The URL can be used to link to this page

2009/11/16COUNCIL MEETING Monday, November 16, 2009 Order of Business and Agenda Package PRAYER: Councillor loannoni COUNCIL MEETING November 16, 2009 ADOPTION OF MINUTES: Council Minutes of November 2 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Business Recognition Awards The following businesses will be recognized for their years of service in the community. Palfinger - 20 Years; Niagara Pattern - 25 Years Nexterra Substructures Incorporated - 25 Years Niagara Industrial Mall= 25 Years International Sew -Right Company - 25 Years Signature Signs 25 Years HOC© Entertainment & Resorts - 50 Years Eckert Machine - 50 Years E.S. Foxe 75 Years Hatch Energy - Acres International Ltd. - 75 Years Background Material: Recommendation Report: PD -2009- 88 -AND - Correspondence from Enbridge Public Meeting 26CD -11- 2009 -04, Draft Plan of Condominium ( Conversion) 6128 Perkins Street ( South Side), West of Portage Road Owner: 775427 Ontario Limited ( Joe DiBiasi) Background Material: Recommendation Report: PD -2009- 89 Background Material: Recommendation Report: PD -2009- 87 -AND- - 2 - PLANNING AN D- -2- PLANNING MATTERS Public Meeting AM- 2009 -019, Zoning By -law Amendment Application 6515 McLeod Road and 6473 & 6483 McLeod Road Applicant: 2100851 Ontario Inc. ( Domenic DiLalla), 1473944 Ontario Limited and Marc Pingue Recognize Existing Apartment & Future Apartment Approval Public Meeting AM- 2009 -002, Zoning By -law Amendment Application Applicant: City of Niagara Falls Part 1- IVlontrose Business Park Part 2 - Update By -law Schedules Illustrating Where Adult Entertainment Parlours and Body Rub Parlours Are Permitted Correspondence from the Ministry of Transportation Correspondence from TransForce Properties Correspondence from Rocky Vacca, Sullivan Mahoney 3 Public Meeting AM- 2009 -020, Zoning By -law Amendment Application Applicant: City of Niagara Falls General Amendments to Zoning By -law No. 79 -200 Background Material: Recommendation Report: PD -2009- 90 Public Mooting Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue Background Material: Recommendation Report: PD- 2009 -86 -AND- Memo from City Clerk MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Chippawa Volunteer Firefighters Association Request for Waiver offf Fees for the Annual Slo -pitch tournament RECOMMENDATION: For the Consideration of Council 2. Great Wolf Lodge - requesting that a Fireworks display be allowed for the hotel guests on December 31st. RECOMMENDATION: For the Approval of Council, subject to providing the appropriate insurance in the form requested by the City. Correctional Service Canada - Communities Responding to Human Needs are requesting November 15 -22, 2009 be proclaimed as " Restorative Justice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council - 4 - Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * * * REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2003 -56 = Municipal Accounts F- 2009 -57 Major Receivables Monthly ( October ) PRC-2009 =31 = Chippavva Boat Dock PRC- 2000 -32 - Supply and Installation of Scoreboards = Gale Centre RESOLUTIONS 1. THEREFORE BE IT RESOLVED Niagara Falls City Council chooses Highway 420 to be designated as Niagara Memorial Veterans' Highway. -5- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -174 A by -law to amend By -law No. 79 -200, to identify housekeeping changes to the permitted locations of adult entertainment parlours and body rub parlours in the City of Niagara Falls. (AM- 2009 -002) 2009 -175 A by -law to amend By -law No. 79 -200, to recognize a 5 storey apartment dwelling subject to specific lot area, building setbacks, coverage, height, parking and landscaping regulations. (AM- 2009 -019) 2009 -176 A by -law to amend By -law No. 79 -200, to permit a 4 storey apartment dwelling subject to specific lot area, building setbacks, height and landscaping regulations. (AM- 2009 -019) 2009 -177 A by -law to amend By -law No. 79 -200, to introduce new definitions and regulatory provisions. (AM- 2009 -020) 2009 -178 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Erie Avenue, Bridge Street) 2009 -179 A by -law to hereby authorize the Mayor and Clerk to execute the Recreation Infrastructure Canada Program in Ontario Contribution Agreement (RinC/ Ontario REC) between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion and the Corporation of the City of Niagara Falls. 2009 -180 A by -law to amend By -law 2002 -197, the Live Adult Businesses By -law. 2009 -181 A by -law to amend By -law No. 79 -200, to guide the development of the Montrose Business Park on the Lands. (AM- 2009 -002) 2009 -182 A by -law to authorize the payment of $43,661,762.61 for General Purposes. 2009 -183 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of November, 2009. NEW BUSINESS REPORT TO: SUBMITTED BY: Planning & Development RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Proposal His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario PD- 2009 -89 Niagarafalls November 16, 2009 SUBJECT: PD- 2009 -89 26CD -11 - 2009 -04, Draft Plan of Condominium (Conversion) 6128 Perkins Street (South Side), West of Portage Road Owner: 775427 Ontario Limited (Joe DiBiasi) 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The proposed conversion of the existing rental apartment building to condominium ownership can be supported based on the following: tenants cannot be evicted due to the conversion and are safeguarded through the requirements of the Provincial Residential Tenancies Act; the application complies with both City and Regional planning policies to consider condominium conversions based on vacancy rates; and the requested conditions of approval will provide site improvements and address current development standards. The applicant proposes to convert the existing 14 -unit rental apartment building to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g., hallways, driveways and open space) shared by November 16, 2009 - 2 - PD- 2009 -89 the condominium corporation. There is no new construction proposed. The property is on the south side of Perkins Street, west of Portage Road, as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice on November 4, 2009 to all tenants occupying the units about tonight's Council meeting as a courtesy. The owner sent a letter to tenants in July 2009 regarding the proposed conversion and also held a meeting with tenants on November 9, 2009. Surrounding Land Uses The property is located on a one -way street with several commercial uses abutting the site and in the area. Some mixed commercial /residential buildings exist to the west. There is a railway line located to the south and east. ANALYSIS Security of Tenure - Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Rents cannot be increased based on the conversion to condominium ownership and are regulated by Provincial guidelines. On this basis, there will potentially be no loss of rental units. A portion of the residential units in the building received approval from Council in October 1991 (File CD -91 -004) for an exemption to the Rental Housing Protection Act (RHPA). This approval was part of the overall process at that time to convert the building to condominium ownership. This Provincial legislation has since been repealed but the provisions to protect tenants are incorporated into the Residential Tenancies Act. Given the current condominium conversion application, the partial approval under the RHPA is no longer needed and the owner should submit a letter to the City to abandon the file. Municipal and Regional Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 %. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing. The Region's Policy Plan does not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected and considers a vacancy rate of 3% or more desirable for a healthy rental market. The Canada Mortgage and Housing Corporation (CMHC) survey from October 2008 is the most current information available and indicates a vacancy rate of 5.2% for all apartment units in Niagara Falls. This overall municipal rate has increased from 3.2% in 2007. The subject site is located outside of the City "core" defined by CHMC and the apartment vacancy rate in this non -core area is 4.1%. The data indicates vacancy rates of 6.1 % (one November 16, 2009 - 3 - PD- 2009 -89 bedroom units) and of 4.5% (two bedroom units) in the overall City and a rate of 3.7% for both size of units within the non -core area. All of these CMHC figures exceed the Official Plan 3% vacancy rate threshold. Therefore, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The vacancy rate throughout the major urban centres of the Region is 4.3% for all apartment units in October 2008 (an increase over the 4.0% figure last year). Information from a CMHC survey in April 2009 provides a vacancy rate for the overall Region (not individual municipalities) - the total vacancy rate had further increased to 5.3% at that time. On this basis, the Region is not opposed to the conversion of these apartment units. The building contains 3 one - bedroom units and 11 two- bedroom units. The applicant estimates that the selling prices for the proposed condominiums will be approximately $85,000.00 to $90,000.00 (one bedroom units) and $95,000.00 to $99,000.00 (two bedroom units) which would provide affordable ownership housing. Site Assessment The building was constructed in 1989 -90 as a mixed commercial and 10 -unit residential development in compliance with General Commercial (GC) zoning by -law provisions in place at that time and an approved site plan. In 1990, the City's Committee of Adjustment granted a variance (File A- 96/90) to permit the conversion of some commercial space on the ground floor into 2 more residential units. Council approved a subsequent rezoning application (File AM- 33/92) to permit the entire building to be used for 14 residential units. The property is currently zoned Residential Apartment 5C Density (R5C -333) in accordance with Zoning By -law No. 79 -200 as amended by site specific By -law No. 93 -61. Although compatibility with the surrounding properties has been established overthe years, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and to formally recognize acceptable zoning by -law deficiencies. The development requires 19 parking spaces whereas there are 20 spaces shown on the draft plan. The east side yard width does not comply with the zoning requirement (the recognition of this existing setback was omitted from the site specific by -law in 1993). The driveway aisle is undersized and the development slightly exceeds the maximum lot coverage due to the construction of a storage shed. Staff is satisfied that these zoning issues can be recognized through a minor variance application. The site plan needs to be amended to reflect changes that have occurred over the years. These changes relate to the relocation of garbage storage from inside the building to outside, the parking area and landscaping including fencing at the front of the building. A garbage enclosure is required to screen the existing bin. Municipal Works requires information from the applicant to verify that weeping tile and downspout flows do not discharge to the sanitary sewer. The development has received municipal waste collection service for many years and pre -dates the current Regional driveway design requirements. Revisions may be possible through the site plan amendment or by removing a surplus parking space to bring the proposed condominium into conformity with the Region's criteria for garbage truck movements. CN Railway requests conditions fora warning clause and environmental easement with respect to potential noise and vibration from the nearby rail line. Cash -in -lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act. November 16, 2009 - 4 - PD- 2009 -89 FINANCIAL IMPLICATIONS Staff has investigated whether or not there will be a difference between current property taxes as a rental building and what the potential taxes would be once converted to condominium ownership. Based on 2009 rates and the lowest sale price for the units identified by the applicant, the estimated property taxes would be $151.28 lower as a condominium than currently paid. Accordingly, the property taxes would remain approximately the same. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. Condominium conversion usually results in building upgrades and reinvestment in existing properties. LIST OF ATTACHMENTS • Appendix - Conditions of Draft Plan of Condominium Approval • Schedule 1 - Location Map • Schedule 2 - Draft Plan of Condominium Recommended by: Approved by: Respectfully submitted: Alex Herlovitch, Director of Planning & Development o� Executive D Ed Dujl , Director, Community Services Ken Todd, Chief Administrative Officer R.Wilson:mb Attach. S:\PDR120D91PD- 2009 -89, Draft Plan of Condominium Conversion, 6128 Perkins Street.wpd November 16, 2009 - 5 - PD-2009-89 APPENDIX Conditions of Draft Plan of Condominium Approval Approval applies to the 6128 Perkins Street Draft Plan of Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated June 17, 2009, showing an apartment building containing 14 dwelling units, open space and parking /driveway areas. 2. Upon notice of draft plan approval for this file, the developer submit a letter to the City abandoning all rights and interest in the previous Council approval for an exemption to the Rental Housing Protection Act (File CD -91 -004). 3. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 4. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 5. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize any existing zoning by -law provision deficiencies including east side yard width, maximum lot coverage and minimum driveway aisle width. 6. The developer obtain an amendment to the existing Site Plan Agreement to reflect the revisions to the property (e.g. garbage storage, parking, landscaping, shed). 7. The developer construct a garbage enclosure to the City's satisfaction. 8. The developer ensure all downspouts discharge to the surface. 9. The developer provide written confirmation to Municipal Works from a professional indicating that all foundation weeping tile has been disconnected from the City sanitary sewer system and reconfigured to outlet the discharge to the surface or directly to the storm sewer. 10. The developer pay the City cash-in-lieu of 5% parkland dedication based on the raw value of the land. 11. The following warning clause shall be included in the condominium agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights -of -way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights -of -way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration November 16, 2009 -6 - PD- 2009 -89 attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and /or operations on, over or under the aforesaid rights -of -way." 12. The developer shall grant CN an environmental easement for operational noise and vibration emissions, registered against the subject land in favour of CN. 13. The developer provide' five copies of the pre-registration plan for the condominium to Planning & Development. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: CN Railway for Conditions 11 and 12 November 16, 2009 - 7 - SCHEDULE 1 Proposed Plan of Condominium (Conversion) 6128 Perkins Street 26CD- 11- 2009 -04 PD- 2009.89 Location Map GLEN GATi< ST c 0 0 CHERRYWOD© RD P A WILLIAM ST 1111 ila WINS ST N 1 :280N Pi? Subject Land November 2009 1 t1 Rind Cmbn4n Ca 08 wnn PART OF STANFORD TONNSH? LOT 90 N CRY OF NIAGARA FALLS MJAOARA ry g x 1 1 3'} M ee. 1 0 'r"m T 1,e1...., iu c ,1, n e um Nos 60 P fl ouln 5513 na -sr. ua PERKINS „ war. - ummm . ” KEY P4N ci 08 tmtk wD... Fi ADDITIONAL INFORMATON REQUIRED UNDER SECTION 51 OF THE PUNNING ACT AND UNDER SECTION 9 OF IRA CONC091NIIN ACT 1998 P 1- AS d niriw/N <00 3Np*009 OoN IN 7im arttwv0.3 NFtsSnw AFAmodnktd 10! ua5 rwry 19 NYCtnum/frw.N y- w/" IxIMVUVu MI NGWlwmuixav mq ,,we.'c, ^ / /f•• ww. A li �. vr" -_. LINO UfE ANALYSIS / y r KAI ARE, ER REE EE411A1 0515 LE 13.530 ¢0„1115¢ • aYa.. NNourn e • yr STANFORD i TOWNSHIP i� Tp } / r OWNERS CERTIFICAE ss w mo✓ - I/ �' � L_ vfl m. myo-se/i SURVEYOR'S CERFIFICAi 1111W::3R Acv. n'' L'''' TT" aw, =a• — PART 2, 59R -3786 .�,.,_._._�_ PART 59R -3%8E 3 L°° SiI CUffms,Neixn7o•KFRO F 9AVEIPALIA a�. > ...a November 16, 2009 - 8 - SCHEDULE 2 PD- 2009 -89 Niagara,Falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Proposal PD- 2009 -88 November 16, 2009 SUBJECT: PD- 2009 -88 AM- 2009 -019, Zoning By -law Amendment Application 6515 McLeod Road and 6473 & 6483 McLeod Road Applicant: 2100851 Ontario Inc. (Domenic DiLalla), 1473944 Ontario Limited (Domenic DiLalla) & Marc Pingue Recognize Existing Apartment & Future Apartment Approval That Council approve the Zoning By -law amendment application to change the site specific apartment zoning on the overall property to a site specific R5C zone for the existing apartment at 6515 McLeod Road and a site specific R5A zone for the future apartment at 6473 & 6483 McLeod Road. 2. That Council pass the by -laws included in tonight's agenda to implement the requested amendment. The zoning amendment can be approved for the following reasons: the application reflects the existing development and zoning approvals on the subject lands but under separate zone categories for the built apartment and future apartment; and the rezoning will facilitate the registration of a plan of condominium on the property known as 6515 McLeod Road. The amendment is requested for a 0.842 hectare (2.08 acre) parcel of land on the north side of McLeod Road, west of Dell Avenue, as shown on Schedule 1. The applicant proposes to change the zoning of the subject land to provide a separate by -law to recognize the existing apartment building and a separate by -law to recognize the existing approval for a future apartment building. The subject land is currently zoned Residential Apartment 5B Density (R5B -813) through Zoning By -law No. 79 -200 as amended by site specific By -law No. 2008 -29. This zoning permits two apartment buildings to be constructed on the overall site (6473, 6483 & 6515 McLeod Road) containing a maximum of 72 units and subject to special development November 16, 2009 - 2 - PD- 2009 -88 standards. The applicant has requested the zoning of the land known as 6515 McLeod Road (Bellagio) be changed to a site specific Residential Apartment 5C Density (R5C) zone for the existing 64 unit apartment building and the zoning of the land known as 6473 & 6483 McLeod Road (currently containing 2 dwellings) be changed to a site specific Residential Apartment 5A Density (R5A) zone fora future 8 unit apartment building. There is no increase in the development opportunity on the land - the two new by -laws will reflect the existing approval now consolidated undera single by -law. Schedule 2 provides details of the existing development and a conceptual site plan for the future apartment building. Surrounding Land Uses The majority of development in the area consists of single - detached dwellings. There is an apartment building located to the west on McLeod Road and a site is approved for an apartment building directly to the south at the corner of McLeod Road and Wilson Crescent. A school is to the south and a neighbourhood park exists to the northeast. Circulation Comments Information on the requested Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: ANALYSIS Municipal Works and Legal Services No objections to the proposal. Transportation Services Existing Approvals No concerns with the rezoning application. Staff note that the ramp access to the existing underground parking garage is restricted by proposed parking spaces in that area. Some surplus parking spaces at the ramp access may need to be removed to improve vehicle movements. These driveway design issues can be addressed at the Site Plan stage. Regional Niagara Development Services No objections from a Regional or Provincial perspective. Requirements for the future apartment development will be dealt with through Site Plan review and /or plan of condominium. This development has proceeded through several previous planning approvals and consultation with the public. In 2000, Council passed By -law No. 2000 -182 (File AM- 19/2000) to permit the development of a 54 unit apartment building on the west portion of the site known as 6515 McLeod Road. The City's Committee of Adjustment granted variances to zoning requirements in 2006 (File A- 22/2006) to allow 3 more apartment units November 16, 2009 - 3 - PD- 2009 -88 (total 57) and increase the height of the building. A Site Plan Agreement (File SPC- 15/2006) was registered on title in April 2007. Construction of the apartment building was initiated in June 2007 under these approvals. In December 2007, Council approved an application (File AM- 28/2007) to add 3 more units to the apartment building under construction at 6515 McLeod Road (total 60) and expand the overall project onto abutting land to the east (6483 & 6473 McLeod Road) for a separate 3 storey apartment building with 12 units. All three parcels of land are now zoned Residential Apartment 5B Density (R5B -813) through Zoning By -law No. 79 -200 as amended by site specific By -law No. 2008 -29. This zoning permits a maximum of 72 apartment units on the entire site. During the construction process, revisions to the interior of the apartment were made to provide 64 dwelling units within the existing 5 storey building. This is permitted through zoning but reduces the second apartment building on the site to 8 dwelling units rather than 12 units as originally proposed. The Committee of Adjustment granted variances (File A- 2009 -027) on September 29, 2009 for the side yard setback at the northeast corner of the existing building and for desired changes to front yard screening to provide a decorative fence. There were no appeals to the decision. Council approved report PD- 2009 -73 (File 26CD -11- 2008 -11) on September 28, 2009 for a standard draft plan of condominium on the overall site (6473, 6483 & 6515 McLeod Road). The draft approval was effective October 20, 2009 and includes various conditions to be satisfied by the applicant. Zoning Request The existing and future apartment buildings are now intended to function independently. Part of the reason for the zoning change to separate the existing and future apartment buildings is to permit more flexibility for the timing of development and facilitate the registration of a condominium plan at 6515 McLeod Road. The requested R5C zone (6515 McLeod Road) recognizes the existing 64 unit, 5 storey apartment building and zoning approvals including variances. The site specific provisions reflect the height (17 metres /55.8 feet), lot coverage (34 %), minimum landscaping coverage (38 %) and the requirement for a decorative front yard fence. The rear and side yard setbacks have been adjusted slightly from the zoning approval to accommodate the existing balcony /covered porch projections into the required yards. In addition, a 6 metre (19.7 foot) landscape strip is required along the front lot line. The parking is requested to be at a ratio of 1.35 spaces per unit (total 86 spaces) rather than the City standard of 1.4 spaces per unit (requiring 89 spaces). This is a minor reduction and is acceptable as the site is on a transit route. The requested R5A zone (6473 & 6483 McLeod Road) represents the remaining zoning potential and standards on the land granted through site specific By -law No. 2008 -29. The proposed regulations forthe future development permit 8 apartment units, a building height of 12 metres (39.4 feet), a rear yard depth of 15 metres (49.2 feet), side yard widths of 7 metres (23 feet) and the 6 metre (19.7 foot) landscape strip requirement along the front lot line. Prior to construction on this site, staff recommend the applicant request the City to approve a deeming by -law for these lands. The property consists of whole lots within a registered plan and the deeming process would allow the lots to legally merge together to eliminate potential Ontario Building Code issues with respect a building crossing lot lines. November 16, 2009 - 4 - PD- 2009 -88 Site Plan and Condominium Plan Approvals The existing Site Plan Agreement covers the combined development of the two apartment buildings. This approval needs to be amended to separate 6515 McLeod Road from the future development and include changes to the parking layout and landscaping. A new site plan will be required for 6473 & 6483 McLeod Road prior to construction. Similarly, if the requested zoning amendment receives final approval, modifications to the condominium approval are necessary. The description of the condominium land would be revised as 6515 McLeod Road only and a condition for the removal of the dwellings at 6473 & 6483 McLeod Road could be deleted. Other conditions may be added to the draft plan approval if required. A report on any modifications would be prepared for Council. Potential Traffic Lights At the time of the initial rezoning for the apartment use in 2000, area residents expressed traffic concerns and requested that a traffic light be installed at the McLeod Road /Wilson Crescent intersection. The applicant (Felix Pingue) stated he would be agreeable to provide $25,000 toward a traffic light. Council advised the Region of the desire for traffic lights at the intersection which is under their jurisdiction. Traffic lights were not required by the Region as a condition of the site plan approval. Currently, a Class Environmental Assessment (EA) is underway for McLeod Road to determine any improvement requirements. The Region has indicated that the cost could be $150,000 to install traffic signals. Since McLeod Road is a Regional responsibility, the Draft Plan of Condominium approval should be amended to add a condition that "The developer provide a Letter of Credit to the Region's satisfaction as a deposit toward the installation of traffic lights at the McLeod Road/Wilson Crescent intersection if warranted ". CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. This zoning change will facilitate the registration of a condominium for the existing apartment and allow for the future development of another apartment building. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Site Plan (Existing Development and Conceptual Future Apartment) Recommended by: Approved by: Respectfully submitted: h tY/ )its -sr∎i Alex Herlovit , Director of Planning & Development Executive Ed Dujl R.Wilson:mb Attach. S:1PDR120091PD- 2009 -88, AM- 2009 -019, 6515 6483 6473 McLeod Road.wpd Ken Jfodd, Chief Administrative Officer ector, Community Services November 16, 2009 Subject Land -5 SCHEDULE 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 PD- 2009 -88 Location: 6515 McLeod Road and 6473 & 6483 McLeod Road Applicant: 2100851 Ontario Inc., 1473944 Ontario Limited & Marc Pingue AM- 2009 -019 October 2009 November 16, 2009 EXISTING RESIDENTIAL tEnOECAEne cr. 11,1 FO 80. IOPM :CO VC "04 AMMO VICES El Meta Mlle WAtE3 Ca. Meell TER Engte PEPECEID BE EE nen EXISTING EXISTING RESIDENTIAL IDENIIA( cn 9 o H 6515 McLeod Road 856.613 to R5C -XXX -6 SCHEDULE 2 AP:wT �N Ne w <1A_ M. vane MeLEOD ROAD RC(ONE ROAD na. 49 EXISLNC RESIDENTIAL EXISTING RESIDENTIAL EXISTING RESIDENDA( 6483 & 6473 McLeod Road R56.813 to R5A -XXX EXISTING RESIDENTIAL PD- 2009 -88 SFY P AN 0- nic von 6493. 6163 & 6546 lieLEOD ROAD MUM OMekfl PAPE; SAWS ti• DO inn PVn. {01 PEELS MIA SEEM FIEME0 w z d RE: NOTICE OF APPLICATION AND PUBLIC MEETING 2100851 ONTARIO INC., 1473944 ONTARIO LIMTIED & MARC PINGUE 6515 McLEOD ROAD & 6473, 6483 McLEOD RD( N /SIDE, WEST OF DELL AVENUE) CITY FILE NO.: AM -2009 -019 OCTOBER 29 2009 RICHARD WILSON PLANNER CITY OF NIAGARA FALLS PLANNING & DEVELOPMENT CITY HALL 4310 QUEEN STREET, 2 FL. NIAGARA FALLS, ON L2E 6X5 Dear Sirs: Enbridge Gas Distribution has no objections to the development as proposed, However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. Yours truly, TC: Tony Ciccone Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758 -4374 — FAX ENBRIDGE GAS DISTRIBUTION INC. 5 00 Consumers Road North York ON M23 1P8 Mailing Address P.O. Box 650 Scarborough ON MIK 5E3 Niagara,Falls November 16, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Proposal Part 1 PD- 2009 -87 SUBMITTED BY: Planning & Development SUBJECT: PD- 2009-87 AM- 2009 -002, Zoning By -law Amendment Application Applicant: City of Niagara Falls Part 1 - Montrose Business Park Part 2 = Update Bylaw Schedules Illustrating Where Adult Entertainment Parlours and Body Rub Parlours Are Permitted 1. That Council approve the Zoning By -law Amendment application to apply more contemporary and environmentally responsible zoning regulations for the Montrose Business Park and to update the schedules contained in Zoning By -law No. 79 -200 which illustrate which industrial areas permit adult entertainment parlours and body rub parlours, as discussed in this report. That Council pass the two by -laws on tonight's agenda to implement the amendments. The Zoning By -law amendment is proposed to adopt more contemporary and environmentally responsible zoning regulations to guide the development of the Montrose Business Park and to ensure the schedules contained in Zoning By -law No. 79 -200 properly illustrate where adult entertainment parlours and body rub parlours are permitted. The application can be approved for the following reasons: the proposed Montrose Business Park zoning conforms with the City's Official flan with respect to industrial development and protecting significant natural areas and will facilitate the development of a high quality business park; the housekeeping changes to the schedules illustrating where adult entertainment parlours and body rub parlours are permitted to locate will remove those lands from the schedules which can no longer be considered for these uses because of amendments to the City's Official Plan and Zoning By -law which have been approved in recent years. Changes are proposed to the site specific zoning affecting Montrose Business Park to establish new zoning regulations and to place Provincially Significant Wetlands and natural November 16, 2009 - 2 - PD- 2009 -87 corridors under Environmental Protection Area zoning. The Montrose Business Park is zoned Prestige Industrial (PI -278), in part, and Hazard Land (HL) in part, in accordance with a by -law passed in 1992. The zoning is proposed to be changed to a new PI zone that will introduce contemporary zoning regulations for the business park. Environmental lands and natural corridors will be placed under a new Environmental Protection Area (EPA) zone to protect these areas from disturbance. The location of the Montrose Business Park is shown on Schedule 1 and the zone boundaries are shown on Schedule 2. Part 2 Updates are proposed to the by -law schedules that show where industrial lands may be developed for adult entertainment and body rub parlours. Zoning By -law No. 79 -200 only permits adult entertainment parlours and body rub parlours in industrial areas that are at least 300 metres (1000 feet) away from residential zones and other sensitive land uses. Former industrial lands that have been redesignated and rezoned for residential use and industrial lands that are now within the above noted separation distance, or where adult entertainment and body rub parlours are not a permitted use are proposed to be removed from the Schedules of By -law No. 79 -200 that illustrate where adult entertainment parlours and body rub parlours are permitted. The lands which could be used for these uses are shown on Schedule 3. This amendment makes no changes to where these uses are actually permitted but is proposed to ensure readers of the by -law are not mislead by the out of date schedules. Circulation Comments Information regarding the proposed zoning by -law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections to the proposed Montrose Business Park zoning. The zoning will facilitate the development of the Business Park while protecting natural heritage features. The By-law Schedules illustrating where adult entertainment parlours and body rub parlours are permitted includes areas that have natural heritage features. These areas should be zoned Environmental Protection Area. (Note: This will be undertaken either as part of the City's comprehensive zoning review which is on -going or the secondary plan process.) o Transportation Services No objections. The proposed parking rates for the business park are similar to Institute of Transportation Engineers Parking Generation Rates. • Municipal Works, Building Services, By -law Services, Fire Services and Legal Services No objections. November 16, 2009 - 3 - PD-2009-87 ANALYSIS Montrose Business Park The lands are designated Industrial, in part, and Environmental Protection Area, in part. Industrial areas are intended for a wide range of industrial uses. The Official Plan directs that zones be established that group together businesses with similar characteristics, such as prestige type businesses. Environmental Protection Area lands are to be maintained in their natural state. In addition, development is prohibited in natural areas such as significant wetlands, regardless of the land use designation. Site specific zoning was established in 1992 for the Montrose Business Park. This zoning restricted uses to prestige and light industrial type uses, research and development facilities, publishing and printing establishments and complementary commercial uses. To ensure the business park is developed to a high standard with quality aesthetics, the by -law establishes minimum lot and building areas and implements generous building setback and landscape requirements. The proposed by -law simplifies the terminology used for permitted uses, using such terms as "office" and "production and data processing establishment" to reduce the number of terms used. To focus on business development and eliminate any conflicts with planned commercial areas, certain commercial uses such as home improvement warehouse retail outlets, new car agencies, personal service shops, banks, restaurants and health centres have been deleted. Although development standards remain largely unchanged, parking requirements have been adjusted to reflect contemporary requirements as set out in accepted parking generation manuals. The new Environmental Protection Area (EPA) zone is intended to protect significant natural areas in the Park. These areas were identified in a study completed by the City's environmental consultant (Ms. Lisa Campbell). The study identifies all areas of natural significance including a Provincially Significant Wetland and a natural corridor to provide for wildlife movement between wetland areas, as opposed to only the watercourse protected under the original Hazard Lands zoning. As such, a larger area is protected. To ensure that Official Plan, Regional and Provincial policies requiring the protection of natural areas are adhered to, the proposed EPA zone is more limited in uses permitted than the Hazard Land zone, limiting the use of land to a recreational trail. A properly designed recreational trail will not impact on the natural areas. This EPA zone will ensure natural areas are properly protected. Although the environmental study was completed in 2005, the determination of the layout of the lots was not completed until recently. With the completion of the lot layout it is now possible to establish the final zone boundaries. Mapping Delineating Where Adult Entertainment Parlours and Body Rub Parlours are Permitted To minimize adverse impacts on more sensitive land uses and to avoid exposure of these uses to families and children, adult entertainment parlours and body rub parlours are restricted to industrially zoned lands and are to be located a minimum of 300 metres (984 feet) from residential, institutional, open space and other similar community /institutional uses, and a minimum of 100 metres (328 feet) from a controlled access highway. These requirements were implemented in 2002, by incorporating schedules into By -law No. 79 -200 that illustrate which industrially zoned lands meet the above noted setbacks and can be used for adult entertainment parlours and body rub parlours. November 16, 2009 -4 - PD- 2009 -87 Since 2002 certain industrial areas have been rezoned for residential and open space purposes including the Fernwood Subdivision (north of Lundy's Lane west of Garner Road) and the Thundering Waters Golf Course and associated residential development. To reflect these changes, Schedule "C" should be updated to delete these areas as well as the associated separation distances. In addition, adult entertainment parlours and body rub parlours were never permitted in the Montrose Business Park due to the intent to present a prestige business oriented image and therefore this area should also be deleted from Schedule "C ". Schedule 3 of this report illustrates the areas which will be deleted from Schedule "C" as a housekeeping change, while Schedule 4 illustrates the industrial areas where adult entertainment parlours and body rub parlours will still be permitted. The Regional Municipality of Niagara has noted that Schedule 4 illustrates some lands in which significant natural features exist, and request these areas be deleted from Schedule "C" of By -law No. 79-200. These features are located within Warren Woods (west of the QEW between McLeod Road and Brown Road) and the Thundering Waters areas, both of which have been approved by Council to be developed for residential purposes. Secondary Plan processes that will accurately delineate the natural areas are underway and will guide the future zoning for these areas. It is best that the Region's request be dealt with at the time of establishing zoning for the Warren Woods and Thundering Waters neighbourhoods. CITY'S STRATEGIC COMMITMENT The new zoning for Montrose Business Park will assist in providing a setting to attract businesses and therefore, will support Council's strategic priority of promoting economic development in the City. LIST OF ATTACHMENTS • Schedule 1 - Location Map - Montrose Business Park • Schedule 2 - Proposed Zoning - Montrose Business Park • Schedule 3 - Location Map - Lands from where Adult Entertainment Parlours and Body Rub Parlours to be Deleted as Permitted Uses Schedule 4 - Location Map - Industrial Lands Where Adult Entertainment Parlours and Body Rub Parlours or Permitted Uses RecOmrxtet by Approved by: Respectfully submitted: Alex Herlovitch, Director of Planning & Development Ed Dujlovic; Executive Director, Community Services Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. 8:\PDR\2009\PD- 2009 -87, AM- 2009 -002, Montrose Business Park, Adult Entertainment.wpd November 16, 2009 Subject Land Nab Location: Montrose Business Park Applicant: City of Niagara Falls -5 SCHEDULE 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM -2009 -002 September 2009 PD- 2009 -87 November 16, 2009 - 6 - SCHEDULE 2 Proposed Zoning - Montrose Business Park Location: Montrose Road Applicant: City of Niagara Falls K: tGIS_ Requests\ 2009\ Schedules \2uningAM',AM -02tmappeg.rnap Environmental Protection Area Prestige Industrial __l -1 I I ti .... -.. Amending Zoning By-law No. 79 -200 PD- 2009 -87 s 1:NTS AM- 2009 -002 November 2009 November 16, 2009 7 - SCHEDULE 3 Location Map Lands From Where Adult Entertainment Parlours and Body Rub Parlours Lo be Deleted as Permitted Uses PD- 2009 -87 BROWN RD ,._ Wilt/ 's t AMP ....'. hi! 1:11; I 41 Act 1 , t. 2 1 =-'MELEe - Ro-.-- October 2009 K'. \GIS Requests\ 28091 Schedules \ZoningAMlpM -02 \mapping,map i ., Amending Zoning By -Law No. 79 -200 Applicant: City of Niagara Falls Location: Various 1:NTS AM-2009 -002 November 16, 2009 Applicant: City of Niagara Falls Location: Various October 2009 K : \GIS_Requests\ 2009\ Schedules \2oningAM\AMM -02 \mapping.map - 8 - SCHEDULE 4 Location Map Industrial Lands Where Adult Entertainment Parlours and Body Rub Parlours are Permitted Uses Amending Zoning By -Law No, 79 -200 PD- 2009 -87 N s 1 :NTS AM -2009 -002 Ministry of Transportation Corridor Management Section Central 7 Floor, l»o, Wilson Avenue nowm.iewnam3m/m ao,w"pixnaoi Tel (416) 235-5383 Fax (416) 235'9267 Email adrian.firmani@ontaroca November 9 2009 Andrew Bryce Planner 2 City of Niagara Falls 43lO Queen Street Niagara Falls ON 1,l1'6)(5 Dear Mr. Bryce Mimster° des Transports Section mvuwestiow des oa*lows mutters Raglan du Centre 7e elage, edifice D 1201 avenue Wilson no°o`,ionomMou1Jo auoaon/muo| Tel: *16 235-5383 Temca6 235-4267 Email: Adrian ormani@^"m1xca File: AM-2009-002 w N Ontario *o: Zoning }3v'un, Amendment Application Affecting Montrose Business Park Further to your correspondence sent October 10, the Ministry has reviewed the above noted application in accordance with the requiremems under the k@ioiolry`, //h/i, Transportation and Highway Improvement Act, 9Vc provide the following comments: The owner must also be advised that Ministry building/land-use permits will be required for all buildings a strucuires within 46 metres (150 feet) from QEW propeny Jinlit, 396 meters froul the intersection of the QEW and Oakwood Drive. In addition, no pre-servicing, grading, and installation o[ signs oo the subject land io permitted without the issuance of Ministry permits. In general, the applicant should be aware that future development of these lands will require Ministry review and approval. All proposed permanent buildings and structures both above and below ground, utilities, frontage roads, fire routes, essential parking, and storimvater management ponds, nlust he set back 14.0 rnetjes from the QEW property line. All gracting of any kind wiJi not he petmitted on QFW property The applicant will hc required |o submit u full scale (1��OO)sit�pim�"o�c�orvic� ud � /o�u grading plan and a detailed sionnua1rr management plan and report indcutiu&ihe changes in drainage run-off caused by the development, and the intended treatment of this calculated runoff as it irnpacts an the QEW Rightottway The applicant may also be required 10 subirni a Truflic impact Study indicating the existing and future projected trxffiovo|un\uoondpuUenusuuil impacts the QEW. The Ministry will provide more detailed comments when a formal site plan is RECEIVED NOV 8 N�0� ~~.~ & CIESMLOPMENT This land is within the Ministry's area of Permit Control and the applicant should be made aware thai Minisiry building/lwid-use permits will be required prior prior o any grading and construction onthese lands. SigiT perrnits may be required as well. All applicable MTC) permiu may be obtained from our office located on the 7 Floor, Atrium Tower, 1201 Wilson Avenue, Toronto, Ontario M3M 138, nd thcy are also availahlc on our wehsite al: nxw If you have any questions, please feel free to contact me. Adrian Firmani Technician Corridor Management Section Ministry of Transportaiion 7th Floor, Building '/[)^ 1201 Wilson Avenue, Downsview, Ontario, M3M 1.18 Tel. (416)235'5]83 Fax. (416)235-4267 November 5, 2009 Mr Andrew Bryce City nf Niagara Falls, Planning &Dumdopmon1 4310 Queen Street, P{) Box 1823. Niagara Falls, Ontario, Canada L2E 6X5 Object: Appeal Zoning By`LoVv Amendment application [iy`|*m/ Ile, 79^2OV Anienclmonts Affecting LVlontroso Bu&nesa Park arid Industrial Areas permitting adult entertainment Parlours and Body Rub Parlours City File ,/\&0^2809`$02 City of Niagara Falls Land Parcel: EPA`84R and P1849 Our Land parcel: Part 22on69R^135t7 Dear Sir, We are the owner of the land parcel designated as part 22 on 59R-13527 being part of the above mentioned land, which would be affected bv the proposed Zoning 8o)oHdrneotby-Lam/No.79-200. ' We herby officially appeal and notify the City that wo do not agree With the proposed amendment to the zoning af our and, Consequently the reasons for our appeal are as [n|kmx. Firstly; in the event that we decide to change our plans in the future and rernain owner of the property, we would be unable to develop and use the land for the purpose for which it was originally purcliasod, with the approval of ttie City, er for ether related uses, Secondly; the proposed amendment would greatly minimize the number o[potential purchasers for the land thereby reducing our chances to dispose of the site consequently resulting inn potential significant monetary loss. ' As you km0w/, our company invested a substantial sum of money to purchase the property and develop a project on the site. It in only the current global economical situation that has forced us to reassess our plans. o*n oo*mc VG Tel :owuo/.4osofax :n4 331-4581, mwnw^u10@10umuoc/m m^ ^ s ; m^�ll/�/u4��—� w:E.5 L i* PLANNING We are confident the City will review its position to amend the proposed zoning. If not we are asking what solution the City is prepared to offer to resolve the situation. I am looking forward to hearing from you and stay available for meeting or discussion. Best Regards, / Didier Le Manac'h Director, Real Estate Cc: Alex Herlovitch City of Niagara Falls Director of Planning & Development Serge Felicetti City of Niagara Falls Josiane-Melanie Lang leis Trans Force - Vice -President, Legal Affairs & Corporate Secretary Murray Davis Trans Force Property Manager Ontario 300. B585, irart: Hwy.. Saliii-Laoroi it, Otiobro::1 1Z6 let : 514 fax : 514-13 L.:Nib dlorminaoll@ltanstnice.;rn (11/12/2009) Dean lorfida - Warren Woods. Lease (city lands).nov.12.09.pd Naventer12,2009 via fax #(905) 3744557 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: SULLIVAN MAHONEYr LAWYERS Please Reply to Niagara Falls Office Re: Our Client: Warren Woods Land Corporation and Heartland Forest Ministries Inc. Zoning By -law Amendment Application City File: AM- 2009 -002 Applicant: City of Niagara Falls We act as solicitors for Warren Woods Land Corporation and Heartland Forest Ministries Inc. in th is matter. Our clients have requested that we outline to Council its significant interest in this matter which has involved meetings with the Planning Department on October 27, 2009 and November 4, 2009 and correspondenceby this writer sent to the Director of Planning on November6, 2009,a copy of which is attached. As Council is aware, ourclients have substantial land holdings surrounding the Montrose Business Park to the north and to the west with future plans to develop the lands for residential purposes and other uses. As such, our clients have a vested interest in ensuring the proposed permitted uses within the Montrose Business Park will be compatible with the residential uses being proposed in the immediate surroundingarea. Our specific comments on the Application and draft By -law before you are as follows: 1. Our clients are agreeable to the reference to "a recreational trail and associated structures and accessory uses" in section 5(a) and section 6 of the draft by -law. Our clients' agreement is based upon assurances from the City's Manager of CurrentPlanning and Manager of Business Development that the reference to "associated structures and accessory uses" would allow, subject to permits being issued by the Niagara Peninsula Conversation Authority if required, such structures as gazebos, bridges, wooden rail fencing and signage which improvements our clients are prepared to undertake at its sole cost and expense to benefit the Montrose Business Park, the Warren WoodsCommunity and Heartland Forest. V..,. M1 o 0,1 Q.C. 56. I1 ulnd )SL CO a Rp. Cron SI Illy.. c.o b k. L ICPmons C.) iuk 4094m s_m P.o_ Box 1350. sa CaBum0. 4101 I:must Nod, 99_3.54 F6, On,00a 1.25 fill i fA Rnalodson 1 ShvIos 050n_ }.1M� ✓ n. Kohono. - oa.v..4nnan KA nook S Siam n Mien. O(COws4 (Coaccouol Look NIB Voila hoc- 905.68). - 6655,0. ¢6tc 9051885814 305 - 551 -05001'ssn.15 905 - 5570501 5I). B .,m OA (ass CVO M1IFmn Page 1 (11/12/2009) Dean lorfida - Warren Woods.Lease (city lands) nov.12.09 pdf Page 2 2. Our clients have expressed concern that there ought to be a differentiation in the permitted uses as between the lands to the north of the BusinessPark's interior road and the lands to thesouth of the Business Park's interior road given the sensitive uses being planned on the surrounding lands to the north and to the west. Our clients have been advised that the proposeddraftby -law would only permit Class 1 uses under the D -6 Guidelines issued by the Ministry of the Environment and that steps would be taken through the Site Plan process to ensure that the protection offered under section 5(b), section 7(b) and section 7 (c) of the proposed draft by -law would be enforced. Given that Site Plan Approvals may not be appealed to the Ontario Municipal Board, our client is requesting that it be given notice of any Site Plan Application within the western portion of the Montrose Business Park and that it be given the opportunityto participate in the site plan process. The area which is referred to as the western portion of the Montrose Business Park is attached hereto to this letter. In conclusion, we would respectfully request that Council approve the following additional recommendation to the report: "3. That the Planning Department be directed to give notice of any future Site Plan Applications relating to lands within the western portion of the Montrose Business Park, as outlined in the Schedule attached to Correspondence from Sullivan Mahoney LLP dated November 12, 2009, and further that Warren Woods Land Corporation and Heartland ForestMinistries Inc. be allowed to participate in the site plan process." Subject to the inclusion of the above recommendation in Council's motion and subject to ouradditional comments above, ourclient does notobject to the approval of the draft by -law. We would appreciate receiving a copy of Council's motion along with a copy of the by -law if so approved. Yours truly, SULLIVAN MAHONEY LLP Per: Rocco Vacca RV:jb Et. cc. Mr. Deal lodidz City Clerk Ser er Fdicelti, B cer sD erdgxne t Office Alex kerb/non Dire'cr of Parnirg Clients L(11/12/2009) Dean Iodide - Warren Woods.Lease (city lands).nov.12.09.pdf 11/10/2000 11:03 FAX 805 356 2354 November 16, 2009 • Bq' an NF PLANNING /ENGINEERING U007 -6- SCHEDULE 2 Proposed Zoning Montrose Business Park. 4ocatfon: Montrose Road , s1/4 . \\1/4 , 1 _ rfroNa;s t#40, A na Applicant: Ciry of Niagara Fails 3:n.E0 axmli AMln11.0 ?Inp.mno Received Time Nov. 10. 2009 11:0OPM No. 9029 Irf Wor mere (RlototBon Area • NesUpdThlitithial An��srdiai Zorling,139Aaw No. 79 `.200 PD- 2009 -87 s S:NTS. A141009 -002 rlww abor 3000 Page 3J November 6, 2009 via fax #905- 356 -2354 City of Niagara Falls Planning Department 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Alex Herlovitch, Director of Planning Dear Sir: Re: Our Client: Warren Woods Land Corporation Zoning By -law Amendment Application City File: AM- 2009 -002 Applicant: City of Niagara Falls We act as solicitors for Warren Woods Land Corporation in this matter. Our client has had an opportunity to review a copy of the draft proposed by -law and to discuss this matter with Mr. Andrew Bryce of your department. Our comments in relation to the Zoning By -law Amendment Application and draft Zoning By -law relate only to the proposed new zoning regulations for the Montrose Business Park and adjacent lands. In general, our comments relate to our client's request for additional permitted uses on Parcel EPA -848 as defined in the draft Zoning By -law and a further division of Parcel PI -849 to reflect inclusion of less intrusive uses on the northern portion of Parcel PI -849 given its proximity to a number of sensitive uses in the area as outlined below. First, with respect to Parcel EPA -848 we are requesting the following revisions to the draft by -law: 1. Section 5(a) be amended to either include a definition of "recreational trail" to include such other uses as a gazebo, a bridge, wooden rail fencing and signage to identify the Montrose Business Park, Warren Woods Community and Heartland Forest or alternatively to add these additional uses to the list of permitted uses. V.F. Muratori J.M. Gotta S.J. Pram' LK.Parsons 2. Section 6 be amended to include the list of additional uses referred to above. Q.C. P.B. Bedard R.B. CWGton C. D'Angelo C.J. Binle 40 Queen Street, 0. O. Box 1360, St. Catharines, Ontario L2R 6Z2 Telephone: 905-688-6655, Facsimile: 905 - 688 -5814 4781 Pottage Road, Niagara Falls, Ontario L2E 6B1 Telephone: 905 -357 -0500, Pacsimie: 905 -357 -0501 www.sulivan- mahoney.com 'LA. Richardson J.R. Bush Vacca J.P. Maloney P.M. Sheehan P.A. Mahoney 'P. Well S.E.Wells Of Counsel (Commercial Law): MD. Krlluck W.B. McKaig B A. Macdonald RCA. Book M.D. Atherton Please reply to Niagara Falls Office J. DalIal MJ. Bononsi B.J. Tromp D.A. Goslin G.W. McCann M.F. Adams Second, with respect to Parcel PI -849 our client takes the position that there ought to be a differentiation in the permitted uses as between the lands to the north of the Business Park's interior road and the lands to the south of the Business Park's interior road. Our client's opinion is based on the fact that sensitive uses are planned on the adjacent lands to the north and to the west being a planned retirement community in Warren Woods and a recreational vehicle park within the lands known as Heartland Forest. In support of our client's position we are requesting that Planning Staff and Council consider implementing the same permitted uses as the City of Thorold for the Brock Business Park. Attached please find excerpts from the City of Thorold's Comprehensive Zoning By -law 2140 (97) together with Schedule A5 to said by -law. It is noted that the City of Thorold created a "Prestige Office (PO) Zone" for that part of the Business Park in closer proximity to sensitive uses and created a "Prestige Industrial (PI) Zone" for the remainder of the Business Park. Accordingly, we are requesting the following additional changes to the amending bylaw: 1. Section 2 be amended to identify three (3) Parcels known as Parcels EPA -848 and PI -849 and P0-850. 2. A new Section 5(c) be created setting out the permitted uses for Parcel P0-850 being the same permitted uses that appear at section 23.1 of the City of Thorold By -law enclosed herein. 3. Section 7 of the by -law be amended to reflect that the regulations set out in section 7 shall govern permitted uses on both Parcel PI -849 and Parcel P0-850. 4. Section7(b) be amended to read as follows: "Any operation, or the use of any facility shall comply with the Ministry of the Environment Guideline D -6 (Compatibility Between Industrial Facilities and Sensitive Land Uses) as amended from time to time and shall, through Federal and Provincial regulations, provide adequate protection to property, public health and welfare" 5. Schedule 1 to the draft by -law be amended by identifying the lands to the north of the interior road of the Montrose Business Park as P0-850 and the lands to the south of said interior road as PI -849. We wish to reiterate that our client's objective is to achieve maximum compatibility between the permitted uses in the Montrose Business Park and the planned and intended uses of our client's lands and other lands in the immediate vicinity of the Montrose Business Park. Should you have any questions or require further clarification of our client's position please do not hesitate to contact this writer. Yours truly, SULLIVAN MAHONEY LLP ,eaua Areea Rocco Vacca RV:jb Encl. c.c. Bob O'Dell Andrew Bryce, Plamting Department ® / ®" N z 3 } ! e ''...0 z . SeE e m« z \! x /,% -» 6l ®J „ \! * ° _ » ! 5 \2 J / § \ »!!!t CE • / ® sea /9: aoZ§ ° \ 2 x CO / 4 ,,,,,,,,, gg # !% z ,,,,,,, ,,,,,, 6 , } ,,, § 2:6 ,saw sew City of thorold Comprehensive Zoning By -law 2140(97) SECTION 23: PRESTIGE OFFICE PO ZONE 23.1 Permitted Uses The following uses are permitted in a Prestige Office PO Zone: (1) institutional use; (2) office; (3) (4) personal services; (5) accessory buildings and structures to the foregoing permitted uses and in accordance with the provision of Section 23,3, 23.2 Zone Provisions 163 research laboratory with the exception that research laboratories involving the keeping of animals, significant amounts of dangerous materials or undesirable levels of noise, odour, smoke, vibration, dust and the like shall not be permitted; No person shall use any land or erect or use any building or structure in a Prestige Office Zone, except in accordance with Section 6 General Provisions and with the following: (a) Minimum Lot Area e 2 hectares, except for lots abutting King's Highway No. 406 shall be 3 hectares; (b) Minimum Lot Frontage 80 metres, except for lots abutting King's Highway No. 406 shall be 100 metres; (c) Front Yard Setback - 20 metres, except for lots abutting St. David's Road shall be 30 metres; (d) Rear Yard Setback •- 10 metres, except that the rear setback abutting King's Highway No. 406 shall be 15 metres; (e) Interior Side Yard Setback . 7.6 metres except that: (I) the interior side setback on a lot abutting Regional lands shall be 20 metres; and (il) the interior side setback abutting Highway No. 406 shall be 15 metres, 169 City of Thorold Comprehensive Zoning By -law 2140(97) SECTION 24: PRESTIGE INDUSTRIAL PI ZONE 24.1. Permitted Uses The following uses are permitted in a Prestige Industrial PI Zone: (1) institutional use; (2) office; ( light manufacturing carried on entirely in wholly enclosed buildings and which are not obnoxious or incompatible with other permitted uses by reason of the emission of odour, dust, smoke, noise, gas, fumes, cinders, vibration, refuse matter or water carried waste; research laboratory; retail or wholesale showroom; personal services; service shop, merchandise; warehouse; wholesale establishment; accessory uses, buildings and structures to the foregoing permitted uses and in accordance with the provision of Section 24.3. 24, 1.1 Transport or truck terminals, equipment yards and any similar or other uses involving outside operations or storage, or features tending to be obnoxious or incompatible with other permitted uses for the reasons set out in Sub section 24.1(3) are specifically prohibited. 24.2 Zone Provisions No person shall use any land or erect or use any building or structure in a Prestige Industrial Zone, except in accordance with Section 6 General Provisions and with the following: (a) Minimum Lot Area (hectares) 0.6 (b) Minimum Lot Frontage (metres) 60 RECOMMENDATION EXECUTIVE SUMMARY O Niagara,Falls REPORT TO: SUBMITTED BY: SUBJECT: BACKGROUND His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Planning & Development PD- 2009 -90 AM- 2009 -020, Zoning By -law Amendment Application Applicant: City of Niagara Falls General Amendments to Zoning Bylaw No. 79 -200 PD- 2009 -90 November 16, 2009 1. That Council approve the Zoning By -law Amendment Application to update the definitions of a personal service shop and group home, and to bring road allowance requirements into conformity with the Official Plan, as outlined in this report. 2. That Council pass the by -law on tonight's agenda to implement the amendments. The Zoning By -law amendment is proposed to provide a more contemporary definition of a personal service shop and a group home and to update the road allowance requirements in By -law No. 79 -200 that are set out in the Official Plan. The application can be approved for the following reasons: The new definition of a personal service shops will incorporate such services as tattoo studios, tanning salons and a place for dog obedience classes, all of which are similar in nature and scale to services already provided under this definition and should be accommodated. The group home definition will replace existing outdated definitions that refer to obsolete legislation. The addition of a group home type 2 definition to address facilities for people under probation and parole will differentiate these facilities from ones for people with various social, mental and physical needs. The road allowance regulations will protect the allowances identified to be obtained as conditions of development in the Official Plan. An amendment is proposed to Zoning By -law No. 79 -200 to adopt a more contemporary definition of a personal service shop and a group home and to adjust road widening requirements to reflect current Official Plan requirements. The area affected by Zoning By- law No. 79 -200 (and the amendments) is shown on Schedule 1. November 16, 2009 Personal Service Shops - 2 - PD- 2009 -90 Zoning By -laws include definitions to clearly set out the nature and components of a specific use, to assist the public, businesses and agencies in understanding the expectations of a use and to minimize misinterpretations of terms. The revisions to the following definitions will help stakeholders understand the terms used. Personal service shops are permitted in commercial zones by Zoning By -law No. 79 -200. The current definition excludes tanning salons, tattoo studios and a place for dog obedience classes. These uses are proposed to be included in the new definition. The proposed definition is: Group Home "PERSONAL SERVICE SHOP" means a building, or part thereof, in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, comprising the premises of a barber, hairdresser, beautician, manicurist, pedicurist, tailor, dressmaker and /or shoemaker, as well as a Laundromat, dry cleaner's distribution station, tanning salon, a tattoo studio and a place for dog obedience classes. The sale of merchandise shall be permitted only as an accessory use to the personal service provided." Group Homes are typically permitted in residential zones which permit one family detached dwellings, semi - detached dwellings and duplex dwellings. There are currently 5 different types of group homes defined in the Zoning By -law which refer to Provincial legislation that is no longer in effect. As such these definitions are outdated. A more generic definition, to cover all the previous definitions as well to address group homes under new statutes, is proposed as follows: "GROUP HOME TYPE 1" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being, but does not include a Group Home Type 2." To differentiate between the above noted group homes, which are intended to serve individuals with various social, mental health and physical needs, and facilities that are intended to serve individuals on probation and parole, the following definition is also proposed to be added to By -law No. 79 -200: "GROUP HOME TYPE 2" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff, that is maintained and operated primarily for persons who have been placed on probation or released on parole under provincial or federal statute, or youth who have been charged under provincial or federal statute and who have been placed in detention or custody." November 16, 2009 - 3 - PD- 2009 -90 Road Allowance Requirements The City's Official Plan has been recently updated to reflect the required road allowance widths for City and Regional roads. The proposed changes to bring Zoning By -law No. 79- 200 in conformity with the Official Plan would require buildings and structures, required parking and landscaping to be set back outside of the proposed road allowances. The proposed new setbacks from the centre line of respective streets is listed under Appendix " Information regarding the proposed Zoning By -law Amendment was circulated to City Divisions, the Region and agencies for comment. In addition a Notice of Application and Public Meeting was published in the Niagara Falls Review on October 17, 2009. The following summarizes the comments received to date: Transportation Services • Municipal Works, Building and By -law Services ANALYSIS No objections. The updates to Zoning By -law No. 79 -200 are proposed to ensure the By -law implements changes to the Official Plan and reflects trends in and changes to uses and legislation. Personal Service Shops No objections to the proposed new definitions or proposed road widening provisions. It is recommended that group homes be subject to a parking requirement of 0.33 parking spaces per occupant. The definition of personal service shops groups together various uses that provide cosmetic services for people and pets or alterations to clothing or shoes. Personal service shops are permitted in the City's commercial zones, including the Shopping Centre Commercial, Tourist Commercial, General Commercial and Neighbourhood Commercial zones. As a result of a review of recent zoning amendment applications, three additional uses have been identified as being similar in scale and function to the services listed under the personal service shop definition. These are a tattoo studio, a tanning salon and a place for dog obedience classes. The first two provide cosmetic services, similar to the other services listed under a personal service definition while the third is similar to dog grooming, which is already permitted under the personal service shop definition. The amendment will eliminate the need to file an application to allow any of these uses. No impacts are expected as a result of the redefinition. Services associated with a personal service shop are to be contained in a building, which would minimize noise impacts from any of these uses. Tattoos have increased in popularity in recent years and tattoo studios are similar to other personal service shop functions as far as providing a November 16, 2009 - 4 - PD- 2009 -90 cosmetic treatment. The scale of personal service shops would be of a biggest concern in the Neighbourhood Commercial zone due to the proximity of neighbourhood commercial facilities to residential dwellings. However the floor area limits contained in the Neighbourhood Commercial zone will ensure these uses are kept to a scale that is compatible with a residential environment. Group Homes By -law No. 79 -200 contains 5 different definitions for group homes, as follows: approved home, auxiliary residence for retarded persons, home for special care, senior citizen satellite home and supported housing: adult community mental health home. These definitions, introduced between 1984 and 1989, refer to specific legislation which has changed or is no longer in effect. In addition group homes now fall under a number of federal or provincial statutes that do not fall under any of the legislation succeeding any of the named legislations. Finally, some of the terminology used in current definitions is outdated and would be offensive to some. It is proposed that all 5 existing definitions be replaced with a single, simplified definition that would cover all group homes, except for the one discussed below that would accommodate persons on probation or parole. These more common group homes will be placed under the term "group home type 1 ". This more generic term will be easier for operators and the public to understand than the current definitions. These group homes will continue to be permitted as of right in zones permitting singled detached, semi- detached and duplex dwellings To differentiate between the above noted group homes, which are intended to serve members of the public with various, social, mental or physical needs, and a facility that is intended to serve persons on probation and parole, it is recommended that a second definition be included in the By -law. This type of a group home will be called a "group home type 2 ". Unlike a group home type 1, this type of a group home is only appropriate where the safety of surrounding residents has been assured. Therefore group homes type 2 should only be considered, on a site by site basis, through a zoning by -law amendment. The City's current definitions permit an occupancy of 3 to 6 persons for a single detached dwelling and 3 to 8 persons for semi-- detached and duplexed dwellings. To simplify this occupancy range any group home will be permitted to have 3 to 8 persons. Any group homes that exceed this occupancy limit, such as the group home recently considered by Council for 6432 Thorold Stone Road (AM- 2009 -016) which could accommodate up to 10 residents, should be reviewed through a zoning by -law amendment or minor variance application to ensure the group homes fits in with the surrounding neighbourhood. It is recommended parking requirements for group homes be studied further through the comprehensive zoning by -law review. Road Allowance Provisions To protect for future road widenings By -law No. 79 -200 includes regulations that prohibit development within specific distances from the centreline of certain roads. All buildings (and lot line setbacks thereto identified in the Zoning By -law), required landscaping and required parking are to be located outside of this setback. November 16, 2009 - 5 - PD- 2009 -90 The road allowance provisions in By -law No. 79 -200 are out of date. The Official Plan was updated in 2006 for streets in the City with the necessary road widths to address future transportation needs as well as current engineering standards. The proposed changes to the road allowance requirements in By -law No. 79 -200, as shown in Appendix "1," reflects the requirements of the Official Plan. The identification of these road widths in By -law No. 79 -200 does not mean the City obtains the necessary widenings at this time. The widenings will need to be obtained as a road dedication during a development application such as a site plan or a plan or subdivision, or be expropriated. However these provisions will ensure that future road widenings are not encumbered by buildings, required parking or required landscaping. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Appendix 1 - Proposed Road Allowance Requirements Recommended by: Approved by: Respectfully submitted: Alex Herlov h, Director of Planning & Development Ed Executive Director, Community Services Ke Todd, Chief Administrative Officer A.Bryce :mn Attach. S: \PDR\2009 \PD- 2009 -90, AM- 2009 -020, City of Niagara Falls, General Amendments to By- law.wpd �,. Do %h e . Road,. o \ or 0 oc \ s, , f ne \ / M N P1 rn m Block "F PART ! \ n z m n o a{' 4veyae =0 oFA�ti ' oio- -o ta mz> zmo a ° n o z v o -o 5 0r o v,0 Pf:AN 5 59R u s November 16, 2009 Subject Land Applicant: City of Niagara Falls -6 SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 PD- 2009 -90 AM- 2008 -16 K: \GIS _Requests \ MOB \schedules \Zoning4M1AM. I6\nlapping.inap June 2008 Column A Column B Column C Column D ROAD FROM TO MINIMUM DISTANCE FROM CENTRELINE OF ORIGINAL ROAD ALLOWANCE Ailanthus Avenue McLeod Road Dunn Street 11.5 m Alex Avenue McLeod Road Crimson Drive 10 m Allendale Avenue Ferry Street Dixon Street 11.5 m Alpine Drive Montrose Road Brookdale Drive 10 m Badger Road Charnwood Avenue Montrose Road 10 m Baker Road Lapp Road East City Limit 11.5 m Barker Street Dorchester Road Main Street 10 m Beaverdams Road Thorold Townline Road Kalar Road 13 m Beaverdams Road Kalar Road Lundy's Lane 11.5 m Beck Road Lyons Creek Road Gonder Road 11.5 m Beechwood Road Taylor Road Brown Road 13 m Bender Street Victoria Avenue Falls Avenue 11.5 m Biggar Road West City Limit Montrose Road 13 m Bossert Road Beck Road King Road 13 m Bossert Road King Road Ort Road 11.5 m Bossert Road Ort Road Niagara Parkway 13 m Bridge Street* Stanley Avenue Victoria Avenue 10.05 m Bridge Street* Victoria Avenue River Road 11.6 m Brookdale Drive Thorold Stone Road Alpine Drive 10 m Brown Road 1 West City Limit Montrose Road 13 m Buchanan Avenue Ferry Street Highway 420 13 m Buttrey Street Victoria Avenue River Road 10 m Caledonia Street Dorchester Road Dunn Street 10 m Canadian Drive Montrose Road Pin Oak Road 11.5 m Cardinal Drive Montrose Road Thorold Stone Road 11.5 m Carl Road McCredie Rd West City Limit 10 m Caronpost Road Willoughby Drive East City Limit 10 m November 16, 2009 - 7 - APPENDIX 1 ROAD ALLOWANCE REQUIREMENTS PD-2009-90 Casey Street Dorchester Road Harriman Street 10 m Catalina Street Kalar Road Pitton Road 10 m Cattell Drive Willoughby Drive East City Limit 10 m Charnwood Avenue Montrose Road Montrose Road 10 m Chippawa Creek Road* West City Limit Montrose Road 13.1 m Chippawa Parkway Dorchester Road Stanley Avenue 13 m Chippawa Parkway Stanley Avenue Portage Road 11.5 m Church's Lane St. Paul Avenue Whirlpool Road 11.5 m Clark Avenue Ferry Street Robinson Street 13 m Clifton Hill Victoria Avenue River Road 11.5 m Corwin Crescent Stokes Street Lundy's Lane 10 m Crimson Drive Drummond Road Alex Avenue 10 m Crowland Avenue Grassy Brook Road Netherby Road 11.5 m Cummington Square Front Street Main Street 13 m Dell Road Lyons Creek Road Rexinger Road 11.5 m Delta Drive Montrose Road Montrose Road 10 m Detenbeck Road Ort Road Niagara Parkway 11.5 m Dixon Street Drummond Road Allendale Avenue 11.5 m Dixon Street Allendale Avenue Fallsview Boulevard 13 m Don Murie Street Stanley Avenue West Limit 13 m Dorchester Road Chippewa Parkway Oldfield Road 13 m Dorchester Road Oldfield Road McLeod Road McLeod Road 11.5 m 13 m Dorchester Road Mountain Road Drummond Road Thorold Stone Road McLeod Road 13 m Dunn Street Dorchester Road Drummond Road 10 m Dunn Street Drummond Road Stanley Avenue 13 m Dunn Street Stanley Avenue Fallsview Boulevard 13 m Earl Thomas Avenue Progress Street Don Murie Street 13 m Ellen Avenue Ferry Street Walnut Street 10 m Falls Avenue Rainbow Bridge Clifton Hill 10 m Fallsview Boulevard Ferry Street Portage Road 13 m Fallsview Boulevard Portage Road Livingstone Street 13 m Ferguson Street Victoria Avenue River Road 10 m November 16, 2009 - 8 - PD- 2009 -90 Ferry Street Stanley Avenue Victoria Avenue 13 m Ferry Street* Main Street Stanley Avenue 11.6 m Forsythe Street Stanley Avenue Lewis Avenue 10 m Frederica Street Dorchester Road Drummond Road 10 m Gallinger Street Drummond Road Portage Road 21.5m Garner Road Mountain Road Chippawa Creek Road 13 m Glengate Street Drummond Road Pettit Avenue 10 m Gonder Road Montrose Road Beck Road 11.5 m Grassy Brook Road Montrose Road West Limit 11.5 m Harriman Street Harte Circle Dorchester Road 10 m Harvard Avenue Wiltshire Boulevard Oxford Street 10 m Hiram Street River Road Ontario Avenue 11.5 m Huron Street Victoria Avenue Ontario Avenue 10 m Jubilee Drive McLeod Road Dorchester Road 10 m Kalar Road* Mountain Road Montrose Road 13.1m Kalar Road Montrose Road Thorold Stone Road 13 m Kalar Road Thorold Stone Road McLeod Road 15 m Kalar Road McLeod Road Chippawa Creek Road 13 m King Road Bossert Road Baker Road 13 m Kister Road Ramsey Road Chippewa Parkway 13 m Kitchener Street Victoria Avenue Portage Road 10 m Koabel Road Montrose Road Willodell Road 13 m Lapp Road Baker Road South City Limit 13 rn Lemon Road Montrose Road Willodell Road 11.5 m Lewis Avenue Forsythe Street Kitchener Street 10 m Lincoln Street Crowland Avenue West Limit 11.5 m Livingstone Street Stanley Avenue Fallsview Boulevard 13 m Logan Road Beck Road Ort Road 11.5 m Lundy's Lane(Hwy #20)* West City Limit Garner Road 17.5 m Lundy's Lane(Hwy #20)* Garner Road Main Street 13.1 m Lyon's Creek Road* Montrose Road Sodom Road 13.1 m November 16, 2009 - 9 - PD- 2009 -90 Main Street (Chippawa) Willoughby Drive Niagara Parkway 11.5 m Main Street (Chippawa) Sodom Road Willoughby Drive 13 m Main Street Fallsview Boulevard Summer Street 11.5 m Marineland Parkway Stanley Avenue Portage Road 13 m Marineland Parkway* McLeod Road Stanley Avenue 15.25 m Marshall Road Willodell Road Niagara Parkway 11.5 m Matthews Drive Mount Carmel Boulevard Montrose Road 11.5 m Mayfair Drive Sinnicks Avenue Swayze Drive 10 m McCourt Road Willodell Road Beck Road 11.5 m McCredie Road Carl Road Willodell Road 11.5 m McGarry Drive Kalar Road West Limit 11.5 m McKenney Road Grassy Brook Road Young Road 11.5 m McKenney Road Schisler Road Netherby Road 11.5 m McLeod Road* Oakwood Drive Marineland Parkway 15.25 m McLeod Road Thorold Townline Road Montrose Road 15 m McRae Street Stanley Avenue Victoria Avenue 10 m Mewburn Road Mountain Road Scholfield Street 10 m Mewburn Road Mountain Road North City Limit 13 m Miller Road Sodom Road Niagara Parkway 11.5 m Misener Road Cad Road Schisler Road 11.5 m Misener Road Yokom Road Netherby Road 11.5 m Montrose Road* Mountain Road McLeod Road 13.1 m Montrose Road* McLeod Road Welland River 15.25 m Montrose Road* Welland River South City Limit 13.1 m Morningstar Road King Road Sodom Road 11.5 m Morris Road Lincoln Street Netherby Road 13 m Morris Road Grassy Brook Road Schisler Road 13 m Morrison Street Montrose Road Dorchester Road 15 m Morrison Street Dorchester Road Stanley Avenue 13 m Morrison Street Stanley Avenue Victoria Avenue 10 m Mount Carmel Boulevard Kalar Road Montrose Road 11.5 m Mountain Road* Taylor Road Portage Road 13.1 m November 16, 2009 - 10 - PD- 2009 -90 Murray Street Drummond Road Allendale Avenue 11.5 m Murray Street Allendale Avenue River Road 13 m Netherby Road* West City Limit Montrose Road 15.25 m Niagara Townline Road* St. Paul Avenue Stanley Avenue 13.1m North Street Drummond Road Stanley Avenue 11.5 m North Street Stanley Avenue Buchanan Avenue 13 m O'Neil Street Dorchester Road Portage Road 10 m Oakwood Drive McLeod Road Montrose Road 11.5 m Old McLeod Road Ailanthus Avenue East City Limit 11.5 m Olden Avenue Mountain Road Casey Street 10 m Oldfield Road Dorchester Road Drummond Road 13 m Ontario Avenue Park Street Palmer Avenue 10 m Ontario Avenue Hiram Street Bender Street 10 m Ort Road Bossert Road Baker Road 11.5 m Oxford Street Harvard Avenue Dorchester Road 10 m Paddock Trail Drive Kalar Road Brookdale Drive 10 m Palmer Avenue Ontario Avenue Bender Street 10 m Park Street Victoria Avenue River Road 10 m Pettit Avenue Dorchester Road Glengate Street 10 m Pin Oak Drive McLeod Road South Limit 13 m Pitton Road Catalina Street Westwood Street 10 m Portage Road* Stanley Avenue Mountain Road 13.1 m Portage Road Mountain Road O'Neil Street 11.5 m Portage Road Thorold Stone Road O'Neil Street 13 m Portage Road Thorold Stone Road Gallinger Street 10 m Portage Road Summer Street Gallinger Street 11.5 m Portage Road Fallsview Boulevard Marineland Parkway 13 m Portage Road Marineland Parkway Front Street 13 m Preakness Street Paddock Trail Drive Montrose Road 11.5 m Preston Avenue Paddock Trail Drive Brookdale Drive 10 m Progress Street Stanley Avenue West Limit 13 m Queen Street Victoria Avenue River Road 11.5 m Ramsey Road Stanley Avenue Kister Road 13 m November 16, 2009 PD- 2009 -90 Rexinger Road West Limit Lyons Creek Road 11.5 m Rexinger Road Stanley Avenue (West) Ort Road 11.5 m Riall Street Dorchester Road St. Paul Avenue 10 m Ridge Road Montrose Road West Limit 11.5 m Roberts Street Stanley Avenue Falls Avenue 20.6 m Robinson Street Allendale Avenue Queen Victoria Park 13 m Sarah Street Main Street East Limit 10 m Sauer Road Willodell Road Sodom Road 13 m Schaubel Road Schneider Road South Limit 11.5 m Schihl Road* Netherby Road South City Limit 13.1 m Schisler Road* West City Limit Misener Road 15.25 m Schisler Road* Misener Road Montrose Road 13.1 m Schisler Road Montrose Road Beck Road 13 m Schneider Road Montrose Road Schaubel Road 11.5 m Sherk Road King Road Ort Road 11.5 m Sherk Road Sodom Road Niagara Parkway 11.5 m Sinnicks Avenue Thorold Stone Road Mayfair Drive 10 m Sodom Road* South City Limit Lyon's Creek Road 13.1 m Somerville Road Sodom Road Niagara Parkway 11.5 m St. Paul Avenue O'Neil Street Mountain Road 13 m St. Paul Avenue* Mountain Road North City Limit 13.1 m Stanley Avenue* Niagara Townline Road Highway 420 13.1 rn Stanley Avenue* Highway 420 Lyon's Creek Road 15.25 m Stanley Avenue Lyon's Creek Road Marshall Road 13 m Swayze Drive Portage Road Stanley Avenue North City Limit 11.5 m 13.1 m Taylor Road* Thorold Townline Road Thorold Stone Road* West City Limit Garner Road 21 m Thorold Stone Road* Garner Road Stanley Avenue 13.1 m Thorold Townline Road* Brown Road North City Limit 13.1 m Valley Way Drummond Road Queen Street 11.5 m Victoria Avenue Ferry Street Highway 420 13 m Victoria Avenue Bridge Street Niagara Parkway 13 m Watson Street Montrose Road Beaverdams Road 10 m November 16, 2009 - 12 - PD- 2009 -90 Weaver Road Ort Road Niagara Parkway 13 m Weinbrenner Road Sodom Road Willoughby Drive 11.5 m Westwood Avenue Charnwood Avenue Kalar Road 10 m Whirlpool Road Stanley Avenue Niagara River Pkwy 11.5 m Willick Road Ort Road Willoughby Drive 11.5 m Willodell Road Lyons Creek Road Schneider Road 11.5 m Willoughby Drive Cummington Square Weaver Road 13 m Willoughby Drive Weaver Road Somerville Road 11.5 m Woodbine Street Kalar Road Montrose Road 11.5 m Woodgate Street Dorchester Road Olden Avenue 10 m Yokom Road Montrose Road West Limit 11.5 m Young Road Montrose Road West Limit 11.5 m November 16, 2009 - 13 - PD- 2009.90 *Denotes Regional Road Niagara,Falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development November 2, 2009 PD- 2009 -86 SUBJECT: PD-2009 -86 Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue RECOMMENDATION That Council support the following: 1. A change to the Residential Loan Program to a Residential Grant Program for the renovation of older apartments and unused vacant space above businesses along Queen Street and Erie Avenue to further stimulate economic recovery of the Downtown area. 2. That the maximum grant be for 50% of the eligible funds up to $15,000 ($10,000 from the City and $5,000 from the Region) based on a minimum renovation of $30,000 and there be an expenditure cap of $250,000 or 25 units. 3. That the Residential Grant Program applies to Queen Street and Erie Avenue and comes into effect on January 1, 2010 and be established for a three -year period and be reviewed after that time. That Council, during 2010 Budget deliberations, consider the allocation of the same amount in 2009 of $465,000. The breakdown of this will be as follows: $200,000 Sylvia Place Redevelopment $ 15,000 Commercial Building and Facade Improvements $250,000 Residential Grants EXECUTIVE SUMMARY As a progressive measure to help stimulate residential development and economic recovery within the Downtown core, staff is recommending a change to the Residential Loan Program to a Residential Grant Program to encourage the renovation of older existing apartments and vacant floor space above businesses along Queen Street and Erie Avenue. Staff is proposing a cap of $250,000 or 25 units, as well as, a time limit of three years for this program change. The Downtown BIA supports this change and believes that now, more than ever, is the time to assist in stimulating residential development Downtown. November 2, 2009 - 2 - PD- 2009 -86 BACKGROUND On October 19, 2009, Council deferred the portion of Report PD- 2009 -63 dealing with a proposed change to the financial incentive programs for the Downtown which would allow a Residential Grant along Queen Street and Erie Avenue. There is a desire by Council to deal with this matter in open Council. This item has been advertised in the local newspaper and included on the City's web site. This proposed change is specific to the area along Queen Street and Erie Avenue and is applicable to older apartment units that require renovation and vacant space above main floor commercial space. The Residential Loan Program has been available for three years and only one application has been approved for the Downtown area. Based upon the lack of interest in this funding program, staff is recommending a change that will encourage the utilization of funds to help stimulate residential development Downtown. The Downtown BIA acknowledges that with a number of new stores and restaurants, now is a good time to encourage new and /or upgraded apartments that will see more people living in the area. The Residential Loan Program is to remain as an incentive program for the balance of the Downtown CIP area. ANALYSIS Staff monitors the number of applications received under the financial incentive programs on an ongoing basis and works with landowners within the CIP areas encouraging the carrying out of improvements on their property. The intent of the financial incentive programs is to stimulate redevelopment and private sector investment. If certain programs are not working, Staff feels there is an obligation to advise Council and to propose changes to programs to meet the objectives of the Community Improvement Plan. Council may recall that a change was recommended to the Downtown financial incentives a couple of years ago whereby the Commercial Building Loan was changed to a Commercial Building Grant. This program change has worked well. There is a considerable amount of underutilized floor space above commercial buildings along Queen Street and Erie Avenue. Through the proposed program change, it is hopeful that older apartments will be renovated and vacant space will be constructed with new residential apartments. The program change will better utilize the funds to rneet the needs and economic recovery of the Downtown area. By encouraging people to live Downtown, they will frequent the new shops, entertainment areas and restaurants, as well as, utilize existing services provided by banks, medical offices and post office. When contacting other municipalities that have CIP programs, we found that there were some who provided residential grants and some who provided residential loans. We acknowledge that grants are easier to administer and are more attractive to landowners. The City of St. Catharines has a residential grant program and they have approved more than 150 new residential housing units over the past few years in their downtown. If we could achieve a similar 150 improved and /or new apartments in the Downtown core, the activity created by new residents would enhance the Downtown dramatically. FINANCIAL IMPLICATIONS The approved CIP budget for 2009 is $465,000 of which about $400,000 is uncommitted. November 2, 2009 - 3 - PD-2009-86 A portion of the surplus funds will be set aside to pay for applications approved earlier this year and any further approvals in 2009. The change to the Downtown Financial Incentives Program to a Residential Grant along Queen Street and Erie Avenue does not involve any additional funds in 2010 than were approved in 2009. The amount of budget can be divided in such a way that $250,000 can be set aside for the revised Residential Program, $200,000 for the Sylvia Place Market redevelopment and the remaining $15,000 be set aside for Commercial Building and Facade Improvement applications on a first come first serve basis, CITY'S STRATEGIC COMMITMENT The Downtown has undergone considerable change with a number of new shops and restaurants over the past couple of years. The opportunity presents itself to change the residential program from a loan to a grant to help stimulate new residential development in the Downtown core. Such development would have a positive impact by increasing the number of residents living in the Downtown and utilizing the wide range of services available. Furthermore, the proposed change will strengthen and promote economic development within the City which satisfies one of Council's strategic priorities. To assist in the progressive success of the Downtown, the program change form a Residential Loan to a Residential Grant along Queen Street and Erie Avenue can be supported. Recommended by: Approved by: Respectfully submitted: B.Bolibruck S:IPDR\2009 \PD- 2009 -86, Residential Loan to Grant Downtown.wpd Alex Herlovitch, Sector of Planning & Development Ed D*;ovic, cutive Director, Community Services Ken Todd, Chief Administrative Officer Corporate Services Department Clerk's Division Inter - Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 NiagaraJalls TO: His Worship Ted Salci DATE: November 16, 2009 & Members of Council RE: PD- 2009 -86, Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue At the November 2n Downtown Steering Committee, the following recommendation was approved: It was moved by Councillor Jim Diodati and seconded by Councillor Wayne Thomson that the Committee supports the approval of Report PD- 2009 -86. Carried Pi i ck Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development 00/28/2009) Dean lorfida - Re: User Fee Meeting Page 1 From: "Tim Koabel" <tdstc @cogeco.ca> To: "Jim Diodati" <jdiodati @niagarafalls.ca> Date: 10/28/2009 3:24 PM Subject: Re: User Fee Meeting Hi Jim, Thank you for your reply. We have been hosting our tournament for the last 30 years around the second weekend of July, usually follows the long weekend. Thanks, Tim Original Message From: "Jim Diodati" <jdiodati @niagarafalls.ca> To: <tdstc @cogeco.ca> Cc: "Dean lorfida" <diorfida @niagarafalls.ca> Sent: Wednesday, October 28, 2009 9:16 AM Subject: Re: User Fee Meeting Tim, When is the actual event? Jim Original Message From: "Tim Koabel" <tdstc @cogeco.ca> To: Jim Diodati <jdiodati @niagarafalls.ca> To: Victor Pietrangelo <vpietrangelo @niagarafalls.ca> Sent: 10/27/2009 4:26:57 PM Subject: User Fee Meeting Gentlemen, My name is Tim Koabel , President of the Chippawa Vol. Firefighters Association and hoping I can get some support in getting the user fees waived for our Association. I've been trying through letters to the Parks and Rec. Our Association uses the Chippawa parks for our Annual Slo -pitch Tournament and also recently a car show. Monies generated go back into the community as charitable donations, scholarship awards and supporting local sports for children. The User fee has been dropped to $250 for the weekend from the astronomical fee of about $2300 that they originally wanted. But as a non - profit group that provides fire sevice and financial support for community projects, it's would nice to have the fees waived for the diamonds and donated by the city for our fundraisers. I will be attending Wednesdays meeting should you have any questions. Thank you for your time, Tim Koabel (11/4/2009) Dean lorfida - Re: Fw User Fee Meeting From: Denyse Morrissey To: Dean Iorfida Date: 11/4/2009 2:20 PM Subject: Re: Fw: User Fee Meeting CC: Ed Dujlovie; Kathy Moldenhauer; Todd Harrison Name DatesFieldUsage (in days)# of FieldsPer Field /Per dayBefore Tairotal Cost (Taxes in) July 10 /11 /12Lion's #1 /Cummings37$25.00 $ 525.00 $ 551.25 Iii Dean, Assuming the recommended fees, as per Schedule 4 in the draft report - the above was calculated using what they booked in 2009 - or an estimated value of $525 plus GST on 2010. Regards, Denyse »> Dean Iorl9da 11/4/2009 10:09 AM »> Please provide me with a memo or e -mail on the costs of this proposed tournament. The request will be under Communications for the 16th. Thanks Dean Page 1J Dean lorfida City of Niagara Falls Director of Council Services and City Clerk 4310 Queen Street Clerk's Office Niagara Falls, ON L2E 6X5 Dear Mr. lorfida, We have been contracted by Great Wolf Lodge to execute a fireworks display for this year's New Year's Celebration, on December 31st, 2009. We would like to make a request on behalf of Great Wolf Lodge to reserve Glenview Park for this date, for the purpose of setting up and firing these displays. We would require the park from 4pm to 11 pm. RedBoss will be responsible for obtaining all permits through the Niagara Falls Fire Department and will also insure the city of Niagara Falls for 5 Million Dollars Liability. {Copy attached} If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello CEO REDBOSS® PYROTECHNICIANS INC November 10, 2009 P.O. BOX 120 • FENWICK, ON • LOS 100 PHONE: 905 892 1806 • FAX: 905 892 2461 EMAIL REDBOSSC ON.AIBN.COM WWW.REDBOSS.CA NOTWITHSTANDING ANY REQUIREMENT, TERM CONDITION S OF WITH TO HIGH THIS ➢. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR LTR A DD 'L - N RO GENERALLIADILITY • ,_• COMMERCIAL GENERAL LIABILITY POLICY NUMBER 10111345 DATEYMM 00 TIVE A 8/28/2009 PDATE MOD DATE MMOD Y 8/28/2010 LIMITS EACNOCCURRENCE 5 5 0000 000 X DAMAGE TO RENTED PREMBES(Eaoccurence) 51 000 000 CLAIMS MADE X OCCUR MED EXP (Anyone person) $1,000 5 5 , 000,000 $ 5 000 000 PERSONALaAM/INJURY GENERALAGGREGATE GEN'LAGGREGATELIMITAPPLIESPER: POLICY X . PRo L00 PRODUCTS - COMP /OP AGG 3 S OOO OOO AUTOMOBILE LIASILITY ANY AUTO ALL OW NEO AUTOS SCHEDULEDAUTOS HIREDAUTOS NON- OWNEDAUTOS COMBINED SINGLE LIMIT (EaaccidenG BODILYINJURY B eraool ent) PROPERTYDAMAGE (Peraccitlent) $ GARAGE LIABILITY ANYAUTO AUTO ONLY- EAACCIDENT OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OPFICERIMEMBEREXCLUDEDY If yes,tlescribe untler SPECIAL PROVISIONS below WC BTATV- TORY LIMITS OTH- ER 5 E.L. EACH ACCIDENT E.LDISEASE- EAEMPLOYEE S E.L. DISEASE - POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES /EXCLUSIONSADDEDBYENDORSEMENT/ SPECIAL PROVISIONS Mate of Venue: Thursday, December 31st, 2009 ime of Display: Between 8:00 & 10:00 p.m. aindate: within 10 Business Days ocation of Display: Glenview Park, Victoria Avenue, Niagara Falls adjacent to Great Wolf Lodge dditional Insured: Certificate Holder is named as additional insured in regards to the above referenced event and The ity of Niagara Falls, 4310 Queen Street, Niagara Palls, ON L2E 6X5 rcoT6lrATeunin,n ACORD,N CERTIFICATE OF LIABILITY INSURANCE PRODUCER Phone: 440- 248 -4711 Fax: 440- 248 -5406 Britton - Gallagher and Associates, Inc. 6240 SOM Center Rd. DATE(MMIDD/YYYY) 11/10/2009 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF NFORMATION UPON THE CERTIFICATE NOT AMEND EXTEND OR BY THE POLICIES BELOW. eve and 01-1 44 INSURED RedBoss Pyrotechnicians Inc. P, O. Box 120 Fenwick ON LOS1C0 COVERAGES T ACORD 25 (2001108) INSURERS AFFORDING COVERAGE INSURER AIG Commercial Insurance Co. O INSURER B: INSURER C. INSURER D: INSURER E: ELLATION NAIC # Great Wolf Lodge 3950 Victoria Avenue Niagara Falls ON L2E 7M8 Canada SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) It gives me great pleasure to call upon all Mayors, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2009. The Correctional Service of Canada (CSC) has been an active partner in the restorative justice community for more than a decade and has been proud to provide leadership to the annual celebration since 1996. Restorative Justice Week 2009 will be held within Canada, and throughout the world, from November 15 to November 22 " The theme is "Communities Responding to Human Needs ", which focuses on sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of a restorative justice approach and processes. In 2008, there were 167 towns and cities across Canada, representing almost 40% of the Canadian population, who proclaimed Restorative Justice Week. Things you could do as leaders in your community include the following: • Declare / proclaim Restorative Justice Week 2009. The following link provides a printable version of a proclamation form: http: / /www.csc- sec.gc.ca /text /rj /rj2009 /proc- eng.shtml; • Host a town hall meeting to promote an awareness of how restorative justice is expressed in your communities; • Promote an open, respectful dialogue in an effort to help members of your community deal with issues such as community safety and relationship deterioration caused by conflict, in order to nurture the healing process; • Challenge your community partners to create a local planning committee for Restorative Justice Week 2009 activities; • Invite a guest speaker(s) from your community, who is involved in restorative justice, to share their perspectives or contact CSC's Restorative Justice Division for speakers to come to your event at: RestorativeJustiee(iiicse -scc. e,ca Municipal participation in previous years has been a great success and we hope to build on that this year with your support. Please let us know if your city, town or village is planning an event or proclaiming Restorative Justice Week 2009. We would like to recognise your participation in our national report. It would be appreciated if you could fax a copy of the proclamation or the minutes of the meeting declaring /proclaiming Restorative Justice Week 2009. Please include your contact information to the attention of Carol -Anne Grenier at (613) 943 -2171. Sincerely, Original Signed by Don Head Commissioner -- )cIcafrnatiofl WHEREAS, in the face of crime or conflict, restorative justice offers a philosophy and approach that views these matters principally as harm done to people and relationships; and WHEREAS, restorative justice approaches strive to provide support and opportunities for the voluntary participation and communication between those affected by crime and conflict (victims, offenders, community) to encourage accountability, reparation and a movement towards understanding, feelings of satisfaction, healing and closure; and WHEREAS, this year's theme for Restorative Justice Week is "Communities Responding to Human Needs ", it is an opportunity to learn, educate and celebrate along with other communities across the country about restorative justice during the week. THEREFORE, I, (Title) of the (location) of do hereby proclaim November 15 - November 22, 2009 as Restorative Justice Week in the (Location) of rn m 0 m 0) ti REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Niagar November 16, 2009 SUBJECT: F- 2009 -56 Municipal Accounts RECOMMENDATION F- 2009 -56 That Council approve the municipal accounts totalling $43,661,762.61 for the period October 1, 2009 to October 28, 2009. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: Todd Harrison, Dir ctor of Financial Services K. E. Burden, Executive Director, Corporate Services Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1473944 ONTARIO LIMITED 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTIN( 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTIN( 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS & SAFETY SUPF 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 984265 ONTARIO LTD aka CIRCLE P PAVING A COUPLE OF CHICKS MARKETING LTD A GREEN WINDOW & BLIND CLEANING LTD. A J STONE COMPANY LTD Al ASPHALT MAINTENANCE AA INTERNATIONAL CONSULTANTS ACCU LOCK AND SECURITY ACCUETRUST SECURITY INC ACKLANDS GRANGER INC AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AGO INDUSTRIES INC. AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIRD,LARRY& AIRD, MARY ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALL GREEN IRRIGATION ALL GREEN IRRIGATION ALL PRO RENTALS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMS INC ANCASTER PAVING LIMITED ANDRIGHETTI,DAVE ANTONIO,CHUCK AQUICON CONSTRUCTION CO LTD AQUICON CONSTRUCTION CO LTD ARTISTA DESIGN & PRINT INC ATR- ALLIED TECHNICAL RESOURCES AVIS CAR INC AVIS CAR INC B & S POOL SERVICES BAIN PRINTING LIMITED BALDINELLI, LOUIE BARBISAN RESEARCH & DEVELOPMENT CORP BARCLAY & TODD'S BARCLAY & TODD'S BARRETTKEVIN BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEST WESTERN CAIRN CROFT HOTEL BIGGARS KEY SHOP BIRMINGHAM FIRE CONTROL BMO LENDING OPERATIONS SUPPORT CENTRE BONDFIELD CONSTRUCTION COMPANY LIMITED BOUTILIER,J BOYLE,PEGGY BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRENNAN PAVING LTD. BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK & PARTNERS BRODERICK & PARTNERS Cheque No. Cheque Date Purpose 331879 01 -Oct -2009 332018 15 -Oct -2009 332172 21- Oct -2009 331882 07- Oct -2009 332019 15- Oct -2009 332345 28- Oct -2009 332208 21- Oct -2009 332175 21 -Oct -2009 332346 28 -Oct -2009 331887 07 -Oct-2009 332020 15- Oct -2009 331883 07 -Oct -2009 331884 07 -Oct -2009 332173 21 -O0t -2009 332174 21 -Oct -2009 332176 21- Oct -2009 332021 15- Oct -2009 332022 15- Oct -2009 331885 07- Oct -2009 332023 15- Oct -2009 332177 21- Oct -2009 331886 07- Oct -2009 331888 07- Oct -2009 332178 21- Oct -2009 332179 21- Oct -2009 332347 28 -Oct -2009 332024 15- Oct -2009 331889 07 -001-2009 332025 15 -Oc1 -2009 331890 07 -001-2009 332181 21 -Oct -2009 332180 21 -Oct -2009 331891 07- Oct -2009 332026 15- Oct -2009 332182 21- Oct -2009 332027 15- Oct -2009 332348 28 -Oct -2009 331892 07 -Oct -2009 332183 21 -Oct -2009 331893 07 -Oct -2009 332184 21 -Oct -2009 332185 21 -Oct -2009 331894 07 -Oo1-2009 331895 07 -Oct -2009 332029 15- Oct -2009 332030 15- Oct -2009 332187 21 -Oct -2009 332031 15- Oct -2009 332188 21- Oct -2009 332032 15- Oct -2009 332189 21- Oct -2009 332033 15 -Oc1 -2009 331896 07 -Oct-2009 331897 07 -Oct-2009 332035 15- Oct -2009 332191 21- Oct -2009 332192 21- Oct -2009 331898 07 -Oct -2009 332036 15- Oct -2009 332350 28- Oct -2009 332193 21- Oct -2009 332351 28- Oct -2009 332037 15 -Oct -2009 332194 21 -Oct -2009 332195 21- Oct -2009 331900 07 -Oct -2009 332352 28- Oct -2009 332038 15 -Oct -2009 332353 28 -Oct -2009 331901 07- Oct -2009 332039 15 -001-2009 332040 15- Oct -2009 332354 28 -Oct -2009 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS CONTRACT SERVICES - ASPHALT P MONTHLY WEBSITE DEVELOPMEN1 MATERIALS MATERIALS CONTRACT 2009 -09 -- 2009 CRACK MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES STORES /INVENTORY CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND BUILDING PERMIT BP -2009 CONTRACT SERVICES - HAMPTON I CONTRACT SERVICES - 2006 - 155 -05 CONTRACT SERVICES - FOURTH A\ CONTRACT SERVICES - 2009 -02 SID MATERIALS MATERIALS MATERIALS LEASES AND RENTS CONTRACT SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS CONTRACT SERVICES REFUND - SAFETY SHOES TRAVEL/MILEAGE CONTRACT T -04 -2008 BOB GALE AR CONTRACT T -04 -2008 BOB GALE AR BUSINESS CARDS - J POTTS MATERIALS REFUND OF OVERPAYMENT FOR Pi REFUND OF OVERPAYMENT - PARK CONTRACT SERVICES MATERIALS REFUND - SAFETY SHOES CONTRACT SERVICES MATERIALS MATERIALS REFUND FOR OVERPAYMENT OF P/ SERVICES UTILITIES CLAIM 2009 -224 - 6825 HIGH ST SERVICES UTILITIES EQUIPMENT MATERIALS TRAVEL/MILEAGE MATERIALS MATERIALS REFUND FOR OVERPAYMENT OF Ti CONTRACT SERVICES - NIAGARA C TRAINING TRAVEUMILEAGE GRANT CONTRACT SERVICES CONTRACT SERVICES - 2009 ASPH! MATERIALS MATERIALS NCCC CONTRACT SERVICES - PEOPLE MC Page 1 of 8 Amount 332,679.36 97.13 210.00 313.95 78.75 94.50 9,348.41 6,195.00 630.00 637.84 9,282.76 718.68 168.00 271.20 256.76 9,914.53 37.69 186.39 112.62 2,772.31 241.62 750.00 2,276.69 161,387.20 39,320.37 23,349.99 544.66 254.10 466.20 1,062.20 1,853.20 490.68 932.29 965.79 949.04 897.47 78,738.45 142.37 36.50 1,231,334.39 2,077,610.89 33.90 1,633.18 20.00 20.00 455.12 1,377.19 150.00 1,525.50 730.60 429.97 20.00 50.46 95.93 882.17 56.50 19.16 12,350.90 1,043.29 888.18 11.98 67.10 1,315.00 5,347,784.81 45.00 47.50 16,066.67 2,650.50 49,028.41 2,608.93 72.28 328.13 1,024.80 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. BUNTIN REID 332041 BUNTIN REID 332196 BURGOYNE,JIM 331902 BURKE GROUP - THE 331903 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 331919 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 332219 CAD MICROSOLUTIONS INC 332355 CANADA BREAD- ONTARIO #T6249 332356 CANADA CULVERT 332197 CANADIAN DOOR DOCTOR 332043 CANADIAN PACIFIC RAILWAY CO 332044 CANADIAN PORTABLE SERVICES 332199 CANADIAN SAFETY EQUIPMENT INC 331905 CANADIAN SAFETY EQUIPMENT INC 332045 CANADIAN SAFETY EQUIPMENT INC 332200 CANADIAN SAFETY EQUIPMENT INC 332358 CANALI,KAREN 332042 CANNON HYGIENE CANADA LTD 331904 CANQUEST COMMUNICATIONS (WIRELESS) INC. 332357 CANTEC SECURITY SERVICES INC 332201 CARLETON UNIFORMS INC 331906 CARLETON UNIFORMS INC 332202 CARLETON UNIFORMS INC 332359 CARRUTHERS,CLYDE 332360 CASTRILLI,JOHN 332046 CATHERWOOD,MARIANNE 332361 CENTENNIAL CONCRETE (NIAGARA) INC 331907 CENTENNIAL CONCRETE (NIAGARA) INC 332047 CENTENNIAL CONCRETE (NIAGARA) INC 332362 CENTRE COURT CAFE 332048 CENTRE COURT CAFE 332204 CENTURY VALLEN 331908 CENTURY VALLEN 332205 CERIDIAN CANADA LTD 332049 CHARLES JONES INDUSTRIAL LTD 331909 CHARLES JONES INDUSTRIAL LTD 332050 CHARLES JONES INDUSTRIAL LTD 332206 CHARLES JONES INDUSTRIAL LTD 332364 CHEW LANE FABRICATIONS 332207 CH IECALUCIANO 332365 CHRIS TURNER ASSOCIATES INC 332162 CIMCO REFRIGERATION 331910 CIMCO REFRIGERATION 332051 CIT FINANCIAL LTD 332366 CODE 4 FIRE & RESCUE INC 332209 COFFEY GEOTECHNICS INC 332052 COGECO CABLE CANADA LP 331911 COGECO CABLE CANADA LP 332053 COGECO CABLE CANADA LP 332210 COGECO CABLE CANADA LP 332367 COLBEY CUSTOM FABRICATING CO LIMITED 331912 COLBEY CUSTOM FABRICATING CO LIMITED 332211 COLLEE,DOUGLAS 332212 COLLINSON,JACK 331913 COMMERCIAL SOLUTIONS INC 332054 COMMERCIAL SOLUTIONS INC 332213 COMMISSIONAIRES 331914 COMMISSIONAIRES 332055 COMMISSIONAIRES 332214 COMMUNITY HERITAGE ONTARIO 332215 COMPLETE UTILITES CONTRACTING INC 332056 COMPLETE UTILITES CONTRACTING INC 332216 COMPRESSOR SYSTEMS INTERNATIONAL INC 332217 CONNEX SEE SERVICE INC - FORMERLY CYGNAL TECHNOLOGIE 331915 CONS SCOL DE DIST DU CENTRE - SUD -OUEST WIRE CONS SCOL DE DIST CATHOLIQUE CENTRE -SUD WIRE CORPORATE CONSTRUCTION INC. 331916 COTTON INC 331917 COTTON INC 332057 CRAWFORD & COMPANY (CANADA) INC 331918 CRAWFORD & COMPANY (CANADA) INC 332059 CRAWFORD & COMPANY (CANADA) INC 332218 CUPE LOCAL 133 331920 CUPE LOCAL 133 332060 Cheque Date Purpose 15- Oct -2009 MATERIALS 21- Oct -2009 MATERIALS 07- Oct -2009 REFUND - SAFETY SHOES 07- Oct -2009 ADMINISTRATIVE 07- Oct -2009 MATERIALS 21 -Oct -2009 MATERIALS 28 -001 -2009 SERVICES 28 -Oct -2009 MATERIALS 21-Oct -2009 MATERIALS 15- Oct -2009 CONTRACT SERVICES 15- Oct -2009 CONTRACT SERVICES 21- Oct -2009 MATERIALS 07- Oct -2009 EQUIPMENT 15- Oct -2009 MATERIALS 21- Oct -2009 MATERIALS 28 -Oct -2009 MATERIALS 15 -Oct -2009 COMPUTER 07 -Oct -2009 CONTRACT SERVICES 28 -Oct -2009 AIRTIME 21- Oct -2009 CONTRACT SERVICES 07- Oct -2009 MATERIALS 21- Oct -2009 MATERIALS 28- Oct -2009 MATERIALS 28- Oct -2009 REFUND - TAX 15- Oct -2009 TRAVEL/MILEAGE 28- Oct -2009 MTO LICENCE 07 -Oct -2009 MATERIALS 15 -Oct -2009 MATERIALS 28 -Oct -2009 MATERIALS 15- Oct -2009 MATERIALS 21- Oct -2009 MATERIALS 07- Oct -2009 STORES /INVENTORY 21 -Oct -2009 STORES(INVENTORY 15- Oct -2009 CONTRACT PERIOD SEPT 2009 07- Oct -2009 STORES /INVENTORY 15- Oct -2009 STORES /INVENTORY 21- Oct -2009 STORES /INVENTORY 28- Oct -2009 STORES /INVENTORY 21- Oct -2009 MATERIALS 28- Oct -2009 REFUND - SAFETY SHOES 15 -Oct -2009 CONSULTING SERVICES 07 -Oct -2009 MATERIALS 15- Oct -2009 CONTRACT SERVICES 28 -Oct -2009 LEASES AND RENTS 21- Oct -2009 MATERIALS 15- Oct -2009 CONTRACT SERVICES - MAIN FRON 07- Oct -2009 UTILITIES 15- Oct -2009 UTILITIES 21- Oct -2009 UTILITIES 28- Oct -2009 UTILITIES 07- Oct -2009 MAINTENANCE /REPAIRS 21- Oct -2009 MAINTENANCE /REPAIRS 21- Oct -2009 TRAINING 07- Oct -2009 TRAVEL/MILEAGE 15 -Oct-2009 MATERIALS 21- Oct -2009 MATERIALS 07 -Oct -2009 CONTRACT SERVICES 15- Oct -2009 CONTRACT SERVICES 21- Oct -2009 CONTRACT SERVICES 21- Oct -2009 MEMBERSHIP RENEWAL 2010 15- Oct -2009 CONTRACT SERVICES 21- Oct -2009 CONTRACT SERVICES 21- Oct -2009 MATERIALS 07 -Oct -2009 MATERIALS 1 -Oct -2009 TAX LEVY 1- Oct -2009 TAX LEVY 07- Oct -2009 CONTRACT TR19 -2008 INSTALLATIC 07- Oct -2009 CONTRACT SERVICES 15 -Oct -2009 CONTRACT SERVICES 07- Oct -2009 ADMINISTRATIVE 15- Oct -2009 ADMINISTRATIVE 21- Oct -2009 ADMINISTRATIVE 07- Oct -2009 PAYROLL REMITTANCE 15- Oct -2009 PAYROLL REMITTANCE Page 2 of 8 Amount 143.85 565.30 139.26 735.00 8,234.10 9,145.50 14,305.80 65.00 5,599.76 404.25 1,039.90 194.25 30,153.83 3,828.52 6,587.90 33,770.05 300.00 37.28 5,250.00 5,380.20 355.95 4,367.49 56.45 720.00 136.08 75.00 867.85 1,071.81 912.48 360.25 202.19 3,046.48 310.05 1,644.30 3,010.50 352.56 23.96 684.35 1,983.15 150.00 3,774.75 11,407.04 2,883.57 1,322.10 98.31 3,444.00 354.65 217.67 498.37 162.65 1,574.09 1,436.23 45.00 77.50 6,349.16 882.36 3,559.87 17,115.28 22,739.57 72.00 4,503.50 3,281.25 430.50 2,943.94 76,483.12 256,038.05 25,754.89 504.00 975.10 4,400.00 90.00 2,441.10 3,962.11 3,968.95 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COPE LOCAL 133 CUPE LOCAL 133 CUVIELLO,VINCE CYBERBAHN INC DALTON,LINDA DAVIDSON ENVIRONMENTAL DAVIS,WADE DECARIA, RON DELCAN CORPORATION DEVRON PIPE SALES DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOL TURF RESTORATION LTD DONE RITE GENERAL CONTRACTING DRAFTING CLINIC CANADA LTD DREN,KARL DREN, KARL DUPUIS,ULY EASTGATE TRUCK CENTRE EASTLAND GRAPHICS ELECTROMEGA LTD ELIA, SAN DRO ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMERGENCY MANAGEMENT 8 TRAINING INC. EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ENTERPRISE RENT A CAR CANADA LTD ETHERINGTON,DAVE EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS ELECTRIC INC FALLS WHOLESALE LTD FANSOLATO,WAYNE FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FEHRS TROPHY 8 ENGRAVING FIEDOREK,JOHN FIELD OF DREAMS FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIRESERVICE MANAGEMENT LTD. FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLI N,KATHY G C DUKE EQUIPMENT LTD G P S PURSUIT INC GALES GAS BARS GAMMA - DYNACARE MEDICAL LABORATORIES GEORGE BAILEY GIBBS,BARRY GIBRALTAR SOLUTIONS INC GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GOAR,LAUREEN GOLCHUK,ASHLEY GOODLIFE FITNESS CLUBS GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND Cheque No. Cheque Date Purpose 332220 21- Oct -2009 PAYROLL REMITTANCE 332368 28 -Oct -2009 PAYROLL REMITTANCE 331921 07- Oct -2009 REFUND - SAFETY SHOES 332369 28- Oct -2009 MATERIALS 332061 15 -Oct -2009 REFUND - SAFETY SHOES 332221 21- Oct -2009 MATERIALS 332222 21- Oct -2009 REFUND - EMPLOYEE PURCHASE 332223 21- Oct -2009 REFUND - SAFETY SHOES 332224 21 -Oct -2009 CONTRACT 3009 - 229 -09 332062 15- Oct -2009 MATERIALS WIRE 1- Oct -2009 TAX LEVY 331922 07- Oct -2009 REFUND DAMAGE DEPOSIT 332370 28- Oct -2009 CONTRACT SERVICES - P12 -2008 AI 332063 15- Oct -2009 CONTRACT SERVICES 332064 15- Oct -2009 SERVICES 331923 07- Oct -2009 TRAVEL /MILEAGE 332065 15- Oct -2009 REFUND - EMPLOYEE PURCHASE 332371 28 -Oct -2009 REFUND - SAFETY SHOES 332225 21- Oct -2009 2010 STERLING LT9513 TRI -AXLE TF 332226 21- Oct -2009 ADVERTISING 332067 15- Oct -2009 MATERIALS 332068 15- Oct -2009 REFUND - SAFETY SHOES 332372 28- Oct -2009 CONTRACT SERVICES 331924 07- Oct -2009 MATERIALS 332069 15- Oct -2009 MATERIALS 332227 21- Oct -2009 MATERIALS 332373 28 -Oct -2009 TRAINING 332374 28 -Oct -2009 ADMINISTRATIVE 331925 07 -0c1 -2009 UTILITIES 332228 21- Oct -2009 UTILITIES 332375 28- Oct -2009 UTILITIES 331926 07- Oct -2009 PROGRESS BILLING #1 - OAKES PAI 332376 28- Oct -2009 CONTRACT SERVICES - P.CUMMINC 332070 15 -Oct -2009 MATERIALS 332071 15 -Oct -2009 REFUND OF PARKING TICKET OVEF 331927 07 -Oct -2009 TRAVEUMILEAGE 332072 15- Oct -2009 UTILITIES 331928 07- Oct -2009 MATERIALS 332229 21- Oct -2009 MATERIALS 331929 07- Oct -2009 MAINTENANCE /REPAIRS 332073 15- Oct -2009 MAINTENANCE /REPAIRS 332230 21- Oct -2009 MAINTENANCE /REPAIRS 332377 28- Oct -2009 MAINTENANCE /REPAIRS 332378 28 -Oct -2009 MATERIALS 332231 21- Oct -2009 MATERIALS 332074 15 -Oct -2009 MATERIALS 331930 07- Oct -2009 REFUND - SAFETY SHOES 331931 07- Oct -2009 MATERIALS 332075 15 -Oct -2009 COURIER 332379 28 -Oct -2009 MATERIALS 332076 15 -Oct -2009 GRANT 331932 07 -Oc1-2009 MATERIALS 332077 15- O0t -2009 ANNUAL MONITORING 332380 28 -Od -2009 ANNUAL MONITORING 332078 15- Oct -2009 MATERIALS 332232 21- Oct -2009 MATERIALS 332079 15- Oct -2009 STORES /INVENTORY 332233 21- Oct -2009 STORES /INVENTORY 332381 28 -Oct -2009 STORES /INVENTORY 332080 15- Oct -2009 TRAVEUMILEAGE 332081 15 -Oct -2009 EQUIPMENT 332384 28- Oct -2009 ADVERTISING 332382 28 -Oct -2009 FUEL 332234 21- Oct -2009 MATERIALS 332383 28- Oct -2009 CONTRACT SERVICES 331933 07- Oct -2009 REFUND DAMAGE DEPOSIT 332235 21 -Oct -2009 SERVICES 332082 15- Oc1-2009 MATERIALS 332083 15 -Oct -2009 SERVICES 332236 21- Oct -2009 REFUND - ACTIVITY SUBSIDY FUND 332084 15- Oct -2009 REFUND PARKING TICKET OVERPA 331934 07- Oct -2009 REMITTANCE 332085 15 -Oct -2009 MATERIALS 332385 28- Oct -2009 PAYROLL REMITTANCE Page 3 of 8 Amount 4,076.12 4,083.10 150.00 20.60 150.00 109.20 300.00 150.00 12,824.60 2,120.68 7,062,837.27 750.00 15,750.00 1,680.00 523.02 157.00 300.00 146.89 170,641.30 493.50 15,782.99 150.00 2,957.85 590.40 298.32 170.04 733.95 35,393.73 78.75 345.92 1,613.90 3,864.00 14,295.75 252.00 20.00 118.00 78.00 9,885.29 384.77 451.50 501.90 420.00 2,794.05 2,273.41 1,519.83 1,724.04 150.00 524.48 37.70 96.05 15,000.00 135.60 726.60 306.60 2.377.24 43.84 3,558.61 689.54 135.64 76.00 12,288.75 52.50 31.97 136.50 360.00 750.00 12,147.50 113.80 139.89 738.97 20.00 21,818.67 410,79 47.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GREENFIELD GROUP LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED HALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HAND IN HAND HARP ENGINEERING & DESIGN LTD HARRIMAN JOHN HAYES,LAYN CONRAD HENDERSON RECREATION EQUIPMENT LIMITED HETEK SOLUTIONS INC HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HUNTON,GAIL HYDRO ONE NETWORKS INC ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC IDENTICAM SYSTEMS J &B JACKET CELLAR THE JACKET CELLAR THE JACKSON,DAVE JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JUHLKE,ROBERT& JUHLKE, JENNIFER KARAS,STANISLAW KELLY DIGS LANDSCAPING KENWORTH TORONTO LTD KNECHT BERCHTOLD INC KONE INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KWIK MIX MATERIALS LIMITED L CAMPBELL & ASSOCIATES LAKES MAINTENANCE LAKE'S MAINTENANCE LANDTEK LIMITED LAPP - HANCOCK ASSOCIATES LTD LAST LOGOS PROMOTIONAL INC. LATOPLAST LTD LECLERC,ROGER DAVID WILLIAM LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LUDWIG MULLER LYMBURNER,BOB M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MACARTHUR,YOLANDA MAGGS,BRENDA MANCUSO CHEMICALS LIMITED MANPOWER MAR -CO CLAY PRODUCTS INC MARINE CLEAN LTD MARINE CLEAN LTD MARR SWEEPER SERVICE MASCARIN,PAT MASTERSON,TERRY WILFRED MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRYT HOWE SURVEYING MAVES,DIANE MAXIMUM ARREST FORCE INC MAYOR'S PRAYER BREAKFAST MCCONNELL,LUCILLE MCCONNERY,STAN MCCOY CONSTRUCTION CASTINGS MCDONALD,ROB MCNAMARA,SUSAN Cheque No. Cheque Date Purpose 332086 15- Oct -2009 CONTRACT SERVICES 332386 28- Oct -2009 CONTRACT SERVICES 332087 15- Oct -2009 MATERIALS 332088 15- Oct -2009 MATERIALS 332238 21- Oct -2009 MATERIALS 332388 28 -Oct -2009 MATERIALS 332089 15- Oct -2009 MATERIALS 332239 21 -Oct -2009 MATERIALS 332240 21- Oct -2009 PETTY CASH 332241 21- Oct -2009 DONATION 332091 15- Oct -2009 STREET LIGHTING - FERRY /MAIN 20 332242 21- Oct -2009 CONTRACT SERVICES 332389 28- Oct -2009 REFUND - SERVICE DEPOSIT 332390 28- Oct -2009 CONTRACT SERVICES 331935 07 -Oct -2009 MATERIALS 332391 28 -Oct -2009 LEASES AND RENTS 332392 28- Oct -2009 REFUND- SIGN PERMIT 331936 07- Oct -2009 TRAVEL/MILEAGE 331937 07- O0t -2009 TRAVEUMILEAGE 331938 07- Oct -2009 CONSULTING SERVICES 332092 15- Oct -2009 MATERIALS 332243 21- Oct -2009 MATERIALS 332093 15- Oct -2009 MATERIALS 332094 15- Oct -2009 CONSULTING SERVICES 332095 15 -Oct -2009 MATERIALS 332244 21 -Oct -2009 MATERIALS 331939 07- Oct -2009 TRAVEUMILEAGE 332096 15- Oct -2009 CONTRACT SERVICES - 4 PAD 331940 07- Oct -2009 CONTRACT SERVICES 332097 15- Oct -2009 CONTRACT SERVICES 331941 07- Oct -2009 REFUND - DAMAGE DEPOSIT 332393 28- Oct -2009 REFUND - SERVICE DEPOSIT 332394 28- Oct -2009 CONTRACT SERVICES 332245 21- Oct -2009 MATERIALS 332098 15- Oct -2009 MATERIALS 332395 28 -Oct -2009 CONTRACT SERVICES 331942 07 -Oct -2009 CONTRACT SERVICES 332396 28- Oct -2009 CONTRACT SERVICES 332247 21- Oct -2009 CONTRACT SERVICES 332248 21- Oct -2009 CONSULTING SERVICES 331943 07- Oct -2009 CONTRACT SERVICES 332099 15- Oct -2009 CONTRACT SERVICES 332100 15- Oct -2009 CONTRACT SERVICES 332397 28- Oct -2009 CONTRACT SERVICES 332398 28 -Oct -2009 MATERIALS 332399 28- Oct -2009 MATERIALS 332400 28 -Oct -2009 REFUND - DAMAGE DEPOSIT 331946 07- Oct -2009 FUEL 332250 21- Oct -2009 FUEL 331947 07- Oct -2009 MATERIALS 332251 21- Oct -2009 REFUND - TUITION 332271 21- Oct -2009 MATERIALS 332412 28- Oct -2009 MATERIALS 332411 28- Oct -2009 CONTRACT SERVICES 332252 21- Oct -2009 REFUND - DAMAGE DEPOSIT 332403 28- Oct -2009 REFUND - 2009 EMPLOYEE PURCHP 332253 21 -Oct -2009 REFUND - SEWER SURCHARGE REE 332254 21 -Oct -2009 ADMINISTRATIVE 331948 07- Oct -2009 MATERIALS 332102 15- Oct -2009 CONTRACT SERVICES 332255 21 -Oct -2009 CONTRACT SERVICES 332256 21- Oct -2009 CONTRACT SERVICES - POWER VA 332257 21- Oct -2009 TRAVEUMILEAGE 332103 15- Oct -2009 REFUND - DAMAGE DEPOSIT 332258 21- Oct -2009 CONSULTING SERVICES 332404 28- Oct -2009 CONSULTING SERVICES 332104 15 -Oct -2009 TRAVEUMILEAGE 332405 28- Oct -2009 CONSULTING SERVICES 331949 07 -Oct -2009 ADMINISTRATIVE 332105 15 -Oct -2009 TRAVEUMILEAGE 332259 21- Oct -2009 REFUND - SAFETY SHOES 332406 28- Oct -2009 MATERIALS 331950 07- Oct -2009 TRAVEUMILEAGE 332106 15 -Oct -2009 TRAVEUMILEAGE Page 4 of 8 Amount 1,968.75 26,382.84 1,785.64 716.10 1,030.40 358.05 4,385.30 721.84 987.15 250.00 2,515.38 1,517.00 750.00 22,487.00 149.60 3,254.87 294.66 78.50 83.50 1,575.00 5,215.22 546.10 447.39 47.25 698.34 74.02 61.00 5,222.02 73.50 220.50 750.00 750.00 21,232.85 3,383.36 3,087.16 137.66 1,008.00 5,865.30 1,576.64 2,599.70 443.63 424.53 9,397.50 15,120.00 772.22 181.37 750.00 57,957.76 1,574.46 551.44 45.00 63.02 1,445 55 745.63 750.00 300.00 2,036.70 206.77 849.38 805.78 7,949.47 735.00 173.00 750.00 9,382.92 472.50 36.00 273.00 60.00 54.00 150.00 2,102.62 268.10 90.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MC RAE,LEN MCRAE,LEN MEDIA PRO INC MEDTEQ SOLUTIONS MEGA -LAB MANUFACTURING CO. LTD METRO PLUMBING & HEATING METRO PLUMBING & HEATING MG PROMOTIONS MHPM PROJECT MANAGERS INC MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD MIGN ELLI, CARMEN MINERVIN I,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MOROCCO,ANNA MOROCCO,JOHN MR QUICK SOFT CLOTH MR QUICK SOFT CLOTH MUNICIPAL HEALTH & SAFETY ASSOCIATION MUNICIPAL RETIREES ORGANIZATION ONTARIO MUNICIPAL WORLD INC MUSSARI,TOM MY COUNTRY DELICATESSEN N Y STYLE DELI NEDCO NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA COOKS NIAGARA CUSTOM POWDER COATING INC NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS BAR ASSOCIATION NIAGARA FALLS GIRLS HOCKEY ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS STN 6 VOLUNTEER FIREFIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA HINDU SAMAJ NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA OLYMPIA HOMES NIAGARA OLYMPIA HOMES NIAGARA OLYMPIA HOMES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL ATHLETICS Cheque No. Cheque Date Purpose 332107 15- Oct -2009 REFUND - LIVESTOCK VALUERS FE 332260 21- Oct -2009 REFUND - LIVESTOCK VALUERS FE 332261 21- Oct -2009 SERVICES 332262 21 -Oct -2009 REMITTANCE 332263 21 -Oct -2009 MATERIALS 331951 07- Oct -2009 CONTRACT SERVICES 332264 21- Oct -2009 CONTRACT SERVICES 332265 21- Oct -2009 MATERIALS 332266 21- Oct -2009 CONSULTING SERVICES 331952 07- Oct -2009 SERVICES 332268 21- Oct -2009 REFUND - EMPLOYEE PURCHASE 331954 07 -Oct -2009 TRAVEL/MILEAGE 332110 15 -Oct -2009 REMITTANCE 332111 15- Oct -2009 REMITTANCE 332270 21 -Oct -2009 REMITTANCE 332343 27- Oct -2009 REMITTANCE 332409 28- Oct -2009 ADVERTISING 332410 28- Oct -2009 PAYROLL REMITTANCE 332012 07- Oct -2009 PAYROLL REMITTANCE 332167 15- Oct -2009 PAYROLL REMITTANCE 332332 21 -Oct -2009 PAYROLL REMITTANCE 332478 28- Oct -2009 PAYROLL REMITTANCE 331955 07 -O0t -2009 PAYROLL REMITTANCE 332109 15- Oct -2009 PAYROLL REMITTANCE 332269 21- Oct -2009 PAYROLL REMITTANCE 332408 28- Oct -2009 PAYROLL REMITTANCE 332413 28- Oct -2009 CONTRACT SERVICES 332414 28- Oct -2009 CONTRACT SERVICES 332415 28 -Oct -2009 REFUND - TUITION 331956 07- Oct -2009 TRAVEL/MILEAGE 332272 21 -001 -2009 SERVICES 332416 28 -Oct -2009 SERVICES 332273 21- Oct -2009 CONTRACT SERVICES 331958 07- Oct -2009 REMITTANCE 331957 07- Oct -2009 SUBSCRIPTION 332274 21- Oct -2009 PETTY CASH 332112 15- Oct -2009 MATERIALS 332124 15- Oct -2009 MATERIALS 332417 28 -Oct -2009 MATERIALS 332418 28- Oct -2009 MATERIALS WIRE 1- Oct -2009 TAX LEVY 332419 28- Oct -2009 GRANT 332276 21- Oct -2009 ADVERTISING 332113 15 -Oct -2009 MATERIALS 332277 21 -Oct -2009 CONTRACT SERVICES 332114 15 -Oct -2009 MATERIALS 332420 28- Oct -2009 GRANT 332115 15- Oct -2009 PAYROLL REMITTANCE 332116 15- Oct -2009 PAYROLL REMITTANCE 332423 28- Oct -2009 PAYROLL REMITTANCE 332421 28- Oct -2009 GRANT 331959 07- Oct -2009 REMITTANCE 332278 21- Oct -2009 GRANT 332279 21 -0c1-2009 REMITTANCE 332422 28 -Oct -2009 CONTRACT SERVICES 331961 07- Oct -2009 ADVERTISING 332117 15- Oct -2009 GRANT 332280 21- Oct -2009 ADVERTISING 332424 28- Oct -2009 CONTRACT SERVICES 332281 21 -Oct -2009 REFUND - PERMIT REVOKED 332340 21- Oct -2009 REFUND - PERMIT REVOKED 332425 28- Oct -2009 REFUND - RELEASE OF SECURITY 332426 28 -Oct -2009 UTILITIES 332118 15- Oct -2009 REMITTANCE 331962 07- Oct -2009 UTILITIES 331963 07- Oct -2009 UTILITIES 332119 15- Oct -2009 MATERIALS 332120 15- Oct -2009 UTILITIES 332121 15 -Oc1 -2009 UTILITIES 332282 21- Oct -2009 UTILITIES 332283 21 -Oct -2009 UTILITIES 332427 28- Oct -2009 UTILITIES 332428 28- Oct -2009 UTILITIES 332122 15- Oct -2009 REMITTANCE Page 5 of 8 Amount 60.00 60.00 45.20 5,265.24 724.90 9,095.04 4,613,64 2,245.19 11,650.36 1,543.50 300.00 95.00 582.36 162,00 10,167,37 46,940.50 315.00 207,58 100.00 100.00 100.00 216.61 679.38 1,798.60 679.38 1,798.60 5,144.43 377.56 254.07 186.50 166.95 162.75 614.25 125.00 1,871.10 170.55 116.19 338.35 10.69 6.69 3,690,158.59 34,369.00 2,061.62 209.47 1,575.22 229.39 23,438.89 6,088,04 6,571.52 6,571.52 1,416.67 225.00 195.00 15.00 38,061.83 250.00 60,000,00 100,00 1,100,00 11,435.08 3,237.00 15,800.00 78.77 1,600.00 9,297.73 19,351,57 40,446,20 7,624.27 4,945.08 8,285.72 4,255.28 4,936.59 140,866.41 235.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA REGIONAL TOWNG NIAGARA SAW SALES AND SERVICE NIAGARA SOUND SYSTEMS NIAGARA SOUND SYSTEMS NIAGARA THIS WEEK NIAGARA.COM NIGHT WATCH SECURITY NORJOHN CONTRACTING & PAVING LTD NUTSOV,FILIP MLADENOV& NUTSOVA, GINKA OATLEY,SHAWN OCE CANADA INC. OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OMERS OMERS ONTARIO REALTY CORPORATION ONTARIO REALTY CORPORATION OUT OF THE COLD PAGENET OF CANADA INC PALMER, WEN DALL PARAMENTIC,PETAR PCO SERVICES CORPORATION PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA TOWING & RECOVERY INC PERFORMANCE CHRYSLER PERFORMANCE POWDER COATING & FASTENERS LTD PERFORMANCE POWDER COATING & FASTENERS LTD PERRI,PASQUALE PERRI -MED PETERS EXCAVATING INC PHOENIX FOUNDRY PTY LTD PIGEON,ROGER PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PITNEY BOWES GLOBAL CREDIT SERVICES PLATA,BRYON POWERTECH ENTERPRISES INC POWERTECH ENTERPRISES INC PRACTICA LTD PRATA,GUY PRATA,GUY PRINT BY NITE PROJECT SHARE PROJECT SHARE PROTEL ALARM & SIGNAL PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PSECO INC PUBLIC SECTOR DIGEST INC. PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R & D CONSTRUCTION (NIAGARA) LTD R & W HOIST REPAIRS LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RAM'D AIR GEAR DRYER LTD RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL CANADA REVENUE AGENCY Page 6 of 8 Cheque No. Cheque Date Purpose Amount 332284 21 -Oct -2009 SERVICES 264.60 332123 15 -Oct -2009 MATERIALS 25.87 331964 07 -Oct -2009 LEASES AND RENTS 68.25 332285 21 -Oct -2009 LEASES AND RENTS 162.75 332286 21- Oct -2009 ADVERTISING 1,587.60 332275 21- Oct -2009 SERVICES 59.80 332287 21- Oct -2009 CONTRACT SERVICES 414.75 331965 07 -Oct -2009 CONTRACT SERVICES - 2009 -08 SUI 127,576.65 332288 21 -Oct -2009 REFUND FOR TAX OVERPAYMENT 9 567.06 331966 07- Oct -2009 TRAVEUMILEAGE 14.00 332125 15 -Oct -2009 CONTRACT SERVICES 6,097.11 332289 21 -Oct -2009 MATERIALS 637.64 332290 21- Oct -2009 MATERIALS 8.40 332429 28- Oct -2009 MATERIALS 240.06 331968 07- Oct -2009 PAYROLL REMITTANCE 21,682.86 331969 07- Oct -2009 PAYROLL REMITTANCE 401,661.24 331970 07- Oct -2009 ADMINISTRATIVE 695,415.00 332292 21 -Oct -2009 REMITTANCE 1,575.00 332293 21- Oct -2009 DONATION 250.00 331971 07- Oct -2009 CONTRACT SERVICES 16.38 332126 15 -Oct -2009 REFUND - LIVESTOCK CLAIM 200.00 331972 07- Oct -2009 REFUND - TAX 481.55 332127 15- Oct -2009 CONTRACT SERVICES 67.20 332129 15- Oct -2009 CONTRACT SERVICES 54.38 332295 21- Oct -2009 CONTRACT SERVICES 120.89 332128 15- Oct -2009 CONTRACT SERVICES 717.15 332431 28- Oct -2009 CONTRACT SERVICES 241.50 332430 28 -Oct -2009 MATERIALS 525.00 332294 21 -Oct -2009 SERVICES 189.50 332130 15- Oct -2009 EQUIPMENT 24,584.28 331973 07 -Od -2009 CONTRACT SERVICES 1,864.50 332296 21- Oct -2009 MATERIALS 1,695.00 332132 15 -Oct -2009 REFUND - SAFETY SHOES 150.00 332131 15 -Oct -2009 MATERIALS 1,305.00 331974 07 -Oct -2009 CONTRACT SERVICES 4,955.98 332133 15- Oct -2009 MATERIALS 435.87 332134 15- Oct -2009 REFUND - REIMBURSEMENT 184.00 331975 07- Oct -2009 CONTRACT SERVICES 5,191.20 332135 15- Oct -2009 CONTRACT SERVICES 8,652.00 332297 21 -Oct -2009 CONTRACT SERVICES 10,382.40 331976 07 -Oct -2009 CONTRACT SERVICES 2005 -16 T.V. 30,297.94 332432 28- Oct -2009 CONTRACT SERVICES 209.08 331977 07- Oct -2009 REFUND - SAFETY SHOES 150.00 332298 21- Oct -2009 MATERIALS 750.45 332433 28- Oct -2009 MATERIALS 431.26 331978 07- Oct -2009 MATERIALS 1,172.40 331979 07- Oct -2009 TRAVEUMILEAGE 22.00 332299 21- Oct -2009 TRAVEL /MILEAGE 22.50 332435 28- Oct -2009 MATERIALS 339.00 331980 07- Oct -2009 DONATION 306.00 332436 28 -Oct -2009 GRANT 26,175.00 332437 28 -Od -2009 CONTRACT SERVICES 204.75 331981 07- Oct -2009 CONTRACT SERVICES - LYONS CRE 74,738.44 332300 21- Oct -2009 CONTRACT SERVICES -2009- 204 -08 73,329.96 332136 15- Oct -2009 MATERIALS 1,263.94 332301 21- Oct -2009 MATERIALS 2,680.25 331982 07- Oct -2009 CONTRACT SERVICES 4,200.00 331983 07- Oct -2009 COURIER 96,65 332137 15 -Oct -2009 COURIER 90.33 332302 21 -Oct -2009 COURIER 113.01 332438 28 -Oct -2009 COURIER 102.31 332440 28- Oct -2009 LEASES AND RENTS 3,832.50 332310 21- Oct -2009 CONTRACT SERVICES 1,691.57 331984 07- Oct -2009 MATERIALS 504.16 332138 15 -Oct -2009 MATERIALS 322.26 332303 21- Oct -2009 MATERIALS 50.00 332139 15- Oct -2009 MATERIALS 20,260.80 332439 28- Oct -2009 ADMINISTRATIVE 1,426.02 331881 05- Oct -2009 PAYROLL REMITTANCE 295,620.33 331985 07- Oct -2009 PAYROLL REMITTANCE 85,343.43 332140 15- Oct -2009 PAYROLL REMITTANCE 287,282.48 332304 21 -Oct -2009 PAYROLL REMITTANCE 84,208.81 332441 28- Oct -2009 PAYROLL REMITTANCE 272,142.23 331986 07- Oct -2009 ADMINISTRATIVE 24,971.34 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name REGIONAL APPRAISALS INC. REGIONAL APPRAISALS INC. REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RESQTECH SYSTEMS INC RHODEN, RI CARDO RIVER REALTY DEVELOPMENT (1976) INC RK & ASSOCIATES RK & ASSOCIATES ROBERT HALF MANAGEMENT RESOURCES ROBERT HALF MANAGEMENT RESOURCES ROGERS WIRELESS INC RONA FARR LUMBER LTD RONNIES GENERATOR SERVICE LTD. ROSS,PHILIP ROYAL CANADIAN LEGION BRANCH 51 RWT RENOVATIONS S.B. SIMPSON GROUP INC. S.T.O.P. RESTAURANT SUPPLY SAFETY TODAY SALCI,TED SCERVINO,LUIGI SCOTIABANK SERVICEMASTER CLEAN OF NIAGARA SHRED IT KITCHENER SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIRIANNI,SAM SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIATION SPEARE SEEDS SPECK,SHANNON ST CATHARINES TRANSIT COMMISSION ST JOHN AMBULANCE STOLTZ. DEAN G STORM,WL STRANGES,LOU STRATEGY CORP STREAMLINE SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNTER,MABEL EVELYN (ESTATE OF) SUPERIOR BLEND COFFEE LTD TAB TALK WIRELESS INC TAPS BREWING CO. INC. TAYLOR,TONY TAYLORS WATER SERVICE TECHNICAL STANDARDS & SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC Cheque No. Cheque Date Purpose 332143 15- Oct -2009 CONSULTING SERVICES 332306 21- Oct -2009 CONSULTING SERVICES 332141 15 -Oct -2009 MATERIALS 332142 15 -Oct -2009 REMITTANCE 332341 22- Oct -2009 REMITTANCE 332342 22- Oct -2009 MATERIALS 332442 28 -Oct -2009 MATERIALS 332443 28- Oct -2009 REMITTANCE WIRE 9- Oct -2009 DEBENTURE INTEREST 100 -2001 WIRE 9- Oct -2009 DEBENTURE PRINC 100 -2001 WIRE 19- Oct -2009 DEVELOPMENT CHARGES WIRE 20- Oct -2009 OCT -DEC WASTE WIRE 13- Oct -2009 TAX LEVY 332144 15- Oct -2009 MATERIALS 332145 15- Oct -2009 TRAVEUMILEAGE 332444 28 -Oct -2009 REMITTANCE 331987 07- Oct -2009 CONSULTING SERVICES 332307 21 -Oct -2009 CONTRACT SERVICES 332308 21- Oct -2009 CONTRACT SERVICES 332445 28- Oct -2009 CONTRACT SERVICES 332309 21 -Oct -2009 CONTRACT SERVICES 332146 15- Oct -2009 MATERIALS 331988 07- Oct -2009 SERVICES 332446 28- Oct -2009 REFUND - TUITION 332447 28- Oct -2009 MATERIALS 332448 28- Oct -2009 REFUND - DAMAGE DEPOSIT 332449 28- Oct -2009 MATERIALS 332151 15 -Oct -2009 MATERIALS 331989 07 -Oct -2009 MATERIALS 332344 27 -Oct -2009 TRAVEUMILEAGE 331990 07- Oct -2009 REFUND - SAFETY SHOES 332148 15- Oct -2009 REFUND - TAX OVERPAYMENT 332451 28 -Oct -2009 CONTRACT SERVICES 332149 15- Oct -2009 CONTRACT SERVICES 332452 28- Oct -2009 CONTRACT SERVICES 332312 21- Oct -2009 MATERIALS 331991 07 -Oct -2009 CONTRACT SERVICES 332150 15- Oct -2009 CONTRACT SERVICES 332453 28 -Oct -2009 REFUND - SAFETY SHOES 332454 28 -Oct -2009 REMITTANCE 332313 21- Oct -2009 MATERIALS 331992 07 -Oct -2009 REFUND - PARKING INFRACTION 332314 21- Oct -2009 CONTRACT SERVICES 332455 28- Oct -2009 GRANT 332456 28- Oct -2009 REFUND - DAMAGE DEPOSIT 332457 28 -Oct -2009 REFUND - SMART CARD 331993 07 -Oct -2009 TRAVEL /MILEAGE 332315 21 -Oct -2009 CONSULTING SERVICES 332316 21 -Oct -2009 SERVICES 332317 21- Oct -2009 CONSULTING SERVICES 332320 21- Oct -2009 ADMINISTRATIVE 332459 28- Oct -2009 ADMINISTRATIVE 331994 07- Oct -2009 FUEL 331995 07 -Oct -2009 FUEL 332152 15- Oct -2009 FUEL 332318 21 -Oct -2009 FUEL 332319 21- Oct -2009 FUEL 332458 28 -Oct -2009 FUEL 332402 28- Oct -2009 REFUND - TAX OVERPAYMENT 332153 15- Oct -2009 MATERIALS 331997 07- Oct -2009 SERVICES 332460 28- Oct -2009 CONTRACT SERVICES 332461 28 -Oct -2009 SERVICES 331998 07- Oct -2009 REFUND - SAFETY SHOES 332462 28- Oct -2009 MATERIALS 332463 28- Oct -2009 CONTRACT SERVICES 332322 21- Oct -2009 SERVICES 331999 07 -Oct -2009 MATERIALS 332154 15 -Oct -2009 MATERIALS 332155 15 -Oct -2009 CONTRACT SERVICES 332323 21- Oct -2009 MATERIALS 332464 28 -Oct -2009 MATERIALS 332156 15- Oct -2009 CONTRACT SERVICES 332324 21- Oct -2009 SERVICES Page 7 of 8 Amount 1,575.00 2,205.00 2,957.01 500.00 1.100.00 42,621.11 25,216.80 500.00 27,113.85 289,932.85 597,761.83 1,612,504.71 15,390,525.00 232.78 171.55 44,740.41 1,942.50 2,100.00 5,638.50 2,205.00 2,726.79 39,54 617.11 1,023.62 65.00 750.00 254.66 1,062.20 1,171.58 1,155.00 150.00 530.00 593.25 71.66 3,235.20 68.93 3,476.46 8,743.13 135.41 180.00 4,571.98 25.00 1,496.25 2,616.67 750.00 130.58 64.50 7,875.00 627.15 1,876.33 1,102.93 285,697.12 21,587.86 21,565.34 21,710.92 1,203.03 68,290.86 16,727.18 214.58 820.72 429.40 1,557.14 800.00 150.00 112.00 320.50 2,276.07 498.85 61.56 11,653.67 287.55 135.59 2,187.68 271.20 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE REVIEW THE TRUCK TOPPERS THISTLEWAITE YARDWORKS THYSSENKRUPP ELEVATOR THYSSENKRUPP ELEVATOR TIM HORTONS STORE #30 TORONTO STAMP INC TORONTO STAMP INC TOTH,STEVE TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSCONTINENTAL MEDIA TSHIBANGU MBIYE,REGINE CHARLOTT TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK UNIQUE TRAINING & DEVELOPMENT INC. UNIQUE TRAINING & DEVELOPMENT INC. UNITED WAY URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VACCARO,NICK VADIM COMPUTER MANAGEMENT GROUP LTD VANCOR SUPPLY VANCOR SUPPLY VICTORIA CENTRE BIA WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WASTE MANAGEMENT WATSON & ASSOCIATES ECONOMISTS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WILSON,DAN WINDSOR FACTORY SUPPLY LTD. WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WLLIAM W K WSIB WSIB WSIB WYLIE,BRENDA WYLI E, BREN DA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YOCHIM,BRIAN HARRY YOUNG,SUB YOON YWCA ST CATHARINES ZAMBONI COMPANY LTD ZEIDLER PARTNERSHIP Cheque No. Cheque Date Purpose 332157 15- Oct -2009 MATERIALS 332465 28- Oct -2009 MATERIALS 332158 15 -Oc1-2009 ADVERTISING 332325 21- Oct -2009 MATERIALS 332001 07 -Oct -2009 SERVICES 332159 15 -Oct -2009 CONTRACT SERVICES 332466 28- Oct -2009 CONTRACT SERVICES 332467 28- Oct -2009 MATERIALS 332002 07- Oct -2009 MATERIALS 332468 28- Oct -2009 MATERIALS 332003 07- Oct -2009 TRAVEL/MILEAGE 332004 07 -Oct -2009 MATERIALS 332160 15- Oct -2009 MATERIALS 332326 21- Oct -2009 MATERIALS 332469 28- Oct -2009 MATERIALS 332161 15- Oct -2009 SUBSCRIPTION 332327 21- Oct -2009 REFUND - PARKING INFRACTION 332005 07- Oct -2009 MATERIALS 332328 21- Oct -2009 MATERIALS 332006 07 -Oct -2009 TRAVEL/MILEAGE 332163 15- Oct -2009 CONTRACT SERVICES 332470 28 -Oct -2009 CONTRACT SERVICES 332471 28 -Oct -2009 PAYROLL REMITTANCE 332008 07- Oct -2009 CONSULTING SERVICES 332473 28 -Oct -2009 CONTRACT SERVICES - 2009- 166 -0E 332009 07- Oct -2009 REFUND - DAMAGE DEPOSIT - 4974 331880 01- Oct -2009 SERVICES 332164 15- Oct -2009 MATERIALS 332472 28- Oct -2009 MAINTENANCE /REPAIRS 332329 21 -Oct -2009 ADMINISTRATIVE 332166 15 -Oct-2009 CONTRACT SERVICES 332331 21- Oct -2009 CONTRACT SERVICES 332474 28- Oct -2009 CONTRACT SERVICES 332010 07- Oct -2009 MATERIALS 332165 15- Oct -2009 MATERIALS 332330 21- Oct -2009 MATERIALS 332475 28- Oct -2009 TRAVEL/MILEAGE 332476 28- Oct -2009 CONTRACT SERVICES 332477 28- Oct -2009 CONSULTING SERVICES 332011 07 -Oct -2009 CONTRACT SERVICES 332013 07- Oct -2009 MATERIALS 332333 21- Oct -2009 MATERIALS 332479 28 -Oct -2009 MATERIALS 332334 21- Oct -2009 REFUND - EMPLOYEE PURCHASE 332480 28- Oct -2009 MATERIALS 332481 28- Oct -2009 CONTRACT SERVICES 332482 28- Oct -2009 GRANT 332483 28 -Oct -2009 GRANT 332014 07 -Oct -2009 CONSULTING SERVICES 332015 07 -Oct -2009 ADMINISTRATIVE 332169 15 -Oct -2009 ADMINISTRATIVE 332484 28- Oct -2009 ADMINISTRATIVE 332016 07- Oct -2009 PETTY CASH 332485 28- Oct -2009 PETTY CASH 332335 21- Oct -2009 SERVICES 332486 28- Oct -2009 MAINTENANCE /REPAIRS 332336 21- Oct -2009 ADVERTISING 332170 15- Oct -2009 CONTRACT SERVICES 332337 21 -Oct -2009 UTILITIES 332487 28 -Oct -2009 CONTRACT SERVICES 332338 21 -Oct -2009 REFUND - LIVESTOCK CLAIM 332488 28- Oct -2009 REFUND - SIGN PERMIT 332489 28- Oct -2009 GRANT 332339 21- Oct -2009 MATERIALS 332017 07- Oct -2009 CONSULTING SERVICES Page 8 of 8 Amount 1,026.01 1,162.82 8,716.10 5,516.61 504.52 287.34 287.34 28.95 81.48 149.33 353.50 90.96 179.67 258.59 195.63 30.00 25.00 154.78 308.26 125.00 7,313.25 1,023.75 1,590.50 1,060.50 255,574.47 750.00 450.00 933.05 868.41 80, 000.00 43.79 174.53 277.48 538.15 567.94 10,777.87 24.00 152.09 1,355.41 598.90 234.32 674.11 905.36 300.00 320.96 65.00 28,500.00 1,791.67 600.00 5,361.11 10,762.26 25,431.39 481.05 483.12 472.50 531.40 47.62 8,449.10 462.44 2,560.36 300.00 129.50 4,730.25 642.19 19,561.34 Total 43,661,762.61 NiagaraJ''a /Is November 16, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2009 -57 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY F- 2009 -57 The City of Niagara Falls continues to exhibit increased tax receivables due to the slowdown in the economy. Tax receivables as a percentage of taxes billed has increased from 18.1% to 19.1% with $31 million in taxes outstanding as of October 31, 2009. The City's finance staff has had success in resolving 90% of properties subject to registration for 2009. Lastly, twenty -eight properties are scheduled for tax sale in the next year. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE The tax collection for 2009 lags behind the collection history in 2008. This is consistent with historical trends in taxation years when the economy has slowed. Table 1 shows that taxes outstanding at October 31, 2009 are $31 million. This represents an increase from $29 million in arrears for the same period in 2008. Finance staff continues to actively pursue property owners in arrears. The percentage of taxes outstanding to taxes billed in 2009 is 19.1 % versus 18.1% in 2008. Table 2 provides the breakdown of outstanding taxes - total by assessment class. Consistent with previous months, the majority of outstanding taxes are for residential and commercial properties. At the present time, with final tax billing completed, the ratios of uncollected taxes by property class has remained virtually the same. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. Table 3 summarizes the progress of these actions after ten months of activity. This table shows 90% of the tax accounts or 329 properties have been paid in full or the owners have made suitable payment arrangements. During October, five accounts were paid in full. November 16, 2009 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of October, two registered properties were redeemed and nine properties were registered. The outstanding taxes for registered properties represent 6.9% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at October 31, 2009 is 19.1 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. On November4, 2009, twenty properties were scheduled for tax sales. Of these, one was redeemed prior to sale for $32,248.55. There were eleven properties sold for taxes. The balance of eight properties did not receive bids and were failed tax sales. The taxes owing on these properties total $235,948.62 of which approximately $90,923.00 is the City's portion. Staff is reviewing the viability of vesting the properties and what additional actions are necessary. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Approved by. Respectfully submitted: A. Felicetti - 2 - F- 2009 -57 Taxes Receivable at October 31, 2009 Taxes Receivable by Property Class at October 31, 2009 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Harridon, Direcr•r of Financial Services K. E. Burden, Executive Director, Corporate Services Ken Todd, Chief Administrative Officer TABLE 1 TABLE 2 Taxes Receivable October 31, 2009 Outstanding Taxes @ September 30, 2009 Taxes Billed and Due October 31, 2009 Supplemental Billed and Due October 31, 2009 Penalty charged in October Taxes Collected during October Outstanding Taxes @ October 31, 2009 $26,164,652 $21,777,234 $334,478 $268,792 $17,873,991 $30,671,165 Supplemental Due November 30, 2009 Total Taxes to be Collected $334,478 $31,005,643 Taxes Receivable by Property Class at- October 31 2009 Residential Multi - Residential Commercial Industrial Farmlands Total Receivables Taxes Owing $16,191,364 $407,869 $13,397,613 $988,420 $20,378 $31,005,643 of Property Class Receivables 52.22% 1.32% 4321% 3A9% 0.07% 100.00% TABLE 3 TABLE 4 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Registered as a ' Properties Subject to Registrati September 30 2449 364 99 229 33 3 364 Properties Subjec to Registr as at •©ctobe 364 104 225 23 12 364 2009 28.6% 61.8% 6.3% 3.3% 100.0% Scheduled Tax Sales May 2010 November 2010 Totals 17 11 28 Taxes Oustanding'. $1,690,929 $462,716 $2,153,644 Niagara,Falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Parks, Recreation & Culture SUBJECT: PRC- 2009 -31 Chippawa Boat Dock PRC- 2009 -31 November 16, 2009 RECOMMENDATION What B udt Dut k be deaomrniaaiurred. That staff bring back a report on best possible uses for the Chippawa Boat Dock. EXECUTIVE SUMMARY The Chippawa Boat Dock project was initiated by the Chippawa BIA in 1999 with the expectation that the village would profit from the added exposure from public and tourism traffic on the Welland River. During the years that followed the floating dock was subject to vandalism and loitering. Several sections of the dock were lost due to ice damage and vandalism, with 100 feet of the structure remaining. The dock has also been subject to legal claims in the past two years. The Chippawa BIA has ceased to be active in 2004 and, therefore, the floating boat dock became the property of the City with the associated maintenance and risk management costs. Currently, the boat dock is stationed at the publicly owned Chippawa Boat Ramp parking lot. Staff has been advised by Mr. Sam Bielich of the Riverside Inn, that he maintained the dock at his own expense for several years after the Chippawa BIA folded and he now has no further interest in preserving the dock ,nor an interest in the dock returning to it's location beside his property. For the above reasons Staff recommends the Chippawa Dock be decommissioned. November 16, 2009 Recommended by: Approved by: Respectfully submitted: CR - 2 - Denys: Morrissey Director of Par <, Recre. ion & Culture Ed Dujlovic, Ken Todd, Chief Administrative Officer PRC- 2009 -31 ecutive Director, Community Services Niagara,Falls November 16, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Parks, Recreation & Culture SUBJECT: PRC - 2009 -32 Supply and Installation of Scoreboards - Gale Centre RECOMMENDATION That the Mayor and Clerk be authorized to execute the agreement with Hamilton Digital Designs Ltd., the low bidder for the supply and installation of scoreboards for the Gale Centre. EXECUTIVE SUMMARY The Gale Centre is scheduled to open in June 2010. The design of the facility incorporates a scoreboard within each ice pad. BACKGROUND A tender (T06 -2009) was prepared and sent out separately from the General Contract by the City for the supply and installation of scoreboards for the Gale Centre in August 2009. The closing date for submissions was September 24, 2009. The four following bids were accepted at this time and subsequently reviewed by the Project's Architects, Barry, Bryan and Associates. Bidder Hamilton Digital Design Ltd. Harris Time Inc. Centaur Products Inc. Paul S. Leskew & Associates Ltd. Bid Amount (excluding GS T ) $60,064.45 $62,366.85 $92,169.00 $93,238.09 PRC- 2009 -32 After review by the Architect, Staff completed reference checks and it is recommended that Hamilton Digital Designs Ltd. be awarded the contract. November 16, 2009 - 2 - PRC- 2009 -32 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The City budgeted $75,000 in the Gale Centre project budget for scoreboard supply and installation. This contract is within the budgeted amount. LIST OF ATTACHMENTS 1. Bid Summary letters from Barry Bryan Associates (1991) Limited Recommended by: Approved by: Respectfully submitted: RM Denyse Morrissey b°' Director of Parks, Recreation & Culture Ed Dujlo t6' Executive Director, Community Services Ken Todd, Chief Administrative Officer BA RR V•BR VAN ASSOCIATES 41991) Limited Architects Engineers Landscape Architect Project Managers 250 Water Street Whitby, Ontario Canada L1N 095 Tele: 905- 666 -5252 Toronto: 905-427-4495 Fax: 905 -666 -5256 E - mai C hba44hha- archeng -cam wmwhha- archeng.cem October 21, 2009 City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Attention: Mr. Raymond Miller Re: Bid Summary The Installation of the Scoreboards at the Gale Centre City of Niagara Falls Tender No. T06 -2009 Project No. 05138.5 Dear Sir: As requested, we have reviewed the tender submissions received for the Installation of the Scoreboards at the Gale Centre, City of Niagara Falls Tender No.T06 -2009. Tenders for the Scoreboards were received by the Corporation of the City of Niagara Falls on Thursday, October 1, 2009 at 1:15 pm. Tenders were opened at 1:30 pm by the City Clerk immediately following receipt of the supplementary tender forms at a public tender opening at City Hall. A total of four (4) tenders were received by the City Clerk at or before the stipulated tender closing time. Barry • Bryan Associates (1991) Limited have reviewed all four tenders received. Name of Bidder Hamilton Digital Designs Ltd. Harris Time Inc. Centaur Products Inc. Paul S Leskew & Associates Inc. 05138.5 Scoreboard Summary Letter. pd Attachment 1 Total Lump Sum Tender Price* $60,064.45 $62,366.85 $92,169.00 93,238.09 Adjusted Total Lump Sum Tender Price excluding GST. Each of the bidders correctly acknowledged receipt of Addenda No.'s 1 and 2 during the tender. Alternate Prices Section 1 through Section 6 were requested. The Tender Forms were signed by all bidders. Summary We find that all the submissions generally meet the intent of the specification and that any one of them would be suitable for installation at the Gale Centre. Based on our review of the tenders, we recommend that the tender for the Scoreboards at the Gale Centre be awarded to Hamilton Digital Design Ltd. for the Total Lump Sum Tender Price of $60,064.45.00 (inclusive of GST). Hamilton Digital Design Ltd provided an alternate to the specified scoreboard as permitted in the tender documents. BBA has reviewed their proposal and the product offered would appear to meet the intent of the tender documents. We would advise that the City of Niagara Falls do it's own due diligence in checking references prior to award of contract. Tenders are open to acceptance by the City of Niagara Falls for Sixty (60) days. As a reminder, the tender includes separate prices for each scoreboard. The city may choose to accept the price for all the scoreboards or select only the scoreboards for rinks 1, 2, 3 & 4 individually. Should you have any questions or require further assistance, please do not hesitate to contact our office. Yours very truly, Barry • Bryan Associates (1991) Limited Architects, Engineers, Landscape Architect, Project Managers CM /gs Chris Mayes, A.Sc.T., Licensed Technologist OM c.c. Ms. Denyse Morrissey, City of Niagara Falls Mr. Steve Hamilton, City of Niagara Falls Mr. Dave Schram, UEM Consulting 05138.5 Scoreboard Summary Letter.wpd Page 2 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Provincial government, through the Ministry of Transportation, allows the designation of 400 series highways; and WHEREAS on March 23, 2009, Niagara Falls City Council passed a motion soliciting suggestions from the public for names for Highway 420, which runs from the Queen Elizabeth Way (Q.E.W.)to Stanley Avenue; and WHEREAS through a public process, which included a poll on the City's website, the preferred name to designate Highway 420 is Niagara Memorial Veterans' Highway; and WHEREAS the municipality requires approval from the upper -tier municipality and the local member of Provincial Parliament (M.P.P.). THEREFORE BE IT RESOLVED Niagara Falls City Council chooses Highway 420 to be designated as Niagara Memorial Veterans' Highway; and FURTHER BE IT RESOLVED that the municipality agrees to pay for the related signage costs; and FURTHER BE IT RESOLVED that this resolution be forwarded to the Regional Municipality of Niagara and Kim Craitor, M.P.P. for support; and FURTHER BE IT RESOLVED that contingent upon the support of the Regional Municipality of Niagara and Kim Craitor, M.P.P., the resolution be forwarded to the Ministry of Transportation for consideration. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR Corporate Services Department Clerk's Division Inter - Department Memorandum TO: His Worship Ted Salci DATE: November 16, 2009 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Dedication of Highway 420 As per Council's last direction, a poll was placed on the City's website for the public to provide their preference for the dedication of Highway 420. The results are attached. Staff has prepared an appropriate resolution. Niagaraj7alls CANADA As indicated in the past reports and the resolution, the next step will be to get concurrence from the Region and the M.P.P. Pr - • Working Together to Serve Our Community Clerics • Finance • Human Resources • Information Systems • Legal • Planning & Development 11/2/2009 frot:'naming Respondents: Launched Bate: Display: Niagara Memorial Veterans Highway Niagara Veterans Way Niagara Falls Expressway aof 42.0 547 displayed, 547 total 09/09/2009 'Display all pages and questions Survey Results -- Overview Status: Closed Date: C IassApps.com ®2004 Open N/A 0 filters Disabled 1 A number of suggestions were received and Niagara Falls City Council has narrowed it down to the three • following submissions: Response Response Total Percent 214 39% 136 25 197 36% Total Respondents 547 niagarafalls .ca /... /ResultsOverview.asp ?... 1/1 June 29, 2009 Process Niagaraialls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2009 -07 Renaming of Highway 420 RECOMMENDATION: That Council choose a name for the designating of Provincial Highway 420. BACKGROUND: CD- 2009 -07 At the March 23rd, 2009 meeting, Niagara Falls City Council unanimously passed a motion that staff investigate the renaming of Highway 420 and solicit suggestions from the public. A number of Provincial highways have been renamed. A stretch of Highway 401 was recently renamed the Highway of Heroes. The nearby Highway405 was designated as the General Brock Parkway in 2006. The process for the designating of a Provincial highway is as follows: Define the limits of the highway to be dedicated; • Identify the group or individual being posthumously recognized; • Provide supporting rationale for the proposal; Include a Council resolution from each Municipality /First Nation that the highway passes through supporting the highway dedication. Provide written support of the highway dedication from the MPP(s) of the riding(s) that the highway passes through. Final approval of a highway dedication rests with the Minister of Transportation. ,PO Box Niagara falls oN Canada L2E 6X5 905 356 - 7521 wwwniaga • Working Together to Serve Our Community Corporate Services Department Clerks June 29, 2009 - 2 - CD- 2009 -07 As you will note, the process for renaming or designating a highway is relatively straightforward. One important proviso is that the proponent requesting the signs shall be responsible for all costs associated with the manufacturing, installation and maintenance of these signs, including permit fees. An encroachment permit is required for all signs installed as a result of the request to name the highway. As of the writing of this report, staff was still waiting to hear from the Ministry of Transportation (MTO) on associated costs, Suggested Names After the Council motion, staff utilized the City's website to solicit possible names. There were more than one hundred submissions to the website. Some submissions suggested that the status quo be maintained. Other suggestions came through other methods (letter and e- mail), A break down on the types of proposed names is attached. A full listing of submissions (profane and legitimate) is available through the Clerks Office. The attached list outlines the suggested names that may meet the MTO criteria. Highway 420 vs. Roberts Street The process of dedicating or renaming the provincial highway deals strictly with that highway; therefore, the portion of the highway proposed to be renamed runs from the Q.E.W. (Queen Elizabeth Way) to Stanley Avenue. It does not entail the Regional Road, also known as Roberts Street, that the highway runs into. As an aside, there may be a proposal coming forward to rename Roberts Street in the future. Staff would suggest that the geographically - related names be considered for the potential renaming of Roberts Street. Also, it would be prudent to avoid names that may cause confusion for first responders to emergencies because of the existence of similarly named streets (i.e., Cataract, Fallsview etc.). CONCLUSION: Upon the approval of a recommended name for the designation of 0.gMg2Q1 staff will complete the steps as outlined by the Province. An appropriate resolution will be prepared for the next Council meeting and the request will be submitted to the Regional Municipality of Niagara and Kim Craitor, M.P.P. Recommended by: Approved by: Respectfully submitted: Dean lorfida yCierK r A . K. E. Burden, Executive Director of Corporate Services Ken odd, Chief Administrative Officer August 31, 2009 CD- 2009.11 His Worship Mayor Ted SaIci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 200941 Renaming of Highway 420, Part 2 RECOMMENDATION: Magarajlalls CANADA That Council decide whether to choose a name for the designating of Provincial Highway 420. BACKGROUND: On June 29, Council received report CD- 200907, Renaming of Highway 420. The report outlined the process for designating a Provincial highway and the various suggested names that were solicited through the City's website. Council asked that the list be pared down and staff come back with some specific recommendations. Feedback staff received from various Council members was that the name should have a local connotation and /or honour the veterans. There has been comment that with the closure of Niagara Falls Memorial Arena the word "memorial" should be incorporated, If the highway was to be named after a notable person that person should have a connection with the community, historical or otherwise, and not have had any other monument or memorial named after them. From this feedback, staff would pare the list down to the following suggested names, which are subject to modification. The full list is contained in the former report, which is attached: Niagara Memorial Veterans Highway Niagara Falls Expressway • Father Hennepin Memorial Parkway r, Laura Secord Parkway • Nicola Tesla Highway As an aside, it should be noted that staff is still working with the Region to get Roberts Street renamed as Falls Avenu Street P.O. Box 1023, Niagara Falls, ON Canada L2E 6X5 90.- 3567521 www.niagarafalls.Cd Working Together to Serve Our Community August 31, 2009 - 2 - CD- 2009 -11 For Council's information the list of dedicated highways in Ontario is as follows: Hwy 21 - Bluewater Veterans Highway Hwy 62 - Hastings & Prince Edward Regiment Commemorative Highway Highway 401 - Highway of Heroes Highway 416 - Veterans Memorial Highway Highway 405 - General Brock Parkway As a reminder, the process for the designating of a Provincial highway is as follows: Define the limits of the highway to be dedicated; identify the group or individual being posthumously recognized; Provide supporting rationale for the proposal; Include a Council resolution from each Municipality/First Nation that the highway passes through supporting the highway dedication. Provide written support of the highway dedication from the MPP(s) of the riding(s) that the highway passes through. The municipality be responsible for the approximate cost of $1,000 for signage and apply for an encroachment permit. CONCLUSION: The list of suggested names for designation of Highway 420 has been pared down for Council's consideration. It is suggested that if Council chooses a name, the name should have some resonance with the community. Upon approval of a suggested name, staff will prepare the appropriate resolution for a forthcoming meeting. Recommended by: Approved by: Respectfully submitted: Clean lorfida, C' y Clerk 4/ K E. urden, Executive Director of Corporate Services Ken T6dd, Chief Administrative Officer co r D w A by -law to amend By-law No, 79 -200, to identify housekeeping changes to the permitted locations of adult entertainment parlours and body rub parlours in the City of Niagara Falls. 1. By- IawNo. 79 -200 is amended by deleting Schedules C, C -A, C-B, C -C, C -D, C -E, C -F, C- H, C -I, C -J and C -K. 2. By-law No. 79 -200 is amended by adding Schedules C, C -A, C -B, C -C, C -D, C -E, C -F, C -G, C -H and C -I, attached hereto. Passed this sixteenth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16, 2009 November 16, 2009 November 16, 2009 S:A ZONING AAMS\2009A BY-LAWS \Byam002B.wpd CITY OF NIAGARA FALLS By -law No. 2009- MTh :E r �• 2 In1 N Slam= ��_� ■ nWTn AI opt *t wreak cit Odir ill r�l ��I. 11.. .*. I!'S]1 ' ■. 1�..�.. 3. 22222 i.... ter. .,,..oa.� .. � 11, ,I .: Mem 111 /6111 • VIII �� = ;iii .�� ov YL oea 1■ ,m■ le - 'F.lICz'Ai� lir Applicant: City of Niagara Falls K: \GIS Requests \ 2009\ Schedules \ZoninghMIAM -02\mapping.map SCHEDULE C (INDEX MAP) TO BY -LAW No. 79 -200 Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, and uses and QEW Highway) Amending Zoning By -Law No. 79 -200 1: NTS AM- 2009 -002 September 2009 SCHEDULE C -A TO BY -LAW No. 79 -200 Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Applicant: City of Niagara Falls K: \GIS_Requbs\ 2009\ ScheJuIes \ZoningAM1\AM -02 \mapping.map Amending Zoning By -Law No. 79 -200 1:NTS AM- 2009 -002 September 2009 SCHEDULE C -B TO BY -LAW No. 79 -200 Applicant: City of Niagara Falls K: \GIS Request$ 2009\ Schedules \ZoningAM\AM -02 \mappingma0 Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, and uses and QEW Highway) Amending Zoning By -Lave No 79-200 N 1:NTS AM- 2009 -002 September 2009 SCHEDULE C -C TO BY -LAW No. 79 -200 Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Applicant: City of Niagara Falls K: \GIS Requests \ 2009\ 4hdules \ZoningAM \AM- 02 \mapping.map Amending Zoning By -Law No. 79 -200 N 1:NTS AM- 2009 -002 September 2009 SCHEDULE C -D TO BY -LAW No. 79 -200 K: \GIS Requests \ 2009\ Sche dules \ZoningAM \AM -02 \mapping.map Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Applicant: City of Niagara Falls Amending Zoning By -Law No. 79 -200 1: NTS AM- 2009 -002 September 2009 SCHEDULE C -E TO BY -LAW No. 79 -200 IIIID � �NI Mating _niinm mWa Ei Bi . zj ra mo ; = 1111IIIIIIIiff�llI 1111111111111111ztmu lt% i �IIIIIIIIIIIII► Illlltl I_ _ - - -- II 11 G 11IIIIu! 1 l ...Q ,1 11' 11111111►` -o 11� it `1� 1 enEI Irffi II II II III II II III II II II III II iIIl 111 I 11 ImllunlNl�� lnlllilla• n r el A , oli i eo II II / / l i Applicant: City of Niagara Falls K: \GIS_ Requests \ 20091 Schedules \ZoningAM \AM- 02 \mapPing.map Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Amending Zoning By -Law No. 79 -200 N 1: NTS AM- 2009 -002 September 2009 SCHEDULE C -F TO BY -LAW No. 79 -200 Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Applicant: City of Niagara Falls K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM -o2 \mapping.map Amending Zoning By -Law No. 79 -200 1: NTS AM- 2009 -002 September 2009 SCHEDULE C -G TO BY -LAW No. 79 -200 • Applicant: City of Niagara Falls K: \GIS Requests\ 2009\ Sc heuIes \ZoningAM\AM -o2 \mapping •map Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) :!11111IIIIIIIIIIIE =11111111111= Amending Zoning By -Law No. 79 -200 s 1: NTS AM- 2009 -002 September 2009 SCHEDULE C -H TO BY -LAW No. 79 -200 Applicant: City of Niagara Falls K: \GIS Requests\ 2009\ schedules \ZoningAM \AM- 02 \mappingmap Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Amending Zoning By -Law No. 79 -200 1: NTS AM- 2009 -002 September 2009 SCHEDULE C -I TO BY -LAW No. 79 -200 Applicant: City of Niagara Falls -d\GIS Requests\ 2009\ Schedules \ZOnIn9AM\AM -02 \mapping •map Industrial Areas Permitting Adult Entertainment Parlours and Body -Rub Parlours (After application of separation distances from sensitive zones, land uses and QEW Highway) Amending Zoning By -Law No. 79 -200 N 1:NTS AM -2009 -002 September 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend 13y -law No. 79 -200, to recognize a 5 storey apartment dwelling subject to specific lot area, building setbacks, coverage, height, parking and landscaping regulations. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 105 square metres for each dwelling unit (b) Minimum rear yard depth 9.2 metres (0) Minimum interior side yard width (i) from the west property line 6.35 metres (ii) from the east property line 5.35 metres (d) Maximum lot coverage 34% (e) Maximum height of building or 17 metres subject to section 4.7 of structure By -law No. 79 -200 (f) Minimum number of parking spaces 1.35 parking spaces for each dwelling unit (g) Minimum landscaped open space 38% of the lot area, which shall include a 6 metre wide landscaped open space strip along and adjacent to the front lot line, save and except for one driveway entrance -2- (h) Decorative fence minimum of 1 metre in height along the front lot line, save and except for any driveway (i) The balance of regulations specified for an R5C use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet C5 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from R5B and numbered 813 to R5C and numbered 887. 10. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.813. 11. By -law No. 2008 -29 is repealed. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.887 Refer to By -law No. 2009 - Passed this sixteenth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16, 2009 November 16, 2009 November 16, 2009 S :ZONINGIAMS12009ABY- LAWS\Byamol 9A.wpd SCHEDULE 1 TO BY -LAW No. 2009- Subject Land %% MCLEOD RD Amending Zoning Bylaw No. 79 -200 Description: Part of Township Lot 172, Stamford, Niagara Falls Designated as Part 1, Reference Plan 59R -13602 s Applicant: 2100851 ONTARIO INC. Assessment #s: 272508001008600 K: \GIS Requests\ 2009\ Schedules \ZoningAM\AM- 19 \mapping.map 0 0 m r r m 1: NTS AM- 2009 -019 November 2009 A by -law to amend By -law No. 79 -200, to permit a 4 storey apartment dwelling subject to specific lot area, building setbacks, height and landscaping regulations. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands, 4. The permitted uses of the Lands shall be the uses permitted in a R5A zone. 5. The regulations governing the permitted uses shall be: (a) Deemed lot (b) Minimum rear yard depth (c) Minimum interior side yard width (d) Maximum height of building or structure (e) Minimum landscaped open space CITY OF NIAGARA FALLS By -law No. 2009 - (1) The balance of regulations specified for an R5A use the whole of the Lands shall be considered one lot 15 metres 7 metres 12 metres subject to section 4.7 of By -law No, 79 -200 30% of the lot area, which shall include a 6 metre wide landscaped open space strip along and adjacent to the front lot line, save and except for one driveway entrance 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet C5 of Schedule "A" of' By -law No. 79 -200 by redesignating the Lands from R5B and numbered 813 to R5A and numbered 888. 10. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.813. 11. By -law No. 2008 -29 is repealed, 12. Section 19 of By-law No. 79 -200 is amended by adding thereto: 19.1.888 Refer to By -law No. 2009 - Passed this sixteenth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16, 2009 November 16, 2009 November 16, 2009 S:\ZONING\AMS12009 \BY-LAWS \ Byam019B.wpd -2- SCHEDULE 1 TO BY -LAW No. 2009- Subject Land %/ % Description: Lots 133 and 134, Plan 165, Stamford, Niagara Falls Applicant: MARC PINGUE and 1473944 ONTARIO LIMITED Assessment #s: 272508001008400 and 272508001008500 Amending Zoning By-law No. 79200 N S s 1: NTS AM- 2009 -019 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM- 19\mapping.map November 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law No. 79 -200, to introduce new definitions and regulatory provisions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 2 - Definitions, of By -law No. 79 -200 is amended as follows: (a) by deleting section 2.40 and replacing it with the following: "2.40 "PERSONAL SERVICE SHOP" means a building or part thereof in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, comprising of the premises of a barber, hairdresser, beautician, manicurist, pedicurist, tailor, dressmaker and/or shoemaker, as well as a laundromat, dry cleaner's distribution station, tanning salon, tattoo studio, pet grooming shop and a place for dog obedience classes, but shall not include a body rub parlour. The sale of merchandise shall be permitted only as an accessory use to the personal service provided;" and, (b) by deleting sections 2.67, 2.67.1, 2.67.2, 2.67.3, 2.67.4 and 2.67.5 and replacing them with the following: "2.67 "GROUP HOME TYPE 1" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being, but does not include a Group Home Type 2." "2.67.1 "GROUP HOME TYPE 2" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff, that is maintained and operated primarily for persons who have been placed on probation or released on parole under provincial or federal statute, or youth who have been charged under provincial or federal statute and who have been placed in detention or custody." 2. Section 4.27 of By -law No. 79 -200 is deleted and replaced with the following: "4.27 ROAD ALLOWANCE REQUIREMENTS - SPECIFIC ROADS Notwithstanding any other provisions of this By -law, yard requirements adjacent to the roads listed in Table 1 of this section shall be measured a minimum distance from the centreline of the original road allowance in accordance with Column D of Table 1. Column A Column B Column C Column D ROAD FROM TO MINIMUM DISTANCE FROM CENTRELINE OF ORIGINAL ROAD ALLOWANCE Ailanthus Avenue McLeod Road Dunn Street 11.5 m Alex Avenue McLeod Road Crimson Drive 10 m Allendale Avenue Ferry Street Dixon Street 11.5 m Alpine Drive Montrose Road Brookdale Drive 10 m Badger Road Charnwood Avenue Montrose Road 10 m Baker Road Lapp Road East City Limit 11.5 m Barker Street Dorchester Road Main Street 10 m Beaverdams Road Thorold Townline Road Kalar Road 13 m Beaverdams Road Kalar Road Lundy's Lane 11.5 m Beck Road Lyons Creek Road Gonder Road 11.5 rn Beechwood Road Taylor Road Brown Road 13 m Bender Street Victoria Avenue Falls Avenue 11.5 m Biggar Road West City Limit Montrose Road 13 m Bossert Road Beck Road King Road 13 m Bossert Road King Road Ort Road 11.5 m Bossert Road Ort Road Niagara Parkway 13 m Bridge Street` Stanley Avenue Victoria Avenue 10.05 m Bridge Street" Victoria Avenue River Road 11.6 m Brookdale Drive Thorold Stone Road Alpine Drive 10 m Brown Road West City Limit Montrose Road 13 m Buchanan Avenue Ferry Street Highway 420 13 m Buttrey Street Victoria Avenue River Road 10 m Caledonia Street Dorchester Road Dunn Street 10 m - 2 - Notwithstanding any other provisions of this By -law, any portion of a lot adjacent to the roads listed in Table 1 of this section and located within the minimum distance from the centreline of the original road allowance in accordance with Column D of Table 1 of this section shall not be used for parking spaces required under section 4.19.1, loading areas required under section 4.20.1. and landscaped open space required under any regulations contained in any section of this By -law. TABLE 1 ROAD ALLOWANCE REQUIREMENTS Canadian Drive Montrose Road Pin Oak Road 11.5 m Cardinal Drive Montrose Road Thorold Stone Road 11.5 m Carl Road McCredie Rd West City Limit 10 m Caronpost Road Willoughby Drive East City Limit 10 m Casey Street Dorchester Road Harriman Street 10 m Catalina Street Kalar Road Pitton Road 10 m Cattell Drive Willoughby Drive East City Limit 10 m Charnwood Avenue Montrose Road Montrose Road 10 m Chippawa Creek Road* West City Limit Montrose Road 13.1 m Chippawa Parkway Dorchester Road Stanley Avenue 13 m Chippawa Parkway Stanley Avenue Portage Road 11.5 m Church's Lane St. Paul Avenue Whirlpool Road 11.5 m Clark Avenue Ferry Street Robinson Street 13 m Clifton Hill Victoria Avenue River Road 11.5 m Corwin Crescent Stokes Street Lundy's Lane 10 m Crimson Drive Drummond Road Alex Avenue 10 m Crowland Avenue Grassy Brook Road Netherby Road 11.5 m Cummington Square Front Street Main Street 13 m Dell Road Lyons Creek Road Rexinger Road 11.5 m Delta Drive Montrose Road Montrose Road 10 m Detenbeck Road Ort Road Niagara Parkway 11.5 m Dixon Street Drummond Road Allendale Avenue 11.5 m Dixon Street Allendale Avenue Fallsview Boulevard 13 m Don Murie Street Stanley Avenue West Limit 13 m Dorchester Road Chippawa Parkway Oldfield Road 13 m Dorchester Road Oldfield Road McLeod Road 11.5 m Dorchester Road Mountain Road McLeod Road 13 m Drummond Road Thorold Stone Road McLeod Road 13 m Dunn Street Dorchester Road Drummond Road 10 m Dunn Street Drummond Road Stanley Avenue 13 m Dunn Street Stanley Avenue Fallsview Boulevard 13 m Earl Thomas Avenue Progress Street Don Murie Street 13 m Ellen Avenue Ferry Street Walnut Street 10 m Palls Avenue Rainbow Bridge Clifton Hill 10 m - 3 - Fallsview Boulevard Ferry Street Portage Road 13 m Fallsview Boulevard Portage Road Livingstone Street 13 m Ferguson Street Victoria Avenue River Road 10 m Ferry Street Stanley Avenue Victoria Avenue 13 m Ferry Street* Main Street Stanley Avenue 11.6 m Forsythe Street Stanley Avenue Lewis Avenue 10 m Frederica Street Dorchester Road Drummond Road 10 m Gallinger Street Drummond Road Portage Road 21.5m Garner Road Mountain Road Chippawa Creek Road 13 m Glengate Street Drummond Road Pettit Avenue 10 m Gonder Road Montrose Road Beck Road 11.5 m Grassy Brook Road Montrose Road West Limit 11.5 m Harriman Street Harte Circle Dorchester Road 10 m Harvard Avenue Wiltshire Boulevard Oxford Street 10 m Hiram Street River Road Ontario Avenue 11.5 m Huron Street Victoria Avenue Ontario Avenue 10 m Jubilee Drive McLeod Road Dorchester Road 10 m Kalar Road* Mountain Road Montrose Road 13.1m Kalar Road Montrose Road Thorold Stone Road 13 m Kalar Road Thorold Stone Road McLeod Road 15 m Kalar Road McLeod Road Chippawa Creek Road 13 m King Road Bossert Road Baker Road 13 m Kister Road Ramsey Road Chippawa Parkway 13 m Kitchener Street Victoria Avenue Portage Road 10 m Koabel Road Montrose Road Willodell Road 13 m Lapp Road Baker Road South City Limit 13 m Lemon Road Montrose Road Willodell Road 11.5 m Lewis Avenue Forsythe Street Kitchener Street 10 m Lincoln Street Crowland Avenue West Limit 11.5 m Livingstone Street Stanley Avenue Fallsview Boulevard 13 m Logan Road Beck Road Ort Road 11,5 m Lundy's Lane(Hwy #20)* West City Limit . Garner Road 17.5 m -4- Lundy's Lane(Hwy #20)* Garner Road Main Street 13.1 m Lyon's Creek Road* Montrose Road Sodom Road 13.1 m Main Street (Chippawa) Willoughby Drive Niagara Parkway 11.5 m Main Street (Chippawa) Sodom Road Willoughby Drive 13 m Main Street Fallsview Boulevard Summer Street 11.5 m Marineland Parkway Stanley Avenue Portage Road 13 m Marineland Parkway* McLeod Road Stanley Avenue 15.25 m Marshall Road Willodell Road Niagara Parkway 11.5 m Matthews Drive Mount Carmel Boulevard Montrose Road 11.5 m Mayfair Drive Sinnicks Avenue Swayze Drive 10 m McCourt Road Willodell Road Beck Road 11.5 m McCredie Road Carl Road Willodell Road 11.5 m McGarry Drive Kalar Road West Limit 11.5 m McKenney Road Grassy Brook Road Young Road 11.5 m McKenney Road Schisler Road Netherby Road 11.5 m McLeod Road* Oakwood Drive Marineland Parkway 15.25 m McLeod Road Thorold Townline Road Montrose Road 15 m McRae Street Stanley Avenue Victoria Avenue 10 m Mewburn Road Mountain Road Scholfield Street 10 m Mewburn Road Mountain Road North City Limit 13 m Miller Road Sodom Road Niagara Parkway 11.5 m Misener Road Carl Road Schisler Road 11.5 m Misener Road Yokom Road Netherby Road 11.5 m Montrose Road* Mountain Road McLeod Road 13.1 m Montrose Road* McLeod Road Welland River 15.25 m Montrose Road* Welland River South City Limit 13.1 m Morningstar Road King Road Sodom Road 11.5 m Morris Road Lincoln Street Netherby Road 13 m Morris Road Grassy Brook Road Schisler Road 13 m Morrison Street Montrose Road Dorchester Road 15 m Morrison Street Dorchester Road Stanley Avenue 13 m Morrison Street Stanley Avenue Victoria Avenue 10 m -5 Mount Carmel Boulevard Kalar Road Montrose Road 11.5 m Mountain Road* Taylor Road Portage Road 13.1 m Murray Street Drummond Road Allendale Avenue 11.5 m Murray Street Allendale Avenue River Road 13 m Netherby Road* West City Limit Montrose Road 15.25 m Niagara Townline Road* St. Paul Avenue Stanley Avenue 13.1m North Street Drummond Road Stanley Avenue 11.5 m North Street Stanley Avenue Buchanan Avenue 13 m O'Neil Street Dorchester Road Portage Road 10 m Oakwood Drive McLeod Road Montrose Road 11.5 m Old McLeod Road Ailanthus Avenue East City Limit 11.5 m Olden Avenue Mountain Road Casey Street 10 m Oldfield Road Dorchester Road Drummond Road 13 m Ontario Avenue Park Street Palmer Avenue 10 m Ontario Avenue Hiram Street Bender Street 10 m Ort Road Bossert Road Baker Road 11.5 m Oxford Street Harvard Avenue Dorchester Road 10 m Paddock Trail Drive Kalar Road Brookdale Drive 10 m Palmer Avenue Ontario Avenue Bender Street 10 m Park Street Victoria Avenue River Road 10 m Pettit Avenue Dorchester Road Glengate Street 10 m Pin Oak Drive McLeod Road South Limit 13 m Pitton Road Catalina Street Westwood Street 10 m Portage Road* Stanley Avenue Mountain Road 13.1 m Portage Road Mountain Road O'Neil Street 11.5 m Portage Road Thorold Stone Road O'Neil Street 13 m Portage Road Thorold Stone Road Gallinger Street 10 m Portage Road Summer Street Gallinger Street 11.5 m Portage Road Fallsview Boulevard Marineland Parkway 13 m Portage Road Marineland Parkway Front Street 13 m Preakness Street Paddock Trail Drive Montrose Road 11.5 m Preston Avenue Paddock Trail Drive Brookdale Drive 10 m Progress Street Stanley Avenue West Limit 13 m -6- Queen Street Victoria Avenue River Road 11.5 m Ramsey Road Stanley Avenue Kister Road 13 m Rexinger Road West Limit Lyons Creek Road 11.5 m Rexinger Road Stanley Avenue (West) Ort Road 11.5 m Riall Street Dorchester Road St. Paul Avenue 10 m Ridge Road Montrose Road West Limit 11.5 m Roberts Street Stanley Avenue Falls Avenue 20.6 m Robinson Street Allendale Avenue Queen Victoria Park 13 m Sarah Street Main Street East Limit 10 m Sauer Road Willodell Road Sodom Road 13 m Schaubel Road Schneider Road South Limit 11.5 m Schihl Road* Netherby Road South City Limit 13.1 m Schisler Road* West City Limit Misener Road 15.25 m Schisler Road* Misener Road Montrose Road 13.1 m Schisler Road Montrose Road Beck Road 13 m Schneider Road Montrose Road Schaubel Road 11.5 m Sherk Road King Road Ort Road 11.5 m Sherk Road Sodom Road Niagara Parkway 11.5 m Sinnicks Avenue Thorold Stone Road Mayfair Drive 10 m Sodom Road* South City Limit Lyon's Creek Road 13.1 m Somerville Road Sodom Road Niagara Parkway 11.5 m St. Paul Avenue O'Neil Street Mountain Road 13 m St. Paul Avenue* Mountain Road North City Limit 13.1 m Stanley Avenue* Niagara Townline Road Highway 420 13.1 m Stanley Avenue* Highway 420 Lyon's Creek Road 15.25 m Stanley Avenue Lyon's Creek Road Marshall Road 13 m Swayze Drive Portage Road Stanley Avenue 11.5 m 13.1 m Taylor Road* Thorold Townline Road North City Limit Thorold Stone Road* West City Limit Garner Road 21 m Thorold Stone Road* Garner Road Stanley Avenue 13.1 m Thorold Townline Road* Brown Road North City Limit 13.1 m Valley Way Drummond Road Queen Street 11.5 m Victoria Avenue Ferry Street Highway 420 13 m Victoria Avenue Bridge Street Niagara Parkway 13 m -7- Watson Street Montrose Road Beaverdams Road 10 m Weaver Road Ort Road Niagara Parkway 13 m Weinbrenner Road Sodom Road Willoughby Drive 11.5 m Westwood Avenue Charnwood Avenue Kalar Road 10 m Whirlpool Road Stanley Avenue Niagara River Pkwy 11.5 m Willick Road Ort Road Willoughby Drive 11.5 m Willodell Road Lyons Creek Road Schneider Road 11.5 m Willoughby Drive Cummington Square Weaver Road 13 m Willoughby Drive Weaver Road Somerville Road 11.5 m Woodbine Street Kalar Road Montrose Road 11.5 m Woodgate Street Dorchester Road Olden Avenue 10 m Yokom Road Montrose Road West Limit 11.5 m Young Road Montrose Road West Limit 11.5 m *Denotes Regional Road - 8 - 3. Section 5.9 of By -law No. 79 -200 is deleted and replaced by the following: ,, "5.9 SPECIAL PROVISIONS FOR A GROUP HOME TYPE 1: No person shall erect or use any building for the purpose of a group home type 1 except in accordance with the following regulations: (a) No such group home type 1 shall be located closer to any other group home type 1 than 350 metres. (b) Any building used for the purpose of a group home type 1 shall comply with all of the regulations which apply to the zone in which such group home type 1 is located." 4. Sections 7.1.1, 7.2.1, 7.3.1, 7.4.1 and 7.5.1 of By -law No. 79 -200 are amended by deleting subsections (d), (e), (f), (g) and (h) and replacing them with the following: "(d) A group home type 1" 5. Section 7.7.1 of By -law No. 79 -200 is amended by deleting subsections (f), (g), (h), (i) and (j) and replacing them with the following: "(f) A group home type 1" 6. Section 7.16.1 of By -law No. 79 -200 is amended by deleting subsections (e), (f), (g), (h) and (i) and replacing them with the following: "(e) A group home type 1" 7. By -law No. 79 -200 is amended by deleting Sheets Al to F7 and adding Sheets Al to F7, attached hereto. 8. By -law No. 79 -200 is amended by deleting Schedules B -1, B -2, B -3 and B -4. Passed this sixteenth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: AB:mb S: ZONING \AMS12009\BY - LAWS \Byam020. wpd November 16, 2009 November 16, 2009 November 16, 2009 -9- THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 1 HIGHWAY Erie Avenue West BYLAW Number 2009 ., A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Heavy Vehicle Restriction) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED Erie Ave. West Bridge St. and a point 40 m South At any time (2) by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 2 SIDE COLUMN 3 BETWEEN Bridge Street and a point 29 metres south of Bridge Street COLUMN 4 TIMES OR DAYS COLUMN 4 TIMES OR DAYS At All Times (3) COLUMN 1 HIGHWAY Erie Avenue -2- by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 2 COLUMN COLUMN 4 SIDE BETWEEN TIMES OR DAYS West A point 29 metres south of Bridge Street and At All Times a point 41 metres south of Bridge Street Passenger Drop Off Zone Only (4) by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN COLUMN2 COLUMN3 HIGHWAY BETWEEN TIMES OR DAYS Peer Street Allendale Avenue and Main Street At All Times Including "No Buses" This By -law shall come into force when the appropriate signs are installed. Passed this sixteenth day of November, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16,2009 November 16, 2009 November 16, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to hereby authorize the Mayor and Clerk to execute the Recreation Infrastructure Canada Program in Ontario Contribution Agreement (RinC/ Ontario REC) between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion and the Corporation of the City of Niagara Falls. WHEREAS in May 2009, the Minister of Industry announced an economic stimulus program focused on supporting upgrades to community recreation facilities; and WHEREAS on May 25, 2009, Niagara Falls City Council approved submitting the following projects for consideration: upgrades to Oakes Park, the expansion of Patrick Cummings Memorial Sports Complex, washrooms at Kalar Park, upgrade of the splash pad and swimming pool at F.H. Leslie Park, expansion of the Millennium Recreation Trail, and replacement of the wading pool at E.E. Mitchelson Park; and WHEREAS on July 8, 2009, the municipality received funding approval for the aforementioned projects. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, made between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion (the "Ministry ") and the Corporation of the City of Niagara Falls, respecting the projects approved under the Recreation Infrastructure Canada Program in Ontario Contribution (RinC/ Ontario REC) program, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixteenth day of November, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16, 2009. November 16, 2009. November 16, 2009. RECREATIONAL INFRASTRUCTURE CANADA PROGRAM In ONTARIO CONTRIBUTION AGREEMENT Ontario File Number: TSC1028 Project Number(s): R2441 — R2444. R2529, R2530 THIS AGREEMENT made in quadruplicate as of the _ _ day of _ _, 2009. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion (referred to collectively herein as the "Ministry") A N D: THE CORPORATION OF THE CITY OF NIAGARA FALLS (referred to herein as the "Recipient ") WHEREAS the Ministry and the Recipient recognize that investments in public infrastructure are fundamental to the quality of life of Ontarians and necessary to ensure continued economic growth; AND WHEREAS the purpose of the Recreational Infrastructure Canada Program in Ontario and Ontario Recreational Program (referred to collectively herein as "RInC /Ontario REC ") is to rehabilitate and /or repair recreational facilities such as arenas, swimming pools and other recreational facilities; AND WHEREAS RInC /Ontario REC is being administered by the Government of Ontario; AND WHEREAS investments under RInC /Ontario REC focus on projects in communities to advance federal and provincial objectives of economic growth, and strong and prosperous communities; AND WHEREAS RInC /Ontario REC supports projects that address local needs; AND WHEREAS Recipients under RInC /Ontario REC may apply for funding for projects in the categories of arenas; gymnasia; swimming pools; sports fields; tennis, basketball, volleyball or other sport- specific courts; parks, fitness trails and bike paths; as well as other multi - purpose facilities that have physical recreation activity as the primary rationale (a "Project "); AND WHEREAS this Agreement defines the terms and conditions of a financial contribution from Canada and Ontario to assist with the Project under RInC /Ontario REC; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties covenant and agree as follows: This Agreement, including: Schedule "A" - General Terms and Conditions Schedule "B" - Description of the Project(s) Schedule "C" - Eligible and Ineligible Costs Schedule "D" - Financial Assistance Schedule "E" - Federal Requirements Schedule "F" - Additional Provisions Schedule "0" - Communications Requirements Schedule "H" - Expenditure and Job Creation Report RInC /Ontario REC Contribution Agreement for Infrastructure Projects Schedule "I" - Budget Schedule "J" - Project Timeline Schedule "K" - Other Funding Schedule "L" - Aboriginal Consultation Protocol Schedule "M" - Form of Certificate Schedule "N" — Solemn Declaration of Substantial Completion constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this Agreement on the date set out above. Date Date Date Date HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Energy and Infrastructure by: Name: The Honourable George Smitherman Title: Minister HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Health Promotion by: Name: Title: The Corporation of the CITY OF NIAGARA FALLS by: Name: Title: Name: Title: Uwe have authority to bind the Recipient Page 2 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "A" GENERAL TERMS AND CONDITIONS SECTION 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Adjust the Financial Assistance" means adjust or terminate the Financial Assistance for the Project or any other provincial program(s) or initiative(s) (either current or future), and /or require repayment for some or all of the Financial Assistance for the Project in an amount to be determined by the Ministry and within the period specified by the Ministry. "Agreement" means this Contribution Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Allowable Financial Assistance" has the meaning given to it in Section 8.1 of Schedule "A" . "Budget" means the budget for a Project set out in Schedule "I ". "Business Day" means any day on which Ministry offices generally are open for business in the Province of Ontario. "Communication Requirements" means the communication requirements set out in Schedule "G ", or as directed by the Ministry from time to time. "Consultant" means any consultant, engineer, contractor, project manager, architect or other service provider, as the case may be, retained by the Recipient to undertake any part of the work related to the Project. "Contract" means a contract between a Recipient and a third party at arm's length whereby the latter agrees to provide a product or service to the Project in return for financial consideration that may be claimed as an Eligible Cost. "Crown Agency" means a crown agency as defined in the Crown Agency Act, R.S.O. 1990, c. C.48, as amended. "Eligible Costs" has the meaning given to it in Section 3.1 of Schedule "A" and Schedule "C ". "End of Financial Assistance Date" means March 31, 2011. "Environmental Contaminant" means any hazardous or toxic substance or material including, without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious substances, toxic substances, hazardous wastes and flammable, explosive or improperly handled friable materials, "Environmental Laws" means all applicable federal, provincial or municipal laws, regulations, by -laws, orders, rules, policies or guidelines respecting the protection of the natural Page 3 of 84 RInClOntario REC Contribution Agreement for Infrastructure Projects environment, public or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal and treatment of Environmental Contaminants and include, without limitation, the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E. 18, as amended, the Ontario Water Resources Act, R.S.O. 1990, c. O. 40, as amended the Canadian Environmental Protection Act 1999, S.C. 1999, c. 33, as amended, the Canadian Environmental Assessment Act, S.C. 1992, c. 37, as amended, the Fisheries Act, R.S.C. 1985, c. F -14, as amended and the Navigable Waters Protection Act, R.S.C. 1985, c. N -22, as amended. "Event of Default" has the meaning given to it in Section 15.1 of Schedule "A ". "Expenditure and Job Creation Report" is attached as Schedule "H ". "Expiration Date" means March 31, 2012. "Federal Licensed Marks" has the meaning given to it in Section 5 of Schedule "E ". "Federal Maximum Financial Assistance" for each Project is shown in Schedule "D ". "Facility" means publicly- or privately -owned fixed capital assets in Ontario for public use or benefit, constructed or improved through Financial Assistance which is provided pursuant to this Agreement and is the result of the Project. "Final Report" is described in Section 6.3 of Schedule "A ". "Final Report Date" means June 30, 2011. "Financial Assistance" means the funds to be provided by the Ministry to the Recipient pursuant to this Agreement. "Fiscal Year" means the period beginning on April 1 of a year and ending on March 31 of the following year. "Generally Accepted Accounting Principles" means the Canadian Generally Accepted Accounting Principles as adopted by the Canadian Institute of Chartered Accountants, applicable as at the date on which such calculation is made or required to be made under the Agreement in accordance with Generally Accepted Accounting Principles. "Government of Canada" means Her Majesty the Queen in right of Canada. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her Ministers, directors, officers, agents, appointees and employees. "Ineligible Costs" means the costs so described in Schedule "C ". "Licensed Marks" has the meaning given to it in Section 13.1 of Schedule "A ". "Local Government" means a "municipality" as defined in the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes in an unorganized township. "Maximum Financial Assistance" means Ontario Maximum Financial Assistance plus Federal Page 4 of 84 RInCIOntario REC Contribution Agreement for Infrastructure Projects Maximum Financial Assistance for each Project as shown in Schedule "D ". "Ministry" has the meaning given to it on the cover page of this Agreement. "Ontario Maximum Financial Assistance" for each Project is shown in Schedule "D ". "Other Funds" means funds provided to a Project by the Recipient, including cash or debt and/or third party contributions to a Project, including but not limited to donations, gifts or grants as the Recipient may from time to time receive, as shown for each Project in Schedule "K ". "Payment Certifier" means a payment certifier as defined in subsection 1(1) of the Construction Lien Act , R.S.O. 1990, c. C30, as amended (Ontario). "Project" means the project or projects as described in Schedule "B ". "Project Construction Start Date" for each Project is the date identified in Schedule "B ". "Progress Report" has the meaning given to it in Section 61 of Schedule "A ". "Project Timeline" for each Project is the timeline set out in Schedule "J ". "Recipient" has the meaning given to it on the first page of this Agreement. "RInCJOntario REC" has the meaning given to it on the cover page of this Agreement. "Solemn Declaration of Substantial Completion" means the form set out in Schedule "N ". "Substantially Completed" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2(1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion" shall have a corresponding meaning. "Total Eligible Costs" means the anticipated amount of Eligible Costs that the Recipient may incur for a Project pursuant to this Agreement, as shown for each Project in Schedule "D ", "Total Other Funds" for each Project is shown in Schedule "K ". 1.2 Herein, etc. The words "herein ", "hereof' and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph or other subdivision of this Agreement. 1.3 Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. 1.4 Statutes. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry Page 5 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects in this Agreement or in any schedule hereto shall be deemed to require the prior and express written approval of the Ministry. 1.7 Multiple Projects. Any reference to "the Project" means each and any Project, where more than one Project is listed in Schedule "B ". SECTION 2 TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date (the "Term "). 2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement and regardless of the Project's state of completion, the Ministry shall not be obligated to provide Financial Assistance under this Agreement after the End of Financial Assistance Date. The Recipient will be responsible for any financial obligations related to the Project or this Agreement that it incurs after the End of Financial Assistance Date. 2.3 Project Completion Date. The Recipient shall complete the Project by the End of Financial Assistance Date. The Government of Ontario shall not be obligated to provide Financial Assistance under this Agreement for any costs incurred after the End of Financial Assistance Date. SECTION 3 ELIGIBLE COSTS 3.1 Eligible Costs. For a cost to be eligible for Financial Assistance pursuant to this Agreement (an "Eligible Cost "), the cost must be included in Schedule "C ", Part C.1, except where otherwise expressly approved in writing by the Ministry. For greater certainty, where Schedule "B" identifies a portion of the Facility that is specifically excluded from the description of the Project under this Agreement, the costs associated with that portion of the Facility is not eligible for Financial Assistance. 3.2 Eligible Costs, Parameters. In addition to meeting the requirements of Section 3.1 of Schedule "A ", in order for a cost or expenditure to be an Eligible Cost, the cost or expenditure must: (a) be reasonable; (b) be directly related to the Project; (c) be specifically identified in the Budget as an Eligible Cost; (d) be a cost or expenditure that would not otherwise have been incurred by the Recipient but for the Recipient carrying -out the Project; (e) be an actual cash outlay by the Recipient to third parties acting at arm's length that can be documented through paid invoices or receipts made pursuant to a Contract; and (t) have been incurred on or after June 26, 2009 and on or before March 31, 2011. The final determination of the eligibility of any costs claimed is at the sole and absolute discretion of the Ministry. 3.3 Retention of Receipts. The Recipient shall retain all records of payments related to Page 6 of 84 RIn0 /Ontario REC Contribution Agreement for Infrastructure Projects Eligible Costs including, without limitation, invoices and receipts, for audit purposes, for seven (7) years after the Substantial Completion of a Project, or for such period as the Ministry may, in writing, direct, and such documentation must be made available to the Ministry upon request. 3.4 Ineligible Costs. Notwithstanding anything else contained herein, the costs set out in Part C.2 of Schedule "C" ( "Ineligible Costs ") are not eligible for Financial Assistance pursuant to this Agreement. 3.5 Deemed ineligible. The Recipient acknowledges that the Ministry's Fiscal Year ends on March 31 in each year, and that should a cost not be submitted by the Recipient for payment of Financial Assistance before March 31 of the year following the Fiscal Year in which it was incurred, such cost shall be deemed ineligible for Financial Assistance. 3.6 Clarification. The Recipient expressly acknowledges that the inclusion of an item in the Budget does not necessarily mean that such item is an Eligible Cost. SECTION 4 FINANCIAL ASSISTANCE 4.1 Use of Financial Assistance. The Financial Assistance is intended for and shall be used by the Recipient only for Eligible Costs incurred by the Recipient related to a Project. 4.2 Basis of Payout of Financial Assistance. The Financial Assistance will be provided by the Ministry to the Recipient on the basis set out in Schedule "D ". 4.3 Reporting. The Recipient is required to submit the Progress Report and Expenditure and Job Creation Report to the Ministry pursuant to Section 6 of Schedule "A" prior to the Ministry releasing any Financial Assistance, other than the Financial Assistance advanced as set out in Section 4.4. 4.4 Financial Assistance Advanced. The Ministry may provide to the Recipient 25% of the Financial Assistance expected to be paid to the Recipient in 2009 -10 as set out in Schedule "D ", prior to the Ministry receiving evidence that the Recipient has incurred the associated Eligible Costs (the "2009 advance payment(s) "). The Recipient is required to submit invoices demonstrating full use of the 2009 advanced payments with its Progress Reports to the Ministry. The Ministry will only make further payments of Financial Assistance in 2009 -10 following the Recipient's submission of these invoices with its Progress Reports to the Ministry and showing the full use of the 2009 advance payment. If the Recipient is unable to provide invoices by March 31, 2010 demonstrating full use of the 2009 advanced payment, the Ministry may Adjust the Financial Assistance. Provided that the Recipient has provided the invoices for the 2009 advance payment, if any, and is otherwise in compliance with this Agreement, the Ministry may provide to the Recipient 25% of the Financial Assistance expected to be paid to the Recipient in 2010- 11 as set out in Schedule "D ", prior to the Ministry receiving evidence that the Recipient has incurred the associated Eligible Costs (the "2010 advance payment(s) "). Subject to these requirements, the Ministry will pay the 2010 advance payment to the Recipient after the start of the 2010 Fiscal Year. Page 7 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects The Recipient is required to submit invoices demonstrating full use of the 2010 advanced payments in Progress Reports to the Ministry. The Ministry will only make further payments of Financial Assistance in 2010 -11 following the Recipients submission of invoices with its Progress Reports to the Ministry and showing the full use of the 2010 advance payment. If the Recipient is unable to provide invoices by March 31, 2011 demonstrating full use of the 2010 advance payment, the Ministry may Adjust the Financial Assistance. 4.5 Deposit of Financial Assistance in Canadian Financial institution and Interest on Financial Assistance Advanced. All Financial Assistance provided, including any advance payments or further advance payments as well as all interest earned thereon, shall be deemed to remain the property of the Government of Ontario and must be held by the Recipient for the Government of Ontario in an interest bearing account in the name of the Recipient at a Canadian financial institution, pending payment by the Recipient of Eligible Costs. The amount of interest earned (if any) shall be reported to the Ministry as part of a Progress Report. If the Recipient earns any interest on the advanced Financial Assistance the Ministry may: a) Deduct an amount equal to the interest from any other payment of Financial Assistance; or b) Direct the Recipient to pay an amount equal to the interest to the Ministry. 4.6 Maximum Financial Assistance. The total amount of Financial Assistance provided to the Recipient for a Project shall in any event be no greater than the Maximum Financial Assistance for that Project as set out in Schedule 'D ". 4.7 Excess Financial Assistance. Where actual costs are lower or appear likely to be lower than the Total Eligible Costs, or where additional funding is secured from other government sources such that the funds available to the Recipient for the Project exceed the Maximum Financial Assistance, the Recipient shall immediately notify the Ministry and the Ministry may, in its sole discretion, Adjust the Financial Assistance. 4.8 Stacking. Total funding from all provincial sources, including Provincial Maximum Financial Assistance and any tax credits available to the Recipient in respect of a Project, must not exceed the Total Eligible Costs for that Project. Total funding from all federal sources, including the Federal Maximum Financial Assistance and any tax credits available to the Recipient in respect of a Project, must not exceed fifty (50) percent of Total Eligible Costs for that Project. 4.9 interdependent Work. Where implementation of a Project is dependent on completion of work by others and the interdependent work is not completed by others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the Project. 4:10 Recipient not carrying out Project. The Recipient shall immediately notify the Ministry if it does not intend to carry out a Project in whole or in part as specified in Schedule "B ", in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance. 441 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of Financial Assistance under this Agreement, the Ministry may, in its sole discretion, Adjust the Financial Assistance. Page 8 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects 4.12 Alternatives to Project. If the Recipient becomes aware of any means of completing either a Project's objective or a Project itself that are more cost effective, the Recipient shall immediately notify the Ministry, in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance. Likewise, if the Ministry becomes aware of any alternative means of completing either a Project's objective or a Project that are more cost effective, the Ministry will notify the Recipient and the Ministry may, in its sole and absolute discretion, Adjust the Financial Assistance. 4.13 Transfer of Financial Assistance between Projects. The Recipient shall not transfer Financial Assistance for one Project to any other Project listed in Schedule "B ". 4.14 Goods and Services Tax. The Financial Assistance is based on the net amount of Goods and Services Tax to be paid by the Recipient pursuant to the Excise Tax Act, R.S.C. 1985, c. E -15, as amended, net of any applicable rebates. If and when the Harmonized Sales Tax is phased in within the Province of Ontario, the Financial Assistance will be based on the net amount of the Harmonized Sales Tax to be paid by the Recipient, net of any applicable rebates. 4.15 Rebates, Credits and Refunds. The Financial Assistance is based on the net amount to be paid by the Recipient for the Project, net of any applicable rebates, credits or refunds. 4.16 Withholding payment. The Ministry may, in its sole discretion, withhold payment of Financial Assistance where the Recipient is in default in obtaining any necessary permits, approvals or licenses applicable to a Project or is in default of compliance with any provisions of this Agreement or any applicable federal, provincial or municipal laws, and all rules, regulations, by -laws, notices, orders, approvals directives, protocols, policies and guidelines, including Environmental Laws. 4.17 Repayment of Unused Financial Assistance upon Expiry of Agreement. Without limiting any rights the Ministry has under this Agreement, at law or in equity, the Ministry shall have the right to be repaid, in whole or in part, for Financial Assistance provided by the Ministry and unspent by the Recipient for a Project that has not been completed by the End of Financial Assistance Date. 4.18 Limitation on Payment of Financial Assistance. Notwithstanding Section 4.4 of Schedule "A ", the Ministry may choose not to advance any Financial Assistance to the Recipient until the Recipient provides the insurance certificate or other documents required under Section 9 of Schedule "A ". 4.19 Insufficient funds provided by the Legislature. If the Legislative Assembly of Ontario does not provide sufficient funds to continue the Financial Assistance for any Fiscal Year during which this Agreement is in effect, the Government of Ontario may terminate this Agreement in accordance with the terms specified in Section 15.5 of Schedule "A ". SECTION 5 PROJECT AWARD, MANAGEMENT AND COMPLETION 5.1 Recipient fully responsible. The Recipient shall be fully responsible for the undertaking, implementation and completion of the Project and shall retain any and all Consultants reasonably required to undertake a project of the size, scope and complexity of the Project. Where implementation of the Project is dependent on work contributed by others, the Recipient shall be fully responsible for obtaining any Page 9 of 84 Rine/Ontario REC Contribution Agreement for Infrastructure Projects assurances that it may require from others in relation to the implementation of the Project by the Recipient. 5.2 Government of Ontario not responsible for implementation. The Government of Ontario shall not be responsible in any way whatsoever for the undertaking, implementation and completion of a Project or any interdependent work of others. 5.3 Government of Ontario not responsible for costs, etc. The Government of Ontario shall not be responsible for any costs associated with the operation, maintenance and repair of a Project nor for any claims, proceedings or judgments arising from any tender and bidding process. 5.4 Aboriginal Consultation. The Ministry and the Recipient agree to be bound by the terms of the applicable Aboriginal Consultation Protocols set out in Schedules "L.1" and "L.2 ", as required for each Project as shown in Schedule "B ". 5.5 Behaviour of Recipient. The Recipient shall at all times carry out the Project in an economical and businesslike manner, in accordance with this Agreement and, in particular, but without limitation, in accordance with the Budget and the Project Timeline subject to any reasonable changes that the Ministry may agree to or require from time to time in writing. 5.6 Competitive process. The Recipient shall acquire and manage all equipment, services and supplies, including construction, required for a Project through a transparent, competitive process that ensures the best value for the Financial Assistance received. Where the Recipient is a municipal entity, the Recipient shall follow its procurement policies as required by the Municipal Act, 2001, S.O. 2001, c. 25, as amended or, for the City of Toronto, the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended. All other Recipients must ensure that for equipment, services and supplies, the estimated cost of which exceeds $25,000.00, the Recipient shall obtain at least three written quotes unless the Ministry gives prior written approval. The requirement for a competitive process may be waived with prior written approval by the Ministry if: a) the equipment, services or supplies the Recipient is purchasing is specialized and is not readily available; or b) the Recipient has recently researched the market for a similar purchase and knows prevailing market costs for the equipment, services or supplies purchased. 5.7 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient shall comply with all of the applicable requirements of that Annex. In the event of any conflict between the requirements of Section 5.6 of Schedule "A" and the requirements of this Section 5.7, the requirements referenced in this Section 5.7 shall apply. 6.8 Final claims. The Recipient shall submit its final claims for all costs incurred on or before the End of Financial Assistance Date with the required documentation, including the Final Report as per Section 6.3 of Schedule "A ", for the Ministry's approval, cost review, audits (including any value for money audits that the Ministry may decide to undertake in its sole and absolute discretion) within ninety (90) days following the Substantial Completion of the Project and no later than the Final Report Date, whichever Page 10 of 84 Rh REC Contribution Agreement for Infrastructure Projects date is earlier, or such later date as the Ministry may specify in writing. Upon completion of the cost review, audits and settlement, the Ministry shall not be obligated to consider any further claims in relation to the Project. The Recipient shall also submit, upon request by the Ministry, any documentation further required for approval, cost review and audits. 5.9 Commencement of Project. Unless otherwise approved by the Ministry, the Recipient shall begin a Project within 60 days of the Project Construction Start Date, failing which the Ministry may declare an Event of Default and terminate this Agreement in accordance with Section 15 of Schedule "A" 5.10 Contracts. The Recipient shall ensure that all Contracts: a) are consistent and do not conflict with this Agreement; b) incorporate the relevant provisions of this Agreement to the fullest extent possible; c) be consistent with all policies and procedures the Government of Canada and /or the Government of Ontario may provide to the Recipient in relation to RInC /Ontario REC; 9 ) d) are awarded and managed: (i) in a way that is transparent, competitive and consistent with value for money principles; and (ii) in accordance with all applicable policies and procedures the Government of Ontario may provide to the Recipient; e) require that the parties thereto comply with all applicable federal, provincial or municipal laws, and all rules, regulations, by -laws, notices, orders, approvals, directives, policies, protocols and guidelines; and authorize the Governments of Canada and Ontario to collect, use and distribute information and data gathered by parties, perform audits and monitor the Project as the Ministry sees fit. SECTION 6 REPORTING REQUIREMENTS 6.1 Progress Report. The Recipient shall submit progress reports (a "Progress Report") for each Project to the Ministry on a monthly basis, or as requested by the Ministry and the Recipient shall follow such administrative procedures as are specified from time to time by the Ministry. All Progress Reports shall be in a form satisfactory to the Ministry and shall include, if applicable: a) a detailed description of the progress of the Project to the date of the report; b) particulars of how the Communication Requirements have been implemented or applied, and copies of all communications and public information materials; c) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying the percentage of the Project completed; Page 11 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects d) details of any variance from the Project, the Budget and /or the Project Timeline, including any changes to the projected /actual Project Construction Start Date and end date; e) an invoice summary in the form prescribed by the Ministry with all original invoices and receipts for the Project; f) a list of the vendors from which the invoices were received; g) a description of the type of work performed for each invoice; 11) an estimated percentage of project completion; i) tender call dates and tender award dates; j) forecasted and actual construction start and end dates for a Project, together with the Project Construction Start Date; k) a certificate of the chief financial officer of the Recipient in the form set out in Schedule "M "; and m) any other information respecting the Project that may be requested by the Ministry. 6.2 Expenditure and Job Creation Report. The Recipient shall, in addition to the Progress Report, submit to the Ministry for each Project a quarterly Expenditure and Job Creation Report, as set out in Schedule "H" (which may be amended by the Ministry from time to time), on or before May 15, August 15, November 15 and February 15 in each Fiscal Year. 6.3 Final Report. Within 90 days of Substantial Completion of a Project and no later than the Final Report Date or such later date as is specified in writing by the Ministry, the Recipient shall submit a final report (the "Final Report") for the Project to the Ministry and the Recipient shall follow such administrative procedures as are specified from time to time by the Ministry. Upon the Ministry's acceptance of the Final Report and the processing of final claims, the Ministry shall not be obligated to consider any further claims for Financial Assistance in relation to the Project. All Final Reports shall be in a form satisfactory to the Ministry and shall include: a) a detailed breakdown of projects costs, including: i. engineering / design costs; ii. environmental assessment costs; project management costs; iv. construction costs; v. miscellaneous costs; and vi. applicable taxes. b) Project construction start and end dates; and Page 12 of 84 Formatted: Indent: First line: 0 ", Tabs: Not at 0" + 1" RInC /Ontario REC Contribution Agreement for Infrastructure Projects c) a Solemn Declaration of Substantial Completion, in the form set out in Schedule N; and d) a final Progress Report. SECTION 7 RECORDS AND AUDIT 7.1 Separate records. The Recipient shall maintain separate records and documentation for each Project and keep all records and documentation for seven (7) years after the final settlement of accounts referred to in Section 5.8 of Schedule "A ". Upon request, the Recipient shall submit to the Ministry all records and documentation relating to the Project including, but not limited to, work authorizations, invoices, time sheets, payroll records, estimates and actual cost of the activities carried out pursuant to this Agreement, together with tenders and proposals, final measurements, payment certificates, change orders, correspondence, memoranda, contracts and amendments thereto which shall be maintained in accordance with Generally Accepted Accounting Principles. 7.2 Provide records to the Ministry. The Recipient shall provide to the Ministry, upon request and at the Recipients expense (including but not limited to photocopying, electronic media, transportation and postage, associated staff time, information retrieval and other office expenses), all records and documentation (including invoices and certified statement of final costs) of the Recipient and its auditors, contractors, project managers and Consultants relating to the Project or any other project(s) of the Recipient under RInC /Ontario REC, or any other provincial program(s), for the purposes of cost reviews, audits and settlement, as may be required by the Ministry, of the Project or any other project(s) of the Recipient under RInC /Ontario REC, or any other provincial program(s). Such material shall be provided in a form and manner satisfactory to the Ministry. 7.3 External auditor. The Ministry may require the assistance of an external auditor to carry out an audit of the material referred to in Sections 7.1 and 7.2 of Schedule "A ". If so, the Recipient shall, upon request, retain an external auditor acceptable to the Ministry at the Recipient's sole expense. The Recipient shall ensure that any auditor who conducts an audit pursuant to this section of the Agreement or otherwise, provides a copy of the audit report to the Ministry for its consideration at the same time that the audit report is given to the Recipient. 7.4 Information. The Recipient shall supply to the Ministry, upon request, such information in respect of the Project and its results including without limitation all Contracts and agreements related to the Project and all plans and specifications related to the Project, as the Ministry may require. The Government of Canada and the Government of Ontario, their respective agents and employees, including the Auditor General's Office, shall be allowed access to the Recipient's premises and staff and to the Project site at all reasonable times to (1) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (Hi) complete any other auditing or monitoring that may be reasonably required in relation to the Project. 7.5 Information condition precedent for payment. If, in the opinion of the Ministry, any of the information requirements of this Article are not met, the Ministry may, in its sole discretion, require the information as a condition precedent to any payment in relation to the Project or any other project(s) of the Recipient under RInC /Ontario REC, or any Page 13 of 84 RInC /Ontario REC Contribution Agreement far Infrastructure Projects other provincial program(s) (either current or future). In addition, the Ministry may, in its sole discretion, Adjust the Financial Assistance. 7.6 Auditor General of Canada. The Auditor General of Canada, may, at the Auditor General of Canada's cost, conduct an audit with respect to the use of Financial Assistance under this Agreement. For the purposes of facilitating such inquiry, the Recipient shall release to the Ministry upon request and in a timely manner, for the purpose of releasing to the Auditor General of Canada: all records held by the Recipient, or by agents or contractors of the Recipient, relating to this Agreement and /or the Financial Assistance; and such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General may request relating to any part of this Agreement to the use of Financial Assistance. 7.7 Auditor General of Ontario. The Auditor General of Ontario, may, at the Auditor General of Ontario's cost, conduct an audit with respect to the use of Financial Assistance under this Agreement. For the purposes of facilitating such inquiry, the Recipient shall release to the Ministry upon request and in a timely manner, for the purpose of releasing to the Auditor General of Ontario: all records held by the Recipient, or by agents or Contractors of the Recipient, relating to this Agreement and /or the Financial Assistance; and such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General may request relating to the Financial Assistance. SECTION 8 OVERPAYMENT 8.1 Allowable Financial Assistance. Funds provided to the Recipient prior to the submission of a Final Report in accordance with Section 6.3 of Schedule "A" shall not be construed as a final determination of the amount of Financial Assistance applicable to the Project. Upon conducting a final cost review or audit of each Project, the Ministry will determine the final amount of Financial Assistance for each Project (the "Allowable Financial Assistance "). The Allowable Financial Assistance shall not exceed the Maximum Financial Assistance for each Project. The Recipient agrees to repay to the Ministry, upon receipt of a written demand and within the period specified by the Ministry, that amount of the total of the Financial Assistance provided to the Recipient that exceeds the Allowable Financial Assistance for a Project (an "overpayment "), as determined by the Ministry, as well as any Financial Assistance used for a purpose other than that stated in the terms of this Agreement, as determined by the Ministry. 8.2 Deduction of overpayment. The Ministry may deduct any overpayment of Financial Assistance made to a Recipient for a Project, from Financial Assistance payable on any other Project of the Recipient under RInC /Ontario REC or any other Government of Ontario program(s) (either current or future). Any overpayment made on any other Project(s) of the Recipient under RInC /Ontario REC or any other provincial program(s) (either current or future) may in turn be deducted from Financial Assistance payable on the Project. 8.3 Interest on overpayment. The Ministry reserves the right to demand interest on any overpayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by the Ministry. Page 14 of 84 Rine/Ontario REC Contribution Agreement for Infrastructure Projects 8.4 Recovery of Financial Assistance. Where Eligible Costs committed to a Project have not been incurred, the Ministry may withdraw any unspent Financial Assistance for that Project if it has not started construction on its Project Construction Start Date or if that Project has started construction but for which progress is not to the satisfaction of Ontario. SECTION 9 INSURANCE AND BONDING 9.1 Insurance. The Recipient represents and warrants that it has, and shall maintain in full force and effect for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than five million dollars ($5,000,000) per occurrence. The policy shall include the following: (i) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; a cross liability clause; (iii) contractual liability coverage; and (iv) a 30 day written notice of cancellation, termination or material change. 9.2 Proof of Insurance. The Recipient shall provide the Ministry with certificates of insurance, or other proof as may be requested by the Ministry, that confirms the insurance coverage as provided for in section 9.1 of Schedule "A ". Upon the request of the Ministry, the Recipient shall make available to the Ministry a copy of each insurance policy. 9.3 Bonding. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained in full force and effect during the term of this Agreement: a) a performance bond in the amount of 100% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the performance of that construction Contract and the correction of any deficiencies; and b) a labour and material payment bond in the amount of 50% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the payment for labour, material or both. 9.4 Alternatives, reduction or waiver. Notwithstanding the requirements set out in Section 9.3, the Recipient may prepare and submit to the Ministry a written business case to obtain approval to put into effect and maintain an alternative form of security or to reduce or eliminate the bonds for construction Contracts of $350,000.00 or less, and the Ministry, in its sole discretion, may accept an alternative form of security, reduce or waive the bonding requirements in whole or in part. Page 15 of 84 Where Project asset is sold, leased, encumbered or disposed of: Repayment of contribution On current dollars) Within 2 Years after Project completion 100% Between 2 and 6 Years after Project completion 55% 6 Years after Project completion 0% RInCfOntario REC Contribution Agreement for Infrastructure Projects SECTION 10 INDEMNITY 10.1 Recipient to Indemnify. The Recipient agrees to indemnify and hold harmless the Indemnified Parties from and against all liability, losses, costs, damages, expenses, (including legal, expert and consultant fees), lawsuits, judgments, claims, demands, expenses, actions, causes of action and other proceedings, including any and all liability for damages to property and injury to persons (including death), which the Indemnified Parties may incur, sustain or suffer, otherwise than by reason of their own negligence or wilful misconduct, as a result or arising out of or in relation to: (a) this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees, agents and Consultants, or by a third party for whom the Recipient is responsible, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the Facility; or (c) any omission or other wilful or negligent act of the Recipient, a third party for whom the Recipient is responsible, their respective employees, officers, servants or agents; or (d) any claim for lien made pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, as amended. SECTION 11 DISPOSITION AND OPERATION OF THE FACILITY 11.1 Facility Disposition. The Recipient shall retain title to, and ownership of, the Facility, for which the Recipient has received Financial Assistance under this Agreement for a minimum of six (6) years after the expiry or termination of this Agreement, and shall not dispose of the same for a period of six (6) years after the expiry or early termination of this Agreement, without prior written authorization of the Government of Canada and the Ministry. As a condition of such consent, the Government of Canada and /or the Ministry may require the Recipient to repay the Government of Canada and the Ministry the whole or any part of the Financial Assistance paid to the Recipient. 11.2 Notice. At any time during the six (6) years following the date of completion of the Project, the Recipient agrees to notify the Ministry in writing of any transaction triggering the above - mentioned repayment, at least one hundred eighty (180) days in advance. 11.3 Deduction from Financial Assistance. The Ministry may, in its sole and absolute discretion, deduct the amount of Financial Assistance to be repaid under Section 11.1 from Financial Assistance payable to the Recipient on any other project(s) of the Recipient under RInC /Ontario REC or any other provincial program(s) (either current or future) and provide that money to the Government of Canada and /or the Ministry. 11.4 Deemed Overpayment. The Recipient must identify to the Ministry when a Facility in any given Fiscal Year generates revenues that exceed its costs, including operating costs, alternative financing partnerships or public - private partnerships costs and provisions for future life cycle costs and where the intent of revenue generation was not identified in the application submitted for that Project under RInC /Ontario REC. Within the first five (5) complete Fiscal Years following the Substantial Completion of a Project, Page 16 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects the Ministry may in its sole and absolute discretion, deem the amount of revenue from that Project that is equal to the proportion of Financial Assistance to the total cost of the Facility to be an overpayment of Financial Assistance (the "deemed overpayment). The Recipient shall pay the Ministry, upon request, the deemed overpayment. 11.5 Facility Operation. The Facility shall be used maintained and operated by the Recipient for a period of at least one half of the expected useful life of the Facility as set out in Schedule "B ", failing which the Government of Canada and /or the Ministry may require the Recipient to repay to the Government of Canada and the Ministry the whole or any part of the Financial Assistance paid to the Recipient for the Project. SECTION 12 CONFLICT OF INTEREST AND CONFIDENTIALITY 12.1 No conflict of interest. The Recipient and its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of the Ministry) with the provision of services under this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of interest for it to use confidential information of the Government of Ontario that is relevant to the Project or otherwise where the Ministry has not expressly authorized such use in writing. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Project or where such a person owns or has an interest in an organization that is carrying out work related to the Project. 12.2 Disclose potential conflict of interest. The Recipient shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 12.3 Freedom of Information and Protection of Privacy Act. The Recipient acknowledges that the Ministry is bound by the Freedom of information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended binds the Ontario Government and that any information provided to the Ministry in connection with the Project or otherwise in connection with the Agreement is subject to disclosure in accordance with that Act. SECTION 13 COMMUNICATION AND RECOGNITION 13.1 Licensed Marks. The Recipient acknowledges that the Government of Ontario is, will be or may be the owner of certain distinguishing marks comprised of designs, trademarks and official marks which have come or will come to be associated with RInC /Ontario REC (all such current and future marks, being the "Licensed Marks "). 13.2 Acknowledgement in advertising and publicity. The Recipient agrees to acknowledge the Financial Assistance of the Governments of Canada and Ontario being provided for the Project pursuant to this Agreement in all advertising and publicity relating to the Project and in any construction signs and in any temporary or permanent tributes to Project donors by adhering to the Communications Requirements set out in Schedule "G". 13.3 Use of Licensed Marks, In consideration of receiving the Financial Assistance, the Page 17 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects Recipient agrees to use the Licensed Marks as follows: a) the Recipient agrees to use the Licensed Marks only as set out in the Communications Requirements and not to use any other mark or trademark in combination with any of the Licensed Marks without the prior written approval of the Government of Canada and the Ministry. The Recipient agrees that it will not alter, modify, dilute or otherwise misuse the Licensed Marks; b) the Recipient agrees to submit to the Government of Canada and the Ministry, copies of any advertisements or promotional materials containing the Licensed Marks for approval prior to any use thereof and to remove therefrom either any reference to the Licensed Marks or any element that may from time to time and upon reasonable notice be required; c) the Recipient agrees that it will not state or imply, directly or indirectly, that the Recipient or the Recipient's activities, other than those permitted by this Agreement, are supported, endorsed, or sponsored by the Government of Canada and the Ministry and shall, upon notification, express disclaimers to that effect; and d) the Recipient agrees to promptly inform the Government of Canada and the Ministry of any suspected infringement of any Licensed Marks by a third party. 13.4 Cease Using Licensed Marks. Whether or not the Recipient is in breach of this Agreement, forthwith upon any receipt by the Recipient of a written direction from the Government of Canada and the Ministry, the Recipient shall cease using the Licensed Marks, and without limiting the generality of the foregoing, will remove all signage and remove from circulation any use or reference to the Licensed Marks. SECTION 14 COVENANTS, REPRESENTATIONS AND WARRANTIES 14.1 General. The Recipient covenants, represents and warrants to the Ministry that: a) it is conducting and shall conduct its business in compliance with all applicable federal, provincial and municipal laws, and all rules, regulations, by -laws, notices, orders and approvals; b) it is conducting and shall conduct its business in compliance with all federal requirements as outlined in Schedule "E;" c) it has authority and any necessary approval to enter into this Agreement and to carry out its terms; d) it has or will apply for all permits, approvals, and licenses which are required in order to carry out the Project including, but not limited to, any approvals lawfully required under the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Building Code Act, 1992, S.O. 1992, c. 23, as amended, the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. c. P. 50, as amended, the Bridges Act, R.S.O. 1990, c. B. 12, as amended and the Environmental Laws; e) it validly exists as a legal entity with full power to perforrn and observe all of the Page 18 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects terms and conditions of this Agreement; f) where applicable, it has passed by -laws required to undertake the Project; g) it is now and will continue to be compliant with all Environmental Laws; h) it owns or has a long -term lease (inclusive of any renewals) for the lands on which the Facility is or will be located that expires no earlier than six (6) years following Project completion; provided that the Recipient is not a Local Government or a Crown Agency, A. it is not a non - resident of Canada within the meaning of the Income Tax Act (Canada); B. is either a corporation, a partnership or a sole proprietorship validly in existence; and C. is registered and qualified to do business wherever necessary to carry out the Project; j) it has the experience, financial health and ability to carry out this Project; k) if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative authority to carry out the Project; I) it will provide or arrange for funds totalling at least as much as the Other Funds to be used for the Project; m) all information provided during the RInC /Ontario REC application process remains true, correct and complete in every respect except as set out to the contrary herein. Without limitation, Project, Budget, Project Timeline, Other Funds, and Total Other Funds are as set out herein and not as set out in the application material; and n) it will notify the Ministry of all Other Funds for each Project contained in Schedule "B" that may reduce the level of Financial Assistance the Recipient would be eligible to receive under this Agreement. 142 Governance. The Recipient covenants, represents and warrants that it has, and shall maintain for the period during which this Agreement is in effect, by -laws or other legally necessary instruments to: a) establish the expected code of conduct and ethical responsibilities at all levels of the Recipient's organization; b) establish procedures to ensure the ongoing effective functioning of the Recipient; c) establish decision - making mechanisms; d) provide for the prudent and effective management of the Financial Assistance; e) establish procedures to enable the successful completion of the Project; Page 19 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects g) f) establish procedures to enable the timely identification of risks to the completion of the Project and strategies to address the identified risks; establish procedures to enable the preparation and delivery of all reports required under this Agreement. 14.3 Representations and warranties true condition precedent for payment. Upon request, the Recipient shall provide the Ministry with proof of the matters referred to in this Article. It is a condition precedent to any payment under this Agreement that the representations and warranties under this Section are true at the time of payment and that the Recipient is not in default of compliance with any terms of this Agreement. Where this is not the case, the Ministry may, in its sole discretion, Adjust the Financial Assistance. SECTION 15 DEFAULT, ENFORCEMENT AND TERMINATION 15.1 Event of Default. Each and every one of the following events is an "Event of Default ": a) if in the opinion of the Ministry, the Recipient fails to conform or comply with any term or covenant contained in this Agreement to be performed or complied with by the Recipient; b) if in the opinion of the Ministry, any representation or warranty made by the Recipient in this Agreement or any certificate delivered to the Ministry is materially untrue in any respect; c) if an order shall be made or an effective resolution passed for the winding up, or liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to carry on its operation; d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by this Agreement without the prior written consent of the Ministry; e) if the Recipient admits in writing its inability to pay its debts generally as they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for the benefit of its creditors, or a receiver or manager, court appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in force relating to bankrupts or insolvent debtors; if in the opinion of the Ministry a material adverse change occurs such that the viability of the Recipient as a going concern is threatened in the opinion of the Ministry, acting reasonably; g) if in the opinion of the Ministry the Recipient ceases to operate; h) if in the opinion of the Ministry the Recipient has failed to proceed diligently with the Project or abandons the Project in whole or in part; 0 if the Recipient has submitted false or misleading information to the Ministry; or Page 20 of 84 RInClOntario REC Contribution Agreement for Infrastructure Projects j) the Recipient and /or any of its Consultants and/or any of their respective advisors, partners, directors, officers, employees, agents and volunteers has breached the requirements of Section 12 of Schedule "A "; or k) if the Recipient fails to begin a Project within sixty (60) days of the Project Construction Start Date identified in Schedule B, or such period as the Ministry may allow; or I) in the opinion of the Ministry, the Recipient has failed to proceed diligently with a Project or abandons a Project in whole or in part, or the Recipient is otherwise in default in carrying out any of the terms, conditions or obligations of this Agreement, except where such failure is due to causes which, in the opinion of the Ministry are beyond the control of the Recipient. 15.2 Waiver, The Ministry may, at any time, waive any Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from the Ministry. 15.3 Remedies on default. Notwithstanding any other rights which the Ministry may have under this Agreement, if an Event of Default has occurred, the Ministry shall have the following remedies provided only that in the case of an Event of Default which, in the opinion of the Ministry in its sole discretion, is curable, the Ministry has first given written notice of the Event of Default to the Recipient and the Recipient has failed to correct the Event of Default within 30 days or such period of time as the Ministry may consent to in writing: a) the Ministry shall have no further obligation to provide any Financial Assistance for the Project; b) the Ministry may, at its option, terminate this Agreement immediately, or the Ministry may, in its sole discretion, Adjust the Financial Assistance. The total amount of Financial Assistance shall be immediately due and payable by the Recipient and bear interest at the then - current interest rate charged by the Ministry on accounts receivable; and a. the Ministry may avail itself of any of its legal remedies that it may deem appropriate. 15.4 Additional remedies. In addition to the remedies described in Section 15.3 above, the Ministry may commence such legal action or proceedings as it, in its sole discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of the Ministry hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to the Ministry. 15.5 Termination without cause. Notwithstanding anything else contained herein, the Ministry reserves the right to terminate this Agreement without cause upon such conditions as the Ministry may require, with a minimum of thirty (30) days written notice to the Recipient. If the Ministry terminates this Agreement prior to its expiration, the Ministry, subject to all of the Ministry's rights under this Agreement, including, without limitation, the Ministry's right to Adjust the Financial Assistance, shall only be Page 21 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects responsible for the payment of Financial Assistance on the portion of the Project completed and Eligible Costs already incurred and paid by the Recipient at the time of such termination provided that the Recipient provides a report to the Ministry that meets the requirements of a Progress Report. Such report must be received by the Ministry within ninety (90) days of receipt of notice of termination by the Recipient. SECTION 16 NOTICE 16.1 Notice. Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or mailed by first class registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other electronic means of communication addressed to the respective parties as follows at the addresses set out in Schedule "F" or to such other person, address, facsimile number, telecopy number or email address as either party may from time to time notify the other in accordance with this Section. Any demand, notice or communication made or given by personal delivery shall be conclusively deemed to be received on the day of actual delivery thereof. Any demand, notice or communication made or given by facsimile, email or other electronic means of communication, if made or given at a time when it would be received by the Recipient during its normal business hours on a Business Day, shall be deemed to be received at the time it is sent; otherwise, such electronic communication shall be deemed to be received on the first Business Day following the transmittal thereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third Business Day following the day on which it was mailed. 16.2 Representatives. The individuals identified pursuant to Section 16.1 will, in the first instance, act as the Ministry's or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. SECTION 17 MISCELLANEOUS 17.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, sub - contractors, Consultants, and third parties shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all covenants, representations and warranties set out herein. The Recipient shall include in all of its Contract(s) terms and conditions similar to and not less favourable to the Government of Ontario than the terms and conditions of this Agreement to the extent that they are applicable to the work subcontracted, including but not limited to the requirements of Section 7 of Schedule "A ". 17.2 Time is of the essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. The Ministry shall not be liable for any liquidated damages as a result of working days extensions. 17.3 Successors and assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 17.4 Severability. The validity or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions hereof and such invalid or Page 22 of 84 Rine /Ontario RED Contribution Agreement for Infrastructure Projects unenforceable provisions shall be deemed to be severable. 17.5 No waiver. The failure by the Ministry to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of the Ministry's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 17.6 Division of Agreement The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. 17.7 Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 17.8 Survival. All of the provisions of this Agreement that expressly or by their nature survive the expiry or any termination of this Agreement (including the provisions of subsections 4.1, 4.5, 4.6, 4.7, 4.8 (Financial Assistance), subsections 5.1, 5.2, 5.3 (Project Award, Management and Completion) Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8 (Overpayment), Section 10 (Indemnity), Section 11 (Disposition and Operation of Facility), Section 12 (Conflict of Interest and Confidentiality), Section 13 (Communications and Recognition), Section 14 (Covenants, Representations and Warranties), Section 15 (Default, Enforcement and Termination), and Section 17 (Miscellaneous) of Schedule "A "; Schedule "E'; Schedule "B" (Useful Life of Facility); and Schedule "G" (the Recipient's obligation to maintain a permanent plaque in cases where it is necessary to install a permanent plaque) shall continue subsequent to and despite such termination or expiry, until they are satisfied or by their nature expire. 17.9 No assignment. This Agreement shall not be assigned by the Recipient. The Ministry may assign this Agreement on written notice to the Recipient. 17.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Ministry and the Recipient. 17.11 Interest. The Ministry reserves the right to demand interest on any repayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then- current interest rate charged by the Ministry on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by the Ministry. 17.12 Ministry and Recipient independent. Nothing in this Agreement shall be deemed to constitute the Recipient an employee, servant, agent, partner of or in joint venture with the Ministry for any purpose whatsoever. 17.13 Recipient cannot represent the Governments of Canada or Ontario. The provision of Financial Assistance to the Recipient pursuant to this Agreement is for the sole purpose of and is limited to, carrying out the Project. The Recipient warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of the Governments of Canada and/or Ontario. The Recipient acknowledges and agrees that it is not by the terms of this Agreement or otherwise, granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Governments of Canada and/or Page 23 of 84 RinClontario REC Contribution Agreement for Infrastructure Projects Ontario, to act as an agent of the Governments of Canada and /or Ontario, or to bind the Governments of Canada and /or Ontario in any manner whatsoever other than as specifically provided in this Agreement. 17.14 Consultants. The Ministry acknowledges that, in connection with carrying out the Project, the Recipient may engage one or more Consultants. The Ministry acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 17.15 Lobbyists and Agent Pees. The Recipient warrants that any person hired, for payment, or to speak or correspond with any employee or other person representing the Recipient, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), as amended, is registered pursuant to the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), as amended. The Recipient also warrants that it has not and nor will it make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the contribution hereunder or negotiating the whole or any part of the terms of this Agreement. 17.16 Cooperation. The Ministry and the Recipient agree to cooperate with one another and will be frank, candid and timely when dealing with one another and will endeavour to facilitate the implementation of this Agreement. 17.17 Data. The Recipient agrees that the Government of Ontario may, in its sole discretion, gather and compile information and data required under this Agreement and disclose such information and data to the Government of Canada. 17.18 Priority. Where there is a conflict between one or more of the schedules of this Agreement, the following order of priority shall apply: the "other provisions" contained in Schedule "F ", Schedule "A ", Schedule "C ", Schedule "B" and all other schedules. 17.19 Entire Agreement. The Agreement constitutes the entire Agreement between Government of Ontario and the Recipient with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and/or agreements. END OF GENERAL TERMS AND CONDITIONS Page 24 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects PROJECT NUMBER PROJECT TITLE R2441 Upgrades to Oakes Park SCHEDULE "B" DESCRIPTION OF THE PROJECT(S) PROJECT CONSTRUCTION ABORIGINAL CONSULTATION SCHEDULE L L.1 START DATE 2009 -09 -21 Useful Life of Facility (years) 12 PROJECT DESCRIPTION Oakes Park is a well used multi -sport City wide park. Features at the park include 3 baseball diamonds, 1 senior soccer pitch, 400 metre track, playgrounds, concession and washrooms. Project improvements are as follows: a. resurface the six lane track and reline for track & field events b. replace and upgrade existing 30 year old wiring system for new ball diamond sports lights (Senior Diamond #1) PROJECT NUMBER PROJECT TGTLE R2442 Expansion of Patrick Cummings Memorial Sports Complex PROJECT CONSTRUCTION START DATE 2009 -09 -14 Useful Life of Facility (years) 12 Page 25 of 84 ABORIGINAL CONSULTATION SCHEDULE L L.1 PROJECT DESCRIPTION Patrick Cummings Memorial Sports Complex is a City wide facility which features seven slo -pitch diamonds, playground, splash pad and recent washroom building. This project would further enhance this premier sport facility to include the construction of two (2) additional soccer / multi- purpose sports fields support user group needs, sports lighting systems, a shade pavilion, parking areas, public washroom building and paved pathways. F urthermore a multi- purpose youth recreation area is also planned to accommodate unstructured recreational needs of older youth. RInC /Ontario REC PROJECT NUMBER R2443 PROJECT NUMBER R2444 Contribution Agreement for Infrastructure Projects PROJECT CONSTRUCTION ABORIGINAL START DATE CONSULTATION PROJECT TITLE SCHEDULE L Improvement of Kalar Park with 2009 -09 -21 L.1 Accessible Washrooms PROJECT TITLE Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park PROJECT DESCRIPTION Useful Life of Facility &ears) 12 The project consists of a new building to contain washrooms along with the installation of a new sanitary line to provide service_ (Note: A $200,000 enhancement is being done to the facility by the proponent. This is not an eligible cost). PROJECT CONSTRUCTION ABORIGINAL START DATE CONSULTATION SCHEDULE L 2010 -04 -15 L.1 PROJECT DESCRIPTION Useful Life off Facility (years) 12 To make the existing splash pad and playground area accessible and more engaging for children, and to replace the liner at the outdoor pool at this community park. F. P. Leslie park is a central community park that includes a splash and outdoor swimming pool It is a well used facility located near the central core of the City and is considered a mixed income neighbourhood. The outdoor swimming pool is an very old facility which offers swimming lessons, and is well used for public swimming. The pool is leaking and requires a new pool liner to extend the life of the facility. The existing splash pad (which is designated due to depth as a small pool) is not accessible and has limited spray features for the children. The aquatic area and the park require upgrades to encourage participation. Renovations will make the play area accessible and more user friendly and ensure the park serves a very at need part of the community. Page 26 of 84 RInC /Ontario REC PROJECT NUMBER R2529 PROJ ECT NUMBER R2530 Contribution Agreement for Infrastructure Projects PROJECT TCTLE Expansion of Millennium Recreation Trail PROJECT DESCRIPTION Completion of approximately 2 km of the multi -use Millennium Recreation Trail or 'section 4'. This would add to the existing 1.2 km of the trail (or section 2) completed in prior years. In total there are four (4) sections of this trail system which is approximately 10 km in length. PROJECT TOTE Replacement of Wading Pool Mitchelson Park E.E. PROJECT CONSTRUCTION ABORIGINAL START DATE CONSULTATION SCHEDULE L 2010 -04 -30 L.1 PROJECT CONSTRUCTION START DATE 2009 -12 -01 PROJECT DESCRIPTION E. E. Mitchelson Park is a popular community park that serves a broad community within the City of Niagara Falls. It is also adjacent to an elementary and high school and is well used by the schools. The park is the home to the Niagara Falls Soccer Club with approximately 1200 members. Many of the families using the soccer field are also users of the small/wading pool. The parks is also used for organized and unorganized recreation opportunities in the form of field sports and aquatics as an outdoor pool is also located in this park. The purpose of this project is to rehabilitate an existing children's wading pool (approx. 300m2) (which is designated as a 'small pool' due to standing water depth) into a modern splash pad of similar size. A splash pad will provide diversified park users, which are largely families, with extended service hours and be more cost effective for the City to operate when compared to the existing wading pool. Page 27 of 84 ABORIGINAL CONSULTATION SCHEDULE L L.1 Useful Life of Facility (years) 12 Useful Life of Facility (years) 12 Rine /Ontario REC Co bution Agreement for Infrastructure Projects SCHEDULE "C" ELIGIBLE AND INELIGIBLE COSTS C.1 ELIGIBLE COSTS C.1.1 Subject to Section C.2, Eligible Costs are all direct costs that are, in the Ministry's opinion, properly and reasonably incurred and paid by the Recipient under a Contract for goods or services necessary for the implementation of the Project: a) the costs to rehabilitate or repair fixed capital assets of recreational infrastructure, including new construction that is either adding to or replacing existing recreational infrastructure assets or capacity; b) the fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of a project infrastructure asset and related facilities and structures; c) the costs of environmental assessments, monitoring, and follow -up programs as required by the Canadian Environmental Assessment Act, S.C. 1992, c. 37, as amended and the Environmental Assessment Act, R.S.O. 1990, c. E. 18, as amended and the costs of remedial activities, mitigation measures and follow -up identified in any environmental assessment; d) the costs described in Schedule "G" as Eligible Costs; e) the costs of Project - related signage, lighting, Project markings and utility adjustments; f) the costs of developing and implementing innovative techniques for carrying out the Project, as determined by the Ministry; g) costs of related to following the Aboriginal Consultation Protocol set out in Schedule "L ", including the translation of documents into languages spoken by the interested Aboriginal community(ies); h) Recipient audit and evaluation costs as specified in this Agreement, with the exception of costs related to the retaining of an external auditor; and i) other costs that are considered to be direct and necessary for the successful implementation of the Project and that have been approved in advance, and in writing, by the Ministry. C.1.2 Employee and Equipment costs The incremental costs of the Recipient's employees or equipment may be included in its Eligible Costs under the following conditions. a) the Recipient is a local, regional or First Nation's government; b) the Recipient satisfies the Ministry that it is not economically feasible to tender a Contract; Page 28 of 84 'MC/Ontario REC Contribution Agreement for Infrastructure Projects c) employees or equipment are employed directly in respect of the work that would have been the subject of the Contract; and d) approved in advance and in writing by the Ministry. C.2.1 INELIGIBLE COSTS The following costs are ineligible for Financial Assistance: a) costs incurred before June 26, 2009 and after March 31, 2.011; b) movable equipment; c) services or works that, in the opinion of the Ministry, are normally provided by the Recipient or a related party; d) salaries and other employment benefits of any employees of the Recipient except as indicated in section C.1.2; e) the Recipient's overhead costs, its direct or indirect operating or administrative costs, and more specifically, its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, f) costs of feasibility and planning studies; g) taxes for which the Recipient is eligible for a tax rebate, credit or refund and all other costs eligible for rebates, credits or refunds; h) costs of and acquisition, leasing land, buildings, equipment and other facilities, real estate fees and related costs; i) financing charges, legal fees and loan interest payments (including those related to easements (e.g. surveys)); j) the value of any goods and services which are received through donations or in kind; k) routine repair and maintenance costs; and I) the costs described in Schedule "G" as Ineligible Costs. Page 29 of 84 RInC /Ontario REC Contribution Agreement for infrastructure Projects SCHEDULE "D" FINANCIAL ASSISTANCE Subject to Section 4.4 of Schedule "A ", the Ministry will provide Financial Assistance to the Recipient for each project described above following receipt and approval of a Progress Report specific to each project as submitted on a monthly basis by the Recipient to the Ministry. Page 30 of 84 Breakdown of Financial Assistance ($) Recipient's Obligation (6) Project Number Total Eligible Costs ( $) Expected Financial Assistance Federal Maximum Financial Assistance Ontario Maximum Financial Assistance Maximum Financial Assistance Total Other Funds (as outlined in Schedule K ) 2009 -10 2010 -11 R2441 $215,000 $143,334 $0 $71,667 $71,667 $143,334 $71,667 R2442 $1,963,500 $400,000 $909,0000 $654,500 $654,500 $1,309,000 $654,500 R2443 $330,000 $100,000 $120,000 $110,000 $110,000 $220,000 $1x0,000 R2444 $270,000 $0 $180,000 $90,000 $90,000 $180,000 $90,000 R2529 $370,000 $0 $246,666 $123,333 $123,333 $246,666 $123,333 R2530 $250,000 $30,000 $136,666 $83,333 $83,333 $166,666 $83,333 RInC /Ontario REC Contribution Agreement for infrastructure Projects SCHEDULE "D" FINANCIAL ASSISTANCE Subject to Section 4.4 of Schedule "A ", the Ministry will provide Financial Assistance to the Recipient for each project described above following receipt and approval of a Progress Report specific to each project as submitted on a monthly basis by the Recipient to the Ministry. Page 30 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects The amount payable by the Ministry to the Recipient will be based on the invoice summary and attached invoices as submitted with each Progress Report and will be equal to the proportion of Maximum Financial Assistance to the Total Eligible Cost. The Ministry will pay up to 90% of the Maximum Financial Assistance per project prior to the receipt from the Recipient of the Finai Report specific to that project. The Ministry will retain 10% of the Maximum Financial Assistance per project pending receipt of the Final Report specific to that project, regardless of Eligible Costs incurred by the Recipient prior to its completion of the Final Report specific to that project. The Ministry will pay the retained 10% of the Maximum Financial Assistance specific to that project upon acceptance of the Recipient's Final Report for that project and receipt of a Solemn Declaration of Substantial Completion for a specific Project. Each such Final Report must contain the information required in the Final Report as set out in Section 6.3 of Schedule "A ". The Ministry is not obligated to pay interest on the 10% retained or any other payments under this Agreement. Page 31 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "E" FEDERAL REQUIREMENTS The Ministry and the Recipient agree to the following Federal Requirements: 1. The Recipient acknowledges and agrees that the amount of Financial Assistance being provided by the Ministry is dependent on the Ministry receiving funds for the Project from the Government of Canada (the "Federal Government "). Should the Ministry not receive the funds it expects to receive in relation to the Project from the Federal Government, the Ministry may, in its sole discretion, Adjust the Financial Assistance being provided to the Recipient pursuant to this Agreement (including, without limitation, requiring repayment of Financial Assistance already paid to the Recipient). 2. The Recipient shall indemnify and hold harmless the Federal Government, its officers, servants, employees or agents, from and against all claims and demands, loss, damages, costs, expenses, actions, suits or other proceedings by whomsoever made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: a) The Project; b) The performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a third party, its officers, employees or agents; c) The construction, design, ongoing operation, maintenance and repair of the Facility; or d) Any omission or other willful or negligent act of the Recipient, its employees, officers or agents; Except to the extent to which such claims and demands, losses costs, damages, actions, suits or other proceedings relate to the act or negligence of an officer, employee or agent of the Federal Government in the performance of his or her duties. 3. The Recipient further agrees to indemnify and hold the Federal Government, its directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which the Federal Government, its directors, officers, employees and agents may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful misconduct. 4. The Recipient acknowledges that the provisions of the Access to Information Act, R.S.C. 1985, c. A -1, as amended and the Privacy Act, R.S.C. 1985 c. P -21, as amended and regulations thereunder bind the Federal Government. 5. The Recipient acknowledges that the Federal Government is or will be the owner of certain Page 32 of 84 Rlnc /ontario REC Contribution Agreement for Infrastructure Projects distinguishing marks comprised of designs, trademarks and official marks in relation to RInC /Ontario REC (the "Federal Licensed Marks ") and the Recipient is subject to the requirements of Section 13 (Communication and Recognition) of this Agreement, with appropriate changes, in relation to the Federal Licensed Marks. 6. No member of the House of Commons or of the Senate of Canada shall be admitted to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 7. Notwithstanding any provisions of this Agreement, all obligations of the Federal Government incurred by virtue of this Agreement shall be subject to the Financial Administration Act, R.S.C. 1985, c. F -11, as amended. 8. Pursuant to the requirements of the Canadian Environmental Assessment Act, S.C. 1992, c. 37, as amended, the Recipient will follow the general environmental mitigation measures outlined in the document entitled "Screening under the Canadian Environmental Assessment Act" and any Project - specific environmental mitigation measures as communicated to the Recipient by the Federal Government. 9. The Recipient acknowledges and agrees that the Federal Government may, in its sole discretion, exercise the Ministry's right to monitor the Project, perform audits and /or gather data pursuant to the terms and conditions of this Agreement. 10. The Recipient shall, in all public communications (including but not limited to Web sites, publications, news releases, presentations, annual reports, on -site signage) acknowledge the financial contribution of the Governments of Canada and Ontario. The Recipient shall consent to a form of acknowledgement which has been approved by the Minister or his /her representatives, and which may include text in both official languages, an official government symbol and /or other graphic elements. The Recipient also consents to limit the acknowledgement to applications agreed upon by the Minister or his /her representatives and to terminate the acknowledgement upon the request by the Minister or his /her representatives. 11. The Recipient warrants that: a) it has not, nor has any person on its behalf, paid or provided or agree to pay or provide, to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the execution of the Agreement or the person arranging a meeting with any Public Office Holder as defined in the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), as amended; b) it will not, during the term of this Agreement, pay or provide or agree to pay or provide to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the person arranging a meeting with any Public Office Holder; c) any person who, for consideration, directly or indirectly, communicated with or arranged a meeting with any Public Office Holder, in respect of any aspect of this Agreement, prior to the execution of the Agreement, was in compliance with all Page 33 of 84 RInC/Ontario REC Contribution Agreement for Infrastructure Projects requirements cif the Act; d) any person who for consideration, directly or indirectly, during the term of this Agreement and in respect of any aspect of this Agreement, communicates with or arranges a meeting with any Public office Holder will be in compliance with all requirements of the Act; and e) at all relevant time the Recipient has been, is and will remain in compliance with the Act. Page 34 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "F" ADDITIONAL PROVISIONS R2441 Upgrades to Oakes Park The Ministry and the Recipient agree to the following additional provisions: 1 Further to Section 16 of Schedule "A ", notice can be given at the following addresses: (a) If to the Ministry: Alan Koehler Ministry of Tourism Central Region 700 Bay Street, 15th Floor Toronto, ON M5G 1Z6 Phone : (416) 326 -9383 Fax : (416) 314 -1382 E -mail : AIan.Koehler @ontario.ca Attention: Alan Koehler, Program Consultant (b) If to the Recipient: 2. Other provisions: nil City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls L.2E 6X5 Phone : 905-356-7521 ext 3331 E -mail : dmorrissey©niagarafalls.ca Attention: Denyse Morrissey, Director of Parks, Recreation & Culture 3. Other Reporting Requirements: nil Page 35 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "F" ADDITIONAL PROVISIONS R2442 Expansion of Patrick Cummings Memorial Sports Complex The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "A ", notice can be given at the following addresses: (a) If to the Ministry: Alan Koehler Ministry of Tourism Central Region 700 Bay Street, 15th Floor Toronto, ON M5G 1Z6 Phone: (416) 326 -9383 Fax: (416) 314-1382 E -mail : AIan.Koehler @ontario.ca Attention: Alan Koehler, Program Consultant (b) If to the Recipient: 2. Other provisions: nil City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls L.2E 6X5 Phone : 905-356-7521 ext 3331 E -mail : dmorrissey @niagarafalls.ca Attention: Denyse Morrissey, Director of Parks, Recreation & Culture 3. Other Reporting Requirements: nil Page 36 of 84 RInCfOntario REC Contribution Agreement for Infrastructure Projects SCHEDULE "F" ADDITIONAL PROVISIONS R2443 Improvement of Kalar Park with Accessible Washrooms The Ministry and the Recipient agree to the following additional provisions: 1 Further to Section 16 of Schedule "A ", notice can be given at the following addresses: (a) If to the Ministry: 2. Other provisions: nil Alan Koehler Ministry of Tourism Central Region 700 Bay Street, 15th Floor Toronto, ON M5G 1Z6 Phone : (416) 326 -9383 Fax : (416) 314 -1382 E -mail : AIan.Koehler @ontario.ca Attention: Alan Koehler, Program Consultant (b) If to the Recipient: City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls L.2E 6X5 Phone : 905 - 356 -7521 ext 3331 E -mail : dmorrissey @niagarafalls.ca Attention: Denyse Morrissey, Director of Parks, Recreation & Culture 3. Other Reporting Requirements: nil Page 37 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "F" ADDITIONAL PROVISIONS R2444 Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "A ", notice can be given at the following addresses: (a) If to the Ministry: Alan Koehler Ministry of Tourism Central Region 700 Bay Street 15th Floor Toronto, ON M5G 1Z6 Phone: (416) 326 -9383 Fax: (416) 314 -1382 E -mail : AIan.Koehler @ontario.ca Attention: Alan Koehler, Program Consultant (b) If to the Recipient: 2. Other provisions: nil City of Niagara Falls 4310 Queen St, PO Box 1023 Niagara Falls L.2E 6X5 Phone : 905- 356 -7521 ext 3331 E -mail : dmorrissey @niagarafalls.ca Attention: Denyse Morrissey, Director of Parks, Recreation & Culture 3. Other Reporting Requirements: nil Page 38 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects R2529 Expansion of Millennium Recreation Trail SCHEDULE "F" ADDITIONAL PROVISIONS The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "A ", notice can be given at the following addresses: (a) If to the Ministry: Alan Koehler Ministry of Tourism Central Region 700 Bay Street, 15th Floor Toronto, ON M5G 1Z6 Phone : (416) 326 -9383 Fax: (416) 314-1382 E -mail : AIan.Koehler @ontario.ca Attention: Alan Koehler, Program Consultant (b) If to the Recipient: 2. Other provisions: nil City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls L.2E 6X5 Phone : 905- 356 -7521 ext 3331 E -mail : dmorrissey @niagarafalls.ca Attention: Denyse Morrissey, Director of Parks, Recreation & Culture 3. Other Reporting Requirements: nil Page 39 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "F" ADDITIONAL PROVISIONS R2530 Replacement of Wading Pool in E.E. Mitchelson Park The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "A ", notice can be given at the following addresses: (a) If to the Ministry: Alan Koehler Ministry of Tourism Central Region 700 Bay Street, 15th Floor Toronto, ON M5G 1Z6 Phone: (416) 326 -9383 Fax : (416) 314 -1382 E -mail : AIan.Koehler @ontario.ca Attention: Alan Koehler, Program Consultant (b) If to the Recipient: 2. Other provisions: nil City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls LOS 1E4 Phone : 905-356-7521 ext 3331 E -mail : dmorrissey @niagarafalls.ca Attention: Denyse Morrissey, Director of Parks, Recreation & Culture 3. Other Reporting Requirements: nil Page 40 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "G" COMMUNICATIONS REQUIREMENTS Unless specified otherwise in Schedule "F ", for the purposes of this Schedule "G" the Recipient shall follow these communications requirements. Purpose of Schedule This Schedule describes the Recipient's responsibilities and financial obligations involved in the joint communications activities and products for the Project to recognize the contributions of the Federal Government, the Government of Ontario and the Recipient. General Principles The Recipient agrees to work with RInC /Ontario REC officials and other partners to undertake communication activities for the Project in an open, effective and proactive manner, ensuring equal recognition and prominence of all parties making a significant financial contribution to the Project when logos, symbols, flags and other types of identification are used. All parties making a significant financial contribution to the Project will receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into events, signs and plaques unless the Ministry specifies otherwise. All events and signage will follow these Communications Requirements and any other requirements that may be specified by the Ministry from time to time. Both official languages will be used for public information and signage in accordance with the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), as amended. The Recipient may produce information kits, brochures, public reports and Web pages providing information on the Project and Agreement for private- sector interest groups, contractors and members of the public. These products must indicate that the Project received Financial Assistance from the Governments of Canada and Ontario under RInC /Ontario REC. The Recipient will consult with the Governments of Canada and Ontario in preparing the content and look of all such material. All communications referencing the Governments of Canada and Ontario must be approved. Events The Recipient agrees that all Project - related milestone events, such as groundbreaking and ribbon - cutting ceremonies, will be organized in cooperation with the Governments of Canada and Ontario and any other parties making a significant financial contribution to the Project. The Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the availability of all participants. Unless agreed to in advance, no event should take place without at least fifteen (15) Business Days' notice to all Parties. Page 41 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects The Recipient may invite other elected officials and members of council. The Recipient should also invite local interested parties, such as contractors, architects, labour groups, and community leaders as early as possible, and in consultation with the Governments of Canada and Ontario, prior to the event. All written communications (invitations, public service announcements, posters, news releases, etc.) must indicate that the Project received Financial Assistance from the Governments of Canada and Ontario under RInC /Ontario REC. The Governments of Canada and Ontario will assist the Recipient in coordinating the attendance of federal and provincial representatives, as well as developing an agenda, news release, etc. All parties will approve and receive final copies. Federal, provincial and municipal flags (where applicable) should also be on display at all RInC /Ontario REC events. The Table of Precedence for Canada as established by Canadian Heritage ( http: / /www.pch.gc.ca /pgm /ceem- cced /prtcl /precedence- eng.cfm), or some other mutually acceptable protocol should be respected. Signage The Recipient agrees to install Project signage to communicate the nature of the Project and the involvement of the Governments of Canada and Ontario and the Recipient, in accordance with federal and provincial signage guidelines available on the RInC /Ontario REC website at www.rinc -on.ca Eligible Costs The Recipient will pay the costs of preparing and delivering communications activities and products, including the organization of special events and the production of signage. These costs are deemed to be Eligible Costs under the Agreement as specified below. For the purposes of events, Eligible Costs include the following: • Printing and mailing invitations • Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks • Draping for plaque unveiling • Project material for display and /or media kit • Signage • Rentals such as: e flagpoles e stage e chairs • podium ▪ PA system The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are Ineligible Costs. Page 42 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects For the purposes of signage, Eligible Costs include the following: - Maximum costs of $2,250 for a small sign and $4,250 for a large sign - Maximum costs of $2,500 for a permanent plaque Page 43 of 84 Quarter (April - June) Q1 (July - Sept.) Q2 (Oct. - Dec.) Q3 (Jan .- March) Q4 200910 2010/11 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Upgrades to Oakes Park R2441 Expenditure Forecast Table Project Title: Project Number: �r Ontario Phone Number: Report Date: Prepared By: Jobs Created / Sustained Table Page 44 of 84 Average Number of Temporary Jobs Previous Quarter (show date ranges) Current Quarter (show date ranges) RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Upgrades to Oakes Park R2441 Expenditure Forecast Table Project Title: Project Number: �r Ontario Phone Number: Report Date: Prepared By: Jobs Created / Sustained Table Page 44 of 84 Quarter (April - June) 01 (July - Sept.) Q2 (Oct. - Dec.) 03 (Jan .- March) Q4 2009/10 2010/11 Project Title: Average Number of Temporary Jobs Previous Quarter (show date ranges) R2442 Current Quarter (show date ranges) Project Title: Expansion of Patrick Cummings Memorial Sports Complex Project Number: R2442 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada r it" Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Expenditure Forecast Table Jobs Created / Sustained Table Prepared By: Phone Number: Report Bate: Page 45 of 84 Quarter (April - June) 01 (July - Sept) Q2 (Oct, - Dec.) Q3 (Jan .- March) Q4 2009/10 2010/11 Project Title: Improvement of Kalar Park with Accessible Washrooms Project Number: R2443 RInCIOntario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada.' X Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Expenditure Forecast Table Jobs Created / Sustained Table Previous Quarter (show date ranges) Current Quarter (show date ranges) Average Number of Temporary Jobs Prepared By: Phone Number Report Date: Page 46 of 84 Quarter (April - June) Q1 (July - Sept. Q2 (Oct. - Dec.) Q3 (Jan .- March) Q4 2009/10 2010/11 Project Title: Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park Project Number: R2444 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada (Jr Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Expenditure Forecast Table Jobs Created / Sustained Table Previous Quarter (show date ranges) Current Quarter (show date ranges) Average Number of Temporary Jobs Prepared By: Phone Number: Report Date: Page 47 of 84 Quarter (April - .June) 01 (July - Sept.) Q2 (Oct. - Dec.) Q3 (Jan .- March) Q4 2009/10 2010/11 Rine/Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada 4 Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Project Title: Project Number: Expansion of Millennium Recreation Trail R2529 Expenditure Forecast Table Jobs Created / Sustained Table Prepared By: Phone Number: Report Date: Page 48 of 84 Average Number of Temporary Jobs Previous Quarter (show date ranges) Current Quarter (show date ranges) Rine/Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada 4 Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Project Title: Project Number: Expansion of Millennium Recreation Trail R2529 Expenditure Forecast Table Jobs Created / Sustained Table Prepared By: Phone Number: Report Date: Page 48 of 84 Quarter (April - June) Q1 (July - Sept.) Q2 (Oct. - Dec.) Q3 (Jan .- March) Q4 2009/10 2010/11 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada Lr Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Project Title: Project Number: Replacement of Wading Pool in E.E. Mitchelson Park R2530 Expenditure Forecast Table Jobs Created / Sustained Table Prepared By Phone Number: Repoli Date: Page 49 of 84 Average Number of Temporary Jobs Previous Quarter (show date ranges) Current Quarter (show date ranges) RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "H" EXPENDITURE AND JOB CREATION REPORT Canada Lr Ontario Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Project Title: Project Number: Replacement of Wading Pool in E.E. Mitchelson Park R2530 Expenditure Forecast Table Jobs Created / Sustained Table Prepared By Phone Number: Repoli Date: Page 49 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects R2441 Upgrades to Oakes Park SCHEDULE "I" BUDGET 2 Construction Costs 3 Project Management Costs 4 Other Eligible Costs (Show details below.) 5 6 7 8 9 Contingency Allowance (Maximum 10% of Eligible Costs) 10 Subtotal - Eli bte Project Oasts (Sum of Line s 1 through 9}} 11 12 13 14 15 } , E.igibis Costs 1 Design & Engineering Costs Other Costs (Sho detail: Subtotal - OtterCos (Sum of es ough 15} 17 . T Project Costs (Lines,10 +,16) $20,000 $180,000 $0 $o $ $15,000 $21$,000 $ $ $ $215,000 18 19 20 Ontario - Maximum Financial Assistance Canada - Maximum Financial Assistance Ontario & Cana da — Maximum Financial Assistance (18 + 19) E €€gib; Costs 0.33 0.33 0.67 $71,667 $71,667 $143,334 Page 50 of 84 Proposed Cash Flows 2009 2010 i - Total $ 21 Eligible Costs (Line 10) $215,000 $0 $215,000 22 Total Costs (Line 17) $215,000 $0 $215,000 23 Financial Assistance (Llne2o) $143,334 $0 $143,334 RInC /Ontario REC Contribution Agreement for Infrastructure Projects R2441 Upgrades to Oakes Park SCHEDULE "I" BUDGET 2 Construction Costs 3 Project Management Costs 4 Other Eligible Costs (Show details below.) 5 6 7 8 9 Contingency Allowance (Maximum 10% of Eligible Costs) 10 Subtotal - Eli bte Project Oasts (Sum of Line s 1 through 9}} 11 12 13 14 15 } , E.igibis Costs 1 Design & Engineering Costs Other Costs (Sho detail: Subtotal - OtterCos (Sum of es ough 15} 17 . T Project Costs (Lines,10 +,16) $20,000 $180,000 $0 $o $ $15,000 $21$,000 $ $ $ $215,000 18 19 20 Ontario - Maximum Financial Assistance Canada - Maximum Financial Assistance Ontario & Cana da — Maximum Financial Assistance (18 + 19) E €€gib; Costs 0.33 0.33 0.67 $71,667 $71,667 $143,334 Page 50 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE `9" BUDGET R2442 Expansion of Patrick Cummings Memorial Sports Complex 3 4 5 6 7 8 10, 11 12 13 14 15 1 17 Elig ole',C Design & Engineering Costs Construction Costs Project Management Costs Other Eligible Costs (Show details below.) Contingency Allowance (Maximum 10% of Eligible Costs) Subtotal Ehgibis Project Costs (Sum of Lines 1 through 9) her Costs (Slim details below) ;Subtotal - 0 h Total Project G 16 ) $1 07,000 $1,685,000 $71,500 $0 $ $ $ $100,000 ,5 $ $ 1,963,500 : 18 19 20 Ontario — Maximum Financial Assistance Canada — Maximum Financial Assistance Ontario & Canada — Maximum Financial Assistance (18 + 19) 0.33 0.33 0.67 $654,500 $654,500 $1,309,000 Proposed Cash Flows 21 Eligible Costs (Line 10) 22 Total Costs (Line 17) 23 Financial Assistance (Line 20) 2009 -10 $600,000 2010 $1,363,500 $600,000 $1 ,363,500 $400,000 $909,000 Total $ $1,963,500 $1,963,500 $1,309,000 Page 51 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "1" BUDGET R2443 Improvement of Kalar Park with Accessible Washrooms 1 . 2 3 4 5 6 7 8 11 12 13 14 15 16 a17 to C Design & Engineering Costs Construction Costs Project Management Costs Other Eligible Costs (Show details below.) Contingency Allowance (Maximum 10% of Eligible Costs) Subtotal - Eligible Project Costs (Sum of Lines 1 through 9) Other Costs (Show Total Project Costs (Lines 10 -r 16) '. details s below) " Subtota Oth Costa (Su rrof Line s'[1 throu 15 $20,000 $310,000 $0 $0 $ $0 30 ,0 $ $ 0 ,. 9 10. 18 19 20 Ontario — Maximum Financial Assistance Canada — Maximum Financial Assistance Ontario & Canada — Maximum Financial Assistance (18 + 19) 0.33 0.33 0.67 $110,000 $110,000 $220,000 Page 52 of 84 Proposed Cash Fiows 2009 -10 2010-11 Total '$ 1 21 Eligible Costs (Line 10) $150,000 $180,000 $330,000 22 Total Costs (Line17) $150,000 $180,000 $330,000 23 Financial Assistance (Line 20} $100,000 $1 20,000 $220,000 Rine /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "1" BUDGET R2443 Improvement of Kalar Park with Accessible Washrooms 1 . 2 3 4 5 6 7 8 11 12 13 14 15 16 a17 to C Design & Engineering Costs Construction Costs Project Management Costs Other Eligible Costs (Show details below.) Contingency Allowance (Maximum 10% of Eligible Costs) Subtotal - Eligible Project Costs (Sum of Lines 1 through 9) Other Costs (Show Total Project Costs (Lines 10 -r 16) '. details s below) " Subtota Oth Costa (Su rrof Line s'[1 throu 15 $20,000 $310,000 $0 $0 $ $0 30 ,0 $ $ 0 ,. 9 10. 18 19 20 Ontario — Maximum Financial Assistance Canada — Maximum Financial Assistance Ontario & Canada — Maximum Financial Assistance (18 + 19) 0.33 0.33 0.67 $110,000 $110,000 $220,000 Page 52 of 84 1 Design & Engineering Costs 2 Construction Costs 3 Project Management Costs 4 Other Eligible Costs (Show details below.) 5 7 8 9 Contingency Allowance (Maximum 10% of Eligible Costs) 10 S ubtotal - El Project Costs (S um rjf Lines 1 through 9) Otl er Costs (sh 11 12 13 14 15 Subtot ts; Lanes 11 through 15)' 17 Total Project Costs nes 10 6) $5,000 $265,000 $ 0 $0 $ $ $ $0 $270000 $ $270,000, 18 19 20 Ontario - Maximum Financial Assistance Canada - Maximum Financial Assistance Ontario 8. Canada - Maximum Financial Assistance (18 + 19) o f Er 'fa Costs 0.33 0.33 0.67 $90,000 $90,000 $180,000 2 22 23 RInC /Ontario REC Contribution Agreement for Infrastructure Projects R2444 Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park Proposed Cash Flows Eligible Costs (Line 10) Total Costs (Line 17) Financial Assistance (Lineal) SCHEDULE '1" BUDGET Eligible Costs $ $0 2009 -10 2010 -11 $270,000 $270,000 $180,000 Total $ $270,000 $270,000 $180,000 Page 53 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "1" BUDGET R2529 Expansion of Millennium Recreation Trail 1 12 13 14 15 EOgible Costs Design & Engineering Costs Construction Costs Project Management Costs Other Eligible Costs (Show details below.) Contingency Allowance (Maximum 10% of Eligible Costs) l7tota) - 1= J'tibte Project Costs (Sum of Lines 1 through 9) Other Costs (Show details below) ub Costs (S hr 15) Tole Project Costs (tines Oi $20,000 $350,000 $o $0 $0 370 $ $ $ 18 19 20 Ontario — Maximum Financial Assistance Canada — Maximum Financial Assistance Ontario & Canada — Maximum Financial Assistance (18 + 19) 0.33 0.33 0.67 $123,333 $123,333 $246,666 Proposed Cash Flows 2009 -10d 21 Eligible Costs (Line 10) 22 Total Costs (Line 17) Financial Assistance (Line 20) $0 $0 $370,000 $246,666 $370,000 $246,666 23 $0 201011 Total ,$ $370,000 $370,000 Page 54 of 84 6 7 1 RInctOntario REC Contribution Agreement for Infrastructure Projects SCHEDULE'S" BUDGET R2530 Replacement of Wading Pool in E.E. Mitchelson Park 2 3 14 5 T Eligible Costs Design & Engineering Costs Construction Costs Project Management Costs Other Eligible Costs (Show details below.) Contingency Allowance (Maximum 10% of Eligible Costs) Su btotal - Eligible Project Cos of L;nos 1 thrdug119) Subtotal — Other Costs (Spjn of Lines 9 througta Tot alP fofectCost s (Llaest0 + Other Costs (Showdetails below) $0 $250,000 $0 $0 $0 $ $ $ $ 2. 250,000 anciai Ass! % of ENglbb Es t 18 19 20 Ontario — Maximum Financial Assistance 0.33 Canada - Maximum Financial Assistance 0.33 Ontario & Canada — Maximum Financial Assistance (18 + 19) 0.67 $83,333 $83,333 $166,666 Page 55 of 84 Proposed Cash Flows 2009-10 2010-11 Total $ 21 Eligible Costs (Line 10) $45,000 $205,000 $250,000 22 Total Costs (Line 17) $45,000 $205,000 $250,000 L 23 Financial Assistance (Line20) $30,000 $136,666 $166,666 6 7 1 RInctOntario REC Contribution Agreement for Infrastructure Projects SCHEDULE'S" BUDGET R2530 Replacement of Wading Pool in E.E. Mitchelson Park 2 3 14 5 T Eligible Costs Design & Engineering Costs Construction Costs Project Management Costs Other Eligible Costs (Show details below.) Contingency Allowance (Maximum 10% of Eligible Costs) Su btotal - Eligible Project Cos of L;nos 1 thrdug119) Subtotal — Other Costs (Spjn of Lines 9 througta Tot alP fofectCost s (Llaest0 + Other Costs (Showdetails below) $0 $250,000 $0 $0 $0 $ $ $ $ 2. 250,000 anciai Ass! % of ENglbb Es t 18 19 20 Ontario — Maximum Financial Assistance 0.33 Canada - Maximum Financial Assistance 0.33 Ontario & Canada — Maximum Financial Assistance (18 + 19) 0.67 $83,333 $83,333 $166,666 Page 55 of 84 RInCfOntario REC Contribution Agreement for Infrastructure Projects R2441 Upgrades to Oakes Park Project Construction Start Date: 2009 -09 -21 Anticipated Project End Date: 2009 -11 -26 SCHEDULE "J" PROJECT TIMELINE Page 56 of 84 PRC }JECT MILESTONES & ACTIVITIES TMtELtt3ES .; 1. Track and field resurfacing quotation issued August 2009 2. Track resurfacing work in progress September 17 - September 30 2009 3. Track resurfacing completed, track in use October 1 2009 - Track in use 4. Field Event Area Improvements ongoing October 2009 5. Electrical wiring upgrades for sport lights - quotation October 2009- November 2009 RInCfOntario REC Contribution Agreement for Infrastructure Projects R2441 Upgrades to Oakes Park Project Construction Start Date: 2009 -09 -21 Anticipated Project End Date: 2009 -11 -26 SCHEDULE "J" PROJECT TIMELINE Page 56 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "J" PROJECT TIMELINE R2442 Expansion of Patrick Cummings Memorial Sports Complex Project Construction Start Date: 2009 -09 -14 Anticipated Project End Date: 2010 -10 -31 Page 57 of 84 PROJECT MILESTONES & ACTIVITIES TIMELINES 1. Field lighting and electrical 2009-09-14 to 2010 -03 -31 2. Washroom Facility 2010 -02 -15 to 2010 -05 -31 3. Sport Fields /Site work 2010 -03 -15 to 2010 -10 -31 4. 5. RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "J" PROJECT TIMELINE R2442 Expansion of Patrick Cummings Memorial Sports Complex Project Construction Start Date: 2009 -09 -14 Anticipated Project End Date: 2010 -10 -31 Page 57 of 84 RInC/Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "J" PROJECT TIMELINE R2443 Improvement of Kalar Park with Accessible Washrooms Project Construction Start Date: 2009 -09 -21 Anticipated Project End Date: 2010 -04 -30 1. 2. 3. 4. 5. OUECT MILESTONES & ACTIVITIES TIMELINES Sanitary service lit e quotation issued Sanitary service installation Construction of building Septembe 4, 2009 October/November 2009 April 2010 to September 2010 Page 58 of 84 RInC/Onterio REC Contribution Agreement for Infrastructure Projects SCHEDULE "J" PROJECT TIMELINE R2444 Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park Project Construction Start Date: 2010 -0445 Anticipated Project End Date: 2010 - 12 - 15 OJECT MILESTONES & ACTIVITIES 3. 4. 5. Pool liner Splash pad play area T1 2010- 04 - 15 to 2010 -06 -15 2010 - 09 -15 to 2010-12-15 Page 59 of 84 Source Amount Comm itted ($) Amount Anticipated ($) Total ($) City of Niagara Falls $71,667 $71,667 $71,667 $ $ $ $ $ $ Total Other Funds —+ $71,667 RInC /Ontario REC Contribution Agreement for Infrastructure Projects R2441 Upgrades to Oakes Park SCHEDULE "K" OTHER FUNDING The Other Funds are as follows (to be completed for each Project listed in Schedule "B "): Page 62 of 84 Source Amount Committed ($) Amount Anticipated ($) Total ($) City of Niagara Falls $654,500 $654,500 $654,500 $ $ $ $ $ $ Total Other Funds —z $654,500 Rine/Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "K" OTHER FUNDING R2442 Expansion of Patrick Cummings Memorial Sports Complex The Other Funds are as follows (to be completed for each Project listed in Schedule "B "): Page 63 of 84 Source Amount Committed ($) Amount Anticipated ($) Total ($) City of Niagara Falls $110,000 $110,000 $110,000 $ $ $ $ $ $ Total Other Funds -, $110,000 RInC/Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "K" OTHER FUNDING R2443 Improvement of Kalar Park with Accessible Washrooms The Other Funds are as follows (to be completed for each Project listed in Schedule "B "): Page 64 of 84 Source Amount Committed ($) Amount Anticipated ($) Total ($) City of Niagara Falls $90,000 $90,000 $90,000 $ $ $ $ $ $ Total Other Funds —> ` $90,000 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "K" OTHER FUNDING R2444 Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park The Other Funds are as follows (to be completed for each Project listed in Schedule "B "): Page 65 of 84 Source Amount Committed ($) Amount Anticipated ($) Total ($) City of Niagara Falls $123,333 $123,333 $123,333 $ $ $ $ $ $ Total Other Funds -* $123,333 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "K" OTHER FUNDING R2529 Expansion of Millennium Recreation Trail The Other Funds are as follows (to be completed for each Project listed in Schedule "B "): Page 66 of 84 Source Amount Committed ($) Amount Anticipated ($) Total ($) City of Niagara Falls $83,333 $83,333 $83,333 $ $ $ $ $ $ Total Other Funds -- $83,333 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "K" OTHER FUNDING R2530 Replacement of Wading Pool in E.E. Mitchelson Park The Other Funds are as follows (to be completed for each Project listed in Schedule "B "): Page 67 of 84 RInC/Ontario REC Contribution Agreement for Infrastructure Projects 1.0 Definitions SCHEDULE "L.1" ABORIGINAL CONSULTATION PROTOCOL For the purposes of this Schedule "L.1 ", "Aboriginal Communities' includes the Indian, Inuit and the Metis peoples of Canada or any other group that has legally been recognized as holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. 2.0 Responsibilities of the Recipient 2.1 The Recipient shall immediately notify the Ministry: (i) of contact by any Aboriginal communities regarding the Project; or (ii) if any Aboriginal archaeological resources are discovered in the course of the Project, and in either case, the Ministry may direct the Recipient to take such actions, including without limitation suspension of the Project, as the Ministry may require. The Recipient shall comply with the Ministry's direction. 2.2 The Recipient shall provide in any contracts with third parties for the Recipients right and ability to respond to direction from the Ministry as the Ministry may provide in accordance with section 2.1. Page 68 of 84 RInC /Cnlario REC Contribution Agreement for Infrastructure Projects SCHEDULE "L.2" ABORIGINAL CONSULTATION PROTOCOL 1.0 Purpose The purpose of this Aboriginal Consultation Protocol is to set out the responsibilities of the Ministry and the Recipient in relation to consultation with Aboriginal Communities on the Project, and to delegate procedural aspects of consultation from the Ministry to the Recipient. 1.1 Definitions For the purposes of this Schedule "L.2 ": "Aboriginal Communities" includes the Indian, Inuit and the Metis peoples of Canada or any other group that has legally been recognized as holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. "S. 35 Duty" means any duty the Ministry may have to consult and, where appropriate, accommodate Aboriginal Communities in relation to the Project flowing from Section 35 of the Constitution Act, 1982. 2.0 Responsibilities of the Ministry 2.1 The Ministry is responsible for: (i) determining the Aboriginal Communities to be consulted in relation to the Project, if any, and advising the Recipient of same; (ii) the preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Communities; (Hi) at its discretion, delegating procedural aspects of consultation to the Recipient pursuant to this Agreement; (iv) directing the Recipient to take such actions, including without limitation suspension of the Project, as the Ministry may require; (v) satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Agreement; and (vi) satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Communities require accommodation, that Aboriginal Communities are appropriately accommodated in relation to the Project . 3.0 Responsibilities of the Recipient 3.1 The Recipient hereby acknowledges that, for the purposes of any S. 35 Duty borne by the Ministry, the Recipient is the Ministry's delegate and in this capacity is responsible for carrying Page 69 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects out the procedural aspects of consultation delegated to it by the Ministry pursuant to this Agreement. 3.2 The Recipient is responsible for: giving notice to the Aboriginal Communities regarding the Project, if such notice has not already been given by the Recipient or the Ministry; (H) informing the Aboriginal Communities about the Project and providing to the Aboriginal Communities a full description of the Project unless such description has been previously provided to them; (iii) following up with the Aboriginal Communities in an appropriate manner to ensure that Aboriginal Communities are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Community; (iv) informing the Aboriginal Communities of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (v) maintaining the Aboriginal Communities on the Recipient's mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Communities all notices and communications that the Recipient provides to interested parties and any notice of completion; (vi) making all reasonable efforts to build a positive relationship with the Aboriginal Communities in relation to the Project; (vii) providing the Aboriginal Communities with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Communities to discuss the Project; (1) (viii) if appropriate, providing reasonable financial assistance to Aboriginal Communities to permit effective participation in consultation processes for the Project; (x) considering comments provided by the Aboriginal Communities regarding the potential impacts of the Project an Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Community, or on other interests, or any other concerns or issues regarding the Project; (xi) answering any questions to the extent of the Recipient's ability and receiving comments from the Aboriginal Communities, notifying the Ministry of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Communities and any responses the Recipient has provided; Page 70 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects (xii) where an Aboriginal Community asks questions regarding the Project directly of the Ministry, providing the Ministry with the information reasonably necessary to answer the inquiry, upon the Ministry's request; (xiii) subject to section 3.2 (xiv), where appropriate, discussing with the Aboriginal Communities potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Ministry any comments or questions from the Aboriginal Communities that relate to potential accommodation or mitigation of potential impacts; (xiv) consulting with the Ministry during all discussions with Aboriginal Communities regarding accommodation measures, if applicable, and presenting to the Ministry for the purposes of section 2.1 (v) hereof, the results of such discussions prior to implementing any applicable accommodation measures; and (xv) complying with the Ministry's direction to take any actions, including without limitation suspension of the Project, as the Ministry may require. 3.3 The Recipient hereby acknowledges that, notwithstanding Section 3.1 above, the Ministry, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision - maker, may participate in the matters and processes enumerated therein as they deem necessary. 3.4 The Recipient will carry out the following functions in relation to record keeping, information sharing and reporting to the Ministry: provide to the Ministry, upon request, complete and accurate copies of all documents provided to the Aboriginal Communities in relation to the Project; (ii) keep reasonable business records of all its activities in relation to consultation and provide the Ministry with complete and accurate copies of such records upon request; (1) (Hi) provide the Ministry with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Community in relation to the Project; (iv) immediately notify the Ministry of any contact by any Aboriginal Communities regarding the Project and provide copies to the Ministry of any documentation received from Aboriginal Communities; (v) advise the Ministry in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (vi) immediately notify the Ministry if any Aboriginal archaeological resources are discovered in the course of the Project; (vii) provide the Ministry with summary reports or briefings on all of its activities in relation Page 71 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects 5.0 General to consultation with Aboriginal Communities, as may be requested by the Ministry; and (viii) if applicable, advise the Ministry if the Recipient and an Aboriginal Community propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. 3.5 The Recipient shall, upon request lend assistance to the Ministry by filing records and other appropriate evidence of the activities undertaken both by the Ministry and by the Recipient in consulting with Aboriginal Communities in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Ministry and by the Recipient, to the relevant regulatory or judicial decision - makers. 4.0 No Implicit Acknowledgement 4.1 Nothing in this Agreement shall be construed as an admission, acknowledgment, agreement or concession by the Ministry or the Recipient, that a S. 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any S. 35 Duty, nor that a particular aspect of consultation referred to in Section 3.1 hereof is an aspect of the S. 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. 5.1 This Agreement shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the S. 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision -maker acting pursuant to laws and regulations. Such decision - makers may have additional obligations or requirements. Nonetheless, the intent of the Ministry is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Communities so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Communities, the Recipient, the Ministry, and provincial ministries, boards, agencies and other regulatory decision- makers. Page 72 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects Project Number: R2441 SCHEDULE "M" FORM OF CERTIFICATE CERTIFICATE OF City of Niagara Falls RE: Recreational Infrastructure Canada Program in Ontario (RInC) and Ontario Recreational Program (Ontario REC) AND RE: City of Niagara Falls (the "Recipient ") Upgrades to Oakes Park AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement ") TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that: 1. It has fully and diligently reviewed the invoices included and summarized in the attached report (the "Invoices "). 2. All of the Invoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the Invoices has been performed. 5. All of the work related to the Invoices was procured using a competitive process /tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "A" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of , City of Niagara Falls by: Name: Title: Page 73 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects Project Number: R2442 SCHEDULE "M" FORM OF CERTIFICATE CERTIFICATE OF City of Niagara Falls RE: Recreational Infrastructure Canada Program in Ontario (RInC) and Ontario Recreational Program (Ontario REC) AND RE: City of Niagara Falls (the "Recipient ") Expansion of Patrick Cummings Memorial Sports Complex AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement ") TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that: 1. It has fully and diligently reviewed the invoices included and summarized in the attached report (the "Invoices "). 2. All of the Invoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the Invoices has been performed. 5. All of the work related to the Invoices was procured using a competitive process /tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "A" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of , City of Niagara balls by: Name: Title: Page 74 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects Project Number: R2443 The Recipient hereby certifies that: SCHEDULE "M" FORM OF CERTIFICATE CERTIFICATE OF City of Niagara Falls RE: Recreational Infrastructure Canada Program in Ontario (RInC) and Ontario Recreational Program (Ontario REC) AND RE: City of Niagara Falls (the "Recipient ") Improvement of Kalar Park with Accessible Washrooms AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement ") TO: Her Majesty the Queen in Right of Ontario 1. It has fully and diligently reviewed the invoices included and summarized in the attached report (the "Invoices "). 2. All of the Invoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the Invoices has been performed. 5. All of the work related to the Invoices was procured using a competitive process /tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "A" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of , City of Niagara Falls by: Name: Title: Page 75 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects Project Number: R2444 SCHEDULE "M" FORM OF CERTIFICATE CERTIFICATE OF City of Niagara Falls RE: Recreational Infrastructure Canada Program in Ontario (RInC) and Ontario Recreational Program (Ontario REC) AND RE: City of Niagara Falls (the "Recipient ") Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement') TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that 1. It has fully and diligently reviewed the invoices included and summarized in the attached report (the "Invoices "). 2, All of the Invoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the Invoices has been performed. 5. All of the work related to the Invoices was procured using a competitive process /tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "A" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of , City of Niagara Falls by: Name: Title: Page 76 of 84 Rine /Ontario REC Contribution Agreement for Infrastructure Projects Project Number: R2529 SCHEDULE "M" FORM OF CERTIFICATE CERTIFICATE OF City of Niagara Falls RE: Recreational Infrastructure Canada Program in Ontario (RInC) and Ontario Recreational Program (Ontario REC) AND RE: City of Niagara Falls (the "Recipient ") Expansion of Millennium Recreation Trail AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement ") TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that: 1. It has fully and diligently reviewed the invoices included and summarized in the attached report (the "Invoices "). 2. All of the Invoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the Invoices has been performed. 5. All of the work related to the Invoices was procured using a competitive process /tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "A" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of City of Niagara Falls by: Name: Title: Page 77 of 84 Rine/Ontario REC Contribution Agreement for Infrastructure Projects Project Number: R2530 SCHEDULE "M" FORM OF CERTIFICATE CERTIFICATE OF City of Niagara Falls RE: Recreational Infrastructure Canada Program in Ontario (RInC) and Ontario Recreational Program (Ontario REC) AND RE: City of Niagara Falls (the "Recipient ") Replacement of Wading Pool in E.E. Mitchelson Park AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement ") TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that: 1. It has fully and diligently reviewed the invoices included and summarized in the attached report (the "Invoices "). 2. All of the Invoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the Invoices has been performed. 5. All of the work related to the Invoices was procured using a competitive process /tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "A" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of , City of Niagara Falls by: Name: Title: Page 78 of 84 RInC /Ontario REC Contribution Agreement tor Infrastructure Projects Canada Declared at 20 (Signature) date); SCHEDULE "N" SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION frl" Ontario R2441 Upgrades to Oakes Park Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION or SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion. on 2009. I a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title, department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above - mentioned Agreement (has /has not) been substantially completed as described in Schedule A, dated on the day of 20 . 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. (city), in the Province of Ontario this day of Name: Witness Name: Title: Title: Page 79 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects I a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above - mentioned Agreement (has /has not) been substantially completed as described in Schedule A, dated on the day of 20 . 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion SCHEDULE "N" SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION fig?; anada R2442 Expansion of Patrick Cummings Memorial Sports Complex Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion, on 2009. date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Ontario this day of 20 (Signature) Name: Witness Name: Title: Title: Page 80 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects I a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title, department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above - mentioned Agreement (has /has not) been substantially completed as described in Schedule A, dated on the day of 20 . 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion (Signature) SCHEDULE "N" SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Canada VOntario R2443 Improvement of Kalar Park with Accessible Washrooms Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion, on 2009. date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Ontario this day of 20 Name: Witness Name: Title: Title: Page81 of84 RInC/Ontario REC Contribution Agreement for Infrastructure Projects Canada" r t,�'®ntarl® R2444 Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion, an 2009. I a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above- mentioned Agreement (has /has not) been substantially completed as described in Schedule A, dated on the day of 20 . 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion (Signature) date); SCHEDULE "N" SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Ontario this day of 20 . Name: Witness Name: Title: T iHe: Page 82 of 84 RInCIOntario REC Contribution Agreement for Infrastructure Projects I a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above - mentioned Agreement (has /has not) been substantially completed as described in Schedule A, dated on the day of 20 . 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion R2529 Expansion of Millennium Recreation Trail Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion, on 2009. (Signature) SCHEDULE "N" SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Canada' rt" ®ntari® date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Ontario this day of 20 Name: Witness Name: Title: Title: Page 83 of 84 RInC /Ontario REC Contribution Agreement for Infrastructure Projects SCHEDULE "N" SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION eg anada -- Onta R2530 Replacement of Wading Pool in E.E. Mitchelson Park Recreational Infrastructure Fund (RInC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion, on 2009. a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above - mentioned Agreement (has /has not) been substantially completed as described in Schedule A, dated on the day of 20 . 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion date); Declared at 20 (Signature) b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. (city), in the Province of Ontario this day of Name: Witness Name: Title: Title: Page 84 of 84 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law 2002 -197, the Live Adult Businesses Bylaw. WHEREAS in November 2002, Niagara Falls Council passed the Live Adult Businesses Bylaw (the "By-law"), a licensing by -law; and WHEREAS the by -law grandfathered four (4) existing locations for adult entertainment parlours; and WHEREAS one of the four (4) permitted adult entertainment parlours was located at 5769 Feny Street; and WFIEREAS the licence under the By -law for 5769 Ferry Street expired at the end of December 2008; and WHEREAS the licence for 5769 Ferry Street was not applied for or renewed in 2009, as per the By- law; and WHEREAS section 2(5) of Schedule "A" of the By -law provides that if the licence for the adult entertainment parlour is allowed to expire, the designation of the property is repealed and issuing an adult entertainment licence for the location becomes prohibited; and WHEREAS based on section 2(5) of Schedule "A" of the By -law, the issuance of an adult entertainment licence is prohibited at 5769 Ferry Street; and WIIEREAS on November 2, 2009, Niagara Falls City Council passed a resolution that it was no longer in the public interest to have four (4) adult entertainment parlours in the municipality; and WHEREAS the failure of the adult entertainment parlour at 5769 Ferry indicates that the Niagara Falls market requires no more than three (3) adult entertainment parlours. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule A, section 2(1)(a) is hereby amended by deleting the word "four" and replacing it with the word "three ". 2. Schedule A, section 2(1)(b) is hereby amended by deleting the word "four" and replacing it with the word "three ". 3. Schedule A, section 2(2) is hereby amended by deleting the word "four" and replacing it with the word "three ". 8860 Lundy's Lane 8870 Lundy's Lane 5951 Main Street Passed this sixteenth day of November, 2009. First Reading: Second Reading: Third Reading: November 16, 2009. November 16, 2009. November 16, 2009. -2- Schedule A, section 2(4) is hereby amended deleting (1) 5769 Ferry Street. Schedule A, section 2(4) is hereby amended to read as follows: 6. These amendments take force and effect as of November 3, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law No. 79 -200, to guide the development of the Montrose Business Park on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. The Lands shall be identified as three parcels, known as Parcels EPA -848, PI -849 and PI- 850. 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted use of the Lands shall be: (a) For Parcel EPA -848, a recreational trail and associated structures and accessory uses (b) For Parcel P1-849: (i) Manufacturing, compounding, processing, packaging, crating, bottling, fabricating, finishing, repairing, assembling of raw or semi processed or fully processed materials and warehousing, provided that no such use is dangerous, obnoxious or offensive by reason of the presence, emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water carried waste (ii) Commercial printing and associated services establishment (iii) Factory outlet in accordance with section 10 of By -law No. 79 -200 (iv) Laboratory - experimenting, commercial or testing (v) Office (vi) Production and data processing establishment (vii) Wholesale establishment (viii) Accessory dwelling unit for caretaking /security personnel (ix) Accessory uses, accessory buildings and accessory structures (c) For Parcel PI -850: (i) The uses permitted by clause (b) of this section 6. The regulations governing the permitted use on Parcel EPA -848 shall be: No person shall permit any buildings or structures to be erected on the and or permit rubbish or other material to be placed or dumped on the land, nor shall the land be altered by placing or dumping or removing any soil, sand or gravel or regrading, except for those site works necessary for erosion protection and /or slope stability and a recreational trail and associated structures and accessory uses in accordance with a permit which has been issued by the Niagara Peninsula Conservation Authority 7. The regulations governing the permitted uses on Parcels PI -849 and PI -850 shall be: (a) All uses, except a trucking or shipping terminal, shall be conducted in a completely enclosed building (b) Any operation, or the use of any facility shall, through Federal and Provincial regulations, provide adequate protection to property, public health and welfare (c) (d) Minimum lot frontage 60 metres, plus an additional 20 metres for those lots abutting a road allowance which is adjacent to a Provincial highway (ii) Trucking or shipping terminal -2- No operation or facility shall operate if it is deteu lined by the City, Region or other Provincial or Federal body that such operation or facility is deemed to be hazardous, noxious or obnoxious, offensive by reason of presence, emission or production of odour, smoke, noise, gases, fumes, ash cinders, vibration, radiation, refuse material, water carried waste or emits other forms of contamination (e) Minimum lot area 7,000 square metres, plus an additional 3,000 square metres for those lots abutting a road allowance which is adjacent to a Provincial highway, inclusive of any reserve thereto (f) Maximum gross floor area 1 times lot area (g) Maximum front yard depth (h) Minimum interior side yard (i) Minimum exterior side yard 0) (k) (I) Minimum landscaped open space (m) Minimum rear yard depth A minimum landscaped open space strip shall be provided, at the width specified, along each and every lot line Maximum height of building (n) Parking and access (i) warehouse and wholesale establishment -3- 15 metres, plus an additional 5 metres for those front yards abutting a road allowance which is adjacent to a Provincial highway, inclusive of any reserve thereto l0 metres on one side and 5 metres on other side 15 metres, plus an additional 5 metres for those exterior side yards abutting a road allowance which is adjacent to a Provincial highway, inclusive of any reserve thereto 10 metres 6.0 metres along every front lot line, plus 5 metres along every side lot line and reserve thereto except for those parts required for sidewalks or driveways crossing said landscaped area, plus an additional 5 metres of landscaped open space for every front and side lot line abutting a road allowance which is adjacent to a Provincial highway, inclusive of any reserve thereto the provision for a minimum landscaped open space strip shall be complied with, however, a total minimum landscaped open space area of not less than 15% of the lot area shall be required to be provided, plus an additional 5% for those lots abutting a road allowance which is adjacent to a Provincial highway, inclusive of any reserve thereto none 1.1 spaces /100 square metres of gross floor area to 7,000 square metres of gross floor area or portion thereof 0.6 spaces /100 square metres of gross floor area over 7,000 square metres of gross floor area or portion thereof (ii) factory outlet (iii) office (iv) all other uses -4- 5 spaces /100 square metres of gross floor area or portion thereof 3.2 spaces /100 square metres of gross floor area or portion thereof 1.6 spaces /100 square metres of gross floor area to 2,000 square metres of gross floor area or portion thereof 1.1 spaces /100 square metres of gross floor area over 2,000 square metres to 10,000 square metres of gross floor area or portion thereof 0.6 spaces /100 square metres of gross floor area over 10,000 square metres of gross floor area or portion thereof (o) Maximum lot coverage not more than 50% of the lot area and not more than 40% for those lots which abut a road allowance adjacent to a Provincial highway, or reserve thereto (p) Minimum building size except not less than 2,000 square metres, or 4,000 for an accessory building and square metres for a building located on a lot accessory structure abutting a road allowance adjacent to a Provincial highway, or reserve thereto (q) Outside storage none permitted for those lots abutting a road allowance adjacent to a Provincial highway, or reserve thereto none permitted in any front yard or exterior side yard of any lot permitted only to be located in a rear yard or an interior side yard up to a maximum of 20% of the lot area, provided said storage area is fenced and totally screened so as not to be seen from any street or abutting property, and no storage shall exceed the height of such fenced storage area (r) Outside waste permitted only to be located in a rear yard or an interior side yard provided any one said refuse area shall not exceed 20 square metres in area and shall consist of a concrete 13. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.848 Refer to By -law No. 2009- 19.1.849 Refer to By -law No. 2009- 19.1.850 Refer to By -law No. 2009- 14. By -law No. 92 -123 is repealed and section 19.1.278 of By -law No. 79 -200 is deleted. Passed this sixteenth day of November, 2009. (s) Location of parking no person shall provide more than 15% of the total parking in any front yard and more than 20% in any exterior side yard (t) Maximum floor area of factory 25% of the gross floor area less any areas outlet devoted to warehousing and storage (u) The balance of regulations specified for a PI use 8. For the purposes of this by -law the following definition shall apply: "Production and data processing establishment" means a building or part thereof used for the production or reproduction of film, tape, digital media and records; data processing industries; and binding and related industries with similar impacts. 9. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this By -law shall be shown on Sheets B6 and B7 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from HL in part, and PI and numbered 278, in part, to EPA -848, in part, PI -849, in part, and PI -850, in part. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16, 2009 November 16, 2009 November 16, 2009 S:IZONMG\AMS1200918 Y -LA W S\Byam002A. wpd -5- surface which is fenced, walled or screened so as not to be seen from any street or abutting property SCHEDULE 1 TO BY -LAW No. 2009 Subject Lands K: \GIS_Requests \ 2009\ Schedules \ZoningAM\AM- 02 \mapping.map Amending Zoning By-law No 79 -200 Description: Pt Twp Lts 209 & 210 Stamford, being Parts 1 -16, 18 -20, 22 & 25 on 59- 13527, Parts 1 & 2 on 59R -12747 & Part 1 on 59R - 11330; Niagara Falls Applicant: City of Niagara Falls Assessment #s: 272511000200645; 272511000200650; 272511000200675; 272511000200615 N �!1 1:NTS AM- 2009 -002 February 2009 A by -law to authorize the payment of $43,661,762.61 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning October 1, 2009 to October 28, 2009. Passed this sixteenth day of November 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 16, 2.009 November 16, 2009 November 16, 2009 CITY OF NIAGARA FALLS By -law No. 2009 Passed this sixteenth day of November, 2009. First Reading: Second Reading: Third Reading: November 16, 2009 November 16, 2009 November 16, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of November, 2009, WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: The actions of the Council at its meeting held on the 16 day of November, 2009 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR