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2011/05/16ty Niagaraalls PRAYER: Mayor Diodati COUNCIL MEETING May 16, 2011 ADOPTION OF MINUTES: Council Minutes of April 18, 2011 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Provincial Champions Daval Hospice DEPUTATIONS/ PRESENTATIONS The Niagara Falls members of the Provincial Champion, St. Catharines Intermediate A Girls Hockey Team will be recognized by Council. The members are Katrina (Katie) Housser, Lauren Hamilton, Lauren MacKenzie and Cassandra DuPlessis, Coaches: Tim Housser, John Sykes, Peter Fedorovitch. Valerie Williams and Tracey Robertson, Executive Director will provide an update on the proposed hospice project and membership drive. Strabag Representatives from Strabag will provide an update on the tunnel project. Niagara District Airport Ruedi Suter, Chairman of the Niagara District Airport Committee will make a brief presentation to Council outlining the exciting developments taking place at the airport. Background Material: Recommendation Report: PD- 2011 -31 -AND- Public Meeting Telecommunication Facility Consultation 4536 Portage Road Altus Group on Behalf of Bell Mobility Background Material: Recommendation Report: PD- 2011 -32 -AND- Correspondence package from Atlus Group 2 PLANNING MATTERS Public Meeting Proposed City- Initiated Official Plan Amendment No. 94 Growth Plan Conformity Amendment Correspondence from Paletta International Corporation Correspondence from Bousfields Inc. Correspondence from Mark Stritzinger MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Elder Abuse Awareness - Request that the month of June be proclaimed as "Elder Abuse Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 2. March of Dimes Canada - Request that the week of May 29 - June 4 2011 be proclaimed as " National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 3 3. Niagara Shrine Club - Request that the week of June 6 - June 12' 2011 be proclaimed as "Shriners Week" and a flag raising be held on June 8 at 2 p.m. RECOMMENDATION: For the Approval of Council. 4. Spina Bifida & Hydrocephalus Association of Ontario - Request that the month of June be proclaimed as "Spina Bifida and Hydrocephalus Awareness Month" in the City of Niagara Falls. BUDGET RECOMMENDATION: For the Approval of Council Public Works Week - Request that the week of May 15, 2011 be proclaimed as "National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 6. Lundy's Lane BIA - Request that Council approve Tish DiBellonia as the 14' member of the Board. RECOMMENDATION: For the Approval of Council. 7 Celebrate Old Downtown - Request use of City Hall property and that the City provide a grant equal to the waiver of staff costs for road closure and midnight clean up crew for Springlicious. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 1. Chief Administrative Officer F- 2011 -22 2011 Capital Budget 2. Chief Administrative Officer F- 2011 -18 Low - Income Seniors' Water Rebate -4- RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS 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. CD- 2011 -09 - Adult Entertainment Committee Appeals F- 2011 -17 - Cancellation, Reduction or Refund of Taxes F- 2011 -19 - 2011 Reimbursable Mileage Two -Tier Rates MW- 2011 -16 - RFQ16 -2011 - Tree Trimming and Removal City Wide MW- 2011 -21 - Canadian General Standards Board Agreement MW- 2011 -24 - TenderT07 -2001- Supply, Service and Repair of Sanitary and Storm Sewers, Sewer Laterals, Watermains and Water Service PD- 2011 -30 - CB&FIG- 2011 -002, Commercial Building & Facade Improvement Grant Appication. Mariyan and Mike Pirker, Victoria Inn (581608 Ontario Ltd.) 4816 Bridget Street TS- 2011 -20 - Drummond Road Parking Review BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -55 A by -law to authorize the execution of an Agreement with Track Niagara respecting the Adopt- A- Street/ParkfTrail public service program for volunteers. 2011 -56 A by -law to authorize the execution of an Agreement with Meridian Credit Union and Forestview Public School respecting the Adopt- A- Street/Park/Trail public service program for volunteers. 2011 -57 5 A by -law to authorize the execution of an Agreement with Dr. Mohamed Abu Shahma dated April 6, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. 2011 -58 A by -law to provide for the adoption of Amendment No. 94 to the City of Niagara Falls Official Plan. (OPA No. 94) 2011 -59 A by -law to amend By -law No. 78 -66, being a by -law to designate the property known as the Spence Weaver Homestead, 6950 Dunn Street within the City of Niagara Falls, which aforesaid by -law deemed the property to be of cultural heritage value and interest. 2011 -60 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2011 -61 A by -law to provide for citizen appointments to certain Committees. 2011 -62 A by -law to hereby authorize the Mayor and City Clerk to execute a Canada - Ontario Municipal Rural Infrastructure Fund (COMRIF) Extension Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Agriculture, Food and Rural Affairs, and the Corporation of the City of Niagara Falls. 2011 -63 A by -law to provide for Council member appointments to certain Boards, Commissions and Committees. 2011 -64 A by -law to authorize the execution of an Agreement for the accreditation of the operating authority of municipal drinking water systems with Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board. 2011 -65 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of May, 2011. NEW BUSINESS Community Services Department Recreation and Culture Inter - Department Memorandum TO: Kristine Elia Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Monday, May 16, 2011 Ontario Women's Hockey Association 2011 Provincial Champions Niagara Falls Players - St. Catharines Intermediate A Girls Hockey Team The Niagara Falls members are as follows: Katrina (Katie) Housser Lauren Hamilton Lauren MacKenzie Cassandra DuPlessis Niagara alts DATE: May 16, 2011 After four years of playing and getting close to the Gold Medal. the Niagara Regional Team called the St. Catharines Intermediate A Girls Hockey Team won the Gold Medal in the Ontario Women's Association 2011 Provincial Championships. In early January 2011. the team won a hard fought battle against Hamilton to qualify for the Ontario Provincials. Once in the Provincials. they tied 3 -3 against London and went on to beat Clarington 2 -0. "then after beating Markham Stouville 4 -1 and being put in the top position. they fell back to second place due to penalty minutes. They played Mississauga and won 3 -2 to qualify for the final four. In 2010. they went seven periods of hockey and were sent to the Bronze Medal Game. They carne out victorious and won the Bronze Medal. but the Gold is what they wanted. During the final 201 1 games. they beat Sudbury 1 -0. then played against Windsor. After trailing 3 -0 by the eight minute mark in the second period and feeling like it was the Russians against the Canadians. they made a complete turnaround and scored three goals! The team stayed aggressive and continued shooting. skating and driving the net hard to score goal number 4. The packed arena was shocked. With two minutes remaining in the game. Windsor pulled their goalie and St. Catharines scored the empty setter to make it 5 -3 and then another goal for the Cinderella finish 6 -3. Congratulations to the players and coaches of the St. Catharines Intermediate A Girls Hockey Team - the 2011 Ontario Women's Hockey Association Provincial Champions! Coaches: Tim Housser, John Sykes, Peter Fedorovitch. cc. Dean Iorfida, Kathy Moldenhauer (`Documents and Settings di202'Local Settings "l emp'XPgrpv,ise`Mac 16. 2011 - Provincial Gold Medal team - St Catharines hrierm_ Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services (5/11/2011) Dean lorfida - Re: Request to Speak at Council Page 1 From: "Valerie Williams" <davalwil @cogeco.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 5/10/2011 9:33 AM Subject: Re: Request to Speak at Council Good to talk with you Dean Thank you for the opportunity to address council on Monday May 16th 2011 I will give a small talk on what my journey of learning; developing Daval Hospice for Niagara Falls, has ment to me. Tracey Robertson our Executive Director will discuss our immediate Membership Drive, further funding events and goals. Do you need a short bio? Sincerely Valerie Williams. Honoury Chair Thanks Dean Original Message From: Dean lorfida Date: 09/05/2011 4:25:26 PM To: davalwil @cogeco.ca; davalwilliams @cogeco.ca Subject: Request to Speak at Council Valerie: Always a pleasure to speak to you. Please drop me a quick email with your request and what you wish to speak on Dean lorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) Niagara Falls Review Page 1 of 1 THE NIAGARA FALLS REVIEW .41f: V.x'.c ^r :¢Y �Jia Ca'a f air, ON Membership drive in support of Daval Hospice Posted 4 days ago « Back Daval Hospice, it's a vision that Valerie Williams has been working toward for a number of years, and hopefully it will become a reality if enough people in the community get behind the project. A fundraiser and membership drive is now underway to make more people aware of the work that is being done by a small group of supporters. "We hope that not only our friends and family will want to get involved and become members of Daval Hospice, but we are also hoping that word gets out to the community of greater Niagara Falls." said Tracey Robertson. the group's executive director. "Over the next 12 months we will have a number of fundraising activities. We will have four signature events that we will be doing and we are also going to appeal to the community for anyone who wants to help us by doing car washes or motorcycle rallies or whatever," said Robertson. On Friday, the group held a luncheon at the Family Centre of the Morse & Son Funeral Home on Main St., and prepared to mail out more than 700 letters to people in the community to make them aware of the campaign. Williams, a retired nurse and midwife, has been working on this project for about three years. She believe every community should have a hospice because they provide a respectful and dignified place where people who are dying can spend time with their loved ones. She remembers the unconditional support that was given to her husband. David. of 55 years. After spending three nights in a busy, noisy hospital. he was transferred to a local residential hospice. "After five days surrounded by his loving family he died. The tender care he received in this warm, peaceful.. home -like setting was my inspiration for enlisting six friends in developing a vision for a hospice in Niagara Falls." said Williams. The group is now a newly registered Canadian charity and residents of Niagara Falls are invited to become members of their hospice and help fund programs to assist those affected by a terminal illness. A supporter of the group. Ernie Morgan, from Morse & Son Funeral Home, said the families that are experiencing loss need the kind of support that is found in this type of a facility. "Hopefully, one day we will have a facility here in Niagara Falls," said Morgan, noting its difficult to predict how long it might take. "There are a lot of steps along the way. I have a vision myself that it could be three to five years, but we will have to see how that goes. It will depend on the support we are able to garner from the community and the agencies." MPP Kim Craitor said he supports the project and knows the group will be successful with their plan. "I have seen the facility that is in St. Catharines and its just amazing. I will help in any way that I can." tricciuto@nfreview.com Copyright © 2011 Niagara Falls Review http://www.niagarafallsreviekk.ca/PrintArticle.aspx?e=3112786 5/1 1 /201 1 (5/11/2011) Dean lorfida - Strabag project presentation at Council Page 1 From: Carey Campbell To: Dean Iorfida CC: Geoff Holman; Selene Tudini Date: 4/29/2011 2:42 PM Subject: Strabag project presentation at Council Hi Dean: In light of Strabag's next phase of their project, they are having a "Breaking Through" ceremony on May 13th. In a discussion with Geoff Holman and then the mayor, we would like to invite Strabag to make a project presentation to City Council at an upcoming meeting. It would probably be most appropriate at the next meeting on May 16th, but I'm not sure how busy this meeting is with deputations. Would you please review the schedule and get back to me so we can connect with Strabag to invite them to do this? Thanks, carey Teresa Fabbro - RE: niagara District airport deputation request From: <ruedi ci herutex.com> To: "Dean lorfida" <diorfida c niagarafalls.ca> Date: 4/7/2011 12:13 PM Subject: RE: niagara District airport deputation request CC: "Janice Wing" < janice wing acogeco.ca> Hi Dean May 16th would be better because I'Id have more and better photos! Regards, Ruedi Suter Phone (1) 905-325-8473 ruedi @herutex.com www.herutex.com Original Message Subject: Re: niagara District airport deputation request From: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: Tue, April 05, 2011 4:14 pm To: "Janice Wing" <janice_wing @cogeco.ca >, " Ruedi Suter" <ruedi @herutex.com> Reudi: Council did cancel the May 2nd meeting. Do you want to come to the April 18th or May 16th meeting? Thanks Dean >>> Janice Wing <janice_wing @cogeco.ca> 3/19/2011 12:19 AM >» Hi Dean, NDAC Chairman Ruedi Suter has a presentation for the three supporting municipalities regarding the exciting developments at our airport. He would like to schedule a 10- minute deputation in May. Can you please advise him on which Council date would be best? Thanks! janice Page 1 of 1 file: / /C:ADocuments and Settings \tn206 \Local Settings\ Temp \XPgrpw - ise \4D9DAB60Domai... 5/9/201 1 NiagaraFalls May 16, 2011 CANADA REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Overview of the Amendment Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2011 -31 Proposed City- initiated Official Plan Amendment No. 94 Growth Plan Conformity Amendment PD- 2011 -31 That Council adopt Official Plan Amendment No. 94 and that this amendment be forwarded to Niagara Region for approval. Official Plan Amendment No. 94 (OPA No. 94) proposes policies that will bring the Official Plan into conformity with the Provincial Growth Plan for the Greater Golden Horseshoe and the Niagara Region's Growth Strategy, Niagara 2031. OPA No. 94 proposes policies that will accommodate the City's growth in population, households and employment through to 2031 by allowing for compatible intensification, a greater mix of housing and uses in greenfield areas and protecting employment lands. These policies are the result of an extensive public consultation process and have been refined as a result of the comments received. Council's concerns raised at the June, 2010 public meeting and the Council workshop of July 2010 have been addressed. Adoption of the amendment will assist in the implementation of several of Council strategic goals: A Well Planned City, Infrastructure Sustainability, Economic Vitality and Convenient, Accessible and Sustainable Transportation. Adoption of OPA No. 94 is listed as a specific Council priority under A Well Planned City. Adoption of the amendment also assists in the implementation of Infrastructure Sustainability, Economic Vitality and Convenient, Accessible and Sustainable Transportation. As Council is aware, the Province enacted the Growth Plan for the Greater Golden Horseshoe in June, 2006. In May, 2009, Niagara Region approved its growth management strategy, Niagara 2031, through Regional Policy Plan Amendment 2 -2009. This amendment is currently under appeal to the Ontario Municipal Board. These two documents, together with the City's Municipal Comprehensive Review (urbanMetrics, October, 2007) form the background for OPA No. 94. The basis of OPA No. 94 is to accommodate the forecasted growth in population, households and employment to 2031. Niagara Region, in Niagara 2031, allocated the following proportion of the region's growth to the City: May 16, 2011 • • • - 2 - PD- 2011 -31 a population increase of approximately 24,600 people; an increase of 10,245 households; and a growth in employment of 10,880 jobs of which approximately half will be in the tourism and accommodation sector. Staff have prepared the maps and policies of OPA No.94 to accommodate the forecasted growth. These are illustrated on Schedule A -2, the Urban Structure Plan shown below: THOROLD STONE ROAD DOWNTOWN NODE - Residential intensification will stimulate revitalization of the commercial sector Schedule A2 Urban Structure Plan LEGEND Go. • 10010 Aro tea. ka w. sw.r DAM N.s.wa rInclas w ONE.. EPA mA a.wr 9 Ear. war w t 01 QMEa.bnAN.Candor *aePNSe..m. n e e nr r p isw.a. the ...La amgnapoe Wens] OE In PANT gd DY Pin End w nx msse the pe0& 1 arAl u• 6e1TTWt ae.naC In SENA. A to U. min or as con.edw• pSd TAN mop m read . mnPaxnm — na polka. of Nt pan. to Transit Stator area PORTAGE ROAD DRUMMONDVILLE NODE - Residential intensification will stimulate revitalization of the commercial sector. BUILT UP AREA - 40% of housing starts by 2015 - Development through intensification, infill, re - use of under- MORRISON /DORCHESTER NODE - Intensification is an alternate form of development to assist in realization of approved commercial space. LUNDY'S LANE CORRIDOR GREENFIELDS Wdl accommodate up to 60% of annual housing starts. - Greater ma of housing, uses to meet Regional and Provincial targets. - Lands to develop through secondary plans QEW EMPLOYMENT CORRIDOR - Protected for uses that require QEW frontage and access. - Part of the implementation of the Gateway Economic Zone TAMFORD RETAIL NODE Intensification will bolster rusting core services and retail. DUNN STREET CORRIDOR BROWNFIELD EMPLOYMENT LAND Expanded range of uses permitted rough previous amendments. MCLEOD ROAD CORRIDOR GREENFIELDS - Will accommodate up to 60% of annual housing starts. - Greater mix of housing, uses to meet Regional and Provincial targets. - Lands to develop through secondary plans NiagaraJ'alle May 16, 2011 - 3 - PD- 2011 -31 The schedule divides the urban area of the City into two distinct areas: the existing or Built - up Area (white area) and the Greenfields (green). Built -up Area: The Built -up Area is the area of the city occupied by existing development and neighbourhoods. This is the area of intensification and redevelopment is to occur. Within the Built -up Area: Greenfields: Greenfields are the areas within the urban boundary that have yet to be developed. They are where the balance of the population and household growth will occur. 40% of all housing starts, on an annual basis, by 2015. Based on recent trends, this would equate to about 110 units per year. Intensification is to be concentrated in four nodes and intensification corridors. The nodes were chosen based on the following rationale: Downtown and Drummondville - both areas have under- utilized commercial space and are Community Improvement Areas. Residential intensification will stimulate revitalization of the commercial sector through investment and added market population. Stamford - residential intensification will assist in maintaining the core services and vitality of this commercial node. Morrison/Dorchester - residential intensification provides for an alternate form of development that will assist in the realization of approved and unbuilt commercial space. Intensification corridors are located on arterial roads which have characteristics such as developable land and access to transit as well as retail and commercial services, that lend themselves to have residential uses either introduced or expanded. Corridors include: Lundy's Lane - Victoria Avenue McLeod Road Dunn Street - Thorold Stone Road Portage Road In addition there are further opportunities to achieve intensification in the Built -up Area outside of the nodes and corridors. OPA No. 94 provides for policies to guide intensification in these instances. The final form of intensification includes policies to allow for secondary apartments in single detached houses. The policies require minimum standards (lot size, unit size, parking) be included through zoning amendment (either comprehensive or site specific) to address this Provincial interest. The projections anticipate a sure, steady growth over the next 20 years. Development will be phased with the southwest (Garner South) area proceeding first, followed by the Thundering Waters Secondary Plan (south of Oldfield Road) and Chippawa subsequently. Issues Resolution Public input • In excess of 4,200 landowners in total, within 120 m radius of each node and corridor were invited to an open house where proposed intensification policies were presented. • 4 open houses and 1 follow -up open house were held. • Staff sought consensus with the open house participants. May 16, 2011 - 4 - PD 2011 - 31 Employment Lands Policies require that secondary plans be prepared to provide more detailed policies on the location and type land uses as well as phasing. The Region has mandated that the City provide policies to generate 53 people and jobs per hectare. Thus, greenfields will have a greater mix of housing and higher densities than has previously been seen in the City together with employment opportunities. Part of OPA No. 94 is to ensure a supply of employment lands. Regional projections forecast a density of 30 jobs per hectare. Employment lands along the QEW (brown hatched area) are to be protected for uses that require QEW frontage and access. This is part of the implementation of the Gateway Economic Zone (GEZ) that is envisaged by the Growth Plan. Last year, Official Plan policies were adopted and the implementing zoning passed for the Brownfield Pilot Project Area (brown shaded area), to accommodate an expanded range of employment uses. Issues Identified by Council In June 2010, Planning staff brought before Council Official Plan Amendment No. 94 for adoption. Council deferred its decision on the amendment for a number of reasons: • to obtain public input by circulating all landowners within a 120 metre radius a each node and intensification corridor; • second dwelling units; • to clarify housing policies regarding the sale of municipally -owned lands; • unequal treatment of certain areas of the City: Downtown appeared to have a special status; • inconsistency in the group home definition; and • existing Commercial and Tourist Commercial policies appear to need updating. The following table illustrates how the issues have been addressed through the amendment: May 16, 2011 -5- PD-2011-31 Public Consultation A number of open houses, workshops and meetings were held in the preparation of the amendment. Most notably were the open houses regarding the nodes and corridors where in excess of 4,200 property owners were invited to attend the open houses. Many of the policies for the nodes and corridors were modified to respond to the public's input through this consultation process. While the policies are permissive, they are dependant on site specific applications being made and being vetted through the legislated planning process. Staff is satisfied with the results of the public consultation process and response. The following summarizes the public consultation process. • Comments received formed the basis upon which the policies and mapping were revised. Clarification of housing policies • Policies have been revised to provide Council with flexibility and discretion to dispose of surplus City lands. Unequal treatment of certain • Policies respecting Downtown and Drummondville areas of the City were reconciled for consistency. • Both Downtown and Drummondville are afforded similar opportunities. • Staff met with the Lundy's Lane BIA and received comments on the proposed policies. • Policies provide for alternatives so as to satisfy the disparate interests of the BIA members - both Tourist Commercial expansion and residential intensification are permitted. • The BIA representative did not express concerns with the policies. Existing Commercial and • Not required for Growth Plan conformity. Tourist Commercial policies • These policies will be reviewed and updated in appear to need updating the next phase of Official Plan amendments. Second dwelling units • The policies proposed are permissive and would allow for various alternatives ranging from in -law suites (which would allow for young home buyers to enter the market) to paving the way to recognizing illegal units. • Regulation of second dwelling units within single detached dwellings is a zoning issue. The zoning by -law can regulate in terms of size of unit, minimum lot area and frontage, parking and other pertinent standards. • Further review as part of the comprehensive zoning by -law review is recommended. • Bill 140 is in third reading within the Provincial Legislature and will require municipalities to include Official Plan policies to authorize second dwelling units. May 16, 2011 -5- PD-2011-31 Public Consultation A number of open houses, workshops and meetings were held in the preparation of the amendment. Most notably were the open houses regarding the nodes and corridors where in excess of 4,200 property owners were invited to attend the open houses. Many of the policies for the nodes and corridors were modified to respond to the public's input through this consultation process. While the policies are permissive, they are dependant on site specific applications being made and being vetted through the legislated planning process. Staff is satisfied with the results of the public consultation process and response. The following summarizes the public consultation process. May 16, 2011 - 6 - PD- 2011 -31 1. Public Open House — February 23, 2010 Notice in newspaper. Open house attended by approximately 15 people. 2. Stakeholder Workshop — February 25, 2010 Letters sent to builders, developers, lawyers, consultants and BIA's. Approximately 10 attended. 3. Notification of Public Meeting and Release of Draft Policies — April 27, 2010 Notice in newspaper. Letters sent to builders, developers, lawyers, consultants and BIA's. Separate Growth Management page created on City's website. 4. Public Meeting — June 14, 2010 Notice in newspaper. Meeting held with Lundy's Lane BIA (Director of Planning, Building and Development and Manager of Policy Planning in attendance.) 5. Council Workshop - July 12, 2010 6. Open Houses - November 10, 11, 18, 24, 25 Notices sent to all landowners within 120 metres of each node and intensification corridor. Approximately 120 people in total attended the open houses. Telephone discussions and meetings held with those who could not attend open houses. Draft policies and schedules posted on the Growth Management page of the City's website. 7. Follow -up Open House - February 16, 2011 Notices mailed to all attendees of previous open houses. Approximately 20 people attended. Revised policies and schedules posted on the Growth Management page of the City's website. 8. Public Meeting No. 2 - May 16, 2011 Notices mailed to all attendees of previous open houses, those who requested notice and placed in the newspaper. Proposed policies and schedules on the Growth Management page of the City's website. FINANCIAL IMPLICATIONS Development of existing urban land makes better use of existing infrastructure, transit and other public services. As such, OPA No. 94 will assist in the financial sustainability of the City. May 16, 2011 - 7 - PD- 2011 -31 CITY'S STRATEGIC PRIORITIES Adoption of OPA No. 94 is listed as a specific Council priority under A Well Planned City. Adoption of the amendment also assists in the implementation of Infrastructure Sustainability, Economic Vitality and Convenient, Accessible and Sustainable Transportation. LIST OF ATTACHMENTS ► None. (By - law to adopt OPA No. 94 is on the agenda.) Recommended by: Respectfully submitted: J.Barnsley/A.Herlovitch:gd Alex Herlovitch, Director of Planning, Building & Development S: \PDR \2011 \PD - 2011 -31, OPA No. 94, Growth Plan Conformity.wpd Kerb Todd, Chief Administrative Officer February 10, 2011 Mr, John Barnsley Manager of Policy Planning City of Niagara Falls Planning and Development Division 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr, Barnsley: PALETTA INTERNATIONAL CORPORATION y Planning Cfll:(� kOlf e T " 6"(— MAY 092011 PLANNING & E` /ELOPMENT Re: OPA 94 — Morrison / Dorchester Node We are writing in advance of the February 16 Public Open House where you will be presenting the recent updates to the draft OPA 94 policies, to bring to your attention several concerns we have with the proposed changes. We are the owner of the property located at 4825 Pettit Avenue, which is located within the Morrison / Dorchester Intensification Node, having submitted our development applications hack in early 2010. Upon reviewing the original draft Schedule A.2.(d) (Height Strategy plan), we were satisfied that it was consistent with our development application, and therefore raised no concerns, It has come to our attention however that draft Schedule A.2.(d) has just been amended, in doing so creating a significant conflict with our development application. We understand the rationale to keep the building heights along Cropp Street and Pettit Avenue consistent with the existing homes in the neighbourhood, and have no objection to maintaining a maximum 2 to 3 storey height along those frontages. The back portion of our property however, in behind the 2 to 3 storey houses, is expected to be developed as a combination of 4 to 6 storey condominium units, with the 6 storey units as far hack as possible from the existing residential properties, abutting the railway tracks. Whereas this complied with the original height strategy plan, the new plan would not allow this. The second conflict is with proposed policy 3.18.3.8, where it states "High density developments that are 6 storeys or more in height or exceed 50 units per hectare shall have direct access Onto an arterial road." As you are aware, neither Cropp Street or Pettit Avenue are arterial roads, and our development application has a density greater than 50 units per hectare, We would like to work with you to determine appropriate re- wording of this policy to meet both the needs of the City of Niagara Falls, while still allowing our development to proceed as planned. 4480 Paletta Court, Burlington, Ontario L7L 5R2 (905) 632 -6036 • Fax (905) 632 -0064 • Toronto (416) 366 -7316 www.paletta.ca 2 will be attending the Public Open House on February I6` and look forward to an opportunity to speak with you further about our concerns, with the expectation that we will be able to resolve our concerns to our mutual satisfaction. If necessary, we would be pleased to attend a separate meeting should the opportunity for discussion be limited at the Public Open House. Please feel free to contact us at (905) 632 -6036 if you wish to discuss our comments further. Yours truly, PAI4TTA IT T RNATIONAL CORPORATION Dave'itblado 9 BOUSFIELDS INC. May 11,2011 Mr. Alex Herlovitch Director of Planning City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Herlovitch: Re: City of Niagara Falls Comments on Draft Growth Plan Conformity Update - OPA 94 As you know, we are planning consultants for Hospitality Resorts Inc. with respect to their lands located on the west side of Kalar Road, north and south of Mountain Road, which are proposed to be developed as the "MONT ROSE At Niagara" proposal. We have reviewed the proposed draft OPA 94 and have the following comments on behalf of our client. Gateway Economic Zone Section 2 states that Schedule A -2 of draft OPA 94 "identifies the Gateway Economic Zone" as being within the Urban Area and having unique economic importance. In this respect, it appears from the language in Policy 8.8 that the lands identified as "QEW Employment Corridor" on Schedule A -2 may be the only lands intended to implement the "the Gateway Economic Zone" of the Growth Plan. However, this is not clear from Schedule A -2 or the text. If the lands shown as "QEW Employment Corridor" are indeed intended to be the "Gateway Economic Zone ", we submit that the identification of these lands as such should not preclude other strategically located lands from also being identified as part of the Gateway Economic Zone in Growth Plan terms. Specifically, we believe that lands located in northwest Niagara Falls, which are at strategic gateway location, may also be appropriately identified as part of the Gateway Economic Zone. Policy 2.10 — Expansions to the Urban Boundary This policy states that: "Expansions to the Urban Boundary shall only be considered in accordance with the Regional Policy Plan after successful completion of the ( \VP /( y� Project No. 0323 %l' 1j? RECEIVED 3 Church St., #200, Toronto, ON M5E 1M2 T 416 - 947 -9744 F 416- 947 -0781 www.bousfields.ca MAY 1 1 2011 PLANNING & tEVELOPMFNIT BOUSFIELDS INC. required Regional Comprehensive Review and subsequent Local Comprehensive Review which will occur no Tess than five years from the previous municipal comprehensive review ". Firstly, the terms "Regional Comprehensive Review" and "Local Comprehensive Review" contain initial capital letters indicating that they are intended to be defined terms, however there are no definitions proposed in the draft OPA 94. We request that the meaning of these terms be clarified. Secondly, the adopted Policy 4.6.2 of Regional Policy Plan 2 -2009 provides that a required municipal comprehensive review and any related municipally- initiated applications for settlement area expansions will be considered and evaluated by the Region "independent of the five year review cycle for the Region's Growth Management Strategy." The proposed OPA 94 Policy 2.10 does not carry forward the flexibility provided by the Regional policy. In our opinion, there is no policy basis for requiring a Local Comprehensive Review to occur no less than five years from a previous municipal comprehensive review. This would only serve to reduce the flexibility for the City of Niagara Falls to assess and appropriately accommodate growth. Land Needs Analysis As you know, we have provided the City with an analysis that identifies a shortfall in the low density residential housing category over the next 20 years. This analysis is now proposed to be peer reviewed in the context of the following resolution of City Council made on October 19, 2009: "1. That staff be directed to initiate an urban boundary expansion on behalf of the City, to include the MONT ROSE lands, and, 2. That the Region be requested to take such steps as are necessary to ensure that the Region's adopted official plan policies regarding urban area boundary expansions are not reversed by the Province." In this regard, we believe that the proposed draft OPA 94 be deferred as it applies to the Mont Rose lands until such time as the peer review has been completed and staff have initiated the urban boundary expansion referred to in the above resolution. 2 Thank you for your consideration of these comments. If you have any questions or wish to discuss this submission further, please do not hesitate to call me or Mike Bissett of our office. Yours truly, Bousfields Inc. Peter F. Smith, MCIP, RPP cc: Joe DiCosimo Don Wilson Ed Lustig 3 BOUSFIELDS INC. (11/16/2010) Dean lorfida - Re: Transporation Study - Growth Planning Conformity and Stamford Railway Line Page 1 From: Diane Stirtzinger < diane .stirtzinger032 @sympatico.ca> To: <barnsley©niagarafalls.ca> CC: "'Dean lorfida'" <diorfida©niagarafalls.ca> Date: 11/12/2010 10:58 PM Subject: Re: Transporation Study - Growth Planning Conformity and Stamford Railway Line Subject: Re: Transportation Study - Growth Planning Conformity and Stamford CN Railway Line To City of Niagara Falls officials: After reviewing portions of the City of Niagara Falls recent draft transportation study and official plan and I offer the following comments. The plans suggest the City pursue Railway Crossing Grade Separation. Why is there a Need? Traffic congestion is caused by inadequate road systems. The Studies refer to a 2007 Railway Crossing Environmental Assessment (EA) which was done by Matrix Innovation (a questionable consultant who went out of business during the incomplete study). As you know we residents appealed the 2007 Railway Crossing EA and would consider launching further appeals to the MOE and Federal Transport Minister under the Railway Safety Act. Some of us Petit Ave /Burdette Drive area residents may be forced to sell our homes at a loss, if the 2007 Railway Grade Separation EA (Morrison St overpass) is sent to a design stage. Building a bridge to RIOCAN is NOT the solution. There is NO true need to expend 15 million dollars or more, which the City cannot afford. As you know in 1993 the Region of Niagara and City of Niagara Falls eliminated the Portage Road overpass and replaced it with a level crossing. This was the wrong decision and bad planning at the time. A new grade separation structure should have been placed at Portage Road 17 years ago. This would have made common sense and would have been good planning. The best solution would be to remove all level crossings by rerouting the freight trains around Niagara Falls. I would be very surprised if CN Trains currently serve any businesses in Niagara Falls. Over the years the City of Niagara Falls has increased development density very close to various Railway Level Crossings. This continues to be a questionable policy and basically has eliminated the possibility of (11/16/2010) Dean lorfida - Re: Transporation Study - Growth Planning Conformity and Stamford Railway Line Page 2 constructing railway crossing overpasses, without significant negative /harmful impact on the surrounding residential /commercial lands. When the Walmart /Zehers /Home Depot Big Box Development was approved, it should have never been located on property between Optimist Park and CN Rail Line, which has only one main entrance to a Collector Road. In my opinion this was misguided Planning Now in 2010 a recent public meeting is held to consider increase development intensification near the Morrison St/Dorchester Rd Node. Again, this would be a misguided (bad) planning policy because of the Stamford CN Railway Line. This area should be developed with same or less intensity, unless the Stanford CN Railway line is completely removed. If the Riocan IGA/Zellars property (developed in 1967) is rezoned, I would like to see a maximum of 2 stories permitted adjacent to our 1 storey residential properties. I would like to see a proper set back and screening /noise buffer implemented and incorporated into any future zoning change by -law. Also, I would like to be involved in any future site plan process. On a personal note. I have been trying for years to have RIOCAN (absentee owner) create a proper screening buffer between my residential property and their commercial IGA/Zellars property. We residents have been putting up with parking lot sweeping (dust) /snow plowing at all hours of the night, garbage, idling buses and trucks and excessive pedestrian /vehicle traffic noise from the Riocan property for many years. When the City of Niagara Falls reviewed a previous site plan for the Riocan Property (sometime between 1990 and 2005), City staff should have forced the commercial owner to remove parking and create a proper landscaping /fence screening noise buffer. The City should have contacted adjacent property owners, when this site plan was submitted. We all have to live together and all property owners should be treated equally. I would request to speak at a future Council meeting and voice my opposition to the proposed Intensification Polices (Growth Plans) for the Morrison St/Dorchester Road Node (11/16/2010) Dean lorfida - Re: Transporation Study - Growth Planning Conformity and Stamford Railway Line Page 3 I appreciate you hearing my concerns and thank you. Sincerely, Mark Stirtzinger, CET 4687 Petit Avenue Niagara Falls, ON (905) 309 -2012 PD- 2011 -32 Niagara& lls May 16, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -32 Telecommunication Facility Consultation 4536 Portage Road Altus Group on Behalf of Bell Mobility RECOMMENDATION EXECUTIVE SUMMARY it is recommended th. Industry Canada be a . sed that the City of Niagara Falls has no obje on to the construc of a 40 metre monopo telecommunication tower and ground compou on the lands at - 6 Portage Road as su itted (Project No. BW34BB). That staff facilitate a meeting between the applicant, property owner and interested parties to facilitate a suitable location of the proposed tower and report back to Council. The proposal to erect a 40m (131') steel monopole tower on 4536 Portage Road can be supported based on the following: • the proposed location is within an industrial area well set back from existing non- industrial uses. BACKGROUND Proposal Altus Group is working on behalf of Bell Mobility to site a telecommunication facility to address coverage deficiencies along Drummond Road and Perkins Street area. A site to the rear of 4536 Portage Road has been identified as a proposed location for the 40m (131') monopole communications tower with a ground compound area of 36m Bell Mobility proposes to install 6 SC -E 6016 and 6 HBX- 6516DX -VTM antennas providing wireless voice and data services for Bell subscribers. The tower would be available for co- location sharing for the industry. May 16, 2011 Lai Far; +ew �.3,a gym. ;:ry ?' Location Map - 2 - PD- 2011 -32 Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns /issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. Analysis The telecommunication tower is proposed on lands that are both designated and zoned for industrial uses. The site is a vacant portion of 4536 Portage Road set well back from public roads between a rail line and the Hydro Canal (see Location Map). Adjacent land uses include a mix of industrial, commercial and institutional uses - St. Antoine Church and Elementary school to the south. May 16, 2011 - 3 - PD- 2011 -32 A notification package for the proposed tower was mailed out to property owners with 120m of the site as per Industry Canada's Consultation requirements (3 times the height of the tower) which includes the school property. In addition a notice was placed in the Niagara Falls Review on February 10 2011 regarding an Open House held on March 16 2011. Of the two attendees at the open house one objection to the tower was submitted. The written submissions of both attendees are attached for information. The objection to the placement of the tower was received from 2249510 Ontario Inc., property owners of 5800 Niagara Stone Road (Lubrizol Canada) who are requesting that the tower be placed 120m from their property line. In response, the tower proponents object to relocating citing that there is insufficient justification for the move. The tower appears to be located approximately 35m (115') south of the property limits of 5800 Niagara Stone Road. Relocating the tower further south will bring it closer to St. Antoine School. Consequently, it is the preference of Planning Staff that the tower remain in its proposed location, closer to industrial uses. The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. LIST OF ATTACHMENTS • Appendix 1 - Original flag pole design site plan drawing ► Appendix 2 - Correspondence package from Altus Group Recommended by: Respectfully submitted: F. Berardi:mb Attach. kLcv Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -32, Telecommunication Facility Consultation, 4536 Portage Rd, Bell Mobility.wpd Street Smart. March 18, 2011 Francesca Berardi City of Niagara Falls 4310 Queen St Niagara Falls, Ontario L2E 6X5 Dear Ms. Berardi APPENDIX 2 Altus Re: Public Consultation Summary / Request for a Statement of Concurrence - Proposed Telecommunications Tower — 4536 Portage Rd I am writing to follow -up on the public consultation that has taken place for our proposed telecommunications site referenced above. Bell Mobility is regulated and licensed by Industry Canada to provide inter - provincial wireless and data services. As a federal undertaking, Bell is required by Industry Canada to consult with land -use authorities in siting tower locations. The consultation process established under Industry Canada's authority is intended to allow the local land -use authorities the opportunity to address land -use concerns while respecting the federal government's exclusive jurisdiction in the siting and operation of wireless and data systems. The provisions of the Ontario Planning Act and other municipal by -laws and regulations do not apply to federal undertakings, Bell is however required to follow established and documented wireless protocols or processes set forth by land -use authorities. In instances where those established and documented processes do not exist, Bell must follow Industry Canada's Default Consultation Process :: CPC- 2 -0 -03 (Issue 4) which was previously supplied to the Township. In accordance with the City of Niagara's wireless protocol a circulation was undertaken with owners within three times the height of the tower ((40m x 3) = 120 metres) from the site as illustrated in the site information package supplied on March 4t 2011. In addition a noticed was placed in the Niagara Falls Review on February 10 2011 inviting comments and a Open House was held March 16 2011. Throughout the consultation process a response was received two people, Ms. Judith MacCarthy and Roman Hrycyshyn of 2249510 Ontario Inc. Judith had expressed that she is collecting information in preparation of a future public consultation with another carrier and inquired if the St. Antoine Elementary school had been notified. (Notification package was sent to the school). Mr.Hrycyshyn's expressed interest on locating the tower on his property then later objected after learning the location of the tower. Mr. Hrycyshyn's concern was that the tower would negatively impact his property. A copy of the correspondence between Judith and Bell c/o Altus Group and a letter of objection from Mr.Hrycyshyn is attached. Conclusion and Request for Concurrence Bell feels that the proposed site is well located to provide and improved wireless and data services in the targeted area. The proposed site is also situated and designed so as to have minimal impact on surrounding land uses. In order to conclude this landuse consultation and meet Industry Canada's requirements, Bell Mobility is requesting that the City of Niagara Falls issue a statement of concurrence. If you require further information about this matter, please feel free to contact me at anytime. Research, Valuation & Advisory Cost Consulting Realty Tax Consulting Geomatics 212 King Street West, Suite 400, Toronto, ON M5H 1K5 Canada T 416.204.1100 F 416.204.1200 Yours truly, ALTUS GROUP INFRASTRUCTURE A Division of Altus Group Limited Per: Duane Lovelace, CLO Associate, Municipal Consultation Site Acquisition 5800 Thorold Stone Road T: 905.358.5133 Niagara Falls, ON, Canada, L2l 1A2 F: 905.358.7248 March 7, 2011 Mr. Duane Lovelace Altus Group 212 King Street west, Suite 400 Toronto, Ontario M5H 1K5 Dear Mr. Lovelace: RE: Wireless Telecommunications Tower Site — Bell Mobility 4536 Portage Road - BW3488 We are in receipt of your Public Consultation package regarding the proposed tower referenced above. Further, as stated in your package and in accordance with Industry Canada's Guidelines CPC- 2 -0 -03, all public comments are to be submitted to your office by March 14th, 2011. We hereby formally object to the placement of the 40 meter tall tower. The immediate proximity to our property creates a significant, negative impact to our property. Yours truly, 2249510 ONTARIO INC. v � Per: Mark Michalkoff, President (4/27/2011) Francesca Berardi - Re: regarding the proposed Bell telecom tower - Niagara Falls, ON(BW3488) Page 1 From: Gerry and Judy MacCarthy < gerryandjudy @sympatico.ca> To: Comments AGI <comments.agi @altusgroup.com> Date: 3/4/2011 2:05 PM Subject: Re: regarding the proposed Bell telecom tower - Niagara Falls, ON(BW3488) Thank you, Duane: I will attend the open house on March 16th. Sincerely, Judith MacCarthy. On 3/4/2011 10:46 AM, Comments AGI wrote: > Hi Judith, > Thanks you for your comments and your expressed interest in the Bell Mobility Tower. I've provided answers to your questions below: > 1. There is an open house scheduled on March 16th, 2011 from 7pm -9pm located at 7150 Montrose, Coronation Centre room. > 2. The property is zoned as industrial > 3. Bell Mobility is always open to co- location. The proposed tower can accommodate an additional carrier or more. > 4. A notification package was sent to the Elementary school in February 2011. > Please let me know if you have anymore questions or if you wish for me to call you and we can discuss this further. > Regards, > Duane Lovelace, CLO > Associate, Municipal Consultation Site Acquisition, Cost Consulting& Project Management, Infrastructure, Altus Group > 212 King Street West, Suite 400, Toronto, ON M5H 1K5 Canada > T: 416.204.5141 ext F: 416.204.1200 > This message, and the documents attached hereto, are intended only for the addressee and may contain privileged or confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error, please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. > Original Message > From: Gerry and Judy MacCarthy [mailto :gerryandjudy @sympatico.ca] > Sent: Sunday, February 27, 2011 5:10 PM > To: Comments AGI; Francesca Berardi; Gerry and Judy MacCarthy > Subject: regarding the proposed Bell telecom tower - Niagara Falls, ON > Attention: Duane Lovelace. > I have read of the proposal for a Bell Mobility 40 m. > telecommunications monopole tower > to be situated at 4536 Portage Road, Niagara Falls, Ontario. > My questions /concerns are the following: > [1] When will a public meeting be scheduled? > [2] What is the zoning of the property at 4536 Portage Road? > [3] As the tower will be 40 m. in height, can it not be a co- location (4/27/2011) Francesca Berardi - Re: regarding the proposed Bell telecom tower - Niagara Falls, ON(BW3488) Page 2 > site? This would be a much more > efficient use. > [4] If St.Antoine's Church and Elementary School are outside the > notification area [3xs the tower height] > are you willing to notify these properties? > St.Antoine's Roman Catholic Church, 4570 Portage Road, > [1- 905 - 358 -5549] > E'cole Saint Antoine, 4572 Portage Road, [1- 905 - 356 -2522] > This correspondence is also going to Francesca Berardi, City of Niagara > Falls Planning Department. > Thank you for addressing my questions and concerns. > Sincerely, Judith MacCarthy, > 6139 Summer Street, > Niagara Falls, On L2G 7L3 > [1- 905 - 356 -7390] (4/21/2011) Francesca Berardi - RE: BW3488 - letter of objection Page 1 From: Duane Lovelace <duaneiovelace @altusgroup.com> To: Roman Hrycyshyn <roman.hrycyshyn@gmail.com> Date: 4/4/2011 3:49 PM Subject: RE: BW3488 - letter of objection CC: Hi Roman, Regards, Francesca Berardi <fberardi @niagarafalls.ca> Thank you for your response. Bell Mobility has considered your request however due to the arrangement with the current landowner we are unable to fulfill your request. As your concern is a valid one, we have not found any evidence that will support the claim of reduced property values. Your letter wasn't detailed as to what you meant by "negative impact ", so I'm left to assume you are talking about property values. Please correct me if I'm wrong. Currently the proposed tower is in an industrial location away from housing and residents, an ideal location for a tower. Please let me know if you have any other questions. Duane Lovelace, CLO Associate, Municipal Consultation Site Acquisition, Cost Consulting & Project Management, Infrastructure, Altus Group 212 King Street West, Suite 400, Toronto, ON M5H 1K5 Canada T: 416.204.1100 ext 2107 F: 416204.1200 M: 416.723.5937 This message, and the documents attached hereto, are intended only for the addressee and may contain privileged or confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error, please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. From: Roman Hrycyshyn [ mailto :roman.hrycyshyn©gmail.com] Sent: Thursday, March 10, 2011 6 :07 PM To: Comments AGI Subject: BW3488 - letter of objection Importance: High Dear Duane: I faxed Altus Group our objection to BW3488 on March 9, 2011. It was faxed to 416 204 -1200. I wanted to ensure you were privy to this and you also obtained a copy. In this regard, please find attached a copy of the same letter of objection. Yours truly, Per: Roman Hrycyshyn 2249510 Ontario Inc. (4/6/2011) Francesca Berardi - RE: BW3A - letter of objection From: "Roman Hrycyshyn" <roman.hrycyshyn @gmail.com> To: "'Duane Lovelace' <duane.lovelace @altusgroup.com> Date: 4/5/2011 9:54 PM Subject: RE: BW3488 - letter of objection CC: "'Francesca Berardi'" <fberardi @niagarafalls -ca> Good afternoon Duane, Very good to hear from you. Your e-mail to us, I believe, is a result of my conversation with the City Planning office not having received a written response from Altus Group to date. I hope this did not cause you any embarrassment. Firstly, for the record again, we do not want the tower on our property. Secondly, the proposed tower location is on a vacant parcel of land that is approximately 20 -30 acres in size. This is ample space yet the tower is situated in immediate proximity to our property. We submit that the tower be positioned a minimum of three to five times its height, which is at least 120 metres to 200 meters away from our property tine. Thirdly, without sufficient setback the large structure will negatively impact our use, enjoyment and value of our property. Lastly, if required, we will vigorously defend our rights and our position. Yours truly, 2249510 Ontario Inc. Per: Roman Hrycyshyn Ili ToKoNTo Parks, Forestry & Recreation Brenda Patterson, General Manager February 9, 2011 Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: Community Recreation North York Civic Centre 5100 Yonge Street, Lower Level Toronto, Ontario M2N 5V7 Richard Gosling Manager, Community Capacity Ruildinn Tel: (416) 395 -6475 The City of Toronto and Community Capacity Building recognizes June as "Elderly Abuse Awareness Month ", We take pride in again sponsoring the commencement of the various programs designed to increase public knowledge of events which are harmful to seniors. We wish to request that the City of Niagara Falls issue a proclamation declaring the Month of June, Elder Abuse Awareness Month. Thank you for you consideration herein. If you have any questions, please contact our office at 416 - 395 -6475. Sincerely, Richard Gosling Manager, Community Capacity Building F. 3343 Schrnon Parrc ‘,,ay Thoro d. ON L_d 430 ▪ Tslep. (305) 637 -8484 rc Fr:_,• ' Sa:, = -frais 5- 800-263 -474 ▪ (905; 665 -6651 WWW archetc3nes.ca Charitable. Registration No (BN) N d'a■rey d'wu;re de hienf. (NE) March 21 2011 Dear Accessibility Supporter: HIS F ELE CLERKS '1 1041 0405 1 rm MARCH LA MARCHE OF DIMES DES DIX SOUS • • CANADA DU CANADA National Access Awareness Week is May 29th -June 4, 2011 and promotes equal access and full participation of persons with disabilities in all aspects of community life. Ontario March of Dimes -South Region is continuing to recognize this important designation by hosting the "Breaking the Barrier" Awards Ceremony on Wednesday June lst, at 11 a.m. at the Market Square in St. Catharines. The award ceremony will pay tribute to local businesses, organizations and individuals for their contributions that resulted in the integration of persons with disabilities in our community. We would especially like to heighten the awareness of disability issues through exhibits that are educational and interactive. Examples of this can include educational handouts about specific disabilities, demonstrations of assistive devices or accessible programs. We will ask that you bring all necessary equipment for your display, (i.e. tables, chairs, etc.) by 10 a.m. There are electrical outlets available if needed. In addition, if you know an individual, organization or business in your community that is deserving of a "Breaking the Barrier" award, please complete the enclosed nomination form and return it to my attention by Friday April 29, 2011. Please feel free to copy and circulate this invitation to others who may wish to submit a nomination or join in the celebrations. I look forward to receiving your nomination, and if you plan to take part in our celebration with an organizational display, please R.S.V.P. to Crystal Theal at (905) 687 -8484 ext. 249. Sincerely, c- - Lorraine Nadeau, Chairperson National Access Awareness Week Committee Enc. Drle r . _, 37958 52 ^4 RP0001 - on'e ; C'c u,Dnorl'i.^-. MONITARIO IA MARCHE MARCH DES DIX SOU; OF DIMES LO TA IO Name of Nominee (individual /organization): Contact Person's Name (for business /organization): Mailing Address: City: Home Telephone Number: Work Telephone Number: 1. Please select the category in which the nominee furthered the integration and /or independence of persons with disabilities: Communication Education Employment Transportation Recreation Housing Tourism n Volunteer Work Commerce Other (please specify): City: 2. Please describe in detail the nature of the nominee's contribution towards integration and /or independence of persons with disabilities (e.g. role nominee has played in improving access or integration for persons with disabilities). Please attach your description on a separate page and include any supporting documentation to assist in determining your nominee's eligibility for an award. Name of Person Submitting this Nomination: Address: Home Telephone Number: Work Telephone Number: Signature: "Breaking the Barriers" Award Nomination Information Postal Code: Postal Code: Date: National Access Awareness Week May 29 - June 4, 2011 ONTARIO IA MARC HE. MARCH DES DIX SOUS �;; m [ONTARIO "BREAKING THE BARRIER" AWARDS National Access Awareness Week's mission statement is to challenge all Canadians to affect changes through community partnerships that result in equal access and full participation of persons with disabilities in all aspects of Canadian life. Ontario March of Dimes - South Region continues to highlight this important designation by hosting a "Breaking the Barrier" Awards Ceremony to pay tribute to local businesses, organizations and individuals for their contributions resulting in the integration of persons with disabilities in our community. A selection committee will choose up to 10 "Breaking the Barrier" award recipients from all nominations received. Past recipients of the "Breaking the Barrier" Awards have been people who have made their business barrier -free employers who have hired persons with disabilities, or volunteers who have devoted their lives to empower persons with disabilities to achieve independence. Additionally, the selection committee will award one recipient for each of the following from all nominations received: 1. "The Joe Dineley Commemorative Award ", sponsored by Dell -Lewis & KraII Home Health, awarded for exceptional leadership and commitment to furthering the integration and accessibility of persons with disabilities in the Niagara Community. 2. "AccessibleNiagara.com Award ", presented by Phoenix Counsel Inc. and Linda Crabtree, awarded for the exceptional provision of accessible tourism in the Niagara Community. 3. " The Volunteer Excellence Award ", created by Willy McLeod, awarded to an exceptional volunteer who facilitates the integration or accessibility of persons with disabilities. The award nominee should meet the following criteria: • Promotes the integration and /or independence of persons with disabilities in all aspects of community life through physical accessibility and /or social acceptance • Does not have a paid employment role, or educational requirement is to promote the independence or integration of persons with disabilities in the community. • Is community -based — residing or located within the Niagara Region If you know an individual, organization or business in your community that is deserving of such an award, please complete the attached nomination form with any supporting documents Friday April 29, 2011 to: The "Breaking the Barrier" Awards Nomination Committee Ontario March of Dimes 243 Church St. St. Catharines, ON L2R 3E8 Attention: Lorraine Nadeau, Chairperson Fax: (905) 687 -9522 or email : Inadeau National Access Awareness Week May 29 - June 4, 2011 February 28, 2011 City Clerk Mr_ Dean lorfida Niagara Falls City Hall 4310 Queen St; Niagara Falls, On L2E 6X5 Dear Sir, JUNE 9 - 12 NIAGARA SHRINE CLUB The Niagara Shrine Club requests a city proclamation declaring the week of June 6 through June 12 "Shriners Week". On Thursday June 8 at 2pm we have an opportunity to have our current Potentate and his Divan (officers) available at City Hall if we could arrange to have a Shiners flag raising ceremony along with the Mayor and any council members wishing to attend Starting on June 8 The Niagara Shrine Club tifl be hosting the Rameses Shriners Spring Ceremonial (Convention), one of two tames a year our new Shriners are welcomed into the Shrine fraternity - Expected attendance 3000 plus from Ontario., Quebec and our neighbouring states in the USA - 15 hotels in the city are being used for house the delegates, - Golf Tournament at the Niagara Parks Legends facility With luncheon at Betty's Restaurant_ - Ladies programme of Magic including luncheon in the Greg Frewin theatre_ - Crafters Marketplace opens to both Shrine members and public at the Shrine Club on North Street behind the hospital_ Friday. Saturday and Sunday - Large banquet in honour of the new Shriners at Club Italia - A parade Saturday starting at 1 pm lasting approximately one hour,, starting on Portage Rd and running down Fallsview Blvd to Ferry It will include the Niagara Shriner's float "the Maid of the Mist" a familiar sight to anyone who attends parades in the Niagara peninsula along with many other floats and bands from Canada and the USA. This will be the fourth time the ceremonial has been held in Niagara; appreciating what Niagara has to offer we are spreading the festivities through out the city. 5821 NORTH ST. NIAGARA FALLS, ON. L201.14 CANADA 905458-9110 dagarashrbeGcogeco.ca wwwtheanisrinedub.cons The Shrine is a great Fraternal Order, with an even greater charitable program the Shriners Hospitals' which has earned the title of "The Worlds Greatest Philanthropy ". The Shrine organization started as a fun order in 1872 and found its soul in 1921, on its way to bigger and better things. The organization has proven that it has the power to survive and the spirit to flourish and grow. About 35 children are helped through out the peninsula with transportation to the Shrine Hospital in Erie PA. or the Montreal Shrine Hospital by the three clubs. Shiners Hospitals are well known in North America for the phenomenal work they do. There are currently 22 Shrine Hospitals throughout North America, specializing in orthopaedic and bum treatment Children are eligible for care and receive all services in a family- centered environment, regardless of the patients" ability to pay. The Canadian Hospital is located in Montreal; there is also one in Mexico and 20 more throughout the USA. We believe the city will receive a direct economic impact of approximately 2.3 million dollars as a result of this gathering of Shriners. Your consideration to this request would be appreciated and we look forward to hearing a favourable response. Sincerely David Gillies Niagara Shrine Club Director General Rameses Spring Ceremonial Cc Mayor Diodati Richard Stokes Niagara Shrine Club Ambassador Emeritus SIH spin nOkre Spina Bifida & Hydrocephalus Association of Ontario HONOURARY PATRON Hon. David C. On'ev l-ie utenant Gove'rior of Jn a MEDICAL ADVISORY BOARD Chair Jaynes Drao?, SSE, MB. BC':, MSc. FRJSC. FACS Michael D. C'usirnano, YID, ' I -i °:_. FRCS. DARNS, P'n . FA CS Maureen Den .is, PhD Sandrine de Ribaupierre, :Ruth Ucnnel_ .. PnD. ✓. y %h. Miles G. Johnston, 31c, D Abhaya e' Yu carn_, AJ(J. PhD, iiiRri7SC Andrea ' 'Jeufe1d, SN1)5 RN y{ Ad!ianna Ranger, MD. FRCSC Iichael'iassilyadi, 51D, CM, 'd5" FPCSC. FAGS. PA.4 ..erta ap.,..r 555 Richmond Street '•f'est. R ,.. Bo>' Sure 1006, Toronto Ontanc MI`/ 3B1 T • KG-587- F 4' B -214- ,d46 orcaincialrBstiateC r r i.sbt - ao. rl. oa IGr - _ 9y" 'C RRY)B April 14, 2011 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, Sincerely, Thank you for considering this year's request. Joan Booth Executive Director Encl. L F 14 - G'.`.e � _ i 1l � �! ` We are requesting the City of Niagara Falls to consider proclaiming June, Spina Bifida and Hydrocephalus Awareness Month, in your region to help raise awareness of these life long, complex conditions. Enclosed please find a sample proclamation for your convenience. The Spina Bifida and Hydrocephalus Association of Ontario (SB &H), a registered charitable organization is proud of its 38 year history of delivering programs and services that improve the quality of life of children, youth and adults with spina bifida and /or hydrocephalus through research, awareness, care and advocacy. We are working to inform the public through our education campaigns. Folic Acid It's Never Too Early, an important message for all women of child bearing age and women in high risk groups. SB &H promotes the benefits of folic acid in reducing the incidence of neural tube defects, such as spina bifida, by as much as 70 %. Normal Pressure Hydrocephalus (NPH) a neurological condition that affects adults 55 and older. This little known form of hydrocephalus is often misdiagnosed as Alzheimer's or Parkinson's Disease. When NPH is detected early symptoms may be partially or fully reversed. WHEREAS WHEREAS WHEREAS WHEREAS Signature Date SAMPLE PROCLAMATION the Spina Bifida and Hydrocephalus Association of Ontario serves people with spina bifida and hydrocephalus, their families and the public; and Health Canada has proclaimed June as Spina Bifida and Hydrocephalus Awareness Month; and there are many people who are not aware of the Association or that it offers support, information and education programs and funds research to find ways to prevent and treat these conditions; and the Association encourages all Ontarians to learn more about these conditions and to appreciate the challenges faced by individuals affected by them, therefore BE IT RESOLVED That the City of Niagara Falls hereby proclaims the month of June to be SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH in the City of Niagara Falls and I urge all citizens to give full consideration and attention to the Spina Bifida and Hydrocephalus Association of Ontario for their work on behalf of those with spina bifida and hydrocephalus and their families. Niagarafal1s Whereas. public works services provided in our community are an integral part of our citizen's everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers. sidewalks. roads. bridges. parks. cemeteries. public buildings, and solid waste collection: and Whereas. the health. safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities. as well as their planning. design. and construction. is vitally dependent upon the efforts and skill of public works officials: and Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Now. therefore, I. James M. Diodati, Mayor of the City of Niagara Falls, do hereby proclaim the week of May 15, 2011 as in the City of Niagara Falls, Ontario. and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health. safety. comfort. and quality of life. Given under my hand and Seal of th City of Niagara Falls 2011 this 17` day of May. Mayor James M. Diodati City of Niagara Falls Office of the Mayor Proclamation "National Public Works Week" (5/11/2011) Dean lorfida - Fwd: Re: Lundy's Lane BIA Budget Page 1 From: To: Subject: Attachments: Dean Iorfida Fwd: Re: Lundy's Lane BIA Budget Agenda April 19, 2011 Board Meeting.docx »> "EXPRESSIONS ... FLOWERS AND GIFTS" <expressions@cogeco.ca> 4/19/2011 4:53 PM »> Thank you Dean! And thanks for your guidance yesterday as well! We had our meeting this morning ... attached is a copy of the agenda. 9 of our current 13 members were in attendance (Navin Shahani, Veena Shahani, Ross Barr, Len Cade, Tish DiBellonia, Lisa Smith, Hilary Sitlani, Paul Bongers, and myself. Also attending were Victor Ferraiuolo and Bev Cannon (our bookkeeper). Missing Board Members were Jay Malak (no regrets provided), Tony Vommero (emailed regrets ), Marge Ruddy (emailed regrets) and Janice Wing (no regrets provided). Page 3 of the attachment shows the form that was used for the purpose of chosing aperson to fill the 14th seat on the new Board of Dircetors. We then a vote with an outcome that was unanimous in favour of Tish DiBellonia being selected. I respectfully submit her name to complete the list of Board Members for the Lundy's Lane BIA. Does this choice need to be approved by Council? Thanks again for your help and support over the years! Fran Berry Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: May 16. 2011 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Springlicious Staff has received the annual request for a grant equal to waiver of staff- related costs (road closure and clean up crews). The costs in the past have been approximately S4500. Council has a fund for such expenditures. The total for 2011 is S8,000 To date Council has spent the following: Sun Life Charity Hockey Tournament Waiver of Ice Fees S825 KNOW it ALI, Niagara Waiver of Business Licence S150 RCAF/1 parade Staff costs S300 Fnbridge Ride to Conquer Cancer Waiver of Building permit fee 5450 RECOMMENDATION: For the Consideration of Council Working Together to Serve Our Community 7xv May 3` 2011 His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Your Worship and Members: 4691 Ontario Ave., Niagara Falls ON L2E 6S8 P: 905 - 356 -5444 F: 905 - 356 -5667 www.codnf.ca Celebrate Old Downtown Community Corp. is a not for profit organization created to promote the downtown core through events. Celebrate Old Downtown is planning a major event for the summer of 2011. The major event for this year will again be Springlicious, as it was the most successful event of the last three years attracting some 15,000 to 20,000 visitors to Queen Street. This year we are working with the Mayors Youth Committee and declaring Friday June 3 as teen night. We are requesting that the City of Niagara Falls declare this event on June 3rd, 4th and 5 2011 as a Community Festival. We would also like to request the following amenities from the City to help us keep our costs to a minimum to run this event: Street Closing We are requesting permission to close Queen Street from Erie Avenue to the Valleyway split and all side streets leading onto Queen Street within these boundaries. We would like the closure to commence Thursday June 2th at 6 p.m. through Monday June 6 at 12 p.m. thereby allowing enough time for set- up and teardown of the infrastructures for the event. We respectfully request that Council waive the costs of these street closures. Stages We would like to put a stage in the centennial park in front of City Hall that will be operating until 11:30 p.m. Friday June 3 Saturday June 4th and until 6:00 p.m. on Sunday June 5 provided that permission has been granted. To accommodate the stage, we are requesting the use of the hydro hook -ups in the City Hall courtyard to provide power to the equipment used by the entertainment, and request the noise by -law be extended from the 9:00 p.m. norm to 11:30 p.m. for the Friday and Saturday nights. No alcohol will be served in this area except in the licensed establishments in the immediate area and will only be operational from 11:00 a.m. to 11:30 p.m. 1 of 3 4691 Ontario Ave., Niagara Falls ON L2E 6S8 P: 905 - 356 -5444 F: 905 - 356 -5667 www.codnf.ca Cleaning Celebrate Old Downtown and the Springlicious committee would like to request that the City once again assign their midnight crew to help with the clean up after the event on the Friday, Saturday and Sunday nights. Washrooms There will be approximately 10 portable washrooms on site and several units will be handicap /childcare accessible. Some will be located in the city hall courtyard and others will be spread out throughout the event venue. There will be a contractor with a pumping truck on site throughout the event to maintain the units. Parking Permits During the event, vendors and event goers will be occupying all parking spaces on Queen Street and we respectfully request that the City waive any costs for metered parking spaces for the duration of the event. Please include the side street parking between Huron and Queen and Park and Queen. Health Regulations There will be numerous food vendors at this event as it is a food festival. All food vendors will have had to have submitted a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance Celebrate Old Downtown /BIA will have our own event insurance in place, in the amount of $5,000,000. Food Vendor Licensing Fees Celebrate Old Downtown would like to also request all food vendor fees be waived since this is an event to promote the Downtown core and as a not for profit organization we will be using any profits for the revitalization of the street. We are bringing in mainly Niagara based businesses to promote the street, and the city. We feel the fee will hamper their participation in our event. Fire Safety The event coordinators will meet with the Fire Department to discuss any of their concerns about the event, such as cooking, laneways, electrical and water lines. Emergency Access A minimum of 20 feet in width shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the occurrence of an emergency Queen Street will be open to the emergency vehicles. We will also provide volunteer staff at all intersection barricades should they need to be moved for emergency access. 2 Security There will be a private security company on site at all times; however, Niagara Regional Police presence is a requisite. As in the past we will meet with the NRP's community liaison officer and follow their requirements. Sincerely, oger Thompson Springlicious Committee, Chairman 4691 Ontario Ave., Niagara Falls ON L2E 6S8 P: 905 - 356 -5444 F: 905- 356 -5667 www.codnf.ca 3 of 3 Niagaraaalls REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -22 2011 Capital Projects Budget RECOMMENDATION That Council approve the 2011 Capital Projects Budget. EXECUTIVE SUMMARY F- 2011 -22 May 16, 2011 The proposed Capital Budget is a summary of the Council's reinvestment decisions in municipal assets. The 2011 Capital Budget is a compilation of all of the individual reinvestment projects and are identified on separate budget sheets for Council's consideration. Funding for the individual projects come from four sources. Funding can come from reserves established for specific projects, funding can come from third party funding, such as direct grants from other levels of government or contributions from fundraising efforts or funding can be allocated from the General Purpose and Utility Budgets. Lastly, funding can be derived from the issue of debt, however in this budget no new debentures are considered other than those previously approved by Council. As a result, project selection was limited to the first three sources of funding. The 2011 Budget is a transitional budget in that staff are completing significant investment projects funded by Federal and Provincial grants. Projects funded through the Infrastructure Stimulus Fund, Building Canada Fund and RINC funding will be completed in 2011. In addition, staff will complete projects underway and previously funded. Lastly, new investment projects were limited the to the funding available allocations from the 2011 Operating and Utility Budgets as well as the Federal Gas Tax Program. This budget is transitional in another manner. Building on the work completed in identifying and valuing municipal assets during the compliance process for the new accounting regulations in PSAB 3150, staff are preparing 10 year capital needs reports for all municipal responsibilities for the 2012 Budget. These reports will assist Council and staff in prioritizing future projects as well as establishing the appropriate level of funding required. This is consistent with the Council's strategic priority to develop to sustainable funding model for municipal infrastructure investments. May 16, 2011 - 2 - F- 2011 -22 BACKGROUND The 2011 Capital Budget provides Council with an outline of the projects that will be undertaken this year. The List of Projects contained within the budget, replace and enhance the City's Infrastructure across all of the city's municipal assets. The 2011 year is a year of transition for municipal staff as it relates to capital works. In years previous, significant funding programs through the upper levels of government have been available through the Infrastructure Canada program, the RINC Program and through separate agreements for the construction of the Convention centre. These funding programs elevated capital investment into municipal infrastructure. However, the projects related to these funding sources will be completed in 2011. As a result, the municipality has an opportunity to develop long term plans that identify and prioritize capital needs amongst all of the city's assets. Staff in each area are working on these plans and these will be available for the 2012 capital budget. Similar to prior years' capital budgets, each project has an individual project sheet identifying the estimated expenditures planned for this year and the funding sources available. For projects started in a prior period, the opening funding position is identified. Every project listed in the 2011 Capital Budget is fully funded. In addition, for multi -year projects, the estimated expenditures and funding in subsequent years is provided. Unlike in previous years, projects not scheduled to start in 2011 have not been included in the proposed budget but are shown in the addendum. Likewise, multi phase projects that can be segmented are shown as an individual phase. As a result, if a specific project's latter phase starts in 2012 or beyond, it is included in the addendum. ANALYSIS /RATIONALE The City's Capital Infrastructure is extensive and requires significant annual resources to enhance, improve and replace the various assets. Starting in 2009, PSAB 3150 requires that the Financial Statements identify the full asset values, including useful life and asset condition. This undertaking was significant for all municipal staff but has provided a significant resource to staff as we develop long term plans to replace the infrastructure. Staff amongst all divisions recognize that available funding for capital investment is limited to ability of City taxpayers and rate payers to fund and as a result staff is preparing 10 year capital needs for Council's review prior to 2012 Capital Budget. This process will ensure that all department needs are identified for Council's consideration as investment decisions are made. Similarly, a debt management plan is being prepared to facilitate the discussion on the use of debt in the future. 2011 Process The 2011 Capital Budget has been prepared based on available funding sources and without the use of new debt other than those projects previously approved. Funding Sources available are segmented into four broad categories. First funding, can come from reserves established for specific projects. Reserves of this nature include, development charge reserves, special purpose reserves or capital reserves for specific projects. The use of these sources are identified in the budget on individual sheets. A second source of funding is the issue of debentures upon completion of a project. As stated, no additional debt was considered in the preparation of this budget and proposed debt issues have been approved in previous years budget for the individual projects. Another source of funding is third party funding, such as direct grants from other levels of government or contributions from fundraising efforts. These projects generally represent partnership by the City with the third party to achieve successful completion of a capital infrastructure project. May 16, 2011 - 3 - F- 2011 -22 Lastly, the final source of funding available for projects in 2011 is the amounts received this year for capital initiatives. These include amounts allocated and approved in the General Purpose and Utility Budgets as well as the Federal Gas Tax rebate. The Provincial Transit Gas Tax has not been formally announced for 2011 and as such, the use of these funds in projects is contingent upon receiving the funds. In the preparation of this capital budget, Senior Staff in all departments were asked to put forward only those projects that were ready for action and were essential for 2011 since there was a recognition that long term planning and prioritization were forthcoming. There is a cross section of needs across departments that are addressed. As a result, staff is presenting this capital budget as the best use of the available funds. In some areas projects have been deferred due to the lack of available funds. The most significant of these is in the purchase of new busses to enhance municipal service. While there are two busses on order from 2010 that are to be delivered this year and one additional bus proposed for purchase in 2011 contingent upon receiving the provincial funding, the Transit Business Plan had suggested additional compliments to the fleet to enhance service delivery. This additional bus purchases are in the addendum and are not proposed at this time. FINANCIAL IMPLICATIONS The 2011 Capital Budget has been prepared based on the funding sources available for the projects. As stated, all projects presented in the Budget are fully funded from available sources. Projects that have the funding available from the approved 2011 Budgets and Federal Gas Tax is shown below: General Purposes Utility - Water Utility - Sewer Federal Gas Tax 2011 $ 4,492,505 4,100,000 4,245,000 2,560,946 $15,398,451 This level of contribution provides adequate funding for all projects put forth by municipal works for water, storm sewer, sanitary sewers and roads. The projects put forth by Municipal Works Department are the projects that are ready to be started in 2011. Additional needs were identified but these projects are not ready to move forward in 2011 and as a result are included in the addendum. Municipal Works projects have the benefit of utilizing funding from both Utility budgets as well as the General Purposes Budget and as a result these projects utilize the majority of the funds approved by Council in the Budget process. The other operational Departments, ( Fire, Parks, Recreation, Transit and Planning and Building) compete for the residual monies raised through the taxation budget. As stated, 10 year plans are being prepared to identify all departmental capital reinvestment needs so that the impacts on the taxation budget can be identified. May 16, 2011 Municipal Works 68.0% Parks 7.6% Recreation & Culture 6.0% Fire Services 5.8% Planning 4.7% Transit 3.5% Building 2.0% Transportation 2.0% 99.6% - 4 - F- 2011 -22 For 2011, the allocation of capital funding from the general purposes budget across departments is as follows: In addition, The Federal Gas Tax is a conditional grant provided by the upper level of government. The allowable expenditures are constrained to environmental infrastructure investments and to specific asset enhancements in municipal transit operations. The other operational Departments, ( Fire, Parks, Recreation, Planning and Building)competeforthe residual monies raised through the taxation budget. The funding for 2011 will be utilized as follows: Municipal Works 83% Transit 17% The ten years' capital needs plans being developed by all departments, will have an impact on the utilization of the available funds and the quantity of funds needed in future years. ATTACHMENTS Addendum - Future Projects to be considered Recommended by: Respectfully submitted: TH 0 Todd Harrison, Dire, or of Finance Ken To d, Chief Administrative Officer F- 2011 -22 Fire Services Municipal Works 2011 Capital Budget - Addendum Future Projects to be Considered The following listing of projects are being provided for consideration in the future. All projects will be prioritized in the departmental 10 year Capital needs reports: CEB Radio System at Station 6 Diesel Fumes Extraction System Station 1 Diesel Fumes Extraction System Station 6 Fire House Program Personal Protective Equipment (future years) Portable Emergency Power (future years) Renovations to Station 3 Replacement of Aerial 4 Replacement of Marine Unit 1 Replacement of Marine Unit 2 Replacement of Pumper 2 Replacement of Pumper 6 Replacement of Rescue 6 Roof Replacement of Station 2 Roof Replacement of Station 3 Self- Contained Breathing Apparatus (future years) Specialized Rescue Equipment (future years) Technical Rescue Equipment (future years) Thermal Imaging Camera (future years) Training Grounds Upgrades & Repairs (future years) Videoconferencing in Emergency Operations Centre Allendale Avenue - Ferry to Robinson Armoury Street & Fourth Avenue Watermain Replacement Asphalt Overlays Program Baldwin Mulhern Watermain Replacement Beaverdams Rd Storm & Watermain - Kalar to Lundy's Lane Beck Road Bridge Rehab Boyers Creek Drain Bridge Street Sewer & Watermain Bridgewater Street Watermain Brown Road EA - Kalar Road North to Garner Road North Brown Road EA - Montrose Road to Kalar Road Buckley Ave. Sewer Separation Catell Drive Sewer Chippawa Parkway (west of Pell) Culvert Replacement Chippawa Parkway (west of Stanley) Culvert Rehab City Wide Master Drainage Plan Clark Ave. Watermain Upgrades Cleveland Avenue Sewer Separation Cook Street Reconstruction Municipal Works cont'd Corwin Crescent Watermain Desson Buchanan Slater Storm Separation Dixon Cul de Sac Downtown CIP -Phase 3 Dunn Street Storm Erie Avenue Sewer Relocation - Queen to Park First Avenue Bridge Street to North Limit Flynn Court Reconstruction Forsythe St. North St. Storm Separation Fourth - Huron to Morrison Fourth - Maple to Huron Fruitbelt Parkway - Overlay Hamilton Street Reconstruction Hunters Drain Jepson Street Reconstruction Kalar Road - Lundy's Lane to Beaverdams - Final Phase Kalar Road EA - Beaverdams Road to Thorold Stone Road Kalar Road EA - Brown Road to Chippawa Parkway Kalar Road EA - McLeod Road to Brown Road Kalar Road Sanitary Phase 2 Lemon Road Bridge - Construction Level Avenue Sewer Separation Lewis - Center to Magdalen Lundy's Lane - Main to Drummond Maple Street - Third to Fourth Avenue Maranda Street Reconstruction Marineland Parkway - Sanitary and Watermain McBain SWM Pond Expansion- McLeod Road Improvement McKenney Road Bridge Rehab - Construction McLeod Road Watermain McLeod Road - Kalar to Pin Oak Drive - Construction McLeod Road EA - Kalar to Garner Road McRae Street Reconstruction - Phase 2 Overlay Mewburn Road - Land Acquisition Mewburn Road - Mountain to North Limit Mewburn Road - Scholfield to Mountain Road Mewburn Road Bridge - Construction Montrose Business Park - Construction Montrose Road Watermain Extension - McLeod to Kinmen New Sidewalks (future years) Niagara Falls Pollution Control Plan Niagara Falls Distribution Plan Oldfield Road - Drummond to Dorchester Road Oneida Lane Rehab Ort Road Culvert Replacement Reforestation & Naturalization (future years) Robinson Street - Main to Stanley Robinson Street - Stanley to Jolley Cut Second Avenue & Hamilton Street Reconstruction Second Avenue /First Avenue /Bridge Street - Overlay Spring Street Watermain Municipal Works cont'd Stanley Ave. (Somerville) Bridge Rehab - Construction Thorold Stone Road Extension Phase 1 Thundering Waters Condominium Servicing Vehicle Replacement (future years) Victoria Avenue Sanitary Sewer - Walnut to Bender Warren Woods Development - Phase 2 Whirlpool Road Bridge Rehab W illodell Road Bridge - Construction Willoughby Drive Bridge - Construction Parks A.G. Bridge Park Pathway - Construction Baden Powell Park Improvements (future years) Charnwood Park Montrose Road End Use Development Chippawa Boat Dock Deerfield Park Development Downtown Park Development Downtown Trail Phase (Victoria to Stanley) FH Leslie Park - Phase 2 Garner Recreation Trail - Phase 2 George Bukator Park Improvements Kalar Park - Paving Kalar Park Improvements Kalar Park Washroom - Additional Work Leash Free Dog Park Development - Second MacBain Community Centre Park Millennium Trail Section 3 Niagara Falls Lions Club Accessible Washroom Renovations Park Development and Maintenance Standards Park Playspace Replacement Program (future years) Park Woodlot Inventory and Assessment Project Prince Charles Park Wading Pool Conversion to Splash Pad St. Michael School Shared Use Recreation Facility Project Transportation Elizabeth Place Parking 2012 Parking Lot 2 Parking Lot 8 Pay & Display 1 Parking Lot 7 Transit Bus Stop Upgrades (future years) Transit Bus Stop Upgrades Transit Customer Connection Terminal (future years) Transit Facility Replacement Transit Farebox Upgrades Transit Growth Conventional Buses (future years) Transit Growth Conventional Buses Transit ITS (future years) Transit Replacement Pick up Truck Transit Replacement Specialized Buses (future years) Transit Replacement Supervisor Vehicle Transit Replacement Sweeper Vehicle Traffic Signal Rebuilds Recreation & Culture Chippawa Arena Floor Replacements Chippawa Arena Skate Tile Floor Replacement EE Mitchelson Park Pool Gale Centre - Rubber Flooring Gale Centre - Ice Resurfacer Gale Centre - Security Cameras Prince Charles Park Pool Liner Planning, Building & Development City Hall Upper Lobby Coronation Centre Solarium Battlefield School Property Hannan & Lundy's Lane Property Sylvia Place Market Redevelopment Transit Roof Repair Museums Lundy's Lane Museum Expansion - Phase 2 Lundy's Lane Museum Expansion - Phase 3 Information Systems AGL Cartegraph Implementation Service (future years) Microsoft Office 2010 (future years) Microsoft Windows 7 Updgrade (future years) Storage Area Network Additional Storage Upgrade REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Finance EXECUTIVE SUMMARY BACKGROUND Councillor Victor Pietrangelo, Chair and Members of the Municipal Council City of Niagara Falls, Ontario F- 2011 -18 Low Income Seniors' Water and Property Tax Rebate F- 2011 -18 NiagaraJalls May 16, 2011 1. That Council approve the annual 2011 Low Income Seniors' Water Rebate program. 2. That Council consider adopting a Low Income Property Tax Rebate of $40.00 per applicant. The Low Income Seniors' Water Rebate has been included in the City's water budget since 2004. The budget for 2011 is $80,000. Similar to last year, staff will take applications commencing July 1, 2011 with the application period ending October 31, 2011. Applications are available at City Hall or on -line. The Low Income Seniors' Property Tax Rebate was discontinued in 2009, however, Council requested that the program be considered in the 2011 Operating Budget. The estimated cost of the program was not included as a direct line expenditure but can be accommodated in the allowance for uncollectible taxes. Based on an estimated application rate of 650, the anticipated cost of the program is $26,000. If Council so directs, the application form can be modified to include both programs. In the determination of the 2011 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2011 year. This rebate provides qualifying seniors a rebate of $100. To qualify for this rebate, a senior must have a municipal water account with NPEI and be a recipient of the Guaranteed Income Supplement. The purpose of the grant is to offset some of the increases in water and wastewater charges. The City's Low Income Senior Property Rebate discontinued in 2009. At the time, the provincial government had enhanced the property tax relief available to seniors by initiating a new grant program to complement the existing credit. The new Provincial initiative , known as the Senior Homeowners Property Tax Grant provided all qualified seniors an amount up to $250 through the annual income tax filing process. This was an addition to the property tax credit that existed at the time from property tax relief. In 2010 and subsequent years the amount of the grant increase to $500. A summary of the potential relief is shown in Chart 1. During budget discussions, Council had indicated that it wished to consider reinstating the municipal property tax program to complement the water rebate. May 16, 2011 Qualified applicants for the Property Tax Grant would be any property owner who receives the federal Guaranteed Income Supplement, owns a primary resident in Niagara Falls and is a senior. City staff will take applications from seniors that may qualify starting June 1, 2011. Applications will be available in the Finance Department. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. FINANCIAL IMPLICATIONS The budget impacts of each program is different. The Low Income Senior's Water Rebate impacts the Municipal Utility Budget and the expenditure is included in the rates to all users. The budget expenditure approved for the 2011 Utility budget was $80,000. In 2010, the cost of the program was $64,500 ($63,150 in 2009 and $64,170 in 2008). Alternatively, the Low Income Property Tax Rebate impacts the General Purposes Budget. The grant program was not included as a direct line item expenditure in the approved 2011 budget. The approximate budget cost is $26,000 (650 applicants at $40) may be accommodated in the allowance for uncollectible taxes. ATTACHMENTS Chart 1 - Provincial Tax Relief - Typical Grant Amounts Recommended by: Respectfully submitted: - 2 - F 2011 - 18 ( Todd Harrison, Direc or of Finance Ken Todd, Chief Administrative Officer Income 2009 2010 and Subsequent Years New Seniors' Property Tax Grant Existing Property Tax Credit Total Tax Relief New Seniors' Property Tax Credit Exisiting Property Tax Credit Total Tax Relief $ 25,000 250 803 1,053 500 803 1,303 $ 30,000 250 642 892 500 642 1,142 $ 35,000 250 481 731 500 481 981 $ 40,000 250 320 570 500 320 820 $ 45,000 250 159 409 500 159 659 $ 50,000 167 0 167 334 0 334 $ 55,000 84 0 84 167 0 167 $ 60,000 0 0 0 0 0 0 Income 2009 2010 and Subsequent Years New Seniors' Property Tax Grant Existing Property Tax Credit Total Tax Relief New Seniors' Property Tax Credit Exisiting Property Tax Credit Total Tax Relief $ 20,000 250 825 1,075 500 825 1,325 $ 25,000 250 718 968 500 718 1,218 $ 30,000 250 540 790 500 540 1,040 $ 35,000 250 361 611 500 361 861 $ 40,000 167 183 350 334 183 517 $ 45,000 84 4 88 167 4 171 $ 50,000 0 0 0 0 0 0 F- 2011 -18 Chart 1 Typical Grant Amounts and Existing Property Tax Credits Single Seniors Paying $2,000 in Propert y Taxes Single Couples Paying $2,000 in Property Taxes NiagaraJalls May 16, 2011 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Clerks Department CD- 2011 -09 Adult Entertainment Committee Appeals CD- 2011 -09 That based on the recommendation of the Adult Entertainment Appeals Committee, the appeals be granted and the revocation of the adult entertainment licences be lifted. Any revocation, suspension or refusal of a business licence allows for an appeal process. Under the City's Live Adult Businesses By -law, a committee of Council has the authority to hear appeals and make recommendations to Council. Two such appeals were heard on May 2nd at City Hall as a result of the revocation of licences by the Issuer of Licences from the Police Services Board. The hearings followed the provisions of the Live Adult Businesses By -law. Upon conclusion of the evidence, the committee deliberated and their recommendations are contained in the recommendation report for Council's approval. City By -law 2002 -197 (the "By- law "), is a by -law that provides for the licensing, regulating, governing, classifying and inspecting of body -rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By -law 2002 -197 if an applicant is refused a licence or has their licence suspended they may appeal the decision of the Issuer of Licences. An existing licensee, who has their licence revoked, automatically receives a hearing before the committee of Council. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, be presented to Council. This report is a result of two appeals heard on May 2n at 2:30 p.m. in Committee Room #1, City Hall arising out of the revocation of adult entertainer's licenses by the Issuer of Licences from the Police Services Board. Notice of the hearing was posted on the Committee section of the City's website. May 16, 2011 ANALYSIS /RATIONALE Refusal of Licences - 2 - CD- 2011 -09 The Issuer of Licences from the Police Services Board issued a recommendation to revoke the licences of two (2) adult entertainers. In both cases, the two entertainers had been charged with assault - related crimes subsequent to being issued adult entertainment licences. In both cases, at the time of application for their respective licences, the adult entertainers had no criminal convictions or pending charges. The charges are still pending with court dates to still be scheduled or scheduled late in 2011. The Issuer of Licences recommended the revocation of licences under the following grounds under the By -law: 19(2)(b): the past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director, shareholder or officer of the corporation, if the applicant is a corporation, affords reasonable grounds for belief that the business in respect of which the application is made will not be carried on in accordance with the law and with integrity and honesty; 19(2)(g): the past or present conduct of the applicant or of anyone or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; The decision by the Issuer of Licences to recommend revocation without a formal conviction was based on section 22 of the by -law: 22. In deciding whether to grant, refuse, revoke or suspend a licence, or allow a licence to continue subject to conditions, the Council may receive relevant evidence of and act upon, the fact that one or more persons have been convicted of an offence, but may also consider and act upon evidence of conduct, whether or not prohibited by this By -law or any other law, or which could be the subject matter of a charge under this By -law or any other law, whether or not any charge or conviction may have resulted or may in the future result, from such conduct. Hearing In the first appeal heard by the Committee at the May 2n hearing, the Legal Counsel for the Issuer of Licences and the applicant agreed that the appeal be granted (i.e., revocation lifted) and the entertainer's licence be granted conditionally upon the entertainer not being convicted of the crimes for which the entertainer is currently charged. In the second appeal, the Legal Counsel for the Issuer of Licences submitted that the appeal be denied and the revocation remain based on the alleged severity of the assault. Legal Counsel argued that the applicant could reapply after the disposition of the criminal charges. The Committee's recommendation to grant the appeals and the revocation lifted is based on the following points, amongst others: ► Neither appellant has yet to be convicted of a crime. They have only been charged. May 16, 2011 ► The final disposition of the criminal charges may take many months. In both cases, the appellants will be pleading not guilty to the charges. ► Both entertainers have worked in the adult entertainment industry for many years without any previous incident. The one entertainer has been in the industry for fifteen (15) years, the other for nine (9) years. ► Both entertainers have dependents and it would be a hardship to deny them their livelihood while the charges wind theft way through the justice system. ► The nature of the criminal charges is serious, however, arguably the circumstances of both were related to domestic scenarios and had no relationship to the appellants' profession. ► As a result, there was not enough evidence to indicate that the applicants would endanger the health or safety, of one or more members of the public within the adult entertainment parlours, in which they ply their profession. ► If the charges result in convictions, the Issuer of Licences may recommend revocation at that time for a subsequent hearing before the committee. Based on the Committee's recommendation, Council can grant the appeal subject to conditions as per section 15(6)(b) of the By -law. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The hearing and recommendation report are in compliance with the provisions of the City's Live Adult Businesses By -law (2002 -197, as amended). Recommended by: Respectfully submitted: DI Dean Iorfida, C Clerk - 3 - CD 2011 - 09 Kerr Todd, Chief Administrative Officer NiagaraJalls May 16, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -17 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION F- 2011 -17 That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the first report for 2011. Adjustments totalling $131,702 are being recommended in this report with allocations to be made to City, Regional and School board revenue. In the 2011 General Purposes Budget, an allowance has been established for these expenditures. At this time the allowance provided in the General Purposes Budget is adequate to account for the City's proportionate share of approximately $46,095. BACKGROUND This report is the first report this year in relation to s.357 and s.358 reductions. ANALYSIS /RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. May 16, 2011 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The 2011 General Purposes Budget provides an allowance for tax write -offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff are recommending receive adjustments due to successful appeals. An amount of $131,702 in adjustments are listed. The City's approximate portion is $46,095 and has been accounted for in the 2011 General Purposes Budget. The balance of approximately $85,607 represents adjustments for the school boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: Respectfully submitted: TH /af - 2 - F- 2011 -17 Todd Harrison, Direct r of Finance Ke Todd, Chief Administrative Officer ppl. # Name and Address of Applicant Taxatio Year Reason for Application Reduction Amount 011 -: ' istoric ' iagara • eve opment nc 46: •ntano • ve, ' iagara a s, • 1 010 ' aze• •y ire, •emo ition or of erwise , .•8e. • 2010 -10 River Realty Development 1976 Inc in Trust PO Box 576 Stn Main, Niagara Falls, ON L2E 6V2 2009 Gross or manifest clerical error $1.577.10 2010 -1026 Lee, Jong Dae & Yoon. Hee 4827 Victoria Ave, Niagara Falls, ON L2E 4C4 2009 Damaged by fire, demolition or otherwise $1,224.57 2010 -102 Lee, Jong Dae & Yoon, Hee 4827 Victoria Ave, Niagara Falls, ON L2E 4C4 2010 Damaged by fire, demolition or otherwise $782.72 2010 -103 Corp of The City of Niagara Falls, City Hall 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $341.55 2010 -105 471791 Ontario Incorporated, 5631 Victoria Ave, Niagara Falls, ON L2G 3L5 2010 Damaged by fire, demolition or otherwise $1,017.44 2010 -19 2058299 Ontario Limited, 133 Maplecrete Rd, Unit 1, Concord, ON L4K 1A5 2010 Damaged by fire, demolition or otherwise $0.00 2010 -106 5343 Ferry St, 7737 Drummond Rd, Niagara Falls, ON L2G 4P9 2010 Damaged by fire, demolition or otherwise $52.82 2010 -22 1405217 Ontario Inc, 5481 Dunn St, Niagara Falls, ON L2G 2N6 2010 Damaged by fire, demolition or otherwise $25,808.95 2010 -107 Canop Inc, T/A Fallsview Inn, 6170 Stanley Ave, Niagara Falls. ON L2G 3Y4 2010 Damaged by fire, demolition or otherwise $0.00 2010 -24 820872 Ontario Limited, 52 Ayton Gres, Vaughan, ON L4L 7H8 2010 Damaged by fire, demolition or otherwise $0.00 2010 -26 Thorold Stone Commercial Properties Ltd, 4073 Lonqhurst Ave, Niagara Falls, ON L2E 6G5 2010 Damaged by fire, demolition or otherwise $699.16 2010 -28 Klein Building Company Limited, 6279 Huggins St, Niagara Falls, ON L2J 1 H2 2010 Ceased to be liable to be taxed at rate it was taxed $0.00 2010 -296 Kernaqhan, Raymond & Gisele, 7411 Scholfield Rd, Niagara Falls, ON L2J 4E5 2009 Gross or manifest clerical error $304.71 2010 -29 Kernaqhan, Raymond & Gisele, 7411 Scholfield Rd, Niagara Falls, ON L2J 4E5 2010 Gross or manifest clerical error $312.85 2010 -108 Marone, Antonio, 4956 Dorchester Rd, Niagara Falls, ON L2E 6P1 2010 Ceased to be liable to be taxed at rate it was taxed $0.00 2010 -30B Medici, Salvatore & Verre, Gregory, 5544 George St, Niagara Falls, ON L2E 3E2 2009 Ceased to be liable to be taxed at rate it was taxed $2,951.18 2010 -30 Medici, Salvatore & Verre, Gregory, 5544 George St, Niagara Falls, ON L2E 3E2 2010 Ceased to be liable to be taxed at rate it was taxed $2,848.03 2010 -110 Henler Invest Ltd Belmer Invstmts Ltd, 482 Ontario St, Ancaster, ON L9G 3E1 2010 Damaged by fire, demolition or otherwise $2,577.40 2010 -113 Searle, Nancy & Donald, 4533 Sixth Ave, Niagara Falls, ON L2E 4T2 2010 Ceased to be liable to be taxed at rate it was taxed $3,376.43 2010 -33 Gallardi, Christopher, 5662 Morse Ave, Niagara Falls, ON L2G 4G2 2010 Damaged by fire, demolition or otherwise $54.62 2010 -34 B & A Rental Properties, 3 Browns Point Cir, NOTL, ON LOS 1,10 2010 Damaged by fire, demolition or otherwise $720.70 2010 -35B Vecchio, Vincent & Teresa, 7105 York Dr, Niagara Falls, ON L2E 7A1 2009 Ceased to be liable to be taxed at rate it was taxed $574.05 2010 -35 Vecchio, Vincent & Teresa, 7105 York Dr, Niagara Falls, ON L2E 7A1 2010 Ceased to be liable to be taxed at rate it was taxed $638.18 2010 -114 Public Works Canada, Municipal Grants Division, 4900 Yonge St, Willowdale, ON M2N 6A6 2010 Ceased to be liable to be taxed at rate it was taxed $1,803.03 2010 -112 Gullia, Guiseppe & Bambara, Carmela, 5592 Robinson St, Niagara Falls, ON L2G 2A8 2010 Damaged by fire, demolition or otherwise $187.07 2010 -98B Terma Holdings Inc, 1701 Thorold Town Line, RR 2, Niagara Falls, ON L2E 6S5 2009 Ceased to be liable to be taxed at rate it was taxed $5,819.75 2010 -37B Nekoui -Yazdi, Parvaneh, 1306 Merrittville Hwy, RR 2, Welland, ON L3B 5N5 2009 Damaged by fire, demolition or otherwise $44.14 2010 -37 Nekoui -Yazdi, Parvaneh, 1306 Merrittville Hwy, RR 2, Welland, ON L3B 5N5 2010 Damaged by fire, demolition or otherwise $0.00 2010 -38B Nekoui -Yazdi, Parvaneh, 1306 Merrittville Hwy, RR 2, Welland, ON L38 5N5 2009 Damaged by fire, demolition or otherwise $20.78 2010 -38 Nekoui -Yazdi, Parvaneh, 1306 Merrittville Hwy, RR 2, Welland, ON L3B 5N5 2010 Damaged by fire, demolition or otherwise $0.00 2010 -39 Basile, George & Carmelina, 6382 Drummond Rd, Niagara Falls, ON L2G 4N3 2010 Ceased to be liable to be taxed at rate it was taxed $901.93 2010 -41 Nikolic, Dragan & Vera, 310 - 2 Valhalla Inn Rd, Toronto, ON M9B 6C3 2010 Damaged by fire, demolition or otherwise $567.13 2010 -115 Talaber, Violet Elisabeth, 6092 Carlton Ave, Niagara Falls, ON L2G 5J9 2008 Gross or manifest clerical error $1,426.47 2010 -42 Talaber, Violet Elisabeth, 6092 Carlton Ave, Niagara Falls, ON L2G 5J9 2009 Gross or manifest clerical error $1,445.35 2010 - 116 Talaber, Violet Elisabeth, 6092 Carlton Ave, Niagara Falls, ON L2G 5J9 2008 Gross or manifest clerical error - $480.66 2010 -43 Talaber, Violet Elisabeth, 6092 Carlton Ave, Niagara Falls, ON L2G 5J9 2009 Gross or manifest clerical error - $500.50 2010 -80 Niagara Falls City, c/o Boys & Girls Club, 6681 Culp St, Niagara Falls. ON L2G 2C5 2010 Became exempt $0.00 2010 -44 Pang, Ramona, 6975 McMillan Dr, Niagara Falls, ON L2G 2N3 2010 Repairs /renovations preventing normal use for a period of 3 months $0.00 2010 -45B Rossi, Maria, 7070 York Or Niagara Falls, ON L2E 7A3 2009 Damaged by fire, demolition or otherwise $0.00 2010 -45 Rossi, Maria, 7070 York Dr, Niagara Falls, ON L2E 7A3 2010 Damaged by fire, demolition or otherwise $0.00 2010 -47 Fugler, Glenn Alan, 10 - 4336 Kalar Rd, Niagara Falls, ON L2H 1S8 2008 Gross or manifest clerical error $0.00 2010 -51A Alliance Abrasive Wheel c/o Niag Artcraft Woodworking, 4417 Kent Ave, Niagara Falls, ON L2H 1J1 2008 Damaged by fire, demolition or otherwise $1.458.02 2010-5113 Alliance Abrasive Wheel c/o Niaq Artcraft Woodworking, 4417 Kent Ave, Niagara Falls. ON L2H 1J1 2009 Damaged by fire, demolition or otherwise $0.00 2010 -51 Alliance Abrasive Wheel c/o Niaq Artcraft Woodworking, 4417 Kent Ave, Niagara Falls, ON L2H 1J1 2010 Damaged by fire, demolition or otherwise $1,345.50 2010 -117 Aiello, Antonio, 7990 Woodbine St, Niagara Falls, ON L2H 1C7 2010 Damaged by fire, demolition or otherwise $151.16 2010 -57 Lundy's Lane Portfolio Inc, 3625 Dufferin St, Suite 500, Downsview. ON M3K 1 N4 2010 Damaged by fire, demolition or otherwise $0.00 2010 -60 Keays, Daniel Robert, 8427 Racey Ave, Niagara Falls, ON L2H 3M7 2009 Gross or manifest clerical error $359.47 2011 -17 Armenti. Addolorato, 9107 Hendershot Blvd. Niagara Falls, ON L2H 0E3 2010 Gross or manifest clerical error $2,597.47 2010 -62 Dosa Homes Coreoration, 7936 S.rin. Blossom Dr, Nia•ara Falls, ON L2H 3J3 2010 Dama•ed b fire, demolition or otherwise $0.00 2010 -67 River Realty Development 1976 Inc, PO Box 576, Niagara Falls, ON L2E 6V2 2010 Damaged by fire, demolition or otherwise $0.00 2009 -56 The Bethlehem Not -For- Profit Housing Projects of Niagara, 166 James St, St. Catharines, ON L2R 5C5 2009 Became exempt $0.00 2010 -1188 Moore, Kenneth, 5431 Hodgson Ave, Niagara Falls, ON L2H 1 N2 2009 Ceased to be liable to be taxed at rate it was taxed $5,384.36 2010 -118 Moore, Kenneth, 5431 Hodgson Ave, Niagara Falls, ON L2H 1 N2 2010 Ceased to be liable to be taxed at rate it was taxed $0.00 2010 -68B Digirolamo, Daniel & Shaeleen, 8835 Joseph Crt, Niagara Falls, ON L2H 3P1 2008 Gross or manifest clerical error $175.39 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region N IAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her /his records. Appl. # Name and Address of Applicant Taxatior Year Reason for Application Reduction Amount 2010 -68 Digirolamo, Daniel & Shaeleen, 8835 Joseph Crt, Niagara Falls, ON L2H 3P1 2009 2009 Gross or manifest clerical error Gross or manifest clerical error $703.96 $653.59 2010 -69 Panunto Brian & Rosanna 8829 Joseph Crt, Niagara Falls, ON L2H 3P1 2010 -70A Moutilika, Vasile & Lucia, 6303 Parkside Rd, Niagara Falls, ON L2H 092 2008 Gross or manifest clerical error $22.71 2010 -70B Moutilika, Vasile & Lucia, 6303 Parkside Rd, Niagara Falls, ON L2H OB2 2009 Gross or manifest clerical error $59.91 2010 -70 Moutilika, Vasile & Lucia, 6303 Parkside Rd, Niagara Falls, ON L2H OB2 2010 Gross or manifest clerical error $58.04 2010 -119 Zhenq, Jian Wei, 6519 Parkside Rd, Niagara Falls, ON L2H OB1 2010 Gross or manifest clerical error $342.40 2010 -95 Park Terrace Development Corp, c/o 800 Colonel Sam Dr, Oshawa, ON L1 H 8A9 2010 Damaged by fire, demolition or otherwise $1,803.77 2010 -96 Spence- Collee, Joan D M, 7863 Garner Rd, RR 2, Niagara Falls, ON L2E 6S5 2010 Damaged by fire, demolition or otherwise $11,068.30 $3,020.82 2010 -82 2124484 Ontario Ltd, 78 Hillhurst Blvd, Toronto, ON M5N 1 N6 2010 Ceased to be liable to be taxed at rate it was taxed 2010 -83 The Children's Aid Society of the Niagara Region, 82 Hanover Dr, St. Catharines, ON L2W 1A4 2010 Became exempt $0.00 2009 -72 Lebanese Muslim Society, 8333 Willoughby Dr, Niagara Falls, ON L2G 6X4 2009 Became exempt $8,716.22 2010 -100 Lebanese Muslim Society, 8333 Willoughby Dr, Niagara Falls, ON L2G 6X4 2010 Became exempt $16,757.34 2010 -122 Mcintosh, Thomas & Michelle, 4250 Front St, Niagara Falls, ON L2G 6G8 2009 Gross or manifest clerical error $5,556.20 2010 -93 Gale's Gas Bars Limited, 4388 Portage Rd, Niagara Falls, ON L2E 6A4 2010 Damaged by fire, demolition or otherwise $214 2010 -85 Regional Municipality of Niagara, 2201 St. David's Rd, PO Box 1042, Thorold, ON L2V 4T7 2010 Gross or manifest clerical error $0.00 2010 -94 Marchese, Brian Ernest, 3544 Strang Dr, Niagara Falls, ON L2G 6K4 2010 Razed by fire, demolition or otherwise $0 2010 -123 The Corporation of the City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $290.13 2010 -91 Wilson, Peter John, 5649 Sauer Rd, RR 3, Niagara Falls. ON L2E 6X6 2010 Ceased to be liable to be taxed at rate it was taxed $3,262.81 2010 -89 City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $191.35 2010 -97A R A G Rentals Limited, 4954 Union Rd, Beamsville, ON LOR 1 B4 2008 Ceased to be liable to be taxed at rate it was taxed $1,299.03 2010 -97B R A G Rentals Limited, 4954 Union Rd, Beamsville, ON LOR 184 2009 Ceased to be liable to be taxed at rate it was taxed $2,297.35 2011 -21 Kit, Lois & Kit -Mete, Dianna, c/o Dianna Kit -Mete, 18 Pinehurst Dr, Welland, ON L3C 3J1 2010 Became exempt $1,754.21 2010 -124 Niagara Falls City, 4310 Queen St. PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $276.33 2010 -125 The Corporation of the City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $276.33 2010 -126 The Corporation of the City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $276.33 2010 -127 The Corporation of the City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $276.33 2010 -128 The Corporation of the City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2010 Became exempt $276.33 $131,702.28 Approved this 16th day of May, 2011 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in acco dance with her /his records. Report No. F- 2011 -17 Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance F- 2011 -19 2011 Reimbursable Milage Two -Tier Rates F- 2011 -19 May 16, 2011 That the City adopt the Canada Revenue Agency's (CRA) rate structure for reimbursable mileage for employees and that the rate structure be automatically adjusted as this rate guideline is amended. That effective immediately, the reimbursable mileage rate be increased to $0.52 per kilometre (from $0.50) for the first 5,000 kilometres driven and $0.46 (from $0.44) per kilometre for all kilometres above 5,000 kilometres. The City's mileage rates for reimbursing employees using their own vehicles while conducting City business has been the same since 2007. Staff have reviewed the rates approved by the Canada Revenue Agency (CRA) as well as those provided by local municipalities. In majority of the cases, municipalities are using the CRA rates. Further, staff believe that the CRA rates provide an objective guideline for rate setting and recommend that the CRA rate be used. As a result, reimbursable rates will be altered bases on CRA announcements. As a result of this review, the rates will be increased to $0.52 per kilometre (from $0.50) for the first 5,000 kilometres driven and increased to $0.46 per kilometre (from $0.44) for all kilometres above 5,000. In some circumstances, City employees are required to utilize person vehicles for City business. This practice is consistent with many organizations. To compensate staff for the operating costs incurred, the City has an established rate per kilometre that is reimbursed to staff. The current reimbursable rates have not changed since 2007. In 2007, a two -tier rate was established for a reimbursement of staffs mileage in conducting City business with their own vehicles. The two tier rate structure is consistent with CRA's rules and is compliant with the Agency's employee taxable benefit rules and is reflective of costs of operating a vehicle. May 16, 2011 In addition, using rates provided by the Canada Revenue Agency effectively transfers the control over rate - setting to the federal level of government. Staff believe that a third party guideline is the most effective mechanism to adjust rates in the future. Attached is a summary of the CRA rate structure and Regional municipalities. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Staff recommend increasing the reimbursement provision to that of the CRA guidelines, which is consistent with other municipalities reimbursement rates. The cost impact on expenditures will be minimal and has been considered in the development of the 2011 Operating and Utility Budget. LIST OF ATTACHMENTS Survey results of area municipalities' mileage rates Recommended by: Respectfully submitted: TH - 2 - F- 2011 -19 Todd Harrison, Director of` Finance Ken To. d, Chief Administrative Officer MUNICIPALITY 2011 MILEAGE RATE per KM CANADIAN REVENUE AGENCY $ .52 for first 5,000 km, $.46 after that REGION $ .52 for first 5,000 km, $.46 after that FORT ERIE $ .52 for first 5,000 km, $.46 after that ST CATHARINES $ .52 for first 5,000 km, $.46 after that THOROLD $ .52 for first 5,000 km, $.46 after that WAINFLEET $ .52 for first 5,000 km, $.46 after that WELLAND $ 0.52 /km WEST LINCOLN $ .52 for first 5,000 km, $.46 after that GRIMSBY $ .52 for first 5,000 km, $.46 after that NIAGARA -ON- THE -LAKE $0.52/km PELHAM $0.52/km ORILLIA $0.48/km KINGSTON 0.46 /km PORT COLBORNE 0.46 /km LINCOLN 0.46 /km F- 2011 -19 /3.1/4 NiagaraigI1s REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2011 -16 RFQ #Q16 -2011 Tree Trimming and Removals City -Wide RECOMMENDATION 1 The service for tree trimming for a three year period be awarded to 2187989 Ontario Incorporated o/a Shorthills Tree Service per the quoted price of; EXECUTIVE SUMMARY BACKGROUND $100 per hour for the period ending March 31, 2012, $105 per hour from April 1, 2012 to March 31, 2013, $110 per hour from April 1, 2013 to March 31, 2014. MW- 2011 -16 May 16, 2011 This contract is for tree trimming and tree removals on an "as required" basis for a three year period at various locations within the City of Niagara Falls. The contract is for a three year period for any work or service for tree trimming and tree removals, commencing April 1, 2011 and finishing March 31, 2014. The successful contractor will be called upon for approximately fifteen (15) weeks per year in situations such as; storm events, backlog of regular scheduled work and work around high tension power Tines which the contractor is certified. This contractor has performed similar type projects for surrounding municipalities. Upon meeting with the Contractor and Niagara Peninsula Energy staff we are of the opinion, that this contractor is capable of successfully undertaking this project. The Tender Opening Committee, in the presence of the Tony Giacobetti, Forestry Supervisor, opened tenders at 2:00 p.m. on Thursday, March 24, 2011 for the above noted contract. Tender documents were picked up by four (4) Contractors and four (4) bids were received. Company City Year 1 Year 2 Year 3 Apr. 1, 2011 to Mar. 31. 2012 Apr. 1, 2012 to Mar. 31, 2013 Apr. 1, 2013 to Mar. 31, 2014 1. Shorthills Tree Service Welland, ON $100.00 per hour $105.00 per hour $110.00 per hour 2. Pineridge Tree Services St. Catharines, ON $105.00 per hour $108.00 per hour $110.00 per hour 3. Davey Tree Expert Co. of Canada Welland, ON $113.36 per hour $115.63 per hour $117.94 per hour 4. Freland Tree Services Inc. Elmira, ON $145.00 per hour $145.00 per hour $150.00 per hour May 16, 2011 Listed below is a summary of the tendered prices, excluding HST, received from the Contractors. The successful contractor will be called upon in storm situations, backlog of regular scheduled work and are certified to work around high tension power lines. This contractor has performed similar type projects for surrounding municipalities. Upon meeting with the Contractor and Niagara Peninsula Energy staff we are of the opinion, that this contractor is capable of successfully undertaking this project. FINANCIAL IMPLICATIONS This is an ongoing program in the 2011 Forestry Budget, which has approximately $114,450 set aside for various trimming, spading, stumping activities on an as needed basis. The City's purchasing policy requires Council authorization for any purchases over $100,000. CITY'S STRATEGIC COMMITMENT Implementation of this Contract meets the intent of Council's Strategic Priorities to continue to monitor and improve the efficiency of the organization. ATTACHMENTS None Recommended by: Respectfully submitted: G. Holman -2- Geoff Holman, Director of Municipal Works MW- 2011 -16 Ken Todd, Chief Administrative Officer y 1/4 NiagaraagIIs REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That the Mayor and Clerk be authorized to sign an agreement with the Canadian General Standards Board governing the City's Drinking Water Quality Management System (DWQMS), as listed under the By -law section of the agenda. EXECUTIVE SUMMARY In accordance with the Safe Drinking WaterAct, 2002, each municipality must submit their drinking water quality management system to the Canadian General Standards Board for auditing and accreditation. The City has entered a new audit cycle, therefore a new agreement between the City and the Canadian General Standards Board must be signed. BACKGROUND Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, ON Municipal Works MW- 2011 -21 Canadian General Standards Board Agreement MW- 2011 -21 May 16, 2011 The Safe Drinking Water Act, 2002 requires each municipality in the Province to have a functioning and accredited drinking water quality management system. The Ministry of the Environment contracted the Canadian General Standards Board as the accreditation body of the drinking water quality management system. In September 2009, Council authorized the Mayor and Clerk to sign an agreement between the City and the Canadian General Standards Board. This agreement allowed the City to enter into the accreditation process, the with goal of reaching full accreditation. In the time since the first agreement, the City has progressed through the accreditation process, receiving a letter recommending full accreditation. Full accreditation requires a new audit cycle, which would be beyond the time frame of the original agreement. With the signing of this agreement, the City will enter a 3 year audit cycle with the Canadian General Standards Board, this cycle consists of two off-site surveillance audits in years 1 and 2, followed by an on -site verification audit in the 3 year of the agreement. LEGAL IMPLICATIONS If the agreement was not signed, the City would not be eligible for accreditation from the Canadian General Standards Board, causing the City to violate the Safe Drinking Water Act, 2002. May 16, 2011 CITY'S STRATEGIC COMMITMENT -2- MW- 2011 -21 This recommendation is consistent with Council's strategic commitment to infrastructure sustainability, customer service excellence and organizational efficiency and effectiveness. Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. ATTACHMENTS 1. Accreditation Letter of Offer - Niagara Falls Recommended by: Respectfully submitted: J. Sticca Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer Government of Canada Canadian General Standards Board Place du Portage III - 6B1 Hull. Quebec K1A 1G6 Dear Mr. James Sticca Yours sincerely, Canada Gouvernement du Canada Office des normes generates du Canada Place du Portage III - 6B1 Hull (Quebec) K1A 1G6 Date: April 15, 2011 File No.: OAP -068 The Corporation of the City of Niagara Falls 6410 Queen St. Niagara Falls, ON L2E 6X5 On behalf of the Canadian General Standards Board (CGSB), I am pleased to inform you that The Corporation of the City of Niagara Falls has been successful in meeting the requirements of Ontario's Drinking Water Quality Management Standard to the satisfaction of the CGSB Accreditation Program for Operating Authorities. This notification is to inform you that we are formally awarding you a Full Scope - Entire accreditation. This is a substantial accomplishment, and one that should make your employees, your management team and your community proud. By achieving accreditation, you have demonstrated that you have an operational and effective drinking water quality management system. You also demonstrate leadership in an area affecting the lives of many people. On behalf of the CGSB, please accept my most sincere congratulations. If you have not already received your certificate(s) and related materials, they will be sent to you shortly. In addition, we will add your system(s) to the list that we maintain and display on our Web site of Accredited Operating Authorities. We look forward to working in partnership with you in the future. Daniel Lamothe A/ Team Leader Canadian General Standards Board Experience et excellence Experience and excellence OIVGC CGc B %/r Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, ON Municipal Works MW -2011- 24 Tender T07 -2011 for Primary and Secondary Contractors for Supply, Service and Repair of Sanitary Sewer Mains, Storm Sewers, Sewer Laterals, Water Mains and Water Service That Council award contracts for 2011 -2013, to: 1. O'Hara Trucking and Excavating Inc. as the primary contractor, and 2. Alfidome Construction Limited as the secondary contractor, and that: 3. The Mayor and Clerk be authorized to execute the necessary agreements. MW- 2011 -24 May 16, 2011 In the presence of the Manager of Supplies and Services, tenders for the Supply, Service and Repair of Sanitary Sewer Mains, Storm Sewers, Sewer Laterals, Water Mains and Water Service were opened on Thursday, April 28, 2011. Tenders issued were for a two - year period. Staff has identified the need of a "primary" and "secondary" contractor, in the supposition that we may require more than one crew at the same time. Bidders were advised that they could not be both primary and secondary contractors in the award of this tender. Tenderers were requested to submit unit prices for hourly rates and /or daily rates for manpower, and equipment. The majority of materials will be supplied by the City. ANALYSIS AND RATIONALE Environmental Services utilizes the services of contractors for work that is beyond the scope of in house staff. These are jobs that may require dig depths of over ten feet (10') which the City's equipment cannot safely accommodate, or when existing staff are fully occupied on emergency work of their own. May 16, 2011 FINANCIAL /LEGAL IMPLICATIONS Four bids (4) bids were received for contracts T07 -2011. Bid evaluation was based on an eight hour job, with a six -man crew, including a backhoe and, excavator(s) with a compactor attachment, tri -axle truck, supervisor, service vehicle, trench box, traffic protection plan, and overhead. Unit prices were submitted based on an hourly rate, with no guaranteed jobs for the successful bidders. The following is the summary of the average job cost. Provincial Construction: Primary Bid 2011 -2012 Average: Weekday Evening $6,441.60 2012 -2013 Weekday $6,691.97 $7,257.60 Average: Evening $7,532.54 Peters Excavating: Primary Bid 2011 -2012 Average: Weekday Evening $9,443.52 $15,346.76 2012 -2013 Average: Weekday Evening $9,916.32 $16,113.24 O'Hara Construction: Primary Bid 2011 -2012 Average: Weekday Evening $5,423.00 $5,968.60 2012 -2013 Weekday $6,028.00 Average: Evening $6,556.00 $7,257.60 Weekend $8,073.60 $7,532.42 Weekend $8,372.74 $13,379.01 Weekend $15,346.76 $14,407.60 Weekend $16,113.24 $5,918.73* Weekend $6,634.60 $6,468.00* Weekend $6,820.00 -2- MW-2011-24 Secondary Bid 2011 -2012 Average: Weekday Evening $6,441.60 $7,257.60 2012 -2013 Weekday $6,691.97 Average: Evening $7,532.54 Secondary Bid 2011 -2012 Average: Weekday Evening 10,391.04 16,882.32 2012 -2013 Weekday 10,908.19 Average: Evening 17,368.36 Secondary Bid 2011 -2012 Average: Weekday Evening $6,028.00 $6,556.00 2012 -2013 Weekday $6,550.50 Average: Evening $7,078.50 $7,257.60 Weekend $8,073.60 $7,532.42 Weekend $8,372.74 $14,718.66 Weekend 16,882.32 $15,334.23 Weekend $17,726.12 $6,468.00 Weekend $6,820.00 $7,034.50 Weekend $7,474.50 May 16, 2011 -3- Alfidome Construction: Primary Bid 2011 -2012 Average: Weekday Evening $5,323.20 $6,508.80 2012 -2013 Weekday $5,441.76 Average: Evening $6,686.88 The City's cost for the above services in previous years' were approximately: $167,500.00 in 2009 on 20 jobs average cost per job $8,375.00 $350,000.00 in 2008 on 40 jobs average cost per job $8,750.00 Following the approval of contractors in the spring of 2010, until the end of March 2011 the City spent the following for Primary and Secondary contractors: $ 94,862.00 on 22 jobs - primary contractor $124,211.00 on 15 jobs - secondary contractor $219,073.00 for 37 jobs - total Funds have been allocated in contracted services in the 2010 Environmental Services Budget. Accounts 16 -3- 411000 - 040000 - Sanitary Sewer and 15 -3- 431000 - 040000 - System Maintenance Water Works. CITY'S STRATEGIC COMMITMENT This report and the attached financial summary are consistent with Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. ATTACHMENTS 1. Analysis of bids Recommended by: Respectfully submitted: S Wheeler $6,508.80 Weekend $7,694.40 $6,687.68 Weekend $7,934.40 Secondary Bid 2011 -2012 Average: Weekday Evening $5,323,20 $6,508.80 2012 -2013 Weekday $5,489.76 Average: Evening $6,734.88 average cost per job $4,311.91 average cost per job $8,280.00 average cost per job $5,920.00 Geoff Holman, Director of Municipal Works Ken Toda, Chief Administrative Officer MW 2011 - 24 $6,508.80 ** Weekend $7,694.40 $6,735.68 ** Weekend $7,982 40 PRIMARY BID: 2011 -2012 Hourly Rate PROVINCIAL Week Day hrs Grand Total Exclusive of Materials S6,441.60 1 $7,257.60 y PRIMARY BID: 2012 -2013 Hourly Rate PROVINCIAL Week Day hrs Grand Total Exclusive of Materials 1 $6,691.97 $7,532.54 58,372.741 PRIMARY BID: 2011 -2012 Hourly Rate PETERS Week Day hrs Grand Total Exclusive of Materials 1 $9,443.52 1 $15,346.76 y $15,346.761 PRIMARY BID: 2012 -2013 Hourly Rate Week Day PETERS hrs Grand Total Exclusive of Materials $9,916.32 $16,113.24 y $16,113.241 PRIMARY BID: 2011 -2012 Hourly Rate Week Day O'Hara Grand Total Exclusive of Materials 1 $5,423.00 $5,968.60 y $6,364.601 PRIMARY BID: 2012 -2013 Hourly Rate Week Day O'Hara hrs hrs PRIMARY BID: 2011 -2012 Hourly Rate ALFIDOME Week Day hrs PRIMARY BID: 2012 -2013 Hourly Rate Week Day ALFIDOME hrs Grand Total Exclusive of Materials $5,441.76 hrs hrs hrs hrs hrs hrs hrs hrs Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening hrs $6,686.881 Hourly Rate Weekend hrs Holida Hourly Rate Weekend hrs Holiday Hourly Rate Weekend hrs Holida Hourly Rate Weekend hrs Holida Hourly Rate Weekend hrs Holida hrs Hourly Rate Weekend Holida Grand Total Exclusive of Materials $6,028.001 $6,556.001 y 1 hrs Hourly Rate Weekend Holida Grand Total Exclusive of Materials 1 $5,323.20 1 56,508.80 y 1 Hourly Rate Weekend Holiday $8,073.60 $7,694.40 57,934.40 AVERAGE AVERAGE AVERAGE AVERAGE $7,257.60 57,532.42 $13,379.01 $14,047.60 $5,918.73 $6,820.00 56,468.00 $6,508.80 56,687.68 SECONDARY BID: 2011 -2012 Hourly Rate Week Day PROVINCIAL Grand Total Exclusive of Materials $6,441.60 $7,257.60' SECONDARY BID: 2012 -2013 Hourly Rate Week Day PROVINCIAL Grand Total Exclusive of Materials 1 $6,691.971 $7,532.541 y $8.372,741 SECONDARY BID: 2011 -2012 Hourly Rate Week Day PETERS Grand Total Exclusive of Materials 1 $10,391.041 1 $16,882.32 y 1 SECONDARY BID: 2012 -2013 Hourly Rate Week Day PETERS hrs hrs hrs hrs Grand Total Exclusive of Materials $10,908.19 1 $17,368.36 SECONDARY BID: 2011 -2012 Hourly Rate Week Day O'HARA hrs SECONDARY BID: 2012 -2013 Hourly Rate Week Day O'HARA hrs SECONDARY BID; 2011 -2012 Hourly Rate Week Day ALFIDOME ALFIDOME hrs SECONDARY BID: 2012 -2013 Hourly Rate Week Day hrs hrs hrs hrs hrs hrs hrs hrs hrs Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Houdy Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Evening Hourly Rate Weekend hrs Holiday Hourly Rate Weekend hrs Holida Hourly Rate Weekend hrs Holida Hourly Rate Weekend hrs Holiday Hourly Rate Weekend hrs Holiday Grand Total Exclusive of Materials S6,028.00 1 $6,556.00 1 hrs Hourly Rate Weekend Holiday $16,882,32 514,718.56 Grand Total Exclusive of Materials $6,550.501 1 $7,078.50 Hourly Rate Weekend hrs Holiday $17,726.12 $15,334.23 Grand Total Exclusive of Materials i $5,323.20 $6,508.80 Hourly Rate Weekend hrs Holiday Grand Total Exclusive of Materials $5,489.761 $6,734.881 1 AVERAGE $8,073.60 $7,257.60 $7,532.42 AVERAGE AVERAGE $6,820.00 $6,468.00 $7,474.50 $7,034.50 AVERAGE $7,694.40 $6,508.80 $7,982.40 $6,735.68 PD- 2011 -30 Niagara,Falls May 16, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -30 CB &FIG - 2011 -002, Commercial Building & Facade Improvement Grant Application Mariyan and Mike Pirker - Victoria Inn (581608 Ontario Ltd.) 4816 Bridge Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4816 Bridge Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed facade work complies with the City's grant program; the funding will assist in improving the appearance this prominent building in the Downtown; and the funds are available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located within the Downtown CIP Project Area. The building known as Victoria Inn has been used as a bar and restaurant for a number of years. The second floor contains residential units that are available for tourists on a seasonal basis. The application before Council is to request funds for improvements to the front and side facades facing Bridge Street and Victoria Avenue. The extent of work includes refinishing the old stucco facing with new stucco and the addition of new detailing around the windows. Over the past few years, the old stucco facing has begun to fail and flake away. The building is quite large and a new facade treatment would greatly enhance the appearance of the building. The estimated to cost to re- stucco the building is $42,700. The owner will be eligible to receive a maximum grant of $15,000 and the Region will contribute $5,000. May 16, 2011 The owner will be required to enter into an agreement with the City for the funding request and satisfy all the requirements of the incentive program. FINANCIAL IMPLICATIONS The funding cost for the facade improvement will be taken from the Downtown Special Purpose Reserve. CITY'S STRATEGIC PRIORITIES The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS • Appendix 1 - Location map of the subject property. Appendix 2 - Sketch showing the proposed facade of the building along Bridge Street and Victoria Avenue. Recommended by: Respectfully submitted: B.Bolibruck:gd Attach. K n Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -30, CB &FIG - 2011 -002 - Victoria Inn, 4816 Bridge Street.wpd - 2 - PD- 2011 -30 Alex Herlovitch, Director of Planning, Building & Development May 16, 2011 - 3 - APPENDIX 1 PD-2011-30 ER1E RIE-AV- May 16, 2011 - 4 - APPENDIX 2 PD- 2011 -30 Niagaraj7alls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATIONS EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -20 Drummond Road Parking Review TS- 2011 -20 May 16, 2011 1. That a "no parking" restriction be established at all times on the east side of Drummond Road between a point 45 metres south of Murray Street and a point 50 metres north of Dixon Street. 2. That "no standing" restrictions be established at existing bus stop locations on Drummond Road between Lundy's Lane and McLeod Road. 3. That bike lanes on both sides of Drummond Road between Lundy's Lane and McLeod Road be designated by municipal bylaw. The recommended parking restriction will ensure that parking is restricted entirely at all times on both sides of Drummond Road between Lundy's Lane and McLeod Road to support the application of bike lanes in both directions. Standing prohibitions will be established at existing Niagara Transit stops. Road reconstruction is currently being carried out on Drummond Road between Lundy's Lane and McLeod Road in accordance with the approved Drummond Road Environmental Assessment study, with all work expected to be completed by the autumn. The upgrades include expanding the pavement width to incorporate left turn lanes at select intersections and establishing bike lanes. The road will be urbanized with the construction of a curb and gutter with curb depressions at driveways where no curbing was previously present. With the exception of an approximate 150 -metre section, parking is prohibited on both sides of Drummond Road between Lundy's Lane and McLeod Road. Properly signed and marked bike lanes are normally established along streets where parking is prohibited to allow for unimpeded travel. As a result, a parking restriction is required for the remnant segment on the east side of Drummond Road between a point 45 metres south of Murray Street and a point 50 metres north of Dixon Street. This area abuts a hydro corridor, Maple Leaf Collision Centre and two residential properties. A conversation with both May 16, 2011 2 TS- 2011 -20 residential property owners and the general manager of Maple Leaf Collision Centre reveal that they have no objections to the proposed parking restriction. The bike lanes will be signed and marked in accordance with current practice. Finally, standing prohibitions are recommended at existing transit stops. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2011 General Purposes Budget. Cost studies estimate that the cost to install the required signage is approximately $6,300. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services n Todd, Chief Administrative Officer Extent of Road Reconstruction TS- 2011 -20 Drummond Road Parking Review \ iagaraJalls • Proposed No Parking Zone NORTH CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Agreement with Track Niagara respecting the Adopt -A- Street /Park /Trail public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 16, 2011, and made between Track Niagara as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street /Park /Trail public service program for volunteers to be responsible for litter pick up, weed pulling, etc.. specifically along Section Four of the Millennium Trail from Morrison Street to Thorold Stone Road, as attached hereto, is hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this sixteenth day of May, in the year 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 16, 2011 May 16, 2011 May 16, 2011 THIS AGREEMENT made this 16' day of May, A.D., 2011. BETWEEN: Track Niagara Hereinafter called the - Volunteers - - and - THE CORPORATION OF TIIE CITY OF NIAGARA FALLS. Hereinafter called the "City . .NI) \VHERE AS t11 e `v'olunt. ers ha e a_reerl r. c - tai! tern - H nd ni'Itions set out herein pill of the FIRST PART: of the SECOND fART. V1 HERE. -AS the :.-\J pf- \- Street Park Trail Prorrrjm has been establi.Hiled .i ' t liC . ice pl mam tOr Volunteers to he responsible tor litter pick up. `A pulling. etc n`= selected sir;. et: .lY, in the program subject NOW THEREFORE THIS AGREE:vIE N \' 1Ti1 ESSETH that In cons ,lera'.un l ie premises s a.!d t.11e mutual covenants, the parties hereto r e it`., ea.:h other as i T.l; i:tl ?,.s affected i?`. this airl "eel1;;1t are described in Schedule A att_t.;nCC: hcC:!i i 1 to `i 'tenteer s shall appoint or select an au lorized , r ap representat, \. c t, attend ! s tte . eeting pro ided by the City and, in tum, supply safety training to We Volunrce`r's. :All p - :clpants n!u t reee! . ' and be t!..nillarwlth the contents of the saFetv brochure. - Saiet t i:dehnes for Volunteers betbre particlhatinc in the clean up of the adopted street. 3 The Ol wnteers shall obey and abide by all la: ?-s and regulations relating to satet% and such terms and conditions as may he stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule ..B„ attached hereto. 1_ he Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times. the City of, from and against all actions, causes ()faction, interest, claims, demands. costs, charges, damages, expenses and loss which the City may at any time hear, incur, he liable tor, sustain or he put unto for any reason or on account of or by reason of or in consequence of the City entering into this agrreement. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss. injury, or obligations or liabilities of any kind which heretotbre may have been or m:r■ hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Street and Park: Trail Program. 6, The City shall confirm the specdie section of a City Street and Park :Trail to he adopted by the Volunteers. The City shall provide safet'f information and training, trash bags. flags. to the Volunteers upon receiving notice prior to the beginning of a clean up. The City shall erect s Jn(s) .S'ith tt Volunteers name: displayed at one end of the adopted Park Trail. unless. in the opinion of the � ltl erected signs \ jeopardize the program. ??: e u.lter -pr odu'✓ti`. to its purpose or i i a 11 :zard to the sated "ot the general pUblie, or be in ;ntli:r with C it\ polic`v The C it designated location. The City shall renr_7• c i;tter !, ! _J -d b:_ the Volunteers for pie'k Ylti� and dispose of tilled trash hags tolioaine the el.'an 1_ip and the Citty shad monitor lie li_pr.- A- P.a-k° lrcui Pr' ram to ensure Cil the program are being net. 1 Ci s l:!ll ha' ' _ nArne, -Park Trail Program 31 is. E idler L pun 70 dads notice w il that effect to the Other par f and the VSO -ers shall thrtir. ith surrender to the Cit.!, an; ,! articles and dens pr(r. it ed b - -.he t... under this agreement \nv ih()tiee to be `ra en r ?arst an this agreement, inas be del i% ered or sent by p epaih Iunteers and the ( as follows: ti r,' class ;nail or facsimile tr lnstnlssion to tl Track Niagara. Niagara Clinic c o Niagara Faits Badminton Club 5300 \Villmott Street Niagara Falls. ON L2E 2A7 Attention: Virginia !McGarry Casagrande Telephone: 905 354 3046 Fax: I`: A Email. vcasa!d;sympatico.ca iiaz ird�?tis ite that hay e d- t .r�. ,o be ptacc!l ;n a n" 15. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. [ 6. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and tecuiinological changes thereto rendered necessary had been made and all covenants herein contained shall he construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, Ontario L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356-7404 The City: ) ) ) ) Name: 'Virginia McGarry Casaygrande ) ) ) Name: ) )_ ) Name: ) ) Name: Name: Name: ) Name: a m., 1 Na ) Name: Name. i IN arae: ) THE CORPORA `1 ION OF THE 1E CI I Y OF NIAGARA FALLS Name: James M. Diodati Title: Mayor ) ) Name: Dean Iorfida Title: City Clerk SCHEDULE - A" to an Agreement dated the 16' day ut Iay. A.D., 2011 between VOLINTEERS and THE CORPORAT1ON OF THE CITY OF `.•1,A.(1. FALLS oiarLt Fals rc.-co4nizes the uoup. named ih as heino, reponsihle for Ole LL (.0 :the followin2 Trail: fr .1-;tret lhorold 5..,tonc Rd heing 1.4 kik.iniet:-es, The Volunteers shall nuke arrangements for tra el to tile work site. The \.'olunteers shall ensure pr,..wision of all supervisi safet equipment and tirst ud ''." to its tdi Iwo: Volunteers, The Volunteers shall pick uo litter on their assigned Park Trail a minimum three times per year. s h,,-, 1 1i to sor litter i.nto tour dIfter.,:il! tu tss. plas metal. and - other - reuse u fa:_7 disposal pcf. SCHEDULE "B" to an Agreement dated the I day of May. A.D.. between VOLUNTEERS and THE CORPORATION 00 THE CITY OF NIAGARA PALES The Volunteeis shall give the Director of R.e & culture his her h none p rof t beginning of a dean up. The Volunteers 1 :.(.411ect ttcr he ac_lopted Park. ira; 1 he V shall not bick UP litter iote any ',el travelled s;_trface. 111 eti I an 1 es n tunnels. on. o CT around ether structure Jr loins at euld r:.He danger. The Volunteers shall wear clothing that ',A:ill not impair vision or [my:einent durin g. clean up. 9 up. Tile Volunteers shall pro \ ide adult supervision for youth partieipating 111 the clean 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up acti\,ities. 11 The Volunteers shall suspend liner pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 1 2. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour he fore sunset). 13. 'file Volunteers shall flag closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 1 5. The Volunteers shall ensure that no signs, posters, or other display material( s) are brought to the adopted section during or between clean up. 16. [he Volunteer shall place filled trash hags at the designated pick up sites as prearranged by the City's Director of Recreation & Culture or his her designate and the Authorized Group Representative. 1 The Volunteers ha'1 notit\. the Ciry imincciiately after each clean up in order litter hags to be removed by tit`. st<llt The olunteers .shall ieturli all inventory to the C_ it\ at the coinpletlon of an \,i; pt-:>-Street and Park Frail clean tin Ja nless u nless it is rene \\ ed.. CITY OF NIAGARA FALLS By -law No. 2011 - A by-law to authorize the execution of an Agreement with Meridian Credit Union and Forestview Public School respecting the Adopt -A- Street /Park /Trail public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 16, 2011. and made between Meridian Credit Union and Forestview Public School as Volunteers and The Corporation of the City of Niagara Falls as City. respecting the Adopt -A- Street /Park/Trail public service program for volunteers to be responsible for litter pick up, weed pulling. etc.. specifically on Gustavus Monroe Park between Rideau Street and Westwood Street. as attached hereto, is hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this sixteenth day of May, in the year 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: May 16. 2011 May 16, 2011 May 16. 2011 THIS AGREEMENT made this 16 day of May, A.D., 2U1 1 BETWEEN: Meridian Credit Union (Kalar & McLeod Road Branch) and Eorestciety Public School Hereinafter called the "Volunteers' of the FIRST PART: - and - THE CORPORATION OF I HE (11'Y OF NIAGARA FALLS. Hereinafter called the "Cite. of the SECOND PART: WHEREAS theCitysAdopt- A- Street.Park and Trail Program hasbeenestablished. as pub service prog an? for Volunteers to be responsible for litter pick up, weed pulling, et.‘ along :1 selected street: AND t \HER E AS the Volunteers ha% c agreed to participate in the priseeruin subject � ::'r!an: terms and Conditions s` out herein. NOW THEREFORE THIS AGREEMENT %% ITNESSETH that in considerate r of the premises and the mutual covenants. the parties hereto agree with each other as follows• Fite and affected b', ,his agreement are described in Schedule "A attached Hereto. The Volunteers shall appoint or select an authorized group representative to attend a safety meeting the City and, in turn. supply safety training to the Volunteers. All participants must receive and be familiar titi ith the contents of the safety brochure - Safety Guidelines for Volunteers" before participating in the clean up of the adopted street. 3. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. The Volunteers shall indemnify, save. defend and keep harmless from time to time and at all times. the City of, from and against all actions, causes of action. interest, claims. demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or he put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 5. The Volunteers release and forever discharge The Corporation of the City of Niagara Falk, its officers and employees from any and all actions, causes of actions, claim; and demands, for damages, toss. injury. or obligations or liabilities of any kind which heretofore may have been or may hereafter he sustained to any persons or property arising out of or connected with actively participating in this Adopt -.A- Street, Park and,'or Trail Program. 6, The City shall confirm the specific section of a City Street. Park and or Trail to he adopted by talc Volunteers. The itj. shall prof ide safety information and trainine. trash to the i ''I tie+ rhea', i ng notice prior to the beginning of a clean up. T \, i he (it` shall erect signts) ■.vit n the Volunteers name dispLar,ed of one end of the adopted S, r :et. Park and or Trail, unless. i ess. in the opinion of the City erected signs '.t nuid ,et)pardizr the program-, He olttater- prnducti'e e to its purpose, or create a hazard to the sa et et the 1 . eneral public. car be iii conflict ;�'1t11 lti pi:liry r 99 d::signated T he • slam! rein • e and dispose +:> r filled trash hangs i • n' the Cit< _hall I n: ' -': ac , es of the Adopt-A- Street, 0 to-ens.;r z'. n'^ cti es of the program are heir n:et. , Tr t � 1a11 .?a. _ sole approval as tl) the name . title: o t IS to he fla':ed :\J ,p A -S', ref. Park and or Trail Program si(ns. - II remove H _ter such as large, h ea\ r hazsardous hl_.. c been 0:tihrr p1,t:r may te.rm tnate this agreement at arty 'i ne L1pt i+ _ !' 1`. F= P,'t -4 tr 1 ?_ In �brnin to that e:tF_ t to the other party and the Volunteers shalt /nh surrender the City :. he. c ur.teer� sl al f tc rth', _� . .I: �.,,. t � � ai and all irti ies _i )d n n ,, provided by the City under this agreement. 1 —L An, to be given pursuant to this agreement maybe deli' crtd or sent b\ prepaid first class i nil . )r facsinui transmission to the Volunteers and the C ltb as ttnllo'<<`vs Volunteers: Meridian Credit Union (Kalar & McLeod Road Branch) 7 107 Kalar Road Niagara Falls, ON L2H 3J6 Attention: Nick Cicchino, Branch Manager Telephone: (905) 358 7035 Fax: (905) 358 6355 Email: nick.cicchino4meridiancu.ca up Lind a l n 1 r�_tti log 15. such notice. 0 wanted. snail @nisih, aeenred to he in to and reeeived the ,ithe; party three s ZIP the naiIin thcreoTit if sen t. hy facsimile trnnsthission, on the date the facsimile transmission \vas sent, her the sit': r I :1:,edline is used in this agreement. they shali bc iistruer as if the riurai tii lcn n U1 flet1L'I has been lasect \\here the conte \t or the party, or pa; ries !lei rievilai:e, and the iest or the se:net shall he construed as if and teiniiii ehitites thereat rendered neeessars had been made and 5 11 he ..iiitstioted to be several as \veil as tomt. \-E,,TTNITESS WHFRFOF the Volunteenst have hereunto set their hands and seals and the City has hereunto air: Ked corporate seal attested by the hands al the proper ting tirricers it that hiehttlf trill the said signing oilleers certib,' that they have ttuthority 1 hind the eorporation, In the Presence Of Forest\ tevA Public Sehool 8406 ForestvieAk Boulevard Niagara Falk. ON 1.2H 0139 \ttention: Richard (Todd) Bright. Principal Telephone: (905) 354-6261 Fa\ : 905 354-7313 todd,hright L dsbn.edu .0n,c a The City: The Corporation t the Cit a1 Niagara rails 4310 Queen Street P.H 13 A 102.; Ni \R F ()\ 1 1 6x5 1 t1,-ThoilL Director Recreation & Culture t vw5; 356_7511, E 3130 t rEori 356-7404 ) ) ) ) Name'. Ni ( ‘.1 ) \ \, ) Name: Richard (Todd) Bri01 ) Name } ) ) Name: ) 3 Name: } me : .iarnes \!. Di)c at Title Name' Dean IL tida ) Title: t'itV. Clerk SCHEDULE "A" to an Agreement dated the 16 day of May, A.D., 2011 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above. as being responsiOle for the adoption ()ltho fIAlowing Parks, Trails: 0 1.1 .- ; t 1v i js \tonroe Par. ioetixeen Rideau Street and Westwood Streiet. SCHEDULE "B" to an Agreement dated the I 6 day of May. A.D., 201 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Volunteers shall make arrangements for tra\ el to the work sit. V,ilunteers shall ensure provision of ail super, ision, safety equipment and triedL:al first sen, ice to its tello Volunteers. T Volunteers shall pick up litter or their did Street. Park and or Trail a times ber year IL \. nteers shall he et to t;,.)ur 2itSerent eateo- - refuse to facilitate (.11 spusa! pro T . e ers shall the (i his d nt prior beginniiug d 11 p shall not nick. Lir t ttter ak.)1.1.g um; '..rehictilar trd.;:clicd road surtlice, 00 o e asses, or around other sr.ruc..2turt or 1, that could pose Li C. Thc ',...Itinteers shall wear clothin2. that rs iU not impair vision or movement duriI12. The VAunteers shall provide adult supervision for youth participating in the clean The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic hevcrages immediately before or during clean up activities_ 11. Th.e. Volunteers shall suspend litter pick up W hen weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall kvork only during daylight hours (1 hour atter sunrise and 1 hour he fore sunset). cicari up, Up. - 111c \, shall coltect litt(-;r O1\ un he td.,pcd . Street. P and or Trail. 13. The Volunteers shall flag closed containers, hea \y objects, or suspended hazardous materials for pick up and disposal by City staff 14. The Volunteers shall surrender items of value (wallet. purse, camera, etc.) found on City property to We nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) ara hrought to the :adopted section during or between clean up. 16 Jlic Voluntoer shall place tilled trash has at the dosignated pick up sites as prearr,mged j the Citv's Director of Recreation & Culture or his her designate and the A,uthorized CJrup RepresentattJe 1 The Volunteers Ldt o fv We City immediate! after each clean up in order for litter huts to he removed irh City :stall. 1 he Volunte'..irs shall return all in\ entory re the City at the eonmIction of an Adopt-A-Street., Park and Trail eican ap day unless it is reilewed A by -law to authorize the execution of an Agreement with Dr. Mohamed Abu Shahma dated April 6, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 6, 2011 and made between The Corporation of the City of Niagara Falls as City and Dr. Mohamed Abu Shahma as Physician, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this sixteenth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 16, 2011. May 16, 2011. May 16, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - THIS AGREEMENT entered into on the (day of April 2011. BETWEEN: TIIE CORPORATION OF THE CITY OF NIAGARA FALLS. a municipal corporation incorporated under the laws of the Province of Ontario (hereinafter called the - City - ) DESCRIPTION OF INCENTIVES - and - MOHAMED ABU SHAHMA, MD (hereinafter called the "Physician O1 "FHF FIRST PART: OF THE SECOND PART. WIIEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to the Municipal.=ict, 2001 (Ontario), and the regulations thereunder: AND WHEREAS the Niagara Falls Health Professional Recruitment and Retention Task force (the "Task Force is a group of committed community volunteers whose goal is to recruit and retain qualified physicians for the City: AND WHEREAS the City, upon the recommendation of the Task Force, wishes to provide incentives to physicians demonstrating a commitment to practicing medicine in the City of Niagara Falls: AND WHEREAS the Physician wishes to make a commitment to practicing medicine in the City: AND WHEREAS THE PARTIES WISH TO ENTER INTO A WRITTEN AGREEMENT SETTING OUT THE TERMS OF THEIR ARRANGEMENT, as follows: 1. Subject to the terms and conditions herein, the City agrees to provide certain incentives to the licence(' Physician in anticipation of the Physician establishing a full time family medical practice in the City of Niagara Falls, and in no event later than April 19, 2011. For the purposes of this Agreement, the incentives ( "Incentives ") shall be office and examination room(s) furnishings to he located at 5233 Stanley Avenue, Niagara Falls, Ontario, up to a value of Fifty Thousand Dollars ($50,000.00). REPAYIIIENT OF INCENTIVES -7- The Incentives listed in subsection 2 above shall be left in the office and examination rooms on the Physicians departure from the practice in the CitvotNiagara Falls and the Incentives listed in subsection 2 above shall be repaid by the Physician to City on the following terms: (1) lithe Physician engages in the practice of medicine in the City by April 19, 201 1 , and continues to do so for a period of at least five (5) years following the commencement of such practice. the Physician shall not be required to repay any of the Incentives contemplated by this Agreement. (2) If however. the Physician does not maintain or regularly or actively engage in the practice of medicine in the City by April 19, 2011, and for the duration of the times set out in subsection 3(1) above, the Physician shall he required to repay the Incentives set out m subsection 2 above on a prorated basis, forthwith upon demand fbr such repayment being made, in writing_ by the City. (3) Any amounts that may be required to he repaid by the Physician to the City under subsection 3(2) above. shall accrue interest as of the date that the funds were advanced. compounded annually at 3.5% per annum. and shall be due and payable upon the date that a written demand for repayment of the amounts set out in subsection 3(1) above is made by the City. (4) Notwithstanding anything contained in section 3, in the event the Physician elects to continue practice at another location in the City of Niagara Falls. Ontario, the Physician may transfer the furnishings described in this Agreement to that location, provided always that the Physician must practice medicine in the City of Niagara Falls for a period of at least five (5) years following commencement of practicing medicine and provided always that the furnishings shall forever remain the property of the City of Niagara Falls. NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY 4. The Physician agrees to provide the City with no less than three (3) months working notice of his intention to cease carrying on the practice of medicine in the City. Such notice shall be in writing and shall be delivered to the City in accordance with the Notice Provisions of this Agreement. SOURCE OF FUNDING FOR INCENTIVES 5. The monies required to fund the Incentives shall be provided 100% from the City, and shall he paid by the City to the Physician at such times as are required by this Agreement. NOTICE GENERAL REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN 6. The Physician hereby acknowledges that the City is relying on the following representations and warranties that he has made in connection with this Agreement and vv hich representations and warranties form the basis for the City entering into such an Agreement with the Physician: (1) The Physician is a member in good standing with the College of Physicians and Surgeons of Ontario. (2) The Physician has not accepted any other incentives of a similar nature to those referenced by or set out in this Agreement. from any other party. and has not committed himself to practice medicine on a full time basis in any area outside ofthc City. .All notices. requests, demands or other communication required or permitted by the terms of this Agreement to be given by one party to another. shall be given in writing. by personal delivery or by registered mail. with all postage being prepaid. such notice being addressed or delivered to the other party as follows: (1) to the City at: (2) to the Physician at: The Corporation of the City of Niagara Falls Attention: Niagara Falls l lcalth Professional Recruitment and Retention Task Force 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2F 6X5 Dr. Mohamed Abu Shahma 5233 Stanley Avenue Niagara Falls ON L2E 7C2 or at such other address as may be given by either of them to the other in writing from time to time and such notices, requests, demands or other communications shall be deemed to have been received when delivered, or, if mailed, forty -eight (48) hours after 12:01 a.m. on the day following the day of the mailing, except that in the event of an interruption in regular mail by strike or other irregularity, any notice, request, demand or other communication sent by regular mail shall be deemed to have been received forty -eight (48) hours after 12:01 a.m. on the day following the resumption of normal mail service. 8. This Agreement shall be governed by the laws of Canada to the extent that they apply and by the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. This Agreement shall constitute the entire Agreement between the parties with respect to all of the matters herein, and this Agreement shall not be amended except by a memorandum in writing, consented to and signed by all of the parties and any attempt to amend this Agreement by a party without the consent of the other shall be null and void and without binding effect on the other. 10. No party may assign this Agreement or any part hereof without the prior written consent of the other parties hereto. which consent may be arbitrarily withheld. Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the parties to this Agreement and on their respective heirs. executors, administrators. successors and permitted assigns. The parties acknowledge that this Agreement is not intended to create a partnership, agency or fiduciary relationship between the parties. and each specifically disclaims any such relationship with the other. 12. if any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions. which shall remain in force and shall be binding upon the parties. 13. Attached to this Agreement and marked as Schedule ..A.. is a copy of the Certificate of Registration issued by The College of Physicians and Surgeons of Ontario to Dr. Mohamed Abu Shahma dated June 18. 2010, bearing College Register Number 03404. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement this day of April. 2011. SIGNED, SEALED AND DELIVERED in the presence of i1 Cam( � --- \V l ess -4- THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, I\Iayor Dean Iorfida, City Clerk )1L-h vi,u_ • Mohamed Abu Shahma, MD CERTIFICATE OF REGISTRATION This is to certify that Dr. Mohamed Salem A Abu Shahma nit COLLEGE OF }� � T P114 j ll SIIC ll1V ANID {� SS,RGEO S OF ON TA.IO is a member of the College and is authorized to engage in the practice of medicine subject to the conditions prescribed for Independent Practice This certificate is subject to term, condition and limitation: Dr. MOHAMED SALEM A ABU SHAHMA may practise only in the areas of medicine in which Dr. ABU SHAHMA is educated and experienced. In witness whereof, we have hereunto subscribed our names and affixed the seal of the College. P HYS �' . � College Register No: 93494 Dated at Toronto, Ontario, Canada: June 18, 2010 ($10 Replacement charge for this farm) PRESIDENT REGISTRAR A by -law to provide for the adoption of Amendment No. 94 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and maps constituting Amendment No. 94 to the City of Niagara Falls Official Plan is hereby adopted. Passed this sixteenth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 16, 2011 May 16, 2011 May 16, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - S \OFFICIA1..PLN \AMEND \t 94 - Growth Plan Conformity \Documents for May 16 adoptionA[3YLAW_94.wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached maps, constitute Amendment No. 94 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE i) SCHEDULES "A -2 ", "A- 2(a) ", "A- 2(b) ", "A -2(c)" and "A -2(d)" are added to PART 6 - SCHEDULES of the Official Plan. ii) SCHEDULE "B" - PHASING OF DEVELOPMENT of the Official Plan is hereby deleted and replaced with SCHEDULE "B" - PHASING OF DEVELOPMENT attached hereto. 2. TEXT CHANGE i) PART 1, SECTIONS 1, 2, 3 and 4 are hereby deleted in their entirety and replaced with the following: "PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTION SECTION 1 - BASIS OF THE PLAN The Official Plan for the Niagara Falls Planning Area is a document outlining the long term objectives and policies of the City with respect to the growth and development of urban lands; the protection of agricultural lands and the conservation of natural heritage areas; and the provision of the necessary infrastructure. The Official Plan is adopted under the provisions of the Planning Act and is required, through legislation which established the Regional Municipality of Niagara, to conform with the provisions of the Regional Policy Plan. Based upon the above, the Official Plan for the City of Niagara Falls is to be brought into conformity with the policies of the Regional Official Plan and is approved by the Regional Municipality of Niagara. Changes to the Planning Act and the introduction of the Growth Plan for the Greater Golden Horseshoe Area (Growth Plan) as well as other Provincial Plans enables Council to effectively use all available planning tools when considering development and the protection of heritage within the City of Niagara Falls. This Plan reflects the changes in legislation and respects the growth targets of the Growth Plan and the Regional Policy Plan. A series of public meetings of Council have been held to fulfill the public participation requirements of the Planning Act. Comments and input received have been carefully considered in the formulation of policies for this Plan. The Official Plan will be regularly reviewed and a special meeting of Council, open to the general public, will be held at least once every five years from the date of Regional approval. Such a special meeting is required under the Planning Act, and will determine the need for any revisions to the Official Plan based upon changing conditions such as growth patterns, economic trends and Provincial Planning Policies. INTERPRETATION - 2 - Locations, boundaries or limits described in the text or indicated on Schedules "A ", "B ", "C ", "D" or "E" are intended to be approximate only, except where they are bounded by roads, railway lines, or other clearly defined physical features. Where the general intent of the Plan is maintained, minor boundary adjustments will not require an amendment to this Plan. Nonetheless, urban area boundaries are considered to be precise. In any case, where the location of the Urban Area Boundary is in question, the precise boundary may be defined with the Region's concurrence. Where any Act or portion of an Act is referred to in this Plan, such references shall be interpreted to refer to any subsequent renumbering of sections in the Act and /or changes in the date of the Act. Where any of the policies of this Plan refer to an Ontario Ministry, the reference to such Ministry shall continue to apply regardless of any change in title to the Ministry and /or any successor Ministry that may become responsible for the subject policies. FORMAT OF THE PLAN The Official Plan is organized as follows: Part 1 entitled PLAN OVERVIEW AND STRATEGIC DIRECTION describes the purpose, legislative basis, format, and interpretation of boundaries of the Official Plan as well as the period during which the Plan is to apply. This part also outlines the Strategic Policy Direction of the Plan to accommodate future growth through land use and intensification. Part 2 entitled LAND USE POLICIES establishes twelve (12) land use designations with preambles which highlight the intention of the land use designations and policies which describe permitted uses and various physical development guidelines. The land use designation for Section 10 prescribes that the policies of the Niagara Escarpment Plan, as amended from time to time, shall be applied to the Niagara Escarpment Plan Area. Unless otherwise specified, the policies of Parts 3, 4 and 5 of this Official Plan will not be applied to the lands within the Niagara Escarpment Plan Area. In addition there are certain special policy areas which because of unique character and /or circumstances will be subject to special policies. - 3 - Part 3 entitled ENVIRONMENTAL MANAGEMENT contains strategic type policies that are to be utilized in conjunction with the land use designation policies. Part 4 entitled ADMINISTRATION AND IMPLEMENTATION highlights the various planning tools available to implement the Official Plan. Part 5 entitled SECONDARY PLANS contains the policies and plans for specific areas of the City prepared through the secondary plan process and adopted as amendments to this Plan. SCHEDULES to this Plan illustrate the land use designations, height strategies, roads, districts and special policy areas of this Plan and are to be read in conjunction with its text. There are additional Schedules "B ", "C ", "D" and "E" that form part of the Plan. The APPENDICES contain supplementary and supporting information forthe Policies of this Plan but do not form part of the Plan itself. SECTION 2 - STRATEGIC POLICY DIRECTION The Official Plan forthe City of Niagara Falls is intended to guide growth and development to the year 2031. The population during this planning period is expected to reach 106,800 with employment for 53,640 people. It is the intent of this Plan to focus new growth to accommodate these people and jobs in a sustainable fashion that makes for an orderly and effective use of land and infrastructure, creates compact, livable communities and protects the City's natural heritage and agricultural lands. Schedule A -2 to this Plan illustrates the City as being divided into three areas: the urban area, the non -urban area and the Natural Heritage Areas. It is the intention of this Plan to balance efficient use of urban and with the protection of Natural Heritage Areas and direct development away from the non -urban area towards the urban area. To further guide development, the urban area is divided into two categories: the Built -Up Area, (the area within the Built Boundary defined by the Province within which growth is to be accommodated through intensification); and Greenfield Areas (undeveloped lands within the Urban Area Boundary) and outside of the Built Boundary where growth will be guided by proper design. In order to provide for future employment opportunities within the City, areas most suited for such uses are to be protected from non - employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependant on cross - border trade and the movement of goods. Schedule A -2 identifies the Gateway Economic Zone which are lands within the Urban area which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. It is the intent of this Plan to identify these areas and protect them for future employment. Forecast Period Total Households Total Population Household Size (ppu) Total Employment 2011 34070 89100 2.62 45690 2016 36170 94000 2.6 48560 2021 38590 99100 2.57 50820 2026 40870 103100 2.52 52240 2031 42740 106800 2.5 53640 Growth Objectives: -4 1. To direct growth to the urban area and away from non -urban areas. 2. To protect Natural Heritage Areas and their functions. 3. To support increased densities, where appropriate, and the efficient use of infrastructure within the Built -Up section of the urban area. 4. To phase infrastructure and development within Greenfield Areas in an orderly and efficient manner. 5. To meet the targets as established by the Province through the Greater Golden Horseshoe Growth Plan and through the Region of Niagara Comprehensive Review. 6. To accommodate growth in accordance with the household, population and employment forecasts of the Region's Comprehensive Review: Table 1. Forecast of Households, Population and Employment `This table can be amended by Niagara Region without amendment to this Plan. 7 To achieve a minimum of 40% of all residential development occurring annually within the Built -Up Area shown on Schedule A -2 by the year 2015. 8. To develop the Greenfield Areas shown on Schedule A -2 as compact, complete communities with a range of housing types, employment and public transit. 9. To encourage alternative forms of transportation. 10. To plan for an urban land supply of 20 years and to maintain a minimum 10 year supply of land for residential growth through intensification or greenfield development. 11. To provide a supply of serviced land that is capable of providing three years of residential development through intensification and land in draft approved and registered plans of subdivision. 12. To protect prime employment lands for the long term supply of employment in the Tourist Commercial and Industrial designations and to identify the Gateway Economic Zone. - 5 - 13. To develop a transit and pedestrian friendly, sustainable and livable City through urban design criteria and guidelines. Policies 2.1 The City shall protect agricultural uses in the non -urban area from urban pressures through the use of the Good General Agricultural Land Use designation and its related policies. 2.2 The City shall protect its Natural Heritage Areas, their features, quality and functions, through the Environmental Protect Area and Environmental Conservation Area land use designations and their related policies. 2.3 The City shall provide sufficient lands within the urban area Boundary to meet the projected housing, population and employment targets of Table 1. 2.4 The opportunity for increased densities within the Built Area Boundary shall be provided to make use of existing infrastructure, buildings and available transit through specific policies for the intensification nodes and corridors outlined in Part 2, Section 3. 2.5. Phasing policies shall guide growth across the urban area to make the most efficient use of existing and new infrastructure and to reduce the costs of providing new infrastructure. 2.6 The City shall utilize Secondary Plans wherever possible for development within its Greenfield areas to ensure the design of complete communities providing both employment and residential opportunities. 2.7 The City shall identify lands along the Queen Elizabeth Way to be protected for employment uses under the Gateway Economic Zone directive of the Province. 2.8 The City shall consider residential and employment growth in relation to Schedule "B" - Phasing of Development and the polices of Part 3, Section 1 of this Plan. 2.9 The City shall monitor growth within the urban area at 5 year intervals to measure compliance with targets of the Province's Growth Plan and the Regional Niagara Policy Plan. General Policies Intensification Corridors - 6 - 2.10 Expansions to the urban boundary shall only be considered in accordance with the Regional Policy Plan after successful completion of the required Regional Comprehensive Review and subsequent Local Comprehensive Review which shall occur no Tess than five years from the previous municipal comprehensive review. SECTION 3 - INTENSIFICATION The opportunity for increased densities within the Built Area Boundary shall be provided to make use of existing infrastructure, buildings and available transit within the Residential land use designation. However, opportunities for residential intensification on lands not currently designated Residential may also be considered. The City has identified specific intensification areas which have the potential to accommodate higher density development over the long term as nodes and corridors on Schedule A -2. The nodes and corridors may contain a mix of land use designations and will be subject to the following policies. 3.1 Unless otherwise permitted through the maps and policies of this Plan, residential intensification shall require an amendment to this Plan and proceed by way of site specific zoning by -law amendment whereby individual proposals can be publically assessed. Proposals of sufficient land area shall be developed through plans of subdivision. 3.2 The development or redevelopment of lands currently designated Tourist Commercial in accordance with Part 2, Section 4.2.9 shall conform with the height and design policies of Part 2, Section 4 and meet the minimum density requirements for a high density development as permitted in Part 2, Section 1.15.5(iii). 3.3 The extent of the Intensification Nodes and Corridors as shown on Schedule A -2 and the limits of the height strategies of Schedules A- 2(a), A -2(b), A -2(c) and A -2(d) are not intended to be scaled but a guide whereby building heights shall be considered on each individual basis with regards to the character of surrounding development. 3.4 The intensification through redevelopment of lands designated Residential in this Plan shall comply with the policies of Section 2, 1.15.5 of this Plan. 3.5 Intensification Corridors contain lands that front onto arterial roads and have the attributes conducive to supporting medium or high density residential redevelopment over the long term. Lands with - 7 - frontage directly onto these corridors may be considered for residential use. 3.6 Proposals for residential development shall comply with the policies of Part 2, Section 1.15.5 (iii) with respect to building height and density for the following intensification corridors, as shown on Schedule A -2: 1. Dunn Street 2. Thorold Stone Road 3. Victoria Avenue (notwithstanding the Minor Commercial designation) 3.7 The McLeod Road intensification corridor provides a connection between the major commercial node at its interchange with the QEW and the tourist district commencing at Stanley Avenue. The corridor is characterized by single detached dwellings, mid -rise apartment buildings, a Minor Commercial node at Drummond Road and vacant lands in the eastern part of the corridor. Long term development along this corridor is envisioned as a mix of local serving commercial uses at the intersection of Drummond Road, and mid -rise residential buildings. In addition to the built form policies of Part 2, Section 1.15.5 (iii), the following height and density provisions shall apply: • building heights shall grade from a maximum of 8 storeys at the east end to a maximum of 4 storeys at the west end; • development shall have a minimum net density of 65 units per hectare and not exceed 150 units per hectare. 3.8 Lands within the Portage Road Intensification Corridor may develop to a maximum height of 10 storeys, and a maximum density of 150 units per net hectare, at the south end of the corridor grading to a maximum height of 4 storeys, and a maximum density of 75 units per net hectare, at the north end. Densities shall not be less than 100 units per net hectare at the south end grading to a minimum of 50 units per net hectare at the north end. 3.9 The portion of Lundy's Lane to the west of Montrose Road is identified as an intensification corridor on Schedule A -2 to this Plan as this section is characterized by large lots capable of supporting intensification at varying levels. Intensification may take the form of: a) tourist commercial redevelopment that capitalizes on, and expands upon, the existing tourism infrastructure. Uses that serve as attractors, as well as indoor and outdoor recreational facilities, are encouraged; b) local- serving commercial uses which should be clustered in proximity to the intersections of Montrose Road and Kalar Road; and c) residential uses in accordance with the policies of Part 2, Section 4.2.30. Intensification Nodes - 8 - 3.10 Intensification nodes are geographic areas within which this Plan promotes and encourages residential intensification in order to regenerate and increase the vitality of existing commercial or industrial areas. Intensification nodes have been identified as having significant potential for medium and high residential intensification and are shown on Appendix A -2. It is not the intention of this Plan to promote the dislocation and re- designation of non - residential uses in order to achieve intensification but to provide guidance for long -term compatible co- existence of residential and non - residential uses within these nodes. Downtown and Drummondville Nodes 3.11 Downtown and Drummondville have been identified through Community Improvement Plans as nodes for residential intensification and are shown on Appendix A -2. 3.12 Within the Downtown Node: • a 4 storey height shall be permitted within the Zoning By -law as this respects the existing built form and also allows for a degree of intensification; • additional building height may be allocated in accordance with Schedule A -2(a); • residential uses may develop as part of a multiple use building or as stand -alone buildings; and • intensification and redevelopment in the eastern and western gateways is encouraged to be designed in an manner that creates a sense of arrival and also improves connections to the Downtown. 3.13 Within the Drummondville Node: • residential uses may develop as part of a multiple use building or as stand -alone buildings; • new development and /or redevelopment shall respect the existing built form of 4 storeys while allowing for intensification. • additional building height may be allocated in accordance with Schedule A -2 (b); • increases in building height may be considered for lands outside those designated for additional height through an amendment to the Zoning By -law, subject to the following criteria: • the subject lands, whether a single lot or a consolidation of lots, having sufficient lot area and frontage to provide for the building, parking and landscaped open space; General Policies for the Downtown and Drummondville Nodes 3.14 In order to support the revitalization and redevelopment of Downtown and Drummondville nodes, Council shall: Urban Design - 9 - • setbacks and separation distances are provided that are in character with adjacent properties so as to avoid or reduce impacts; • the scale and massing of the proposed building respects the surrounding built form; and • parking areas are adequately screened. (a) facilitate development and improvement so that these nodes become a focus for retail and commercial re- development and residential intensification; (b) promote development that builds on the unique features and heritage aspects of the nodes; and (c) consider the provision of additional public facilities and infrastructure to serve as both a catalyst for re- development and to support those living, working and visiting these nodes. 3.14.1 Both nodes have a mainstreet built form characterized by 2 to 3 storey buildings built to the sidewalk with little or no side yard setbacks. New development shall respect the existing built form. Urban Design Guidelines will be used as a guide to evaluating applications with respect to height and massing together with the following criteria: a) a built form that provides street frontage buildings with setbacks that are consistent with adjacent properties and parking located behind buildings is encouraged; b) the minimum building height shall be two storeys in order to promote an intensification of use and to reflect the built heritage; c) all new buildings and developments located: • in the Downtown: on Queen Street, Erie Avenue and River Road, and • within Drummondville: on Main Street and Ferry Street, shall provide active pedestrian - related uses at the street level; d) all new buildings and developments shall be designed not to overwhelm: e) all new buildings and developments shall be designed so as not to impede the views and vistas of natural or cultural heritage landscapes; f) all new buildings and developments shall be oriented to, and located to frame, the abutting streets and create a continuous street edge; 9) j) - 10 - • buildings listed on the Municipal Register of Heritage Properties; and • open space areas; buildings are not to create significant microclimatic effects on adjacent properties, open spaces or streets; h) the height and massing of mid -rise and high rise buildings must be carefully controlled to ensure that they complement the heritage character of these nodes and are sensitive to adjoining properties. In this regard, such buildings are to: • be designed to provide a height transition to the street and adjacent developments by incorporating stepbacks above 15 metres; • be designed so as to reduce and /or mitigate their mass with increasing height; • with respect to Downtown, tier downwards to the east from Cataract Avenue to provide a pedestrian scale along River Road and to respect the presence of the Niagara Gorge; • incorporate a distinctive roof feature as a skyline element; and • any vents, mechanical equipment, elevator penthouses and other similar building components located on the roof should be integrated with the architectural treatment of the roof and screened from view; i) parking is encouraged to be located on -site within parking structures, which shall be integrated with the principal development and have pedestrian -scale uses along any street frontage. Surface parking shall be located in the rear yard and appropriately buffered from the street; and shared parking arrangements and reductions to parking requirements may be considered on a site specific basis. Proposals for either may be required to be supported by a Parking Demand Analysis to the satisfaction of the Director of Transportation Services and the Director of Planning, Building and Development. Street System 3.14.2 The built form of these nodes supports pedestrian activity and the use of public transit. This Plan supports the maintenance of an active and safe pedestrian environment through the following policies and Urban Design Guidelines: Heritage 3.14.3 These nodes exhibit a rich architectural heritage comprised of several architectural styles and periods including buildings designated under the Heritage Act, as well as buildings or properties listed on the Municipal Register of Heritage Properties. Development adjacent to and surrounding any significant heritage properties shall be designed so as not to adversely impact on the character, quality or amenity associated with the heritage resource. New development shall be of original design which reflects the character of the heritage buildings through consideration of massing, scale and, to a lesser degree, elements and details. Particularly in infill situations, new development, should respect the height, street wall setback and massing of adjacent heritage buildings and /or reintegrate those aspects of heritage design which have been lost in a particular street segment. Property Consolidation a) Clearly defined pedestrian routes, including easily navigable, barrier free sidewalks, open spaces, walkways and cross walks, will be identified separately from vehicular traffic areas. All new development should maximize opportunities to create, define and enhance pedestrian routes. Alleyways and other mid -block connections should provide a safe and engaging route for pedestrians; and b) Improvements to streets and streetscapes to create attractive streetscapes through measures such as consistent street furniture and directional signage, a range of pavement materials, planting of street trees, and increased sidewalk widths. 3.14.4 Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City's involvement in property acquisition, investment and public /private partnerships. Council may also consider selling surplus City -owned land for redevelopment. In such cases, the City will also undertake a process that requires interested parties STAMFORD NODE - 12 - to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: • compliance with the policies of this Plan; • consistency with the goals and objectives of the Community Improvement Plan; • sensitivity of the proposal to the surrounding land uses and heritage character; • the potential of the proposal to stimulate further regeneration and intensification; and • the financial impacts of the proposal on the City. 3.15 The boundaries of the Stamford Node are shown on Schedule A -2(c). The lands between O'Neill Street and Thorold Stone Road and that have frontage onto Portage Road, are identified as the Portage Road Intensification Corridor on Schedule A -2. 3.16 Within the Stamford Node: 3.16.1 Residential intensification may develop as either stand alone buildings or together with commercial uses as mixed use buildings. 3.16.2 Residential uses within the Stamford Node may develop in accordance with the height and density strategy shown on Schedule A -2(c). 3.16.3 Building heights shall respect surrounding building heights. Taller buildings shall increase separation distances from buildings of lower height. Building heights shall also decrease with proximity to the street. 3.16.4 Development shall engage the street through the use of unit frontages, podiums, porte cocheres or landscaping. Within multiple use buildings, commercial uses shall fully occupy the whole of the ground floor, preferably with retail or service commercial uses located such that they provide a pedestrian presence along the street. 3.16.5 Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have retail or service commercial uses or residential units when abutting street frontages. 3.16.6 Where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area - 13 - shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers the parking area from adjacent uses and streets. 3.16.7 Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By -law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning and Development in consultation with Transportation Services. 3.16.8 Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. 3.16.9 Amenity space is to be provided for residential uses and may take the form of: • private on -site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District. 3.16.10 Developments on lands that do not have direct access to an arterial road shall be designed such that traffic movement on local streets is minimized. In such situations, optimum densities as envisaged by this Plan may not be achievable. High density developments that are 6 storeys or more in height or exceed 50 units per hectare shall have direct access onto an arterial road. 3.16.11 In order to comprehensively plan the re- development of the Brownfield and Greyfield lands located south of Thorold Stone Road, east of Carroll Avenue and Portage Road, a Neighbourhood Plan may be prepared pursuant to the policies of PART 4, Section 3, Community Secondary Plans and Neighbourhood Plans. In addition to these policies, the Neighbourhood Plan will consider appropriate amendments to the land use designations as shown on Schedule A to this Plan. Accordingly, notwithstanding PART 4, Section 3, any Neighbourhood Plan for this area shall be adopted as an amendment to this Plan. 3.16.12 The lands designated Industrial, which are located on the north side of Thorold Stone Road, abutting the west side of the CN Rail line, are of sufficient size and are of a configuration which could accommodate either a mixed employment/residential use or a solely residential redevelopment. Redevelopment shall be planned and - 14 - undertaken comprehensively through a Plan of Subdivision and Amendments to this Plan and the Zoning By -law. Redevelopment Plans shall have regard to the following: 3.16.12.1 Mixed employment/residential uses may redevelop in accordance with the provisions of the zoning by -law and the following policies: a) Employment uses shall be located within the southern area of the lands; b) Employment uses shall be accessed directly from Thorold Stone Road; c) Landscaping shall be provided along the Thorold Stone Road frontage; d) Any property line that abuts residential land uses shall be appropriately screened and buffered; e) Outside storage is not permitted; f) Development of residential uses shall have regard to the policies of 3.16.12.2, below; and g) Acceptable variations of the zoning which may be deemed compatible with the surrounding area. 3.16.12.2 Residential uses, either as part of a mixed Employment/Residential or a sole Residential development, may redevelop having regard to the following policies: a) Development shall proceed by way of a Plan of subdivision; b) A Record of Site Condition shall be required in accordance with PART 3, Section 6 of this Plan to verify that the lands have been appropriately remediated for residential use; c) A noise and vibration study shall be provided. Mitigating provisions are to be included in the design of development; d) A mix of housing types shall be provided; e) Lower density housing forms shall be located internally with access provided through the extension of local area roads; f) Lower density housing forms shall have a building height and massing that is consistent with the adjacent residential neighbourhood; - 15 - MORRISON /DORCHESTER NODE g) Apartment dwellings up to 6 storeys high, may be developed in the southern area of the site and shall be accessed directly from Thorold Stone Road; and h) The overall minimum density for residential development shall be 20 units per hectare. 3.17 The Morrison /Dorchester Retail District is surrounded by three large areas suitable for intensification. Redevelopment for employment at higher densities should generally be located south of Morrison Street and west of Dorchester Road. Long term development within this node is envisioned as a mix of major commercial /institutional uses with a range of residential uses and densities. 3.18 Development proposals for residential intensification shall conform to the following: 3.18.1 Residential uses may develop as stand alone buildings or as a plan of subdivision or together with commercial uses as part of a mixed use development. 3.18.2 Residential uses may develop in accordance with the height and density strategy shown on Schedule A -2(d). 3.18.3 Development proposals for intensification shall comply with the following: 3.18.3.1 Building heights shall respect surrounding building heights. Taller buildings shall increase separation distances from buildings of lower height. Building heights shall also decrease with proximity to the street. 3.18.3.2 Development shall engage the street through the use of unit frontages, podiums, porte cocheres or landscaping. Within multiple use buildings, commercial uses shall fully occupy the whole of the ground floor, preferably with retail or service commercial uses located such that they provide a pedestrian presence along the street. 3.18.3.3 Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have retail or service commercial uses or residential units when abutting street frontages. - 16 - 3.18.3.4 Where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers the parking area from adjacent uses and streets. 3.18.3.5 Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By -law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning and Development in consultation with Transportation Services. 3.18.3.6 Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. 3.18.3.7 Amenity space is to be provided for residential uses and may take the form of: • private on -site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District. 3.18.3.8 Developments on lands that do not have direct access to an arterial road shall be designed such that traffic movement on local streets is minimized. In such situations, optimum densities as envisaged by this Plan may not be achievable. High density developments that are 6 storeys or more in height or exceed 50 units per hectare shall have direct access onto an arterial road. 3.19 Any intensification shall only proceed when servicing and traffic have been confirmed to be sufficient for both the existing and proposed land use. " ii) PART 2, SECTION 1 - RESIDENTIAL is hereby deleted in its entirety and replaced with the following: - 17 - PART 2 - LAND USE POLICIES SECTION 1 - RESIDENTIAL Preamble The policies of this section are intended to guide the provision of housing which is affordable, accessible, adequate and appropriate to the needs of a full range of households in the City and to guide the development and redevelopment of Residential lands shown on Schedule "A" of this Plan. The City will ensure that a sufficient supply of land is available, on a continuing basis, to accommodate all forms of housing and that appropriate opportunities are provided for residential intensification. Lands designated for residential use shall be sufficient to accommodate anticipated population growth and the need for various housing types and densities throughout the period of the Plan. Residential development should occur in a manner which is compatible with the surrounding neighbourhood. Various amenity features will be incorporated within developments to ensure pleasant living conditions and a high quality of life. While housing represents the main component within this land use designation, other compatible land uses serving area residents which contribute to and enhance the surrounding residential environment will be encouraged and permitted in order to achieve a complete community. GENERAL POLICIES 1.1 The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households. Predominant uses shall include single detached and semi - detached dwellings, duplexes, triplexes, quadroplexes, townhouses, apartments, group homes and other forms of residential accommodation. 1.2 Opportunities for a choice of housing including type, tenure, cost and location shall be provided to meet the changing needs of households throughout the Built -up Area and Greenfield Area. In order to achieve this goal, the City shall support the following: 1.2.1 Multiple unit developments, smaller lot sizes and innovative housing forms. 1.2.2 Development of vacant land, and more efficient use of under - utilized parcels and existing housing stock. 1.2.3 The full utilization and consolidation of properties to achieve larger scale and more comprehensive residential development. 1.2.4 Development of housing in conjunction with commercial developments. - 18 - 1.3 A variety of ancillary uses may also be permitted where they are compatible with the residential environment and contribute to a complete community. Ancillary uses shall include, but are not limited to schools, churches, nursing homes, open space, parks, recreational and community facilities, public utilities and neighbourhood commercial uses. In interpreting compatibility, ancillary uses will be assessed according to the following principles. 1.3.1 Ancillary uses within the Built -up Area that have the potential of generating large volumes of traffic are generally encouraged to locate: • on an arterial or on a collector in proximity to an arterial road in order to minimize disturbances to area residents; • such that area residents can conveniently access the uses by means of walking, cycling or motor vehicle; and • in proximity to a transit stop. 1.3.2 Ancillary uses within the Greenfield Area shall be provided for through design within secondary plans taking into consideration the above criteria. 1.4 Accessory uses to residential such as Bed and Breakfast accommodations, Cottage Rental Dwellings and Home Industries within owner - occupied homes may be permitted by zoning by -law amendments where they are considered to be compatible with the residential neighbourhood. The establishment of such facilities will be carefully regulated as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. 1.5 The development and redevelopment of residential lands in the City shall be by plan of subdivision incorporating a mix and variety of dwellings and supporting uses to foster the development of a complete community. Consents to sever individual parcels of land shall only be permitted when it can be demonstrated that a plan of subdivision is not necessary to implement the policies of this Plan or applicable secondary plan. 1.6 Building heights referred to in this Plan through the text and schedules are intended as a general guide. Consideration may be given in specific situations to allow suitable, well designed developments that exceed these height guidelines through an implementing zoning bylaw amendment. 1.7 Minor increases in height and /or density may be allowed for individual multiple unit proposals in accordance with the Bonus Zoning provisions contained in Part 4, Section 4 of this Plan. - 19 - 1.8 All residential development shall require proper and adequate municipal services. The municipality shall promote phased development to maintain logical, outward growth in residential areas in accordance with the policies of PART 3, Section 1. 1.9 Exposure of new residential development to less compatible land uses such as arterial roadways, highways or railway lines shall be minimized. In order to protect residential development from such uses, studies may be required and appropriate measures such as landscaping, berming or other buffering techniques may be required determine impacts and recommend mitigation measures. 1.10 Second units within single detached dwellings may be permitted within residential areas subject to certain standards outlined in the Zoning By -law and other applicable regulations such as the Ontario Building Code. Council may consider the registration of second units through a Registration By -law pursuant to the Municipal Act. 1.10.1 Zoning regulations related to second units in residential zones shall be based on the following: (a) The second unit in a single detached dwelling may occupy up to half of the gross floor area of the entire dwelling. (b) The addition of a second unit shall maintain the overall character of the dwelling as a single detached dwelling. (c) The lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas for both the principal dwelling and the second unit. (d) The property shall meet all zoning requirements with respect to lot frontage, area, depth, parking, landscaping and design. (e) Areas within the City that have sanitary servicing constraints shall be zoned so as not to permit second units. 1.11 Affordable housing is to be provided within the Built -up Area and Greenfield Area. 1.11.1 Applications for draft plan approval of subdivisions shall include, as part of a planning report, an assessment of how the proposal will contribute to meeting affordability and demographics through subdivision design and housing mix. 1.11.2 The City, in its review of subdivision /rezoning applications, will encourage provision of varying lot sizes, housing form and unit size in order to contribute to affordability. - 20 - 1.11.3 In disposing of surplus lands that are suitable for residential use, Council shall consider offering the lands to not - for - profit organizations for affordable housing. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. 1.11.4 The City will participate with Regional Niagara and other agencies in the provision of affordable housing and the development of targets for affordable housing. 1.12 Rooming, boarding and lodging houses may be permitted by the Zoning By -law subject to the following policies: 1.12.1 The site is suitably located with convenient access to public transit and commercial districts. 1.12.2 The lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas. 1.12.3 The Ontario Building Code, the Maintenance and Occupancy Standards By -law, as well as health and safety requirements can be satisfied. 1.12.4 The structure and use would be compatible with the surroundings or, satisfactory buffering measures can be introduced to achieve such compatibility. 1.13 Rental accommodation shall be protected throughout the municipality by such measures as the Residential Tenancies Act and the City's Condominium Conversion Policy, which discourages the conversion of rental accommodation when the vacancy rate is below 3 per cent. 1.14 The housing market within Niagara Falls shall be monitored on a Community Planning District basis, as well as Built -up Area and Greenfield Area, and the City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing - related information with particular emphasis on the following items. 1.14.1 Residential land supply. 1.14.2 The range of housing forms produced in new residential development. 1.14.3 New housing prices relative to household income distribution. 1.14.4 Intensification performance analysis. BUILT -UP AREA -21 - 1.15 It is recognized that opportunities exist throughout the Built -Up Area as shown on Schedule A -2 to create new housing units. Intensification, while maximizing the density of a given land area, shall be designed to integrate into the surrounding neighbourhood. The following policies are to be considered in the design of residential development, intensification and infilling and read in conjunction with the policies of PART 1, Sections 2 and 3: 1.15.1 The character of the existing neighbourhoods within the Built - up Area shall be retained. Accordingly, residential development, intensification and infilling shall blend into the lot fabric, streetscape and built form of a neighbourhood. 1.15.2 A gradation of building heights and densities will be encouraged together with sufficient horizontal separation distances between taller buildings and low rise dwellings in order to ensure a complementary arrangement of residential uses. 1.15.3 Generally, development within the Built -up Area should be at a higher density that what currently exists in the neighbourhood. A harmonious mix of single and multiple accommodation will be encouraged throughout the Built -up Area so that at any one time a variety of housing types will be available suitable for different age groups, household sizes and incomes. 1.15.4 The conservation and renewal of the existing housing stock shall be encouraged as an important element in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non - residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By -law. 1.15.5 Single detached housing is the dominant housing form in existing residential neighbourhoods. Increasing the amount of various types of multiple residential accommodation is encouraged in order to provide for an overall mix of housing within the all communities. The inclusion of various housing forms through subdivisions, intensification and infilling shall not be mixed indiscriminately, but will be arranged in a gradation of building heights and densities according to the following policies: (i) - 22 - Single detached, semi - detached, street townhouses, block townhouses and other compatible housing forms are to be developed to a maximum net density of 40 units per hectare with a minimum net density of 20 units per hectare and should generally be located on local or collector streets. Such housing forms are to be of a height, massing and provide setbacks that are in character with the surrounding neighbourhood. (ii) Stacked townhouses, apartments and other similar multiple unit structures with building heights of not more than 4 storeys can be developed to a maximum density of 75 units per hectare with a minimum density of 50 units per hectare. Such development shall generally be located on collector roadways and should be designed with a street presence that is in character with the surrounding neighbourhood. In addition, setbacks should be appropriate for the building height proposed and greater where abutting lands are zoned for single or semi- detached dwellings. (iii) Apartments with building heights of not more than 6 storeys can be developed up to a maximum density of 100 units per hectare with a minimum density of 75 units per hectare. Such development shall be located on lands that front onto arterial roads. Moreover, development should be on current or planned public transit routes and in proximity to commercial areas. In addition, development shall comply with the following: • architectural treatments such as stepped or articulated built form, changes in exterior cladding and roof features are to be employed to lessen impacts of taller buildings; • rear yard setbacks are to be equal to building height and interior side yards shall be appropriate for the building height proposed in relation to abutting land uses; • street frontages shall be engaged through the use of porte cocheres, podiums or landscaping; • parking is encouraged to be located within parking structures that are integrated with the development; and • where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers it from adjacent uses and streets. GREENFIELD AREA - 23 - 1.14 The Greenfield Area as shown on Schedule A -2 is to develop as complete communities at a small scale. Not more than 60% of new housing units are to be built in the Greenfield Area on an annual basis by the year 2015. Secondary planning shall be the primary implementation tool for the development of the Greenfield Area. The following policies shall apply to the preparation of secondary plans and to subdivision proposals where secondary plans do not currently exist. 1.14.1 The density of development shall be Tess than 53 people and jobs per hectare. The calculation shall be made over the gross developable land area at a secondary plan scale, which is defined as total land area net of natural heritage areas identified for protection under this Plan, the Regional Policy Plan, any provincial plan or Niagara Peninsula Conservation Authority regulation. 1.14.2 A diverse range of uses is to be provided including neighbourhood commercial facilities and community services and employment. These uses shall be located and designed such that they compatibly integrate with the built and natural environments. 1.14.3 A range of housing types is to be provided in terms of both form and affordability. Multiple unit housing developments are to be integrated into the form of the neighbourhood in accordance with the following: (i) Steep gradients of building heights are to be avoided. (ii) High density housing should be located within 250 metres of an arterial road. (iii) High density housing should be designed to avoid undue microclimatic impacts on abutting lands. (iv) Structured parking is encouraged to be utilized in the development of high density housing. (v) Increases in height may be permitted, through site specific amendments to the Zoning By -law, pursuant to s.37 of the Planning Act in exchange for the provision of housing units that meet the criteria established for affordability within the Provincial Policy Statement. 1.14.4 Street configurations and urban design are to support walking, cycling and the early integration and sustained viability of public transit. Although detailed urban design guidelines may be developed through the secondary planning process, the following policies shall apply as a minimum: - 24 - (i) All collector roads are to be designed to accommodate public transit. (ii) Transit routes should be designed such that potential users have no more than 300 metres to walk to a transit stop. (iii) Neighbourhoods should be designed on a modified or fused grid pattern with interconnected streets. Block lengths should not exceed 250 metres. Along Natural Heritage Features which will be accommodating public trails local roads shall dead end at the feature thus providing a viewshed of the natural area s well as providing direct public access to the trail. (iv) Sidewalks are to be provided on at least one side of a local road and on both sides of a collector or arterial road. (v) CuIs -de -sac are discouraged. Abutting culs -de -sac should be connected by parkland or open space. Pedestrian connections are to be provided out of culs -de -sac. (vi) Off -road trails should connect to the road network seamlessly in order to provide cyclists with on -road or off -road options. (vii) Commercial and employment uses are encouraged to provide facilities for bicycle storage and cyclists. (viii) Speed control programs should be utilized to reduce traffic impacts within residential neighbourhoods. (ix) Pedestrian connectivity, in addition to a formal trail system, is encouraged to lessen walking distances to public facilities, such as schools, parks and neighbourhood commercial uses. iii) PART 2, SECTION 2 - PARKWAY RESIDENTIAL, POLICY 2.8 is hereby amended by adding the following phrase at the end of the sentence: "in compliance with the environmental policies of Part 2, Section 11 of this Plan." iv) PART 2, SECTION 3 - COMMERCIAL is amended as follows: a) The following is added as the third paragraph to the PREAMBLE: "Commercial areas can also be strengthened through the introduction or expansion of residential uses to create mixed use areas. This Plan promotes and encourages residential intensification in order to regenerate and increase the vitality of existing commercial areas. It is not, however, the intention of this Plan to promote the dislocation and "DOWNTOWN - 25 - re- designation of non - residential uses in order to achieve intensification. Rather, this Plan provides guidance for long -term compatible co- existence of residential and non - residential uses within these nodes." b) The following is added as a new Policy 3.1.2: "3.1.2 Several commercial areas have been identified on Schedule A -2 as having significant potential for medium and high residential intensification so as to create mixed use areas. New development or redevelopment within these nodes shall be subject to the policies of Part 1, Section 3." c) Policy 3.2.2 is deleted in its entirety and replaced with the following: 3.2.2 The Downtown was, historically, the centre of commerce in the City. While this function has subsided recently, this area has the potential for the re- development of substantial retail and commercial floor space. In addition, the Downtown CIP area is identified as a node for residential intensification on Schedule A -2. This Plan envisages the area as a mixed use commercial node. 3.2.2.1 A potential retail gross floor area of 40,000 square metres is envisaged. Uses that serve the Downtown, as well as City residents as a whole, such as a supermarket, are encouraged. 3.2.2.2 The development of 1,000 dwelling units is anticipated. Residential uses may develop as part of a multiple use building or as stand -alone buildings. Proposals for residential development shall comply with the policies of Part 1, Section 3. 3.2.2.3 Arts, entertainment and cultural facilities are encouraged to locate in the Downtown to provide day and evening activity year round and foster a lively and vibrant people place for residents and visitors. 3.2.2.4 Public transit will play a fundamental role in the development of Downtown. The VIA Rail Station, GO Transit and inter -City bus terminus, and Niagara Transit transfer area create a major public transit node. The area within a 500 metre radius is considered by the Growth Plan for the Greater Golden Horseshoe as a Major Transit Station Area and will be a focus of intensification with increased residential - 26 - and employment densities that support and ensure the viability of existing and planned transit service levels. d) The phrases "Niagara Square Retail District ", "Northwest Retail District" and "Stamford Retail District" are inserted before Policies 3.2.3, 3.2.4 and 3.2.5 (respectively). e) Policy 3.2.3 is amended by deleting the phrase "anchored by the Niagara Square shopping centre including major and /or junior department stores" in the first sentence and replacing it with "comprising of three major commercial developments ". g) f) Policy 3.2.3.3ii) is amended by deleting the phrase "after January 1, 2011 if supported by a Market Impact Study" in the first sentence. Policy 3.2.4.1 is deleted in its entirety and replaced with the following: "3.2.4.1 A shopping centre on the east side of Montrose Road shall not exceed 24,154 square metres of gross leasable floor area." h) Policy 3.2.5 is deleted in its entirety and replaced with the following: "3.2.5 The Stamford Retail District functions as a principal shopping district providing a full range of retail uses to meet the weekly shopping requirements of residents. The district contains a wide range of uses from local commercial, high density residential, and major commercial plazas, north of the intersection with Thorold Stone Road, all fronting onto Portage Road. Local serving commercial uses are located at the intersection and extend sporadically, intermixed with single detached dwellings, southward along both Portage and Drummond Road toward Gallinger St. Brownfield and greyfield sites are located east of Portage Road. 3.2.5.1 Council may consider zoning by -law amendments for residential projects subject to Part 1, Sections 3.1 to 3.4 inclusive, 3.15 and 3.16." i) The phrase "Morrison /Dorchester Retail District" is inserted before Policies 3.2.6. 1) Policy 3.2.6 is amended by: i) deleting the last sentence in the first paragraph and replacing it with the following: "Notwithstanding any other policies of Section 3.2, commercial development within this district shall be permitted as set out below. "' - 27 - ii) adding the following as paragraph 2: "In addition, the Morrison /Dorchester Retail District, together with abutting lands, has been designated on Schedule A -2 as a node for intensification. Significant intensification can be achieved through the redevelopment of lands. Long term development along this corridor is envisioned as a mix of major commercial /institutional uses with a range of residential uses and densities. Development proposal for intensification shall conform to policies 3.2.6.4 to 3.2.6.6. " iii) deleting the second sentence of Policy 3.2.6.2 in its entirety and adding the phrase "and service commercial uses" to the end of the first sentence. iv) deleting the last sentence of Policy 3.2.6.3 in its entirety and replacing it with the following: "The development of these lands shall not exceed a maximum gross leasable floor area of 18,786 square metres." v) Policies 3.2.6.3 i) and 3.2.6.3 ii) are both deleted in their entirety and Policy 3.2.6.3 iii) is renumbered to 3.2.6.3 ii). The following policy is added: 3.2.6.3 i) The supermarket shall not exceed 16,460 square metres of gross leasable floor area. In addition the supermarket shall not exceed 7,432 square metres of FCTM floor space, 6,503 square metres of DSTM floor space and 2,525 square metres of non -DSTM services. A maximum of 2,326 square metres of gross leasable floor space may be provided in separate buildings, of which a maximum of 930 square metres may be DSTM floor space, with the balance as non -DSTM floor space. k) Policy 3.3.1.4 is deleted in its entirety and replaced with the following: "3.3.1.4 The exceptions shall be the Drummondville Area, which is subject to the policies of Part 1, Section 3, and the lands fronting on Cummington Square where a compact building form, close to the sidewalk, shall be encouraged in order to maintain the existing pedestrian oriented environment." I) A new Policy 3.3.1.5 is added as follows: "3.3.1.5 DRUMMONDVILLE Drummondville, like the Downtown was historically the centre of commerce in the City. While this function has subsided recently, this area has the potential for the re- development of substantial retail and commercial floor space. In addition, the Downtown CIP area is identified as a node for residential - 28 - intensification on Schedule A -2. This Plan envisages the area as a mixed use commercial node. i) Commercial re- development is encouraged that serves local residents and, notwithstanding policy 3.3.1, also attracts a broader population and tourists. In recognition of this, a section of the Lundy's Lane and Main Street have been identified as Retail Street on Figure 2 of Part 2, Section 4 of this Plan and shall be subject to Policy 4.3.8 of Part 2. ii) Commercial redevelopment of Drummondville should capitalize on the heritage attributes of the area, specifically the Battle of Lundy's Lane battlefield, the Lundy's Lane Historical Museum, and an expanded and revitalized Sylvia Place Market. The Market and Museum should serve as a focal point for the area, attracting both residents and tourists. The Market is envisioned to have a presence and visibility on both Main Street and Ferry Street. iii) The development of 1,000 dwelling units is anticipated. Residential uses may develop as part of a multiple use building or as stand -alone buildings. Proposals for residential development shall comply with the policies of Part 1, Section 3." m) Policy 3.4 is amended as follows: i) The last sentence of Policy 3.4.1 as well as Policies 3.4.1.1, 3.4.1.2, 3.4.1.3 are hereby deleted in their entirety. ii) The phrase "3.4.2 Built Up Area" is inserted after Policy 3.4.1. iii) Policy 3.4.1.1 is hereby renumbered 3.4.2.1. iv) Policy 3.4.1.2 is hereby deleted in its entirety and replaced with the following: "3.4.2.2 Neighbourhood commercial facilities shall be integrated into the neighbourhood into which they are to be located in terms of built form; the location of on -site parking and on -site delivery areas; and landscaping." v) A new policy is added: "3.4.2.3 Neighbourhood commercial facilities may locate not less than 500 metres from any other commercial development." vi) Policy 3.4.1.3 is renumbered to 3.4.2.4. - 29 - n) The following new policies are added: "3.4.3 GREENFIELD AREA 3.4.3.1 Neighbourhood commercial facilities within the Greenfield Area are to be limited to not more than 930 square metres of total floor area across an individual secondary plan area unless substantiated by appropriate studies in the preparation of the secondary plan. 3.4.3.2 Drive through facilities are not permitted as part of a restaurant or retail store. 3.4.3.3 Retail stores should be limited to a size that does not compete with community serving facilities. 3.4.3.4 Parking areas should be located in the interior side or rear yards and screened from adjacent uses by decorative fencing and landscaping. 3.4.3.5 Residential uses may be permitted in the Zoning By law in order to create mixed use buildings. 3.4.3.6 (i) Residential units are encouraged to be provided where total gross leaseable floor area exceeds 370 square metres; (ii) Residential units should be located above the ground floor. (iii) Private amenity space should be created by the incorporation into the building of balconies and roof top patios. Shared parking facilities may be permitted through an amendment to the Zoning By law, conditional upon the submission by the applicant of a parking demand analysis to the satisfaction of the Planning and Development Division in consultation with Transportation Services. o) Policy 3.5 GENERAL POLICIES is amended as follows: i) Policy 3.5.1 is deleted in its entirety. ii) Policies 3.5.2 to 3.5.4 (inclusive) shall be renumbered to 3.5.1 to 3.5.3 (inclusive). - 30 - iii) Policy 3.5.5 is deleted and replaced with: "3.5.4 While this Plan promotes and encourages residential intensification of lands designated major and Minor Commercial, it is also recognizes that there is the potential for land use conflicts with intensification. Accordingly, an applicant may be required to undertake studies to determine impacts and provide mitigation measures." v) PART 2, SECTION 4 - TOURIST COMMERCIAL is amended as follows: a) Policy 4.1.4 is deleted in its entirety and replaced with: "4.1.4 "This Plan also recognizes that the tourism and accommodation sector is a major source of employment for residents of the City and the Region. As such, lands designated Tourist Commercial are considered to be employment lands and the policies regarding conversion of employment lands to non - employment uses contained in PART 4, SECTIONS 2.9 and 2.10 apply except as provided for in this Plan." b) Policy 4.2.9 is deleted in its entirety and replaced with the following: "4.2.9 Residential uses shall be permitted throughout lands designated Tourist Commercial either as stand alone or mixed use buildings in order to assist in creating a complete community in accordance with the policies of this section and PART 1, Section 3. c) Policy 4.2.26 is deleted in its entirety and replaced with: "4.2.26 d) Policy 4.2.27 is deleted in its entirety and replaced with the following: "4.2.26 The Lundy's Lane District is envisioned over the long term as a primarily tourist commercial corridor existing compatibly with local- serving commercial facilities and residential uses." The portion of Lundy's Lane to the east of Montrose Road is intended to function primarily as a community serving and tourist commercial corridor. Residential intensification within this corridor shall be in accordance with Part 1, Section 3.9." e) Policies 4.2.30 and 4.2.31 are renumbered to 4.2.32 and 4.2.33, respectively. -31 - The following Policies are added: "4.2.30 The Lundy's Lane Satellite District interfaces primarily with residential lands north and south. To lessen potential land use conflicts with the residential lands, commercial development shall be designed in accordance with the following: a) screening and buffering is to be provided adjacent to residential lands through a combination of fencing and landscaping; b) loading areas are to be located within interior side yards; c) garbage and recycling materials are to be stored within fully enclosed structures; d) access ramps onto intersecting roads are to be located as far from the residential interface as possible; and e) any signage shall not be illuminated when facing residential lands. 4.2.31 The following policies shall apply to development proposals for residential intensification within the intensification corridor: a) Residential uses may be in the form of stand alone buildings, located and designed such that they do not interrupt the continuity of the existing tourist commercial development, or as part of multiple use buildings. Within multiple use buildings, commercial uses shall be designed to avoid conflict with residential uses in the building and oriented such that they provide a pedestrian presence along the street. b) Developments shall engage the street through the use of unit frontages, podiums, porte cocheres, landscaping or by locating amenity space within the building close to the street. c) Residential uses may develop to a maximum building height of 6 storeys, with a maximum density of 100 units per hectare and a minimum density target of 50 units per hectare. d) Building heights shall respect surrounding building heights site specifically by increasing separation distances from buildings of lower height and from public open spaces. e) Buildings shall be sited such that rear yard setbacks g) j) - 32 - vi) PART 2, SECTION 9 - INDUSTRIAL is renumbered to PART 2, SECTION 8 - INDUSTRIAL and is amended as follows: a) The PREAMBLE is amended by: are equal to building height and interior side yards are appropriate for the building height proposed in relation to abutting land uses; f) Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have active pedestrian uses or residential units when abutting street frontages. Where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers it from adjacent uses and streets. h) Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By -law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning and Development in consultation with Transportation Services. i) Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. Amenity space is to be provided for residential uses and may take the form of: • private on -site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District." i) deleting the second sentence of the first paragraph and replacing it with the following: "To this end, the Plan promotes infilling and redevelopment within established industrial districts in the Built -up Area, as well as the progressive development of lands within the Greenfield Area for - 33 - new industry and employment uses." ii) adding the sentence "The proximity of employment uses to residential and other uses is, however, critical in the future growth of the City as a complete community. " to the end of the second paragraph. iii) adding the words "and diversity' after the words 'economic growth' in the first sentence of the third paragraph. b) Policies 9.1 is renumbered to 8.2 and reference to 'Subsection 9.4' in the fifth sentence is replaced with 'Subsection 8.8' . c) A new Policy 8.1 is added: "BUILT -UP AREA 8.1 The City has a substantial supply of land available for industrial development within the Built -up Area. The redevelopment and intensification of this land supply for industrial and employment uses that are compatible with surrounding land uses is encouraged. 8.1.1 Conversion of brownfield sites to non - employment uses, where the removal of the industrial land is consistent with a Municipal Comprehensive Review, may be considered through an amendment to this Plan where at least one of the following criteria are met: • the provision of facilities that assist in the development of a complete community." ii) adding the following: • the reduction or elimination of any long- standing land use compatibility issues with surrounding conforming uses; • provision of affordable housing; • contributing to a mix of housing types and densities in the planning area; or d) Policy 9.2 is renumbered to Policy 8.3 and is amended by: i) adding the following in between the first and second sentence: "Moreover, industrial zones will be arranged in a gradation with the lighter, more prestige type industries located near residential areas and other sensitive land uses." - 34 - "8.3.5 General Industrial or Heavy Industrial zones will be separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and other offensive characteristics." e) Policies 9.3 and 9.5 are deleted in their entirety. f) Policy 9.4 is renumbered to Policy 8.4. g) Policies 9.6 and 9.7 are renumbered to 8.9 and 8.10 and the title "GENERAL POLICIES" is inserted before Policy 8.9. h) New Policies 8.5 to 8.8 (inclusive) are added as follows: "GREENFIELD AREA 8.5 Secondary planning within the Greenfield Area shall provide for industrial uses within the individual plan areas so as to assist in the creation of a complete community at the secondary plan scale. 8.6 Employment uses are to be integrated with the overall neighbourhood design and shall be located consistent with the Ministry of Environment D6 Guidelines. The following uses are permitted within secondary plan areas that contain residential and other sensitive and uses: 8.6.1 offices; 8.6.2 government services, research and, training facilities; 8.6.3 facilities for the production of alternate energy sources; 8.6.4 prestige industrial uses, including research and development facilities, communications facilities, and manufacturing and processing of fully processed materials deemed not to be obnoxious by reason of dust, odour, fumes, particulate matter, noise and /or excessive vibrations; 8.6.5 commercial facilities such as, but not limited to, restaurants, material suppliers, which are incidental to the employment designation industries and their personnel; and 8.6.6 ancillary retail and service uses which shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use 8.7 While urban design guidelines and architectural guidelines - 35 - may be developed for individual secondary plan areas, the following general design principles should apply to employment lands: 8.7.1 Building facades that face the street should utilize architectural treatments. Blank walls are to be avoided in favour of windows, articulations and changes in building materials. 8.7.2 Buildings should have a consistent setback from the street. 8.7.3 Outside storage, where permitted by the secondary plan, should be located in rear or interior side yards only. Storage areas are to be screened from views from the street. 8.7.4 Parking areas will be limited in size and proportion. Parking areas shall be generously landscaped along any street. 8.7.5 Loading and service areas are to be located in the rear or interior side yards. 8.7.6 Access driveways to the street should be minimized. Where possible, abutting lots should use combined driveways. QEW Employment Corridor 8.8 The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such lands within the City's urban area can be capitalized on for future employment growth. The corridor, located along the QEW as shown on Schedule A- 2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under - utilized parcels within the Built -up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway - 36 - Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The urban areas of Niagara Falls and Fort Erie are identified as the Gateway Economic Zone which is to be developed to support economic diversity and the promotion of cross - border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non - employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City. 8.8.1 The lands within the QEW Employment Corridor are intended to provide a long term base for the future development of uses that require access and exposure to the QEW. 8.8.2 The QEW Employment Corridor shall be protected from conversion to, and encroachment from, non - employment uses. 8.8.3 These lands are to be targeted for manufacturing, warehousing, wholesaling and logistics uses. In addition, offices and large scale institutional uses that require QEW access are also to be permitted. 8.8.4 Retail that is ancillary to the principal use, is permitted to a maximum of 25% of the gross floor area of the principal use but shall not exceed 465 square metres. 8.8.5 Automotive uses, service commercial including restaurants, printing shops, fitness and recreation and convenience stores and other uses that do not require QEW exposure and access are not to be permitted. 8.8.6 Development of lands within the QEW Employment Corridor should be designed in accordance with the design principles in the PART 2, Section 8.7 of this Plan and provide an architectural and landscape design that promotes the gateway character of the Corridor. 8.8.7 The lands on the east side of the QEW, south of the Welland River, designated Resort Commercial can provide for the development of employment uses, and as such, are included within the QEW Employment Corridor. These lands require further planning assessment regarding such issues as the appropriate uses to be permitted including land use designation, j) "NATURAL RESOURCES - 37 - road pattern, impacts on residential uses and natural heritage preservation. " i) Policy 9.8 is hereby deleted and replaced with the following: "8.11 In order to ensure that obsolete industrial buildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development." Policies 9.9 to 9.17 (inclusive) are renumbered as 8.12 to 8.20 (respectively). vii) PART 2, SECTION 10 - EXTRACTIVE INDUSTRIAL is renumbered to PART 2, SECTION 9 - EXTRACTIVE INDUSTRIAL and all subsections adjusted accordingly. viii) PART 2, SECTION 11 - NIAGARA ESCARPMENT PLAN is renumbered to PART 2, SECTION 10 - NIAGARA ESCARPMENT PLAN and all subsections adjusted accordingly. ix) PART 2, SECTION 12 - ENVIRONMENTAL PROTECTION AREAS is renumbered to PART 2, SECTION 11 - ENVIRONMENTAL PROTECTION AREAS and all subsections adjusted accordingly, and is amended by adding the following policies: 11.17 The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara to protect, maintain, rehabilitate or improve the quality of the natural resources within the municipality in accordance with environmental and natural resource management legislation. Natural resources include the categories of Forest Resources, Fisheries Resources, Wildlife Resources, Water Resources, Mineral Resources and Areas of Natural and Scientific Interest. 11.18 Land owners shall be encouraged to consult with the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Region of Niagara prior to commencing work of any kind on or adjacent to an area containing natural resources in order to determine the means by which to minimize potential adverse impacts. 11.19 Council will support and encourage the use of conservation agreements to maintain, enhance or restore land or wildlife; to protect and manage water quality and quantity, including drinking water sources; and the protection and management of watersheds. - 38 - 11.20 Prior to undertaking major public work projects on or adjacent to an area containing natural resources, the City shall consult the Ministry of Natural Resources in order to determine what design requirements or modifications may be necessary to eliminate or minimize any potential adverse impacts. 11.21 Development within areas containing significant habitat of endangered or threatened species and significant wetlands shall be prohibited. Development within areas containing other natural resources shall generally be prohibited. However, in considering development applications on or adjacent to such natural resources, or on lands adjacent to significant habitat of endangered or threatened species and significant wetlands, the City shall consult with the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara. These agencies shall be consulted in regard to the following matters. 11.21.1 The potential impact of the development proposal on the natural resources of the area. 11.21.2 Proposed methods by which to eliminate, minimize and /or reduce possible adverse impacts. 11.21.3 The feasibility of maximizing the benefits of the natural resource to the community, such as by providing or maintaining public access. 11.21.4 Determining alternative locations for the proposal. 11.21.5 The need for additional studies, including environmental special engineering designs and development controls, to ensure that the proposed development does not have a negative impact on the natural resources of the area or their ecological function. These studies shall be prepared by a qualified environmental specialist and should identify and assess all possible environmental impacts, detail proposed measures to protect the natural resources, and discuss the advantages and disadvantages of the development and its need in the natural resource location. 11.21.6 Compliance with all other policies in this Plan. 11.22 The City supports the natural heritage system approach which recognizes the importance of individual areas and features as well as the ties between them to the overall health of the natural environment. Linkages and natural corridors that connect the individual features can include valleylands, creeks, hedgerows, and service corridors. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural resource connections. - 39 - 11.23 The values and benefits of forest resources should be incorporated positively into the design of any development proposal occurring within the urban boundary. In such resource areas, development is to be designed in a sensitive manner and having regard to the following. 11.23.1 The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. A tree study may be required as a condition of development approval. 11.23.2 Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. 11.23.3 The incorporation of land with existing tree cover into the urban area park system, if appropriate. 11.23.4 The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. 11.23.5 Permitting the continued management and selective harvesting of forest resources, where appropriate. 11.24 The stewardship of urban woodlots and forested areas shall be promoted. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of development rights or land exchanges to safeguard important natural areas. 11.25 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By -law or any similar municipal by -law. 11.26 Land owners in Good General Agricultural and Rural /Agricultural areas as well as Niagara Escarpment Area shall be encouraged to recognize the forest resource as both a source of income from various forest products and as an important element in providing essential soil and water conservation benefits. In this respect, land owners shall be encouraged to carry out the following. 11.26.1 Employ proper forest management practices in consultation with the Ministry of Natural Resources and within the Niagara Escarpment Plan Area in accordance with Ontario Regulation 685/80 as amended. -40- 11.26.2 Retain existing tree cover wherever possible. 11.26.3 Discourage the grazing of livestock within woodlots. 11.26.4 Provide for the reforestation of non - productive or abandoned farmland. 11.26.5 Apply for tax reduction programs and other benefits associated with the protection and management of woodlots. 11.26.6 Maintain or establish tree and shrub cover on low agriculture capability soils and in hazardous areas such as steep slopes and flood prone areas, in order to reduce water runoff and minimize soil erosion. 11.27 The City recognizes the importance of ensuring the availability of an adequate supply of mineral aggregate for future use. Potential mineral resources, as identified in the Regional Niagara Policy Plan and the Ministry of Natural Resources Niagara District Land Use Guidelines, shall be protected by restricting land uses in these areas to those which do not preclude the option of future aggregate extraction. 11.28 The management of fisheries and wildlife resources shall be promoted in a manner that protects habitat and sustains species populations. In this regard, such resources shall be protected, maintained and improved by the appropriate agencies, groups and /or individuals and potential negative impacts from development and surrounding land uses shall be minimized. Any development affecting fisheries resources or site alteration affecting fisheries resource will not be permitted except in accordance with the Federal Fisheries Act as regulated by the Department of Fisheries and Oceans. 11.29 The City shall work with various provincial agencies and other groups in the protection of identified areas of natural and scientific interest. The educational, interpretive and recreational values of these resources shall be preserved by limiting development and surrounding land uses to those of a compatible nature. 11.30 The City shall prohibit the removal of topsoil as regulated by the City's Fill, Topsoil Removal or Site Alteration By -law and consider the approval of additional regulatory measures, as specified under the Topsoil Preservation Act. 11.31 The City shall promote the utilization of water conservation measures in an effort to reduce water consumption. The City will further investigate the use of water meters as a method of encouraging reduced water usage. -41 - 11.32 Any works adjacent to or within a waterway will require prior written authorization from the Niagara Peninsula Conservation Authority or the Ministry of Natural Resources. 11.33 A permit from the Niagara Peninsula Conservation Authority may be required for any works within areas regulated by the Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 11.34 The City shall consult with the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority, the Niagara Region and the Niagara Parks Commission for any development proposal along the Niagara River that may have an adverse impact on the watercourse. 11.35 The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with the Niagara Peninsula Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 11.36 Development along all valleylands and stream corridors, regardless of their designation in this plan, will be subject to a minimum setback of 7.5 metres from the top of slope or up to 30 metres for Type 1 fish habitat, whichever is greater, for all buildings or structures in accordance with the Niagara Peninsula Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 11.37 Where, as a result of a planning application, new floodline, valleyland, or stream corridor mapping has been generated to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific Zoning By -law amendment, the City's Zoning By -law will be amended accordingly. 11.38 Any development adjacent to natural valleys as identified on the Niagara Peninsula Conservation Authority's regulation mapping must obtain approval from the Niagara Peninsula Conservation Authority. This should occur during the review of planning applications. The City's Zoning By -law may recognize all valleylands and stream corridors through an appropriate zoning which incorporates minimum structural setbacks in accordance with the Niagara Peninsula Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06)." - 42 - x) PART 2, SECTION 13 - OPEN SPACE is renumbered to PART 2, SECTION 12 - OPEN SPACE and all subsections adjusted accordingly. xi) PART 2, SECTION 14 - SPECIAL POLICY AREAS is renumbered to PART 2, SECTION 13 - SPECIAL POLICY AREAS and all subsections adjusted accordingly. xii) PART 3, SECTION 1 - MUNICIPAL INFRASTRUCTURE is amended as follows: a) the PREAMBLE is amended by deleting the second paragraph in its entirety and by adding the phrase "(in accordance with the provisions of the Accessibility for Ontarians with Disabilities Act)" after the phrase `those with disabilities" in the third sentence of the last paragraph. b) Policy 1.1 is deleted in its entirety and replaced with the following: "1.1 PHASING OF GROWTH 1.1.1 Schedule B illustrates the Phasing Plan for the City. Lands shall be brought into the development stream in accordance with Schedule B and the policies of this section. Moreover, plans for expansion of, or for new services are to serve growth in a manner that supports the achievement of the greenfield density target and the intensification target of this Plan. 1.1.2 Greenfield Area 1.1.2.1 The development of lands in the Greenfield Area shall proceed in an orderly and efficient manner. 1.1.2.2 New development should occur as a logical extension of preceding development. 1.1.2.3 Land that is considered to be in -phase is that for which servicing has been included in the Five -Year Capital Works Program. 1.1.2.4 The determination of which lands may be brought into the development stream shall be based on land use, servicing and financial assessments that address the following criteria: • the supply of short term lands; • the extent of land that will benefit from servicing; • the use and the density at which the lands will be developed; • financing for the public works necessary for development to proceed; and • an assessment of the potential financial risk to the City. 1.1.2.5 Secondary plans shall provide details on the staging of development within the plan areas with respect to uses, residential densities, the extension of services and roads. 1.1.2.6 Proposals to bring out -of -phase lands into the development stream shall be assessed based on the following criteria: 1.1.2.7 An out -of -phase development may be the subject of a front - ending agreement, pursuant to section 44 of the Development Charges Act, or similar type of development agreement which shall be a condition of any application to amend this Plan and /or the Zoning By -law, or any site plan or subdivision or condominium agreement. 1.1.3 Built -up Area - 43 - • compliance with the policies of this Plan; • the extent of the inventory of in -phase lands and their availability; • the benefit to the City such as revenue generation, employment growth and contributions to the strategic goals of Council; • the financial risk to the City's taxpayers; • the impacts on approved development; and • whether infrastructure is planned for the lands. 1.1.3.1 Capital works expenditures shall be directed to the Intensification Areas shown on Schedule A -2 in order to resolve any servicing constraints that exist which may hinder the achievement of intensification. 1.1.3.2 Capital works expenditures within greenfields are not to jeopardize servicing improvements within the Built - up Area that will allow for the achievement of intensification." c) Policy 1.2 is deleted in its entirety and replaced with the following: "1.2 WATER AND SANITARY SEWAGE 1.2.1 The City shall implement a strategy for the systematic reduction or mitigation of combined sewer overflows in order to improve the effectiveness of the sanitary sewage system and to eliminate or reduce the negative impacts on the City's natural heritage system. The City will also continue its programs of sewer separation, extraneous flow reduction and waste water reduction with priority being given to intensification areas, nodes and corridors so as to - 44 - allow for the realization of the intensification targets in this Plan. 1.2.2 Municipal sanitary sewers and /or watermains shall not be extended beyond the urban area, except where required to correct a health problem as identified by the Regional Public Health Department and /or the Ministry of the Environment. 1.2.3 Council shall every five years, in accordance with the Development Charges Act, 1997, undertake a background study, including public consultations, and pass by -laws to implement Development Charges within the City that will be imposed to recover the costs of public services related to growth. The background study will consider the phasing of Greenfield lands, the realization of intensification targets as well as future land use in the determination of a Development Charge that is appropriate. 1.2.4 In general, development within the urban area shall be accommodated on the basis of full municipal services including sewers, storm sewers, water services and improved roadways. Outside of the urban area, Council shall cooperate with the Niagara Region in promoting individual sewage disposal systems which incorporate proven new technology achieving reduced volumes and /or improved quality of effluents." d) Policy 1.3 is deleted in its entirety and replaced with the following: "1.3 STORM DRAINAGE 1.3.1 It is required that all new development or redevelopment within the City be connected to and serviced by a suitable storm drainage system. Appropriate systems may include underground pipes, ditches, culverts, swales, man -made and natural watercourses, detention storage areas or any other storm water management system acceptable to Council, the Niagara Region, the Niagara Peninsula Conservation Authority, and other agencies. 1.3.2 Council shall not permit any new development or redevelopment where it would interfere with, or reduce, the drainage capacity of any natural watercourse or agricultural field drainage system, result in any erosion, pollution or drainage problems along watercourses and their tributaries. 1.3.3 Master storm water management plans shall be developed for watershed areas in advance major development or redevelopment in conjunction with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, and other agencies. Council 1.4 WASTE DISPOSAL 1.5 TRANSPORTATION - 45 - may adopt such plans as part of a secondary plan or Environmental Assessment. Where applicable, developers may be required to undertake storm water management studies for specific sites. 1.3.4 Storm water management plans shall incorporate the use and creation of naturalized overland systems. Naturalized off - stream ponds and wetlands are encouraged to properly regulate and control water quantity and quality flows going into natural watercourses. In addition to controlling water quality and quantity, such systems shall be as natural as possible to create habitat areas and where applicable, will be used to provide linkages to other natural features. 1.3.5 In the review of development or redevelopment proposals, Council shall cooperate, where practicable, with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, and other agencies in any flood management study or engineering work that may be undertaken to improve or maintain the drainage capacity of natural watercourses. All existing storm drainage systems shall be maintained and improved in order to ensure their efficient operation and to minimize the potential for flooding. 1.3.6 The City will continue to implement sewer rehabilitation programs, including ongoing storm sewer and sanitary sewer separation, detention ponds, in -line storage and other improvement works. 1.4.1 It is recognized that the management of solid waste is the responsibility of the Niagara Region. Proposals for new, or expansions to existing, waste disposal sites will require amendments to the Official Plan and Zoning By -law. 1.4.2 In the selection and approval of sites for landfill use, the City will require that certain items be examined and reported on such as the social, economic and environmental effects of the creation of such landfill sites, assessment of alternatives to landfill uses and views of affected citizens. These items will be in keeping with the Environmental Assessment Act and requirements of the City. • Transportation corridors The City's transportation system is made up of the following elements: - 46 - • Public transit • Active transportation facilities • Collector and local road network One of the goals of this Plan is to reduce the dependancy passenger vehicles and increase the modal share of public transit and active transportation. It is also a goal of this Plan that the transportation system work seamlessly and efficiently convey people and goods safely. This Plan may be amended as the result of recommendations from a Transportation Master Plan regarding matters such as, but not limited to, route prioritization for moving goods and people into and out of employments areas, transportation demand management, modal share targets, active transportation facilities and multi -modal use. Transportation Corridors 1.5.1 As shown on Schedule A -2, the City's transportation corridors consist of rail corridors, provincial highways and the arterial road system. These corridors are the primary conveyors of goods and people within, into and out of the City. 1.5.2 The corridors within the City's jurisdiction shall be of the width provided for in this Plan and should contain sidewalks and bicycle lanes of sufficient width to safely accommodate users. 1.5.3 The streetscape of corridors within the City's jurisdiction should be designed to increase the comfort level of pedestrians through the use of street trees, benches and bus shelters. 1.5.4 Access ramps from private developments should be minimized and amalgamated with adjoining properties where possible. Rail and Public Transit 1.5.5 The City will provide a public transit system to service the transit needs of residents and tourists. This system includes inner -City buses, inter -city bus rapid transit and a tourist peoplemover. This Plan envisages a modal share of public transit increase to 3.2 %. 1.5.6 Public transit routes shall be designed to service employment areas, intensification areas, nodes and intensification corridors. It is desirable for public transit services to be encouraged in proximity to higher density residential developments, areas of high employment concentration, major medical and social service centres, housing developments for people with special needs and social amenity areas such as the Niagara Parks and other attractions. Transit stops should be located within major - 47 - public facilities. The development of inner -City bus rapid transit lines into high density employment areas is encouraged. 1.5.7 Transit service planning shall be connected with the Regional Bicycling Network and co- ordinated with the planning of bicycle routes and pedestrian paths to enhance the convenience, safety and usability of these modes of transportation. 1.5.8 Collector roads within Greenfield secondary plan areas shall be designed to accommodate transit. 1.5.9 This Plan envisages the expansion of commuter GO Transit rail service to the City in the long term. The City will participate with Regional and Provincial agencies in the establishment of this service. 1.5.10 Council recognizes the capability of rail lines to provide an alternative to road traffic for transporting tourists, residents and goods in and out of the City. To minimize the interference of rail service with vehicular and pedestrian traffic, Council shall seek to eliminate grade crossings on a priority basis and with the financial assistance of the appropriate authorities. Where the elimination of such grade crossings is not feasible, Council shall petition the appropriate authority to provide and maintain appropriate level crossing control devices. 1.5.11 Where residential or institutional development is proposed in close proximity to operational railway lines, Council shall require the preparation of a noise and vibration impact assessment. If necessary, the assessment shall include measures necessary to achieve acceptable attenuation levels in accordance with Ministry of the Environment, and Railway criteria. The measures may take the form of fencing, increased setbacks, earthberms, tree planting, acoustical insulation, site plans or combinations thereof in order to minimize potential safety hazards and visual, noise and vibration impacts to the satisfaction of the City and the Ministry of the Environment, and in consultation with the appropriate Railway. Active Transportation Facilities 1.5.12 In an effort to achieve an increase in the modal share of bicycle and pedestrian trips, the City will provide public facilities for active transportation in the form of bicycle or shared use lanes, paved shoulders of rural roads, off -road recreational trails, bicycle parking facilities and sidewalks to the extent that is financially feasible. - 48 - 1.5.13 The City will endeavour to achieve connectivity of off-road trails with the goal of creating an inner -City trail system that links residential, employment and recreational areas. 1.5.14 Sidewalks on certain roadways will be provided where required for the safety and convenience of pedestrians. In this regard, Council may undertake and continually update a detailed sidewalk construction and maintenance programs. 1.5.15 The City may require the dedication of trails, in accordance with the provisions of the Planning Act, as a condition of development approval. 1.5.16 New development will be encouraged to provide bicycle parking and other facilities to accommodate active transportation. In this regard, the City will provide bicycle facilities within its own buildings." e) Policy 1.4 ROAD NETWORK is relabelled "COLLECTOR AND LOCAL ROAD NETWORK ". f) Policy 1.4.1 is deleted and replaced with the following: "1.5.17 The collector and local road network functions primarily to convey traffic and pedestrians to transportation corridors. " g) Policy 1.4.2 is renumbered 1.5.18 and the first sentence is replaced with the following: "1.5.18 A hierarchy of roads is contained within the transportation system." Policies 1.4.3 to 1.4.6 (inclusive) are renumber 1.5.19 to 1.5.22 (respectively); Policy 1.4.7 is deleted in its entirety; and Policies 1.4.8 to 1.4.20 (inclusive) are renumbered 1.5.23 to 1.5.35 (respectively). Reference to the term "Region's Bikeway Master Plan" in Policy 1.5.21 and Policy 1.5.25 is replaced with "Regional Bicycling Network." The phrase "Local Roads, All local roads allowances are to be 20metres in width. There may be cases when local roads will be less than 20 metres under special circumstances approved by Council" is amended by deleting the words "Local Roads" and numbering the remainder of the phrase 1.5.36 as follows: "1.5.36 All local road allowances are to be 20 metres in width. There may be cases when local roads will be less that 20 metres under special circumstances approved by Council." - 49 - k) Policies 1.5 to 1.8 (inclusive) are deleted. I) Policies 1.9.1 to 1.9.6 (inclusive) is renumbered to 1.5.37 to 1.5.42 (respectively) and reference to Policy 1.9 shall be deleted. xiii) PART 3, SECTION 2 - PARKLAND STRATEGY is amended as follows: a) The second sentence of the PREAMBLE is deleted and replaced with the following: "Parklands, trails and public open space form an critical part of the urban environment. Such spaces not only serve a recreational function but serve neighbourhoods and the community as a whole in terms of social interaction and active transportation. It is the intent of this Plan to provide public open space within both the Greenfield Area and Built -up Area to the extent that is appropriate for that neighbourhood or community." b) Policies 2.4.1 and 2.4.2 are deleted, Policies 2.4.3 - 2.4.4 are renumbered 2.4.4 - 2.4.5 (respectively), and the following new policies are added: "2.4.1 Open space shall be designed to respect and integrate with protected natural heritage features. The minimum prescribed buffers shall be provided and maintained as a naturalized area. Playgrounds, sports fields and other forms of active recreational uses shall be setback from buffers and the intervening area planted with vegetation that hinders human traffic. 2.4.2 Active parkland should be designed to accommodate various forms of recreational activities. xiv) PART 3, SECTION 3 - CONSERVATION STRATEGY is renamed PART 3, SECTION 3 - ENERGY CONSERVATION and is further amended as follows: a) Policy 3.1.2 is deleted in it's entirety. b) Policies 3.1.3 to 3.1.6 (inclusive) are renumbered 3.1.2 to 3.1.5 (respectively). 2.4.3 Within secondary plan areas, a system of trails and open space should be provided that is integrated with the built environment, with connections to schools and other forms of community infrastructure." xv) PART 3, SECTION 3.2 - HERITAGE RESOURCES is renumbered and renamed to PART 3, SECTION 4 - CULTURAL HERITAGE CONSERVATION and PART 4, SECTION 4 - HOUSING STRATEGY is deleted in its entirety. xvi) PART 3, SECTION 3.3 - NATURAL RESOURCES is deleted in its entirety and moved to PART 2, SECTIONS 11.7- 11.38. xvii) PART 3, SECTION 5 - AMENITY AND DESIGN STRATEGY is renamed PART 3, SECTION 5 - URBAN DESIGN STRATEGY and is amended as follows: a) The PREAMBLE and Policy 5.1 are deleted and replaced with the following: "Urban design is the shaping of the built environment. It plays an important role in the upgrading and maintenance of the City's civic image and economic potential and is critical to the quality of life for its citizens. It is the intent of this Plan to create a compact and inter- connected, pedestrian- oriented and transit - supportive community. The built environment consists of the public realm and private properties, both of which have to be designed to work harmoniously together. The policies of this section are to provide guidance to both the public and private sectors. POLICIES - 50 - 5.1 New development, redevelopment and public works projects shall utilize building, streetscaping and landscaping designs to improve the built and social environment of the City and to enhance quality of life. Development should integrate and be compatible with the surrounding area including natural and cultural heritage features. 5.1.1 The design of new development and redevelopment shall specifically address height, setbacks, massing, siting and architecture of existing buildings in order to provide a compatible relationship with development in an area. 5.1.2 Development shall be designed and oriented to the pedestrian. As such buildings shall be set as close to the street as possible. Moreover, where development includes multiple buildings, the buildings should be deployed in such a manner that allows pedestrians to move between buildings with a minimum of interference from vehicular traffic. To this end, designated walkways through parking areas are to be provided. -51 - 5.1.3 Development and redevelopment shall be designed to minimize microclimatic impacts on adjacent lands. Mitigation measures may be secured through provisions of a site specific zoning by -law, conditions of a minor variance, or within the terms of an agreement pursuant to sections 37 or 41 of the Planning Act. 5.1.4 In prominent landmark locations such as gateway entrances to the City or along important roadway corridors, special attention to high quality design and landscaping shall be encouraged. Furthermore, new development and redevelopment should be designed and sited to minimize the obstruction of scenic views and vistas. 5.1.5 Parking areas are to be minimized within the front yard of development sites. Parking shall primarily be located in the rear or sideyards of development sites with sufficient landscaping utilized to create an effective buffer to abutting lands. 5.1.6 Appropriately designed and scaled parking structures or underground parking shall be encouraged for large tourist commercial and high density residential developments. 5.1.7 The number of access points onto arterial roads shall be minimized. Linked parking and driveway areas shall be encouraged. Access points shall be oriented toward major roadways." b) Policy 5.2 is amended by: i) replacing the first and second sentence with "Streets are a public space that, while conveying motorized traffic, are to be designed as a safe, comfortable and convenient environment for the pedestrian and cyclist." and by deleting the phrase "and soft landscaping features" at the end of sentence three and replacing it with "tree planting and other landscaping features ". ii) deleting Policy 5.2.1 and replacing it with: "5.2.1 The provision of adequate and accessible space for pedestrians, cyclists and transit are to be considered in the design of streets." iii) adding the following phrase to the end of the first sentence of Policy 5.2.2: "through the development of facilities and amenities such as sidewalk cafes, plazas, piazzas and other spaces. ". - 52 - c) Policy 5.3 is amended by: i) deleting the first sentence of Policy 5.3.4 and replacing it with: "Landscaping, together with other design measures, can assist in mitigating the impacts of development on surrounding lands. Landscaping, where adjacent to buffer areas of natural heritage features, shall be designed to incorporate native species. ". ii) deleting the second sentence of Policy 5.3.5 and replacing it with: "Tree Preservation Plans may be required prior to any site alteration in compliance with PART 2, Section 11. ". d) Policy 5.6 is deleted and Policy 5.5 is renumbered to Policy 5.6 and is further amended by: i) replacing the phrase "of a plan of subdivision" at the end of Policy 5.6.2 (formerly 5.5.2) with " within secondary plans and plans of subdivisions" ii) deleting former Policy 5.5.3. e) A new Policy 5.5 is added as follows: "5.5 Signs within the City are regulated by the comprehensive sign by -law. The by -law implements the following amenity and design principles: 5.5.1 The city shall be organized into sign districts in order to establish the appropriate sign types and regulations for each district. 5.5.2 Proposed signs should be designed so as not to compete for visual attention and airspace with streetscape elements, existing signage and buildings. 5.5.3 Signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. Signs are not be intrusive nor add to visual clutter. Separation distance between signs residential uses, designated heritage properties and open space should such that these uses are not impacted negatively. 5.5.4 Signs should be designed to integrate with building architecture and the development in general. 5.5.5 Electronic signage should be carefully sited. Due to its illumination and display characteristics, electronic signage should be located such that impacts on vehicular and pedestrian traffic are minimized. - 53 - 5.5.6 Signs located in the Downtown District shall be designed to respect the historic character or heritage theme for the area. As such, signs are to be at a scale and size that is appropriate for district and in compliance with the specific design guidelines are to be developed for the Downtown District. 5.5.7 Applications for minor variances from the comprehensive sign by -law may be considered by Council or its designated staff member provided that: the general intent and purpose of the Official Plan is maintained; • the general intent of the Sign By -law is maintained; • the request is minor in nature; and • is desirable for the appropriate development of the land. 5.5.8 Any major deviations will require Council approval as an amendment to the by -law and will be subject to the submission of an application accompanied by studies and /or reports, to demonstrate the reasons why the by- law regulations cannot be complied with and to address issues of aesthetics and design as well as impacts on the surrounding area, traffic safety and public property. 5.5.9 Approvals of by -law amendment applications may be subject to conditions including, but not limited to, submission of Letters of Credit, agreements registered on title to safeguard the City's interests in the regulation of signs and their content as Council considers appropriate." f) A new Policy 5.7 is added as follows: "5.7 The City may prepare urban design plans or neighbourhood plans to implement the Urban Design Policies on specific areas. In the absence of such plans, reference should be made to Niagara Region's Model Urban Design Guidelines." xviii) PART 4, SECTION 2 - OFFICIAL PLAN REVIEW AND AMENDMENTS is amended as follows: a) Policy 2.1 is amended be replacing the date "2011" with "2031". b) Policy 2.3 is amended by renumbering subsections 2.3.2 to 2.3.14 (inclusive) to 2.3.3 to 2.2.15 (respectively) and by adding a new Policy 2.3.2: "2.3.2 Intensification and Density Targets" - 54 - c) The following policies are added after Policy 2.7: Urban Boundary Expansion 2.8 An Urban area boundary expansion shall only occur where the Regionally led and subsequent Local Growth Management Studies have demonstrated that: 2.8.1 Sufficient opportunities to accommodate forecasted growth through intensification and greenfield development, using the intensification target and density targets of this Plan, are not available. 2.8.2 The expansion makes available sufficient lands for a time horizon not exceeding 20 years. The timing of the expansion and phasing of development within the greenfield area will not adversely affect the achievement of the intensification target, density targets or any other policies of this Plan. 2.8.3 Where applicable, the proposed expansion will meet the requirements of the Greenbelt and Niagara Escarpment Plans. 2.8.4 The existing or planned infrastructure required to accommodate the proposed expansion can be provided in a financially and environmentally sustainable manner. 2.8.5 In prime agricultural areas: a) The lands do not comprise specialty crop areas. b) There are no reasonable alternatives that avoid prime agricultural areas. c) There are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas. 2.8.6 Impacts from expanding urban areas on agricultural operations that are adjacent or close to the urban area are mitigated to the extent feasible. 2.8.7 In determining the most appropriate location for expansions to the boundaries of an urban area, the policies of Sections 2 and 3 of the PPS and Sections 6 and 7 of the Regional Policy Plan or corresponding policies of this Plan are applied. 2.8.8 The expansion will plan to maintain or move significantly towards a minimum of one full time job per three residents within the municipality. - 55 - Employment Land Conversions 2.9 The City may permit the conversion of lands within employment areas to non - employment uses but only through a municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 2.10 where it meets at least one of the following strategic objectives: 2.9.1 promotes brownfield redevelopment; 2.9.2 addresses issues related to land use incompatibility; 2.9.3 provides affordable housing; or, 2.9.4 meets any of the other strategic policies of this Plan. 2.10 Conversion of employment lands to non - employment uses must demonstrate that: 2.10.1 there is a need for the conversion; 2.10.2 the City will meet employment targets allocated to the Municipality as documented in this Plan; 2.10.3 the conversion will not adversely affect the overall viability of the employment area and the achievement of the intensification target, density targets and other policies of this Plan; 2.10.4 there is existing or planned infrastructure in place to accommodate the proposed use; 2.10.5 the lands are not required over the long term for the employment purposes for which they are designated; and, 2.10.6 Cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. " xix) PART 4, SECTION 3 - COMMUNITY SECONDARY PLANS AND NEIGHBOURHOOD PLANS is amended as follows: a) Policy 3.1 is amended by deleting the phrase "major growth areas, such as the Westlane, Grassybrook and Chippawa areas" and replacing it with "greenfield areas in accordance with Part 2. ". b) Policy 3.2 is amended by replacing the word "may" with the word "will" in both the first and second sentences and by inserting the words "land use" between the words "any" and "change" in the second sentence. c) Policy 3.4 is amended by deleting the first sentence and replacing it with "Neighbourhood plans may be prepared as a guide to localized development where secondary plans are not warranted and may be - 56 - incorporated into the Official Plan." and by deleting the last sentence in its entirety. xx) PART 4, SECTION 4 - BY -LAWS is amended by deleting Policy 4.5.1 in its entirety and replacing it with the following: "4.5.1 Council may grant, pursuant to Section 37 of the Planning Act, bonuses in height and /or density of a development beyond that permitted by this Plan and /or the Zoning By -law in exchange for facilities, services or matters. Development proposals shall be consistent with the objectives and policies of this Plan. The facilities, services or matters include, but are not limited to: • public capital facilities; • remediation of a brownfield site; • provision of parkland or public open space, beyond that required by this Plan; • preservation of natural heritage resources, beyond that required by this Plan; • provision of on -site and /or off -site pedestrian, cycling or transit facilities; • additional road or servicing improvements; • preservation of cultural heritage resources, including restoration of buildings, conservation of heritage landscapes and protection of archaeological sites; and • provision of on -site and off -site sustainable design elements. 4.5.2 In the consideration of the facilities, services or matters to be provided, regard shall be had for the relationship of the facilities, services or matters to the proposed development, or the neighbourhood in which the proposed development is located. 4.5.3 In all cases, the increase in height and /or density will be based on a site specific review. In reviewing the proposed increase in height and /or density, Council will ensure that: • the proposed development is compatible with the scale and character of the surrounding neighbourhood and does not constitute an undue concentration of density; • there is adequate infrastructure and community facilities available, or can be made available, to support the proposed development; • the transportation system can accommodate the proposed increased density; and • the site is of a size and configuration that can accommodate the necessary on -site functions, parking and landscaping. 4.5.4 Any agreements required to secure the services, facilities or matters shall be executed by the applicant prior to Council passing any by -laws to amend the Zoning By -law. urrent OP Policy • roposed OP Policy urrent Reference pdated Reference 'art 2, 'art 2, S. 12.4 'art 2, S. 11.4 'art 3, S. 3.3.4 'art 2, S. 11.20 "art 2, S. 14.7.1 'art 2, S. 13.7.1 •art 2, S. 9 'art 2, S. 8 'art 2, S. 14.7.2 "art 2, S. 13.7.1.2 •art 2, S. 14.7.1.1 'art 2, S. 13.7.1.1 'art 2, S. 14.7.1.3 'art 2, S. 13.7.1.3 'art 2, S. 14.7.1.2 •art 2, S. 13.7.1.2 'art 2, S. 14.32 •art 2, S. 13.32 •art 2 S.1.2.3 and 4.2.35 'art 2, S. 1.3.3 and 4.2.36 'art 2, S. 14.34 "art 2, S. 13.34 section 9 .ection 8 •art 2, S. 14.34.6 'art 2, S. 13.34.6 'olicy 13.7 •olicy 12.7 'art 2, S. 14.35.1 'art 2, S. 13.35.1 'olicy 14.35.3.2 •olicy 13.35.3.2 •art 2, S. 14.35.3 'art 2, S. 13.35.3 •art 2, Section 9 •art 2, Section 8 'art 2, S. 14.37.1.2 mart 2, S. 13.37.1.2 'olicy 14.37.1.2(i) a),(b),(c),(d) 'olicy 13.37.1.2(i) a),(b),(c),(d) 'art 2, S. 14.42.4 'art 2, S. 13.42.4 •olicy 14.49.1 •olicy 13.49.1 'art 2, S. 14.44.2 'art 2, S. 13.44.2 'art 2, Section 12 "art 2, Section 11 •art 2, S. 14.44.3 "art 2, S. 13.44.3 4.44.2 4.33.2 •art 2, S. 14.50 'art 2, S. 13.50 'art 2, Section 10 'art 2, Section 9 'art 2, S. 14.51 "art 2, S. 13.51 'art 2, Section 1.7.5 'art 2, Section 1.13.5 •art 2, S. 14.51.3 'art 2, S. 13.51.3 . 14.51.4 .. 13.51,4 'art 2, S. 14.54 "art 2, S. 13.54 "art 2, Section 1.7.5 'art 2, Section 1.13.5 'art 2, S. 14.55 'art 2, S. 13.55 'art 2, Section 1.2 'art 2, Section 1.3 •art 2, S. 4.57.2.2(b) 'art 2, S. 13.57.2.2(b) •olicy 12.57.4 •olicy 11.57.4 'art 2, S. 14.58 'art 2, S. 13.58 'art 2, S. 1.2 'art 2, S. 1.3 'art 2, S. 14.59 •art 2, S. 13.59 'art 2, S. 3.5.2 •art 2, S. 3.5.1 'art 2, S. 14.60 •art 2, S. 13.60 'art 2, S. 1.7.5 'art 2, S. 1.13.5 'art 3, S. 1.4.8 "art 3, 1.5.24 •olicy 1.4.19 •olicy 1.5.35 'art 3, S. 3.2.8 'art 3, S. 4.8 •olicy 3.2.6 'olicy 4.6 'art 4, S.4 Preamble "art 4, Section 4 'reamble 'art 2, Section 11 "art 2, Section 10 - 57 - xxi) PART 4, SECTION 8 - CONSENT POLICIES, Policy 8.2.5 is amended by inserting the phrase "where supported through a farm business plan and" between the words "permitted" and "provided" in the first sentence. xxii) PART 5, APPENDICES, is relabelled "PART 5, SECONDARY PLANS ", "PART 6 - SCHEDULES" is added and the APPENDICES are moved to "APPENDICES ". xxiii) APPENDIX 1 - DEFINITIONS is amended by: a) moving and renaming definition 1.4 "Area of Employment" to 1.15 "Employment Lands" and by renumbering definitions 1.5 to 1.15 (inclusive) to 1.4 to 1.14 (respectively); and xix) Cross references of policies that have been changed as a result of this proposed amendment are applied as follows: Noto Ole map eustrates ovtalas destdoetons tete. to PART 2 of Chis Kan and do testece Me spec, and use depAnallom Aeoteled Spoodolt A to dos Mar or Men m.nes nos map s to teed tu ronansmon .P due MK. of Me den ti 11 CRYSLERAVE CRYSLER AVE T-4 a 4- 4 9 BUCKLEY AVE SCaI� 1:6,000 'r SYMMES ST ■ ■ ■ ■•.,■ • ` - 11 K: \SourceData \Shapes \OP \SchedA.2_Draft.map • .., • Drummondville Node Boundary 6 -13 _l Storeys r ■ 4 -6 Storeys LUNDY'S LANE \ i n l_ -----1' nmi -1---- [ __. :::_i___ 7--- ■ l ,,, 11, ti H1,1 --- il illi ____, 4 \\ 11-11:11 \ \ \ \ L. Maximum Maximum Minimum No. Storeys Density Density 4 -6 100 uph 50 uph 4 -10 150 uph 50 uph 6 -13* 200 uph 100 uph 10 -30* -- -- Building Heights as per Figure 4 (OPA No. 26; Approved May 2000) \ DIXON5 Schedule A.2 (b) to the Official Plan \`iagaraJ uIJs DRUMMONDVILLE NODE - HEIGHT STRATEGY 10 -30 Storeys • ii i March 2011 r . \ ■ CRAWFORD ST 1 � , I GLENGATE ST 1 1. 1111 8 v Niagara/ ails m T \ K: \SourceData \Shapes \DP \SchedA.2_Draft.map a \ - 7 is 2 -4 Storeys ! GALLINGER ST �HQ�44R Whit FP. F LILL 4 -10 Storeys • • / • • •1 1 ♦ • • • M • • • • • • • • • / • • • / • • 4 • / ♦ I • • i • ♦ f 1 ; .... r Stamford Node Boundary Maximum Maximum No. Storeys Density II 2-4 50 uph 4 -6 100 uph 4 -10 150 uph Corridor Portage Road Thorold Stone Road Schedule A.2 (c) to the Official Plan STAMFORD NODE - HEIGHT STRATEGY I Minimum Density 25 uph 25 uph 25 uph March 2011 • '1f ■ q DORCHESTER RD ■ 1 - 'tt tt••• °°°° KENT "AV " t t ,t E E in a a n . c 7 7 7 z i 7 A E O. o E c Q a a x g 7 o Z • N E t E ` M 0 $ z N t .r 11 11 1 •••••••••••• ..... •...... Insane Won sw ■ , .......... • *,. 0 ,t I QUEER ELIZABETH WAY • • • • • t t t c ro U _ E" 0 au 0 N a) a) V (1) 1- (9 V 2 w 0 0 z w H U 0 0 0 0 5 2 a MONTROSE RD • • • • • GARNER RD — __ THOROLD TCWNLINE RD DRUMMOND RD DORCHESTER RD QUEEN ELIZABETH WAY 2 5 O 5, ❑ ❑ O KALAR RD f ` f 1 STANLEY AVE SODOM /RD WILLOUGHBY DR G i 2 6 '�j�/ /GA " / � / %U BEECH / / / // j/ j j�ja DORCHESTER RD 2 m U a ORT RD w O CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 78 -66, being a by -law to designate the property known as the Spence Weaver Homestead, 6590 Dunn Street within the City of Niagara Falls, which aforesaid by -law deemed the property to be of cultural heritage value and interest. WHEREAS By -law No. 78 -66 was passed by the Municipality on April 17, 1978 designating the property at 6590 Dunn Street as having architectural value and historical interest; AND WHEREAS the Ontario Heritage Act, R.S.O. 1990, s. 30.1 allows the Council of a municipality to enact amending by -laws to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes and to correct the legal description of the property; AND WHEREAS the Council of the municipality proposes to amend Schedule "A" in By -law No. 78 -66 to include additional lands; AND WHEREAS the Council of the municipality proposes to update the Reasons for Designation described in Schedule "B" of By -law No. 78 -66, now called the Statement of Cultural Heritage Value; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in amended Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of proposed amendment for the property on March 23, 2011 and has caused such notice of proposed amendment to be published in The Niagara Falls Review, a newspaper having general circulation in the municipality, on March 26, 2011; AND WHEREAS the amended legal description is set out in Schedule "A" and amended reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no appeal was lodged against the proposed amendments; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By -law No. 78 -66 is hereby amended by repealing Schedule "A" and Schedule "B" in their entirety and replacing Schedule "A" and Schedule 'B" as attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. -2- 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner of the property and upon the Ontario Heritage Trust. and to cause notice of this by -law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this sixteenth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 16, 2011 May 16, 2011 May 16, 2011 SCHEDULE "A" Lot 18 PL NS 25, Niagara Falls; S/T RO 193070 and Part of Lot 15 PL NS 25, Niagara Falls described as Parts 1 & 5 on Reference Plan 59R- 14208; S/T RO 193070, City of Niagara Falls. Regional Municipality of Niagara. Statement of Cultural Heritage Value The property known municipally as 6590 Dunn Street is recommended for designation pursuant to s. 29, Part IV of the Ontario Heritage Act, based on its historical associative value and its design value. Historical Associative Value SCHEDULE `B" The lands were originally part of a 94 ha (232 ac.) parcel of land owned by the Skinner family who were United Empire Loyalists. In the 1830's, they contracted with Henry Spence, a local stone mason/bricklayer to build a house. In 1854, Andrew Skinner sold approximately 28.3 ha (70 ac.) to Henry Spence. Mr. Spence lived there for the next 31 years until he sold the farm, including the homestead to George Messinger. The Messinger family lived on the farm for a brief 8 year period before selling to the Weaver family, who operated a dairy farm on the property for the next 78 years until 1971. The farm was sold in 1971 and in 1973, a Plan of Subdivision was registered on the land as the 28.3 ha (70 ac.) was subdivided into smaller residential lots for single detached homes. Through this process, the lot was separated into two parcels: one with the house and the other, essentially the front yard. The latter lot was deeded to the City during the subdivision process. The developer worked with the previous owners to retain the view of the original farm home by entering into a renewable agreement with the City that the lot fronting onto Dunn Street would be kept undeveloped as long as the lot was maintained and kept in good order by the home owner. The lands between Dunn Street and the dwelling provide an important setting for the dwelling. More recently, the City deemed the lot surplus and sold it to the owners of the Spence Weaver House. No development is permitted in the area in front of the dwelling. The yard features a number of mature evergreen trees. The City's Zoning By -law has been amended to preclude development on the lot. Architectural Value Information from City files recounts that the house was constructed in a number of stages, the first, presumably, was the settler's cabin built around 1800 and then the front portion built by Henry Spence, in the 1830's. A subsequent single storey addition on the west side is said to have been built in 1834. A brick scullery containing the well preserved remains of a cauldron, bread oven, well and an engraved iron plate dated 1827 adjoins the cabin portion of the house. Because the house evolved rather than being built in one period, the architecture combines details from several periods resulting in a local vernacular which is not easily categorized. The overall design of the house is a two storey, red brick structure, simple in its rectangular form with a 1 storey wing extending to the west and a 1 storey tail. A low pitched front facing gable roof distinguishes the two storey portion. It features shallow eaves and lack of decorative features which are characteristic of the Georgian style. A chimney on the south end of the two storey portion is inset from the gable end. The 2 storey portion of the house exhibits an asymmetrical 3 bay opening with an off -set front door on the front facade. The front door opening features a double rowlock arch. The front door has a double light transom above the door and sidelights with four lights that extend to the top of the -2- opening. The window openings on the front facade have segmental arches with a single rowlock course above each shuttered window resting on stone sills. The windows are all six over six. The segmental arches are more in keeping with the Italianate style. The east elevation of the two storey portion features a single roundheaded opening containing an inset doorway. The ground floor has one window that is located to the left of the doorway. The second storey windows on the east side are set in a pair above the roundheaded doorway in the centre of the facade. The single storey red brick wing on the west side of the 2 storey house is said to have been the last addition and was built in 1834. There are two window openings on the front facade only, seemingly placed to balance the existing front facade. The chimney is inset slightly from the gable end on the west end. The tail of the house is believed to be the original settler's cabin based on its layout of 1 large central room with 2 slip rooms and attached brick scullery said to have been erected circa 1800. The scullery is presently accessed via double doors from the existing kitchen. The cabin features a doorway set between two windows on the east facade with 2 small windows in the gable end on the south. It appears as though a second storey window on the end of the two storey house has been bricked in, perhaps due to a replacement roof on the settler's cabin from a flat roof to a gable roof. Each of the additions feature the same simple gable style roof. The structure has a rubble stone foundation with a ashlar cut limestone sill. The brick is laid in an English bond pattern with a header course every eight rows. A verandah along the north side of the house has been recreated using historical photographs of the house. A faint shadow or `ghost' of the structure as well as the nailing blocks that would have supported the roof structure helped determine the design and location of the verandah. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 6590 Dunn Street include the following heritage attributes: • Form and setting of the house on the remaining portion of the original homestead; Simple but solid, 2 storey red brick dwelling with simple low pitched gable style roof and shallow eaves; 3 bays placed asymmetrically across front facade with 2 additional bays on wing addition on the west side; 6/6 windows Front door with double light transom above the door and sidelights that extend to top of the opening with rowlock arch; Brick scullery on west side of 2 storey portion; Lack of decorative features; Rubble stone foundation with ashlar cut limestone sills; Recently re- established verandah along north facade of 2 storey portion. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to provide for appointments to certain Boards. Commissions and Committees. WHEREAS Section 44(3) of the Planning Act (R. S.O. 1990) states that all members of the Committee of Adjustment who are members of Municipal Council shall be appointed annually. WHEREAS the number of Council representatives on the Committee of Adjustment is one (1). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. The member of Municipal Council. as set out in Schedule "A" attached hereto. shall be appointed to the Committee of Adjustment for the year as set out in the aforementioned Schedule "A ": and 2. That by -law 2010 -15 is hereby repealed. Passed this sixteenth day of May. 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: May 16. 2011 May 16, 2011 May 16, 2011 SCHEDULE "A" to By -law No. 2011 - The following Council member has been appointed as the Council representative to the Committee of Adjustment for 2011: Councillor Victor Pietrangelo CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to provide for citizen appointments to certain Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Arts & Culture Committee That Jonathan Adams. Sheri Armstrong, Debra Attenborough, Laurie Crain -Anez. Karen Fraser. Torena Gardner- Durdle, Nicolino Maruca, Philomena McCracken. Rose Smith and Dean Tedesco be appointed. 2. Committee of Adjustment That Chuck Antonio. Mark Cahill, Jack Collinson. Guy Prata and Lou Stranges be appointed. 3. Niagara District Airport Commission That Ernie Amadio and Ruedi Suter be appointed. �. Fence Viewers That Jacob (Jake) Hiebert. Rudy Mascarin and Jeannette Tossounian be appointed. 5. Municipal Heritage Committee "that Gary Burke. Kaitlin Cain. Laurel Campbell. John Garrett. Margaret Mingle. and Na y in Shahani be appointed. 6. Niagara Falls Museums Advisory Board That Margaret Dunn, Dino Fazio, John M. Harkness. Don Jackson. Margaret Mingle. Kerry Painter, and Gord West be appointed. 7 Niagara Falls Public Library Board That Carman Dix, Nancy Eidt- Reynolds, Dino Fazio, Shirley Fisher. Damian Frank Franze. Barbara Ness, Eric Sheridan and Dr. Ken Smith be appointed. 8. Park in the City Committee That "Tommy Anello, Breanna Antonio, John Anstruther, Corey Barkman. Clarke Bitter. Dean Cruikshank, Frank Fohr, Audrey Fraser, Janet Hassall. Paisley Janvary -Pool, Elizabeth Manker, Pat Mascarin and Venna Shahani be appointed. 9. Property Standards Committee That John Anstruther, Sam LaRosa Anna Lee and Rudy Mascarin be appointed. 10. Recreation Committee That Tommy Anello, John Archibald, Dan Cummings, Enzo Della Marca. Kevin Green, Paisley Janvary -Pool, Gary Krause, Nicolina Maruca, Rich Merlino. Delphina Pietrangelo Laurie Primeau, Vito Scaringi and Mick Wolfe be appointed. 11. That the aforementioned appointments are for the 2011 - 2014 term. 13. That by -laws 2007 -37. 2007 - 92.2008 -105, 2009 -166 and 2010 -60 are hereby repealed. Passed this sixteenth day of May, 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: May 16, 2011 Second Reading: May 16, 2011 Third Reading: May 16, 2011 A by -law to hereby authorize the Mayor and City Clerk to execute a Canada - Ontario Municipal Rural Infrastructure Fund (COMRIF) Extension Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Agriculture. Food and Rural Affairs, and the Corporation of the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Extension Agreement, in the form attached hereto, made between I ler Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Agriculture. Food and Rural Affairs and the Corporation of the City of Niagara Falls. for the Construction of Bridge Street, is hereby approved. Passed this sixteenth day of May, 2011 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: May 16, 2011 May 16. 2011 May 16. 2011 CITY OF NIAGARA FALLS By -law No. 2011 - CANADA — ONTARIO MUNICIPAL RURAL INFRASTRUCTURE FUND ("COMRIF") INITIATIVE FUNDING AGREEMENT FOR INFRASTRUCTURE PROJECTS Ministry of Agriculture, Food and Rural Affairs File Number: 12087 BETWEEN AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs THE CORPORATION OF THE CITY OF NIAGARA FALLS WHEREAS the Government of Ontario is investing in Ontario's infrastructure; AND WHEREAS the purpose of COMRIF is to improve and renew public infrastructure in Ontario's small urban and rural communities with populations of less than 250,000; AND WHEREAS the priority for COMRIF is improving water, sewage treatment, waste management and local roads and bridges; AND WHEREAS the objectives for COMRIF include ensuring that sustainable infrastructure investments enhance and renew Ontario's aging public infrastructure, improve the quality of the environment; protect the health and safety of citizens; support long -term economic growth; and build strong, sustainable communities by giving municipalities the tools they need. AND WHEREAS COMRIF small urban an rural communities to choose how they will apply for funding for projects in the categories of water, wastewater, waste management, local roads and bridges, public transit, cultural, recreation, tourism, environmental energy improvements and connectivity; AND WHEREAS the Ministry and the Recipient entered into a P- Agreement on October 18, 2005; AND WHEREAS the P- Agreement, through no fault of the Parties, lapsed and therefore needs to be "revived" in order to allow the Recipient to complete the Project and allow the Ministry to make final payment(s) to the Recipient as well as release any holdback currently being held; Page 1 of 44 AND WHEREAS the Parties agree the best way to address this issue is to have this Agreement have the Effective Date of this Agreement be March 30, 2011; AND WHEREAS this Agreement defines the terms and conditions of a financial contribution to assist with the Project under COMRIF which is being administered by the Ministry; 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 Schedule "C" - Eligible Costs Schedule "D" - Budget Schedule "E" - Project Schedule (Milestones) Schedule "F" - Financial Assistance Schedule "G" - Federal Requirements Schedule "H" - Additional Provisions Schedule "I" - Communications Requirements Schedule "J "- Cash Flow Report Schedule "K" - Progress Report Schedule "L" - Claim Report Schedule "M" - Final Report constitute 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. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs by: Name: The Honourable Carol Mitchell Date Title: Minister of Agriculture, Food and Rural Affairs Page 2 of 44 Affix Corporate Seal RECIPIENT'S NAME: THE CORPORATION OF THE CITY OF NIAGARA FALLS by: Name: Title: Name: Title: I /we have authority to bind the Recipient Date Date Page 3 of 44 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: "Act" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. "Adjust the Financial Assistance" means adjust the amount of the Financial Assistance on the Project or the amount of financial assistance for any other project(s) of the Recipient under the COMRIF Initiative, 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 of the Project in an amount to be determined by the Ministry and within the period specified by the Ministry. "Agreement" means this 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" (Definitions and Interpretation) of this Agreement. "Budget" means the Project budget set out in Schedule "D" (Budget) of this Agreement. "Business Day" means any day on which Government of Ontario offices generally are open for business in the Province of Ontario. "Cash Flow Report" has the meaning given to it in Section 6.1 of Schedule "A" (Definitions and Interpretation) of this Agreement. "Claim Report" has the meaning given to it in Section 6.2 of Schedule "A" (Definitions and Interpretation) of this Agreement. "Claims Submission" has the meaning given to it in Section 6.2 of Schedule "A" (Definitions and Interpretation) of this Agreement. "Communication Requirements" means the communication requirements set out in Schedule "I" (Communications Requirements) of this Agreement, or as directed by the Ministry from time to time. "COMRIF Initiative" has the meaning given to it on the first page of this Agreement. "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. Page 4 of 44 "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 (Ontario). "Effective Date" means March 30, 2011; "Eligible Cost" has the meaning given to it in Section 3 of this Agreement and Schedule "C" (Eligible Costs) of this Agreement. "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 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 (Ontario), the Environmental Assessment Act (Ontario), the Ontario Water Resources Act, the Canadian Environmental Protection Act 1999, the Canadian Environmental Assessment Act , the Fisheries Act (Canada) and the Navigable Waters Protection Act (Canada). "Event of Default" has the meaning given to it in Section 15 of Schedule "A" (Definitions and Interpretation) of this Agreement. "Expiration Date" means March 31, 2012. "Federal Government" means Her Majesty the Queen in right of Canada. "Federal Licensed Marks" has the meaning given to it in Section 6 of Schedule "G" (Federal Requirements) of this Agreement. "Federal Maximum Financial Assistance" has the meaning set out in Schedule "F" (Financial Assistance) of this Agreement. "Final Report" has the meaning given to it in section 6.3 of Schedule "A" (Definitions and Interpretation) of this Agreement. "Final Report Date" means June 30, 2011. "Financial Assistance" means the funds contributed by the Senior Government to be advanced by the Ministry to the Recipient pursuant to this Agreement. Page 5 of 44 "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 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 in accordance with Generally Accepted Accounting Principles. "Government of Ontario" means Her Majesty the Queen in right of Ontario. "Infrastructure" means publicly or privately owned fixed capital assets in Ontario for public use or benefit. "Licensed Marks" has the meaning given to it in Section 13 of Schedule "A" (Definitions and Interpretation) of this Agreement. "Local Government" means a "municipality" as defined in the Municipal Act, 2001 (Ontario) 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, but excludes municipalities having a population in excess of 250,000. "Maximum Financial Assistance" has the meaning set out in Section 4.5 Schedule "A" (Definitions and Interpretation) of this Agreement and Schedule "F" (Financial Assistance) of this Agreement. "Ministry" means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs. "Ontario Maximum Financial Assistance" has the meaning set out in Schedule "F" (Financial Assistance) of this Agreement. "OSTAR" means the Ontario Small Town and Rural Development Infrastructure initiative under the Canada - Ontario Infrastructure Program. "P - Agreement" means the agreement entered into between the Ministry and the Recipient on October 18, 2005. "Parties" means the Ministry and the Recipient collectively. "Party" means either the Ministry or the Recipient, as the case may be. "Payment Certifier" means a payment certifier as defined in subsection 1(1) of the Construction Lien Act (Ontario). "Progress Report" has the meaning given to it in Section 6.2 of Schedule "A" (Definitions and Interpretation) of this Agreement. Page 6 of 44 "Project" means the project described in Schedule "B" (Description of Project) of this Agreement. "Project Schedule" means the schedule set out in Schedule "E" (Project Schedule (Milestones)) of this Agreement. "Recipient" has the meaning given to it on the first page of this Agreement. "Senior Government" means the Ministry and the Federal Government collectively. "Substantially Performed" has the meaning set out in and shall be determined in accordance with subsection 2(1) of the Construction Lien Act (Ontario). "Total Eligible Costs" has the meaning set out in Schedule "F" (Financial Assistance) of this Agreement. 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 in this Agreement or in any schedule hereto shall be deemed to require the prior and express written approval of the Ministry. SECTION 2 TERM OF AGREEMENT 2.1 Retroactive effective date of Agreement. This Agreement shall be retroactively effective as of March 30, 2011. 2.2 Referential Incorporation of Certain Schedules From P- Agreement Into This Agreement. Schedules "B" (Description of the Project), "D" (Budget), "E" Project Schedule (Milestones)) and "F" (Financial Assistance) of the P- Agreement are referentially incorporated into this Agreement as they read immediately before this Agreement comes into effect. Page 7 of 44 2.3 Term of Agreement. 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 Effective Date, up to and including the Expiration Date. 2,4 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. SECTION 3 ELIGIBLE COSTS 3.1 Eligible Costs. In order for a cost to be eligible for Financial Assistance pursuant to this Agreement (an "Eligible Cost "), the cost must be in accordance with Part C.1 of Schedule "C" (Eligible Costs) of this Agreement and be specifically identified in Schedule "D" (Budget) of this Agreement, except where otherwise expressly approved in writing by the Ministry. For greater certainty, where Schedule "B" (Description of the Project) of this Agreement identifies a portion of the works that are specifically excluded from the description of the Project under this Agreement, the costs associated with that portion of the works are not eligible. 3.2 Discretion of Ministry. Subject to Section 3.1 of Schedule "A" (Definitions and Interpretation) of this Agreement, the eligibility of any items not listed in Schedule "C" (Eligible Costs) of this Agreement will be determined in accordance with Ministry policies and guidelines. The final eligibility of items claimed is at the sole discretion of the Ministry. The Recipient should consult with Ministry staff when in doubt over specific items prior to incurring costs. 3.3 Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipts, etc.) of payment related to Eligible Costs and such supporting documentation must be available to the Ministry when requested and maintained by the Recipient for audit purposes. 3.4 Ineligible Costs. Notwithstanding anything else contained herein, the costs that are not eligible for Financial Assistance pursuant to this Agreement are set out in Part C.2.1 of Schedule "C" (Ineligible Costs) of 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 an Eligible 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 Eligible Cost shall be deemed ineligible for Financial Assistance. 3.6 Clarification. For clarity, the Recipient hereby expressly acknowledges that the inclusion of an item in the Budget does not necessarily mean that such item is an Eligible Cost. Where there is a conflict between the Budget and this Article, the provisions of this Article shall prevail. Page 8 of 44 SECTION 4 FINANCIAL ASSISTANCE 4.1 Use of Financial Assistance. The Financial Assistance is intended for and shall be used only for Eligible Costs. 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 "F" (Financial Assistance) of this Agreement. 4.3 Semi - Annual Reporting. The Recipient is required to submit semi - annual cash -flow reports to the Ministry pursuant to Section 6.1 of Schedule "A" (Definitions and Interpretation) of this Agreement prior to the Ministry releasing any Financial Assistance. 4.4 Funds advanced. If Financial Assistance is provided to the Recipient by the Ministry prior to the Ministry receiving evidence that the associated Eligible Costs have already been paid by the Recipient, then such Financial Assistance, including all interest earned thereon, shall be deemed to remain the property of the Ministry and must be held by the Recipient in trust for the Ministry in an interest bearing account pending payment of Eligible Costs. Without limitation, any payment of Financial Assistance that is made to the Recipient without the requirement of the Recipient first providing the Ministry with either a Progress Report or a Final Report must meet the requirements of this Section os Schedule "A" (Definitions and Interpretation) of that Agreement. 4.5 Maximum Financial Assistance. The total amount of Financial Assistance provided to the Recipient shall in any event be no greater than the Maximum Financial Assistance. 4.6 Excess funds. Where actual costs are lower or appear likely to be lower than the total eligible expenditures identified in the Budget, or where additional funding is secured from other government sources such that the funds available to the Recipient for the Project (other than the Financial Assistance) exceed the Maximum Financial Assistance, the Recipient shall immediately notify the Ministry. The Ministry may, in its sole discretion, Adjust the Financial Assistance on the Project. 4.7 Interdependent Projects. Where implementation of the Project is dependent on completion of a project by others and the interdependent project is not completed by others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the Project. 4.8 Recipient not carrying out Project. The Recipient shall immediately notify the Ministry if it does not intend to carry out the Project in whole or in part as specified in Schedule "B" (Description of Project) of this Agreement in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance for the Project. 4.9 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 for the Project. Page 9 of 44 4.10 Alternatives to Project. If the Recipient becomes aware of any alternatives to the Project that are more cost effective (for example, an area /joint servicing scheme), 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 alternatives to the Project that are more cost effective, the Recipient will be notified and the Ministry may, in its sole discretion, Adjust the Financial Assistance. 4.11 Goods and Services Tax or Harmonized Sales Tax. The Financial Assistance is based on the net amount of goods and services tax or the harmonized sales tax (as the case may be) to be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable rebates. 4.12 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 the Project or is in default of compliance with any provisions of this Agreement or any applicable legislation. 4.13 Insufficient funds provided by the Legislature. If, in the opinion of the Ministry, 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 Ministry may terminate this Agreement in accordance with the terms specified in Section 15.5 of Schedule "A" (Definitions and Interpretation) of this Agreement. 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 completion of a project by others, the Recipient shall be fully responsible for obtaining any assurances that it may require from others in relation to the implementation of the Project by the Recipient. 5.2 Ministry not responsible for implementation. The Ministry shall not be responsible in any way whatsoever for the undertaking, implementation and completion of the Project or any interdependent project of others. 5.3 Ministry not responsible for costs, etc. The Ministry shall not be responsible for any costs associated with the operation, maintenance and repair of the Project nor for any claims, proceedings or judgments arising from the tender and bidding process. 5.4 Behaviour of Recipient. The Recipient shall 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 Schedule subject to any reasonable changes that the Ministry may agree to or require from time to time in writing. Page 10 of 44 5.5 Competitive process. The Recipient shall acquire and manage all equipment, services and supplies required for the Project through a transparent, competitive process that ensures the best value for funds expended. 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 and: a) the expertise 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. 5.6 Competitive tender. Except as otherwise approved in writing by the Ministry, all portions of the construction component of the Project (including materials and equipment) shall be competitively and openly tendered, in the opinion of the Ministry, to competent contractors capable of completing the construction component of the Project, and the Contract must be awarded to the lowest qualified bidder or, where the bid price is not the sole specified selection criterion, the highest ranked bidder. 5.7 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which the Government of 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 Sections 5.5 and 5.6 of Schedule "A" (Definitions and Interpretation) of this Agreement and the requirements of this Section 5.7 of Schedule "A" (Definitions and Interpretation) of this Agreement, the requirements referenced in this Section 5.7 of Schedule "A" (Definitions and Interpretation) of this Agreement shall apply. 5.8 Long - term capital management plan. The Recipient shall prepare and update annually thereafter a long -term capital asset management plan which outlines how the Recipient intends to meet its financial and other commitments for maintaining the Infrastructure on an ongoing basis, including plans to recover the full operating costs through service charges where appropriate. Upon request, the Recipient shall provide to the Ministry a copy of its then current long -term capital management plan. 5.9 Final claims. The Recipient shall submit its final claims with the required documentation for approval, cost reviews, audits and settlement within three (3) months of completion of the Project and no later than the Final Report Date or such later date as is specified in writing by the Ministry. Upon completion of the cost reviews, 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, the required documentation for approval, cost reviews and audits on an interim basis. 5.10 Commencement of Project. The Recipient shall begin the Project within six (6) months after the date of this Agreement, failing which this Agreement may be terminated Page 11 of 44 pursuant to Section 15 of Schedule "A" (Definitions and Interpretation) of this Agreement. 5.11 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 extent possible; c) conform to all policies and procedures issued by the Senior Government for the COMRIF Initiative; d) are awarded and managed: (i) (ii) in a way that is transparent, competitive and consistent with value for money principles; and in accordance with all applicable policies and procedures issued by the Government of Ontario; e) require that the parties thereto comply with all applicable legislation; and f) authorize the Ministry and the Federal Government to gather data, perform audits and monitor the Project as they see fit. SECTION 6 REPORTING REQUIREMENTS 6.1 Cash Flow Report. The Recipient shall submit semi - annual reports for the Project to the Ministry on or before February 15 and August 15 of each Fiscal Year outlining the current cash flow and projections and the Recipient shall follow such administrative procedures as are specified from time to time by the Ministry. For bridge infrastructure Projects, additional submissions may be required during the design phase of the Project, as described in Schedule "H" (Additional Provisions) of this Agreement. 6.2 Claims Submission. All Claim Submissions shall include the following reports: 1. Progress Report. The Recipient shall provide the Ministry with a report in the form set out in Schedule "K" ( "Progress Report ") of this Agreement that shall contain sufficient information to allow the Ministry to assess the progress of the Project. The Progress Report shall include: 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; c) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying the percentage of the Project completed; Page 12 of 44 d) details of any variance from the Project, the Budget and /or the Project Schedule; and e) any other information respecting the Project that may be requested by the Ministry. 2. Claim Report. The Recipient shall provide the Ministry with a report in the form set out in Schedule "L" ( "Claim Report ") of this Agreement on the invoices received and paid for the Project as at the date of the payment request which shall contain sufficient information to allow the Ministry to assess the eligibility of that portion of the Project for which disbursement is being requested and the individual Project tasks and Milestones. The Claim Report shall include: a) an invoice summary, in the form prescribed by the Ministry; b) a list of the vendor from which the invoice was received; c) a description of the type of work performed for each invoice; and d) when requested, all original invoices and receipts for the Project. 6.3 Final Report. Within three months of the Project becoming Substantially Performed 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 in a form satisfactory to the Ministry and the Recipient shall follow such administrative procedures as are specified from time to time by the Ministry. The Final Report shall include: a) a detailed description of the Project as completed, including photographs; b) particulars of how the Communication Requirements have been implemented or applied; c) a final unaudited financial statement showing Project expenditures and revenue, prepared by a qualified person; d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying that the Project has been Substantially Performed; e) an invoice summary, in the form prescribed by the Ministry; f) a final cost summary in the form appended as Schedule "M" (Final Report) of this Agreement ; 9 ) when requested, all original invoices and receipts for the Project; h) details of any variance from the Project, the Budget and /or the Project Schedule; and Page 13 of 44 any other information respecting the Project that may be requested by the Ministry, including, but not limited to, audited financial statements. Upon receipt of the Final Report, the Ministry shall not be obligated to consider any further claims in relation to the Project. SECTION 7 RECORDS AND AUDIT 7.1 Separate records. The Recipient shall maintain separate records and documentation for the Project and keep all records and documentation for six (6) years after the final settlement of accounts referred to in Section 5.9 of Schedule "A" (Definitions and Interpretation) of this Agreement. Upon request, the Recipient shall submit 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 Ministry. The Recipient shall provide to the Ministry, upon request and at the Recipient's 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 invoice summaries 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 the COMRIF Initiative, 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 the COMRIF Initiative, or any other provincial program(s). Such material shall be provided to the Ministry and other ministries of the Government of Ontario as may be requested from time to time, all in a form and manner satisfactory to the Ministry and other ministries of the Government of Ontario, as applicable. 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" (Definitions and Interpretation) of this Agreement. 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 Ministry and the Federal Government, their respective agents and employees, including the Ontario Provincial Auditor's Office, shall be allowed Page 14 of 44 access to the Recipient's premises and staff and to the Project site at all reasonable times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (iii) confirm the results of the Project in terms of resolving the infrastructure problems that cause an immediate and serious problem for human health or the environment. 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 the COMRIF Initiative, or any other provincial program(s) (either current or future). In addition, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the Project. SECTION 8 OVERPAYMENT 8.1 Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement in accordance with Section 5.9 of Schedule "A" (Definitions and Interpretation) of this Agreement 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 the Project, the Ministry will determine the final amount of Financial Assistance on the Project (the "Allowable Financial Assistance "). The Recipient agrees to repay to the Ministry, upon receipt of a written demand and within the period specified by the Ministry, that portion of the total of the funds advanced that exceeds the Allowable Financial Assistance applicable to the Project, as determined by the Ministry, as well as any funds 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 pursuant to Section 8.1 of Schedule "A" (Definitions and Interpretation) of this Agreement made on the Project from financial assistance payable on any other project(s) of the Recipient under the COMRIF Initiative or any other provincial program(s) (either current or future). Any overpayment made on any other project(s) of the Recipient under the COMRIF Initiative 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 15 of 44 9.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the period during which this Agreement is in effect, with insurers acceptable to the Ministry: a) Comprehensive general liability insurance to an inclusive limit of not less than five million ($5,000,000.00) dollars per occurrence for property, damage, bodily injury and personal injury including, at least the following policy endorsements: (i) SECTION 9 INSURANCE AND BONDING Her Majesty the Queen in right of Ontario as an additional insured for the purposes of the Project only; (ii) cross liability; (iii) contractual liability; (iv) independent contractors; (v) products and completed operations; (vi) employer's liability and voluntary compensation; (vii) thirty (30) day written notice of cancellation; (viii) tenants legal liability (if applicable); and (ix) Non -owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and b) All the necessary insurance that would be considered appropriate for a prudent Recipient of this type undertaking a project similar to the Project, including, where appropriate and without limitation, property, construction and errors and omissions insurance. 9.2 Certificates of Insurance. Prior to any scheduled payment of Financial Assistance pursuant to this Agreement and throughout the term of this Agreement, the Recipient shall provide the Ministry with a valid certificate of insurance that references the Project, confirms the above requirements and identifies major exclusions in the 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 one hundred and fifty thousand ($150,000.00) dollars covering the Page 16 of 44 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 one hundred and fifty thousand ($150,000.00) dollars covering the payment for labour, material or both. SECTION 10 INDEMNITY 10.1 Ministry not liable. In no event shall the Ministry be liable for: a) any bodily injury, death or property damage to the Recipient, its employees, agents, or Consultants or for any claim, demand or action by any third party against the Recipient, its employees, agents or Consultants, arising out of or in any way related to this Agreement or the Project; nor b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or Consultants arising out of or in any way related to this Agreement or the Project. 10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her directors, officers, employees and agents from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses (including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario)) and for any and all liability for damages to property and injury to persons (including death) which Her Majesty the Queen in right of Ontario, Her 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: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any omission or other wilful or negligent act of the Recipient, a third party, their respective employees, officers, servants or agents. 10.3 Further Indemnity. The Recipient further agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which Her Majesty the Queen in right of Ontario, Her 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: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any omission or other wilful or negligent Page 17 of 44 Where asset is sold, leased, encumbered or disposed of: Return of contribution (in current dollars) Within 2 Years after Project completion 100% Between 2 and 5 Years after Project completion 55% Between 5 and 10 Years after Project completion 10% act of the Recipient, a third party, their respective employees, officers, servants or agents. SECTION 11 TRANSFER AND OPERATION OF INFRASTRUCTURE 11.1 Transfer of ownership. Unless otherwise agreed to by the Senior Government, the Recipient will retain title to, and ownership of, the Infrastructure resulting from the Project for at least ten (10) years after Project completion. 11.2 Repayment. In the event that at any time within ten (10) years from the date of completion of the Project, the Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with the Financial Assistance contributed under the terms of this Agreement, other than to Canada, Ontario, a Local Government, or a Crown corporation of Ontario that is the latter's agent for the purpose of implementing this Agreement, the Recipient hereby undertakes to repay the Senior Government, on demand, a proportionate amount of the Financial Assistance, as follows: 11.3 Notice. At any time during the ten (10) 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. 11.4 Deduction from Financial Assistance. The Ministry may deduct the amount of Financial Assistance to be repaid under Section 11.2 of Schedule "A" (Definitions and Interpretation) of this Agreement from Financial Assistance payable on any other project(s) of the Recipient under the COMRIF Initiative or any other provincial program(s) (either current or future). 11.5 Infrastructure Operation. The Infrastructure established with the Financial Assistance from the Ministry shall be used, maintained and operated for a period of at least one half of the expected useful life of the asset after the completion of the Project as set out in Schedule "H" (Additional Provisions). Any contravention of this provision shall give the Ministry the right to Adjust the Financial Assistance. 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 Page 18 of 44 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 Her Majesty the Queen in right 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 provisions of the Act. SECTION 13 COMMUNICATION AND RECOGNITION 13.1 Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of Canada and 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 COMRIF (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 Senior Government to the Project 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. 13.3 Use of Licensed Marks. In consideration of receiving the Financial Assistance, the Recipient agrees to use the Licensed Marks as follows: a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the Communications Requirements set out in Schedule "I" (Communications Requirements) of this Agreement and not to use any other mark or trademark in combination with any of the Licensed Marks without the prior written approval of the COMRIF Management Committee. The Recipient agrees that it will not alter, modify, dilute or otherwise misuse the Licensed Marks. b) the Recipient agrees to submit to the COMRIF Joint Secretariat 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 the COMRIF Joint Secretariat may from time to time upon reasonable notice designate; Page 19 of 44 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 COMRIF Joint Secretariat and upon the direction of the COMRIF Joint Secretariat express disclaimers to that effect; and d) the Recipient agrees to promptly inform the COMRIF Joint Secretariat 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 COMRIF Joint Secretariat, 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. 13.5 Indemnity. The Recipient hereby indemnifies the Government of Ontario against any and all claims for death, illness, personal injury, property damage, improper business practices, or loss of any kind where such claims are in whole or in part premised upon the Recipient's use of the Licensed Marks. SECTION 14 COVENANTS, REPRESENTATIONS AND WARRANTIES 14.1 Covenants, representations and warranties. 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 has the authority and any necessary approval to enter into this Agreement and to carry out its terms and conditions; c) it has or will apply for all permits, approvals and licenses which are required in order to carry out the Project, including all permits, approvals and licenses required under the Environmental Laws; d) it validity exists as a legal entity with full power to perform and observe all of the terms and conditions of this Agreement; e) where applicable, it has passed by -laws required to undertake the Project; f) it is now and will continue to be compliant with all Environmental Laws; g) it owns or has a long -term lease (inclusive of renewals) for the lands on which the Infrastructure is or will be located that expires no earlier than ten (10) years following Project completion; Page 20 of 44 h) provided that the Recipient is not a municipality or a Crown Agency, (i) it is not a non - resident of Canada within the meaning of the Income Tax Act (Canada), (ii) is either a corporation, a partnership or a sole proprietorship validly in existence, and (iii) is registered and qualified to do business wherever necessary to carry out the Project; i) it has the experience, financial health and ability to carry out this Project; j) if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative authority to carry out the Project; k) other than the Financial Assistance being provided pursuant to this Agreement, the Recipient has not and will not use any funds received from Her Majesty the Queen in Right of Ontario or a Crown Agency towards any aspect of the Project. Notwithstanding the foregoing, the Recipient may use funds received from the Northern Ontario Heritage Fund for the purposes of carrying out the Project; and I) all information provided during the COMRIF Initiative application process remains true, correct and complete in every respect except as set out to the contrary herein. Without limitation, the Project, Project Budget and Project Schedule are as set out herein. 14.2 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 for the Project. 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 pursuant to this Agreement is materially untrue in any respect; Page 21 of 44 c) if an order is 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; f) if in the opinion a material adverse change occurs such that the viability of the Recipient as a going concern is threatened; 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, 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; i) if the Recipient has submitted false or misleading information to the Ministry; or 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" (Definitions and Interpretation) of this Agreement. 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 thirty (30) days or such period of time as the Ministry may consent to in writing: a) the Ministry shall have no further obligations to provide any Financial Assistance for the Project; Page 22 of 44 b) the Ministry may, at its option, terminate this Agreement and 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 Government of Ontario on accounts receivable; and c) 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 of Schedule "A" (Definitions and Interpretation) of this Agreement, 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 seven (7) 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 prior to its expiration, shall only be responsible for the payment of Financial Assistance on the portion of the Project completed and Eligible Costs already incurred and paid 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 three (3) months of notice of termination being given to the Recipient pursuant to this Section. 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 "H" (Additional Provisions) of this Agreement 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 have been given 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 Page 23 of 44 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 of Schedule "A" (Definitions and Interpretation) of this Agreement 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 and the Consultant 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 Ministry 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 7.4 of Schedule "A" (Definitions and Interpretation) of this Agreement. 17.2 Time 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 enure 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 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. The following schedules, sections and provisions of this Agreement shall survive the expiration or early termination hereof: Section 4 (Financial Assistance), Page 24 of 44 Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8 (Overpayment), Section 10 (Indemnity), Section 11 (Transfer and Operation of Infrastructure), Section 12 (Conflict of Interest and Confidentiality), Section 13 (Communications and Recognition), Section 14 (Covenants, Representations and Warranties), Section 15 (Default, Enforcement and Termination), Section 5.8 (Long -term capital management plan) and Section 17.11 (Interest) of Schedule "A" (Definitions and Interpretation); Schedule "G" (Federal Requirements); Schedule "H" (Additional Provisions); and Schedule "I" (Communications Requirements — as it relates to the Recipient's obligation to maintain a permanent plaque in cases where it is necessary to install a permanent plaque). 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 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. 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 Senior Government. 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 Ministry and /or the Federal Government. 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 Ministry and /or the Federal Government, to act as an agent of the Ministry and /or the Federal Government, or to bind the Ministry and /or the Federal Government 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. Page 25 of 44 17.15 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. 17.16 Data. The Recipient agrees that the Ministry may, in its sole discretion, gather and compile data required under this Agreement and disclose such data to the Federal Government. 17.17 Priority. Where there is a conflict between one or more of the schedules of this Agreement, the following order of priority shall apply: Schedule "A" (General Terms and Conditions), Schedule "C" (Eligible Costs), Schedule "B" (Description of the Project) and all other schedules. 17.18 Joint authorship of Agreement. The Parties shall be considered joint authors of this Agreement and no provisions shall be interpreted against one Party by the other Party because of authorship. — End of General Terms and Conditions — Page 26 of 44 SCHEDULE "B" DESCRIPTION OF THE PROJECT This Schedule referentially incorporates the Schedule "B" (Description of the Project) from the P- Agreement as it read immediately before this Agreement comes into effect. Page 27 of 44 C.1 ELIGIBLE COSTS SCHEDULE "C" ELIGIBLE COSTS C.1.1 Eligible Costs are all direct costs that, in the opinion of the Ministry, are: a) Properly and reasonably incurred by the Recipient and no other person; and b) Paid under a Contract for goods or services necessary for the implementation of the Project. C.1.2 Eligible Costs may only include: a) Costs incurred after November 15, 2004 (in respect of a non -OSTAR carry -over Project) OR Costs incurred after May 6, 2004 (in respect of an OSTAR carry -over Project), and no later than March 31, 2011, as the case may be; b) The capital costs of acquiring, constructing or renovating a fixed capital asset; a) The costs incurred for professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing, or construction of the Project Infrastructure asset and related facilities and structures; b) The costs of environmental assessments, consisting of the engineering costs directly related to implementing the preferred solution selected under the environmental assessment process, required to undertake the Project Infrastructure, and follow -up investigations, as required by the Canadian Environmental Assessment Act and the Environmental Assessment Act (Ontario); c) The costs of any public announcement and official ceremony, or of any temporary or permanent signage, as set out in this Agreement; d) The costs of bridge inspection reports incurred after November 15, 2004, that are completed in respect of the Project in accordance with the Ontario Structure Inspection Manual; and e) Other costs that are direct and necessary for the successful implementation of the Project and that have been approved in advance, and in writing, by the Ministry. C.1.3 The cost of the Recipient's employees or equipment may be included in its Eligible Costs if: a) The Recipient is a rural or isolated Local Government; Page 28 of 44 b) The Recipient satisfies the Ministry that it is not economically feasible to tender a Contract; 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 INELIGIBLE COSTS C.2.1. Notwithstanding any other provision in this Schedule other than C.1.3, costs related to the following are not eligible: a) Costs incurred before November 15, 2004 (in respect of a non -OSTAR carry- over Project) OR Costs incurred before May 6, 2004 (in respect of an OSTAR carry-over Project), and costs incurred after March 31, 2011 as the case may be; b) Services or works that, in the opinion of the Ministry, are normally provided by the Recipient or a related party; c) Salaries and other employment benefits of any employees of the Recipient; d) Overhead costs, direct or indirect operating or administrative costs and, more specifically costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff; e) Costs of feasibility and planning studies; f) Taxes for which the Recipient or a Third Party is eligible for a tax rebate, and all other costs eligible for rebates; g) Costs of land or any interest therein, and related costs; f) Financing charges and interest costs; g) Cost of leasing of equipment by the Recipient; h) Costs related to an increase in the need for services attributable to new residential development; k) Legal fees; and I) Routine repair and maintenance costs. Page 29 of 44 SCHEDULE "D" BUDGET This Schedule referentially incorporates the Schedule "D" (Budget) from the P- Agreement as it read immediately before this Agreement comes into effect. Page 30 of 44 SCHEDULE "E" PROJECT SCHEDULE (MILESTONES) This Schedule referentially incorporates the Schedule "E" (Project Schedule (Milestones)) from the P- Agreement as it read immediately before this Agreement comes into effect. Page 31 of 44 SCHEDULE "F" FINANCIAL ASSISTANCE This Schedule referentially incorporates the Schedule "F" (Financial Assistance) from the P- Agreement as it read immediately before this Agreement comes into effect. Page 32 of 44 SCHEDULE "G" 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 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). The Recipient represents and warrants to the Federal Government that other than the Financial Assistance being provided pursuant to this Agreement, the Recipient has not and will not use any other funding received from the Federal Government towards any aspect of the Project. 3. The Recipient agrees to indemnify and hold harmless the Federal Government, its directors, officers, servants, employees and agents from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses (including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario)) and for any and all liability for damages to property and injury to persons (including death) which the Federal Government, its directors, officers, servants, 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: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any omission or other wilful or negligent act of the Recipient, a third party, their respective employees, officers, servants or agents. 4. 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. 5. The Recipient acknowledges that the provisions of the Access to Information Act (Canada) and the Privacy Act (Canada) and regulations thereunder bind Her Majesty the Queen in right of Canada. 6. The Recipient acknowledges that the Federal Government is or will be the owner of certain distinguishing marks comprised of designs, trademarks and official marks in relation to COMRIF (the "Federal Licensed Marks ") and the Recipient is subject to the requirements of Page 33 of 44 Section 13 (Communication and Recognition) of this Agreement, with appropriate changes, in relation to the Federal Licensed Marks. 7. 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. 8. Notwithstanding any provisions of this Agreement, all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act (Canada). 9. All of the provisions of this Schedule "G" (Federal Requirements) of this Agreement shall survive the expiration or early termination of this Agreement. 10. Pursuant to the requirements of the Canadian Environmental Assessment Act, 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. 11. 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. Page 34 of 44 (a) If to the Ministry: (b) If to the Recipient: Phone: 1- 866 - 306 -7827 Fax: (519) 826 -4336 City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON, ON L2E 6X5 SCHEDULE "H" ADDITIONAL PROVISIONS The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "A" (General Terms and Conditions) of this Agreement hereto, notice can be given at the following addresses: Ministry of Agriculture, Food and Rural Affairs 1 Stone Road West, 4 Floor Geulph, ON N1G 4Y2 2. Other provisions: 3. Other Reporting Requirements: [e.g. bridge requirements] 4. Useful Life of Project Infrastructure: [i.e. no. of years] Page 35 of 44 Purpose of Schedule General Principles SCHEDULE "I" COMMUNICATIONS REQUIREMENTS Unless specified otherwise in Schedule "G" (Federal Requirements) of this Agreement, for the purposes of this Schedule "I" (Communications Requirements) of this Agreement, the Recipient shall follow these communications requirements. 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 Senior Government and the Recipient. The Recipient will work with COMRIF officials and other partners to undertake communication activities ensuring equal recognition of all parties making a significant financial contribution to the Project. All ceremonies, events, signs and plaques will follow these Communications Requirements and any other requirements that may be specified by COMRIF Joint Secretariat from time to time. 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 announcements, ceremonies, signs and plaques unless the COMRIF Joint Secretariat provides otherwise. All announcements and ceremonies will be organized jointly with equal participation from all parties making a significant financial contribution to the Project. Both official languages will be used for public information, signs and plaques in accordance with Canada's language standards for Projects. Signs and Plaques The Recipient must comply with the COMRIF style guide when designing all signs and plaques as set out below: • COMRIF style guide and digital templates are available from the COMRIF website at www.comrif.ca. For more information, please contact the COMRIF Joint Secretariat at 1- 866 - 306 -7827. The Recipient will ensure that proofs of all Project signs and plaques are reviewed by the COMRIF Joint Secretariat before installation. Page 36 of 44 Responsibilities The Recipient is responsible for producing and erecting Project signs to communicate the nature of the Project and the involvement of the Senior Government and the Recipient. Project signage will be erected at all sites, facilities, etc. where the Financial Assistance is being used, as negotiated with the COMRIF Joint Secretariat. The Recipient shall erect signs and install plaques as directed by this Schedule. The relevant standards and procedures are outlined in the following paragraphs. External Project Signs (Temporary) • External Project Signs (at least 120cm high x 240cm wide / four feet high by eight feet wide) are required where the Maximum Financial Assistance exceeds $100,000, the Project is underway and where the duration of the Project is longer than three months. Larger signs (240cm high by 480cm wide / eight feet high or sixteen feet wide) are required where the Maximum Financial Assistance exceeds $1,000,000, where the Project is under way and where the duration of the Project is longer than six months. • External Project signs will follow the approved design and guidelines outlined in the COMRIF style guide. These guidelines provide specifications such as the required positioning of government logos and those of its public and /or private sector partners, as appropriate. • Both official languages will be used for public information, signs and plaques when required by Canada's language standards for Projects. • The Recipient will submit proofs via e -mail or fax of the external Project signs to the COMRIF Joint Secretariat for approval. • The Recipient will oversee the manufacture of the sign and ensure that the selected location of the sign does not restrict access, pose any hazard or interfere with facilities and services (e.g. electrical systems, drainage, etc.). • The Recipient will ensure that the Project signs are erected in prominent locations at the Project site as soon as possible after the execution of this Agreement and no later than 10 days after the start of construction. Erected signs should be maintained for up to 30 days following Project completion. The Recipient will arrange for sign removal and re- cycling following the 30 -day period. • Signs should be freestanding, securely assembled and erected, away from other distracting signs. No other sign, including those of design and /or engineering firms and /or contractors involved with the Project, should be attached to the Project sign. • The Recipient is responsible for sending to the COMRIF Joint Secretariat, within 30 days of receipt of the COMRIF approval of design proofs, a photograph (digital or otherwise) that portrays the erected sign in relation to the Project. • Where the Maximum Financial Assistance does not exceed $100,000, the Recipient may, at its option, install a sign (following the requirements of this Schedule) and the costs associated with so doing will be an Eligible Cost in accordance with this Schedule. Page 37 of 44 Plaques (Permanent) • Upon completion of a Project where the Maximum Financial Assistance exceeds $500,000, the Recipient will install a permanent plaque using acrylic, photo sublimination, cast aluminium or cast bronze. If the Maximum Financial Assistance exceeds $1,000,000, the Recipient will install a permanent plaque using cast aluminium or cast bronze. • Permanent plaques may follow the design outlined in the COMRIF style guide or use a style suited to the building, provided all governments and partner logos are included. • Costs for plaques will be part of the Project's Eligible Costs in accordance with this Schedule. • The Recipient will submit proofs of the plaques to the COMRIF Joint Secretariat for approval. • Both official languages will be used for public information, signs and plaques when required by Canada's language standards for Projects. • Upon completion of a Project where the Maximum Financial Assistance does not exceed $500,000, the Recipient may, at its option, install a permanent plaque (following the requirements of this Schedule) and the costs associated with so doing will be an Eligible Cost in accordance with this Schedule. Eligible Costs External Project Signs (Temporary) Small sign: 120 cm high by 240 cm wide /4 feet by 8 feet Installation — 1,000 TOTAL $2,250 Large sign: 240 cm high x 480 cm wide /8 feet by 16 feet Installation — 2,000 TOTAL $4,250 Plaques (Permanent) Plaque: 71 cm high x 45.7 cm wide /28 inches high by 18 inches wide Cast Bronze $2,500 for one colour Cast Aluminum $2,000 for up to three colours Engraved Acrylic $1,500 for up to three colours Embedded Acrylic $400 for up to three colours Photo Sublimation $100 for up to three colours Page 38 of 44 Announcements and Ceremonies Senior Government, in cooperation with the Recipient, is responsible for organizing the Project approval announcement. Milestone events, such as ground - breakings and ribbon - cuttings, will be organized by the Recipient, in cooperation with the Senior Government. All governments must be equally represented at all events. When asked by elected representatives or designated officials from the Senior Government, the Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the availability of participants from all levels of government. The Senior Government will consider announcing Projects by news release only when scheduling conflicts prevent announcing Project approval through a local event within 45 days of final approval by the Senior Government. 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 Senior Government, prior to the event. After the participants, date and location have been determined, the Recipient should send out invitations to all guests. Where appropriate, the Recipient should invite the general public by posting notices in public areas, such as post office and libraries or by placing public service announcements in the local media. All written communications (invitations, public service announcements, posters, etc.) must indicate that the Project received Financial Assistance from the Governments of Canada and Ontario under COMRIF. The Recipient could arrange for light refreshments to be served after the event, for example coffee, tea, juice, donuts and muffins. The Recipient will have an opportunity to provide input into the agenda, news release, etc. and will receive final copies. To ensure the COMRIF visual identity is visible at all events, a COMRIF backdrop and /or lectern sign will be provided to the Recipient for the event. Federal, provincial and municipal flags should also be on display at all COMRIF events. Responsibilities The Recipient will: • make all local arrangements (e.g., podium, flags as appropriate, seating for speakers, shovels for ground- breaking ceremonies or ribbon for opening ceremonies, etc.) if required; • produce invitation and guest list and distribute invitations; • display Project material; Page 39 of 44 • choose a Master of Ceremonies, if required; • arrange for refreshments if desired; and, • arrange for a public address system if appropriate. Eligible Costs A portion of a recommended event (sod turning, plaque unveiling, ribbon - cutting, official opening) will be funded in accordance with this Agreement. In order for a cost to be considered an Eligible Cost for the purposes of this Schedule, COMRIF Joint Secretariat must pre- approve the budget related to the event. No more than $750 of Eligible Costs will be considered. Only costs associated with events recommended by the Senior Government will be considered Eligible Costs. The Project may be of such regional or provincial significance that it warrants a major event (such determination to be made by the COMRIF Joint Secretariat, in its sole discretion). If this is the case, specific Project budgets above $750 in Eligible Costs may be permitted with the prior approval of the COMRIF Management Committee. For the purposes of announcements and ceremonies, Eligible Costs include the following: • Printing and mailing invitations • Refreshments* • Draping for plaque unveiling • Project material for display and /or media kit • Temporary signage • Rentals such as: • flagpoles • stage • chairs • podium • PA system *Only light refreshments such as coffee, tea, juice, donuts, muffins will be considered Eligible Costs. 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 not Eligible Costs. Page 40 of 44 PROJECTIONS January - March April - June July - September October - December 2011* Total Forecasted: $ - Schedule "J" - Cash Flow Report DATE: MUNICIPALITY: PROJECT NO CONTACT NAME: CONTACT PHONE. CONTACT EMAIL: ACTUALS Canada - Ontario Municipal Rural Infrastructure Fund (COMRIF) Enter the actual costs incurred from project initiation up to December 31. 2010: Actual: Forecasted: Total NOTE: 1 Pease complete this expenditure report based on actual and projected expenditures. Costs are to be identified in the quarter that have been or be incurred (rather than .,'hen they are to be paidi 2 Pllease only include Net Eligible Costs -- total eligible costs minus GST :HST rebate amounts. u. Expenditure Forecast should not exceed total eligible costs as identified in Schedule F of the Contribution. Agreement 4. This report is required on August 15th and February 15th of every ;:ear until the project is complete 5 information that is highlighted in green is formula driven and l auto- populate. Page 41 of 44 $ SCHEDULE '5 K' PROGRESS REPORT Caiiacla Ontario Canada — Ontario Muiftipal Rural Infrastructure Fund (COMRIF) Fonds sur l'infrastructure munidriale rurale Canada-Ontario es7:s Rep appoit::sur reta: ( des: tr3V3.:: Report Rapport n cr de File # Dossier n" Date de tael),J.I ou 2r-Djer, P71:::jecl E.nd Date. : de fin du Local Gcvernment Name No a [7,1 Es n . of Project Comp's: ESirla d, par:.e. des :r33 14;3 Detailed Description DescripTion detainee : Communications Requirements : Eiesoins en Matlete de ccinmunication Issues Points a sculinner : :1113 e Date : Da: Page 42 of 44 ( cOi Ontario ,4f1 I I t.Ifffn Affves f 1 - SCHEDULE L" CLAIM REPORT Canada-Ontario Municipal Rural Infra 5tructure Fund iCOPIFIF■ Claim Statement DE , rr ar de ce .erebousement F I1d 5 Stir F1/111 35.tr UttLit munIipI& Rini* C 3n3da-oint iFimFool i 6'42.; Inforfire, TI.rf, PirgisPflf.- -E. 1,1flt f 101, if fr. - II,sliffvetnn f.sffnuni f)I tannest .4111 Erlosfnl II., 4 - Cf,1*Inf tr,Ilvto Pflait 1 C4*UO n sin ;4k...A kr, 4 Suinfliailfe Aw,41 rty•fiiws :a Iva.. T.IE f- A, - J.6[164 tPi•thell F..44 5 attn.. la frInfti Page 43 of 44 SCHEDULE ^m~ FINAL REPORT Page 44 of 44 C la~ 0 Ontario ownauu~om^v^ Municipal Rural imravo`*vre r kind (COmmr) Final Project Report Rapport ^°p`")~, final ^, Programme Fonds ""rnntr°°tr""tu,^m"".",p^/°n.,"'° Canada-Ontario o=/^xnCp/ cr.~. -______-_ ~"^" /,°=. ~°�-`~— • � .:1" ~m~~" JP, ~m.~�,�*^~~^^. 1 m -__ CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to provide for Council member appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Those members of Municipal Council, as set out in Schedule "A" attached hereto. shall be appointed members to the various Boards. Commissions and Committees. That all appointments are for the 2011 - 2014 term. 3. That by -law 2007 -49 is hereby repealed. Passed this sixteenth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: May 16, 2011 May 16, 2011 May 16, 2011 Appointment to Boards, Commissions & Committees Arts & Culture Committee Recreation Committee Councillor (fates Park In The Cite Committee Councillor Pietrancelo Councillor Gates Mayor's Youth Adv isory Committee Councillor loannoni Committee of Adjustment Councillor Pietrangelo Municipal Heritage Committee \1ay Disabilit. Advisor. Committee Railline Ad Committee Councillor Thomson N. F. Humane Society Board Councillor Vying Niagara Museums Advisory Board \iaeara Falls Tourism (2 - \1a■or1 \-lavor Diodati Councillor Thomson Councillor Alav es :Adult Entertainment , \ppeals Committee C 1 Ma. or Diodati Councillor Thomson Councillor \laves Project Share Board Councillor Min es Niagara balls I.ibrary Board Councillor loannoni Niagara Falls Illumination Board i I — Mayor) Mayor Diodati Councillor \ W inter Testiv al of Lights Board I l i Mayor Diodati Councillor Thomson 1)ovynto..n I31A Councillor loannoni Councillor Morocco \la■er Diodati Clifton Flill BLA Councillor iMases Lurid. 's Lane B1A Councillor Vying Main Sc Ferr. BI:A Councillor Wing Victoria Centre 131A Councillor Kerrio 1 allssievy BIA Councillor Thomson Niagara District Airport Commission Councillor \king Niagara Civic Convention Centre Board Councillor Thomson Transit Route Ad. isory Ad I loc Committee Councillor loannoni Niagara Parks Commission Councillor Kerrio Regional Transportation Steering Committee Councillor Mayes EDULE A by -law to authorize the execution of an Agreement for the accreditation of the operating authority of municipal drinking water systems with Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board and the Corporation of the City of Niagara Falls as City, respecting accreditation for the operation of the municipal drinking water system, as attached hereto, is hereby approved and authorized.. The May and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this sixteenth day of May. 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: May 16, 201 l May 16,2011 May 16, 201 1 CITY OF NIAGARA FALLS By -Ian No. 2011- TFIIS AGREEMENT made BETWEEN AND I ler Majesty the Queen in right of Canada. as represented by the Minister of Public works and Government Services acting through the Canadian General Standards Board (hereinafter referred to as "Canada The Corporation of the City of Niagara Falls. a corporation incorporated under the Taws of the Province of Ontario. Canada. and halving its head office in Niagara Falls. Ontario (hereinafter "the Operating Authority") AGREEMENT FOR THE ACCREDITATION OF THE OPERATING AUTHORITY OF MUNICIPAL DRINKING WATER SYSTEMS WHEREAS Canada_ as represented by the Minister of Public works and Government Services. has made the Canadian General Standards Board (hereinafter "the CGS13 ") responsible for the administration of certain accreditation programs: AND WHEREAS the CGSB has further to its mandate established an accreditation program for the purpose of ascertaining w hether a party is capable of meeting the requirements under the Accreditation Program for Operating Authorities of Municipal Drinking water Systems (hereinafter "the Accreditation Program`): AND WHEREAS the Operating Authority wishes to participate in and he listed under the Accreditation Program with respect to those of its Drinking Water Systems that are listed in the attached Schedule `B`: AND WHEREAS the Operating Authority has made an Application to Canada representing that its services meet the requirements or Ontario•s Drinking Water Quality Management Standard (hereinafter "the Standard') as well as the Program l landhook for the Accreditation of Operating Authorities Municipal Drinking water Systems (hereinafter "the Handbook - ): AND WHEREAS Canada is prepared to list the Operating Authority under the Accreditation Program upon the terms and conditions and for the consideration set out herein: NOW THEREFORE. in consideration or the premises and of the mutual covenants and agreements hereinafter set forth. Canada and the Operating Authority (hereinafter collectively "the Parties - ) agree as follows: 1. Phis non - exclusive Accreditation shall be for a term of three (3) years commencing the 15th day of April 2011 and expiring on the 15th day of April 2014. The following listed documents form part of and are incorporated into this Agreement as fully and effectively as if they were set torth at length in this Agreement: a. •These articles of Agreement: b. Schedule "A -- "Operating Authority•s Application for Accreditation": c. The Handbook d. Schedule "B" "Operating Authority's Drinking water Systems and Facilities ". 1 Application In the event of any discrepancies. inconsistencies or ambiguities in the wording of these documents. the wording of the document that first appears on the above list shall prevail. In the event that a document on the above list is internally inconsistent or ambiguous. the wording that first appears in the document shall prevail over any subsequent wording in the document. 3. Canada declares. and the Operating Authority acknowledges. that Canada's decision to enter into this Agreement is based in part upon the Operating Authority's representations and undertakings that are set out in the Operating Authority's Application for Accreditation submitted by the Operating Authority. Listing in the Accreditation Program 4. During the term of this Agreement and subject to the conditions set out herein. Canada shall list the Operating Authority as a participant in the Accreditation Program provided that the Operating Authority satisfies on an ongoing basis the terms. conditions and other requirements of the Agreement of the Accreditation Program as detailed in the Handbook. 5. The Operating Authority agrees and covenants that it will comply w ith and pertbrm all its obligations in accordance with the terms. conditions. specifications. representations. undertakings and other requirements of this Agreement. the Standard and the I landbook. during the term or this Agreement and for all its drinking w ater systems and facilities listed at Schedule "W. e.hich may be amended from time to time through mutual agreement of CGSI3 and the Operating Authority. including taking responsibility for ensuring that: a. the Operating Authority continues to respect the representations made in the Operating Authority's Application for Accreditation (Schedule the term of this Agreement: and b. the Operating Authority reports to the CGSB. w ithout any delay. any changes to its operations. facilities and procedures. or any other changes relativ to its representations made in the Operating Authority Application fbr Accreditation (Schedule "A .. ). 6. Canada also reserves the right to change the Handbook at any time. If Canada amends the Handbook. the Operating Authority will be notified that a new revision of the Handbook has been released. and it will be the sole responsibility of the Operating Authority to retrieve and implement the most current rev ision of the Handbook. If required. the Operating Authority w i11 be given reasonable time to implement associated changes to its operations. facilities and procedures that are needed to conform to these amendments. After this time. Canada may require that the Operating Authority confirm in writing that it conforms to the revised Handbook. Failure to bring a listed facility into conformance with the revised Handbook within the time given for implementation shall be. at the option of Canada. either grounds for de- listing or a default under this Agreement. 7. Similarly. the Province of Ontario may amend the Standard at any time. it is the sole responsibility' of the Operating Authority to ensure that they monitor and conform to the most current revision of the Standard. If required. the Operating Authority will be given reasonable time to implement associated changes to its operations. facilities and procedures that are needed to conform to these amendments. After this time. Canada may require that the Operating Authority confirm in writing that it conforms to the revised Standard. Failure to bring a listed facility into conformance with the revised Standard within the time given for implementation shall be. at the option of Canada. either grounds for de- listing or a default under this Agreement. 2 Withdrawal and /or Termination by the Operating Authority 8. the Operating Authority may. at any time. infbrm Canada in writing that it is withdrawing from the Accreditation Program. The Operating Authority shall no longer use the CGSB accreditation numher. Upon the Operating Authority's formal withdrawal from the Accreditation Program. Canada shall not be obligated to repay any payment or portion of any payment made by the Operating Authority that corresponds to a period of time extending beyond the withdrawal from the Accreditation Program. 9 The Operating Authority may. at the option of the Operating Authority. terminate this Agreement by giving sixty (60) days' written notice to Canada in the manner set forth and at the address listed at Article 28. Significance of Accreditation The Operating Authority understands and agrees that Canada's execution of this :Agreement and Canada's listing of the Operating Authority as a participant in the Accreditation Program means that the Operating Authority has demonstrated to the satisfaction of Canada that it is capable of contbrming to the requirements of the 1 landbook and those of the Standard. The Operating Authority shall make no other implied or express representations as to the meaning of such a listing. the Operating Authority understands and agrees that the listing of the Operating Authority under the Accreditation Program in no way relieves the Operating Authority of the duty to uphold the laws and regulations applicable to the industry and to maintain a continuing. systematic and diligent program and a quality management system to ensure that the Operating Authority meets or exceeds the requirements of the Handbook and the Standard. Agreement to use the CGSB Accreditation number I It. During the term of this Agreement and subject to the terms and conditions set out herein. Canada hereby grants the Operating Authority the right to use the CGSB accreditation number in accordance with Section 10 of the handbook. "t se of the CGSB name and Accreditation numher'. 11. Canada shall have the right to preview and approve the use of its name. the CGSB accreditation numher or any other representation of its Accreditation Program before publication. printing or other use by the Operating Authority. This right includes the right to preview any other claim or representation made by the Operating Authority in or on advertising. promotional materials or labels that have not been assessed and listed by Canada. 12. The Operating Authority acknowledges that the CGSB accreditation numher is the exclusive property of Canada and that all use of the CGSB accreditation numher by the Operating Authority shall inure to the benefit of Canada. if Canada notifies the Operating Authority that it objects to a use of the CGSB accreditation numher by the Operating Authority. the Operating Authority will have to cease such use immediately. The Operating Authority agrees that it will do nothing inconsistent with Canada's ownership of and title to the CGSB accreditation number. or with the rights provided to the Operating Authority under this Agreement regarding the CGSB accreditation number. Nothing in this Agreement shall give the Operating Authority any right. title or interest in the CGSB accreditation numher other than the right to use the number in accordance with this Agreement. 13. fhe failure of the Operating Authority to conform to the terms. conditions and covenants contained in this Agreement shall entitle Canada. acting reasonably at its sole discretion. to terminate the Agreement. The Operating Authority agrees that the breach of any term. condition or covenant contained in Section 10 of the Handbook. "Use of the CGSB name and Accreditation number ". or Articles 10 to 13 of this Agreement. or any use of the CGSB accreditation numher without 3 Canada's prior consent. will cause irreparable injury to Canada. The Operating Authority therefore agrees. in the event of any such breach. and notwithstanding any provision to the contrary in this Agreement. that it will not oppose Canada's request to a court of competent jurisdiction for injunctive relief preventing the Operating Authority's continued use of the CGSB accreditation number. 14. The Operating Authority shall immediately notify Canada of any apparent infringement of or challenge or claim by any person relating to the CGSB accreditation number. Canada shall have the exclusive right to control as it sees tit. in its sole discretion. any settlement. litigation or other proceeding relating to such infringement. challenge or claim or otherwise relating to the CGSB accreditation number. Accreditation Program Fees 15. Fach }ear during the term of this Agreement. in consideration of the non - exclusive accreditation granted by Canada hereby. and in consideration of Canada's activities relating to its management of the Accreditation Program and its listing of the Operating Authority as a participant. the Operating Authority. shall pay to Canada fees and charges as detailed at Section 9. "Costing". of the Handbook. 16. Payment of the said fees and charges shall he made in the manner set forth at Section 9. "Costing ". of the 1 landhook. Interest on Late Payments 17. The Operating Authority shall he liable to pay to Canada simple interest at the Bank Rate. plus three percent (3.00%). on any overdue amount from the date such amount became ov erdue until the date prior to the date of payment. inclusively. 18. For the purposes of Article 17 a. an amount is '"due and payable" when it is due and payable by the Operating Authority to Canada pursuant to the terms of this Agreement: h. an amount is - ov erdue" when it is unpaid on the first day following the day that it is due and payable_ c. '"date of payment" means the date on which the payment of the fees and charges detailed in Section 9. "Costing' of the 1 andbook is received by Canada: and d. "Bank Rate means the prevailing discount rate of interest set by the Bank of Canada at the opening of business on the date the amount of the fees and charges detailed in Section 9. '"Costing". of the 1 landbook become overdue. Termination for Default 19. Canada may terminate this Agreement upon giving written notice to the Operating Authority in the event that a. the Operating Authority fails. refuses or neglects. or is unable to comply with any of the provisions of this Agreement: h. the Operating Authority tails to comply with the provisions of its Application for Accreditation (Schedule "A"): c. the Operating Authority tails to comply with the requirements of the Standard or the Handbook: 4 21. 2 2. Indemnity d. the Operating Authority fails to respect any of the time periods stipulated. referred to or set in accordance with this Agreement: or e. any amount payable by the Operating Authority to Canada under the terms of this Agreement remains unpaid for more than sixty (60) days. 20. phis Agreement shall terminate without notice. and all rights accorded to the Operating Authority under this Agreement shall he terminated. if the Operating Authority a. applies for or consents to the appointment of a receiver. receiver manager. trustee or liquidator for itself or any of its property: b. is unable or admits its inability to pay its debts as they become due: c. makes a general assignment for the benefit of creditors: d. is adjudicated bankrupt or insolvent; or e. files a voluntary petition in bankruptcy or a petition seeking reorganization or arrangement with creditors: takes ads antage of any insolvency lava: admits to the material allegations of a petition filed against it in any bankruptcy. reorganization or insolvency proceeding: initiates a corporate action to effect any of the foregoing: or if an order is made or a resolution passed for the v inding up of the Operating Authority. The Operating Authority shall he liable to Canada for all loss and damage that may be suffered by Canada by reason of any default on the part of the Operating Authority. Nota%ithstanding anything herein to the contrary. upon termination of this Agreement for any reason of default by the Operating Authority. all fees and charges that are oaaing pursuant to the terms of this Agreement shall immediately become due and pay able. and in no ev ent shall Canada become obligated to repay any payment made or any portion of a payment that has been made and that corresponds to a period of time that extends beyond the date of termination by reason of default. Termination by Canada 23. Canada may. at the option of Canada. and in addition to the provisions of Article 20 herein. terminate this Agreement by giving sixty (60) days' written notice to the Operating Authority in the manner set forth and at the address listed at Article 28. 2 t. In the event Canada terminates this Agreement for any reason other than the Operating Authority's default in respecting any of its obligations hereunder. the annual Program Management charges will he prorated according to the number of days of the then current year during which this Agreement is in effect. and the remaining portion for that year will be reimbursed to the Operating Authority. In the event. however. that the Operating Authority terminates this Agreement pursuant to Article 8 hereof then the Operating Authority shall not be entitled to any reimbursement. 25. Without limiting Canada's remedies and recourses at law. the Operating Authority covenants and agrees to indemnity and save harmless Canada. the Minister of Public Works and Government Services Canada and their servants and agents from and against 5 Assignment a. any damages, costs or expenses or any claim. action. suit or other proceeding that they or any of them may at any time incur or suffer as a result of or arising out of any injury to persons (including injuries resulting in death) or loss of or damage to property of others that may be or be alleged to he caused by or suffered as a result of i. the Operating Authority's operations. facilities and procedures: ii. the proN ision of a serN ice by or for the Operating Authority and in connection with 11. hich the CGSB accreditation numher is used. whether such use is authorized or unauthorized: or iii. any other act or omission of the Operating Authority: b. any and all liability. loss_ cost. damages. legal fees and expenses of whateNer kind or nature that Canada may sustain or incur by reason or in consequence of any act or omission of the Operating Authority in respect of the right granted herein to use the CGSB accreditation numher or display the certificate issued by Canada, or the right to use or the use of the CGSB accreditation number in connection kith any product and/or facilities. hether authorized or unauthorized: and c. any reasonable costs that may he sustained or incurred by Canada in making any investigation on account of any such liability. loss. cost. damage_ legal tees or expenses in defending or prosecuting any action. suit or other proceeding that may he brought in connection therewith or in obtaining a release from liability in connection therewith. or in enforcing an of the obligations herein contained. Canada shall ON notice to the Operating Authority of any claim. action. suit or proceeding referred to above. to the extent requested by the Attorney General of Canada. the Operating Authority shall. at its own expense, participate in or conduct the defense of any such claim. action_ suit or proceeding and any negotiations for settlement of the same. but the Operating Authority shall not be liable to indemnify Canada for payment of any settlement unless it has consented to the settlement. 26. his Agreement is personal to the Operating Authority and shall not he assigned or otherwise encumbered by the Operating Authority or by operation of law. in whole or in part. Any purported assignment or encumbrance of this Agreement by the Operating Authority shall be null and void. Time is of the Essence 27. Time shall be of the essence of this Agreement. Notice 28. a. Any notice shall be in wr iting and may be delivered by hand or sent by e -mail, by courier. by registered mail or by facsimile or other electronic means that proeides a paper record of the text of the notice, and addressed to the Party fbr whom it is intended at the address set out below. Any notice shall be deemed to he effective on the day it is received at that address. 6 \liiscellaneous For the Operating Authority, to: DWQMS Coordinator The Corporation of the City of Niagara Falls 6410 Queen St. Niagara Falls. Ontario (Canada) L2F 6X5 For Canada, to: Manager. Accreditation Program for Operating Authorities Canadian General Standards Board 11 Laurier Street. Place du Portage Phase 111. 6B I Gatineau. Quebec (Canada) KIA lG6 h. Either party may. by written notice to the other. change its address for purposes of this article. In the ev ent that any notice sent to the address set out in this article. or in the latest address change notice received by the party sending the notice. shall be returned undelivered by reason of the fact that the party to v hom it was addressed has moved or does not occupy the designated address. such notice shall nevertheless he deemed to have been rcceised such party on the date it was sent. 29. This Agreement shall he governed by and construed in accordance with the laws in affect in the Prov ince of Ontario. 30. No member of the I louse of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. 3I. a. The Operating Authority certifies that it has not. directly or indirectly. paid or agreed to pay and agrees that it will not. directly or indirectly. pay a contingency fee for the solicitation. negotiation or obtaining of the Agreement to any person other than an employee of the Operating Authority acting in the normal course of the employ ee's duties. In this article. "contingency fee means any payment or other compensation that depends or is calculated on the basis of a degree or success in soliciting. negotiating or obtaining the Agreement. and "person includes any individual who is required to file a return with the Commissioner of Lobbying pursuant to section 5 of the Lohhving Act. 1985. c. 44 (4th Supp.); "employee means a person with whom the Operating Authority has an employer- employee relationship; and "person" means an individual or a group of individuals. a corporation. a partnership. an organization. an association and. without restricting the generality of the foregoing, any individual who is required to file a return w ith the Commissioner of Lobbying pursuant to section 5 of the Lobbying Act. 1985. c. 44 (4th Supp.) as the same may be amended from time to time. h. All accounts and records of the Operating Authority pertaining to payment of fees or other compensation for the solicitation. negotiation or obtaining of this Agreement shall be open to audit. inspection and examination by the 7 authorized representatives of the CGSB, who may make copies and take extracts therefrom. The Operating Authority shall provide all facilities for such audits and inspections and shall furnish all such information as the representatives of the CGSB may from time to time require with respect to such accounts and records. c. If the Operating Authority certifies falsely under this article or is in default of the obligations contained herein. the CGSB may either terminate this Agreement for default in accordance with the termination for default provision of the Agreement or recover from the Operating Authority the full amount of the contingency tee. 32. a. Persons in Canada. and Canadians outside of Canada. are bound by economic sanctions imposed by Canada. Details on existing sanctions can be found at vyw .dfai t- maeci.gc.ca/trade /sanctions - en.asp. b. The Operating Authority undertakes and agrees that it will. in the pertormance of this Agreement. comply with any such regulations that are in force 011 the effective date of the Agreement. c. The Operating Authority must comply w ith changes to such regulations imposed during the period of the Agreement. The Operating Authority must immediately advise Canada if it is unable to abide by the terms of the Agreement or the other documents listed at Article 2 of this Agreement. as a result of the imposition of economic sanctions against a country or person or the addition of a good or service to the list of sanctioned goods or services. I f the Parties cannot agree on a workaround plan. the Agreement vv ill be terminated. 33. This :agreement represents the entire agreement between Canada and the Operating Authority relating to the subject matter of the Agreement and supersedes all previous negotiations. communications and other agreements. whether written or oral. relating to it. unless they are incorporated by reference in the Agreement. 1 here are no terms. covenants. representations. statements or conditions binding on the Parties other than those contained in the Agreement. 34. Ibis Agreement shall inure to the benefit of. and shall he binding upon. the successors and permitted assignees of Canada and of the Operating Authority. 35. All of the Operating Authority's representations and warranties set out in this Agreement as well as the provisions concerning indemnity against third party claims shall sun, ive the expiry of the Agreement or the termination of the Agreement for default. for conv enience or by mutual consent. as shall an other provision of the Agreement that. by the nature of the rights or obligations set out therein. might reasonably he expected to be intended to so survive. 36. No amendment or modification to this Agreement shall be v alid and binding unless it is incorporated into the Agreement by wr itten amendment executed by the authorized representatives of both Canada and the Operating Authority. 37. No waiver shall he valid. binding or affect the rights of the Parties unless their respective authorized representatives make it in writing. The waiver by a Party of a breach of any term or condition of the Agreement shall not prevent the enforcement of that term or condition by that Party in the case of a subsequent breach. and shall not be deemed or constitute a waiver of any subsequent breach. Every right, remedy. power and discretion vested in or acquired by Canada under this Agreement or by law shall be cumulative and non - exclusive. 8 IN WITNESS WHEREOF this Agreement has been duly executed on behalf of HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Publics Works and Government Services acting through the Canadian General Standards Board, and has been duly executed on behalf of THE CORPORATION OF THE CITY OF NIAGARA FALLS, the Operating Authority, by its duly authorized officer effective the day and year first above written. MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES (as represented by and acting through the Canadian General Standards Board) ) 2 (Signature) Daniel 1 amothe (Name in Print) April 15. 2011 (Date) .n' ream Leader. Canadian General Standards Board (Tide) OPERATING AUTHORITY The Corporation of the City of Niagara Falls (Signature) (Name in Print) ( 1 itle) ( Witness Signature) (Witness Name in Print) (witness Title) (Date) (Date) 9 SCHEDULE "A" APPLICATION AND UNDERTAKING As per the signed application dated the 22nd day of June 2010 10 DRINKING WATER SYSTEMS AND FACILITIES Drinking Water System Name(s) / Address(es): Cite of Niagara Falls Distribution Sy stem SCHEDULE "B" 11