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2013/12/10 ". te ze l , ate a CITY Cr 4 ► CA.KALA COUNCIL , MEETING Tuesday, December 10, 2013 Order of Business and Agenda Package Niagaraf talis COUNCIL MEETING December 10, 2013 PRAYER: Mayor Diodati ADOPTION OF MINUTES: Council Minutes of November 26, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5:00 - 7:00 P.M. REPORTS PBD-2013-78 - Building Bylaw and Update of Permit Fees Note: The above noted report was advertised as a Public Meeting CD-2013-10 - Plumbers Licence R&C-2013-21 - Gale Centre Glycol Repair Project CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2013-58 - 2013 Capital Projects Status Report F-2013-66 - Municipal Accounts - 2 - F-2013-69 - Approval of Interim 2014 Spending Limits MW-2013-61 - Assumption of Various Subdivisions MW-2013-62 - Maple Street Sewer Separation, Watermain Replacement and Road Reconstruction PBD-2013-68 - 26T-11-2009-01, Extension to Draft Plan Approval, Draft Plan of Subdivision, Fernwood Phase 3 Subdivision, Owner: 800460 Ontario Inc. PBD-2013-76 - 26T-11-2005-01, Draft Plan of Subdivision, 9116 Tallgrass Avenue. Owner: Queensway Chippawa Properties Inc. Applicant: KLM Planning Partners Inc. PBD-2013-77- Street Name Change Kalar Road to Heartland Forest Road on the Portion of Kalar Road, South of Brown Road to Chippawa Creek Road. TS-2013-50 - WEGO Routing for New Year's Eve TS-2013-51 - License Agreement Request by Region of Niagara TS-2013-52 - Agreement Request by Boys & Girls Club MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Kathleen MacCarthy - requesting the City consider instituting a trap-neuter-return program. RECOMMENDATION: Refer to staff. 2. Canadian Union of Postal Workers - requesting support that the Canadian Postal Service Chrater Review be open to the public and focus on revenue generation and not cuts. RECOMMENDATION: For the consideration of Council. 3. Kerry Boyle-protesting the parking restrictions approved by Council on the west side of Dorchester Road, between Douglas and across from Caledonia. RECOMMENDATION: For the information of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration - 3 - RATIFICATION OF "IN CAMERA" MATTERS PRESENTATIONS/DEPUTATIONS Fairway Sewer Backup LCol. Bernard L. Nehring, representing residents on Fairway Road regarding sewer backups. Culture Plan Survey Priscilla Brett, Chair of the Arts and Culture Committee will outline the city of Niagara Falls Culture Plan Survey, currently being conducted. Blood Donor Clinics Geoff Ryall, Community Development Coordinator, Niagara Region Canadian Blood Services, will address Council regarding their upcoming blood donor clinics. A.N. Myer Football Team - Metrobowl Championship The A.N. Myer Jr. Football team will be recognized for their recent victory at the Metrobowl. Business Anniversary Recognition Dobbie's Florists (125 years) and Crawford, Smith and Swallow Chartered Accountants LLP (75 years) will be recognized. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-176 A by-law to authorize the execution of a License Agreement with The Regional Municipality of Niagara respecting the installation of a WEGO sign and the operation of a WEGO bus stop on lands owned by the Region and located on Lundy's Lane. 2013-177 A by-law to authorize the execution of a Permission to Use Lands Agreement with the Boys & Girls Club of Niagara respecting the use of a portion of the lands owned by the Club and located on McLeod Road, for the purpose of a turnaround for City buses. - 4 - 2013-178 A by-law under the Building Code Act respecting construction, Demolition, Change of Use, Occupancy Permits, Transfer of Permits, Inspections and Associated Fees. 2013-179 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2013-180 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. 2013-181 A by-law to authorize the payment of $3,903,298.48 for General Purposes. 2013-182 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10`h day of December, 2013. NEW BUSINESS m m v 0 73 -I w PBD-2013-78 NiagaraJalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-78 Building By-law & Update of Permit Fees RECOMMENDATION That Council enacts the new Building By-law including the updated schedule of fees. EXECUTIVE SUMMARY The existing Building Permit By-law is in need of an update to address the changes in processes and technical requirements brought about by the updates to the Ontario Building Code (OBC). In addition, the fees established through the Building Permit By- law have be fixed for the last five (5) years whereby full cost recovery has not been able to be achieved. The proposed new Building By-law updates the language of the by-law and integrates an updated schedule of fees which is designed to phase in a permit fee increase to ensure development is self-sustaining in the City of Niagara Falls from the Building Services perspective. BACKGROUND In 2007 Council passed the current Building Permit By-law [By-law 2007-33] which was necessary to address the changing legislation introduced through Bill 124. The language of the by-law was such that it complemented the initiatives enacted by Bill 124 to align the processes within Building Services in a way to improve the public's overall access to building permits. This was accomplished through a framework of requirements aimed to ensure that the necessary information was submitted to Building Services to allow for the permit to be issued within the timelines stipulated by the Bill. In addition to the technical requirements and process improvements introduced through Bill 124, the Bill also made a drastic change to the process in which municipalities were permitted to establish fees for the various building services offered. The updated regulations were written to require the municipality to establish their fees associated with the administration and enforcement of the Building Code Act on a basis of cost recovery. This was done to begin to build a system whereby the fees associated with the development would compensate for the services required to permit the development to occur. December 10, 2013 -2 - PBD-2013-78 The regulations introduced by the Bill do allow for each Building Department to establish a reserve permitted to be built up over positive years to account for downturns in the economy or slow development years. By doing so this was aimed at creating some stability within the Building Departments to allow staffing levels to be maintained and service models to provide the level of service demanded by the regulations. As an integral component of the development of the current Building Permit By-law a thorough external consultant review of the processes of Building Services was conducted to establish a base level of fees to achieve cost recovery. This schedule of fees was established through the enactment of the current by-law in 2007 and then later updated in late 2008 to take affect for the beginning of 2009. The applicable fees provided for within the Building Permit By-law have been fixed since that time with no additional increases. Since the passing of the current Building Permit By-law in 2007 the Ministry of Municipal Affairs and Housing has introduced two (2) new Building Codes with the 2006 OBC released in 2008 and their newest iteration being the 2012 OBC coming into force on January 1 , 2014. To reflect the continuation of technical and process improvements provided for in the 2006 OBC and to prepare for the further improvements and modifications made in the 2012 OBC, Staff has prepared an updated Building By-law for Council's consideration. The proposed Building By-law builds upon the foundation set with the 2007 by-law and like the OBC makes improvements to the processes and language of the current established regulations. In addition, Staff also took the opportunity to analyze the fee structure and to introduce a proposed graduated fee structure that will allow for cost recovery to be achieved again with a minimal impact on the building community thus allowing for a sustained, if not improved level of service. ANALYSIS/RATIONALE The new Building By-law, while based on the regulations established through the current by-law, has been completely rewritten thus resulting in a new by-law rather than an amendment. This was done to ensure the by-law was straight forward in its structure to allow for easier comprehension by the public. The new by-law offers a number of enhancements to the current by-law, some of which are outlined below: 1) Conditional Permits — the new Building By-law integrates the language from By- law 2013-158 which was passed by Council in 2013 to delegate the authority to enter conditional permit agreements to the Chief Building Official. The new Building By-law also provides for a clear process and requirements needed to be met prior to the issuance for a conditional permit. By adding this language to the by-law it ensures that all applicants wishing to obtain a conditional permit are treated in a fair and consistent manner. December 10, 2013 -3 - PBD-2013-78 2) Revocations and Inactive Applications — from time to time the need exists for a permit to be revoked or where a permit application needs to be dealt with due to a prolonged period of inactivity. The new by-law provides for clear language to establish how these matters are to be resolved to again provide for a consistent approach to the issues when they arise. 3) Site Plans and Lot Grading Plans — the language with respect to site plans and lot grading plans has been addressed through the new Building By-law to ensure the responsibility for the preparation and design requirements of each document exist with the consultant who is designing the site and not with City staff. This will result in a clearer level of responsibility for the information and will allow for quicker processing of lot grading plans through an elimination of unnecessary red tape when conducting plans examinations. 4) Refunds of Permits and Deposits — through the language in both the body of the by-law and the schedule of fees, a system will be established for the refund of permit fees and deposits when necessary. By employing the new regulations, it will help to ensure that the municipality retains enough of the fee to compensate for the services provided while allowing for a greater ability to issue refunds where applicable. In order to address the matter of fees a full review of the schedule of fees was conducted and a number of improvements have been made. These improvements are intended to make it simpler to calculate fees and to better reflect the required fees to compensate for the services provided. The review of the fees involved obtaining and understanding how the permit fees were increased in the past, creating a comparison with other municipalities within the Region as well as understanding the general increases that are forthcoming in the new year for other municipalities in the region. The review identified that the lack of increase over the last several years has allowed for a significant gap to be created between the building permit fees of the City of Niagara Falls and those of other comparable municipalities in Niagara. The results of the review revealed that in order to bring fees in line with those other comparable municipalities in Niagara, a fee increase of 10 — 15% would be required. Since an increase of this magnitude would be neither desirable nor palatable an alternative option was sought. The alternative method being recommended by staff is to break up the increase into smaller more manageable increases that could be implemented over the next three years that will ultimately bring the rates up to a competitive level with other Niagara municipalities. The schedule of fees attached to the by-law identifies the fee changes for each year up to 2016. These proposed percentage increases would take effect for all associated fees related to a per square metre type fee. Fixed fee rates would remain fixed until a re-evaluation of the permit fee structure as identified below can be conducted. The proposed schedule and percentages is recommended as follows: December 10, 2013 -4- PBD-2013-78 January 1 , 2014 3% July 1, 2014 3% January 1, 2015 3% July 1, 2015 3% January 1, 2016 3% As staff would like to establish a five (5) year plan for permit fees and increases moving forward, it would be recommended that the construction price index (CPI) + 2% to account for associated cost increases be utilized for fee increases due January 1, 2017 and January 1, 2018, respectively. During 2018 staff can employ an outside consultant to re-evaluate the building permit fee structure and any recommended modifications can be made for any increase proposed for 2019. An example of the impact this will have can be shown by the example below: A typical 140m2 (1500 sq.ft.) dwelling Current: 140 x $10.13/m2 = $1418.20 Jan. 1, 2014 140 x $10.43/m2 = $1460.20 Jul. 1, 2014 140 x $10.75/m2 = $1505.00 Jan. 1, 2015 140 x $11.07/m2 = $1549.80 Jul. 1 , 2015 140 x $11.40/m2 = $1596.00 Jan. 1, 2016 140 x $11.74/m2 = $1643.60 To ensure the building community and public were aware of the Building By-law update as well as the fee increase, an advertisement was placed in the newspaper advertising a public meeting being held December 10, 2013 at the onset of Council. The purpose of this public meeting is to hear from members of the building, design and development community as well as the general public. In addition to the newspaper notice, a bulletin was created and released to the public through direct mail to more than one hundred contacts with which Building Services presently has or has had business dealings with as well as the Niagara Construction Association Office and the Niagara Home Builders Association. A copy of the Builder Bulletin prepared to bring the matters relating to the update of the by-law and fees as well as other applicable issues of note to the attention of the building, design and development community has been attached to this report. December 10, 2013 -5 - PBD-2013-78 CONCLUSION: The new Building By-law will allow for a more refined approach to the administration and enforcement of the Building Code Act through the improvements made to capture updates resulting from the release of the last two (2) Building Codes. The focus on the many improvements is to provide applicants with clearer and more defined regulations to allow for compliance options to be easier understood and complied with thus improving the process for all involved. The increase in building permit fees reflected by the schedule of fees attached to the new Building By-law represents a compromised approach to allow for fairness to the building community while increasing fees appropriately to ensure cost recovery is reached for the municipality. It is therefore respectfully recommended that the new Building By-law be enacted this evening thus bringing the new regulations and fees into force commencing January 1, 2014. LIST OF ATTACHMENTS: • Appendix 1 — Builder Bulletin Recommended by: Jeff M- ard, Chief Building Official Approved by: —p/Alex Here" itrector of Planning, Building & Development Respectfully submitted: J Lat—tiAl Ken lodd Chief Administrative Officer Jeff Menard Attach. S:\PD R\2013\P B D-2013-78.d ocx t,'":1:1:.1.): sr',+4' "14,411-:'.: ISSUE' /* ,tld;fa; Niag,n"a/?all services DECEMBER 0 t bX 1' t it-- -N } i'~1 this issue ` a ak' New Building By-law & Fees `� Changes to Building Services As pan of the building by-law - Inspections Going Digital update all of the permit • application forms have been OBOA AMTS 2014 revised. A number of new forms have also been added to provide an easier way for applicants to submit necessary information. Forms A ouch meeting will be held or December 13, - -- - - - -- available at Building Services 2043 at 5..00 cm -r Council Chamoers at City - - - - - or WA,w.niagarafalis.ca Hail where Couecu will here from the public - about the new building by-law and :ne update -- :no buulding oer^R fees. The by-law makes improvements to the existing by-law while the uodate of the fees croocses to increase fees The City of Niagara Falls gradually over a 3 year soar to lessen the Building Services requires the submission of a top of wall' mmediate burden on the building community. survey to be submitted prior - to the booking of the backfill - - - inspection on residential homes. This practice will continue with a - - - - - - - few tweaks. Now required to be included - January 1, 2014 3% increase on the 'top of wall" survey - July 1, 2014 3% increase is the height of all bucks in January 1; 2015 3% increase the foundation for items such July 1, 2015 3% increase as windows man doors and - - January 1, 2016 3% increase garage doors. In addition the January 1, 2017 &2018 2%+ CPI increase survey will need to confirm building location with respect to property lines. " r,1 Inn UNDER t p Building Services staff have CC�NSTRLIE' ION _ begun to implement an Owner Yv��V wt' - - a„n n', na,e ! Authorized Agent only policy. This policy requires that the i - - - r,Q'0Ja CusiJr'e- applicant must be the owner of the property or the owner must - authorize the party making appli- cation for the permit. in July of 20': the Cr.t, or - - - - - _ - - - Niagara Pals welc�n,eJ a _ _ _ _ - - _.._. -. This impacts applications further new Chief B.!/Ji-g CH'c a - _ - - - -because all correspondence for sodding Services. -. CBS _ _ - - - --- the application, including the ?,iagara ror airncat - - -_ plans examination report will be ea-S Jen' tile.-ard c'ngs -issuedtotheapplicantonly. The q ow+edge Cr the industry - - - applicant will be able to distribute y. a.s ex erience ard a _ - - - - -" this information to all vested rew leadership `0005 is the - - - -. - - -- - _- - - parties therefore ensuring that Je a:rrment. 'vet's eadership the applicant is always aware oo + to bang &rout orange - - -- - ` of what is happening with their ard sometimes orange is a application for permit gyred thing. <i!drng Serrces has :cadged terevarans If the applicant wishes for others "c, the ^rfice -e Cur`Jn51P9 et -- - to be copied in correspondence star' ace the rtrocucrcr, cf a - - - - they may make their request in eiri position we,-e a. _ne - - - writing to Building Services. Inver.ve custcne ex:sererce. _ _ - - - - F" ', �. Engineers required for roof top Solar Panels r The of Solar Panels b e ore -aye on residential roofs is a growing T -i+ is � '_... C " y4 phenomenon brought about by increased energy costs and ' various governmental funds and grants that make the installation - of solar Panels on residential Se _ c o an - roofs feasible - - The additional loads placed on - - a roof typically point loads- are - - not generally accounted for dur- :sc-e__ a: _°e s _ _ Ing the design of the home's roof %1 I 30:0 'c slip- Jr° 27. system. Structural Engineered nS:edit 3r5 Hhiie soil on site - - designs 'kill be requltea for he 3.1 '"ec orcode aacticants - - - _ installation of :hese systems .... . e y,a escephor on roofs and a final inspection "'port --gint p 'her e—a. _ - repod to center, p-oper instal- labor ;kill also be required to be submitted prior to closure of the permit. City Hall Closed •ntario Building Code 2012 Transition During the Holiday Season City Hall will be closed for a short time to give staff the ability to 6 m Permits issued �r prior to i,2614 spend time with their families abject b the Trai1SIt RIDS and friends. City Hall will be ww sapulated in the Ontario BWkiing Cede. Col" open the week following week A.BSA the Bullets Code and "b' 1. ..,r c ' Any construction a eu Leiny ccor PQgartGng Christmas except for New Years new Surfing lity-I®w 'dime imam, here 2012 _.A �. i issued Prier to am OBC 2012 naming.kilo Day. Happy Holidays! sn Amway T, al14. This toes* that ry. tore will be subject to the tegulations of WI app0¢r one subm ttad on or alts the OK 2006 under which it was glanlsd Dec 24.2013-Closed @ 3pm t&#ele, r wikns Sa640 t the new regulations. a pertmdt. AO new cvnstructon after the bet w➢be Dec.25-27 2013-Closed Os* for permit submitted prior subject to OBC 2012. . to Jemmy I.2014 Of be tar the existing rata Dec.30&31 -Open Jan. 1 2014-Closed Jan.2&3,2014-Open PASSION Cfr os Upcoming Events •ed� nyldaoyCa,Agass i'•� • December 10, 2013 @ 5 OOom S.„28 Oct2g1 OW » - - - 3•xoHY• • January 1 2014 • Jancan; 1- 20'4 and July 1- 20'4 The OBOA AMTS is being - -held in Niagara Falls at the Sheraton on the Falls. Donations are welcome for • Sec enlbe 28 to October 2. 2014 the various events and Golf .. - Tournament. Contact Belinda - - - - - Phillips in Building Seruoes for inquiries. bphill ips @ni agarafalls.ca Building Bulletin Issue 01 December 2013 ! a• \iagatttj ull. sere ces CD-2013-10 NiagaraJalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2013-10 Plumbers Licence RECOMMENDATION That Council repeal By-law 6328, 1963, known as the Plumbing By-law, and related amending by-laws. EXECUTIVE SUMMARY The City's Plumbing By-law, which licences plumbers operating in the municipality, has been on the books since 1963. The associated local Board of Examiners, which tested local plumbers, to see if they were qualified, has long since ceased. With plumbers licensed and tested through the Province, the continued practice of licensing plumbers to do business in Niagara Falls is questionable. The municipal licence does not connote qualifications and is merely a fee to do business within the City of Niagara Falls. As a result, staff is recommending that licensing scheme be discontinued. Revenue loss will be compensated for in increased building fees, which incorporate plumbing inspections. BACKGROUND By-law 6328, 1963 is a by-law to license, regulate and control Plumbing Contractors, Master Plumbers, Journeyman Plumbers, to set the fees for such licences, to establish a Board of Examiners to test the applicants and to provide a fee for the inspection of plumbing installations. The by-law has been amended over the years amending the applicable fees. Despite the vintage, the by-law is still applied at the City with more than 110 plumbers licensed annually, at $40/year, by the municipality. At the time of the by-law's passing, plumbers likely were self-taught or apprenticed. The local Board of Examiners ensured applicants were qualified in the trade. A licence from the municipality would give the local consumer some comfort that the plumber was competent. In light of college programs and provincial certification, the local Board of Examiners has long since ceased. Section 150 of the Municipal Act allows municipalities to licence businesses. A business is defined as "any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality" and includes trades and occupations; therefore, in addition to physical businesses, the municipality is authorized to licence individuals in a trade or occupation. The Plumbers licence has never been incorporated into the City's Business Licensing By-law. Currently, first time applicants are processed through the Building Department, with renewals processed December 10, 2013 -2 - CD-2013-10 through Clerks during the annual business licensing renewal process. ANALYSIS/RATIONALE Although the Municipal Act, with some exceptions for industrial, wholesale and natural resource-based businesses, allows the municipality to licence most businesses, and individual trades and occupations, municipal business licences tend to be related to physical businesses. Licensing fees can be best justified in association with the inspection costs (building, fire and health) incurred by the municipality with physical buildings. Nonetheless, there are some exceptions where individuals are licensed under municipal licensing by-laws. Occasionally, a trade or profession may balk at a municipal licensing scheme if they are already licensed through the Province and will view the municipal licence as a"cash grab." In our municipality, we once licensed Registered Massage Therapists (RMT's). Based on the fact that the profession is licensed provincially, the city ceased enforcing the municipal licence requirement when the local industry petitioned the City. Similarly with plumbers, a Provincial certificate, achieved through required training and testing, exists. The municipal business licence requirement is not associated with any inspection or direct municipal costs, it is, in essence, a licence for the right to operate in the City. The presence of a municipal business licence may signal to the public that the plumber has met some standards or criteria imposed by the municipality, which is not the case. Even the City's own WRAP (Weeping Tile Removal Program) program requires that all subsidized work must be completed by "licensed plumber registered with the City of Niagara Falls." Despite the existence of Provincial certification and lack of need for local Plumbers examination boards, most municipalities continue to licence plumbers (as opposed to plumbing businesses). Some municipalities have reciprocal arrangements with nearby municipalities, whereby one business licence is satisfactory to operate in other municipalities within a Region. Nonetheless, based on the antiquity of the by-law, lack of municipal criteria and oversight, and existing Provincial certification and testing, staff is recommending that the municipality cease to licence plumbers. The nominal revenue received will be offset through the increase in Building permit fees, the subject of a separate report on this evening's agenda. The WRAP program can be amended with plumbers showing their Provincial certification. FINANCIAL/STAFFING/LEGAL IMPLICATIONS A plumber licence is $40/year. With more than 100 licences issued annually, the municipality will forego between four and five thousand dollars a year; however, the increased building permit fees will offset revenue losses. CITY'S STRATEGIC COMMITMENT Economic vitality: reviewing fees and fostering growth for small business. December 10, 2013 -3 - CD-2013-10 Recommended by: n 1?/ ( L" Dean lorfida, City/Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer DI R&C-2013-21 Niagaraapalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2013-21 Gale Centre Glycol Repair Project RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY On June 11, 2013, Council authorized the engagement of Mattina Mechanical Ltd. to complete emergency repairs to the glycol system at the Gale Centre. A three-week shutdown took place July 15 - August 6, 2013, to complete the immediate maintenance issues. Mattina Mechanical Limited completed the emergency repairs with the final costs of their work being $292,040.00. BACKGROUND The Gale Centre Glycol Repair Project, R&C-2013-11 presented to Council June 2013, stated the following work needed to be completed as soon as possible: • All failed joints be disassembled and remade and all non leaking joints be inspected and tightened in accordance with the manufacturer's installation and instructions. • Replace existing automatic air vents with vents that can handle the actual system operating pressure. Additional work related to future energy saving projects was included in the scope of work to avoid future shut down of the entire system. ANALYSIS/RATIONALE Mattina started the project Monday, July 15, 2013. The company inspected 391 victaulic joints located throughout the facility. Joints were inspected in mechanical rooms, refrigeration room, cooling tower, corridors, showers, snow pits and the main spine/galleria. December 10, 2013 - 2 - R&C-2013-21 During the inspection of the 391 victaulic joints, Mattina charted the following information: • Visible Leak - Yes or No • Coupling Installed Correctly - Yes or No • Groove Acceptable - Yes or No • Date Checked and Date Repaired • Action Taken • Picture of Joint before repairs were completed The contractor found 173 victaulic joints or 43% of the 391 joints that were inspected had a visible leak. Also noted, 309 out of 358 or 86% of the joints, the couplings were not properly installed, resulting in 309 joints requiring the coupling and gasket to be replaced with new coupling and gasket or the coupling had to be tightened to specifications. If the groove was not acceptable, the pipe had to be re-grooved and installed or some of the pipes had to be replaced with the correct length. Following the repairs the system was cleaned and pressure tested. The contractor guaranteed to provide all labour, materials and services to make good all defects arising from faulty workmanship or materials for all repairs completed by Mattina Mechanical Ltd. at the Gale Centre for two years beginning October 4, 2013. Aquicon Construction Ltd. repaired the ceiling and walls that were damaged during the inspection and made repairs to the victaulic joints, at no additional cost to the Corporation. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The original estimated repair cost was between $150,000 to $200,000. This estimate, as reported to Council during an in Camera meeting on August 13, 2013 increased to approximately $300,000. Prior to the commencement of the project, the actual cost was unknown as the insulation had to be removed from the pipes to examine the 391 joints in the facility. Extra costs were also incurred as the company worked double shifts to ensure the work was completed in the refrigeration and mechanical rooms in order to install ice for the summer/spring users. The facility opened to the public Tuesday, August 6, 2013. The remaining work including inspecting the joints located outside of the mechanical and refrigeration rooms and replacing the air vents was completed October 4, 2013. CITY'S STRATEGIC COMMITMENT Strategic Priority, Economic Vitality, directs staff to, "Ensure efficient and effective delivery of the core municipal services." Recommended by: Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: I Ken Todd, Chief Administrative Officer F-2013-58 NiagaraJ7alls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F-2013-58 2013 Capital Projects Status Report RECOMMENDATION That Council approve the closing of projects identified as completed and receive the information on the ongoing projects. EXECUTIVE SUMMARY This report is being provided to update Council on the status of capital projects previously approved. This update includes projects completed, those underway and those not currently started. As Council may recall, the 2013 Capital Budget was approved in April 2013. The projects that have been completed as of September 30, 2013 have been identified and will be included in the City's capital assets as part of the year end process. Projects that are not completed will be included in the work in progress account at year end. The final cost summaries of projects identify that some of the completed projects are overspent, while others are underspent. Comments have been provided for all projects. The overspent projects with balances remaining will be funded by capital reserves while projects with surpluses will see these transfer to capital reserves for future projects. BACKGROUND As a continued exercise to improve fiscal reporting staff are providing this report to identify the status of capital projects as at September 30, 2013. The intention is to provide these reports annually. ANALYSIS/RATIONALE The projects listed are either completed, have construction in progress, or are in the planning stages. The financial position of each project has been identified for Council. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This report provides an update on all approved capital projects. The attachment provides additional information on completed projects requiring balance transfers to close. LIST OF ATTACHMENTS Capital Project Status Report December 10, 2013 2 - F-2013-58 ///�� Recommended by: '/ Todd Harri o , Direc ero Finance Respectfully submitted: I Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS Capital Project Status at September 30,2013 Bud et Amount of Percentage of Capital Project Name Project# GL g Approved Budget Spent Comments Passed Budget at Sept 30/13 FUND 12 GENERAL GOVERNMENT New Financials&Equipment 61 100001 Cartegraph Implementation 2012/13 398,931 In progress Microsoft Office 2013 75,000 Project complete,costs to be finalized Microsoft Windows 2013 35,000 Project complete,costs to be finalized City hall Phones 2012 110,000 In progress Access System 2012 55,000 In progress Development Charges Update Study 02 100002 on-going In progress Land Purchases(Colangelo Estates) G4 100004 2013 245,000 100% Project complete,costs to be finalized Convention Centre G9 100009 2011 12,003,739 Project complete,costs to be finalized SBEC Office Furniture G10 100010 2013 50,000 133% Project complete,costs to be finalized Battlefield School Property Gil 100011 2012/13 1,270,000 74% In design FIRE SERVICES Self-Contained Breathing Apparatus(SCBA) F9 210009 2013 10,000 0% Equipment ordered Specialized Rescue Equipment F12 210012 2013 22,500 99% Project complete,costs to be finalized Training Grounds F18 210018 2012 20,000 78% Project complete.costs to be finalized Personal Protective Equip.(formerly Bunker Gear) F38 210038 2013 100,000 58% In progress Diesel Fumes Extraction Systems F45 210045 2013 65,000 62% Project complete,costs to be finalized PPV Fans/Smoke Ejectors F48 210048 2013 12,000 93% Project complete,costs to be finalized Renovations&Safety Renovations to Station 2 &3 F49 210049 2012 90,000 54% In progress Traffic Preemption F50 210050 2012 150,600 85% In progress Rehab Equipment F51 210051 2013 20,000 0% Equipment ordered MUNICIPAL WORKS New Sidewalk Construction R6 310006 2012/13 250,000 7% In design Asphalt Overlay R24 310024 2013 1,000,000 46% Ph 1 Construction completed Ph2 in progress Kalar Rd.Reconstruction-Lundy's Lane to Beaverdams R27 310027 2011-2013 5,679,471 53% Ph 1 In progress Ph2 in design Dixon Street/Cleveland R37 310037 2012 1,709,860 39% Construction complete Sidewalk Replacement R39 310039 2013 375,000 0% Contract awarded Surface Treatment R40 310040 2012 400,000 94% Construction complete Drummond Road Reconstruction R44 310044 2011 7,786,233 79% Construction complete Downtown CIP.Public Realm-Phase 1&2 R51 310051 2006-2012 5,985,995 102% Project is complete;costs to be finalized Fruithelt Parkway Reconstruction R56 310056 2011/13 1,032,084 20% Construction complete McLeod Road -Kalar to Pin Oak R66 310066 2011 461,030 30% Construction planned for 2014 Thorold Stone Road Extension R67 310067 2012 3,968,155 0% In design Lundy's Lane Streetscaping R68 310068 2012-2013 380,000 6% In design Mountain Road-Phase 3 R69 310069 2012 466,000 0% Regional project with City cost sharing component Dorchester Rd R70 310070 2012 340,346 110% Construction complete Victoria Avenue Streetscaping R71 310071 2012/13 388,800 54% In progress Buchanan,Desson,Slater Reconstruction R73 310073 2013 100,000 20% In design Street Lighting R74 310074 2013 50,000 14% In progress Beck Road Bridge Rehab BC1 315001 2012 42,500 34% In design McKenny Road Bridge Rehab BC2 315002 2011 225,000 2% In design Stanley Ave(Somerville)Bridge Rehab BC3 315003 2011 25,000 54% In design Lemon Rd Bridge Replacement BC4(R57) 315004 2011/13 819,698 43% Construction complete Willodell Rd Bridge Replacement BC6(859) 315006 2011 36,925 83% In design Willoughby Dr(Chas Ruch)Bridge Rehab BC7(R60) 315007 2011 50,387 60% In design Mewburn Road Bridge BC9(R63) 315009 2011 401,824 30% In design Chippawa Parkway Culvert Rehab BC10 315010 2012-2013 32,500 24% In design Miller Road Bridge replacement BC11 315011 2012/13 780,850 46% In progress Ferry Street(Stanley to Temperance)&Main Street Watermain&Streetscaping MSl/M54 320001 2011 6,208,445 102% Construction complete Bridge Street Sewer&Watermain MS6 320006 2011 2,985,500 1% In design at September 30,2013 Amount of percentage of Budget Approved Budget Spent Comments Capital Project Name Prolect# GL# Passed Budget at Sept 30/13 Oneida Lane Rehab MS7 320007 2012/13 575,740 81% Construction complete Second/First/Bridge MS8 320008 2009 2,154,362 97% Construction complete McRae Street(Ph 2) MS10 320010 2011 1,739,700 65% Project is complete;costs to be finalized Second&Hamilton MS11 320011 2011 1,601,900 59% Construction complete Spring Street Watermain MS12 320012 2011 1,679,500 84% Construction complete Hamilton Street MS13 320013 2012 669,700 0% In design Beaverdams Rd Storm&Watermain MS14 320014 2011 291,900 3% In design Kalar Rd(Rideau to LL) MS15 320015 2011 75,000 65% See P27 Drummond Rd-PH 3(Lundy's Lane) M516 320016 2012 1,954,254 102% Construction complete Buckley Ave(Park to Queen) MS17 320017 2012/13 3,024,430 3% Design complete-tender in early 2014 Flynn Court&Chippawa Pkwy Reconstr. MS18 320018 2012 696,900 1% see W27(combined in tender) Fallsview Boulevard M519 320019 2012/13 704300 2% In design First Avenue(Bridge to North) MS20 320020 2012 434,400 0% In design Furlong Street(Catell to Limit) M521 320021 2012/13 259,850 3% In design Level Avenue M522 320022 2012 70,200 11% In design Portage Road MS23 320023 2012 232,000 29% In design iYS24 320024 2012 27,800 839; In design Strang Project complete;costs to be finalized Waterloo Road Sanitary Sewer S519 410019 2011 4630,672 100% I P Waterloo erive SS20 410020 2011 630,672 109% Project complete;costs to be finalized Catell Drive Sewer 5521 410021 2012/13 3,006,796 2% RFP being issued by Region Buchner Place SS25 41002S 2012 19,900 0% In design Gunning&Mears PS SS26 410026 2012/13 140,000 3% In design Lamont SS27 410027 2012 123,300 0% In design Maple Street SS28 410028 2013 80,000 0% In design Robinson Street SS29 410029 2013 100,000 0% In design Sylvia Place 5530 410030 2013 40,000 0% In design Crescent Road S531 410031 2013 40,000 0% In design Chippawa Sewer Analysis SS32 410032 2013 50,000 0% In design Niagara Falls Pollution Control Plan Update SS33 410033 2013 200,000 0% In design Boyers Creek Municipal Drain STMS24 420024 2011 85,000 7% In design City Wide Master Drainage Plan STMS31 420031 2012 300,000 2% RFP being issued STMS32 420032 2012/13 1,786,270 2% In design-Construction planned for 2014 North Street/Forsythe study) n Beaverdams SWM Pond STMS33 420033 2012 221,900 7% In design(EA y) St John's ew Flo Drain STMS34 420034 2013 75,000 1% in design Chippewa Flood Relief/Riverside Park Storage STM535 420035 2013 50,000 0% In design Young Municipal Drain 2011 107,230 0% Cost sharing with Port Colborne Marinelli Subdivision l t 2013 26,140 0% In progress Stanley--whirlpool to TSR 2013 300,000 0% In progress-Joint project with the Region Baldwin/Mulhern W21 430021 2012 1,641,600 1% In design Oakwood Drive North Watermain W25 430025 2011 585,200 84% Construction complete Bridgewater Street Watermain W26 430026 2012 998,169 0% On hold/delayed due to recent NPC overlay of road Chippawa Parkway&Flynn&Cook St. W27 430027 2011/13 258,500 57% Construction complete Watermain Ailanthus Avenue W29 430029 2012/13 2,046,490 32% In progress Arad Street(Heximer to Brant) W30 430030 2012/13 653,700 39% Construction complete Cook Street Watermain W31 430031 2011 266,100 see W27 Project combined with W27 Varsity Ave Water main W32 430032 2013 230,000 0% In design Chippawa West Phase 2 Subdivision 2013 21,855 0% In design Watermain Cleaning&Relining 2013 300,000 0% In design Watermain Replacement Program 2013 90,000 0% In design Mountain Road Landfill Closure LF1 450001 2011 35,000 0% Consultation with Region Vehicle Replacement TR1 370001 2012/13 2,217,070 50% In progress CEMETERY Project com complete;costs to be finalized Fairview Section V Development C4 540004 2011 60,000 91% P Fence Replacement C6 540006 2012 85,400 112% Project complete;costs to be finalized at September 30,2013 Bud et Amount of Percentage of Capital Project Name Project# GL# g Approved Budget Spent Comments Passed Budget at Sept 30/13 Fairview Storm Sewer Assessment C7 540007 2012 20,000 68% In progress Cemetery Business Plan C8 540008 2012 2Q000 135% Project complete;costs to be finalized Lundy's Lane Cemetery Waterline 2012 40,000 0% In design-to be completed in 2014 Cemetery-Section V Scattering 2013 6,000 0% Construction complete-awaiting invoice Stamford Green Columbaria 2013 18,000 0% Construction complete-awaiting invoice PARKS Leash Free Dog Park P43 710043 2012 135,000 99% Construction complete Baden Powell Park Improvements P44 710044 2011 20,000 76% Project complete;costs to be finalized Playspace Improvement Program P46 710046 2012 376,000 99% In progress(near complete);to be completed 4th quarter of 2014 Chippawa Boat Dock P47 710047 2012 170,000 67% Project Complete;costs to be finalized Kalar Park GHFS Imprvmts P48 710048 2012 80,100 45% In progress Don Johnson Parking Lot P49 710049 2012 150,000 2% In design-Pending Hydro One approval&agreement Laura Secord Trail P50 710050 2012/13 24,000 36% Project Complete;cos ts to be finalized Deerfield Park Development P51 710051 2012/13 445,000 96% Phase 1 works completed;nature trail thru woodlot to be completed Edgewood Estates Park P52 710052 2010/11 140,000 90% In progress Prince Charles Park P53 710053 2013 536,000 92% Project complete;costs to be finalized Woodlot Assessment&Inventory P54 710054 2013 5,000 1% in design/study phase Chippawa Boat Dock Playground P55 710055 2011 17,000 56% Project Complete;costs to be finalized MacBain Park Development 2013 25,000 0% In design Oakes Water Heaters 2013 6,000 0% Equipment ordered Parks Sports Fields&Park Buildings 2013 30,000 0% in design/study phase TRANSPORTATION SERVICES Transit-Bus Purchases T1 330001 2012 465,000 232% One bus has been purchased in 2013 plus extra WEGO bus&equip. Transit-CAV buses T6 330006 2011/13 100,000 82% Project completed;costs to be finalized Radio Upgrade T7 330007 2011 75,000 48% Project completed;costs to be finalized Transit-Next Stop Announcement T8 330008 2012/13 30,000 0% Equipment ordered Supervisor Vehicle T9 330009 2012 45,000 75% Project completed;costs to be finalized Customer Connection Terminal T10 330010 2011 150,000 0% ITS Equipment Not started T12 330011 2011 300,000 0% Equipment ordered Smart Card Programmer T12 330012 2011 10,000 0% Not started Farebox Purchase 2013 30,000 0% Equipment ordered Niagara Square Transfer Hub 2013 50,000 0% Not started VT5/WEGO VTS 334000 2012 54,289,500 60% Project in progress Lot#5 improvements PRKG1 340001 2012 12,000 0% in progress-invoice pending Handheld Ticketing Units PRKG9 340009 2012 80,000 0% Units have been ordered Traffic Signal Rebuilds/Upgrades TSP16 340016 2012/13 151,000 36% In progress-Working with Region-invoices pending Parking Lot Resurfacing(Lot 17) PRKG20 340020 2011 50,000 1% Completed except top coat-Invoice pending Livingston Connection EA T5P22 340022 2012 150,000 0% In Study phase Pay&Display Machines PRKG23 340023 2012/13 227,000 19% In progress Lot#13 Improvements 2012 13,000 0% In progress-invoice pending Lot 414 Improvements 2012 13,000 0% Project complete-invoice pending Speed Message Boards 2013 18,000 0% Project complete-invoice pending Traffic Calming-Windermere 2013 20,000 0% Project has been cancelled CITY FACILITIES Condtion Assessment of City Buildings BP4 380004 2011 75,000 43% Project is almost complete Service Centre Improvements BPS 380005 2011/13 465,000 53% In progress Community Resource Building Imprvmts BP6 380006 2011/13 25,000 10% In progress Sylvia Place market Redevelopment BP] 380007 2011 350,000 102% Property Property Demolitions pomplee;complete oto BP9 380009 2012 178,600 80% Project is complete;costs to be finalized Council Chambers Improvements BP10 380010 2012/13 30,000 101% Project is complete;costs to he finalized City Hall HVAC BP11 380011 2012/13 75,000 98% In progress City Hall Brick BP12 380012 2012 150,000 10% In progress Serbian Cultural Centre Demolition BP13 380013 2012 146,000 71% Project is complete;costs to be finalized Willoughby Town Hall Improvements BP14 380014 2013 21,000 56% In progress Chippawa Town Hall/Petersons BP15 380015 2013 10,000 59% In progress City Hall-Accessible Washrooms 2013 40,000 0% RFQ posted at September 30,2013 Amount of Percentage of Budget Capital Project Name Project# GL# Passed Approved Budget Spent Comments Budget at Sept 30/13 RECREATION&CULTURE Chippawa Arena Roof RF8 730008 2011/13 31,000 91% Project is complete;costs to be finalized Coronation Centre Improvements RF13 730013 2012/13 56,455 71% Project is complete;costs to be finalized Soccer Clubhouse-Mitchelson Park RF14 730014 2012 20,000 0% project complete Chippawa Rooftop Heating RF16 730016 2011 45,000 55% Project is complete;costs to be finalized Gale Centre-Glycol RF17 730017 2013 150,000 213% Project is near completion Gale Centre-Security Cameras RF18 730018 2013 35,000 0% Project is complete Gale Centre Improvements RF19 730019 2013 53,000 18% in progress Culture Master Plan RF20 730020 2013 75,000 10% Contract signed,work to begin MacBain Centre Renos R121 730021 2013 220,000 0 Contract signed-Construction to begin Lundy's Lane Museum Expansion Ml 750001 2011/13 11,601,305 94% Construction complete,finalizing expenses F-2013-66 jy-H.Zst-Niagaraj7alls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2013-66 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $3,903,298.48 for the period November 7, 2013 to November 20, 2013. 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. Recommended by: 4A Ate/ Todd Harr'son, Director of/ inance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 1 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 368607 14-Nov-2013 SERVICES 1,172.94 180 MARKETING 368785 20-Nov-2013 SUBSCRIPTION 56.50 2030688 ONTARIO LTD 368786 20-Nov-2013 LEASES AND RENTS 9,134.16 2081655 ONTARIO LTD o/a DYNACLEAN 368661 14-Nov-2013 SERVICES 1,327.75 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 368787 20-Nov-2013 SERVICES 196.62 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 368964 22-Nov-2013 CONTRACT SERVICES 4,196 21 4 IMPRINT 368609 14-Nov-2013 MATERIALS 1.206.58 788893 ONTARIO LIMITED 0/A NIAGARA CRACK SEALING 368610 14-Nov-2013 CONTRACT SERVICES 71,548.42 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 368788 20-Nov-2013 MAINTENANCE/REPAIRS 1.658.24 984265 ONTARIO LTD aka CIRCLE P PAVING 368611 14-Nov-2013 CONTRACT SERVICES 200,527.32 A J STONE COMPANY LTD 368794 20-Nov-2013 MATERIALS 751.45 ABBRUSCATO,LINA 368613 14-Nov-2013 REFUND 750 00 ACCU LOCK AND SECURITY 368614 14-Nov-2013 SERVICES 1,310.40 ACCUTRAC CAPITAL ITC INC 368789 20-Nov-2013 MATERIALS 1,245.03 ADEWUMIAYO 368790 20-Nov-2013 TRAVEL/MILEAGE 107.46 ADVANCE TOWING 368615 14-Nov-2013 SERVICES 242.95 ADVANCE TOWING 368791 20-Nov-2013 SERVICES 299.45 AFFILIATED CUSTOMS BROKERS LTD 368792 20-Nov-2013 SERVICES 140.68 AIR CARE SERVICES 368616 14-Nov-2013 MATERIALS 239 71 ALFIDOME CONSTRUCTION 368617 14-Nov-2013 CONTRACT SERVICES 12,782 01 ALFIDOME CONSTRUCTION 368795 20-Nov-2013 CONTRACT SERVICES 4,961.28 ALISON'S SPORTS&AWARDS 368796 20-Nov-2013 MATERIALS 36.16 ALL THROUGH THE HOUSE 368797 20-Nov-2013 MATERIALS 287.73 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 368779 14-Nov-2013 SERVICES 282 07 AMACO EQUIPMENT INC 368798 20-Nov-2013 EQUIPMENT 41.521.85 AMALGAMATED TRANSIT UNION#1582 368799 20-Nov-2013 PAYROLL REMITTANCE 2,501.24 ANGER,JEFFREY 368619 14-Nov-2013 REFUND 135 59 ANTHONY'S EXCAVATING CENTRAL INC 368620 14-Nov-2013 MATERIALS 8,051 25 ANTHONY'S EXCAVATING CENTRAL INC 368800 20-Nov-2013 CONTRACT SERVICES 43.369.28 ANTHONY'S EXCAVATING CENTRAL INC 368801 20-Nov-2013 CONTRACT SERVICES 62,060.51 ANTHONY'S EXCAVATING CENTRAL INC 368802 20-Nov-2013 CONTRACT SERVICES 3,390.00 AQUICON CONSTRUCTION CO LTD 368803 20-Nov-2013 CONTRACT SERVICES 1,410,846.84 ARCHER TRUCK CENTRE WELLAND LTD 368804 20-Nov-2013 VEH ID#536 622.34 ARIVA 368805 20-Nov-2013 MATERIALS 513.84 ARTISTA DESIGN&PRINT INC 368621 14-Nov-2013 MATERIALS B47 49 ARTISTA DESIGN&PRINT INC 368806 20-Nov-2013 MATERIALS 33.90 ASSOCIATED ENGINEERING(ONT)LTD 368807 20-Nov-2013 CONSULTING SERVICES 3,734.09 BAIN PRINTING LIMITED 368622 14-Nov-2013 MATERIALS 3,248.75 BAKER 368623 14-Nov-2013 MATERIALS 119242 BAKER 368808 20-Nov-2013 MATERIALS 758.26 BEATTIES BASICS 368624 14-Nov-2013 SERVICES 418.03 BELL CANADA 368811 20-Nov-2013 SERVICES 570.09 BELL CANADA-PUBLIC ACCESS 368810 20-Nov-2013 SERVICES 113.00 BELLI,SHEILA 368812 20-Nov-2013 REFUND 2,200.00 BERNAT,CLARK 368813 20-Nov-2013 TRAVEL/MILEAGE 725.44 BERTIE PRINTERS LIMITED 368814 20-Nov-2013 MATERIALS 1,601.21 SICKLE MAIN INDUSTRIAL SUPPLY INC 368625 14-Nov-2013 MATERIALS 135.60 BIGGARS KEY SHOP 368626 14-Nov-2013 MATERIALS 49.95 BOB ROBINSON&SON CONSTRUCTION 368627 14-Nov-2013 CONTRACT SERVICES 1,672.40 BOB ROBINSON&SON CONSTRUCTION 368816 20-Nov-2013 SERVICES 836.20 BOB'S IRRIGATION 368628 14-Nov-2013 MAINTENANCE/REPAIRS 480.25 BOOT SHOP THE 368629 14-Nov-2013 MATERIALS 361.60 BORDEN LADNER GERVAIS LLP 368782 14-Nov-2013 ADMINISTRATIVE 10,000.00 BOUTILIER,J 368630 14-Nov-2013 MATERIALS 150.00 BOYLE.PEGGY 368817 20-Nov-2013 TRAVEL/MILEAGE-HERITAGE MEET 1,239.50 BOYS&GIRLS CLUB OF NIAGARA 368818 20-Nov-2013 GRANT 16,066 66 BROCK FORD LINCOLN 368631 14-Nov-2013 MATERIALS 438.98 BROCK FORD LINCOLN 368819 20-Nov-2013 MATERIALS 161 48 BROCK UNIVERSITY FINANCIAL&ADMINISTRATIVE SERVICES 368632 14-Nov-2013 PROGRAM FEE 2.000.00 BROWNS SEPTIC SERVICE LTD 368821 20-Nov-2013 MAINTENANCE/REPAIRS 3,435.20 BUILDING INNOVATION 368634 14-Nov-2013 MATERIALS BURKE GROUP-THE 8.162.72 368822 20-Nov-2013 SERVICES 092 72 C-MAX FIRE SOLUTIONS 368834 20-Nov-2013 VEH ID#571 1,097.51 1 CANADIAN DOOR DOCTOR 368635 14-Nov-2013 MATERIALS 2,957.78 CANADIAN DOOR DOCTOR 368824 20-Nov-2013 MAINTENANCE/REPAIRS 3,909.24 CANADIAN LINEN&UNIFORM 368636 14-Nov-2013 MATERIALS 654.31 CANADIAN LINEN&UNIFORM 368825 20-Nov-2013 MATERIALS 1,278 98 CANADIAN PACIFIC RAILWAY CO 368826 20-Nov-2013 LEASES AND RENTS 1,224.67 CANALI,KAREN 368823 20-Nov-2013 TRAVEL/MILEAGE 53.03 CARQUEST 368637 14-Nov-2013 MATERIALS 55.97 CASTLE MECHANICAL 368827 20-Nov-2013 MAINTENANCE/REPAIRS 424.36 CAVALIERE,JULIO 368638 14-Nov-2013 TRAVEL/MILEAGE 76.60 CENTRAL COMMUNICATIONS 368828 20-Nov-2013 SERVICES 461.04 Page 2 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Cheque No. Cheque Date Purpose Amount CENTURY Name URY VALLEN 368640 14-Nov-2013 MATERIALS 10,041.35 CENTURY VALLEN 368830 20-Nov-2013 MATERIALS 167.24 CFMS-WEST CONSULTING INC 368641 14-Nov-2013 MATERIALS 2.260.00 368642 14-Nov-2013 MATERIALS 996.64 CHARLES JONES INDUSTRIAL LTD CIBC RETAIL MORTGAGES OPERATIONS 368832 20-Nov-2013 REFUND 97g 90 CIMCO REFRIGERATION CONS HAMILTON 368643 14-Nov-2013 SERVICES 2.625.25 CLIMATE CONTROL-HA 368833 20-Nov-2013 MAINTENANCE/REPAIRS 10158.76 CODE 4 FIRE&RESCUE INC 368835 20-Nov-2013 VEH ID#536 COFFEY GEOTECHNICS INC 368644 14-Nov-2013 MATERIALS 3,965.17 COFFEY GEOTECHNICS INC 368836 20-Nov-2013 CONSULTING SERVICES 12,169.26 CO 368645 14-Nov-2013 UTILITIES 847.50 COINAMATIC IC C C CABLE CANADA LP COMMERCIAL LAUNDRY INC 368646 14-Nov-2013 MATERIALS 107.44 ,JANET 368647 14-Nov-2013 REFUND 85.44 COM COMMISSIONAIRES 368837 20-Nov-2013 SERVICES 23,897.02 CORIX WATER PRODUCTS LP 368838 20-Nov-2013 MATERIALS 2,091.63 COTTON INC 368648 14-Nov-2013 MATERIALS 2.691.66 CRABBE,CATHY 368650 14-Nov-2013 TRAVEUMILEAGE 35.10 CRAVVWFORD HY FORD&COMPANY(CANADA)INC 368651 14-Nov-2013 SERVICES 132.00 CRAWFORD&COMPANY(CANADA)INC 368839 20-Nov-2013 CONSULTING SERVICES 3,608.00 PICTURES 368652 14-Nov-2013 MATERIALS 612.06 CREATIVE REKS OF NIAGARA INC 368841 20-Nov-2013 MATERIALS 847.50 CRITERION PICTURES CULLIGAN 368653 14-Nov-2013 SERVICES 207.92 3HRIS 368654 14-Nov-2013 REFUND 25.00 CU CUPPS E LOCAL OCAL 1 133 368842 20-Nov-2013 PAYROLL REMITTANCE 8,813.83 368843 20-Nov-2013 SERVICES 64813 DELPHI BANQUET FACILITIES DEMAR CONSTRUCTION 368844 20-Nov-2013 CONTRACT SERVICES 446,990.10 368845 20-Nov-2013 MATERIALS 1.764.55 DESOLS TIRE SALES&SERVICE DESIGN ELECTRONICS 368655 14-Nov-2013 MATERIALS 136.99 DEVRON PIPE SALES 368656 14-Nov-2013 MATERIALS 2,962.07 DIODATI,JIM 368846 20-Nov-2013 TRAVEUMILEAGE 1.155.00 DISTRICT SCHOOL BOARD OF NIAGARA 368657 14-Nov-2013 REFUND 750 00 DJOKIC,ZORAN 368658 14-Nov-2013 TRAVEUMILEAGE OCT 2013 187.38 DR.BEN PANG. 368735 14-Nov-2013 REFUND 5,116.95 DUFF 368660 14-Nov-2013 SERVICES 300.00 DUFFEERIN RIN CONCRETE E C 368659 14-Nov-2013 MATERIALS 1,013.33 DUFFERIN CONCRETE 368847 20-Nov-2013 MATERIALS DULUX PAINTS 368965 22-Nov-2013 MATERIALS 72.93 E-QUIP RENTALS&REPAIRS INC 368668 14-Nov-2013 MAINTENANCE/REPAIRS 22.60 368852 20-Nov-2013 MATERIALS 234.48 E ERS LE RENTALS EXCAVATING INS INC 12,430.00 EBERSOLE EXCAVATING INC 368849 20-Nov-2013 SERVICES 368663 14-Nov-2013 SERVICES 25451.56 EMC ENGINEERING INC 1491.60 EMCO CORPORATION 368664 14-Nov-2013 MATERIALS EMCO 368850 20-Nov-2013 MATERIALS 452.90 EMPIRE CORPORATION LIFE INSURANCE NSURANCE COMPANY THE 368665 14-Nov-2013 REMITTANCE 1,354.02 ENBRIDGE 368666 14-Nov-2013 UTILITIES 3419.86 ENBRIDGE 368667 14-Nov-2013 SERVICES 8,274.35 ENBRIDGE 368851 20-Nov-2013 UTILITIES 1,133.77 ESTATE OF ARTHUR KILLINGBECK 368669 14-Nov-2013 REFUND 539.85 10,000.00 EVANS SWEENY BORDIN DIN LLP LLP 368670 14-Nov-2013 ADMINISTRATIVE EVANS UTILITY SUPPLY LTD 368853 20-Nov-2013 MATERIALS 5,898.49 EVERLASTING IMPRESSIONS 368671 14-Nov-2013 SERVICES 836.20 EVERLASTING IMPRESSIONS 368854 20-Nov-2013 CONTRACT SERVICES 276.85 EVOLUTION TRUCK&TRAILER SERVICE 368855 20-Nov-2013 VEH ID#404 154.64 1,780.12 FASTENAL CANADA LTD 368672 14-Nov-2013 MATERIALS FASTENAL 368856 20-Nov-2013 MATERIALS 381.62 FEHRS HRS TROPHY L TANADA LTD RO 8 ENGRAVING 368673 14-Nov-2013 MATERIALS 118.65 108 48 FIRE MONITORING OF CANADA INC 368674 14-Nov-2013 SERVICES FIRE SAFETY CANADA 368675 14-Nov-2013 MATERIALS 41.65 FLAGRO INDUSTRIES 368676 14-Nov-2013 MATERIALS 43.09 FLEXO PRODUCTS LTD 368677 14-Nov-2013 MATERIALS 1,108.26 96.80 FLEXO PRODUCTS LTD 368857 20-Nov-2013 MATERIALS 650.00 FOHR,FRANK 368858 20-Nov-2013 FUEL FREDERICK,RICK 368859 20-Nov-2013 TRANSIT MAINT,SERV LICENSE 156.50 GALES GAS BARS 368860 20-Nov-2013 FUEL 5.40 GB ENVIRONMENTAL SERVICES NIAGARA LTD 368678 14-Nov-2013 MAINTENANCE/REPAIRS 2.915.40 GB ENVIRONMENTAL SERVICES NIAGARA LTD 368861 20-Nov-2013 MATERIALS GEORGIAN COLLEGE 368862 20-Nov-2013 TRAINING 304.08 813.75 GIURA BROTHERS 368679 14-Nov-2013 MATERIALS 3,139.89 GLOBALSTAR CANADA SATELLITE CO 368680 14-Nov-2013 SERVICES 1,139.89 GRAYBAR ELECTRIC LTD 368681 14-Nov-2013 MATERIALS GRAYBAR 368863 20-Nov-2013 MATERIALS 1,406.02 GREENFIELD ELECTRIC LTD ELD GROUP LTD 368864 20-Nov-2013 SERVICES 937.90 GROUND AERIAL MAINTENANCE LTD 368780 14-Nov-2013 CONTRACT SERVICES 1,876.20 67 GROUND AERIAL MAINTENANCE LTD 368781 14-Nov-2013 CONTRACT SERVICES 18,191 Page 3 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount GT FRENCH PAPER LIMITED 368683 14-Nov-2013 MATERIALS 429 17 GT FRENCH PAPER LIMITED 368865 20-Nov-2013 MATERIALS Z295 78 GUILLEVIN INTERNATIONAL CO 368684 14-Nov-2013 SERVICES 26,973 10 HALCO MOBILE MFG SALES&SERVICE INC 368685 14-Nov-2013 LEASES AND RENTS 621.50 HALCO MOBILE MFG SALES&SERVICE INC 368866 20-Nov-2013 LEASES AND RENTS 621.50 HANG UPS 368686 14-Nov-2013 MATERIALS 25.98 HARRIS TIME INC 368867 20-Nov-2013 MAINTENANCE/REPAIRS 299.45 HATCH MOTT MACDONALD LTD 368687 14-Nov-2013 SERVICES 1,902 92 HD SUPPLY POWER SOLUTIONS 368868 20-Nov-2013 MATERIALS 1.279.36 HEYKOOP,RUTH 368688 14-Nov-2013 SERVICES 90.00 HILL BOLES LTD 368689 14-Nov-2013 STORES/INVENTORY 133.87 HILL BOLES LTD 368869 20-Nov-2013 MATERIALS 1791 HOLMAN,GEOFF 368690 14-Nov-2013 TRAVEL/MILEAGE 89.10 HOWE,CHRIS 368870 20-Nov-2013 MATERIALS 150.00 INNOVATIVE SURFACE SOLUTIONS CANADA 368691 14-Nov-2013 MATERIALS 5,316.94 IOANNONI,CARMINE 368692 14-Nov-2013 REFUND 11927 J&B PROCESS SERVING INC 368693 14-Nov-2013 MATERIALS 79:10 JACK DOW AUTO SUPPLIES LIMITED 368694 14-Nov-2013 VEH ID#135 240.27 JAGUAR BOOK GROUP 368695 14-Nov-2013 MATERIALS 78 59 JAX COMMERCIAL FITNESS EQUIPMENT REPAIR 368696 14-Nov-2013 SERVICES 423.75 JOHNNY RAG 368697 14-Nov-2013 MATERIALS 196.02 JR B CANUCKS 368698 14-Nov-2013 SUPPLIES 2.454.00 JR B CANUCKS 368871 20-Nov-2013 TICKET REVENUE-CLEARING 2.310.00 KAUPP ELECTRIC LTD 368872 20-Nov-2013 MATERIALS 592.93 KAZAM,ALEX 368606 07-Nov-2013 SERVICES-SANTA CLAUS PARADE 550 00 KENWORTH TORONTO LTD 368699 14-Nov-2013 MATERIALS 17426 KLENZOID 368873 20-Nov-2013 MATERIALS 2,34610 KROWN RUST CONTROL 368700 14-Nov-2013 VEH ID#650 141 19 KROWN RUST CONTROL 368874 20-Nov-2013 MATERIALS UNIT#550 146.84 L ST AMAND ENTERPRISES 368879 20-Nov-2013 MATERIALS 518 47 LABRECHE,BETTY 368701 14-Nov-2013 SENIOR TAX REBATE 40.00 (AROSE,BRITTANY 368783 14-Nov-2013 REMITTANCE 100.00 LAWSON PRODUCTS INC 368875 20-Nov-2013 MATERIALS 149 P8 LEEDS TRANSIT 368702 14-Nov-2013 MATERIALS 359.35 LINCOLN APPLIANCE SERVICE CENTRE INC 368704 14-Nov-2013 MAINTENANCE/REPAIRS 387.59 LIPPERT&WRIGHT FUELS INC 368877 20-Nov-2013 MATERIALS 3.658.42 LIQUID INDUSTRIES CANADA 368878 20-Nov-2013 MATERIALS 778.57 M&L SUPPLY FIRE AND SAFETY 368884 20-Nov-2013 MATERIALS 531.45 MACWHIRTER,ANTONIETTA 368880 20-Nov-2013 TRAVEL/MILEAGE 3888 MAJEWSKI,JODY 368705 14-Nov-2013 MATERIALS-DRIVEWAY REPLACEMI 4,294 00 MANOR CLEANERS 368706 14-Nov-2013 MATERIALS 96.53 MART-LYNNE EASTLAND 368662 14-Nov-2013 MATERIALS 678.00 MARKS WORK WAREHOUSE 368707 14-Nov-2013 MATERIALS 1,790.95 MATSON,BILL 368709 14-Nov-2013 TRAVEL/MILEAGE 12258 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 368710 14-Nov-2013 MATERIALS 5,640.90 MATTINA MECHANICAL LIMITED 368708 14-Nov-2013 MAINTENANCE/REPAIRS 926.60 MAXWELL PAPER CANADA INC 368711 14-Nov-2013 MATERIALS 171 76 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 368713 14-Nov-2013 VEH ID#112 113.00 MENARD.JEFF 368714 14-Nov-2013 REFUND 150 00 METRO FREIGHTLINER HAMILTON 368715 14-Nov-2013 MATERIALS 10,471 26 METRO FREIGHTLINER HAMILTON 368881 20-Nov-2013 MATERIALS 4.633.00 MEYER,CHRISTEL 368716 14-Nov-2013 TRAVEL/MILEAGE 135.03 MICHAEL'S CARPET AND FLOORING(NIAGARA)LTD 368882 20-Nov-2013 MATERIALS 1781947 MILLER RESTORATION LIMITED 368717 14-Nov-2013 MATERIALS 259.90 MINISTRY OF ATTORNEY GENERAL 368883 20-Nov-2013 PAYROLL REMITTANCE 1,754.94 MOASE,SUZANNE 368885 20-Nov-2013 TRAVEL/MILEAGE 56.16 MOHAWK MFG&SUPPLY CO 368886 20-Nov-2013 MATERIALS 78.20 MOROCCO,JOHN 368718 14-Nov-2013 TRAVEL/MILEAGE 143.64 MULLER'S WORKWEAR 368719 14-Nov-2013 MATERIALS 81.36 MUNICIPAL RETIREES ORGANIZATION ONTARIO 368720 14-Nov-2013 MEMBERSHIP 225.00 MURPHY,DAN 368721 14-Nov-2013 REFUND 100.00 NEOPART CANADA INC 368722 14-Nov-2013 MATERIALS 410 88 NEW FLYER INDUSTRIES CANADA ULC 368723 14-Nov-2013 MATERIALS 4,492.48 NEW FLYER INDUSTRIES CANADA ULC 368887 20-Nov-2013 MATERIALS 598.23 NIAGARA BLOCK INC 368724 14-Nov-2013 MATERIALS 138.88 NIAGARA BLOCK INC 368888 20-Nov-2013 MATERIALS 32.49 NIAGARA CUSTOM POWDER COATING INC 368725 14-Nov-2013 MATERIALS 36725 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 368889 20-Nov-2013 PAYROLL REMITTANCE 7,946.02 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 368890 20-Nov-2013 PAYROLL REMITTANCE 7,162.05 NIAGARA FALLSVIEW CASINO 368966 22-Nov-2013 REFUND 52,886 76 NIAGARA HISTORICAL SOCIETY&MUSEUM 368891 20-Nov-2013 MATERIALS 11100 NIAGARA PARKS COMMISSION 368728 14-Nov-2013 CONTRACT SERVICES 17.888.00 NIAGARA PENINSULA ENERGY INC 368729 14-Nov-2013 UTILITIES 12,567.29 NIAGARA PENINSULA ENERGY INC 368730 14-Nov-2013 UTILITIES 4,117 77 Page 4 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount NIAGARA PENINSULA ENERGY INC 368892 20-Nov-2013 CONTRACT SERVICES 6,743.47 NIAGARA PENINSULA ENERGY INC 368893 20-Nov-2013 UTILITIES 5,010.71 NIAGARA REGIONAL MUNICIPALITY 368894 20-Nov-2013 MATERIALS 1,783.29 NIAGARA REGIONAL POLICE SERVICE 368731 14-Nov-2013 CONTRACT SERVICES 50.00 NIAGARA REGIONAL POLICE SERVICE 368895 20-Nov-2013 MATERIALS 50.00 NIAGARA RUBBER SUPPLY INC 368896 20-Nov-2013 MATERIALS 971.80 NIAGARA VIDEO PRODUCTIONS 368726 14-Nov-2013 MATERIALS 474.60 NIAGARA'S OWN LANDSCAPING INC 368727 14-Nov-2013 CONTRACT SERVICES 847 50 NORTRAX 368897 20-Nov-2013 LEASES AND RENTS 4,350.50 NOVAJET 368898 20-Nov-2013 MATERIALS 847.47 OAKWOOD MANUFACTURING 368732 14-Nov-2013 CONTRACT SERVICES 15,780.45 ONOFRIO,CARL DAVID 368733 14-Nov-2013 SERVICES 100.00 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 368734 14-Nov-2013 SERVICES 1,998.69 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 368899 20-Nov-2013 MATERIALS 1.022.86 PARKHILL,DONNA GAYLE 368900 20-Nov-2013 REFUND 750.00 PARTY CONNECTION 368736 14-Nov-2013 MATERIALS 415.56 PARTY CONNECTION 368901 20-Nov-2013 MATERIALS 507.82 PENNER BUILDING CENTRE 368738 14-Nov-2013 MATERIALS 51.92 PENNER BUILDING CENTRE 368902 20-Nov-2013 MATERIALS 12624 PEPPERALL,COLIN&SHURA, LINDSAY 368903 20-Nov-2013 REFUND 750 00 PERFORMANCE CHRYSLER DODGE JEEP 368904 20-Nov-2013 MATERIALS 35,615.34 PERINCIC,OLEG 368967 22-Nov-2013 REFUND 7,500 00 PIETRANGELO,NICK 368906 20-Nov-2013 REFUND 150.00 PINERIDGE TREE SERVICE LTD 368907 20-Nov-2013 CONTRACT SERVICES 4,746.00 PLASTRUCT CANADA 368739 14-Nov-2013 MATERIALS 215 83 PORTAGE BAKERY INC. 368740 14-Nov-2013 MATERIALS 450.00 POS SUPPLIES 368908 20-Nov-2013 MATERIALS 252.78 PRAXAIR 368909 20-Nov-2013 MATERIALS 400.47 PREVOST COACH TRANSIT 368910 20-Nov-2013 MATERIALS 4.844.04 PRIVAT,MIKE 368968 22-Nov-2013 REFUND 750.00 PRO TOOLS NIAGARA 368742 14-Nov-2013 MATERIALS 195.44 PROMOCENTRE 368829 20-Nov-2013 MATERIALS 485.90 PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 368911 20-Nov-2013 CONTRACT SERVICES 601.75 PROVINCIAL CONTRACTORS INC 368912 20-Nov-2013 MAINTENANCE/REPAIRS 1.582.00 PURE WATER 368743 14-Nov-2013 MATERIALS 5.00 PURE WATER 368913 20-Nov-2013 MATERIALS 723.57 PUROLATOR COURIER 368744 14-Nov-2013 CONTRACT SERVICES 409.82 PUROLATOR COURIER 368914 20-Nov-2013 COURIER 57.97 R J SMITH EQUIPMENT INC 368748 14-Nov-2013 MATERIALS 1,564.94 R J SMITH EQUIPMENT INC 368919 20-Nov-2013 MATERIALS 1,898.40 R W HAMILTON LTD 368921 20-Nov-2013 MATERIALS 720.87 RBC 368915 20-Nov-2013 REFUND 732 50 RBC LIFE INSURANCE COMPANY 368745 14-Nov-2013 REMITTANCE 1.351.21 REALTAX INC 368746 14-Nov-2013 MATERIALS 2,536.85 RECEIVER GENERAL 368916 20-Nov-2013 PAYROLL REMITTANCE 367,888.00 REGIONAL MUNICIPALITY OF NIAGARA 368784 20-Nov-2013 SERVICES 225.00 REGIONAL WATERPROOFING&EXCAVATING 368917 20-Nov-2013 CONTRACT SERVICES 3,900.00 RICHARDSON.MARK 368918 20-Nov-2013 TRAVEL/MILEAGE 171.72 RIVERHAWKS JR HOCKEYCLUB EDUCATION FUND 368747 14-Nov-2013 ADVERTISING 150.00 ROGERS WIRELESS INC 368749 14-Nov-2013 CONTRACT SERVICES 1,518 91 RONALD C. ELLENS APPRAISALS INC 368920 20-Nov-2013 CONSULTING SERVICES 1,502.00 ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND 368751 14-Nov-2013 MATERIALS 75.00 ROYAL CANADIAN LEGION NO 396 368750 14-Nov-2013 MATERIALS 110.00 SAFETY KLEEN CANADA INC 368752 14-Nov-2013 MATERIALS 461.19 SAM WEST, 368954 20-Nov-2013 MATERIALS 150.00 SANI GEAR FIRE 368922 20-Nov-2013 MATERIALS 814.45 SEAWAY FLUID POWER GROUP 368753 14-Nov-2013 MATERIALS 59.33 SENTINEAL CARRIAGES INC 368754 14-Nov-2013 SERVICES 395.50 SHEEHAN'S TRUCK CENTRE INC 368755 14-Nov-2013 MATERIALS 157.81 SHRED IT INTERNATIONAL INC 368924 20-Nov-2013 CONTRACT SERVICES 101.09 SIGNATURE SIGNS 368756 14-Nov-2013 MATERIALS 346.37 SMITH,BRIAN 368925 20-Nov-2013 MATERIALS 150.00 SNAP NIAGARA FALLS 368757 14-Nov-2013 MATERIALS 197.75 SNAP NIAGARA FALLS 368926 20-Nov-2013 ADVERTISING 288.15 SPEEDPRO IMAGING 368927 20-Nov-2013 MATERIALS 74421 ST ONGE,BILL 368931 20-Nov-2013 REFUND 25.00 STAMFORD HOME HARDWARE 368758 14-Nov-2013 MATERIALS 15.80 STAMFORD HOME HARDWARE 368928 20-Nov-2013 MATERIALS 10.14 STEVENSVILLE LAWN SERVICE INC 368929 20-Nov-2013 CONTRACT SERVICES 12,979.18 STEVENSVILLE LAWN SERVICE INC 368930 20-Nov-2013 CONTRACT SERVICES 22,672.62 STRANGES,LOU 368759 14-Nov-2013 TRAVEL/MILEAGE 270.44 SUN LIFE WIRE 13-Nov-2013 NOV PREMIUMS 357,720.97 SUN LIFE ASSURANCE COMPANY OF CANADA-BILLING DEPT. 368934 20-Nov-2013 REMITTANCE 1,377.29 SUN MEDIA CORPORATION 368762 14-Nov-2013 ADVERTISING 5,286 47 Page 5 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque Na Cheque Date Purpose Amount SUNCOR ENERGY PRODUCTS PARTNERSHIP 368760 14-Nov-2013 FUEL 48,377 46 SUNCOR ENERGY PRODUCTS PARTNERSHIP 368932 20-Nov-2013 FUEL 39435 14 SUNCOR ENERGY PRODUCTS PARTNERSHIP 368933 20-Nov-2013 MATERIALS 1,297 44 SUPERIOR LAUNDRY SERVICE LTD. 368935 20-Nov-2013 MATERIALS 1243 TO MANAGEMENT CONSULTANTS 368763 14-Nov-2013 CONSULTING SERVICES 8,583.48 TELUS COMMUNICATIONS COMPANY 368764 14-Nov-2013 MATERIALS 1,689.35 TELUS COMMUNICATIONS COMPANY 368936 20-Nov-2013 MATERIALS 1,013.61 THE ORIGINAL FLAG STORE 368765 14-Nov-2D13 MATERIALS 1.396.12 THYSSENKRUPP ELEVATOR 368766 14-Nov-2013 CONTRACT SERVICES 657.66 TICKET TRACER CORPORATION 368767 14-Nov-2013 CONTRACT SERVICES 11,582.50 TIM HORTONS STORE#30 368768 14-Nov-2013 MATERIALS 90 08 TODD.KELLY 368769 14-Nov-2013 REFUND 150.00 TOROMONT 368937 20-Nov-2013 MATERIALS 619.05 TORONTO STAMP INC 368938 20-Nov-2013 MATERIALS 16.20 TRANSAXLE PARTS(HAMILTON)INC. 368939 20-Nov-2013 STORES/INVENTORY 160.68 UNIPART NORTH AMERICA LTD 368940 20-Nov-2013 EQUIPMENT 17.399.74 UNITED WAY 368941 20-Nov-2013 PAYROLL REMITTANCE 1,243.00 UPPER CANADA CONSULTANTS 368943 20-Nov-2013 CONSULTING SERVICES 795,97 URBAN&ENVIRONMENTAL MANAGEMENT INC 368944 20-Nov-2013 CONSULTING SERVICES 1.096.10 UTC FIRE&SECURITY CANADA 368770 14-Nov-2013 CONTRACT SERVICES 1,284.25 V GIBBONS CONTRACTING LTD 368772 14-Nov-2013 CONTRACT SERVICES 1,093.27 VAILTIM 368945 20-Nov-2013 TRAINING 45.00 VALUE MUFFLER&BRAKE CENTRE 368946 20-Nov-2013 MATERIALS 982.13 VISTA RADIO LTD 368947 20-Nov-2013 SERVICES 498.33 VOCERA COMMUNICATIONS INC 368948 20-Nov-2013 CONTRACT SERVICES 2.85946 WALK ON DUST CONTROL 368774 14-Nov-2013 MATERIALS 235.99 WALK ON DUST CONTROL 368951 20-Nov-2013 CONTRACT SERVICES 30.17 WALKER AGGREGATES INC 368773 14-Nov-2013 MATERIALS 9,744.38 WALKER AGGREGATES INC 368950 20-Nov-2013 MATERIALS 1,134 13 WALKER BROTHERS ASPHALT 368949 20-Nov-2013 MATERIALS 3.079.92 WEINS UNDERGROUND ELECTRIC LTD. 368953 20-Nov-2013 MAINTENANCE/REPAIRS 439.05 WELDDARE METAL WORKS LTD 368775 14-Nov-2013 MAINTENANCE/REPAIRS 73.45 WHITE,PATRICK 368955 20-Nov-2013 TRAINING 45.00 WILLICK,RONALD 368956 20-Nov-2013 SERVICES 200.00 WINTER FESTIVAL OF LIGHTS 368957 20-Nov-2013 GRANT 14.214 30 WOLSELEY WATERWORKS GROUP 368958 20-Nov-2013 MATERIALS 316.97 WORK AUTHORITY 368959 20-Nov-2013 MATERIALS 150.00 WSIB 368960 20-Nov-2013 REMITTANCE 518912 YARNELL OVERHEAD DOORS LTD 368776 14-Nov-2013 MATERIALS 1,029.53 YELLOW PAGES GROUP 368777 14-Nov-2013 CONTRACT SERVICES 173 91 YMCA 368778 14-Nov-2013 UTILITIES 657.88 YOUNG SOD FARMS LTD 368963 20-Nov-2013 MATERIALS 581 77 Total 3,903,298.48 F-2013-69 Niagaraflalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2013-69 Approval of Interim 2014 Spending Limits RECOMMENDATION That, in the absence of an adopted 2014 General Purposes Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. EXECUTIVE SUMMARY Spending authority is delegated to the staff by Council through the approval of the annual budgets. Interim spending authority provides staff with similar authority within approved limits during the year up to the date of passage of said budgets. BACKGROUND Staff's authority to make payments to staff and suppliers is derived from an approved Annual Operations budget. Preparation of the 2014 General Purposes Budget, 2014 Capital Budget, 2014 Utility and Parking Budgets are underway. As a result, staff requests that Council approve interim spending limits for 2014 until these are approved. The Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize staff to operate and remit payments for expenditures incurred prior to the approval of a 2014 budget. This authority is required for the City to maintain its operations until the final budgets are approved. Consideration of the 2014 budget has started but will not be approved until the new year, all departments should be able to operate with an interim spending approval of approximately 50% of the 2014 budget. If Council approval of the budget is not achieved by the end of May, 2014, a further report with an amended interim spending authority will be submitted. Recommended by: 1046/ 11'Todd Harrisrecto of Finance Respectfully submitted: "LA p y Ken Todd, Chief Administrative Officer MW-2013-61 NiagaraaJlalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-61 Assumption of Various Subdivisions RECOMMENDATION That the City formally assume the Subdivisions listed in this report. EXECUTIVE SUMMARY The assumption of these developments will allow the City to formally recognize the developers have met their obligations in the Subdivision Agreement and place it on the regular maintenance schedule. BACKGROUND The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions: REGISTRATION PLAN SUBDIVISION 59M-370 Fernwood Subdivision - Phase 1 59M-339 Golia Estates 59M-354 Deerfield Estates Subdivision - Phase 1 Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. ANALYSIS/RATIONALE The Subdivider's Agreement sets out the developer's responsibilities from services design to construction completion which results in the City's assumption once the maintenance period expires and all deficiencies addressed to the City's satisfaction. December 10, 2013 -2 - MW-2013-61 ASSET Breakdown Subdivision Roads Sidewalks Storm Sanitary Watermain (m) (m) Sewer(m) Sewer(m) (m) Fernwood 713.6 877 1252 1035.2 958.99 Golia 361.6 160.7 313.1 185.4 242.98 Deerfield 3710 4177 3629.8 3405.2 3755.23 Total m 4785.2 5214.7 5194.9 4625.8 4957.2 assumed FINANCIAL IMPLICATIONS The Subdivider Agreement sets out the Final Assumption criteria as follows: "Final assumption of Subdivision:Final assumption of the Subdivision shall define the date when all of the obligations and securities of the Subdivider for the subdivision are released and all maintenance responsibilities passed on to the City." "Certificate of Assumption: A Certificate of Assumption will be issued by the City after carrying out final maintenance inspection and approval of each Class of Works, including final assumption of the subdivision." The developers have met their responsibilities as set out in their Subdivision Agreements and therefore it is appropriate for the City to formally assume these subdivisions and issue the Certificates of Assumption. The securities for these developments have been returned to the Subdividers as all the works have been completed to the City's satisfaction. CITY'S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1 . Plan of Subdivision to be Assumed - Fernwood Estates Subdivision - Phase 1 2. Plan of Subdivision to be Assumed - Golia Estates 3. Plan of Subdivision to be Assumed - Deerfield Estates Subdivision - Phase 1 4. Index Map December 10, 2013 -3 - MW-2013-61 4 i Recommended by: .. d ∎ -- Geoff Holman, Director of Municipal Works Respectfully submitted: i L f —Hai Ken Todd, Chief Administrative Officer Rick Volpini ,rr Plan of Subdivision To Be Assumed gar�l/ rill \ia s Map 1 N — 8FA1ZER6Ahi5 RD _. ...0 • n Oa z m 23 a a l -s, ,„ _._. > LUNDY'S LANE Legend Subject Subdivision Railway ut MapID Subdivision Plan No. , Hydro Line 1 Fernwood Estates Subdivision Phase One 59M370 Road Allowance November 2013 K:\GIS_Requests1 2013\Custom\MUnicipalWorks\Assumed_SUbGiv\map,map i Plan of Subdivision To Be Assumed MagnnijR/ls Map 2 N i s t Subject Subdivision Railway Hydro Line Road Allowance I R a I ,,&$1,•.:74141 v c a" , r; rn 4 THOMPSON RD le I 7 .,, MapID Subdivision Plan No. 2 Golia Estates Subdivision 59M339 ..................................••' November 2013 K:\GIS_Requests\2013\Custom\MOmci Pa0A/OrkS\Assumed_SubDiv\ma0.map fk Plan of Subdivision To Be Assumed 1i.riara)u1i, Map 3 I ;_.._. _. m E m • m i ��' � tl r '(Yd -,0, l l ..,VZ�I'I/BI v -0, r S '1),q 3r. 1 ] ^ Y 7e, CRE$... ro; ,,,, -sue ' '; ' SrF SEBAN_ r : ' Y _._ ii a1:, ' Ict2.,27tei f1/41,11/21b*. °Pt i;;ACitiki a r p � �r f , .v.S.� i4� t' t � GIAVCC DR prk. a z , t: 00,0.' IM a 'd-1,t'a S MILOMIR ,� „ ,, ...0 4.-- DA DR Legend a. Subject Subdivision MapID Subdivision Plan No. Railway 3 Deerfield Estates Subdivision Plan N Hydro Line TRY R Road Allowance "- I November 2013 K:\GIS_Requests\2013\Custom\MONdpa0Norks\Assumed_SObnly\map.map t Y K "� �' 3'3.£ °' { ' v �y Y r n 1 if I 1I M,v�ki xrg y? .�15.}I �I 'p\ V< °a F �.� ' T+�ye,.� 3 1 �yyrrpp 13 ,..,.µpUNT#YN RD `'^,�.:a : as^. j4s 3° " .i r � yas t- (r L , : 4 i 4. ',I 4 -L ' IjI �T . r i 3-_,.,-,' '/ ,‘''':Is'. l I A ^ • ' , ' 1! II --i-- — - - • LTMOROt9`ST �RB - - 1i r r I , ry r i •1AY r r 1 j Ai > }. t ; Ana `§��.��^ 1 Map 1 A M C ' �� i rte° • A 1 , r 'f)'-';'.c--. � :te •' Q i ,I a N y y tUNDY'S SANE r 4 / - 'r t. m _ A a as(,nib a�pe/rl U,tar o:0.l A6JS S3s E9{ II Sy City of Niagara Falls [ Map 3 :-' Ontario, Canada =- ` ''I I- Plan of Subdivision To Be Assumed " Minlii i , it I . , i Index Map to Accompany: International Border- U.S.A. Maps 1-3 .0-3 Hydro 1� CP &CN Rail �.,_ <-_—=rl I N I', Map Area I rs ! ta Subdivision to be Assumed I " - - ' 0 1000m -_. River& Power Canal - `� _ USA 1, I( I %i' v K\GIS Requests\2013\C ustom\MUnicipalWOrks\Assumed_SubDiv\map.map November 2013 MW-2013-62 Niagara&lls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-62 Maple Street Sewer Separation, Watermain Replacement and Road Reconstruction Project File #305-13 RECOMMENDATION 1. That$26,500 in additional funds required to retain Coffey Geotechnics Inc. (Coffey) to complete a Hydrogeological Assessment in support of a Permit to Take Water (PTTW) from the Ministry of the Environment (MOE) be approved; and 2. That the 2013 Capital Budget be amended to reflect the additional costs associated with the completion of this project. EXECUTIVE SUMMARY This project is part of the City's Infrastructure Renewal Program and is part of the approved 2013 Capital Projects Budget. The project will include the decommissioning of the combined sewer from Third Avenue to Sixth Avenue, design of a new trunk storm sewer and sanitary sewer, as well as watermain replacement and full road reconstruction. Kerry T. Howe Engineering Limited was assigned the design of the infrastructure, while the Geotechnical Investigation was assigned to Coffey Geotechnics Inc. (Coffey). The combined budget for the design and geotechnical works is $80,000. The budget did not include costs for a Hydrogeological Assessment. As part of the recommendations included in the Geotechnical Investigation, Coffey recommended that a Hydrogeological Assessment be completed due to the expected depth of the trunk storm sewer below the recorded groundwater table. The Ministry of the Environment (MOE) requires a Permit to Take Water (PTTW) for groundwater takings in excess of 50,000 L/day. Subsequently, Coffey provided a proposal to complete the Hydrogeological Assessment, provide recommendations for groundwater disposal, and complete the PTTW application. It is recommended that $26,500 in additional funds be awarded to retain Coffey to complete the Hydrogeological Assessment in support of a PTTW. BACKGROUND In 2008, Maple Street was reconstructed from Victoria Avenue to Third Avenue. The reconstruction included the separation of the combined sewer, installation of a new trunk December 10, 2013 -2 - MW-2013-62 storm sewer, installation of a new sanitary sewer, replacement of the existing cast iron watermain with a new polyvinyl chloride pipe, and full road reconstruction. As part of the 2008 works, a 900mm concrete storm sewer stub was provided at Third Avenue. The current Maple Street project will extend the trunk storm sewer from Third Avenue to Sixth Avenue. The invert of the concrete storm sewer stub is 172.28m, or approximately 7.3m below ground. Excavation for the storm sewer is expected to exceed 8m. Coffey completed a Geotechnical Investigation on Maple Street from Third Avenue to Sixth Avenue.As part of the Geotechnical Investigation groundwater levels were recorded in the three boreholes. Groundwater depths ranged from between 4.9m below ground surface near Sixth Avenue to 5.8m below ground surface near Third Avenue. The report recommended that the water table be pumped 1.0m below the depth of excavation as required for the installation of the trunk storm sewer. The anticipated dropdown may result in the need for a PTTW. The MOE requires a PTTW when excesses of 50,000 L/day of groundwater are pumped from a single location. A PTTW cannot be obtained without the completion of a supporting Hydrogeological Assessment. The proposed Hydrogeological Assessment will include a desktop review of available hydrogeological records, the installation of two (2) groundwater monitoring wells and sampling, construction dewatering requirements, and recommendations for mitigation and on-going monitoring. The proposal did not include a cost for removal of the monitoring wells or for the groundwater monitoring during and after construction. It is anticipated that the wells could be placed so that they may be utilized for on-going monitoring. Cost estimates for during and after construction monitoring will be included with the construction budget. The proposed fees for the Hydrogeological Assessment and preparation of the PTTW application and supporting documentation is $21,500. The proposed Hydrogeological Assessment did not include a cost for a detailed analysis on the potential for impacts to existing structures from consolidation settlements related to construction dewatering. Coffey does not anticipate that a more detailed analysis will be necessary; however, if the potential for relatively large settlements is indicated from analysis of the encountered soil conditions and/or the presence of nearby settlement sensitive structures, then a more detailed analysis may be required for a fee of $2,000. The proposed Hydrogeological Assessment included the completion of the PTTW application form and the required supporting documentation but did not include the MOE application processing fee.The Geotechnical Investigation Report anticipated the need for a Category 3 watertaking. The application fee for a Category 3 PTTW is $3,000. ANALYSIS/RATIONALE The Hydrogeological Assessment will be issued with the tender to provide bidding Contractor's with a means of bidding construction dewatering requirements,trench support and disposal fees. Failure to identify dewatering requirements in advance of tender and construction may have potential health and safety, schedule and financial repercussions. Failure to obtain a PTTW, where one is later deemed necessary, could result in costly fines, work stoppages and/or claims. December 10, 2013 -3 - MW-2013-62 FINANCIAL/STAFFING/LEGAL IMPLICATIONS This project was approved in the 2013 Capital Budget for an expenditure of $80,000. As outlined earlier in the report, the project requires additional work be completed. This requires an additional expenditure of$26,500. The funding source for the expanded work plan will be derived from the Sewer Capital Reserve. The Capital Budget Sheet has been amended to show both the increase in expenditure and funding. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Map - Maple Street from Third Avenue to Sixth Avenue 2. Capital Budget Worksheet Recommended by: (Sc_ Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Livia McEachern N ■ri m O jy T l__- c-j - 5" N 4d 2 rJ , __' Z. - -'- y r N C w C —� 7 -- Y a �r _ r In _ N 1.4_ , 6. a N - YIC'ORIA AV O .i ..•r Y1C"TORIA AY rn C 0 w, _N _ 7 . .. _ -w _ C -Q .IM - J -l._o•_. co FIRST AV - -a FIRSTAY.. _, flRST AV '�3)>y E yr _ .- 17 - 4 • L ` SEC4tiA.AY ~ SkCONP PY SEcOriD Av z SECONDAY 5C - Av E sECGNVAV O .,.,,' `*`mod` -- ._ 'a) firilkD ' TNtkiS PV N ... jt{1RRAv fl1 PAY. ar11WAY. _ _ y • OUR1N AV F0.VFiNAY FOURIr AY__O. .,POUR THAY _, - --- . al _ pOURIri AY - FIF'N AV a '.ttAY F!A•'rri AY FTF' H AY !0 . 2 FIFTH AY A n Ti six-TH Av H AV s i_ N° r __ HOMEW00D- _,. .-. - ..- ._ _ . - -. - STANLEY AV 4 STANLEY AV v • Capital Budget Worksheet 2013 REVISED Department Municipal Works Priority(1-3) Project Name Maple Street-Third Ave to Sixth Ave Included in 10 year I' Project I.D.# New Capital Plan(yin) Project Description Reconstruction of Maple Street from Third Avenue to Sixth Avenue, including Sewer Separation. Design in 2013, Gonstruction planned for 2014. YEAR YEAR YEAR YEAR YEAR 2013 2014 2015 2016 2017 Opening Balance-Jan 01 (surplus)/deficit EXPENDITURES Engineering Fees/Design/Studies 106,500 Land/Building/Furniture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES 106,500 FUNDING SOURCES Special Purpose Reserves Capital Reserve 26,500 Reserve Fund Transfer from Operating 80,000 Development Charges Debentures Gas Tax Provincial/Federal Grants External Contnbutions Interest Earned Other TOTAL FUNDING SOURCES 106,500 - _ - Closing Balance-Dec 31 (surplus)/deficit _ PBD-2013-68 Niagarafalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-68 26T-11-2009-01, Extension to Draft Plan Approval Draft Plan of Subdivision Fernwood Phase 3 Subdivision Owner: 800460 Ontario Inc. RECOMMENDATION That Council grant an extension to draft plan approval for the Fernwood Phase 3 Plan of Subdivision until February 8, 2016. EXECUTIVE SUMMARY The Fernwood Phase 3 Plan of Subdivision was draft approved on January 17, 2011. Draft approval expires on February 8, 2014. The owners have requested a three (3) year extension to draft plan approval to allow additional time to fulfill the conditions of draft approval. These conditions include the lifting of a Provincial Order in Council for a future highway corridor that is no longer being considered. Extensions to draft plan approval are typically only given for a year at a time. An extension of two (2) years can be supported due to the circumstances related to the highway corridor condition. This should provide sufficient time to clear the conditions. The conditions of draft approval still conform to City regulations. BACKGROUND On January 17, 2011, Council granted draft approval to the Fernwood Phase 3 Plan of subdivision, consisting of 96 lots for single detached dwellings and two blocks of land for block townhouses (44 units). Draft approval came into effect on February 8, 2011. The location of the subdivision is shown on Schedule 1. The layout of the subdivision is illustrated on Schedule 2. Draft approval for subdivision applications is typically given for three years. Approval lapses after three years unless an extension is granted by Council as permitted under the Planning Act. ANALYSIS The owners have submitted a request for an extension to draft plan approval for a period of 3 years (see attached letter). Draft approval was given subject to 39 conditions (see Appendix B), of which approximately half have been fulfilled. December 10, 2013 -2 - PBD-2013-68 A Provincial Order in Council designates a Controlled Access Highway (future Highway 420 extension) across the land, which prohibits development until it is lifted. A condition of draft approval requires this Order in Council to be lifted prior to final approval of the subdivision. The Ontario Ministry of Transportation has been conducting a Planning and Environmental Assessment Study to determine future requirements for transportation in Niagara. This study indicates that a portion of the subject lands is no longer required for a highway extension, therefore rendering the Order in Council unnecessary. The applicant's counsel has been in discussion with Provincial staff respecting the lifting of this Order in Council and reports that an Order is being drafted. Counsel expects that the Order will signed by the end of the year. To accommodate the signing of this Order, as well as to allow for sufficient time to clear the remaining conditions, the applicant has requested draft approval be extended for a further three (3) years. The Region of Niagara, commenting agencies and City departments were circulated the request. The Region commented that they have no objections to an extension of the draft approval for up to two (2) years from a Regional and Provincial perspective and they have no new conditions to impose. There are no changes to the City's policies or practices that would result in changes to the conditions of subdivision approval. City policies and procedures allow for the granting of extensions to draft approval for a one (1) year period. In this case, there is uncertainty about when the Order in Council will be lifted, and this is beyond the control of the applicant and the City. Therefore, it would be appropriate to grant a longer extension period of two (2)years as an exception. This should provide sufficient time to allow for the lifting of the Order and delivery of the necessary clearance letter to the City, and to clear the remaining conditions. CITY'S STRATEGIC COMMITMENT One of Council's priorities is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Draft Plan of Subdivision • Appendix A - Letter from Applicant's Lawyer r • Appendix B - Conditions of Draft Approval Recommended by: Alex Herlovitch, Dire or of Planning, Building & Development Respectfully submitted: I Ken Todd, Chief Administrative Officer A.Bryce bl Attach. S.\PDR\2013\PBD-2013-68. 26T-11-2009-01 Fernwood Phase 3 Plan of Subdivision: Extension of Draft Approval wpd December 10, 2013 -3 - PBD-2013-68 SCHEDULE I Proposed Plan of Subdivision Fernwood Phase 3 26T-11-2009-01 Location Map r-- ----- /// ////// //// //%/// ' // /j mi � o ash° _ _ y Additional Land J of Applicant • Subject Land rzyA p Xa Fe LNTS December 10, 2013 -4 - PBD-2013-68 SCHEDULE 2 PHASE 3 PHASE 1 .y W a a 4 PHASE 2 - y 2 a ' a x a a a '- y 4 a 3 sa . 9 a ar a a y J J a • a • HIGHWAY ►AA RIGHT-OF-WAY December 10, 2013 - 5 - PBD-2013-68 APPENDIX A SULLIVAN MAHONEY. : AW YE-PS October 1 21,1-• CT. or Nsiagiira Fiaii4 2lrririe Depurimen: 441'i cacer. sirca: \R 1 F I s. [ h'C5 Dear Sir \ Cr Our Client: 800460 Ontario Limited Re: Fernnood Phase 111 Plan of Suhdis ision Re: (ii y ile 014)-2011-06 Re: Fxten.ion of draft Plan appro.al R e act as seaClar. r(-4 UmarIc unted, pen:au as 2 7:1"[C'" ltr c„,r-'Crt Mare! 7urpo‹;ei ti: otter is io ;icy, les, :rat exiai :4; I: tali:ens u .pa nt.rICI Lc' aii: -Inc 1: iiita 2. I he lo,10.4, are le Wa Car. _1(i,iSC tar the Rein.-,1". ;2.• he pit tress 4: : e.,' fl C" :1; irr Pc- NI01 of•\ iiiar the neca-car'- sCIl:e! ca liar: rte .1± ie:4 the arels 'A 11 ;in 42eci to \It IL 70 icS. LOkC 1/4`!.LOC e:11::Cdt.r,or \rpm\att. OCT 2 1 2013 December 10, 2013 -6 - PBD-2013-68 7!ca.se find leTtr irt‘71-.\t Philip De.' r p STtcnibcr 2t1 2'113 Idler ric Crucr H ( :cmo‘inv inthc p"..ce.s drat aa SS,I• pow!. ti ', tau ihat .ent .':The \ ml. .' I r.::cri.rtd:c..1 ir -1‘r2 TS.1: I 7111,pv`all %%US. a'.1 ■epte7r....,er . lii 3 Do %Tor ItutI fr.e . ienY> iur d. Ti Mur cr.i11‘..tics at .kppro‘'ii w-TH o! .; Seiter.l.ner I 5. 20[3 .tits' ch.e:n ha 3;21,1:: mar..2r the .0.1a,"■1:12 War .al are loizcr LI:: c,:rri:.or de. \sill ted, 73.1 a. tIc (oho.... :h. .21MLIV.:1,MS.V., ac eLitisticLi a..171Ed ra‘li aoLICS,' n2...;;ffect i the up7 fee:c • our air.ourn SI IL' he( "f hLt:k. • our chant's chc.4 EC n the aTLLTaHt of 5'. 0.1(1,!11■ rahasle t}-e \ 1/4.., I rust that the ..1`......rce and >OH HI,: cr corlc.e.rn. 7c4 aire ui larincr a Li rilitlar. ut oder L` pr Ccs I ii req lest. Ikl ..:.Crtaet this “,nrter. St 11 l■ \N fl \II()NEV re:- Rocco acca RV:rhtl Cr.cs cc Frui-cheli Ida:etopment December 10, 2013 -7 - PBD-2013-68 COUNSEL - .. . � . . .. ^, 1 , I]j,q _ ,. •III-. . -i-i _. .._ - r -. .,-t'- December 10, 2013 -8 - PBD-2013-68 • December 10, 2013 -9 - PBD-2013-68 APPENDIX B Conditions for Draft Plan Approval 1. Approval applies to the Fernwood Phase 3 Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood-Kerry T. Howe Surveying Ltd., dated December 15, 2010, showing 96 lots for single-detached dwellings and 2 blocks (Blocks 97 and 98) for townhouses. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards (including the Engineering Design Manual, January 2010, as amended) which, in part, includes the following: (a) roadways to municipal requirements; (b) dedication of 5 metre by 5 metre daylighting triangles at all intersections; (c) dedication of the road allowances to the City as public highways and the streets named to the City's satisfaction; (d) provision of water distribution, sanitary sewer and storm sewer systems; (e) weeping tile flow to be directed to the storm sewer by use of sump pumps; (f) provision of an overland stormwater flow route; and (g) lot grading and drainage to the City's satisfaction. 5. The developer submit a Geotechnical report prepared by a Soils Consultant to the City for review and approval. 6. The developer incorporate parking restrictions into the roadway design to the satisfaction of Fire Services and Transportation Services. 7. The developer construct a southbound right turn taper 60 metres in length at the intersection of Garner Road and Hendershot Boulevard. 8. The City dedicate the 0.3 metre reserve along the north side of Eagle Ridge Drive (Block 123, Plan 59M-379) in Fernwood Phase 2 as a public highway. 9. The developer construct sidewalks to City standards on one side of all streets. 10. The developer submit servicing plans showing road widths/curb radii and the design details for the emergency access to Fire Services for review and approval. 11. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. December 10, 2013 - 10 - PBD-2013-68 12. The developer grant the City and Public Utilities any easements required to service the subdivision. 13. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (ie. 911 Emergency Services). 14. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 15. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, provision of satisfactory concrete pads, identification on engineering servicing drawings, installation and providing mail service information to property owners. 16. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 17. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 18. The developer provide Enbridge Gas Distribution Inc.with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 19. The developer contribute funds to provide boulevard trees in accordance with City policy. 20. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 21. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building and Development confirming that all lots comply with the Zoning By-law. December 10, 2013 - 11 - PBD-2013-68 22. The developer provide five copies of the pre-registration plan to Planning, Building and Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 23. The subdivision agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale contain the following warning clause: "The lands to the north and west of the plan of subdivision include lands under agricultural production. Trespass onto these lands may be hazardous due to agricultural operations including the use of farm machinery." 24. The subdivision agreement between the developer and the City of Niagara Falls and the offers and agreements of purchase and sale for Lots 20 to 27 inclusive and Block 97 contain the following warning clause: "The northerly portion of Lots 20 to 27 inclusive and Block 97 are zoned Environmental Protection Area (EPA-933). The City of Niagara Falls Planning, Building and Development Department should be contacted to determine the exact boundaries of the EPA-933-zone. No person shall use Parcel EPA-933 for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any trees or soil or regrade any of the land." 25. Within 60 days of draft plan approval, the developer acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 26. Within 60 days of draft plan approval, the developer provide the Regional Development Services Department with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. 27. The design drawings for the water, sanitary sewer and stormwater drainage systems required to service this plan be submitted by the developer to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development will require the direct approval of the Ministry of Environment, Approvals Branch, Toronto). 28. Prior to final approval of the plan of subdivision for registration, Ministry of the Environment Certificates of Approval for the necessary servicing, (watermains, sanitary sewers and storm sewers) for the development shall be obtained to the satisfaction of the Regional Development Services Department. December 10, 2013 - 12 - PBD-2013-68 29. The developer complies with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Department and the developer shall ensure that all streets and development blocks can provide through access. 30. That if the Highway 420 protected corridor remains, the owners submit, to the Region for review and approval, a detailed noise impact study prepared by a qualified acoustic consultant assessing the impact of noise sources on the subdivision and recommending appropriate measures to reduce noise levels within the development in accordance with the Ministry of the Environment's noise criteria. 31. If necessary, the Subdivision Agreement between the owners and the City of Niagara Falls contain provisions whereby the owners agree to implement the approved noise control measures required in accordance with Condition 30 above. 32. The subdivision agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale contain the following warning clause: "The lands in the plan of subdivision may be exposed to noise, odour and dust from nearby agricultural operations that may occasionally interfere with some activities of the owners who may occupy these lands". 33. The developer prepare detailed sedimentation and erosion control plans for review and approval of the Niagara Peninsula Conservation Authority (NPCA). All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter the adjacent tributary. 34. The developer submit detailed lot grading,servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 35. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, June 1994. 36. Prior to any construction or grading of the land, a limit of work and silt fencing shall be installed along the driplines of the woodlots to the north and east of the subdivision and shall remain in place until completion of any development work, including construction of dwelling units, grading, equipment storage movement and dumping of fill and disturbance of vegetation. 37. That the rear lot grading adjacent to the woodlots to the north and east maintain existing surface runoff direction in order to maintain existing vegetation and existing grades beneath any dripline areas on site be maintained post development. December 10, 2013 - 13 - PBD-2013-68 38. The developer provide fencing to the City's and NPCA's satisfaction along the west, north and east boundaries of the subdivision. Note: when locating the fence along the north boundary,the fence should be positioned to minimize disturbance of trees. 39. That the Ministerial Order in Council, protecting the Controlled Access Highway corridor across the subject lands be lifted to the satisfaction of the Province. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building and Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 12 Canada Post for Conditions 13 and 14 Enbridge Consumers Gas for Conditions 15 to 17 inclusive Regional Niagara Development Services Department for Conditions 25 to 32 inclusive - Niagara Peninsula Conservation Authority for Conditions 33 to 38 inclusive - Ontario Ministry of Transportation for Condition 39 PBD-2013-76 Niagara,Faps December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Planning, Building and Development SUBJECT: PBD-2013-76 26T-11-2005-01, Draft Plan of Subdivision 9116 Tallgrass Avenue Owner: Queensway Chippawa Properties Inc. Applicant: KLM Planning Partners Inc. Proposal: Modification to Existing Draft Approved Plan of Subdivision RECOMMENDATION 1. That Council approve the modifications to the existing draft approved plan of subdivision as shown on the revised draft plan of subdivision prepared by KLM Planning Partners Inc., dated August 14, 2013 and detailed in this report. 2. That the Mayor or designate be authorized to sign the revised draft plan as "approved". 3. That Council determine by resolution that the changes outlined in this report and shown on the revised draft plan of subdivision are minor and do not require further public notice. EXECUTIVE SUMMARY The applicant is requesting to modify the Chippawa West Phase 2 draft approved plan of subdivision to replace several lots for semi-detached dwellings and blocks for on-street townhouse dwellings with lots for single detached dwellings. The total number of dwelling units in the subdivision would be decreased by 27 (from 598 to 571). This request can be supported because: • the draft approved subdivision maintains a sufficient mix of housing types; • the reduction in density from 16.2 to 15.5 is considered minor and does not compromise the City's ability to achieve its greenfield density target; • the revised lots comply with the Zoning By-law; and • other than conditions 1, 19, 30, and 38 the conditions of draft approval adequately reflect current standards and practices. December 10, 2013 -2 - PBD-2013-76 BACKGROUND Draft approval for the subdivision was given by the Ontario Municipal Board (OMB) in 2006 (the OMB did not impose an expiration date for draft approval). The entire subdivision was 43.3 hectares (107 acres) in area and, on the date of draft approval, provided a total of 610 units ((244 lots for single detached dwellings, 86 lots for semi-detached dwellings (172 dwelling units), 25 blocks for on-street townhouse dwellings (124 dwelling units), and one block for a future condominium (70 dwelling units)). The draft approved plan was redline revised in March 2011 which reduced the total number of dwelling units to 598 ((243 lots for single-detached dwellings, 86 lots for semi-detached dwellings (172 dwelling units) , 23 blocks for on-street townhouses (113 dwelling units), and a block for a future condominium (70 dwelling units)). Development of the subdivision has proceeded in stages. The first one was registered in 2012. A second stage was registered earlier this year. Approximately 18 hectares of the draft approved plan remain to be registered and developed. The applicant is requesting permission to revise the remaining portion of the draft plan to replace 13 lots for semi- detached dwellings (26 dwelling units)and 7 blocks for townhouses (32 dwelling units)with 31 lots for single detached dwellings. This will reduce the total number of dwelling units in the plan by 27 dwelling units (from 598 to 571). The lands to the north consist of residential uses (single detached dwellings). To the east are several agricultural parcels, limited residential uses (single detached dwellings) and a City owned recreation centre. To the west and south are several residential lots (single detached dwellings), agricultural land, and a wooded area. ANALYSIS/RATIONALE Subdivision Design The original subdivision application was submitted prior to the enactment of the Provincial Growth Plan which requires development to achieve 53 people/jobs per hectare. The requested revision will reduce the density of the project from 16.2 dwelling units per hectare to 15.5 dwelling units per hectare. In considering this request, Planning staff examined the impact of this reduction in density on the ability of the City to maintain its overall greenfield density target. Data from the 2011 census indicates that the average persons per household is 2.6 for the area containing the subject lands. Based on this, the current draft approved plan of subdivision achieves 42 people/jobs per hectare. If the proposed redline revision is approved, it will the number of people/jobs to 40 per hectare. Staff consider this to be a minor reduction that will not have a significant impact on the ability of the City to reach its overall greenfield density target. In addition, the subdivision maintains an appropriate mix of dwelling types, as encouraged by the City's Official Plan. Accordingly, Planning staff consider a reduction of this magnitude to be minor. There is no change to any of the roads or the boundaries of the subdivision. All the proposed changes comply with the Zoning By-law. Planning staff considers the proposed changes to meet Provincial policies and within the intent of the Official Plan. December 10, 2013 -3 - PBD-2013-76 Conditions of Approval Several conditions of draft approval are required. The first one is technical in nature and is only required to accurately reflect the date of the plan and its composition. Condtion 1 needs to be modified as follows: Approval applies to the Chippawa West Phase II Draft Plan of Subdivision prepared by KLM Planning Partners Inc., dated August 14, 2013 showing 274 lots for single- detached dwelling, 73 lots for semi-detached dwellings, 16 blocks for on-street townhouses, Block 356 for townhouses, Blocks 257& 358 for valley land/floodplain, Block 359 for stormwater management, Block 360 for parkland, Block 363 for future development, Block 368 for emergency access, Blocks 366&367 for walkways and Blocks 361, 362, 364 & 365 for open space features. The final unit count and composition will be adjusted based on revisions to the plan resulting from the conditions of approval. Condition 19 will have to be updated to reflect new requriements of Canada Post with respect to central mailbox systems. The Region of Niagara requested that several of their conditions be modified. Condition 30 is revised to note that the City is responsible for approval of watermains. Furthermore, two previous conditions that pertianed to Regional servicing allocation committments and replaced them with a new condition (condition 38 in Appendix 1) that reflects the Region's new letter of credit policy: That the Owner provide a letter of credit and enter into a legal agreement for the water and wastewater portion of the Regional Development Charges within 12 months of this modification for the portion of the draft approved plan for which Ministry of the Environment servicing approvals have not been issued, unless evidence of a complete Ministry of the Environment application for servicing has been received by the Region of Niagara within this time, to the satisfaction of the Niagara Region Public Works Department (Development Services Division). All other previous conditions adequately reflect current standards and practices, therefore, no changes are required. Planning staff considers the proposed changes to be minor. In this instance, Council may forego providing notice of Council's decision if it considers the changes to be minor, as per subsection 51(47) of the Planning Act. Recommendation 3 of this report would meet the requirements of the Planning Act in this regard. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT The proposal provides for development as envisioned by the City's Official Plan. The proposed changes to the draft approved plan of subdivision adds to the choice of housing options available in the City. December 10, 2013 -4 - PBD-2013-76 LIST OF ATTACHMENTS • Schedule 1 - Location Map Schedule 2 - Draft Approved Plan • Schedule 3 - Proposed Redline Revisions • Appendix 1 - Conditions of Draft Plan Approval Recommended by: • lex Herlovitch, c of Planning, Building & Development Respectfully submitted: ` Ken Todd, Chief Administrative Officer S'.\PDR\2013\PBD-2013-76, Chippawa West Phase 2-Redline Revisions.wpd December 10, 2013 -5 - PBD-2013-76 SCHEDULE 1 , t Q .,, .• ct ?•-t 1.4C1/4 ,q..k, , -- ti3 ' —, ,. • t.., ' .--- —1 ,' , sr — r, ,ert+.., -,.. 1 L i ■ 4. •.. r 1 , ._ r ■ , 9-V, ' • U Y.,k7 Sl- ,4 -- . 1 0 , , ■ ' 0 II 73 a cc+ i 0 1 70 —4— --r- --r- - - ! “-- C I I __. i I November 2013 December 10, 2013 - 6 - PBD-2013-76 SCHEDULE 2 o� P 9DCK JS] _ e ) S� pp BLOCK 356 d ...- ,_ $ry ° _ I Ir 59. ® ) 1 J .J T B m M .P < , _ .cm ocK 369 / BLOCK „— ifre J4 W � ;Tv � V' a 1 hC rv4 Q a4CM].i 8—I `” sy I J ASv if: iii .{ T;J ' d _ c. wL as _ o 'S°' . - 7 V ,e 7,1 J . per �i i' a v. 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BO ) I OeOn J woq.id .- 2S Lse iaoA A � 8 BL�CK 358--� h 4 .P *LOCK 250 eMR2J 'ne ze95 * * R. >e y. n s s ° - s/BBE b L f 2 6B a at j . // I 8 IO EF *, BLOH*JCIB,N $ 9L 212 S0%23 2121812272 ' —_/ / 4 fi k Y I • d • 1• I2° 2fi U \ h U7 BS IiiA 4,0 N n a ry IN L9ry 4 k, 3IZ .$4 A R l ry NRSCPoE V.i�. BB smECY. ✓ siPE[i e' J. 1 4' I 3 .8,8'F I x $ $ 3 q -t. V :: C r; 1 4 BLOCK 38S 8 W 3 "'"'n"7—ROAD �p e w „ 4,2° WILLICK -18 � B ^ I I •SUBJECT TO FINAL BALCULANON December 10, 2013 -8 - PBD-2013-76 APPENDIX 1 Conditions of Draft Plan of Condominium Approval Note: Revised conditions are bolded. 1. Approval applies to the Chippawa West Phase II Draft Plan of Subdivision prepared by KLM Planning Partners Inc., dated August 14, 2013 showing 274 lots for single-detached dwelling, 73 lots for semi-detached dwellings, 16 blocks for on-street townhouses,Block 356 for townhouses, Blocks 257&358 for valley land/floodplain, Block 359 for stormwater management, Block 360 for parkland, Block 363 for future development, Block 368 for emergency access, Blocks 366 & 367 for walkways and Blocks 361, 362, 364 & 365 for open space features. The final unit count and composition will be adjusted based on revisions to the plan resulting from the conditions of approval. 2. Upon notice of draft approval for this consolidated subdivision plan for the overall property the developer submit a letter to the City abandoning all rights and interest in the draft plan of subdivision for 26T-94009 Revised. 3. The developer enter into a Subdivision Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 4. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 5. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) construction of 9.15 metre wide pavement on Street"1" and Street"2"and 8.0 metre wide pavement on the remaining roadways; b) dedication of appropriate daylighting triangles at all intersections; c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; d) dedication of a 3.05 metre (10 foot) road widening to the City along the north side of Willick Road abutting the plan; e) provision of water distribution, sanitary sewer and storm sewer systems; f) weeping tile flow to be directed to the storm sewer by use of sump pumps; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading and Drainage Policy. 6. The developer shall construct all roadways in accordance to City standards, to the satisfaction of the Municipal Works Department. 7. The City will examine the feasibility of the reduced roadway right-of-way widths on Street "1", Street "2", Street "8" and Street "3" (from Street "1" to the south) in the plan and any reduction of the right-of-ways within the final plan for registration shall be to the satisfaction of the City. 8. The registration of the plan shall proceed in phases to the satisfaction of the City and December 10, 2013 -9 - PBD-2013-76 Region depending on servicing capacity, with the first phase containing a maximum of 129 units representing the estimated available capacity at this time. The completion of ongoing studies and necessary capital works projects, as well as other construction in Chippawa, may alter this estimated servicing capacity. 9. The developer dedicate 0.3 metre (1 foot) reserves to the City at the terminus of all roadways that are to be continued in the future phases of this staged subdivision. 10. The developer conduct a traffic impact study for the subdivision in accordance with the City's Guidelines for the Preparation of Transportation Impact Studies and Site Plan Review. The developer's traffic consultant should contact Traffic & Parking Services prior to commencement of the study to identify issues and the study area. 11. The developer submit a traffic calming plan for the roadways for the review and approval of Traffic & Parking Services. 12. The developer dedicate Block 368 to the City as an emergency access for this development and Lyon's Parkway. This access shall be required at least until there is a street connection to Willick Road. If it is determined that Block 368 is no longer required in the future for access or intersection alterations, this land shall be returned to the developer. 13. The developer dedicate Block 359 to the City for stormwater management purposes. 14. The developer submit servicing plans and the design details for the emergency access (Block 368) to Fire Services for review and comment. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing. 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner/developer is required to provide the centralized mail facility at their own cost). 20. The developer dedicate Block 360 (park) and Block 367 (walkway to the City as the parkland requirement for the plan and also Blocks 364 & 365 (open space entry features) and Block 366 (walkway/storm outlet). December 10, 2013 - 10 - PBD-2013-76 21. The developer dedicate Blocks 357 & 358 (valley land) to the City and construct a recreational trail within these lands. Parkland credit shall be granted for this trail. 22. The developer provide 1.8 metre (6 foot) high chain-link fencing in the subdivision as follows: Lot 1 - west side; Lots 63 to 79 (inclusive) -west side; Blocks 366 & 367 - northerly and southerly sides; Block 359 - perimeter (the extent of fencing may be reduced depending on the stormwater area design and potential access to the abutting park block); the Block 360 - north side; Block 196 - east side; Lots 225 & 226 - north side; Block 357-southwesterly and northeasterly sides; Block 358 -west side (except for frontage on Street "8"); Block 363 - west side; Blocks 364 & 365 - west side; Block 368 - northerly and southerly sides. 23. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation & Culture illustrating the streetscape treatment of the Sodom Road and Willick Road entrances and roadway boulevards. 24. The developer provide boulevard trees in accordance with City policy including along the street frontages of the park and stormwater management area. 25. The developer dedicate Blocks 361 & 362 to the City to be added to the abutting historic cemetery on Willick Road to provide a treed buffer (the existing fence shall remain). 26. Any excavation of Street"2" and lots abutting Blocks 361 & 362 shall be undertaken in accordance with good archeological practices and excavation directly adjacent to the cemetery boundary shall be done using hand tools. 27. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 28. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By-law. 29. The developer provide five copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 30. The detailed design drawings with calculations for the watermain, sanitary sewer and stormwater drainage systems, including the necessary external improvements required to service this proposal,be submitted by the developer to the Municipal Works Department for review and approval. 31 . The Ministry of the Environment Compliance Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage)for this development prior to final approval for registration. Note: As a new stormwater outlet(s) and detention/retention facility are proposed, the design for the stormwater management system should be submitted directly to the Ministry of the Environment (Toronto) for approval and issuance of a Certificate of Approval. 32. Prior to final approval of the plan for registration, the developer shall submit to the December 10, 2013 - 11 - PBD-2013-76 Regional Public Works Department for review and approval a Traffic Impact Study to evaluate the necessary geometric improvements for the Regional Road 116 (Sodom Road) - Street "1" intersection and for the adjacent sections of Regional Road 116. Furthermore, the developer agree in the subdivision agreement with the City to implement the recommendations of the approved Traffic Impact Study. 33. The developer provide 7.5 metre x 5 metre daylighting triangles at the Regional Road 116 (Sodom Road) -Street"1" intersection to be deeded to the Regional Municipality of Niagara free and clear of any mortgages, liens and encumbrances. 34. The geometric design for the intersection of Street "1" with Regional Road 116 (Sodom Road) be submitted to the Regional Public Works Department for review and approval prior to final approval of the subdivision for registration. 35. The developer agree in the subdivision agreement with the City to obtain Regional Construction Encroachment and/or Entrance Permits from the Regional Public Works Department (Permits Section of the Operational Support Services Division) before any construction takes place within the Regional road allowance. 36. The developer agree in the subdivision agreement with the City to provide to the Regional Public Works Department upon completion of development a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place. 37. The developer agree in the subdivision agreement with the City to engage the Regional tree crew to remove any trees within the Regional road allowances and to pay for the planting of two trees for each tree removed from the road allowance to accommodate development. 38. That the Owner provide a letter of credit and enter into a legal agreement for the water and wastewater portion of the Regional Development Charges within 12 months of this modification for the portion of the draft approved plan for which Ministry of the Environment servicing approvals have not been issued, unless evidence of a complete Ministry of the Environment application for servicing has been received by the Region of Niagara within this time, to the satisfaction of the Niagara Region Public Works Department (Development Services Division). 39. Prior to approval of the final plan or any on-site grading, the developer submit for the review and approval of the Regional Planning and Development Department, a detailed stormwater management plan for the subdivision completed in accordance with the Ministry of the Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991, as amended, endorsed by a suitably qualified professional engineer. A copy of the Stormwater Management Plan and supporting documentation should also be submitted to the Niagara Peninsula Conservation Authority for its review and response to the Regional Planning and Development Department. Furthermore, that the developer agree in the subdivision agreement to implement the approved stormwater management plan. 40. The developer carry out an archaeological assessment of the subject lands and mitigate any adverse impacts to any significant archaeological resources found December 10, 2013 - 12 - PBD-2013-76 through preservation or resource removal and documentation. Furthermore, that no grading or other soil disturbances take place on the subject lands prior to the Regional Planning and Development Department and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Note: The developer should confirm to the Regional Planning and Development Department the extent of the archaeological assessment that was previously approved for the original subdivision plan (File 26T- 94009). 41 . Prior to final approval for registration, the developer provide evidence in the form of historical research and a ground survey that the pioneer cemetery located on Willick Road does not encroach into the subdivision. 42. The developer agree in the subdivision agreement to submit a tree saving plan to the City for review and approval and forward a copy to the Regional Planning and Development Department. In addition, the developer agree in the subdivision agreement to implement the recommendations of the approved tree saving plan. 43. Blocks 357 and 358 be placed in a "Hazard Land" zone category (or equivalent) to prohibit development, save and any passive recreational trail use that the City of Niagara Falls may required or propose. 44. The developer prepare detailed sedimentation and erosion control plans for review and approval of the Niagara Peninsula Conservation Authority(NPCA). All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter the Hunter Drain or Lyons Creek. 45. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 46. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOE Stormwater Management Practices, Planning and Design Manual, June 1994. 47. At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 48. The developer agree in the executed Subdivision Agreement to implement conditions 44 to 48. 49. The developer agree in the executed Subdivision Agreement to: a) Install a 1 .5 metre (or other standard approved by the City) fence along the rear of Lots 115-123 inclusive; the rear lot line of Block 356 (adjacent the Hunter Drain Valley); the rear of Lots 338-355 inclusive and the south limit of Lot 355; the north limit of Lot 27; the rear of Lots 27-34 inclusive; the east December 10, 2013 - 13 - PBD-2013-76 limit of Lot 26; and the rear (west) of Block 363. b) Re-vegetate all disturbed areas adjacent Blocks 357-358 immediately upon completion of construction works. c) Obtain any required permits from the NPCA/MNR/DFO for the proposed road crossing over Hunters Drain, and any storm outfall construction to Lyons Creek. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 17 Canada Post for Conditions 18 and 19 Regional Niagara Public Works Department for Conditions 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 Ministry of the Environment for Condition 31 Niagara Peninsula Conservation Authority for Conditions 43, 44, 45, 46, 47, 48 and 49 PBD-2013-77 Niagara/Rlls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-77 Street Name Change Kalar Road to Heartland Forest Road on the Portion of Kalar Road, South of Brown Road to Chippawa Creek Road RECOMMENDATION That Council approve the change in the street name of a portion of Kalar Road. The name will change from Kalar Road to Heartland Forest Road on the portion of Kalar Road south of Brown Road to Chippawa Creek Road. EXECUTIVE SUMMARY Council directed staff to proceed with changing the name of a portion of Kalar Road to Heartland Forest Road. City staff conducted research and determined that the name Kalar appears on a map in the Page's Historical Atlas of 1876 on township lots 70 and 80 of the east side of Kalar Road. These lots are just south of Mountain Road on the northerly portion of Kalar Road so not near the southerly portion of the road where the proposed change is to occur. There do not appear to be any property owners named Kalar near the section of road proposed to be changed. There are also records indicating that several members of the Kalar family are interred in Drummond Hill Cemetery all dating from the later 1800's and early 1900's. BACKGROUND On September 24, 2013, City Council directed staff to initiate a street name change for the portion of Kalar Road extending south from Brown Road to Chippawa Creek Road. The proposed name for this portion would be 'Heartland Forest Road'. This would recognize the contribution of Heartland Forest to the community and make it easier to located the Heartland Forest development. ANALYSIS/RATIONALE In order to recognize the contribution that Heartland Forest has made to the community, it is suggested that the street which runs along the east side of Heartland Forest and also is where the main entrance is located be renamed to Heartland Forest Road. There are no residences on this street, so the renaming would not affect any residential addressing. December 10, 2013 -2 - PBD-2013-77 The typical process for canvassing agencies that may be affected by this change has been completed. Land owners, Fire, EMS, Police and post office, along with internal City divisions were sent either a letter or an internal memo. No concerns were received. CITY'S STRATEGIC COMMITMENT It is one of the City's strategic priorities to promote awareness and opportunities for active living by providing accessible recreation facilities and green space for Niagara Falls residents. The renaming of a portion of Kalar Road to Heartland Forest Road will acknowledge the contribution to the community in providing accessible recreation facilities and green space. LIST OF ATTACHMENTS Appendix 1 - Location Map am; - Recommended by: a l : Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: L'4- Ken To d, Chief Administrative Officer P.Boyle Attach. S-.\PDR\2013\PBD-2013-77, Street Name Change, Kalar to Heartland Forest Road.wpd December 10, 2013 -3 - PBD-2013-77 APPENDIX 1 BROwN RD - f —BROWN RD..—.,--. .. 18ROWNRD ?-- City Owned I I New Transit facility o I Z _.4 1.4412 0 a a m a ,,u. f LI- Heartland Forest n I� °v o . I I v o I I- -- Z " I Transforce 1 z �, m Z _ � f.n ___ ____1.----- c HlPP WA GREEK-RD \3 -T 1 -/ m 1 1 1 PC y I f PtiagarafaI1s r 11 . ars TS-2013-50 Niagara) ails December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-50 WEGO Routing for New Year's Eve RECOMMENDATION That this report be received for the information of Council. EXECUTIVE SUMMARY After Reviewing the 2012 New Year's Eve WEGO bus service, staff determined revisions should be made to further enhance our ability to move people in and out of the hospitality sector more efficiently. To that end, meetings have been held with Niagara Parks Commission, Niagara Regional Police, and City Transportation Services staff to best determine the plan of action. Collectively, a WEGO service reroute plan has been established, which involves additional buses, running later to provide a reliable transportation option for those enjoying the exciting New Year's Eve festivities. BACKGROUND In an effort to capitalize on the lessons learned from the New Year's Eve party in 2012, Transit staff met with several key stakeholders to determine a WEGO service reroute that would more effectively transport customers to and from the festivities hosted throughout the hospitality sectors. Meetings with Niagara Parks Commission staff (including NPC Police), Niagara Regional Police, and City Transportation Services staff reviewed the pedestrian and vehicular challenges, which develop prior to and shortly after the concert in Queen Victoria Park. Based on the collective information from all these stakeholders, a WEGO reroute plan was developed to avoid the known bottlenecks and better maintain schedules. Please refer to Appendix 'A' for the reroute plan. This rerouting plan allows customers travelling on the WEGO Red, Blue, and Purple Lines to be dropped off and picked-up close to the major hospitality centres, but with the assistance of the police, the buses should be able to move away from these areas quickly after the New Year's Eve show has completed. Further, efforts have been made to avoid major congestion areas where vehicular traffic tends to create gridlock situations. In addition, to better meet the needs of those travelling on the WEGO buses during New Year's Eve, the service will be operating until 3:30 a.m. and extra buses will be utilized to address any capacity or schedule adherence challenges. December 10, 2013 - 2 - TS-2013-50 The extra buses will be staged on Falls Ave at the Mowat Gate and in front of Candy Planet on the Niagara Parkway at the bottom of Clifton Hill. With the assistance of the respective police staffing, this WEGO hub at the base of Clifton Hill will be kept clear for our Buses to enter and depart this area quickly. The police have also informed Transit staff they will keep all other private carrier buses out of this area, which will reduce traffic congestion for our service too. Niagara Parks Commission informed Transit staff they will be operating a free shuttle between Rapidsview parking lot and Table Rock in an effort to encourage individuals to enter the concert area from the south side of the venue. There will still be a charge to park in the Upper Rapidsview lot. The Parks staff will be running the Incline until 1 a.m. to provide another alternative to the popular Murray Hill Queen Victoria Park access. Niagara Regional Police have indicated the Region will be extending the green lights by 20 seconds at the following intersections to help with the exodus of vehicular traffic at the end of the evening; Stanley Ave. & Hwy 420 westbound, Stanley Ave. & Ferry St. northbound, and possibly Stanley Ave. & Robinson St. northbound. As requested by Transit staff, the Regional Police and City Commissionaires will be stepping up their presence in the Fallsview area around the casino to keep things moving as best they can. Further, signage will be set up at various intersections in the Fallsview area directing traffic south on Stanley to McLeod Rd for the QEW in an effort to redirect the Hamilton/GTA automobiles away from known areas of congestion. The marketing process will involve contacting and distributing detour information to the BIA stakeholders, residents, and Niagara Parks Commission personnel. This information will be posted on the city website, as well as Twitter and Facebook, email blasted to the BIA Chairpersons for fanout, featured in the newspapers, placed within the WEGO buses, and posted at the actual WEGO bus stops. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Four additional Bus Operators and one extra Supervisor will be required over and above the regular staff compliment at a cost of: 4 Operators $932.32 1 Supervisor $313.60 Total $1,245.92 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. December 10, 2013 - 2 - TS-2013-50 ATTACHMENTS WEGO New Year's Eve - Service Map Recommended by: / Karl Dren, Director of Transportation Services Respectfully submitted: Ken odd, Chief Administrative Officer S\General Administration\GA 1.01 Reports\2013 Counci1\12 Dec 10\TS-2013-50 WEGO New Year's Eve Routing wpd . : _. Service Route New Year's Eve DECEMBER 31 , 2013 SERVICE PROVIDED 10:00AM TO 3:30AM ,W •e0 Omon, 0r or = t„ 5 o i 5. o ..r " I/ 1114 4 N ''u a,, O Er He Skeet B� .tsarls© 90 a O m z r Queen ••e • a t y H � r il;_ .• •'4'Ru. ¢ o Q• A ' • ' Moe Hl • t Lundy's Lone Ferry t..oet • y" J��,� 0 •*4 • • • is • •r-a • e• • e O , ? T P V vc, �. 4'ne •:).: • .-5. • o� icon o / ' \ _ f , °�3 � � q!.ad M .n— .l C c"' osi.h •g 4 T. ro6,n Service Between sr T a Roe Tablerock and 'F'" • R• ire po,�: Rapidsvlew • 1AIE Parking Area • € a auY 9 SHo Dunn 55reet • -•E•s r , . '' 6�? so'a p4 ^' •9• r za:y„ M<I,pod ftooa ' u ,,. �a M 5 u- O r aonnge Rd J.prZirp, TS-2013-51 NiagaraJalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-51 License Agreement Request by Region of Niagara RECOMMENDATION 1) That a License Agreement between the Regional Municipality of Niagara and the City allowing WEGO buses to utilize their Lundy's Lane turn around land be approved. 2) That the Mayor and Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY The WEGO Red Line buses utilize the Region's property on the west end of Lundy's Lane (near the train tracks) to turn around and comence the trip westward back toward Tablerock Centre. To ensure our buses may continue to access this turn around opportunity, the Region have stated they want the City to enter in a License Agreement to protect their organization in the event of an accident and their property in the event of damage. There is no cost for the licensing of the property and the City already maintains the site with respect to grass cutting and snow removal at a nominal cost. BACKGROUND Niagara Falls Transit has been utilizing this turn around for many years prior to the introduction of the WEGO service in 2012. The Falls Shuttle service never had any infrastructure at this site before and did not operate year round. With the placement of WEGO bus stop signs and possible benches at this site, coupled with the need to keep the roadway access cleared year round, Regional staff are concerned the additional traffic through this site increases the potential for an accident or damage to their property. Thus, they have requested the City inter into an License Agreement to establish guidelines regarding responsibility. Of concern to the Region is also the maintenance of this site. Although it was once maintained as a parkette, in recent years the City has cut the grass, but any trash containers and picnic amenities have been removed. The Region would like to ensure through the Agreement, that the City properly maintain the roadway on the site and any new amenities constructed for our use. They have not asked for any recurring funds to utilize this site, just general maintenance of their land and an Agreement to protect themselves in the event of litigation. December 10, 2013 - 2 - TS-2013-51 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There is no cost for the licensing of the property and the City already maintains the site with respect to grass cutting and snow removal at a nominal cost. Therefore the financial Implications are minimal. There are no Staffing Implications associated with this Agreement. The Legal Implications would involve the City placing the Region on their insurance coverage to protect the Region in the event of an accident occurring on that site. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer S:General Administration\GA 1.01 Reports\2013 Council\12 Dec 10\20 TS-2013-51 License Request by Region of Niagara.wpd TS-2013-52 NiagaraJalls December 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-52 Agreement Request by Boys and Girls Club RECOMMENDATION 1) That an Agreement with the Boys and Girls Club to allow transit buses to utilize their property for a turn-around, be approved. 2) That the Mayor and Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY In an effort to service the Boys and Girls Club, as well as St. Michael's Secondary School, Niagara Falls Transit approached the staff of the Boys and Girls Club seeking permission to turn our buses around by utilizing their driveway. Transit staff received approval from their personnel conditional upon widening the west entranceway to allow vehicular traffic to pass around the buses when stopping to service customers. Transit staff are working with City and Boys and Girls Club personnel to design the new bus stop area, which would be constructed early Spring, 2014, which will require an amendment to this agreement. In the interim, the Boys and Girls Club Board have asked the City to enter into an Agreement with them and include their organization as an insured property within the City's insurance policy. BACKGROUND Niagara Falls Transit is making every effort to effectively serve facilities requiring public transit services. High traffic facilities, such as St. Michael's Secondary School and the Boys and Girls Club require bus service past their property to ensure their younger clientele have safe access to public transportation. By travelling westbound on McLeod Road past the high school and utilizing the one-way driveway of the Boys and Girls Club, Niagara Falls Transit effectively services both facilities in a safe manner as no one would have to cross McLeod Road. Although the Boys and Girls Club are accepting of Niagara Falls Transit buses travelling through their property, they have requested an Agreement with the City to ensure they are properly indemnified in the event of an accident or property damage. Further, the Club has asked Transit staff to widen the entranceway on the west side of their facility to allow vehicular traffic to pass around the buses when they are stopped to service boarding and alighting customers. At present, City staff are assisting with the design of this bus stop enhancement, which would be constructed early Spring 2014. December 10, 2013 - 2 - TS-2013-51 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no Staffing Implications associated with this Agreement. The Financial Implications would be the cost associated with widening this entranceway to their facility, which is anticipated to be approximately $20,000. Transit hub improvement funds have been budgeted for and approved within the 2013 Capital Budget, which would cover this expense. The Legal Implications would involve the City placing the Boys and Girls Club on their insurance coverage to protect the Club in the event of an accident or property damage occurring on their site. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. Recommended by: iii -�' - Karl Dren, Director of Transportation Services Respectfully submitted: TLAI-9A Ken Todd, Chief Administrative Officer S:\General Administration\GA 1.01 Reports\2013 Council\12 Dec 10\TS-2013-52 Agreement Request by Boys and Girls Club wpd -', 11 j 1• I I ,,r,- 0 Ililiiiiiiin , --1'..,' 2 i•t : t .2 2 • • -.. • -.__ I. i' il• zlt!• : 1 - . 1 j i• F. 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C) 0 3 z z n 1 0 z w 1 Mayor Jim Diodati Niagara Falls City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Kathleen MacCarthy 6300 Ellsworth Place Niagara Falls. ON L26 4S7 289-257-0502 kathlise'ayahoo.ca November 28. 2013 Subject: Managing homeless cat overpopulation in Niagara Falls, ON. Dear Mayor Jim Diodati and Niagara Falls City Council: Three years ago it came to my attention that there was a large group of cats roaming the downtown Niagara Falls area in search of food and shelter. I assumed the role of volunteer caregiver and positioned a safe location for a colony under the bridge at the intersection of Queen Street and Zimmerman Avenue. The colony is comprised of approximately 8-15 cats; however there are occasionally new cats coming in due to homelessness and abandonment. ISSUES OF CONCERN • Protection of feral cat colony shelters and feeding stations against damage and removal • Request for monetary donation or support to maintain colony health • Request to consider the implementation of a Trap-Neuter-Return (TNR) Program in the Niagara Region PROTECTION OF SHELTERS For three years I have dedicated myself to the feeding of the cats, ensured maintenance of the shelters, and safeguarded the location to make sure it is clean and free of environmental hazards that may pose a danger to both cats and the public. As the colony location is positioned on public property. I have been informed by the Niagara Falls Police Department that I may continue to manage the colony; however, it is to my dismay that there is little protection in place against damage by the City or public citizenry. I would like to request that public and private employees and citizens refrain from further damage and removal of colony shelters and feeding stations. Would it be possible to erect city- mandated signage indicating that the location is protected by the City of Niagara Falls? 2 REQUEST FOR MONETARY SUPPORT I have committed myself to the care of Queen-Zimmerman Feral Cat Colony. Currently I am undertaking a Trap-Neuter-Return (TNR) program with the colony cats to ensure that the population does not grow. Niagara Falls does not offer free spay/neuter services, therefore I will be taking them to Lincoln OSPCA. As there is a fee in Lincoln County to spay/neuter cats this will become very costly as you can imagine. The Queen-Zimmerman Colony is comprised of feral, stray, and abandoned cats. It has been proven time and again that euthanizing homeless cat populations will not reduce their numbers as more cats will move in and repopulate. Would the City of Niagara Falls consider making a monetary donation to the ongoing upkeep of the colony?This would be very much appreciated. REQUEST TO CONSIDER IMPLEMENTING A TRAP-NEUTER-RETURN (TNR) PROGRAM IN NIAGARA FALLS The feral/stray cat overpopulation problem has become a serious concern across Southern Ontario. In the Greater Toronto Area (GTA) alone there is estimated to be 100.000 homeless cats. This does not take into account the unmonitored feral cat populations across other nearby regions. Several Toronto organizations* have spearheaded a mandate to counter this dilemma via the following strategies: • Advocating with politicians and supporting the ongoing welfare of feral cat colonies to promote the humane care and control of populations • Pioneering public education and outreach programs that lead to a better understanding of feral cats and humane, effective methods for controlling their population • Encouraging the collaboration of animal rescue groups and local government in implementing a not-for-profit Trap-Neuter-Return (TNR) program to help reduce over- population I am requesting that the City of Niagara Falls consider implementing a TNR program, partnering with organizations such as The Niagara Falls Humane Society and The OSPCA. Were the Niagara Region to join together in creating a free and accessible TNR Clinic coupled with education outreach,just think of the enormous amount of suffering that could be prevented. Just as the City has implemented a progressive Coyote Awareness Program. so too should Niagara Falls take further steps to protect homeless cats in our community. Very respectfully, please consider each of the issues in the body of this letter. As human society has created the problem of homeless cats, caring for and containing their populations should be a civic duty and is the morally right thing to do. Thank you very much for your time and I look forward to hearing from you. Best regards. Kathleen MacCarthy Queen-Zimmerman Feral Cat Colony *Resources: The Toronto Feral Cat Project. nttp: w ww_feraltor nto.com The Toronto Feral Cat Coalition, hqp://tor,mtotbralcarcoalition.weebly.com/ 3 This is Holly! She lives in your neighbourhood . ,. to . °t . ,.. 1 , a.., .. b rif# tt l y aI Meet Holly, she is one of many homeless cats that live in downtown Niagara Falls. I have formed a colony location to care for and feed these unwanted cats. We are in the process of trapping and getting the cats fixed so they cannot reproduce, however new cats come in all the time. Some of these cats are stray and others are simply dumped and abandoned by their owners. Would you consider making a donation to the Queen Street feral cat colony? We accept any donation of hard or soft cat food or money as well. Any monetary donation will go to the trapping and spay/neuter medical treatments of the cats. Winter is here and it is a very difficult time for homeless cats. Please open your heart and consider helping Holly and her friends. Kathleen 289-257-0502 kathlise@yahoo.ca Dean Iorfida From: Kathleen MacCarthy <kathlise @yahoo.ca> Sent: Thursday, December 05, 2013 10:42 AM To: Dean Iorfida Subject: Follow-up for Dean Iorfida. Dear Dean Iorfida: Thank you for your reply regarding the letter I sent to Niagara Falls City Council concerning homeless cats. I am just sending a follow-up note pertaining to the issue. I have been corresponding with Toronto TNR Clinic Facilitators as well as other individuals in the Niagara Region who are lobbying municipal governments to initiate a free TNR Clinic for homeless cats. Myself and my colleagues would be happy to put together a proposal and suggestions for Council if there is interest. Alternatively, I was also considering applying to the City of Niagara Falls for a monetary grant to assist in the TNR of the feral cats under my care. Thank you very much for your time and I look forward to hearing from you. Kind regards, Kathleen MacCarthy kathiise©yahco.ca 289-257-0502 1 • cupw sttp 377. rue Bank Street, Ottawa, Ontario K2P 1Y3 tel 'el. 613 236 7238 fax'tetec 613 563 7861 � i�� October 14, 2013 4), RECEIVED ii Jim Diodati OCT 2 1 2U Mar City Niagara Falls of MA`IOSi offlCE PO Box 1023 4310 Queen St Niagara Falls, ON L2E 6X5 %MO Dear Mr. Diodati: Re: The future of Canada Post Next year, the federal government will look at how it handles public postal service with a review of the Canadian Postal Service Charter. This review- is important because the government could reduce Canada Posts obligation to provide service or even lay the groundwork for privatizing or deregulating our public post office. Canada Post has been holding consultations on the future of our public postal service to prepare for the upcoming charter review. The corporation has been clear. It wants to dramatically cut service to improve its financial situation. Cutting might help Canada Post with its money problems in the short-term but it is not a good long-term strategy and it certainly won't improve the future of postal service in our country. Fortunately, the corporation has other options according to a new- study by the Canadian Centre for Policy Alternatives (CCPA). CCPA study: Why Canada Needs Postal Banking The CCPA study is entitled Why Canada Needs Postal Banking. It makes a powerful case for preserving postal services and improving Canada Post's financial picture through the addition of financial and banking services. The study looks at the changing banking environment in our country as well as our post office's experience with banking. In addition, it reviews the status of postal banking around the world, highlighting five successful models in the United Kingdom, France, Italy, Switzerland and New Zealand. Having established that there is a need for improved financial services in our country and viable models in other countries, the study concludes by suggesting possible models for postal banking in Canada. It recommends that the federal government and Canada Post immediately establish a task force to determine how to deliver new financial services, and establish priorities for delivering new products. Canadian Union of Postal Workers The struggle continues Ors c c - FTQ UN' Syndicat des travailleurs et Iravailleuses des ocstes La lutfe continue .a•mat 1----'% CUPW has enclosed an executive summary of the CCPA study. You can get the full report by going to http://www.pol icvalternatives.ca/publications/reports/whY-canada- needs-postal-banking The union has also enclosed two resolutions that it would like you to consider passing. These resolutions request that you ask the Minister Responsible for Canada Post: 1. To use the upcoming review of the Canadian Postal Service Charter to focus on revenue-generating services, not cuts, including financial services such as bill payments, insurance and banking. 2. To improve the Canadian Postal Service Charter and make the upcoming review of the Charter open to public input. Thank you very much for considering our request. It you have any questions or concerns, please do not hesitate to contact me. Yours truly, • I ; { Denis Lemelin National President �� Encl. cc. National Executive Committee, Regional Executive Committees, National Union Representatives, Regional Union Representatives, Specialists 1,k tope.225 Sy acat des Canadian Union of Postal Workers The snuggle continues oho;cTO - r'10-UNi S n travailleurs et'ravailleusesder pester La iutte continue r CANADIAN POSTAL SERVICE CHARTER REVIEW SHOULD FOCUS ON REVENUE-GENERATION, NOT ADDITIONAL CUTS WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014. WHEREAS Canada Post is preparing for the review by campaigning for major service cuts. WHEREAS Canada Post has already dramatically cut service by closing or downsizing public post offices, eliminating rural mailbox delivery and removing street letter collection boxes. WHEREAS Canada Post and the federal government should do everything in its power to prevent additional cuts during the upcoming review, and instead deal with financial issues by adding revenue-generating services like many other post offices around the world, including lucrative financial services like bill payments, insurance and banking. BE IT RESOLVED THAT the (name of municipality, business or organization) write a letter to the Minister responsible for Canada Post to request that the government consider innovative ways to generate postal revenue during the Charter review, including financial services like bill payments, insurance and banking. MAILING INFORMATION Please send your resolution to: Lisa Raitt, Minister of Transport, Place de Ville, Tower C, 29th Floor, 330 Sparks Street, Ottawa, Ontario, KIA ON5. Please send copies of your resolution to: 1. Denis Lemelin, President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa, Ontario, K2P 1Y3 2. Your Member of Parliament. You can get your MP's name, phone number and address by calling 1-800 463-6868 (at no charge) or going to the Parliament of Canada website: ht:p: '.'., Jounnon IIL.le\ S!''1 aI11UL Wi - I 3. Claude Dauphin, President, Federation of Canadian Municipalities, 24 Clarence St, Ottawa, Ontario KIN 5P3 FOR FURTHER INFORMATION Contact us at "Charter Review" 377 Bank Street, Ottawa Ontario, K2P I Y3 or feedback dIcupw- sttp.org hk tope 225 IMPROVE THE CANADIAN POSTAL SERVICE CHARTER WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014. WHEREAS the public has a right to have input on matters involving its publicly owned post office. WHEREAS the current Charter has a number of serious problems that need fixing. WHEREAS the government could use the Charter review to reduce our public post office's obligation to provide service (instead of improving the Charter) and even lay the groundwork for privatizing or deregulating Canada Post. BE IT RESOLVED THAT the (name of municipality, business or organization) write a letter to the Minister responsible for Canada Post to request 1) that the upcoming review of the Canadian Postal Service Charter be open to public input and 2) that the Charter be improved by: • Ensuring that the moratorium on post office closures in small and rural communities protects the public nature of post offices • Eliminating the exceptions to the moratorium • Extending the consultation process over possible closures and making the process and moratorium more transparent • Establishing an independent Canada Post ombudsperson to report on Canada Post's performance in meeting Charter expectations • Establishing a reasonable, uniform and democratic process for making changes to the postal and delivery network (closures, downsizing, removal of rural mailboxes, etc), but only after consultation with the public and other stakeholders. MAILING INFORMATION Please send your resolution to: Lisa Raitt, Minister of Transport, Place de Ville, Tower C, 29th Floor, 330 Sparks Street. Ottawa, Ontario, KIA 0N5. Please send copies of your resolution to: 1. Denis Lemelin, President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa, Ontario, K2P 1Y3 2. Your Member of Parliament. You can get your MP's name, phone number and address by calling 1-800 463-6868 (at no charge) or going to the Parliament of Canada website: http A`, part• 2 CLI .e 1 'Lan.;u_ig,:—C 3. Claude Dauphin, President, Federation of Canadian Municipalities, 24 Clarence St, Ottawa, Ontario KIN 5P3 FOR FURTHER INFORMATION Contact us at "Charter Review" 377 Bank Street, Ottawa Ontario, K2P 1 Y3 or feedback(Acupw- sttp.org 1 Y24.% „q,{3 _.4se, •� v.. `xa y[ y. tit0i F 8i ,+}r ? -..t ! e 4:1%ttrit. r�I. fi � •-i � "3 " sx Y ��^ 4 �1+� air t4 4.yt '� hkjNwP'"d'Ti.-!. r i^+\. �-,IL,4 R .i : $ , � v Octoberz0i3 Z SUMMARY Why Canada Needs Postal Banking John Anderson s 4_/.41 . . JLt itiVi tj:Vi 't'` RESER IN ,,_ _. ___. _..... _.... SOLUTIONS • • ~ 4901 TIE AUTHOR P_143: MAX:: E D-Pis-13 Ne3- Help us to continue to offer our pub1:cutions free anima. pe- . _. - ..°p?. no:'v>>ud "rti'S5. JniFoa ACKNOWLEDGEMENTS �'.ac sle ve ��'A� nussvr rl?:nr biirP3 I eB . ti' B. OVER THE LAST two decades,we have seen stitution in 38o communities.The Desjar- a major decline in the number of branches dins Group noted in 2013 that caisses popu- and locations for banks and credit unions. hires are the only financial institution in In 1990, there were almost 8,000 branch- 388 towns and villages in Quebec.But the es (7,964) and, by 2002, the number had total number of credit union and caisse fallen to 5008, a decline of 26%. locations has also dropped from 3,603 in The Canadian Bankers'Association re- 2002 to 3,117 in 2012, a decline of 13.5%, ports that, between 2006 and 2012, there was a small increase in the number of bank branches in Canada:from 5,902 to 6.205. The Rise of Banking Fees But since 1990, there has been a decline and High Credit Card Rates of more than 1,700 branches, a 22%drop, In 2010, a study by Vision Critical (corn- and the number of branches increased by only5.1%from 2002 to 2012,with most of missioned by ING Direct bank before it the new branches added in Ontario 1 was taken over by the Bank of Nova Scotia) ( 95), found that banking fees in Canada were Alberta(98), and British Columbia(37). among the highest in the world.More than In many communities today, credit unions or caisses populaires are the only half of Canadians (55%) have fee-based financial institution. In 2012, the Cred- chequing accounts and, on average, pay $185 per year in fees for these accounts. it Union Central of Canada reported that credit unions were the only financial in- Credit card rates remain high in spite of low Bank of Canada prime rates.Typical Fringe Financial Institutions bank card interest rate hover around 20 9,13 Another major change in the banking en- annually and department store cards are vironment that shows there is an open- closer to 30%. ing for new financial services is the rise of Fringe Financial Institutions. These e a is provide short-term loans and cheque ATM, Internet, Telephone Banking cashing sec,fices, aswellasmoney-trans- fers and prepaid credit cards. The decline of branch banking is not only While offering services customers want. linked to banks rationalizing their bricks- the interest rate charges for their services and-mortar locations. It is also linked to on an annual basis can only be considered the rise of ATMs, Internet and telephone usurious.A study of a its in Prince George, banking-Today there are more than 58,000 B.C.,for example,concluded:"Given that ATMS across Canada,61'%%of them so-called the average pay-day loan in Canada is white machines owned by non-bank corn- $280 for a 10-day period, a pay-day lend- panies.Online banking has grown at a tre- er in B.C. can now legally charge$64.40 mendous rate in recent years,with 67%of for this transaction. This computes to a Canadians now using this form of bank- nominal annual percentage rate of inter- ing, according to a cBA study. The study est(APR) of 839.5%." also noted that 47% of Canadians "now These are extremely profitable oper- use the Internet as their main means of ations. oso. the owner of Money Mart. banking, up from 8`%%o 12 years ago." the largest Canadian pay-day loan firm, made global profits before tax of$387 mil- lion on revenues of$1.062 billion in 2012, Retail Store Banking and 28.7% of their total global revenues for the fiscal third quarter 2013 came from Canadian Tire,WalMart,and PC Financial Canada. (to name only the largest)are all major chal- A new group of Internet branchless lengers to the traditional banks.Clients of companies,such as Zippy Cash and Wonga, these institutions are not using traditional have also started up in Canada in the last bank branches.There has also been a rise few years.In Canada,on the Wonga web- of branchless banking. ING Direct Canada. site, the cost for a$200 loan for 3o days a branchless bank, which was originally is$40.10.or a rate of over 240%per year. a subsidiary of a major Dutch bank,now The rise of this kind of institution is has some 1.8 million clients and almost linked in a chicken-and-egg fashion to the $40 billion in assets. It was absorbed by increase in the number of"unbanked"or the Bank of Nova Scotia in 2012, but still "underbanked." It is estimated that be- maintains autonomous activity. tween 3°v and 15%of the population do not have a bank account. If we take the low- million in 1968.In 1968.the Postal Savings est figure of 3%that was estimated to be Bank was closed down,although the legis- 842,00o people in 2005.Today, the num- lation still remains on the books. ber of unbanked,using the same method Today, over 45 years later, the debate of calculation, would approach 910,000. around the need to revive or relaunch a Aboriginal communities remain large- Post Office Rank has begun to grow again. ly without banks or credit unions. Over In 2005, a study from Library of Par- the past decade, the Aboriginal papilla- 'lament research services supported the Lion has increased dramatically,growing extension of financial services as an im- by20.1% between 2006 and 2011. Some portant means of preserving the pest office 1.4 million people now identify as Ab- across Canada, and particularly in rural original, or 4.3% of the Canadian popu- areas. "At present, the idea of establish- lation. But banks and credit unions lag ing a postal bank underpinned by Canada behind in providing services. While the Post's network is not based primarily on major banks all have Aboriginal services, a need to change the banking landscape. there are very few branches on reserves. Rather,it sterns from the growing need to There are 61.5 First Nations communities in breathe new life into Canada Post so that it Canada today and many other Metis and can both cope with globalization and guar- non-status communities.A quick tally of antee universal postal service,which is a branches of banks and credit unions on real,if not official, part of its social man- reserve shows only 54 date, particularly in rural areas." All these trends in financial services A recent study by the Conference Board have opened up the potential for the entry of Canada, commissioned Canada Post, of new banking and financial services in provided a positive analysis of the el- Canada. They show there is a market de- fects of financial services in post offices mand that is not being met by the existing around the world, but failed to recom- major banks and credit unions. mend financial services or even to exam- ine their possible application in Canada, on the grounds that a highly developed Postal Banking: banking system in Canada left no room The Canadian Debate fora postal banking option. Postal banking is not something new to Public support has been confirmed in a Canada.For over loo years after Confeder- May survey by Strategic Communications ation,Canada had a postal savings system. of 1,514 Canadians from ay z4—z 6, 2013, commissioned by the Canadian Union of The high point of deposits for the Post Office Savings Bank was$ Postal Workers. The survey showed that 475 million total in 1908. This would he around $1 billion nearly two-thirds(63%)of Canadians"sup- in today's money.The total shrank to$17.2 ported Canada Post expanding revenue- generating services, including financial services like bill payments,insurance and models in industrialized countries—the banking."Politically the New Democratic United Kingdom, France, Italy, Switzer- Party has supported the expansion of fi- land, and New Zealand—which have all nancial services in Canada Post. maintained an important relationship between the financial services offered through post office outlets and the post Postal Banking office.These countries have been chosen Around the World because of their relevance to Canadian op- tions-In all five countries,the Post Office Postal banking has deep roots internafior.- is publicly owned, although the UK is in ally and is entering a period of expansion the process of privatizing its delivery ser- of services.This has been shown in a ma- vices, the Royal Mail, while keeping the jor global study of postal banking recent- Post Office public. ly carded out in 2012 by researchers of the The United Kingdom's Post Office's Universal Postal Union,of which Canada financial services, in their present form, is a member. offer a model which is based on a major The UPU report shows that, "After partnership with a private sector finan- banks, postal operators and their postal cial institution, some new products, as financial subsidiaries are the second big- well as access for customers of most ex- gest world-wide contributor to financial fisting banking services. inclusion, far ahead of microfinance in- France's Banque Postale is a chartered stitutions, money-transfer organizations, bank owned by the Post Office that offers co-operatives,insurance companies,mo- a wide range of products,including insur- bile money operators, and all other pro ante, and is particularly concerned with eiders of financial services." offering products to the NGO and mutual There are many large and important sector, as well as to low-income citizens. postal banking operations around the The bank makes the list of the world's top world,from lapan Post Bank,the world's 5o safest banks. largest deposit holder with Y203 trillion Italy's BancoPosta presents the mod- 1c$2.15 trillion) in assets, to the Postal el of a non-chartered bank that offers a Savings Bank of China, the fifth-largest wide range of services and excels in offer- commercial bank in China with over 400 ing them through mobile phones as well million customers, to the Deutsche Post as banking cards. Bank. which is now owned by Deutsche Switzerland's PostFinance, wholly Bank but remains one of the largest in owned by the Swiss Post Office,is the lead- Germany with its own network of over too er in money transfers and one of the lar- branches and 4,500 postal outlets. gest banks in a country famous for its pri- Our study does not examine these vate sector banking. It has just this year banks,but rather looks at five successful become a chartered bank. It also offers FIGURE 1 Summary of Postal Banking Models and Services in the United Kingdom, France, Italy, Switzerland and New Zealand Name of Financial Structure of of Post Office Postal Financial Services ownership of sales or profits for Services Institution(s) Financial Services Services Offered Bank Charter latest year Rank of Services Male cs ;Bro Alt nnarcial eye-h ionic of seances tre!zrd anc including agre 'rents N'ti' new rhecie.rL ogler harks BaoroP_sta Poste lta,lane Allsera'ces; 'io 6:2.;of total and insurance savings fn orohts .- cnoanies partnership m with the COP sse Oeposlti e r sti.: S,v:•_e,anel ,:-° ranee 3w ss Post with Al er:°>_2s 717s of Leta. Number 1 pa.taersma w'5S Post o3/menl se-v s rl all oar oce:- ring profits and -umber 3 in c :ns_ranee :.us.omers products New Ceataej ■wibanf NZPos' . ' •_s 'Yrs of profits Largest NC-owr,ad Dan': mortgages and loans in partnership with linked to the particular form of structur- major private sector financial institutions. ing of the financial services(which ranged Finally,[Ciwibank,owned by New Zea- from full ownership by the Post Office to land Post, is a relatively new entrant in various kinds of partnership with the pri- the world postal banking sector and has vate sector),or to the kind of products of- been able to offer a wide range of servi- feted, as some offered all major financial ces,including special mortgage products products and some fewer. The diversity to low-income earners and to the Maori in successful models shows that the key community. component for success seems to be char- acteristics of the Post Office itself,includ- ing widespread locations, trust in the in- Postal Banking for Canada stitution, and the staff. When we examined these five national postal banking systems in detail,we found that they were all successful in their own way.however,success did not seem to be Why Postal Banking? number of bank and credit union branch- es has shrunk over the last two decades.In Our study shows clearly that postal bank- rural Canada, many bank branches have ing would succeed in Canada and would closed in small towns and, while cred- help improve and stabilize Canada Post's it unions have purchased some of these services and revenues. The five post of- branches. this process has slowed mark- fices we studied in other countries are all edly in recent years. publicly ovmed,and receive a substantial Because postal outlets are present in percentage of:heir sales and profits from both rural communities and inner city financial services while other sources of neighbourhoods, new postal banking revenue declined. could offer to citizens and businesses in The rise of virtual and new retail bank- many communities banking services where ing and the growth of Fringe Financial In- they do not currently exist. In Northern stitutions in Canada show that the trad- and rural Canada,on Aboriginal reserves, itinnal financial banking sector is not and in the three Northern territories,there meeting all the needs of Canadians. Mil- have always been fewer banks and cred- lions of Canadians have opened accounts it unions than are needed. (There are no in or are using the services of these new credit unions in the territories.) institutions; but, although they operate Second,it is estimated that some 30/0 in a similar fashion to traditional banks, to 80/0 of Canadians do not have a bank ac- they tend to be concentrated in urban count.This represents a potential of more areas and are not available in many parts than a million new customers for postal of the country. financial services. Many Canadians use A new Canada-wide financial institu- fringe financial services at a high person- don could offer products and services that al cost.New postal banking services could challenge the existing patterns.The ability also be combined with legislation requir- to offer competition for existing fees would ing the immediate roll-back of sat inter- be helped by the fact that banking servi- est rates to bring them in line with exist- ces would be delivered through existing ing banking rates. premises and staff.Use of the e-post sys- The Kiwibank and Banque Postale are tern, as well as existing Canada Post de- both excellent examples of how a postal livery services,could help keep costs low. bank can offer special services to low-in- Clearly,offering postal financial send- come people, such as home mortgages, ces would allow the millions of Canadians rent-to-buy,and even social housing loans. without local bank branches or easy access In the case of Kiwibank, a special mort- to banking the access they need. gage program for Aboriginal peoples has First.there are many Canadians living been developed that could be replicated in large parts of Canada who lack physic- in Canada. al access to banks or credit unions. The Canada Post's the expertise developed at the Bank Banking Advantages of Canada,the Business Development • Canada Post has the largest network Bank of Canada,Farm Credit Canada, Canada Mortgage and Housing Carper- of retail outlets already in place across Canada. ation, Export Development Canada, and Canada Savings Bonds. • Canada Post had a total of almost 6,40o postal outlets in 2012. The financial services Canada Post could provide would be tested regionally • 3,800 Canada Post outlets (60%) are first:would be fair and transparent;he de- in rural areas where there are fewer livered from bricks-and-mortar branches banks and credit unions.The post of- as well as through the telephone and In- fices in these locations could provide ternet;expand existing services; and con- key services for individuals, but also tribute to financial literacy. All services, for local businesses. of course,would be profitable for Canada • Some communities in Canada have a Post to provide. Canada Post already provides some fi- postal outlet,but no other(or limited) nancial services,such as postal money or- banlung services,especially since the ders, domestic and international money closure of 1.700 bank branches and transfers,bill payment and financial trans- hundreds of credit unions over the last two decades. action and payment notices,and prepaid Visa cards. • Canada Post has a high trust factor Brand new services could consist of: among Canadians, and an already existing sk lled and stable workforce • access by all banks and credit union customers to their accounts to de- of 68,00o employees, some of whom could easily be trained to handle finan- posit or withdraw cash,as is the case in the UK; cial services.Thus it would not mean starting from scratch, but rather build- • savings accounts and low-fee chequ- ing on what already exists. ing accounts; • Many Canada Post outlets are already • low-interest credit cards; and open 6 or 7 days a week and could oper- ate longer daily hours if necessary. • prepaid debit cards. Many of them are located in drug stores In the future, services could be ex- or small convenience stores with long tended to; weekday and weekend opening hours. • mortgages; •Since Canada Post is owned l00%by • small-business loans and agricultur- the federal government, it could use al loans; • insurance products; Who Should Own the Services? • mutual funds and stocks: and There are several possibilities: • special new products for low-income and Aboriginal peoples. • Create a non-chartered bank—a Can- ada Post-owned subsidiary—to deli Canada Post financial services should financial services.This is the route er offer new competitive products to all Can- taken in Italy adians,but they could also make sure that there were special services offered to low- • Create a chartered bank wholly owned income and Aboriginal Canadians,similar by Canada Post.This is the route taken to services offered by both the French and by France,Switzerland,and New Zea- New Zealand post office financial systems. land The postal bank could also provide • Create a bank to deliver some of the special services for Hcos and social prim- services and partner with banks and omy organizations.The Banque Postale in others to deliver the rest. This is the France has become a banker for muos.so- route taken by Switzerland. cial economy and mutual organizations in fields such as social housing. For a while • Create a national credit union or mu- it looked as though Citizen's Bank would teal to deliver the financial services in take on this role in Canada,but its retreat partnership with Canada Post. A na- from the sector means that once again tional credit union is one such possi- there is no bank specializing in the needs bility,as it would allow for widespread of this kind of business. ownership by Canada Post employees as well as the public. • Partner directly with one or more h- Delivering Financial Services nancial institutions to deliver the send- Canada Post Corporation could examine ces.This is the route taken in the O.K. the optimum method of delivering these services.This could be done by establish- ing a task force of experts from the finan- What Mix of Financial cial and postal services to examine how Services Should Be Offered? they are delivered in other jurisdictions, Who Should Deliver Them? the best method for Canada Post(in terms Canada Post already has partnerships of profit and sales), and the best method with a number of different institutions for users of these services. that could be approached to assist with these services. Once the first question is answered,the second one could be exam- ined and the experience of other countries five services to Canadians, nor ad- taken into account. equate service to many of the under-or All potential partnerships, if that is unbanked. a route taken, should be determined by • Canada's postal system has a long his- open tender on delivering a service for tory of delivering financial services. a specific period of time. With its 6400 Currently delivering some products,it outlets, which often serve populations could develop a full banking system. with no competition in financial services and sometimes no services at all, Can- • Postal banking systems are proliferat- ada Post would undoubtedly be courted ing around the world and are promin- by many financial institutions anxious to ent in most of the developed countries. supply services. There is also no reason They have shown themselves capable to necessarily have all services provided of generating the additional income by the same stakeholder or stakeholders needed to preserve the postal system across the country. as traditional letter volumes decline. Whatever the ownership mechanisms, • Analysis of the postal banking sys- some services could be completely owned by Canada Post and others delivered by a tems in the five developed countries we have selected has demonstrated partnership with existing credit unions or that there are many ways of creating banks.Partnerships could be made nation- a successful system. We can use the ally or developed on a regional basis.This would also allow Canada Post to partner experience of these countries to cre- ate our own model in Canada. with regionally-based credit unions and caisse populaires in different provinces. • Our study concludes that the idea of The question of delivery has become Canada Post expanding into finan- easier with the uptake in Internet and mo- cial services is a sound one. Other bile phone technology.For example, the studies, as well as opinions of past UK Post Office Ltd. delivers its services Canada Post presidents and experts with a core of 300 financial specialists,as around the world, have reached the well as trained Post Office staff for ii.soo same conclusion. outlets.Internet and telephone technolo- • We recommend that the federal gov- gies allow people in remote areas to con- nect with financial specialists. ernment and Canada Post immediate- ly establish a task force to determine how to deliver new financial services, Conclusion and determine priorities for delivering new products. • Canada's existing financial and bank- ing system is not providing competi- Dean Iorfida From: Carey Campbell Sent: Wednesday, December 04, 2013 1:17 PM To: Dean Iorfida Cc: Marzenna Carrick; Karl Dren Subject: FW:TO MAYOR AND CITY COUNCIL Dean: Please see the correspondence, below from Mr. Boyle regarding the changes to the parking on Dorchester Road. I know that Council approved the recent changes, and Mr. Boyle wanted to know how to protest them. I was only able to suggest to him to put his comments in writing addressed to Mayor and Members of Council, which he did. My apologies in the delay in providing this to you for inclusion on an upcoming agenda. Thank you for your attention to this. carey From: d.qsdad D-DOG Sent: Thursday, November 7, 2013 7:05 PM To: Carey Campbell Subject: TO MAYOR AND CITY COUNCIL reguarding recent changes to parking on Dorchester rd westside between douglas n caledonia strret,notices were sent out regaurding this change and to my knowledge one one resisdent wanted this done MR. PETER DELUCCA,who just happens to be father in law of council man WAYNE GATES,I and fellows niebours believe this had big input in the decision made,as Mr deluccan my family have on going niebour ddispute which mayor is well aware of, as well as nrp,niagarafalls fire dept, and other authourities,i have found out that conusil MR. MARROCO,BROUGHT THIS TTO CONUCIL ATTENTION,vote was taking reguardless of wat the residences wishes were,has mr marrocco or other council men besides MR gates been aware of situation,or is this a matter of city coruption,i was approched by city worker MARZENNA CARRICKwho was speaking to mr delucca then proceeded to come to speak to me reguarding parking in front of my residence where i have lived for 8 yrs,we made verbal agreement rguarding parking she assured me there would not be no parking signs posted,but no i feel that was just just to keep mr delucca quite till signs could be posted.i believe our rights as city residence have been overlooked due to who MR DELUCCA KNOWS IN CITY HALL,if this situation as not resolved, i feel i will take to take this to higher athourites,and have investagation done in this matter. thankyou for your time MR. KERRY BOYLE 7079 DORCHESTER RD . NIAGARA FALLS ONT www.niagarafaiis.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only 1 Dean Iorfida From: BLN1944 @aol.com Sent: Wednesday, November 27, 2013 3:42 PM To: Dean Iorfida Subject: Re: FW: NF Council Mtg Hi Dean: This arrangement sure seem to be a lot more difficult to arrange than any of my previous appearances before City Council! In any event, I wish to appear before City Council on 2013 Dec 10 Tuesday for a few minutes. Subject: sewer back-ups on my street - Fairway Road - and related problems. Thank you in advance for your help & I look fwd to receiving confirmation/timings for that date. Bernie (LCoI. Bernard L.Nehring, CD, BSc, MSc. The immediate foregoing is for your info only). NiagaraJalls MEDIA RELEASE Have your Say! Take the City of Niagara Falls Culture Plan Survey Wednesday, November 27, 2013 For Immediate Release Niagara Falls, Ontario. The City of Niagara Falls, with assistance from TCI Management Consultants, is currently developing a Culture Plan to help guide the City's future investment in arts, culture, and heritage activities. Have your say about the future direction for culture in our community by completing our Culture Plan Survey. You might be a member of a cultural organization or institution, an artist, a heritage advocate or preservationist, or a resident who is passionate about culture and the community - we want to hear from everyone! The survey is easy, it's quick and it will provide the City with valuable direction in preparing the Culture Plan for Niagara Falls. Complete the survey on-line at www.niagarafalls.ca/culture-plan-survey in the comfort of your home, or at any branch of the Niagara Falls Public Library, or pick up a copy of the survey at City Hall, the library or the Gale Centre offices. The survey will be available starting today until Friday, December 20`h, 2013. All completed responses to the survey will be entered into a draw to win a new iPad 16 GB Tablet courtesy of Beattie's Basics — all we need is your name and contact information. Only one survey response and draw entry per individual will be accepted. Stay tuned to www.niagarafalls.ca over the coming months for additional opportunities to share your input on the Culture Plan, including workshops with representatives of cultural and heritage organizations as well as public meetings. -30- For more information contact: Kathy Moldenhauer, Director Recreation & Culture Department kmoldenhauer @niagarafalls.ca 905-356-7521 Ext. 3348 www.niagarafalls.ca Here ' s your opportunity to save lives . Attention City of Niagara Falls Employees Local area hospitals need blood. Niagara Falls Blood Donor Clinics take place at the Niagara Worship Centre at the corner of Frederica and Dorchester. Saturday November 21 9:OOam-12:OOpm Monday November 25 2:OOpm-7:30pm Saturday December 21 9:OOam-12:OOpm Monday December 30 3:00pm-7:00pm Please book an appointment to share your health with someone who needs it Please visit blood.ca to review eligibility requirements For group donations please contact geoff.rvallnablood.ca or at 289.932.4584 Call 1 888 2 DONATE t Apr rr(P ntrumatioi Y t ck an.ICcoc'tnI's Carad;ar B Sod Ser. CCs it in you to give Sr as *tic, "`' • v's tis, 4 Share your vitality Community Services Department Recreation & Culture Inter-Department Memorandum vllbdCafQ1tS TO: Cathy Crabbe DATE: December 4, 2013 Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Tuesday, December 10, 2013 at 7:00 p.m. A.N. Myer Junior Football Team - Metrobowl Football Champions This season the A.N. Myer Jr football team became the first ever Niagara Falls school to win a Metrobowl football championship. In just their fourth year back in the Jr. League after a 15 year absence, the Marauders had an undefeated 10 - 0 season to claim the title. Along the way, the Marauders won the Niagara Region Championship over an undefeated Denis Morris Redmen team from St. Catharines. They defeated the 2011 Metrobowl champion team, the 8 - 0 Assumption College Lions from Brantford. They defeated the 2005 Metrobowl champion Assumption College Crusaders for the Metrobowl Southeast Conference championship. In the Metrobowl final, the team defeated the 9 - 0 Durham champion, Monsignor Paul Dwyer from Oshawa, by a score of 45 -21. The 2013 Marauders Jr Football Team possessed an exceptional combination of talent, depth, commitment, and heart. The team scored a staggering 418 points while allowing only 62 on the season. Coach Bobby Ford's defense and coach Rob Colosimo's offense were the best in the province all season long. The boys from Myer showed their incredible courage and heart when it mattered most; battling high winds, snow, and injuries in a thrilling last second comeback and overtime victory in the Metrobowl semi-final game. This season marks a return to glory for Marauders football. The program once competed in 17 Niagara Jr championships in an 18 year period. The 2013 team now becomes the first Metrobowl champion in A.N. Myer and Niagara Falls history. The team members are listed below: Head Coach - Jamie French Offensive Coordinator - Rob Colosimo Defensive Coordinator - Bobby Ford Special Teams Coach - Dave Lupish Assistant coach - Myles Epp Assistant Coach - Derrick Symonds Program Coordinator - Dave Buchanan .12 Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building&By-Law Services -2- Team Players: 1 Tre Ford 51 Jackson Mayes 5 Tyler Hildebrand 53 Miko Jovkovic 6 Lucas Mazzone 54 Noah Spadafora 10 Michael Casciano 59 Casey Spiegelberg 11 Austin Potter 56 Steven Medvesky 14 Ryan Cahill 61 Adam Abou Ardat 15 Donovan Vanegas 64 Quinn Droog 16 Shawn Degaust 65 Michael Bailey 18 Caleb Milberry 66 Dustin Narduzzi 22 Jehiel Martinez 67 Cam Bauer 20 Eric Sun 68 Alex Noell 28 Jake Andrews 74 Mitch Kvacica 30 Tyrell Ford 75 Elliot Brown-Ford 31 Tyler Scholz 77 Richard Deschatelets 35 Austin Smith 78 Jarod Fillingham 37 Lonnie Rozzell 79 Colin German 33 Joe Murdaca 81 Roy Nixon 40 Troy Colosimo 82 Nick Petrick 42 Tyler Fuentes 83 Callum Stephenson 43 Mitchell Poole 84 Elijah Glasgow 44 Ryan Montgomery 86 Jared Sniegocki 46 Dan Horton 89 Brandon Baker 47 Johnnie Stamatakos 93 Aaron Driscoll 48 Julian Canali 96 Josh Bush 49 Tanner loannoni cc.Dean lorfida, Kathy Moldenhauer C.\Documents and Settings\di202\Local Settings\Temporary Internet Files\Content.Outlook\WFXE34MQ\Dec 10 2013 -A N Myer Jr Football Team - Metrobowl Champions.wpd Dean lorfida From: Wendy Canavan Sent: Friday, November 22, 2013 2:41 PM To: Dean lorfida; Serge Felicetti Cc: Karen Kitney; Teresa Fabbro; Lydia Waters; Cathy Crabbe; Kristine Elia; Carey Campbell Subject: Business Anniversary 2013 Thank you, I will send out emails this afternoon and follow up with them. From: Dean Iorfida Sent: Friday, November 22, 2013 2:32 PM To: Wendy Canavan; Serge Felicetti Cc: Karen Kitney; Teresa Fabbro; Lydia Waters; Cathy Crabbe; Kristine Elia; Carey Campbell Subject: RE: Business Anniversary 2013 I am holding Dec. 10th, Wendy. Presentations are at 7:00 p.m. Thanks Dean From: Wendy Canavan Sent: Friday, November 15, 2013 1:57 PM To: Dean Iorfida; Serge Felicetti Cc: Karen Kitney; Teresa Fabbro; Lydia Waters; Cathy Crabbe; Kristine Elia; Carey Campbell Subject: Business Anniversary 2013 Dean, Business Development Staff discussed with Mayor& his staff the date/venue options this year to honour businesses in our community that are celebrating significant anniversaries. We are cross referencing our list to confirm if there are any other 75 year, 100 or 125 year businesses but at the moment we have Dobbie's Florist 125 years&Crawford Smith, Swallow and Associates 75 years. I will be sending emails out to the business contacts next week to confirm their availability to accept the framed certificate at the Nov 26 or Dec 10th Council Meetings. (Dobie's will be asked to bring with them their which the Mayor presented at their Open House event earlier this year. Jim would like to extend an invitation to Mr. Smith, one of the founders of the accounting firm and hopefully he is well enough to attend.) Please do not include this note in Council's package until we have confirmed the business representatives availability and confirmation of date. Please confirm if the best date is the Dec 10th meeting. Please call myself or Lydia Waters if you have any further questions regarding this matter. Wendy 1 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of a License Agreement with The Regional Municipality of Niagara respecting the installation of a WEGO sign and the operation of a WEGO bus stop on lands owned by the Region and located on Lundy's Lane. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A License Agreement made between The Regional Municipality of Niagara as Region, and The Corporation of the City of Niagara Falls as City, respecting the granting of approval by the Region to the City for the installation of a WEGO sign and the operation of a WEGO bus stop on lands owned by the Region and located on Lundy's Lane, for a term ending February 28, 2023, with a right to extend for a further term of ten years, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said License Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said License Agreement. Passed this tenth day of December, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013 Second Reading: December 10, 2013 Third Reading: December 10, 2013 LICENSE AGREEMENT THIS AGREEMENT made on the 30th day of September, 2013. BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA (the "Region") OF THE FIRST PART and THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "City") OF THE SECOND PART WHEREAS the Region is the registered owner of certain lands legally described as CONSOLIDATION OF VARIOUS PROPERTIES PT TWP LT 134 STAMFORD; PT TWP LT 137 STAMFORD: PT RDAL BTN TWP LT 137 & 138 STAMFORD: PT TWP LT 138 STAMFORD; PT RDAL BTN TWP LT 138 & 139 STAMFORD; PT TWP LT 139 STAMFORD; PT TWP LT 152 STAMFORD; PT TWP LT 153 STAMFORD AS IN AA96852 & R0607148; BEING LUNDYS LANE (AKA KING'S HWY#20 & NIAGARA RD 51) FORMERLY CANBORO RD) LYING BTN THOROLD TOWN LINE RD & KALAR RD, Niagara Falls, Regional Municipality of Niagara, Parcel Information Number 64265-0084 (the"Lands"); AND WHEREAS the City has requested permission to install a WEGO sign and operate a WEGO bus stop upon a portion of the Lands (the "Licensed Lands") as shown hatched on Schedule"A"attached hereto; AND WHEREAS the Region hereby grants approval to the City to install a WEGO sign and operate a WEGO bus stop upon the Licensed Lands, subject to the terms and conditions herein; WITNESSETH that for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual promises herein, the parties agree as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions In this License, unless there is something in the subject matter or context inconsistent therewith, the following terms have the following respective meanings: 1) "Equipment" shall mean the WEGO sign to be installed by the City and any bus shelter or other similar installations that the Region shall permit the City to install in relation to its uses of the Licensed Lands; 2) "License" shall mean this license agreement and all schedules referenced herein; 3) "Licensed Lands" means that portion of the Lands, as shown hatched on Schedule"A" attached hereto. The City shall prepare and register at its own expense a reference plan that accords substantially to the outline of the Lands shown in Schedule"A"; 4) "License Fee" has the meaning ascribed in Section 3.2; 5) 'Realty Taxes" means all real property taxes means all real property taxes, rates, duties and assessments (including local improvement rates). impost charges or levies, whether general or special, that are levied, charged or assessed from time to time by any lawful authority, whether federal, provincial, municipal, school or otherwise, and taxes payable by the Region which are imposed in lieu of, or in addition to, any such real property taxes, whether of the foregoing character or not, and whether or not in existence at the commencement of the Term, and any such real property taxes levied or assessed against the Region on account of its ownership of the Licensed Lands or its interest therein: 6) "Rental Taxes" means any and all taxes or duties imposed on the Region or the Authority measured by or based in whole or in part on the License Fee payable under the License, whether existing at the date of this License or hereinafter imposed by any governmental authority, including. without limitation, Goods and Services Tax, Harmonized Sales Tax. value added tax, business transfer tax, retail sales tax, federal sales tax, excise taxes or duties. or any tax similar to the foregoing,: and 7) "Term" means the period specified in Section 2.2 and, where the context requires. any renewal, extension or overholding thereof. ARTICLE 2 DEMISE AND TERM 2.1 Demise In consideration of the fees, covenants and agreements hereinafter reserved and contained on the part of the City to be paid, observed and performed. the Region licenses to the City and the City licenses from the Region the Licensed Lands. The City accepts the Licensed Lands on an "as is" basis. 2.2 Term 1) The Term shall commence on March 1, 2013 (the "Commencement Date"). run for a period of ten (10) years and end on February 28. 2023. unless terminated earlier pursuant to the provisions of this License, or extended pursuant to Subsection 2.2(2). 2) The City, if not in default hereunder, shall have the right to extend for one (1) further term of ten (10) years, on the same terms and conditions outlined herein, save and except for the License Fee which shall be negotiated prior to the commencement of said extension. The City's right to extend is conditional upon the City providing not less than twelve months' notice in writing to the Region of its desire to extend. 3) After the term set out in Subsection 2.2(2) above, there shall be no further right of renewal. 2.3 Early Termination Each Party to this Agreement shall have the right to terminate this Agreement without cause and totally in that party's discretion upon ninety (90) days written notice to the other. 2.4 Overholding If. at the expiration of the Term or any subsequent renewal or extension thereof, the City shall continue to occupy the Licensed Lands without further written agreement, there shall be no tacit renewal of this License, and the License thereafter shall be on a month to month basis only. and may be terminated by either party on one (1) month's notice. The License Fee shall be payable in advance on the first day of each month equal to the sum of one hundred and fifty percent (150%) of the amount in Subsection 3.2(1), calculated on a monthly basis, and all terms and conditions of this License shall, so far as applicable. apply to such monthly tenancy. ARTICLE 3 LICENSE FEE 3.1 Covenant to Pay The City covenants to pay the License Fee as provided in this License. It is the intention of the parties that the License Fee payable shall be net to the Region and clear of all taxes, costs and charges arising from or relating to the Licensed Lands, and that the City shall pay all charges, impositions and expenses of every nature and kind relating to the Licensed Lands in the manner hereinafter provided, and the City covenants with the Region accordingly. 3.2 License Fee The City shall pay to the Region: 1) An annual License Fee of Two Dollars ("u2.00t payable in advance by cheque, on or before the Commencement Date, and on each anniversary thereof: 2) All Realty Taxes levied, rated, charged or assessed on or in relation to the Licensed Lands. If the Region shall be required to pay Realty Taxes due to the existence of this License, the City shall be solely responsible to pay all s�_�ch Realty Taxes in relation to the Licensed Lands: 3) All Rental Taxes levied, rated, charged or assessed on or in relation to the License Fee payable hereunder by the City to the Region. 4) Any reasonable and substantiated costs incurred by the Region due to the City's use of the Licensed Lands including, without limitation, any increases in the Region's insurance costs; and 5) All other sums, amounts. costs, cost escalations and charges specified in this License to be payable by the City 3.3 License Fee Past Due If the City fails to pay any License Fee when the same is due and payable. such unpaid amount shall bear interest at the rate of prime plus two per cent (2%) per annum, such interest to be calculated from the time such License Fee becomes due until paid by the City. Prime is defined to mean the rate of interest charged from time to time by The Royal Bank of Canada to its clients for consumer loans. ARTICLE 4 UTILITIES 4.1 Payment for Utilities The City shall pay promptly when due all charges, costs, accounts and any other sums payable by reason of the installation and/or supply of any utilities and services to the Licensed Lands. The City shall contract with and pay the supplier directly. 4.2 No Liability In no event shall the Region be liable for any injury to the City. its employees, agents or invitees, or to the Licensed Lands, or to any property of the City or anyone else, for any loss of profits or business interruption, indirect or consequential damages, or for any other costs, losses or damages of whatsoever kind arising from any interruption or failure in the supply of any utility or service to the Licensed Lands. 4.3 Provision of Services The City shall obtain or provide, at its own cost, any necessary services required for the City's operation and/or compliance with any laws, by-laws, ordinances. regulations and directives of any public authority having jurisdiction affecting the Licensed Lands or the use or occupation thereof. Prior to installation of any such services, the City shall obtain the Region's prior written consent, which consent shall not be unreasonably withheld or delayed. ARTICLE 5 USE OF LICENSED LANDS 5.1 Use of the Licensed Lands The City acknowledges that the Licensed Lands will be used solely for the purposes of installing its Equipment; operating a WEGO bus stop and permitting its buses to turn direction at the end of its route. Unless otherwise agreed in writing, the only Equipment the City shall be entitled to install shall be the WEGO sign. If the City desires to add additional forms of Equipment, it shall do so only with the consent of the Region in writing (which consent may be unreasonably withheld). City shall provide the Region notice in writing of its desire to install additional Equipment only not less than thirty (30) days prior to the proposed installation. 5.2 Observance of Law The City shall, at its own expense, comply with all laws. by-laws, ordinances, regulations and directives of any public authority having jurisdiction affecting the Licensed Lands or the use or occupation thereof including, without limitation. Ministry of the Environment (MOE) regulations, requirements of the police. fire and health regulations and requirements of the fire insurance underwriters. Without limiting the generality of the foregoing: 1) Where, during the Term, the City has, through its use or occupancy of the Licensed Lands, caused or permitted a release of a contaminant at. from or to the Licensed Lands, the City shall immediately clean up such contaminant from the Licensed Lands. and any affected areas. at the City's expense; and 2) On the termination of this License for any reason, the City shall remove, at its expense, any contaminant or contamination which. through the City's use or occupancy of the Licensed Lands, it has brought to or created at the Licensed Lands. 5.3 Waste, Nuisance The City shall not do or suffer any waste or damage, disfiguration or injury to the Licensed Lands, and shall not use or permit to be used any part of the Licensed Lands for any illegal or unlawful purpose or any dangerous, noxious or offensive trade or business, and shall not cause or permit any nuisance in, at or on the Licensed Lands. ARTICLE 6 MAINTENANCE, REPAIRS AND ALTERATIONS OF LICENSED LANDS 6.1 City's Obligations The City covenants to keep and maintain the Licensed Lands in a good and reasonable state of repair consistent with the general standards applicable to lands of a similar nature. The obligations of the City include, without limitation, waste disposal, snow removal, landscaping, pest control, and turnaround pavement maintenance for the Licensed Lands. The City shall, on a regular basis, be responsible for the control and clean up of debris on the Licensed Lands. The City shall maintain the Licensed Lands in a manner that is safe for any members of the public who might enter the Licensed Lands to use the bus stop or otherwise. The City shall be responsible at all times for the removal of all soil contaminated by the City, its officers, employees, contractors, agents and invitees as a result of its use of the Licensed Lands. If the Region must clean up the Licensed Lands due to the neglect or refusal of the City, it shall do so at the expense of the City. The reasonable costs of the clean up in such event will be payable by the City as an additional License Fee. 6.2 Inspection and Repair on Notice The City, at its own cost, shall promptly affect all repairs necessitated by the City's use of the Licensed Lands. The Region, its officers, employees. servants. agents and contractors shall be entitled to enter upon the Licensed Lands at any time, without notice, for the purpose of inspecting the Licensed Lands and may direct the City to undertake all such repairs as the Region may in its discretion consider necessary for the safe use and preservation of the Licensed Lands. The Region. its officers, employees. servants, agents and contractors shall be entitled to enter upon the Licensed Lands at any fame, without notice. for the purpose of making emergency repairs, and during normal business hours on reasonable prior notice. for the purpose of inspecting and making repairs. alterations or improvements to the Licensed Lands. The City shall not be entitled to compensation for any inconvenience, nuisance or discomfort occasioned thereby. The Region, its officers, employees, servants, agents and contractors may, at any time and from time to time, on reasonable prior written notice. enter upon the Licensed Lands to remove any article or remedy any condition which, in the opinion of the Region, would likely lead to the cancellation of any policy of insurance. 6.3 Alterations The City will not make or erect in or to the Licensed Lands any installations, alterations or additions without first submitting drawings and specifications to the Region and obtaining the Region's prior written consent. The City must further obtain the Region's prior written consent to any change or changes in such drawings and specifications. Such work shall be performed by qualified contractors engaged by the City. The City shall submit to the Region's reasonable supervision over construction and promptly pay to the contractors when due. the cost of all such work and of all materials, labour and services involved therein and of all decoration and all changes to the Licensed Lands. its equipment or services necessitated thereby. 6.4 Construction Liens If any construction or other lien or order for the payment of money shall be filed against the Licensed Lands by reason of or arising out of any labour or material furnished to the City or to anyone claiming through the City, the City. within five (5) days after receipt of notice of the filing thereof. shall cause the same to be discharged by bonding. deposit, payment. court order or otherwise. The City shall defend all suits to enforce such liens or orders against the City at the City's sole expense. The City indemnifies the Region against any expense or damage incurred as a result of such liens or orders. 6.5 Surrender of Licensed Lands At the expiration or earlier termination of this License, the City shall peaceably surrender and give up to the Region vacant possession of the Licensed Lands. The City shall remove all its Equipment including but not restricted to signs and improvements at the written request of the Region. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 City's Insurance The City and every sublicensee shall, during and throughout the entire Term, at its sole cost and expense. take out and maintain in full force and effect insurance and provide evidence of same in accordance with following minimum requirements: 1) Commercial General Liability Insurance Commercial General Liability insurance insuring the City and covering the Licensed Lands and all permitted uses thereof by the City as described in the Agreement to a limit of not less than FIVE MILLION DOLLARS ($5,000,000) per occurrence and in the aggregate. The policy will be extended to include: a) Bodily injury, death and property damage: b) Cross liability and severability of interest; c) Blanket contractual; d) Premises and operations; e) Personal and advertising injury; f) Broad form property damage: g) Products and completed operations: h) Owner's and contractors protective; i) Non-owned Automobile to a limit of not less than TWO MILLION DOLLARS ($2,000,000); The policy shall be endorsed to: a) Include the owner as an additional insured; and b) Contain an undertaking by the insurers to give thirty (30) days prior written notice in the event that there is a material change in the foregoing policies or coverage affecting the Additional Insured(s) or cancellation of coverage before the ex iration date of any of the foregoing policies. p any a h pC,,,,,., 2) Automobile Insurance a) Automobile insurance (OAP1) for both owned and leased vehicles with inclusive limits of not less than TWO MILLION DOLLARS ($2.000,000). The policy shall contain an undertaking by the insurers to give fifteen (15) days prior written notice in the event that there is a material change in the foregoing policies or coverage affecting the Additional Insured(s) or cancellation of coverage before the expiration date of any of the foregoing policies. 3) Pollution Liability Insurance Pollution liability insurance to a limit of no less than FIVE MILLION DOLLARS ($5.000,300) insuring the Licensed Lands and uses by the City arising from this Agreement. for third party liability losses arising from a pollution event with respect to the Licensed Lands. 4) Other Insurance Any other type (e.g. Environmental), form or as otherwise may be required from time to time as identified at any time by either party. 5) Policy Requirements All policies of insurance shall: a) Be written with an insurer licensed to do business in Ontario: b) Be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to the Region: 6) Certificates of Insurance Certificates of insurance originally signed by authorized insurance representatives shall be delivered to the Region prior to the commencement of the Services, on a form of Certificate of Insurance which is acceptable to the Region. The Certificate of Insurance must comply with these insurance requirements and must be on the Region's form of Certificate of Insurance, which can be found on the Region's website — www.niagararegion.ca/business/fpr/cert-insurance.aspx. If the Certificate of Insurance is provided in a non-original form (e.g. a facsimile, photocopy or scanned electronic copy), the City acknowledges and agrees that the Region is fully entitled to treat any such Certificate as an original and that the City will be responsible for the accuracy and validity of the information contained therein. If required by the Region certified copies of all the above-mentioned policies shall be delivered to the Region. All subsequent policy renewals and certificates of insurance thereafter. during the time that this Agreement is in force, shall be forwarded to the Region within fifteen (15) days of their renewal date. 7.2 City Indemnity The City will indemnify and save harmless the Region, its elected officials, officers, employees. contractors and agents from any and all losses or claims, actions, demands, liabilities and expenses in connection with loss of life. personal injury and/or damage to or loss of property: 1) Arising out of any occurrence in or about the Licensed Lands: 2) Occasioned or caused wholly or in part by any act or omission of the City or anyone for whom it is in law responsible; or 3) Arising from any breach by the City of any provision of this License. ARTICLE 8 ASSIGNMENT AND SUBLICENSING 8.1 Assignment, Sublicensing The City shall not assign, sublicense or part with the possession of the Licensed Lands or any part thereof without the prior written consent of the Region. ARTICLE 9 DAMAGE AND DESTRUCTION 9.1 Damage or Destruction to Licensed Lands If the Licensed Lands or any portion thereof are damaged or destroyed by any cause whatsoever, either party may terminate this License by giving to the other party, within thirty (30) days after such damage or destruction, notice of termination, and thereupon the License Fee and other payments hereunder shall be apportioned and paid to the date of such damage or destruction, and the City shall immediately deliver up vacant possession of the Licensed Lands to the Region. ARTICLE 10 DEFAULT 10.1 Default and Right to Re-enter Any of the following constitutes an Event of Default urder this License: 1) Any License Fee due is not paid within five (5) days after notice in writing from the Region to the City: 2) The City has breached any of its obligations in this License and, if such breach is capable of being remedied and is not otherwise listed in this Section 10.1, after notice in writing from the Region to the City: a) The City fails to remedy such breach within five (5) days (or such shorter period as may be provided in this License): or b) If such breach cannot reasonably be remedied within five (5) days (or such shorter period), the City fails to commence to remedy such breach within five (5) days of such breach, or thereafter fails to proceed diligently to remedy such breach; 3) The City makes an assignment or sublicense without the prior written consent of the Region; or 4) Any insurance policy covering any part of the Licensed Lands is. or is threatened to be, cancelled or adversely changed (including a substantial premium increase) as a result of any action or omission by the City or any person for whom it is legally responsible. 10.2 Default and Remedies 1) If and whenever an Event of Default occurs, then. prejudice to any other rights which it has pursuant to this License or at law, the Region shall have the following rights and remedies, which are cumulative and not alternative: a) To terminate this License by notice to the City or to re-enter the Licensed Lands and repossess them and. in either case. enjoy them as of its former estate, and to remove all persons and property from the Licensed Lands and store such property at the expense and risk of the City or sell or dispose of such property in such manner as the Region sees ft without notice to tne City: b) To remedy or attempt to remedy any default of tne City under this License for the account of the City and to enter on the Licensed Lands for such purposes. No notice cf tne Region's intention to remedy or attempt to remedy such default need be given to the City unless expressly required by this License, and the Region snail not be liable to the City for any loss, injury or damages caused oy acts of the Region in remedying or attempting to remedy such default. The City shall pay to the Region all expenses incurred oy tne Region in connection therewith. 10.3 Costs The City shall pay to the Region all damages, costs and expenses (including. without limitation, all legal fees on a substantial indemnity scale) incurrea by the Region in enforcing the terms of this License, or with respect to any mater or thing which is the obligation of the City under this License. or in respect of which the City has agreed to insure or to indemnify the Region. 10.4 Remedies Cumulative Notwithstanding any other provision of this License, the Region may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the City, either by any provision of this License, by statute. or common law, all of which rights and remedies are intended to be cumulative and not alternative. The express provisions contained in this License as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Region oy statute or common law. ARTICLE 11 GENERAL 11.1 Force Majeure Neither party shall be responsible for delays or non-performance of this License resulting directly or indirectly from impediments beyond its reasonable control (other than financial inability or by application of law), including without limitation, any delay caused by fire, strike. lockout, or other impediments beyond the reasonable control of such party and not caused by an act or omission of such party, provided in the event of such delay or non-performance. the party continues to act reasonably to resolve such delay or non-performance. 11.2 Effect of Waiver or Forbearance No waiver by any party of any breach by the other party of any of its covenants. agreements or obligations contained in this License snail be or be deemed to be a waiver of any subsequent breach thereof or the breach of any other covenants. agreements or obligations, nor shall any forbearance by any party to seek a remedy for any breach by the other party be a waiver oy the party so forbearing of its rights and remedies with respect to such breach or any subsequent breach. The subsequent acceptance of License Fees by the Region shall not oe deemed a waiver of any preceding breach by the City of any term, covenant or condition regardless of the Region's knowledge of such preced.ng breach at the time of the acceptance of such License Fees. All License Fees and other charges payable by the City to the Region hereunder shall by paid without any deduction, set-off or abatement whatsoever, and the City waives the benefit of any statutory or other rignt in respect of abatement or set-off in its favour at the time hereof or at any future time. 11.3 Notices Any notice, request or demand herein provided for. or given hereunder. if given by the City to the Region shall be sufficiently given if delivered personatly or by prepaid registered mail at the address provided for below during normal ousiness hours, or sent by facsimile transmission to the numbers shown below: The Regional Municipality of Niagara 2201 St. David's Road. P.O. Box 1042 Thorold, Ontario L2V 4T7 Attention: Real Estate Services. Properties Management Division Facsimile: 905-641-5240 Any notice, request or demand herein provided for, ei given hereunder if given by the Region to the City shall be sufficiently given if delivered personally or by prepaid registered mail at the address provided for below during normal ousiness hours, or sent by facsimile transmission to the numbe-s shown below: The Corporation of the City of Niagara Falls 4320 Bridge Street Niagara Falls, Ontario L2E 2R7 Attention: Bob Chambers, Manager of Transit Operations. Niagara Fails Transit Facsimile: 905-356-5576 Email: bchambers @niagarafalls.ca Any notice mailed as aforesaid shall be conclusively deemed to have been given five (5) business days following the cay on which such notice is mailed. or if sent by facsimile transmission, on the date following transmission. Either the Region or City may at any time give notice in writing to the other of any change of address of the party giving such notice. From and after the giving of such notice, the address therein specified shall be deemed to be the address of the party for the giving of such notice thereafter. 11.4 Right Personal to the City The permission hereby granted to use the Licensed Lands as described herein is personal to the City. Nothing herein contained shall be construed as giving the City any easement, title, right or interest in the Licensed Lands. Notwithstanding the termination of the License, the City agrees that all of its obligations under this License shall not merge but survive termination and the City snail not oe released from those obligations until the Equipment has been removed from the Licensed Lands and the Licensed Lands have been restored to a condition deemed satisfactory to the Region. 11.5 Registration Neither the City nor anyone on the City's behalf or claiming under the City shall register this License or a notice of license against the Licensed Lands. 11.6 Nurnoer, Gender, Effect of Headings Words importing the singular number only shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders. and words importing persons shall include firms and corporations and vice versa. The division of this License into Articles and Sections and Me insertion of headings are for convenience of reference only. and shall not affect the construction or interpretation of this License. 11.7 Severabilay Should any of the terms of this Agreement be found to be illegal, unenforceable or ultra vires by a court of competent jurisdiction, then those terms so found shall be severable from this License and the remaining terms herein shall continue in full force and effect. 11.8 Entire Agreement There are no covenants, representations, warranties agreements or otner conditions expressed or implied, collateral or otherwise. forming part of or in any way affecting or relating to this License, save as expressly set out or incorporated by reference herein, and this License constitutes the entire agreement duly executed by the parties, and no amendment, variation or change to this License shall be binding unless the same shall be in writing and signed by the parties. 11.9 Successors and Assigns The rights and liabilities of the parties shall enure to the benefit of their respective heirs, executors, administrators. successors and permitted assigns, subject to any requirement for consent by the Region hereunder. 11.10 Confidentiality Subject to the Region's obligations under the Municipal Freedom of information and Protection of Privacy Act. R.S.O. 1990. c. M.58, as amended, each party shall except with the prior written consent of the other party: 1) Not use or disclose to any other person or entity any confidential information disclosed by any party. except as necessary for tne performance of their respective responsibilities under this License: and 2) Limit access to all confidential information disclosed by any party to such employees, agents. consultants, affiliates, lenders and advisors as have a direct need to know in connection with this License. 11.11 Time of the Essence Time shall be of the essence of this License. Any time limits specified in this License may be extended with the consent in writing of both the City and tne Region, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and time shall ce deemed to remain of the essence of this License notwithstanding any extension of any time limit. [Remainder of page intentionally left blank] IN WITNESS WHEREOF the parties have duly executed this License. THE REGIONAL MUNICIPALITY OFGARA ,,,,-+maa: .r r Per: / _ Name: Ken th, Brot e s, .Eng_ �_ Title: Comm ssioner of Public Works I have the authority to bind the Corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name Title: Per Name: Title: INVe have the authority to bind the Corporation. • SCHEDULE "A" THE LANDS, THE LICENSED LANDS, AND THE CITY LEASED LANDS ' u:313;-r-1. 1'^ , ;;W ' "gig`*' �` '�„ • . ItStIVIP 4 fie. CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of a Permission to Use Lands Agreement with the Boys & Girls Club of Niagara respecting the use of a portion of the lands owned by the Club and located on McLeod Road, for the purpose of a turnaround for City buses. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Permission to Use Lands Agreement dated December 10, 2013, and made between the Boys & Girls Club of Niagara as Owner, and The Corporation of the City of Niagara Falls as City, respecting the granting of a non-exclusive license by the Owner to the City of a portion of the Owner's lands located on McLeod Road, for the purpose of a turnaround for City buses, for a term ending December 31, 2014, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Permission to Use Lands Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Permission to Use Lands Agreement. Passed this tenth day of December, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013 Second Reading: December 10, 2013 Third Reading: December 10, 2013 THIS PERMISSION TO USE LANDS AGREEMENT made this 10th day of December, 2013. BETWEEN: BOYS & GIRLS CLUB OF NIAGARA Hereinafter referred to as the "Owner" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the Owner is the owner of lands and premises more particularly described in Schedule "A" attached hereto (the "Subject Lands"); AND WHEREAS the City wishes to use a portion of the Subject Lands for the purposes of a turnaround for City buses, (the"Site"), as more specifically shown in heavy outline on the sketch attached hereto as Schedule "B", commencing on the l st day of January, 2014, to the 31st day of December, 2014, or in the alternative, until the substantial completion of the construction of a bus platform on the Subject Lands, (the "Works"), in order to accommodate turnarounds for City buses; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and other good and valuable consideration, the parties agree as follows: 1. Grant and Term 1.1 The Owner hereby grants the City a non-exclusive licence to use the Site from the 1st day of January, 2014, to the earlier of the 31st day of December, 2014, or the substantial completion of the Works (the "Term"). 2. Compensation 2.1 As compensation for the permission granted by the Owner, the City shall pay to the Owner the sum of One Dollar ($1.00), in advance. 3. Use of Site by City 3.1 This licence entitles the City to use the Site to accommodate turnarounds for City buses and for no other purpose. - 2 - 4. City's Obligations 4.1 The City shall not damage the Site. 5. Owner's Obligations 5.1 The Owner agrees that it shall: (a) Allow access to the Site by the City, its employees and agents; (b) Not use or permit the use of the Site in such a manner as to cause additional costs for the City. 6. Insurance 6.1 The City shall, at its own expense, effect and keep in force at all times during the currency of this Agreement, for the Site, a policy of insurance in the amount of $5,000,000.00 for coverage of municipal liability. 6.2 The City shall name the Owner as an additional insured on the insurance policy set out in Section 6.1 above. 7. Indemnification 7.1 The City indemnifies and saves harmless the Owner against all manner of actions, causes of action, claims, demands, loss, costs, damages and expenses whatsoever, of every kind and nature that may be suffered by or occasioned by the Owner in any manner howsoever by reason of the use or enjoyment of the Site, save and except for those actions, causes of action, claims, demands, loss, costs, damages and expenses occurring during such times when the Subject Lands are under the care and control of the Owner or as a result of the negligence of the Owner's employees. 8. General 8.1 Neither party may assign its interests in this Agreement without the specific consent of the other. 8.2 Upon termination of this Agreement, the Owner may require the City, at its own expense, to remove any of its installations and facilities from the Site and restore the Site to a condition satisfactory to the Owner. 8.3 There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement and the Schedules attached hereto. This Agreement may not be modified except by an agreement in writing executed by the parties hereto. - 3 - IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. BOYS & GIRLS CLUB OF NIAGARA Per: Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk Schedule "A" Part of Township Lot 180, Stamford, Parts 1 and 6 on Reference Plan 59R-12912, Niagara Falls. .-...,: SCHEDULE , " isi....:„."9„....t.::,......:, i ....„.„:, , iD31114”V o'N 1 I• » "' I ! :11 ) N 0 :I')2; I5i< 1 1101'111T I —--- t„ I, •• y I, 1 , I , ' 1 -/ . , i - I'• :ii • r,°": ' .. t •I ifill rhil•H • •I•••1 I •.P 4 ^' :II 'I i \tf. 1 i I I I 1;1 t - f ifilip.i[ ;Ir I .11 I ' it1 . . 41:o .41 1 SF r. fi ' . -; 11, ., , moll tiht.±.111,u'"( i ; !IL 1 L., . .,;e• , ,F oar"n ., N o• ,, +I I . • 7 7 • 4' 1 ' 4 . 'i 1'1 .. , ., 4•• ' ,, .. , I ...,-.4 I 11 • I ., 11-€:71''...lijir:I111:ir„-17.27-.4„..:1'S-4.:11[1! tl°' 1 1 IC t'. rilidli, b 'Will i ■ It 4' ..T"i'lt ,-------T/ a. ,il:: :: ro , , ipiti,, talc. ilir ii ),3 _ 1: , i ti 1 il. II1 . 1 • r ;151,,'' 4 - -' y t , .11 ' 1 .1 i 1 .4: , , IA, - alit; fi 1111 I ll, 1 n I •,.. . . . 1 , 1:-; 5 —1-1-151; .,ell, ;'' ro 1 , • , , itb 1 ! f, ;Ili!: , ,'` 1 ' ; 1,i,r rw • , ro, . 5r r r' I. , it4i, i. • . ..,.. , ---77-1;, , J ft t.„, ,, , IL.' . _ _. 4 • l'‘ ‘ ,, t- ' 1 ' ' -n- ' \-. j ' U.: '-.- , I i ■I' -,1 i ''''Le:,./ - 'i'-lt< I , ' _• ' , 1 '■ • I . , . PT L/ 7 jj ' • • ,T, i - • , ,:, r---A"/ I ' !grip\ , r:i i / - 1 , .... .-___. ■ I 4 i.t, iiiih'il {0111;h1 , 1 ■1-. a •I I; • ,I Lii 11,1 : • I liz t i:gii., ;pi tiolig , 5 ,or CITY OF NIAGARA FALLS By-law No. 2013-XX A BY-LAW UNDER THE BUILDING CODE ACT RESPECTING CONSTRUCTION, DEMOLITION, CHANGE OF USE, OCCUPANCY PERMITS, TRANSFER OF PERMITS, INSPECTIONS AND ASSOCIATED FEES. WHEREAS pursuant to the Building Code Act 1992, S.O. 1992, c .23 as amended, the Lieutenant Governor in Council has established a Building Code which is in force throughout Ontario; AND WHEREAS Section 7 of the Building Code Act 1992, S.O. 1992, c .23 as amended, empowers Council to pass by-laws respecting construction, demolition, change of use, transfer of permits, inspections, and the setting and refunding of fees; AND WHEREAS Subsection 8(3) of the Building Code Act 1992, S.O. 1992, c .23 as amended, authorizes a Chief Building Official to issue a Conditional Building Permit in circumstances and subject to the conditions listed in that subsection; AND WHEREAS Article 8(3)(c) of the Building Code Act 1992, S.O. 1992, c .23 as amended, sets out that the applicant or such other person as the Chief Building Official determines, must enter into a form of agreement which is described in that article and commonly known as a Conditional Building Permit Agreement; AND WHEREAS the Council of the City of Niagara Falls deems it to be in the public interest that the Chief Building Official have the authority to execute Conditional Building Permit Agreements on behalf of the City of Niagara Falls; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE 1.1.1 This by-law shall be known as the "Building By-law". 1.2 DEFINITIONS 1 .2.1 For the purpose of this by-law: 1) "Act" means the Building Code Act 1992, S.O. 1992, c .23 as amended; - 2 - 2) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or any person or corporation empowered by statute to cause the construction or demolition of a building or buildings and anyone acting under the authority of such person or corporation; 3) "architect" means the holder of a licence, certificate of practice or a temporary licence issued under the Architects Act as defined in the Building Code; 4) "as constructed plans" means as constructed plans as defined in the Building Code; 5) "authorized agent" means any person authorized by the owner of the building or property to apply for a permit on the owner's behalf as established by the completion of the prescribed from. 6) "building" means a building as defined in Section 1(1) of the Act; 7) "Building Code" means the regulations made under Section 34 of the Act; 8) "Chief Building Official" means the Chief Building Official appointed by by-law by The Corporation of the City of Niagara Falls for the purposes of enforcement and administration of the Act; 9) "City" means The Corporation of the City of Niagara Falls or the geographical area of the municipality, as the context requires; 10) "construct" means construct as defined in Subsection 1(1) of the Act; 11) "Corporation" means The Corporation of the City of Niagara Falls; 12) "demolish" means demolish as defined in Subsection 1(1) of the Act; 13) "Inspector" means an inspector appointed by by-law of The Corporation of the City of Niagara Falls for the purposes of enforcement of the Act; 14) "Landscape Architect" means a member of the Ontario Association of Landscape Architects; 15) "owner" means the registered owner of a property and includes a lessee, a mortgagee in possession, and any person who proves to the satisfaction of the Chief Building Official that they are the authorized agent of the owner of a property and any person who qualifies as the owner of a property pursuant to Section 15.1 of the Act; -3 - 16) "permit" means permission or authorization given in writing from the Chief Building Official to perform work, to change the use of a building or part thereof, or to occupy a building or part thereof, as regulated by the Act and the Building Code; 17) "permit holder" means the owner to whom a permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred; 18) "plumbing" means plumbing as defined by Section 1(1) of the Act; 19) "Professional Engineer" means a person who holds a licence or temporary licence under the Professional Engineers Act, as defined by the Building Code; 20) "Registered Code Agency" means a Registered Code Agency, as defined in Subsection 1(1) of the Act; 21) "sewage system" means a sewage system, as defined in the Building Code; and 22) "work" means construction or demolition or a building or part thereof, as the case may be. 1.2.2 Words or terms not defined in this by-law shall have the meaning ascribed to them in the Act or Building Code. 1 .2.3 In the case of any conflict between the provisions of this by-law and the provisions of either of the Act or the Building Code, the provisions of the Act and of the Building Code shall prevail. SECTION 2 PERMITS 2.1 CLASS OF PERMITS 2.1 .1 Classes of permits required for construction, demolition or change of use are set forth in Schedule "A" of this by-law. 2.2 FILE APPLICATION ON FORMS PRESCRIBED 2.2.1 To obtain a permit, an applicant shall file an application electronically or in writing, on forms prescribed by the Province of Ontario and available from the Chief Building Official, and supply any other information relating to the application, as required by the Chief Building Official. -4- 2.3 REQUIRED SUBMISSIONS 2.3.1 Every application for a permit shall be submitted to the Chief Building Official, and contain the following information: (1) Where application is made for a construction permit under Subsection 8(1) of the Act, the applicant shall: (a) use the provincial application form, "Application for a Permit to Construct or Demolish"; (b) include complete plans and specifications, documents and other information as required by Section 3 and described in Schedule "B" of this by-law for the work to be covered by the permit; (c) include completed forms as set out in Schedule "B" of this By-law, where applicable; and (d) submit the required fee(s) and deposit(s) as described in Schedule "A". (2) Where application is made for a demolition permit under subsection 8(1) of the Act, the applicant shall: (a) use the provincial application form, "Application for a Permit to Construct or Demolish"; (b) include complete plans and specifications, documents and other information as required by Section 3 and Division C Sentence 1.3.1 .1(4) of the Building Code and described in Schedule "B" of this By-law for the work to be covered by the permit; (c) include completed forms as set out in Schedule "B" of this by-law, where applicable; and (d) submit the required fee(s) and deposit(s) as described in Schedule "A". (3) Where application is made for a conditional permit under Subsection 8(3) of the Act, the applicant shall: (a) use the provincial application form, "Application for a Permit to Construct or Demolish"; (b) include complete plans and specifications, documents and other information as required by Section 3 and described in Schedule "B" of this By-law for the work to be covered by the permit; - 5 - (c) submit written correspondence to the Chief Building Official stating: i. the reason(s) why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; ii. the necessary approval(s) which must be obtained in respect of the proposed building and the time in which such approvals will be obtained; and iii. the time in which plans and specifications of the complete building will be filed with the Chief Building Official. (d) be subject to entering into an agreement with the City as provided for in subsection 8(3) of the Act; (e) include completed forms as set out in Schedule "B" of this by-law, where applicable; and (f) submit the required fee(s) and deposit(s) as described in Schedule "A" of this by-law. (4) Where application is made for a change of use permit issued under Subsection 10(1) of the Act, the applicant shall: (a) use the prescribed application form, as may be amended from time to time, provided by the City; (b) include complete plans and specifications, documents and other information as required by Section 3 and Division C Sentence 1.3.1.1(4) of the Building Code and described in Schedule "B" of this by-law for the work to be covered by the permit; (c) submit written correspondence to the Chief Building Official to identify and describe: i. the building in which the occupancy is to be changed, by a description that will readily identify and locate the building; and ii. in detail the current and proposed occupancies of the building or part of the building for which the application is made. - 6 - (d) include complete plans and specifications showing the current and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code including, but not limited to: floor plans; details of wall, ceiling and roof assemblies identifying required fire resistance ratings and load bearding capacities; and details of the existing sewage system, if any; (e) include completed forms as set out in Schedule "B" of this by-law, where applicable; and (f) submit the required fee(s) and deposit(s) as described in Schedule "A". (5) Where application is made for a transfer of permit because of a change of ownership of the land, as permitted under Clause 7(1)(h) of the Act, the applicant shall: (a) use the prescribed application form, as may be amended from time to time, provided by the City; (b) provide the following information on the required application form: i. the names and addresses of the previous and new land owner; ii. the date that the land ownership change took place; and Hi. a description of the permit that is being transferred. (c) submit the required fee(s) and deposit(s) as described in Schedule "A". (6) Where application is made for occupancy of an unfinished building as provided for in Division C Articles 1.3.3.1 and 1.3.3.2 of the Building Code, the applicant shall: (a) use the prescribed application form, as may be amended from time to time, provided by the City; (b) include complete plans and specifications, documents and other information as required by Section 3 and as described in Schedule "B" of this by-law to identify, to the satisfaction of the Chief Building Official, the portion of the building intended to be occupied; (c) describe the part of the building for which occupancy is requested; and -7 - (d) submit the required fee(s) and deposit(s) as described in Schedule 2.4 INCOMPLETE APPLICATIONS 2.4.1 An application is deemed to be incomplete if it does not contain the prescribed information or is not accompanied by plans, certificates and documents specified in this by-law. 2.4.2 Where an application is found to be incomplete, except as permitted under Article 2.4.3, the application shall be refused. 2.4.3 An incomplete application may be accepted if the applicant acknowledges the application is incomplete by completing the "Acknowledgement of Incomplete Application" form as may be amended from time to time, provided by the City, thus postponing the application of the timelines stipulated by the Building Code until the application is deemed complete. 2.5 CONDITIONAL PERMITS 2.5.1 The Chief Building Official may, upon being satisfied that as many of the requirements of this by-law, the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the Building Code as amended, as practicable have been complied with, execute an agreement that includes the terms described in Article 8(3)(c) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended. 2.5.2 The delegation of authority set out in Subsection 2.5.1 above is effective as of July 15, 2013. 2.6 TRANSFER OF PERMITS 2.6.1 In any case wherein the ownership of the land is transferred after a permit is issued, the ownership of that permit may be transferred if the new land owner completes the permit application form in accordance with the requirements of Section 2 of this by-law. 2.6.2 Once the permit is transferred, the new owner shall be the permit holder for the purpose of the Act and the Building Code, thus assuming any responsibility for outstanding inspections. 2.7 PARTIAL PERMITS 2.7.1 Where feasible, the Chief Building Official may consider approval of a portion of the building or project prior to the issuance of a permit for the entire building of project, by way of issuance of a partial permit. - 8- 2.7.2 Where application is made for a partial permit, the applicant shall: (1) use the provincial application form, "Application for a Permit to Construct or Demolish"; (2) include complete plans and specifications, documents and other information as required by Section 3 and described in Schedule "B" of this by-law for the work to be covered by the partial permit; (3) include completed forms as set out in Schedule "B" of this by-law, where applicable; and (4) submit the required fee(s) and deposit(s) as described in Schedule "A" for the complete project. 2.7.3 Where a partial permit is requested, the application is deemed to be incomplete. 2.7.4 Where the Chief Building Official elects to grant a partial permit it shall be in the form of a conditional permit and shall be subject to all of the same terms and conditions as identified in Sentence 2.3.1(3), as well as the prescribe fees of Schedule "A" of this by-law for conditional Permits. 2.7.5 Where a permit is issued for part of a building or project, this shall not be construed to authorize construction beyond the plans for which approval was given, nor that approval will be necessarily granted for the entire building or project. 2.8 REVOCATION OF PERMITS 2.8.1 Prior to revoking a permit under Subsection 8(10) of the Act, the Chief Building Official may serve a notice by personal service or registered mail at the last known address to the permit holder. 2.8.2 A permit holder may, within thirty (30) days from the date of service of the notice described in Article 2.8.1 of this by-law, request in writing the Chief Building Official to defer the revocation by stating reasons why the permit should not be revoked. 2.8.3 The Chief Building Official shall consider the reasons provided and make a determination to revoke or extend the permit. 2.8.4 Notice of the decision of the Chief Building Official under sub-section 2.8.3 shall be mailed to the last known address of the permit holder. 2.8.5 A request for deferral of revocation shall be subject to payment of a non- refundable fee as set out in Schedule "A" of this by-law. -9 - 2.9 INACTIVE PERMIT APPLICATION 2.9.1 Where an application for a permit remains incomplete or inactive for thirty (30) days after it is submitted, the application may be deemed by the Chief Building Official to have been abandoned and the application shall be returned to the applicant along with a notice of abandonment. 2.9.2 Where the application for permit has been deemed abandoned and returned to the applicant, it shall be accompanied by a refund of the applicable fees in accordance with the provisions for refund of fees described in Schedule "A" of this by-law. 2.9.3 Once an application is deemed to be abandoned and the applicant is notified, a new application shall be filed for the proposed work. 2.10 SEWAGE SYSTEM PERMITS 2.10.1 The Administration and Enforcement Section of Division B Part 8 of the Building Code with respect to sewage systems remains the responsibility of the Regional Municipality of Niagara. 2.10.2 Any applicant wishing to make application for a sewage system permit under the provisions of Division B Part 8 of the Building Code shall do so by making application to the Regional Municipality of Niagara. 2.11 LIMITING DISTANCE AGREEMENTS 2.11.1 An applicant may enter into a Limiting Distance Agreement with the City as provided for in Sentence (8) of Division B — Article 3.2.3.1 or in Sentence (5) of Division B —Article 9.10.14.12 of the Building Code. SECTION 3 PLANS AND SPECIFICATIONS 3.1 INFORMATION SUFFICIENT TO DETERMINE CONFORMITY 3.1 .1 Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed construction, demolition, change of use or transfer of permit will comply with the requirements of the Act, the Building Code and any other applicable law. 3.2 COMPLETE SETS 3.2.1 Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by complete sets of plans and specifications as described herein as well as in Schedule "B" of this by-law. - 10- 3.3 REQUIREMENTS FOR PLANS 3.3.1 Plans shall be drawn to scale to a minimum of 1:75 or 3/16" = 1'. 3.3.2 Plans shall be legible and drawn on paper, other durable material, or in an electronic media format approved by the Chief Building Official. 3.4 FIRE SAFETY MATTERS 3.4.1 The Fire Chief, Fire Prevention Officer, or other specified official, if so designated, shall be responsible for the enforcement, plan examination and field inspections of the following sections of the Building Code, as amended, respecting fire matters; namely: (1) Fire alarm systems, and all ancillary functions; (2) Fire detection systems; (3) Standpipe, hose systems and water supply (including dry hydrants); (4) Sprinkler systems; (5) Portable fire extinguishing equipment; (6) Voice communication systems; (7) Systems for the ventilation and fire protection of restaurant and other commercial cooking equipment; (8) Access for Fire Department vehicles; and (9) Structural components damaged by fire or other unapproved use. 3.4.2 The Fire Chief, Fire Prevention Officer, or other specified official, if so designated, shall review all drawings submitted pursuant to an application for a permit as complying with the requirements of the Building Code, respecting fire safety matters specified in subsection 3.4.1. of this by-law prior to the issuance of a permit by the Chief Building Official. 3.5 SURVEYS 3.5.1 Site plans shall be referenced to an up-to-date plan of survey and when required to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of the survey shall be submitted to the Chief Building Official. - 11- 3.5.2 Site plans shall show: (1) lot size and the dimensions of property lines and setbacks to any existing or proposed buildings; (2) existing and proposed finished ground levels or grades; and (3) rights of ways, easements and all municipal services; (4) the location of any equipment placed on or crossing the property related to the transmission of hydroelectricity, such as but not limited to, hydro service poles, hydro service pole support components, transformers or hydro wires; and (5) calculated proposed lot coverage. 3.5.3 A surveyor's certificate, prepared by a registered Ontario Land Surveyor, shall be submitted and approved prior to commencement of the framing of the above grade portion of the building and shall show the location of the foundation or foundations on the lot for any single detached, semi-detached, duplex, triplex, fourplex or row house buildings. Elevations shall be given for the top of all foundations walls as well as to the top of any buck provided in the foundation wall to accommodate for doors or other openings. 3.6 LOT GRADING 3.6.1 Each application for permit for the construction of a single detached, semi- detached, duplex, triplex, fourplex, row house, and any additions thereto shall be accompanied by a lot grading plan bearing the signature and seal of a practicing Engineer, Landscape Architect, Architect or Ontario Land Surveyor who certifies thereon that the drainage scheme depicted by the plan conforms to Division B - Subsection 9.14.6 of the Building Code. 3.6.2 Where a lot grading plan is required above, an as built lot grading plan shall be submitted within seven (7) months of issuance of the occupancy permit bearing the signature and seal of the chosen professional certifying that the finished elevations and grading of the land conforms with the lot grading plan specified above in Article 3.6.1. 3.7 AS CONSTRUCTED PLANS 3.7.1 On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location(s) of the building(s). - 12 - 3.8 PLANS PROPERTY OF CORPORATION 3.8.1 Plans and specifications furnished according to this by-law or otherwise required by the Building Code and the Act, become the property of the Corporation and will be dealt with, including both disposal and retention, in accordance with relevant legislation and applicable municipal policies and procedures. SECTION 4 REGISTERED CODE AGENCIES 4.1 DELEGATION OF AUTHORITY 4.1 .1 The Chief Building Official is authorized to enter into and sign contracts for service agreements with Registered Code Agencies and appoint them to perform specified functions from time to time, in order to maintain the time periods for permits prescribed in Division C - Article 1.3.1.3 of the Building Code. 4.2 FUNCTIONS OF REGISTERED CODE AGENCY 4.2.1 The Registered Code Agency may be appointed to perform one or more of the specified functions described in Section 15.15 of the Act. SECTION 5 FEES AND REFUNDS 5.1 FEES — SCHEDULE "A" 5.1.1 The Chief Building Official shall determine the required fees for the work proposed, calculated in accordance with Schedule "A" of this by-law and the applicant shall pay such fees. 5.1.2 If a fee cannot be calculated in accordance with Schedule "A", the Chief Building Official shall calculate the fee and the applicant shall pay such fee. 5.1 .3 A permit shall not be issued until the fees thereof have been paid in full. 5.2 REVISIONS TO PERMITS 5.2.1 Where the applicant for a permit makes material changes to plans, specifications or calculations after submission to the Chief Building Official for approval, the Chief Building Official may increase the required permit fee or fees by applying the rates in Schedule "A" to these changes and require payment of such increased fees before the permits or approvals are issued. - 13 - 5.2.2 Where the applicant for a permit makes material changes to plans, specifications or calculations after a permit is issued, the Chief Building Official may request an additional permit fee or fees by applying the rates in Schedule "A" to those changes and require payment of such additional fees before the occupancy permit is issued. 5.3 PLANS EXAMINATION 5.3.1 The initial plans examination of a complete application, as well as the preparation of the plans examination report shall be included as a component of services provided for the permit fee as identified in Schedule "A" of this by- law. 5.3.2 In addition to the initial plans examination of a complete application as identified above, a single follow up plans examination with regard to addressing items identified in the plans examination report shall also be included as a component of services provided for the permit fee as identified in Schedule "A" of this by-law. 5.3.3 Notwithstanding subsections 5.3.1 and 5.3.2, any subsequent plans examination review beyond those identified as included in the permit fee shall be subject to a secondary plans review fee based on a rate per hour of plans examination beyond those provided for in the cost of the permit. This additional hourly rate shall be calculated by the Chief Building Official in accordance with the fee established in Schedule "A" of this by-law. 5.4 CONDITIONAL PERMITS 5.4.1 Where the applicant for a permit requests and is granted a conditional permit, additional fees shall be applicable as detailed in Schedule "A" to this by-law. 5.4.2 The granting of a conditional permit requires the applicant to enter into a Conditional Permit Agreement with the City to ensure that the interests of both parties are appropriately captured. 5.4.3 In addition to the additional fees described above in subsection 5.4.1 for a conditional permit, a security deposit shall also be required as part of the Conditional Permit Agreement in an amount as detailed in Schedule "A" to this by-law. 5.5 BUILDING WITHOUT A PERMIT 5.5.1 Any person or Corporation who commences construction, demolition or changes the use of a building before receiving a permit to commence such work, shall in addition to any other penalty under the Act, Building Code or this by-law pay an additional fee equal to 100% of the amount calculated as the full permit fee for the entire project in order to compensate the City for the additional work incurred by such early commencement of work. - 14- 5.5.2 Where a project receives multiple partial permits, the additional fee described above shall be based on the overall permit fee and will not exceed $10,000 per occurrence for each state of construction. 5.5.3 The additional fee outlined in this Section shall not relieve any person or other corporate entity from complying with the Building Code and other applicable law or from any penalty prescribed by the Act, for commencing construction prior to obtaining a permit. 5.6 LIMITING DISTANCE AGREEMENTS 5.6.1 Where the applicant for a permit requests entering into a Limiting Distance Agreement, additional fees shall be applicable as detailed in Schedule "A" to this by-law. 5.7 REFUNDS 5.7.1 Where there is a written request for a refund of permit fees paid due to the withdrawal of an application, the abandonment of all or a portion of the work, refusal of a permit or the noncommencement of any project, the Chief Building Official shall determine the amount of paid permit fees that may be refunded to the applicant, if any, in accordance with Schedule "A" of this by- law. 5.7.2 Fees collected for Administrative fees as detailed in Schedule "A" to this by- law shall not be refundable. 5.7.3 Notwithstanding subsection 5.7.1, no refund will be made which shall result in the retention by the City of a sum less than the minimum permit fee payable as detailed in Schedule "A" to this by-law. SECTION 6 INSPECTIONS 6.1 NOTICE REQUIREMENTS 6.1.1 The permit holder shall notify the Chief Building Official or a Registered Code Agency, where one is appointed, of each stage of construction for which a mandatory notice is required under Division C — Subsection 1.3.5 of the Building Code. 6.1 .2 The permit holder shall provide the notice of completion as prescribed by Section 11 of the Act, or where occupancy is required prior to completion, notice of inspection to ensure that the requirements of Section 11 of the Act and Division C — Subsection 1.3.3 of the Building Code are complied with. - 15 - 6.1.3 A notice pursuant to this part of the by-law is not effective until notice is actually received by the Chief Building Official or the Registered Code Agency, if one is appointed. 6.1.4 Notice shall be deemed to have been received when the Chief Building Official makes a written or electronic record of the request for inspection. 6.1.5 Upon receipt of proper notice, the inspector or Registered Code Agency, if one is appointed, shall make a written or electronic record of the time notice is received and undertake a site inspection of the building to which the notice relates, in accordance with the time periods stated in Division C — Article 1.3.5.3 of the Building Code and Section 11 of the Act. 6.2 UNPREPAREDNESS FOR SCHEDULED INSPECTION 6.2.1 A permit holder shall be subject to a fee, as prescribed in Schedule "A" to this by-law, for each inspection which is cancelled less than twenty four (24) hours prior to the time of the scheduled inspection or where an inspection is conducted on work which is not substantially completed as required for the requested inspection. 6.2.2 Inspections may be cancelled and the applicable fee waived where the inspection was cancelled for reasons due to natural causes, at the discretion of the Chief Building Official. 6.2.3 The fees assessed for the instances described in subsections 6.2.1 and 6.2.2 above shall be required to be paid in full prior to the issuance of an occupancy permit and / or the closing of the permit file and the release of any applicable deposits. SECTION 7 ADMINISTRATION 7.1 SEVERABILITY 7.1.1 In the event that any provision of this by-law is declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the remaining provisions of the by-law. 7.2 CHIEF BUILDING OFFICIAL DISCRETION 7.2.1 The Chief Building Official may waive the requirements of Part 2 or Schedule "B" of this by-law with respect to any particular applications. 7.2.2 Where the Chief Building Official exercises his discretion as set out in this section, the requirements of this by-law are deemed to be modified accordingly. - 16- 7.3 BY-LAWS TO BE REPEALED 7.3.1 By-law Nos. 2007-33 and 2013-158 of The Corporation of the City of Niagara Falls, and any amendments made thereto, are hereby repealed. 7.4 DATE OF ENACTMENT 7.4.1 This by-law shall come into force and effect on January 1, 2014. Passed this tenth day of December, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013 Second Reading: December 10, 2013 Third Reading: December 10, 2013 Schedule "A" By -law No. 2013 -XX SECTION 1 FEE CALCULATION 1.1 FORMULA 1.1.1 Permit fees shall be calculated based on the formula given below, unless otherwise specified by this Schedule. Permit Fee = Prescribed Fee x Area Where the prescribed fee is that specified in the schedule for the classification of the proposed work; and Where Area is the calculated gross floor area of the proposed work (sq. ft. or sq. m) for each class of permit. 1.2 MINIMUM PERMIT FEE 1.2.1 A minimum permit fee of $150.00 shall be charged for all work, unless an otherwise indicated or prescribed "flat fee" has been assigned within the table. 1.2.2 The minimum permit fee shall be a non - refundable fee. SECTION 2 PERMIT FEES 2.1 NEW CONSTRUCTION AND ADDITIONS GIIass of Permit Permit Fee per m2 Jan. 1, 2014 Jul. 1, 2014 Jan. 1, 2015 Jul. 1, 2015 Jan. 1, 2015.8 Beyond Group A — Assembly Occupancies School, Church, Restaurant over 30 Seats, Library, Theatre, Educational or Recreational Facility and occupancies of a similar nature $16.04 $16.52 $17.01 $17.52 $18.05 Casino $26.01 $26.79 $27.59 $28.42 $29.27 -2- Class of Permit Permit Fee per m2 Jan. 1, 2014 Jul. 1, 2014 Jan. 1, 2015 Jul. 1, 2015 Jan. 1, 2016 & Beyond Group B - Institutional Occupancies Hospital, Nursing Home, Reformatory, Prison and occupancies of similar nature $16.04 $16.52 $17.01 $17.52 $18.05 Group C - Residential Occupancies Single Detached, Semi - Detached, Duplex Dwellings $10.43 $10.75 $11.07 $11.40 $11.74 Triplex, Fourplex, Townhouse Dwellings $9.91 $10.21 $10.51 $10.83 $11.15 Additional fee for Finishing Basement $3.05 $3.14 $3.23 $3.33 $3.43 Apartment Building $9.70 $9.99 $10.29 $10.60 $10.92 Hotel / Motel / Bed & Breakfast $16.04 $16.52 $17.01 $17.52 $18.05 Group D - Business and Personal Service Occupancies Office or Medical Building, Financial Institution and occupancies of similar nature Finished $16.04 $16.52 $17.01 $17.52 $18.05 Architectural Shell $12.83 $13.22 $13.62 $14.02 $14.44 Group E - Mercantile Occupancies Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or Less, and occupancies of similar nature Finished $13.05 $13.44 $13.84 $14.26 $14.69 Architectural Shell $10.44 $10.76 $11.08 $11.41 $11.76 -3- Class of Permit Permit Fee per m2 Jan. 1, 2014 Jul. 1, 2014 Jan. 1, 2015 Jul. 1, 2015 Jan. 1, eyo & Beyond Group F - Industrial Occupancies Factory, Plant, Warehouse, Industrial Building and occupancies of similar nature $6.36 $6.55 $6.74 $6.94 $7.15 Offices in Industrial Building $11.95 $12.31 $12.68 $13.06 $13.45 Parking Garage $4.56 $4.70 $4.84 $4.99 $5.14 Service Station, Car Wash $10.89 $11.21 $11.55 $11.90 $12.25 Accessory Structures to Group C - Residential Occupancies Attached Garage / Carport $8.15 $8.39 $8.64 $8.90 $9.17 Other Accessory Buildings (detached garage / carport, shed) $3.36 $3.46 $3.56 $3.56 $3.78 Covered Deck / Porch $2.97 $3.06 $3.15 $3.24 $3.34 Uncovered Deck / Porch $150 flat fee Sunroom / Solarium $8.15 $8.39 $8.64 $8.90 $9.17 Special Categories / Designated Structures Agricultural Building (barn, greenhouse) $3.20 $3.30 $3.40 $3.50 $3.61 Air Supported Structure, Tent, Temporary Fabric Structure (use aggregate area for multiple tents) Under 250 m2 $150 250 m2 or more $1.35/m2 -4- Class of Permit Permit Fee per m2 Conversion of interior of existing building to Casino $13.89 Signs Under 10 m2 $150 flat fee 10 m2 or more $300 flat fee Trailer (Construction trailer, sea container) $200 flat fee Relocatable Building / Portable (support structure included) $475 flat fee Communication Tower $225 flat fee Unenclosed Public Swimming Pool / Spa (Pool or Spa Only) $475 flat fee Wind Turbine Structure / On Ground Solar Collector $350 flat fee Roof Mounted Solar Panels $250 flat fee Other Designated Structure as listed in Division A 1.3.1.1 of the Building Code $250 flat fee Mobile Homes CSA Certified Mobile Home (foundation not included) $250 flat fee Uncertified Mobile Home (foundation included) $6.24 Mobile Home Foundation $1.79 -5- 2.2 ALTERATIONS AND REPAIRS Class of Permit Permit Fee per m2 Group A — Assembly Occupancies Including plumbing AND mechanical $10.72 Including plumbing OR mechanical $9.83 Excluding plumbing AND mechanical $8.94 Group B — Institutional Occupancies Including plumbing AND mechanical $10.83 Including plumbing OR mechanical $9.93 Excluding plumbing AND mechanical $9.03 Group C — Residential Occupancies Including plumbing AND mechanical $6.68 Including plumbing OR mechanical $6.13 Excluding plumbing AND mechanical $5.57 Foundation Only $2.70 -6 Class of Permit Permit Fee per m2 Group D — Business and Personal Service Occupancies Including plumbing AND mechanical $10.09 Including plumbing OR mechanical $9.25 Excluding plumbing AND mechanical $8.41 Group E — Mercantile Occupancies Including plumbing AND mechanical $8.36 Including plumbing OR mechanical $7.67 Excluding plumbing AND mechanical $6.97 Group F — Industrial Occupancies Including plumbing AND mechanical $7.65 Including plumbing OR mechanical $7.02 Excluding plumbing AND mechanical $6.38 General Alterations — All Classifications Roof Structure (replace, modify or alter structure) $1.75 Installation of drainage layer and weeping tile system $200 flat fee Minor Alteration (not requiring plans) $150 flat fee - 7 - 2.3 DEMOLITION Class of Permit Permit Fee per m2 Buildings less than 275m2 in gross floor area $150 flat fee All other demolitions $0.29 2.4 MISCELLANEOUS WORKS Class of Permit Permit Fee per m2 Underpinning (per linear metre) $29.00 Stages (Temporary) $275 flat fee Demising Wall / Party Wall Installation $150 flat fee Fireplace / Woodstove $150 flat fee Commercial Kitchen Hood & Fire Suppression System $275 flat fee Fire Alarm System Upgrades / Installations $275 flat fee Sprinkler and / or Standpipe System Upgrades / Installations $275 flat fee - 8 - 2.5 CONDITIONAL / PARTIAL PERMITS Class of Permit Permit Fee Building Foundation Complete to grade, including all underground services 15% Completed Structural Shell Complete exterior shell without any interior finishes 55% Complete Architectural Shell Complete exterior shell including interior finishes on exterior and structural walls 80% Complete Building Includes all tenant improvements and complete interior finish 100% 2.6 PLUMBING AND SEWER 2.6.1 Construction work related to plumbing and sewer installation when conducted as a component of other construction covered by a permit shall be included in the permit fee charged for that construction. 2.6.2 Where plumbing or sewer works are done as standalone projects the following fees shall be applicable: -9- Class of Permit Permit Fee Single, Semi - Detached, Duplex, Triplex, Fourplex, Row House All plumbing contained inside of a building First seven (7) fixt. $100 flat fee Each additional fixt. $8 /fixture All Other Buildings All plumbing contained inside of a building First five (5) fixt. $200 flat fee Each additional fixt. $8 /fixture Sewer & Water Main Installation All buried piping on private property outside of a building First 15m $100 flat fee Each additional 15m $35 flat fee Backflow Preventer installation $150 flat fee Back Water Valve installation $150 flat fee Sump Pit installation (weeping tile installation included) $200 flat fee Grease / Oil Interceptor installation $200 flat fee - 10 - 2.7 OTHER FEES Class of Permit Permit Fee Administration Conditional Building Permit Agreement (in addition to permit fees) Not registered $1,500 Registered on title $2,000 Transfer of Permit $150 Moving a Building $100 Deferral of Permit Revocation $100 Building / Property / Zoning Report $100 Compliance Letter $200 Liqour Licence Inspection Report $150 Limiting Distance Agreements Registered on title $1,000 Permits Change of Use Permit Under 400 m2 $150 flat fee 400 m2 or more $0.761m2 No const. required $75 flat fee Partial Occupancy Permit for an unfinished building $150 flat fee Class of Permit Permit Fee Inspections Non Routine Inspection $75 /hour Off Hours Inspection $150 /hour Unprepared for Inspection $75 Plans Examination Stock Plans Review (model plans reviewed without building permit application) $350 Off Hours Plans Examination Requests (minimum 4 hrs) $125 /hour Review of Alternative Solution Submission (minimum 4 hrs) $125 /hour Secondary Plans Review $75 /hour Review of Revisions / Amendments to Permits $100 /hour 2.8 FEES BASED ON VALUE OF CONSTRUCTION 2.8.1 For categories of construction not listed above, the permit fee shall be calculated at a rate of $15.00 for each $1,000.00 of valuated construction cost, or portion thereof. The minimum permit fess identified in subsection 1.2 of this Schedule shall apply. - 12 - SECTION 3 DEPOSITS 3.1 PERFORMANCE I SECURITY 3.1.1 The performance / security deposit is collected by the City to provide securities for any potential damage that may occur to municipal property through the course of the permitted construction. Furthermore, the deposit is also held for the assurance that all necessary inspections are completed throughout the duration of construction and finally to ensure that the permit file can be appropriately closed at the conclusion of the works. 3.1.2 Except as provided for in Article 4.1.3, an applicant shall be required to submit the applicable deposit(s) as specified below for each permit application submitted. 3.1.3 Where an applicant regularly submits more than seven (7) building permit applications per year, the applicant shall be eligible to submit a multiple permit deposit as specified below which, in turn, would exempt the applicant from the submission of the single permit deposits as required by Article 4.1.2. 3.1.4 In the case of single permit deposits: (1) where fees are incurred by the applicant through the course of the construction process, these fees shall be deducted from the submitted deposit; and (2) upon the close of the permit, any deposit funds remaining will be refunded to the applicant. 3.1.5 In the case of multiple permit deposits: (1) where fees are incurred by the applicant through the course of the construction process, these fees shall be deducted from the submitted deposit; (2) upon the submission of permit applications, the value of the multiple permit deposit shall be validated and where the remaining deposit does not satisfy the full value as required below, the difference shall be submitted with the permit application submission as a component of a complete application. (3) where the applicant wishes to withdraw the value of the multiple permit deposit, written notification shall be submitted to the Chief Building Official and any deposit funds remaining will be refunded to the applicant. - 13 - 3.1.6 In the case of a conditional building permit the applicant shall submit a conditional building permit deposit which shall be calculated by the Chief Building Official to be a percentage of the value of construction as prescribed in Article 2.5.1 of this by -law. 3.1.7 The conditional building permit deposit shall be submitted as a condition of a Conditional Building Permit Agreement whereby a limitation of the extent to which the construction permitted can be taken shall be established. 3.1.8 Where an applicant exceeds the limitations set by the Conditional Building Permit Agreement, the Applicant shall be deemed to be in breach of the said agreement and as such the conditional building permit deposit, in its entirety, shall be forfeited to the City. 3.1.9 Forfeiture of the Performance / Security deposit, due to additional administrative or inspection costs, may result in whole or in part when one or more of the following occurs: (1) where the applicant fails to call for a building inspection that is required by the Building Code and identified through the permit process; (2) when a dwelling is occupied prior to the issuance of an occupancy permit or approval of occupancy of an unfinished building; or (3) where more than five (5) years has lapsed from the date of the last documented inspection. Class of Permit Deposit Single Permit Deposit detached dwelling, semi - detached dwelling, duplex, triplex, fourplex, townhouse (per dwelling) $1,000 Multiple Permit Deposit detached dwelling, semi - detached dwelling, duplex, triplex, fourplex, townhouse $10,000 - 14 - Class of Permit Permit Fee Other Permit Deposits Addition(s) to buildings described above where excavation is required $750 Miscellaneous construction accessory to the buildings described above with a construction value greater than $3,500 $500 Construction projects other than those described above involving buildings or additions where a Site Plan Agreement IS required $1,250 Construction projects other than those described above involving buildings or additions where a Site Plan Agreement IS NOT required $2,500 Demolition Project $750 Moving a Building $1,000 Conditional Building Permit Deposit 10% of Const value 3.2 LOT GRADING Class of Permit Deposit Any type of dwelling in a plan of subdivision that has NOT already been assumed by the City. (per dwelling) $1,000 Any type of dwelling proposed to be placed on an infill lot (per dwelling) $1,500 -15- SECTION 4 REFUNDS 4.1 FEES 4.1.1 Pursuant to Subsection 5.7 of this by -law, the fees that may be refunded shall be a percentage of the applicable fees assessed by this Schedule of Fees, calculated by the Chief Building Official as follows: Stage of Permit Refund Where only administrative functions have been completed (application received, cost analysis complete and application is entered into Building Services Database) 90% Where only administrative and zoning functions have been completed 80% Where administrative, zoning and plans examination functions have been completed 60% Where the permit has been issued and field inspections have yet to be performed, subsequent to permit issuance 50% 4.1.2 If the calculated refund is less than the minimum permit fee applicable to the work as described in Subsection 1.2 of this Schedule, no refund shall be made of the fees paid. 4.1.3 Where a request for refund is made twelve (12) months or more after the issuance of the permit, there shall be no fees refunded to the applicant. 4.2 DEPOSITS 4.2.1 The deposits identified in this Schedule shall be held as security by the City until the work for which the permit has been issued has been completed in accordance with the stipulated requirements of the permit to the satisfaction of the Chief Building Official. The applicant shall be responsible for any damage to municipal property or any restriction and associated costs of any such damage or repair may be deducted by the City in addition to any other available remedy or penalty. - 16 - 4.2.2 Should the cost of repairs exceed the value of the deposit held, the City shall invoice the applicant for the amount in excess of the deposit, and if such invoice is not paid by the stipulated due date, the City may recover the costs by action or by adding the costs to the tax roll of the property to which the permit relates, and collecting them in the same manner as taxes according to Section s.1 (2.1) of the Municipal Act. 4.2.3 Should deposits not be required to be called upon during the duration of the project, they will be released as follows: (1) Lot Grading shall be released upon successful approval of the Final Lot Grading Certificate submitted in accordance with Article 3.6.2 of this by -law; (2) Performance / Security Deposits shall be released upon successful completion of the project in accordance with the approved permit documents which results in a closure of such permit file. 4.2.4 Should deposits not be required to be called upon during the duration of the project, they will be released as follows: (1) Lot Grading shall be released upon successful approval of the Final Lot Grading Certificate submitted in accordance with Article 3.6.2 of this by -law; SECTION 5 EXPLANATORY NOTES 5.1 AREA OF CALCULATION 5.1.1 The area to be used in the calculation of fees shall be the total area of all floors, including those below grade, measured between the outside surfaces of the exterior walls or between the outside surfaces of exterior walls and the centre line of firewalls. Area shall be calculated in square metres (m2) for the purpose of this Schedule. 5.1.2 Where there are no floor or exterior walls for the project, area is to be calculated as the greatest horizontal area of the structure. 5.1.3 No deductions shall be made in the calculation of floor area for openings such as stairs, elevators, shafts or ramps. 5.1.4 Unfinished or unoccupied basements and crawlspaces are not to be included in the calculation of area in fee calculations for new construction and additions. Attached garages are not to be included in the fee calculation for new dwellings. - 17 - 5.2 INTERPRETATION 5.2.1 Major occupancy is based upon the Building Code. 5.2.2 A multiple unit (apartment) building is a building which consists of five (5) or more individual residential units in the same building. 5.2.3 An Alternative Solution is as defined in the Building Code. 5.2.4 The Fee prescribed for an Alternative Solution shall be in addition to any other applicable fee prescribed by this Schedule. Should any additional fees be incurred by the City in relation to the review of such a submission, but not limited to consultant fees, these costs shall be added to the calculated permit fee at 100% of its value. 5.3 DISPUTE 5.3.1 The permit fee shall be determined by the Chief Building Official or designate, on the basis of this Schedule. If the applicant disagrees with the fee so determined, then the prescribed fee shall be paid as a deposit and after the works are complete, a refund shall be made based on the actual work done and inspections performed, at the discretion of the Chief Building Official. Schedule "B" By-law No. 2013-XX SECTION 1 REQUIRED DRAWINGS AND SPECIFICATIONS 1.1 GROUP C OCCUPANCIES 1 .1.1 Unless otherwise specified by the Chief Building Official or stated below, two (2) sets or copies of all required information shall be submitted as part of a complete permit application submission for each residential unit of a Single Detached, Semi-Detached, Triplex, Fourplex, and Townhouse type dwelling. 1.1.2 Required information for works identified in Article 1.1.1 shall include: (1) Site Plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; (b) Drainage; and (c) Site servicing; (2) Architectural drawings and specifications providing: (a) Floor Plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Building sections, minimum one building section and one detailed wall section; (3) Structural drawings and specifications providing for structural framing design(s) where pre-engineered lumber products or engineered designs are proposed for use within the structure of the building; and (4) Mechanical drawings and specifications providing for heat loss/heat gain calculations; 1.1.3 Unless otherwise specified by the Chief Building Official or stated below, two (2) sets or copies of all required information shall be submitted as part of a complete permit application submission for any additions or alterations to a single detached, semi-detached, triplex, fourplex, and rowhouse type dwelling. 1 .1.4 Required information for works identified in Article 1.1.3 shall include: (1) Where the proposed works extend outside of the existing building envelope, site plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; and (b) Drainage; - 2 - (2) Architectural drawings and specifications providing modification to: (a) Floor Plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Where new exterior walls or interior fire separations are to be constructed, building sections, minimum one detailed wall section; (3) Structural drawings and specifications providing for structural framing design(s) where pre-engineered lumber products or engineered designs are proposed for use within the structure of the building; and (4) Where additional interior tempered space is proposed to be added to the existing building, mechanical drawings and specifications providing for modifications to heat loss/heat gain calculations; 1.1.5 Unless otherwise specified by the Chief Building Official or stated below, three (3) sets or copies of all required information shall be submitted as part of a complete permit application submission for all Group C occupancies other than those specified in Article 1.1.1 or Subsection 1.3. 1.1 .6 Required information for works identified in Article 1.1.5 shall include: (1) Site Plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; (b) Drainage; and (c) Site servicing; (2) Geotechnical Investigation Report (two copies only); (3) Architectural drawings and specifications providing: (a) Floor plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Building sections, minimum one building section and one detailed wall section; (d) Architectural details; and (e) Schedules, including window, door and hardware; (4) Structural drawings and specifications providing for: (a) Foundation design(s); (b) Roof design(s); and (c) Structural framing design(s); (5) Mechanical drawings and specifications providing for: (a) Plumbing design(s); (b) HVAC design(s); (c) Sprinkler design(s); and (d) Standpipe design(s); - 3 - (6) Electrical drawings and specifications providing for: (a) General lighting design(s); (b) Emergency and Exit lighting design(s); (c) Fire alarm design(s); and (d) Any other emergency life safety system design(s); 1 .1 .7 Unless otherwise specified by the Chief Building Official or stated below, two (2) sets or copies of all required information shall be submitted as part of a complete permit application submission for any additions or alterations to all Group C Occupancies other than those specified in Article 1.1.1 or Subsection 1.3. 1.1.8 Required information for works identified in Article 1.1.7 shall include: (1) Where the proposed works extends outside of the existing building envelope, site plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; (b) Drainage; and (c) Site Servicing (2) Architectural drawings and specifications providing for modification to: (a) Floor plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Where new exterior walls or interior fire separations are to be constructed, building sections, minimum one detailed wall section; (3) Structural drawings and specifications providing for modification to: (a) Foundation design(s); (b) Roof design(s); and (c) Structural framing design(s); (4) Mechanical drawings and specifications providing for modification to: (a) Plumbing design(s); (b) HVAC design(s); (c) Sprinkler design(s); and (d) Standpipe design(s); (5) Electrical drawings and specifications providing for modifications to: (a) General lighting design(s); (b) Emergency and Exit lighting design(s); (c) Fire alarm design(s); and (d) Any other emergency life safety system design(s); -4- 1.2 GROUP A, B, D, E and F OCCUPANCIES 1.2.1 Unless otherwise specified by the Chief Building Official or stated below, three (3) sets or copies of all required information shall be submitted as part of a complete permit application submission for Group A, B, D, E and F occupancies. 1.2.2 Required information for works identified in article 1.2.1 shall include: (1) Site Plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; (b) Drainage; and (c) Site servicing; (2) Geotechnical Investigation Report (two copies only); (3) Architectural drawings and specifications providing: (a) Floor Plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Building sections, minimum one building section and one detailed wall section; (d) Architectural details; and (e) Schedules, including window, door and hardware; (4) Structural drawings and specifications providing for: (a) Foundation design(s); (b) Roof design(s); and (c) Structural framing design(s); (5) Mechanical drawings and specifications providing for: (a) Plumbing design(s); (b) HVAC design(s); (c) Sprinkler design(s); and (d) Standpipe design(s); (6) Electrical drawings and specifications providing for: (a) General lighting design(s); (b) Emergency and Exit lighting design(s); (c) Fire alarm design(s); and (d) Any other emergency life safety system design(s); 1.2.3 Unless otherwise specified by the Chief Building Official or stated below, three (3) sets or copies of all required information shall be submitted as part of a complete permit application submission for any additions or alterations to all Group A, B, D, E and F Occupancies. - 5 - 1.2.4 Required information for works identified in Article 1.2.3 shall include: (1) Where the proposed works extends outside of the existing building envelope, Site Plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; (b) Drainage; and (c) Site Servicing (2) Architectural drawings and specifications providing for modification to: (a) Floor plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Where new exterior walls or interior fire separations are to be constructed, building sections, minimum one detailed wall section; (3) Structural drawings and specifications providing for modification to: (a) Foundation design(s); (b) Roof design(s); and (c) Structural framing design(s); (4) Mechanical drawings and specifications providing for modification to: (a) Plumbing design(s); (b) I-1VAC design(s); (c) Sprinkler design(s); and (d) Standpipe design(s); (5) Electrical drawings and specifications providing for modifications to: (a) General lighting design(s); (b) Emergency and Exit lighting design(s); (c) Fire Alarm design(s); and (d) Any other emergency life safety system design(s); 1.3 ACCESSORY USES TO GROUP C OCCUPANCIES 1.3.1 Unless otherwise specified by the Chief Building Official or stated below, two (2) sets or copies of all required information shall be submitted as part of a complete permit application submission for structures such as decks, porches and other accessory buildings intended to be used complimentary to a Single Detached, Semi-Detached, Triplex, Fourplex, and Townhouse type dwelling. 1.3.2 Required information for works identified in Article 1.3.1 shall include: (1) Site Plan(s) referenced to a legal plan of survey providing for: (a) Lot grading; and (b) Drainage; - 6 - (2) Architectural drawings and specifications providing: (a) Floor plan(s), minimum one per floor; (b) Elevations, minimum all sides affected by proposed work; (c) Building sections, minimum one detailed wall section; (3) Structural drawings and specifications providing for structural framing design(s) where pre-engineered lumber products or engineered designs are proposed for use within the structure of the building; 1.4 SPECIAL CATAGORIES / DESIGNATED STRUCTURES 1.4.1 Unless otherwise specified below, two (2) sets or copies of all required information determined by the Chief Building Official on a case by case basis shall be submitted as part of a complete permit application submission for the following special categories of construction or designated structures: (1) Agricultural buildings; (2) Air supported structures, tents, temporary fabric structures (three sets); (3) Signs; (4) Trailers / Relocatable buildings; (5) Communication towers; (6) Wind turbine structures, on ground or roof mounted solar panels; and (7) Mobile homes. 1.5 DEMOLITION 1.5.1 Unless otherwise specified by the Chief Building Official or stated below, two (2) sets or copies of all required information shall be submitted as part of a complete permit application submission for the demolition in part or in whole of any building. 1.5.2 Required information for works identified in Article 1.5.1 shall include: (1) Site Plan(s) referenced to a legal plan of survey providing for the location of the building or portion thereof to be demolished; and (2) A description of the structural design characteristics of the building and method of demolition prepared by a professional engineer where deemed necessary by the Chief Building Official and / or the Building Code. -7 - 1.6 MISCELLANEOUS WORKS AND PLUMBING 1.6.1 Unless otherwise specified below, two (2) sets or copies of all required information determined by the Chief Building Official on a case by case basis shall be submitted as part of a complete permit application submission for the following miscellaneous works: (1) Underpinning; (2) Stages (three sets); (3) Demising wall / party wall Installation; (4) Fireplace /wood stove; (5) Commercial kitchen hood & fire suppression system (three sets); (6) Fire alarm system upgrades / installations; and (7) Sprinkler and / or standpipe system upgrades / installations. 1.6.2 Unless otherwise specified below, two (2) sets or copies of all required information determined by the Chief Building Official on a case by case basis shall be submitted as part of a complete permit application submission for the following plumbing installation and / or modification projects: (1) Additions to an existing plumbing system; (2) Backflow preventer installation; (3) Back water valve installation (no drawings required); (4) Sump pit installation (no drawings required); and (5) Grease / oil interceptor installation; SECTION 2 DRAWING REQUIREMENTS 2.1 SITE PLANS 2.1.1 Unless otherwise specified by the Chief Building Official where a site plan is required it shall consist of: (1) Survey property boundaries and dimensions, all building lines, bearing of metes and bounds and compass orientation (legal description); - 8- (2) The location, use, height and dimensions of any existing and proposed building(s) including, but not limited to, front, side and rear yard dimensions and relationships to adjoining property lines, Condominium Corporation lines and buildings, common element lines (where applicable); (3) Relation of buildings and finished grade to existing elevations and storm water drainage control plan on site, where applicable; (4) Location of all fire access routes with regard to the building, including all fire hydrants, Siamese connections, and sources of water supply for firefighting (where applicable); and (5) All existing and proposed parking layouts, retaining walls, swimming pools, accessory buildings and any other such physical additions necessary to the site. 2.1.2 Unless otherwise specified by the Chief Building Official, where a lot grading, drainage and servicing plan is required it shall consist of: (1) The property lines, building location, sidewalks, driveways, curb cuts, swales, all utility services and new/existing service connections; (2) Existing and proposed spot elevations for this project and adjacent properties, slopes of driveways, sidewalks and swales, and direction of drainage flow; and (3) Location of storm water catchment area, catch basins, below grade and above grade utilities and connections into services at property line. 2.2 ARCHITECTURAL DRAWINGS 2.2.1 Unless otherwise specified by the Chief Building Official, where architectural drawings are required they shall consist of: (1) Building Code matrix, foundation and grade details; (2) Each floor plan with exact dimensions of the layout of all proposed areas and identified with room names; (3) All wall thicknesses and type of construction, window and door openings and schedules, elevator, sections and details of all walls, stairs and exits, fire walls, fire separations, shaft and duct openings and other related pertinent information; -9 - (4) Building elevations, cross sections and wall sections showing all floor to floor heights, materials and thickness, etc.; and (5) Specifications where applicable. 2.3 STRUCTURAL DRAWINGS 2.3.1 Unless otherwise specified by the Chief Building Official, where structural drawings are required they shall consist of: (1) All foundation, floor, roof and wall structural elements indicating sizes, shapes and proper locations, and all dead and live design loads and conditions of loading; (2) All reinforced concrete work indicating thickness and strength of concrete, as well as size, spacing, minimum cover and type of reinforcing steel; (3) All lintels, column and beam locations, and their size and snowdrift loading; (4) Where applicable, de-watering report and shoring or pile driving information; (5) Flow control roof drainage declaration to be completed; and (6) Specifications where applicable. 2.4 MECHANICAL AND ELECTRICAL DRAWINGS 2.4.1 Unless otherwise specified by the Chief Building Official, where mechanical drawings are required they shall consist of: (1) All plumbing, heating, ventilation and air conditioning including legends and schedules for compliance with the Building Code; (2) If space permits on drawing submissions for small buildings and dwellings, the information required from sentence (1) can be shown on the same plans as the architectural; (3) All ventilation and fire protection systems required for the installation of commercial cooking equipment; - 10- (4) Sprinkler and standpipe drawings are to include floor plans and riser diagrams to locate the entire system including connections and sprinkler heads as well as hydraulic calculations; and (5) Specifications where applicable. 2.4.2 Unless otherwise specified by the Chief Building Official, where electrical drawings are required they shall consist of: (1) Electrical drawings are to show lighting, emergency lighting, exit signs, fire alarms systems and their legends and schedules for compliance with the Building Code; (2) If space permits on drawing submissions for small buildings and dwellings, the information required from sentence (1) can be shown on the same plans as the architectural; and (3) Specifications where applicable. SECTION 3 REQUIRED FORMS 3.1 APPLICATION FORMS 3.1 .1 The permit application form, provided by the Ministry of Municipal Affairs and Housing shall be used for submission of all applications for a permit. 3.1 .2 The permit for partial occupancy, transfer of permit and change of use application form shall be used by applicants in various types of applications. This form provides applicants with a form to submit the necessary information to the Chief Building Official for submission of applications for consideration for partial occupancy, change of use permits and requests for the transfer of permits. This form replaces the standard building permit application form in the change of use permit process. 3.1.3 The conditional building permit application form shall be used subsequent to the submission of an application for building permit to initiate a request for issuance of a conditional building permit. 3.2 SUPPLEMENTARY DATA FORMS 3.2.1 The Building Permit Supplementary Data form shall be submitted with all applications for a permit. The purpose of the form is to obtain the necessary supplemental data to allow for the issuance of a permit. - 11 - 3.2.2 The Demolition Permit Supplementary Data form shall be submitted with all applications for a permit. The purpose of the form is to obtain the necessary supplemental data to allow for the issuance of a permit. 3.2.3 The Applicable Law checklist shall be completed for each application for permit regardless of type of permit being applied for to provide verification of compliance of the proposed construction with the applicable law requirements of the Building Code. 3.3 COMMITMENT FORMS 3.3.1 The General Review by Architects and Engineers form shall be completed and submitted as part of a complete application for every project where drawings are required by the Building Code to be prepared by an Architect or Engineer. 3.3.2 The Authorized Agent form shall be completed and submitted as part of a complete application where an owner wishes to permit another party to act on their behalf for the purpose of application for permit and administration thereof. 3.3.3 If permitted to be accepted, an applicant shall complete and submit the Acknowledgement of Incomplete Application form to submit an application that does not satisfy the requirements of a complete application. 3.4 ENERGY CONSERVATION FORMS 3.4.1 The Energy Efficiency Design Summary form(s) shall be completed and submitted as a component of a complete application for the applicable type of construction for each application where works are required to satisfy Building Code requirements for energy efficiency. CITY OF NIAGARA FALLS Bylaw No. 2013 - Being a By-law to amend By-law 89-155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By-law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By-law No. 89-155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof 2. By-law No. 2012-129 is hereby repealed upon completion of the 2013 Council schedule. Passed this tenth day of December, 2013. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013 Second Reading: December 10, 2013 Third Reading: December 10, 2013 a T o L W CD pp Nn � r N f6 LL O l--- V M N M >, (E a (1 7 L H `p M O N d N M O C N 0 -) N C R -0 00 W a a mai T O m o D CIS o m e m e N 2 aa> aN Q a = ag O U O U U.! tri O0 N N O0 0 T (6 C O 2 T (6 C U L N Cl to - N E N a T a - m CO vl 00 ^ Cl T CO a LL V 00 l� ^ Cl Cl CO L t C H C ^ Cl N O >. 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Co 0 1 7 a5 CO 00 V ^ ^ N T a3 L1 O r— M ^ ^ N M T CO D Co L M O N Cl M O as N a 6 c -0a O (1) > 0 00 Cl Cl T ca -a a) a) H 00 L-- ^ N N 0 d T O o D v O .c g ¢ m ¢o 0 O N 0 CO Y O M m O r vc ^ e Cl NO >° T ca c 0 U Cl Q\ a_ a > o f6 V 7 V V/ Cl 00 Cl N T C o0 [-- Cl N T N 7 L C N N T N ca N N C O N O 2 a > o c6 o c W C_ a) 2 m ag o = o U 00 0 — Go N c co a C 0 2 o M Cl T f6 a C V_ V/ 0 W 'O M O r Cl N en f a T CO -2 - CO CO M O l� O ^ N N T CO N v ^ ^ N T CO a N 7 L I W tn V ^ ^ N O >„ N m L � c E a) u Ca a r v ^ n M N M 0_ I d d T (6 0 o rn O r m c an a) a) a � a2 O D O U � Cri S '-O M O N Q c O OU N Cr) T CO C 0 2 v) Cl D, ^ 00 T f6 C U CITY OF NIAGARA FALLS By-law No. 2013 - 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 "A" and that Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By-law No. 2002-081 is amended by deleting Schedule"Dl"and that Schedule"Dl" attached hereto shall be inserted in lieu thereof. 3. By-law 2013-137 is hereby repealed. Passed this tenth day of December, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013. Second Reading: December 10, 2013. Third Reading: December 10, 2013. SCHEDULE "A" 1 . Chief Building Official: Jeff Menard 2. Inspectors: Tammy Agnoletto Wayne Allen Louie Baldinelli Luciano Chieca Frank Devereaux Brian Dickson Effat Effat Sandro Elia Kellie Kubik Christel Meyer Carmen Mignelli Belinda Philips Nick Pietrangelo Roger Pigeon Franco Piscitelli Ellen Roupas Fred Sacco Mark Tardif Ben Trendle Ron Waters 3. Property Standards Officers: James Cerminara Brian Sparks SCHEDULE "Dl" FACTORY ONE OUTLET MALL 2. Parking By-law Enforcement Officers on private property: Brandon Cassar Ryan Comeau Enrico Cupiraggi Kristopher Elergodt Nick Galotta Eli Hoffmann Bruce McDonald William McMillan Jose Montoya Curtis Sadloski CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the payment of$3,903,298.48 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 November 7, 2013 to November 22, 2013. Passed this tenth day of December 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013 Second Reading: December 10, 2013 Third Reading: December 10. 2013 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10`h day of December, 2013. 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 10`h day of December, 2013 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this tenth day of December 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 10, 2013 Second Reading: December 10, 2013 Third Reading: December 10, 2013