Saint John, Nb b2L 41
Your W'orsif:ip Mawr Nor,Ll. n and NAernh :rs Of Cou001,
COtiM+!{NV CLERICS OFFICE
APR 11 2013
CITY G1: sA1W_ ' , A"
S�4r�LCr_:F1 sLo�sL- NLgg,. LpaI Plan Amendment 0 Miilidge Ave nu jq
Council has Invitei wri *ten objections io the Prorxsed i•tiunicipai Nail
Arner..dm•ent : "or WIC rAili00 Avenue. 7,hC applicant, Srhat-Inex Incorporatcd F, -3s
requested that the li nds in question be re-d asilinated f•'unn Urban Res ,
,..,t�rv�, anti
Park and Nat;ur•54 Are.&;; to Major �:ommunit,y 1•ac Ni ty.
I zmw io the plan amendment is presented, The proposal ccnibines tvic
iZrC ?peri -Jes, va'ith 0.41n different owners, 1,ti'iai two distin ^,t Nem-nicipzi Plan
designa.tlons and. oni� •'ommJn zoning into o.le proposed de:�elopment. I here a'e
aspects of the proposed developioent ±hat taken axone_, I Cruld' Supp0.' ;, but nor;
Cie development as ,presented.
The Lana
The proptz,r'ty adwitised as 700 diillidgt? A Ei Lrer fen tf11S "lor. i!rnE?r`dfMa!'i'i IS
Comprised o wm di<<Inct properties: t-he larg-ar portion. owned by the City of Scint
John. has a i'JIunicipal i'ian designation of Park, -and i aturai Area, cane: is zoned R1-
A; the sm v,iler portion ovined by Propen-ty ^fanagement Nror-ran Ud. has a
NAlum-cipal Pi`n design?.-ticn o Urban reserve, zsnd is
72
176
Tree +�iVY' land ! rains rn��� . in its ;i-)tu, al state a��ci oi,iri ^r, i> a E��etla;�c' as
deemed in Plans; c.r;L, s-2rves to Cootaiil and control -- r:o'!f du-ring raiflfc:ll events.
The private lane! until recently was e;i. ire:',' ir, ! ".. r'iatltii�l 5C�it'e, being a wFtl�lnd
::grid like the adjoining City land served to contair and cantr� l runoff.
Sir_ce 010 activity has taken plc "C• cr; a large ;. rea of: the prilvai a land to prepare it
I'or developer! +eot. natUr£l st;riace Ve9, -- ai;iOii arid saveral feet of the
underlying orpnic niaterial has beer, removed, trucked elsewhere, and replaced
V1iit-11h 'large Stones Rand rock. (MIL-n. this process -wm ta►:iing place I inquired of the
Plannina and. De:velclament office it this act -wily mas all( ;wed as it ill peare l to meL
:.0 be in direct, cordlict vvith the Muilicipa! Plan or the land, and I was i-old that: 'ti le
developer was doing 'this work; at his o vn risk, and that since the lard was only
being ,;r� gyred for development nothing could be Goole. 1 m /as advised t1w once
a 6-,zvL1op:::ent plan was submitted then Plar ping and yeveloprnent would
becorn -� involved. I understand that durving this period N;unicipal Operations
reclufre -6 the o ;.mer to undertake sorne storm water remediat;on.)
Although tile? activity on the private iund ric5 G'eStr�lye(S Ci��: natural wetland, tl1P..
larg -r portion of the prupos._d Lievf lopnIent is owned tine G-N. Council can
demonstrate its reso:ve to "stick to the Municipal Plan" and protect the remaining
.!etlund biu denying z;pplicati %rI.
Fu ure Land lase Des(A ations
Plan;;,; r }4tab►ished several land use categaries, one or %wick is:
Park and Natural Areas
"Park. and Natural areas, are currently fn a primary natural state o,• w'oule
benefit from re- naturalization and are not appropriate locct;onz lor.
development. Park and Natural Areas include wooded lands, lakreshurz s; hv{!.S,
coastlines, and important geology arms habitat.
2
73
177
Park and Natural Areas (continued)
Through specific policies in Chapters .3 and 7, such as. the provision of wildlife
corridors, protection of environmentally sensitive /significant areas, and
guidelines for watersheds, riparian, coastal and estuarine areas, the land; are
intended to form a sya'tcm of natural areas to conserve ecosystems." (,.., p is !
"Lands in the City designated Park and Natural !areas are generally not
appropriate for any form of development, inc,ud ng resource uses. These lands
are intended to form a syst'ern of naturci areas to help conserve natural
ecosystems and include :ands designatad as park, la ds designated as being
environmentally sery -efUve or significant, lands located adjacent to watercourses
and lands within the City's protected watersheds, coastline- and estuarine
areas'." (3.7.1, pg. 90G)
r e E..,ld Use ds:) gna:ion MarSi states:
ri
"Create the Park and Natural Areas des. +gnatibn can the Future Land Use. reap
(Schedule; B). Council infends that the Park and Natural Areas designation will
permit a rmige of conservation and appropriate rrcrrationol land uses
permitted in the City ;s major regional and commun4y parks, environmentally
sensitive or significant areas; lands that are located adjacent to watercourses,
lands adjacent to the City's coastlines, estucrnfne areas, significant
archaeological and geological sites, historic sites,, designated heritage places
and cemeteries. Council may permit commercial recreation us-es in the Park and
!Natural Areas designation subject to appropriate standards In the Xcwj^ ,rya
Bylaw."
The Park and Natural Areas. d2S.Ignation, 1'cLlc�, �U — 110. "Permits a range of
conservation and approp~'iate recreational land uses...' Tit^ City! nd sU,bject Lo
ttie proposed mur,12:ipal ;ar. anie ndirnent surr'- .Junes the Go r,• :an Arena, it is
ap�)r•opria e for recr_atdonal Uses.
3
74
178
eriat'ing Gity_L:nd Suralus to thc: City's Needs
Cdr; rebrwary .11, 2013 Council declare:: Ole CIty owned land surrounding they
Garman Arena "to be surplus to the City's needs.' T%;c saime resolution of
Council g'ran'ted consent to S rannex P.Cs Lind ed to apply for a k4unicipal Pl2n
ilrr'€'riClmient for these same- lairds.
It is surprlsil g -hat these ;ands were declared surplus i0: t'.',1�: re" _ �5: 1) be. -ur•:
Cc -ulcil has fuliy consid� re' they Propo5 d Iviunicipai Pion Am n t ?rEr�' and
;i
bef!'';i a the Recreation and Par ks %vraste:- ?Naar, Stu y 1plG iS`) U. -at IS , i
°cu4 to en�cr'
the comrriuni ►.N ronsuht.-ittion. prase, is conlrl?tL. These lands, are Ai ;nificant Ci',yr
holdings anti harve nctent al for r'ec!eational use. By declaring the S: 12!nd.: sr�.'pIUS
are they no a alf"rible for r -ecreza'X-lial purposes?
1lrtcc: the land vvas daar•rcined surplus t;.� City neiL is, it would have been nrUdent
to advertise tO all deVeiopers, that thest� lands are avallable for davelopmeant aru
seel; roposals (as vas just done vvith the Jell, s Cea;i buildings)? There may Le
One or more developef'S who world submit a [iaVelo'l:_ e!lt Alan more consistent;
with 0-2 existing rnunicipal rlan designation -and zoning.
Future land U5,;! R tries
In Pl -an&j Coamcil ad--juted several policies regarding Future Land Use (12, pg. a1;.
Reear:fing changing or arnenring tilt desigriaJOr, of land' on the tivire Land Use
map (5chedurle W E'c�.'._,U -4 (3. Ngs.51 /51) states th Cci jr; cil shGJl:
"Not consider changing, the. designation of lands on the future Land Use
-nap through a Munidpol Plan amendment; unless the proposal:
c. Is consistent with the general intent, of the Municipal Plan and further
advance -s the City Structure;
+b. Is necessary by vinue of a icre of supply of quality land already
designated in the Municipal Nan to accominodate the de.veloDment;
c; Enhances the community and the cluoYiy of life offered to residents of
the City;
d..E.fficlently uses available infrastructure;
n
75
179
Policy LU —4 icontinuedl
e. Does not ne_gativeiy, impact the use and enjoyment of od,�Oc wt lands
and neighbourhoods;
f. is an approp —lato use within the land use designation being sotaght f v
the property, and the proposal is consistent with the speciffe policies
regulating development in the designation. and
a. Adequately addresses and mitigates any 519s11.6cant envlronmental
irr�'pa r—ts,, `r
And Poky LU —!;1 f3.::. =, Gfg:. 89) sates tha'T l;.uncil shall:
Strongly discourage development In tl?e Urban Reserve designation and
aWy permit limited low density r esident al uses, ".
Directions for Growth and Chan&
PlanSJ 'established ,•line Wrec;tions for Growth and Change that reflect the
community's asrp lotions for the C.'itY'`s future and illustrate best prarticey i +1
building sustainable and cafngiete comirnunith:,S. These Directions also provide
the foundation for the Municipal P'an's City Structure and Land Use
of th,25 e Jirecdolis me:
5. =Sa nt John values and protects its natural environment and ecosyste.-ns or.
land and in water. Saint John.
Actively stewards ecological systems through preservation,
restoration and e'nhanceme'nt to inerease blodivenF it y and to restore
sensitive or diminished ecasystems," (1.4.1, ng. 21',
5
76
180
Directions for Growth and Change(Continued)
9. 'Saint John ;� committed to a .strong inn for ection and ,making change..
Saint John.
• Has the courage to stick to the .Muniripal Plan during both
prosperous times and difficWt times;
• Commits to , sticks to , monitors and implements the Mwniciptd
Plan 'i.=:.I i'�• C"
SumrT. any
TI Js r::vie- r process x,r, a Dronos _J Municipal Plan Arn nd� neni. �':Ir 700' 1`611idge
Avenue is a test of council's re.jclve to support Plar,SJ, since the a,pplicant "Ir.
request to radesifnatc the above lands to Major Community F;;cility. ;rorn Park
and Natural Areas and Urban Re -se -rue cotif lids i.I several ways, it,,, i., he purpose,
^tractions, goals and policies (particularly policies 11.L1- 4 _end LU - 92) of PlanSJ.
R.eglest
L he -reas, the Proposed Plan .1 niendmerit 700 I'Aillidge Aven- .-..
'.10,14'iicts in several aspects w1th the requirements of the Mini ^'spal Marl (PlanS.l;, I
rerxuevi ", continue to support -the directiun z- stablish :r, ir, Plar.SJ, '`,t ck
to the Municipal 1�.Ian" and thus, advlse tie applicant tha its request cc amend
the r'Aunlcipal flan at 700 f,4!llidge Avenue deniEC1;
O rd zur�:i'1er than. 'ounc l rescind its declaration that the Cit lands, referenced in
the resolutioln of Februzry 11, 2013, "'are surplus i0 Cite ;needs," Line reconsider
ti�is nutter after the NA.unicifoal Fio�l Agri *ndrnen.t process ;s;1C? ii1�� 'teer'e�t10n a:l�
Parke Ma sier Nan Study plan are complete.
�,
I r ,i
idl'at r Butler
22. Tr!nl y Close, Saim Sohn, NIB
E2K 4N9
6
77
181
April 36, 2013
Mayor Mel , ^Jorton
And N,embers of Common Councii
City cif Saint John,
P.O. Bot 1971
Saint John, NB E2L 41.11.
Your Worship Mayor, Norton and Members of CouncIll,
Subi ct: Proposed Munidoal Plan Amendment 700 Millidge Avenue
Council has invited written objections 'Lo the PCOPosed ttiA.anicipal Platy
Amendment for 700 Millidge Avenue. The appilcant, Shannex Incor- por-ated hac
requested that the lands In question be redesignated fl ra,i': Urban Reserve � gia
Park and Natural Areas to Major Community Facility.
I w';sh to uoice my opposition to the plan amend(nient as presented and for, all the
reasons presented by my neighbo -;-r William Butler in his letter to Council diced
April 8, 2013.
Roger Savoie,
Saint- John, NB
F2K 4N3
78
182
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MAY142013
183
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Lockhart, Lynda
From:
Rod <rod.keiller @gmail.com>
Sent:
May -14 -13 9:50 PM
To:
External - Planning
Subject:
Re: Saint John - PlanSJ
On 2013- 05 -14, at 8:07 PM, Rod wrote:
http: / /www. saint j ohn.ca/en/ home/ cityhall/ developmentprowth/ communitxplanning 1plansj /default.aspx
To Whom it May Concern.
I am communicating in reference to the Municipal Plan Amendment and Rezoning of 700 Millidge Avenue. I will start by saying I am all
for development for this specific purpose and realize this is good for many people on many levels. I have a serious concern however
with the storm water collection and management. We have neighbours who regularly suffer with flooding and i worry what will happen
if this construction goes on. There were also some changes with the number of floors of one building and the amount of access roads
coming onto Millidge.
Our family is a recent addition to your fair city and we are very happy to be here. I will be attending the meeting of May 22nd.
484
6, LPV- V
MAY i;,_6 2013
Saint -Jean, le mercredi 15 mai 2013
Mesdames et messieurs du Comite de planification urbaine,
Je vous ecris pour vous signifier mon opposition au projet de Modification du plan d'amenagement et de
rezonage propose au 700, avenue Millidge.
1. D'abord, le terrain situe derriere ma propriete, est un marais et a toujours ete considers ainsi,
meme si pour des raisons mysterieuses, it n'a jamais ete officiellement enregistre comme tel
aupres des autorites provinciales competentes. C'est d'ailleurs ce qui nous a rassures quand
nous avons achete notre propriete en 2007. Les agents d'immeubles, toutes les personnes a qui
nous avons parle, tout le monde nous certifiait qu'il n'y aurait jamais de voisins derriere chez
nous, puisque le terrain est en realite marecageux. Jai de bonnes raisons de croire qu'un projet
immobilier, et notamment le projet de Shannex, avec ses immeubles trop eleves pour le secteur,
ferait chuter la valeur de ma propriete et son potentiel de revente. Les maisons dans le secteur
prennent deja enormement de temps a se vendre, je n'ai pas besoin d'un mammouth derriere
chez moi pour empirer les choses.
A I'heure actuelle, le projet de Shannex, tel qu'il est propose, me prive du droit de jouissance de
ma propriete. Ma maison est principalement tournee vers le sud. Tout le cote sud, soft plus de
50% de mes fenetres, donnent Sur le marecage. Le projet, avec ses immeubles de 6, 4 et 3
etages, qui ne s'harmonisent d'ailleurs pas avec les residences adjacentes, bloquera ma vue et
me privera partiellement de mon intimite. Par ailleurs, j'aimerais vous souligner une erreur dans
la proposition de Shannex. Dans leur demande, ils indiquent un immeuble de 5 etages, tandis
que Sur les dessins, 6 etages y figurent.
2. Ensuite, je m'oppose au projet, car le terrain (700, avenue Millidge) souffre deja d'enormes
problemes de drainage et a un haut potentiel de risques (fai d'ailleurs deja envoys plusieurs
courriels au maire, au directeur general et a des ingenieurs municipaux pour leur rappeler ce
probleme). De ce que je constate et comprend de la situation depuis 2007, annee ob j'ai achete
ma propriete, les egouts fluviaux situes Sur Reed deviennent satures rapidement. Et lors de
grosses tempetes, quand le systeme de drainage de Reed devient sature, I'eau refoule Sur le
terrain marecageux du 700 Millidge. L'eau s'y accumule et depuis les travaux effectues I'an
dernier pour preparer son developpement domiciliaire, I'eau forme un enorme lac (voir video).
Bref, la nappe phreatique est tres haute dans mon secteur et f ai des pompes submersibles dans
mon sous -sol qui fonctionnent continuellement. Ma maison a d'ailleurs deja ete inondee en
2003, ainsi qu'en 2009. Si vous construisez un tel campus Sur le terrain du 700, ave Millidge, le
projet devra titre suivi scrupuleusement et les autorites de la ville devront s'assurer que toute
I'eau qui stmt autrefois absorbee par la tourbe 1) ne restera pas stagnante dans un etang ou
prolifereront les moustiques et qui debordera a la premiere grosse pluie 2) sera evacuee loin
des proprietes de la rue Trinity Close, en prenant soin d'empecher 1'ecoulement souterrain, afin
d'envoyer toute I'eau de surface et souterraine dans un nouveau systeme d'egouts fluviaux
capable de gerer une enorme quantite d'eau. Or, les ingenieurs de la ville m'ont confirms par
ecrit qu'aucun travaux d'amelioration des canalisations situees dans le secteur de is rue Reed
n'etaient prevus dans les prochains cinq ans. Vous recevrez d'ailleurs une video demontrant le
grave potentiel d'inondation du terrain, maintenant que la matiere absorbante a tits enlevee. De
ce que je comprends, si rien nest change, Shannex installera un complexe de plusieurs
immeubles Sur un terrain gorge d'eau qui, comme un glason dans un verre d'eau deja remplit, se
185
deversera tout autour. Selon moi, vous recevrez ainsi plusieurs poursuites judiciaires contre la
ville et Shannex de la part des citoyens du secteur qui auront connu des dommages causes par
1'eau. Soyez donc avises!
Je ne veux pas de problemes comme sur Brentwood Crescent, ou la ville a du construire a Brands
frais une autre ligne de canalisation, afin de debarrasser les voisins de leurs problemes repetitifs
d'inondations et de refoulements d'eau de pluie. Apres Glenn Falls, le secteur de McAllister,
Brentwood Cresc., les autorites de la ville devraient maintenant prevenir plut6t que guerir, et
ainsi s'eviter plusieurs frais inutiles.
3. Je m'oppose au projet egalement parce que je juge que la ville va encore une fois contre la
volonte de ses citoyens et contre ses propres regles. PlanSJ, qui a coute des milliers de dollars
(j'ose esperer que I'on ne parle pas de millions) a la ville, qui a pris des annees a mettre en place,
qui a sollicite la participation active des citoyens de Saint -Jean, demontre que la ville ne tient pas
ses promesses et qu'elle paie souvent a grands frais pour quelque chose, pour finalement
['ignorer ou faire le contraire. Pas etonnant que cette ville soft sur le bard de la faillitel Bref,
PlanSJ a classe le terrain 700 avenue Millidge comme une reserve urbaine. Alors approuver le
projet de Shannex, c'est bafouer ['opinion des citoyens, c'est aller a 1'encontre de leur
demarches pour ceder au premier venu! Et c'est compromettre toute I'integrite du PlanSJ.
4. Par ailleurs, si le projet allait de I'avant, le nombre d'etages des immeubles devrait tous titre
reduits de moitie (5 a 2,5; 4 a 2, etc.), ou encore, les immeubles plus eleves devraient titre eriges
la ou it y en a deja, soit tout pres de University, autour des appartements Anchorage. Pourquoi
tanner les proprietaires de residences unifamiliales qui vivent sur Reed ou Trinity, quand de
toute fagon le zonage est residentiel, alors que sur la rue University, un boulevard soit dit en
passant, conviendrait parfaitement pour ce type de projet? En passant, it y a deja un grave
probleme de circulation cause par le Tim Hortons sur la rue University. Plusieurs accidents ont
ete causes par des conducteurs imprudents qui s'aventurent sur le boulevard ou qui coupent les
voies de circulation inverses. Alors I'idee d'ajouter une entree au campus de Shannex a quelques
metres de la est suicidaire. II faudrait plutot deplacer 1'entree dans le secteur du stationnement
de I'arena et meme encore la, la pente rendrait la visibilite probiematique. Bref, it faudrait se
pencher pour crder une intersection adequate daps ce secteur achalande ou les vehicules
roulent parfois a de tres grandes vitesses.
Pour toutes ses raisons, je demande au PAC de refuser le projet et de redemander a Shannex de
retourner a la planche a dessin. Mieux encore, la ville devrait transformer ce marecage en part urbain du
meme type que Mud Lake a Quispamsis.
Eric Kennedy et Caroline Brunelle
18 Trinity Close
Note : j'aimerais avoir un service en franpis lors de la session du 22
186
� +famla -W
Ve(Sian will bee
available a�
�he rv+�efin�
wnesday
May 15, 2013
Planning Advisory Committee
City of Saint John
Planning and Development
P.O. Box 1971
Saint John NB E2L 41-1
S
To: Planning Advisory Committee (PAC) Members:
MAY 1 6 1013
A, i x
Re: Proposed Municipal Plan Amendment and Rezoning - 700 Millid a Avenue
I submit this letter in opposition to the proposed Municipal Plan Amendment and
Rezoning applied for by SHX (Shannex) for the property identified as 700 Millidge
Avenue. The applicant has requested that the lands in question be redesignated from
Urban Reserve and Park and Natural Areas to Major Community Facility. The
application appears to be an unsolicited development proposal that looks wonderful,
but, in my opinion is proposed for the wrong location.
The proposed site consists of two parcels of land, one privately owned of 2.7 ha and the
other owned by the City of Saint John of 5.8 ha. Overall the site is 8.5 ha. There is no
question in my mind that the site of the application is a wetland.
iftior Community Facilities
PlanSJ has established a Major Community Facilities designation on the Future Land
Use map. PlanSJ states these facilities: "need to be carefully planned and regulated
to ensure they do not negatively impact adjacent land uses and are appropriately
located for convenient access by all transportation modes."
The Future Land Use map designates a large tract of land as Major Community Facility
in the Millidgeville area near Boars Head and Ragged Point roads. This is about one
km from the proposed site.
Policy LU -90 states Council shall: "Ensure that new major community facilities that
are used by residents across the City and the Greater Saint John Region are
located in areas designated Major Community Facilities and shall generally be
permitted only subject to a rezoning process where compliance is demonstrated
with the following requirements:
187
a. The proposed land use is desirable and contributes positively to the
neighbourhood;
b. The proposal is compatible with surrounding land uses;
c. The development is in a location where all necessary water and
wastewater services, protective services, and appropriate transportation
infrastructure including public transit can be provided;
d. Site design feature that address such matters as safe access, buffering
and landscaping, site grading, and stormwater management are
incorporated;
e. A high quality exterior building design is provided that is consistent
with the Urban Design Principles in the Municipal Plan; and
f. Public transit and active transportation links are provided to and from
other key destinations."
The Major Community Facilities area in Millidgeville currently designated on the Future
Land Use map should easily meet the above requirements, while the proposed
development site will be challenged to meet sections a, b, and d.
uture Land Use Policies
In PlanSJ Council adopted several policies regarding Future Land Use (3.2, pg. 51).
Regarding changing or amending the designation of lands on the Future Land Use map
(Schedule B) Policy LU — 4 (3.2. pgs.51/52) states that Council shall:
"Not consider changing the designation of lands on the Future Land Use
map through a Municipal Plan amendment, unless the proposal:
a. is consistent with the general intent of the Municipal Plan and further
advances the City Structure;
b. Is necessary by virtue of a lack of supply of quality land already
designated in the Municipal Plan to accommodate the development,
c. Enhances the community and the quality of life offered to residents of
the City;
d. Efficiently uses available infrastructure;
e. Does not negatively impact the use and enjoyment of adjacent lands
and neighbourhoods;
f. Is an appropriate use within the land use designation being sought for
the property, and the proposal is consistent with the specific policies
regulating development in the designation; and
g. Adequately addresses and mitigates any significant environmental
impacts,"
As mentioned earlier the Future Land Use map has designated a large area of
Millidgeville as Major Community Facilities. The proposed development should be
located within the area already designated Major Community Facility.
Should the Development Be Subiect to an EIA?
Schedule A of the NB EIA (Environmental Impact Assessment) Regulation states: "v,
All enterprises, activities, projects, structures, works or programs affecting two
hectares or more of bog, marsh, swamp, or other wetland" must register under EIA.
This schedule automatically applies to lands that appear on the provincial wetland map.
Two years ago the proposed development would have been automatically triggered for
an Environmental Impact Assessment, since it was identified as a Wetland Predictive
Layer on provincial mapping. Since then the regulations have changed, such that only
provincially mapped wetlands (and not Wetland Predictive Layers) are automatically
triggered for an EIA.
Although this land does not appear on the provincial wetland mapping, it does not
change the fact that it is a significant wetland. Council could support the spirit of PlanSJ
and the provincial EIA Regulation and using its municipal jurisdiction could require the
developer to undertake an Environmental Impact Assessment (EIA) in a manner similar
to that required by the provincial regulation. By requiring an EIA, Council would
demonstrate its resolve to protect environmentally sensitive /significant areas as
committed in PlanSJ.
The Land is Zoned R1 -A
Since 1980 1 have owned a lot immediately adjacent to the City owned parcel of land
that is subject to the proposed municipal plan and zoning change. Before purchasing
my lot, whereupon, I built a house in 1983 1 reviewed the zoning - it was zoned R1 -A,
single family housing, and remains so today. It was the R1 -A zoning that gave me
comfort to purchase the lot assuring that any future construction on the adjacent
property would be single family housing.
Through research 1 have found several references to the purpose of zoning. Some of
these are:
• One important purpose of zoning is to protect or maintain property values. Zoning
can protect the value of property by assuring that incompatible uses will be kept
apart. Zoning can keep factories out of residential areas (which could lower the
value of homes in the immediate vicinity), as well as keep residential
developments from locating in industrial areas.
3
189
• Zoning also provides for more orderly development. Regulations pertaining to lot
size, set back lines, building height, and population density can make areas more
attractive. With enforced zoning, local residents can be ensured that poor
development will not occur.
In the present case, if the land in question is rezoned to IL -2 from R1 -A can assurances
be provided that the neighbouring properties will maintain their value? This is one of the
purposes of zoning - to protect or maintain property values, by assuring that
incompatible uses will be kept apart.
In layman's terms, to an individual property owner, to a potential developer or to a
buyer, zoning is akin to a promise, a promise that the surrounding lands will be
developed in accordance with the standards established for that particular zoning.
There should be very compelling reasons or overwhelming support from neighbouring
property owners to break this promise. For the existing property owners of Trinity Close,
Woodhaven Drive and the Stanley Gardens area the promise has always been that the
land in question would be developed in accordance with the R1 -A zone; namely single
family residential properties.
Millidgeville Stormwater System
In recent years there have been several occurrences of basement flooding in sections
of Millidgeville. I understand that the cause may have been the inability of the storm
sewer system to handle the volume of run -off entering the system, thus, surcharging the
pipes and flooding low areas connected to the system, often basements.
The City of Saint John has taken aggressive action to resolve this situation. This began
with the engagement of CBCL CONSULTING Engineers (CBCL) to prepare engineering
reports and to "develop preliminary designs for an optimal stormwater
management plan" for two watersheds in the Millidgeville area. Through the "Right to
Information and Protection of Privacy Act" i have received a redacted copy of the
CBCL reports.
"The objectives of the ( stormwater) plan are to reduce flood risks in the following
order:
Basement flooding
Street flooding causing potential safety hazards
Surface flooding of private property."
(Millidgeville Stormwater System, Preliminary Design Report —Final April 2010,
CBCL Limited, Section 4.5 Implementation and Short Term Objectives, pg, 27)
4
190
The CBCL plan has several components including, but not limited to, new storm sewer
installation, storm sewer replacement, construction of diversion storm sewers, catch
basin disconnections, and the construction of detention ponds.
The CBCL Stormwater Management Plan states that "to achieve the full reduction of
all flood risks identified in the study area, all components of one or the other
stormwater management plan must be implemented." (4.5, pg, 27)
Detention Areas and Ponds
One of the major components in the CBCL plan is the use of detention areas that "will
flood during and immediately following heavy rainfall events and then drain in the
days that follow the end of the rain." The plan proposes to enhance existing
detention areas through the construction of detention ponds. This component of the
stormwater management plan would significantly increase the volume of water that
could be stored in the detention areas for slow release following a storm.
The intent of each detention pond is to:
® Reduce the potential for downstream flooding
• Increase the flood depth and the flooded area to accept a larger volume of
detained runoff resulting from the reduced discharge. (4.3.1. pg 21)
Significance of 700 Millidge Ave. Site for Stormwater Detention
The site in question consists of 8.5 hectares of wetland. For eternity it has acted to
retain storm water and control run -off into the municipal storm sewer system. This land
has been identified in the CBCL Stormwater Management Plan as the site of a
detention pond. CBCL estimates that the current storage available is 2000 cubic metres.
Through the construction of a detention pond on the site this water storage could be
increased to 13,000 cubic metres — a six fold increase. However, since the water table
is quite high, the wetland /pond surface area will have to be large at a shallow depth to
gain sufficient volume. This could restrict the number of buildings the site could
support.
5
191
Letter to Common Council
Appended to this letter is a copy of a letter sent to Common Council, dated April 8, 2013
in which I presented several arguments as to why this proposed Municipal Plan
Amendment and Rezoning to redesignate the lands in question from Park and Natural
Areas and Urban Reserve to Major Community Facility, conflict substantially from
the purpose, directions, goals, and policies adopted in the Saint John Municipal Plan
(PIanSJ). Please consider these arguments in your deliberations.
Summary
Approximately 70% of the lands subject to the application for a municipal plan
amendment and rezoning are City owned and have a Future Land Use Designation of
Park and Natural Areas. PIanSJ states emphatically that such lands are intended to
form a system of natural areas to help conserve natural ecosystems: "Park and Natural
Areas are currently in a primary natural state or would benefit from re-
naturalization and are not appropriate locations for development." (PIanSJ 2.5)
The City's own Municipal Plan — PIanSJ is the strongest argument against this proposed
development.
The subject lands have been identified in the Millidgeville Stormwater Plan as the site of
a major stormwater detention pond. The proposed development is not complimentary to
this plan.
There are lands in Millidgeville that are designated Major Community Facilities on the
Future Land Use map that could accommodate the proposed development.
In reviewing PIanSJ, I find no compelling reason to redesignate the subject lands to
Major Community Facilities. The proposed development conflicts in several aspects
with the purpose, directions, goals and policies of PIanSJ.
I encourage the Planning Advisory Committee to consider PIanSJ and the Millidgeville
Stormwater Plan and recommend to Council that the application from SHX (Shannex)
be denied.
The Appendix that follows lists specific concerns about the development
William Butler, P. Eng
22 Trinity Close
Saint John, NB E2K 4N9
6
192
APPENDIX
Concerns Regarding the Development Proposal by Shannex
Although request that the application be denied i offer the following comments regarding the
proposed development:
1) The 1L -2 zoning permits institutional uses such as a school, fire station, special
care home, etc. I suggest that the PAC include a condition that the rezoning is
approved for only the following listed use: senior citizens housing in association with
a group care facility.
2) The design of the wetland pond will be critical to assure that the net increase in
run -off once the site is developed is zero and also, that the pond does not become a
breeding ground for mosquitoes. The design of the wetland and storm water pond (for
capacity) is perhaps one of the most critical site elements. The pond should be
designed to retain 13,000 cubic metres of stormwater, the volume of water identified in
the CBCL Stormwater Management Plan. The number of buildings on site should be
reduced to accommodate the pond, if necessary. The proposed water fountain in the
wetland pond adds nothing to its purpose to control run -off.
3) Since the proposed development will exceed two hectares and the land meets the
EIA criteria of being a bog, marsh, swamp, or other wetland, and since approximately
70% of the land is owned by the City, the spirit of the EIA Regulations should be
supported, and the developer should be required to undertake an Environmental Impact
Assessment.
4) In order to provide comfort to both the City and the residents CBCL should be
engaged by the City, at the developer's expense, to review the wetland and pond design
provided by the developer. This review would examine the affect of the proposed
development on downstream storm water flows and the functionality of the proposed
wetland /pond design. The residents of the area need comfort that the proposed
development will not impede negatively on the storm water system.
5) The letter of application by Shannex dated February 20, 2013 lists the Lifestyle
Apartments to be a five -story building. Yet, the detailed architectural plans clearly show
this building to be six -story. Considering that the highest building in the surrounding
area is a three and one -half story (above grade) apartment building - a six -story building
that is 1.7 times higher than the apartment building would be out of place. This is
especially so considering that the zoning for the land in question has been R -1A for over
30 years. I understand that the proposed zoning of IL -2 for the site permits a maximum
height of 24 metres. I suggest that the PAC add a condition that the maximum building
height be four stories or about 18 metres.
7 193
6) The architectural plans show a slab elevation for all buildings as 3.00. How does
elevation relate to the road elevation, adjacent properties and site drainage? I suggest
that conditions be added requiring the developer to prepare a detailed grading and
drainage plan that will provide that all storm water on the property will be directed to the
wet land pond.
7) The fencing should be decorative and designed to discourage climbing.
8) The site plan shows trees throughout the development. This is very desirable.
Trees should be selected that are deer resistant. On the boundaries with neighbouring
residential properties trees should be mature evergreens such as blue spruce, fir and
pine to act as a buffer between the differing zones.
9) The minimum width of the buffer area between the development and the
northwest boundary should be a minimum of 30 metres.
10) It is understood that a variance has been requested to permit an additional two -
way vehicle entrance on Miilidge Ave. I do not favour the granting of this variance
because of the volume of traffic on the street and the number of entrances on the
opposite side of the street. Thus, the vehicle access should be restricted to two to
comply with the IL -A zoning_
11) Since any development work on the site will require the removal of the peat
material, which serves to retain water, the wetland construction should be developed as
part of the initial phase of the work,
12) 1 have been advised that the wetland once developed will be returned to the City
for maintenance. I understand that the City has financial challenges. This limits
resources to maintain such items. The maintenance of the wetland should remain the
responsibility of the developer — Shannex. They are on site at all times and can address
issues on a day to day basis, besides being able to monitor the wetland at all times.
13) Regardless of who will maintain the wetland and pond that area should not be
designated Major Community Facility but should retain its current Future Land Use
designation as Park and Natural Areas.
wmb 2013 05 13
f94
700 Millidge Avenue -- Looking east - 2012
700 Millidge Avenue — Looking southeast - 2012
195
May 14th, 2013
Planning Advisory Committee
City of Saint John
Planning and Development
P.Q. Box 1971, Saint John, N.B. E21- 41-1
N
�S NN 1
Subject: Proposed Municipal Plan Amendments: 700 Millidee Avenue, Rezoning and
Variances
We oppose this project in the context of the destruction of a wetland in an area that the City of
Saint John in PlanSJ designates to be URBAN RESERVE and PARK and NATURAL AREAS. Recent
CBCL Limited studies for the City of Saint John recommended that this land be used as a water
detention area for stormwater, to mitigate flooding downstream.
This is a different drainage basin than the lower end of the Woodward Ave. / Brentwood Area
which has experienced major flooding in the last few years due to poor development planning
and no consideration for proper drainage which even eventually effected parts of Donaldson
St., I believe. The two drainage basins utilize the same stormwater system leading to the Saint
John River.
It should also be noted that this parcel of land sometime between the years 2007 and 2009 was
designated as a Wetland Predictive Layer by the Province of New Brunswick but got caught up
in changes before being officially registered. Common sense tells anyone who looks at the land
that it is a wetland.
If the application receives approval we have some concerns that we would like answers to
and /or addressed:
Why bother obtaining Consulting/ Engineering Studies and then doing very opposite of what
is recommended.
Who will be responsible to homeowners when flooding affects their property?
When will a comprehensive drainage plan be available to detail how the water runoff will be
handled when 90% of this Wetland is eliminated?
Why would the City of Saint John be responsible to manage this small piece of Wetland being
set aside as a "Water Retention Pond" after completion of development?
Consideration is given to limiting building height to 4 storeys vs. proposed 6 storeys.
Do not allow the change to 3 from 2 driveway access as there are 6 driveways directly across
from this proposed development.
Thanking you in advance for your consideration,
Paul Stewart, 15 Reed St., Saint John, N.B.
196
Paul Paulin <gdtrfb @nbnet.nb.ca>
Planning Committee - City of Saint John (Proposed Amendments 700 Millidge Avenue)
s +, May 16, 2013 8:43:53 PM ADT ® i
PAC - Saint John, NB
Dear PAC,
I live at 18 Reed Street, approximately 70 m away and down gradient from the proposed development. I have lived in this area of
Millidgeville my entire life (outside of being away to University and a few years living in apartment uptown while in my 20s). I have
witnessed the neighborhood grow from a small "bedroom" community in the 60s/70s to what it is today. I have several concerns regarding
the development as follows:
The zoning for this property is single family dwellings, I always understood this to be the case, especially when i purchased my
home in 2003. It is my opinion I will loose privacy in my backyard (hence quality of life) due to the potential presence of the
proposed location of the 6 storey building (unfortunately there appears to be some confusion in regards to the height of this
building as it is referenced as a 5 story building in the cover letter provided by planning). This i feel is too tall of a building for the
neighborhood and should either be decreased in height or moved to the back of the development (if this proposal goes thru). The
variance to allow the building closer to the street must not be allowed. Furthermore, given the peaked roof design, it really seems
like a 7 story building;
: From the introduction of the Wetland Guideline in 2002/2003 to March 2011, this property was protected as a wetland under
provincial regulation. Unfortunately, Minister Blaney unceremoniously thought it was a good idea to declare it open season on
over 70 % of the province's wetlands and drop the guideline in March 2011 for reasons I will not get into now (not even sure if what
she did was really legal). I saw wetland delineation ribbons were placed at several areas throughout the parcel of the property
fronting onto the intersection of Reed Street and Millidge Ave. in 2009 or 2010. This was likely to delineate the wetland areas for
the current owner, who unfortunately, did not submit that particular consultants report to the province (NBDELG), other wise we
likely will not be having this proposal in front of you. The current owner immediately took the opportunity to commence destruction
of the wetland as soon as the spring commenced in 2011 knowing that Minister Blaney's inappropiate policy gave him an
opportunity to do so without any compensation and that this "temporary" policy would change eventually,
the area (in sq. metres) of the planned detention pond "wetland" area appears to be inadequate, I would suggest that a third party
consultant be retained to review any design (of the prosed engineered wetland) proposed by the proponent of this development.
The depth to the water table is very shallow and the area required, based on my rudimentary calculations, is no where near the
area that is required given existing depth to the water table. Also, that area of the site proposed for the "wetland" is the only area
of the site where I suspect bedrock outcropping exists. Obviously, the location was chosen by some one who has no knowledge of
the physical constraints of the property.
o CBCL in 2010 prepared a preliminary drainage plan for Millidgeville that clearly recommends that this land was ideal for a
detention pond (since it was a natural wetland and was ideally suited to serve the drainage basin that is located in this area of
Millidgeville).
To rezone the land from Urban Reserve, Park and Natural Area to Institutional does not seem to be appropriate in my opinion for
the area. It must be maintained as residential if we are going to go ahead and destroy what is left of the wetland. I can recall
watching council many years ago consider a variance for the light industrial property on Woodward Ave. near my parents home. I
clearly remember them stating the intention for Millidgeville as far the City was concerned was to maintain and promote residential
growth, and I quote not "light industrial or commercial" growth. I realize however this proposed development can be somewhat
interpreted as residential in certain aspects.
The variance to allow reduced parking appears to be inappropriate as the amount of parking spaces seems to be inadequate for
such a large scale development.
is there really a need for this type of development in the City ? Also, I understand the Champlain Place senior community
residence on Boars Head is no where near full ?
In S i rm II ubmitting my objection in whole and in part to the proposed development. G /,ary,
au Paulin, P.Eng
18 Reed Street
MAY f ,�,
Saint John, NB, E2K 2A2 2L'13
197
Lockhart, Lynda
From: Benjamin, Ian (N BCC - Saint John) <Ian.Benjamin @nbcc.ca>
Sent: May -17 -13 2:50 PM
To: Lockhart, Lynda
Cc: Debian
Subject: proposed rezoning 700 Millidge Ave
To: Saint John Planning and Advisory Committee
I am concerned that this project would aggravate the traffic problems that already occur during rush hour on Millidge
Ave.
The proposed seniors complex has 3 entrances onto Millidge Ave. This section of Millidge Ave is already extremely busy
through the day with traffic from the D +H coupon facility, the Irving and McDonalds restaurant, and the various Doctors
offices and Pharmacy. This project should not be approved unless the city is prepared to widen and upgrade Millidge
Ave to have a proper middle left turning lane along the entire boundary of Shannex property.
Thanks
Ian Benjamin
22 Parklawn Ct
Saint John, NB
MAY 17 2313
198
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199
May 20, 2013
Planning Advisory Committee
City of Saint John
Planning and Development
P.O. Box 1971
Saint John, NB E2L 4L1
Attention: Planning Advisory Committee
4)
DE
� O
VI AY 1 1
SA
The intention of this letter is document my support for the proposed municipal plan amendment,
rezoning and variances for the property listed as 700 Millidge Avenue. I am presently the owner of 731
Millidge Avenue, a 4,094 square meter (2 acre) parcel of land directly across from the property in
question which houses two one storey commercial buildings. Having reviewed the proposal dated May
2, 2013, 1 believe that the benefits to having SHX Devlopment Ltd. proceed with the proposed
development far outweigh the perceived costs.
I understand that the land in question is challenged with natural wet conditions. However, I believe that
the construction of the storm pond will alleviate this concern. Furthermore, from speaking with
individuals involved in property management in Atlantic Canada, I have come to learn that SHX
Devlopment Ltd. has a very strong reputation in regard to the construction of their complexes which
gives me the confidence that concerns surrounding stormwater flow will be properly addressed. The
fact is that the wet land has already been largely filled. I believe that the community should now
embrace a development that could have a positive economic impact in our neighborhood and has a
strong plan to address our environmental concerns.
Having visited the Shannex properties in Quispamsis and Fredericton, I feel that the complexes are
aesthetically pleasing and those drafted in the proposal fit that mold. Furthermore, the blend of staff
and residents associated with this type of property should not have a large impact on noise or traffic as
opposed to what other types of commercial developments could bring. 1 also believe that
accommodating the listed zoning variances is a minor issue compared to the economic impact that a
development of this scope as well as the addition of 130 jobs to our community will provide.
Thank you for your time in considering this letter. Please do not hesitate to contact me should you have
any questions.
Sincerely,
Dr. Ryan Kennedy, Bsc., PharmD, MBA
RyJon Property Holdings, Ltd.
725 -1 Millidge Avenue
Saint John, NB E2K 2N7
200
�1
WAY ? 1 2V313 144 Woodhaven Drive
Saint John, NB
E2K 4N6
Play 20, 2013
Planning Advisory Committee
City of ,Saint John: Planning and Development
P.O. Box 1971
Saint John, NB
E2L 4L1
To Whom It May Concern:
I am writing this letter to voice my concerns over the rezoning of PID No. 55062269 and PID No. 00042036
1 because I feel the proposed development 2 could negati,.,ely impact the community.
I understand the important tax revenue and services this facility could prm,ide to the city. However, I feel
the letter by J. Kliffer did not substantially address the potential negative impacts it could also have on local
residents, and opted only to mentioned the potential — but undetermined — addition of a cafe, pharamaey,
et.c•. The "undeveloped" and "vacmit" lots comprise of forest /wetland flora and fauna, v:hich indirectly
enhance the aesthetic of central 14lillidgeville, providing a contrast to other commercial developments in the
area. My primary concerns with the Shannex proposal are:
Clear cutting and removal of approximately 15 acres of natural habitat.
The width and composition of the 'buffer zone" surrounding the Shannex property.
Light and noise pollution from regular operation of the facility once developed.
The duration of the construction phase and associated disruptions.
The potential impacts of the storm water pond on adjacent properties.
The decision to rezone the land for a major institution should be made with all these concerns in mind, as
the decision will drastically and irreversibly change the local environment. Until further details about the
Shannex development are released, I remain against the rezoning of the said parcels.
Sincerely,
Andrew Ringeri
B.Sc.Eng., Ph.D. Candidate
ITaylor, 1 2013, RE: 700 Millidge Avenue, Proposed Municipal Plan and Zoning By -Law Amendments
2Klilrer, 1 2013. Proposed Municipal Plan .lmendmenL, Rezoning and Variances 700 Millidge Avcrule
201
TO 144 Woodhaven Drive
V0 �- Saint John, NB
E2K 4N6
May 20", 2013
Planning Advisory Committee
City of Saint John: Planning and Development
P.O. Box 1971
Saint John, NB
E2L 4L 1
To Whom It May Concern:
�r 11
L
I am opposed to the rezoning proposal for the Shannex development in Milledgeville. My fiancd and I
recently moved into our first home at 144 Woodhaven, which directly backs onto the proposed
rezoning site. For our first home, this is a great affordable option where we could enjoy nature, while
being able to walk to the university and hospital. We have a lovely fenced in backyard that overlooks
the forest, and wetlands. As a medical student I spend the majority of my time studying and looking out
my back window onto this beautiful green space in Milledgeville that I proudly call my home (see
picture attached). As young professionals, we decided to move back to Saint John partially to take
advantage of the peace and quiet that can be found here. The green space also protects us from the light
and noise pollution from the fast food restaurants, gas station, and traffic on Milledge Avenue. The
variety of birds in this area is astounding, and can be heard all day and night. Milledgeville has
provided us with a convenient and quiet place to live.
I do want to sound too emotional, but since I have heard about the proposed plans, I have not stopped
being very disturbed with the thought that this forest could be taken away from me and my community
in such as dramatic way. I think that it is important that the feelings of the residents align with the
future grow of Milledgeville. My biggest opposition is the magnitude of the project that is being
proposed, and the effects this would have on my life and the community. A Shannex development of
thiviiagnitude should not located in the centre of a community. The entire remaining forest will be
completely cleared and declared as "Shannex ". The quietness, privacy and simple joy I receive every
day from this land will be destroyed. For everyone in this community, this green space provides a
natural backdrop, adding to the overall appeal that I believe most people choose to live in Milledgeville
for. This community is a place people come to in order to enjoy their property and beauty the area
offers. I think it is important to try to understand the drastic contrast from now to what it would be like
if this proposal were to be accepted.
The plans show absolutely no conservation of any natural environment. The entire property will be
wiped out and replaced with buildings and grass. This massive plot of land is only meters from our
house which would include five large buildings, parking lots, etc. The visual and noise disturbance will
greatly effect nearby residents. Instead of seeing a beautiful mature forest, our view will instead consist
of the Shannex complex, Milledge Avenue, Irving gas station, the back of the hockey arena, and fast
food restaurants. The visual impact of that on our community would be huge. I know that a lot of the
lights on the new buildings and property will have to remain on at all times. Also, the loss of the trees
and wetland will also mean a major reduction in damping of the traffic and noises incurred in this new
202
development as well as the Irving, fast food restaurants, and area. I also worry about the water
drainage. The current wetland area is often full of water; it acts as a natural reservoir. Our house is laid
at a slight elevation just a couple of feet from where the water rises on the marsh. I worry that the
water will not be drained safely away from the houses on Woodhaven. Furthermore, the amount of wild
life in this area is incredible, and perhaps not truly appreciated unless you live here.
Being a prior registered nurse, and now medical student in this community, I truly do understand the
need for appropriate housing for those in need of assistance. Government and private industry need to
find the funds to allow for these people an adequate place to live while also freeing up unnecessary
long term care beds in our hospitals. I also understand the quick economic value to the city this project
will have. However, as a resident, I also am really concerned about the well -being of our community.
I ask that you please not approve these plans. It is obvious that council is concerned about similar
issues that are outlined above by seeing past concerns raised during other rezoning proposals. I ask that
you please do not let the economic value get in the way of seeing the long term effect on the
community. In accepting this proposal, you will contribute to the destruction of the beauty and feel of a
small residential community that is so valuable to Milledgeville. I would agree to a compromise and
allow for the use of the land that has already been cleared on Milledge Avenue to be used for a Shannex
building. However, to build a 5 building complex, completing clearing a huge property directly in the
centre of Milledgeville is not right.
To conclude, the well -being of the residents and community of Milledgeville will be greatly affected.
Please do not approve the rezoning proposal.
Thank you,
Tara Jennings BNSc, BSc, MD Candidate 2016
tr592836 dal.ca
506 -214 -3520
203
204
May 22, 2013
MAY 2
To: Members of Planning Advisory Committee — City of Saint John �' 2 2013
Re: Proposed Municipal Plan Amendment and Rezoning 700 Millidgc\%Venue
My name is William Butler. I live at 22 Trinity Close and my wife and I have owned tli
since purchasing a lot in 1980, and have lived there since building a house in 1983.
I oppose the proposed Municipal Plan Amendments and Rezoning. This response follows
receipt of the Report to the PAC dated May 12, 2013. Please consider along with my letter to
Common Council of April 8, 2013 and the letter to PAC of May 15, 2013 (prior to staff report).
The Shannex proposal is an excellent one and would be an asset for Saint John, if located in the
proper setting. Unfortunately, I believe the proposed site to be the wrong one. This is
supported by a statement in PlanSJ that the lands are not suited for development.
The proposed site is a wetland. It easily satisfies the definition of a wetland contained in PlanSJ:
Wetland: as defined under the New Brunswick Clean Water Act, land that:
(a) Either periodically or permanently, has a water table at, near or above the
Land's surface or is saturated with water, and
(b) Sustains aquatic process as indicated by the presence of hydric soils,
hydrophilic vegetation and biological activities adapted to wetlands.
Policy Variances from Municipal Plans
The following has been extracted directly from PlanSJ, the Saint John Municipal Plan.
1.5 Legislative Basis of the Municipal Plan (PlanSJ)
"The Municipal Plan has been prepared in accordance with the New Brunswick Community
Planning Act, RSNB 1973, c. C -12 (the CPA). The CPA empowers Council to create a Municipal
Plan to guide land use decisions within their jurisdiction. Although the Municipal Plan does not
commit the City or the Government of New Brunswick to undertake any of the policies or
proposals set out therein, it does preclude the undertaking of any development that is
inconsistent or at variance with any policy or proposal contained therein. Through the policy
statements in the Municipal Plan, Council is proposing a range of actions to implement the
PlanSJ Vision and Directions."
The NB Community Planning Act precludes the undertaking of any development that is
inconsistent or at variance with any _policy or proposal contained in the Municipal Plan. It is my
opinion that the proposed development is in variance with several policies and the general
direction of the Plan. (See Appendix 1)
205
Staff Report to PAC
Staff has prepared a very comprehensive report for PAC. I do not agree that the conclusions in
the report are adequately support proposed Municipal Plan Amendments and Re- zoning. In
contrast the proposed development is inconsistent in several respects with the policies, goals,
direction and intent of the Municipal Plan.
I will highlight various sections of the report where I have concerns or where I have a different
opinion:
4. d)
Staff Report
Adequate on -site and off -site site drainage facilities, including the required
drainage swale, wetland and storm water management pond, must be
provided by the developer in accordance with a detailed drainage plan,
prepared by the developer and subject to the approval of the Chief City
Engineer or his designate.
Response:
The above requirement does not provide sufficient protection for downstream or neighbouring
properties.
Stormwater management on the site is very critical; for the site, for the neighbouring
properties and for downstream properties that have been subject to stormwater flooding.
There is not sufficient detail in the proposed development plan to allow for objective
comments. The site drawing shows a small pond with a meandering stream draining it,
complete with a fountain.
The final page of the report shows the detention pond area to be 33 acres (about 1.5 ha).
There is no detail. Is it the intent to build the pond right to the boundary line with adjoining
properties? Will the pond be fenced and sloped? Will there be a buffer area between the pond
and residential properties? What is the depth of the pond, will it be 2 feet or 6 feet deep?
I ask these questions because they are critical. The area and depth of the pond are the critical
components in determining the capacity of stormwater detention of the pond, CBCL has
estimated that current volume of stormwater detention on the site is 2,000 cubic metres. This
will certainly be reduced (without a pond) as the site is developed with buildings, paved roads,
parking lots and walkways. In the Millidgeville Stormwater report CBCL has estimated that the
overall has potential for 13,000 cubic metres. It was recommended to construct a detention
pond on the site for this capacity to help alleviate the downstream flooding problems. Will this
be an opportunity lost to the City?
I request that the area residents have an opportunity to review any plans for a detention pond
before they are approved. The current residents have a greater interest in the outcome than
anyone else and should be able to voice their approval or concerns.
2
206
4. h].
Staff Report
Mainline power into the site, where appropriate and subject to Development
Officer Approval, will be by pole extensions and in a manner to minimise the
total number of poles onsite.
Response
am not sure what this means. Will the development have underground power?
5.
Staff Report
That the Planning Advisory Committee grants the following variances from the
requirements of the Zoning By -law that would:
• reduce the minimum required front yard setback on Millidge Avenue from
15 metres to approximately two metres;
• increase the number of accesses on Millidge Avenue from two two -way
accesses to two two -way accesses and a pair of one -way accesses;
Response
It is my opinion that these two variances are connected. Ideally there should only be two, two -
way accesses from Millidge Avenue and these could be connected on site in front of the
building, thus eliminating the need for the pair of one -way accesses. If the building was set
back to zoning standard this could easily happen. i recommend these two variances be denied.
Staff Report
The developer's engineering consultant must submit detailed stormwater
management plans and design brief indicating how the stormwater for this site
will be handled to the City for review and approval. The analysis must also
take into account any stormwater flows that currently enter onto the property
from adjacent developments. A detailed design of the required stormwater
pond and drainage swale must be submitted to the City for review and
approval by the developer's engineering consultant.
Response
The City has a Millidgeville stormwater Plan prepared by CBCL Limited. The site is a suitable
one for stormwater detention to help alleviate downstream flooding. Any stormwater pond and
drainage swales should take into consideration the above plan. The developer should be
required to reimburse any costs the City may have in getting CBCL to review the developers
plans.
3
207
Staff Report
The proposed development is not permitted under the current Park and Natural
Area and Urban Reserve designations nor is it permitted in the existing "'R-1A"
One Family Residential zone. Because the existing land use designations for the
site do not contemplate a major community facility, the application is subject
to a Plan amendment and a rezoning.
Amendments to the Municipal Plan, especially when involving the
redesignation of Urban Reserve lands, should be considered closely as the
development of these lands is generally considered to be outside the lifespan of
the Plan_ and reserved for future use.
The Plan discourages amending the Future Land Use map unless the bene its
clearly outweigh any perceived or real negative impacts that would result from
the proposed change. The Plan is a visionary document that sets the direction
for growth and development for the entire community in a manner that
enhances the quality of life for residents of the community, which includes
ensuring a wide variety of housing and specialised care options are available to
the local population. The direction established by the Plan should not be
altered unless the proposed change presents undeniable benefits to the
broader community. The criteria listed above are discussed in the analysis of
the current proposal.
Response
The statements underlined above do not support the proposed plan amendment and rezoning
after analysis of the proposal,
Staff Report
The proposed development is not permitted under the current Park and Natural
Area and Urban Reserve designations, nor is it permitted in the existing "R -IA"
One Family Residential zone.
The Municipal Plan offers general language cautioning against making
unnecessary amendments to Future Land Use designations of Schedule B.
Policy LU -4 urges Common Council to consider amending the Plan only when
the following considerations are addressed in the proposal:
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Response (follows statement in parenthesis)
a. Is consistent with the general intent of the Municipal Plan and further
advances the City Structure, (Proposed amendments are inconsistent with
intent and policies of plan)
b. is necessary by virtue of a lack of supply of quality land already designated in
the Municipal Plan to accommodate the development; (this has not be stated or
demonstrated)
c. Enhances the community and the quality of life offered to residents of the City;
(proposal may be good for overall community but has potential to be harmful to
local neighbours)
d. Efficiently uses available infrastructure, (unless carefully designed and
maintained the stormwater pond and drainage from the site could add to the
current stormwater problems in Millidgeville)
e. Does not negatively impact the use and enjoyment of adjacent lands and
neighbourhoods; (this is not assured, too many ifs, building height, entrances,
pond)
f. Is an appropriate use within the land use designation being sought for the
property, and the proposal is consistent with the specific policies regulating
development in the designation; and
g. Adequately addresses and mitigates any significant environmental impacts.
(impact on stormwater system not addressed in sufficient detail)
Plan Amendment Rationale
Staff provides the following rationale for supporting the plan amendment and zoning change:
• An amendment to the Plan to permit a seniors' living complex that offers a wide
variety of specialised care fulfills the intent of the Municipal Plan in a number of ways.
Policy HS -17 of the Plan states that Council shall "encourage the provision of housing
for people with special needs, including senior citizens ... to integrate into appropriate
residential areas of the City, in close proximity to major transit routes, community
facilities and needed services." The proposed Shannex complex provides quality living
conditions for seniors with very specific care requirements, ranging from highly
specialised care facilities to standard independent rental units for seniors. The subject
site has the advantage of being inside the PDA, next to an intensification Area, in the
middle of a residential community, near the Regional Hospital and on a highly -
serviced transit corridor.
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• The proposed development is addressing a housing and assisted living need for seniors
that the aging demographic of Saint John will experience a greater demand for over
the next twenty years. According to Statistics Canada data, the bulk of Saint John's
population is within the 45 to 65 age cohort, which will impact housing needs for this
population as they move through their senior years.
• it should be noted that in addition to the above factors, the proposed development
would also be infilling vacant land on an existing "primary" corridor, which is
supported by the Municipal Plan.
• The size and layout of the Shannex development requires a significant amount of
space in order to implement their "continuum of care" philosophy in a campus -style
community arrangement. The lot size and location of the subject site appear ideal for
the unique demands of such a development, and complement the existing land use
mix in this area of the City.
For these reasons, staff are of the opinion that the criteria for amending the Municipal Plan
are met.
Response to Staff Rationale
The rationale for amending the Plan and Zoning primary deals with only with housing matters
from the Plan. It does not take into consideration other aspects of the Municipal Plan - that the
intent, direction and policies of the Plan support protection of the natural environment,
protection of wetlands, using natural eco- system to control stormwater flows, and that any
change to the Urban Reserve and Park and Natural Areas land use designations must be
compelling in a manner that addresses the benefits of the greater community in a variety of
ways.
Any plan /zoning change must also look beyond the greater community and consider the
potential impact of the proposed change on neighbouring properties. The rationale provided
considered that the greater community would benefit from a seniors' living complex. From a
neighbours standpoint a critical component that was not addressed is the potential to use the
land to reduce downstream flooding, a problem recognized in PIanSJ and in the Millidgeville
Stormwater Plan. The rationale should not benefit one group of citizens (the greater
community) at the detriment of others.
1 Statistics Canada. 2012. Focus on Geography Series, 2011 Census. Statistics Canada Catalogue no. 98-310 -
XWE2011004. Ottawa, Ontario. Analytical products, 2011 Census. Last updated October 24, 2012.
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The Plan suggests that the following criteria be evaluated when considering a Plan Amendment:
a. Studies demonstrating that the proposed development will have significant
long term benefit for the City and that the proposed development does not
place an undue fiscal burden on the City or have a detrimental impact on the
natural environment;
b. The proposed development fulfills other key goals of the Municipal Plan; and
c. Appropriate opportunities are provided for public input into the consideration
of such amendments to the Municipal Plan.
The proposed development will destroy a natural environment — a wetland. This is clearly
detrimental and directly in opposition to the intent and policies of the Municipal Plan. If the
development is approved the opportunity to restore a parcel of the wetland will be lost. See
Appendix II: Saint John Wetland Restoration Inventory
Staff Report
The parcel of land with PID number 55062269 contains the Urban Reserve
designation. The Plan describes Urban Reserve lands as being lands found
"inside the Primary Development Area and are being reserved for future
serviced residential development as they are not needed to accommodate the
anticipated growth in population or employment over the planning period ".
The subject site is a logical extension of the Suburban Intensification Area
being situated near a prominent intersection in the Millidgeville
neighbourhood. The land was originally designated Urban Reserve to recognise
the ecological challenges of developing the site.
The remainder of the subject site P1D 00042036 owned by the City, is found in
the Park and Natural Areas designation. The Municipal Plan defines lands
within this designation as lands that "are currently in a primarily natural state
or would benefit from re- naturalization and are not appropriate locations for
development. Park and Natural Areas include wooded lands, lakeshores, rivers,
coastlines, and important geology and habitat'. The Plan goes on to suggest
that developing these lands is generally not appropriate as they are intended
for conservation purposes.
Response
The statements in the two paragraphs above are clear: PlanSJ "recognizes the ecological
challenges of developing" the Urban Reserve site and the City property in the Parks and Natural
Areas designation lands are "currently in a primarily natural state or would benefit from re-
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naturalization and are not appropriate locations for development. The Plan goes on to suggest
that developing these lands is generally not appropriate as they are intended for conservation
purposes.
By Order of Common Council on September 24, 2012, approximately 1.5 ha of the above site
(PID 00042035), was approved for registration on the Department of Environment Wetland
Restoration Inventory, The City was participating in a pilot project with the Province of New
Brunswick to create a wetland inventory database consisting of prioritized wetland sites with
high restoration potential whose function /area will also incorporate the needs of the
surrounding urban landscape (e.g. flood storage potential, et cetera). This decision of Council is
fully in compliance with policies of the Municipal Plan.
The Plan discourages amending the Future Land Use map unless the benefits clearly outweigh
any perceived or real negative impacts that would result from the proposed change.
The direction established by the Plan should not be altered unless the proposed change
presents undeniable benefits to the broader community.
Considering the above I do not believe that establishing a seniors' complex that would benefit
the greater community is compelling enough to support a Plan and Zoning change.
Proposed Rezoning
The Municipal Plan supports a Plan amendment and rezoning of a property to Major
Community Facility provided to the following requirements can be demonstrated, Staff
believes that the proposed development can adequately comply with the below requirements.
Response (in parenthesis):
a. The proposed land use is desirable and contributes positively to the
neighbourhood; (the land is not suitable for development, PlanSJ)
b. The proposal is compatible with surrounding land uses; (the surrounding land
uses are single family homes to the north and east. On the south are an arena,
an apartment building, and a restaurant building, and to the west is Millidge
Avenue. The majority of the neighbouring properties are single family
residential, thus the proposed development is not compatible with surrounding
land uses).
c. The development is in a location where all necessary water and wastewater
services, protective services, and appropriate transportation infrastructure
including public transit can be provided; (the stormwater detention and affect
on downstream users is a major concern).
d. Site design features that address such matters as safe access, buffering and
landscaping, site grading and stormwater management are incorporated; (the
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applicant has requested variances to make the site compatible. The requested
setback reduction and third access are not supported).
e. A high quality exterior building design is provided that is consistent with the
Urban Design Principles in the Municipal Plan; and
f. Public transit and active transportation links are provided to and from other
key destinations."
Staff Report
In addition to satisfying these requirements, the proposed development, if
approved, would arguably enhance the community and quality of life to City
residents as it provides a niche housing style for seniors of the community who
wish to age in place. That is, the continuum of care provided by the proposed
Shannex will allow seniors to remain in the complex for as long as they wish,
regardless of the increased requirements their state of physical or mental
health may demand.
Response
The rationale for the rezoning only focuses on the seniors' complex and none of the other issues.
In an earlier report I made the following comments regarding zoning:
One important purpose of zoning is to protect or maintain property values, Zoning can
protect the value of property by assuring that incompatible uses will be kept apart.
Zoning can keep factories out of residential areas (which could lower the value of homes
in the immediate vicinity), as well as keep residential developments from locating in
industrial areas.
• Zoning also provides for more orderly development. Regulations pertaining to lot size,
set back lines, building height, and population density can make areas more attractive.
With enforced zoning, local residents can be ensured that poor development will not
occur.
In the present case, if the land in question is rezoned to IL -2 from R1 -A can assurances be
provided that the neighbouring properties will maintain their value? This is one of the purposes
of zoning - to protect or maintain property values, by assuring that incompatible uses will be
kept apart.
In layman's terms, to an individual property owner, to a potential developer or to a buyer,
zoning is akin to a promise, a promise that the surrounding lands will be developed in
accordance with the standards established for that particular zoning. There should be very
compelling reasons or overwhelming support from neighbouring property owners to break this
promise. For the existing property owners of Trinity Close, Woodhaven Drive and the Stanley
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Gardens area the promise has always been that the land in question would be developed in
accordance with the R1 -A zone; namely single family residential properties.
For the above reasons and the fact that the land is not suited for development, I do not support
the rezoning request.
Conclusion:
The proposed Shannex development is an excellent one. It would definitely be an asset for Saint
John, if located in the right area. The proposed site is one that has been identified as being
"not suitable for development." What has changed to the site to now make it suitable for
development?
I ask the PAC to follow one of the directions in PlanS1 that is, "stick to the plan" and recommend
to Council that although the development is very worthwhile it has been proposed for the
wrong site. If appropriate, the PAC might consider recommending to Council that staff work
with the developer to identify a suitable location that complies with PlanSJ.
On the matter of the requested variances, I ask that PAC deny the setback request and the
request to have a third entrance. The proposed 6 story building would overwhelm the site. The
highest building at Shannex, Parkland in Quispamsis is only 4 stories.
Respectfully submitted,
William Butler
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Appendix I
The following policies contained in the Municipal Plan (PIanSJ) are relevant to the proposed
Municipal Plan Amendment and Rezoning requested for 700 Millidge Ave.
Note that the bold print denotes areas of the proposed development that appear to be
inconsistent or at variance with the Plan or where the condition has not be adequately
addressed in the application or through the staff report.
All policies are to be read with Council shall:
Policy LU -4 Not consider changing the designation of lands on the Future Land Use map
(Schedule B) through a Municipal Plan amendment, unless the proposal:
a. is consistent with the general intent of the Municipal Plan and further advances the City
Structure;
b. is necessary by virtue of a lack of supply of quality land already designated in the Municipal
Plan to accommodate the development;
c. enhances the community and the quality of life offered to residents of the City;
d. Efficiently uses available infrastructure;
e. Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods;
f. Is an appropriate use within the land use designation being sought for the property, and the
proposal is consistent with the specific policies regulating development in the designation; and
g. Adequately addresses and mitigates any significant environmental impacts.
Policy NE -11 Protect environmentally sensitive areas, including watercourses and wetlands,
riparian areas, and floodplains and appropriately restrict development near these features.
Policy MS -4 Require the developer to confirm there is adequate capacity in municipal
infrastructure to accommodate the proposed development.
Stormwater
The City's stormwater system collects and carries stormwater from developed areas to various
watercourses, where it is discharged. PIanSJ states: "Over the course of the last several years
the City has experienced several significant storms and rainfall events which have had a
negative impact on several developed areas, particularly those in lower lying areas. Stormwater
management practices and capacities are priorities for the City to protect development and to
permit growth to take place in appropriate locations as identified in the Municipal Plan."
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Policy MS -26 Continue to make improvements to the storm sewer system on a watershed by
watershed basis to protect the natural environment and existing properties and to alleviate
flooding during peak rainfall events.
Policy MS -29 Require that stormwater impacts are considered when development is
reviewed and approved and techniques such as `low impact design' and natural stormwater
management approaches are used where appropriate.
Policy MS -33 Require the developer to review and report on the downstream effect on the
stormwater system to the system outlet in the design of new developments, in order to build
system capacity.
12.2 Governance Framework for Decision Making
The Municipal Plan is the principle guiding document providing a regulatory framework for
development and investment in the City. It builds on Our Saint John Community Vision (2007)
and the Integrated Community Sustainability Plan (2008), embedding many of the principles of
these plans in a statutory framework for development. The Municipal Plan will be implemented
through various bylaws, including a new Zoning Bylaw and Subdivision Bylaw.
Where there is a conflict between any provision in either the Zoning Bylaw or the Subdivision
Bylaw, the Municipal Plan prevails.
12.3 Development Approvals
Council shall:
Policy 1 -2 In considering amendments to the Zoning Bylaw or the imposition of terms and
conditions, in addition to all other criteria set out in the various policies of the Municipal
Plan, have regard for the following:
a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and
the requirements of all City bylaws;
b. The proposal is not premature or inappropriate by reason of:
i. Financial inability of the City to absorb costs related to development and ensure efficient
delivery of services, as determined through Policy 1 -7 and 1 -8;
ii. The adequacy of central wastewater or water services and storm drainage measures;
d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions,
locations of watercourses, wetlands and susceptibility of flooding as well as any other
relevant environmental consideration;
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APPENDIX II
Saint John Wetland Restoration Inventory
Since 2011 the City of Saint John, the Department of Environment, in conjunction with the
Atlantic Coastal Action Plan — Saint John (ACAP), have been working together to produce an
inventory of wetlands that would benefit from area and /or function restoration, while also
improving wetland integration into the surrounding urban environment. This project is on-
going.
The objective was to review existing available wetland data to identify potential site selection
and assessing their suitability based on selected criteria. On -site visits were conducted to
evaluate each site's suitability and functionality to determine if /how restoration measures
would benefit the wetland and surrounding environment. In lieu of conducting formal wetland
delineation, a field data sheet was completed during each site visit to determine the severity of
the impacted wetlands and to identify the best option for restoration.
The goal is to now create a wetland inventory database consisting of prioritized wetland sites
with high restoration potential whose function /area will also incorporate the needs of the
surrounding urban landscape (e.g. flood storage potential, et cetera).
One of the areas identified for potential restoration is a portion of City of Saint John property
(PID 00042036), and is adjacent to the Gorman Arena.
Description of Existing Environment and Location:
This site is located on PID 00042036 in a commercial /residential area and owned by the City of
Saint John. The disturbed wetland area is approximately 1.5 ha in size. Currently, the area is a
grassy field with a couple of small wet pockets that are supporting the growth of hydrophytic
vegetation. The topography of the site is relatively flat with sloping sides perhaps from fill being
deposited in the past. The potential site does have a gradual slope from north to south as
evidenced from the ponding of water along the southern edge. The site is bounded by
commercial development on the west and residential development along the east and south.
The northern edge is bordered by a natural forested wetland giving it a great buffer on that
side. It was noted that there has previously been a wetland delineation done on this site due to
delineation tape being observed along the edge of the site.
Hydrological disturbances are not evident, but there is an unknown concrete structure on the
potential site that needs to be investigated further. Drainage from the site appears to go north
to south as mentioned above. Standing water was noted on the site and it appears to have
saturated areas yearlong.
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Due to the history of this site (agricultural, urban development) and the developed nature of
the surrounding areas there is little in the way of undisturbed vegetation. The majority of the
natural vegetation is limited to the north end of the site in the natural wetland. This would
provide a sufficient seed bank for future potential restoration efforts.
Some constraints when considering potential restoration efforts could be underground
infrastructure. It has been noted that there is interest in -restoring this wetland in such a
manner that it could be value added by providing a winter outdoor recreational area (e
skating rink). The benefits from restoration are flood storage capacity, increased habitat, social
recreational, educational and aesthetics.
Wildlife species noted on site: waterfowl, amphibians.
By Order of Common Council on September 24, 2012, the approximately 1.5 ha of the above
site (PID 00042036), along with three other Saint John sites, was approved for registration on
the Department of Environment Wetland Restoration Inventory.
Source of Information: ACAP Saint John
1.4
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I l
Saint John, May 15, 2013
Dear members of the Planning Advisory Committee,
The purpose of my letter is to express my opposition to the Proposed Municipal Plan Amendment 700
Millidge Avenue.
1. The land behind my property is a marsh and has always been considered as such, even though
for unknown reasons it has never officially been registered as a marsh with the appropriate
provincial authorities. This is in fact what reassured us when we purchased our property in 2007.
Real estate agents and everyone else we spoke to assured us that we would never have
neighbours behind our home because the ground is indeed marshy. I have good reason to
believe that a building project, particularly Shannex RCL Limited's project with buildings that are
too high for the area, would decrease my property's resale value and potential. It already takes
an extremely long time to sell a house in this area, and I do not need a mammoth of a building
behind my home to make things worse.
The Shannex project, as proposed, currently deprives me of my right of enjoyment of my
property. My house mainly faces south. The entire south - facing side, i.e. over 50% of my
windows, overlooks the marsh. This project, with its three -, four- and six -story buildings that are
not in line with adjacent residences, will block my view and partially deprive me of my privacy. I
would also like to point out an error in Shannex's proposal. In their proposal, they indicated a
five -story building, whereas their drawings depict six stories.
2. 1 am also opposed to the project because the land (700 Millidge Avenue) already has enormous
drainage problems and a high risk potential (I have already sent several emails to the Mayor, City
Manager and municipal engineers to remind them of this issue). From what I know and
understand about the situation since 2007 when 1 purchased my property, the storm sewers on
Reed Street overflow quickly. During big storms when the Reed drainage system overflows, the
water spills into the marshland at 700 Millidge Avenue. Water accumulates there, and since
work was carried out last year to prepare for the housing development, the water has formed an
enormous lake (see video). In short, the water table is very high in my area, and I have
submersible pumps continuously operating in my basement. My house also flooded in 2003, and
again in 2009. If such a development is constructed on the land at 700 Millidge Avenue, the
project will need to be scrupulously monitored. City authorities will also need to ensure that all
the water that was previously absorbed by the peat 1) will not remain stagnant in a pond where
mosquitoes will proliferate and that will overflow after the first big rain; and 2) will be
discharged far from properties on Trinity Close in such a way that prevents groundwater flow
and discharges all surface and underground water into a new storm sewer system that can
manage an enormous amount of water. However, City engineers have confirmed to me in
writing that no work is planned in the next five years to improve pipes in the Reed Street area.
You will also receive a video depicting the land's serious flood potential now that the absorbent
material has been removed. As I understand it, if nothing changes, Shannex will construct a
multiple- building complex on waterlogged land, and that water will spill out like it does when
you put an ice cube into a full glass of water. In my opinion, you will therefore face several
lawsuits against the City and Shannex from citizens in the area who will have to deal with water
damage. Consider yourself warned!
219
I do not want problems like those on Brentwood Crescent, where the City had to construct
another pipeline at great expense to solve residents' recurring flooding and rainwater backup
problems. After Glenn Falls, the McAllister area and Brentwood Crescent, City authorities should
now be preventing rather than solving problems and thereby avoid incurring needless costs.
3. 1 am also opposed to the project because I find that the City is once again going against its
citizens' wishes and its own rules. PIanSJ —which cost the City thousands (and I hope not
millions) of dollars, took years to implement and sought Saint John citizens' active
participation — demonstrates that the City does not keep its promises and often pays heavily for
something to ultimately ignore it or do the opposite of what they were initially going to do. It is
no surprise that the City is on the brink of bankruptcy! In short, PIanSJ designated 700 Millidge
Avenue Urban Reserve land. By approving the Shannex project, you would therefore be scoffing
at citizens' opinions and going against the steps they have taken to give priority to those who
were here first. This would compromise the very integrity of PlanSJ.
4. In addition, if the project goes ahead, the number of stories in the buildings should all be
reduced by half (five to two- and -a -half, four to two, etc.), or higher building should be erected
where such buildings are already present, i.e. close to University Avenue around the Anchorage
apartments. Why bother single - family homeowners on Reed Street or Trinity Close, where
zoning is residential anyway, when a major street like University Avenue would be ideal for this
type of project? In another vein, there is already is a serious traffic problem because of the Tim
Horton's on University Avenue. Several accidents occur because careless drivers venture onto
the road or cut off traffic lanes in the opposite direction. As a result, adding an entrance to the
Shannex complex a few metres away would be suicide. Instead, the entrance should be placed
by the arena parking lot, and even there the slope would lead to visibility problems. in short, this
problem needs to be studied to create an adequate intersection in this busy area, where vehicles
sometimes travel at very high speeds.
For all these reasons, I am asking the Planning Advisory Committee to refuse this project and ask
Shannex to go back to the drawing board. Better still, the City should turn the marsh into an urban park,
like Mud Lake in Quispamsis.
Eric Kennedy and Caroline Brunelle
18 Trinity Close
Note: I would like to receive service in French at the May 22 session. Thank you.
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Lockhart, Lynda
From: External - Planning
Sent: May-23-13 8:44 AM
To: Lockhart, Lynda; Kliffer, Jody
Subject: FW: Rezoning - 700 Millidge Ave
From: Bill & Donna Hawco [mailto:hawcowf(&nbnet.nb.ca1
Sent: May-22-13 8:32 PM
To: External - Planning
Subject: FW: Rezoning - 700 Millidge Ave
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From: Bill & Donna Hawco [rnailto:hawcowf(d)nbnet.nb.ca]
Sent: May 22, 2013 1:20 PM
To: 'planning@sanqohn.ca'
Subject: Rezoning - 700 Millidge Ave
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221
June 3, 2013
Mayor Mel Norton
And Members of Common Council
City of Saint John,
P.O. Box 1971
Saint John, NB E21- 4L1
Your Worship Mayor Norton and Members of Council,
Subiect: Proposed Municipal Plan Amendment 700 Millidee Avenue
I am opposed to the Proposed Municipal Plan Amendment and Rezoning for 700 Millidge
Avenue. The majority of the subject area is owned by the City of Saint John and is designated
on the Municipal Plan Future Land Use map as Park and Natural Areas. Further, PIanSJ states
that such lands are intended to form a system of natural areas to help conserve natural
ecosystems: "Park and Natural Areas are currently in a primary natural state or would benefit
from re- naturalization and are not appropriate locations for development." (PIanSJ 2.5) The
City's own Municipal Plan — PIanSJ is the strongest argument against this proposed
development.
The proposed development by Shannex is an excellent project and would be an asset for the
City. My major difficulty with the proposed development is that it is planned for a location that
is unsuitable.
I request that Council consider the following:
1) The Land is a Wetland
The land in question is a wetland. It is not listed on the provincial wetland mapping; however, it
fully meets the definition of a wetland in the Municipal Plan:
Wetland: as defined under the New Brunswick Clean Water Act, land that:
(a) Either periodically or permanently, has a water table at, near or above the
Land's surface or is saturated with water, and
(b) Sustains aquatic process as indicated by the presence of hydric soils,
hydrophilic vegetation and biological activities adapted to wetlands.
222
As further evidence of the land being a wetland, By Order of Common Council on September
24, 2012, approximately 1.5 ha of the above site (PID 00042036), was approved for registration
on the Department of Environment Wetland Restoration Inventory. This inventory is a registry
of degraded wetlands that are suited for restoration.
2) Legislative Basis of the Municipal Plan (PIanSJ, 1.5)
The following has been extracted directly from PIanSJ, the Saint John Municipal Plan:
"The Municipal Plan has been prepared in accordance with the New Brunswick Community
Planning Act, RSNB 1973, c. C -12 (the CPA). The CPA empowers Council to create a Municipal
Plan to guide land use decisions within their jurisdiction. Although the Municipal Plan does not
commit the City or the Government of New Brunswick to undertake any of the policies or
proposals set out therein, it does preclude the undertaking of any development that is
inconsistent or at variance with any policy or proposal contained therein. Through the policy
statements in the Municipal Plan, Council is proposing a range of actions to implement the
PIanSJ Vision and Directions."
The NB Community Planning Act precludes the undertaking of any development that is
inconsistent or at variance with any policy or proposal contained in the Municipal Plan. It is my
opinion that the proposed development is in variance with several policies and the general
direction of the Plan. One such policy is quite explicit:
"Council shall:
Protect environmentally sensitive areas, including watercourses and wetlands, riparian areas,
and floodplains and appropriately restrict development near these features." (Policy NE -11)
I have provided a list of other policies where I think the proposed development is at variance to
the Municipal Plan in Appendix I.
I do not understand how this development can be approved on this wetland as the
development is at variance with several of the policies and the general direction of PIanSJ.
3) Details on the Stormwater Detention Pond Are Not Available
At the PAC meeting of May 22, Mr. Jason Shannon, President and COO Shannex Incorporated
stated that the design and construction of the stormwater detention pond was the most
challenging aspect of the development. In the application for a plan amendment and rezoning
considerable detail was provided for each of the buildings including the dimensioned
architectural drawings of each building and the overall site plan.
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223
The representatives of Shannex stated several times that the detention pond was not yet
designed, so they were unable to answer specific questions about the pond, such as slope of
sides, depth, area, exact location, etc. All that exists in the application is a sketch showing the
general area of the pond with no details.
The stormwater pond is the component of this development that will have the greatest impact
on adioining residential properties located along the northern and eastern Prooerty lines and
upon the downstream storm sewer system. There is no information on any buffering zone
between the residential property lines and the pond; if the pond will be fenced; whether it will
always have standing water or only retain water during storm periods. At the northwest corner
of the property is the only visible outcrop of rock on the site. This is a natural buffer between
several of the residential properties and the proposed development. Will the pond design
require that this rock be removed by blasting or otherwise? These are matters important to the
residents that they should be able to address after viewing the final pond design.
It does not appear to be fair that the only input that neighbours can have on the pond is at a
public hearing, where there are no details. There must be opportunities for the neighbouring
property owners to have input on the pond design, during the design period and on the final
design once it is completed. This opportunity for review should occur before the development
is approved.
It is understood from the PAC meeting that the developer will undertake the design and
construction of the pond to the City specifications. Once completed the City will assume
ownership and maintenance of the pond. If I understood correctly, the City would over time
reimburse the developer the costs associated with the design and construction of the detention
pond.
I had requested a meeting with City staff to obtain additional detention pond details and
received the following email response: "no specific details of the preliminary design of the
pond will be released at this point in time." It is exactly specific details of the pond design that
neighbouring residents need at this time in order to respond to this the public hearing.
I am aware that CBCL completed a stormwater management plan for the Millidgeville Area, and
1 have obtained a redacted copy through the access to information policy. In the CBCL plan it
was contemplated to use the land in question to detain storm water over a very large area of
about 7 ha. The plan was to construct small berms and control structures and increase water
storage on the land from 2,000 cubic metres to 13,000 cubic metres. We were advised at the
PAC meeting that this same volume of water is to be retained in an area of about 1.5 ha. It is
not a stretch to estimate that the pond may have water depths exceeding 3 metres,
approximately 10 feet. However, without a pond design who knows?
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Since CBCL was the engineering firm that developed the Millidgeville Stormwater Plan, and
since the City will be the ultimate owner of the pond and be responsible for its operation I
believe it prudent that the City engage CBCL to design the detention pond and supervise its
construction.
4) Other Considerations
I have expressed other arguments and concerns about the proposed development in previous
correspondence to Council dated April 8; PAC dated May 15 and May 22. Listed in Appendix I
are policies from PlanSJ that I believe are at variance either in whole or in part with the
proposed development.
Summary:
It is my opinion that the proposed development for 700 Millidge Avenue is greatly inconsistent
and at variance with the general direction and several specific policies of the Municipal Plan
(By -Law C.P. 106, adopted January 2012).
Further, there is insufficient detail provided on the detention pond design, one of the most
important components of the proposed development that will impact adjacent properties and
the City stormwater system. Because of the lack of information, affected residents are not able
to provide constructive comment on this aspect of the proposed development.
Based upon these two critical factors the proposed plan amendment and rezoning for 700
Millidge Avenue should not receive approval.
(Submitted by email)
William Butler
22 Trinity Close
Saint John, NB E2K 4N9
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225
Appendix I
The following policies contained in the Municipal Plan (PlanSJ) are relevant to the proposed
Municipal Plan Amendment and Rezoning requested for 700 Millidge Ave.
Note: The bold print denotes areas of the proposed development that appear to be
inconsistent or at variance with the Plan or where the condition has not been adequately
addressed in the application or through the staff report.
All policies are to be read with Council shall:
Policy LU -4 Not consider changing the designation of lands on the Future Land Use map
(Schedule B) through a Municipal Plan amendment, unless the proposal:
a. is consistent with the general intent of the Municipal Plan and further advances the City
Structure;
b. is necessary by virtue of a lack of supply of quality land already designated in the Municipal
Plan to accommodate the development;
c. enhances the community and the quality of life offered to residents of the City;
d. Efficiently uses available infrastructure;
e. Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods;
f. Is an appropriate use within the land use designation being sought for the property, and the
proposal is consistent with the specific policies regulating development in the designation; and
g. Adequately addresses and mitigates any significant environmental impacts.
Policy NE -11 Protect environmentally sensitive areas, including watercourses and wetlands,
riparian areas, and floodplains and appropriately restrict development near these features.
Policy MS -4 Require the developer to confirm there is adequate capacity in municipal
infrastructure to accommodate the proposed development.
Stormwater
The City's stormwater system collects and carries stormwater from developed areas to various
watercourses, where it is discharged. PlanSJ states: "Over the course of the last several years
the City has experienced several significant storms and rainfall events which have had a
negative impact on several developed areas, particularly those in lower lying areas. Stormwater
management practices and capacities are priorities for the City to protect development and to
permit growth to take place in appropriate locations as identified in the Municipal Plan."
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226
Policy MS -26 Continue to make improvements to the storm sewer system on a watershed by
watershed basis to protect the natural environment and existing properties and to alleviate
flooding during peak rainfall events.
Policy MS -29 Require that stormwater impacts are considered when development is
reviewed and approved and techniques such as 'low impact design' and natural stormwater
management approaches are used where appropriate.
Policy MS -33 Require the developer to review and report on the downstream effect on the
stormwater system to the system outlet in the design of new developments, in order to build
system capacity.
12.2 Governance Framework for Decision Making
The Municipal Plan is the principle guiding document providing a regulatory framework for
development and investment in the City. It builds on Our Saint John Community Vision (2007)
and the Integrated Community Sustainability Plan (2008), embedding many of the principles of
these plans in a statutory framework for development. The Municipal Plan will be implemented
through various bylaws, including a new Zoning Bylaw and Subdivision Bylaw.
Where there is a conflict between any provision in either the Zoning Bylaw or the Subdivision
Bylaw, the Municipal Plan prevails.
12.3 Development Approvals
Council shall:
Policy 1 -2 In considering amendments to the Zoning Bylaw or the imposition of terms and
conditions, in addition to all other criteria set out in the various policies of the Municipal
Plan, have regard for the following:
a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and
the requirements of all City bylaws;
b. The proposal is not premature or inappropriate by reason of:
L Financial inability of the City to absorb costs related to development and ensure efficient
delivery of services, as determined through Policy 1 -7 and 1 -8;
ii. The adequacy of central wastewater or water services and storm drainage measures;
d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions,
locations of watercourses, wetlands and susceptibility of flooding as well as any other
relevant environmental consideration;
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Tibbits, Kell
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: Friday, May 31, 2013 9:59 AM
To: Tibbits, Kelly
Subject: FW: June 3rd Council meeting - Concerns about the proposed Municipal Plan Amendment at
700 Millidge Avenue
Kelly, We will need to add this to the records for Monday's agenda
From: Eric Kennedy [ mailto :eric_kennedy @hotmail.com]
Sent: May -29 -13 9:22 PM
To: External - CommonClerk; MacKenzie, John; Norton, Mel
Subject: June 3rd Council meeting - Concerns about the proposed Municipal Plan Amendment at 700 Millidge Avenue
June 3, 2013
Mayor Mel Norton
And Members of Common Council
City of Saint John,
P.O. Box 1971
Saint John, NB E2L 4L1
Your Worship Mayor Norton and Members of the Common Council,
Subiect: Proposed Municipal Plan Amendment 700 Millidge Avenue
I live on Trinity Close and have several concerns about the proposed Shannex Project at 700
Millidge Avenue.
First, at the PAC meeting I attended last Tuesday, one of the Shannex representatives started by
saying "If we do not get this approved, Saint John will lose its beds and the license agreement we
got from the province. We will have to go elsewhere out of Saint John ". The meeting started like
this. I do not think that the power balance was fair that night. Right from the start, I believe it was
difficult for the PAC committee to stay neutral. To me when somebody is asking permission to go
ahead with a project and makes a threat right at the start, it appears that this person is either
hiding something, or its project lacks a lot of key information.
228
Second, PAC representatives in my opinion failed to address key issues with the proposal. And
Shannex as well. I asked several questions that night and most of them have not been answered ar
I have gotten unsatisfactory answers. 1) Is the hill behind my property on Trinity Close, which is in
the buffer zone, will be blasted or will it stay? The plan shows so far a tiny brook in the buffer zone,
right where the hill should be. That hill provides my privacy. It is full of mature trees, and it was
one of the main reason we bought the house in the first place. Removing the hill would expose my
house to the 5 stories building a few feet above and I would lose mature trees that would need to
be replaced. And by the way, Shannex' representatives never answered my other question about
the tree line and my view. Actually, they confirmed that the building ground floors will be 3 feet
higher than Millidge Avenue. That means it will be higher than my property and that the water flow
will come my way. Over 50 % of my windows face the 700 Millidge Avenue lot. Will the buildings
be towering over the trees or will they hide under the tree line? I will lose again full enjoyment of
my property (and investment) if the trees (and the hill) cannot hide the senior complex.
Third, I have not heard a satisfactory answer about how the detention pond will deal with the
water and the wetland. It is my understanding that CBCL conducted a study before any of the peat
moss was removed. I therefore believe that there will be more water to deal with than what the
study stipulates. I strongly believe that if all the parties go ahead with the current conditions and
floor elevations, water will overflow and will affect myself and my neighbours. When asked about
this, Shannex representatives did not answer. As far as I understand, they refer to a design that
has not been done. Relying on something so thin is unprofessional and unfair to Saint Johners and
Common Council.
Fourth, when somebody buys a property and is fully aware of its flaws, problems and its soon to be
done upgrades, the buyer cannot sue the seller on these terms. The buyer bought the property in
full knowledge of all pros and cons. It should be the same thing here. If Shannex buys a land
knowing that there is a big drainage challenge, and they repeatedly said it last Tuesday, why would
they not assume also the risks that come with their decision to build there? Why would The City of
Saint John assume the risks and Shannex enjoy only the shiny side of the medal? They want the
land? They want to build their senior complex there? Then, they should assume every aspect of the
business deal. The City of Saint John is already in a financial havoc, not to mention that the City
spent probably millions on a PlanSJ that it will not even follow. We cannot afford to lose money
here again. I think it is now time that companies and private sectors stop hiding themselves behind
the government and citizens.
Fifth, according to your own policies and by -laws (Policy LU -4), the Council shall not consider
changing the designation of lands on the Future Land Use map (which the 700 Millidge Ave lot falls
into as you all know) through a Municipal Plan amendment, unless the proposal:
a. is consistent with the general intent of the Municipal Plan and further advances the City
Stucture (this project is not consistent with the plan);
b. Is necessary by virtue of a lack of supply of quality land already designated in the MP to
accommodate the development; And do we really know why the Town of Rothesay
rejected Shannex' proposal before they came to us? In my humble opinion there are
several locations in the Millidgeville area fully suitable for this project.
229
c. Enhances the community and the quality...
d. Efficiently uses available infrastructure; Are we convinced of that? Is that the best use of
the wetland?
e. Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods;
Well, we all know that this is currently not the case.
f. Is an appropriate use within the land use ...
g. Adequately addresses and mitigates any significant environmental impacts. Well, I am still
waiting for the full pond design.. And if there are no planned improvements of the storm
drain system on Reed Street, which will be the entry point of all this new water from the
detention pond network, I fear we will end up with a new Brentwood Crescent mess.
It is in your mandate to represent us and defend us. So I hope, Mayor Norton and Councillors that
you will look carefully at this proposal and think of us, the taxpayers, who have been there all these
years, when you review Shannex' proposal.
Thanks for your time and for making sure that our interests are looked after too.
Very best,
Eric Kennedy
2�0
Page 1
May 31, 2013
Mayor & Council
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Re: Municipal Plan Amendment and Rezoning - 700 Millid a Avenue
Your Worship & Council:
I am here before you this evening because someone applied to change the Municipal Plan and
proposed a rezoning for 100 Millidge Avenue.
I'd like to start off by stating that I've lived in this neighbourhood for almost half a century. This
is exclusive for me because this concerns me. My earliest recollection concerning this land is
walking by one day observing a man with a chainsaw on the land. I asked him what he was doing.
He told me he was asked by the owner of the property to cut down all the cedar trees on the land.
He was indiscriminately cutting down all of the cedar trees and leaving them wherever they fell. I
asked the man why he was cutting down the cedar trees. He told me he was doing it "to beautify the
land. Doesn't it look so much better without the cedar trees ?" I thought at the time this is madness!!
Two or three years later or so there was a different man with his son cutting down birch trees on the
land. He told me he was employed by Percy Wilbur to cut down all the birch trees except those two
inches or less - to leave those. I counted as many as 200 or so were cut and left which are still piled
there. They must be aging. Obviously there was a method to this man's madness.
I went to city hall and found out there was a transfer of deed from Irving Oil Co. Ltd. to Proman
Ltd./Percy Wilbur registered June 6, 2005. This surprised me. The Irvings have always been known
for their acquisition of land adding on, holding onto it. I don't recall hearing of their divesting
themselves of land. I was told in the last decade things have changed and they have been doing that.
The Irvings have owned this land forever. As long as I've lived there the land was undisturbed and
there were no development plans. They owned it continuously. There were no breaks in ownership.
The Irvings transferred the deed for this land to Percy Wilbur and he has development plans for it
and in addition wants city owned land behind this land for an even larger development.
These are wetlands - the most precious lands we have. The government had put a ban on wetland
development. Land owners protested the ban. They couldn't sell land they wanted to because it
couldn't be developed. Developers protested the ban because land in their possession couldn't be
developed therefore it was useless to them. The government lifted the ban on wetlands development
and three days after the ban was lifted, this developer went full steam ahead and started destruction
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of the entire wetlands. Who gave this man the right to do this? I want to know. The Irvings are
important for their contribution to our society! This man is not important. I am told the Irvings are
smart people. Not too smart here. Is this person acting as a front man for the Irvings? Are these two
parties banding together? Why would the Irvings be in co -horts with this man? I see this as
unrestricted development. I think it is purposely done. I'd like to ask is there a collusion, secret
understanding between two sides? Is there a complicity here? A partnership in this callous
destruction of our most precious wetlands?
Where is the law which allows this to happen? On one hand the Irvings make a gift to the city of
the Irving Nature Park which is applauded and elevates their image then this destruction of wetlands
which sheds a very unfavourable light on them.
This developer, this man's track record, is not very good. He started off doing landscaping for the
Irvings then he took over Reynold's property on Sandy Point Road and started a garden centre which
was over the top. I was told he allegedly had Irving backing. He had two fires - he didn't rebuild.
He then ventured into plots of land near the Millidgeville Ferry, building houses for resale. He carne
before council at that time seeking water access for his nearly constructed houses. He was seeking
water access for three houses I believe. Council, at that time, was willing to accommodate him for
two houses. He was adamant and stated he couldn't sell high -end houses with no water. Due to low
water pressure at that time he was putting existing homes in the area in jeopardy should emergency
vehicles need to access fire hydrants and water in the event of a fire. He had no concern for homes
already there just approval he needed for his newly constructed houses. He got his approval by a
very slim margin of votes.
Thereafter he was requesting for the city to let him have lands near Tucker Park. He indicated he
was willing to pay out of pocket for remedial work to be done there in exchange for land he could
build high -end homes on. It's shocking!! #Iand entrusted to the public for recreation should never
be exploited for personal gains. Any private development there should never be contemplated.
What this is all about is the acquisition of money, nothing else.
I don't accept this developer's vision for this property. Developers think they have a God -given right
to destroy land in the name of progress and profit. A money- makerl ! Money making!! This is
deliberate exploitation. There should have been a lawsuit to stop this man. Nothing has any worth
except the bottom line, the value lies in the bottom line. The whole thing spells greed. Profit trumps
everything. Well there are many things in life that trumps money. They call it progress. I call it
exploitation. The only person who would cause so much destruction to the environment is a person
without a conscience - "Destroying life in an effort to maintain his own way of life."
This piece of land should have been left alone. It was a remarkable place - trees: cedar, fir, birch
were decades old b1ptgry bushes, walking on the land, There were pools of water - ducks and
Canadian geese swimming around, rabbits walking along, grouse pecking away at seed on the
ground. One could be in awe of nature. No one felt threatened by me. The whole cycle of life -
animals, plants, insects, all existed there. Where is the plan to relocate the trees, the animals and the
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birds that inhabited this land? There is no plan. Their home is gone. It was special there - trees,
insects, ducks, rabbits, deer conservation. Serious damage has been done to the ecology! Loss of
marshlands and vegetation removed that would sustain water fowl and wildlife. Everything is
destroyed. What kind of man would kill a living thing? We all have a responsibility in nature for
preservation. How about habitat protection? The wildlife there deserved to have a place to exist.
They had a place. It was destroyed. Corporate greed wins. Destroying wetlands / species that lived
there needed what was there before. The ecosystem is not just trees and a little water. Wilderness
is not just the wild spaces, it is the wild things that live there than inhabit the space.
As far as the city is concerned, I take exception to the city's description of this land in their mailout
to area residents indicating that the Shannex group wants to develop on `undeveloped vacant lots ".
This is misleading for the public. This land is anything but vacant lots. In addition, city hall
promised, in 1974 when the Gorman Arena was built, to set aside green spaces to compensate for
or.16411 v,pxding vast amounts of forest and green space to construct an arena and adjoining parking lot in
a residential area. It's thirty plus years later and I'm still looking for that green space. There has
been immense growth in Millidgeville in this area. With each development, developers have
promised the city and the residents buffer zones between their development and the community.
None ever materialized.
As far as the Shannex group is concerned, why would they build on wetlands, our most precious
land, that was totally devastated and destroyed and for no reason. That blackens their image for all
time for me. Development at any cost? Now there is Canadian Blood Services on University
Avenue moving out of the city. It's a large building with a large paved parking lot - move in there.
At the bottom of the hospital hill or the new sub - division behind Canadian Blood Services land has
already been destroyed for potential construction. There are many areas where precious wetlands
didn't have to be destroyed to accommodate new construction. Were these wetlands deliberately and
systematically destroyed to accommodate the Shannex group ?? Why is it all construction in
Millidgeville has to be within a few blocks of one another? Brentwood, Chateau de Champlain,
Church of St. John & St. Stephen Home, Kennebec Manor, St. Andrew's House - not everything can
be within a few blocks of one another. Absolutely not - at this location. I have no problem with the
Shannex group's plans but absolutely not on this land and certainly not city owned land in behind
itt !
I hold the Irvings responsible for this. Turn things around. We all have choices to do good or do
harm. I'm looking for redemption for the land. Is the environment going to receive compensation?
Are they going to compensate land that had a right to exist? Protecting forest land, providing forests,
so wildlife can live there. There was a whole life cycle there. Customers coming out of the Irving
Convenience Store were asking where did all the wildlife come from - snakes, ducks, geese
wandering around the doorstep and parking lot of the convenience store. I pointed across the street
and said, "Their home is gone. This is what the Irvings have done to them." Customers said they
didn't think the Irvings would do that kind of thing. I do hold them responsible. They would have
known what would happen there or they are a part of it. Why not repair this damage? Step up to the
plate. It can be done. The reason it can be done is that it has been done elsewhere. I recall a program
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on PBS LeBanon, I believe. The land had been completely decimated and destroyed by war where
wildlife was gone, birds were gone, yet through serious conservation efforts, the land was restored
back to life and the whole ecosystem was renewed. It took a long time but it was successful.
I had a discussion a while back with a refined university professor. I was concerned about some
trees cut down on Kennebecasis Drive and I couldn't understand why this was done. I didn't say
exactly where this was. However, this professor made the assumption I was referring to lands owned
by the Irvings. I never corrected him and I was surprised to hear his response. He said, "The Irvings
are `the Authority' on trees. They know everything there is to know about trees and if some trees
have been cut down, I can tell you that there probably is a very good reason for that." I've heard the
Irvings called a lot of things over the years however I've never heard them called `the Authority' on
trees! So with that in mind, this land can be restored and renewed. A conservation plan can be put
in place. The Irvings can do it. They have the expertise to undue this damage. Celebrate nature.
Bring back the land to a natural state. For me, there is value in this fight. This land should have
been claimed for the environment. Wetlands Canada and the N.B. Nature Conservancy should have
been involved.
I would like t6 senior Irving, preferably James K. Irving, to come before council and give us all a
history lesson about this land. I'm asking for a senior Irving because I'm looking for some truth -
telling. I'm hoping I can receive that.
Thank you for allowing me to express my views and for this opportunity.
Respectfully submitted,
Kitty Biischlepp
85 University Avenue
Saint John, NB
E2K tZ2
Telephone. (506) 648 -9580
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May 28, 2013
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Mountain View Drive Sidewalk
Background:
There is currently an interconnectivity disconnect between the adjacent streets that have
sidewalks on one side. It would make sense considering the existing and future approved
development in this area to at least have a sidewalk on one side. As this is an urban collector
road with an increasing level of citizens that could be walking and is located within the primary
development area of PlanSJ.
Motion:
That the construction of a sidewalk on Mountain View Drive be completed and it be referred
to the capital program with a cost estimate and be approved based on priority and available
funding.
Respectfully Submitted,
(Received via email)
Ray Strowbridge
Councillor — Ward 4
City of Saint John
�r
VU
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
235
REPORT TO COMMON COUNCIL 06
M &C 2013 - 112
June 3, 2013
His Worship Mel Norton
And Members of Common Council:
Your Worship and Members of Common Council:
The City of Saint John
SUBJECT Award of Proposal 2013- 424001P, Live -Fire Emergency Services Training Facility
BACKGROUND
As part of the process to replace the defunct Live -Fire Training Tower (Training Tower) formerly
situated by Fire Station 8 in Millidgeville, the City of Saint John issued a proposal call for the
purchase and delivery of a modern Live -Fire Emergency Services Training Facility. The proposal
call closed on February 21, 2013 with 4 submissions being received. A committee, consisting of
personnel from Asset Management (Materials Management) and Urban Environment Services (Fire
Rescue and Suppression Service), met several times to review the proposals as well as undertook
site visits to training towers built by the two short listed vendors.
The purpose of this report is to present the results of the review to Common Council for
consideration.
ANALYSIS
Rationale supporting the replacement of the Live -Fire Emergency Services Training Tower
Both Occupational Health and Safety and WorkSafe NB require employers to ensure their
employees are adequately trained to perform assigned work and that employees are given the
appropriate level of safety training. It is generally agreed that firefighting is an inherently
dangerous profession. Putting this fact aside, the City of Saint John is obligated to ensure Fire
Fighters are adequately trained to fight structure fires, internally and externally as well as have an
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appropriate level of safety training. Within the Fire Service, skills and safety awareness training are
achieved through instruction, demonstration, practice and live fire training.
Since 2008, the Fire Department has been seriously challenged to provide training that adequately
replicates the emergency response profile within the City of Saint John. Further amplifying the
need for a comprehensive training facility is the fact that since 2008 there has been over 50
retirements, which means the City has close to 50 new employees (permanent and casual) who have
limited exposure to live fire training in a controlled, learning setting. It is becoming critical that the
City move forward with the development of a live fire training facility.
Former Live Fire Training Tower
Up and until 2008 the City of Saint John facilitated its live fire training at the Millidgeville training
grounds. Besides having open space to position fire trucks, the training grounds contained a 4-
storey brick veneer Training Tower. The subject tower was constructed in 1964 and used
consistently for the 44 years. As a result of visible degradation, an engineering review was
conducted in 2008, which concluded the structure was unsafe. Over 40 years of live fire burning
had taken its toll on the structural integrity of the tower. Being in a dilapidated state, with its north
wall separating from the structure, inner floors spalling and roof soon to collapse, the tower was
demolished in 2011.
Proposed Location —14 McIntosh Street / 100 Boars Head Road
Due to re- development potential of the Training Ground situated on the Corner of Millidge and
University Avenues and at the request of the City Manager, the Fire Department undertook a search
for an alternative location of the new training tower. The search led to City land situated at 14
McIntosh / 100 Boars Head Road. This site is currently utilized by Pedestrian and Traffic Services
and Fleet Services. Being a 6 acre site, the 14 McIntosh Street / 100 Boars Head Road site can
readily accommodate additional municipal uses.
To identify any neighbourhood concerns with the proposed use at the McIntosh Street / Boars Head
Road location, the Fire Department advertised and held an open house on March 13, 2013. The
most notable concerns pertained to "black smoke" (Class A burns) which was previously deleted
from the project. All live burns will utilize a propane fuelled burn prop. The required "conditional
use" and "height variance" application for the McIntosh / Boars Head Road site received Planning
Advisory Committee on March 19, 2013, with no objections noted.
The estimate cost for site servicing, site preparation, footings, utility extension, site drainage
controls, landscaping, etc. ranges from $650,000 to $800,000 with the range being attributed to soil
conditions and site drainage control yet to be designed. Funding to support this work is linked to
the sale of the city land on the corner of Millidge and University Avenues.
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237
Having stated the above, Plan SJ envisions the conversion of the McIntosh Street / Boars Head
Road site to a residential use within the next 10 to 20 years. With that in mind, the Fire Department
had to take into account the "movability" of the selected Training Tower.
Proposal Call
Materials Management facilitated the process of soliciting proposals for the design, supply and
delivery of a Live -Fire Emergency Services Training Facility. As such, a Request for Proposal
(RFP) closed on February 21, 2013 with responses from the following four companies:
• Fire Facilities Inc. Sun Prairie, Wisconsin
• Bullex Albany, New York
• Fire Training Structures Phoenix, Arizona
• WHP Training Towers Overland Park, Kansas
A review committee, consisting of staff from Asset Management (Materials Management) and
Public Safety Services (Fire Rescue and Suppression Service) was formed to evaluate the
submissions. The committee was tasked with the role of reviewing each submission against the
proposal evaluation criteria as defined in the proposal call. These criteria consisted of the following:
Suitability Proposed Training Facility
• Extent to which the proposal meets the goals of the Fire Department
• Project Plan (methodology, deliverables, etc.)
• Product Design, suitability and warranty
• Ability to meet or exceed proposed project time frames
Proponent's Qualifications
• Experience on similar projects including subcontractors
• Technical capability /skills /qualification of proponent or subs
Financial Submission
• Price proposal
In accordance with the City's policies and procedures, separate assessments of the technical and
financial aspects of the submissions were undertaken by the evaluation committee. More
specifically, assistance of a local engineering firm was required to provide order or magnitude costs
for the construction /assembly of each of the various training tower systems. It was not sufficient to
know the purchase and delivery price for each unit, the award had to take into consideration the cost
to assemble each of the proposed training tower systems.
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238
The two top scoring proposals, both technically and financially were Fire Training Structures (FTS)
and WHP Training Towers. From a construction and movability perspective, the two shortlisted
proponents offered significantly different training facilities. This resulted in members of the Fire
Department visiting existing tower site built by each of the proponents. The site visits also
provided staff the opportunity to validate the usefulness of featured specified in the Proposal Call as
well as features that should have been considered.
At the completion of this comprehensive evaluation, the committee recommended the proposal
submitted by Fire Training Structures (FTS). The FTS proposal not only scored the highest
technically but offered the lowest cost solution to the City of Saint John. Moreover, the FTS
system had the lowest cost option in the event the training tower had to be relocated. The above
process is in accordance with the City's Procurement Policy and Materials Management support the
recommendation being put forth.
About the Preferred Proponent (FTS)
There are various construction methods for a Training Tower, from brick and mortar, steel framing
to mobile units. The preferred proponent (FTS) manufactures their training towers utilizing forty
foot storage containers. The FTS system takes longer to construct at the plant, but literally snaps
together (on -site) within a week. If the FTS training tower system had to be relocated, it's simply a
process of unbolting the individual containers, loading the containers on a flat -bed truck, and
reassembling the components elsewhere; new footing and utility connections would be required.
Essentially the FTS system can be set -up and/or relocated at a fraction of the cost of traditional
training towers. See the attached renderings.
Partnership Opportunities and New Direction
The Fire Chief was previously instructed to explore any viable partnership and revenue generating
opportunities. With respect to training services, two viable opportunities are currently being
explored. Either one of these two opportunities will generate new revenue and/or operating cost
savings significant enough to warrant modifying the proposed Live -Fire Emergency Services
Training Tower.
The proposal, as presented to Council includes components that will support partnership training yet
remains within the budget envelope. Successful partnership relationships could provide substantial
setup savings and generate new annual revenue in that range of 150,000 to 250,000. Discussions
on the partnership opportunities are very positive; however this proposal is being submitted on the
merits of the assessment and the need of the fire department without any possible benefits of future
partnership initiatives.
FINANCIAL IMPLICATIONS
4 1 P a g c
239
The cost to supply, delivery and overseeing the erection of the proposed Live Fire Emergency
Service Training Facility, including the addition of the industrial platform and land based marine
shipboard firefighting components is $772,600 plus applicable taxes. This breaks down as
$578,875 for the Training Facility, $66,000 for the land based shipboard firefighting components
and $127,725 for the industrial platform (all plus applicable taxes). The approved capital budget
for the purchase and delivery of a Training Facility is $780,000.
With partnership agreements not expected to be finalized until late June, FTS has agreed to a no
penalty cancelation of the marine and/or industrial platform components provided written notice of
the cancelation is received within 30 days of issuance of the purchase order. The purchase order
will reflect this option. In other words, if partnership support is forthcoming as anticipate, the
purchase and delivery of the Training Facility will be within budget. If partnership support does not
materialize as anticipated, the marine and/or industrial platform components will be deleted,
keeping the purchase within budget.
As noted previously in the report, the estimate cost to extend "services" onto the McIntosh / Boars
Head Road site, undertake site preparation, install footings, install a propane tank and fuel lines,
design and construct site drainage controls and landscaping, etc. ranges from $650,000 to $800,000
with the variables being soil conditions and site drainage controls. Funding to support this work is
linked to the sale of City owned land on the corner of Millidge and University Avenues.
Having stated the above, the partnership arrangements currently being discussed could negate the
need to utilize some or all of the land sale proceeds arising from the sale of the former training
grounds on the corner of Millidge and University Avenues. This will be the subject of a separate
report to Council.
RECOMMENDATIONS
It is recommended that Proposal 2013- 424001P, Live -Fire Emergency Services Training Facility be
awarded to Fire Training Structures (FTS) of Phoenix Arizona at their bid price of $772,600.00 plus
applicable taxes; with the City of Saint John retaining the right to cancel the marine and/or
industrial platform components without penalty, provided notice is given within 30 days of issuance
of the Purchase Order.
Respectfully submitted,
Ke'�ffor �A, O .
Fire Chief
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VA
C4 A. -I COMMON COUNCIL
M &C2013 -Ill
May 28, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Public Information Session
Milford Sewer Separation — Phase II
PURPOSE
z�
The City of Saint john
The purpose of this report is to inform Council of a Public Information Session that will be held
in relation to the Milford Sewer Separation Project - Phase II, and to update Council on the status
of the project.
BACKGROUND
The approved Water & Sewerage Utility Fund and General Fund Capital Program includes
projects for the design and construction of Milford Sewer Separation Project — Phase II, that
includes:
Replacing the storm outfall, installation of a new storm sewer, repairs of the existing
sanitary sewer, renewing curb and sidewalk and asphalt reinstatement on Dwyer Road
• Installation of a new storm sewer, repairs to the existing sanitary sewer and watermain,
renewing curb, and asphalt reinstatement on Balmoral Crescent
• Replacement of the sanitary sewer in various locations on Milford Road between
Williams Street and Greenhead Road.
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M &C2013 -111
May 28, 2013
Page 2
ANALYSIS
Staff looks forward to the tender closing on June 26, 2013. Construction will begin in July, 2013
and continue until the end of October, 2013. This is a major project that will impact the local
area during construction. It is for this reason that staff have decided to hold a Public Information
Session to allow local residents and business owners an opportunity to view the project design
drawings, ask questions and give their feedback. The Public Information Session will be held at
the Denis Morris Community Centre at 330 Greenhead Road on Tuesday, June 4, 2013, from 2 -4
p.m. and 6 -8 p.m. This report is being provided for the information of Council and to extend an
invitation to any Councillors who may wish to attend the Public Information Session.
An advertisement for the Public Information Session will be in the Saint John Telegraph Journal on
Friday, May 31, 2013. A copy of the notice for the Public Information Session which will be
delivered door to door in the project area has been attached.
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
I
7
Jodi Stringer -Webb, P.Eng.
Municipal Engineer
1 � '--
Wm. Edwards, P. ng.
Commissioner
Transportation & Environment
249
Brian Keent7l;mEng.
Engineering Manager
J. P trick Woods, CGA
Cit Manager
�r
10
P. �f
The city of SWW John
PUBLIC INFORMATION SESSION
MILFORD SEWER SEPARATION — PHASE II
The City of Saint John will be installing new storm sewers on Dwyer Road from 429 Dwyer Road to
Balmoral Crescent, and on Balmoral Crescent from Dwyer Road to 345 Balmoral Crescent. The work will
generally include replacing the existing storm outfall on Dwyer Road, installation of new storm sewers
on Dwyer Road and Balmoral Crescent, repairs to the existing sanitary and water distribution systems,
renewing curb and sidewalk, and asphalt road surface.
The City will also be renewing the sanitary sewer on Milford Road in various locations between
Greenhead Road and Williams Street. The work will generally include renewing the existing sanitary
sewer and asphalt road surface.
The project is planned to begin in summer, 2013 and is expected to be completed by the end of
October, 2013. Prior to construction, another notice will be distributed to inform residents and business
owners of the actual construction schedule.
Representatives from the City of Saint John and the project design team will be available to answer
questions related to the proposed project. The public is invited to attend an information session on this
project on the following date and times:
DATE: Tuesday, June 4, 2013
PLACE: Denis Morris Community Centre, 330 Greenhead Road
TIME: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m.
For further information about this project, contact the Consultant, GENIVAR, at (506) 634 -8719 or the
City of Saint John Transportation and Environment Services at (506) 658-4455.
250
REPORT TO CO MMON COUNCIL
M & C — 2013 -100
28 May 2013
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Lifeguard Services — City Beaches
Clarification of Contract Terms
At the April 29h meeting Council resolved that:
"As recommended by the City Manager in the submitted report M &C 2013-
063: Lifeguard Services City Beaches the proposal for the provision of lifeguard
services for the 2013 beach season as submitted by Maritime Day Tripping Inc. at
the cost of $120, 301.99 plus tax be accepted and that the Mayor and Common Clerk
be authorized to execute the necessary contract documents "
The Request for Proposals requested pricing for the 2014 and 2015 seasons and it
was the intention of staff that this be incorporated into the contract documents as
optional extension periods of one year each upon mutual agreement of both parties.
It is the opinion of Legal staff that the resolution adopted by Council is not sufficient
to include this option in the contract as it is not explicit. Therefore staff have drafted
a new resolution that would allow for this provision as indicated below. Subject to
satisfactory performance of Maritime Day Tripping Inc. during the 2013 season and
the approval of required funds in the Operating Budgets of 2014 and 2015.
RECOMMENDATION:
It is recommended that two optional extension periods of one year each for the season
periods of 2014 and 2015 be added to the terms and conditions of the Lifeguard
Services Agreement. Staff recommends that the following resolution be adopted by
Common Council in order to clarify the exercising of the renewal option for the
season periods 2014 and 2015 as follows:
(a) To approve the submitted text of the Lifeguard Services
Agreement between The City of Saint John and Maritime
Daytripping Inc., in relation to the lifeguard services to provide
safety supervision to the public who attend Dominion Park, Little
251
2
M &C 2013 -100
Report to Common Council
Lifeguard Beach Supervision 2013
River Reservoir, Fisher and Lily Lakes beaches, the text of which
accompanies this report in this matter to Common Council, dated
May 28,2013; and
(b) That the Mayor and Common Clerk be authorized to execute the
Lifeguard Services Agreement.
Respectfully submitted,
l�
Michael Hugenholtz, P.Eng.
Deputy Commissioner,
Parks & Public Spaces
Wm. Edwards, P.Eng.
Commissioner,
Transportation and
Environmental Services
J. Pa ick Woods, CGA
Tanager
Att: Proposed Lifeguard Services Agreement
252
This LIFEGUARD SERVICES AGREEMENT (the "Agreement') made in triplicate
effective as of the day of May, 2013 (the "Effective Date ").
BETWEEN:
THE CITY OF SAINT JOHN, having its offices at the City Hall Building
at 15 Market Square, Saint John, New Brunswick, 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 FIRST PART
-AND-
MARITIME DAYTRIPPING INC., a corporation incorporated pursuant
to the Laws of the Province of New Brunswick, having its head office
located at Fredericton, New Brunswick, hereinafter called "Maritime"
OF THE SECOND PART
WHEREAS the City issued a Request for Proposal 2013- 085901P for Lifeguard Services
which closed on the 21s' day of February, 2013;
AND WHEREAS Maritime submitted a Proposal with respect to the Request for Proposal
on the 201h day of February, 2013, which proposal the City has accepted;
AND WHEREAS the purpose of this Agreement is for lifeguard services to provide safety
supervision to the public who attend the Dominion Park, Little River Reservoir, Fisher Lake
and Lily Lake beaches;
AND WHEREAS the Common Council on April 29, 2013 resolved that:
(a) As recommended by the City Manager in the submitted report M &C
2013 -063: Lifeguard Services City Beaches the proposal for the
provision of lifeguard services for the 2013 beach season as submitted
by Maritime Day Tripping Inc. at the cost of $120,301.99 plus tax be
accepted and that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
AND WHEREAS the Common Council on [6], 2013 resolved that:
(a) [• Enter Resolution]
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NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual
covenants and agreement herein and subject to the terms and conditions set out in this
Agreement, the Parties agree as follows:
1.0 INTERPRETATION AND GENERAL PROVISIONS
1.1 Defined Terms
When used in this Agreement, the following words or expressions have the
following meanings:
(a) "Agreement" means this Agreement and all accompanying Schedules;
(b) "Applicable Laws" means all applicable requirements, laws, statutes,
codes, acts, ordinances, orders, decrees, by -laws, rules, regulations,
permits, licenses, authorisations, directions, and agreements with all
Governmental Authority that now or at any time hereafter may be
applicable to either this Agreement or the terms and conditions or any
part of them set out in this Agreement; and "Applicable Law" means
any one of them;
(c) "Approved" or "Approval' or "Approve" and similar expressions
means approval or consent in accordance with the procedures set out
in section 1.11 unless otherwise provided herein;
(d) "Beaches" means, collectively, the beaches at Dominion Park, Little
River Reservoir, Fisher Lake, and Lily Lake; and 'Beach" means any
one of them;
(e) "Business Day" means any day other than a Saturday, Sunday or
statutory holiday under the laws of Canada or the Province of New
Brunswick or a civic holiday proclaimed by the City;
[f) 'Business Hours" means from 10:45 a.m. to 5:45 p.m., seven (7) days
per week at the Dominion Park and Little River Reservoir beaches,
and, from 11:00 a.m. to 5:30 p.m., seven (7) days per week at the Lily
and Fisher Lakes beaches;
(g) "Change Request" means a written request prepared by either Party:
i) To revise, alter or modify the Services;
To revise, alter or modify the fees for the Services as a result of
an increase or decrease in the minimum wage in New
Brunswick;
iii) To add new work, services or materials in addition to that
provided for in this Agreement; or
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gage 13
iv) To dispense with, delete, reduce or change the requirements
and /or scope or extent of all or any portion of the Services;
provided, however, that no Change Request shall be implemented
unless and until it has been Approved by the City and Maritime, each
acting reasonably; and "Change Requests" shall have a
corresponding meaning;
(h) "City" means The City of Saint John, New Brunswick;
(i) "City Manager" means the city manager or his designate appointed
by resolution by Common Council;
(j) "City Address" means 15 Market Square, City Hall, Saint John, New
Brunswick, E2L 4L1, Telephone: 506.658.2862, Fax: 506.674.4214;
(k) "Claims" means any actual or threatened loss, liability, cost, charge,
interest, claim, demand, allegation, action, cause of action, proceeding,
suit, assessment, reassessment, proposed assessment or
reassessment, damage, demand, expense, levy, tax, duty, judgment,
award, fine, charge, deficiency, penalty, court proceeding or hearing
cost, amount paid in settlement, encumbrance, and /or tangible and
intangible property right (including all costs and expenses relating to
the foregoing, including legal and other professional adviser and
expert fees and expenses), and whether arising by contract, at
common or statute law, in tort (including negligence and strict
liability), in equity, in property or otherwise of any kind or character
howsoever, and howsoever arising; and Claim means any one of
them;
(1) "Common Clerk" means the common clerk or the assistant common
clerk of the City or a designate appointed by resolution by Common
Council;
(m) "Common Council" means the elected municipal council of the City;
(n) "Dispute" means any dispute, controversy, Claim, disagreement or
failure to agree arising out of, in connection with, or relating to the
interpretation, performance or application of the Agreement; and
Disputes has a corresponding meaning;
(o) "Dispute Resolution" has the meaning ascribed thereto in the
Dispute Resolution Procedure;
(p) "Dispute Resolution Procedure" means those dispute resolution
procedures ascribed thereto in Schedule 3;
(q) "Expiry Date - 2013" or "Expiry Date - 2014" has the meaning
ascribed thereto in subsection 2.2.2;
255
: agP 14
(r) "Expiry Date - 2015" has the meaning ascribed thereto in subsection
2.2.7;
(s) "Good Industry Practice" means the exercise by those Persons
performing the Services of that degree of skill, diligence, prudence,
operating practice and foresight which would reasonably and
ordinarily be expected from a Person seeking in good faith to comply
with their contractual obligations under the Agreement who is
experienced in carrying out Services and works comparable in size,
scope and complexity to the Services within Canada;
(t) "Governmental Authority" means each national, federal, provincial,
municipal, local or other government, each governmental, regulatory,
administrative, judicial, quasi - judicial or other agency, body,
department, corporation, authority, commission, instrumentality,
regulatory body, board, panel, court, arbitrator or other entity and any
successor thereto, exercising executive, Iegislative, judicial, quasi -
judicial, taxing, regulatory or administrative powers or functions of or
pertaining to government or judiciary, and each private regulatory
entity, self - regulatory organization or other similar Person having
jurisdiction or purporting to have jurisdiction (in whole or in part), in
Canada and in any other relevant jurisdiction, in respect of the Parties,
the Agreement, the Beaches (including the operation thereof, or any
part, component or system thereof);
(u) "HST /GST" means the harmonized sales tax or the tax imposed under
Part IX of the Excise Tax Act or any other federal sales tax,
consumption tax, excise tax, value added tax, business transfer tax or
other tax that can reasonably be regarded as a substitute or
replacement for the harmonized sales tax or the tax imposed under
the Excise Tax Act properly exigible by Maritime to the City pursuant
to this Agreement;
(v) "Lifeguards" mean those persons who are 16 years old or older,
holding a current lifeguard training waterfront certificate, a current
standard First Aid and CPR certificate(s) and are designated by
Maritime to safeguard swimmers. In addition, they must be Physically
Fit;
(w) "Maritime Address" means P.O. Box 22075, Lansdowne RPO, Saint
John, New Brunswick, E2K 4T7, Telephone: 506.657,8747, Fax:
506.657.2102;
(x) "Maritime Representative" means a designated person appointed by
Maritime;
(y) "Notice of Change" has the meaning ascribed thereto in subsection
7.3.1;
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Page 5
(z) "Parks and Public Spaces" means the division which services the
parks and public spaces within the City;
(aa) "Parks and Public Spaces Representative" means a designated
person appointed by the City Manager or the Deputy Commissioner of
Transportation & Environment Services;
(bb) "Party" individually means the City or Maritime; and "Parties" means
the City and Maritime, respectively;
(cc) "Payment Schedule - 2013" has the meaning ascribed thereto in
subsection 7.1.2;
(dd) "Payment Schedule - 2014" has the meaning ascribed thereto in
subsection 7.1.3;
(ee) "Payment Schedule - 2015" has the meaning ascribed thereto in
subsection 7.1.4;
(ff) "Person" means any individual, corporation, firm, partnership, joint
venture, trust, unincorporated organization, commission, board,
Governmental Authority, unincorporated body of Persons or
association and any other entity having legal capacity, and the heirs,
beneficiaries, executors, administrators or other legal representatives
of a Person in such capacity; and "Persons" means any one of them;
(gg) "Physically Fit" means a person who has met the requirements of a
physical fitness screening test prior to the season, approved by
Maritime;
(hh) "Request for Proposal" means the request for proposal issued by the
City on February 4, 2013, entitled "Request for Proposal 2013 -
085901P Lifeguard Services ", identified as such in Schedule 1;
(ii) "Proposal" means the proposal dated February 20, 2013 submitted
by the Maritime, entitled "2013 Proposal City of Saint John Beaches ",
identified as such in Schedule 2;
0j) "Safety and Rescue Equipment" means the following equipment as a
minimum for all Beaches operations: 1- Spinal Board c/w Head
Immobilizers, 1- Paddle Board, 1- Stocked First Aid Kit, 1- Pair
Binoculars, 2- Thermometers (Air and Water), 1- Lifeguard Chair, 1-
Beach Sign, Pocket Masks, 1- Megaphone /Bullhorn, 1- Shovel, 1 -Hat,
2- Singlets per staff, 1- Rain Suits, 1- Rescue Can /Tube per staff, 1-
Sets of Fins, 1- Snorkel, 1- Mask, 1- Flashlight, 1- Set of Megaphone
Batteries, 2- Buoy Lines, 1- Hut Key, 2- First Aid Blankets, 1- Logbook,
1- Set of Walkie - talkie, 1- Cellular Phone or Other Telephone Device,
1- Set of written Emergency Procedures (posted on location), 1- Set of
written In- service Records (posted on location), 1- Emergency
Telephone # List (posted on location);
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Page 16
(kk) "Schedule" means the following schedules attached to and forming an
integral part of this Agreement:
i. Schedule 1 - Request for Proposal 2013- 085901P
Lifeguard Services issued on February 4, 2013;
ii. Schedule 2 - Proposal dated February 20, 2013; and
iii. Schedule 3 - Dispute Resolution Procedure;
(11) "Season" individually means the 2013 or 2014 or 2015 season;
(mm) "Services" means those lifeguard services as set out in the Request for
Proposal and as set forth in this Agreement and include the
responsibility to continuously observe the activities of patrons in
order to ensure their safety, at all Beaches, during Business Hours;
(nn) "Subcontractors" means a Person or entity, other than the City or
Maritime, having direct agreement with the City or Maritime, to
perform any part or parts under this Agreement on behalf of the City
or Maritime; and
(oo) "Term" has the meaning ascribed thereto in section 2.2
1.2 No Indemnities from the City
1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference
to the City providing an indemnity or incurring any other form of indebtedness or
contingent liability that would directly or indirectly increase the indebtedness or
contingent liabilities of the City, shall be void and of no legal effect.
1.3 Entire reemen
1.3.1 This Agreement embodies the entire agreement between the Parties and supersedes
any prior understanding or agreement between the Parties relating to the subject
matter hereof and in existence at the date of execution of this Agreement.
1.4 Severability
1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties
or to any Persons or circumstances, is to any extent invalid or unenforceable, the
remainder of this Agreement, and the application of such term or condition to the
Parties, Persons or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby.
1.5 Priority of Documents
1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement
and the Schedules, the main body of this Agreement shall govern over the Schedules.
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Page 17
1.5.2 In the event of a conflict or inconsistency between any provisions in the Request for
Proposal and the Proposal, the Request for Proposal shall govern over the Proposal.
1.6 Headings and Grammatical Variations
1.6.1 The headings in this Agreement are for convenience of reference only, and shall not
affect the construction or interpretation of this Agreement.
1.6.2 Grammatical variations of any terms defined in this Agreement shall, unless the
context otherwise requires, have similar meaning to such defined terms; words
importing numbers include the singular and the plural.
1.7 Notices
1.7.1 Notices shall be in writing and shall be delivered by courier, personal delivery or
facsimile and shall be addressed to, in the case of service upon the City, the City
Address to the attention of the Common Clerk or, in the case of service upon
Maritime, to Maritime Address to the attention of Maritime Representative.
1.7.2 Notices shall be deemed to have been given in the case of courier, personal delivery
or facsimile, one (1) Business Day after such notice is received by the other Party. In
the event of a courier disruption, notices must be given by personal delivery or by
facsimile. Unless the Parties expressly agree in writing to additional methods of
notice, notices may only be provided by the methods contemplated in this
subsection.
1.8 Governing Law
1.8.1 This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick and the federal laws of Canada applicable therein.
1.9 Modification and Amendments
1.9.1 This Agreement may not be modified or amended except by an instrument in
writing signed by the Parties hereto or by their successors or permitted assigns.
1.10 Enurement
1.10.1 This Agreement shall extend to, be binding upon and enure to the benefit of the
Parties and their respective successors and permitted assigns.
1.11 Approval
1.11.1 Wherever the provisions of this Agreement require or provide for an Approval by
any Party of or to any action, Person or other matter contemplated by this
Agreement, this Agreement shall be deemed to provide that:
1.11.1.1 Such request for Approval shall be in writing and shall:
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Page 18
1.11.1.1.1 contain or be accompanied by any documentation or
information required for such Approval in reasonably
sufficient detail, as determined by the party receiving
the request, acting reasonably;
1.11.1.1.2 clearly set forth the matter or matters in respect of
which such Approval is being sought;
1.11.1.1.3 form the sole subject matter of the correspondence
containing such request for Approval; and,
1.11.1.1.4 clearly state that such Approval is being sought;
1.11.1.2 Such Approval shall be in writing;
1.11.1.3 Such Approval shall not be unreasonably or arbitrarily withheld or
delayed (unless the text hereof expressly states that such Approval
may be unreasonably or arbitrarily withheld or shall be subject to the
sole and /or absolute discretion of any Party); and
1.11.1.4 Any Dispute as to whether or not such Approval has been
unreasonably withheld or delayed shall be referred to Dispute
Resolution.
2.0 GENERAL AND TERM
2.1 General
2.1.1 The City hereby agrees to retain Maritime to provide the City with the Services and
Maritime hereby agrees to provide the Services to the City, all in accordance with
the terms and conditions of this Agreement.
2.1.2 Maritime shall carry out the Services in accordance with the Request for Proposal
and the Proposal and any other written clarifications) or addendum(s) thereof that
has or have been requested and, provided and agreed to by the Parties to this
Agreement.
2.2 Term
2.2.1 This Agreement shall commence on the 22nd day of June, 2013 until the 2nd day of
September, 2013 at 5:45 p.m., unless sooner terminated or extended as otherwise
provided by this Agreement.
2.2.2 Subject to subsections 2.2.3, 2.2.4 and 2.2.5, this Agreement shall fully end and
expire forty-five (45) calendar days after Common Council's approval of the 2014
operating budget (the "Expire Date - 2013 "), unless this Agreement is renewed for
the 2014 season. In the event that Common Council renews this Agreement for the
2014 season, the renewal Agreement shall fully end and expire forty -five (45)
calendar days after Common Council's approval of the 2015 operating budget (the
"Expire Date - 2014 "), unless this Agreement is renewed for the 2015 season.
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Pag-- 19
2.2.3 Subject to subsections 2.2.4 and 2.2.5, unless otherwise terminated in accordance
with section 10.0, this Agreement shall be automatically renewed on a year to year
basis for one (1) additional season for the year 2014 and for one (1) additional
season for the year 2015 unless at least sixty (60) calendar days after Common
Council's approval of the 2014 operating budget or 2015 operating budget, as the
case may be, the City gives written notice to Maritime that such party wishes to
terminate this Agreement, in which event the Agreement shall be terminated at the
end of the respective term, and the provisions of section 10.0 shall apply.
2.2.4 In the event that this Agreement is automatically renewed for the 2014 season, the
Parties agree that this Agreement shall continue in full force and effect on the same
terms and conditions of this Agreement, except that the fees for the Services for the
2014 season shall be those fees quoted in the Proposal at $85,250.00 (excluding
HST /GST). For greater certainty, should a Dispute arise over the fees for the
Services for the 2014 season, the matter shall be referred to Dispute Resolution.
2.2.5 In the event that this Agreement is automatically renewed for the 2015 season, the
Parties agree that this Agreement shall continue in full force and effect on the same
terms and conditions of this Agreement, except that the fees for the Services for the
2015 season shall be those fees quoted in the Proposal at $88,250.00 (excluding
HST /GST). For greater certainty, should a Dispute arise over the fees for the
Services for the 2015 season, the matter shall be referred to Dispute Resolution.
2.2.6 The renewal agreement for the 2014 season shall commence on the 21st day of June,
2014 until the 15t day of September, 2014 at 5:45 p.m., unless sooner terminated or
extended as otherwise provided by this Agreement.
2.2.7 The renewal agreement for the 2015 season shall commence on the 27th day of June,
2015 and shall fully end and expire on the 7th day of September, 2015 at 5:45 p.m.
(the "Expiry Date - 2015 "), unless sooner terminated as otherwise provided by this
Agreement.
3.0 STATUS OF PARTIES
3.1 Capacity of Parties
3.1.1 The Parties represent and warrant that they have the full right, power and authority
to enter into this Agreement and there is no Agreement with any other Person
which would in any way interfere with the rights of the Parties under this
Agreement.
3.2 Authority of Representatives
3.2.1 The Parties represent that their respective representatives have the authority to
legally bind them to the extent permitted by Applicable Laws.
3.3 No Partnership. Agency etc,
3.3.1 Maritime shall have no power or authority to bind the City or to assume or create
any obligation or responsibility, express or implied, on behalf of the City. Maritime
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shall not hold itself out as an agent, partner or employee of the City. Nothing in this
Agreement shall have the effect of creating an employment, partnership or agency
relationship between the City and Maritime (or any of Maritime's directors, officers,
employees, agents, partners, affiliates or Subcontractors).
3.4 Acts and Omissions
3.4.1 Maritime acknowledges and agrees that it is liable for the acts and omissions of its
directors, officers, employees, agents, partners, affiliates and Subcontractors.
3.4.2 This section 3.4 is in addition to and not in derogation of any and all of Maritime's
liabilities under this Agreement and under the general application of Applicable
Laws.
3.4.3 Maritime shall advise those individuals and entities, for whom it is responsible of its
obligations under this Agreement and, without limiting the generality of the
foregoing, shall take all appropriate action to ensure compliance with this
Agreement.
3.4.4 In addition to any other liabilities of Maritime pursuant to this Agreement or
otherwise at law or in equity, Maritime shall be liable for all Claims arising from any
breach of this Agreement resulting from the actions of the above mentioned
individuals and entities.
3.5 Assignment
3.5.1 Maritime shall not assign the whole or any part of this Agreement or any monies due
under it without the prior written consent of the City, which may be arbitrarily
withheld. Such consent shall be in the sole discretion of the City and subject to the
terms and conditions that may be imposed by the City.
4.0 PERFORMANCE BY MARITIME
4.1 Commencement of Performance
4.1.1 Maritime shall commence the Services on the dates and times as follows:
(a) Starting on June 22, 2013 at 10:45 a.m. at Little River Reservoir and
Dominion Park beaches; and
(b) Starting on June 22, 2013 at 11:00 a.m. at Lily and Fisher Lakes
beaches.
4.2 Performance Warranty
4.2.1 Maritime hereby represents and warrants that the Services shall be provided fully
and diligently in a professional and competent manner by Lifeguards qualified and
skilled in their occupations and furthermore that all Services will be provided in
accordance with:
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(a) This Agreement;
(b) Good Industry Practice; and
(c) Applicable Laws.
If any of the Services, in the opinion of the City, are inadequately provided or require
corrections, Maritime shall forthwith make the necessary rectification or
corrections, at its own expense, as specified by the City in a rectification notice.
4.3 No Waiver
4.3.1 Any failure by the City to insist in one or more instances upon strict performance by
Maritime of any of the terms or conditions of this Agreement shall not be construed
as a waiver by the City of its right to require strict performance of any such terms or
conditions, and the obligations of Maritime with respect to such performance shall
continue in full force and effect.
5.0 SERVICES BY MARITIME
5.1 Responsibilities and Obligations of Maritime
5.1.1 Maritime shall perform the Services, at all Beaches, asset out in this Agreement, the
Request for Proposal and Proposal, and shall ensure that their Lifeguards, without
limitation, will:
(a) Intervene to prevent injuries in and around the aquatic environment;
(b) Foster a good public image and adhere to professional standards;
(c) Meet responsibilities of varying importance in their role as lifeguards
which include to themselves, to those they protect, to fellow beach
staff, to the City, and to all Beaches;
(d) Meet or exceed their responsibility to the City by promoting a positive
and professional attitude, appearance, and behaviour, at all times;
(e) Meet or exceed their responsibility to those under their protection by
giving them the diligent and constant supervision expected both
morally and legally. As well, they must create a friendly and positive
beach experience through public relations skills; and
(f) Meet or exceed their responsibility towards the beach environment by
upholding Applicable Laws as far as possible within their role as
Lifeguards.
5.1.2 Maritime shall perform these Services under the general direction and control of
Parks and Public Spaces Representative.
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5.1.3 Maritime, at its own expense, shall be responsible for all uniforms of the Lifeguards
5.1.4 Maritime, at its own expense, shall be responsible for all Safety and Rescue
Equipments including telecommunication and radio communication devices. All
appropriate equipment is to be placed in a ready function and checked to ensure
proper working order on a daily basis, at all Beaches.
5.1.5 Maritime shall be responsible to provide a written report on any hazardous
conditions, injury, accident or illness related to the Beaches, beach users, or the
general public, as soon as possible to the Parks and Public Spaces Representative.
5.1.6 Maritime shall ensure the appropriate safety supervision staffing levels are chosen
depending on the number of daily swimmers, and at least one person on staff, daily,
at one of the Beach location, will be fluently bilingual in the English and French
languages, and may be contacted in case of an emergency, by telephone or walkie
talkie.
5.1.7 Maritime shall ensure that all Lifeguards are positioned in a place that allows
effective surveillance of the entire swimming area.
6.0 SERVICES BY THE CITY
6.1 Responsibilities and Obligations of the Ci,ly
6.1.1 The City, at its own expense, through Parks and Public Spaces, shall provide the
following items, on all Beaches, on the 22nd day of June, 2013, and will pick up the
said items, on or after the 2nd day of September, 2013 as follows:
(a) Lifeguard(s) chair(s) [number to be determined by Parks and Public
Spaces];
(b) Signage which include beach hours, lifeguard on /off duty and beach
rules;
(c) Access to locked storage area of equipment;
(d) Shelter and toilet facilities for Lifeguards and the general public;
(e) Keys for various Beaches; and
(f) Shovels [number to be determined by Parks and Public Spaces].
6.1.2 In the event that this Agreement is renewed for the 2014 season, the City, at its own
expense, through Parks and Public Spaces, shall provide the items listed in
subsections 6.1.1 (a) to (f), on all Beaches, on the 21St day of June, 2014, and will
pick up the said items, on or after the 1st day of September, 2014.
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6.1.3 In the event that this Agreement is renewed for the 2015 season, the City, at its own
expense, through Parks and Public Spaces, shall provide the items listed in
subsections 6.1.1 (a) to (f), on all Beaches, on the 27th day of June, 2015, and will
pick up the said items, on or after the 7th day of September, 2015.
6.1.4 The City, at its own expense, through Parks and Public Spaces, shall be responsible
to arrange physical maintenance of the Beaches including grass cutting, sand
quality, and garbage pickup, and ensuring with the supplier, the cleanness of
portable toilets, or any other additional maintenance and upkeep of the Beaches as
agreed between the City and Maritime.
7.0 PAYMENT FOR SERVICES
7.1 Fees
7.1.1 Subject to Maritime's compliance with the provisions of this Agreement, the City
shall pay Maritime for the Services under this Agreement, the fees as described in
the following section 7.1.
7.1.2 For the 2013 season, the City shall pay Maritime an amount of $120,301.99 plus
HST /GST payable as per the following payment schedule:
"Payment Schedule — 2013 ":
I Payment Dates Amounts
June 3, 2013 $30,075.49 plus HST /GST
July 2, 2013 $30,075.50 plus HST /GST
August 1, 2013 $30,075.50 plus HST /GST
September 2, 2013 ' $30,075.50 plus HST /GST
7.1.3 In the event that Common Council renews this Agreement for the 2014 season, the
fees for the Services shall be payable in accordance with the following payment
schedule:
265
"Payment Schedule - 2014 ":
Payment Dates
June 2, 2014
July 2, 2014
August 1, 2014
September 2, 2014
Amounts
$21,312.50 plus HST /GST
$21,312.50 plus HST /GST
$21,312.50 plus HST /GST
$21,312.50 plus HST /GST
1 -1 a2 �L, 114
7.1.4 In the event that Common Council renews this Agreement for the 2015 season, the
fees for the Services shall be payable in accordance with the following payment
schedule.
"Payment Schedule - 2015 ":
Payment Dates
June 1, 2015
July 2, 2015
August 4, 2015
September 1, 201
Amounts
{ $22,062.50 plus HST /GST
i $22,062.50 plus HST /GST
$22,062.50 plus HST /GST
5 j $22,062.50 plus HST /GST
7.1.5 There shall be no other charges payable by the City under this Agreement to
Maritime other than the aforementioned amounted noted in subsections 7.1.2, 7.1.3
and 7.1.4 unless such charges and /or rates are first authorized by the City.
7.2 Change Requests
7.2.1 The City or Maritime may, without invalidating this Agreement, at any time during
the Term, submit a Change Request to the other Party. Either Party shall approve all
reasonable Change Requests by the other Party in accordance with the terms and
conditions of this Agreement.
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Page 115
7.2.2 If either Party is unable to Approve a Change Request, it shall promptly notify the
other Party and provide reasons setting out why it cannot approve such Change
Request. In no event shall any such Change Request be deemed to have been
Approved and its terms and conditions incorporated into this Agreement until the
other Party has signified its acceptance of the Change Request in writing.
7.3 Notice of Change
7.3.1 The City shall promptly notify Maritime in writing if the City considers that any
notice, direction, requirement, request, correspondence, or other fact, event, or
circumstance comprises, requires, or results in a change to the cost of the fees for
the Services, and except with respect to insurances obtained and maintained by
Maritime with respect to the Services or Maritime's operations, shall seek
instructions as to whether to proceed to implement such change which will impact
the fees for the Services (the "Notice of Change ").
7.4 Pricing for Changes
7.4.1 Where a Party's Change Request includes an increase or decrease in the scope of the
previously contemplated fees for the Services, Maritime shall set out, in a Notice of
Change, the proposed costs for the contemplated changes. The costs for and in
respect of such changes shall be agreed to between the Parties, acting reasonably,
within a reasonable period of time and in no event shall any such Change Request,
other than a Notice of Change with respect to insurances obtained and maintained
by Maritime for the Services or Maritime's operations, be deemed to have been
Approved and its terms and conditions incorporated into this Agreement until each
Party has signified its acceptance of the Change Request in writing.
7.4.2 The Parties acknowledge that any Change Request must be approved by (i) Common
Council or (ii) the City Manager and Maritime Representative where the costs of
such Change Request have been budgeted and approved by Common Council for
each such Season.
8.0 INSURANCE
8.1 Liability Insurance
8.1.1 Maritime, at no expense to the City, shall obtain and maintain in full force and effect
during the term of this Agreement, a policy of insurance with the following
minimum limits of liability:
(a) Commercial general liability insurance against claims for bodily injury
(including death), property damage, including loss of use of property
without physical damage, and personal injury. This insurance shall
cover injury, loss or damage arising out of all operations and activities
under this Agreement by Maritime or any other Persons, or any other
work or services under this Agreement on behalf of Maritime. This
insurance shall be written on an occurrence basis and shall provide
coverage for premises, operations, broad form property damage,
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V'age 116
contractual Iiability, employer's liability and non -owned automobile
insurance and shall include cross liability and severability of interests
provisions with respect to insureds under the policy or policies. The
policy or policies shall include the City, as an additional insured with
respect to liabilities arising out of the operations and activities on
behalf of Maritime under this Agreement. This insurance may be
organized as any combination of primary, umbrella and /or excess
liability insurance and shall be subject to a limit of not less than two
million dollars ($2,000,000.00) any one accident or occurrence
subject to a general aggregate limit of not less than two million dollars
($2,000,000.00) any one annual period.
8.1.2 The policy of insurance required in subsection 8.1.1 must provide that the coverage
shall stay in force and not be amended, cancelled or allowed to lapse without thirty
(30) calendar days prior written notice being given to the City. The aforesaid
insurance coverage must remain in full force and effect during the Term of this
Agreement.
8.1.3 If applicable, Maritime shall obtain and maintain in full force and effect during the
Term of this Agreement, coverage from the WorkSafeNB.
8.1.4 Maritime shalt submit to the City satisfactory evidence of having obtained the
insurance coverage required and shall submit a copy of such policy as well as
current coverage from the WorkSafeNB forthwith to the City upon execution of this
Agreement.
8.1.5 Nothing in this section 8.0 shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which the
Maritime may be held responsible for payments of damages to Persons or property.
9.0 lINDEMNITY
9.1 Indemnification
9.1.1 Subject to subsection 9.1.2 hereof, but notwithstanding any other sections,
subsections, or paragraphs herein, Maritime shall indemnify and save harmless the
City from all Claims by whomsoever claimed, made, brought or prosecuted in any
manner and whether in respect of property owned by others or in respect of
damage sustained by others based upon or arising out of or in connection with the
performance of this Agreement or anything done or purported to be done in any
manner hereunder, but only to the extent that such Claims are attributable to and
caused by Maritime's negligence, errors or omissions.
9.1.2 In no event shall Maritime be obligated to indemnify the City in any manner
whatsoever in respect of any Claims caused by the negligence of the City, or any
Person for whom the City is responsible.
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10.0 TERMINATION
10.1 Termination
10.1.1 The City may immediately terminate this Agreement upon giving notice to Maritime
where:
(a) Maritime makes an assignment for the benefit of its creditors, is
declared bankrupt or commits an act of bankruptcy, becomes
insolvent, makes a proposal or otherwise takes advantage of
provisions for relief under the Bankruptcy and Insolvency Act
(Canada) or similar legislation in any jurisdiction, or any other type
of insolvency proceedings being commenced by or against Maritime
under the Bankruptcy and Insolvency Act (Canada) or similar
legislation;
(b) Maritime breaches any material provision of this Agreement;
(c) In the City's reasonable opinion, Maritime prior to or after executing
this Agreement, makes a material misrepresentation or omission or
provides materially inaccurate information to the City;
(d) Maritime undergoes a change of control which, in the reasonable
opinion of the City, adversely affects Maritime's ability to satisfy
some or all of its obligations under this Agreement;
(e) Maritime subcontracts for the provision of part or all of the Services
or assigns this Agreement without first obtaining the Approval of the
City;
(f) In the City's reasonable opinion, Maritime's acts or omissions
constitute a substantial breach of Maritime's obligations under this
Agreement; or
(g) Maritime fails to perform any other obligation under this Agreement
and such failure to perform continues for ten (10) calendar days
following Maritime's receipt of written notice from the City.
The above rights of termination are in addition to all other rights of
termination available at law, or events of termination by operation of
Applicable Laws.
10.2 Termination on Notice
10.2.1 The City reserves the right to terminate this Agreement, without cause, upon thirty
(30) calendar days' prior written notice to Maritime.
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Page 118
10.3 Obligations on Termination
10.3.1 Maritime shall, following the giving of a notice of termination by the City hereunder
or upon expiry of the Term, in addition to its other obligations under this Agreement
and at law:
(a) Provide the City with a report detailing:
(i) any information requested by Parks and Public Spaces
Representative pertaining to the provisions and
performance of this Agreement;
(b) Execute such documentation as may be required by the City to give
effect to the termination of this Agreement; and
(c) Comply with any other instructions provided by the Parks and Public
Spaces Representative, the City Manager, or Common Council.
10.4 Payment upon Termination
10.4.1 Without limiting the generality of section 10.0, Maritime shall indemnify the City for,
and hold it harmless against, all additional costs, charges and expenses incurred by
the City as a consequence of a breach by Maritime of its obligations hereunder,
including without limitation, all costs incurred by the City in connection with the
operation and maintenance of the Beaches relating to the Services.
10.5 Rights and Remedies
10.5.1 The express rights of termination in this Agreement are in addition to and shall in
no way limit any rights or remedies of the City under this Agreement or Applicable
Laws or otherwise, at law or in equity.
11.0 DISPUTE RESOLUTION
11.1 Dispute Resolution Procedure
11.1.1 The Parties shall attempt to negotiate all Disputes in good faith.
11.1.2 In the event the Parties are unable through good faith negotiations to mutually
resolve any Dispute, controversy or claim arising out of, in connection with, or in
relation to the interpretation, performance or breach of this Agreement, such
Dispute, controversy or claim shall be referred to Dispute Resolution in accordance
with Schedule 3.
11.2 Retention of Rights
11.2.1 It is agreed that no act by either Party shall be construed as a renunciation or waiver
of any rights or recourses provided the Party has given the notices required under
section 11.0 and has carried out the instructions as provided in this section.
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11.2.2 Nothing in section 11.0 shall be construed in any way to limit a Party from asserting
any statutory right to a lien under applicable lien legislation of the jurisdiction of
New Brunswick and the assertion of such right by initiating judicial proceedings is
not to be construed as a waiver of any right that Party may have under section 11.1
to proceed by way of arbitration to adjudicate the merits of the claim upon which
such a lien is based.
12.0 GOVERNING RE ONS
12.1 Laws and Notices
12.1.1 Maritime shall give the required notices and comply with all Applicable Laws which
are or become in force during the performance of the Services and which relate to
the Services, to the preservation of the public health, and to public safety.
12.1.2 If Maritime fails to notify the Parks and Public Spaces Representative in writing,
fails to obtain direction as required in subsection 12.1.1, and performs work and /or
Services knowing it to be contrary to any Applicable Laws, Maritime shall be
responsible for and shall correct the violations thereof and shall bear the costs,
expenses, and damages attributable to the failure to comply with the provisions of
such Applicable Laws.
13.0 MISCELLANEOUS
13.1.1 The Parties and each of them shall at all times and from time to time hereafter and
upon every reasonably written request to do so, make, do, execute, deliver or cause
to be made, done, executed and delivered all such further acts, deeds, assurances
and things as may be required to more effectively implement and carry out the true
intent and meaning of this Agreement.
13.1.2 This Agreement may be executed in any number of counterparts. Any Party may
send a copy of its executed counterpart to the other Party hereto by facsimile
transmission or by electronic mail instead of delivering a signed original copy of
such counterpart. Each executed counterpart (including each copy sent by facsimile
transmission or electronic mail) shall be deemed to be an original and all such
executed counterparts taken together shall constitute one and the same agreement,
and notwithstanding the date of execution shall be deemed to bear the same date as
written above on this Agreement.
13.1.3 Each Party acknowledges receipt of a true copy of this Agreement.
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age 120
IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed by
the City of Saint John has caused this Agreement to be executed in its corporate name in the
manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments
thereto and Maritime Daytripping Inc., has caused its corporate seal to be affixed as of the
day and year first above written.
SIGNED, SEALED & DELIVERED
In the presence of:
272
THE CITY OF SAINT JOHN
Me] Norton, Mayor
Jonathan A. Taylor,
Common Clerk
Common Council Resolutions:
April 29, 2013 and [• Enter Resolution]
MARITIME DAYTRIPPING INC.
Robert George Lemmon, President
I have authority to bind Maritime
Page 121
PROVINCE OF NEW BRUNSWICK
COUNTY OF YORK
I, Robert George Lemmon, of the City of Fredericton and Province of New
Brunswick, MAKE OATH AND SAY:
1. That I am the President of the service provider named in the foregoing instrument
and am duly authorized to make this affidavit and have personal knowledge of the
matters hereinafter deposed to.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of MARITIME DAYTRIPPING INC., is the corporate seal of the said
Maritime Daytripping Inc., a party named in the foregoing instrument and it was
affixed by the officer authorized to so affix the seal.
3. THAT the signature "Robert George Lemmon" subscribed to the said instrument is
my signature and as President I am duly authorized to execute the said instrument.
4. That the said document was executed as aforesaid at Fredericton in the Province of
New Brunswick on the day of May, 2013.
SWORN TO before me at )
Fredericton, in the )
Province of New Brunswick )
the day of May, )
2013. )
Robert George Lemmon
Commissioner of Oaths, )
273
Lifeguard Services Agreement
SCHEDULE 1
Schedule 1
REQUEST FOR PROPOSAL ISSUED ON FEBRUARY 4.2013
274
Lifeguard Services Agreement
Schedule 2
SCHEDULE 2
PROPOSAL DATED FEBRUARY 20 2013
275
Lifeguard Services Agreement
SCHEDULE 3
DISPUTE RESOLUTION PROCEDURE
A. Referral to Senior Management
Schedule 3
All Disputes arising out of, or in connection with, this Agreement, or in respect of
any legal relationship associated with or derived from this Agreement shall within
two (2) Business Days be referred for resolution to the City Manager and Maritime
Representative.
2. If the City Manager and Maritime Representative are not able to resolve the Dispute
referred to them under this section A within seven (7) Business Days following such
referral, the matter shall be referred for resolution by way of mediation upon the
willingness of all Parties.
B. Mediation
3. Despite an agreement to mediate, a Party may apply to a court of competent
jurisdiction or other competent authority for interim measures of protection at any
time.
4. If the Parties resolve to mediate the Dispute referred to them under subsection B.3,
the Parties shall invoke the following mediation process:
a) Either Party shall immediately declare an impasse and provide written notice
to the other Party within seven (7) Business Days thereof (or such other
period as the Parties mutually prescribe) declaring that such party wishes to
proceed to mediation and setting out in reasonable detail the issue(s) to be
resolved, the proposed time and a list of at least three (3) and not more than
five (5) proposed mediators. Each of the proposed mediators shall be an
individual:
(i) with at least ten (10) years' experience working in an executive
capacity or representing clients in the area of public disputes and /or
the related field of the Dispute, and
(ii) unless otherwise agreed by the Parties, with no prior connection,
affiliation or other formal relationship with either Party.
b) Upon receipt of such notice, the notified parties shall have two (2) Business
Days to select one (1) of the proposed mediators as the mediator, failing
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Page 12
which the Party providing notice shall select one (1) of its proposed
mediators as the mediator. Within seven (7) Business Days following
selection of the mediator the matter shall be heard by the mediator.
c) The mediator shall be entitled to establish his or her own practices and
procedures. The Parties shall co- operate fully with the mediator and shall
present its case to the mediator orally and /or in writing within (10) Business
Days following the mediator's appointment. The mediation shall not be in the
nature of arbitration as contemplated by the Arbitration Act (1992), New
Brunswick, and the mediator's decision shall not be binding upon the Parties
but shall be considered as a bona fide attempt by the mediator to judiciously
resolve the Dispute. The decision of the mediator shall be rendered in a
written report, not to exceed two (2) pages in length, delivered to the Parties
within (10) Business Days following the last of such presentations. The fees
of the mediator shall be shared equally by the Parties.
5. The mediation shall be terminated:
a) By the execution of a settlement agreement by the Parties; or
b) By a written declaration of one of the Party that the mediation is terminated;
or
C) By a written declaration by the mediator that further efforts at mediation
would not be useful.
6. The place of mediation shall be the City of Saint John and Province of New
Brunswick.
C. Arbitration
7. In the event that the Parties are unwilling to mediate their Dispute or that the
Dispute between the Parties remain unresolved after mediation has been attempted
in good faith, then either the City or Maritime, upon written notice to the other
Party, may refer the Dispute for determination to a Board of Arbitration consisting
of three (3) persons, one (1) chosen by and on behalf of the City, one (1) chosen by
and on behalf of Maritime, and the third chosen by these two persons. Each of the
proposed arbitrators shall be an individual with at least ten (10) years' experience
working in an executive capacity or representing clients in the area of public
disputes and /or the related field of the Dispute.
8. In case of failure of the two arbitrators appointed by the Parties hereto to agree
upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the
Court of Queen's Bench of New Brunswick.
9. No one shall be appointed or act as arbitrator who is in any way interested,
financially or otherwise, in the conduct of the work or in the business or other
affairs of any of the Parties.
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page 13
10. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the
Board of Arbitration, upon such terms and conditions as are deemed by it to be
appropriate, may allow a Party to amend or supplement its claim, defence or reply
at any time prior to the date at which the Parties have been notified of the
arbitration hearing date, unless the Board of Arbitration considers the delay in
amending or supplementing such statements to be prejudicial to a Party. The Board
of Arbitration will not permit a Party to amend or supplement its claim, defence or
reply once the arbitration hearing has been scheduled.
11. The Board of Arbitration may encourage settlement of the Dispute and, with the
written agreement of the Parties, may order that mediation, conciliation or other
procedures be used by the Parties at any time during the arbitration proceedings to
encourage settlement.
12. If, during the arbitration proceedings, the Parties settle the Dispute, the Board of
Arbitration shall, upon receiving confirmation of the settlement or determining that
there is settlement, terminate the proceedings and, if requested by the Parties,
record the settlement in the form of an arbitration award on agreed terms.
13. Subject to subsection C.14, any determination made by the Board of Arbitration
shall be final and binding upon the Parties and the cost of such determination shall
be apportioned as the Board of Arbitration may decide.
14. Any Party may appeal an arbitration decision to The Court of Queen's Bench of New
Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question
of mixed fact and law.
15. The place of arbitration shall be the City of Saint John and Province of New
Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall
apply to the arbitration.
278
Planning
Advisory Committee
May 23, 2013
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Street Vesting
40 & 42 Loch Lomond Road
City of Saint John
The Planning Advisory Committee considered the attached report at its May 22,
2013 meeting. Curtis Langille of Real Estate Services appeared on behalf of the
City in support of the application and staff recommendation. There were no other
presentations made at the meeting concerning this matter, and no letters were
received from surrounding property owners.
After considering the matter, the Committee resolved to adopt the staff
recommendation, which is set -out below for your convenience. The Committee
also granted the variance relating to lot area for the property at 42 Loch Lomond
Road.
RECOMMENDATION:
That Common Council assent to the attached photo- reduced 516111 N.B. Ltd. &
640108 N.B. Ltd. Subdivision plan that would vest approximately 33 square
metres of land as part of the Loch Lomond Road public street right -of -way.
Respectfully submitted,
Morgan Lanigan
Chair
KEG
Project No. 13 -079
279
aw
4
� a
The (3ty of Saint John
DATE: MAY 17, 2013
TO: PLANNING ADVISORY COMMITTEE
FROM.: COMMUNITY PLANNING & DEVELOPMENT SERVICE
GROWTH & COMMUNITY DEVELOPMENT SERVICES
FOR: MEETING OF MAY 22, 2013
PREPARED BY:
TIf
C)%
Mark O'Hearn
Planning Officer
SUBJECT:
REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Name of Applicant: City of Saint John (Real Estate Services)
Name of Owner: 640108 N.B. Ltd. & 516111 N.B. Ltd.
Location: 40 & 42 Loch Lomond Road
PID: 00316125 & 55163422
Municipal Plan: Commercial Corridor
Zoning: "B -2" General Business
Proposal: To vest two narrow parcels of land in order to widen a public street
right -of -way.
Type of Application: Subdivision and Variance that would reduce the minimum lot area
requirement of 690 square metres to approximately 538 square
metres.
lea
tiAlNT 101IN
P.O. Box 1971 Saii it John, N� Canada EAAb wwwsaingohn.ca C.P. 1971 Mint: lohn, N. B. 1—..snida E2L- L1
City of Saint John (Real Estate Services) Page 2
40 & 42 Loch Lomond Road May 17, 2013
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning By -law. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council assent to the attached photo - reduced 516111 N.B. Ltd. & 640108 N.B.
Ltd. Subdivision plan that would vest approximately 33 square metres of land as part of the Loch
Lomond Road public street right -of -way.
2. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By-
law that would reduce the minimum lot area requirement of 690 square metres to approximately
538 square metres for the property at 42 Loch Lomond Road (PID No. 55163422).
INPUT FROM OTHER SOURCES:
Bell Aliant, Rogers, and Saint John Energy have been advised of this application.
Infrastructure Development Service has no objection to the proposed variance and supports the street
vesting.
Inspection & Enforcement Service has been advised of this matter.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns with
regards to this proposal.
ANALYSIS:
The subject site is situated on the south side of Loch Lomond Road between the intersections of Leaman
Court and Westmorland Street (see attached location map). The area is comprised of two separately
developed properties: a convenience store (Kanes Corner Convenience) at 40 Loch Lomond Road and a
multiple residential building at 42 Loch Lomond Road.
Real Estate Services of the City of Saint John has submitted an application seeking permission to vest a
narrow strip of land along the frontage of these subject properties. The attached tentative subdivision
plan illustrates the proposed street vesting, which involves 19 square metres of land from the property at
40 Loch Lomond Road and 14 square metres of land from the property at 42 Loch Lomond Road.
281
City of Saint John (Real Estate Services) Page 3
40 & 42 Loch Lomond Road May 17, 2013
The vesting of these two parcels of land into the Loch Lomond Road public street right -of -way will
facilitate the construction of a new sidewalk planned later this year, which is part of the reconstruction
work along this portion of Loch Lomond Road associated with the One Mile Interchange project. An
existing sidewalk is already located in the area of the street vesting.
The property at 42 Loch Lomond Road has a multiple residential building containing five dwelling
units. The Zoning By -law requires a minimum lot area of 690 square metres. However, this property
presently only has an area of 552 square metres, and in order to slightly reduce the area of this property
for the street vesting a variance is required from the zone standard.
The above - mentioned lot area reduction is considered insignificant and will not appreciably change the
manner that this property has been developed and maintained (i.e., landscaped). Therefore, approval of
the proposed street vesting and the granting of this variance is recommended under the circumstances.
MO
Project No. 13 -679
282
PLANNING AND DEVELOPMENT1URBANISME ET DEVELOPPEMENT
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Location: 40 & 42, ch. Loch Lomond Rd.
Date: April 23 avril 2013
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Heritage Development Board P. O. Box 1971 506 658 -2835
Saint John, NB 506 658 -2837 (fax)
Canada E2L 4L1 planning @saintjohn.ca
May 16, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
On behalf of the Heritage Development Board, I would like to extend our thanks and
appreciation to the anonymous donor who has provided funds to refurbish the Kings' Square
bandstand, and to Council, for accepting this generous offer.
A member of the board has kindly provided a brief history of the bandstand which illustrates its
place in the history of the City and reminds us of the often unique, one of a kind structures, that
our community can continue to appreciate.
The King Edward VII Memorial Bandstand, completed in 1908, was presented as a gift to
the City of Saint John by the City Coronet Band. The band, formed in 1847, was largely
composed of Irish Catholic musicians. The City Coronet Band remained one of Saint
John's foremost marching bands for ahnost 140 years, until its dissolution in 1986. The
only other such two -tier bandstand in existence is located in Santiago, Chile. Ours is
almost certainly among the largest of such memorial bandstands. It features a lower level
fountain and copper roof, with wood construction and wrought iron fittings. As a tribute
to the bandstand's benefactors, the structure was once surmounted by a cornet.
We are always grateful to the property owners in our heritage conservation areas who protect and
prolong the life of our built heritage for future generations. It is particularly gratifying when a
non -owner steps forward with such a generous donation which will benefit the entire community.
Sincerely,
Leona Laracey
Chair
Heritage Development Board
286
REPORT TO COMMON COUNCIL
M &C2013 -113
May 30, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
o
The City of Saint john
SUBJECT: Contract No. 2013 -10: — Honeysuckle / Sherbrooke Drainage Basin Storm
Sewer Improvements Phase I
BACKGROUND
The drainage basin encompassing the Honeysuckle Drive and Sherbrooke Street area of the West
Side comprises a drainage catchment of 100 +Ha. The basin is bounded by Manawagonish Road,
Main Street West, Lancaster Avenue and Sand Cove Road. Sanitary sewer flows, natural runoff
and piped storm water are directed by gravity downward into a relatively flat area at the bottom
of the slopes. These waters then flow westward parallel to the Throughway (Route #1) toward
the Lancaster Wastewater Treatment Plant (WWTP). Storm water is carried in Manawagonish
Creek to eventual discharge into the Bay.
The following project was approved in the General Fund Capital Program:
• Honeysuckle Sherbrooke Street Drainage Basin — Culvert #2
TENDER RESULTS
Tenders closed on May 29, 2013 with the following results:
1. Galbraith Construction Ltd., Saint John, NB
2. Keel Construction Ltd., Saint John, NB
3. Gulf Operators Ltd., Saint John, NB
4. Fairville Construction Ltd., Saint John, NB
The Engineer's estimate for the work was $643,400.
287
$520,100.58
$579,827.07
$600,186.07
$647,247.62
M &C2013 -113
May 30, 2013
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects with
the exception of the following:
Tender submitted by Gulf Operators Ltd. contained mathematical errors. The errors were
corrected in accordance with Division 2 — Instructions to Tenderers and Tendering
Procedures, section 2.11 (s)(1) and the corrected results are reported above.
2. Tender submitted by Keel Construction Ltd. contained a mathematical error and a
conflict between the written and numerical unit bid price. The mathematical error and
conflict between written and numerical unit bid price were corrected in accordance with
Division 2 — Instructions to Tenderers and Tendering Procedures, section 2.11(s)(i) and
2.11(s)(ii), respectively. The corrected results are reported above.
3. The Terraex Inc. tender was rejected by the Tender Opening Committee for failure to bid
all items in the tender documents in accordance with General Specifications Division 2 —
Instructions to Tenderers and Tendering Procedures section 2.8.03 c).
Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform
the work, and recommend acceptance of their tender. It is anticipated (subject to contractor
schedules) that construction of this project will commence in early June 2013 and finish in late
September 2013.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the General Fund Capital Program.
Assuming award of the Contract to the low tenderer, an analysis has been completed which
includes the estimated amount of work that will be performed by the Contractor and others.
The analysis is as follows:
Budget $3,325,000.00
Project net cost $504,353.58
Variance (Surplus) $2,820,646.42
The surplus budget indicated above is currently approved for Phase II and Phase III of the
Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements project which will be
tendered in the month of June 2013 subject to finalizing easement acquisitions and Highway
Usage Permits (HUP).
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
288
M &C2013 -113
May 30, 2013
Page 3
RECOMMENDATION
It is recommended that Contract 2013 -10: Honeysuckle /Sherbrooke Drainage Basin Storm Sewer
Improvements Phase I be awarded to the low Tenderer, Galbraith Construction Ltd., at the
tendered price of $520,100.58 (including HST) as calculated based upon estimated quantities,
and further that the Mayor and Common Clerk be authorized to execute the necessary contract
documents.
Respectfully submitted,
Michael Baker, P. Eng.
Municipal Engineer
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment
I
/3 (,
Brian Keenan, P. Eng.
Engineering Manager
A-�� 41-
rock Woods, CGA
Manager
`( f t�'o-
05131/2013 16:19 6584641
A"IMONDS HIGH SCH
1490 Hickey Rd., Saint John, N.B. E2J 4E7
May 31, 2013
PAGE 82/92
Te1:(506) 658 -5367
Fax; (506) 658 -4941
Principal
Gary W. Keating
Vice- Principals
Andrd M. Dumas
'terry N. 1- angille
Jill E. Ecketone
Mayor and Common Council,
I would like to have a Bronze puke of Edinburgh Certificate PresentatlQn on Monday, June 10th
at the beginning of your meeting. There are five special needs students from Simonds High
School. Our Executive Director will give a brief explanation of the program prior to the
presentation.
I can be reached at 658 -2529 or at deborah.adams@nbed.nb,ca
D. Adams
• e]
;it• 1
The city of saint John
June 3, 2013
Deputy Mayor and Councillors
Subject: Committee of the Whole: Expropriation for Portion of Civic #1905 Hickey
Road Safe, Clean Drinking Water Program
The Committee of the Whole, having met on June 3, 2013, adopted the following
recommendation:
Provided that funding is approved by PPP Canada under the P3 Canada Fund for the Safe
Clean Drinking Water Program and upon Common Council approving the commencement of the
procurement process for the Safe Clean Drinking Water Program:
2.
SHIN "OHN
That:
That:
The City Solicitor or his designate be authorized to commence and proceed with
the expropriation process to acquire access and title to the lands required for the
construction and operation of the transmission lines and associated infrastructure
necessary for the proposed adjacent Saint John Public Water Treatment Facility
along the alignment shown generally on the plan prepared by Alan Phinney of
Saint John Water, dated May 29, 2013 a copy of which is attached to M &C 2013-
107; and
Common Council hereby authorizes entry by its employees and by its agents
upon the lands to be expropriated for the construction and operation of
transmission lines and associated infrastructure necessary for the operation of
the proposed adjacent Saint John Public Water Treatment Facility,
The Mayor and Common Clerk be authorized to execute a Notice of Entry
pursuant to the provisions of the Expropriation Act, c. E -14, R.S.N.B. 1973 and
amendments thereto and the regulations thereunder with respect to property
bearing PID number 00334524; such notice to advise that the City, its employees
and its named agents intend to enter the property in question commencing not
earlier than June 4, 2013 and continuing as necessary but in no event later than
March 31, 2014 for the purpose of conducting activity to determine the suitability
of the lands for the purpose of the construction and operation of transmission
lines and associated infrastructure necessary for the operation of the proposed
adjacent Saint John Public Water Treatment Facility; and
i'O.11Jx 1971 Saint Jc:+m, NB Canada Eli_ 42911 %- ,vAv.4aint ;c.hn.ca ' U. 1971 Saint John, :INA. Canada EA 4L7
ii. The City Solicitor or his designate arrange that such Notice of Entry be given in
accordance with the requirements of the Expropriation Act.
Sincerely,
Mel Norton
Mayor
292