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2011/06/27
COUNCIL MEETING Monday, June 27, 2011 Order of Business and Agenda Package NiagaraFalls COUNCIL MEETING June 27, 2011 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of June 13, 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. DEPUTATIONS/ PRESENTATIONS Red Raiders Basketball Provincial Championship Teams Mayor Diodati will recognize the Red Raiders Juvenile Girls Basketball Team - Division 1 Ontario Basketball Champions, Novice Boys Basketball Team - Division 6, Major Atom Girls (U12) Basketball team- Division 5, the Major Bantam (U14) Boys Basketball Team - Division 7, the Major Atom Boys Basketball Team - Division 5 and the Atom Boys Basketball Team - Division 4. PLANNING MATTERS Public Meeting Proposed City- Initiated Official Plan Amendment No. 94 Growth Plan Conformity Amendment Modifications to the Amendment Background Material: Recommendation Report: PD- 2011 -39 -AND - Correspondence from Taro Planning & Building Inc. Public Meeting AM- 2011 -004, Zoning By -law Amendment Application 5205 Fourth Avenue Applicant: 7793839 Canada Inc. Proposed Place of Worship Background Material: Recommendation Report: PD- 2011 -45 Chief Administrative Officer Chief Administrative Officer MISCELLANEOUS PLANNING MATTERS MAYOR'S REPORTS, ANNOUNCEMENTS Recommendation: For the consideration of Council. 4. AMO - annual request for delegations before Ministers. Recommendation: For the consideration of Council. PD- 2011 -41 - Appeal of the Committee of Adjustment Decision B- 2011 -009, Consent Application. Application: Jacques Bureau & George Stewart, 10960 Carl Road. PD- 2011 -35 - Regional Policy Plan Amendment No. 2 -2009, Comments on Proposed Growth Reallocation Scenarios COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Clifton Hill B.I.A. - requesting approval of their 2011 budget. Recommendation: For the approval of Council. 2. Fallsview B.I.A. - requesting approval of their 2011 budget. Recommendation: For the approval of Council. Jr. B's and Jr. C's - expressing concerns regarding the proposed FHL Hockey team proposed to play at the Gale Centre. -3- Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 1 Chief Administrative Officer MW- 2011 -27 - Playground Safety Issues RESOLUTIONS THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes to the registered plan of vacant land condominium (26CD -11 -2006- 04, West Meadow Phase II) are minor in nature and Council's decision does not require any further notice. 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 -12 - Refreshment Vehicle Business Licence F- 2011 -28 - Municipal Accounts F- 2011 -29 - 2011 Schedule of Fees for Service IS- 2011 -01 - Fibre Optic Data Services Agreement MW- 2011 -15 - Amendment to By -law 2007 -161 and Schedule "A" Collection of Rates and Fees. MW- 2011 -28 - Crimson Park Playground Contract 2011 - 244 -11, Landscape Redevelopment Tender PD- 2011 -42 - CB &FIG- 2011 -002, Commercial Building & Facade Improvement Grant Application, Mr. Ryan Rousom, 5894 -5900 Main Street. PD- 2011 -43 - CB &FIG- 2011 -003, RFL- 2011 -001, & RG- 2011 -001, Commercial Building & Facade Improvement Grant Application, Residential Property Loan Application, Revitalization Grant Application, Keefer Development & Historic Niagara. 4410 -4414 Queen Street. - 4 - PD- 2011 -44 - CB &FIG- 2011 -004, Commercial Building & Facade Improvement Grant Application, James and Lorrie Panteluke. Eagles Nest - 4728 Valley Way PD- 2011 -46 - 26CD -11- 2006 -04, Amendment to a Registered Plan of Condominium, 4339 Montrose Road. Owner: Wedgewood Builders of Niagara Ltd. TS- 2011 -03 - Riall Street - Heavy Vehicle Restriction TS- 2011 -24 - Centre Street - Parking Review 2011 -84 2011 -86 2011 -87 2011 -88 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law authorizing the Clerk to execute an Authorized Requester Agreement between Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation and the Corporation of the City of Niagara Falls respecting the Municipal Parking Tag Program. 2011 -85 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. A by -law to authorize the execution of an Agreement with Touchstone Site Contractors Inc. respecting Crimson Park Playground Landscape Redevelopment. A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. A by -law to amend By -Law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposing and collection of rates for the use of water and water - related services. 2011 -89 A by -law to provide for the adoption of Amendment No. 94 to the City of Niagara Falls Official Plan. (OPA No. 94) 2011 -90 A by -law to authorize the payment of $29,587,669.06 for General Purposes. 2011 -91 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27 day of June, 2011. NEW BUSINESS Community Services Department Recreation and Culture Inter - Department Memora rliffirSclus C S'110621 14jf TO: FROM: Cathy Crabbe DATE: June 16, 2011 Mayor's Executive Assistant Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Monday, June 27, 2011 Red Raiders Basketball Provincial Championship Teams Please find below the list of six basketball teams to receive recognition at City Council on Monday, June 27, 2011. Please prepare awards for each team member and coach. Thank you. Red Raiders Juvenile Team Players: Cory Buccione Ashley Dockril Natalie Johns Kasey Nicholls Ashley Njeru Chelsea O'donoughue Kara Rosenkranz Courtney Santin Vanessa Vanderzalm Rachel VanOosten Girls Basketball Team - Division 1 Ontario Basketball Champions Team Coaches: Chris Black, Head Coach Rachel Black. Assistant Coach Ralf Rosenkranz, Assistant Coach Niagara Falls Red Raiders Novice Boys Basketball Team - Division 6 Team Players: Darcy Allen Emett Buchanan Dylan Dicienzo Matt Gilmour Joe Goulet Cole Holder Cormac McMahon Nick Murdaca Jesse Murphy Marco Primerano Noah Sharpe Dean Vacca Team Coaches: Dave Buchanan Dave Goulet N iaowi a1ls .../2 Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Page 2 of 3 Niagara Falls Red Raiders Major Atom Girls (U12) Basketball Team - Division Team Players: Dayna Bashford Team Coaches: Alana Bright Todd Bright Naomi Brown Rob Dunn Lauren Dempsey John Ingribelli Chelsey Dugan Joe Pagnotta Kendel Dunn Samantha Fisher Julia Ford Lauren George Sarah Lee Diana Orsini Valerie Pagnotta Niagara Falls Red Raiders Major Bantam (U14) Boys Basketball Team - Division 7 Team Players: JP Audibert Team Coaches Ryan Bashford John Audibert, Coach Kyshawn Carson Jim Conte, Coach Elijah Finlay Ed Pozzobon, Assistant Coach Brady Johnson Joel Seymour, Assistant Coach Eric MacLean Ted Njeru Joshua Paterson Masood Pooli Nicholas Pozzobon Dane Seymour Jordan Terrio Alexander Wegelin Niagara Falls Red Raiders Major Atom Boys Basketball Team - Division Team Players: Andrew Baldin Team Coaches: Thomas Crosbie Greg Phelps Matteo Dibellonia Jordan Mann Vincent DiCosimo Gary Feng Brendan Karagias Nicholas Maclean Ryan Naar Adam Phelps Nasser Pooli Ben Simmonds Micheal Stier .../3 Niagara Falls Red Raiders Atom Boys Basketball Team - Division 4 Team Players: Jacob Bray Team Coaches: Jared Carter Ezio DiDomenico, Head Coach Jake Casciano Darren Schmahl, Assistant Coach Michael Cassidy Thomas DiDomenico Victor Kariuki Vangel Matic Michael Nicholl Kofi Osie -Opare Will Schmahl Aron Weaver Richard Werner Thank you for your assistance Cathy. If you have any questions, please do not hesitate to call me at extension 3332. c.c. Dean Iorfida, Kathy Moldenhauer 3 of 3 S:\Awards\.201 1\Awards at Council - Six Red Raiders Basketball Championshp Teams - June 27.vspd PD- 2011 -39 Niagaraaalls June 27, 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 -39 Proposed City- initiated Official Plan Amendment No. 94 Growth Plan Conformity Amendment Modifications to the Amendment RECOMMENDATION That Council adopt Official Plan Amendment No. 94, as modified to address the concerns raised at the May 16, 2011 public meeting, and that this amendment be forwarded to Niagara Region for approval. EXECUTIVE SUMMARY At the public meeting on May 16, 2011, Council deferred its decision on the adoption of Official Plan Amendment (OPA) No. 94, to allow members additional time to review the amendment and to allow staff the opportunity to modify the amendment to address the concerns raised at the public meeting. The amendment has been modified where required to address the concerns raised and is on the agenda for adoption. BACKGROUND Official Plan Amendment No. 94 was brought before Council for adoption at a public meeting on May 16, 2011. Council deferred its decision on the adoption in order to allow members additional time to review the amendment and to allow staff the opportunity to modify the amendment to address the concerns raised at the meeting. Notice of this meeting was placed in the Niagara Falls Review as well as sent to those who attended the meeting of May 16 and to those who had previously requested notification. Modifications to the Amendment The table below summarizes the issues raised, both from speakers and written comments received, and their resolution. Some issues did not require modification, however, and the rationale is noted in the table. Party Issue Policy Resolution Bill 140 Municipalities are now mandated to permit second dwelling units in singles, semi's and townhouses. PART 2, Section 1.10 Policy updated to allow for second dwelling units to be permitted within the Zoning By -law in singles, semi's and townhouses. Ontario Restaurant Association Prohibition of Drive -thru Facilities in Greenfield Neighbourhood Commercial. PART 2, Section 3.4.3.2 Policy deleted. Council Inclusion of "Chef- Boy -Ar- Dee" lands in the Morrison /Dorchester Node. Schedule A- 2(d) Lands excluded from node on Schedule A- 2(d). Lands to remain Industrial. Taro Planning & Development Building heights and densities within the Stamford Node. Schedule A- 2(c) Reduction of minimum density to 20 units per hectare. The maximum density of 150 units per hectare remains unchanged. Upper Canada Consultants Illustration of EPA lands as it affects the Warren Woods lands. Does not reflect most recent MNR and NPCA mapping. Schedule A -2. Will be resolved with the approval of OPA No. 96 by the Region. Schedule A -2 will be revised to be consistent with OPA No.96. Bousfields Inc and Wellings Planning Consultants Requirements urban boundary expansions not consistent with Regional Policy Plan. PART 1, Section 2.10 Policy revised to state that urban boundary expansions are to be considered in accordance with the Regional Policy Plan. Terms Regional and Local Comprehensive Review are not defined. Appendix 1, Section 1.7 Definitions revised /added to reflect definitions of Comprehensive Review from Growth Plan and Provincial Policy Statement. Gateway Economic Zone; QEW Employment Corridor PART 2, Section 8.8 Policy revised to state that other lands may be included in the QEW corridor from time to time, as warranted. June 27, 2011 - 2 - PD- 2011 -39 Wellings Planning Consultants Recognition of pre- existing Northwest Landowners Group (NWLG) OPA application. PART 1, Section 2.10 Policy revised to state that pre- existing applications may be considered in accordance with the transition regulations of the Planning Act and the Places to Grow Act. Cytec Canada Inc. Apparent failure of OPA No. 94 to protect employment lands. PART 2. Section 8. OPA No. 94 is not redesignating any employment lands. The current supply of employment land is being maintained. In addition, policies are sufficient to provide long term protection of employment lands needed for projected employment growth. Policies strengthened regarding the separation of heavy industrial uses from residential and other sensitive land uses. Concerns regarding increased greenfield densities. PART 2, Section 1.16.1 The City has to meet a target density of 53 people and jobs per hectare. In addition, greenfields have to develop with a range of densities and uses as complete communities. Secondary planning will guide the distribution of densities based on conditions within the secondary plan areas. Policy added that the Garner South Secondary Plan is to have lower densities next to the Cytec 2km arc and higher densities further away. Inclusion of policies from OPA No. 82 to restrict building heights in the Garner South area. PART 2, Section 1.16 Policies added to state that OPA No.82 is to prevail. June 27, 2011 - 3 - PD- 2011 -39 June 27, 2011 - 4 - PD- 2011 -39 Disproportionate amount of greenfield land is located in the southwest. Schedule A -2 The City is built -out to its urban boundary to the north and west. The Growth Plan requires that urban lands be fully utilized prior to any urban boundary expansion. Lands within the southwest quadrant of the Urban Area have been targeted for development since the early to mid- 1990's with the adoption of the current Official Plan and the initiation of the Garner Neighbourhood Plan. Council has recently invested in sanitary and storm infrastructure to facilitate development. Jean Grandoni OPA No. 94 should not allow for any urban boundary expansions. Schedule A -2. No revisions necessary. No urban boundary expansion are contemplated by the amendment. Garry Fisher Opposes intensification. OPA No.94 Compatible intensification is in the municipal interest as developing vacant and under - utilized lands makes better use of existing infrastructure, transit and other facilities, thereby reducing both operating and capital expenditures. June 27, 2011 - 4 - PD- 2011 -39 Mark Stirtzinger A number of issues ranging from inclusion of the Morrison /Dorchester Node, retention of Optimist Park as green space, traffic and train crossings. PART 1, Section 3.10 Morrison /Dorchester has a concentration of commercial uses, developable lands, transit and infrastructure all of which make it a candidate are for intensification. Optimist Park was privately owned and was not a public park. Traffic and train crossing issues will be addressed through the Transportation Master Plan. Councillor Wing Signs in Drummondville. PART 3, Section 5.5.6 Policy revised to include Drummondville. June 27, 2011 FINANCIAL IMPLICATIONS CITY'S STRATEGIC PRIORITIES LIST OF ATTACHMENTS Recommended by: Respectfully submitted: J.Barnsley:gd - 5 - 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. 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. Policies direct intensification to transit corridors and hubs to ensure a sustainable transportation system which is consistent with the Transportation Master Plan. ► None. (By -law to adopt OPA No. 94 is on the agenda.) Alex Herlovitch, Director of Planning, Building & Development Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -39, OPA No.94, Growth Plan Conformity, Modifications to the Amendment.wpd PD- 2011 -39 Planning & Development Department 4310 Queen Street City of Niagara Falls June 13, 2011 Dear Mr. Barnsley and Mr. Heriovich, Re: OPA 94 City File: AM- 2010 -002 "Stamford Node" k7 Planning ievelapment Inc. Thank you for considering my comments and patience in resolving our concerns. Sincerely, 1 Ken Gonyou Taro Planning & Development Inc. Cc: Henry Muller Brian Cullen Further to our conversations, I have reviewed your adjustments to the Stamford Node Section of the proposed amendment as it relates to the Carroll Avenue / Portage Road area and the Ohio Brass property. As a result to your amendment to Schedule A.2 (c) Stamford Node — Height Strategy, where the Minimum Density has now been changed to 20 units /ha (8 upa), we feel that this provides sufficient flexibility to include a variety of housing types and design options that will encourage re- development opportunities on these older industrial sites. As a result, we can now fully support the proposed policies as they relate to these areas. Planning nn8d SUN I f,1 2€11 Away PLAfJN1Nn „c x - - 235 Martindale Road, St. Catharines, ON L2 \V 1A5 Tel: 905 -688 -4555 Fax: 905 -684 -7801 info(a3taroplanning.co7n wi4iw.tarop 7 (6/23/2011) Dean lorfida - Official Plan Amendment #94 - modifications Page 1 From: John Barnsley To: Council Members CC: Herlovitch, Alex; Iorfida, Dean; Ken Todd Date: 6/22/2011 11:33 AM Subject: Official Plan Amendment #94 - modifications Attachments: Modifications Package.pdf; PD- 2011 -39, OPA No.94, Growth Plan Conformity, M odifications to the Amendment (unsigned).pdf Councillors: Due to the complexity of Official Plan Amendment No, 94, Alex has asked me to send you in advance of the Council package the modifications to Official Plan Amendment No. 94 that address the comments made at the May 16, 2011 public meeting in order to allow you time to review them ahead of the meeting on June 27 Also attached is a copy of our (unsigned) report. Should you have any questions please do not hesitate to contact Alex or me. Regards, John Barnsley. 1 -5 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 1, 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 1, Section 3 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 2.10 Expansions to the urban boundary shall only be considered in accordance with the Regional Policy Plan Notwithstanding this and the policies of PART 4, Section 2.8, the applications to amend this Plan and the Regional Policy Plan affecting the lands west of the QEW to Kalar Road and south of Mountain Road to the hydro transmission corridor, may be considered in accordance with the transition regulations of the Planning Act and Places to Grow Act for pre - existing applications. protect residential development from such uses, studies may be required and appropriate measures such as landscaping, berming or other buffering techniques may be required to determine impacts and recommend mitigation measures 1 10 Second units within single detached, semi - detached and townhouse 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: 2 -3 Te etwefftng- dwefling eharaeter-- -f the-principal dwe+ffng-tre a--single , ing a 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 The property shall meet all zoning requirements with respect to lot frontage. area. depth. parking landscaping and design. Areas within the City that have sanitary servicing constraints shall be zoned so as not to permit second units. - townhouse the enure 1 10.2 Second units requiring building additions or substantial alterations to the principal dwelling should be designed to maintain the overall character of the principal dwelling. 1 11 Affordable housing is to be provided within the Built -up Area and Greenfield Area 1 1 i . 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. 1.1 1. 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. 2 -7 1 16.3 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 microctimatic 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. (vi) Appropriate separation distances shall be provided between residential and other sensitive land uses and industrial uses and, more specifically, shall not be located in close proximity to heavy industrial uses. 1 16.4 Within the Garner South Secondary Plan Area, as shown on Schedule A -2. the policies of PART 2, Section 13.56 of this Plan shall prevail In addition. the Secondary Plan shall provide for a distribution and gradation of densities, heights and housing types where lower densities and heights are proximal to the 2krn Cytec arc and higher densities are directed to the north and east quadrant of the Secondary Plan Area to assist in the strengthening of the Niagara Square Retail District. 1 16 5 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 (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 as 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) Cuts - de - sac are discouraged. Abutting cull - de - sac should be connected by parkland or open space Pedestrian connections are to be provided out of cuts -de -sac. 3.5 GENERAL POLICIES 2 -20 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 Retail stores should be limited to a size that does not compete with community serving facilities 3 4 3.3 Parking areas should be located in the interior side or rear yards and screened from adjacent uses by decorative fencing and landscaping 3 4.3.4 Residential uses may be permitted in the Zoning By law in order to create mixed use buildings. i) Residential units are encouraged to be provided where total gross leaseable floor area exceeds 370 square metres. ill Residential units should be located above the ground floor Hi) Private amenity space should be created by the incorporation into the building of balconies and roof top patios 3 4 3 .5 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. 3 5 1 Mixed use commercial /residential buildings within Commercial areas shall be designed to provide a harmonious land use and minimize conflict. Generally, the residential component of the mixed use development will be located above the commercial level(s). The amenity space being provided for the residential component shall be functionally separate from parking, loading and service areas associated with the commercial component, wherever possible. GREENFIELD AREA 2 -63 order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. 8.4.1 Industrial districts are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in the rezoning of industrial lands for non - industrial purposes in order to promote industry as the predominant land use. 8.4.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for industrial and business uses which require visual prominence and which foster a good impression of the community. 8.4.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall not be allowed to proliferate along arterial road frontages. 8.4.4 Commercial and office developments generate higher densities of employment and use by the public. Where such development is proposed, Council will ensure that adequate provision is made for on -site parking. traffic circulation and pedestrian safety. 8.4.5 The integration of industries, businesses and other complementary land uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. 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 and ensure an adequate separation distance is provided between residential and other sensitive land uses and heavy industrial uses 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 land 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; 2-65 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 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. It is not the intent of these policies to preclude or limit this designation being applied to other gateway lands that have proximity and exposure to the QEW Accordingly. other lands may be added to this designation as warranted. from time to time 8 8 1 The ands 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 QEVV 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 3 -31 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 to be intrusive nor add to visual clutter. Separation distance between signs and residential uses designated heritage properties and open space should be 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 5 5 6 Signs located in the Downtown and Drummondville Districts shall be designed to respect the historic character or heritage theme for the these areas. As such. signs are to be at a scale and size that is appropriate for the districts and in compliance with the specific design guidelines to be developed for the Downtown and Drummondville Districts. 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. 5 6 The City advocates high quality development through the preparation of secondary plans, community or neighbourhood plans and community improvement plans. The achievement of this goal shall also be assisted in the review and approval of subdivisions, zoning amendment applications and the utilization of site plan control. 5.6.1 Individual subdivisions and rezoning developments are to be coordinated through applicable secondary plans to ensure appropriate aesthetic 1 11 or a people. 6 -3 1 6 "Community Planning District" - A relatively large area of the City into which the City has been divided very generally containing the same predominant municipal land uses or functions, the major purpose being to serve as a statistical tool for recording and analysing information about the City. '`Comprehensive Review" - a) an official plan review or amendment which is initiated or adopted by a planning authority for the purposes employment land conversions within a regeneration area or Downtown, or b) for the purposes of urban boundary expansions and conversions of employment lands, not within regeneration areas or Downtown. means an official plan review, or an official plan amendment, initiated by a municipality that comprehensively applies the policies of the Growth Plan for the Greater Golden Horseshoe: which. 1 is based on a review of population and growth projections and which reflect projections and allocations by upper-tier municipalities and provincial plans, where applicable; considers alternative directions for growth, and determines how best to accommodate this growth while protecting provincial interests. 2 utilizes opportunities to accommodate projected growth through intensification and redevelopment: 3 confirms that the lands to be developed do not comprise specialty crop areas in accordance with policy 2.3.2 (of the Provincial Policy Statement, 2005), 4 is integrated with planning for infrastructure and public service facilities: and 5. considers cross - jurisdictional issues. 8 "Condominium Conversion Policy" - Council adopted guidelines contained in the Policy and Procedural Manual which stipulate conditions to be satisfied in order for Council to approve the conversion of existing rental accommodation to condominium ownership. 1 9 'Conservation" - in reference to properties of cultural heritage value or interest, is the retention of the significance of a place by ensuring that significant elements are not destroyed or removed. 1 10 "Conservation Plan" - a document prepared by a qualified person(s) that details how the heritage values, attributes and integrity of a cultural heritage resource can be retained through descriptions of repairs, stabilization and preservation activities as well as long term conservation, monitoring and maintenance measures. "Cultural Heritage Landscape" - a defined geographical area, often modified by human activities, that are valued for their important contribution to our ;..., f Stamford Node Boundary Maximum Maxin No. Storeys Dens 2-3 50 uph 4 -6 100 uF 4-10 150 ul Corridor Portage Road Thorold Stone Road Schedule A.2 (c) to the Official Plan STAMFORD NODE - HEIGHT STRATEGY May 2011 DAWSON ST BURDETTE DR Dorchester /Morrison Node Boundary Maximum Maximum Minimum No. Storeys Density Density 2 -3 50 uph 16 uph 4 -6 100 uph 50 uph 4 -10 150 uph 50 uph 2 -3 Storeys Schedule A.2 (d) to the Official Plan Niagarap s MORRISON / DORCHESTER NODE - HEIGHT STRATEGY K: urceData .hapes •+ etlA. ra •map May 2011 Schedule A2 Urban Structure Plan NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2011 -45 June 27, 2011 SUBJECT: PD- 2011 -45 AM- 2011 -004, Zoning By -law Amendment Application 5205 Fourth Avenue Applicant: 7793839 Canada Inc. (Sri Sri Sugunendra Theertha Swamigi) Agent: Al Heywood Proposed Place of Worship RECOMMENDATION 1. That Council approve the application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to add a place of worship as a use and occupancy be limited to 70 persons at any given time for the non - residential uses, subject to the regulations addressed in this report. 2. That Council pass a by -law to deem Lots 145, 146 and 147, Plan 307 and Lot 84 and Part of Block "A ", Plan 310 to no longer be within the registered plans of subdivision. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit the existing building on the land to be used as a place of worship. The passing of a "deeming by -law" under the Planning Act to allow the subject lands to merge together is also proposed. These requests can be supported because: the proposal complies with the Official Plan with respect to locating ancillary uses in residential areas; and provided the building is maintained in its current form and landscaped areas are retained, the small scale institutional use will be compatible with surrounding residences. the subject lands will be treated as one parcel for zoning purposes once the deeming by -law is registered. BACKGROUND Proposal An amendment is requested for a 1,933 square metre (20,807 square foot) parcel of land known as 5205 Fourth Avenue (see Schedule 1). The property is occupied by a building that was once St. Stephen's Anglican Church and has since been converted to a residence June 27, 2011 - 2 - PD- 2011 -45 and a martial arts school. The applicant is requesting a zone change to permit a place of worship to be re- established within the building on the land. The property is currently zoned Residential Single Family and Two Family (R2 -814) with site specific provisions permitting the existing building to be used as a dwelling unit, a private garage and either a martial arts school, a dance or music studio, calisthenics studio or an art studio, subject to the provision of at least 14 parking spaces. The applicant is requesting a place of worship be site specifically added to the list of permitted uses. The applicant is proposing a maximum building occupancy of 100 persons and is requesting a reduction in parking from 20 spaces (1 space per 5 persons occupancy) to 18 spaces with 4 spaces provided in tandem (2 spaces within a 2 vehicle private garage and 2 spaces in front of the garage). In addition, site specific modifications are requested to reduce the front yard landscaped area, the side yard width and the parking aisle width and to increase the building height to recognize the existing building and site conditions. Refer to the attached Schedule 2 for details of the development. Site Conditions and Surrounding Land Uses The subject land is occupied by a building that was formerly used as place of worship and church hall which has since been converted to a residence and a martial arts school. A garage and parking lot exist on the south side of the property, off of McRae Street. Landscaped areas, including large mature trees, exist along Fourth Avenue and the north side of the building. Single detached dwellings surround the site to the north, west and south. A small retail store and a retirement home (Eventide Home) exist to the east and northeast of the site. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections from a Provincial or Regional perspective. The proposed amendment will facilitate the redevelopment of an existing urban property. • Transportation Services Transportation Services do not support the requested reduction in parking because they don't believe there would be sufficient parking nor the provision of four required parking spaces in tandem. The parking spaces proposed off of Fourth Avenue should be devoted to the residential unit on the land. A 5 metre by 5 metre daylight triangle at the northwest corner of McRae Street and Fourth Avenue will be required if the property is subject to site plan control in the future. June 27, 2011 • Building Services - A Change In Use Building Permit is required to permit the use of the building as a place of worship. • Parks and Recreation ■ ANALYSIS 1. Official Plan - 3 - PD -2011 -45 No objections. Existing mature trees should be protected. • Municipal Works, Legal Services, Fire Services No objections. Neighbourhood Open House Neighbourhood open houses were held on May 11, 2011 and on May 25, 2011. Each meeting was attended by approximately 15 neighbours. At the first meeting the neighbours raised a number of concerns, including property standards, the operation and hours of the place of worship, potential exterior changes to the building, the nature of the renovations currently ongoing in the building, drainage impacts from the parking area on the property to the west and potential traffic and parking impacts. The agent noted that the renovations were necessary to bring the building up to fire standards. The residents expressed a desire to hear from a representative of the place of worship to address their concerns. To address the resident's concerns the agent recommended a second neighbourhood open house be held. Representatives of the place of worship attended the second neighbourhood meeting. The representatives noted that the typical occupancy of the place of worship would be 50 to 60 persons, with a maximum occupancy of 80 to 90 persons on special occasions. The typical hours of operation would be 9 AM to 2 PM and 5 PM to 8:30 PM. No exterior changes are proposed to the building and no trees are proposed to be removed. A contractor has started to clean up the property which should be completed in a couple of weeks. To address the drainage concerns of the property owner to the west, the snow plow operator will be instructed to plow the snow to the east side of the parking lot. To minimize on- street parking impacts parishioners will be requested to park in the on -site parking lot. The majority of the residents' concerns appeared to be addressed. The property is designated Residential in the Official Plan. Residential and compatible ancillary uses, including places of worship, are permitted on residentially designated lands. Ancillary uses which have the potential to generate a significant amount of traffic are directed to locations along arterial and collector roads. The proposed place of worship complies with the Official Plan as follows: The property is located on a collector road (McRae Street) with convenient access to the City's arterial road system, which should minimize traffic on surrounding streets. June 27, 2011 - 4 - PD- 2011 -45 The building will remain at a compatible scale with surrounding development as no external changes to the building are proposed. - The place of worship will be compatible with the neighbourhood provided the maximum occupancy of the building is in step with the amount of available on -site parking. - Existing landscaping, including mature trees, will assist in maintaining the character of the neighbourhood. - The built form heritage of the community will be maintained. 2. Zoning By -law Existing R2 zoning permits the building to be used for a dwelling unit, a private garage and either a martial arts school, a dance or music studio, calisthenics studio or an art studio. The applicant has requested these permitted uses be maintained to allow for an ancillary dwelling unit for the priest and to allow for ancillary uses. Given the historic use of the property as a place of worship, the re- establishment of the use would be compatible with surrounding uses. The requested amendment would add a place of worship to the list of uses permitted on the property. The applicant proposes a maximum occupancy of 100 persons. The by -law would require 20 spaces to be provided for this occupancy. Currently 14 spaces are provided in a parking area off of McRae Street. Two additional parking spaces exist in a private garage, but are not accessible when the parking spaces in front are being used. The applicant proposes to provide 2 new parking spaces directly off of McRae Street. A total of 16 spaces would be accessible at all times. Staff is concerned that the requested parking reduction could lead to increased demands for on- street parking during peak occupancy. In addition, providing required parking in tandem where 2 spaces are in a private garage is not supportable for an institutional use. Staff recommend that current parking standards be maintained, the two spaces along Fourth Avenue be designated to serve the residential unit in the building, and the 14 spaces in the parking lot be designated to serve the place of worship and ancillary uses. The current standard of 1 parking space /5 persons occupancy should be maintained. Therefore, occupancy of the building (except for the dwelling unit) should be limited to an occupancy that can be supported by 14 parking spaces (70 persons). The agent reports the applicant is willing to accept the occupancy limits. The rest of the amendments to the zoning standards are intended to recognize existing building configurations and site conditions as well as permitting a slight reduction in landscaping to permit the two parking spaces along Fourth Avenue. These changes are summarized as follows: • Minimum side yard width - 1.2 metres required /0.3 metres requested. Minimum landscape open space, front yard - 45% of front yard area required /44% requested. Other site specific landscape standards, requiring 50% of the lot area to be landscaped and requiring a 10 metre landscape strip along the north lot line to retain the mature trees there, are to remain in place. June 27, 2011 • Parking aisle width - 6.9 metres required /6 metres requested. 3. Deeming By - law Although the subject lands currently function as one lot, they consist of 4 separate lots and part of a block in two plans of subdivision. This creates zoning issues, as the building straddles lot lines and technically results in some parking being located technically "off site ". If all of the subject lands are deemed to be no longer within the registered subdivision they will be able to merge and be treated as one large parcel for zoning purposes. It is proposed the City pass a "deeming by -law" for Lots 145, 146 and 147, Plan 307 and Lot 84 and Part of Block "A ", Plan 310. A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge the subject properties in the same ownership and allow them to be one lot with a common parking area. CITY'S STRATEGIC PRIORITIES The proposal complies with the City's Official Plan with respect to locating ancillary uses in residential areas and therefore supports the strategic priority of a well planned city. LIST OF ATTACHMENTS • Schedule 1 - Location Map Schedule 2 - Site Plan Recommended By: Respectfully Submitted: A. Bryce: mb Attach. - 5 - PD- 2011 -45 Maximum height of the building - 10 metres permitted /11.8 metres requested. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -45, AM -2011 -004, 5205 Fourth Avenue, 7793839 Canada Inc.wpd June 27, 2011 - 6 - SCHEDULE 1 PD-2011-45 Subject Lcmdi 1 MCRAE ST ROSEDALE DR LOCATION MAP MCRAE ST Location: 5205 Fourth Avenue Applicant: 7793839 Canada Inc. (Krishna Tantry) MCRAE. ST 0 0 < 1 Amending the Zoning By-law No. 79-200 1 1t7 I 1 MCRAE ST AM-2011-004 June 27, 2011 - 7 - SCHEDULE 2 PD- 2011 -45 15EY RAN (NOT TO SCALE) 12.192 PLAN 57'.3011 N • (91) • 12.192 (.1 • 11919.) N99'S920 -• ••••• 9N) N99'19'30Y1 •3 • SE1) pfls i Part of r:B1ock 'A' PLAN 310 1 21_565 (91 r 1w.) .n.._ 12 Frtw90d 0.1,7 S. 12.192 M •1CAS) 9 ROSE —DALE McRA E (PLAN 35) STREET N8935 DRIVE 88 87 O'=. 93 • YEAS.) 36.576 307 . O `!y4 (t[A1 IT 0.24 N. 3159 t sn' i i 56.579 0` a gm) \ X e � . Y w t we. X X \ NiagaraFalls C 1N.1 OA 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 -41 Appeal of the Committee of Adjustment Decision Consent Application B- 2011 -009 10960 Carl Road Applicant: Jacques Bureau & George Stewart RECOMMENDATION PD- 2011 -41 June 27, 2011 That Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B -2011- 009. EXECUTIVE SUMMARY On May 31, 2011, the City's Committee of Adjustment approved Consent Application B- 2011 -009 which does not comply with the City's Official Plan, the Regional Niagara Policy Plan, the Provincial Policy Statement and Growth Plan and the Ministry of the Environment D -6 Guidelines. It is noted that Council directed staff on January 17, 2011 to look into amending the Official Plan regarding severances for small parcels in the rural area. Staff will be providing a report to Council in the near future. Staff is seeking Council's authorization to proceed with the appeal to the Ontario Municipal Board. BACKGROUND The applicant owns 14.3 hectares (35.45 acres) of land located on the south side of Carl Road through to Morris Road (see the attached Schedule 1- Surveyor's Sketch). An application for severance was submitted to the City's Committee of Adjustment to convey 1.8 hectares (4.45 acres) of vacant land (Part 1) for rural residential use (10960 Carl Road) and to retain 12.54 hectares (31 acres) of vacant land for rural residential use and a managed forest. Prior to 1965, Parts 1 and 2 were two separate lots. The previous owner (Mr. Itsvan Kovacs) purchased Part 1 in 1964 and then proceeded to purchase Part 2 the following year. Being in the same ownership and not in a registered plan, the lands merged in title and have remained as one property for all legal purposes even though they have continued to be assessed as two parcels. June 27, 2011 - 2 - PD- 2011 -41 In 1988 the previous owner applied to sever Part 1 (B-741/88) ,but the consent was denied by the Committee of Adjustment because it did not comply with the consent policies. The property was purchased by Messrs. Bureau and Stewart in 2009 as one property. The Committee of Adjustment granted approval of the current application (B- 2011 -009) on May 31, 2011 contrary to staff's recommendation. Staff recommended the application not be approved for several reasons. The lands are located outside of the Urban Area Boundary. The application does not comply with the Provincial Policy Statement (PPS) which requires prime agricultural lands be preserved. Moreover, the PPS prohibits the creation of new residential lots in prime agricultural areas unless it is for a residence surplus to a farming operation. The approval of Consent Application (B- 2011 -009) is contrary to the Regional Policy Plan and the City's Official Plan. The Regional Policy Plan designates the subject land Good General Agricultural, in part, and Environmental Conservation Area, in part. The City's Official Plan designates the lands as Good General Agriculture. Council recently adopted Natural Heritage Policies (OPA No. 96) which will designate the west portion of Part 2 Environmental Protection Area. Both the documents do not permit creation of a new lot for non - agricultural purposes. The subject parcel is adjacent to an existing auto wrecking yard which is a legal non- conforming use. The Region has stated that the auto wrecking yard may be categorized as a Class I Industrial use in accordance with Ministry of Environment's (MOE) land use compatibility guidelines. The Ministry has identified, through case studies and past experience, that the potential influence area for a Class I Industry is 70 metres (230 ft) where sensitive land uses could experience adverse effects from the industrial operation. Based on the severance sketch most of Part 1 falls within the 70 metre potential influence identified by the MOE for Class I Industries. Creating a lot next to an auto wrecking yard is not desirable due to possible adverse effects on the future residents. In the Committee's opinion, the lands are not good general agricultural lands and the proposed and remnant parcel have functioned as two separate parcels for many years. The recreation of the parcel is appropriate and consistent with the immediate area and the creation of the parcel would have minimal negative impact on agricultural uses. Staff is seeking Council's concurrence and authorization to proceed with an appeal of the Committee's decision to approve application B- 2011 -009 on the basis that the application: is contrary to the City's Official Plan; does not comply with the Regional Policy Plan; does not comply with the Provincial Policy Statement; does not comply with the MOE's D -6 Guidelines; and approval could set an inappropriate precedent. A copy of this report has been provided to the applicant's agent who has been advised that Council will be considering the matter tonight. June 27, 2011 - 3 - PD- 2011 -41 CITY'S STRATEGIC PRIORITIES Previously, Council had directed staff to investigate and report on potential opportunities for infill and rural residential development within the agricultural /non -urban portion of the City. A report will likely be brought before Council for consideration in August. LIST OF ATTACHMENTS ► Schedule 1 - Surveyor's Sketch Recommended by: Respectfully submitted: A.Dilwaria:mb Attach. S: \PDR \2011 \PD - 2011 -41, Appeal of the Committee of Adjustment Decision .wpd Alex Herlovitch Director of Planning, building & Development Ken Todd, Chief Administrative Officer June 27, 2011 ROAD ALLOWANCE BETWEEN CONCESION 1 1 Y NW we s3LO AC. METAL CLAD SMRARR; AUTO WRECKER - 4 - SCHEDULE 1 PD- 2011 -41 Main Office 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 Telephone; 905 356 - 7755 Facsimile: 905- 356 -7772 June 21, 2011 BY FACSIMILE Mr. Dean Ioifida City Clerk City of Niagara Falls P_0. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Severance Application B- 2011 -009 George Stewart & Jacques Bureau I understand that this matter is coming to Council on Monday, June 27 and would very much appreciate if I could speak to Council with respect to same on the 27 Your cooperation is greatly appreciated. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Brian N. Sinclair, Q.C. BNS /ab F!le: 4 BRIAN SINCLAIR PROFESSIONAL CORPORATION e ° 62AV 7/// BRIAN N. SINCLAIR, Q.C. c.c. Ms. Sue Scerbo (by facsimile) Barrister & Solicitor sinclr@on.aibn.com Real Estate Division 5627 Main Street Niagara Falls, Ontario L2G 5Z3 Telephone: 905 -354 -0523 Facsimile: 905 - 354 -2576 BEGET ED1 JUN 21 2011 Planning nned PLANNING & DEVELOPMENT Main Office 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 Telephone: 905 - 356 -7755 Facsimile: 905 - 356 -7772 June 22, 2011 - DELIVERED l/Ir. Dean lorfida pity Clerk :City of Niagara Falls _P.O. Box 1023, 4310 Queen Street `■IAGARA FALLS, Ontario ; t2E 6X5 Dear Sir: BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor sinclr @on.aibn.com Re: Severance Application B- 2011 -009 George Stewart & Jacques Bureau Real Estate Division 5627 Main Street Niagara Falls, Ontario L2G 5Z3 Telephone: 905 - 354 -0523 Facsimile: 905 - 354 -2576 In connection with the above matter, enclosed please fnd letter and enclosures which I would request you deliver to all members of Council for Monday , June 27 Council Meeting. Your cooperation is greatly appreciated. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Brian`i'V. air, Q.C. BNS/ osures Main Office 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 Telephone: 905-356-7755 Facsimile: 905-356-7772 BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor sinclr @on.aibn.com June 22, 2011 DELIVERED TO MEMBERS OF COUNCIL Re: Severance Application B- 2011 -009 Morris Road and Carl Road George Stewart & Jacques Bureau Real Estate Division 5627 Main Street Niagara Falls, Ontario L2G 5Z3 Telephone: 905-354-0523 Facsimile: 905-354-2576 In connection with the above matter, I would like to make a few short remarks as to why the Committee of Adjustment granted this severance unanimously for my clients, George Stewart and Jacques Bureau, who are senior citizens. I am enclosing herewith a copy of a sketch of the property and would point out that my clients own Parts 1 and 2 on said sketch. Part 1 was purchased separately on August 25, 1964 and Part 2, which was a separate parcel of land, was purchased on September 20, 1965. Unfortunately, the second parcel was purchased by the same owner and thus the two properties merged as one. The two parcels, however, have been treated as separate entities by all Government agencies since that time. Part 2, the 31 acre parcel, is recognized by the Ministry of Agriculture as a management forest and MPAC has the same designated as management forest for tax purposes. The authorities would not recognize the 4.45 acre parcel as management forest and MPAC in fact considers it vacant residential not on water. Both parcels have separate roll numbers and are treated separately for tax purposes and have been treated separately since 1965. The taxes on the 31 acre parcel are approximately $250.00 as opposed to the Part 1, 4.45 acre parcel which has a tax bill of around $900.00. All Government agencies have treated these properties as separate parcels since 1965. The parcel of land on the corner of Morris Road and Carl Road is an auto wrecker. This writer confirmed with the City that there are no polluted areas in Crowland contiguous to any wrecking yards. There is a house for sale right across the street from Carl Road which has a value of approximately $650,000.00 and the house on the northeast corner of Morris Road and Carl Road is a house owned by Fred Costabile's daughter which has a value of $750,000.00. The wrecking yard does not appear to have any impact on surrounding properties. I appreciate the opportunity of attending at Council on Monday to answer any questions you may have concerning this matter. It is greatly appreciated. Yours faithfully, BRIAN SINCLAIR PROFESSIONAL CORPORATION BNS:ab Enclosure 4 PREPARED FOR SEVERANCE APPLICATION CAUTION ' A PLAN OF SURVEY AND SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THIS ENT SEVERANCE APPLICATION. ©THIS SKETCH IS PROTECTED BY COPYRIGHT tLY ANGLE 2 K. .53' h HIS IS NOT AN NAL COPY UNLESS MBOSSED WITH RVEYOR'S SEAL CARL ROAD ALLOWANCE `ETWWEEEN CONCE3ION 18 2 ROAD RES ENTIAL ti 1 1 , ti. )--- v , t`J ) . PART -2 j L, , - 1 350 360 SO. T. :31.0 AC. Co BUSH 0 PRELIMINARY ONLY OCT. 21_ 19 8 DATE J. EDWARD LAATHIER s 312' FRAM BUILDIN GS /Srvr kovq PART t 193 842 S0. F :4.45 AC. r o • 1253" ± 305' - /Sr K L/f]C6 METAL CLAD ) BUILDING BUILDING 21 282' ) M AUTO WRECKER C Ct a 4 4 z J. E. LANTHIER, NIAGARA, LTD. ONTARIO LAND SURVEYORS 173 CLARENCE ST. 835 -5477 PORT COLBORNE SKETCH OF PART OF TOWNSHIP LOT 7, CONCESSION 2 IN THE FORMER TOWNSHIP OF CROWLAND NOW IN THr CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA PD- 2011 -35 NiagaraJalls June 27, 2011 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -35 Regional Policy Plan Amendment No. 2 -2009 Comments on Proposed Growth Reallocation Scenarios RECOMMENDATION 1. That Council support the population and household forecasts within Regional Policy Plan Amendment No. 2 -2009 as outlined as Scenario 1. 2. That Council not support any alternative growth scenario of the Region or West Lincoln as these allocations have a negative impact on the City's ability to meet infrastructure commitments and financial accountability. 3. That Council advise Niagara Region of these comments. EXECUTIVE SUMMARY In May 2009, Niagara Region adopted Policy Plan Amendment No. 2 -2009 as its growth management strategy, Niagara 2031. This amendment has been appealed to the Ontario Municipal Board by the Province and the Township of West Lincoln among others. Regional staff, in attempt to resolve the Provincial and West Lincoln appeals, have circulated a number of alternative growth scenarios. Four of the five scenarios address the lower population projections of the Province and serve to benefit West Lincoln with an urban boundary expansion for Smithville. In addition, West Lincoln has proposed its own alternative growth scenario to justify the Smithville urban boundary expansion. These alternative growth scenarios will result in Tess growth being apportioned to all other municipalities in the region with a direct impact on the City's ability to meet infrastructure commitments and fiscal accountability; further the scenarios do not conform with either the Niagara 2031 "Grow South" model or the Growth Plan for the Greater Golden Horseshoe. BACKGROUND In May 2009, Niagara Region adopted Policy Plan Amendment No. 2 -2009 as its growth management strategy, Niagara 2031. The amendment projected growth to reach 545,000 people by 2031 and apportioned the Region's growth to the local municipalities, following a "Grow South" model. The Region allocated growth to the City by providing: • a population increase of approximately 24,600 people that will bring the population of the City 106,800 by 2031 an increase of 10,245 households to a total of 42,740 by 2031. June 27, 2011 These projections have been used by the City in its Growth Plan Conformity Official Plan Amendment (OPA No. 94) to plan for growth for the next 20 years, as well the figures were used in the Development Charges Study to determine the level of development charge to be applied to new development. Amendment 2 -2009 has been appealed to the Ontario Municipal Board (the Board) by several parties. The reallocation scenarios only attempt to resolve two of the appeals, namely that of the Province and of the Township of West Lincoln. The Province's Appeal - 2 - PD- 2011 -35 The Ministry of Municipal Affairs has appealed Regional Amendment 2 -2009 for several reasons, chiefly among them is the use of a projection of 545,000 people that exceeds the 511,000 figure contained in the Provincial Growth Plan. If the projections of Amendment 2 -2009 are modified to conform to the Growth Plan, the ramifications of this on the City would be a reduction in projected growth of approximately 30 %, this translates to a forecasted population in 2031 of about 100,000 people. This loss in potential growth has direct implications on our forecasting for Development Charges, the City's ability to pay for infrastructure commitments, which could impact on the City's fiscal accountability. The West Lincoln Appeal The Township of West Lincoln's appeal of the Regional amendment is based on claims not to have been apportioned enough growth. It is experiencing growth pressures from Hamilton and the western GTA and, as such, the Township is of the opinion that an urban boundary expansion to Smithville is warranted. West Lincoln and Niagara Region have been negotiating a potential settlement through the office of the Provincial Facilitator. The negotiations have resulted in the preparation of several different growth scenarios by the Region as summarized in the table below. (The Region's scenarios are included in full in Appendix 1.) Four of the five scenarios use the lower Provincial projection of 511,000 people. Three of the five scenarios serve to provide West Lincoln with a disproportionately larger share of the regional growth by shifting growth from other municipalities in order to justify West Lincoln's desire to expand the Smithville urban boundary. Scenarios population projection 1 - 2 -2009 545,000 2- 511,000 preferred option + WL 3 - 511,000 Proportional Allocation 4 - 511,000 WL focus West Niagara transfer 5 - 511,000 WL focus Rest of Niagara transfer 2006 85,500 85,500 85,500 85,500 85,500 2031 106,800 104,000 99,538 99,538 99,091 2006 -2031 growth 21,300 14,900 14,038 14,038 13,591 proportion of region's growth 21.11% 22.41 % 21.11 % 21.11% 20.44% June 27, 2011 These projections have been used by the City in its Growth Plan Conformity Official Plan Amendment (OPA No. 94) to plan for growth for the next 20 years, as well the figures were used in the Development Charges Study to determine the level of development charge to be applied to new development. Amendment 2 -2009 has been appealed to the Ontario Municipal Board (the Board) by several parties. The reallocation scenarios only attempt to resolve two of the appeals, namely that of the Province and of the Township of West Lincoln. The Province's Appeal - 2 - PD- 2011 -35 The Ministry of Municipal Affairs has appealed Regional Amendment 2 -2009 for several reasons, chiefly among them is the use of a projection of 545,000 people that exceeds the 511,000 figure contained in the Provincial Growth Plan. If the projections of Amendment 2 -2009 are modified to conform to the Growth Plan, the ramifications of this on the City would be a reduction in projected growth of approximately 30 %, this translates to a forecasted population in 2031 of about 100,000 people. This loss in potential growth has direct implications on our forecasting for Development Charges, the City's ability to pay for infrastructure commitments, which could impact on the City's fiscal accountability. The West Lincoln Appeal The Township of West Lincoln's appeal of the Regional amendment is based on claims not to have been apportioned enough growth. It is experiencing growth pressures from Hamilton and the western GTA and, as such, the Township is of the opinion that an urban boundary expansion to Smithville is warranted. West Lincoln and Niagara Region have been negotiating a potential settlement through the office of the Provincial Facilitator. The negotiations have resulted in the preparation of several different growth scenarios by the Region as summarized in the table below. (The Region's scenarios are included in full in Appendix 1.) Four of the five scenarios use the lower Provincial projection of 511,000 people. Three of the five scenarios serve to provide West Lincoln with a disproportionately larger share of the regional growth by shifting growth from other municipalities in order to justify West Lincoln's desire to expand the Smithville urban boundary. June 27, 2011 - 3 - PD- 2011 -35 West Lincoln has also proposed a sixth alternative growth scenario that involves the "borrowing" of future growth from Niagara Falls, Fort Erie and Port Colborne in order to bolster its current allocation and thus justify the Smithville urban boundary expansion. Planning Analysis Staff has assessed the reallocation scenarios and have made the following determinations: The loss of population and households would have a direct impact on the City by reducing both Development Charge revenue and assessment. If approved, the reduced population projections would likely result in the need for a recalculation of the Development Charge for new development. The scenarios that serve to justify West Lincoln's proposed Smithville Urban Boundary expansion are contrary to the "Grow South" model of Niagara 2031, which directs growth to municipalities, including Niagara Falls, that have the services and infrastructure that can support growth. The West Lincoln proposal to "borrow" future allocations represents a promise without any guarantees. West Lincoln states that these allocations would be "returned" to the affected municipalities at the next 5 -year update. Such a scenario has no planning basis and would also be contrary to the Niagara 2031 model. Reductions in projected growth will also decrease the likelihood of the applications to expand the urban boundary in the northwest being approved by the Region. Based on the above, it is staff's opinion that alternative growth scenarios 2, 3, 4 and 5 cannot be supported and that the projections and growth model of Niagara 2031 continue to be the preferred option for the region's growth. Staff supports the original projections and allocations by the Region as contained in Scenario 1. In the event that the Province successfully wins its appeal against the Region's higher growth projections, it is the position of City Planning staff that the Region should distribute proportionately the future growth to municipalities based on historic development patterns, current urban area capacities and the existence of infrastructure of the municipality, including Regional treatment facilities, to accommodate future growth. Should the Region proceed further with any of the alternative scenarios that run contrary to the Niagara 2031 growth model, these scenarios should be taken through a full public consultation process and allow for municipalities, stakeholders and the general public to review and comment on the proposal. FINANCIAL IMPLICATIONS The reduction in projected population and household projections as proposed in the various growth scenarios would affect both the amount of Development Charge by both the City and the Region. It will also affect the amount of future assessment. CITY'S STRATEGIC PRIORITIES Support of the projections in Regional Policy Plan Amendment No. 2 -2009 will assist in the realization of several of Council's strategic priorities including: June 27, 2011 Infrastructure Sustainability Financial Stability A Well Planned City LIST OF ATTACHMENTS - 4 - PD- 2011 -35 • Appendix 1 - Letter from Patrick Robson, Commissioner of Integrated Community Planning; Potential Growth Reallocation Scenarios. Recommended by: Respectfully submitted: J.Barnsley:gd Attach. S: \PDR\2011 \PD- 2011 -35, Regional Growth Reallocation Scenarios.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer Niagara WM Region APPENDIX 1 INTEGRATED COMMUNITY PLANNING Office of the Commissioner 2201 St. David's Road P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905- 695 -1571 Fax: 905 -641 -5208 www.niagararegion. ca Building Community. Building Lives. April 18, 2011 SENT VIA E -MAIL Local Planning Directors RE: Regional Policy Plan Amendment 2 -2009 - Niagara's 2031 Growth Management Strategy As you know, on May 28, 2009, Regional Council approved Regional Policy Plan Amendment 2 -2009 (RPPA 2 -2009) (Niagara's 2031 Growth Management Strategy) in response to the requirements outlined in the Places to Grow Act. RPPA 2 -2009 was subsequently appealed by several parties including the Province and the Township of West Lincoln. One of the concerns expressed by West Lincoln is that the population, household and employment forecasts allocated to it were inadequate to accommodate West Lincoln's growth expectations and its urban boundary expansion application By way of response, Niagara Region planners developed five potential reallocation scenarios (copies attached). At its April 14, 2011 meeting, Regional Council directed its staff to publicly circulate the five scenarios to each local municipal planning department for review and comment. The purpose of this letter is to provide you with those scenarios, ask you to review them with, and on behalf of, your municipality and invite you to discuss West Lincoln's reallocation request at the next Area Planners' meeting scheduled for April 29, 2011, 9:00 a.m. — 12 noon at Niagara Region Headquarters, Campbell West Building, Committee Room 4 Should you have any alternative reallocation proposals to make, we ask you to circulate those proposals (with appropriate supporting documentation) at your earliest convenience to all municipal planning departments well prior to the meeting. Mary Lou Tanner of our office will be coordinating the meeting and I ask you to ensure that she is copied on all relevant communications. Please note that Niagara Region has not endorsed the principle of reallocation nor any of the five scenarios. Rather, the scenarios are offered as possible solutions to West Lincoln's concerns and may well prompt a resolution different from these five scenarios. In closing, we would be grateful for your earliest attention to this matter as the processing of appeals before the Ontario Municipal Board have been deferred to allow us to attempt to resolve these issues through negotiation Thank you for your anticipated cooperation and we look forward to hearing back from you Sincerely Patrick Ro• -on Commissioner cc: Provincial Planners Regional Councillors Michael Kyne, Director, Legal Services Mary Lou Tanner, Acting Associate Director, Regional Policy Planning Janet Piton, Deputy Clerk JUN14 2011 PLANNING & DE'VELOPMr'- .' POTENTIAL GROWTH REALLOCATION SCENARIOS Scenario 1: 545 Forecast — Niagara 2031 • Scenario 1 presents the forecasts contained in Regional Policy Plan Amendment 2- 2009 as approved by regional Council„ • The forecasts represent Option D, the Preferred Growth Option developed thorough the Niagara 2031 process and adopted by Council. • The forecasts were developed by Watson and Associates, the Region's consultants, based on an analysis of the key drivers affecting future growth in Niagara. Scenario 2: 511 Forecasts — Local Allocations Reflecting Niagara's Preferred Growth Option While Still accommodating West Lincoln • The Scenario 2 Forecasts were developed by Watson and Associates to conform to the Provincial forecasts for Niagara as required by Places to Grow. • The Preferred Growth Option from Niagara 2031 was adjusted to conform to the Provincial forecast for Niagara. The population forecast for Niagara is reduced from 545,000 (Niagara 2031 forecasts) to 511,000 (Places to Grow forecasts). • The revised growth allocation was designed to minimize adjustments to the proportion of housing growth by local municipality in Niagara 2031 in an effort not to undermine the vision of Niagara Region's Preferred Growth Option. • Future housing growth by local municipality was reviewed in the context of recent housing trends, anticipated market demand and the evaluation criteria used to assess the preferred growth option, as per Phases 3 and 4 of the Growth Management Strategy (GMS). • This scenario involves reduced growth for all municipalities except West Lincoln. Scenario 3: 511 Forecasts - Proportional Allocation • The population and housing forecasts for the Region as a whole are adjusted to conform to the Forecasts in Places to Grow. • The forecast growth allocated to each local municipality is reduced by the same percentage as the Regional forecasts. Thus each municipality receives the same proportion of Regional growth as in Niagara 2031. Scenario 4: 511 Forecasts — West Lincoln Focus for Growth (West Niagara Transfer) • Scenario 3 is used as the base, but the population growth allocated to West Lincoln is increased from 1,977 under Scenario 3 (proportional allocation) to 6,000 as formally requested by West Lincoln. • The population growth allocated to Lincoln and Grimsby is reduced to offset the increase allocated to West Lincoln. The reduction is approximately 2,000 people for each municipality. Lincoln and Grimsby share water and wastewater treatment facilities with West Lincoln. • The other Niagara municipalities maintain the same population allocations as in Scenario 3. Scenario 5: 511 Forecasts — West Niagara Focus for Growth • Scenario 3 again is used as the base but the population growth allocated to West Lincoln is increased to 6,000 as requested by West Lincoln.. • The population growth allocated to Lincoln and Grimsby remains the same as in Scenario 3. The population growth allocated to each of the remaining municipalities is reduced by 447 people to offset the increased allocation to West Lincoln. SCENARIO 1: 545 FORECAST - NIAGARA 2031 Amendment 2 -2009 Population Projection Figures may not add up due to rounding. Population figures include undercount. Household Projection Figures may not add up due to rounding. Fort Erle Grimsby Lincoln Niagara Niagara- Falls on -the- Lake Pelham Port Colborne Wetland West Lincoln St. Catharines Wainfleet Thorold Region of Niagara 2006 Population 31,100 24,900 22,600 85,500 15,200 16,800 19,300 52,300 13,700 137,300 6,900 18,900 444,500 2031 Population 40,700 32,800 30,300 106,800 - 22,700 24,400 24,100 66,500 16,700 143,800 8,200 28,400 545,400 2006 -2031 Growth 9,600 7,900 7,700 21,300 7.500 7,600 4,800 14,200 3,000 6,500 1,300 9,500 100.900 Proportion of Growth 9.51% 7.83% 7.63% 21.11% 7.43% 7.53% 4.76% 14.07% 2.97% 6.44% 1.29% 9.42% 100.00% SCENARIO 1: 545 FORECAST - NIAGARA 2031 Amendment 2 -2009 Population Projection Figures may not add up due to rounding. Population figures include undercount. Household Projection Figures may not add up due to rounding. Fort Erie Grimsby Lincoln Niagara Palls Niagara- on the- Lake Pelham Port Colborne Welland West Lincoln St. Catharines Waintleet Thorold Region of Nla_gara 169,500 2006 Households 12,220 8,745 7,680 32,495 5,445 5,930 7,790 20,715 4,295 54,725 2,390 7,055 2031 Households 16,650 12,240 10,930 42,740 8,840 8,930 10,170 27,590 5,610 63,550 3,010 10,930 221.240 2006 -2031 Growth 4,430 3,495 3,250 10,245 3,395 3.000 2,380 6,875 1,315 8,825 620 3,875 51,705 Proportion of Growth 8.57% 6.76% 6.29% 19.81% 6.57% 5.80% 4.60% 13.30% 2.54% 17,07% 1.20% 7.49% 100.00% SCENARIO 1: 545 FORECAST - NIAGARA 2031 Amendment 2 -2009 Population Projection Figures may not add up due to rounding. Population figures include undercount. Household Projection Figures may not add up due to rounding. SCENARIO 2: 511 FORECAST Local Allocations Reflecting Niagara's Preferred Growth Option Population Projection Notes Figures may not add up due to rounding. Population figures include undercount Household Projection Notes Figures may not add up due to rounding. T' Fort Erie Grimsby Lincoln Niagara Falls Niagara- on-die- Lake Pelham Port Colborne Welland West Lincoln St. Catharines Wainfleet Thorold Region of Niagara 2006 Population 31,100 24,900 22,600 85,500 15,200 16,800 19,300 52,300 13,700 137,300 6,900 18,900 444,500 2031 Population 38,900 30,600 28,600 100,400 20,700 22,400 20,900 61,500 17,000 138,000 7,900 24,100 511,000 2006 -2031 Growth 7,600 5,700 6,000 14,900 5,500 5,600 1,600 9,200 3,300 700 1,000 5,200 66,500 Proportion of Growth 11.73% 8.57% 9.02% 22.41% 8.27% 8.42% 2.41% 13.83% 4,96% 1.05% 1.50% 7.82% 100.00% SCENARIO 2: 511 FORECAST Local Allocations Reflecting Niagara's Preferred Growth Option Population Projection Notes Figures may not add up due to rounding. Population figures include undercount Household Projection Notes Figures may not add up due to rounding. T' Fort 1 Erie Grimsby Lincoln Niagara Falls Niagara- on-the- Lake Pelham Port 1 Colborne Welland West Lincoln St. Catharines Wainfleet 2,390 Thoroid 7,055 Region of Niagara 169,500 2006 Households 12,220 8,745 7,680 32,495 5,445 5,930 7,790 20,715 4,295 54725 2031 Households 15,880 11,400 10,300 40,300 7,990 8200 9,020 25,670 5,610 61,120 2.980 9,400 207.900 2006 -2031 Growth 3,640 2,855 2,820 7,805 2,545 2,270 1,230 4,955 1,315 6,395 590 2,345 38,400 Proportion of Growth 9.48% 6.91% 6.82% 20.33% 6,63% 5.91% 3.20% 12.90% 3.42% 15.65% 1.54% 6.11% 100.00% SCENARIO 2: 511 FORECAST Local Allocations Reflecting Niagara's Preferred Growth Option Population Projection Notes Figures may not add up due to rounding. Population figures include undercount Household Projection Notes Figures may not add up due to rounding. T' SCENARIO 3: 511 Proportional Allocation Population Projection N otes Figures may not add up due to rounding. Population figures include undercount. Household Projection N otes Figures may not add up due to rounding. Allocations for growth based on the proportion of growth as allocated under 545 projection. Fort Erie Grimsby Lincoln Niagara Falls Niagara- on -the- Lake Pelham Port Colborne Weiland West Lincol n St. Catharines Wainfleet Thorold Region of Niagara 444,500 2006 Population 31,100 24,900 22,600 85,500 15,200 16,800 19,300 52,300 13,700 137,300 6,900 18,900 2031 Population 37,427 30,107 27,675 99,538 20,143 21,809 22,464 61,659 15,677 141,584 7,757 25,161 511,000 2006 -2031 Growth 6,327 5,207 5,075 14,038 4,943 5,009 3,164 9,359 1,977 4,284 857 6,261 66,500 Proportion of Growth 9.51% 7,83% 7.63% 21.11% 7.43% 7.53% 4.76% 14.07% 2.97% 6.44% 1.29% 9.42% 100.00% SCENARIO 3: 511 Proportional Allocation Population Projection N otes Figures may not add up due to rounding. Population figures include undercount. Household Projection N otes Figures may not add up due to rounding. Allocations for growth based on the proportion of growth as allocated under 545 projection. Fort Erie Grimsby Lincoln Niagara Falls Niagara -on- the - Lake Pelham Port Colborne Welland West Lincoln SL Catharines Wainfleet Thorold Region of Niagara 169,500 2006 Households 12,220 8,745 7,680 32,495 5,445 5,930 7,790 20,715 4,295 54,725 2,390 7,055 2031 Household 15,510 11,341 10,094 40,104 7,966 8,158 9.558 25,821 5,272 61,279 2.850 9,933 207,900 2006 -2031 Growth 3,290 2,596 2,414 7,609 2,521 2,228 1,768 5,106 977 6,554 460 2,878 38.400 Proportion of Growth 8.57% 6.76% 6.29% 19.81% 6.57% 5.80% 4.60% 13.30% 2.54% 17.07% 1,20% 7.49% 100.00% SCENARIO 3: 511 Proportional Allocation Population Projection N otes Figures may not add up due to rounding. Population figures include undercount. Household Projection N otes Figures may not add up due to rounding. Allocations for growth based on the proportion of growth as allocated under 545 projection. Household Projection Fort Erie Grimsby Lincoln Niagara Falls Niagara- on -the- Lake Pelham Port Colborne Welland West Lincoln St. Catharines Wainfleet Thoro ld Region of Niagara Fort Erie Grimsby Lincoln Niagara Falls Niagara -on- the - Lake Pelham Port Colborne Welland West Lincoln St. Catharines Walnfleet Thorold Region of Niagara 2006 Households 12,220 8.745 7,680 32,495 5,445 5,930 7,790 20,715 4,295 54,725 2,390 7,055 169,500 2031 Household 15,510 10,347 9,100 . 40,104 7,966 8,158 9,558 25,821 7,260 61,279 2,850 9,933 207,900 2006 -2031 Growth 3,290 1,602 1,420 7.609 2,521 2,228 1,768 5,106 2,965 6,554 460 2,878 38,400 Proportion of Growth 8.57% 4.17% 3.70% 19.81% 6.57% 5.80% 4.60% 13.30% 7.72% 17.07% 1.20% 7.49% 100.00 % Change from Scenario 3 0 - -994 -994 0 0 0 0 0 1988 0 0 0 0 SCENARIO 4: 511 West Lincoln Focus (West Niagara Transfer) Population Projection Figures may not add up due to rounding. Population figures include undercount. Allocates an additional 4,023 people to West Lincoln (beyond Concept 1). Subtracts 4,023 from Gnmsby and Lincoln (2,011 from Grimsby and 2,012 from Lincoln). Figures may not add up due to rounding. Allocates an additional 1,988 households to West Lincoln. Subtracts 1,988 households from Grimsby and Lincoln (994 from Grimsby and 994 from Lincoln). Fort Erie Grimsby Lincoln Niagara Falls Niagara- on -the- Lake Pelham Port Colborne Welland West Lincoln St. Catharines Wainfleet Thoro ld Region of Niagara 2006 Population 31,100 24,900 22,600 85,500 15,200 16,800 19,300 52,300 13,700 137,300 6,900 18,900 444,500 2031 Population 37,427 28,096 25,663 99,538 20,143 21,809 22,464 61,659 19,700 141,584 7,757 25,161 511,000 2006 -2031 Growth 6,327 3,196 3,063 14,038 4,943 5.009 3,164 9.359 6,000 4,284 857 6,261 66,500 Proportion of Growth 9.51% 4.81% 4.61% 21.11% 7.43% 7.53% 4.76% 14.07% 9.02% 6.44% 1.29% 9.42% 100.00% Change from Scenario 3 LI_a__ 0 -2011 -2012 0 0 0 0 0 4023 0 0 0 0 SCENARIO 4: 511 West Lincoln Focus (West Niagara Transfer) Population Projection Figures may not add up due to rounding. Population figures include undercount. Allocates an additional 4,023 people to West Lincoln (beyond Concept 1). Subtracts 4,023 from Gnmsby and Lincoln (2,011 from Grimsby and 2,012 from Lincoln). Figures may not add up due to rounding. Allocates an additional 1,988 households to West Lincoln. Subtracts 1,988 households from Grimsby and Lincoln (994 from Grimsby and 994 from Lincoln). SCENARIO 5: 511 West Lincoln Focus (Rest of Niagara Transfer) Population Projection Figures may not add up due to rounding. Population figures include undercount. Allocates an additional 4,023 people to West Lincoln. Subtracts 4,023 people from the other municipalities to Niagara, except Grimsby and Lincoln (447 people per municipality). Household Projection N o t es Figures may not add up due to rounding. Allocates an additional 1,988 households to West Lincoln. Subtracts 1,988 households from all other municipalities in Niagara, except Grimsby and Lincoln (221 households per municipality). Fort Erie Grimsby Lincoln Niagara Falls Niagara -on -the- Lake Pelham Port Colborne Welland West Lincoln St. Catharines Wainfleet Thorold Region of Niagara 2008 Population 31,100 24,900 22,600 85,500 15,200 16,800 19,300 52,300 13,700 137,300 6,900 18,900 444,500 2031 Po • ulation 36,980 30,107 27,675 99,091 19,696 21,362 22,017 61,212 19,700 141,137 7,310 24,714 511,000 2006 -2031 Growth 5,880 5,207 5,075 13,591 4,496 4,562 2,717 8,912 6,000 3,837 410 5,814 66,500 Proportion of Growth 8.84% 7.83% 7.63% 20.44% 6.76% 6.86% 4.09% 13.40% 9.02% 5.77% 0.62% 8.74% 100.00 Change from Scenario 3 -447 0 0 - 447 - 447 - 447 -447 -047 4,023 - 447 -447 447 0 SCENARIO 5: 511 West Lincoln Focus (Rest of Niagara Transfer) Population Projection Figures may not add up due to rounding. Population figures include undercount. Allocates an additional 4,023 people to West Lincoln. Subtracts 4,023 people from the other municipalities to Niagara, except Grimsby and Lincoln (447 people per municipality). Household Projection N o t es Figures may not add up due to rounding. Allocates an additional 1,988 households to West Lincoln. Subtracts 1,988 households from all other municipalities in Niagara, except Grimsby and Lincoln (221 households per municipality). Fort Erie Grimsby Lincoln Nlaga ra Falls Niagara -on -the- Lake Pelham Port Colborne Welland West Lincoln St. Catharines Walnfleet Thorold Region of Niagara 2006 12,220 8,745 7,680 32,49 5.445 5,930 7,790 20,715 4,295 54,725 2,390 7,055 169,500 Households 5 2031 15,289 11,341 10,094 39,88 7,745 7,937 9,337 25,600 7,260 61,058 2,629 9,712 207,900 Household 3 2006 -2031 3,069 2,596 2,414 7,388 2,300 2,007 1,547 4,885 2,965 6,333 240 2,657 38,400 Growth Proportion of 7.99% 6.76% 6.29% 19.24 5.99% 5.23% 4.03% 12.72% 7.72% 16.49% 0.62% 6.92% 100.0% Growth % Change from -221 0 0 -221 -221 -221 -221 -221 1,988 -221 -221 -221 0 Scenario 3 SCENARIO 5: 511 West Lincoln Focus (Rest of Niagara Transfer) Population Projection Figures may not add up due to rounding. Population figures include undercount. Allocates an additional 4,023 people to West Lincoln. Subtracts 4,023 people from the other municipalities to Niagara, except Grimsby and Lincoln (447 people per municipality). Household Projection N o t es Figures may not add up due to rounding. Allocates an additional 1,988 households to West Lincoln. Subtracts 1,988 households from all other municipalities in Niagara, except Grimsby and Lincoln (221 households per municipality). To: Dean lorfida rfidaTIJniagarafails.ca City of Niagara Fails From: Harry Oakes, Char Date: June 15. 2011 Re: 2011 Budget At our annual meetina June 9, 2011 the attached oudget and tax levy request .vas passed by the aifton BIA board. We accreciate you efforts in co-oro*iatino these matters and should., you require any further lnfo"mat:on please rorrtact me (905) 357-5911. hoakesitToliftohnitl.com. TODS Highway Signage BUS Bench PrOcUna71 Streetscape Mantehance Accounting & Cc.)intingenc.:y Surplus Balance from 2010 2011 Tax Levy Request Clifton Hill BIA 4960 Ciifton Hill. Box 60 Niagara Fails, Ontario. L2E 6S8 (905) 357-5911 emaii: hoakesTt cam MEMO 2011 B. 510.500 312,500 310,000 3 7.00C 340,000 515 000 525,000 Fallsview BIA 2011 Budget marketing & advertising $ 285,000.00 office expenses $ 6,000.00 conventions & meetings $ 3,000.00 association memberships $ 1,500.00 bank charges $ 100.00 sponsorships(WFOL fireworks, NYEve) $ 152,000.00 insurance $ 2,000.00 professional fees $ 27,500.00 salary & wages $ 43,800.00 miscellaneous $ 3,000.00 convention centre commitment $ 1,000,000.00 beautification $ 26,100.00 $ 1,550,000.00 June 14, 2011 RE: Niagara Falls Nationals FHL Semi Professional Hockey Team To His Worship Mayor Jim Diodati & Niagara Falls City Councillors, Recently it has come to our attention that our city could have a new semi - professional hockey club playing out of the Gale Centre as early as this coming season. Given neither of our respective clubs have been consulted, nor any formal announcement has been made in the local media, we would both be surprised and disappointed if negotiations with an unproven outside interest would have progressed to this stage without any consultation having been made with two of the primary tenants and major users of the Gale Centre. We are well aware of the fact that the City owns and runs the Gale Centre and is in the business of renting ice and covering capital and operating costs. Our concerns are that we already have two junior teams playing on that same ice surface where each one of us has made individual investments in new dressing rooms that were designed for us. To add another team into this mix as well as all the other users is certainly going to further cause scheduling issues and someone is going to lose something. The Chippawa Jr. C Riverhawks have operated in this city for 31 years and the Niagara Falls Canucks are the longest standing junior team in Ontario with single ownership by the Masterson Family for 40 years. Each of our teams has shown a commitment to this city by being able to operate and keep these teams in Niagara Falls for as long as we have. Bringing in another team at the semi - professional level could certainly jeopardize viability of our hockey clubs. Both our hockey clubs over the years have had our challenges in competing for advertising revenue, team sponsorships, volunteers and spectatorship sufficient to attempt to break even financially. Adding a third team could jeopardize both clubs' viability. Our two hockey clubs have created a lot of memories, history and excitement for this city by both of us bringing championships to Niagara Falls while others have tried to bring higher level teams and have come and gone. It is our hope that final decisions have not been made on this matter and that our input that we feel is very valuable when assessing these types of opportunities will be considered very seriously. Thank you for your consideration and we look forward to hearing from you soon. Sincerely, Tim Masterson - President Niagara Falls Jr. B Canucks Hockey Club Terry Masterson — Vice President Niagara Falls Jr. B Canucks Hockey Club Fred Saco - Owner ChippawaJr. C Riverhawks Buddy Lowe - Owner Chippawa Jr. C Riverhawks D B I L skiw — Owner ippawa Jr. C Riverhawks Wanda Harding — Owner Chippawa Jr. C Riverhawks (6/23/2011) Dean lorfida - From: The Niagara Falls Nationals Page 1 From: To: Date: Subject: Attachments: Niagara falls Nationals <nfnationals ©gmail.com> <jdiodati ©niagarafalls.ca> 6/15/2011 2:31 PM From: The Niagara Falls Nationals Nationals Replyl.pdf; Saturday availability.pdf To: Mayor Jim Diodati & City Council Dear: Mr. Mayor and City Council The attached is a letter in response to a news article posted in the Niagara Falls Review on June 15th 2011 in regard to ice time allocation for our professional hockey team the Niagara Falls Nationals. I have written this letter in order to answer the concerns of the two Junior clubs which are objecting to our presence in Niagara Falls. We would like to go forward with our ice time contract as all the other teams in our league have submitted theirs. Thank you in advance for helping us move this process to completion. Sincerely. Terry Whittaker President Niagara Falls Nationals www.niagarafalls-nationals.com (6/23/2011) Dean lorfida - Nationals Replyl.pdf Page 1 PROFESSIONAL HOCKEY Niagara Falls Nationals 101-580 The East Mall, Toronto. Ontario M9B -4A7 To Mayor Jim Diodati & City Council Dear. Mr. Mayor and City Council I am are writing this letter in response to a news article posted in the Niagara Falls Review on June 15th 201 1 in regard to ice time allocation for 201 1. Although. we have not personally spoken to the Jr. B franchise or the Jr. C franchise ourselves. the article claims that these two hockey clubs have or will post to Niagara Falls City Council objections to profes - sional hockey coming to Niagara falls. According to the article they have two major objections. One being sponsorships and the second being ice time allocations. We would like to address those two concerns for City Council in this letter. As to sponsorships. minor hockey which includes Jr B and Jr. C sponsorships are almost always small local businesses. that often kick in a few hundred dollars to help the kids out. It should be noted that pro- fessional hockey teams deal with national and intemational sponsors which have a local footprint in the community . Professional teams deal in sponsorships of tens of thousands of dollars. Sponsors with adult products such as major beer companies and Casino's. generally find it inappropriate to sponsor minor hockey pro- grams in a normal adverting way. The idea that a professional team would impact small minor hockey sponsorships is just not supported in -fact. OHL teams who are considered professional organizations and who's budgets are four to five million dol- lars annually exists along side junior clubs in at least nine cities in Ontario. Peterborough. which had a population less then Niagara falls according to the 2006 census. host both a very popular OHL team. the Pete's' and a Tier I I junior A team the 'Stars. These teams have operated in the same town since 1965 and are showing no ill effects of their close proximity. Further. the OHL's Niagara Thunder coexisted with Niagara Falls same two junior teams. Terry Masterson owner of the Jr B. Canucks commented to the Niagara Falls Review. that ."This is not a hugely populated area. There will be ice time conflicts and well be fighting for sponsorships." This is con- trary to what actually happens in these cases as pointed out in the Peteborough case and other cases such as Guelph. In fact. the Nationals would be one of the sponsors to both the Jr. B and Jr. C teams. It is the desire of the Niagara Falls Nationals to have a beneficial and professional working relationship with Niagara falls minor hockey in general. And we believe that will happen as graduating local junior players begin to fill the ranks of the Nationals. on their quest to a hockey career . (6/23/2011) Dean lorfida - Nationals Replyl.pdf Page 2 The ice time conflicts alluded to by Mr. Masterson have largely been dealt with by Kathy Moldenhauer acting director of recreation and culture. and Stephen Hamilton. by offering practical solutions. For exam- ple. the majority of game times offered to the Niagara Falls Nationals are Saturday nights. Neither of the two Jr clubs play on those nights. Further they have very few request for that night from any organiza - tion. Secondly the other nights involved were Tuesday' s and some Monday nights The Junior C team had requested practice time in these prime time evening slots. The Niagara Falls Nationals requested some weeknight times for games only We did not request any particular night. The Jr. C team did not necessar - ily need the 2000 plus arena for practices. while the Nationals needed it for games But this did not mean a net loss of ice time for the Jr C team. as they could be allocated ice time for practices in any arena in the city. The Nationals wanted a dedicated dressing room and office space. as was afforded to both the Jr B and C teams. We also wanted practice time at the Gale Centre. As a compromise. the Nationals dropped the request for an office. a dedicated dressing room and did not request any practice times in the city. The team only requested 26 evening ice times slots for their games. Of which Kathy Moldenhauer and Ste- phen Hamilton. sighted 24 slots the team could have. The Nationals excepted those 24 time slots and picked up two more in Fort Erie to round out the schedule. The Jr. B team was not effected by the Nation - als ice time request. So Mr. Masterson has no reason to be concerned about ice time conflicts. There cur- rently is none. The Niagara Falls Nationals brings to the city. its citizens and its businesses many benefits. For example. Niagara Falls Nationals will be traveling from Danville Illinois to New York City. And they will be bringing with it the name of the city and its businesses. A great example of this is alive radio sports show in New York which I will be doing on Thursday June 16. It has a potential audience of millions of people in the New York area Wth Niagara Falls economy being anchored deep in tourism. these types of media events are priceless. And you can expect shows like that in most of the Federal Hockey League cities_ Not to mention the fact that these teams have dedicated followings which will join them as they travel to Niagara Falls Then there is the benefit to our Niagara communities young hockey players. When they graduate from the Junior ranks they will have a chance to play in or near their home town. They can go to school or work right here in Niagara Falls and still pursue their hockey dreams. We hope and look forward to your continued support as we get closer to dropping the puck at Niagara Falls Gale Centre. Sincerely Terry Whittaker President and GM Niagara Falls Nationals Ken Todd - Federal Hockey Team Page 1 of 1 ,..,*F /r4t:S' '.z0, /.,°34.,'sU 4 li ✓o-....: $ ems:'..,, f,!"a.�'> .,.W f;:.:✓'YY,N „» .�. 'ki .,mew..; -;1"{3 9,r�,W ;, xti: .,: ,L �S;s»r.'+X: /; r€:".,,' Z,.4D1'..TiS.C4%✓f.�4 >K; ro- /Siz,.l>....fYwvu'�"'°/,. 7. 'Fi'£x: b3:;?; .4S'w ^,� From: Ken Todd To: Council Members Date: 15/06/2011 4:38 PM Subject: Federal Hockey Team CC: Kathy Moldenhauer; Steve Hamilton Hello everyone: I know that the Mayor has responded on this matter but thought it was important for members of Council to know where this matter stands. Staff have had ongoing discussions with the Federal Team representatives, but there currently is no deal that has been worked out. Staffs position has been that we will try and accommodate the Club with available ice time, but under no circumstances would we disrupt or interfere with other users, including the Jr. B's and Jr. C's. It's our expectation that this team will pay full adult ice user rates for all time used. They would not get any special consideration, like the arrangements that have negotiated with the local junior clubs. In other words, they are being viewed like any other user who would like to rent ice from use when time is available. We have not given any endorsement and our staff has asked officials to remove any references to the City of Niagara Falls from their website. Its unfortunate that Council had to hear about this from newspaper articles, but as staff we didn't have anything to report on this matter because we felt the issue was still in the discussion stage. In fact, we are not sure it will even happen. If you have any questions please call or email thanks you Ken. f le'/ /C \llncnmentc and Settinac \ktl (1fl \f nra1 Settinac \Temn \YPnrnWice \dfIPRF(11 Pfln ') (1 /nA 0111 1 Association of Municipalities of Ontario (AMO) Conference 2011 Page 2 of 3 Association of Municipalities of Ontario (AMO) Conference 2011 NOTICE The Government of Ontario Process for Ministers' and Parliamentary Assistants' Delegations at the Association of Municipalities of Ontario (AMO) Conference Sunday, August 21 to Tuesday, August 23 2011 Hilton London Hotel London, Ontario Individual Ministers and Parliamentary Assistants are being asked to participate in municipal delegations. Please note that not all Ministers and Parliamentary Assistants will be taking delegations. If your municipality wishes to meet with a Minister or Parliamentary Assistant, we ask that you complete and submit the online form. The Ministry of Municipal Affairs and Housing (MMAH) will respond to delegation requests for the Minister of Municipal Affairs and Housing. MMAH will advise other Ministers and Parliamentary Assistants of delegation requests and decisions on delegations will be made and given to you by the Ministers requested. To assist in expediting your delegation request, we ask that you use the Municipal Delegation Request Form rather than going through your MPP or directly to the Ministers' Offices. In order to facilitate municipalities in planning their delegation schedules we will advise municipalities of their delegation times prior to the conference. As a result, no delegation requests will be accepted after the DEADLINE of MONDAY, JULY 18 2011. Municipalities will be contacted by the respective Ministries about their requests and, if applicable, the meeting time and location, approximately one week before the Conference. To request a delegation meeting with a Minister, please include all the issues that you wish to discuss with that Minister on a single form. If you are requesting delegation meetings with more than one Minister, each meeting request should be made on a separate form. We ask that delegates not meet with more than one Minister on a given issue. To make the most of the delegation time available (delegations usually run 15 minutes), please ask to discuss your issue only with the Minister or Parliamentary Assistant responsible for that issue. Thank you. Suzan Krepostman Municipal Programs and Education Branch Ministry of Municipal Affairs and Housing Telephone: 416 - 585 -6280 E -mail : suzan.krepostman @ontario.ca • Municipal Delegation Request Form Sunday, August 21 to Tuesday, August 23, 2011 Hilton London Hotel http:// www.mah.gov.on.ca/Page9488.aspx 6/23/2011 5 Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -27 Playground Safety Issues MW- 2011 -27 June 27, 2011 1) That staff be directed to prepare a ten -year Capital Replacement Program for all playground equipment located on City -owned land and further, 2) That Staff direct funding from the Playspace Improvement Program toward improvements at Preakness Park. On May 30, 2011, City Council requested Staff to report back on condition and safety issues at Preakness Park and other parks in the City's inventory. The Preakness Park playground has been the victim of recent acts of vandalism. On five separate occasions in the month of May staff has returned to Preakness Park to repair the play structure. Due to the age of the equipment (constructed in 1994) the required replacement parts are no longer available. Staff is left with the decision to board up the areas that are no longer playable, or dismantle and remove the complete structure. The mandate is to ensure the play structure is safe for children to play on. Boarding up parts of a play structure does make it safe, however; the play factor is greatly reduced. Preakness Park is one of many playgrounds constructed in the early to mid 1990's. The lifespan of a playground is usually 15 years. Preakness Park and Mount Carmel Park are now 17 years old. Ontario, Valour and Crimson parks were constructed in 1992, making them 19 years old. Another 18 parks were constructed in the mid 1990's making them close to the point of replacement. The Crimson playground received Capital Budget approval of $169,000 this year for upgrades and replacements. Construction is currently taking place with a July 2011 completion date. Another $76,000 in the 2011 Capital Budget has been allotted to additional playground upgrades and replacements. These funds were planned for the replacement of the play structure and other amenities at Valour Park, as the playground equipment is beyond the anticipated life cycle and has been subject to significant abuse /vandalism. The Valour Park play structure has similar issues as Preakness Park. June 27, 2011 Due to the most recent circumstances, Council may wish to direct available resources to the Preakness Park project. Additional funding would be needed to address both of the problem areas. BACKGROUND - 2 - MW- 2011 -27 The City of Niagara Falls manages and maintains 93 parks, athletic fields and open spaces, including an inventory of 55 playgrounds that must be maintained. The City has different categories for its parks and one of the most common is the "Neighbourhood" park which provides access to children from the surrounding subdivision. Another category is "Community" park where families would most likely drive to the park to enjoy the play amenities. Examples of these playgrounds are MacBain Community Park, Patrick Cummings Park, F.H. Leslie Park and Niagara Falls Lions Park. The latter parks, and the newly constructed (2008) Garner Park, are considered accessible. A significant amount of time and money is spent on playground maintenance as a result of vandalism and damage. Challenges include the age of the equipment, the amount of damage over the years, due to vandalism in many cases, and lack or no availability of matching replacement parts due to the age. The Municipal Works Parks Services employ three (3) Staff as Equipment Maintainers. They are Certified Playground Practitioners. Among their many duties is the responsibility of an annual inspection of park play structures. A Parks Crews will also contact an Equipment Maintainer if they notice anything unusual or unsafe during their cursory inspection of the playground, while maintaining the park grounds. The Equipment Maintainer will then complete a more in -depth inspection and repair or replace parts as needed. Sometimes it is a loose chain on the swing set and other times it requires a replacement part. The Sandman Crew also visits each park consisting of sand surfacing and they will contact the Equipment Maintainer as well if an unsafe feature is noticed. Staff also relies on the public to advise of any safety issues they may see with the playground equipment while visiting the playground with their children. If a play space is found to be unsafe by the Equipment Maintainer it will be dismantled and removed from the park. This was the case with the Crimson play space in November 2010. Unfortunately, the removal of the play structure results in the neighbourhood children left with only one set of swings and a basketball court on which to play, until a new play structure can be built, pending budget approval. ANALYSIS /RATIONALE A Ten -Year Park Improvement Plan (Plan) is currently being prepared that will identify a number of parks requiring upgrades over the next 10 years. The criteria used to determine the priority is as follows: June 27, 2011 - 3 - MW- 2011 -27 1. Age, with an anticipated life span of 15 years; 2. Issues identified in the Parks Inspection & Maintenance Report; and 3. Other issues, such as continued vandalism. This Plan will be ready for the 2012 Capital Budget deliberations. In the meantime, Valour and Preakness parks are both in need of attention. Currently, Valour Park is scheduled for replacement in 2011. $76,000 from the 2011 Capital Budget will fund the replacement costs, however; it will only cover the cost to replace one non accessible play space, not two. Preakness Park also requires replacing and will be identified as a priority item in the Plan. The Plan will identify up to 30 parks where the age of the play structure is more than 15 years during the 10 -year period. The first five (5) years of the Plan will concentrate on up to 20 parks where the play structures are the oldest and the vandalism and other issues are most prevalent. Some play structures will last longer than others as they have not received the vandalism damage that others have received. Ontario Park, constructed in 1994, is one such play structure. In addition to the physical requirements for the replacement of aging play equipment, Niagara Falls City Council has committed to meeting the requirements of the Niagara Region Facility Accessibility Design Standards (FADS). The Niagara Region FADS place requirements on the City to ensure that replacements meet a minimal standard for accessibility. FINANCIAL /LEGAL IMPLICATIONS The cost to upgrade a play structure and other amenities (swings, basketball court, riding toys, etc.) in a playground, can range from $70,000 to $100,000, depending on the size of the playground. Other hard infrastructure costs (storm sewer reconstruction, sidewalk and security lighting) place additional pressure on the budget. The current standards for new playgrounds include good street visibility, lighting and accessibility. Niagara Region FADS adds requirements like accessible play components, upgraded play surfacing (non sand) and accessible routes /walkways to the playground area. As playgrounds are replaced, additional costs for FADS compliance should be factored into the costs (approximately $10,000 to $25,000). Much like the neighbourhoods they serve, each park playground is different. As a result, budgets should be tailored to each park's needs and not a `one size fits all' funding formula for replacements. The Ten -Year Park Improvement Plan will identify up to thirty (30) playgrounds that will require upgrades or replacements, at an estimated total cost of $2,500,000. The City, having chosen to provide play spaces, has a legal duty to maintain those play spaces to a standard of reasonable safety. June 27, 2011 CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. Recommended by: Respectfully submitted: G. Holman, C. Roberts, K. Beaman, D. Antonsen, J. Clayden - 4 - MW- 2011 -27 Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer and The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Niagara South Vacant Land Condominium Plan 108 was registered on March 23. 2010: WHEREAS Niagara Falls City Council approved the draft plan of vacant condominium on March 5. 2007: and WHEREAS Wedgewood Builders ofNiagara Ltd. are proposing to amend the boundaries of Units 12. 13. and 14: and WHEREAS the amendment proposes a slight modification to the dimensions of a block of townhouse dwellings and moves the block an additional metre away from the south interior side lot line: and WHEREAS the amendment does not affect any abutting properties. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O.. that the proposed changes to the registered plan of vacant land condominium (26CD -11- 2006 -04. West Meadow Phase I1) are minor in nature and Council's decision does not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CD- 2011 -12 Niagaraanlls June 27, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -12 Refreshment Vehicle Business Licence RECOMMENDATION That Council allow the issuance of refreshment vehicle business licences on properties that have an existing restaurant licence, on a trial basis for the summer months. EXECUTIVE SUMMARY The City's Business Licensing By -law (2001 -31) allows for a licence for a Refreshment Vehicle. A refreshment vehicle cannot be set up within 200 metres of a licensed restaurant, which has also meant that a refreshment vehicle is prohibited from being on the same property of a licensed restaurant. Staff is proposing a trial test to allow for refreshment vehicles on the same property as an existing restaurant. BACKGROUND The City's Business Licensing By -law (2001 -31) allows for a licence for a Refreshment Vehicle. A refreshment vehicle is defined as any vehicle (truck, cart, barbeque) from which canteen services are provided or from which sandwiches confections, candies, red hots, hot dogs, hamburgers, potato chips, french fried potatoes, soft drinks, popcorn, peanuts, ice cream, tea, coffee, cocoa or any other prepared foods, lunches or meals are sold for consumption by the public. Contained in the schedule for Refreshment Vehicles is a prohibition against a refreshment vehicle being parked or selling its product within 200 metres of a licensed restaurant. Council has asked that staff review the schedule. ANALYSIS /RATIONALE The licensing of refreshment vehicles was traditionally related to canteen services (i.e., trucks that visited construction sites to provide food to the workers). Over the years, more refreshment vehicles have been licensed in specific locations (i.e., chip wagons in strip malls). June 27, 2011 - 2 - CD- 2011 -12 In the last couple of years, staff has seen an increase in inquiries, applications and licenses for refreshment vehicles. Currently, close to thirty (30) refreshment vehicles are licensed in the municipality. Most recent inquiries have come from out of town residents, who likely believe that a refreshment vehicle is a low cost but high return business. The provision restricting a refreshment vehicle from within 200 metres of a licensed restaurant was, undoubtedly, put in place to protect existing restaurants. Obviously, a physical building would have greater fixed costs associated with it than a transient refreshment vehicle. If the restaurant and the refreshment vehicle are selling the same product, the restaurant is at a disadvantage. The wording of the schedule has also meant that licensed restaurants have not been permitted to have a refreshment vehicle on their own property. It is questionable whether it is necessary to prohibit existing restaurants from having a refreshment vehicle, especially if it is complementary to their existing operation. Also, in these economically difficult times, should licensees be prohibited from maximizing their profit potential by either setting up their own refreshment vehicle or leasing the space to a third party? Staff proposes that refreshment vehicle licenses be permitted on the property of existing licensed restaurants on a trial basis for this summer season (i.e., until Canadian Thanksgiving). The applicant will have to abide by the other provisions of the schedule (i.e., a site plan, a letter of permission from the owner) and ensure that the refreshment vehicle does not eliminate required parking. The proposed trial test will allow staff to gather information for possible permanent changes to the schedule. Staff has seen an increase in applications and may want to look at limits, which are currently possible under the schedule, provisions to prevent a cluster of refreshment vehicles and refinement to the appropriate zoning for such vehicles. One of the criticisms of refreshment vehicles is often their appearance. Unfortunately, staff cannot regulate aesthetics related to these vehicles. Staff will engage the Business Improvement Areas (BIA's) if a more formal review is deemed necessary. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The licensing fees for refreshment vehicles are nominal ($100 for non - motorized, $185 for motorized). Nonetheless, some additional revenues would be possible by allowing licences on properties with existing restaurants. The experience from the proposed trial period could lead to changes to the schedule of the business licensing by —law. CITY'S STRATEGIC COMMITMENT Review corporate policies and practices to encourage support of local businesses. LIST OF ATTACHMENTS Schedule 24 of By -law 2001 -31 June 27, 2011 Recommended by: Respectfully submitted: DI - 3 - LW/6 Dean Iorfida, City CD- 2011 -12 Ken Todd, Chief Administrative Officer -72- REFRESHMENT VEHICLES Schedule 24 to By -law No. 2001 -31 Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended 1. In this Schedule "refreshment vehicle" shall include any vehicle (truck, cart, barbeque) from which canteen services are provided, or from which sandwiches, confections, candies, red hots, hot dogs, hamburgers, potato chips, french fried potatoes, soft drinks, popcorn, peanuts, ice - cream, tea, coffee, cocoa or any other prepared foods, lunches or meals are sold for consumption by the public. 2. Every person who operates a motorized refreshment vehicle in the Municipality shall obtain a licence and pay an annual licence fee in accordance with Schedule 1 to this By -law. A separate licence and licence fee shall be required for each vehicle licensed as a motorized refreshment vehicle if more than one such vehicle is operated by any one owner. 3. Every person who operates a non - motorized refreshment vehicle in the Municipality shall obtain a licence pay an annual licence fee in accordance with Schedule 1 to this By -law. A separate licence and licence fee shall be required for each vehicle licensed as a non - motorized refreshment vehicle if more than one such vehicle is operated by any one owner. 4. An applicant for a licence shall file his application therefor with the Clerk and shall file therewith the written permission of the owner of that property to the applicant for the use of the property where he intends to operate his business, a clear photograph of the vehicle, approvals from Medical Officer of Health, Fire Inspector, Building Department and Ministry of Energy or suitable inspection authority for propane connections. 5. Every applicant for a licence shall submit a site plan, showing proposed location of the vehicle in relation to the property line, distance from buildings to the satisfaction of the Zoning Administrator. 6. This By -law shall not apply to the delivery vehicles operated in connection with a dairy business, a grocery business, a bakery business, or a soft drink business, when used for the delivery of their own products in the normal and usual state of such products, but a licence shall be required if prepared foods, refreshments, lunches or meals are served from such vehicles. 7 No person licensed under the provisions of this Schedule shall permit a refreshment vehicle to be parked within 200 feet of an establishment having a restaurant licence from the Municipality, and no person shall sell or deliver from a refreshment vehicle or solicit orders for food from a refreshment vehicle within 200 feet from an establishment having a restaurant licence from the Municipality. 8. No person licensed under this Schedule shall carry on his business on property owned by the Municipality unless participating in an event for which a Road Use Special Events Policy Permit has been obtained from Council. -73- No person shall be issued a licence for a refreshment vehicle unless the person proposes to operate the refreshment vehicle within the following zoning designations as provided for by By -Law No. 79 -200, as amended: (1) Neighbourhood Commercial (NC); (2) General Commercial (GC); (3) Planned Shopping Centre Commercial (SC); (4) Central Business Commercial (CB); (5) Tourist Commercial (TC); (6) Automobile Service Station & Gasoline Bar Zone (AS); (7) Prestige Industrial Zone (PI); (8) Light Industrial Zone (LI); (9) General Industrial Zone (GI); (10) Heavy Industrial Zone (HI); (11) Transportation Distribution Industrial Zone (TDI); or (12) Extractive Industrial Zone (EI). 10. The Council may, by resolution, regulate the number of licences to be issued to operators or refreshment vehicles from time to time as it considers expedient. 1 1 . Commercial cooking that produces grease laden vapours and smoke must be protected in accordance with N.F.P.A. #96 (National Fire Protection Association) - "Standard for the Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment ", as required by the Ontario Building Code and Ontario Fire Code, and: (1) All new refreshment vehicles must comply with N.F.P.A. #96 - "Standard for the Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment" before a licence is issued; (2) All existing refreshment vehicles must comply with N.F.P.A. #96 - "Standard for the Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment ", within three (3) years from the passage of this By -Law. -74- 12. Refreshment vehicles intending to be connected to the Municipality's electrical system shall be inspected by Ontario Hydro, for compliance with the Electrical Safety Code, and shall provide the Inspection Certificate from Ontario Hydro to the Clerk to be filed with the application for licence. Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Recommended by: Respectfully submitted: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2011 -28 Municipal Accounts That Council approve the municipal accounts totalling $29,587,669.06 for the period May 12, 2011 to June 8, 2011. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Todd Harrison, Direc .r of Finance Ken Todd Chief Administrative Officer F- 2011 -28 June 27, 2011 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1186566 ONTARIO INC. O/A TIM HORTON'S 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 2 GUY'S GLASS INC 2095527 ONTARIO LTD A B C RECREATION LTD A J STONE COMPANY LTD ACAPULCO POOLS ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ADAMS,JONATHON ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANTAGE PRODUCTS AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALSOP,RON ALSOP,TINA AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANGLE,BETH ANTONIO,CHUCK APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARIVA ASSOCIATION OF MUNICIPALITIES OF ONTARIO AVIS CAR INC B & B LIFT TRUCK SERVICE B M AWNINGS BAIN PRINTING LIMITED BANK OF MONTREAL BARKMAN,COREY BEAMAN,KEN BEAMAN,KEN BEATTIES BASICS BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELL,MICHAEL RAY BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD Cheque No. Cheque Date Purpose 346433 25- May -2011 346261 25- May -2011 346462 01- Jun -2011 346604 08- Jun -2011 346463 01- Jun -2011 346262 25- May -2011 346103 18- May -2011 346605 08- Jun -2011 346101 18- May -2011 346263 25- May -2011 346464 01- Jun -2011 346606 08- Jun -2011 346465 01- Jun -2011 346264 25- May -2011 346265 25- May -2011 346466 01- Jun -2011 346607 08- Jun -2011 346467 01- Jun -2011 346468 01- Jun -2011 346102 18- May -2011 346266 25- May -2011 346469 01- Jun -2011 346608 08- Jun -2011 346104 18- May -2011 346267 25- May -2011 346470 01- Jun -2011 346609 08- Jun -2011 346105 18- May -2011 346268 25- May -2011 346106 18- May -2011 346269 25- May -2011 346107 18- May -2011 346471 01 -Jun -2011 346610 08- Jun -2011 346270 25- May -2011 346271 25- May -2011 346272 25- May -2011 346611 08- Jun -2011 346612 08- Jun -2011 346273 25- May -2011 346274 25- May -2011 346275 25- May -2011 346613 08- Jun -2011 346109 18- May -2011 346472 01- Jun -2011 346108 18- May -2011 346110 18- May -2011 346276 25- May -2011 346614 08- Jun -2011 346473 01- Jun -2011 346474 01- Jun -2011 346277 25- May -2011 346283 25- May -2011 346475 01- Jun -2011 346111 18- May -2011 346112 18- May -2011 346113 18- May -2011 346615 08- Jun -2011 346278 25- May -2011 346616 08- Jun -2011 346115 18- May -2011 346116 18- May -2011 346117 18- May -2011 346279 25- May -2011 346476 01- Jun -2011 346477 01- Jun -2011 346478 01- Jun -2011 346617 08- Jun -2011 346619 08- Jun -2011 346620 08- Jun -2011 346114 18- May -2011 346479 01- Jun -2011 346280 25- May -2011 MATERIALS SERVICES SERVICES MATERIALS ANTENNA LICENSE AGREEMENT MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS SERVICES SERVICES MATERIALS GREEN ART SHOW PRIZE SERVICES SERVICES SERVICES MATERIALS SERVICES SERVICES SERVICES MATERIALS TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CANADA DAY ENTERTAINMENT CANADA DAY ENTERTAINMENT PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEUMILEAGE REIMBURSEMENT - HILTON HOTEL / TRAVEUMILEAGE CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REGISTRATION -AMO CONFERENCE REFUND - DUPLICAT PYMT C012804 SERVICES SERVICES MATERIALS REFUND -TAX LEADERSHIP TRAINING TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS LEASES AND RENTS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND - DAMAGE DEPOSIT MATERIALS Page 1 of 9 Amount 67.04 303.56 285.32 241.20 1,130.00 1,401.20 805.00 91, 301.38 391.97 173.18 481.95 73.45 132.20 25.00 1,101.75 305.10 96.05 1,262.65 211.29 2,038.68 9,096.63 4,416.88 102.00 110,686.20 835,627.85 406.80 7,719.24 483.64 1,909.70 54.24 143.51 1,359.01 69.50 474.72 325.00 100.00 1,725.25 1,876.00 158.50 296.06 51.00 6,481.77 13, 584.52 235.83 252.28 1,378.55 955.27 74.69 476.05 661.05 20.00 154.24 118.65 259.90 75.98 40.00 130.85 174.00 12.92 115.29 17.96 681.18 12,569.82 14.63 191.86 98.25 4,540.22 240.82 8,491.52 66.52 56.50 750.00 1,141.12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BERESKIN & PARR BERNAT,CLARK BERNAT,CLARK BIANCO,DOMENIC BICKLE MAIN INDUSTRIAL SUPPLY INC BISHOP,RIAN BLAIS,YVONNE BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BONDFIELD CONSTRUCTION COMPANY LIMITED BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK & PARTNERS BURGOYNE,JIM BURKE GROUP - THE BURSHTEIN,TIM C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,DAVID CANADIAN AMERICAN LAW ENFORCEMENT CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PRINTING RESOURCES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN URBAN TRANSIT ASSOC CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANTEC SECURITY SERVICES INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CATARACT COLLISION CENTRE CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONSTRUCTION CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL COMMUNICATIONS CENTRE COURT CAFE CENTRE COURT CAFE CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERTIFIED LABORATORIES CHANGING SEASONS LANDSCAPE & MAINTENANCE CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CIAMPA,MAURO CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CITY OF THOROLD PIPE BAND CIO MR. ALAN SPENCER CLARK,WILLIAM Cheque No. Cheque Date 346118 18- May -2011 346281 25- May -2011 346621 08- Jun -2011 346622 08- Jun -2011 346480 01- Jun -2011 346282 25- May -2011 346119 18- May -2011 346120 18- May -2011 346284 25- May -2011 346481 01- Jun -2011 346623 08- Jun -2011 346624 08- Jun -2011 346482 01- Jun -2011 346285 25- May -2011 346483 01- Jun -2011 346121 18 -May -2011 346286 25- May -2011 346484 01- Jun -2011 346486 01- Jun -2011 346122 18- May -2011 346123 18- May -2011 346625 08- Jun -2011 346310 25- May -2011 346288 25- May -2011 346487 01- Jun -2011 346626 08- Jun -2011 346488 01- Jun -2011 US DRAFT 16- May -2011 346124 18- May -2011 346489 01- Jun -2011 346126 18- May -2011 346289 25- May -2011 346490 01- Jun -2011 346627 08- Jun -2011 346290 25- May -2011 346628 08- Jun -2011 346125 18- May -2011 346127 18- May -2011 346128 18- May -2011 346630 08- Jun -2011 346631 08- Jun -2011 346291 25- May -2011 346629 08- Jun -2011 346292 25- May -2011 346129 18- May -2011 346293 25- May -2011 346491 01- Jun -2011 346632 08- Jun -2011 346131 18- May -2011 346493 01- Jun -2011 346633 08- Jun -2011 346294 25- May -2011 346132 18- May -2011 346295 25- May -2011 346634 08- Jun -2011 346133 18- May -2011 346296 25- May -2011 346494 01- Jun -2011 346297 25- May -2011 346495 01- Jun -2011 346635 08- Jun -2011 346134 18- May -2011 346298 25- May -2011 346299 25- May -2011 346496 01- Jun -2011 346636 08- Jun -2011 346135 18- May -2011 346136 18- May -2011 346497 01- Jun -2011 346637 08- Jun -2011 346137 18- May -2011 346638 08- Jun -2011 346300 25- May -2011 346301 25- May -2011 Purpose CONSULTING SERVICES PETTY CASH -SET UP TRAVEL/MILEAGE REFUND MATERIALS CANADA DAY ENTERTAINMENT TUITION REIMBURSEMENT SERVICES SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES GRANT MATERIALS MATERIALS SERVICES MATERIALS SERVICES - PEOPLE MOVER PROJEC REFUND SERVICES REFUND CONTRACT SERVICES SERVICES MATERIALS MATERIALS REFUND CONFERENCE SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS LICENSE AGREEMENT SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS MATERIALS -VTS FACILITY PLANNIN MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS LEADERSHIP TRAINING SERVICES MATERIALS SERVICES LEASES AND RENTS LEASES AND RENTS CANADA DAY PARADE - BAND CONSULTING SERVICES Page 2 of 9 Amount 2,368.08 400.00 56.50 150.00 898.35 200.00 282.50 5,244 61 2,745.14 2,966.25 1,406,012 03 6,274,095 82 5,572.80 16,066.67 711.45 311.32 1,815.90 278.88 339.28 150.00 237.30 101.69 3,915.33 915.30 2,012.26 212.44 140.93 250.00 277.08 429.40 2,096.88 1,792.45 247.61 46.26 3,684.75 6,863.44 1,079.55 1,841.96 1,117.12 17, 046.05 975.00 32.58 61.41 826.26 6,056.05 485.22 226.12 560.20 508.50 672.92 1,659.41 865.02 172,283.08 5,250.00 423.75 589.86 199.73 33.90 3,457.80 30.67 1,700.77 242.89 7,691.42 1,082.85 5,632.06 851.02 50.00 4,074.64 847.50 932.76 9,946.40 2,232.32 700.00 563.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CLASSIC FIRE PROTECTION INC CLAYDON,JEFF C -MAX FIRE SOLUTIONS C -MAX FIRE SOLUTIONS COFFEY GEOTECHNICS INC COLLABORATIVE STRUCTURES LIMITED COLLEE,MICHAEL COMMERCIAL DIGITAL PRINT INC COMMERCIUM TECHNOLOGY INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSO'S FRESH FOODS COMMUNITIES IN BLOOM- ONTARIO ATTN: LEE ROZON COMPOSTELLA,JOHN ROSS COMPRESSION TECHNOLOGY CORPORATION CONTAINER DEPOT EXPRESS CORLIS,WAYNE COSTABILE,JOHN & DIANA COTTON INC COTTON INC COTTON INC COTTON INC COUNTRY BASKET -THE CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CREATIVE SIGNWORKS OF NIAGARA INC CROUSE,TIM CUMMINS EASTERN CANADA LP CUNNINGHAM,STACEY CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC DABRAMO,JOE DADASOVIC,BRANKO DARCH FIRE DARCH FIRE DAVE BAILEY CUSTOM UPHOLSTERY DAVIDSON ENVIRONMENTAL DAVIDSON,ANGELA DAY TIMERS OF CANADA LTD DELL CANADA INC DIAMOND MASONRY & CONTRACTING DIODATI,JIM DIODATI,JIM DRUXY'S DUERKSEN,ANGELA DUNN AND DRUMMOND INCORPORATED DUNN,JOHN DYCHTIAR,PETER E.R.A. ARCHITECTS INC E3 LABORATORIES ECCO ELECTRIC LIMITED EDUCATIONAL NEWS NIAGARA ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMERGENCY ENGINEERED SOLUTIONS EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC ETHERINGTON,DAVE EVANOFF,VICTOR EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD Cheque No. Cheque Date 346302 25- May -2011 346639 08- Jun -2011 346303 25- May -2011 346640 08- Jun -2011 346304 25- May -2011 346305 25- May -2011 346498 01- Jun -2011 346499 01- Jun -2011 346501 01- Jun -2011 346138 18- May -2011 346306 25- May -2011 346641 08- Jun -2011 346139 18- May -2011 346140 18- May -2011 346500 01- Jun -2011 346141 18- May -2011 346502 01- Jun -2011 346307 25- May -2011 346503 01- Jun -2011 346142 18- May -2011 346308 25- May -2011 346504 01- Jun -2011 346642 08- Jun -2011 346143 18- May -2011 346144 18- May -2011 346309 25- May -2011 346643 08- Jun -2011 346505 01- Jun -2011 346145 18- May -2011 346146 18- May -2011 346644 08- Jun -2011 346311 25- May -2011 346645 08- Jun -2011 346147 18- May -2011 346148 18- May -2011 346255 19- May -2011 346149 18- May -2011 346506 01- Jun -2011 346646 08- Jun -2011 346312 25- May -2011 346150 18- May -2011 346647 08- Jun -2011 346648 08- Jun -2011 346507 01- Jun -2011 346313 25- May -2011 346459 31- May -2011 346649 08- Jun -2011 346508 01- Jun -2011 346314 25- May -2011 346315 25- May -2011 346316 25- May -2011 346514 01- Jun -2011 346317 25- May -2011 346151 18- May -2011 346509 01- Jun -2011 346318 25- May -2011 346319 25- May -2011 346510 01- Jun -2011 346650 08- Jun -2011 US DRAFT 24- May -2011 346511 01- Jun -2011 346152 18- May -2011 346320 25- May -2011 346512 01- Jun -2011 346651 08- Jun -2011 346321 25- May -2011 346153 18- May -2011 346322 25- May -2011 346513 01- Jun -2011 346652 08- Jun -2011 346653 08- Jun -2011 346323 25- May -2011 346654 08- Jun -2011 346515 01- Jun -2011 Purpose SERVICES TRAVEUMILEAGE MATERIALS MATERIALS SERVICES CONTRACT SERVICES REFUND MATERIALS LICENCES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REGISTRATION FOR COMMUNITIES REFUND - DAMAGE DEPOSIT MATERIALS MATERIALS GREEN ART SHOW PRIZE REFUND CONTRACT SERVICES SERVICES LEASES AND RENTS MATERIALS MATERIALS SERVICES SERVICES SERVICES MATERIALS - SIGNAGE FOR BICENTE LEADERSHIP TRAINING REGISTRATION FEE REFUND -TAX OVERPAYMENT PAYROLL REMITTANCE PAYROLL REMITTANCE REPLENISH ACCOUNT LEADERSHIP TRAINING REIMBURSEMENT FOR SUPPLIES - MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS COMPUTER REFUND -OF SERVICE DEPOSIT TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS TRAVEUMILEAGE LEGAL FEES & DISBURSEMENTS TRAVEUMILEAGE CANADA DAY ENTERTAINMENT SERVICES SERVICES MATERIALS ADVERTISING CONTRACT SERVICES MATERIALS MATERIALS MATERIALS TRAINING REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS Page 3 of 9 Amount 432.51 125.50 396.53 431.21 101.70 612,385.93 150.00 175.15 2,190.00 2,362.36 45,672.47 2,660.56 51.97 175.00 750.00 2,549.97 3,164.00 50.00 750.00 94, 990.17 1,211.54 458.39 451.33 30.42 3,601.00 2,651.00 3,531.00 4,590.06 50.00 524.46 149.00 8,453.15 8,566.79 500.00 50.00 196.07 214.70 316.97 56.50 176.28 267.00 137.73 13,450.39 750.00 1,155.00 340.00 186.45 327.00 671.00 45.00 150.00 6,780.00 1,856.75 2,982.72 123.17 7,429.75 2,005.19 2,156.72 1,651.70 11,762.19 40,477.15 1,716.55 473.68 12,638.38 1,446.18 2,613.13 7,672.70 8,678.40 12, 812.44 9,333.80 113.00 108.00 54.00 39.55 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS ELECTRIC INC FALLS ELECTRIC INC FALVO CONSTRUCTION FALVO CONSTRUCTION FANSOLATO,WAYNE FARMERS MARKETS ONTARIO FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FIRE MONITORING OF CANADA INC FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FOREST CITY MODELS & PATTERNS LTD FORLIN,KATHY FORLIN,KATHY FRANK COWAN COMPANY LIMITED FREDERICK,RICK G C DUKE EQUIPMENT LTD GABRIELES CUSTOM CATERING GALES GAS BARS GALT MACHINE KNIFE & SAW GAMMA - DYNACARE MEDICAL LABORATORIES GAULD NURSERIES LTD GENIVAR CONSULTANTS LIMITED PARTNERSHIP GENIVAR CONSULTANTS LIMITED PARTNERSHIP GENIVAR CONSULTANTS LIMITED PARTNERSHIP GENIVAR CONSULTANTS LIMITED PARTNERSHIP GERMAN,DEREK GEYER,BRIAN & JOANNE GIGLIOTTI,ALEXIS GNGH FOUNDATION GOFORTH,HANYA GOODLIFE FITNESS CLUBS GOODMAN,MARK GOODY,ROBERT GRAND & TOY GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT LAKES & ST LAWRENCE CITIES INITIATIVE GRIMSBY PIPE BAND GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY H D UTILITIES SUPPLY H D UTILITIES SUPPLY NALCO MOBILE MFG SALES & SERVICE INC HANG UPS HEAT DESIGN EQUIPMENT LTD HEAT DESIGN EQUIPMENT LTD HERITAGE SAFETY PRODUCTS LTD HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HOBSON,ALANA HOGARTH,GARY HOTO,ANDREW HUGHES, ALVA ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC Cheque No. Cheque Date 346655 08- Jun -2011 346516 01- Jun -2011 346656 08- Jun -2011 346154 18- May -2011 346324 25- May -2011 346517 01- Jun -2011 346657 08- Jun -2011 346518 01- Jun -2011 346325 25- May -2011 346155 18- May -2011 346326 25- May -2011 346519 01- Jun -2011 346658 08- Jun -2011 346327 25- May -2011 346156 18- May -2011 346328 25- May -2011 346520 01- Jun -2011 346659 08- Jun -2011 346521 01- Jun -2011 346157 18- May -2011 346660 08- Jun -2011 346329 25- May -2011 346330 25- May -2011 346160 18- May -2011 346158 18- May -2011 346159 18- May -2011 346661 08- Jun -2011 346331 25- May -2011 346522 01- Jun -2011 346161 18- May -2011 346162 18- May -2011 346523 01- Jun -2011 346662 08- Jun -2011 346163 18- May -2011 346164 18- May -2011 346165 18- May -2011 346333 25- May -2011 346663 08- Jun -2011 346664 08- Jun -2011 346524 01- Jun -2011 346665 08- Jun -2011 346525 01- Jun -2011 346166 18- May -2011 346332 25- May -2011 346526 01- Jun -2011 346666 08- Jun -2011 346334 25- May -2011 346335 25- May -2011 346527 01- Jun -2011 346528 01- Jun -2011 346667 08- Jun -2011 346336 25- May -2011 346529 01- Jun -2011 346337 25- May -2011 346530 01- Jun -2011 346668 08- Jun -2011 346168 18- May -2011 346338 25- May -2011 346531 01- Jun -2011 346167 18- May -2011 346669 08- Jun -2011 346169 18- May -2011 346532 01- Jun -2011 346533 01- Jun -2011 346170 18- May -2011 346670 08- Jun -2011 346339 25- May -2011 346340 25- May -2011 346341 25- May -2011 346671 08- Jun -2011 US DRAFT 02- Jun -2011 346534 01- Jun -2011 346672 08- Jun -2011 346673 08- Jun -2011 Purpose MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MEMBERSHIP -2011 MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE REMITTANCE TRAVEUMILEAGE MATERIALS MATERIALS -LUNCH PPA COURSE M FUEL SERVICES SERVICES MATERIALS CONSULTING SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES LEADERSHIP TRAINING REFUND -TAX PROVINCIAL GYMNASTICS COMPET GRANT TRAVEUMILEAGE MEMBERSHIP REFUND -TAX OVERPAYMENT TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MEMBERSHIP RENEWAL CANADA DAY PARADE - BAND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE APPPEALS TRIBUNAL GRANT GREEN ART SHOW PRIZE ENTERTAINMENT -CLOWN CANADA' TRAVEUMILEAGE CEMETERY PLOT BUY BACK MATERIALS MATERIALS MATERIALS Page 4 of 9 Amount 1,160.51 502.85 261.03 6,824.30 2,146.88 1,788.91 1,603.26 116.78 141.25 381.14 257.38 551.12 605.48 1,437.36 293.35 2,575.93 3,510.59 920.21 25,425.00 63.00 97.00 74,034 48 147.50 4,514.35 249.31 57.52 162.72 114.00 2,034.00 1,313.06 1,395.52 448.10 5,763.00 50.00 318.61 85.00 4,057.50 57.50 339.01 558.21 31.00 1,771.32 44.82 867.81 1,175.58 5,000.00 650.00 2,566.47 26, 821.79 1,770.33 6,958.80 2,830.10 3,555.05 1,437.36 929.00 388,404.45 416.16 415.95 74.58 621.50 2,265.21 867.28 283.86 328.83 516.41 205.05 12, 831.63 25.00 50.00 131.50 535.00 4,125.66 4,346.97 185.98 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name INDEPENDENT AUTO TRIM & GLASS INGENIOUS SOFTWARE o/a 530640 ONTARIO LIMITED INNOVATIVE SURFACE SOLUTIONS CANADA INSITUFORM TECHNOLOGIES LIMITED INTERFLEET INC INTERFLEET INC IOANNONI,CAROLYNN IORFIDA,DEAN (TECH JACKSON,DAVE JAMES ROCCA IN TRUST JARRETT,DAVE JESSOP,JIM JESSOP,JIM JUSTIN RICHARD KAUPP ELECTRIC LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENNETH B HARRIS IN TRUST, KLENZOID KLENZOID KONE INC KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KRONSTEIN,MARK KUIPERS,JANET KWIK MIX MATERIALS LIMITED L CAMPBELL & ASSOCIATES L WALTER & SONS EXCAVATING (2008) LTD. LAERDAL MEDICAL CANADA LTD LAKE'S MAINTENANCE LE GROUPE SPORTS -INTER PLUS LINCOLN & WELLAND REGIMENT BAND LINCOLN APPLIANCE SERVICE CENTRE INC LINCOLN APPLIANCE SERVICE CENTRE INC LINDE CANADA LIMITED LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIVE ON REQUEST TECHNOLOGY SERVICES INC LOMBARDI,JOHN ANTHONY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MACGREGOR,BOB MACKESY SMYE LAWYERS IN TRUST MAD SCIENCE OF NIAGARA MAIURI,TODD MANCHESTER SUPPLY MANN,DOUG MANOR CLEANERS MAPMOBILITY CORP MAPMOBILITY CORP MARR,TYLER MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,JIM MAZI,KATIE MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCNAMARA,SUSAN MCNAMARA,SUSAN MERLINO,RICH METE ANTHONY HAIRIZONA HAIR SALON METRO PLUMBING & HEATING METRO PLUMBING & HEATING MHPM PROJECT MANAGERS INC MHPM PROJECT MANAGERS INC MICIELI,TONY MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC Cheque No. Cheque Date 346674 08- Jun -2011 346535 01- Jun -2011 346536 01- Jun -2011 346343 25- May -2011 346171 18- May -2011 346344 25- May -2011 346460 31- May -2011 346256 19- May -2011 346345 25- May -2011 346675 08- Jun -2011 346602 07- Jun -2011 346676 08- Jun -2011 346257 19- May -2011 346677 08- Jun -2011 346355 25- May -2011 346678 08- Jun -2011 346172 18- May -2011 346537 01- Jun -2011 346679 08- Jun -2011 346346 25- May -2011 346538 01- Jun -2011 346681 08- Jun -2011 346347 25- May -2011 346682 08- Jun -2011 346348 25- May -2011 346683 08- Jun -2011 346684 08- Jun -2011 346349 25- May -2011 346351 25- May -2011 346177 18- May -2011 346173 18- May -2011 346350 25- May -2011 346352 25- May -2011 346354 25- May -2011 346175 18- May -2011 346686 08- Jun -2011 346540 01- Jun -2011 346541 01- Jun -2011 346687 08- Jun -2011 346688 08- Jun -2011 346176 18- May -2011 346184 18- May -2011 346370 25- May -2011 346178 18- May -2011 346542 01- Jun -2011 346543 01- Jun -2011 346357 25- May -2011 346689 08- Jun -2011 346358 25- May -2011 346179 18- May -2011 346180 18- May -2011 346359 25- May -2011 346690 08- Jun -2011 346691 08- Jun -2011 346692 08- Jun -2011 346544 01- Jun -2011 346360 25- May -2011 346693 08- Jun -2011 346362 25- May -2011 346694 08- Jun -2011 346363 25- May -2011 346181 18- May -2011 346182 18- May -2011 346364 25- May -2011 346183 18- May -2011 346365 25- May -2011 346366 25- May -2011 346368 25- May -2011 346369 25- May -2011 346367 25- May -2011 346695 08- Jun -2011 346185 18- May -2011 346371 25- May -2011 346696 08- Jun -2011 Purpose MATERIALS 2NDARY LICENCES FOR FIREPRO MATERIALS CONTRACT SERVICES SERVICES SERVICES TRAVEUMILEAGE TRAVEUMILEAGE SERVICES TRAVEUMILEAGE ADMINISTRATIVE REFUND TRAVEL/MILEAGE TUITION REIMBURSEMENT SERVICES MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS LEASES AND RENTS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS CONSULTING SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS FUEL FUEL MATERIALS REFUND MATERIALS MATERIALS GRANT CONTRACT SERVICES SERVICES TRAVEUMILEAGE MATERIALS REFUND SERVICES SERVICES MATERIALS TRAVEUMILEAGE CONSULTING SERVICES REFUND ADMINISTRATIVE TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES SERVICES SERVICES Page 5 of 9 Amount 621.50 2,895.63 4,492.01 27,006.65 1,335.65 3,032 -90 796.07 145.50 3,231.12 128.50 36, 000.00 150.00 157.70 1,061.61 500.00 158.20 3,654.42 8,079.05 5,656.91 1,050.50 294.47 644.10 556.06 5.584.46 96.00 72.00 183.00 1,579.47 562.18 1,317.58 1.054.30 406.24 1,308.43 900.00 187.58 212.44 344.60 40,298.74 8,758.10 226.00 4,691.63 3,476.47 822.06 50.00 13, 554.38 570.65 45.00 1,706.30 150.00 1.70 508.50 1,130.00 18.00 2,408.31 100.00 25.00 102.00 60.00 96.00 54.00 27.69 70.00 3,898.50 2,006.03 11,661.60 3,146.38 135.59 3,677.90 58, 982.77 2,564.01 2,572.43 382.81 3,646.14 2,070.73 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MOLDENHAUER,KATHY MORIYAMA & TESHIMA ARCHITECTS MOROCCO,JOYCE MORTON,DALE MTE PARALEGAL PROFESSIONAL CORPORATION MULLER'S WORKWEAR MULLER'S WORKWEAR MUNICIPAL RETIREES ORGANIZATION ONTARIO MUSSARI,TOM N Y STYLE DELI N.S.M FABRICATING LIMITED NAN,ROB NAUTH,ALISHA NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA CHRYSLER DODGE JEEP NIAGARA CLASSIC TRANSPORT NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT ART ASSOCIATION NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS SOCCER CLUB INC NIAGARA FALLS SOCCER CLUB INC NIAGARA FALLS TOURISM NIAGARA MEMORIAL MILITARIES ALUMNI DRUM CORP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA ROADS SUPERVISORS ASSOCIATION NIAGARA SAW SALES AND SERVICE NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA VIDEO PRODUCTIONS NIAGARA WATER CONDITIONING LTD NIAGARA.COM NICHOLSON,LAUNA NISUS CONSTRUCTION LTD O. W.O.T.0 OCE- CANADA INC O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OMERS OMERS ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD Cheque No. Cheque Date 346697 08- Jun -2011 346372 25- May -2011 346461 31- May -2011 346373 25- May -2011 346374 25- May -2011 346375 25- May -2011 346698 08- Jun -2011 346186 18- May -2011 346376 25- May -2011 346711 08- Jun -2011 346710 08- Jun -2011 346187 18- May -2011 346377 25- May -2011 346699 08- Jun -2011 346188 18- May -2011 346378 25- May -2011 346545 01- Jun -2011 346700 08- Jun -2011 346379 25- May -2011 346546 01- Jun -2011 346380 25- May -2011 346189 18- May -2011 346190 18- May -2011 346192 18- May -2011 346701 08- Jun -2011 346382 25- May -2011 346193 18- May -2011 346381 25- May -2011 346384 25- May -2011 346385 25- May -2011 346702 08- Jun -2011 346259 20- May -2011 346260 20- May -2011 346386 25- May -2011 346387 25- May -2011 346388 25- May -2011 346389 25- May -2011 346601 02- Jun -2011 346195 18- May -2011 346196 18- May -2011 346390 25- May -2011 346391 25- May -2011 346547 01- Jun -2011 346548 01- Jun -2011 346703 08- Jun -2011 346704 08- Jun -2011 346705 08- Jun -2011 346549 01- Jun -2011 346392 25- May -2011 346197 18- May -2011 346393 25- May -2011 346550 01- Jun -2011 346706 08- Jun -2011 346551 01- Jun -2011 346552 01- Jun -2011 346198 18- May -2011 346553 01- Jun -2011 346707 08- Jun -2011 346394 25- May -2011 346554 01- Jun -2011 346708 08- Jun -2011 346395 25- May -2011 346191 18- May -2011 346199 18- May -2011 346709 08- Jun -2011 346716 08- Jun -2011 346713 08- Jun -2011 346200 18- May -2011 346396 25- May -2011 346714 08- Jun -2011 346715 08- Jun -2011 346201 18- May -2011 346398 25- May -2011 346555 01- Jun -2011 Purpose TRAVEUMILEAGE CONTRACT SERVICES TRAVEUMILEAGE ADMINISTRATIVE CONSULTING SERVICES MATERIALS MATERIALS REMITTANCE PETTY CASH ADMINISTRATIVE MATERIALS GRANT SERVICES CONTRACT SERVICES MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS GRANT MAINTENANCE /REPAIRS SERVICES ADVERTISING GRANT GRANT REMITTANCE GRANT REMITTANCE REMITTANCE PAYROLL REMITTANCE GRANT GRANT GRANT SERVICES MATERIALS UTILITIES ADMINISTRATIVE CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES ADMINISTRATIVE UTILITIES MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES REMITTANCE MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS ADVERTISING ADVERTISING MATERIALS SERVICES SERVICES GRANT CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES Page 6 of 9 Amount 117.00 30, 072.10 1,039.00 207.79 170.07 56.50 223.74 75.00 119.19 256.79 90.40 50.00 150.00 16,430.24 6,787.30 18.08 366.62 5,872.89 57.64 308.43 33,202.33 1,077.75 734.50 2,214.80 4,421.00 2,250.00 340.00 37,711.83 7,284.96 7,054.35 7,027.43 135.00 170.00 30,000.00 1,000.00 301.00 87.31 2,720.00 13,516.30 12,459.84 23,166.40 148,851.67 20, 314.61 13,520.85 1,044.09 6,907.71 1,934.41 381.44 3,904.44 50.00 50.00 50.00 183.06 100.00 440.20 4,048.85 2,151.18 2,383.08 282.50 1,015.25 1,265.60 1,280.40 13.56 50.00 720.38 3,833.24 417.38 28,617.10 17,457.14 488, 230.48 25,385.14 1,934.90 1,497.25 2,651 72 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ONTARIO MUSEUM ASSOCIATION PAGENET OF CANADA INC PANDAY,NICOLE PANETTA,MICHAEL& PANETTA, LILIANA PARKSMART INC PARLATORE,PHIL PEC ROOF MAINTENANCE PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PERRI -MED PEZZULLO JARRED GRAHAM PIETRANGELO,JON PK HUMMINGBIRD STEEL BAND PORTAGE BAKERY INC. PORTER,GAIL PRACTICA LTD PRAXAIR PRAXAIR PRAXAIR PRECISION CURB CUTTING LTD PROJECT SHARE PROVINCIAL MAINTENANCE PROVINCIAL MAINTENANCE PURE WATER PURE WATER PURE WATER R NICHOLLS DISTRIBUTORS INC R . MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RANKIN CONSTRUCTION INC RBC RBC RBC RBC LIFE INSURANCE COMPANY RBC ROYAL BANK REALTAX INC RECEIVER GENERAL RECEIVER GENERAL REGIONAL DOORS & HARDWARE REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL WATERPROOFING & EXCAVATING ROGERS WIRELESS INC ROGERS WIRELESS INC RUBAKLHA,ANDRIY RYMARCHUK,KRISTEN SACCO,DOLORES SACCO,DOLORES SADDLER,GEORGE SAFETY KLEEN CANADA INC SANI GEAR FIRE SAWYER,LIDIA SCHRAPP,VICTORIA SCOTIABANK BILL PAYMENT SERVICES SCOTIABANK CONVENTION CENTRE SCOTT,CAM SENECA COLLEGE SERIANNI CONSTRUCTION LTD SERVICEMASTER CLEAN OF NIAGARA SHAHMA,ABU SHERWIN WILLIAMS SHRED IT KITCHENER SHRED IT KITCHENER SIGNATURE SIGNS Cheque No. Cheque Date 346202 18- May -2011 346204 18- May -2011 346557 01- Jun -2011 346556 01- Jun -2011 346205 18- May -2011 346206 18- May -2011 346399 25- May -2011 346400 25- May -2011 346559 01- Jun -2011 346717 08- Jun -2011 346207 18- May -2011 346558 01- Jun -2011 346718 08- Jun -2011 346208 18- May -2011 346209 18- May -2011 346560 01- Jun -2011 346561 01- Jun -2011 346401 25- May -2011 346721 08- Jun -2011 346210 18- May -2011 346562 01- Jun -2011 346211 18- May -2011 346402 25- May -2011 346563 01- Jun -2011 346564 01- Jun -2011 346403 25- May -2011 346404 25- May -2011 346722 08- Jun -2011 346212 18- May -2011 346565 01- Jun -2011 346723 08- Jun -2011 346568 01- Jun -2011 346409 25- May -2011 346213 18- May -2011 346566 01- Jun -2011 346724 08- Jun -2011 346405 25- May -2011 346725 08- Jun -2011 346406 25- May -2011 WIRE 31- May -2011 WIRE 01- June -2011 346726 08- Jun -2011 346258 19- May -2011 346727 08- Jun -2011 346407 25- May -2011 346728 08- Jun -2011 346408 25- May -2011 346100 12- May -2011 346567 01- Jun -2011 346729 08- Jun -2011 WIRE 16- May -2011 346214 18- May -2011 346410 25- May -2011 346569 01- Jun -2011 346570 01- Jun -2011 346215 18- May -2011 346571 01- Jun -2011 346730 08- Jun -2011 346216 18- May -2011 346411 25- May -2011 346412 25- May -2011 346572 01- Jun -2011 346217 18- May -2011 346413 25- May -2011 346573 01- Jun -2011 346218 18- May -2011 346219 18- May -2011 346574 01- Jun -2011 346414 25- May -2011 346220 18- May -2011 346731 08- Jun -2011 346415 25- May -2011 346575 01- Jun -2011 346416 25- May -2011 Purpose MEMBERSHIP SERVICES ADMINISTRATIVE REFUND MAINTENANCE/REPAIRS GRANT MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS REFUND TRAVEL/MILEAGE SERVICES SERVICES TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES GRANT CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND EMPLOYEE RECOGNITION AWARD EMPLOYEE RECOGNITION AWARDS REMITTANCE ADMINISTRATIVE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS REMITTANCE MATERIALS CONTRACT SERVICES 2nd QUARTER TAX LEVY CONTRACT SERVICES SERVICES SERVICES ADMINISTRATIVE GRANT PETTY CASH TRAVEL/MILEAGE GRANT MATERIALS MATERIALS REFUND GRANT REFUND LEASES AND RENTS GRANT CONSULTING SERVICES CONTRACT SERVICES SERVICES REFUND MATERIALS SERVICES SERVICES MATERIALS Page 7 of 9 Amount 344.65 16.89 25.00 750.00 11, 038.97 50.00 597.74 135.60 64.20 222.61 405.00 10.00 288.15 168.20 139.56 20.00 101.30 800.00 130.00 124.00 3,512.38 266.45 952.53 259.73 462.24 24,866.67 46,638.72 91,856.66 25.00 23.00 25.00 53.05 675.40 303.57 285.30 64.41 73.43 169,850.75 1,126.00 7,050.00 172.50 1,471.92 7,055.30 1,265.60 494, 761.16 496,424.54 587.60 1,100.00 8,576.03 7,008.41 15,196, 977.00 3,900.00 1,554.55 1,003.40 25.00 85.00 518.42 33.00 50.00 1,110.36 43.37 750.00 85.00 201.39 653.71 50.00 6,328.00 17,581.98 1,808.00 19, 350.15 54.96 88.30 312.62 1,831.20 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SIMPLEX GRINNELL SIMPLISTIC LINES INC SIX CARD SOLUTIONS USA CORP B9257 SMUDGE FUNDAES SOLERA CORP SPEARE SEEDS ST AMOUR,SUSAN ST JOHN AMBULANCE STAMFORD HOME HARDWARE STAR COLLISION SERVICE STAR COLLISION SERVICE STITCH IT CANADA'S TAILOR STORAGE NIAGARA STORAGE NIAGARA STREAMLINE SULLIVAN MAHONEY SULLIVAN MAHONEY LLP IN TRUST SULLIVAN,KAITLIN DONOVAN SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREME OFFICE PRODUCTS SUTHERLAND,ERIC SUTPHEN CORPORATION SWEENEY,SHANNON TALARIS CANADA INC TALARIS CANADA INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TARTEN EQUIPMENT LIMITED TAYLORS WATER SERVICE TEAM SPIRIT SERVICES TECHNICAL STANDARDS & SAFETY AUTHORITY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TESSMER,LOTHAR THE ONTARIO URBAN FOREST COUNCIL THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW TIDD,DEREK TODD,KEN TOMIC,MARJORIE TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TOROMONT TORONTO STAMP INC TRANSAXLE PARTS (HAMILTON) INC. TREES UNLIMITED FORESTRY CONSULTANT TRENCHLESS UTILITY EQUIPMENT INC TRENCHLESS UTILITY EQUIPMENT INC TRENDLE,BEN TURF CARE PRODUCTS CANADA LIMITED TYCHYNSKI,LINDSAY UCC INDUSTRIES INTERNATIONAL INC UNITED RENTALS UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED WAY UPS CANADA UPS FREIGHT URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD Cheque No. Cheque Date 346221 18- May -2011 346222 18- May -2011 346417 25- May -2011 346418 25- May -2011 346224 18- May -2011 346226 18- May -2011 346421 25- May -2011 346423 25- May -2011 346227 18- May -2011 346420 25- May -2011 346732 08- Jun -2011 346422 25- May -2011 346424 25- May -2011 346576 01- Jun -2011 346228 18- May -2011 346425 25- May -2011 346733 08- Jun -2011 346229 18- May -2011 346427 25- May -2011 WIRE 01- June -2011 346230 18- May -2011 346426 25- May -2011 346577 01- Jun -2011 346719 08- Jun -2011 346734 08- Jun -2011 346736 08- Jun -2011 346231 18- May -2011 346232 18- May -2011 346233 18- May -2011 US DRAFT 06- May -2011 346578 01- Jun -2011 346234 18- May -2011 346737 08- Jun -2011 346235 18- May -2011 346579 01- Jun -2011 346429 25- May -2011 346430 25- May -2011 346738 08- Jun -2011 346739 08- Jun -2011 346236 18- May -2011 346431 25- May -2011 346580 01- Jun -2011 346740 08- Jun -2011 346237 18- May -2011 346432 25- May -2011 346741 08- Jun -2011 346203 18- May -2011 346581 01- Jun -2011 346742 08- Jun -2011 346238 18- May -2011 346743 08- Jun -2011 346239 18- May -2011 346582 01- Jun -2011 346434 25- May -2011 346435 25- May -2011 346583 01- Jun -2011 346744 08- Jun -2011 346436 25- May -2011 346585 01- Jun -2011 346240 18- May -2011 346241 18- May -2011 346586 01- Jun -2011 346437 25- May -2011 346438 25- May -2011 346439 25- May -2011 346745 08- Jun -2011 346746 08- Jun -2011 346242 18- May -2011 346441 25- May -2011 346440 25- May -2011 346587 01- Jun -2011 346747 08- Jun -2011 346588 01- Jun -2011 346444 25- May -2011 Purpose MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS MATERIALS SERVICES GRANT MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES MAINTENANCE /REPAIRS CONSULTING SERVICES ADMINISTRATIVE GRANT REMITTANCE JUNE PREMIUMS FUEL FUEL FUEL FUEL FUEL MATERIALS FUEL MATERIALS GRANT PARTS ADMINISTRATIVE MATERIALS MATERIALS SERVICES ADVERTISING MATERIALS SERVICES MATERIALS SUBSCRIPTION SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND MEMBERSHIP MATERIALS MATERIALS ADVERTISING ADMINISTRATIVE TRAVEUMILEAGE GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE COURIER COURIER CONSULTING SERVICES CONTRACT SERVICES Page 8 of 9 Amount 539 -01 9,427.61 119.85 621.50 8,475.00 1,765.63 100.00 2,491.67 25.36 9,370.95 433.02 80.13 288.15 274.03 175.15 1,312.28 200,000.00 85.00 1,536.06 309, 550.18 46, 532.65 36,482.34 24, 834.61 1,486.62 41,522.27 325.56 289.86 20.06 50.00 88.44 25.00 203.40 721.41 209.59 525.13 1,034.40 200.00 259.00 105.00 92.06 318.02 102.20 273.36 2,295.28 2,474.39 25.00 150.00 32.77 885.64 15,276.75 1,390.00 350.79 50.00 1,097.00 777.14 355.37 250.28 120.46 64.42 423.75 310.75 2,486.87 45.00 489.55 90.39 4,253.32 8.92 1,309.90 897.67 1,079.00 33.71 38.89 12,155.52 1,779.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name VANCOR SUPPLY VANCOR SUPPLY VECTOR TOOLING VICTIM SERVICES NIAGARA 0/0 NIAGARA REGIONAL POLICE SE VISCA,ANTHONY VORMITTAG,CHRISTINE WAJAX INDUSTRIES WAJAX INDUSTRIES WAJAX INDUSTRIES WAJAX INDUSTRIES WAJAX POWER SYSTEMS WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WARCHALA,MICHAEL WARMAN, THOMAS WARREN SOLARIUMS WASTE MANAGEMENT WEBB,DOUGLAS WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WHEELER,SUE WINGER, RICK WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WORK AUTHORITY WSIB WSIB WSIB WSIB WYLIE,BRENDA XEROX CANADA LTD YAKIWCHUK,ERNEST YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YMCA YWCA Z CARD CANADA ZAVITZ,SHERMAN ZERO GRAVITY CIRCUS PRODUCTIONS INC Cheque No. Cheque Date 346442 25- May -2011 346589 01- Jun -2011 346443 25- May -2011 346243 18- May -2011 346590 01- Jun -2011 346244 18- May -2011 346245 18- May -2011 346445 25- May -2011 346591 01- Jun -2011 346748 08- Jun -2011 346446 25- May -2011 346592 01- Jun -2011 346247 18- May -2011 346448 25- May -2011 346246 18- May -2011 346447 25- May -2011 346593 01- Jun -2011 346248 18- May -2011 US DRAFT 06- May -2011 346594 01- Jun -2011 346450 25- May -2011 346451 25- May -2011 346749 08- Jun -2011 346750 08- Jun -2011 346452 25- May -2011 346751 08- Jun -2011 346752 08- Jun -2011 346595 01- Jun -2011 346249 18- May -2011 346453 25- May -2011 346250 18- May -2011 346596 01- Jun -2011 346454 25- May -2011 346597 01- Jun -2011 346342 25- May -2011 346251 18- May -2011 346455 25- May -2011 346456 25- May -2011 346753 08- Jun -2011 346598 01- Jun -2011 346252 18- May -2011 346253 18- May -2011 346754 08- Jun -2011 346599 01- Jun -2011 346254 18- May -2011 346600 01- Jun -2011 346457 25- May -2011 346603 07- Jun -2011 346755 08- Jun -2011 346756 08- Jun -2011 Purpose MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE REFUND SERVICES REFUND MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE SERVICES GRANT GRANT MATERIALS MATERIALS GRANT CONSULTING SERVICES MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE PETTY CASH MATERIALS CONSULTING SERVICES MAINTENANCE /REPAIRS ADVERTISING MATERIALS CONTRACT SERVICES GRANT MATERIALS ADMINISTRATIVE ADMINISTRATIVE Total Page 9 of 9 Amount 209.38 146.22 197.75 50.00 100.00 50.00 1,853.22 4,252.05 6,686.47 15614 23,162.60 5,350.55 846.27 186.12 146.39 89.94 7,505.12 164.50 89.64 750.00 69.70 31.50 101.70 3,004.08 1,573.72 80.22 53.00 65.00 22, 500.00 14,214.29 3,229.54 1,194.57 1,612.50 5,500.00 99.99 7,611.82 20, 809.71 754.43 4,252.27 545.54 1,191.02 1,340.00 646.60 61.25 7,330.98 9,675.31 4.277.75 4,963.52 1,390.00 1,200.00 29,587,669.06 F- 2011 -29 NiagaraJalls June 27, 2011 REPORT TO: Mayor James Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -29 2011 Schedule of Fees for Services RECOMMENDATION That the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved. BACKGROUND The City has a significant number of user fees that are charged for the delivery of services. The fees are reviewed regularly to ensure that the amount charged are reflective of the objectives of the division and corporation. The attached list of fees require Council approval. The effective date of the new fees will be July 1, 2011, except where otherwise applicable. FINANCIAL IMPLICATIONS User fees provide approximately 5% of the annual revenues generated by the City and offer an opportunity for the City to offset operating costs without tax increases. The 2011 user fee booklet is being compiled and will be published by the Finance Division. Changes in respect to the individual user fees for 2012 will be considered as an integral part of the 2012 Budget process. As per the Municipal Act, 2001, a copy of the Schedule of Fees booklet will be available for public inspection. Recommended by: Respectfully submitted: Todd Harri o , Director Ken Todd, Chief Administrative Officer f Finance IS- 2011 -01 NiagaraaaIls June 27, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Information Systems SUBJECT: IS- 2011 -01 Fibre Optic Data Services Agreement RECOMMENDATION 1. That Council approve the Agreement with the Niagara Region Broadband Network (NRBN) for fibre optic data services for a term of ten years at an annual cost of $48,852.00. 2. That the Mayor and Clerk be authorized to execute the agreement, listed under the By -law section of the agenda. EXECUTIVE SUMMARY The City's contract, for fibre optic data services, has expired. Staff wants to finalize a new contract, preferably at a longer term to realize lower rates. Staff has asked for quotations from suppliers in this marketplace. This report is the outcome of this process. Quotes were sought by Information Systems staff. Staff has reviewed the quotations from the suppliers and is recommending that Niagara Region Broadband Network (NRBN), which was the past provider of the service be renewed. BACKGROUND The five -year agreement between the City of Niagara Falls and the Niagara Region Broadband Network (NRBN) for fibre optic data service ends this year. The contract provides data and telecommunications connectivity and internet service between City Hall and the MacBain Centre. This contract is fundamental to the City's information system. ANALYSIS Staff sought out quotations from three providers (NRBN, Bell and Telus). The lowest quote is from NRBN. NRBN is privately owned by a consortium of municipalities, including the Town of Grimsby, the Town of Niagara -on- the -Lake and the City of Port Colborne. The City of Niagara Falls' interest is held by Niagara Falls Holding Inc. Staff is required to renew the contract for these services. Staff is recommending that the contract be for 10 years to take advantage of better rates due to the increased length of the contracted term. June 27, 2011 Staff also recommends that the City add fibre optic data connectivity for the same purpose to the following mission critical sites: Fire Station 1 on Morrison Street and the Service Centre on Stanley Avenue. The Corporation has the flexibility to upgrade services during the life of the contract. Finally, staff was satisfied with the services provided during the last contract. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The annual cost of the recommended contract is $48,852.00. This is presently included in the 2011 General Purposes Budget. CITY'S STRATEGIC COMMITMENT - 2 - IS- 2011 -01 The City's renewal of the NRBN Agreement is in keeping with its Strategic Priority for Organizational Effectiveness and Efficiency by increasing the reliability of connectivity to our mission critical sites and minimizing data and telecommunications systems downtime. Recommended by: Approved by: Respectfully submitted: Steve Norris, Director of Information Systems Todd Harrison, Director of Finance Ken lodd, Chief Administrative Officer NiagaraJq;tlls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works Department MW- 2011 -15 Amendment to By -Law 2007 -161 and Schedule "A" Collection of Rates and Fees MW- 2011 -15 June 27, 2011 That Council adopt the amendments to By -Law 2007 -161, and it's Schedule "A" listed under the by -law section on the Council agenda that would; 1. modify the text on section 10 to authorize the Engineer to determine the method of metering water on a multi building lot. 2. modify the text on section 12.(1) to permit authorized contractors to install water services on municipal right of ways and amend schedule "A" to reflect tapping costs 3. modify the text on sections 19.(5), 20. and 31. and include the term "day" in the definitions for house keeping purposes 4. amend schedule "A" to this by -law to better reflect actual costs for turning on and shutting off water services 5. amend schedule "A" to this by -law to provide for the appropriate refusal rate for commercial, institutional and industrial accounts. 6. amend schedule "A" to this by -law to reflect current costs of water meters and bulk cards purchased through the City Staff have identified a number of current practices and policies which require amendments or inclusions in the by -law. To ensure consistency and application of the by -law and to ensure that fees relevant to these policies are identified and collected, these changes are recommended. The proposed amendments and revisions will allow staff the authority to operate within the framework of the approved text. June 27, 2011 BACKGROUND 1. Water Metering on Multi Building Lots Section 10 of the by -law identifies that when there is more than one building on a particular lot, each building shall be supplied by an independent water service and meter. This method of metering may be appropriate in some instances, but recent applications of this section may not ensure that water being utilized as a common element to a multi building development is captured. To ensure that common water elements such as underground sprinkler systems, common use hose bibs, etc., is captured, it is recommended that the Engineer have the discretion to determine if a master meter or individual meters is warranted for a multi building development 2. Install and Tap Mains for Water Services -2- MW- 2011 -15 Section 12.(1) of the by -law currently restricts work on the installation of water services to municipal staff only. In an effort to assist the public and contractors with coordination of installation services, the City has been willing to allow approved contractors to perform this service. To do so, contractors must first apply through the Road Occupancy Permit process. This will ensure liability and WSIB insurance requirements are met. As owners of the watermain, the City requires that the tapping of a live water main is done by a Certified Drinking Water Operator in order to maintain water quality integrity. City representatives will attend on site with the contractor to perform this portion of the installation. Section 8. of Schedule "A" will be amended to include the costs of either $100.00 (for a 3/4 or 5/8 " service) or a $400.00 flat fee for anything 2" and over. The city's current cost to perform a full water service installation of $1,650.00 will still be available if required 3. Text Change for Housekeeping Purposes Section 19.(5) of the by -law refers to the charging of refusal rates to owners who fail to adhere to notices or problems with water accounts. The last line of the section identifies that the "rate" specified in the Schedule shall be charged. It appears that the word "refusal" was inadvertently omitted from the last paragraph. Staff are recommending that the word "refusal" be inserted prior to the word rate. Section 20. of the by -law identifies that "All meters shall be purchased by and remain the property of the City ". Staff are recommending the following wording change for clarification purposes: "All meters shall be provided by the City, and remain the property of the City. Costs will be born by the property owner as per the attached schedule." Section 31. of the by -law refers to a residential tenancy as defined in the by -law. The term June 27, 2011 -3- MW- 2011 -15 "residential tenancy" is not included in the definitions, and for clarity purposes, staff are suggesting that section 31. be amended to read: "In the case of any premises other than a residential tenancy, as per section 27 of this by- law, the City, ..." Staff are recommending that the term "day" be included in the definitions, and read as follows: "Day" shall mean a working day, exclusive of weekends or holidays. 4. Costs for turning on - Turning off Water Staff are recommending that the current fees of $55.00 during normal working hours and $165.00 outside working hours be changed to $34.00 and $175.00 respectively to reflect actual costs. 5. Refusal Rates Refusal rates are currently only being charged at the residential refusal rate, even if the property owner is Industrial, Commercial or Institutional (ICI). The current refusal rate is $141.12 monthly, which may only be a fraction of the cost that ICI customers utilize. Charging the residential refusal rate provides no incentive to ensure meters are installed or accurately read. Staff are proposing that ICI's be charged 3x their normal bills. 6. Cost for Meters & Bulk Card The annual quotation for water meters was received and costs for these materials have increased marginally. The HST component of the meters however, has increased the overall cost to the City by 2.7 %. The new cost for meters will reflect actual costs. The current cost to the City to buy a purchase card for use in the bulk water distribution system is $15.00. The by -law currently only charges $10.00 to the consumer. FINANCIAL /LEGAL IMPLICATIONS There are no financial implications to the City for watermain tapping fees, as tapping services will be charged on a cost recovery basis. Legislative requirements will be maintained with certified staff performing the watermain tap. There are no financial or legal implications in the additional minor wording amendments proposed or in the actual costing out of fees for the shutting off or turning on of water services as these costs will be charged on a recovery basis. CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. June 27, 2011 ATTACHMENTS Recommended by: Respectfully submitted: S Wheeler S \ REPORTS \2011 Reports \MW - 2011 -15 - Water By -Law Amendment - Rev2. wpd -4- Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MW- 2011 -15 N REPORT TO: SUBMITTED BY: SUBJECT: y RECOMMENDATION 1. That the bid from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. L2V 1A8) for Contract 2011 - 244 -11 landscape redevelopment of the Crimson Park playground in the amount of $100,304.00 (excluding tax) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Committee of the Whole City of Niagara Falls, Ontario Municipal Works MW- 2011 -28 June 27, 2011 MW- 2011 -28 Crimson Park Playground Contract 2011 - 244 -11 Landscape Redevelopment Tender This approval is necessary to undertake the reconstruction of the Crimson Park playground. Furthermore the prompt completion of these works are necessary to allow Sinking Ship Entertainment to utilize the Crimson Park playground redevelopment for the filming of an episode of their new "Giver" television show on July 29 to 31S Work to be completed as part of this contract includes; redeveloped children's play area, park security lighting, reconstructed asphalt basketball court with accessible pathways, refurbished seating areas and site grading. Crimson Park is located on the south side of McLeod Rd, off of Drummond Road. The park was established in 1993 and is one of our older parks in the City. A Ten Year Plan is currently being updated to assist Staff in determining an order in which play spaces will be renovated. A CSA certified Parks Staff inspects play structures on a regular basis. Due to the continued deterioration of the Crimson play structure, it was deemed unsafe for children to play on and was removed in the Fall of 2010. An Open House was held on December 15, 2010, allowing the Crimson Park neighbours an opportunity to discuss the proposed new play ground and provide input on what play components they would like to see in the future playground. Neighbours were reminded that the project would be dependent on budget approval. June 27, 2011 - 2 - MW- 2011 -28 In March 2011, an interesting development occurred that allowed Staff to apply to a TVO television show that renovates playgrounds. The "Giver" show, created by Sinking Ship Entertainment focuses on gathering communities together and fostering the rejuvenation of a playground. The application was forwarded to TVO's Sinking Ship Entertainment with a letter attached from a 12 year old girl, written to Mayor James M. Diodati last FaII, asking for his help to fix the Crimson neighbourhood playground. The application was a success and Niagara Falls is now one of 13 communities in Ontario whom the Giver show producers will work with to bring the playground design and installation to fruition. TVO's Sinking Ship Entertainment is committed to contributing $10,000 towards the costs. A second Open House was held on May 11, 2011 allowing the Crimson Park neighbours an opportunity to learn more about the partnership between the City and TVO. Playground companies were invited to submit their proposals with a themed "Maid of the Mist/nautical" concept, through an RFP process. The proposals were displayed and the public then commented on the various components they would like to see in their new revitalized park. The Open House was well attended by the Crimson neighbours. Kristen McGregor, Creative Producer for the new TVO show "Giver ", was on hand to discuss the television show in more detail, including how the Crimson neighbours can be more involved in the design of their playground and be a part of the "Giver" show. On May 30, 2011 Niagara Falls City Council authorized the Mayor and City Clerk to execute an agreement permitting Sinking Ship Entertainment to undertake filming within Crimson Park on July 29 to July 31s 2011 (MW- 2011 -22.) RFP #P29 -2011 for the supply and installation of accessible playground equipment at Crimson Park was awarded to Henderson Recreation Equipment Ltd. The design of the accessible playground equipment responses to the stated desires of the neighbourhood from the May 11, 2011 Open House. In a continual effort to drive the highest amount of value from capital budgets, City Environmental Services staff are undertaking the installation of a new water service line to the park as well as the reconstruction of stormwater sewers. By leveraging City capacities for construction operations, the Crimson Park neighbourhood will receive a misting /cooling area, natural skating area and a better draining park. All three (3) items were desires expressed by the neighbourhood through the public consultation process. ANALYSIS /RATIONALE To complete the redevelopment of the Crimson Park playground, contract 2011 - 244 -11 was issued on June 7, 2011 and closed on June 21, 2011. Work under this contract includes; redeveloped children's play area, park security lighting, reconstructed asphalt basketball court with pathways, refurbished seating areas and site grading. To ensure that bidders fully understand issues surrounding this project, a mandatory pre -bid meeting was held on June 13, 2011. Only contractors who attend this meeting were allowed to place a bid. A summary of bids received is listed on Attachment #1. Staff completed a thorough review of the bids and found the bid submitted by Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. L2V 1A8) for the amount of $100,304.00 (excluding HST) was lowest bid and meets the requirements of the tender call. June 27, 2011 FINANCIAL /STAFFING /LEGAL This project is funded within the 2011 Capital Budget. The expenditures required for Crimson Park playground and landscape improvements were identified in the budget sheet included in the Capital Budget. At the present time there are no revisions to the budget expenditures or funding sources. There are no staffing implications with the redevelopment of Crimson Park. CITY'S STRATEGIC COMMITMENT - 3 - MW- 2011 -28 Implementation of this project meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS 1. Contract 2011 - 244 -11 Bid Summary. 2. Crimson Park - Redevelopment Concept Plan - (as presented at May 11, 2011 Open House). Recommended by: Respectfully submitted: D. Antonsen Geoff Holman, Dire tor of Municipal Works Ken Todd, Chief Administrative Officer FIRM TENDER PRICE CORRECTED BID Touchstone Site Contractors Inc. Phone: 905- 658 -3864 650 Allanburg Road Fax: 905 -685 -9975 Thorold, ON L2V 1A8 $100,304.00 Stevensville Lawn Service Inc. Phone: 905- 382 -3536 2821 Stevensville Road Fax:: 905 -382 -3580 Stevensville, ON LOS 1S0 $104,882.00 CRL Campbell Construction Phone: 905- 899 -3494 11575 Burnaby Road Fax: 905 -899 -3303 Wainfleet, ON LOS 1 VO Cedar Springs Landscape Group Phone: 905- 648 -7949 1326 Butler Road West Fax: 905- 648 -8886 Ancaster, ON L9G 3L1 $191,554.11 $191,554.38 Peninsula Construction Inc. Phone: 905 -892 -2661 2055 Kottmeier Rd, R.R. #1 Fax: 905 -892 -4692 Fonthill, ON LOS 1 E6 $105,918.85 Melrose Paving Phone: 416 - 255 -8383 10 Audley Street Unit C Fax: 416 -255 -6320 Etobicoke, ON M8Y 2X2 Alfidome Construction Ltd. Phone: 905- 371 -1701 1701 Thorold Townline Fax: 905 -371 -1744 Niagara Falls, ON L2E 6S5 Dardan Contracting Phone: 905- 708 -0049 586 Concession 6 Fax: 905- 708 -0047 St. Catharines, ON LOS IJO Niagararal1s DATE: June 21, 2011 CONTRACT TIME: 1:30 CITY OF NIAGARA FALLS TENDER SUMMARY CONTRACT # 2011- 244 -11 Crimson Park Redevelopment S I Capual and Current Projects .2011 Contracts' 2011- 244 -11 Crimson Park Redevelopment Plan Takers List. wpd ENGINEER'S ESTIMATE: TENDER DEPOSIT: ADDENDUMS ISSUED: $120,000.00 57000.00 2 1 • PD- 2011 -42 Niagaraflalls June 27, 2011 C1\ \D.\ 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 -42 CB &FIG - 2011 -002, Commercial Building & Facade Improvement Grant Application Mr. Ryan Rousom 5894 -5900 Main Street RECOMMENDATION 1. That Council approve the Commercial Building Grant Application for 5894 -5900 Main 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 building improvement complies with the City's grant program; and the funding will assist in improving the structural component the building within the Historic Drummondville area. BACKGROUND The subject property is located at 5894 -5900 Main Street and is within the Historic Drummondville CIP Project Area. The property is zoned as GC - General Commercial which permits retail and office type uses. The applicant is currently carrying out facade improvements to the building. The Facade Improvement Grant was approved by Council on January 25, 2010. While carrying out the facade improvements, the owner found the roof to be leaking and in need of replacement. Roof repairs and replacement are eligible items under the Commercial Building component of the financial incentives. The roof has been inspected and confirmation received that it is in need of replacement. The application before Council is to request funds for roof improvements. This cost is estimated to be approximately $47,000. If Council approves the funding application, the owner will be eligible to receive a maximum building improvement grant of $10,000. June 27, 2011 The owner is currently improving the facade of the building which contains two stores at street level and residential apartments above. The Council approved a maximum grant of $15,000 for the facade improvement. The owner will be required to enter into an agreement with the City for the funding of the roof and it will be necessary to satisfy the requirements of the incentive program. FINANCIAL IMPLICATIONS The funding for this request will come from the Historic Drummondville CIP Special Purposes Reserve. At this time there is sufficient amounts in the reserve to fund this application. A subsequent report to Council on all of the Special Purposes Reserves relating to the CIP areas will be provided at a future Council meeting. CITY'S STRATEGIC PRIORITIES The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of the area. LIST OF ATTACHMENTS Appendix 1 - Location map of the subject property. Recommended by: Respectfully submitted: B Bolibruck Attach. i n Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -42, CB &FIG - 2011 -02, Rousom, 6894 -5900 Main Street.wpd - 2 - PD -2011 -42 Alex Herlovitch, Director of Planning, Building & Development June 27, 2011 - 3 - APPENDIX 1 PD-2011-42 PD- 2011 -43 Niagara& lls June 27, 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 -43 CB &FIG - 2011 -003, RPL- 2011 -001 & RG- 2011 -001 Commercial Building & Facade Improvement Grant Application Residential Property Loan Application Revitalization Grant Application Keefer Development & Historic Niagara 4410 -4414 Queen Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant, the Residential Property Loan and the Revitalization Grant for 4410 Queen Street, subject to the owner satisfying the program requirements including the entering into agreements with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreements. EXECUTIVE SUMMARY The application can be supported because: • the proposed facade work will improve the appearance and the preservation of a major Downtown building; the project will provide 30 new rental apartments in the Downtown; the funds are available in the Special Purpose Reserve of the Downtown CIP for the project applications. BACKGROUND The subject property is located at 4410 -4414 Queen Street. The building is known as the Chong Building and has been vacant for a number of years. The existing building was constructed in 1907 and was the home of the Gay Brothers Bakery until 1958. The remnants of the bakery is still recognized by the faint sign that exists on the west side of the building. The applicant intends to repaint this sign as part of the historic nostalgia of the Downtown. The building will provide 30 new apartment units (7, 2- bedrooms and 23, 1- bedrooms). Most of the units will be affordable and geared to the 55 and older demographic. There will be space for 2 commercial outlets in the front of the building along Queen Street. June 27, 2011 - 2 - PD- 2011 -43 The redevelopment of the property is a positive sign for the Downtown and is part of the ongoing efforts to revitalize the area. Not only will the development increase the number of people living in the Downtown, but it will also have a positive impact on local businesses. The three applications before Council are highlighted as follows: 1. Commercial Building & Facade Improvement Grant Application This application requests funding for the repainting of the front facade to natural brick colours. The painting will include all trim, window frames and cornice as well as the previously noted Gay Brothers Bakery sign. The windows are being replaced in the front of the building. The new facade will enhance the appearance of the building. The estimated to cost of the facade work is $38,000. The owner will be eligible to receive a maximum grant of $15,000 and the Region will contribute $5,000. The Commercial Building Grant provides funding for the structural items of the building. The owner has provided information involving more than $75,000 worth of structural improvements to the commercial part of the building including roof repairs, installation of steel supports, new plumbing, electrical and HVAC system. These items are all eligible items for the building component of the grant and the applicant will be entitled to a grant of $10,000. The total grant under the CB &FIG application is $25,000. 2. Residential Program Loan The owner has requested a residential loan for 7, 2- bedroom apartments and 23, 1 bedroom apartments (total of 30 residential apartments). The total square footage on the new apartments is 18,790 which equates to a residential loan of $375,800. If approved, staff will request the Niagara Region to cover one half of the approved loan under their Smarter Niagara Program. Under the residential loan requirements, the applicant will receive 60% of the loan when 60% of the apartments are completed. 3. Revitalization Grant The applicant has applied for a Revitalization Grant from the City. The grant involves tax increment financing proposal whereby the grant is determined once the renovated building is complete and MPAC reassesses the building. Once the reassessment has occurred, a determination is made as to the level of grant to be provided. A total of 80% of the increase in taxes is paid out to the applicant the first 6 years and this is reduced gradually within a 10 year time frame. 4. Other Benefits The applicants will also receive relief of 75% of the City's required Development Charges and 50% relief from the Region. The total amount of relief of Development Charges for the project is approximately $59,000. June 27, 2011 - 3 - PD- 2011 -43 FINANCIAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purposes Reserve. At this time there is sufficient amounts in the reserve to fund this application. A subsequent report to Council on all of the Special Purposes Reserves relating to the CIP areas will be provided at a future Council meeting. 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 ► Appendix 3 - Picture of the old Gay Brothers Bakery sign which will be enhanced Recommended by: Respectfully submitted: B.Bolibruck Attach. The owner will be required to enter into agreements with the City under each of the programs and satisfy all the related requirements. Alex Herlovitch, Director of Planning, Building & Development n Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -43, Keefer Devopment, Historic Niagara, 4410 Queen Street.wpd June 27, 2011 - 4 - APPENDIX 1 PD-2011-43 June 27, 2011 - 5 - APPENDIX 2 PD- 2011 -43 June 27, 2011 - 6 - APPENDIX 3 PD- 2011 -43 Niagara &lls 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 -44 CB &FIG - 2011 -004, Commercial Building & Facade Improvement Grant Application James and Lorrie Panteluke Eagles Nest - 4728 Valley Way RECOMMENDATION PD- 2011 -44 June 27, 2011 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4728 Valley Way, 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 and commercial building work complies with the City's grant program; the funding will assist in improving the appearance of the building in the Downtown; and the funds are available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located at 4728 Valley Way and is the home of the Eagles Nest Motorcycle Shop. This store has been in operation for a number of years and the owners wish to carry out a number of improvements. The extent of facade improvements include new front windows with new signage, stucco and goose neck lights. The side of the building exposed to Buckley Avenue will receive a new garage door and building finish. The facade improvements will be in excess of $30,000 and the applicant will be eligible for a 50% or $15,000 with $5,000 coming from the Niagara Region. The applicants are also requesting a grant under the commercial building component of the incentive programs. The building requires a new roof and the applicants have submitted an estimate of more than $40,000 to undertake the roof repairs. The applicants will be eligible to receive a grant for $10,000. June 27, 2011 - 2 - PD- 2011 -44 The owners 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 for this request will come from the Downtown CIP Special Purposes Reserve. At this time there is sufficient amounts in the reserve to fund this application. A subsequent report to Council on all of the Special Purposes Reserves relating to the CIP areas will be provided at a future Council meeting. 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 - Rendering of the proposed facade Recommended by: Respectfully submitted: B.Bolibruck Attach. l4n Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -44, CB &FIG - 2011 -004, Eagles Nest 4728 Valley Way.wpd Alex Herlovitch, Director of Planning, Building & Development June 27, 2011 - 3 - APPENDIX 1 PD-2011-44 ERIE-A 0— / _ • - .• row ••■•■ mu. 4 ..• LT r 7 _ _ 1 4 4 • -- i • _ R4S4R - AV ri 1. — ■ : -, 1.1. T • r ! — _ t" ! : 1 ul ?---■ i , ..., i----e 1.1.1 '...2. IA.1 - =...... ,, :-: '--- ' t 1 i i 1°— k -"-- 1 -1.-- T ---- __ _..... . 1 —_ """ RIE - AV — R-AV * , • • . F VI - -- Z „F, 1 . t-- ir - „ _ce. 1.7 c. -EEf 4C -4. . • - , 1 i = -,------- ii, I fl L- 11 LU ' It Fl -........— .,--.._,.. ,..L 1 ,.._,,, 1 .--, ( ......-..i I i 1 . , .......... 1 .--..., . ' 1 ..—ri.*4•■• 7 li - ..,""V „,.._____.3,„.— , ____ I 7 ,fr ;,1.,4 4 __.. .., ,.. z ,.. ...___:._ . _.. L ,...__. 4 AA ...4 .,, i - - ---- ',‘ 1 : I - June 27, 2011 - 4 - APPENDIX 2 PD- 2011 -44 PD- 2011 -46 Niagara� 1 alls June 27, 2011 ti 1 D.1 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 -46 26CD -11- 2006 -04 Amendment to a Registered Plan of Condominium 4339 Montrose Road Owner: Wedgewood Builders of Niagara Ltd. RECOMMENDATION 1. That Council approve the proposed amendment to the Registered Plan of Vacant Land Condominium. 2. That the Mayor be authorized to sign the revised plan. 3. That Council determine by resolution that the changes outlined in this report and shown on the revised plan of condominium are minor and do not require public notice. EXECUTIVE SUMMARY The applicant has filed an application with the Land Registry Office to amend a registered plan (description) of condominium. The amendment proposes a slight modification to the dimensions of a block of townhouse dwellings and moves the block an additional metre away from the south interior side lot line. Under the Condominium Act, a registered condominium description can be amended subject to criteria contained in the Act and subject to approval from the approval authority (the City). The proposed amendment complies with all policy requirements and is considered a technical change. There is no impact to the surrounding properties. Therefore, Planning staff supports the request. BACKGROUND Proposal The applicant proposes to amend a registered Vacant Land Condominium to adjust the configuration of 1 block of three townhouse dwellings. The amendment is required to avoid removing a fence that encroaches on the applicant's lands. The plan was registered on June 27, 2011 - 2 - PD- 2011 -46 March 23, 2010. The property is located on the west side of Montrose Road, north of Alpine Drive (see Schedule 1). The applicant has filed a request to amend the condominium description with the Land Registry Office and only requires approval from the City to register the amended plan. The current plan is shown on Schedule 2 and the proposed amendment is shown on Schedule 3. Planning Process The Condominium Act allows for an amendment to a description of a registered Plan of Condominium. The Act prescribes the administrative process to facilitate an amendment (notification of condominium owners, board, etc.). It also requires the approval from the City. This process is similar in concept as a redline revision to a draft plan of subdivision, However, in this case, the plan has already been registered. Therefore, no public meeting is required. The plan was draft approved on March 27, 2007 and subsequently registered on March 23, 2010. At the time of draft approval, it was determined that the plan met all Provincial and Municipal policy requirements. The proposed amendment is a 1 metre shift of the unit boundary for one block of townhouse dwellings. The interior side yard setback at the north end remains unchanged at 2 metres. Planning staff has reviewed the revised plan and it complies with the Zoning By -law. The amendment has no affect on any of the surrounding land uses. As such, Planning staff support the proposed change. FINANCIAL IMPLICATIONS There are no financial implications from the proposed amendment. CITY'S STRATEGIC PRIORITIES The proposed condominium plan amendment complies with the City's Official Plan. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Existing Registered Plan ► Schedule 3 - Proposed Amendment Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning,Building & Development Ken Todd, Chief Administrative Officer D.Deluce:mb Attach. S: \PDR \2011 \PD - 2011 -46, 4339 Montrose Road Condo Description Amendment.wpd June 27, 2011 - 3 - SCHEDULE 1 PD-2011-46 Niagara South Vacant Land Condominium Plan 108 June 27, 2011 - 5 - SCHEDULE 3 cu(OH)..../ / �,� ' N84 '04'10"W _ seoit) �p� 21.15 1 3 ° / ��5�g9 N84'04'10 "W � as 3.00 UN UNIT 12 N 10..W 3.00 left) UNIT 13 T 14 N84 '04'104 3.00 N84'04 "W _ —_ 3.00 6> 4 \ S \ 0 z 0 L0 PD- 2011 -46 rig 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 Transportation Services Department TS- 2011 -03 Riall Street - Heavy Vehicle Restriction TS- 2011 -03 June 27, 2011 That a "No Heavy Vehicle" restriction is established on Riall Street between Dorchester Road and St. Paul Avenue. The recommended heavy vehicle prohibition on Riall Street between Dorchester Road and St. Paul Avenue will reduce the impact of heavy vehicles using Riall Street as a shortcut route. Observations were carried out to address concerns from area residents of heavy vehicle operators using Riall Street. Riall Street is a collector roadway that extends for approximately one kilometre between St. Paul Avenue and Dorchester Road. The roadway is approximately seven metres in width with boulevard- separated sidewalks on both sides between St. Paul Avenue and Mercury Avenue. West of Mercury Avenue only the northern sidewalk continues to Dorchester Road. Riall Street is a transit route, with one daytime route and one evening /Sunday /Holiday route. A crossing guard assists children crossing at the intersection of Riall Street at St. Andrew Avenue. Investigations identified that drivers of delivery trucks, from the plaza located on the northwest corner of the St. Paul Avenue at Riall Street intersection, left the site and proceeded westerly on Riall Street toward Dorchester Road. Prior to the recent resurfacing project, the road showed signs of deterioration along the pavement edge which may be attributed to prolonged heavy vehicle exposure. A heavy vehicle prohibition on Riall Street between Dorchester Road and St. Paul Avenue is recommended to reduce the impact of heavy vehicles on the residential street. The restriction will prevent drivers from using Riall Street as a shortcut. Drivers may use either Mountain Road or Thorold Stone Road as they are suitable parallel arterial roads that are constructed to accommodate heavy vehicle traffic. The proposed restriction does not apply to transit vehicles, school buses, emergency vehicles or delivery vehicles that have no June 27, 2011 -2- alternate route to /from their destination. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the "No Heavy Vehicles" signs are to be carried out by Transportation Services staff. The labour costs are accounted for in the 2011 General Purposes Budget. Studies estimate that the cost to install the signs is approximately $300. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority through promoting a Healthy and Safe Community. LIST OF ATTACHMENTS Study Area drawing Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services TS 2011 - 03 Ken Todd, Chief Administrative Officer TS -201 1 -03 Ria II Street Niagarafa1Is Heavy Vehicle Restriction Study Area Proposed No Heavy Trucks sign NORTH Niagaraftgls REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2011 -24 Centre Street - Parking Review RECOMMENDATION TS- 2011 -24 June 27, 2011 That a designated disabled parking space is established on the southwest side of Centre Street between a point 36 metres northwest of Lewis Avenue to a point 42 metres northwest of Lewis Avenue for a six -month period. EXECUTIVE SUMMARY A designated disability parking space is being established on Centre Street next to Post Foods to temporarily accommodate the needs of an employee with a mobility disability. BACKGROUND Post Foods has requested that a disabled parking space be established on Centre Street next to their employee entrance. One of the employees of Post Foods was identified as having a mobility disability and the walk from the parking lot to the building is challenging. The employee parking lot for Post Foods is located on the southeast side of Lewis Avenue. Employees are required to cross Lewis Avenue and walk along a paved path to the employee entrance. The distance from the closest parking space to the building is about 70 metres (230 feet). At present, free all -day parking is present on the southwest side of Lewis Avenue between MacDonald Avenue and Lorne Street. These parking spaces become occupied very early in the day. A cursory review revealed that there is not a suitable safe alternative for employee parking on the site. Staff met with the supervisor and has agreed to accommodate this request for a temporary six -month period. However, Staff identified that the employer is responsible for investigating and carry out necessary arrangements for a suitable off - street parking space to meet the needs of employees with disabilities. Further, the designated disability parking space will not strictly for the sole use of the employee, but will be available to any person with a valid disability parking permit. The recommended disabled parking space will reduce the walking distance by 55 metres (180 feet). June 27, 2011 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 signs is approximately $250. 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: -2- TS- 2011 -24 Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Proposed Designated Disability Parking Space TS- 2011 -24 Centre Street NiagaraJalls Parking Review N r r r r It r M M M M M M M M Existing "No Parking" Proposed Designated Disability Parking Space NORTH Passed this twenty- seventh day of June, 2011. First Reading: Second Reading: Third Reading: June 27, 2011 June 27, 2011 June 27, 2011 CITY OF NIAGARA FALLS By -law No. 2011- A by -law to authorize the execution of an Authorized Requester Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and the Corporation of the City of Niagara Falls respecting the Municipal Parking Tag Program. 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 Ontario. as represented by the Minister of Transportation and the Corporation of the City of Niagara Falls respecting the Municipal Parking Tag Program as attached hereto, is hereby approved and authorized. 2. The Clerk is 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. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR Ministry of Ministere des Transportation Transports_ Mr. Dean lorfida THE CORPORATION OF THE CITY OF NIAGARA FALLS 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: X Ontario Information Management Services Oversight Office 2680 Keele Street Building A, Room 178 Downsview, Ontario M3M 3E6 June 17, 2011 RE: AUTHORIZED REQUESTER AGREEMENT 02182 I am writing in regards to your current Authorized Requester Agreement. As a result of a program review, and in consultation with both the Ontario Privacy Commissioner's Office, the Ministry of Transportation is revising your Authorized Requester Agreement, dated March 14, 2005. The ministry takes the protection of personal information very seriously. The ministry only releases personal address information to clients who meet the ministry's prescribed criteria for the Authorized Requester Program. Agreement clauses pertaining to disclosure, retention and authorized use have been revised as a result of the program review. As a result, the ministry is replacing your current Authorized Requester agreement as per Article 3. Please review the enclosed agreement thoroughly and initial and sign where required, indicating your understanding and compliance with the terms of the new agreement. Please return both copies of the signed agreements to the above address no later than July 18, 2011. Your current agreement and access to the Ministry of Transportation's information products will be terminated if we have not received these new agreements by the due date indicated above. Once signed by a ministry representative, a copy of the new agreement will be returned to you for your files. ...12 2 Please note that in the event of an agreement termination, any remaining funds in your account(s) will be refunded minus a $5.00 administration fee. Should you wish to reapply as an Authorized Requester in the future, please contact us to complete a new ARIS application. A $250 fee will apply. Should you have any questions or require additional information, please call the ministry's Authorized Requester Line at 416- 246 -7112 or 1- 800 - 769 -2419, option 1. Yours sincerely, Paul Brown Director Licensing Services Branch Encl. AUTHORIZED REQUESTER AGREEMENT (MUNICIPAL PARKING TAG PROGRAM) BETWEEN AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation THE CORPORATION OF THE CITY OF NIAGARA FALLS BETWEEN: WHEREAS: (" MTO") AUTHORIZED REQUESTER AGREEMENT THIS AGREEMENT made as of the 4th day of March, 2005 (the "Effective Date "). HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Transportation - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Municipality "). A. MTO maintains computer databases containing information pertaining to driver, vehicle and motor carrier records: B. The Municipality requires access to such information for the purpose of commencing legal proceedings against registered licence plate holders who have committed parking infractions under Part II of the Provincial Offences Act (Ontario), and, or in contravention of a municipal parking by -law: and C. MTO is prepared to permit the Municipality to obtain such access, subject to the provisions of this Agreement. NOW THEREFORE MTO and the Municipality agree as follows: Ll Definitions. ARTICLE 1 DEFINITIONS AND SCHEDULES In this Authorized Requester Agreement. unless the context requires a different meaning, the tbllowing terms shall have the following meanings: "Agreement" means this agreement entitled "Authorized Requester Agreement'. including the attached Schedules, any documents or instruments incorporated by reference in this agreement. and any amendments to any of the foregoing that may be agreed to in writing by MTO and the Municipality or that are otherwise provided for in this agreement. "Application" means the application, in the form approved by MTO, submitted by the Requester to become an Authorized Requester. "ARIS" means the Authorized Requester Information System of MTO. which is an electronic system used by MTO to receive Licensed Information Requests from Authorized Requesters, and to send Licensed Information Responses to Authorized Requesters and to maintain client profiles. as such system may be modified by MTO from time to time. "Audit" and similar expressions mean the performance by, or on behalf of _VITA of such audits, reviews, investigations, inspections, confirmations, certifications, tests. studies and determinations of, or relating to, any matter or thing pertaining to this Agreement. "Authorized Requester" means any person or other organization (including other municipalities) to whom MTO has, pursuant to an agreement, granted a non - exclusive. non - assignable and non - transferable licence to access and use the Licensed Information solely for .Authorized Cases. "Authorized Staff' means: (a) employees of the Municipality, and (b) individual third party contractors (but not corporations. partnerships or other legal entities) engaged by the Municipality to perform employee -like functions. who need to access such Licensed Information or Passwords. in order for the Municipality to use the Licensed Information for Authorized Uses in accordance with this Agreement. and who are listed in Part A -2 of Schedule "A ". - 2 - "Authorized Uses" has the meaning set out in section 4.1. "Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public service holiday observed in the Province of Ontario. "Claims" means any claims, demands, actions, causes of action, suits or proceedings against, or damages (including indirect, special, incidental, consequential or punitive damages), losses, liabilities or obligations of MTO, or of MTO's employees, agents or contractors. "Confidential Information" has the meaning set out in section 5.1. "Contractor Security Agreement" means a privacy and confidentiality agreement between the Municipality and Authorized Staff who are individual third party contractors engaged by the Municipality, in the form specified by MTO. "Damages" means losses, compensation, damages (including indirect, special, incidental, consequential and punitive damages), expenditures, costs (including reasonable administrative costs and reasonable legal fees and costs), expenses, interest, liabilities, judgements, awards, taxes, fines. penalties, charges and amounts paid in settlement. "Declaration" has the meaning set out in section 10.2. "Delivery Channel" means the method or system by which a Licensed Information Request is transmitted or delivered from the Municipality to MTO or by which a Licensed Information Response is transmitted or delivered from MTO to the Municipality. "Disclose" means directly or indirectly disclose, provide, distribute, exchange, sell, license, lease, give, make available or permit access to or use of; and "Disclosed ", "Disclosing" and "Disclosure" have corresponding meanings. "Effective Date" means the effective date of this Agreement, as set out at the beginning of this Agreement. "Employee Security Statement" means a privacy and confidentiality statement in the form attached as Schedule "B ", as may be modified by MTO from time to time. "Fees" means those fees set out in Schedule "C ". "FOIPPA" means the Freedom of Information and Protection of Privacy Act (Ontario), as amended from time to time "Fiscal Year" means a twelve (12) month period beginning on April 1 and ending on March 31 of the following year. "Government of Ontario" means Her Majesty the Queen in right of Ontario or any ministry, agency, board, commission, department, corporation or other legal entity of or owned by the Government of Ontario. "Grant" has the meaning set out in section 2.1. "Initial Term" has the meaning set out in section 3.1(a), "Licensed Information" has the meaning set out in Part A -1 of Schedule "A ": "Licensed Information Request" means one request for Licensed Information contained in one collection of Licensed Information and pertaining to one driver, which request is in the format stipulated by MTO from time to time, and which request is transmitted or delivered by the Municipality to MTO using a Delivery Channel specified in Part A -1 of Schedule "A ". "Licensed Information Response" means the Licensed Information (or other response such as "no information available ") transmitted or delivered by MTO to the Municipality, using a Delivery Channel specified in Part A -1 of Schedule "A ", in response to a Licensed Information Request. "Licensed Personal Information" means any Licensed Information that is Personal Information. "MFOIPPA" means the Municipal Freedom of Information and Protection of Privacy Act (Ontario), as amended from time to time. "Non- disclosure Agreement" has the meaning set out in section 5.3(c). - 3 - "Password" means any password, key, code or identifier assigned to a user in connection with making Licensed Information Requests or receiving or accessing Licensed Information Responses. "Permitted Recipient" has the meaning set out in Part A -1 of Schedule "A ". "Personal Information" means personal information as defined in FOIPPA. "Personal Information Records" means all Records of, or containing, Personal Information that is Processed by the Municipality in connection with the performance by the Municipality of the Municipality's obligations under this Agreement or the exercise by the Municipality of the Municipality's rights under this Agreement. "Privacy Default" means a breach of: (i) any Privacy Laws; or (ii) any of the provisions of this Agreement relating to the Municipality's compliance with the Privacy Laws, including Schedule "D or (iii) any other provision of this Agreement where such breach involves or results in any Processing of (or failure to Process) Personal Information that is not strictly in accordance with this Agreement. "Privacy Laws" means (a) FOIPPA (b) MFOIPPA and (c) the provisions of any other law from time to time that address any Processing of (or failure to Process) Personal Information. "Process" means directly or indirectly create, access, collect, process. receive. hold . store. use or Disclose; and "Processed" and "Processing" have corresponding meanings. "POA" means the Provincial Offences Act (Ontario) as amended from time to time "Records" means the records of the Municipality in any format or medium. including any "record" as defined in FOIPPA. "Records Custodian" has the meaning set out in section 9.5. "Supporting Document" means any of the documents which (a) support or verify information contained in the Application as such information may subsequently have been changed in accordance with section 12.2 (a)): and (b) are listed in Part A -1 of Schedule "A ". "Term" means the Initial Term and any renewal(s) of this Agreement made in accordance with section 3.1(b). "Warranty" means any representanon, warranty or condition, express, implied. collateral or statutory. L2 Schedules. The following attached Schedules form part of this Agreement: 2.2 Title. Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F" Schedule "G" 2.L Grant. Specifications ( Part A -1 and Part A -21 Employee Security Statement Fee Schedule Audit, Inspection and Review Form of Monthly Report Form of Annual Report Form of MTO Report ARTICLE 2 GRANT OF LICENCE Subject to the provisions of this Agreement. MTO hereby grants to the Municipality, a non - exclusive. non - assignable and non - transferable licence (the "Grant ") to access and use the Licensed Information solely for the Authorized Uses. The Nlunicipality acknowledges and agrees that MTO (or the Government of Ontario) is and shall at all times remain the sole owner of all right, title and interest in the Licensed Information, including all intellectual property rights (such as copyright) and other proprietary rights and trade secrets. Accordingly. the Grant is not. and shall not be deemed to be, a transfer. sale or disposition of any or all of MTO's right. title or interest of any kind in the Licensed Information. 2.3 Changes in Licensed Information. - 4 - (a) Despite any other provision of this Agreement, the Municipality acknowledges and agrees that MTO reserves the right in its absolute discretion to add to, withdraw from, or change the content or structure of, or subject matter covered by, or cease to make available, any or all of the Licensed Information at any time. (b) Upon implementation by MTO of any of the changes contemplated in section 2.3(a) above. all references to "Licensed Information" in this Agreement shall be deemed to be amended to reflect such changes. 2.4 No Guarantees or Warranties. The Municipality acknowledges and agrees that MTO does not warrant or guarantee the accuracy of the Licensed Information. 3.1 Term. Subject to the provisions of this Agreement: ARTICLE 3 TERM (a) This Agreement shall be effective on the Effective Date and shall continue in force for an initial term of twelve months (the "Initial Term "). (b) This Agreement shall be automatically renewed for subsequent terms of twelve (12) months each, provided that: (i) 3.2 Early Termination. 3.3 Termination Without Cause. 4.1 Authorized Uses. neither party provides to the other, at least thirty (30) days before the expiry of the then current term, written notice of that party's intention not to renew; (ii) if requested by MTO, prior to such renewal the Municipality signs the form of authorized requester agreement that MTO then requires to be signed by Authorized Requesters; (iii) the Municipality has updated the list of Authorized Staff contained in Part A -1 and Part A -2 of Schedule "A" and has reviewed and affirmed such list in accordance with section 8.1; (iv) the Municipality has updated the information contained in the Application and has reviewed and affirmed such information in accordance with section 12.2; and (v) prior to such renewal the Municipality has satisfied any other conditions that may be stipulated by MTO for the renewal of the Grant This Agreement shall automatically terminate in the event that MTO ceases to make available any Licensed Information to third parties outside of the Government of Ontario. Notwithstanding any other provision of this Agreement, this Agreement may be terminated without liability by either party giving to the other party thirty (30) calendar days prior written notice of termination. ARTICLE 4 AUTHORIZED USES Initials The Municipality shall access and use the Licensed Information solely for the following uses (the "Authorized Uses "): (a) to send to registered licence plate holders notices that are prescribed by law where a 4.7 Survival. -5 legal proceeding has been commenced by the Municipality against the registered licence plate holder alleging that the registered licence plate holder has committed an infraction against Part II of the Provincial Offences Act (Ontario) andor a parking by -law enacted by the Municipality: and (b) to have Licensed Information certified by MTO for legal proceedings where it is alleged that the registered licence plate holder has committed an infraction against a parking by -law enacted by the Municipality. 4.2 Changes to Authorized Uses. Despite section 4.1, the Municipality acknowledges and agrees that MTO shall have the right unilaterally to amend or delete any or all of the Authorized Uses at any time, effective upon written notice to the Municipality setting out the applicable amendment(s) or deletion(s). 4.3 Informed Consent. Despite section 4.1. if required by MTO, the Municipality shall, prior to requesting, accessing or using any Licensed Information under this Agreement, obtain the informed consent of the individual to whom the Licensed Information is referable. 4.4 Demonstration that Uses Authorized Upon MTO's request from time to time, the Municipality shall reasonably demonstrate that the Municipality's use of any particular Licensed Information (as specified by MTO) has been strictly in accordance with this Agreement. For avoidance of doubt, any breach of the requirements of this section 4.4 shall constitute a Privacy Default. 4.5 Data Matching and Data Profiling. (a) Subject to the Authorized Uses, the Municipality shall not develop, or derive for anv purpose whatsoever, any other product. work or database in human - readable or machine - readable form or otherwise, that incorporates, modifies, or uses in any manner whatsoever, any Personal Information contained in, or obtained fiom. the Licensed Information. This section shall not. however, apply with respect to any specific Personal Information which the Municipality had in its possession prior to receiving the Licensed Information. tb) Subject to the Authorized Uses, the Municipality shall not place any data which was not obtained under this Agreement. into a database containing Personal Information obtained under this Agreement, other than as first authorized by MTO in writing. 4.6 Individuals Not to be Contacted. The Municipality shall not use the Licensed Information directly or indirectly to locate or contact any individual to whom the Licensed Information is directly or indirectly referable, other than as expressly stated in the Authorized Uses. For the avoidance of doubt, the obligations of the Municipality contained in this Article 4 shall survive the expiry or termination of this Agreement. 5.1 Confidential Information. ARTICLE 5 CONFIDENTIALITY tnm,Its Subject to sections 5.2, 5.3 and 5.4, the Municipality shall hold in strict confidence all Licensed Information and any other confidential information or materials of MTO. or of third parties and in the possession or control of MTO. and any information derived from any of the foregoing (collectively. the "Confidential Information "). 5.2 Maintain Confidentiality. Without limitation to section 5.1, the Municipality shall not directly or indirectly: (a) disclose, make available, or provide or permit access to or use of, any Confidential - 6 - Information for any purpose (other than to its Authorized Staff who need to know such Confidential Information in order to carry out the Municipality's business, and who are permitted access to such Confidential Information strictly in accordance with Article 8); (b) reproduce or make copies, or permit any third party to reproduce or make copies, of any Confidential Information, in whole or in part (other than copies of Confidential Information made by the Authorized Staff contemplated in section 5.2 (a) in the normal course of the Municipality's business), other than as expressly stated in the Authorized Uses. 5.3 Disclosure of Licensed Information to Permitted Recipients. 5.5 Survival. (a) Despite section 5.2, but subject to the provisions of sections 5.3 (b), 5.3 (c) and 5.3 (d), the Municipality shall have the right to disclose particular Licensed Information (but not Passwords or any other Confidential Information) to Permitted Recipients solely for the purpose specified in Part A -1 of Schedule "A ". For avoidance of doubt, nothing in this section 5.3 (a) permits the Municipality to give a Permitted Recipient general access to the Licensed Information in the Municipality's possession or control, nor shall a Permitted Recipient be entitled to make copies of Licensed Information. (b) The Municipality shall record (in such form and format as from time to time may be required by MTO) each disclosure to a Permitted Recipient. Such record shall include the particular Licensed Information disclosed, the Permitted Recipient to whom such Licensed Information was disclosed, the business purpose for such disclosure, and the date of disclosure. The Municipality shall maintain such records throughout the Term and for a period of three (3) years after the expiry or termination of this Agreement. (c) Prior to making any disclosure to a Permitted Recipient, the Municipality shall enter into a privacy and non - disclosure agreement with that Permitted Recipient, in the form specified by MTO in writing from time to time (the "Non- disclosure Agreement "). (d) The Municipality shall ensure that each Permitted Recipient fully complies with the Non - disclosure Agreement. The Municipality shall be fully liable to MTO for any breach of the Non- disclosure Agreement by a Permitted Recipient, and any such breach shall constitute a breach by the Municipality of this Agreement. (e) The Municipality shall retain an original copy of each Non- Disclosure Agreement from the time it is executed until at least three (3) years after the date the Permitted Recipient who signed that Non - Disclosure Agreement ceases to be a Permitted Recipient. Upon MTO's request from time to time, the Municipality shall provide MTO with copies of all executed Non- Disclosure Agreements. 5.4 Disclosures Required by Applicable Law. (a) Despite section 5.1, the Municipality may, subject to sections 5.4 (b) and 5.4 (c), disclose Confidential Information to the extent required by applicable law. (b) If the Municipality becomes compelled by applicable law to disclose Confidential Information, the Municipality may only disclose that part of the Confidential Information that it is compelled by applicable law to disclose, and may only disclose such Confidential Information in the manner and to the extent so compelled by applicable law. (c) If the Municipality becomes compelled by applicable law to disclose Confidential Information, the Municipality shall notify MTO of the disclosure as soon as is reasonably possible. For the avoidance of doubt, this Article 5 shall survive the expiry or termination of this Agreement for any reason. 6.1 Privacy Laws. ARTICLE 6 PRIVACY LAWS (a) This Agreement and the rights granted to the Municipality under this Agreement are The Municipality represents and warrants that it is, and at all times throughout the Term will remain, in full compliance with all applicable laws (including the Privacy Laws) relating to its Processing of Licensed Personal Information pursuant to this Agreement. Without limiting the generality of the foregoing, the Municipality shall comply with any written instructions or directions from MTO from time to time concerning Licensed Personal Information or Personal Information Records (including the Processing of such Licensed Personal Information or Personal Information Records). 6.2 Compliance by ;Municipality. 6.3 Survival. (b) Without limiting the generality of section 6.1(a), this Agreement is subject to any provisions of any applicable law that may restrict or limit: For the avoidance of doubt, this Article 6 shall survive the expiry or termination of this Agreement for any reason. 7.3 Passwords. - 7 - subject to any restrictions, limitations or provisions of any applicable law, including the Privacy Laws or any other legislation or regulations enacted by the Government of Ontario or by the Canadian federal government, whether enacted prior to or after the date of signing this Agreement. (i) the information included in the Licensed Information: or 1 id the information that may be provided in response to a Licensed Information Request. ARTICLE 7 PROTECTION OF CONFIDENTIAL INFORMATION 7.1 Security of Confidential Information. to rats The Municipality shall maintain the security and integrity of the Confidential Information. Without limitation to the foregoing. the Municipality shall ia) keep all copies or partial copies of the Confidential Information in a physically secure location to which access is restricted: b) ensure that access to any Confidential Information stored on a computer is Password-protected and that the Passwords are treated as Confidential Information and are changed on a frequent basis: Ic) comply with the security provisions and standards set out in Part ,1 -1 of Schedule "A "; and (d) comply with such security requirements as are from time to time specified by MTO. 7.2 Security Products. The Municipality shall be responsible for the selection, implementation and maintenance of appropriate security products, tools and procedures sufficient to meet NATO's requirements for protecting the Confidential Information from improper access, loss, alteration or destruction. The Municipality shall be responsible for establishing, monitoring and testing the Municipality's own security products, tools and procedures to ensure their adequacy. (a) Deemed to be Confidential Information. Any Passwords shall be deemed to be "Confidential Information" for the purposes of this Agreement. (b) No Disclosure to Third Parties. For the avoidance of doubt, the Municipality shall not disclose any Passwords to, or permit any access to, or use of. any Passwords by any third party, provided that nothing in this section shall prevent the Municipality from disclosing Passwords to its Authorized Staff who: (i) need to know such Passwords in order for the Municipality to obtain and use the Licensed Information for Authorized Cases, and 7.4 Restricted Access. 7.5 No Exposure. (a) - 8 - (ii) are authorized to access to such Passwords strictly in accordance with Article 8. The Municipality shall at all times restrict access to the Confidential Information solely to Authorized Staff, in accordance with the requirements set out in this Agreement. The Municipality shall be responsible to MTO for any unauthorized access to Confidential Information resulting from the Municipality's failure to meet the Municipality's obligations in this Agreement (including this section). Subject to the Authorized Uses set out in section 4.1, and without limiting the generality of the restrictions or obligations placed upon the Municipality in Articles 4, 5, 6 and 7, no Confidential Information shall be exposed or placed so that it can be viewed by the public and/or any non- authorized persons. 7.6 Destruction of Confidential Information. Subject to sections 7.6(b) and 7.6(c) and 7.6(d), the Municipality shall destroy all copies of Confidential Information in its possession or control, upon or before the earlier of: (i) the expiration or termination of this Agreement for any reason; (ii) thirty (30) days following completion or fulfilment of the applicable Authorized Uses as set out in section 4.1; or (iii) the third Business Day after the date of suspension, cancellation or voluntary cancellation of any or all of the Municipality's accounts with MTO or any or all of the Municipality's rights or privileges under this Agreement. b) Despite section 7.6(a), if this Agreement expires and no Event of Default has occurred and then remains outstanding, the Municipality shall not be required to destroy the Confidential Information and records referred to in that section for so long as there remains in full force and effect a separate written agreement entered into by the Municipality with MTO under which the Municipality is authorized to possess and use that Confidential Information and those records for the purposes for which they are then being possessed and used by the Municipality. (c) Despite section 7.6(a), the Municipality shall not be required to destroy the Confidential Information and records referred to in that section to the extent (if any) that: (i) the Confidential Information was also separately obtained by the Municipality from a third party that was not at that time under any obligation to keep such Confidential Information confidential; or (ii) the Confidential Information pertains to an individual who has consented to having the Municipality keep that Confidential Information (provided that such consent is given in accordance with applicable law), or (iii) the Municipality is required by applicable law to retain for any period of time any of the Confidential Information. The Municipality shall be permitted to retain such of that Confidential Information or those records, in such form and for such period of time, as is so required by applicable law, subject to the Municipality's confidentiality, non- disclosure and security obligations in this Agreement (including all of the Municipality's obligations in Articles 4, 5, 6 and 7). (d) For the avoidance of doubt, nothing in this section 7.6 shall limit or release the Municipality from the security, confidentiality and non - disclosure provisions of this Agreement, which provisions shall survive any termination or expiration of this Agreement and shall remain in full force and effect until such time as they are satisfied or by their nature expire. 7.7 Retention of Licensed Information Within Canada. The Municipality shall ensure that: - 9 - (a) no Licensed Information Requests will be made, and (b) no Licensed Information Responses or Licensed Information will be received. transmitted, stored or retained by or on behalf of the Municipality outside Canada. for any time period, no matter how short. 8.1 Listed in Part A -2 of Schedule "A ". ARTICLE 8 AUTHORIZED STAFF The Municipality covenants and warrants that all Authorized Staff as of the date of this Agreement have been listed in Part A -2 of Schedule "A ". The Municipality shall, within ten (10) days of any change in the list of Authorized Staff. advise MTO of such change in writing or other format acceptable to MTO Notwithstanding any other provision of this Agreement, MTO reserves the right in its absolute discretion (a) to reject any employee or contractor of the Municipality as an Authorized Staff member: and (b) to prohibit an Authorized Staff member from accessing any Licensed Information. 8.2 Employee Training, Security Statements and Contractor Security Agreements. The Municipality shall require all Authorized Staff: (a) when and as required by MTO, to take such training in the handling and protection of the Licensed Information as is made available to the Municipality by MTO: b) who are Municipality employees, to enter into and comply with the Employee Security Statement: and (c) who are individual third party contractors engaged by the Municipality. to enter into and comply with a Contractor Security Agreement. 8.3 Authorized Staff Compliance. The Municipality shalt be solely responsible for ensuring that its Authorized Staff fully comply with the Municipality's confidentiality and security obligations contained in this Agreement. Without limiting the generality of the foregoing, or of section 8.2, the Municipality shall be solely responsible for ensuring full compliance with the Employee Security Statement and Contractor Security Agreement by Authorized Staff. The Municipality shall indemnify and hold harmless MT() from and against anv Damages that occur as a result of any non - compliance with the Employee Security Statement or Contractor Security Agreement by such Authorized Staff 8.4 Retention of Original Copies. The Municipality shall retain an original copy of each Employee Security Statement and Contractor Security Agreement from the time it is executed until at least three (3) years after the date the Authorized Staff who signed that Employee Security Statement or the Contractor Security Agreement (as the case may be) ceases to be an employee or contractor of the Municipality. Upon y1TO's request from time to rime. the Municipality shall provide NITO with copies of all executed Employee Security Statements and Contractor Security Agreements. 9.1 Monthly Report ARTICLE 9 REPORTING AND RECORDS niriais The Municipality shall duly complete and remit to MTO a monthly report which is contained in Schedule "E ". The signature of the Treasurer or Chief Financial Officer of the Municipality shall be affixed to the monthly report. The monthly report shall be remitted to and received by MTO within fifteen days after the end of each calendar month to which the monthly report corresponds. where the Municipality owes MTO payment under Article 16 herein, the monthly report shall be remitted along with the payment that is owing to MTO. Where no payment is owing to NIT() under Article 16 herein, the monthly report that is remitted shall indicate as such. 9.2 Annual Report The Municipality shall duly complete and remit to MTO an annual report as prescribed in Schedule "F ". The trst annual report shall be remitted to, and received by MTO on or before April 15, 2005, and shall contain data corresponding to the period from the Effective Date to March 31, 2005. Subsequent annual reports shall be remitted to, and received by MTO on or before April 15 for each year that the Agreement is in effect, and shall contain data corresponding to the previous Fiscal Year. 9.3 MTO Reports MTO shall duly complete and send an annual report to the Municipality as prescribed in Schedule "G ". The report shall be remitted and received by the Municipality on or before May 1st of each year that the Agreement is in effect, and the data contained in each report shall correspond to the previous Fiscal Year, except for the first annual report which shall correspond to the period from April 1, 2004, to March 31, 2005. 9.4 Records - 10 - NITO and the Municipality shall maintain written records, which shall be sufficient to enable both parties to produce the reports that are prescribed in Schedules "E ", "F" and "G ". The Municipality shall retain the records contemplated in this section 9.4. throughout the Term and for three (3) years thereafter. 9.5 Records Custodian Each party shall designate one or more individuals with appropriate authority as the persons responsible for the compilation and custody of the written records of that party prescribed in section 9.4 (a "Records Custodian "). The Records Custodian(s) designated by a party shall be competent to certify the accuracy and completeness of the written records that such party is required to maintain and produce. The Records Custodian(s) designated by each party is (are) set out in Part A -2 of Schedule "A ", provided that either party may change the designation upon notice to the other party given in accordance with section 21.3. 10.1 Audit of lunicipality. 10.2 Audit of Permitted Recipients ARTICLE 10 AUDIT AND ANNUAL DECLARATIONS The Municipality shall accommodate Audits of the Municipality in accordance with the provisions of Schedule "D ". For the avoidance of doubt, this section 10.1 and Schedule "D" shall survive the expiry or termination of this Agreement for any reason. The Municipality shall ensure that each Permitted Recipient accommodates Audits of that Permitted Recipient in accordance with the provisions of Schedule "D" (as if that Permitted Recipient were the "Municipality" as specified in Schedule "D "), and that such Permitted Recipient fully co- operates with and assists MTO in carrying out such Audits in accordance with such provisions. The Municipality shall be fully liable to MTO for any failure by a Permitted Recipient to fulfil the requirements contemplated by this section 10.2, and any such failure shall constitute a breach by the Municipality of this Agreement. The Municipality agrees to indemnify and hold harmless the MTO from and against any Damages that occur as a result of any such failure. 10.3 Annual Declaration. Prior to the expiry of each current Term, the Municipality shall complete, sign and submit to MTO a declaration (the "Declaration ") relating to the Municipality's compliance with the obligations under this Agreement during the previous twelve (12) months. The Declaration shall be in such form and format as may be specified by MTO from time to time, and shall be executed by such officer of the Municipality, or other responsible person, as may be specified by MTO in the form of the Declaration. 11.1 "As Requested" Basis. ARTICLE 11 INFORMATION TRANSMISSION 12.2 Lpdates. Licensed Information shall be provided by MTO to the Municipality through the Delivery Channels and on an as requested" basis in response to Licensed Information Requests, all in accordance with the procedures specified by MTO from time to time. The Municipality acknowledges that, owing to the complexity and diversity of technologies utilized in the provision of Licensed Information Responses. MTO does not guarantee that it will transmit or deliver Licensed Information within a stipulated time after receipt of the applicable Licensed Information Request. 11.2 Incomplete, Inaccurate or Corrupted Documents. (a) If MTO reasonably suspects that a Licensed Information Request received from the Municipality was incompletely or inaccurately transmitted. or corrupted in transmission, or not intended for MTO, MTO shall so notify the Municipality. NITO shall not respond to such Licensed Information Request until MTO has received confirmation from the Municipality of the validity and completeness of the Licensed Information Request. Ib) If the Municipality reasonably suspects that a Licensed Information Response received from NITO was incompletely or inaccurately transmitted. or corrupted in transmission, or not intended for the Municipality. the Municipality shall so notify MTO. The Municipality shall not rely upon any information until the Municipality has received confirmation from MTO of the validity and completeness of the Licensed Information Response. If requested by MTO, the Municipality shall return or destroy an invalid or incomplete Licensed Information Response. 11.3 Deemed Authorization. The Municipality shall establish reasonable and appropriate systems. methods and procedures to control the transmission or delivery of Licensed information Requests and the receipt of Licensed Information Responses. Subject to section 11.2, each Licensed Information Request sent by the Municipality to MTO under this Agreement shall be deemed to have been duty authorized by the Municipality and shall be binding upon the Municipality, unless the Municipality otherwise notifies MTO before MTO responds to or makes any use of that Licensed Information Request. 12.1 Warranty. ARTICLE 12 APPLICATION INFORMATION The _Municipality represents and warrants that all information contained in the Application is ;rue. correct and complete as of the date of the Application. (a) Within ten (10) Business Days after the occurrence of any change in any of the information contained in the Application, or any change to any of the information previously provided pursuant to this section 12.2 (a), the Municipality shall notify MTO (in writing or other format acceptable to MTO) of such change. (b) Prior to the expiry of any of the Supporting Documents. and no later than ten i t01 days after the date of an amendment to any of the Supporting Documents. the Municipality shall provide MTO with a copy of the replacement Supporting Document, or of the amended Supporting Document. as the case may be. Upon the request of MTO. the Municipality shall provide MTO with an original or certified copy of any Supporting Document. [VITO reserves the right, upon notice to the Municipality, to add additional documents to the list of Supporting Documents contained in Part A -1 of Schedule "A ". ARTICLE 13 REVIEW AND RE- VERIFICATION Initials 13.1 Review and Re- Verification Annually and as Required by MTO. At least thirty (30) days prior to the expiry of each current Term, and at such other times during each Term as may be required by MTO, the Municipality will review and re- verify (in such form and format as may be specified by NITO from time to time) the information contained in the Application. as such information may subsequently have been changed in accordance with section 12.2 (a). 14.1 Electronic Requests. If the internet has been included as a Delivery Channel in Part A -1 of Schedule "A ", MTO will accept Licensed Information Requests from the Municipality, and will provide Licensed Information Responses in accordance with specifications set out in Part A -I of Schedule "A" utilizing ARIS. 14.2 Password Assignment. - 12 - ARTICLE 14 AUTHORIZED REQUESTER INFORMATION SYSTEM (a) The Municipality shall (in writing or other format acceptable to MTO), advise MTO of those members of the Authorized Staff whom the Municipality wishes to have access to ARIS. (b) MTO, at its discretion, shall assign user identification and Passwords to members of the Authorized Staff in accordance with security policies and procedures of MTO. Notwithstanding the foregoing, MTO reserves the right not to issue user identification or a Password to any individual or individuals regardless of their designation as Authorized Staff. (c) The Municipality shall ensure that only Authorized Staff who log onto ARIS using the user identification and Password assigned to them by MTO (as such Password may be changed from time to time) can gain access to the Passwords or make Licensed Information Requests or receive Licensed Information Responses through ARIS. 14.3 Municipality Systems. In order to access Licensed Information utilizing ARIS, the Municipality shall obtain, install and test, at the Municipality's own expense, the following computer equipment, software and services, with the following minimum specifications: • Pentium computer or higher; • Internet Explorer, Netscape or higher; and • Internet service. The Municipality acknowledges and agrees that MTO shall have no responsibility for providing technical support, or maintenance, for any of the Municipality's own systems required to access ARIS. 15.1 Certification by Registrar 16.1 Fees and Payment Schedule. 17.1 Indemnity. ARTICLE 15 CERTIFICATION OF RECORDS The Municipality shall only request that Licensed Information be certified by the Registrar of Motor Vehicles (MTO) when the Municipality is required to do so for the purpose of legal proceedings or for some other purpose required by law. 15.2 Transmission of Certified Licensed Information MTO shall transmit to the Municipality, by mail or such other method as may be agreed to by both parties, all Licensed Information which it has certified in paper format. ARTICLE 16 FEES AND PAYMENT METHODOLOGY For obtaining Licensed Information from MTO under this Agreement, the Municipality shall pay the Fees, and comply with the payment methodology, as set out in Schedule "C ". ARTICLE 17 INDEMNITY AND LIMITATION OF LIABILITY 17.2 Limitation of Liability. 17.3 Survival. - 13 - (a) The Municipality agrees to defend. indemnify and hold harmless the Government of Ontario and its officers, employees, agents or contractors, from and against any and all Claims and Damages that may occur, by reason of: (i) any breach or deemed breach of this Agreement by the Municipality, or (ii) any non - compliance with Employee Security Statements or Contractor Security Agreements by any of the Authorized Staff; or (iii) any non - compliance with Non-Disclosure Agreements by any Permitted Recipient; or (iv) any negligent, improper, or unauthorized use or dissemination of Confidential Information by the Municipality or by the officers, employees. contractors (including Authorized Staff) or agents of the Municipality: or by Permitted Recipients: or (v) inaccurate or out -of -date information contained in Licensed Information tiunished to the Municipality by MTO. (a) The Government of Ontario makes no Warranties with respect to the Licensed Information, including any Warranties that any Licensed Information (or any information contained in the Licensed Information) will be accurate. complete or up -to -date, or free of errors or omissions, in whole or in part, or that any Licensed Information will be fit for any purpose. (b) In no event will the Government of Ontario be liable for any Damages or Claims, including any Claims for loss of profits or other incidental or consequential damages. arising out of the Municipality's use of, or inability to use or access, any Licensed Information. or delays by MTO. or from failure to supply Licensed Information. or from inaccurate, incomplete or out -of -date information contained in anv Licensed Information. (0) The Municipality releases and forever discharges the Government of Ontario 1 and the Government of Ontario's officers, employees. agents and contractors) from anv Claims relating to any Warranties contemplated in section 17.2(a) and from any Damages or Claims contemplated in section 172(6). The provisions of this Article 17 shall survive the expiry or termination of this Agreement for any reason 18.1 Events of Default. ARTICLE 18 DEFAULT AND RE%IEDIES "Events of Default" shall include any one or more of the following: 1a) the Municipality is merged with, or annexed by, another municipality: (b) the Municipality has submitted false or misleading information to MTO (including Else or misleading information in the Application) or makes a false representation in this Agreement or the Application; (c) the '.Municipality has failed to update the information contained in the Application or has failed to review and re- verify such information in accordance with section 12.2: d) there is a material degradation in the security measures (including security products. tools or procedures) that the Municipality has in place to protect the Licensed Information from improper access, loss, alteration or destruction: (e) the Municipality commits a Privacy Default and such Privacy Default is not curable or such Privacy Default is curable but the Municipality fails to cure it as expeditiously as possible and in any event within twenty four (24) hours of receiving notice of such Privacy Default from MTO: (f) The Municipality fails to make any payment as required under this Agreement, or if payment is in the form of a cheque or other negotiable instrument, such payment is rejected for not sufficient funds; (g) the Municipality fails to meet any other term or condition of this Agreement (excluding any other default expressly referred to in this section 18.1) and such default is riot curable or such default is curable but the Municipality fails to cure it within ten (10) days of receiving notice of such default from MTO; or (h) the Municipality is, or is deemed to be, in default under any other agreement(s) with MTO relating to access or use of any Confidential Information. 18.2 Remedies. (a) Upon the occurrence of an Event of Default, MTO shall have the right, effective immediately without notice, to: (b) MTO may also pursue any appropriate administrative, civil and or criminal remedies for default of any of the provisions of this Agreement. 18.3 Notification of Default. The Municipality shall notify MTO in writing immediately upon becoming aware that an Event of Default has occurred, or that any other provisions of this Agreement have been breached. 19.1 Amendments. - 14- 0) terminate this Agreement; (ii) suspend or cancel any or all of the Municipality's accounts with MTO; (iii) suspend or cancel any or all of the rights or privileges of the Municipality under this Agreement; and; or (iv) suspend or cancel any or all of the Passwords issued by MTO to the Municipality. ARTICLE 19 AMENDMENTS TO THE AGREEMENT The Municipality acknowledges and agrees that MTO shall have the right unilaterally to amend this Agreement from time to time. Such amendments shall become effective ten (10) days after the Municipality's receipt of written notice of such amendments (or at any later time specified in such notice). Notwithstanding the foregoing, MTO shall have the right unilaterally to amend the Fees set out in Schedule "C ", without notice to the Municipality. 19.2 Termination. If the Municipality receives a notice of any amendments under section 19.1, the Municipality shall have the right to terminate this Agreement effective upon written notice to MTO. 20.1 Accuracy. Any promotional or informational material disseminated by the Municipality in connection with the Licensed Information or access to the Licensed Information shall be accurate and shall be consistent with the terms and provisions of this Agreement, and shall contain only factual statements relating to the Licensed Information and the purpose and conditions of access as set forth in this Agreement. For the avoidance of doubt, nothing in this section 20.1 shall be deemed to limit or release the Municipality from any of the confidentiality, security or privacy provisions of this Agreement. 20.2 MTO Trade -Marks and Logo. ARTICLE 20 PROMOTIONAL MATERIAL Neither !MO's name nor any MTO trade -mark or logo may be used by the Municipality without the prior written consent of MTO. 21.1 Force Majeure. - 15 - ARTICLE 21 GENERAL PROVISIONS Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of that party, including acts of God, acts of war, fires, floods or other disasters, strikes. walkouts, lockouts. communication line or power failure, or failure, inoperability or destruction of computer hardware, software or firmware (unless caused by the negligence of that party), or any negligence, wilful misconduct or breach of this Agreement by the other party. 21.2 Non- Assignability. The Municipality may not assign or transfer this Agreement, or arty right under this Agreement, either in whole or in part Subject to this restriction, this Agreement shall enure to the benefit of, and bind, the parties and their respective successors and assigns. 21.3 Notices. 21.4 Waiver. (a) Any notification or other communication to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery. or sent by electronic facsimile. or mailed by a prepaid registered mail or delivered by courier service. Subject to change by either party with written notice in accordance with this section 21.3, notices shall be addressed in accordance with the addresses set out in Part A -2 of Schedule "A ". (h) Notices shall be deemed to have been effectively given on the dare of personal delivery, the date of electronic facsimile transmission or the date of delivery by courier service. or in the case of service by registered mail five (d) days after the date of mailing. Failure of MTO to complain of any act or failure to act of the Municipality, or to declare the Municipality in default, shall not constitute a waiver by MTO of its rights under this Agreement. No waiver of any rights under this Agreement shall be effective unless in writing, duly executed by A[FO. 21.5 Entire Agreement. This , agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes all prior understandings. discussions, negotiations. commitments, warranties and agreements. written or oral express or implied, between them. Notwithstanding the foregoing, this section 21.5 shall not serge to terminate or cancel any outstanding liability or payment arising out of any prior agreements or arrangements of the parties Frith respect to access to. and use ot. the Licensed Information. Except as expressly provided in this Agreement and subject to section 19.1. this Agreement may be amended or modified only by an instrument in en riting executed by each of the parties. 21.6 Survival of Provisions. Obligations under this Agreement which expressly or by their nature survive the termination or expiry of the Term will continue in force subsequent to. and in spite of, such termination or expiry until they are satisfied or by their nature expire. 21.7 Governing Law. This Agreement shall be deemed to have been formed in the Province of Ontario and shall be gov erned by the laws in force in Ontario and the laws of Canada applicable in Ontario). Each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising under, or related to, this Agreement. 21.8 Interpretation. (a) Headings are not to be considered part of this Agreement, and are included solely for convenience and are not intended to be full or accurate descriptions of the content of the paragraph. (b) In this Agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders: words importing persons include individuals, sole proprietors, corporations. partnerships. trust and unincorporated associations. (c) Unless specified otherwise in this Agreement, a reference in this Agreement to a statute refers to that statute as in force at the Effective Date and as the same may be amended. re- enacted, consolidated andior replaced from time to time, and any successor statute. A reference to a statute shall be deemed to include any regulations made under that statute. (d) For purposes of this Agreement, unless otherwise provided in this Agreement, a period of days or Business Days shall be deemed to: (e) - 16 - (i) begin on the first day after the event that began that period, and (ii) end at 5:00 p.m. (Eastern Standard Time or Eastern Daylight Savings Time, as the case may be) on the last day or Business Day, as the case may be, of that period. In this Agreement the words "include ", "includes" or "including" mean "include without limitation ", "includes without limitation" and "including without limitation ", respectively, and the words following "include ", "includes" or "including" shall not be considered to set forth an exhaustive list. IN WITNESS WHEREOF. each of the parties have executed and delivered this Agreement as of the date first above written. HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Transportation for Paul Brown, Director, Licensing Services Branch By Wilma Piovesan Manager, Information Management Services Oversight Office Date MUNICIPALITY: Print Name Title Date I have the authority to bind the organization_ Part A -1 A. Licensed Information: PLDABS - Plate by date Abstract with Address PLCABS - Certified Plate by Date Abstract with Address B. Permitted Recipient(s): Third party providers of parking ticket program software who may access Licensed Information solely for the purpose of supporting such software on behalf of the Municipality C. Delivery Channels: SCHEDULE "A" SPECIFICATIONS For Licensed Information Requests: Internet For Licensed Information Responses: Internet D. List of Supporting Documents: Security Statement, 9999 -12 -31 Authorized Application Signor Data & Signature. 9999 -12 -31 E Security Provisions and Standards: Security Provisions: Building is secured by employee access cards_ Five computer terminals are protected by individual employee passwords. Products are stored on electronic data base protected by password for each user. Part A -2 A. Addresses for Notice: (a) For NITO B. List of Authorized Staff: Information Management Services Oversight Office Main Floor, Building "A" 2680 Keele Street Downsview ONTARIO M3M 3E6 Attention: Coordinator, Business Information Services Unit Telephone: (416) 246 -71 12 Facsimile: (416) 235 -4465 (b) For the Municipality THE CORPORATION OF THE CITY OF NIAGARA FALLS Physical Address: 4310 Queen Street Niagara Falls, ONTARIO L2E 6X5 CANADA Mailing Address: 4310 Queen Street Niagara Falls, ONTARIO L2E 6X5 CANADA Attention: Mr. Paul Brown, Manager fo Parking Operations Telephone: (905) 356 -7521 Facsimile: (905) 356 -7521 Mrs. Toni Lynn Perrier, General Clerk 1I Mr. Paul Brown, Manager fo Parking Operations Mrs. Mary Muraco, First Attendance Clerk Nil Dean Iorfida, City Clerk Ms. Lorraine Racine, Temporary Clerk C. Records Custodians: (a) MTO: (Title) (Telephone Number) (b) The Municipality: (Title) (Telephone Number) Supervisor, Data Access Unit (416) 246 -7214 SCHEDULE "B" MUNICIPALITY EMPLOYEE SECURITY STATEMENT 02182 Employee Same: Division: Position #: THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Municipality ") is licensed to receive confidential and personal information (the "Information ") from files and data bases administered by the Ontario Ministry of Transportation ( "MTO "). MTO is committed to protecting. this Information from unauthorized access, use or disclosure. The following policies have been adopted to address employees' responsibilities for handling and protecting this Information. 2. As an employee of the Municipality, you may access this Information only when necessary to perform your duties as such employee in the course of your employment, and only for the following purposes. AU08 - Locating and invoicing owners of abandoned'iliegatly parked vehicles. For the avoidance of doubt. Licensed Information accessed and used for this Authorized Use cannot be disclosed to third parties for the purpose of collection of outstanding debts from the owners who have been located and invoiced. 3. You must not access or use this Information for personal reasons. (Examples of inappropriate access or misuse of Information include. but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives: accessing Information about another person, including locating their residence address, for any reason not related to your work responsibilities or not authorized by the Municipality.) 4 You may disclose Information only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include bur are not limited to looking up someone's address for a friend.) 5 You must take reasonable precautions to maintain the secrecy of any password you use to access information electronically. Reasonable precautions include, but are not limited to not telling others your password or knowingly allowing them to observe while you enter it at a terminal; and frequently changing your password (and. if you suspect your password has been used by someone else. changing it immediately and notifying the Municipality): and selecting random passwords that are not easy for others to guess. 6. You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal unattended while you are logged onto the system; exiting the database which contains any Information when you leave your workstation; securing your terminal with a locking device if one has been provided: storing in a secure place any user documentation to programs through which electronic access to any Information may be gained, and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Municipality. I have read and I understand the security policies stated above, and will comply with them and any other security policies issued in the future by the Municipality, MTO. I understand that failure to comply with these policies may result in disciplinary action by the Municipality and /or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed By Date Payment of Amounts (1) SCHEDULE "C" FEES AND PAYMENT SCHEDULE The Municipality shall pay MTO the following amounts for accessing the Licensed Information: (a) S8.25 of every allowance of S11 that the Municipality receives for each notice of impending conviction that the Municipality issues where a conviction is subsequently obtained under subsection 18.2(6) of the POA (the allowance is authorized by subsections 12(1), (3), O. Reg. 949 made under the POA); (b) subject to clause 1(2) of this Schedule, 58.25 of every allowance of 59.00 that the Municipality receives for each fine that it collects in connection with a conviction under section 18.4 of the POA (deemed not to dispute charge due to failure to appear at the time and place appointed for the hearing) (the allowance is authorized by subsection 12.1(1), O. Reg. 949 made under the POA). (2) Where the Municipality receives an allowance of less than 89.00 as authorized by subsection 12.1(1) of O. Reg. 949, it shall not remit the amount specified in clause (b). but instead it shall remit to MTO any amount it receives in excess of SO.75, up to the amount of 88.25. Method and Timing of Payment Subject to Clause 3 of this Schedule, the Municipality shall remit a payment by cheque which shall be received by MTO on or before the fifteenth day of each month for the amount prescribed in clause 1 above. The payment that is remitted to MTO shall be the amount owing to MTO from the previous calendar month and shall be accompanied by the corresponding monthly report (in accordance with section 9.1 of the Agreement). 3. Back Payment Between July 1, 1998 and the first day of the month in which this Agreement is executed, if the Municipality has accessed and used Licensed Information for which payment remains due and owing to MTO, the Municipality shall remit such payment by cheque to MTO within (30) days after the date of execution of this Agreement. Such payment shall be accompanied by monthly reports (in accordance with section 9.1 of the Agreement) containing the corresponding data for any month for which payment is outstanding. Payment Information Any payments owing to MTO under this Agreement or the Schedules made hereunder shall be made payable to the Minister of Finance/NMT0. All payments and any reports that are required to be sent to MTO under this Agreement or the Schedules made thereunder shall be sent to: Ministry of Transportation Information Management Services Oversight Office Attention: Supervisor, Data Access Unit 2680 Keele St., Building "A" Downsview ONTARIO M3M 3E6 1. Right of Audit. SCHEDULE "D" AUDIT, INSPECTION AND REVIEW MTO shall each have the right, from time to time, to Audit such of the Municipality's operations as relate to or are involved in the performance of the Municipality's obligations under this Agreement, including: (a) the Municipality's security arrangements (including the Security Statements and Contractor Security Agreements). and the Municipality's books and records; and (b) any media of. or in the possession of, the Municipality that contain any Confidential Information. 2. Timing of Audits. The Audits contemplated in this Schedule "D" may be conducted at any time during the Municipality's normal business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible Privacy Defaults, without prior notice). 3. Authorized MTO Representatives. MTO shall have the right to engage third party representatives to perform Audits contemplated in this Schedule "Ir. 4. Privacy Compliance. (a) Privacy - related Audits. Without limitation to the generality of this Schedule "D ". the Audit rights of MTO shall include the right to measure the Municipality's compliance with: (A) the Privacy Laws; (13) the provisions of this Agreement relating to the Municipality's compliance with the Privacy Laws; (C) the provisions of Articles 4 to 8 inclusive; and (D) any other provisions of this Agreement that relate to Personal Information or the Processing of Personal Information. b Privacy Compliance Meetings. In addition to performing the Audits contemplated in section 4 (a). MTO may require the Municipality to meet with NITO to review the results of such Audits as they relate to the matters referred to in section 4 (a). Such meetings shall be held at such times and places as NITO may mutually agree upon with the Municipality from time to time, acting reasonably. However, if as a result of any such Audit MTO has reason to believe that the Municipality has committed a Privacy Default. b1TO may require such meeting to be held within one (t) Business Day of MTO's notifying the Municipality in writing, that MTO wishes to hold such meeting_ 5. Performance Reviews. (a) Audits Relating to Overall Performance. Without limitation to the generality of this Schedule "D ". the Audit rights of MTO shall include the right to measure the Municipality's overall performance of its obligations under this Agreement. b) '.Meetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5 (a). MTO may require the Municipality to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 5 (a). Such meetings shall be held at such times and places as MTO (as the case may bet may mutually agree upon with the Municipality from time to time acting reasonably. 6. Location and Manner of Audits. The Audits contemplated in this Schedule "D" may be conducted on -site at the location(s) of any of the Municipality's businesses or operations that relate to, or are involved in, the performance of the Municipality's obligations under this Agreement or the exercise of the Municipality's rights under this Agreement, including the location(s) of any of the following: (a) the Security Statements or Contractor Security Agreements, or the Municipality's books and records: or (b) any media of. or in the possession of, the ylunicipality that contain any Confidential Information. Such Audits may be conducted in whole or in part by remote electronic means if the Municipality's electronic systems have the functional capability of facilitating such remote Audits. 7. Municipality Co- operation. The Municipality shall ful■; co- operate with MTO in facilitating the conduct of any Audits contemplated in this Schedule "D ", including providing such access, documentation, information, copies of documentation and information, and assistance as MTO may reasonably request for the purpose of such Audits. 8. Duration of Audit Rights. The audit rights of MTO shall continue in effect for a period of three (3) years after the expiration or termination of the Agreement. 9. Correction of Defaults. Without limiting or restricting any other obligations of the Municipality, or rights or remedies of MTO, under this Agreement or at Law or in equity: (a) the Municipality shall, at its sole cost, correct any breaches by the Municipality of this Agreement (including any Privacy Defaults) identified through an Audit (and in respect of which NIT() has provided written notification to the Municipality). Such corrections shall be done as expeditiously as reasonably possible and in any event within the applicable cure period (if any) provided in section 18.1 of the Agreement. (b) the Municipality shall notify MTO in writing upon such breaches having being corrected. (0) After receiving such notification from the Municipality, MTO may conduct a follow up Audit to confirm that all such breaches have been corrected. (d) If requested by MTO in the notification referred to in section 9 (a): 10. Costs of Audit. (a) 11. Without Prejudice. (i) the Municipality shall provide to MTO, within ten (10) days of receiving the notification referred to in section 9 (a) (or within five (5) days of receiving such notification, where such breaches constitute Privacy Defaults), a reasonable written plan outlining the steps the Municipality will take to ensure that such breaches do not occur again; and (ii) the Municipality shall implement the plan provided under section 9 (d)(i). All costs incurred by the Municipality in connection with the Audits contemplated in this Schedule "D" shall remain solely the responsibility of the Municipality. (b) Except as provided in section 10 (c), all costs incurred by MTO in connection with the Audits contemplated in this Schedule "D" shall remain solely the responsibility of MTO. (c) Despite section 10 (b), if any Audit contemplated in this Schedule "D" discloses a material default by the Municipality under this Agreement, then the Municipality shall reimburse MTO for MTO's reasonable and verifiable costs of conducting such Audit. For the avoidance of doubt, nothing in Schedule "D" shall be deemed to limit or prejudice the rights of MTO or the obligations of the Municipality under any other provision of this Agreement or at law or in equity. Payment Categories No. of Fully Paid Tickets Municipality Service Fee Total Amount Remitted to "Deemed Not to Dispute" (Article 4.1 (1) b of the Authorized Requester Agreement) (1) (2) ( "Fail to Respond" (payment received after Notice of Fine and Due Date but before plate denial) (Article 4.1 (1) a of the Authorized Requester Agreement) (4) (5) This is $.75 times box (4) (6) This is $8.25 times box (4) "Fail to Respond" (payment received after plate denial) (Article 4.1(1) a of the Authorized Requester Agreement) (7) (8) This is $.75 times box (7) (9) This is $8.25 times box (7) Totals: (10) (1 1) (12) Amount of Cheque attached (sane as box 12) Cheque No. issue Date Signature of Treasurer or Chief Financial Officer SCIIEUULE "E ": MONTHLY REPORT Municipality Monthly Court Cost Payment Report to Ministry of Transportation Municipality Reporting Period (yyyy /mm /dd) to (vyyy /inm /dd) Customer (POA) A/C No. Conditions: Please make chcques_pavable to Minister of Finance /Minittryof "transportation These cost payments are collected by the nn andlowarded to the Ministry of Trnnsportatiou under the authority of POA Regulations 945 and 949 and the Government Authorized Requester Agreement between the municipality and .Ministry oil ransportation. Hoc cost payment and the report should be forwarded to: Ministry of Transportation Information Management Services Oversight Office Attn: Supervisor, Data Access Unit 2690 Keele Street Downsview ONTARIO M3M 3F6 Stages Data Requested Volume Parking Infraction Notices issued Number of Parking Infraction Notices Issued 1 Total Number Elected Trial 2 Number Attended Number Failed to Show Up Number Paid Prior to NW Notice of Impending Conviction (NIC) Number of NIC Issued Number of Tickets Paid After NIC Issued Notice of Fine and Due Date (NFDD) Number ofNFDD Issued Number of Tickets Paid After NFDD Issued but Before Plate Denial Total Amount Paid After NFDD Issued but Before Plate Denial ($) Plate Denial Number of Tickets Resulting in Plate Denial Number of Tickets Paid w/ Plate Renewal Total Amount Paid w/ Plate Renewal ($) Total Amount Outstanding at Plate Denial ($) Outstanding Number of Tickets Receiving Partial Payment Number of Outstanding Tickets Due to Extension Number of Outstanding Tickets Due to Other Reasons Stopped/cancelled Number of Tickets Stopped / Cancelled Re- opening Number of Tickets of Re- opening SCHEDULE "F" - ANNUAL REPORT Annual Program Performance Statistics from Municipality to Ministry of Transportation Reporting Period (yyyy /nuu /dd) to (yyyy/nno /dd) Name of municipality: Customer A/C No: 02182 Please Send to: Ministry of Transportation Information Management Services Oversight Office Attn: Supervisor, Data Access Unit 2680 Keele Street Downsview ONTARIO M3M 3E6 1 For the first annual report (1998/99), this represents number of tickets issued from July 1, 1998 to March 31, 1999. Subsequent years are from April 1 till March 31. 2 Data required for this row and below will be referring to all tickets issued from July 1, 1998 onwards tdl the end of the reporting year. Month 'total Amount Remitted to Ministry from Municipality Pursuant to Number Of Plate Inquiries Requested By The Municipality Certified Uncertified April May June July August September October November December January February March Yearly Totals SCHEDULE "C" - NIINISTRY REPORT Annual Report tram Ministry at'I ransportatian to Reporting Period (yyyy /mm /dd) Name of Custoiner AI(' 02182 to (yyyy /mm /dd) Permitted Recipient: [Insert Name of Permitted Recipient ( "you" or "your ") Municipality Name: THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Municipality") Permitted Purpose(s): Supply andior support of software and/or hardware and/or programming related to the Municipality's Municipal Parking Tag Program and the data received by the municipality from the Ministry of Transportation in relation to the municipality's Municipal Parking Tag Program NON- DISCLOSURE AGREEMENT PERMITTED RECIPIENT 02182 For sufficient valuable consideration you acknowledge having received (and as a condition of receiving Confidential Information from the Municipality), you understand and agree as follows: Under an agreement (the "Requester Agreement") with the Ontario Ministry of Transportation ( "MTO "), the Municipality is licensed to receive confidential and personal information (the "Licensed Information ") from files and databases administered by MTO. II. The Municipality and MTO are committed to protecting all of this Licensed Information and any information derived from the Licensed Information, (all of which is together referred to as the "Confidential Information ") from unauthorized access. use or disclosure. [[l. The following policies, and any future policies issued by MTO and the Municipality and provided to you in writing, (the "Policies ") set out your responsibilities for handling and protecting this Confidential Information. As a permitted recipient of the Confidential Information (a "Permitted Recipient ") you are bound by these Policies: Ownership: You acknowledge and agree that the Confidential Information is and will at all times remain solely the property of MTO. Confidentiality and Use: You must hold all of the Confidential Information in strict confidence. Without limiting the generality of this obligation, you must NOT directly or indirectly do any of the following: (a) disclose, make available, or provide or permit access to or use of, any Confidential Information to ANY other party (including, but not limited to, any third party contractor) for any purpose. The ONLY exception is that you may permit those of your employees who need to know that Confidential Information for the Permitted Purpose(s) indicated above. This exception only applies after you have fully informed those employees of, and required those employees to fully comply with, the Policies, and have obtained from each of the employees a signed Employee Security Statement in the form appended to this Agreement as Schedule "A "). You will be fully liable to the Municipality and MTO for any failure of your employees to fully comply with the Policies. Future Policies will be considered to have been "issued" by MTO or the Municipality when you are notified in writing of those Policies; (b) make any full or partial copies (in any format or media) of any of the Confidential Information (other than copies necessary to carry out the Permitted Purpose(s)). (c) use any of the Confidential Information for any purpose other than the Permitted Purpose(s). To avoid any doubt, you must never access, use or disclose any of the Confidential Information for any reasons that do not meet both of the above requirements, such as for personal reasons (e.g. looking up someone's address for a friend). 3. MTO Audit: You must accommodate audits by MTO in accordance with the MTO Audit Policy (a copy of which is appended to this Agreement as Schedule "B ", and which you acknowledge having, read and understood), and fully co- operate with and assist MTO in carrying out such audits in accordance with such MTO Audit Policy. 4. access and Use Only From Premises Approved by Municipality: You may only access and use the Confidential Information from premises approved by the Municipality. You must never copy or remove any Confidential Information from such premises. Data .Matching or Profiling: Subject to the Permitted Purposes referred to above, you must not: (a) develop or derive for any purpose whatsoever, any other product, work or database, in human - readable or machine- readable form or otherwise, that incorporates, modifies, or uses in any manner whatsoever. any personal information contained in or obtained from the Confidential Information. (This does not, however, apply to any specific personal information that you had in your possession prior to receiving the Confidential Information): or (hi place any data which was not obtained directly or indirectly from the Municipality. into a database containing personal information obtained directly or indirectly from the Municipality. 6_ No Contacting Individuals: You must not use the Confidential [nformation directly; or indirectly to locate or contact any individual to whom the Confidential Information is directly or indirectly referable (a) To avoid any doubt, nothing in this Policy 9 will limit or release you from any of your other obligations under this Agreement, which obligations will remain in full force and effect. Comply with Law: You must at all times remain in fall compliance with all applicable laws relating to any access, use or disclosure of any personal information contained in the Confidential Information. You must also comply with any written instructions or directions from MTO from time to time concerning such personal information (to the extent that the Municipality notifies you of such instructions or directions). 3. Secrecy of Passwords: You must take reasonable precautions to maintain the secrecy of any password you use to access Confidential Information electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing them to observe white it is entered at a terminal; frequently changing your password (and, if you suspect your password has been used by someone else, changing it immediately): and selecting random passwords that are not easy for others to guess. Access to Terminals: You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include. but are not limited to: not leaving your terminal unattended while togged onto the system: exiting the database which contains any Confidential Information when leaving the workstation; securing your terminal with a locking device if one has been provided; and storing in a secure place any user documentation to programs through which electronic access to any Confidential Information may be gained. IV All of your obligations in this Agreement will survive the expiry or any termination of your relationship with the Municipality, and will continue in full force and effect subsequently until they are satisfied or by their nature expire. If any provision of this Agreement is illegal, invalid or unenforceable, it wilt be severed. No waiver of any provision of this Agreement by the Municipality will constitute a waiver of any other provisions (whether or not similar) or a continuing waiver. This Agreement will be governed by Ontario law and the laws of Canada applicable in Ontario. You and the Municipality agree to attorn to the non - exclusive ,jurisdiction of the courts of Ontario for the resolution of any disputes arising out of. or in connection with, this Agreement. This Agreement may not be assigned by you. but otherwise will be binding upon and enure to the benefit of you and the Municipality and the respective heirs, executors, administrators, successors and permitted assigns of you and the Municipality. VI. MTO Right to Enforce this Agreement: You and the Municipality acknowledge and agree that: (a) While MTO is not a party to this Agreement and has no obligations under this Agreement. MTO wilt have the right to directly enforce your obligations in clause 111 above as if MTO were a party to this ,agreement. (h) In furtherance of clause (a) above, the Municipality will be a trustee of MTO and MTO's successors and assigns) for the limited purpose of VII. holding your obligations in clause III above in trust for MTO (and MTO's successors and assigns). (And to the extent that clause III incorporates any defined terms, the definitions of such terms as provided in this Agreement will be considered to be incorporated into clause III for the purposes of this clause VI); (c) To avoid any doubt, this means that in addition to the Municipality enforcing your obligations under this Agreement (in the Municipality's capacity as a party to this Agreement), MTO (and MTO's successors and assigns) may also enforce your obligations in clause III above in MTO's own right (and MTO will not be required to add the Municipality as a party to any proceedings for such enforcement); and (d) The trust created in favour of MTO (and its successors and assigns), as contemplated above, being coupled with an interest, may not be revised or revoked without the prior written consent of MTO (or such successors and assigns, as the case may be). You acknowledge that you have read and understand the provisions of this Agreement (including, but not limited to, the Policies set out or referred to above), and will comply with them and with any other Policies issued in the future by MTO or the Municipality. You understand that failure to comply with the Policies or any such other Policies or changes will be a breach of this Agreement and (among other things) may result in civil or criminal prosecution in accordance with applicable statutes. Insert Name of Permitted Recipient Authorized Signature of Permitted Recipient Date: Insert Name of Municipality Authorized Signature of Municipality Date: SCHEDULE "A" of NON- DISCLOSURE AGREEMENT PERMITTED RECIPIENT EMPLOYEE SECURITY STATEMENT (Permitted Recipient) Permitted Recipient Name: Employee Name: Division: Position 4: THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Municipality ") k licensed to receive confidential and personal information (the "Information ") from files and databases administered by the Ontario Ministry of Transportation ( "MTO "). Under an agreement with the Municipality. (the "Permitted Recipient ") has been authorized to access the Information. The :Municipality and MTO are committed to protecting this Intormation from unauthorized access. use or disclosure. The following policies have been adopted to address employees' responsibilities for handling and protecting this Information. As an employee of the Permitted Recipient. you may access this Information only when necessary to perform your duties as such employee in the course of your employment. and only for the following, purposes: Supply and, or support of software and or hardware and or programming related to the Municipality's Municipal Parking Tag Program and the data received by the municipality from the Ministry of Transportation in relation to the municipality's Municipal Parking Tag Program. 3. YOU must not access or use this Information for personal reasons, (Examples of inappropriate access or misuse of Information include, but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives. accessing Information about another person, including locating their residence address. for any reason not related to your work responsibilities or not authorized by the Permitted Recipient.) 3 You may disclose Information only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include but are not limited to looking up someone's address for a friend ) 4. You must take reasonable precautions to maintain the secrecy of any password you use to access Information electronically. Reasonable precautions include. but are not limited to: not telling others your password or knowingly allowing them to observe white you enter it at a terminal and frequently changing your password (and. if you suspect your password has been used by someone else. changing it immediately and notifying the Permitted Recipient): and selecting random passwords that are not easy for others to guess. _. You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal unattended while you are logged onto the system: exiting the database which contains any Information when you leave your workstation: securing your terminal with a locking device if one has been provided: storing in a secure place any user documentation to programs through which electronic access to any Information may be gained: and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Permitted Recipient. 1 have read and I understand the security policies stated above, and will comply with them and any other security policies (or changes to policies) issued in the future by the Permitted Recipient, Municipality or 1ITO. 1 understand that failure to comply with these policies (or any such other policies or changes to policies) may result in disciplinary action by the Permitted Recipient and /or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed By Date Permitted Recipient: [Insert Name of Permitted Recipient] ( "you" or "your ") Municipality Name: THE CORPORATION OF NIAGARA FALLS THE CITY OF (the "Municipality ") SCHEDULE "B" of NON- DISCLOSURE AGREEMENT PERMITTED RECIPIENT MTO AUDIT POLICY 02182 (Permitted Recipient) This is the MTO Audit Policy referred to in the Permitted Recipient Non - disclosure Agreement that you signed with the Municipality (the "Permitted Recipient Non - disclosure Agreement "). Capitalized terms that are used in this MTO Audit Policy, but not defined in this MTO Audit Policy, have the meanings given to them in the Permitted Recipient Non- disclosure Agreement. In this MTO Audit Policy, the following defined terms have the following meanings: "Audit" and similar expressions means the performance by, on behalf of or for MTO of such audits. reviews, investigations, inspections, confirmations. certifications, tests, studies and determinations of or relating to any matter or thing pertaining to what is contemplated in clause (i) or (ii) of section 1 below. "Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public service holiday observed in the Province of Ontario. "include ", "includes" or "including" mean "include without limitation ", "includes without limitation" and "including without limitation ", respectively, and the words following "include ", "includes" or "including" will not be considered to set out an exhaustive list. "Privacy Default" means a breach of: (i) any Privacy Laws, or (ii) any of the provisions of the Permitted Recipient Non- disclosure Agreement. "Privacy Laws" means the Freedom of Information and Protection of Privacy Act (Ontario), and the provisions of any other law from time that are applicable to you and that address the collection, use or disclosure of personal information. Right of Audit. MTO will have the right, from time to time, to Audit such of your businesses and operations as relate to, or are involved in, the your possession or control of Confidential Information. Subject to the provisions of this MTO Audit Policy and applicable law (including the Privacy Laws and the provisions of any other law from time that are applicable to MTO and that address the collection, use or disclosure of personal information) from time to time (including any disclosures that may be required by such laws), and subject to any agreements between MTO and its employees from time to time, MTO will (and will require any third party representatives referred to in section 3 to) hold in confidence any of your confidential information which is disclosed or made available to MTO (or such third party representatives) in connection with an Audit carried out under this MTO Audit Policy. Timing of Audits. The Audits contemplated in section 1 may be conducted at any time during your normal business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible Privacy Defaults, without prior notice). 3. Authorized MTO Representatives. MTO will have the right to engage third party representatives to perform Audits contemplated in section 1. 4. Privacy Compliance. (a) Privacy- related Audits. Without limiting the generality of section I, MTO will have the right to conduct the Audits contemplated in section 1, to measure your compliance with: (A) the Privacy Laws; or (B) the provisions of the Permitted Recipient Non- disclosure Agreement. (b) Privacy Compliance Meetings. In addition to performing the Audits contemplated under section 1.4(a), MTO may require you to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 4(a). Such meetings will be held at such times and places as MTO may mutually agree upon with you from time to time acting reasonably. However, if as a result of any such Audit \1TO has reason to believe that you have committed a Privacy Default, MTO may require such meeting to be held within one (1) Business Day of NITO notifying you in writing that MTO wishes to hold such meeting. 5. Performance Reviews. ci Audits Relating to Overall Performance. Without limiting the generality of section L MTO will have the right to conduct the Audits contemplated in section 1, to measure your overall performance of your obligations under the Permitted Recipient Von - disclosure Agreement. d) Jeetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5(a), MTO may require you to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 5(a). Such meetings will be held at such times and places as MTO may mutualyy agree upon with you from time to time acting reasonably. 6. Location and Manner of Audits. The Audits contemplated in section 1 may be conducted on -site at the tocation(s) of: (i) any of your businesses or operations that relate to or are involved in the performance of your obligations to the Municipality. or (ii) any media in your possession or control that contains Confidential information. Such audits may be conducted in whole or in part by remote electronic means it' your computer systems have the functional capability of facilitating such remote Audits. Co- operation. You must fully co- operate with MTO in facilitating the conduct of any Audits contemplated in section (. including providing such access. documentation. information. copies of documentation and information, and assistance as MTO may reasonably request for the purpose of such Audits. d. Duration of. Audit Rights. MTO's Audit rights as contemplated in section 1 will be in force from the date you receive a copy of this MTO Audit Policy to the date which is three years after you cease to be a Permitted Recipient. 9. Correction of Defaults. Without limiting or restricting any other obligations you may hare_ or rights or remedies MTO may have. under this NITO Audit Policy or at law or in equity: 10 Costs of Audit. You wilt, at your sole cost, correct any Privacy Defaults (including any breaches of the Permitted Recipient Non- disclosure Agreement) identified through an Audit land in respect of which MTO provides written notification to you). and will do so as expeditiously as reasonably possible and in any event within four (24) hours of receiving notice of such Privacy Default from MTO. (bl You will notify MTO in writing upon such breaches having being corrected. (c) After receiving such notification from you, MTO may conduct a follow up Audit to confirm that alt such breaches have been corrected. d) If requested by MTO in the notification referred to in section 9(a): (i) you will provide to MTO. within five (5) days of receiving the notification referred to in section 9(a), a reasonable written plan outlining the steps you will take to ensure that such Privacy Defaults do not occur again: and (ii) you will implement the plan provided under section 9(d)(i). a) All costs incurred by you in connection with the Audits contemplated in section 1 will remain solely your responsibility. (b) Except as provided in section l0(c). all costs incurred by NITO in connection with the Audits contemplated in section 1 will remain solely the responsibility of MTO. 11 Without Prejudice. (c) Despite section l.10(b): (i) if any Audit contemplated in section 1 discloses a material uncured default by you under the Permitted Recipient Non- disclosure Agreement, then you must reimburse MTO for MTO's reasonable and verifiable costs of conducting such Audit; (ii) if any Confidential Information is in your possession or control at a location outside of Ontario, then you must reimburse MTO for MTO's reasonable and verifiable costs of conducting Audits (as contemplated in section 1) at such location(s) outside of Ontario. However. MTO shall only have the right to obtain reimbursement under this section 10(c)(ii) in respect of one such Audit in each calendar year. (Note: to avoid any doubt, nothing in this section t0(c)(ii) will be considered to in any way reduce or waive your obligations under section 4 of the Permitted Recipient Non - disclosure Agreement.) To avoid any doubt. nothing in this MTO Audit Policy will be deemed to limit or prejudice MTO's rights or your obligations under the Permitted Recipient Non- disclosure Agreement or at law or in equity. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. WHEREAS it has been the municipality's practice to consolidate fees and charges in a booklet for the ease of the public; and WHEREAS all the charges contained within the by -law and booklet were previously approved by Council: and WHEREAS a copy of this by -law, in the form of a booklet, will be available at City Hall for public consumption. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the fees and charges for various services licences and publications for the City of Niagara Falls are hereby imposed as set out in Schedule A, attached to this by -law. That By -laws 2010 -84 is hereby repealed. Passed this twenty- seventh day of June, 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 27, 2011. Second Reading: June 27, 2011. Third Reading June 27, 2011. Niagarara1Is Schedule of fees For Services Recreation & Culture Table of Contents Clerks & By -law Services 1 Finance 4 Legal Services 6 Business Development 6 Planning. Building & Development 7 City Development Charges 14 Municipal Works 15 • Cemetery Services 17 • Columbarium 20 Fire Services 22 • Arenas 24 • Room Rentals - MacBain Community Centre, Gale Centre. Chippawa Arena 24 • Public Skating 25 • Pools 25 • Special Events 25 • Athletic Field Turf 26 • Artificial Field Lighting 26 • Coronation 50 Plus Recreation Centre 27 • Museums 28 Transportation Services 30 Notes 31 Clerks Department 'ration Date Licence Amusement Place, Etc. Auctioneers Bake Shops Barber Shops, Hair Dressing and Esthetician Establishments Bill and Sign Positing and Installation Billiard, Bagatelle and Pool Establishments • Plus rate per table Bowling Alleys - per lane Rate 45.00 65.00 30.00 30.00 100.00 N/A N/A N/A N/A N/A 70.00 N/A 20.00 N/A Niagararalls April 30 December 31 December 31 December 31 December 31 December 31 December 31 20.00 N/A December 31 Butchers 30.00 N/A December 31 Camping Establishments 110.00 N/A April 30 Commercial Parking Lots 100.00 N/A December 31 Dealers in Old Gold or Other Precious Metals 110.00 N/A December 31 Driving Schools 60.00 N/A December 31 Driving Instructors 25.00 N/A December 31 Exhibitions, Etc. 45.00 N/A April 30 Flea Markets for first 3 consecutive days • Plus additional rate per day Food Premises Laundrymen, Laundry Companies, Dry Cleaners, Etc. Motels per room • Plus rate per room Pawn Brokers Pedlars (1) Resident (2) Non - Resident 650.00 N/A December 31 100.00 N/A to a maximum of $1,150 in one calendar year 30.00 N/A December 31 30.00 N/A December 31 40.00 N/A April 30 5.00 N/A April 30 110 00 N/A December 31 110.00 N/A December 31 650 00 N/A December 31 Clerks Department Licence Photographers (1) Resident (2) Non - Resident Public Garages, Automobile, Service Stations (1) Garages (2) Auto Service Stations Public Halls (1) Grade I - Capacity 1,000+ (2) Grade II - Capacity 600 -999 (3) Grade III - Capacity 300 -599 (4) Grade IV - Capacity 299 -under Refreshment Vehicles (1) Motorized (2) Non - Motorized Restaurants (3) Charitable Groups for first 3 days • Plus additional rate per day $ Rate $ HST 65.00 N/A 140.00 N/A 30.00 N/A 30.00 N/A 45.00 N/A 40.00 N/A 35.00 N/A 30.00 N/A 185.00 N/A 100.00 N/A 40.00 N/A Expiration Date 1.* .\iagaraJa[ls December 31 December 31 December 31 April 30 April 30 Specific Location Daily Sales (1) Resident 150.00 N/A to a maximum of $1.000 in one (2) Non - Resident for the first day 500.00 N/A calendar year • Plus additional rate per day 100.00 N/A 325.00 N/A to a maximum of $575 in one 50.00 N/A calendar year Tattoo and Body Piercing Parlours 100.00 N/A December 31 Theatres 110.00 N/A December 31 Therapeutic Massage 75.00 N/A December 31 Massagist (R.M.T.) 25 00 N/A December 31 Tourist Homes, Bed & Breakfasts 65.00 N/A April 30 Second Level Lodging 200.00 N/A December 31 Group Homes 25.00 N/A December 31 Clerks Department Marriage Licence (payable at the time of application) Other Licences • Master Plumber Journeyman Plumber Rate $ HST Expiration Date Adult Entertainment Licence Fees Owner of a Body -Rub Parlour Operator of a Body -Rub Parlour Body- Rubber at a Body -Rub Parlour Owner of an Adult Entertainment Parlour Operator of an Adult Entertainment Parlour Entertainer at an Adult Entertainment Parlour Owner of an Adult Store Seasonal Business Services Licences Seasonal Business Services Licence Monthly Business Services Licence Administrative Fee* 125.00 40.00 15.00 N/A N/A N/A HST 2,500.00 N/A 400.00 N/A 250.00 N/A 2,500.00 N/A 750.00 N/A 125.00 N/A 200.00 N/A $ Rate $ HST 1,200.00 N/A valid from Victoria Day weekend until Canadian Thanksgiving 300.00 N/A 300.00 N/A NiagaraFalls December 31 December 31 Expiration Date Expiration Date valid for four (4) consecutive weeks • This processing fee is due and payable at the time the application for a licence is made. and it is not refundable. notwithstanding that the application for a licence may be withdrawn or refused for any reason. Should the licence be issued the administration fee will be deducted from the seasonal or monthly fee. By -law Services $ Fee $ HST $ Total Sign Removal Administration Fee 50.00 N/A 50.00 By -law Booklets 5.00 .65 5.65 Litter By -law Administration Fee 300.00 N/A 300.00 Meter Size 15 mm (0 58) 18 mm (0.75) 25 mm (1.00) 37 mm (1 50) 50 mm (2.00) 75 mm (3.00) 100 mm (4.00) 150 mm (6.00) 200 mm (8.001 250 mm (10.00) Inc. \iagarafalls Finance Water Rates Service Charge* - Water (See table below) Service Charge* - Sewer (See table below) * Service Charges are based on the meter service size. Consumption Charge - Water - $0.9072 per cubic meter Consumption Charge - Sewer - $1.012 per cubic meter Rate Table for Monthly Service Charges Water Sewer $ Fee $ Fee 21.88 20.20 21 88 20.20 21.88 20.20 65.65 60.60 131.29 121.21 262.59 242.41 481.41 444.43 919.05 848.45 1,641 16 1,515,09 2,297.62 2,121 13 " Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 5 %. Please Note: All water accounts are being billed and collected by Niagara Peninsula Energy Inc. Please remit payments to Niagara Peninsula Energy Finance Water Installation of Water Service or Meter Installations: • 3/4" Residential Water Service • over 3/4" Water Service City supervised tapping fees • 3/4" - 5/8" up to and including 1 "service • 2" service and above Shutting Off or Turning On Water Supply • during Normal Working Hours • outside Normal Working Hours Meter Removal /Installation • during normal working hours (per hour / per city employee) • outside normal working hours (per hour / per city employee) Meter Removal /installation For Testing • deposit • actual costs additional if meter is functioning Hydrant Flushing /Testing • per hydrant Bulk Water Distribution System • purchase card Administration Fee for Water Arrears Transferred to Property Taxes Note: For the purpose of this By -law, normal working hours shall mean Monday to Friday (exclusive of holidays) between 8 a.m. and 4 p.m. Tax information Tax Certificate per Property Tax Information per Property Registration Fees - Costs plus • Mortgage Letter • Farm Debt Letter • Final Letter Interest / Penalty on Tax Arrears Extension Agreements Personal Tax Information Copy • Current Year • One Year • Two Years and Prior Mortgage Company Administration Fee Licences Dog Licence • Neutered • Non - neutered Sundry Returned Cheque Fee per Account ne 1,650.00 Actual Cost N/A 1,650.00 N/A Actual Cost 100.00 N/A 100.00 400.00 N/A 400.00 55.00 N/A 55.00 175.00 N/A 175.00 40.00 N/A 40.00 100.00 N/A 100.00 75.00 N/A 75.00 50.00 N/A 50.00 15.00 N/A 15.00 22.00 N/A 22.00 S Fee 50.00 40.00 35.00 N/A 35.00 35.00 N/A 35.00 35.00 N/A 35.00 1.25% 1.25% 500.00 no charge 1.00 15.00 10.00 20.00 40.00 35.00 N/A N/A N/A N/A N/A N/A \iagarafa(Is S HST $ Total N/A 50.00 N/A 40.00 N/A 500.00 no charge 1.00 15.00 10.00 `S HST . S Total 20.00 40.00 HST $ Totat 35.00 Legal Description Preparation of Subdivision Agreement Preparation of Development Agreement Preparation of Condominium Agreement Preparation of Site Plan Agreement Preparation of Amending Site Plan Agreement Preparation of Section 37 Agreement Preparation of Conservation Easement Agreement Preparation of Encroachment Agreement Preparation of Easement Agreement Preparation of Lease / Licence Agreement with the City Preparation of Release of Easement Preparation of Registration Documentation for Part Lot Control By -law Preparation of Registration and Discharge of Property Standards Order Preparation of All Other Agreements Property Inquiry Fee Subject to Applicable Disbursements Description Annual Sign Panel Fee - Stanley Avenue Business Park Association - 6500.00 per panel (4 panels) Term October 1, 2011 to September 30. 2012 $ Fee* 3,500.00 3,500.00 3,500.00 1,500.00 650.00 1,000.00 750.00 500.00 500.00 500.00 150.00 200.00 150.00 1,500.00 500.00 $ Fee 500.00 $ HST N/A N/A $ HST 65.00 \iagaapl $ Total 3,500.00 3,500.00 N/A 3,500.00 N/A 1,500.00 N/A 650.00 N/A 1,000.00 N/A 750 00 N/A 500 00 N/A 500 00 65 00 565.00 N/A 150 00 N/A 200.00 N/A 150 00 195.00 1,695.00 N/A 500.00 Business Development $ Total 565.00 Planning, Building & Development Official Plan Amendment Application Official Plan Amendment Application Zoning Amendment Application High Rise Hotels Standard Complex Public Renotification Mailing Renotification Reassessment requiring a further report Newspaper Renotification (5600.00 deposit payable with application) Official Plan & Zoning Amendment Application (Combined) High Rise Hotels All Other Lands Site Plan Application High Rise Hotels All Other Lands (including Testamentary Devise) Amendment to Site Plan Agreement Site Plan Compliance Letter N/A 9,150.00 $ Fee $ 10,900.00 N/A 4,200.00 9,150.00 $ Fee N/A N/A N/A N/A rA Niagarafnlls 9,150.00 $ Total 10,900.00 4,200 00 9,150.00 $ Total 262.50 400.00 Actual Cost 262.50 400.00 Actual Cost Fee $ HST $ Total 12,150.00 N/A 12,150.00 10,125.00 N/A 10,125.00 $ Fee $ HST 4 Total 4,500.00 N/A 4,500.00 3,000.00 N/A 3,000.00 1,225.00 N/A 1,225 00 175.00 N/A 175.00 Notes: Additional fees from the Legal Department are required for applications requiring agreements and registration of some by -laws. Planning, Building & Development $ Fee Plan of Subdivision Application Residential Plan Modifications to Draft Plan Approval Extension to Draft Plan Approval Plan of Condominium Vacant Land Conversion Standard Extension of Draft Plan Modification of Draft Plan - Vacant Land Condominium Modification of Draft Plan - Standard / Conversion Part Lot Control Separation of Semi - detached / On- street Townhouse Units Deeming By -law Property Relotting Committee of Adjustment Consent / Severance Application • Rescheduling / Renotification • Change of Conditions 10,125.00 2,000.00 875.00 $ Fee \ iaga rafalls $ HST $ Total N/A 10,125.00 N/A 2,000.00 N/A 875.00 $ HST $ Total 7,500.00 N/A 7,500.00 2,062.50 N/A 2,062.50 1,312.50 N/A 1,312.50 875.00 N/A 875.00 2.000.00 N/A 2. 1,000.00 N/A 1,000.00 $ Fee $ HST $ Total 1,187.50 N/A 1,187.50 1,1 87.50 N/A 1,187 50 2,662.50 N/A 2,662.50 $ Fee $ HST $ Total 2.550.00 N/A 2,550.00 175.00 N/A 175.00 175.00 N/A 175.00 Minor Variance 1,575.00 N/A 1,575.00 • Rescheduling / Renotification 175.00 N/A 175.00 Environmental Information Letter 175.00 N/A 175.00 Zoning Confirmation Letter 175.00 N/A 175.00 Sign By -law Variances $ Fee $ HST $ Total Variance to Sign By -law 1,575.00 N/A 1,575 00 Sign By -law Amendment 4,200.00 N/A 4.200 00 Sidewalk Cafes $ Fee $ HST $ Total Sidewalk Cafe Application 500.00 N/A 500.00 Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review. where applicable. Planning, Building & Development $ Tel Publications Official Plan Zoning By -law 79 -200 (as amended) Community Improvement Plans • Brownfield C.I.P. • Brownfield Strategy • Pilot Project Area • Financial Incentives • Main & Ferry SWOT Analysis Report • Historic Drummondville CIP • Land Use Plan • Conceptual Urban Design Guidelines Urban Woodlot Study Accommodations & Attractions Inventory Garner Neighbourhood Secondary Plan Tourism Policy Review Tourist Area Development Strategy Tourist Area Development Application Guide Sign By -law Review Study Streetscape Master Plan Reverse Lot Frontages Interim Guidelines (1989) Site Plan Policy & Standards (copy included with application) Sidewalk Cafe Smart Growth in Niagara High -rise Hotel Development Inventory Heritage Walking Tours Copies of Out -of -Print Materials Other Photocopying - 4 pages or more - Black & White Date Base Information (Population /Spreadsheet Reports /Statistical Data) Fee 39.82 39.82 \iagarafalls 5 18 45.00 5.18 45.00 8.85 1.15 10.00 4.43 .57 5.00 4.43 .57 5.00 No Charge 4.43 .57 5.00 8.85 1 15 10.00 4.43 .57 5.00 4.43 .57 5.00 26.55 3.45 30.00 22.12 2.88 25.00 13.28 1.72 15.00 13.28 1.72 15 -00 13.28 1.72 15.00 4.43 57 5.00 13.28 1.72 15.00 13.28 1 72 15.00 8.85 1.15 10.00 8.85 1.15 10.00 8.85 1.15 10.00 4.43 .57 5.00 No charge No charge 35.40 4.60 40.00 $ Fee .24 To be negotiated $ HST $ Total 03 27 \iagaraJnlls Planning, Building & Development The permit fee for the construction of a building, structure or addition, listed by classification of major occupancy, is calculated on the basis of the Gross Floor Area of the building or addition, as applicable, multiplied by the corresponding figure shown below for each class of permit. Institutional Buildings Hospital. Nursing Home, Reformatory, Prison, and Occupancies of a similar nature. Residential Buildings Single family dwelling, semi - detached dwelling, duplex dwelling Townhouse Add for finished basement, in any of the above Apartment Building Hotel / Motel / Bed & Breakfast $ /Sq.ft. $ /Sq.m Assembly Buildings School, Church, Restaurant (over 30 seats), Library. Theatre, Educational or Recreational Facility and Occupancies of 1.446 15.57 a similar nature. Casino 2.340 25.25 $ / Sq.ft. $ / Sq. m 1.446 15.57 $ / Sq.ft. $ / Sq. m 0.941 10 13 0.894 9.62 0.257 2.96 0.875 9.42 1.446 15.57 Business & Personal Service Buildings $ / Sq.ft. $ / Sq. m Office or Medical Building, Financial Institutional and Occupancies of a similar nature. 1 .446 15.57 Mercantile Buildings $ / Sq.ft. $ / Sq. m Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature, 1 176 12.67 Add for Offices or Apartments over the above. 0.675 7.26 Supermarket, Department Store and Occupancies of a similar nature. 1 022 10.99 Add for basement to any of the above mercantile uses 0.405 4.37 Planning, Building & Development Indushiat Buildings Factory, Plant, Warehouse, Industrial Building, and Occupancies of a similar nature. Offices in Industrial Building Other Permits Service Station, Car Wash Air - supported Structure, Tent (See note 5 in By -law) • Under 250 sq. m. - Flat Fee • 250 sq. m - or greater Parking Garage Accessory Storage Building, Farm Building, Greenhouse Conversion of Interior of an Existing Building to a Casino Change of Use • Less than 4,300 sq.ft. (400 sq.m.) - Flat Fee • 4,300 sq.ft. (400 sq.m.), or more - Minimum fee $150.00 Foundation only - % of full permit fee Structural Shell & Foundation only % of full permit fee Demolition of a Building or Structure - min. $150.00 Public Pool - Flat Fee Private Pool - above ground - Flat Fee - inground 0.572 1.077 $ f Sq.ft- 0.982 150.00 0.114 0.411 0.289 1.172 150.00 0.367 10% 50% Architectural Shell & Foundation only - % of full permit fee 67% (see note 7 in By -law) 0.023 375.00 80.00 Value Method as below Niagarafaus 6.17 11.60 S I Sq. m 10.57 1.23 4.43 3.11 12.63 3.78 0.24 Niagarafalls Planning, Building & Development Other Permits Continued ... Miscellaneous Residential • Addition to Existing Dwelling (includes attached garage) • Detached Garage • Accessory Building, Detached Solarium • Finishing Basement • Carport, Open Porch, Deck - Flat Fee • Mobile Home (CSA certified) - Flat Fee - Foundation Extra • Mobile Home Foundation • Mobile Home (Uncertified) - including foundation • Signs - for up to 2.322 sq. m. - plus $18.837 for each additional sq. m. $ I Sq.ft. $ / Sq. m 0.941 10.13 0.303 3.26 0.268 2.88 0.275 2.96 150.00 150.00 0.151 1 63 0.527 5.67 70.00 Plumbing, Drains, & Sewers $ Fee $ Total Installation of Plumbing - for all plumbing, up to seven fixtures in each unit, plus $4 00 for each additional fixture 75.00 75 00 Rain Water Leaders, Manhole, Catch basin, Area Drain (each) 4.00 4 00 Building Drain, Building Sewer, Building Storm Drain, Building Storm Sewer, Storm Drainage Piping. Private Drain, 75.00 75.00 Private Storm Drain, Water Service Pipe (2" diameter or less) - for initial 150 feet (45 m) of pipe or portion thereof. plus - for each 50 feet (15 m) of additional pipe 15.00 15.00 Connection to a municipal water main (tap only) - Flat Fee - 3/4" up to and including 2" 100.00 100.00 Connection to a municipal water main (tap only) - Flat Fee - over 2" 400.00 400.00 Water Service Pipe or Private Main (over 2" diameter) Value Method, as listed under Miscellaneous Miscellaneous $ Fee $ Total Transfer of Permit to New Owner - 10% of original fee - Minimum Fee 150.00 150.00 Extension of Revocation Date of Permit - Flat Fee 85 00 85.00 Conditional Permit Agreement (See below) - Not Registered - Minimum Fee 150.00 150.00 - Registered on Title - Minimum Fee 250.00 250.00 Planning, Building & Development Miscellaneous Non - routine Inspection Fee • During Regular Hours - Flat Fee • After Regular Hours - Flat Fee Partial Occupancy Inspection Fee - Per Hour Compliance Letter to Lawyers, etc. - per property Liquor Licence Letter - per property Zoning Confirmation - per property Weekend Inspection - per inspection - Minimum Fee up to 4 hours - $100.00 per hour after 4 hours Rural 911 Address Sign (In accordance to By -law 2001 -180) Preparation of Discharge of Property Standards Order Administration Fee Variances and Appeals to By -laws (General) •• The fee for a Conditional Permit Agreement (CPA) is 20% of the full permit fee. Min. $150.00. In the event that the CPA is complied in full by the due date. then 50% of the CPA fee will be refunded. The fees above, calculated on a sq. ft. /sq. m. basis, include new floor area either in a new building or an addition to an existing building. For categories of construction not listed above, the permit fee shall be $150.00 for the initial $5,000.00 of valuated cost, or portion thereof, plus $10 00 for each additional $1,000.00 of valuated cost, or portion thereof Fees are payable at time of application. (Includes inground swimming pools) Minimum Permit Fee $150.00 for all classes of permits not noted above. Other applicable fees may be payable for servicing, deposits, development charges, park dedications, etc. The fee for fast tracking a permit (when available) is 1.5 times the applicable rate listed above Notwithstanding, where construction or installation has occurred prior to the issuance of a permit, then the permit fee shall be double the amount listed above. NOTE: This Summary is intended for reference purposes only For complete information, refer to By -law 2007 -33 and the various amendments thereto and other applicable by -laws. Photocopies Non - sufficient Funds Monthly Building Report Damage Deposit Security Deposit Lot Grading Deposit • 1982 Policy - Pool and Accessory Buildings 1989 Policy • 1989 Policy (Infill Lot) 1,000.00 N/A 1,000.00 Market Fees $ Fee $ HST $ Total NIAGARA FALLS FARMERS MARKET PARK STREET MARKET (CURRENTLY INACTIVE) Stalls 1 to 37 inclusive - Daily - Monthly - Yearly SYLVIA PLACE MARKET Stalls 1 to 43 inclusive - Daily - Monthly - Yearly Stalls 1, 2 & 3 - Yearly Stall 4 - Yearly Crafters' Tables - Daily -13- \iagarajalls Total 65.00 N/A 65.00 100.00 N/A 100.00 65.00 N/A 65.00 75.00 N/A 75.00 75.00 N/A 75.00 6.50 N/A 6.50 250.00 N/A 250.00 116.59 15.16 131.75 125.00 N/A 125.00 250.00 N/A 250.00 .24 .03 .27 35.00 N/A 35.00 150.00 19.50 169.50 750.00 N/A 750.00 1,500.00 N/A 1,500.00 300.00 N/A 300.00 30.00 3.90 33.90 75.00 9.75 84.75 125.00 16.25 141.25 30.00 3.90 33.90 75.00 9.75 84.75 125.00 16.25 141.25 1,000.00 130.00 1,130.00 500.00 65.00 565.00 10.00 1.30 11.30 Planning, Building & Development Effective August 1, 2011 -July 31, 2012 City Development Charges 2011 2012 Niagarafall Development charges against land to be developed for residential use shall be based upon the following designated services within the corresponding area provided by the City. and in proportions applicable to each service: Designated Services Urban Area Non -Urban Area Mun -Wide ( %) Urban Services (%) City-Wide Only ( %) Development Related Studies 2.74% 0.00% 6.68% Roadways & Related 14.51% 0.00% 35.35% Transit 2.95% 0.00% 7.21 Parks & Rec. 18.48% 0.00% 45.03% Library 2.35% 0 00% 5.73% Sanitary Sewer 0 00% 29.97% 0.00% Storm Water Management 0.00% 23.16% 0.00% Sidewalks 0.00% 1 31 % 0.00% Water 0.00% 4.53% 0.00% Total 41.03% 58.97% 100.00% Subject to the provisions of this part and this By -law 2009 -120, development charges against and to be developed for residential use shall be calculated and collected at the following base rates: Development Type Urban Area Non -Urban Area Residential $ Per Dwelling Unit $ Per Dwelling Unit Single and Semi Detached Dwelling 10,092.00 4,141.00 Townhouse Dwelling 6,728.00 2,761 00 Apartment Dwelling 5,491.00 2,252.00 Municipal Works Private Sewer Lateral Cleaning Monday to Friday (Exclusive of Holidays) between 8:00 a.m. to 3:15 p.m. Monday to Friday (Exclusive of Holidays) between 3:15 p m. and 4:00 p.m. Saturday, Sunday, or Holiday (anytime) or any other day before 8:00 a.m. or after 4:00 p.m. "No Action" or False Alarm Tracing or Video Inspection of a Private Sewer Service Note: Payment can be made by cash, cheque, or credit card in advance of doing any work. Purchase Water Meters 5/8" 5/8" x 3/4" 3/4" 1" 1.5" 2" compound 3" compound 4" compound 6" compound 4" protectus 6" protectus 8" protectus Subdivision Plans Prints Full Size Prints Photocopies (per page) Letters of Compliance Tender Documents Engineering Manuals and Reports Water /Sewer Maps/Reports Subdivision Plans Prints Storm Drainage Report 2 Volumes with Map Watermains - Book of Street Maps Sanitary & Storm Sewermains - Book of Streetmaps Horizontal & Vertical Control Book (free update for 3 years) Prints /Plots (1 m or less) (per 0.5 m after) Road Occupancy Permit Application Security deposit required upon approval of application Site Alteration Permit Application Curb Cut per linear foot (minimum cut fee $65.00) Sidewalk Repair per sq. foot Curb Repair per linear foot (minimum repair fee $75.00) Development - Residential Single Detached Dwelling & Semi - Detached Dwelling • within Urban Area Single Detached Dwelling & Semi - Detached Dwelling • within Non -Urban Area Townhouse Dwelling Address Change Request $ Fee -15- Niagararalls Fee $ HST � $ Total` 100.00 N/A 100.00 130.00 N/A 130.00 275.00 N/A 275.00 30.00 N/A 30.00 125.00 N/A 125.00 $ Fee $ HST $ Total 199.40 N/A 199.40 199.40 N/A 199.40 233.64 N/A 233.64 315.49 N/A 315.49 605.78 N/A 605.78 2,370.09 N/A 2,370.09 3,283.54 N/A 3,283.54 4,675.04 N/A 4,675.04 8,504.95 N/A 8,504.95 8,509.82 N/A 8,509.82 10,206.35 N/A 10,206.35 14,235.19 N/A 14,235.19 $ HST $ Total 4.43 .57 5.00 .24 .03 .27 13.28 1.72 15.00 44.25 5.75 50.00 22.12 2.88 25.00 $ Fee ; $ HST $ Total 61.94 8.06 70.00 10.62 1 38 12.00 10.62 1.38 12.00 44.25 5 75 50.00 4.43 .57 5.00 89 .11 1.00 $ Fee $ HST $ Total 50.00 N/A 50.00 $ Fee $ HST $ Total 50.00 N/A 50.00 23.00 N/A 23.00 8.50 N/A 8.50 38.00 N/A 38.00 $ HST . $ Total 3,903.00 N/A 3,903.00 4,839.00 N/A 4,839.00 3,193.00 N/A 3,193.00 314.29 40.86 355.15 Municipal Works Site Alteration Application: 1, Year 2' Year (plus security deposit - 10% estimated value of work up to $250 maximum) Miscellaneous Cost of providing CD (if picked up) Cost of providing CD (if mailed) 7Niagarafalls $ Fee N/C 50.00 $ Fee $ HST $ Total 5.30 .70 6.00 13.27 1.73 15.00 Municipal Works Interment Rights Adult - Single Lot Preferred Adult - Single Lot Adult - Two Lot Preferred Adult - Two Lot Adult - Three Lot Adult - Six Lot Child /Infant - Single Lot (Fairview) Stillborn - Single Lot (Lundy's Lane) Cremation Plot - 4 Lots Preferred Cremain Plot Interment Rights Adult - Single Lot Adult - Two Lot Adult - Three Lot Adult - Six Lot Child /Infant - Single Lot (Fairview Stillborn - Single Lot ( Lundy's Lane) Cremation Plot - 4 Lots Interment Services Adult Casket Burial (Tent is extra fee) Child Casket Burial (Tent is extra fee) Infant/Stillborn Casket (Tent is extra fee) Cremains Urn Burial (Tent is extra fee) Cremains Scatter Burial (Fairview) Cremains Urn Burial- Double (Admin. fee) Interment Cancellation - Casket Interment Cancellation - Urn One Time Care & Mtnce Fee' - per lot (grave) Interment Services Adult Casket Burial (Tent is extra fee) Child Casket Burial (Tent is extra fee) Infant/Stillborn Casket (Tent is extra fee) Cremains Urn Burial Cremains Scatter Burial (Fairview) Cremains Urn Burial - Double (Admin. fee) Interment Cancellation - Casket Interment Cancellation - Urn Cemetery $ Fee 642.00 702.00 1,284.00 1,404.00 1,926.00 3,852.00 180.00 138.00 324.00 384.00 963.00 1,926.00 2,889.00 5,778.00 270.00 207.00 486.00 Care & Maintenance $ Trust Fee Cemetery Trust $ Fee $ Fee 428.00 468.00 856.00 936.00 1,284.00 2,568.00 120.00 92.00 216.00 256.00 Cemetery Services - Non- Resident Lot Sales 642.00 1,284.00 1,926.00 3,852.00 180.00 138.00 324.00 Cemetery Services - Resident Burial. Fees Cemetery $ Fee 920.00 380.00 240.00 275.00 135.00 50.00 300.00 125.00 100.00 Cemetery $ Fee 1,385.00 575.00 365.00 415.00 202.00 50.00 450.00 187.00 Provincial $ Fee Provincial $ Fee 10.00 10.00 10.00 N/A N/A N/A N/A N/A N/A $ Sub -Total $ HST 1,070.00 139.10 1,209.10 1,170.00 152.10 1,322.10 2,140.00 278.20 2,418.20 2,340.00 304.20 2,644.20 3,210.00 417 30 3,627.30 6,420.00 834.60 7,254.60 300.00 39.00 339.00 230.00 29.90 259.90 540.00 70.20 610.20 640.00 83.20 723.20 $ Sub -Total $ HST 1,605.00 3,210.00 4,815.00 9,630.00 450.00 345.00 810.00 $ Sub -Total $ HST 930.00 390.00 250.00 275.00 135.00 50.00 300.00 125.00 100.00 Cemetery Services - Non-Resident Burial Fees $ Sub -Total $ HST 10.00 1,395.00 10.00 585.00 10.00 375.00 N/A 415.00 N/A 202.00 N/A 50.00 N/A 450.00 N/A 187.00 208.65 417.30 625.95 1.251.90 58.50 44.85 105.30 120.90 50.70 32.50 35.75 17.55 6.50 39.00 16.25 13.00 181.35 76.05 48.75 53.95 26.26 6.50 58.50 24.31 Niagararalls $ Total Fee $ Total Fee 1,813.65 3,627.30 5,440.95 10, 881.90 508 50 389.85 915.30 $ Total 1,050.90 440.70 282.50 310.75 152.55 56.50 339.00 141.25 113.00 $ Total 1,576.35 661.05 423.75 468.95 228.26 56.50 508.50 21131 Municipal Works PLEASE NOTE: • All Committal Service scheduling is at the approval of the Cemetery Section based on location. weather, staff availability and the number of services requested by Funeral Directors per day. • Monday to Friday Interment Services (except on statutory or City holidays) may be scheduled between 10.00 a.m. and 3:15 p.m. only. • Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only. • Sunday and Statutory Holiday Interment Services may be scheduled between 11:00 a.m. and 2:00 p.m. • A 'Scheduled" Funeral late arrival and other interment surcharges will apply as indicated in the Cemetery Fee Schedule - 'interment Surcharges ". • Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" fee • Funeral Directors are responsible for advising families in advance, of potential funeral late charges and applicable surcharges. • One Time Care & Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) that was purchased prior to 1955. Administration Services Interment Rights • Transfer • Exchange • Replacement /Duplicate • Double Cremain /Companion Urn Cemetery Records Search - per hour Memorial Program Memorial Tree Memorial Bench with 3" x 6" plate installed on back of bench Memorial Bench with bronze plaque (8" x 10 ") and stand Memorial Marker - Maple Grove Memory Lane (includes inscription) Foundation / Marker Installation Services $ Cemetery Concrete Foundation Per Cubic Foot. - Supply and Install Foundation Installation (Minimum Charge) Pre -Pour Foundation (Section Q & P Double Plots) Foundation Removal Veteran Upright Marker Setting Small Flat Marker Setting - under 172 sq. in. Large Flat Marker Setting - over 172 sq. in. Corner Markers Setting - Per Set of 4 Marker Care & Maintenance Flat Marker - Over 172 sq. in. Upright Marker including base up to 4 ft. high /long Upright Marker including base over 4 ft. high /long Adult/Child - Dis- interment only* Adult/Child - Dis- interment and Re- interment Infant/Stillborn - Dis- interment only` Infant/Stillborn - Dis - interment and Re- interment Cremains - Dis- interment only* Cremains - Dis- interment and Re- interment * Remains are removed from Municipal Cemetery $ Cemetery 50.00 50.00 25.00 50.00 25.00 $ Cemetery $ HST $ Total 300.00 1250.00 1,600.00 350 00 19.00 223.00 310.27 15000 80.00 50.00 80.00 45.00 $ Provincial $ HST $ Total 50.00 100.00 200.00 Dis- Interment Services $ Cemetery 900.00 1,630.00 300 00 500.00 150.00 350.00 $ HST $ Total 6.50 6.50 3.25 6.50 3.25 39.00 162.50 208.00 45.50 2.47 2899 40.34 19.50 10.40 6.50 10.40 5.85 6.50 13.00 26.00 \iagaraJ=alls 56.50 56.50 28.25 56.50 28.25 339 00 1,412.50 1,808.00 395.50 $ HST $ Total 21 47 251.99 350.61 169.50 90 40 56.50 90.40 50.85 56.50 113.00 226.00 $ HST $ Total 117.00 1,017.00 211.90 1,841.90 39.00 339.00 65.00 565.00 19.50 169 50 45.50 395.50 Municipal Works Interment Surcharge Weekday Funeral Late Arrival Scheduled • After 3:15 pm Funeral Crew Standby - Funeral procession arrives after scheduled time • Weekdays (per 1/4 hour) • Saturday /Sunday /Holidays (per 1/4 hour) Casket Burial • Saturday - arrival before 2:00 pm • Sunday and Holiday - arrival before 2:00 pm Cremains Burial • Saturday - arrival before 2:00 pm • Saturday Scattering - arrival before 2:00 pm • Sunday /Holiday - arrival before 2:00 pm Interment Right Tent Rental • Adult/Child /Stillborn /Cremains Burial Less Than 8 Working Hours • Casket Burial Order • Cremains Burial Order Lower and Seal Concrete Vault/Liner Lid Lower Concrete Vault/Liner Box 30.00 40.00 Niaga $ Cemetery $ HST $ Total 100. 13.00 113.00 3.90 33.90 5.20 45.20 370.00 48.10 418.10 525.00 68.25 593.25 190.00 24.70 214,70 90.00 11.70 101.70 280.00 36.40 316.40 $ Cemetery $ HST $ Total 200.00 26.00 226.00 175.00 22.75 197.75 90.00 11.70 101.70 40.00 5.20 45.20 70.00 9.10 79.10 Municipal Works Cemetery Services - Inurnment Rights - Resident Maple Grove - Trillium Court Columbarium Niche Level A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) A & F (Double Niche) B & E (Double Niche) C & D (Double Niche Product Niche Level A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) Product RESIDENT - Single lnurnment NON - RESIDENT - Single Inurnment Double Cremain Inurnment *Administration Fee for the second inurnment if taking place the same time as the first and in the same Niche $ Cemetery Fee $ Care & Maintenance $ Total Fee (80 %) (20 %) 800.00 880.00 1,000.00 200.00 220.00 250.00 Cemetery Services - Inurnment Rights - Non - Resident 1,200.00 1,320.00 1,500.00 300.00 330.00 375.00 Bronze Wreath - includes inscription & installation 550.00 Cemetery Services - lnurnment Rights - Resident Maple Grove - Primrose & Perriwinkle Lanes Columbarium $ Cemetery Fee $ Care & Maintenance $ Total Fee $ HST $ Total (80 %) (20 %) 600.00 680.00 760.00 150.00 170.00 190.00 Cemetery Services - Inurnment Rights - Non- Resident 900.00 1,020.00 1,140.00 225.00 255.00 285.00 Bronze Wreath - includes inscription & installation 550 00 Fairview - Maple Grove Opening & Closing Service $ Cemetery Fee $ HST $ Total 200.00 300.00 50.00 1,000.00 1,100.00 1,250.00 1,500.00 1,650.00 1,875.00 750.00 850.00 950.00 1,125.00 1,275.00 1,425.00 130.00 143.00 162.50 195.00 214.50 243.75 $ Fee $ HST 97.50 110 50 123.50 146.25 165.75 185.25 $ Fee $ HST \ iagar aJ=talls $ HST $ Total 1 .130 00 1243.00 1,41250 1 69500 1 864.50 2,118.75 $ Total 71 50 621.50 847 50 960 50 1,073.50 1.271.25 1 ,440.75 1 .610.25 $ Total 71.50 621.50 26.00 226.00 39.00 339.00 6.50 56.50 Municipal Works C emetery Services - Stamford Green Heritage Columbarium $ Care & Maintenan (20 %) Niche Level A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) Opening & Closing Service RESIDENT - Single Inurnment NON - RESIDENT - Single Inurnment Double Cremain Inurnment/Companion Urn " *Administration Fee for the second inumment if taking place the same time as the first and in the same Niche Product Glass - Single Niche Glass - Double Niche Bronze - Single Niche Bronze - Double Niche $ Cemetery Fee ( nurnment Rights - Resident 375.00 760.00 480.00 880.00 480.00 880.00 375.00 760.00 Cemetery Services - Inurnment Rights -- Non- Resident 560.00 1,140.00 720.00 1,320.00 720.00 1,320.00 560.00 1,140.00 $ Cemetery Fee 100.00 190.00 120.00 220.00 120.00 220.00 100.00 190.00 150.00 285.00 180.00 330.00 180.00 330.00 150.00 285.00 200.00 300.00 50.00 $Total Fee 475.00 950.00 600.00 1.100.00 600.00 1,100.00 475.00 950.00 710.00 1,425.00 900.00 1,650.00 900.00 1,650.00 710.00 1,425.00 35.00 60.00 440.00 560.00 Niagarafalls $ Total 61.75 536.75 123.50 1,073.50 78.00 678.00 143.00 1,243.00 78.00 678.00 143.00 1,273.00 61.75 536.75 123.50 1,073.50 92.30 802.30 185.25 1,610.25 117.00 1,017.00 214.50 1,864.50 147.00 1,017.00 214.50 1,864.50 92.30 802.30 185.25 1,610.25 $ HST $ Total 26.00 226.00 39.00 339.00 6.50 56.50 $fee $ HST $ Total 4.55 7.80 57.20 72.80 39 55 6780 497.20 632.80 Fire On-Site Inspections Home Day Care, Respite Homes Nursery Schools Boarding Room & Lodging & Bed & Breakfast Residential - (1-4 Units) - First Unit - Each Additional Unit Multi -Units - Apartments: 1 -4 Units - Over 4 Units, rate per unit Hotels /Motels - 1 -10 Units - Over 10 Units, rate per unit • Commercial & Industrial, < 1,000 sq. m. • For each additional 1,000 sq. m. • Nursing Homes Miscellaneous $ Fee $ HST 100.00 N/A 120.00 N/A 225.00 N/A 120.00 N/A 75.00 N/A 225.00 N/A 75.00 N/A 225.00 N/A 75.00 N/A 120.00 N/A 35.00 N/A 500.00 N/A \iaga raJa1l. $ Total 100.00 120.00 225 00 120.00 75.00 225.00 75.00 225.00 7500 120.00 35.00 500.00 $ Fee $ HST $ Total General File Search 100.00 13.00 113.00 Reproduce Existing Documents 60.00 7.80 67.80 Security Key Boxes 80.00 10.40 90.40 Fire Route Signs 28.00 3.64 31.64 Production of Fire Safety Plans 225.00 - 550.00 N/A 225.00 - 500.00 Fire Safety Plan Review and Approval - per submission 50.00 N/A 50.00 Letters & Produce Incident Reports to Insurance 70.00 N/A 70.00 LLBO Letters of Compliance 160.00 N/A 168.00 Special Events (Approval Letter) 70.00 N/A 70 00 Fireworks Displays (Approval Letter) 70.00 N/A 70 00 Emergency Procedure Signs 2.25 29 2.54 Fire Safety Boxes 120.00 15.60 135 60 Fire Safety Lecture • Business - min. of 4 hours) - Per hour 50.00 N/A 50.00 • Non- Profit Group No Charge Fire Extinguisher Training • Business - per employee 5.00 - 150.00 N/A 5.00 - 150.00 • Non - Profit Group No Charge Supervision of Fire Drills • Business - per employee 55.00 55 00 • Non - Profit Group No Charge Plan Examinations, per $1 of permit value .10 N/A .10 Zoning Amendments, per $1 of application fee .10 N/A .10 Site Plan Review. per $1 of application fee 10 N/A .10 Committee of Adjustments, per $1 of application fee .10 N/A 10 Subdivision Plans. per $1 of application fee .10 N/A .10 Municipal Licencing on Site Inspection 55.00 N/A 55.00 Municipal Licencing Fire Safety Checklist Review 28 00 N/A 28.00 Non - Resident Motor Vehicle Response • per apparatus for first hour or part thereof 350.00 N/A 350.00 • per piece of equipment for each additional half -hour or part thereof 175.00 N/A 175.00 Second Response for Open Air Burning • per apparatus for the first hour or part thereof 350.00 N/A 350.00 • per apparatus of equipment for each additional half hour or part thereof 175.00 N/A 175 00 Re- inspection Fee for outstanding violations for the second and each subsequent re- inspection 100.00 N/A 100.00 Fire S Total { �k'Sa Management Plan (R$MR} R Existing Facility - 5000 USWG or less New /Modified Facility - 5000 USWG or less Existing Facility - More than 5000 USWG New /Modified Facility - More than 5000 USWG Equipment Malfunctions First Two Alarms, written warning after 2 alarm Third Alarm Fourth Alarm Fifth Alarm Note: Fee continues to double with successive false alarms, with no limit S Fee 250.00 500.00 1,250.00 2,500.00 S Fee ` $ HST $ Total No Charge 300.00 N/A 400.00 N/A 800.00 N/A HST N/A Niagar af'alls 250.00 N/A 500.00 N/A 1,250.00 2,500.00 N/A Requested inspection, outside of regular business hours. on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00. 300.00 400.00 800.00 Recreation & Culture Note: Commercial Groups /Community Groups Non - Profit: • Prime Hrs. are Monday - Friday 5:00 pm - 11:00 pm, Saturday - Sunday 7:00 am - close • Non -Prime Hours are Monday - Friday 7:00 am - 5:00 pm and 11:00 pm - close • Statutory Holidays are charged at prime rates. • Summer Ice Rates are applicable from May 1' through Aug. 31. • Exact dates of opening and closing to be determined each year. Ice/Floor Rentals - effective Sept. 5, 2011 - April 30, 2012 Adult Ice Rental - Resident • Prime Time • Non -Prime Time Youth Ice Rental - Resident • Prime Time • Non -Prime Time Non - Resident Prime Time Ice Rental Summer Ice Rental Floor Rental - Resident • Adult • Youth Floor Rental - Non - Resident Multi- Purpose Room A Multi- Purpose Room D Multi- Purpose Room E Multi- Purpose Room D/E (Together) Community Board Room Coronation Programming Room Not For Profit Rental Fees Not for Profit Community Group For Profit Commercial Use Birthday Parties - Per Booking Boardrooms Not for Profit Community Group For Profit Commercial Use Chippawa Community Room Per Booking 25.00 3.25 28.25 60.00 7.80 67.80 60.00 7 80 67.80 120.00 15.60 135.60 25 00 3 25 28.25 60.00 7.80 67.80 Gale Centre / Chippawa Room Rental Fees Room $ Hourly Rate $ HST $ Total Memorial Room 50.00 100.00 75.00 6.50 13.00 9.75 56.50 113.00 84.75 N/A 25.00 3.25 28.25 75.00 9.75 84.75 Note: Per day is for an 8 hr. period. Special provisions for tournaments can be made through contract rental. -24- 125 00 300.00 300.00 600 00 125.00 300 00 $ Day Rate 200.00 400.00 N/A 125.00 ti iagaraJeIl $ Fee $ HST $ Total 188.87 24.55 213.42 123.05 16.00 139.05 122.14 15 88 138.02 80.28 10.44 90.72 228.86 29.75 258.61 183.37 23.84 207.21 51.30 7.97 69 27 58.38 7 59 65.97 73.55 9 56 83.11 Cancellation Fee $ Fee $ HST $ Total • Arenas, playing fields and MacBain Community Centre rentals MacBain Community Centre Room Rental Fees Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total For Profit Rental Fees 20.00 2.60 22.60 16.25 39.00 39.00 78.00 16.25 39.00 141.25 339.00 339 00 678.00 141.25 339.00 Multi- Purpose Room A 12.50 1.63 14.13 60.00 7.80 67.80 Multi- Purpose Room D/E (Together) 60.00 7.80 67.80 300.00 39.00 339 00 Multi- Purpose Room D 30.00 3.90 33.90 150.00 19.50 169.50 Multi- Purpose Room E 30.00 3.90 33.90 150.00 19 50 169.50 Coronation 30.00 3.90 33.90 150.00 19.50 169.50 $ HST $ Total 26 00 226.00 52.00 452.00 16.25 141.25 Recreation & Culture The Special Event Rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City's Alcohol Risk Management Policy. Public Skating Adult (16 years and over) Child / Student (15 years and under) Family Pass (2 adults, 3 children) Swimming Pools Special Events ST Seniors Adult (16 years and over) Youth (under 16) Family (season pass - up to 2 adults & 3 children) Baskets $ Single 1.43 19 1.90 25 1.43 .19 24 .03 1.62 2.15 1.62 27 NOTE: All rates are per day rates. All rentals are from 12:01 am to 11 pm. Rates are the same for all facilities. Arenas Weekday Weekend Commercial Groups Community Groups (Registered Non- Profit) Arenas Ice In Ice Out Additional Services Installation and removal of portable floor (per ice pad) ** Removal and re- installation of side glass ** Removal and re- installation of end glass (per end) ** Set up and removal of portable floor chairs per chair (does not include cost of chair rental) Ushers /doormen (based on 2 or 3 hr. show, per 3,800 spectators) * ** Electrical services are extra. Rental must use the arena electrical contractor. First Aid medical services are extra and a responsibility of the rental. $ Fee $ HST $ Total 3.57 2.86 6.67 Total ; $ Season Pass HST $ Total 19.05 28.57 19.05 52.38 Niagara :ails .18 4.03 .37 3.23 .87 7.54 2.48 21 53 3.71 32.28 2.48 21.53 6.81 59.19 $ Fee $ HST $ Total 2,514.23 326.85 2,841.08 2,938.59 382.02 3,320.61 $ Fee $ HST $ Total 2,389.60 310.65 2,700 25 1,261.75 164.03 1,425.78 $ Fee $ HST $ Total 3,000.00 390.00 3,390.00 2,800.00 364.00 3.16400 3,000.00 390.00 3,390.00 1.00 .13 1 13 1,600.00 208.00 1,808.00 ** Where rentals work consecutively, City will portion installation and removals between different rentals. ** Assumes staff required to work for maximum of 4 hours for any one show and facility filled to stands and floor capacity. City will negotiate rates proportional to established attendance. Recreation & Culture Multi- purpose Artificial Turf Field Resident Minor /Youth Sport Organization Non - Resident Minor /Youth Sport Organization Resident Adult Not - For - Profit, Sport Organization Non - Resident Adult Not- For - Profit, Sport Organization Commercial, Private Clubs or For Profit Education rate Lighting (per four hour booking) Lighting (one hour) Playing Fields Per Hour Options A Category Playing Fields Resident youth Non - resident youth Resident adult Non - resident adult Commercial B Category Playing Fields C Category Playing Fields Tournament Day Rate (day = 10 hours /field) per evening (4 hours) Two hours One hour Niagara/4,11s $ Fee $ HST $ Total 72.10 9.37 81.47 87.55 11.38 98.93 103.00 13.39 116.39 133.90 17.41 151.31 164.80 21.42 186.22 56.65 7.36 64.01 51.50 6 70 58.20 15.45 2.01 17.46 $ Fee $ HST $ Total Youth per participant, includes practices, games and tournaments 7 21 94 8.15 Senior per participant, includes practices, games and tournaments 7.21 94 8 15 Adult per team (new), includes practices and games (tournaments not included) 103.00 13.39 116 39 Track - Exclusive Use (Oakes Park) - per day 20.00 2.60 22.60 $ Fee $ HST $ Total 5 15 .67 5.82 12.36 1.61 13.97 10.30 1.34 11 64 30.90 4.02 34 92 41.20 5.36 46.56 Resident youth 4.12 .54 4 66 Non - resident youth 10.30 1.34 11 64 Resident adult 8.24 1.07 9.31 Non - resident adult 20.60 2.68 23.28 Commercial 30.90 4.02 34.92 Resident youth no charge Non - resident youth 4.64 .60 5 24 Resident adult 5 15 67 5.82 Resident youth 25.75 3.35 29.10 Non - resident youth 77.25 10.04 87.29 Resident adult 25.75 3.35 29.10 Non - resident adult 123 60 16.07 139.67 Commercial 247.20 32.14 279.34 Lighting $ Rate $ HST $ Total 51.50 6.70 58.20 25.75 3.35 29.10 15.45 2.01 17.46 Recreation & Culture Coronation 50 Ptus Recrea efectiveSept. 6/11 Program Fees 550 Program Drop In 80¢ Program Drop In $1.10 Drop In $2.15 Drop In $2.50 Reg Fit Class $3.50 Advanced Fit Class Bingo & Lunch - Member Bingo & Lunch - Non - Member Drop In Pass Yoga /Aqua per Session Wellness Pass Tai Chi per month Computer Lessons Assessment & Program $2.50 Fit Class Pass $3.50 Fit Class Pass Membership Fee Miscellaneous Newsletters Photocopies Bus. Card per issue Bus. Card per year 1/4 Page per issue 1/4 Page per year 1/2 Page per issue 1/2 Page per year Full Page per issue Full Page per year Room Rentals Membership - Resident Membership - Non - Resident Advertising in Newsletter Blue Room - Max. 4 hrs. (1/2 Day) Blue Room - Over 4 hrs. (Full Day) New Auditorium - Max 4 hrs. (1/2 Day) New Auditorium - Over 4 hrs. (Full Day) Main Auditorium - Max 4 hrs. (12 Day) Main Auditorium - Over 4 hrs. ( Full Day) Room Set Up Charge Cancellation Fee $ HST Niagararalls $ Total .49 .06 .55 .71 .09 .80 .97 .13 1.10 1.90 .25 2.15 2.21 .29 2.50 3.10 .40 3.50 3.54 .46 4.00 4.42 .58 5.00 9.73 1.27 11.00 4.87 .63 5.50 17.70 2.30 20.00 10.62 1.38 12.00 4.42 58 5.00 17.70 2.30 20.00 22.12 2.88 25.00 30.97 4.03 35.00 $ Fee $ HST $ Total 21.24 2.76 24.00 25.66 3.34 29.00 $ Fee $ HST $ Total 66 .09 75 13 .02 .15 $ fee $ HST $ Total 15.00 1.95 16.95 80.00 10.40 90.40 20.00 2.60 22.60 110.00 14.30 124.30 35.00 4.55 39.55 200.00 26.00 226.00 60.00 7.80 67.80 300.00 39.00 339.00 $ Fee $HST $ Total 25.00 3.25 28.25 40.00 5.20 45.20 50.00 6.50 56.50 75.00 9.75 84.75 75.00 9.75 84.75 100.00 13.00 113.00 25.00 3.25 28.25 20.00 2.60 22.60 Museums Fee Schedule (July 1, 2011 to Dec. 31, 2011) Niagara Falls History Museum Attendance Adult Senior (55 +) Student Child (6 -12 years old) Under 6 years old Battle Ground Hotel Museum & Willoughby Historical Museum Admission by Donation Educational Programs Program delivery / student Bus Tour (half day) Bus Tour (full day) Class membership / student Group Tours / person Drummond Hill Cemetery Tours / person Photographic Reproductions Image to CD Image to digital source Colour copy of image Photocopy (black & white) Photographic reproduction (5 x 7) Membership Individual Membership / year Family Membership / year Other -28- \iagarafalls Recreation & Culture $ Fee $ HST $ Total 2.65 35 3.00 2.21 29 2 50 2.21 .29 2.50 1.77 23 2 00 Free $ Fee $ HST $ Total $ Fee $ HST $ Total 2.21 .29 2 50 1 77 .23 2.00 4.42 58 5 00 .88 12 1 00 2.21 29 2.50 Special Events $ Fee $ HST $ Total 10.62 1 38 12 00 $ Fee $ HST $ Total 2.65 35 3.00 2.21 29 2.50 2.65 35 3.00 17 .03 .20 17.70 2.30 20.00 $ Fee $ HST $ Total 13.27 1.73 15.00 22.12 2.88 25.00 $ Fee $ HST $ Total Educational Kit rental / week 8.85 1.15 10.00 Research Request / first hour Free Research Request - additional research ' hour 44.25 5 75 50.00 Recreation & Culture Museums Fee Schedule (Jan. Niagara Falls History Museum Attendance .` Adult (20 +) Student (6 -19 years old or with valid ID) Under 6 years old Family (up to 5 people - max. 3 adults) Battle Ground Hotel Museum & Willoughby Historical Mu Admission by Donation Educational Programs School program (approx. 90 mins.) /student 45 Minute Museum or Battlefield Experience (school) / student 45 Minute Museum or Battlefield Experience (group) / person 90 Minute Museum & Battlefield Experience (school) / student 90 Minute Museum & Battlefield Experience (group) / person Additional Tour of Battle Ground Hotel / person Special Events Drummond Hill Cemetery Tours / person Photographic Reproductions Image to CD Image to digital source Colour copy of image Photocopy (black & white) Photographic reproduction (5 x 7) Membership Individual Membership / year Family Membership / year Other Educational Kit rental / week Research Request / first hour Research Request - additional research / hour \iagaraf alts $ Fee $ HST $ Total 4.42 .58 5.00 3.54 .46 4.00 Free 13.27 1.73 15.00 $ Fee $ HST $ Total $ Fee $ HST , $ Total 4.42 .58 5.00 2.65 .35 3.00 4.42 .58 5.00 3.54 .46 4.00 7.08 .92 8.00 1 77 23 2.00 $ Fee $ HST $ Total 10.62 1.38 12.00 $ Fee $ HST $ Total 2.65 .35 3.00 2.21 .29 2.50 2.65 .35 3.00 .17 .03 .20 17.70 2.30 20.00 $ Fee - $ HST $ Total 13.27 1.73 15.00 22.12 2.88 25.00 $ Fee. $ HST $ Total 8.85 1.15 10.00 Free 44.25 5.75 50.00 Transportation Services Parking Permits Commercial Vehicle Loading Permit - Annually • First such motor vehicle 50.00 6.50 56.50 • Second such motor vehicle - under same registered owner as the first permit 10.00 1.30 11.30 • Each additional such motor vehicle under the same registered owner as the 1" and 2 permits. 5.00 65 5.65 Oversize /Overweight Load Permit - Single Trip 25.00 3.25 28.25 - Annually 150.00 19.50 169.50 On- street Overnight Parking Permit. - Annually 50.00 6.50 56 50 Newspaper Box Permit - Annually 10.00 N/A 10.00 On- Street & Off Street Parking Fees (per hour) .44/ 66/ .06/.10 .50/.75/ Parking Meter Bagging (per meter per day) - minimum* `Actual lost revenue cost applies if bagged longer than 3 days. Residential On- Street Permit /Replacement Cost Parking Lots - Municipal Parking Parking Lot Permit Replacement Cost • 1 -15 days • 16 -31 days Parking Violations $ Fee $ HST N iagara)=a l is $ Total 1 33/7.08 17/ 92 1 .50/8.00 10.00 1.30 11.30 10.00 1 30 11 30 $ Fee $ HST $ Total Lot 1 - per month 25.00 3 25 28.25 Lot 2A (50.65 per hour) - per month 30.00 3.90 33.90 Lot 3 (50.65 per hour) - per month 30.00 3.90 33.90 Lot 5 - per hour 1.33 .17 1.50 Lot 7 - per month 30.00 3.90 33.90 Lot 8 - per month 30.00 3.90 33.90 Lot 9 (50.65 per hour) - per month 25.00 3.25 28.25 Lot 10A (50.65 per hour) - per month 30.00 3 90 33.90 Lot 11 - per hour 44 06 .50 Lot 15 (51.50 per hour) - per month 45.00 5.85 50.85 Lot 18 ($1.50 per hour) - $8.00 for 8 hours 7 08 92 8.00 Lot 19 ($0.75 per hour) - per month 30 00 3.90 33 90 Lot 20 ($1.50 per hour) - $10.00 for 8 hours 8 85 1 15 10 00 Full Cost of Lot Half Cost of Lot $ Fee $ HST $ Total Parked Overtime - Meter Zones 20.00 N/A 20.00 Parked Facing Wrong Way 25.00 N/A 25.00 Over 30 cm From Edge of Roadway 25.00 N/A 25.00 Parked on a Boulevard 25.00 N/A 25 00 Obstructing a Sidewalk 50.00 N/A 50.00 Parked in a Taxi Stand 40.00 N/A 40.00 Obstructing Lane or Driveway 25.00 N/A 25.00 Parking within 20" of a Crosswalk 50.00 N/A 50.00 Parking between 2:00 am - 6:00 am 25.00 N/A 25.00 Parking in a Bus Stop 50.00 N/A 50.00 Stopping in No Stopping Zone 50.00 N/A 50.00 Parking Hwy Vehicle Overnight 80.00 N/A 80.00 Obstruction Fire Lane 95.00 N/A 95.00 Handicapped Parking Only 300.00 N/A 300.00 Parking Control Photos 50 N/A .50 Parking Infraction Record Information 5.00 N/A 5.00 NSF Fees 35.00 N/A 35.00 Court Conviction Costs 16.00 N/A 16.00 Transportation Services Parking Violations Parked Overtime - Meter Zones Parked Facing Wrong Way Over 30 cm From Edge of Roadway Parked on a Boulevard Obstructing a Sidewalk Parked in a Taxi Stand Obstructing Lane or Driveway Parking within 20" of a Crosswalk Parking between 2:00 am - 6:00 am Parking in a Bus Stop Stopping in No Stopping Zone Parking Hwy Vehicle Overnight Obstruction Fire Lane Handicapped Parking Only Parking Control Photos Parking Infraction Record Information NSF Fees Court Conviction Costs Traffic /Engineering Information $ Fee $ Niagararal $ Total 20.00 N/A 20.00 25.00 N/A 25.00 25.00 N/A 25.00 25.00 N/A 25.00 50.00 N/A 50.00 40.00 N/A 40.00 25.00 N/A 25.00 50.00 N/A 50.00 25.00 N/A 25.00 50.00 N/A 50.00 50.00 N/A 50.00 80.00 N/A 80.00 95.00 N/A 95.00 300.00 N/A 300.00 .50 N/A .50 5.00 N/A 5.00 35.00 N/A 35.00 16.00 N/A 16.00 $ Fee $ HST $ Total 8 Hour Intersection Traffic Count - per location 200.00 26.00 226.00 24 Hour Automatic Traffic Recorder (ATR) - per location 75.00 9.75 84.75 Spot Speed Study - Radar Gun - per location 50.00 6.50 56.50 24 Hour Speed Study (ATR) - per location 100.00 13.00 113.00 Motor Vehicle Collision Summary Report - per location 50.00 6.50 56.50 Intersection Capacity Analysis - per location 100.00 13.00 113.00 Traffic Signal Timing Plan Summary - per location 50.00 6.50 56.50 Disabled Parking Sign 15.00 1.95 16.95 Disabled Parking Tab ($300 Fine) 7.50 .98 8.48 6 foot Telespar Post 17.06 2.22 19.28 24 Hour Automatic Traffic Recorder (ATR) - Season - appr. 150 locations 1,000.00 130.00 1,130.00 Transportation Services Niagara Falls Transit Fare Structure - Effective July 2011 Cash Fares (Exact Change) Adult VIP - Senior - 65 & older Student - 13 to 19 yrs 6 to 12 yrs. 5 and under Tickets (sheet of 10) / 10 Ride Pass Adult VIP - Senior - 65 & older Student - 13 to 19 yrs. 30 Day Passes Adult VIP - Senior - 65 & older Student - 13 to 19 yrs. High School Semester Student Falls Shuttle 24 hour Ride Pass - includes 2 children 12 and under - Falls Shuttle & Regular Transit One -way adult One -way child - 6 to 12 yrs. 5 and under Bus Charter Bus Charter - per hour * minimum charter time - 2 hours $ Fee $ HST \iagaraJ $ Total 2.50 N/A 2.50 2.25 N/A 2.25 2.25 N/A 2.25 1.25 N/A 1.25 Free 23.00 N/A 23.00 20.50 N/A 20.50 20 50 N/A 20.50 70.00 N/A 70.00 54.00 N/A 54.00 54.00 N/A 54.00 192 N/A 192 10.00 N/A 10.00 3.50 N/A 3.50 1.00 N/A 1.00 Free 100 13 113 Transportation Services Niagara Falls Transit - Garage Maintenance Diesel Fuel #2 Clear Outside Wash Outside Wash, Mop, Sweep, Fluids - 337 Rear Bus Degrease Washroom Service Washroom Service includes interior Sweep Inside Mop Inside Detailing - includes sweep /mop /wash Detailing - includes sweep /mop /wash /vac. - 337 Park Outside - 4 Long Term Park Outside - Regular - 337 Windshield Degrease & Scrub Labour - Straight Time Labour - Overtime Labour - Computer Diagnostics Road Service - Hourly Rate Road Service Mileage - Charge /km Road Service Bridge and Misc. Tolls (priced as required) Towing Charges (priced as required) AC Labour - Straight Time AC Labour - Overtime Battery Charge Parking Rebate - with any service (for 6 hr tkt.) -33- Niagarafalls HST . $ Total Market Value 29.00 3.77 32.77 35.00 4.55 39.55 7.75 1.01 8.76 29.00 3.77 32.77 39.50 5.14 44.64 17.00 2.21 19.21 17.00 2.21 19.21 110.00 14.30 124 30 175.00 22.75 197.75 9.00 1.17 10.17 15.00 1.95 16.95 7.75 1.01 8.76 110.00 14.30 124.30 125.00 16.25 141.25 105.00 13.65 118.65 145.00 18.85 163.85 1.05 .14 1.19 Market Value Market Value 115.00 14.95 129.95 130.00 16.90 146.90 25.00 3.25 28.25 -5.00 -.65 -5.65 Notes -34- Niagara,alls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 www.niagarafalls.ca CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Agreement with Touchstone Site Contractors Inc. respecting Crimson Park Playground Landscape Redevelopment. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Touchstone Site Contractors Inc. as the Contractor and the Corporation of the City of Niagara Falls as City, respecting Crimson Park Playground Landscape Redevelopment, 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 twenty- seventh day of June, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 27, 2011 June 27, 2011 June 27, 2011 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees. agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and that Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this twenty- seventh day of June, 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: June 27, 2011. June 27, 2011. June 27, 2011. 1 Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Marzenna Carrick Marianne Catherwood Julio Cavaliere Don Ceci Bob Chambers Joe Corradi Bill Crowder Ron Dayton Alex DeGaust Larry Desormeaux Bob DiGirolamo Larry Downing Tracey Gauthier Kevin Howe Lou Hussey Les Jarvis Arnold Larian Norm Leonard David Lewis Ian MacKay John MacLeod John McPherson Alyssa Minicucci Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Dave Timpson Gary Statchura Jana Vermeulen SCHEDULE "C" CITY OF NIAGARA FALLS By -Law No. 2011- A by -law to amend By -Law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposing and collection of rates for the use of water and water- related services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 10. of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: "Where more than one building is located on a particular lot or development. the Engineer shall determine if single or multiple water services shall be installed with either a master metering system or individual meters." Section 12.( 1) of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: "12.( 1 ) All water services from the water main to the property line of any premises shall be installed under the direction of the City at the expense of the owner" 3. Section 19.(5) of by -law no. 2007 -161 is amended by inserting the word "refusal" in the last line between the words "the" and "rate ". 4 Section 20. of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: - 20. All meters shall be provided by the City, and remain the property of the City. Costs will be born by the property owner as per the attached schedule." 5 Section 31. of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: .. 31. In the case of any premises other than a residential tenancy as per section 27. of this by -law, the City, upon providing notice as specified in section 33. of this by- law, may shut off the supply of water to any private water service for any of the following causes;" 6 Section 1. Of by -law no. 2007 -161 be amended to include the term "day" and reads as follows: "1.(d)(1) "day" means working days, exclusive of weekends or holidays." 7. Schedule "A" to by -law No. 2007- 161 is amended by adding section 8.(c) follow "(c) City supervised tapping fees 3/4-5/8 up to and including 1" service 2" and above $100.00 flat rate $400.00 flat rate 8. Schedule '`A" to by -law No. 2007 -161 is amended by deleting section 9.(a)& (b) and inserting: :. (b) During normal working hours: Outside normal working hours: $ 34.00 $175.00" 9. Section 4. of Schedule "A" to By -Law No. 2007 -161 is amended by deleting the section and replacing it with the following: "4. Flat rates for a private water service not metered because of refusal of owner: Residential After Due Date Before Due Date 3x the current flat rate per section 3. Industrial /Commercial/Institutional (ICI) After Due Date 3x the current service charge per section 1 plus 3x single month average of previous 12 months consumption history. or 3x the current service charge per section 1. plus. if no previous consumption history, 3x single month average of similarly sized account /type at the Engineers discretion 5/8" (1 5mm) 5'8 "x3/4 "(I 5mm) 3/4" (I8mm) 1" (25mm) 1.5" (37mm) 2" (5Omm) 3" (75mm) 4" (I OOmm;) 6" (I 5Omm) 4" (I OOmm) 6" (1 5Omm) 8" (200mm) 3x the current flat rate per section 3. Before Due Date 4% less than the After Due Date amount as calculated for ICI. section 4. 4% less than the After Due Date amount as calculated for ICI. section 4 10. Section 12.(c) of Schedule °A" to By -Law No. 2007 -161 is amended by deleting the section and replacing it with the following: "(c) Bulk water card purchase $ 15.00 11. Section 14. of Schedule "A"' to By -Law No. 2007 -161 is amended by deleting the section and replacing it with the following: positive displacement water meter & costs positive displacement water meter & costs positive displacement water meter & costs positive displacement water meter & costs positive displacement water meter & costs compound water meter & costs compound water meter & costs compound water meter & costs compound water meter & costs protectus compound water meter & costs protectus compound water meter & costs protectus compound water meter & costs 5 199.40 5 199.40 $ 233.64 $ 315.49 5 605.78 5 2.370.09 $ 3,283.54 $ 4,675.04 $ 8.504.95 $8.509.82 $10.206.35 $14.235.19 Passed this twenty- seventh day of June, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 27, 2011 June 27. 2011 June 27. 2011 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: The attached text and maps constituting Amendment No. 94 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twenty- seventh day of June, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 27, 2011 June 27, 2011 June 27, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - S•vOFFICIAI..PLN\AMEND \N94 - Growth Plan Conformity \Modifications for June 27, 2011 \BYLAW_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. 2. TEXT CHANGE SCHEDULE "B" - PHASING OF DEVELOPMENT of the Official Plan is hereby deleted and replaced with SCHEDULE "B" - PHASING OF DEVELOPMENT attached hereto. 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 for the Policies of this Plan but do not form part of the Plan itself. SECTION 2 - STRATEGIC POLICY DIRECTION The Official Plan for the 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 land 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 is table can be amended by Niagara Region without amendment to this Plan. 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. 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 such as walking, cycling and public transit. 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. -5 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. 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. 2.10 Expansions to the urban boundary shall only be considered in accordance with the Regional Policy Plan. Notwithstanding this and the policies of PART 4, Section 2.8, the applications to amend this Plan and the Regional Policy Plan affecting the lands west of the QEW to Kalar Road and south of Mountain Road to the hydro transmission corridor, may be considered in accordance with the transition regulations of the Planning Act and Places to Grow Act for pre- existing applications. - 6 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. General 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. Intensification Corridors 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 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 (ii) 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) Proposals within these intensification corridors may develop in accordance with the policies of PART 2, Section 1.15.5 (iii) should the subject lands have sufficient lot area, street frontage and other site attributes that allow for the development of increased densities. 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 Hans 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. 3.14 In order to support the revitalization and redevelopment of Downtown and Drummondville nodes, Council shall: Urban Design - 9 - 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 Tots, having sufficient lot area and frontage to provide for the building, parking and landscaped open space; 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. General Policies for the Downtown and Drummondville Nodes (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: - 10 - 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: • buildings listed on the Municipal Register of Heritage Properties; and • open space areas; 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; g) 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 j) 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 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. 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. 3.14.3 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 - 12 - 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 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: STAMFORD NODE • 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 - 13 - 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 should 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. 3.16.7 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 should 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 - 14 - 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 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; MORRISON /DORCHESTER NODE 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 - 15 - 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; 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 net density for residential development shall be 20 units per hectare. 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 - 16 - 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. 3.18.3.4 Where surface parking is provided, the parking area should 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, Building and Development in consultation with Transportation Services. 3.18.3.6 Developments should 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. PART 2 - LAND USE POLICIES SECTION 1 - RESIDENTIAL ii) PART 2, SECTION 1 - RESIDENTIAL is hereby deleted in its entirety and replaced with the following: Preamble - 17 - 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. " 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. - 18 - 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 in order to create more walkable communities. 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, public transit 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 primarily 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 - 19 - 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. 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, semi - detached and townhouse 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 lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas for both the principal dwelling and the second unit. (b) The property shall meet all zoning requirements with respect to lot frontage, area, depth, parking, landscaping and design. (c) Areas within the City that have sanitary servicing constraints shall be zoned so as not to permit second units. 1.10.2 Second units requiring building additions or substantial alterations to the principal dwelling should be designed to maintain the overall character of the principal dwelling. 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 - 20 - 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. 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. -21 - 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 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 (i) - 22 - 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: 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 net density of 75 units per hectare with a minimum net 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 net density of 100 units per hectare with a minimum net 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 should be employed to lessen impacts of taller buildings; • rear yard setbacks should 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 GREENFIELD AREA - 23 - structures that are integrated with the development; and • where surface parking is provided, the parking area should 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. 1.16 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. 1.16.1 The density of development shall be no 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. 1.16.2 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 16.3 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 - 24 - affordability within the Provincial Policy Statement. (vi)Appropriate separation distances shall be provided between residential and other sensitive land uses and industrial uses and, more specifically, shall not be located in close proximity to heavy industrial uses. 1.16.4 Within the Garner South Secondary Plan Area, as shown on Schedule A -2, the policies of PART 2, Section 13.56 of this Plan shall prevail. In addition, the Secondary Plan shall provide for a distribution and gradation of densities, heights and housing types where lower densities and heights are proximal to the 2km Cytec arc and higher densities are directed to the north and east quadrant of the Secondary Plan Area to assist in the strengthening of the Niagara Square Retail District. 1.16.5 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: (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) Culs -de -sac are discouraged. Abutting cuts -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. - 25 - (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. 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." PART 2, SECTION 3 - COMMERCIAL is amended as follows: residential and non - residential uses within these nodes." 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 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: "DOWNTOWN 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 9) - 26 - 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 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 ". 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 j) - 27 - 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. 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. "' 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 - 28 - 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 Drummondville 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. 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 Lundy's Lane battlefield, the Niagara Falls 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: - 29 - 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. 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 Retail stores should be limited to a size that does not compete with community serving facilities. 3.4.3.3 Parking areas should be located in the interior side or rear yards and screened from adjacent uses by decorative fencing and landscaping. 3.4.3.4 Residential uses may be permitted in the Zoning By law in order to create mixed use buildings. (i) Residential units are encouraged to be provided where total gross Ieaseable floor area exceeds 370 square metres; (ii) Residential units should be located above the ground floor. 3.4.3.5 - 30 - (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, Building 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). 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 e) Policies 4.2.30 and 4.2.31 are renumbered to 4.2.32 and 4.2.33, respectively. f) The following Policies are added: "4.2.30 -31 - 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." 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 should be located within interior side yards; c) garbage and recycling materials should be stored within fully enclosed structures; d) access ramps onto intersecting roads should be located as far from the residential interface as possible; and e) any signage should 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. - 32 - 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 net density of 100 units per hectare and a minimum net 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 should be sited such that rear yard setbacks 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. g ) Where surface parking is provided, the parking area should 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, Building and Development in consultation with Transportation Services. i) Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. j) 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 - 33 - provisions of the Planning Act, that will assist in the creation of public open space in the District." 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: 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 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 reduction or elimination of any long- standing land use compatibility issues with surrounding conforming uses; • provision of affordable housing; ii) adding the following: - 34 - • contributing to a mix of housing types and densities in the planning area; or the provision of facilities that assist in the development of a complete community." 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." "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." Policies 9.3 and 9.5 are deleted in their entirety. Policy 9.4 is renumbered to Policy 8.4. 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. 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 employment and industrial uses within the individual plan areas so as to assist in the creation of a complete community at the secondary plan scale and ensure an adequate separation distance is provided between residential and other sensitive land uses and heavy industrial uses. 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 land 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; - 35 - 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 may be developed for individual secondary plan areas, the following general design principles should apply to employment lands: QEW Employment Corridor 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 Tots should use combined driveways. 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 - 36 - 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 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. It is not the intent of these policies to preclude or limit this designation being applied to other gateway lands that have proximity and exposure to the QEW. Accordingly, other lands may be added to this designation as warranted, from time to time. 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 j) - 37 - 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, 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: "NATURAL RESOURCES - 38 - 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. 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. - 39 - 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. 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. - 40 - 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. 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. -41 - 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. 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 - 42 - 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)." 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. -43- 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: • 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. 1.1.2.7 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 - 44 - 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 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 - 45 - 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 theirtributaries. 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 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 1.4 WASTE DISPOSAL - 46 - 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. 1.5 TRANSPORTATION The City's transportation system is made up of the following elements: • Transportation corridors • 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. - 47 - 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 hubs and major 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 City and 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 - 48 - appropriate authority to provide and maintain appropriate level crossing control devices. 1.5.11 Where residential or institutional development is proposed in 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. 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 g) - 49 - convey traffic and pedestrians to transportation corridors. " 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." 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 - 50 - 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. 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 in order to create a liveable community." 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). 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 -51 - 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 and to other buildings are to be provided. 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. - 52 - 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. ". 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: - 53 - "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 is 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 to be intrusive nor add to visual clutter. Separation distance between signs and residential uses, designated heritage properties and open space should be 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. 5.5.6 Signs located in the Downtown and Drummondville Districts shall be designed to respect the historic character or heritage theme for these areas. As such, signs are to be at a scale and size that is appropriate for each district and in compliance with the specific design guidelines are to be developed for the Downtown and Drummondville Districts. 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 - 54 - 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" 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 - 55 - 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. 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: - 56 - 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 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; - 57 - • 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. 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: 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 •ection 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 'art 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 - 58 - 2-3 Storeys 1 NU r" TETT 7 .-- ! 1 I I ' I 1_ 4-6 — 1 Storeys / ON ST I m N ia garapalls K: \SourceData \Shapes \OP\ SchedA.2_Draft.maP • ................................................. 4-10 Storeys Ffl m r 111111111 Hu! 4-10 Storeys BRIDGE ST PARK ST 0 m Schedule A.2 (a) to the Official Plan DOWNTOWN NODE - HEIGHT STRATEGY 10-20 Storeys u r _z L.. _ ••Huniotte 1.2—/ // / !_ J mbiiiii§oi sic - — I r . 1 -{ , • , _ i 1 , t.-- - ■ , , • t .t..._t r tt.__ Tv • : Downtown Node Boundary • S S P • \ • • r-' L---: _ - . • _..a. 1 4-6 Storeys Maximum Maximum Minimum No. Storeys Density Density 2-3 50 uph 16 uph 4-6 100 uph 50 uph 4-10 150 uph 50 uph 10-20 -- -- Scale 1:5,000 March 2011 _ • ALA 4 -10 Storeys T SUMMER ST 6 -13 Storeys MURRAY ST EMERY ST 10 -30 Storeys 10 -30 Storeys No. Storeys 4 -6 4 -10 6 -13* 10 -30* Drummondville Node Boundary Maximum Maximum Minimum Density Density 100 uph 50 uph 150 uph 50 uph 200 uph 100 uph Building Heights as per Figure 4 (OPA No. 26; Approved May 2000) K: \Sou rceData \Sha pes \OP \SchedA.2 — Draft. map t F ... ..... .... m , PE • ROBINSON ST , • z IP i ' _* Schedule A.2 (b) to the Official Plan \iararawans DRUMMONDVILLE NODE - HEIGHT STRATEGY March 2011 cale :4,000 VIRGINIA ST • • • • • • • • • \\\\\ a, ♦ ■ ti ; Stamford Node Bi p Maximum No. Storeys 2 -3 4 -6 4 -10 Portage Road Thorold Stone Road Minimum Density 20 uph 20 uph 20 uph Niagara / iilL, K: \Sou rceData \Shapes \OP \SchedA.2_Draft. map Schedule A.2 (c) to the Official Plan STAMFORD NODE - HEIGHT STRATEGY May 2011 X} Ai m' r • • • • • • 0 0 • • • 0 . • • • . . . • nrt • • .4 • • te . • • rT' • -1 • S • c • • • • • • i 1 , Niagaraf rills K: \SourceData \Shapes \OP \SchedA.2 • \ \ A.1.....10 4 -10 Storeys �1l i.W.■N • ■ 4 -6 Storeys 1 C ROP ST /�1,1 111111. 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Schedule Schedule A.2 (d) to the Official Plan MORRISON / DORCHESTER NODE - HEIGHT STRATEGY • • Dorchester /Morrison Node Boundary Maximum Maximum Minimum No. Storeys Density Density 2 -3 50 uph 16 uph 4 -6 100 uph 50 uph 4 -10 150 uph 50 uph May 2011 Phase 1 Phase 2 Phase 3 0 Phase 4 ' Existing Municipal Service Area — Urban Area Boundary Road K: \5ourteDax \Shepes\001SCheda Draf.rrup l ame , Not or i I I,� r l 0) GRASSY BR OOK RO ' LUNDY'S LANE GRASSY BROOK RD BIGGAR 1■11( CARL RD ? r4 1 — ✓ 420 HWY MCLEOD RD REIXINGER RD FERRY ST ROBERTS ST MARSHALL RD REIXINGER RD LOGAN RD aoRrAGE RK 0 0 WEAVER RD NOTE: THIS MAP REPRESENTS A PHASING SCHEDULE FOR THE FUTURE SERVICING OF URBAN LANDS FOR DEVELOPMENT • WILLICK RD MILLER RD \1.1g.11'a'VIIIs SCHEDULE B of the OFFICIAL PLAN - PHASING OF DEVELOPMENT • `` 1 • • • / Location / Overview 1 � 9 Arn112010 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the payment of S29.587,669.06 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning May 12, 2011 to June 8, 2011. Passed this twenty - seventh day of June 2011. DEAN IORIFDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: June 27, 2011 June 27, 2011 June 27. 2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to adopt. ratify and confirm the actions of City Council at its meeting held on the 27 day of June. 2011. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 27t day of June. 2011 including all motions. resolutions and other actions taken by the Council at its said meeting, are hereby adopted. ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or w ith respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving. authorizing and taking of any action authorized therein or thereby. or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required. and. except where otherwise provided. the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty- seventh day of June 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: June 27, 2011 June 27, 2011 June 27, 2011