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2014/12/09 "57"' ASA c CITY OFe .CAMADA -NI4GAR4 FALLS" The City of Niagara Falls, Ontario Resolution December 9, 2014 No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.; and WHEREAS s. 239(7) of the Act mandates that the municipality or local board or a committee of either of them shall record without note or comment all resolutions,decisions,and other proceedings at a meeting of the body whether it is closed to the public or not; and WHEREAS s. 239(8) of the Act requires that the record required by subsection 239(7) shall be made by the Clerk of the Corporation in the case of a meeting of council; and WHEREAS on December 9, 2014 Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(d) and 239(2)(b)of the Act; and WHEREAS one of the matters pertains to labour relations and personal information; and WHEREAS due to the nature of the discussion of the in the Closed Meeting, it is not appropriate for City staff to be in attendance, save the Director of Human Resources("HR"); and WHEREAS s.228(4)of the Act permits the Clerk the discretionary authority to delegate in writing to any person, other than a member of council, any of the clerks powers and duties under the Act. THEREFORE BE IT RESOLVED THAT on December 10, 2013 at 4:00 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider matters that fall under the subject matter of 239(f),advice that is subject to solicitor-client, related to Chippawa flooding matters and City-owned lands known as the former CP Rail right of way and matters that fall under the subject matter of 239(c)a proposed disposition of lands related to the laneway between Buttrey and Ferguson and Hickson and Broughton,and aquisition of lands at 6915 Lundy's Lane and 5628 Montrose Road,and a matter that falls under the subject matters of 239(2)(d), labour relations or employee negotiations, and 238(2)(b), personal information of an identifiable individual. FURTHER BE IT RESOLVED THAT on December 9,2014 the City Clerk, Dean Iorfida, delegates his authority for the purposed of the Closed Meeting to the Director of HR, Trent Dark; and FURTHER BE IT RESOLVED THAT the Director of HR will record without note or comment all recommendations to Council emanating from the Closed Meeting; and FURTHER BE IT RESOLVED THAT the Clerk will resume his duties upon conclusion of the Closed Meeting agenda. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagararalls COUNCIL MEETING December 9, 2014 PRAYER: Mayor Diodati ADOPTION OF MINUTES: Council Minutes of November 11 , 2014 Inaugural meeting of December 2, 2014 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS/ DEPUTATIONS 5:00 P.M. Winter Maintenance Program Representatives from the Municipal Works Department will do a presentation on the Winter Maintenance Program. Niagara Falls BMX Proposal Representatives from the Niagara Falls BMX Association on a proposed BMX facility for the municipality. Niagara Parks Commission Janice Thomson, Chair and John Lohuis, General Manager will speak to the Niagara Parks Commission mission, mandate and vision. Niagara Peninsula Conservation Authority Carmen D'Angelo, CAO/Secretary Treasurer of the NPCA will present their Strategic Plan to Council. * * * * * - 2 - REPORTS CD-2014-10 - 2015 Council Meeting Schedule 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-2014-49 - Municipal Accounts F-2014-51 - Approval of Interim 2015 Spending Limits PBD-2014-61 - DOW-2014-006, Commercial Building Grant, 4397-4399 Queen Street, Owner: Yolanda Cserpes, Agent: Attila Cserpes. TS-2014-39 - Downtown BIA Request for 2-hour On-street Free Parking in December * * * * PLANNING MATTERS 7:00 P.M. Public Meeting AM-2014-009, Zoning By-law Amendment Application Lots 33-37, Plan 408, 9275-9311 Shoveller Drive Applicant: 800460 Ontario Limited ( Fred Costabile) Agent: Carmela Agro, Upper Canada Consultants Proposal: Townhouse Development Background Material: Recommendation Report: PBD-2014-57 Public Meeting 26CD-11-2014-003 Plan of Condominium ( Vacant Land) Ironwood Street, Block 98, Plan 59M-408 (Fernwood Subdivision Phase 3) Applicant: 800460 Ontario Ltd. ( Fred Costabile) Agent: Carmine Agro, Upper Canada Consultants Proposed: 29 Unit Vacant Land Condominium Background Material: Recommendation Report: PBD-2014-58 * * * * * - 3 - MISCELLANEOUS PLANNING MATTERS 1 . PBD-2014-60,AM-32/2005, Official Plan and Zoning By-law Amendment Application Chippawa West Phase 2 — Stage 2 Plan of Subdivision Applicant: Queensway Chippawa Properties Inc. (Metrus Developments) Removal of Holding (H) Symbol 2. PBD-2014-59, AM-2010-004, Official Plan and Zoning By-law Amendment Application. Oldfield Plan of Subdivision. Applicant: 800460 Ontario Limited (Fred Costabile) Agent: Eric Henry Removal of Holding (H) Regulations NOTE: John Bacher and Jean Grandoni have requested to speak to the matter. MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Minister of Veterans Affairs - approving funding for restoration of the Krupp M-16 gun at the Armoury/ Niagara Falls Military Museum. RECOMMENDATION: For the Information of Council and Approval of the related Execution Agreement. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. * * * * * RATIFICATION OF "IN CAMERA" MATTERS * * * * * RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2015 Icewine Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. * * * * * - 4 - BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2014-159 A by-law to amend By-law No. 2005-112, being a by-law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster-resilient community. 2014-160 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Metered Areas) 2014-161 A by-law to amend By-law No. 96-50, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2014-162 A by-law to amend By-law No. 2011-68, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands on the north side of Oldfield Road, west of Drummond Road, to allow development on a portion of the Oldfield plan of subdivision (AM-2010-004). 2014-163 A by-law to amend By-law No. 2006-205 to remove the holding symbol (H) on part of the lands east of Tallgrass Avenue, south of Saw Mill Drive and Chemonda Street, to allow development on a portion of the Chippawa West, Phase 2 Plan of Subdivision (AM-32/2005) 2014-164 A by-law to repeal By-law 2009-46, a by-law to require owners of residential dwelling units, hotels and boarding lodging or rooming houses to install and maintain carbon monoxide warning equipment in buildings. 2014-165 A by-law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Props. Inc. respecting Chippawa West Phase II-Stage 2 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. 2014-166 A by-law to amend By-law 98-224, being a By-law to designate an area as an Improvement Area and to establish for such area a Board of Management. 2014-167 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Limited Parking, Stop Signs at Intersections, Designated Lanes) 2014-168 A by -law to hereby authorize the execution of an Ontario Community Infrastructure Fund (OCIF) Formula Contribution Agreement (CA) between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the City of Niagara Falls. 2014-169 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the"Province")to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 2014-170 A by-law to hereby authorize the execution of Contribution Agreement, under the Cenotaph Restoration Program, between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls. 2014-171 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2014-172 A by-law to authorize the payment of $6,343,980.78 for General Purposes. 2014-173 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of December, 2014. * * * * * NEW BUSINESS Dean Iorfida From: Dean Iorfida Sent: Monday, November 24, 2014 3:02 PM To: 'angela vani' Cc: Kathy Moldenhauer; Geoff Holman; Mike Halle; 'jjervis@stcharines.ca' Subject: RE: Making a presentation to council, BMX proposal Angela et al: Would you be available on Tuesday, December 9th to make your presentation to Niagara Falls City Council? The meeting begins at 5:00 p.m. and we would have you present near the beginning of the meeting. Please confirm. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) From: Dean Iorfida Sent: Tuesday, October 14, 2014 10:39 AM To: 'angela vani' Cc: Kathy Moldenhauer; Geoff Holman Subject: RE: Making a presentation to council nov 11 Hi Angela: Thank you for the email. I have some knowledge of your proposal, as I have had some emails with Mike Halle. I would suggest that November 11th would not be an ideal meeting for such a presentation. Depending on the results of the municipal election, at least two, if not more, of the councillors present for the November 11th meeting, will not be returning and, therefore, not be in a position to make budget/funding decisions in 2015. I would suggest that we defer the presentation until the new Council is in place. This will also allow your group more time to work with staff and have a substantive plan that can be presented to Council. Angela, I will contact you when I have the schedule set for the next term of Council. Thanks Dean 1 Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext.4271 905-356-9083 (Fax) From: angela vani [mailto:niagarafallsbmx@gmail.com] Sent: Tuesday, October 14, 2014 10:13 AM To: Dean Iorfida Subject: Making a presentation to council nov 11 Hello Dean, We the Niagara Falls Bmx association would like to make a presentation to council nov 11. The purpose of the presentation is in regards to developing a bmx track at mewburn rd. Could you please let me know asap so I can make arrangements. thanks Angela Vani 905-685-8830 2 301 F.y itakik ti 4 � w - NIAGARA FALLS BMX BMX TRACK PROPOSAL - NIAGARA FALLS ASSOCIATION October 2014 Prepared by: Angela `Dani, Jim Jervis Adam Hendershot, Mike Halle 905-685-8830 niagarafallsbmx@grnail.con, OBJECTIVE Reach as many youths as possible and provide "positive" alternatives which allow for individual and family growth through the sport of Bicycle Motocross (BMX) racing in the Niagara Region. PROPOSAL We wish to propose the construction of a BMX racing track in the City of Niagara Falls. This community is an ideal setting for a BMX track because it is central to the region and easy access for visitors, and has a potential of 29,000 potential participants under the age of 19 from within the region. With this strong demographic and being embedded in the community, we believe that a BMX track will be highly successful with kids of all ages. The track would exist as a non-fee use facility open for all public users during daylight hours, with the exception of organised and sanctioned club events. The track would operate organized events twice weekly, which is typical for most BMX tracks across North America; which would include one (1) race event and one (1) practice. There may also be some larger events which would occur on the weekend (Friday-Sunday)which attract families and riders from all across Ontario, Quebec, and United States, thus increasing revenues for local businesses. BACKGROUND The sport of bicycle motocross (BMX) racing was invented in the 70's by young kids who were imitating their motocross idols. This sport provides people of all ages a positive activity, which promotes competition and good sportsmanship. BMX, by its very nature is an individual sport which involves the entire family. There is no other organized sport which each and every family member; boys, girls, mothers, fathers, can compete at the same event on the same track. It is truly a family activity. The Ottawa BMX Association currently has members ranging in age from 2 h to 60 years old. In BMX "No One Sits on the Bench". Riders compete not only by age but also by proficiency. This allows participants to race others who are of similar age and skill level. The growth of the sport has been phenomenal since BMX racing became an official Olympic event in 2008. It will be showcased at the 2015 Pan Am Games in Toronto and in the 2016 Summer Olympics in Rio de Janeiro, Brazil. The sport is non-polluting, builds health, coordination and character. It can be as competitive or non-competitive as the individual wants to make it. It is an individual (as opposed to team) sport that offers many lessons which can be applied directly to adult life in our competitive society. There are currently 7 Sanctioned tracks in the Ontario Region in the communities Kingston, Gananoque, Ottawa, Napean, Port Elgin, Milton and Chatham. With further track additions in Belleville, Embrun, and London. These tracks are providing BMX racers with exceptional opportunities to learn and compete. Milton BMX is sanctioned by the American Bicycle Association (ABA), which is the world's largest BMX sanctioning body with over 370 tracks and over 70,000 active members in the U.S. and Canada. The OBA has been successfully operating a BMX track at the Milton Track for over 20 years. They have seen our membership grow significantly over the past year. The growth of USA BMX has been impressive, especially in the past several years. In fact, since 1996, USA BMX has doubled in the number of members and the number of sanctioned tracks across North America. This growth is due to the foundation that USA BMX lay over 25 years ago. This foundation of programs and philosophies is still the same today with only a few modifications to meet the needs of a changing society LOCATION In order to create a proper BMX track, we would require land. We have spoken with Geoff Holman Director of Municipal Works and Katharine Moldenhauer Director of Recreation& Culture Department on the size and location of the track. They have suggested the following development site. Mewburn Road Recreational Area (2430 MEWBURN RD) COSTS Like with any sports facility, there are always upfront costs. Below is a list of items and the estimated one-time costs to create a track which is both safe and race ready. The club will make every effort to reduce these costs where possible by working with local businesses, suppliers, attracting sponsors, hosting fundraising events and purchasing used products. Necessary to construct Public Use facility - $15,500 DIRT: $6,000 (potential to receive dirt at no charge) SITE PREPARATION: $2,000 TRACK BUILDING $1,500 (BMX USA will build first track, No charge) WATER ON-SITE: $2,000 USED METAL STORAGE CONTAINER: $3,000 TOOLS: $1,000 Necessary to conduct sanctioned races - $4,900 STARTING GATE: $2,000 STARTING GATE CONTROL: $700 STARTING LIGHTS: $200 PNEUMATIC RELEASE MECHANISM: $800 AIR COMPRESSOR: $300 ANNOUNCING SYSTEM: $500 LAPTOP and PRINTER: $400 Premium Facility capable of hosing Provincial and National caliber Events -$37,800 ASHPHALT: $5,000 ELECTRICITY ON-SITE: $1,000 SECURITY LIGHTING: $300 Bleacher system $5,000 Administration building/Concession $2,000 FENCING AROUND TRACK: $24,500 NEXT STEPS We are seeking the council's approval to start this project. 1. Funding In order to begin track construction and be successful in attracting riders for the 2015 season, the Niagara Falls BMX Association will seek one-time financial support from available grants (Municipal and/Provincial), local businesses and sponsors for the expenses noted above. Once the track is operating with a compliment of members, the annual membership fees and fundraising events will provide sufficient funding to maintain the track. The club and track will be financially self-sustaining, and will not require any on-going funding from the City of Niagara Falls for future years. 2. Marketing The Niagara Falls Bmx Association will attract new members through various methods: I. Host open house events at local Community Centres. II. Post flyers in local bicycle shops; III. Post event notices on free local websites; Social Media IV. Local newspapers 0,4 No v..,........,40 16116111111111P 41101011011111116ser% tei api. zirl, riii*. il Nig im%olik : ,�f I` .0•40,., - - ql#1 I s'''.. — ' .: . , 1111011111 .110, ,,/ , , 4, ii.., ..-- b ,-, A , ' 8 , .- ''S ' N. IS' 110 ai 7 /` airy- 41001t, -- iii:IbLap.p �-- 4:--- . ''' l' ''''- '- :‘'. ) I., poirxrri , SAMPLE BMX TRACK LAYOUTS i. t.,.--- `" .: T . . , F` w I l w•.' • • t a....+rr:— L il 4. IOW al'AP' .9. ' ..V.,° Pilir*V e, '*to 511i. ''' '''''.' , Iir-.. ,,, ..... ,—,'r1 Asi i1111.. i'y ` 441a4114 IA. 'i a BEGINNING ABOUT BMX IH THE . ■ . Somewhere in California during the early ing participants that was not only fair, but 70's, a bunch of kids on modified 20" Sch one which enhanced the competitive nature winn Stingray bicycles went out to a vacant of the very sport itself and still afforded each lot and created a sport of their very own... and every rider the chance to be a winner. BMX. Those kids were probably not even the This need for fairness led the way to the first. The same scene of youthful energy and transfer system, in which the winner of each American resourcefulness was probably go- moto advances to the next round - be it ing on in Nebraska and/or New Jersey. But, quarter, semi or main event. it was the California gathering of nameless 11 pioneers who were recorded on film by Bruce That first step led to a long and continuing Brown's cameras. The resulting motorcycle list of firsts that spell out the very success film. On Any Sunday, would spread the word of the sanction today. BMX racing is a sport like a wildfire. There was no stopping it now. of youthful achievement and family involve- ment. While the young boy or girl BMX racer A new sport created by kids for kids was develop skills at an individual pace, they are born. Bicycle Motocross was the name it was learning about winning, losing and trying given. That name was quickly shortened to again. The racers family learns that time BMX. It grabbed the attention of thousands spent together in support of the racer and of kids in one short summer. Boys and girls the individual achievement is quality time. on their modified bicycles were seen jam- ming through the dirt emulating their motor- In June of 2011, the ABA purchased the as- cycle motocross heroes. sets of the only remaining sanctioning body in the United States, the National Bicycle The next step was organized racing. By League. At this time, while retaining the 1977, pockets of loosely organized BMX name the American Bicycle Association, a races dotted the nation from coast to coast. decision was made to operate as USA BMX It was time for a national sanctioning body in the United States and BMX Canada in and from out of this need; the American Bi- Canada. cycle Association was created. The American Bicycle Association not only filled that need, USA BMX and BMX Canada now boasts over it completely changed and continues to* 350 sanctioned tracks and 60.000 active shape the future of the sport it serves. The racing members across the United States first step was to create a system of qualify- and Canada. As the largest BMX promoter 6 1L � _ .. ' 1" II , a 0. l i 4 .r , • t7.‘',... r .; H• A2 * 2 ' �.'41� w,. A r a.:« A _ - • :'• r ,* 0.f .0 411104 I- ApRomOTER AND _ A :,. s • BMX was introduced as an Olympic Sport 4, at the 2008 Olympic Summer Games in Beijing, China. • The American Bicycle Association (ABA) i "` was founded in 1977 • r * • The National Bicycle League (NBL) was • i , ,fir—.� _ founded in 1975 ' u.. ' • In 2011, the American Bicycle r Association acquired the assets of the NBL and started operating in the United States as USA BMX and in Canada as J • �' ' imp BMX Canada '� / ! • ! • BMX is recognized by USA Cycling as a 1` ` ,4••, "collegiate" sport and offers a collegiate •t national championship • 60,000 members nationwide ,;,> r s a s ,.��>�l vim•,.-�V�-��"�F.^ e.r, Jt L' Brr aciEE "1mi=m, • Over 350 local BMX racing facilities • Track operator only web site loaded with across the United States and Canada helpful content • Annually sanction over 13,000 events • Full-color monthly membership publication, PULL magazine, going to • USA BMX promotes and manages a over 40,000 households and 10,000 national race series businesses, loaded with information about the local, regional, and national • BMX Canada promotes and manages a BMX scene. national race series • The sanction pays out over $750,000 to • USA BMX and BMX Canada combine for Pro Racers annually a 70+ event regional schedule along with 3 Regional Championship events • The sanction awards over $30,000 annually in college scholarships to • Various levels of racing: Local, District, members State/Provincial, Regional and National • USA BMX and BMX Canada provides • Three classifications in each age class awards for State/Provincial, District, (Novice, Intermediate and Expert) Regional, and National • $5,000,000 liability insurance for local tracks State/Provincial Series • Membership raises over $300,000 • 3,200 Backpacks annually for the Leukemia and • 6,000 Number Plates Lymphoma Society • Comprehensive web sites (usabmx.com District • and bmxcanada.org) which includes 1,700 Jackets detailed local track information as well • 1,200 Medallions as rider information, history of the sport, and more Regional • 300 Jackets • 1,000 Number Plates National • 800 Number Plates • 800 Individual Awards -41 1 . ,„ .„ ::.. F_ ..„ r. i*N _...W 7 / . . . .......,,. f` r Potential Track Operator 5 , , ., .. .., , , 4 LEUKEMIA & LYMPHOMA I . . : SOCIETY' fighting blood cancerso 11 II 4 A I RACE FOR LIFE SERIES It was the summer of For Life" series, with all the proceeds go- 1980, in the State of Michigan; the current ing to the Leukemia & Lymphoma Society to leader in district points was an 11-year-old help find a cure for the kids such as Todd. BMX enthusiast named Todd Kingsbury. Like many kids his age Todd lived and breathed BMX showed that it really cared that year BMX 24 hours a day. However, during this with 130 tracks putting on Race For Life's summer Todd went from winning his mains raising an amazing $223,000. Although to barely making it out of his motos. Some- thing was wrong. to ride and worked harder than anyone for Michigan's "Race For Life" at the Waterford It wasn't until a Michigan State Champion- Oaks BMX track. Todd was to be the honor- ship race in July, that Todd crashed and had ary Race Director for that race and told a to get his arm checked out. Like most BMX reporter, "This might help other people from accidents everything checked out fine but getting it." his arm kept hurting the following week. Af ter getting bumped at school his arm swelled Todd passed away September 13, 1981 up to the size of a grapefruit. The Kings- and was laid to rest in his Powerlite race bury's became real concerned and decided uniform, taking with him a part of the sport Iit was time for a thorough examination. Todd he loved. In his twelve years, Todd touched would spend the next nine days in and out of many parents and racers. He is remembered the hospital, enduring many tests and exams in the hearts of all BMXers each year, as ev- VI. while at the same time dreaming of someday ery sanctioned BMX track holds a "Race For ' becoming a BMX Pro. Life" in hopes of someday, there will be a cure for leukemia and a deserving boy such Finally, the diagnosis was complete. The as Todd can live a full life. doctor explained the disease to Todd and his parents. Todd had Leukemia. Leukemia & Lymphoma Society Todd was now faced with the biggest race of "RACE FOR LIFE" Fund Raising AWARDS his life; his race for life. $5-$19.99 Official"Race For Life"Certificate In July of 1981, when the American Bicycle $20-$49.99 Official"Race For Life"Patch Association staff learned of Todd Kings- bury's diagnosis of leukemia, the "family $50-5249.99 Official "Race For lite"T-shirt like" sport of BMX decided to pitch in and $250-$499.99 Official "Race For life"Jacket help. 1981 would mark the first year that we $500 and over Entry fees to the brands"FREE" would manage the, now traditional, "Race 36 10/7/2014 Rolling With New Trends I Northstar Publishing Search Save $45 Ente, PHe Sprc.al as the coupon oath. to coalar your discount: co,mgrs.Intarrtljt,on,Y.YIt. on your Certified Youth Sport', (CYSA) credential. • Insider Deals • Submit RFPs/Bids • Request Literature • Subscribe Rolling With New Trends Posted on Fegruery n14 Article Author Mike McIntyre In the last decade, "wheel-friendly"parks and plazas have exploded across the country, r whether intended for bikes,skateboards,or both.Skateparks in particular are showing up f R � 1tT; in communities from St.Cloud,Minn.,to Poplar Bluff,Mo.,as more parks departments F realize the benefits of dedicating public space to individualized action-sport activities. f The action-sport landscape now has another under-realized newcomer gaining ground in public parks:sanctioned BMX race tracks. Until recently and much like skateboarding, As the soort has grown. more communities are BMX racing had little public awareness as a"sport,"leading many municipal parks adding departments to assume it appealed only to small groups. But with the Olympics having BMX tracks to Meir parks and recreation facilities. successfully added BMX racing to its docket in the 2008 Beijing Games,awareness—as Photo Courtesy Of:USA well as demand for facilities—is on the rise. BMX From Humble Beginnings BMX, an abbreviation of"bicycle motocross,"got its start in the early 1970s in the birthplace of action sports: Southern California. By 1.977 the American Bicycle Association—now under the name USA BMX—was established as the official sanctioning body for the sport. For the next three decades,particularly as the X Games grew in the late 1990s, the sport became more popular but never rose to a"mainstream"level. "BMX has been a sport of peaks and valleys,"says Nick Adams, Director of Business and New Track Development at USA BMX."It would seem to get its legs and then plateau for several years." Then came the 2008 Olympics. "The advent of BMX in the Olympics has changed the face and culture of the sport,"Adams says. "In addition to the Olympics, BMX is now on college campuses throughout the U.S.,and the amount of new facilities being developed to support this growth has been incredible." Taking Notice Cities and towns across the country are now starting to realize the untapped potential of BMX in their communities—for a number of reasons: httpJ/www.northslarpubs.com/artides/prbhvlling-with-new-trends?session_key=54349159b653b 1/4 10/7/2014 Rolling With New Trends I Northstar Publishing i.Momentum.With more people exposed to the sport,more interest is stirring,particularly for nontraditional sports that appeal to all ages."Parks and recreation directors and city officials see the need for programming that differs from the traditional stick-and-ball sports,"Adams says."Children as young as 2 through adults in their los are racing BMX." 2.Organization.Unlike skateboarding, BMX racing is an organized,competitive activity with a point system, rankings,and a sanctioning body Included in that organization are insurance,administrative support,expert resources,other guidance,and assurance for communities interested in adding a BMX track to their offerings. 3. Revenue.Because BMX racing hinges on competitive events,there is built-in revenue opportunity for track owners and operators.The fees for events and practice time are typically enough to maintain and operate the park,often with some money left over.Added to that are the intangible benefits that hosting larger-scale events at a track can bring—from out-of-towners visiting local businesses and restaurants to increased need for lodging— and these tracks have the potential to be major economic drivers. The City of DeSoto,Texas,recognized this potential when officials set aside funding for a BMX track,Since the Metroplex opened in 1999,the number of hotels in the area has doubled,and the city saw its return on the investment in just a few years. Taking Shape With its reputation and history as a cycling venue,the city of Rock Hill,S.C.,is also seizing the opportunity to become a national hub for BMX racing.Now in construction,the Novant Health BMX Supercross track is transforming an abandoned brownfield site along the city's Riverwalk into only the second Olympic-caliber Supercross track in the U.S.,and the first built specifically for the general public.The Rock Hill track includes a 32-foot-tall starting hill for professional and Olympic training uses,as well as a smaller starting hill for beginners. Built with money from a special tax district established in a 2009 bond as well as a naming-rights contribution from Novant Health, the park joins the award-winning Giordana Velodrome and Rock HillOutdoorCenter in putting the city on the sports-tourism map. Beyond the tourist draw,the city expects the park complex to attract permanent residents as well as serious racers seeking to live near an Olympic-level training facility. A similar effort is in the works in Austin,Texas,where ESPN has relocated the Summer X A rendenng of the new Games for at least the next 4 years.Already home to a freestyle BMX park in downtown Supercross trackonly the second.n the U.S..under Austin,the county saw the potential of capitalizing on the growing link to BMX,putting construction in,Rock Hill forth nearly$3 million for a new,world-class racing track.Owned by the county but S.C. Rendenng Courtesy Of operated by a local nonprofit BMX organization,the new track is also designed to meet Stantec varying skill levels. What's Next? According to the numbers,it doesn't look like interest in BMX will be cooling any time soon. http://www.northstarpubs.com/articies/prb/rolling-with-new-trends?session_key=54349159b653b 2/4 10/7/2014 RollIng With New Trends I Northstar Publishing "We have grown to over 70.000 members,and had 650,000 participants compete in nearly 13,000 events last year,"Adams says. "With these high participation numbers,a self-sustaining program,and turnkey facilities being constructed,BMX racing is no longer a secret." Mike McIntyre is a former expert BMX racer and now principal for the Action Sport Design team at Stantec, who has been designing BMX race tracks for over a decade. Reach him at mike.mcintyreca'stantec.com. Dean Iorfida From: Leanne Cummings <lcummings@niagaraparks.com> Sent: Friday, August 08, 2014 2:34 PM To: Dean Iorfida Subject: RE: Delegation at November City Council Meeting Okay great — thank you! Please consider this our formal request for the first meeting in December. Please advise as to the date once you have finalized the schedule. Thanks Dean! Have a great weekend! Leanne From: Dean Iorfida [mailto:diorfida©niagarafalls.ca] Sent: August-07-14 2:42 PM To: Leanne Cummings Subject: Re: Delegation at November City Council Meeting Hey Leanne: An email like the one below is sufficient! One thing, though: yes, we have a meeting in November but it will be the swan song of the outgoing Council. We're likely to have one December meeting (second Tuesday) with the new Council. Haven't devised the 2015 sked yet. Thanks Dean Sent from my iPhone On Aug 7, 2014, at 2:36 PM, "Leanne Cummings" <Icummings@niagaraparks.com>wrote: Good Morning Dean: Hope you are doing well. I was wondering how Niagara Parks would go about requesting to present to the new City of Niagara Falls Council at a meeting in November? The purpose of the presentation is to simply talk about our mission, mandate, vision, etc... a delegation to talk about Niagara Parks and what we are all about. Let me know when you can... thanks!! Leanne Leanne Cummings Executive Assistant to the Chair & General Manager The Niagara Parks Commission P.O. Box 150, 7400 Portage Road Niagara Falls, Ontario, L2E 6T2 Canada Tel: 905.356.2241 ext. 277 i Mobile: 905.341.3191 Fax: 905.354.6041 i lcummingsniagaraparks.com www.niagaraparks.com <image001.gif5 <image002.gift <image003.gif5 Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Notagarajigt4 www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient(s)named above,and may be legally privileged.If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,disclosure or copying of this communication,or any of its contents is strictly prohibited.If you have received this communication in error,please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. 2 Dean Iorfida From: Conte, Lisa <lconte@npca.ca> Sent: Monday, July 14, 2014 3:42 PM To: Dean Iorfida Subject: FW: REQUEST TO PRESENT TO COUNCIL Ok, Dean, December 9th it is. Let me know if there is anything you require in order to confirm this date as I will include it in Mr. D'Angelo's schedule. Much thanks. Lisa. From: Conte, Lisa Sent: Monday, July 14, 2014 3:18 PM To: 'Dean Iorfida' Subject: RE: REQUEST TO PRESENT TO COUNCIL Thanks Dean. I will advise. From: Dean Iorfida f mailto:diorfida@niagarafalls.caj Sent: Monday, July 14, 2014 3:09 PM To: Conte, Lisa Subject: RE: REQUEST TO PRESENT TO COUNCIL Lisa: Because of the municipal election (October 27th), none in October! November 11th would be the last meeting of this Council term. The first formal meeting of the new term would be December 9th Thanks Dean From: Conte, Lisa [mailto:IconteC©npca.cal Sent: Monday, July 14, 2014 2:55 PM To: Dean Iorfida Subject: RE: REQUEST TO PRESENT TO COUNCIL Dean, Carmen D'Angelo is already booked on these dates. Could you kindly provide me with your October dates? Thanks. Lisa. From: Dean Iorfida [mailto:diorfida©niagarafalls.caj Sent: Friday, July 04, 2014 5:04 PM To: Conte, Lisa Subject: RE: REQUEST TO PRESENT TO COUNCIL 1 Lisa: Our next available meetings are August 12, Sept. 9th and Sept. 23rd. Deputations are held at 7:00 p.m. Let me know what works for you. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext.4271 905-356-9083 (fax) From: Conte, Lisa jmailto:lconteOnpca.cal Sent: Friday, July 04, 2014 5:01 PM To: Dean Iorfida Subject: REQUEST TO PRESENT TO COUNCIL Dear Ms. lorfida: Niagara Peninsula Conservation Authority is requesting that CAO/Secretary Treasurer Carmen D'Angelo, present NPCA's Strategic Plan to Niagara Falls Council members. Kindly advise when this can be accommodated in Council's upcoming agendas. Respectfully, Lisa Conte Administrative Assistant to CAO & Board of Directors Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor, Welland, ON L3C 3W2 Tel. 905-788-3135 Ext. 250 Fax 905-788-1121 lconte@npca.ca www.npca.c The Niagara Peninsula Conservation Authority Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended 2 73 m 0 73 co CD-2014-10 Niagaraaalls December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-10 2015 Council Schedule RECOMMENDATION That Council approve the proposed 2015 schedule; and That Council make a decision regarding the tentative January 13th meeting. EXECUTIVE SUMMARY A proposed 2015 Council schedule is submitted for Council's consideration. BACKGROUND Rule 2 of the Standing Rules of Council (By-law 89-155) state that " ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by-law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. ANALYSIS/RATIONALE The proposed 2015 Council schedule follows the same guiding principles as recent Council schedules: Tuesday meetings on the second and fourth Tuesdays of the month to ensure live, Cogeco coverage and to not conflict with the other Tuesday council meetings in the Region (Welland and Thorold). During the summer months, the meetings are reduced to once a month. As has worked last two years, the 5:00 - 7:00 p.m. portion of the agenda will, for the most part, deal with budget matters, until the budget is approved. Public meetings under the Planning Act will continue to be scheduled for 7:00 p.m. for convenience to the general public. Depending on the volume of the agenda, deputations from members of the public will be scheduled, accordingly, preceding the public meetings. The Council agenda process begins with the Council Review meeting, in which staff vet the proposed reports for the upcoming Council meeting. The Council Review meeting is usually scheduled thirteen (13) days prior to the scheduled Council meeting. As a result, the Senior Staff will not be meeting over the holiday season. A meeting on January 13th could take place for Council to go over the draft Strategic Priorities 2015-2018 and provide additional input to staff, if Council so desires. December 9, 2014 -2 - CD-2014-10 LIST OF ATTACHMENTS The proposed 2015 Council schedule. 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Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2014-49 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $6,343,980.78 for the period October 23, 2014 to November 12, 2014. 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: `_A.., Todd Harri-on, Dire(for of Finance 2--AA}(414) Respectfully submitted: 1 Ken Todd, Chief Administrative Officer Page 1 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATH 378368 29-Oct-2014 MATERIALS 4,015.54 1707021 ONTARIO LTD 378369 29-Oct-2014 MATERIALS 1,882.58 2030688 ONTARIO LTD 378370 29-Oct-2014 LEASES AND RENTS 9,134.16 2081655 ONTARIO LTD o/a DYNACLEAN 378437 29-Oct-2014 SERVICES 1,966.20 2095527 ONTARIO LTD 378371 29-Oct-2014 OCTOBER LICENSE AGREEMENT 1,130.00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 378372 29-Oct-2014 REFUND 1,000.00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 378597 05-Nov-2014 REFUND 500.00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 378849 12-Nov-2014 REFUND 3,750.00 2249419 ONTARIO INC 378373 29-Oct-2014 LEASES AND RENTS 2,260.00 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 378598 05-Nov-2014 SERVICES 195.49 2411757 ONTARIO INC 378850 12-Nov-2014 CONTRACT SERVICES 4,800.00 407 ETR EXPRESS TOLL ROUTE 378599 05-Nov-2014 SERVICES 136.78 407 ETR EXPRESS TOLL ROUTE 378851 12-Nov-2014 SERVICES 64.01 A J STONE COMPANY LTD 378855 12-Nov-2014 MATERIALS 314.26 A N MYER SECONDARY SCHOOL 378608 05-Nov-2014 SERVICES 100.00 ACKER,MARK 378852 12-Nov-2014 MATERIALS 175.00 ACKLANDS GRAINGER INC 378374 29-Oct-2014 MATERIALS 221.66 ADEWUMI,AYO 378853 12-Nov-2014 TRAVEL/MILEAGE 55.62 ADVANCE TOWING 378600 05-Nov-2014 SERVICES 45.25 ADVANCE TOWING 378854 12-Nov-2014 SERVICES 242.95 AECOM CANADA LTD 378601 05-Nov-2014 CONTRACT SERVICES 1,309.28 AECOM CANADA LTD 378375 29-Oct-2014 SERVICES 3,391.38 AFFILIATED CUSTOMS BROKERS LTD 378602 05-Nov-2014 SERVICES 136.18 AIR CARE SERVICES 378376 29-Oct-2014 MATERIALS 616.29 AIRON HVAC 378377 29-Oct-2014 SERVICES 1,506.70 ALBIRG CREATIONS 378591 31-Oct-2014 MATERIALS 390.00 ALFIDOME CONSTRUCTION 378378 29-Oct-2014 MATERIALS 56.50 ALISON'S SPORTS&AWARDS 378379 29-Oct-2014 MATERIALS 16.95 ALISON'S SPORTS&AWARDS 378603 05-Nov-2014 MATERIALS 8.48 ALISON'S SPORTS&AWARDS 378856 12-Nov-2014 MATERIALS 348.04 ALL STAR MECHANICAL PLUMBING&HEATING 378858 12-Nov-2014 CONTRACT SERVICES 3,900.00 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 378380 29-Oct-2014 MATERIALS 690.79 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 378604 05-Nov-2014 MATERIALS 611.31 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 378857 12-Nov-2014 MATERIALS 139.30 AMALGAMATED TRANSIT UNION#1582 378605 05-Nov-2014 PAYROLL REMITTANCE 3,108.30 AMEC ENVIRONMENT&INFRASTRUCTURE 378859 12-Nov-2014 SERVICES 16,226.77 ANGELONE,ANNE 378606 05-Nov-2014 ADMINISTRATIVE 100.00 ANGER,JEFF 378607 05-Nov-2014 MATERIALS 135.59 ANTHONY'S EXCAVATING CENTRAL INC 378381 29-Oct-2014 CONTRACT SERVICES 17,085.60 ANTONIO,BREANNA 378860 12-Nov-2014 TRAVEUMILEAGE 82.62 ANTONSEN,DAVID 378861 12-Nov-2014 TRAVEUMILEAGE 352.08 APPLIED GEOLOGICS INC 378382 29-Oct-2014 SERVICES-IMPLEMENTATION SER' 1,511.94 ARCHER TRUCK CENTRE WELLAND LTD 378862 12-Nov-2014 MATERIALS 462.87 ARCHER TRUCK CENTRE WELLAND LTD 378609 05-Nov-2014 VEH ID#680 283.65 ARCHER TRUCK SERVICES LTD 378383 29-Oct-2014 MATERIALS 1,137.90 ARIVA 378384 29-Oct-2014 MATERIALS 1,880.95 ARMSTRONG,KATHLEEN 378385 29-Oct-2014 REFUND 83.61 ARMSTRONG,SHERI 378610 05-Nov-2014 ADMINISTRATIVE 75.00 ARTISTA DESIGN&PRINT INC 378386 29-Oct-2014 MATERIALS 1,101.75 ASSOCIATED ENGINEERING(ONT)LTD 378387 29-Oct-2014 CONTRACT SERVICES 452.00 ASSOCIATED ENGINEERING(ONT)LTD 378863 12-Nov-2014 SERVICES 16,142.17 ASTRO TRANSMISSION LTD 378864 12-Nov-2014 REFUND 750.00 ATTENBOROUGH,DEBRA 378611 05-Nov-2014 ADMINISTRATIVE 100.00 B&B LIFT TRUCK SERVICE 378867 12-Nov-2014 MATERIALS 603.49 BAILEY,LYNDA 378612 05-Nov-2014 ADMINISTRATIVE 100.00 BAKER 378613 05-Nov-2014 MATERIALS 1,628.92 BAKER 378865 12-Nov-2014 MATERIALS 546.37 BANKS,LYNNE 378614 05-Nov-2014 ADMINISTRATIVE 75.00 BARRY,REBECCA 378388 29-Oct-2014 REFUND 154.28 BATTLEFIELD EQUIPMENT RENTALS 378389 29-Oct-2014 MATERIALS 765.89 BATTLEFIELD EQUIPMENT RENTALS 378866 12-Nov-2014 MATERIALS 200.33 BEAM,JOHN 378615 05-Nov-2014 ADMINISTRATIVE 200.00 BEAUCOCK,MILDRED 378869 12-Nov-2014 REFUND 750.00 BELL CANADA 378871 12-Nov-2014 ADMINISTRATIVE 752.11 BELL CANADA 378390 29-Oct-2014 SERVICES 80.80 BELL CANADA 378392 29-Oct-2014 SERVICES 18,025.42 BELL CANADA-PUBLIC ACCESS 378870 12-Nov-2014 SERVICES 113.00 BELL,CHRISTIAN 378616 05-Nov-2014 ADMINISTRATIVE 100.00 BELLI,JOHN 378617 05-Nov-2014 REFUND 750.00 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 378618 05-Nov-2014 MATERIALS 11,072.87 BERKHOUT,DAN 378619 05-Nov-2014 MATERIALS 150.00 BERNAT,CLARK 378620 05-Nov-2014 TRAVEL/MILEAGE 97.20 BERTIE PRINTERS LIMITED 378872 12-Nov-2014 MATERIALS 1,577.48 I Page 2 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BIASUCCI,CHRIS 378621 05-Nov-2014 ADMINISTRATIVE 100.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 378393 29-Oct-2014 MATERIALS 599.01 BICKLE MAIN INDUSTRIAL SUPPLY INC 378622 05-Nov-2014 MATERIALS 1,553.75 BICKLE MAIN INDUSTRIAL SUPPLY INC 378873 12-Nov-2014 MATERIALS 77.97 BIGGARS KEY SHOP 378874 12-Nov-2014 MATERIALS 57.77 BILODEAU,MATHEW 378875 12-Nov-2014 TRAVEL/MILEAGE 143.10 BIRD,JOURDAN 378623 05-Nov-2014 TRAVEUMILEAGE 57.30 BITNER,LAURIE 378624 05-Nov-2014 ADMINISTRATIVE 75.00 BOB ROBINSON&SON CONSTRUCTION 378625 05-Nov-2014 CONTRACT SERVICES 836.20 BOB ROBINSON&SON CONSTRUCTION 378876 12-Nov-2014 CONTRACT SERVICES 27,378.81 BOISVERT,SCOTT 378877 12-Nov-2014 REFUND 301.31 BOMPAT,MARK&SHEILA 378394 29-Oct-2014 REFUND 113.87 BOOT SHOP THE 378878 12-Nov-2014 MATERIALS 734.50 BOYLE,PEGGY 378626 05-Nov-2014 ADMINISTRATIVE 75.00 BOYS&GIRLS CLUB OF NIAGARA 378395 29-Oct-2014 GRANT 16,066.66 BREAK A WAY CONCESSIONS 378396 29-Oct-2014 MATERIALS 826.88 BRINKS CANADA LTD 378879 12-Nov-2014 MATERIALS 345.22 BRINKS CANADA LTD 378397 29-Oct-2014 SERVICES 2,636.99 BRINKS CANADA LTD 378627 05-Nov-2014 SERVICES 462.61 BROCHU,MARK 378398 29-Oct-2014 MATERIALS 158.20 BROCK FORD LINCOLN 378399 29-Oct-2014 MATERIALS 2,075.35 BROCK FORD LINCOLN 378880 12-Nov-2014 MATERIALS 166.00 BROCK UNIVERSITY FINANCIAL&ADMINISTRATIVE SERVICES 378400 29-Oct-2014 MATERIALS 2,260.00 BROWN,KRISTEN 378628 05-Nov-2014 TRAVEL/MILEAGE 68.58 BRYCE.ANDREW 378629 05-Nov-2014 ADMINISTRATIVE 75.00 BURDON,JEFF 378630 05-Nov-2014 MATERIALS 200.00 BURGOYNE,JIM 378631 05-Nov-2014 MATERIALS 172.88 BURKE GROUP-THE 378402 29-Oct-2014 SERVICES 180.80 BUSINESS EDUCATION COUNCIL OF NIAGARA 378403 29-Oct-2014 REFUND 104.62 BUTYNIEC,DAVE 378881 12-Nov-2014 TRAVEUMILEAGE 89.64 C.H.SAWYER LTD 378901 12-Nov-2014 SERVICES 678.00 C.M.EQUIPMENT ONTARIO INC 378903 12-Nov-2014 VEH ID#404 421.35 CABCON CONTRACTING LTD 378404 29-Oct-2014 REFUND 1,500.00 CAFFARELLI,JOAN DAWN 378882 12-Nov-2014 REFUND 1,159.29 CALAGUIRO,DOMENIC 378632 05-Nov-2014 REFUND 500.00 CAMPBELL,CAREY 378634 05-Nov-2014 ADMINISTRATIVE 75.00 CAMPBELL,HELGA 378635 05-Nov-2014 ADMINISTRATIVE 100.00 CAMPBELL,WAYNE 378633 05-Nov-2014 ADMINISTRATIVE 100.00 CANADA PRO PLUMBING 378405 29-Oct-2014 WRAP2013-141 580.00 CANADIAN DOOR DOCTOR 378406 29-Oct-2014 SERVICES 141.25 CANADIAN LINEN&UNIFORM 378636 05-Nov-2014 CONTRACT SERVICES 863.59 CANADIAN LINEN&UNIFORM 378885 12-Nov-2014 CONTRACT SERVICES 473.97 CANADIAN SAFETY EQUIPMENT INC 378886 12-Nov-2014 MAINTENANCE/REPAIRS 2,977.08 CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE 378884 12-Nov-2014 MATERIALS 3,010.21 CANESTRARO,J US DRAFT 03-Nov-2014 FIRE TRAINING EXP 274.74 CAREY,MIKE 378408 29-Oct-2014 REFUND 28.48 CAROLINE'S CARICATURES 378407 29-Oct-2014 MATERIALS 250.00 CARQUEST 378887 12-Nov-2014 MATERIALS 239.79 CARQUEST 378409 29-Oct-2014 MATERIALS 31.05 CARRICK,MARZENNA 378888 12-Nov-2014 TRAVEL/MILEAGE 149.04 CARTER,HUGH 378890 12-Nov-2014 REIMBURSEMENT FOR ONTARIO C( 135.60 CARUSO,TONY 378637 05-Nov-2014 ADMINISTRATIVE 100.00 CATARACT COLLISION CENTRE 378891 12-Nov-2014 SERVICES 649.75 CATHERWOOD,MARIANNE 378411 29-Oct-2014 TRAVEL/MILEAGE 67.50 CATTON,RAYMOND 378892 12-Nov-2014 REFUND 89.42 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 378412 29-Oct-2014 REFUND 365.58 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 378639 05-Nov-2014 REFUND 32.45 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 378894 12-Nov-2014 REFUND 522.90 CENTRAL COMMUNICATIONS 378638 05-Nov-2014 SERVICES 485.90 CERIDIAN CANADA LTD 378640 05-Nov-2014 CONTRACT SERVICES 1,874.45 CFMS-WEST CONSULTING INC 378895 12-Nov-2014 SERVICES 4,520.00 CHAMBER OF COMMERCE NIAGARA FALLS 378896 12-Nov-2014 MATERIALS 500.00 CHARLES JONES INDUSTRIAL LTD 378413 29-Oct-2014 MATERIALS 1,148.53 CHARLES JONES INDUSTRIAL LTD 378641 05-Nov-2014 MATERIALS 380.76 CHARLES JONES INDUSTRIAL LTD 378897 12-Nov-2014 MATERIALS 2,076.26 CHEVY LANE FABRICATIONS 378898 12-Nov-2014 MATERIALS 3,220.50 CHIECA,LUCIANO 378414 29-Oct-2014 TRAVEL/MILEAGE 67.56 CHIPPAWA LIONS CLUB 378642 05-Nov-2014 ADMINISTRATIVE 150.00 CHITUSSI,ADAM JOHN 378899 12-Nov-2014 REFUND 750.00 CHRIS TURNER ASSOCIATES INC 378416 29-Oct-2014 SERVICES 6,076.58 CHRIST CHURCH 378643 05-Nov-2014 ADMINISTRATIVE 150.00 CHRISTIAN,RILEY 378900 12-Nov-2014 REFUND 89.91 CIAMPANELLI,JOSEPH 378902 12-Nov-2014 REFUND 500.00 CIBC RETAIL OPERATIONS 378644 05-Nov-2014 REFUND 89.16 Page 3 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount CIT FINANCIAL LTD 378417 29-Oct-2014 MATERIALS 1,796.70 CITY OF ST CATHARINES 378419 29-Oct-2014 CENTRAL WEST MUNICIPAL LAW DE 30.00 CITY PARENT 378418 29-Oct-2014 MATERIALS 1,118.70 CLEVER DEVICES LTD 378645 05-Nov-2014 SERVICES 13,140.97 CLUB ITALIA ORDER OF SONS OF ITALY 378646 05-Nov-2014 ADMINISTRATIVE 565.00 C-MAX FIRE SOLUTIONS 378647 05-Nov-2014 VEH ID#571 356.29 CODE 4 FIRE&RESCUE INC 378904 12-Nov-2014 MATERIALS 7,107.20 COGECO CABLE CANADA LP 378420 29-Oct-2014 SERVICES 847.50 COMMERCIAL DIGITAL PRINT INC 378421 29-Oct-2014 MATERIALS 80.23 COMMISSIONAIRES 378422 29-Oct-2014 CONTRACT SERVICES 15,418.09 COMMISSIONAIRES 378648 05-Nov-2014 CONTRACT SERVICES 16,905.06 COMPUGEN INC 378423 29-Oct-2014 MATERIALS 6,034.29 CORRIVEAU,JULIEN 378905 12-Nov-2014 REFUND 750.00 COTTON INC 378649 05-Nov-2014 CONTRACT SERVICES 23,358.96 CRABBE,CATHY 378650 05-Nov-2014 ADMINISTRATIVE 75.00 CRAITOR,KIM 378651 05-Nov-2014 ADMINISTRATIVE 100.00 CRAWFORD&COMPANY(CANADA)INC 378425 29-Oct-2014 SERVICES 814.00 CRAWFORD&COMPANY(CANADA)INC 378906 12-Nov-2014 SERVICES 616.00 CRISTELLI,DAVID&TERI ALANNA 378907 12-Nov-2014 REFUND 352.24 CULLIGAN 378652 05-Nov-2014 SERVICES 197.19 CUPE LOCAL 133 378653 05-Nov-2014 PAYROLL REMITTANCE 8,865.23 D.F. BROWN ROOFING 378662 05-Nov-2014 CONTRACT SERVICES 49,638.75 DANDY,BERT 378654 05-Nov-2014 ADMINISTRATIVE 100.00 DANIELE,CHRIS 378656 05-Nov-2014 ADMINISTRATIVE 75.00 DARCH FIRE 378657 05-Nov-2014 VEH ID#536 1,040.11 DATA FIX 378908 12-Nov-2014 SERVICES 2,825.00 DAVIDSON,ANGELA 378367 23-Oct-2014 TRAVEUMILEAGE 477.36 DEBENEDETTI,NICK 378658 05-Nov-2014 ADMINISTRATIVE 75.00 DEGAZIO,TIA 378659 05-Nov-2014 ADMINISTRATIVE 100.00 DEMOL'S TIRE SALES&SERVICE 378660 05-Nov-2014 MATERIALS 771.60 DEMOL'S TIRE SALES&SERVICE 378909 12-Nov-2014 MATERIALS 43.76 DESIGN ELECTRONICS 378426 29-Oct-2014 MATERIALS 7,305.20 DESIGN ELECTRONICS 378910 12-Nov-2014 MATERIALS 1,410.81 DESJARDINS 378427 29-Oct-2014 REFUND 166.00 DETENBECK,TOM 378911 12-Nov-2014 MATERIALS 175.00 DEVEREAUX,FRANK 378428 29-Oct-2014 MATERIALS 163.27 DEVLIN,PAUL ARTHUR 378661 05-Nov-2014 REFUND 750.00 DICOSIMO,VINCENT 378912 12-Nov-2014 REFUND 750.00 DIODATI,JIM 378663 05-Nov-2014 ADMINISTRATIVE 200.00 DIONNE,DONALDA 378913 12-Nov-2014 REFUND 93.33 DISPATCH TALENT INCORPORATED 378429 29-Oct-2014 SERVICES 847.50 DON'S PORTABLE TOILETS 378430 29-Oct-2014 LEASES AND RENTS 3,279.26 DON'S PORTABLE TOILETS 378664 05-Nov-2014 MATERIALS 194.36 DOWNIE,PAUL 378665 05-Nov-2014 ADMINISTRATIVE 100.00 DRAFTING CLINIC CANADA LTD 378431 29-Oct-2014 SERVICES 339.00 DUECK,GREG 378432 29-Oct-2014 MATERIALS 163.27 DUFF,YVETTE 378434 29-Oct-2014 SERVICES 300.00 DUFFERIN CONCRETE 378592 31-Oct-2014 MATERIALS 3,873.09 DUMONT SECURITY 378435 29-Oct-2014 CONTRACT SERVICES 951.64 DUNDAS PIPES&DRUMS do MR.KEN GRIFFIN 378436 29-Oct-2014 SERVICES 850.00 DYCHTIAR,PETER 378666 05-Nov-2014 ADMINISTRATIVE 100.00 DYNAMIC DISPLAYS LTD 378847 10-Nov-2014 SERVICES 2,825.00 EASTLAND,MARI-LYNNE 378667 05-Nov-2014 MATERIALS 565.00 ED LEARN FORD SALES LTD 378438 29-Oct-2014 MATERIALS 60.97 ELIA,KRISTINE 378668 05-Nov-2014 ADMINISTRATIVE 75.00 ELITE PLUMBING&REPAIR 378439 29-Oct-2014 WRAP2014-0207 898.35 ELOQUIP LTD 378669 05-Nov-2014 MATERIALS 508.50 EMCO CORPORATION 378915 12-Nov-2014 MATERIALS 8,244.16 ENBRIDGE 378440 29-Oct-2014 UTILITIES 12,077.30 ENBRIDGE 378670 05-Nov-2014 UTILITIES 4,744.03 ENBRIDGE 378916 12-Nov-2014 UTILITIES 4,140.41 E-QUIP RENTALS&REPAIRS INC 378441 29-Oct-2014 LEASES AND RENTS 79.10 E-QUIP RENTALS&REPAIRS INC 378917 12-Nov-2014 MATERIALS 501.55 ETHERINGTON.DAVE 378671 05-Nov-2014 TRAVEL/MILEAGE 191.16 EVANOFF,VICTOR 378918 12-Nov-2014 TRAVEL/MILEAGE 210.00 EVANS UTILITY SUPPLY LTD 378442 29-Oct-2014 MATERIALS 2,237.40 EVANS UTILITY SUPPLY LTD 378919 12-Nov-2014 MATERIALS 2,002.12 EVERLASTING IMPRESSIONS 378443 29-Oct-2014 SERVICES 1,252.04 EVERLASTING IMPRESSIONS 378672 05-Nov-2014 SERVICES 254.25 EVERLASTING IMPRESSIONS 378920 12-Nov-2014 SERVICES 566.13 FALLS AUTO BODY INC 378921 12-Nov-2014 MATERIALS 3,987.59 FALLS CHEVROLET CADILLAC 378444 29-Oct-2014 MATERIALS 717.78 FALLS CHEVROLET CADILLAC 378674 05-Nov-2014 MATERIALS 122.21 FALLS ELECTRIC INC 378922 12-Nov-2014 MATERIALS 8,474.60 Page 4 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount FALLSVIEW CASINO RESORT 378673 05-Nov-2014 ADMINISTRATIVE 150.00 FASTENAL CANADA LTD 378445 29-Oct-2014 MATERIALS 44.56 FASTENAL CANADA LTD 378675 05-Nov-2014 MATERIALS 355.41 FASTENAL CANADA LTD 378923 12-Nov-2014 MATERIALS 706.14 FERA,FRANK 378676 05-Nov-2014 ADMINISTRATIVE 100.00 FIRE MONITORING OF CANADA INC 378677 05-Nov-2014 SERVICES 299.50 FIRE SAFETY CANADA 378446 29-Oct-2014 MATERIALS 209.54 FIRE SAFETY CANADA 378924 12-Nov-2014 MATERIALS 95.67 FISHER,SHIRLEY 378678 05-Nov-2014 ADMINISTRATIVE 100.00 FISHERS REGALIA 378447 29-Oct-2014 MATERIALS 12.43 FITZGERALD,JOHN 378448 29-Oct-2014 REFUND 141.76 FLEXO PRODUCTS LTD 378449 29-Oct-2014 MATERIALS 566.60 FLEXO PRODUCTS LTD 378679 05-Nov-2014 MATERIALS 1,022.67 FLEXO PRODUCTS LTD 378925 12-Nov-2014 MATERIALS 560.82 FLORES,JOSEPHINE 378680 05-Nov-2014 ADMINISTRATIVE 100.00 FOUR SEASONS CONSTRUCTION 378926 12-Nov-2014 REFUND 750.00 FRANK COSTANTINO CONSTRUCTION 378451 29-Oct-2014 REFUND 734.98 FRANK COSTANTINO CONSTRUCTION 378927 12-Nov-2014 REFUND 763.25 FRASER,HEATHER 378928 12-Nov-2014 SERVICES 130.00 FRAZIER,PATRICIA 378929 12-Nov-2014 REFUND 73.99 FREDERICK,RICK 379094 13-Nov-2014 MATERIALS 199.48 FRIENDS OF FORT GEORGE 378452 29-Oct-2014 MATERIALS 56.50 GALE,BOB 378681 05-Nov-2014 ADMINISTRATIVE 100.00 GAMMA-DYNACARE MEDICAL LABORATORIES 378453 29-Oct-2014 SERVICES 134.00 GARDEN CITY CLOWN BAND 378454 29-Oct-2014 SERVICES 675.00 GARDNER,CAROL 378455 29-Oct-2014 MATERIALS 80.00 GARNER,PAMELA 378456 29-Oct-2014 REFUND 117.43 GAULD NURSERIES LTD 378457 29-Oct-2014 MATERIALS 678.00 GAULD NURSERIES LTD 378931 12-Nov-2014 MATERIALS 1,878.59 GIGLIOTTI,ROSS 378682 05-Nov-2014 ADMINISTRATIVE 100.00 GIRARDI,CHRISTINE 378458 29-Oct-2014 MATERIALS 367.96 GIRARDI,CHRISTINE 378683 05-Nov-2014 MATERIALS 102.75 GIRARDI,CHRISTINE 378932 12-Nov-2014 TRAVEUMILEAGE 42.12 GLOBALSTAR CANADA SATELLITE CO 378933 12-Nov-2014 SERVICES 139.89 GO GREEN PLUMBING 378459 29-Oct-2014 WRAP2014-0156 900.00 GOODLIFE FITNESS-CORPORATE WELLNESS 378460 29-Oct-2014 MATERIALS 828.68 GOODWILL NIAGARA 378461 29-Oct-2014 REBATE 7,767.08 GORDON BANNERMAN LTD 378462 29-Oct-2014 MATERIALS 2,739.12 GORDON,HARVEY 378684 05-Nov-2014 ADMINISTRATIVE 100.00 GRAND&TOY 378685 05-Nov-2014 MATERIALS 216.47 GRAYBAR CANADA 378463 29-Oct-2014 MATERIALS 547.64 GRAYBAR CANADA 378934 12-Nov-2014 MATERIALS 282.36 GREEN,SIMON 378464 29-Oct-2014 MATERIALS 172.88 GREENFIELD GROUP LTD 378686 05-Nov-2014 SERVICES 2,435.16 GREENFIELD GROUP LTD 378935 12-Nov-2014 SERVICES 1,813.65 GREENSCAPES IRRIGATION INC 378936 12-Nov-2014 SERVICES 254.25 GREENWOOD,BARBARA 378687 05-Nov-2014 ADMINISTRATIVE 100.00 GRIMSBY PIPE BAND 378465 29-Oct-2014 SERVICES 400.00 GROVES,KENNETH 378688 05-Nov-2014 ADMINISTRATIVE 100.00 GT FRENCH 378689 05-Nov-2014 MATERIALS 1,679.10 GT FRENCH 378937 12-Nov-2014 MATERIALS 1,295.22 GUGLIOTTA,DOMENIC 378938 12-Nov-2014 REFUND 271.60 GUILLEVIN INTERNATIONAL CO 378466 29-Oct-2014 MATERIALS 1,491.60 GUILLEVIN INTERNATIONAL CO 378690 05-Nov-2014 MATERIALS 395.50 GUILLEVIN INTERNATIONAL CO 378939 12-Nov-2014 MATERIALS 227.13 HAJIFAZUL,ZIAD 378691 05-Nov-2014 ADMINISTRATIVE 100.00 HANSLER SMITH LIMITED 378940 12-Nov-2014 MATERIALS 199.68 HANTZIAGELIS,LENA 378693 05-Nov-2014 ADMINISTRATIVE 75.00 HARVEY,KIRSTEN 378941 12-Nov-2014 SERVICES 400.00 HARVIE,SHIRLEY 378467 29-Oct-2014 SELLBACK 4,926.00 HD SUPPLY POWER SOLUTIONS 378694 05-Nov-2014 MATERIALS 223.18 HECTRONIC US 378468 29-Oct-2014 CONTRACT SERVICES 34,840.00 HENDERSON RECREATION EQUIPMENT LIMITED 378942 12-Nov-2014 MATERIALS 4,637.52 HICKS MORLEY HAMILTON STEWART STORIE LLP 378469 29-Oct-2014 SERVICES 366.12 HICKS MORLEY HAMILTON STEWART STORIE LLP 378943 12-Nov-2014 SERVICES 25,376.25 HILARIO PORTO GONCALVES 378695 05-Nov-2014 SERVICES 1,327.00 HILL BOLES LTD 378944 12-Nov-2014 MATERIALS 150.28 HIT MEN BRASS BAND US DRAFT 03-Nov-2014 SANTA PARADE 1,000.00 HOGARTH,GARY 378471 29-Oct-2014 SERVICES 75.00 HORTH,NICOLE 378472 29-Oct-2014 REFUND 169.06 IBEC MACHINE KNIFE LTD 378945 12-Nov-2014 SERVICES 92.66 IBI GROUP 378946 12-Nov-2014 CONTRACT SERVICES 20,806.10 IBI GROUP 378473 29-Oct-2014 SERVICES 47,799.00 INDEPENDENT SUPPLY COMPANY 378947 12-Nov-2014 MATERIALS 54.34 Page 5 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount INTERFLEET INC 378696 05-Nov-2014 SERVICES 1,335.65 IOANNONI,CARMINE 378697 05-Nov-2014 ADMINISTRATIVE 75.00 IOANNONI,CAROLYNN 378698 05-Nov-2014 ADMINISTRATIVE 100.00 J&B PROCESS SERVING INC 378949 12-Nov-2014 SERVICES 39.55 JACK DOW AUTO SUPPLIES LIMITED 378699 05-Nov-2014 VEH ID#77 67.80 JACKSON,DAVE 378950 12-Nov-2014 TRAVEL/MILEAGE 238.68 JAGDEV,PARDEEP SINGH 378700 05-Nov-2014 REFUND 750.00 JAMIE JANZEN PLUMBING&HEATING INC 378474 29-Oct-2014 WRAP2013-198 686.10 JARVIS,PETER 378951 12-Nov-2014 SERVICES 565.00 JOE'S TRANSMISSION SERVICE 378952 12-Nov-2014 SERVICES 107.35 JONES,JAMIE 378701 05-Nov-2014 ADMINISTRATIVE 100.00 JUST BLINDS 378953 12-Nov-2014 MATERIALS 129.95 KAGAN SHASTRI BARRISTERS&SOLICITORS IN TRUST 378475 29-Oct-2014 CONTRACT SERVICES 3,017.50 KANDU POOLS LTD 378476 29-Oct-2014 MATERIALS 67.65 KATES,ALEX 378702 05-Nov-2014 ADMINISTRATIVE 100.00 KAYANASE 378954 12-Nov-2014 MATERIALS 339.00 KEITH'S PLUMBING&HEATING INC 378593 31-Oct-2014 CONTRACT SERVICES 64,335.69 KELLY DIGS LANDSCAPING 378477 29-Oct-2014 CONTRACT SERVICES 1,708.56 KELLY DIGS LANDSCAPING 378955 12-Nov-2014 CONTRACT SERVICES 24,790.34 KENWORTH TORONTO LTD 378478 29-Oct-2014 MATERIALS 195.38 KENWORTH TORONTO LTD 378703 05-Nov-2014 MATERIALS 64.84 KENWORTH TORONTO LTD 378956 12-Nov-2014 MATERIALS 114.38 KER,GORD 378704 05-Nov-2014 MATERIALS 162.66 KERRIO,VINCE 378705 05-Nov-2014 ADMINISTRATIVE 100.00 KERRY T HOWE ENGINEERING LTD 378479 29-Oct-2014 CONSULTING SERVICES 38,942.81 KERRY T HOWE ENGINEERING LTD 378706 05-Nov-2014 MATERIALS 243.52 KEY NORTH PRODUCTIONS INC 378480 29-Oct-2014 ADVERTISING 472.23 KIMBER,DANAKA 378707 05-Nov-2014 ADMINISTRATIVE 75.00 KLAS ENTERPRISES 378708 05-Nov-2014 REFUND 750.00 KLASSEN,MONICA 378481 29-Oct-2014 REFUND 110.89 KLENZOID 378709 05-Nov-2014 MATERIALS 1,187.23 KNOX,SUSAN D 378482 29-Oct-2014 REFUND 78.24 KOHEIL,RUTH 378710 05-Nov-2014 REFUND 203.43 KPMG INC 378957 12-Nov-2014 TRAINING 1,130.00 KRAHN,FRANK 378483 29-Oct-2014 SERVICES 125.00 KRAWCZYK CONSTRUCTION MAINTENANCE 378711 05-Nov-2014 MATERIALS 4,171.96 KRONSTEIN,MARK 378958 12-Nov-2014 TRAVEL/MILEAGE 210.00 KROWN RUST CONTROL 378484 29-Oct-2014 MATERIALS 2,953.82 KROWN RUST CONTROL 378959 12-Nov-2014 VEH ID#100,WO 2807 226.00 KUNTOS,NEMANJA(NEM) 378712 05-Nov-2014 ADMINISTRATIVE 100.00 KYLE SIPKENS 378556 29-Oct-2014 SERVICES 847.50 LABELLE,MARGUERITE 378960 12-Nov-2014 ADMINISTRATIVE 210.00 LAKE'S MAINTENANCE 378485 29-Oct-2014 MAINTENANCE/REPAIRS 1,085.93 LALLOUET,ERIC 378961 12-Nov-2014 TRAVEUMILEAGE 184.32 LAROCQUE,COREY 378713 05-Nov-2014 ADMINISTRATIVE 100.00 LATORRE,JOANNE 378962 12-Nov-2014 ADMINISTRATIVE 175.00 LAURIC,EVE 378963 12-Nov-2014 ADMINISTRATIVE 175.00 LAWRENCE,DEBORAH 378964 12-Nov-2014 ADMINISTRATIVE 175.00 LAWRENSON,ELAINE 378965 12-Nov-2014 ADMINISTRATIVE 225.00 LAWSON PRODUCTS INC 378486 29-Oct-2014 MATERIALS 2,242.53 LAWSON PRODUCTS INC 378714 05-Nov-2014 MATERIALS 930.18 LAWSON PRODUCTS INC 378966 12-Nov-2014 MATERIALS 1,352.65 LEA,AMANDA 378967 12-Nov-2014 ADMINISTRATIVE 200.00 LEA,HELEN 378969 12-Nov-2014 ADMINISTRATIVE 175.00 LEA-DAWSON,VICKI 378968 12-Nov-2014 ADMINISTRATIVE 210.00 LEO,JOSEPH&LEO,ANNA 378715 05-Nov-2014 REFUND 3,857.70 LEWIS,PETER 378970 12-Nov-2014 ADMINISTRATIVE 210.00 LIGHTNING EQUIPMENT SALES INC 378488 29-Oct-2014 MATERIALS-PUMPER#5,516 978.58 LILLEY.TOBY 378972 12-Nov-2014 ADMINISTRATIVE 50.00 LIPPERT&WRIGHT FUELS INC 378489 29-Oct-2014 FUEL 27,194.89 LISI,ANTONIO 378973 12-Nov-2014 REFUND 86.22 LOCKHART,HELEN 378974 12-Nov-2014 ADMINISTRATIVE 200.00 LOCOCO,BRENDA 378975 12-Nov-2014 ADMINISTRATIVE 225.00 LOCOCO,LORI 378717 05-Nov-2014 ADMINISTRATIVE 100.00 LONE PINE PUBLISHING 378718 05-Nov-2014 MATERIALS 71.63 LOTIMER,KELLY 378976 12-Nov-2014 ADMINISTRATIVE 50.00 LOUGHRAN,ELLEN 378977 12-Nov-2014 ADMINISTRATIVE 225.00 LUNDY'S LANE HISTORICAL L SOCIETY 378719 05-Nov-2014 MATERIALS 136.44 LUNDY'S LANE UNITED CHURCH 378720 05-Nov-2014 ADMINISTRATIVE 150.00 MACDONALD,GARY 378721 05-Nov-2014 ADMINISTRATIVE 100.00 MACDONALD,GEORGE 378978 12-Nov-2014 ADMINISTRATIVE 225.00 MACLEAN,GERMAINE 378979 12-Nov-2014 ADMINISTRATIVE 210.00 MACWHIRTER,ANTOINETTE 378722 05-Nov-2014 ADMINISTRATIVE 75.00 MAGGIOLO,JOE 378723 05-Nov-2014 ADMINISTRATIVE 100.00 Page 6 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MAGUIRE,RICK 378980 12-Nov-2014 ADMINISTRATIVE 225.00 MANCUSO,SAMUEL 378981 12-Nov-2014 ADMINISTRATIVE 675.00 MANELLA,SALVATORE 378725 05-Nov-2014 ADMINISTRATIVE 100.00 MANELLA-BYERS,MARY 378724 05-Nov-2014 ADMINISTRATIVE 100.00 MANELS,DENISE 378982 12-Nov-2014 ADMINISTRATIVE 175.00 MANOJLOVIC,STEVAN 378726 05-Nov-2014 ADMINISTRATIVE 75.00 MANOR CLEANERS 378727 05-Nov-2014 MATERIALS 87.53 MANPOWER 378983 12-Nov-2014 CONTRACT SERVICES 1,182.15 MANPOWER 378490 29-Oct-2014 SERVICES(LABOUR) 1,891.44 MANTLER,RHONDA 378984 12-Nov-2014 ADMINISTRATIVE 775.00 MAPMOBILITY CORP 378985 12-Nov-2014 MATERIALS 2,768.50 MARAIS,WILLIAM 378986 12-Nov-2014 REFUND 157.82 MARAJ,DRUPATEE(PATTY) 378987 12-Nov-2014 ADMINISTRATIVE 225.00 MARCH,VOULA 378988 12-Nov-2014 ADMINISTRATIVE 225.00 MARLOW BAILIFF&PROPERTY MANAGEMENT 378728 05-Nov-2014 SUPPLIES 282.50 MARONE,LUIGI ANTHONY 378990 12-Nov-2014 REFUND 750.00 MARR,ELIZABETH 378989 12-Nov-2014 ADMINISTRATIVE 225.00 MARSILLO,RITA 378991 12-Nov-2014 ADMINISTRATIVE 175.00 MARTIN SHEPPARD FRASER LLP 378491 29-Oct-2014 SERVICES 1,469.42 MARTIN,PAUL 378729 05-Nov-2014 ADMINISTRATIVE 100.00 MASLEK,JOVO 378492 29-Oct-2014 MATERIALS 124.29 MATSON,BILL 378730 05-Nov-2014 TRAVEL/MILEAGE 226.80 MATSON,HEATHER 378992 12-Nov-2014 ADMINISTRATIVE 450.00 MATSON,WILLIAM 378993 12-Nov-2014 ADMINISTRATIVE 625.00 MATTHEW DANIELE MEMORIAL FUND 378655 05-Nov-2014 ADMISSION TICKET FOR MAYOR DI( 50.00 MAURICE,STEVE 378731 05-Nov-2014 TRAVEL/MILEAGE 50 76 MAVES,BART 378732 05-Nov-2014 ADMINISTRATIVE 100.00 MAVES,KEVIN 378733 05-Nov-2014 ADMINISTRATIVE 100.00 MCCARTHY,ALICE 378994 12-Nov-2014 ADMINISTRATIVE 210.00 MCDONALD,ANN 378995 12-Nov-2014 ADMINISTRATIVE 225.00 MCEACHERN,LIVIA 378996 12-Nov-2014 MATERIALS 124.29 MCINNIS,HELEN 378997 12-Nov-2014 ADMINISTRATIVE 225.00 MCLAUGHLIN,BRYAN 378493 29-Oct-2014 REFUND 172.88 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 378998 12-Nov-2014 CONTRACT SERVICES 113.00 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 378494 29-Oct-2014 VEH ID#164 565.00 MCMASTER,SHARON 379000 12-Nov-2014 ADMINISTRATIVE 225.00 MCMILLAN LLP 378999 12-Nov-2014 CONTRACT SERVICES 1,808.00 MCNAMARA,SUSAN 379001 12-Nov-2014 TRAVEL/MILEAGE 200.00 MCRAE,CAROYLN 379002 12-Nov-2014 ADMINISTRATIVE 225.00 MCV PLUMBING&HEATING 378734 05-Nov-2014 REFUND 500.00 MERLINO,RICH 378735 05-Nov-2014 ADMINISTRATIVE 100 00 METAL SUPERMARKETS 379003 12-Nov-2014 MATERIALS 339.50 METRO FREIGHTLINER HAMILTON 379004 12-Nov-2014 MATERIALS 119.21 METRO PLUMBING&HEATING 379005 12-Nov-2014 CONTRACT SERVICES 61,537.52 METRO PLUMBING&HEATING 378736 05-Nov-2014 CONTRACT SERVICES(WRAP2013-• 14,683.68 METRO PLUMBING&HEATING 378495 29-Oct-2014 CONTRACT SERVICES(WRAP2014-I 26,615.95 MG PROMOTIONS 379006 12-Nov-2014 MATERIALS 704.17 MIHAYCHUK,EDITH 378737 05-Nov-2014 REFUND 88.28 MIKOS,JOSEPH 378738 05-Nov-2014 ADMINISTRATIVE 200.00 MILJUS,DAVID TODD 379007 12-Nov-2014 REFUND 500.00 MILLER,RONALD 379008 12-Nov-2014 TRAVEL/MILEAGE 140.00 MINISTER OF FINANCE 378742 05-Nov-2014 MATERIALS 339.00 MINISTER OF FINANCE 378496 29-Oct-2014 PAYROLL REMITTANCE 67,024.98 MINISTER OF FINANCE 378497 29-Oct-2014 PAYROLL REMITTANCE 3,822.35 MINISTER OF FINANCE 378740 05-Nov-2014 MEETING 50.00 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 378741 05-Nov-2014 TRAINING 390.00 MINISTRY OF ATTORNEY GENERAL 378739 05-Nov-2014 PAYROLL REMITTANCE 1,116.94 MISENER,ROB 378498 29-Oct-2014 SERVICES 400.00 MODERN LANDFILL INC 378499 29-Oct-2014 CONTRACT SERVICES 3,267.69 MODERN LANDFILL INC 378743 05-Nov-2014 CONTRACT SERVICES 183.50 MOHAWK MFG&SUPPLY CO 378500 29-Oct-2014 MATERIALS 52.79 MOHAWK MFG&SUPPLY CO 378744 05-Nov-2014 MATERIALS 869.20 MOHAWK MFG&SUPPLY CO 379009 12-Nov-2014 MATERIALS 144.13 MONAGHAN,JAMES 378745 05-Nov-2014 ADMINISTRATIVE 100.00 MONGERI,DAVID 379010 12-Nov-2014 MATERIALS 172.88 MOORE,JENNIFER 379011 12-Nov-2014 REFUND 49.89 MOORE,RICHARD&MAUIRI,ERICA 378746 05-Nov-2014 REFUND 1,196.97 MORGAN,ROBERT CLIFFORD 378501 29-Oct-2014 REFUND 37.97 MOROCCO,JOHN 379012 12-Nov-2014 TRAVEUMILEAGE 162.54 MOROCCO,JOYCE 378747 05-Nov-2014 ADMINISTRATIVE 100.00 MOROCCO,JOYCE 378848 10-Nov-2014 TRAVEUMILEAGE 218.70 MOUNTAIN PARK CHURCH 378748 05-Nov-2014 ADMINISTRATIVE 150.00 MULLER'S WORKWEAR 378502 29-Oct-2014 MATERIALS 422.62 MULLER'S WORKWEAR 379013 12-Nov-2014 MATERIALS 194.36 Page 7 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MULTI-SPORT CANADA 378503 29-Oct-2014 GRANT-NF BARRELMAN TRIATHLO 300.00 MUNICIPAL ASSOCIATES INC 378504 29-Oct-2014 CONTRACT SERVICES 3,390.00 MUNICIPAL WORLD INC 378505 29-Oct-2014 MATERIALS 1,443.58 MUNRO LTD 378749 05-Nov-2014 MATERIALS 4,209.66 NEOPART CANADA INC 379014 12-Nov-2014 MATERIALS 217.22 NESS,BARBARA 378750 05-Nov-2014 ADMINISTRATIVE 100.00 NEW FLYER INDUSTRIES CANADA ULC 378506 29-Oct-2014 MATERIALS 1,479.70 NEW FLYER INDUSTRIES CANADA ULC 378751 05-Nov-2014 MATERIALS 469.03 NEW FLYER INDUSTRIES CANADA ULC 379015 12-Nov-2014 MATERIALS 709.91 NEXTERRA SUBSTRUCTURES INCORPORATED 378507 29-Oct-2014 CONTRACT SERVICES 235,310.42 NIAGARA ANALYTICAL LABORATORIES INC 378508 29-Oct-2014 CONTRACT SERVICES 1,753.76 NIAGARA ANALYTICAL LABORATORIES INC 378752 05-Nov-2014 CONTRACT SERVICES 857.67 NIAGARA AUTO&TRUCK SERVICE CENTRE LTD 379016 12-Nov-2014 CONTRACT SERVICES 33.90 NIAGARA BATTERY&TIRE 378509 29-Oct-2014 VEH ID#67 1,471.99 NIAGARA BATTERY&TIRE 379017 12-Nov-2014 VEH ID#421 14,186.92 NIAGARA CHRYSLER DODGE JEEP 379018 12-Nov-2014 MATERIALS 12.10 NIAGARA COLLEGE BROADCASTING RADIO TELEVISION&FILM 378753 05-Nov-2014 MATERIALS 750.00 NIAGARA DINING&ENTERTAINMENT 378754 05-Nov-2014 ADVERTISING 565.00 NIAGARA FALLS ART GALLERY 378510 29-Oct-2014 GRANT 2,250.00 NIAGARA FALLS BAR ASSOCIATION 378755 05-Nov-2014 MEMBERSHIP 225.00 NIAGARA FALLS HUMANE SOCIETY 378511 29-Oct-2014 GRANT 39,795.16 NIAGARA FALLS INTERNATIONAL MARATHON 378512 29-Oct-2014 GRANT 1,500.00 NIAGARA FALLS JR B CANUCKS 379019 12-Nov-2014 ADVERTISING 250.00 NIAGARA FALLS LIONS CLUB 378756 05-Nov-2014 ADMINISTRATIVE 69.50 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 378757 05-Nov-2014 PAYROLL REMITTANCE 7,810.40 NIAGARA FALLS STN 6 VOLUNTEER FIREFIGHTERS 378758 05-Nov-2014 ADMINISTRATIVE 150.00 NIAGARA FALLS TOURISM 378513 29-Oct-2014 GRANT 54,000.00 NIAGARA FALLS TOURISM 378595 03-Nov-2014 MATERIALS-NY EVE SHOW 50,000.00 NIAGARA MEMORIAL MILITAIRES 378514 29-Oct-2014 SERVICES 1,000.00 NIAGARA METER SERVICES INC. 378515 29-Oct-2014 CONTRACT SERVICES 4,574.75 NIAGARA METER SERVICES INC. 379020 12-Nov-2014 CONTRACT SERVICES 4,275.24 NIAGARA PARKS COMMISSION 378516 29-Oct-2014 CONTRACT SERVICES(WEGO 24 HI 7,000.00 NIAGARA PARKS COMMISSION 379022 12-Nov-2014 CONTRACT SERVICES(WEGO HOS. 24,973.00 NIAGARA PENINSULA AMATEUR RADIO CLUB 378760 05-Nov-2014 MATERIALS 100.00 NIAGARA PENINSULA ENERGY INC 378517 29-Oct-2014 UTILITIES 219,114.03 NIAGARA PENINSULA ENERGY INC 378759 05-Nov-2014 UTILITIES 13,235.19 NIAGARA PENINSULA ENERGY INC 379023 12-Nov-2014 UTILITIES 3,368.79 NIAGARA REGION WIRE 03-Nov-2014 DEBENTURE 45-2013 203,896.42 NIAGARA REGION WIRE 03-Nov-2014 SEPT WATER 2,091,375.55 NIAGARA REGIONAL HOUSING 378761 05-Nov-2014 ADMINISTRATIVE 150.00 NIAGARA REGIONAL HOUSING 379026 12-Nov-2014 REFUND 156.08 NIAGARA REGIONAL MUNICIPALITY 378518 29-Oct-2014 MATERIALS 2,036.23 NIAGARA REGIONAL MUNICIPALITY 379024 12-Nov-2014 MATERIALS 1,686.45 NIAGARA REGIONAL POLICE SERVICE 379025 12-Nov-2014 MATERIALS 50.00 NIAGARA REGIONAL TOWING 379027 12-Nov-2014 CONTRACT SERVICES 1,039.60 NIAGARA RIVER TRADING COMPANY 378767 05-Nov-2014 MATERIALS 162.72 NIAGARA ROADS SUPERVISORS ASSOCIATION 379028 12-Nov-2014 MEMBERSHIP 660.00 NIAGARA RUBBER SUPPLY INC 378519 29-Oct-2014 MATERIALS 58.28 NIAGARA RUBBER SUPPLY INC 378762 05-Nov-2014 MATERIALS 38.15 NIAGARA SPRING SERVICE LTD 378520 29-Oct-2014 VEH ID#85 5,782.66 NIAGARA SPRING SERVICE LTD 379029 12-Nov-2014 VEH ID#679 4,142.53 NIAGARA THIS WEEK 378763 05-Nov-2014 ADVERTISING 168.37 NIAGARA WATER CONDITIONING LTD 378764 05-Nov-2014 CONTRACT SERVICES 254.25 NIAGARA'S OWN LANDSCAPING INC 379021 12-Nov-2014 MATERIALS 1,017.00 NICK'S TRUCK PARTS INC. 379030 12-Nov-2014 MATERIALS 40.34 NICKS,JOAN 378765 05-Nov-2014 MATERIALS 150.00 NIEUWESTEEG,ED 378766 05-Nov-2014 ADMINISTRATIVE 100.00 NORTH AMERICAN SIGNS INC 379031 12-Nov-2014 REFUND 300.00 NU CUT SHARPENING 378521 29-Oct-2014 MATERIALS 140.12 O'BRIEN,KATHLEEN 378768 05-Nov-2014 REFUND 424.48 OMERS 378522 29-Oct-2014 PAYROLL REMITTANCE 33,412.64 OMERS 379032 12-Nov-2014 PAYROLL REMITTANCE 662,958.32 OPTIMIST CLUB 378769 05-Nov-2014 ADMINISTRATIVE 300.00 ORCHARD PARK HIGH SCHOOL MARCHING BAND US DRAFT 03-Nov-2014 SANTA PARADE 1,600.00 O'REILLY,TERRY 378770 05-Nov-2014 ADMINISTRATIVE 100.00 PAGENET OF CANADA INC 378771 05-Nov-2014 MATERIALS 16.89 PARTY CONNECTION 379034 12-Nov-2014 MATERIALS 186.45 PATTISON OUTDOOR ADVERTISING 379035 12-Nov-2014 ADVERTISING 2,158.30 PEACEFULL,IAN 379036 12-Nov-2014 MATERIALS 172.88 PEC ROOF MAINTENANCE 379037 12-Nov-2014 MATERIALS 439.58 PEMBERTON,HOLLY 379038 12-Nov-2014 MATERIALS 87.58 PENINSULA ABSTRACT INC 378773 05-Nov-2014 MATERIALS 171.53 PENINSULA PEST CONTROL LTD 378772 05-Nov-2014 CONTRACT SERVICES 700.60 PENINSULA PEST CONTROL LTD 379039 12-Nov-2014 CONTRACT SERVICES 141.25 Page 8 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount PERINCIC,DUBRAVKA 378774 05-Nov-2014 REFUND 310.00 PERRIER,TONY-LYNN 378775 05-Nov-2014 ADMINISTRATIVE 75.00 PETERS EXCAVATING INC 378594 31-Oct-2014 CONTRACT SERVICES 10,800.19 PETERSONS UPHOLSTERING 378523 29-Oct-2014 MAINTENANCE/REPAIRS 470.58 PHILIPS HEALTHCARE 378524 29-Oct-2014 CONTRACT SERVICES 5,089.52 PIERGENTILI,NATALIE 378776 05-Nov-2014 ADMINISTRATIVE 100.00 PIETRANGELO,VICTOR 378777 05-Nov-2014 ADMINISTRATIVE 100.00 PIGEON,ROGER 378778 05-Nov-2014 MATERIALS 172.88 PINDERS LOCK AND SECURITY 378525 29-Oct-2014 STORES/INVENTORY 872.08 PINERIDGE TREE SERVICE LTD 378526 29-Oct-2014 CONTRACT SERVICES 5,517.25 PINERIDGE TREE SERVICE LTD 378779 05-Nov-2014 CONTRACT SERVICES 8,246.19 PITNEY BOWES GLOBAL CREDIT SERVICES 378527 29-Oct-2014 LEASES AND RENTS 220.79 PK HUMMINGBIRD STEEL BAND 378528 29-Oct-2014 SERVICES 300.00 PRAXAIR 379041 12-Nov-2014 MATERIALS 761.47 PRECISION AUTOMOTIVE MACHINE SHOP 378529 29-Oct-2014 CONTRACT SERVICES 113.00 PRECISION CURB CUTTING LTD 378530 29-Oct-2014 CONTRACT SERVICES 1,805.19 PREVOST COACH TRANSIT 378531 29-Oct-2014 MATERIALS 1,237.44 PREVOST COACH TRANSIT 379042 12-Nov-2014 MATERIALS 2,432.59 PRIMARY CARE NIAGARA-NIAGARA FALLS 378532 29-Oct-2014 SERVICES-MEDICAL 125.00 PROJECT SHARE 378533 29-Oct-2014 GRANT 24,866.66 PROTEL ALARM&SIGNAL 379043 12-Nov-2014 MATERIALS 1,810.83 PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 378534 29-Oct-2014 CONTRACT SERVICES 58,786.18 PROVINCIAL CONTRACTORS INC 378780 05-Nov-2014 MATERIALS 3,390.00 PUBLIC SECTOR DIGEST 378781 05-Nov-2014 CONTRACT SERVICES 9,887.50 PURE WATER 378782 05-Nov-2014 MATERIALS 30.00 PUROLATOR COURIER 378535 29-Oct-2014 COURIER 43.78 PVS CONTRACTORS 378536 29-Oct-2014 CONTRACT SERVICES 44,347.52 QUARTEK GROUP INC 378537 29-Oct-2014 MATERIALS 2,135.70 QUEENSWAY FREE METHODIST CHURCH 378783 05-Nov-2014 ADMINISTRATIVE 150.00 R J SMITH EQUIPMENT INC 378543 29-Oct-2014 MATERIALS 1,542.39 R J SMITH EQUIPMENT INC 379047 12-Nov-2014 MATERIALS 3,300.67 R V ANDERSON ASSOCIATES LIMITED 378548 29-Oct-2014 CONSULTING SERVICES 1,723.74 RACO AUTO SUPPLY LTD 378538 29-Oct-2014 MATERIALS 367.95 RACO AUTO SUPPLY LTD 378784 05-Nov-2014 STORES/INVENTORY 123.40 RACO AUTO SUPPLY LTD 379044 12-Nov-2014 STORES/INVENTORY 1,359.46 RAINBOW AUTO PARTS 379045 12-Nov-2014 REFUND 39.48 RAINBOW PURE WATER 378539 29-Oct-2014 SERVICES 960.50 RANGER,STEPHEN 379046 12-Nov-2014 REFUND 93.90 RANKIN CONSTRUCTION INC 379093 12-Nov-2014 CONTRACT SERVICES 139,732.52 RBC LIFE INSURANCE COMPANY 378845 06-Nov-2014 REMITTANCE 1,518.57 REALTAX INC 378540 29-Oct-2014 MATERIALS 875.75 RECEIVER GENERAL 378786 05-Nov-2014 PAYROLL REMITTANCE 1,527.35 RECEIVER GENERAL 378787 05-Nov-2014 PAYROLL REMITTANCE 403,144.83 REGIONAL MUNICIPALITY OF NIAGARA 378541 29-Oct-2014 CONTRACT SERVICES 4,106.50 REGIONAL MUNICIPALITY OF NIAGARA 378596 03-Nov-2014 MATERIALS-PREPAID POLICE CLE, 225.00 RINES,VINCENT 378542 29-Oct-2014 REFUND 115.97 ROCHESTER MIDLAND LIMITED 379048 12-Nov-2014 CONTRACT SERVICES 84.34 ROGERS WIRELESS INC 378545 29-Oct-2014 UTILITIES 1,440.10 ROOFMART(CANADA)LIMITED 378789 05-Nov-2014 REFUND 5,528.00 RTS COMPANIES INC. 379049 12-Nov-2014 MATERIALS 493.11 RUDY SAURO 378546 29-Oct-2014 MATERIALS 173.00 RUSCITTI,TONY 378790 05-Nov-2014 TRAVEL/MILEAGE 90.18 RUSK E, 378547 29-Oct-2014 REFUND 48.55 S A C NIAGARA COLLEGE WELLAND CAMPUS 378791 05-Nov-2014 ADVERTISING 405.67 S.C.WATSON SERVICES 379052 12-Nov-2014 CONTRACT SERVICES 508.50 SACCO CONSTRUCTION LTD 378792 05-Nov-2014 MATERIALS 8,475.00 SAFETY KLEEN CANADA INC 378793 05-Nov-2014 MATERIALS 483.21 SAINT MICHAEL'S CATHOLIC HIGH SCHOOL 378794 05-Nov-2014 MATERIALS 100.00 SAINT PAUL CATHOLIC HIGH SCHOOL 378795 05-Nov-2014 MATERIALS 100.00 SCHINDLER ELEVATOR CORPORATION C/O T52649 379050 12-Nov-2014 CONTRACT SERVICES 537.74 SCHMALZ,MONICA 378549 29-Oct-2014 SERVICES 225.00 SCOTIABANK BILL PAYMENT SERVICES 378551 29-Oct-2014 REFUND 76.07 SCOTT BEST SEWER SERVICES 378550 29-Oct-2014 CONTRACT SERVICES 169.50 SCOTT BEST SEWER SERVICES 378796 05-Nov-2014 CONTRACT SERVICES 197.75 SCOTT BEST SEWER SERVICES 379051 12-Nov-2014 CONTRACT SERVICES 791.00 SEALER WORKS 378797 05-Nov-2014 MATERIALS 3,343.41 SEARCH AND RESCUE NIAGARA 379054 12-Nov-2014 MATERIALS 100.00 SEAWAY FLUID POWER GROUP 379053 12-Nov-2014 MATERIALS 423.22 SEAWAY FLUID POWER GROUP 378552 29-Oct-2014 VEH ID#300 WO270 1,642.61 SENTINEAL CARRIAGES INC 379055 12-Nov-2014 MATERIALS 1,356.00 SERVICEMASTER CLEAN OF NIAGARA 379056 12-Nov-2014 CONTRACT SERVICES 435.05 SETON 378553 29-Oct-2014 MATERIALS 2,098.46 SHALALA,JOHN 378798 05-Nov-2014 ADMINISTRATIVE 100.00 SHARP,MIKE 378799 05-Nov-2014 MATERIALS 175.00 Page 9 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount SIGNATURE SIGNS 378800 05-Nov-2014 MATERIALS 2,457.75 SIMPLISTIC LINES INC 379058 12-Nov-2014 MATERIALS 1,267.17 SLINN,MARK 378801 05-Nov-2014 ADMINISTRATIVE 75.00 SMITH,CHARLIE 379059 12-Nov-2014 TRAINING 117.47 SMITH,JOHNATHAN 379060 12-Nov-2014 REFUND 161.36 SMITH,LEE 379061 12-Nov-2014 PETTY CASH 249.10 SMITH,MARK EDWARD 378802 05-Nov-2014 CONTRACT SERVICES 500.00 SNAP NIAGARA FALLS 378803 05-Nov-2014 ADVERTISING 293.80 SNAP NIAGARA FALLS 379062 12-Nov-2014 ADVERTISING 293.80 SOCHA,STAN 378804 05-Nov-2014 MATERIALS 175.00 SONES,JESSIE 379063 12-Nov-2014 REFUND 68.00 SPARTAN RESCUE INC. 378805 05-Nov-2014 MATERIALS 1,649.80 SPIRONELLO,DEAN 378806 05-Nov-2014 TRAVEL/MILEAGE 104.76 ST ANDREWS UNITED CHURCH 378808 05-Nov-2014 ADMINISTRATIVE 150.00 ST ANN'S ROMAN CATHOLIC CHURCH 378809 05-Nov-2014 ADMINISTRATIVE 150.00 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 379065 12-Nov-2014 MATERIALS 605.76 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 378559 29-Oct-2014 VEH ID#100 W02807 1,168.71 ST JOHN AMBULANCE 378563 29-Oct-2014 GRANT 52,213.01 ST JOHN AMBULANCE 378811 05-Nov-2014 MATERIALS 100.00 ST JOHN THE EVANGELIST CHURCH 378812 05-Nov-2014 ADMINISTRATIVE 150.00 ST THOMAS MORE CHURCH 378814 05-Nov-2014 ADMINISTRATIVE 150.00 STAMFORD COLLEGIATE SECONDARY SCHOOL 378807 05-Nov-2014 MATERIALS 100.00 STAPLES ADVANTAGE 378558 29-Oct-2014 STORES/INVENTORY 457.31 STAPLES ADVANTAGE 378810 05-Nov-2014 STORES/INVENTORY 98.08 STAPLES ADVANTAGE 379064 12-Nov-2014 STORES/INVENTORY 392.97 STERLING FRAZER ASSOCIATE 378560 29-Oct-2014 CONSULTING SERVICES 3,898.50 STEVENS,SHERRI(SCOTT) 378561 29-Oct-2014 REFUND 230.00 STICCA,JAMES 378562 29-Oct-2014 TRAVEL/MILEAGE 236.57 STRANGE,MIKE 378813 05-Nov-2014 ADMINISTRATIVE 100.00 SUN LIFE WIRE 03-Nov-2014 NOV PREMIUMS 379,677.57 SUNCOR ENERGY PRODUCTS PARTNERSHIP 378564 29-Oct-2014 FUEL 65,374.79 SUNCOR ENERGY PRODUCTS PARTNERSHIP 378565 29-Oct-2014 FUEL 1,562.50 SUNCOR ENERGY PRODUCTS PARTNERSHIP 378815 05-Nov-2014 FUEL 36,718.13 SUNCOR ENERGY PRODUCTS PARTNERSHIP 379066 12-Nov-2014 FUEL 37,563.04 SUPERIOR BLEND COFFEE LTD 379068 12-Nov-2014 MATERIALS 457.82 SUPERIOR LAUNDRY SERVICE LTD. 378816 05-Nov-2014 CONTRACT SERVICES 227.14 SUPERIOR LAUNDRY SERVICE LTD. 379069 12-Nov-2014 CONTRACT SERVICES 57.07 TALK WIRELESS INC 378566 29-Oct-2014 CONTRACT SERVICES 1,022.65 TALK WIRELESS INC 378817 05-Nov-2014 VEH ID#54 wo2861 572.53 TANNER,THOMAS 378818 05-Nov-2014 REFUND 750.00 TAVANO,MICHELLE 378819 05-Nov-2014 ADMINISTRATIVE 100.00 TAXITAB 378567 29-Oct-2014 CONTRACT SERVICES 2,395.84 TCI MANAGEMENT CONSULTANTS 378820 05-Nov-2014 CONTRACT SERVICES 3,954.51 TD CANADA TRUST 378821 05-Nov-2014 REFUND 19,593.80 TECHNICAL STANDARDS&SAFETY AUTHORITY 379070 12-Nov-2014 CONTRACT SERVICES 205.00 TECHNICAL STANDARDS&SAFETY AUTHORITY 378822 05-Nov-2014 MEMBERSHIP 70.00 TELUS COMMUNICATIONS COMPANY 379071 12-Nov-2014 CONTRACT SERVICES 1,658.16 TELUS COMMUNICATIONS COMPANY 378568 29-Oct-2014 MATERIALS 1,655.45 TELUS COMMUNICATIONS COMPANY 378569 29-Oct-2014 SERVICES 796.65 THE HAMILTON SANTA CLAUSE PARADE 378692 05-Nov-2014 SERVICES 1,500.00 THE LAROCQUE GROUP 378570 29-Oct-2014 MATERIALS 250.00 THOMSON,WAYNE 378823 05-Nov-2014 ADMINISTRATIVE 100.00 THORNE,RACHAEL 379072 12-Nov-2014 REFUND 100.00 TILSON,DEAN 378571 29-Oct-2014 REFUND 64.53 TIM HORTONS STORE#30 378572 29-Oct-2014 MATERIALS 271.67 TOPLIFFE,JEANETTE 378573 29-Oct-2014 MEMBERSHIP 339.00 TOPOLINSKY,CONNIE 378824 05-Nov-2014 ADMINISTRATIVE 200.00 TOROMONT INDUSTRIES LTD 379074 12-Nov-2014 MATERIALS 21,719.07 TOROMONT INDUSTRIES LTD 378825 05-Nov-2014 VEH ID#536,571,572 W02841 1,748.95 TORONTO STAMP INC 378826 05-Nov-2014 MATERIALS 109.82 TOSSOUNIAN,JEANNETTE 378827 05-Nov-2014 ADMINISTRATIVE 100.00 TRANSAXLE PARTS(HAMILTON)INC. 379075 12-Nov-2014 STORES/INVENTORY 1,099.13 TREDWELL,TIM 378828 05-Nov-2014 ADMINISTRATIVE 100.00 TRIMARCHI,PATRICIA 378829 05-Nov-2014 ADMINISTRATIVE 75.00 TWARDAWSKY,NICK 379076 12-Nov-2014 TRAVEUMILEAGE 100.44 UPPER CANADA CONSULTANTS 378574 29-Oct-2014 CONSULTING SERVICES 46,258.70 URBAN&ENVIRONMENTAL MANAGEMENT INC 379077 12-Nov-2014 MATERIALS 2,980.38 VAIL,TIM 379078 12-Nov-2014 MATERIALS 175.00 VALEO,SALVATORE&VALEO,DAIANA 379079 12-Nov-2014 REFUND 123.08 VAN HOUTTE COFFEE SERVICES INC CO 38 379080 12-Nov-2014 MATERIALS 108.70 VARLEY,BRIAN 378830 05-Nov-2014 REFUND 65.00 VATTOVAZ,THOMAS&VATTOVAZ,ROSEMARY 378846 06-Nov-2014 REFUND 14,274.00 VAUGHAN,DARLENE 378831 05-Nov-2014 ADMINISTRATIVE 75.00 VECCHI,TERESA 379081 12-Nov-2014 REFUND 145.12 Page 10 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount VILLAMIL,BERNIE 378832 05-Nov-2014 ADMINISTRATIVE 100.00 VILLELLA,MARIO 378833 05-Nov-2014 REFUND 150.00 VISCA,ANTONIO 378575 29-Oct-2014 REFUND 80.71 VOCERA COMMUNICATIONS INC 378576 29-Oct-2014 CONTRACT SERVICES 3,002.43 VOLPATTI,SELINA 378834 05-Nov-2014 ADMINISTRATIVE 100.00 WALKER AGGREGATES INC 378835 05-Nov-2014 MATERIALS 8,849.67 WALKER AGGREGATES INC 379082 12-Nov-2014 MATERIALS 2,745.79 WALKER AGGREGATES INC 378577 29-Oct-2014 STORES/INVENTORY 2,770.14 WALLACE,JADE A 378836 05-Nov-2014 HONORARIUM 25.00 WALSH,JOHN 379083 12-Nov-2014 TRAVEUMILEAGE 100.00 WARCHALA,MICHAEL 378579 29-Oct-2014 TRAVEL/MILEAGE 168.00 WARCHALA,MICHAEL 378837 05-Nov-2014 TRAVEUMILEAGE 57.40 WARREN,DEBBIE 379084 12-Nov-2014 TRAVEUMILEAGE 110.00 WATERS,LYDIA 378838 05-Nov-2014 ADMINISTRATIVE 75.00 WEIR,CAROL E 378839 05-Nov-2014 MATERIALS 25.00 WESTLANE SECONDARY SCHOOL 378840 05-Nov-2014 MATERIALS 100.00 WESTPIER MARINE&INDUSTRIAL SUPPLY INC. 378580 29-Oct-2014 STORES/INVENTORY 550.72 WILLIAM KAPLAN ARBITRATIO 378581 29-Oct-2014 SERVICES 2,772.57 WILLOUGHBY VOLUNTEER FIREFIGHTERS ASSOCIATION 378841 05-Nov-2014 ADMINISTRATIVE 150.00 WILSON,BILL 379085 12-Nov-2014 REFUND 80.00 WIMBUSH,R US DRAFT 03-Nov-2014 FIRE TRAINING EXP 125.36 WINDYLANE DEVELOPMENTS INC 379086 12-Nov-2014 REFUND 169.12 WINTER FESTIVAL OF LIGHTS 378582 29-Oct-2014 GRANT 19,928.57 WOLSELEY CANADA INC. 379087 12-Nov-2014 MATERIALS 866.15 WOMEN'S PLACE OF SOUTH NIAGARA INC 378583 29-Oct-2014 GRANT 1,612.50 WORK AUTHORITY 378584 29-Oct-2014 MATERIALS 868.92 WORK AUTHORITY 379088 12-Nov-2014 MATERIALS 450.00 WORK EQUIPMENT LTD 379089 12-Nov-2014 VEH ID#298 623.05 WORK EQUIPMENT LTD 378585 29-Oct-2014 VEH ID#300 W0270 1,583.28 WSIB 378587 29-Oct-2014 PAYROLL REMITTANCE 744.04 WSIB 378586 29-Oct-2014 REMITTANCE 22,881.01 WSIB 378842 05-Nov-2014 REMITTANCE 3,168.11 WSIB 379090 12-Nov-2014 REMITTANCE 36,711.68 WYLIE,BRENDA 378588 29-Oct-2014 PETTY CASH 623.90 YELLOW PAGES GROUP 378843 05-Nov-2014 ADVERTISING 721.45 YMCA OF NIAGARA 378589 29-Oct-2014 MATERIALS 1,142.22 YMCA OF NIAGARA 379092 12-Nov-2014 UTILITIES 773.01 YOUNG,MAUREEN 378844 05-Nov-2014 ADMINISTRATIVE 100.00 YWCA NIAGARA REGION 378590 29-Oct-2014 GRANT 4,277.75 Total 6,343,980.78 F-2014-51 Niagara.Falls November 13,2014 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2014-51 Approval of Interim 2015 Spending Limits RECOMMENDATION That, in the absence of an adopted 2015 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 2015 General Purposes Budget, 2015 Utility Budget and 2015 Capital Budget are underway. As a result, staff requests that Council approve interim spending limits for 2015 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 2015 budget. This authority is required for the City to maintain its operations until the final budgets are approved. Consideration of the 2015 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 2015 budget. If Council approval of the budget is not achieved by the end of May, 2015, a further report with an amended interim spending authority will be submitted. Recommended by: AA Todd H rriso , Direct of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer PBD-2014-61 Niagaraails December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-61 DOW-2014-006, 4397-4399 Queen Street Commercial Building Grant Owner: Yolanda Cserpes Applicant: Attila Cserpes RECOMMENDATION That Council approve the Commercial Building Improvement Grant Applications for 4397- 4399 Queen Street (Yolanda Cserpes) subject to the owner satisfying the program requirements. EXECUTIVE SUMMARY This application can be supported because: • the existing use is in conformity with the City's Official Plan and Zoning By law; • the renovation and improvements comply with the City's grant program; and • the building improvement would total $22,166 with the City contributing one half of the $10,000 grant and the Region of Niagara contributing the other half. The funding is provided in the 2014 Operating Budget. BACKGROUND The subject building (see Appendix 1 for location, Appendix 2 for photograph) has an empty ground floor commercial space (`Factory Outlet Store') and residential units on the upper floor. The Owner intends to address heating and air leakage issues in the apartment prior to this winter season. Façade improvements are intended for the future but not as part of this application. Commercial Building Improvement Grant In order to address heating issues for the existing apartments units, the Owner will be replacing the boiler furnace and hot water tank, replacing 13 second floor windows and making some roof repairs. The lowest cost estimates submitted with the application total $22,166. The Commercial Building Improvement Grant can provide a total of 50% of the estimates or $10,000 whichever is lesser. The City and Region would each contribute $5,000 towards the $10,000 building improvement grant. 2 PBD-2014-61 December 9, 2014 ANALYSIS The improvements requested under this application are all eligible under the Commercial Building Improvement Program for the Downtown Area. The applicant has noted that façade improvements are also intended for this building in the future which would be desirable for this highly visible area of the Downtown. It is anticipated that the improvement of the building will encourage the continued revitalization of the property and surrounding properties. FINANCIAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purposes Reserve. This reserve has been established to provide funding for the City's expenses related to non-interest loans and for qualified grants. There are sufficient funds available for the subject application. If approved, the recommended grant, of which the City's portion would equal $5,000, will result in an unencumbered balance of $267,691. Property Taxes are up to date on this property. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the area. LIST OF ATTACHMENTS ➢ Appendix 1 - Location Map ➢ Appendix 2 - Façade Photo lI Recommended by: -t L k Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I 444\1 Ken Todd, Chief Administrative Officer F.Berard I:mb Attach. S:\PDR\2014\PBD-2014-61,DOW-2014-006,Commercial Building & Facade Grant.docx 3 PBD-2014-61 December 9, 2014 APPENDIX 1 r Z 1 O N Z CC M oC w 2 C M ry a O. rr=,•ca ERIE AV ERIE AV ERIE AV Inz )1c tat cc tu a 0' ONTARIO AV ONTARIO AV ONTARIO RV 1-- ' cri 4A` 't. , z G cc z m Y z ILI Q D a Ov ST CLAIR Al ST CLAIR AV ST CLAIR ?V I— G Vi vs z z cc t cc a d a CRYSLER AV CRYSLER OV CRYSLER AV CRY a L IA It ? p I cc W cc I 4 PBD-2014-61 December 9, 2014 APPENDIX 2 ` i te--4--v..*: `i.:•.. 4,,‘,..-.44--4-,-.1. Ph `r �1'~�� OUTLET cEN7 REDISCUT ick J411 Niagaraaalls TS-2014-39 December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2014-39 Downtown BIA Request for 2-hour On-street Free Parking in December RECOMMENDATION 1) That two-hour free parking in the Downtown Core during the Month of December at on-street parking meters and on-street pay and display machines only, be approved. 2) That the Downtown B.I.A offset the lost revenue from paid parking during the month of December 2014 from their annual budget EXECUTIVE SUMMARY The Downtown Board of Management has submitted their annual request for 2-hour free parking at all on-street pay parking locations. Council has approved this request the past 13 years. In January 2013 Council approved the self-sustaining parking operation where revenues generated would offset expenditures without impact on the general tax base. Based in this structure it is recommended that funds from the BIA annual budget be used to cover lost revenue during the month of December as previously approved by council on November 26 2013 report TS-2013-49. BACKGROUND The Downtown Board of Management has once again submitted a request to have free parking implemented at on-street parking meters and on-street pay and display machines during the month of December. In January 2013 Council approved the self- sustaining parking operation where revenues generated would offset expenditures without impact on the general tax base. Based on this structure it is recommended that the Downtown BIA annual budget to cover lost revenue during the month of December. During the free parking time, those patrons who overstay the 2-hour grace period at the on-street meters and on-street pay and display machines will be subject to parking fine. Patrons requiring to park longer than two hours may use one of the many Downtown Municipal Pay Parking Lots and pay the associated parking fees. ANALYSIS/RATIONALE Typically, BIA's would be responsible for the lost revenue that would have been generated. Council has supported this request over previous years at no cost to the Downtown BIA. The changes to the parking operation as self-sustaining no longer allows for the tax base to absorb the lost revenue for this area and last year the downtown C.I.P fund was used to offset lost revenues to the parking fund with recommendation that the BIA budget come into effect on future requests. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The lost revenue associated with the free parking initiative in the Downtown Core during the month of December is estimated to be $3,600. CITY'S STRATEGIC COMMITMENT Continue the parking operations user-pay philosophy through the development and Implementation of a 10 Year Parking Capital Infrastructure Program and Rate Stabilization Plan. ATTACHMENTS Downtown BIA request letter Recommended by: / Le ,-0 Karl Dren, Director of Transportation Services Respectfully submitted: I `2444j\ill Ken Todd, Chief Administrative Officer Paul Brown THE PRP FALL Nemanja Kuntos S 0� General Manager Office: 905-356-5444 EAT • SHOP • EXPLORE Fax: 905-356-5667 E-Mail:gm@niagarafallsdowntown.com November 20th, 2014 ATTENTION: Karl Dren, Director Transportation Services Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Dren: As per our annual request, the Downtown Board of Management requests that "free" parking be implemented at all on-street meters in the downtown core during the month of December. Yours truly, DOWNTOWN BOARD OF MANAGEMENT Nemanja Kuntos General Manager, Downtown Niagara Falls BIA DOWNTOWN BOARD OF MANAGEMENT 4660 Queen Street, Niagara Falls, Ontario, Canada L2E 2L8 www. niagarafallsdowntown.com Phil Ritchie Chair PBD-2014-57 Niagaraaa14 December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-57 AM-2014-009, Zoning By-law Amendment Application Lots 33-37, Plan 408, 9275-9311 Shoveller Drive Applicant: 800460 Ontario Limited (Fred Costabile) Agent: Carmela Agro, Upper Canada Consultants Proposal: Townhouse Development RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone Lots 33-37, Plan 408 Residential Low Density, Grouped Multiple Dwellings (R4-932) to permit them to be developed for townhouse dwellings together with Block 97. EXECUTIVE SUMMARY An application has been submitted to amend the zoning of Lots 33-37, Plan 408, known as 9275, 9285, 9295, 9305 and 9311 Shoveller Drive. The lots are currently zoned Residential Single Family 1E Density (R1 E-931) in keeping with the layout as lots for single detached dwellings. The lots are now proposed to be developed with townhouse dwellings together with Block 97 which abuts the lots to the east. Block 97 is zoned Residential Low Density, Grouped Multiple Dwellings (R4-932) which permits townhouse dwellings. The zoning of the lots is requested to be changed to the same R4-932 zone that exists on Block 97. The zoning by-law amendment is recommended because it conforms to the Official Plan. Allowing the lots to be developed with Block 97 will result in a more efficient townhouse project with several additional dwelling units. BACKGROUND Proposal The applicant has requested a Zoning By-law amendment for five (5) lots known as 9275, 9285, 9295, 9305 and 9311 Shoveller Drive, all as shown on Schedule 1. The lots total 0.23 hectares (0.56 acres). The applicant is requesting the amendment to allow the subject lots to be developed for townhouse dwellings in conjunction with the Block 97 which abuts the lots to the north and east. Schedule 2 illustrates how the lots are proposed to be developed with Block 97. The subject lots are zoned Residential Single Family 1E Density (R1 E-931), in accordance with By-law No. 79-200, in keeping with the layout for single detached dwellings. The zoning of the lots is requested to be changed to the same Residential 2 PBD-2014-57 December 9, 2014 Low Density, Grouped Multiple Dwellings (R4-932) zone that applies to Block 97 to permit them to be developed with townhouse dwellings. Site Conditions and Surrounding Land Uses The subject lots are located in the recently registered Fernwood Phase 3 plan of subdivision (59M-408). The lands are graded and serviced for the construction of single detached dwellings. Surrounding lands are mostly vacant lots for single detached dwellings. The lots abut Block 97 and Block 98 that are intended to be developed for townhouses. Circulation Comments Information regarding the proposed Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional Perspective. The proposed zoning will allow the land to be used more efficiently and will provide for an increased housing choice in the subdivision. • Municipal Works - No objections to the rezoning. There are adequate services in place for the proposed development. The development of the lands will be further addressed through a future condominium application. • Niagara Peninsula Conservation Authority, Legal Services, Building Services, Fire Services, Transportation Services - No objections to the rezoning Neighbourhood Open House A neighbourhood open house was held on November 3, 2014. No neighbours attended the open house to hear the proposal or to ask questions. ANALYSIS 1 . Official Plan The lands are designated Residential by the City's Official Plan and are part of Special Policy Area No. 44 (Fernwood). The Fernwood area is intended to be developed with an integrated housing mix, including single detached and 3 PBD-2014-57 December 9, 2014 townhouse dwellings, with an overall minimum density of 14.8 units per hectare (6 units per acre). The subdivision meets the minimum required density, but is comprised mainly of lots for single detached dwellings. The conversion of five of the single detached lots for townhouse dwelling units will assist in providing housing choices to residents. 2. Zoning By-law The applicant is requesting the R4-932 zoning that applies to Block 97 to be extended onto the subject lands. This zone permits the proposed townhouse dwellings, as well as a low rise apartment dwelling. Placing the subject land under this zone will facilitate the development of the lands with townhouses in conjunction with Block 97. Height restrictions and building setbacks contained in the R4-932 zone will ensure compatibility with abutting single detached lots. A small strip of land along the north side portion of Block 97 is zoned Environmental Protection Area (EPA-933) to provide a natural buffer area for the adjacent woodlot. The R4-932 zone requires a 5 metre building and structure setback from the portion of Block 97 zoned EPA-933 zone to protect the row of trees that exist in this location. The subject lands are not affected by the EPA-933 zone because they are sufficiently removed from them. A Plan of Condominium application is anticipated to allow the division and sale of the townhouse dwelling units that will be built on the subject lots and Block 97. CITY'S STRATEGIC COMMITMENT The proposal does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: & I 0 "- Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2014\PBD-2014-57,AM-2014-009,9275-9311 Shoveller Dr.docx 4 PBD-2014-57 December 9, 2014 SCHEDULE 1 LOCATION MAP Subject Land 1.1176 J LOCK 97 k. OSE-0.%9C't Amending the Zoning By-law No. 79-200 October 2014 Location: 9275-9311 Shoveller Drive Applicant; 800460 Ontario Ltd. AM-2014-009 5 PBD-2014-57 December 9, 2014 SCHEDULE 2 � , r 'z7l-'—l: ! � 1N MSZ,LZN iiN \09� 9 , '3 £ M, I lSS[y 01,81A[ � 4,4 i 54 0, 1 {moi C1 y! N }`.) + 91 l'Z 3.55,9S.ZN NZ J .,..9,§ m . W Z , ,f4 41�i944 . 2 ,� 000MN081 I I 1 I _1\ ,L Ii 13 r._ gI 1 .-� rl--6,--1 Q 1 1.,1. I FO 1—;-0--1 r-e.aa•-•\ I o'A 1i:-----\1 1 ; 1 1 1 \ I Ich ') ,4_1—.4 HI..---t „...‹.14 \ \ Li-4- n --- /t'^\ \\ y W ;; I / c \ T ,i` 59r:1 i /�y oP \\,...-\----'- C9 yew L-1 ,.N' N 11 ;' J I i VO3A,a^ 8igch 1413 li." ,,p, 3 4. 3 , .i, R', '-,') 1 P 0�p .fid I. . ,, I N s,r ^ A '1 ,66,-- i PBD-2014-58 Niagaraaa14 December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-58 26CD-11-2014-003 Plan of Condominium (Vacant Land) Ironwood Street, Block 98, Plan 59M-408 (Fernwood Subdivision Phase 3) Applicant: 800460 Ontario Ltd. (Fred Costabile) Agent: Carmine Agro, Upper Canada Consultants Proposed: 29 Unit Vacant Land Condominium RECOMMENDATION 1 . That the Plan of Condominium (Vacant Land) be draft approved subject to the conditions contained in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 800460 Ontario Limited (Fred Costabile) is proposing to develop Block 98, located on the east side of Ironwood Street in the Fernwood Phase 3 plan of subdivision, as a Plan of Condominium (Vacant Land). The condominium will divide the land into 29 units of land with a common private road, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwellings that are approved to be built on the land. Approval of the application is recommended for the following reasons: • The development is in conformity with the City's Official Plan, permitted by Zoning By-law No. 79-200, as varied by the Committee of Adjustment, and will be compatible with surrounding development and the abutting woodlot; • The condominium will assist in providing housing choices and will contribute to the City's required 3 year short term housing supply; and 2 PBD-2014-58 December 9, 2014 • City and Regional interests will be addressed through the fulfilment of the conditions contained in Appendix 1. BACKGROUND Proposal The applicant is proposing to develop the 1.3 hectare (3.2 acre) property as a Plan of Condominium (Vacant Land). The proposed condominium is comprised of 29 units of vacant land for future townhouse dwellings and includes a private road, visitor parking and amenity areas. Schedule 1 illustrates the design of the project. The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-932) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2011-04. The zoning permits the development of either townhouse dwellings or an apartment dwelling subject to site specific development standards. On October 28, 2014, the City's Committee of Adjustment approved a number of variances (A-2014-023) to the regulations of the Zoning By-law to allow the proposed design. The variances were recommended by the Planning Division and no appeals were received. Surrounding Land Uses The subject land is located next to the City's Urban Area Boundary. As such, agricultural lands are located to the north. A City owned woodlot abuts the subject lands to the east. A vacant block, also intended for townhouse development, is located to the west, while single detached lots (both occupied and vacant) are located to the south and south-west. Circulation Comments • Region of Niagara No objections subject to the incorporation of conditions to address servicing capacity, noise mitigation measures and waste collection. These conditions are included in Appendix 1. • Municipal Works, Fire Services, Canada Post, Niagara Peninsula Conservation Authority, Parks Design No objections. Requested conditions included in Appendix 1. • Niagara Falls Transit No objections. 3 PBD-2014-58 December 9, 2014 ANALYSIS 1. Official Plan The subject lands are designated Residential in the City's Official Plan and are part of a Special Policy Area designation (No. 44) that encompasses the entire Fernwood development. The Special Policy Area designation requires the area to be developed to achieve a minimum density of 14.8 units per hectare (6 units per acre). The development of the subject lands for townhouses assists the subdivision in achieving the required density. The development will also contribute to the required short term (3 year) supply of housing mandated by the Planning Act for future needs. The City has a six year supply. 2. Zoning By-law The property is zoned Residential Low Density, Grouped Multiple Dwellings (R4- 932) with site-specific regulations. This zoning permits the proposed townhouse dwellings. Relief from several zoning provisions was obtained through the Committee of Adjustment (A-2014-023). No appeals were filed. The project complies with the relevant zoning provisions, as varied. 3. Plan of Condominium and Conditions of Approval The plan of condominium will accommodate the intended division of the block into vacant units of land that can be owned separately. The plan will facilitate the sale of the townhomes to be built on them. The plan includes a private common road off of Ironwood Street, visitor parking and amenity areas. The scale, height and setbacks of the proposed dwellings will be compatible with the surrounding housing, the adjacent woodlot and the agricultural area. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. To ensure the protection of the City's woodlot on the lands to the east, the applicant's environmental consultant has recommended limit of work fencing be required along the common lot line prior to construction, with permanent fencing installed prior to occupancy of the dwelling units. Due to the site's proximity to agricultural land, the Region has requested a warning clause be included in the condominium agreement to advise future residents about nearby farming activities. Conditions to address these items are included in Appendix 1 . Lands that are developed as a vacant land condominium are not made subject to Site Plan Control because the development issues including site servicing/grading, landscaping, lighting, fencing, and waste disposal are addressed in the condominium agreement. Appendix 1 includes the recommended conditions of approval including the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. 4 PBD-2014-58 December 9, 2014 FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The application does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Draft Condominium Plan Appendix 1 - Conditions of Draft Plan of Condominium Approval Recommended by: 91)V (11ly►'� Alex Herlovitch, Director of Planning, Building & Development II 1 Respectfu y submitted: *L/4-/4- Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S.\PDR\2014\PBD-2014-58,26CD-11-2014-003,Plan of Condominium Vacant Land.docx 5 PBD-2014-58 December 9, 2014 SCHEDULE 1 Draft Plan of Vacant Land Condominium Block 98, Fernwood Phase 3 Plan of Subdivision 800460 Ontario Inc. File: 26CD-11-2014-003 Location Map N t 1 2353 ------------ 400011„ ..! \ -- _ __<\ \ { 1 \ _,„00 ,--, _ __ ____„ ..., NESTRYCI ,- \\ � t..09- r' ,,, ,,),,, ,,, I t.tisG . • w \ ,,�' ` 'y . ^ t v, c � S � . rte,« ,. 1.-- November-2'014 Subject Land 6 PBD-2014-58 December 9, 2014 SCHEDULE 2 E 'Nd , ROMMEN TAL PROT _ " " ' ., '^. BLOCK 98 a -xi" 411,,1� .441.114111/114 '. . OM • 22 23 --2-----1-----4 iiir:'11111111111- .7 om,..........; Ifai6ifiga—r,- :._ _ ., Hrt . , isA.; 1::.-..o: „,./:._. -__,,,. .,- -L• :25_: : I= 1 Ill IIIMI SE -� � I If I j r . • . - - 7;1 741.-klifSkrft,..* r.` ,. / } arihiaifp "- ti:_ , 6 r - ---:.-_,Ii li A —__ , 0 • Au i 1 r11 1 h � n R 1 i, 7V 1 '90 t Igr t r iii Mg ig. X , Millti _ Ikcwwoop STREET to ' . 1. .h` F T S I Q E ni r i - ,zz c z' f V - U, P t _ RES 1 D E N T A L 7 PBD-2014-58 December 9, 2014 APPENDIX 1 Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated October 20, 2014, showing 29 units of vacant land for townhouses as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium 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 Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submits a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a 1.8 metre high wood fence along the lot line that abuts the single detached lots to the south, and 1.8 metre high chain link fencing (or alternative fencing acceptable to the City and the Niagara Peninsula Conservation Authority) along other lot lines, save and except the west lot line and the Ironwood Street frontage of the property, to the satisfaction of Parks Design. Details of this fencing shall be shown on the landscape plan required by condition 7. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. 8 PBD-2014-58 December 9, 2014 8. The roadways, services, lot grading and construction and streetlighting shall all be designed and constructed in accordance with City standards. 9. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to approval of the plans for construction. 10. The developer pays the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 11. The developer pays to the City the applicable required fees for administration. 12. That the following condition be placed in the Vacant Land Condominium Agreement: "Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conforms with the City's accepted drawings and in accordance with the current City of Niagara Falls Engineering Design Standards manual." 13. The developer submits the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 14. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property, provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code and post the necessary 'no parking' signs. NOTE: parking shall be prohibited on both sides of the access road. 15. The developer provide the necessary drawings to Fire Services and Building Services, to confirm compliance of the development with Section 3.2.5.5(1) of the Ontario Building Code. 16. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 9 PBD-2014-58 December 9, 2014 17. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 18. That a Community Mail Box (CMB) be located on the site to the rear of unit 18, facing the driveway, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 19. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 20. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation and providing mail service information to property owners. 21. The condominium agreement between the developer and the City contain the following clause: "The developer agrees to include the following warning clause in all offers and agreements of purchase and sale: The lands in the Fernwood Phase 3 subdivision are in proximity to lands designated for agricultural uses and, therefore, may be subject to noise, odour, and/or dust from nearby agricultural operations that may interfere with some activities of the dwelling occupants." 22. If curbside waste collection is to be provided by the Region, the draft plan shall conform to Regional Niagara Policy C3.C17 "Collection of Waste by Way of Entry of Private Property" to the satisfaction of the Region of Niagara, and; a. The condominium agreement between the developer and the City include the following clauses: 10 PBD-2014-58 December 9, 2014 "The developer agrees to comply with the Region of Niagara's `Collection of Waste by Way of Entry on Private Property' Policy (C3.C17) and enter into an Indemnity Agreement with the Region." "In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the developer for Units 9, 10, 28 and 29 as indicated on the draft plan of condominium, prepared by Matthews, Cameron, Heywood-Kerry T. Howe Surveying Ltd., dated October 20, 2014. Waste collection pads shall be located 2 metres parallel to the curbside and 1 metre perpendicular to the curbside, with the unit number embossed within the concrete pad." b. That the following clause be included in all Offers and Agreements of Purchase of Sale or Lease for each dwelling unit to survive closing: "In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the developer for Units 9, 10, 28 and 29 as indicated on the draft plan of condominium, prepared by Matthews, Cameron, Heywood-Kerry T. Howe Surveying Ltd., dated October 20, 2014. Waste collection pads shall be located 2 metres parallel to the curbside and 1 metre perpendicular to the curbside, with the unit number embossed within the concrete pad." 23. If waste collection is not to be provided by the Region, the condominium agreement and all Offers and Agreements of Purchase and Sale or Lease for each dwelling unit contain the clause stating that waste collection will be the responsibility of the condominium corporation as follows: "Due to the site layout, waste collection for the development will be provided by the condominium corporation through a private contractor and not the Region." Notes: 1 . Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft subdivision or condominium agreement for the proposed development should be submitted to the Niagara Region Planning and Development Services Department (Development Services Division) for verification that the 11 PBD-2014-58 December 9, 2014 appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 3. As required as part of the following Conditions of Approval, the format for all studies and reports to be submitted to the Niagara Region shall be two hard copies and a PDF digital copy. 24. The developer submit to the Niagara Peninsula Conservation Authority (NPCA), for review and approval, a stormwater management plan for the development that confirms the existing stormwater management infrastructure can support the proposed development. 25. Detailed grading and drainage, stormwater servicing and construction sediment erosion control plans be circulated to the NPCA for review and approval. 26. The sediment erosion control plans identify limit of work fencing along the drip lines of the woodland to the north and east of the subdivision to the satisfaction of the NPCA. The limit of work fencing shall be installed prior to any construction activities and shall remain in place until completion of any construction work, including grading, equipment storage/movement and construction of dwellings. 27. The lot grading adjacent to the woodlands to the north and east maintain existing surface runoff direction in order to maintain existing vegetation and existing grades beneath any drip line areas on site, to the satisfaction of the NPCA. 28. The developer provide fencing along the north and east lot lines to the satisfaction of the NPCA. The fencing shall be installed prior to occupancy of any dwellings. 29. The condominium agreement between the City and the developer contain wording to implement the above conditions, to the satisfaction of the NPCA. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 3 (inclusive) - Legal Services for Conditions 4 and 5 - Parks Design for Conditions 6 and 7 - Municipal Works Department for Conditions 8 to 12 (inclusive) 12 PBD-2014-58 December 9, 2014 - Building Services for Conditions 13 and 15 - Fire Services for Conditions 13 to 15 (inclusive) - Bell Canada for Condition 16 - Enbridge Gas for Condition 17 - Canada Post for Conditions 18 to 20 (inclusive) - Regional Niagara Public Works Department for Conditions 21 to 23 (inclusive) - Niagara Peninsula Conservation Authority for Condition 24 to 29 (inclusive) PBD-2014-60 NiagaraFalls December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-60 AM-32/2005, Official Plan and Zoning By-law Amendment Application Chippawa West Phase 2 — Stage 2 Plan of Subdivision Applicant: Queensway Chippawa Properties Inc. (Metrus Developments) Removal of Holding (H) Symbol RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to remove the holding (H) symbol from By-law No. 2006-205 which zones the subject lands R3(H)-760. EXECUTIVE SUMMARY • By-law No. 2006-205, which amends Zoning By-law No. 79-200, applies a holding (H) symbol to the Chippawa West Phase 2 plan of subdivision. The holding (H) symbol is in place to ensure sufficient servicing capacity exists before the lands are developed. • The applicant is seeking to register a further stage of the subdivision (Phase 2 - Stage 2), consisting of 52 lots for single detached dwellings. • The holding (H) symbol can be removed from the by-law because the Regional Municipality of Niagara and the Ontario Ministry of the Environment are satisfied there is capacity to service this stage. BACKGROUND Proposal Queensway Chippawa Properties Inc. (Metrus Developments) has submitted a letter requesting the removal of the holding (H) symbol that applies to a portion of the Chippawa West Plan of Subdivision, located on the west side of Sodom Road south of Lyon's Creek Parkway. Refer to Schedule 1 to locate the subject lands. In 2006, the Ontario Municipal Board approved Zoning By-law No. 2006-205, which facilitates the development of this subdivision and zones the subject lands Residential Mixed (R3(H)- 760). The subdivision is intended to be developed in stages as servicing capacity becomes available. Two stages have been registered already and the current stage providing 52 lots for single detached dwellings is intended to be registered in the new year. 2 PBD-2014-60 December 9, 2014 Due to the limited servicing capacity in Chippawa a holding (H) symbol was included in the by-law to ensure development would not occur in the subdivision until sufficient water, sanitary and stormwater servicing capacity was available and approvals were received from the City, the Region and the Ontario Ministry of the Environment (MOE). The Region on behalf of themselves and the MOE have indicated that there is servicing capacity for this stage. As such, the developer wishes to proceed and is requesting the holding symbol to be removed from the Zoning By-law so that the lots can be built upon. Circulation Comments The Planning Act requires notice of the removal of a holding (H) symbol to be given to landowners affected by it and any members of the public or agencies that have submitted a written request for notice. In accordance with these regulations, notice regarding the removal of the holding (H) symbol was circulated to the applicant and the Regional Municipality of Niagara. The Region of Niagara has no objections to the request. ANALYSIS The applicant has received the necessary approvals to service this stage of the overall development from the appropriate authorities. There is currently sufficient capacity in the sanitary sewer system to service the 52 lots. As the requirement of the holding (H) symbol has been met, it can be removed from the lands. The holding symbol will remain on the unregistered stages of the draft approved subdivision until sufficient servicing capacity becomes available. The infrastructure works under construction by the Region in the Chippawa area are expected to be complete later next year and will assist in providing servicing capacity for the balance of the subdivision. The processing of this application to lift the holding symbol occurred prior to recent concerns of residents in the subdivision requesting the extension of Emerald Drive southerly from Mann Street to Willick Road. Staff will work with the developer to promote the next phase of the subdivision to be along Emerald Drive. CITY'S STRATEGIC COMMITMENT The request does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map ii Recommended by: Alex Herlovitch, Director of Planning, Building & Development )Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce mb Attach. S:\PDR\2014\PBD-2014-60,Removal of a Holding Symbol,Chippawa West Phase 2 docx 3 PBD-2014-60 December 9, 2014 SCHEDULE 1 LOCATION MAP Subject Land { �o_ z v UAV i 1.4706 P � et- 4- sr QA. SRS Y MANN ST x . k a ,xy 0,,kt a �+ r , � NMONp v .:Sr y+9,L4 `,, 1q O 3 01,.-41.),T414,-'i • i Y, :- tl� ��4'S7$ fie 'A Q -,1- y w,e- �1, W1LLICK RD Amending the Zoning By-law No. 79-200 November 2014 Location: Chippawa Phase 2 Stage 2 Plan of Subdvision Applicant: Queensway Chippewa Properties Inc. AM-32/2005 Dean Iorfida From: Dean Iorfida Sent: Monday, December 01, 2014 11:28 AM To: 'John Bacher' Cc: Jean Grandoni;Andrew Bryce;Alex Herlovitch Subject: RE: Oldflied Road John: I believe you mean December 9th I will note your request to speak on the agenda, however, it should be noted that the matter before Council on December 9th is to lift the Holding provision based on the completed Environmental Site Assessments and filing of the Record of Site Condition, which has concluded that the lands are sufficiently free from contamination for their residential use. The matter on December 9th is not a debate on the merits of the original subdivision application. I will forward you the agenda and related report later this week. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext.4271 905-356-9083 (Fax) From: John Bacher [mailto:pals@becon.org] Sent: Monday, December 01, 2014 11:11 AM To: Dean Iorfida Cc: Jean Grandoni Subject: Oldflied Road This is a note requesting permission to speak on the Oldfield Road subdivision at the next February 9 City Council meeting. I just received notice of this matter from Jean Grandoni. Thanks, John Bacher 1 Dean Iorfida From: Jean Grandoni <resourcesfirst-jeangrandoni@niagara.com> Sent: Monday, December 01, 2014 11:16 AM To: Dean Iorfida Cc: Andrew Bryce; pals@becon.org Subject: Request to speak at Council Dec. 9, 2014 City Clerk, City Hall, 4310 Queen St., Niagara Falls, Ont. Dear Mr. Iorfida: Re: Zoning By-Law 2011-68, North Side of Oldfield Rd. West of Drummond Rd., City File: AM-2010-004 Please be advised that I wish to speak to this by-law on Tuesday, Dec. 9, 2014 when it comes before Council , particularly Condition 40 (Forty) and any other matter arising from my more detailed analysis of the conditions and our settlement. Yours truly, Jean Grandoni (905-356-2962) dated this 1st day of December, 2014. Dean Iorfida From: Alex Herlovitch Sent: Monday, December 01, 2014 2:36 PM To: Andrew Bryce; Ken Mech Cc: Dean Iorfida Subject: FW: Request to speak at Council Dec. 9, 2014 Attachments: OMD Decision.pdf; 2014_08_11 Jean Grandoni Letter from Mountainview.pdf Andrew Thank you for providing the conditions attached to the OMB decision and a copy of the letter sent to Jean in accordance with Condition 40 of the approval. It appears that Mountainview's letter would satisfy the condition. therefore, I will be curious as to what other issue she may have with Condition 40. Alex Jo Planning /» 4 Scanned File: MOUNTAINVIEW HOMES 7 August 2014 Sent Via Registered Mail To; Jean Grandoni Preservation of Agricultural Lands Society R.R. #1 Garner Road Box 1090 Niagara Falls,ON L2E 6S4 St. Catharines, ON L2R 7A3 Further to Condition #40 of OMB Order PL 110520, otherwise known as the Draft Plan Approval of Drummond Oldfield Subdivision in Niagara Falls, please consider this written "notice of the completion of any report or plan pursuant to paragraphs 5(iii), (iv), (v), (vi), and (viii) of the Minutes of Settlement between the City,the Developer and MAH". For your convenience those paragraphs are detailed below. 5 (iii)—That the Developer submit a storm water management plan or report,that includes a detailed lot grading and drainage plan that delineates both the existing and proposed grades, and overland flow routes, for the review and approval of MAH in consultation with the Ministry of Natural Resources ("MNR"). 5 (iv)—That the Developer submit a hydro-geologic plan or report that outlines the existing groundwater regime for the site, for the review and approval of MAH in consultation with MNR. 5 (v)—That the Developer provide a report or plan that sets out the method of maintaining the existing water regime (both quantity and quality) that supports the species at risk.This information could be contained within reports outlined in iii or iv. 5 (vi)—That the Developer submit a report or plan that addresses potential impacts to the species at risk from the adjacent lands, and any mitigation proposed to address potential impacts. 5(viii)—That the Developer submit for review and approval by MAH, in consultation with MNR, monitoring reports following the registration of the Plan of Subdivis o mm VE D each of years 1, 2, 5 and 7, the condition of the Round— Leaved Greenbrie plants in Block "271", and the status of any mitigative measures completed to support its protec M. 1 12014 PLANNING & QE ELOPMENT 3350 MERRITTVILLE HWY UNIT 9 THOROLD ON L2V 4Y6 0 905 688 3100 F 905 688 5524 WWW,MOUNTAINVIEW.COM • Also enclosed for your information is the clearance letter from the Ministry of Municipal Affairs and Housing in consultation with the Ministry of Natural Resources listing their acceptance of our reports and plans completed in order to satisfy each of the above Conditions. Regards, Jon Whyte Develop ent Manager Thundering Waters Development Corporation c.c. Ken Mech, MCIP, RPP- City of Niagara Falls Planning File:,SP c r/t,/ ISSUE DATE: LEGAL SERVICES June 4, 2012 JUN d 7 2012 ; PL110520 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario IN THE MATTER OF subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Jean Grandoni Appellant: Minister of Municipal Affairs and Housing Appellant: Preservation of Agricultural Lands Society (PALS) Subject: Proposed Plan of Subdivision Property Address/Description: West Side of Drummond Road, North Side of Oldfield Road Municipality: City of Niagara Falls . • • • • Municipal File No.: 26T-11-2010-01 $, Filing ) OMB Case No.: PL110520 0 3 r 3 • OMB File No.: PL110520 IN THE MATTER OF subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Jean Grandoni Appellant: Minister of Municipal Affairs and Housing Appellant: Preservation of Agricultural Lands Society (PALS) Subject: Proposed Official Plan Amendment No. 100 Municipality: City of Niagara Falls OMB Case No.: PL110520 OMB File No.: PL110657 IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Jean Grandoni Appellant: Minister of Municipal Affairs and Housing Appellant: Preservation of Agricultural Lands Society (PALS) Subject: By-law No. 2011-68 Municipality: City of Niagara Falls OMB Case No.: PL110520 OMB File No.: PL110658 R E C JUN 1 2 2012 F ' ANNING & DE ..ELOPMENT - 2 - PL110520 APPEARANCES: Parties Counsel`/Agent City of Niagara Falls K. L. Beaman' Thundering Waters Development Corp. E. P. Lustig* Oldfield Development Inc. Ministry of Municipal Affairs and Housing R. Boxma* C. Young* J. Grandoni Dr. J. Bacher Preservation of Agricultural Lands Society (PALS) MEMORANDUM OF ORAL DECISION DELIVERED BY J. P. ATCHESON ON MAY 16, 2012, AND ORDER OF THE BOARD Background This was a hearing in the matter of appeals from a decision of the Council of the City of Niagara Falls adopting Official Plan Amendment 100 and their enacting of Zoning By- law Amendment 2011-68. These documents facilitate a draft plan of subdivision proposal (Municipal File 26T-11-2010-01), by Thundering Waters Development Corp. and Oldfield Development Inc. (Developers) to develop a large residential subdivision in the City of Niagara Falls. The subject lands are located west of Drummond Road on the north side of Oldfield Road in the City of Niagara Falls (City).The proposed subdivision would comprise approximately 260 single detached dwellings, five townhouse blocks, a future condominium townhouse block, and lands described as Block 265, which include a 1.0 acre linear woodland feature. The Ministry of Municipal Affairs and Housing (MMAH), the Preservation of Agricultural Lands Society (PALS), and Ms. J. Grandoni have appealed the decisions of Council. The substance of the Appellants' concerns revolves around a population of Round- - 3 - PL110520 Leaved Greenbrier (Greenbrier) which is identified as a "threatened species" on the Species at Risk in Ontario List which inhabits a portion of these development lands. The appeals were consolidated for the purpose of this hearing. The City of Niagara Falls is the approval authority for Plans of Subdivision in this area. The Board was advised at the commencement of the hearing that the parties had reached a settlement with respect to the issues in dispute as set out in Minutes of Settlements Exhibit 1 between the City, MMAH, and the Developers. Separate Minutes of Settlement were filed with the Board between the City, the Developers, PALS and Ms. Grandoni, as set out at Exhibit 2. The substance of the settlement reached with the assistance of the Board's mediation services is that the Draft Plan of Subdivision has been amended to increase the area around Greenbrier occurrence which is now shown as Block 271 on a revised Draft Plan of Subdivision prepared by Allan J. Heywood O.L.S. and revised dated May 14, 2012, Exhibit 3. Block 271 replaces Block 265 and has been increased in size to about 2.5 acres. The Minutes of Settlement contain additional conditions to be applied to the draft plan approval beyond the conditions originally proposed by the municipality. It is agreed by all parties that these additional conditions are appropriate to properly protect the Greenbrier. Due to the expansion of Block 271, the lot pattern was modified in the revised draft plan dated May 14, 2012. Amendments were also required to the Official Plan Amendment and the Zoning By-law Amendment to reflect the changes in the draft plan and the conditions of draft plan approval reached in the Minutes of Settlement. The revised Official Plan Amendment (Exhibit 5) and the revised Zoning By-law Amendment (Exhibit 6) as well as the additional conditions of draft approval are contained in the Minutes of Settlement and are agreed to by all of the parties. The Board heard uncontradicted testimony from Mr. Richard Brady, a qualified Land Use Planner. Mr. Brady was retained by the Developers to assist them in their project and was involved in the mediation and talks that resulted in the settlement now before - 4 - PL110520 the Board. Mr. Brady opined that the revised Draft Plan of Subdivision, the revised Conditions of Draft Plan of Subdivision approval, the revised Official Plan Amendment, and the revised Zoning By-law Amendment, together represent good planning for this part of the Municipality. He noted that the natural heritage features found on the site, Greenbrier, have been protected to the satisfaction of the Ministry of Natural Resources through the revised planning instruments now before the Board. He noted that full municipal services are available to the subject property and that the lands are located within an area designated for growth within the City. He testified that the revised applications were consistent with provincial policy and in conformity with the Region of Niagara's Official Plan and that the proposed revised Official Plan Amendment would implement the policies of the City's Official Plan. All parties endorse the changes to the planning documents presented to the Board. Findings and conclusions The Board, after carefully reviewing the evidence and submissions made by the parties, makes the following findings: The Board accepts and adopts the evidence of Mr. Brady that the Minutes of Settlement presented to the Board and the revised planning documents, the revised Draft Plan of Subdivision, and the revised Conditions of Draft Plan of Subdivision approval represent good planning and should be approved. THE BOARD ORDERS that the appeals of Ministry of Municipal Affairs and Housing Preservation of Agricultural Lands Society (PALS) and J. Grandoni are dismissed and Official Plan Amendment 100 to the Official Plan City of Niagara Falls is approved as amended and set out in Attachment "1" to this Order, and as amended is approved. THE BOARD ORDERS that the appeals against Zoning By-law Amendment 2011-68 of the City of Niagara Falls by the Ministry of Municipal Affairs and Housing, Preservation of Agricultural Lands Society (PALS), and J. Grandoni are are allowed in part, and the Board directs the Municipality to amend By-law 2011-68 as set out in Attachment "2" to this Order; in all other respect the appeal is dismissed. - 5 - PL110520 THE BOARD ORDERS THAT THE APPEALS of the Ministry of Municipal Affairs and Housing, Preservation of Agricultural Lands Society (PALS), and J. Grandoni are dismissed and the Draft Plan of Subdivision municipal file 26T-11-2010-01 prepared by Allan J. Heywood O.L.S. and revised dated May 14, 2012, and comprising Part of Stamford Township Lot 188 now in the City of Niagara Falls and shown as Attachment "3" is approved subject to the fulfillment of the conditions set out in Attachment "4" to this Order. AND FURTHER THE BOARD on the consent of the parties and pursuant to subsection 51(56.1) of the Planning Act, will direct that the City of Niagara Falls shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plans of subdivision for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Board may be spoken to. This is the Order of the Board. "J. P. Atcheson" J. P. ATCHESON MEMBER -6 - PL110520 ATTACHMENT 1 CITY OF N1AGABA FALLS Dy-law No.2011-67 A by-law to provide for the adoption of Amendment No.100 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND TIM REGIONAL MUNICIPALITY OF NIAGARA ACT,HERESY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 100 to the City of Niagara Falls Official Plan is hereby adopted. Passed this thirtieth day of May,2011. DEAN IORF A,CITY CLERK AMES M.DIODATi MAYOR First Reading: May 30,20I I Sccond Reading: May 30,2011 Third Reading: May 30,201 1 - 7 - PL110520 PART 2-BODY OF THT...MENDMENT All of this part of the document entitled PART 2-BODY OF THE AMEMIDMENT,consisting of the following text and attached map,constitute Amendment No. 100 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1• MAP CHANGE The"Area Affected by this Amendment"shown on the map attached entitled"Map l to Official Plan Amendment No 100"shall be redesignated from Residential and Special Policy Arca 56 to Environmental Protection Area on Schedule"A"of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by deleting Subsection 56 in its entirety and replacing it with the following: 14.56 SPECIAL POLICY AREA"56" Special Policy Area"56"applies to approximately 252 hectares of land located south of McLeod Road and north of Chippewa Parkway, between Stanley Avenue and Dorchester Road. The lands are designated Residential and Environmental Protection Arca. 14.56.1 The Residential policies of this Plan apply to the arca designated Residential with a Special Policy Area designation. Development will occur in accordance with a Secondary Plan to be adopted as an amendment to this Plan.The extent of the Residential designations and Enviromncntal Protection Arca designations may be affected by the environmental and feasibility studies yet to be completed and will be refined through the Secondary Plan process. 14.56.1.1 Notwithstanding that development is to occur in accordance with a Secondary Plan,approximately 23 hectares of land located on the northwest quadrant of Oldfield Road and Drummond Road may be developed in advance of a Secondary Plan by way of a plan of subdivision in accordance with the policies contained in Part 2, Section 1.4, Residential and Sections 14.56.2,14.56.4 and 14.56.5 below. 14.56.2 The Secondary Plan shall address the policies of Part 4,Section 3 of this Plan and the following: 14.56.2.1 Residential design in compliance with the greenfield policies and density targets of the Growth Plan for the Greater Golden Horseshoe and all applicable Growth Management Studies. - 8 - PL110520 • z 14.56.2.2 The separation and buffering of sensitive land uses from existing rail lines and proximate industrial land uses,facilities and designations in accordance with relevant Provincial and Regional policies and regulations and in consultation with industrial properties owners in the area. 14.56.2.3 The availability of adequate municipal services including road,water,sanitary sewer and stormwater management services including the location of a pumping station to service the southern portion of the subject lands. 14.56.2.4 For the purposes of 14.56.2.1 above, the density targets for the Growth Plan for the Greater Golden Horseshoe and all applicable Growth Management Studies will be based on the entire Secondary Plan area and not any individual development. 14.56.3 The Secondary Plan may include design guidelines for public realm facilities including neighbourhood structure, block design, lot size and variety, neighbourhood edge interfaces, local street design guidelines,sidewalks and strcetscaping,parks,trails and open spaces and natural heritage as well as the private realm including building variety and density,setbacks,building height,apartment buildings and parking areas. 14.56.4 The Secondary Plan shall require the completion of the appropriate studies or the receipt of Records of Site Conditions through implementing planning applications. 14,56.5 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. Refinement to the extent of the Environmental Protection Area and Residential designations and the establishment ofappropriate setbacks and linkages will occur at the Secondary Plan,zoning by-law,plan of subdivision,plan of condominium and site plan control stages and shall be based on detailed Environmental Impact Studies. 14.56.6 As part of the Secondary Plan,the proponent shall prepare a report to determine the feasibility of creating a wetland area south of the Con Rail Drainage Ditch to the satisfaction of the Niagara Peninsula Conservation Authority(NPCA). (a) The report will assess the feasibility of satisfying the following criteria: That an area of wetland be created south of the Con Rail Drainage Ditch that is greater than or equal to the area of wetland to be lost north of the Drainage Ditch. The boundary of all wetlands located north of the Con - 9 - PL110520 • -3- Rail Drainage Ditch will be verified in the field by a qualified biologist to accurately assess the area of wetlands to be developed and created. That the wetland created south of the Con Rail Drainage Ditch be constructed to match both the hydrological and ecological functions of any wetlands to be lost north of the Drainage Ditch. (b) In order to determine the feasibility of creating wetlands south of the Con Rail Drainage Ditch,the feasibility report shall include the following items: A detailed assessment of all ea.-thworks and site grading required to facilitate wetland creation on the site. The assessment shall also include a detailed inventory of vegetation to be removed through any required earth works and site grading. A hydrological assessment which will outline and detail the existing hydrologic function of wetlands located north of the Con Rail Drainage Ditch,as well as assess the potential of creating wetlands south of the Con Rail Drainage Ditch. A detailed inventory of all vegetation to be removed from wetlands north of the Con Rail Drainage Ditch, as well as an assessment of habitat conditions and wildlife species utilizing wetland areas north of the Drainage Ditch. (c) No land clearing, vegetation removal or site alteration be commenced within any wetland arca north of the Con Rail Drainage Ditch until all wetland creation works south of the Drainage Ditch arc completed to the satisfaction of the NPCA. 14.56.7 The subject lands will be placed roan appropriate"Holding"category in the implementing zoning by-law in order to control further development in advance of approval of the secondary plan,plans of subdivision/condominium and site plan. S_1OFFmC1ALPLMAMEND% 100-Oki field SubdivisiorABOcY 100.yyd - 10 - PL110520 MAP 1 TO AMENDMENT NO. 100 SCHEDULE - A - TO THE OFFICIAL PLAN I --, Area Affected by this Amendment- Proposed Change from Residential and Special Policy Area "56"to Environmental Protection Area nil�R • 4 lir r j �— i ,ILL OR 0 (, zi- :r' CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE -A-FUTURE LAND USE PLAN N 544 ENVIRONMENTAL PROTECTION AREA ircw.4 INDUSTRIAL w . I OPEN SPACE n RESIDENTIAL S 1:NTS NOIC fidn s schedule fun part of Amendment No.100 to the Official Plan for the City of Niagara Falls AM-2010-004 and it must be read In conjunction with tha written text. ,��4.1 - 1 1 - PL110520 ATTACHMENT 2 CITY OF NIAGARA FALLS By-law No.2011-68 A by-law to amend By-law No.79-200,to guide the development of the Oldfield Plan of Subdivision on the Lands,subject to the removal of a holding(H)symbol on a portion of the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to In this by-law as the "Lands". Schedule 1 is part of this by-law. 2. The Lands shall be identified as ten parcels,known as Parcels R1E-941,R1E(H)-941,R1E- 942,R3-943,R3(H)-943,EPA,OS and NC(H). 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200,to permit the use of the Lands In a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No.79-200,the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No.79-200 to the contrary,the followiig uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses of the Lands shall be: (a) For Parcels R1E-941,R1E(H)-941 and R1E-942,the uses permitted in a RIE zone (b) For Parcels R3-943 and R3(H)-943,the uses permitted In a R3 zone (c) For Parcel EPA,conservation use (d) For Parcel OS,the uses permitted in an OS zone (e) For Parcel NC(H),the uses permitted in a NC zone 6. The regulations governing the permitted uses on Parcels R1E-941 and R1E(H)-941 shall be: (a) Minimum front yard depth (I) For a one family 4.5 metres detached dwelling (ii) for a private garage 6 metres with driveway access from the front yard - 12 - PL110520 -2- (HI) for a private garage 8 metres with driveway access from a front yard that abuts Oldfield Road (b) Minimum exterior side yard 6 metres width for a private garage with driveway access from the exterior yard. (c) The balance of regulations specified for a RIE use 7. The regulations governing the permitted uses on Parcel R1E-942 shall be: (a) Minimum front yard depth (1) for a one family 4.5 metres detached dwelling (II) for a private garage 6 metres with driveway access from the front yard {b) Minimum interior side yard width (i) for a one family 1.2 metres detached dwelling (II) for a garage not 0.9 metres exceeding 1 storey In height (c) Minimum exterior side yard width (I) for a one family detached 3 metres detached dwelling (fl for a porch 1.5 metres (iii) for a private garage 6 metres with driveway access from the exterior side yard (d) Maximum lot coverage 45% - 13 - PL 1 10520 -3- (e) The balance of regulations specified for f11E use 8. The regulations governing the permitted uses on Parcels R3-943 and R301)--943 shall be: (a) Minimum lot area fora one 315 square metres Family detached dwelling (b) Minimum lot frontage for a one Family detached dwelling (I) for an Interior lot 9.5 metres (II) for a corner lot 12.7 metres (c) Minimum front yard depth (f) fora dwelling 4.5 metres {ll} for a private garage 6 metres with driveway access from the front yard (ill) fora private garage 8 metres with driveway access from a front yard that abuts Oldfield Road (d) Minimum Interior side yard width (I) for a one family detached 1.2 metres dwelling,semi-detached dwelling or duplex dwelling (it) for an on-street 2 metres townhouse dwelling. triplex dwelling or quadruplox dwelling (ill) for a garage not exceeding 0.9 metres 1 storey in height - 14 - PL11O52O -4- (e) Minimum exterior side yard width (i) for a dwelling 3 metres Of) for a porch 1.5 metres (ill) for a private garage 6 metres with driveway access from the exterior side yard (f) Maximum lot coverage 50% (g) The balance of regulations specified for an R3 use 9. The regulations governing the permitted uses on Parcel 05 shall be the regulations specified for an OS use. 10. The regulations governing the permitted uses on Parcel NC shall be the regulations specified for an NC use. 11. For the purpose of this by-law"conservation use"means the use of land and/or water for the purpose of planned management of natural resources. 12. All other applicable regulations set out in By-law No.79-2000 shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. 13. No person shall use the Lands for a use that Is not permitted use. 14. No person shall use the Lands in a manner that is contrary to the regulations. 15. The holding(H)symbol that appears on Schedule 1 attached hereto Is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the Lands described In section 1 of this by-law and shown hatched and designated R1E(H)and numbered 941,R3(H)and numbered 943 or NC(H)on the plan Schedule 1 attached hereto for any purpose,prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed,the landowner or developer shall complete the necessary Environmental Site Assessments and file a Record of Site Condition(RSC),signed by a qualified person,In the Environmental Site Registry,and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC. - 15 - PL110520 -s- 16. The provisions of this by-law shall be shown on Sheet C6 of Schedule"A'of By-law No. 79-200 redestgnating the Lands from LI.to R1E and numbered 941,In part,R1E(H)and numbered 941,In part,R1E and numbered 942,In part,R3 and numbered 943,in part, R3(H)and numbered 943,in part,EPA,In part,05,In part,and NC(H),In part. 17. Section 19 of By-law No.79-200 is amended by adding thereto: 19,1,941 Refer to By-law No 2011- 68. 19.1.942 Referto By-law No 2011- 68. 19.1.943 Refer to By-law No 2011- 68. 19.1.944 Refer to By-law No 2011- 68. - 16 - PL11O52O • SCHEDULE 1 TO BY-LAW No. 2011-68 Subject Land = V4 ' 1-:-----I 111111If RID ALUM r NM 11111-12 "Iiii 111.....1 In tailor --, -Ng rimill 111111120m= Ulla IA . all MA= mill r il, .... ........- ..... ... NEM nrofg sou" 44 4111.1.111111 AkS4.11. --,.:-: mill I. s imiteri ��-- 40.93m '�" .S_ l/► ' RIR,:941 \o fEnn AH ,� iimuS , M60.43. /i \ M� a_ r .,N16' ' 6' ``�; �� / 'EPA' \\.' . �� R3 43 10 �a ..,.„,,,, '� 7.%. __ _RAE 942--g' Jt RIE f Srn 1,� 6 . ► 13. 92:1Ln J ..i _. ► pi- .gi II 1 ->%.:61291 ,_, a ii 942 : ..... ti ,{e ._ F. / R3 943 PM,.0.1411 miii -1/W2, � eF}Iiiii a=7 \�,\\\�1�l 1 �• 7: 115@=!s! lrmi577 44w OLDFIEt.D RD _�-- 112.62m tlo.)4n 3-5,000 — •R1E' .(H); 941, Amending Zoning By-law No. 79-200 Description: Pcl 188-2 Sec 59-Stamford;Pt Twp Lt 188 Stamford Pt 1 To 5,59R7852;Niagara Falls Pt Twp Lt 188 Stamford As In RO222044;Niagara Falls Pt Twp Lt 188 Stamford As In RO466010;Niagara Fails N Pt Twp Lt 188 Stamford Pt 1,59R11982; Niagara Falls Pt Twp Lt 188 Stamford As In ST54261;Niagara Falls Pt Twp Lt 188 Stamford As In RO491337;Niagara Falls Applicant: Drummond-Oldfield Developments Inc.and 5 The City of Niagara Falls 1:NTS Assessment#'s: 272511000115500; 272511009115501;272511000103800;272511000103700; 272511000103900;272511000104000;272511000104100;272511000104200; AM-2010-004 272511000104300 W.V Tt Gnn....1a0(11111,1,wA,.1.17nnlnnYM\.A M.Mlmanninn man M.en,11, - 17 - PL110520 ATTACHMENT 3 --.t III y; 1 I N€ii , pl-i11 '; .1�-1 io 1 11 Pi ,ii./1 o . 1 r :11I�I� z ¢ie .� .1�.i:Y1:.]L !I 11;/ 148 —a-7,1 arae v,a•hn= -- 7 -I- L- ...... „_. ......... M f 1 zalgth31:it 7*-- . ra V ,•1■ !-.� J �: tofi ;I:);1111141-ii Et 411.1 I N ....g.,.,, 1 . lik. .p.ros ..i.- aAr %,i; , Vall ,,.. SI11:CPUCMYY-4g Io .t i 3 11— imml's .14 - VIC:;CCC ; 4 tis� ccccCC• �il[ina, g it b li<itCCC 1.'1, ` "CMS arl I F. C . . . .40,11to i 1 I k / , x)11j eror eeffE mese J - 18 - PL110520 ATTACHMENT 4 Conditions for Draft Plan Approval Approval applies to the Oldfield Draft Plan of Subdivision prepared by Upper Canada Consultants Ltd.,revised May 14,2012,showing 255 lots for single-detached dwellings, 16 blocks for on-street townhouse dwellings (74 units total), 1 block for future development, I block for environmental protection, I block for stormwater management and I block for road widening or as modified by condition No.32. 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 which,in part,includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 7 metre legs at the intersection of Oldfield Road and the two intersecting collector roads,Drummond Road and the intersecting collector road and at the intersection of the two collector roads (abutting lots 98 and 233),and 5 metre legs at all other intersections; (c) upgrading adjacent portions of Drummond Road and Oldfield Road to a minimum rural road(semi-urban)section in accordance with City standards; (d) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (e) dedication of a 3.05 metre road widening(Block 274)to the City along the north side of Oldfield Road; (f) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010,as amended; (g) sump pumps to discharge to the storm sewer, (h) provision of an overland stormwater flow route;and (i) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010,as amended. 5. The Developer submit a Geotechnical report prepared by a Soils Consultant to the City for review and approval. 5. The Developer construct the entrance to the walkway, Block 272, including any necessary speed control devices on the adjacent street, to the satisfaction of Transportation Services or relocate this walkway to the satisfaction of Transportation Services. - 19 - PL110520 -2- 7. The Developer construct sidewalks' to City standards along Oldfield Road and Drummond Road abutting the subdivision, on both sides of collector roads and on one side of all roads with a right-of-way width of 20 metres. 8. The Developer provide speed control devices in the subdivision to the satisfaction of the Transportation Set-vices. 9. The Developer submit servicing plans showing road widths/curb radii to Fire Services for review and approval. 10. The Developer demonstrate to Fire Services'satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 11. That the applicant provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into the Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak lots have been completed. 12. The Developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. • 13. The Developer pay the City cash-in-lieu of 5%parkland dedication, 14. The Developer grant the City and Public Utilities any easements required to service the subdivision. 15. The Developer contribute funds to provide boulevard trees in accordance with City • policy. 16. The Developer provide three calculated plans and a letter prepared by au Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By-law. 17. The Developer provide five copies of the pre-registration plan to Planning Sc Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 18. 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 - 20 - PL110520 -3- 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). 19. 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. 20. 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 for buildings and complexes with a common lobby,common indoor or sheltered space). 21. 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. 22. 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. • 23. 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. • 24. The Developer submit a copy of the lot grading and drainage plan,showing existing and final grades, to Hydro One for review and approval. Drainage must be controlled and directed away from the hydro transmission corridor. 25. The Developer install temporary fencing prior to the start of construction and permanent fencing of a type specified by Hydro One after construction is completed, both at the Developer's expense,along the boundary of the Hydro One transmission corridor. Note: City is to contact Hydro One to obtain licensing for any proposed recreational use of the con-idor. 26. That the Developer acknowledge that the hydro transmission corridor is not to be used without express permission of Hydro One Networks Inc. on the behalf of ORC.During - 21 - PL110520 • -4- construction there will be no storage of materials or mounding of earth,snow or other debris on the transmission corridor.The proponent will be responsible for restoration of any damage to the transmission corridor or Hydro One facilities thereon resulting from construction of the subdivision. Note; The transmission lines abutting this subdivision operate at 500,000,230.000 or 115,000 volts.Section 186-Proximity-of the Regulations for Construction Projects in the Occupational Health and Safety Act,require that no abject be brought closer than 6 metres(20 feet)to an energized 500 kV conductor.The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware,and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can be raised and lowered without warning,depending on the electrical demand placed on the line. 27. Prior to final approval of the plan, detailed lot grading and drainage plans,delineating both existing and proposed grades and the means whereby major system flows will be accommodated across the lands, shall be submitted to the Niagara Peninsula Conservation Authority for review and approval. 28. Prior to final approval of the plan, detailed sedimentation and erosion control plans explaining methods proposed for (a) the control of silt and erosion during the construction phase and (h) restoratioh proposed for the site after construction, be submitted to the Niagara Peninsula Conservation Authority for review and approval. 29. That a Stormwater Management Plan be prepared by a qualified professional engineer in compliance with the Ministry of Environment and Energy's"Stormwater Management Practices and Planning Design Manual", June, 1994, and the "Stormwater Quality Guidelines for New Development",(as amended)be submitted to the Niagara Peninsula Conservation Authority for review and approval. 30. That the Developer agree in the executed subdivision agreement to implement all plans and required works arising from meeting Conditions 27 to 29 inclusive as noted above. 31. That within 60 days of draft plan approval the owners acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 32. That within 60 days of draft plan approval, the owners shall provide the Regional Development Services Division 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 - 22 - PL11O52O -5- clause be inserted in the subdivision agreement between the owners and the City of Niagara Falls. 33. That the design drawings for the sanitary sewer and stormwater drainage system required to service this development be submitted to the Regional Development Services Division for review and approval. Note: The stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch,Toronto). 34. That prior to final approval of the plan of subdivision for registration, Ministry of the Environment Certificates of Approval for the necessary servicing for the development shall be obtained to the satisfaction of the Regional Development Services. 35. That prior to approval of the final plan, the owners shall submit to the Regional Development Services Division and the City of Niagara Falls a Phase 2 Environmental Site Assessment (ESA) prepared by a qualified person in accordance with Ontario Regulation 153/04 of the Environmental Protection Act. 36. That upon completion of the Phase 2 ESA, including remediation of the property,if • necessary, a Record of Site Condition (RSC) shall be filed on the Ministry of the Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 and a copy shall be provided to the Regional Development Services Division and the City of Niagara Falls with a copy of the Ministry's written acknowledgement of the filing of the RSC. 37. That no disturbances of the site occur until the ESA required in accordance with the above conditions has been completed. 38. That a warning clause be included in the Subdivision Agreement and all Agreements of Purchase and Sale or Lease that advises the prospective purchasers of nearby industry and that operations may occasionally cause nuisance by way of noise, odour, or dust, which may interfere with some activities of the dwelling occupants. 39. That the Developer will undertake best efforts to remove any live amphibians found prior to and during construction on the subject lands to a safe area designated Environmental Protection Area ("EPA") on the subject lands, or if necessary to the lands designated EPA south of Oldfield Road. 40. That the Developer will provide(a)notice of completion of any report or plan completed pursuant to paragraphs 5 (iii), (iv), (v), (vi), and (viii) of the Minutes of Settlement between the City,the Developer and MAH,and(b)notice at least seven(7)clays prior to any removal taking place pursuant to Clause 2(i),to Jean Grandoni and PALS by email at resaurccsfirst-jeartgrandoniWinRara.cotn and palma becon.org,as well as by mail at: -23 - PL110520 -6- Jean Grandoni Preservation of Agricultural Lands Society R.R.#1 Garner Road Box 1090 Niagara Falls,ON 1.2E 6S4 St.Catharines,ON L2R 7A3 41. That BIock "271" as shown on the attached revised plan is zoned "Environmental Protection Area"("EPA"). 42. That Block "271" be transferred into public ownership for a nominal sum. If MAH determines, at its sole discretion,and confirms in writing that Block"271"is no longer required to be in public ownership, then the City may re-convey Block "271" to the Developer. 43. That in the event that the Minister of Municipal Affairs and Housing ("MAH") determines Block"271" is no longer required to be in public ownership,an application shall be made to the Council of the City and approved to rezone and redesignate the land under the Official Plan prior to any transfer of Block"271"out of public ownership. 44. That the Developer submit a storm water management plan or report, that includes a detailed lot grading and drainage plan that delineates both the existing and proposed grades, and overland flow routes, for the review and approval of MAH in consultation with the Ministry of Natural Resources("MNR"). 45. That the Developer submit a hydro-geologic plan or report that outlines the existing ground water regime for the site, for the review and approval of MAH in consultation with MNR 46. That the Developer provide a report or plan that sets out the method of maintaining the existing water regime (both quantity and quality) that supports the species at risk. This information could be contained within reports outlined in paragraphs 44 and 45. 47. That the Developer submit a report or plan that addresses potential impacts to the species at risk from the adjacent lands,and any mitigation proposed to address potential impacts. 48. That the Developer construct a chain link fence around the perimeter of Block"271"and provide for signage as required by the City. 49. That the Developer submit for review and approval by MAH,in consultation with MNR, monitoring reports following the registration of the Plan of Subdivision indicating in each of years 1,2,5 and 7,the condition of the Round-Leaved Greenbrier plants in Block "271",and the status of any mitigative measures completed to support its protection. 50. That the Developer agrees that the recommendations contained in the apprcried versions of the plans or reports identified in paragraphs 44,45,46 and 47 shalt be included in the subdivision agreement. PBD-2014-59 Niagarapflls December 9, 2014 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-59 AM-2010-004, Official Plan and Zoning By-law Amendment Application Oldfield Plan of Subdivision Applicant: 800460 Ontario Limited (Fred Costabile) Agent: Eric Henry Removal of Holding (H) Regulations RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to remove the holding (H) symbol from By-law No. 2011-68 which zones the subject lands R1E(H)-941 and R3(H)- 943. EXECUTIVE SUMMARY • By-law No. 2011-68, which amends Zoning By-law No. 79-200, applies a holding (H) symbol to a portion of the land in the Oldfield plan of subdivision. The holding (H) symbol is in place to ensure that necessary Environmental Site Assessments are completed and a Record of Site Condition is registered with the Ministry of the Environment prior to the lands being developed. • The holding (H) symbol can be removed from the by-law and lifted from the subject lands because the applicant has completed Environmental Site Assessments and has filed a Record of Site Condition which concludes that the lands are sufficiently free from contamination for their residential use. BACKGROUND Proposal 800460 Ontario Limited (Fred Costabile) has submitted a letter requesting the removal of the holding (H) symbol that applies to a portion of the land in the Oldfield plan of subdivision. Refer to Schedule 1 to locate the subject lands. Zoning By-law No. 79- 200, as amended by By-law No. 2011-68, zones the subject lands Residential Single Family 1E Density (R1 E(H)-941), in part, and Residential Mixed (R3(H)-943), in part. The lands known as 7711 and 7725-7739 Drummond Road, abutting the subject lands to the east, are owned by Provincial Maintenance Inc. and are used by a company that paints lines on roads. Vehicles and materials associated with this use were formerly stored on a small portion of the lands that are part of the draft plan of subdivision. To 2 PBD-2014-59 December 9, 2014 ensure the lands were not contaminated prior to their change of use, a holding (H) symbol was included in the Zoning By-law to require the completion of the necessary Environmental Site Assessments and the filing of a Record of Site Condition with the Ontario Ministry of the Environment (MOE). The developer has completed Phase 1 and 2 Environmental Site Assessments and has filed a Record of Site Condition with the MOE which indicate the land conforms to Provincial standards and is suitable for residential use. As such, the applicant is requesting the holding (H) symbol to be removed from the lands to permit the development of the lands in the subdivision. By-law No. 2011-68 also places a holding (H) symbol on 7711 and 7725-7739 Drummond Road. These lands have been zoned Neighbourhood Commercial (NC(H)) and are intended for local serving commercial uses once the maintenance uses ceases and the holding (H) symbol is lifted. These lands have not been included in this report or the amending by-law as the applicant does not own these lands and has not included them in his request. Circulation Comments The Planning Act only requires notice of the removal of a holding (H) symbol to be given to landowners affected by it and any members of the public or agencies that have submitted a written request for notice. In accordance with these regulations, notice regarding the lifting of the holding (H) symbol was circulated to the applicant and the Regional Municipality of Niagara. The Region has no objections to the request. ANALYSIS The submitted studies indicate potential levels of contamination are within Provincial standards and state the lands are acceptable for residential and neighbourhood commercial use. The MOE has acknowledged receipt of the Record of Site Condition. No further measures are recommended. As the requirements of the holding (H) symbol have been met, they can be removed from the Zoning By-law. CITY'S STRATEGIC COMMITMENT The request does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development 24/6-1 Respectfully submitted: ) Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2014\PBD-2014-59,Removal of a Holding Symbol,Oldfield Plan of Subdivision,AM-2010-004.docx 3 PBD-2014-59 December 9, 2014 SCHEDULE 1 LOCATION MAP Subject Land Q - '� v LAI ":\t^:"---(1. .-4 .. Cr V„7 .E.---' 1._ eE a`ter ll - l ,� N1YLS0�, z WII�iZQEGR1 T /7/7i= ___ ______________, _ . _______,- _____________________ 1 lira a , te -f „,..,..„....-- i . 11111111 MoD DR o t 70 3 �YY 3 C Z 1 C x - a --i Ir 1 1111--1 wry Ciale14.RD_ ----- . _.....- i ` .----*------:./. s' /! r� Amending the Zoning By-law No. 79-200 November 2014 Location: North Side of Oldfield Road West of Drummond Road Applicant: 800460 Ontario Ltd. AM-2010-004 C) O C Z_ C) i 0 Z ko 4 Minister µ ; Ministre of Veterans Affairs des Anciens Combattants Ottawa, Canada K1 A OP4 ,t-I.= : 4-,-; .-: - - - N0V 212014 Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: I am pleased to inform you that Veterans Affairs Canada has approved a grant of an amount not to exceed fifty percent of eligible costs, up to a maximum of$15,400, to the City of Niagara Falls, under the Cenotaph/Monument Restoration Program. This contribution is to fund part of the costs associated with the restoration of the Krupp M-16. Very shortly, we will send you two original copies of a Contribution Agreement for signature. The agreement sets out the conditions that must be met before we can release the funds. Please note that one of these conditions is that you obtain approval from Veterans Affairs Canada before making any announcement related to this project. I would encourage you to read carefully the section on communications roles and responsibilities. Veterans Affairs Canada, through the Canada Remembers Program, endeavours to keep alive the achievements and sacrifices made by those who served Canada in times of war, armed conflict and peace and to promote an understanding of the significance of these efforts in Canadian life as we know it today. .../2 Cana a - 2 - Cenotaphs and monuments are silent but powerful reminders of what our Veterans accomplished and sacrificed for all of us. To maintain the faith our Veterans placed in our future, we must maintain monuments to their memory and care for them with the dignity and grace they deserve. I am pleased that the Department is able to assist the City of Niagara Falls in conserving its memorial for future generations. I wish you every success in this endeavour. Sincerely, Hon. Julian Fantino, PC, MP x m U) 0 r c -I0 z I �44.7. CITYOF _►CANADA_ NIAGARA FALLS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the 2015 Niagara Icewine Festival is scheduled for January 23 - 25, 2016 at the Scotiabank Convention Centre(S.C.C.); and WHEREAS the event will feature 15 wine stations, 12 culinary stations and live entertainment; and WHEREAS the municipality is the owner of the S.C.C.; and WHEREAS it is in the municipality's best interest that the S.C.C. be regularly occupied with events for the enjoyment of visitors and residents alike; and WHEREAS due to fact that the event organizer is neither a charity or not-for-profit organization, to obtain a Special Occasion Liquor Licence(SOP)from the Alcohol&Gaming Commission of Ontario (AGCO),the event requires a resolution of Council recognizing it as an event of municipal significance; and WHEREAS the event is significant in that it will bring in attendees from throughout the Niagara Region, Southern Ontario and Western New York in the shoulder season. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2015 Icewine Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to amend By-law No. 2005-112, being a by-law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster- resilient community. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law No. 2005-112, as amended, is further amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014. Second Reading: December 9, 2014. Third Reading: December 9, 2014. APPENDIX "A" CITY OF NIAGARA FALLS EMERGENCY PLAN Niag araCall s N ., t) :, Enacted under By-law No. 2005-112, as amended. Revised: 2014 City of Niagara Falls Emergency Plan 2014 Table of Contents Page 1 1.0 Introduction Page 2 1.1 Legal Authority 1.2 Emergency Response Plan 1.3 Emergency Planning Assumptions 2.0 Emergency Operations Page 5 2.1 Emergency Operations Centre 2.2 Emergency Site Operations 2.3 Emergency Support Operations 3.0 Incident Management System Page 7 3.1 Emergency Operations Centre Management Team 3.2 Emergency Operations Centre General Staff 4.0 Emergency Declarations Page 10 4.1 Municipal Emergency Declaration 4.2 Regional Emergency Declaration 4.3 Provincial Emergency Declaration 5.0 Emergency Information Page 12 5.1 Municipal Emergency Information 5.2 Regional Emergency Information 6.0 Recovery and Assistance Page 13 6.1 Recovery Plan 6.2 Emergency Assistance 7.0 Training and Exercises Page 14 7.1 Training Responsibility 7.2 Training Products 7.3 Exercise Responsibility 7.4 Exercise Types 8.0 Maintenance and Distribution Page 15 8.1 Plan Maintenance Responsibility 8.2 Plan Distribution Table of Contents • Page 1 City of Niagara Falls Emergency Plan 2014 . . . 1 .0 Introduction This Emergency Management Plan will guide the Corporation of the City of Niagara Falls in managing an appropriate response to any emergency situation either occurring within or impacting within regional boundaries. 1 . 1 Legal Authority In the Province of Ontario municipalities are mandated and empowered to prepare for, respond to and recover from emergency situations as follows: Emergency Management and Civil Protection Act (R.S.O. 1990) This legislation requires that all municipalities within the Province of Ontario have both an Emergency Management Program and an Emergency Plan (Sections 2.1 and 3.1 respectively). Both the Program and the Plan must be empowered by municipal by-law. Ontario Regulation 380/04 This regulation sets in place the standards for municipal emergency management programs and details the essential program components. Those essential components include the following: • Emergency Program Coordinator • Emergency Program Committee • Emergency Control Group • Emergency Operations Centre • Emergency Information Officer • Emergency Response Plan Municipal By-Law Through ratification of by-law #2005-112 (revised 2014), the Council of the City of Niagara Falls has empowered an Emergency Management Program, this Emergency Management Plan and the authority to enter into Emergency Mutual Assistance Agreements under the authority of the above legislation. Table of Contents • Page 2 Emergency Program Coordinator The responsibility for coordination of the City of Niagara Falls emergency management program is assigned to the staff of the Fire Department. The Fire Chief serves as the Community Emergency Management Coordinator (CEMC) with the Deputy Chiefs (2) serving as Alternate CEMCs. Emergency Program Committee The Community Control Group serves as the City of Niagara Falls emergency program committee. 1 .2 Emergency Response Plan This Emergency Management Plan meets the expectations of the emergency response plan requirement under provincial mandate. This Plan will define: • An emergency within the municipal context, • The emergency incident management structure • The emergency operations structure • The procedure for declaring an emergency to exist, and • The emergency assistance structures that may be employed This Plan has been designed to be flexible and adaptable to any emergency or crisis situation. However, in order for it to be operationally sound, identified municipal departments, emergency services and other key stakeholder agencies must: • Maintain familiarity with the Plan contents • Remain committed to participation in annual mandated training and exercises • Ensure any required supporting or departmental plans are in place as required • Contribute to the annual Plan review to ensure its contents remain current This Plan is supported by operational emergency plans, procedures, or protocols as required by assisting departments, emergency services, and associated agencies. Definition of Emergency The Emergency Management & Civil Protection Act defines emergency as: "a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise." Therefore, any situation occurring within or impacting within the City of Niagara Falls that meets the above definition may precipitate the activation of this Plan. Emergency Plan Alignment Because the Niagara Region is an upper tier municipality, it provides region wide services to the twelve local area municipalities. Therefore, it is essential that the Regional Emergency Plan align with this Emergency Plan, specifically as it relates to the provision of regional services during emergency situations. To this extent it is a requirement of the Emergency Management & Civil Protection Act that the emergency plans of a lower tier (local area municipality) conform to the emergency plan of the upper tier municipality and are to have no effect to the extent of any inconsistency (Section 5). Emergency Plan Activation This Plan is considered activated at any time Emergency Operations Centre personnel are instructed to assemble and conduct operations under the Incident Management System. Emergency Plan Solidarity Any time this Plan is activated, all decisions made and actions taken by Emergency Operations Centre personnel from that point forward are made under the authority of the EOC Director as empowered by provincial legislation. All contribute to the decision making process during emergency operations within their defined role. However, once any decision is made by the EOC Director under the Incident Management System, all agree to collectively support that decision under public scrutiny from that point forward. 1.3 Emergency Planning Assumptions This Plan has been developed based on the following assumptions: Normal Emergency Operations In the course of normal business operations, various municipal departments may be required to respond to an impeding threat and/or hazardous situation. A normal emergency event is one that can be effectively managed and mitigated by a department operating independently or in coordination with other departments. When these events occur normal emergency operations are conducted and do not require activation of this Plan. Rapid Escalation Emergencies An emergency event within the context of this Plan may occur with little or no warning and escalate in short order. When these events occur, immediate management of the event rests with the emergency services or municipal departments with jurisdiction over the event where it occurs. Control of these events and their impact on the community at large remains with the site response personnel until such a time that a local municipal Emergency Plan is activated. • Page 4 • Extra-Ordinary Emergency Measures An emergency event that overwhelms or threatens to overwhelm municipal resources (response capacity) and that has a significant impact on the community at large will precipitate the activation of this Plan. When these events occur, the overarching aim of this Plan is to provide the foundation for effective and appropriate municipal control of extra-ordinary actions and measures that must be taken to mitigate the emergency. 2.0 Emergency Operations Emergencies require a controlled and coordinated response effort by multiple agencies, under the direction of appropriate officials. For these emergency operations to be successful, clear lines of control, communication and reporting must be established and maintained between the various locations and stakeholder groups. Emergency operations may be conducted at any of the following locations. 2. 1 Emergency Operations Centre An Emergency Operations Centre (EOC) serves as the communications hub for the control, facilitation and administration of any emergency response from multiple agencies. Emergency Operations Centre(s) can exist at three levels of government in the Province of Ontario applicable to the City of Niagara Falls as follows: • Municipal Emergency Operations Centre(s) • Regional Emergency Operations Centre(s) • Provincial Emergency Operations Centre Municipal Emergency Operations Centre The Municipal Emergency Operations Centre is where the local response to any emergency event is managed within or impacting within local boundaries. Recognizing that an emergency can occur at any location, the City of Niagara Falls has designated and equipped both a Primary and Alternate location at two geographically distanced facilities. • Page 5 • Regional Emergency Operations Centre The Regional Emergency Operations Centre is where the regional response to any emergency event is managed occurring within or impacting within regional boundaries. Recognizing that an emergency can occur at any location, Niagara Region has designated and equipped both a Primary and Alternate location at two geographically distanced facilities. Provincial Emergency Operations Centre This is the location where Provincial Government staff and Provincial Ministry Actions Groups (MAG) co-ordinate the Provincial response and support to any localized emergency occurring within or impacting the Province of Ontario. The Provincial Emergency Operations Centre is located in Toronto and maintained by Emergency Management Ontario. 2.2 Emergency Site Operations During any emergency situation where the hazard location is specific and identifiable, emergency responders will congregate where the emergency exists and work together to accomplish the following: • Protect the life, health and safety of emergency response personnel • Protect the life, health and safety of the public • Mitigate/remove the danger/hazard presented by the emergency • Where possible minimize damage to personal property • Restore the site to its pre-emergency condition These emergency site operations are controlled and coordinated to make the most efficient use of personnel and equipment, and may be operated with the support of an Emergency Operations Centre. 2.3 Emergency Support Operations During any emergency situation various emergency support operations may be required based on the hazard and its impact on the community. These support operations may be located within the emergency site, adjacent to the emergency site or at other locations within the community and may include: • Evacuation/Reception Centre(s) • Assisting Departmental Operations Centres (DOCS) • Cooperating Agency Emergency Operations Centres • Equipment Staging Areas and other support locations as required • Page 6 • 3.0 Incident Management System Upon assembly, the City of Niagara Falls Emergency Operations Centre personnel will assume and perform functional roles under the Incident Management System model of operations. Best Practices The Incident Management System is the best practices model of emergency operations. It is comprised of a standardized model that is flexible, scalable and adaptable to any situation. The model includes clearly defined roles and accountabilities to manage the use of personnel, facilities, equipment, and any other required resources during any emergency. The IMS model of operations is supported by Niagara Region working in cooperation with the twelve Local Area Municipalities. It is also the model of operations for emergency management agencies of the Provincial Government and its member Ministries. 3. 1 Emergency Operations Centre (EOC) Management Team The EOC Management Team is responsible for overall emergency policy and coordination; public information and media relations; agency liaison; and risk management procedures, through the joint efforts of local government agencies and private organizations. The Incident Management Team is composed of the following positions: • EOC Director • Deputy Director • Liaison Officer • Information Officer • Risk Management Officer • Operations Section Chief • Planning Section Chief • Logistics Section Chief • Finance /Admin Section Chief EOC Director The EOC Director has overall authority and responsibility for the activities of the EOC, and for ensuring organizational effectiveness. The EOC Director is also responsible for direct supervision of the EOC Management Team, and may choose to appoint a Deputy Director to act on his/her behalf when required. The EOC Director, in conjunction with the EOC Management Team, sets out priorities and objectives for each operational period and ensures they are carried out. Additional responsibilities of the EOC Director include liaising with the Policy Group and approving emergency information releases. • Page 7 • Risk Management Risk Management is responsible for monitoring, assessing and recommending modifications to safety conditions and halting unsafe operations in the EOC. Risk Management also provides legal support and identifies liability and loss exposures to personnel and property. Liaison Officer The Liaison Officer is responsible for inviting required or requested agencies to the EOC, as identified by the EOC Director and EOC Management Team, and for maintaining contact with external agencies and other EOCs. Information Officer The Information Officer is responsible for establishing and maintaining media contacts; preparing new releases; coordinating interviews, news conferences, or media briefings; developing public information materials; providing messaging to the public; establishing communications strategies for internal and external purposes; and liaising and coordinating messages with other Information Officers. Operations Section Chief The Operations Section Chief oversees the Operations Section and usually represents the lead agency involved in the response and recovery efforts. Planning Section Chief The Planning Section Chief oversees the Planning Section. The Planning Chief does not have to represent the lead agency involved in the response or recovery efforts. Ideally the Planning Chief should be knowledgeable of the municipality's geography, capabilities of its various departments / agencies, resource capabilities and infrastructure. Logistics Section Chief The Logistics Section Chief oversees the Logistics Section and ensures the overall Logistics function is carried out in support of the EOC Action Plan. The Logistics Chief does not have to represent the lead agency involved in the response or recovery efforts. Ideally the Logistics Chief should be knowledgeable of the municipality's various departments/agencies, resource capabilities and infrastructure. Finance & Administration Section Chief The Finance and Administration Section Chief oversees the Finance and Administration Section. This position has both financial and management responsibilities and does not have to represent the lead agency involved in the response or recovery. • Page 8 • 3.2 Emergency Operations Centre (EOC) General Staff Operations Section The Operations Section is responsible for overall emergency site support. This includes gathering current situation information, sharing it with the Incident Management Team as appropriate and coordinating resource requests from the site level. The Operations Section may be comprised of the following positions: • Operations Section Chief • Fire Branch Coordinator • Police Branch Coordinator • EMS Branch Coordinator • Emergency Social Services Branch Coordinator • Public Health Branch Coordinator • Public Works Branch Coordinator • Utilities Branch Coordinator • Transit Branch Coordinator Planning Section The Planning Section is responsible for collecting, processing, evaluating and displaying information within the EOC and maintaining all EOC documentation. The Planning Section is also responsible for anticipating long range planning needs including the demobilization and recovery phase. The Planning Section may be comprised of the following positions: • Planning Section Chief • Situation Unit Coordinator • GIS Unit Coordinator • Resources Unit Coordinator • Documentation Unit Coordinator • Advance Planning Unit Coordinator • Demobilization Unit Coordinator • Recovery Unit Coordinator • Technical Specialists Unit Coordinator Logistics Section The Logistics Section provides and acquires resources requested to support the emergency including personnel, facilities, equipment and supplies. This section is also responsible for ensuring the EOC is operational including arranging access to technological and telecommunications resources as well as providing other support services such as arranging for food, lodging and transportation. The Logistics Section may be comprised of the following positions: • Logistics Section Chief • Information Technology Branch Coordinator • Telecommunications Unit Coordinator • Computer Systems Unit Coordinator • EOC Support Branch Coordinator • Security Unit Coordinator • Supply Unit Coordinator • Personal Unit Coordinator • Transportation Unit Coordinator Finance & Administration Section The Finance and Administration Section is responsible for financial and administrative activities. This section monitors the expenditure process and response and recovery costs. In addition, it is responsible for coordinating claims and compensation; contracts and procurement agreements; timekeeping; and cost estimates and analysis. The Finance and Administration Section may be comprised of the following positions: • Finance and Administration Section Chief • Time Unit Coordinator • Procurement Unit Coordinator • Compensation and Claims Unit Coordinator • Cost Accounting Unit Coordinator 4.0 Emergency Declarations An emergency declaration promotes a sense of urgency to the community regarding the severity of an emergency situation and the danger it presents. An emergency declaration should be made if any Ontario Municipality must take "extraordinary" actions to protect life, health, safety and property of residents and to formally engage the powers granted through the Emergency Management & Civil Protection Act. The Act empowers emergency declarations at three levels of government in the Province of Ontario as follows: • Municipal Emergency Declarations • Regional Emergency Declarations • Provincial Emergency Declarations • Page 10 • 4. 1 Municipal Emergency Declaration The Mayor (or designated alternate) of the City of Niagara Falls has the authority to declare an emergency to exist within the boundaries of the municipality. Municipal Emergency Declaration - Consultation Any decision by the Mayor to declare a municipal emergency will be done in consultation with the EOC Director and the members of the Emergency Operations Centre Management Team. Irrespective of the advice given, the Mayor does have the final authority for deciding to (or not to) declare a municipal emergency to exist. 4.2 Regional Emergency Declaration The Regional Chair (or designated alternate) has the authority to declare a regional emergency to exist anywhere within the boundaries of the Niagara Region. Regional Emergency Declaration - Jurisdiction Although the Regional Chair is empowered to declare a regional emergency at any location within regional boundaries, the Chair does NOT have the power to declare an emergency on behalf of any local area municipality. That power rests only with the Mayor / Lord Mayor of each specific municipality and their respective designated alternates. 4.3 Provincial Emergency Declaration The Premier of the Province of Ontario (or designated alternate) has the authority to declare a provincial emergency to exist within the boundaries of the Province of Ontario. Provincial Emergency Declaration - Jurisdiction In addition to a provincial declaration, the Premier also has the authority to declare an emergency on behalf of any community within provincial boundaries and may also at any time declare that an emergency has terminated on behalf of any Ontario municipality. • Page 11 • 5.0 Emergency Information At any time this Plan is activated there will be the need to communicate appropriate and factual information to area residents, local area municipalities, strategic partner agencies, or municipal staff directly. This information may include issuing staff action directives, responding to requests for information, and providing information to the mass media. Emergency Information Officer Under provincial mandate every municipality must designate an Emergency Information Officer responsible for management of all information for the public and the media during an emergency. 5. 1 Municipal Emergency Information Officer The City of Niagara Falls has designated an Emergency Information Officer to facilitate emergency information functions during municipal emergency operations. Designated Spokespersons In support of emergency information operations, the following are designated as media spokespersons during any activation of this Plan: • Mayor as the voice of Niagara Falls City Council (Primary Spokesperson) • City of Niagara Falls CAO as voice of the Corporation (Secondary Spokesperson) • Designated senior staff(subject matter experts) as required 5.2 Regional Emergency Information Officer Niagara Region has designated the Associate Director, Corporate Communications as the Emergency Information Officer to facilitate emergency information functions during regional emergency operations. The Corporate Communications team supports the Emergency Information Officer in fulfilling their duties as described within the Incident Management System, Standard Operating Guidelines. • Page 12 • 6.0 Recovery and Assistance Emergency recovery operations commence once any emergency has been successfully mitigated (danger/hazard removed). At that time emergency operations may shift from the management of the emergency itself to management of the impact/ aftermath of the emergency. Recovery operations focus on restoring the community to its pre-emergency state and can vary in time from a few hours to several months. 6. 1 Recovery Plan To ensure recovery operations occurs in a seamless and coordinated manner, the Emergency Operations Centre Management Team will determine the appropriate time to shift operations to resource demobilization and recovery. 6.2 Emergency Assistance During emergency operations the Emergency Operations Centre Management Team will determine the need for assistance in support of an emergency site(s), local municipal emergency operations or other emergency support functions within the boundaries of Niagara Region. Emergency assistance under this context is specific to resources that are not available through normal operations at the direction of municipal officials. Types of Assistance The above emergency assistance may include the following types: • Personnel with special expertise • Specialized equipment with trained operators • Any other type of service / expertise required to support emergency operations Assistance Between Levels of Government During emergency operations the City of Niagara Falls may be requested to provide assistance to local area municipalities, regional municipality, critical infrastructure partners, critical business, industry and/or non-governmental community support agencies. • The City of Niagara Falls participates as a partner with the Local Area Municipalities and the Niagara Region for the provision of emergency assistance as per the terms and conditions of the Mutual Assistance Agreement developed for this purpose It is also possible that the City of Niagara Falls may make appeals for assistance from higher levels of government (Provincial or Federal) agencies, neighbouring communities and/or cross- border partners to support regional emergency operations. • Page 13 • 7.0 Training and Exercises This Plan details the City of Niagara Falls response structure for managing any emergency occurring within or impacting within municipal boundaries. Therefore in order for this Plan to be effective: • All key Municipal staff with responsibilities defined in this Plan must be trained in its content, its implementation, emergency operations including the Incident Management System Standard Operating Guidelines and participate as requested in training exercises 7. 1 Training Responsibility The Niagara Falls Fire Department is responsible for facilitation of emergency management training opportunities and promoting other external training opportunities that support the professional development of emergency operations staff. 7.2 Training Products Training will be provided using a variety of training products. Training may be delivered in- house or through external opportunities including: • Municipally facilitated training courses • Regionally facilitated training courses • Provincial facilitated training courses • Cross- Border partner facilitated training courses • Other specialty or risk specific training opportunities 7.3 Exercise Responsibility The Niagara Falls Fire Department is responsible for coordination of the annual emergency exercises to test the provisions of this Plan or to test the provisions of any other component of the Municipal Emergency Management Program. 7.4 Exercise Types Exercises simulate emergency conditions that require activation of this Plan (in whole or in part) and assembly of emergency operations staff. The basic types of exercises include: • Tabletop (Case Study, Paper or Static) • Functional (Telecommunications, Alerting or Equipment Specific) • Field (Fully Functional Generic, Hazard Specific or Specialty) • Page 14 • Exercises vary in duration and complexity by type beginning with the basic static exercises to the most complex field functional exercises. Fire Department staff will provide or promote a variety of exercise opportunities using a variety of products that may be delivered in-house or through external opportunities including: • Municipal Exercises (of varying complexity) • Regional Exercise (of varying complexity) • Department/Service Specific Exercises • Other External Emergency Exercises • Cross Border Exercises 8.0 Maintenance and Distribution This Plan is considered a living document and therefore must remain current. It will be as a minimum reviewed and updated on an annual basis to ensure operational sustainability in alignment with the provincia! mandate. 8. 1 Plan Maintenance Responsibility It is the responsibility of the Niagara Falls Fire Department to maintain this Plan and to facilitate all revisions to the Plan contents. It is the responsibility of all stakeholders to ensure that the Niagara Falls Fire Department is notified of any department specific changes, revisions or additions that affect the contents of this Plan. 8.2 Plan Distribution This Plan is considered a public document as per the provisions of the Emergency Management & Civil Protection Act. As such it will be posted on the City of Niagara Falls website to be available to anyone wishing to review it. Requests for paper copies of this Plan can be made through the Clerk's Office or through Fire Department staff. • All paper or electronic copies in general circulation will carry the current year date Paper copies of this Plan will be maintained as part of the standard Municipal Emergency Operations Centre equipment cache. Those plans will be replaced annually upon revision of the document in accordance with the provincial mandate. Paper or electronic copies are current as of the cover date. It is the responsibility of the Plan holder to ensure their Plan copy is current and to replace it annually. • Page 15 • xf lli;1 �, CITY 00-4 11.,CANADA NIAGARA Fk- THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2014- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Metered Areas) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, Schedule "G" as amended, is hereby repealed and replaced with the following Schedule "G" a) by deleting from Schedule "G"thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM /DAYS TIMES Buchanan Ave. Both Spring Street and Ferry Street $2.50/1 hour 2 hours 8:00 a.m.to 12:00 a.m. Daily 02/14 $.50/15 minutes $.050 minimum payment Bridgewater St. North Laura Secord Pl.and Cummington REMOVE 2 hours 8:00 a.m.to 6:00 p.m. 02/14 Sq.West Except Sat.,Sundays and Holidays Centre St. North Victoria Ave.and McGrail Ave. $2.50/1 hour 2 hours 8:00 a.m. to 12:00 a.m. 02/14 $0.50/15 min Oct I-Mar 31 inclusive $.050 minimum payment. Clark Avenue Both Ferry Street and Robinson St. $2.501 I hour 8 hours 6:00 a.m.-3:00 a.m. 02/14 $0.50/15 minutes Daily $10.00/8 hours $1.00 minimum payment Clifton Hill Both Falls Ave.and Victoria Ave. $2.50/1 hour 2 hours 8:00 a.m.to 3:00 am 02/14 $0.50/15 min daily $0.50 minimum payment -2- Cummington Sq. Both Bridgewater St.and Main St. $1.25/1 hour 2 hour 9:00 a.m. to 5:00 p.m. West $0.50/15 min Except Saturdays,Sundays and 02/14 $0.25/8 min Holidays Cummington Sq. Both Bridgewater St.and Main St. $1.25/1 hour 2 hour 8:00 a.m. to 6:00 p.m. East $0.50/15 min Except Saturdays,Sundays and 02/14 $0.25/8 min Holidays Ellen Ave. South Walnut St.and Ferry St. $2.50/1 hour 3 hours 8:00 a.m. to 12:00 a.m. 02/14 $0.50/15min daily$.050 minimum payment Fallsview Blvd Both Ferry Street and Robinson Street $2.50/1 hour 8 hours 6:00 a.m.-3:00 a.m.daily 02/14 5.50/15 minutes Daily $10.00/8 hours $1.00 minimum payment Fallsview Blvd. East Robinson Street and Murray Street $2.50/hour 5 hours 6:00 a.m.-3:00 a.m. 02/14 $0.50/15 minutes Daily $1.00 minimum payment Ferry St. Both Victoria Ave.and Ellen Ave $2.50/1 hour 2 hours 8:00 a.m.to 12:00 a.m. 02/14 $0.50/15 min daily$.050 minimum payment Ferry St. Both Ellen Ave.and Fallsview Blvd. $2.50/1 hour 2 hours 8:00 am to 12:00 am 02/14 $.50/15 min daily daily$.050 minimum payment Ferry St. North Stanley Ave.and Gladstone Ave. $1.25/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 02/14 $0.65/30 min Except Sundays and $0.30/15 min Holidays $0.10/6 min Ferry St. Both Gladstone Ave.and Main St. $1.25/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 02/14 $0.65/30 min Except Sundays and $0.30/15 min Holidays $0.10/6 min Hunter Street Northeast A point 20 metres northwest of Victoria $2.50/hour 8 hours 8:00 a.m. to 12:00 a.m.Daily 02/14 Avenue and a point 125 metres northwest $.50/15 min $1.00 minimum payment of Victoria Avenue $10.00/8 hours Kitchener St. South Portage Rd.and Stanley Ave. $1.50/1 hour 2 hours 8:00 a.m. to 10:00 p.m.daily 02/14 $0.75/30 min $.025 minimum payment $0.25/10 min Kitchener Street South A point 65 metres west of Victoria $1.50/hour 2 hours 8:00 am, to 12:00 a.m.daily 02/14 Avenue and a point 100 metres west of $0.75/30 min $.025 minimum payment Victoria Avenue $0.25/10 min Laura Secord PI. West Bridgewater St.and Main St. REMOVE 2 hours 8:00 a.m to 6:00 p.m, 02/14 Except Sundays and Holidays Livingstone Street Both Stanley Ave and Fallsview Blvd $2.50/hour 8 hours 6:00 a.m.-3:00 a.m. 02/14 $.50/15 minutes Daily $10.00/8 hours $1.00 minimum payment Main St. East Peer St.And Robinson St. $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $0.10/6 min Main St. East Peer St.And Summer St. $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $0.10/6 min Main St. West Summer St.and Culp St. $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 $0.65/30 min Except Saturdays,Sundays and $0.301 15 min Holidays $0.10/6 min Main Street Both Allendale Avenue/Murray Street and $2.50/hour 2 hour 6:00 a.m.-3:00 a.m. 02/14 Stanley Avenue $0.501 15 min Daily $1.00 minimum payment Main St.(Chippawa) South Cummington Sq.East and $1.25/1 hour 2 hour 8:00 a.m. to 6:00 p.m. 02/14 Willoughby Dr. $0.25/15 min Except Sundays and $0.20/12 min Holidays $0.10/6 min Main St. Both North St.and Summer St. $1.25/1 hour 2 hours 8:00 a.m.to 10:00 p.m. 02/14 $0.25/15 min Daily -3- Magdalen St. East Victoria Ave.and Ellen Ave. $2.50 /1 hour 3 hours 8:00 a.m. to 12:00 a.m.daily 02/14 $0.50/15 min $.050 minimum payment Magdalen Street Northeast Lewis Avenue and $2.50/1 hour 3 hours 8:00 a.m.to 12:00 a.m.Daily 02/14 McGrail Avenue $0.50/15 min $0.50 minimum payment McGrail Ave. South Walnut St.and Centre St. $2.50/1 hour 3 hours 8:00 a.m. to 12:00 a.m.daily 02/14 $0.50/15 min $.050 minimum payment McGrail Ave. South Magdalen and Centre St. $2.50/1 hour 3 hours 8:00 a.m. to 12:00 a.m.daily 02/14 $0.50/15 min $.050 minimum payment Peer St. North Main St.and Sylvia PI. $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 $0.25/15 min Except Saturdays Sundays and $0.10/6 min Holidays $.025 minimum payment Portage Rd. Both Kitchener St.and North St. $1.50/1 hour 2 hours 8:00 a.m.to 10:00 p.m.Daily 02/14 $0.75/30 min 5.025 minimum payment $0.25/10 min Queen Street South Zimmerman Avenue $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 &St.Lawrence Avenue $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment j Queen Street South Valley Way $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 &Victoria Avenue $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment Queen Street North Victoria Avenue and a point $1.25/I hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 22 metres west of St.Clair Avenue $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment Queen Street North St.Clair Avenue and $1.25/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 02/14 Zimmerman Avenue $0.65/30 min Except Saturdays,Sundays and $0.301 15 min Holidays $.025/10 min $0.25 minimum payment Queen Street North A point 10 metres west of $0.25/15 min 15 minutes 9:00 a.m.to 5:00 p.m. 02/14 St.Clair Avenue and $0.10/6 min Except Saturdays,Sundays a point 22 metres west of and Holidays St.Clair Avenue Robinson St Both Fallsview Blvd.and Clark Ave. $2.50/1 hour 5 hours 6:00 a.m.-3:00 a.m.daily 02/14 $.50/15 minutes Daily $1.00 minimum payment Simcoe St. Both Buckley Ave.and Victoria Ave. $1.25 /1 hour 2 hours 8:00 a.m.to 6:00 p.m. 02/14 $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment Valley Way Both Queen St.and Morison St. $1.25/1 hour 2 hours 8:00 a.m.to 5:00 p.m. 02/14 $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment Victoria Ave. Both Centre St.and Ferry St $2.50/1 hour 2 hours 8:00 a.m.to 12:00 a.m.daily 02/14 $0.50/15 min $.050 minimum payment Victoria Ave. Both Morrison Street and Jepson Street $1.25/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 02/14 $0.65/30 min Except Saturdays,Sundays and $0.301 15 min Holidays $.025/10 min $0.25 minimum payment Victoria Ave. East Bridge St.and Valley Way $1.25/1 hour 2 hours 9:00am to 5:00pm 02/14 $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment Victoria Ave. West Bridge St.and Maple St. $1.25/1 hour 2 hours 9:00am to 5:00pm -4- 02/14 $0.65/30 min Except Saturdays,Sundays and $0.30/15 min Holidays $.025/10 min $0.25 minimum payment Victoria Ave. West Kitchener St.and Hwy 420 $1.25/1 hour 20 mins 8:00am to 10:00pm 02/14 $0.30/15 min daily b) by adding to the Schedule "G"thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM /DAYS TIMES Buchanan Ave. Both Spring Street and Ferry Street $3.00/I hour 2 hours 8:00 a.m.to 12:00 a.m. Daily 01/15 $0.75/15 minutes $0.75 minimum payment Centre St. North Victoria Ave.and McGrail Ave. $3.00/I hour 2 hours 8:00 a.m. to 12:00 a.m. 01/15 $0.75/15 min Oct 1-Mar 31 inclusive $0.75 minimum payment. Clark Avenue Both Ferry Street and Robinson St. $3.00/1 hour 8 hours 6:00 a.m.-3:00 a.m. 01/15 $0.75/15 minutes Daily $10.00/8 hours $1.50 minimum payment Clifton Hill Both Falls Ave.and Victoria Ave. $3.00/1 hour 2 hours 8:00 a.m.to 3:00 am 01/15 $0.75/15 min daily $0.75 minimum payment Ctmunington Sq. Both Bridgewater St.and Main St. $1.50/1 hour 2 hour 9:00 a.m. to 5:00 p.m. West $0.50/15 min Except Saturdays,Sundays and 01/15 $0.25/8 min Holidays Cummington Sq. Both Bridgewater St.and Main St. $1.50/1 hour 2 hour 8:00 a.m. to 6:00 p.m. East $0.50/15 min Except Saturdays,Sundays and 01/15 $0.25/8 min Holidays Ellen Ave. South Walnut St.and Ferry St. $3.00/l hour 3 hours 8:00 a.m. to 12:00 a.m. 01/15 $0.75/15 min daily$0.75 minimum payment Fallsview Blvd Both Ferry Street and Robinson Street $3.00/1 hour 8 hours 6:00 a.m.-3:00 a.m.daily 01/15 $0.75/15 minutes Daily $10.00/8 hours $1.50 minimum payment Fallsview Blvd. East Robinson Street and Murray Street $3.00/1 hour 5 hours 6:00 a.m.-3:00 a.m. 01/15 $0.75/15 minutes Daily $1.50 minimum payment Ferry St. Both Victoria Ave.and Ellen Ave $3.00/1 hour 2 hours 8:00 a.m.to 12:00 a.m. 01/15 $0.75/15 min daily$0.75 minimum payment Ferry St. Both Ellen Ave.and Fallsview Blvd. $3.00/1 hour 2 hours 8:00 am to 12:00 am 01/15 $0.75/15 min daily$0.75 minimum payment Ferry St. North Stanley Ave.and Gladstone Ave. $1.50/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 01/15 $0.75/30 min Except Sundays and $0.40/15 min Holidays $0.15/6 min Ferry St. Both Gladstone Ave.and Main St. $1.50/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 01/15 $0.75/30 min Except Sundays and $0.40/15 min Holidays $0.15/6 min Hunter Street Northeast A point 20 metres northwest of Victoria $3.00/I hour 8 hours 8:00 a.m. to 12:00 a.m.Daily 01/15 Avenue and a point 125 metres northwest $0.75/15 min $1.50 minimum payment of Victoria Avenue $10.00/8 hours Kitchener St. South Portage Rd.and Stanley Ave. $1.75/1 hour 2 hours 8:00 a.m. to 10:00 p.m.daily 01/15 $0.90/30 min $0.30 minimum payment $0.30/10 min -5- Kitchener Street South A point 65 metres west of Victoria $1.75/1 hour 2 hours 8:00 am, to 12:00 a.m.daily 01/15 Avenue and a point 100 metres west of $0.90/30 min $0.30 minimum payment Victoria Avenue $0.30/10 min Livingstone Street Both Stanley Ave and Fallsview Blvd $3.00/1 hour 8 hours 6:00 a.m.-3:00 a.m. 01/15 $0.75/15 minutes Daily $10.00/8 hours $1.50 minimum payment Main St. East Peer St.And Robinson St. $1.50/I hour 2 hours 9:00 a.m.to 5:00 p.m. 01/I5 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.15/6 min Main St. East Peer St.And Summer St. $1.50/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.15/6 min Main St. West Summer St.and Culp St. $1.50/I hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.15/6 min Main Street Both Allendale Avenue/Murray Street and $3.00/1 hour 2 hour 6:00 a.m.-3:00 a.m. 01/15 Stanley Avenue $0.75/15 min Daily $1.50 minimum payment Main St.(Chippawa) South Cummington Sq.East and $1.50/1 hour 2 hour 8:00 a.m. to 6:00 p.m. 01/15 Willoughby Dr. $0.40/15 min Except Sundays and $0.30/12 min Holidays $0.15/6 min Main St. Both North St.and Summer St. $1.50/1 hour 2 hours 8:00 a.m.to 10:00 p.m. 01/15 $0.40/15 min Daily Magdalen St. East Victoria Ave.and Ellen Ave. $3.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m.daily 01/15 $0.75/15 min $0.75 minimum payment Magdalen Street Northeast Lewis Avenue and $3.00/l hour 3 hours 8:00 a.m.to 12:00 a.m.Daily 01/15 McGrail Avenue $0.75/15 min $0.75 minimum payment McGrail Ave. South Walnut St.and Centre St. $3.00/1 hour 3 hours 8:00 a.m. to 12:00 a.m.daily 01/15 $0.75/15 min $0.75 minimum payment McGrail Ave. South Magdalen and Centre St. $3.00/1 hour 3 hours 8:00 a.m. to 12:00 a.m.daily 01/15 $0.75/15 min $0.75 minimum payment Peer St. North Main St.and Sylvia Pl. $1.50/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 $0.40/15 min Except Saturdays Sundays and $0.15/6 min Holidays $0.40 minimum payment Portage Rd. Both Kitchener St.and North St. $1.75/1 hour 2 hours 8:00 a.m.to 10:00 p.m.Daily 01/15 $0.90/30 min $0.30 minimum payment $0.30/10 min Queen Street South Zimmerman Avenue $1.50/I hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 &St.Lawrence Avenue $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Queen Street South Valley Way $1.50/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 &Victoria Avenue $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Queen Street North Victoria Avenue and a point $1.50/1 hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 22 metres west of St.Clair Avenue $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Queen Street North St.Clair Avenue and $1.50!1 hour 2 hours 9:00 a.m.to 5:00 p.m. 01/15 Zimmerman Avenue $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Queen Street North A point 10 metres west of $0.40/15 min 15 minutes 9:00 a.m.to 5:00 p.m. 01/15 St.Clair Avenue and $0.15/6 min Except Saturdays,Sundays a point 22 metres west of and Holidays St.Clair Avenue Robinson St Both Fallsview Blvd.and Clark Ave. $3.00/1 hour 5 hours 6:00 a.m.-3:00 a.m.daily 01/15 $0.75/15 minutes Daily $1.50 minimum payment J -6- Simcoe St. Both Buckley Ave.and Victoria Ave. $1.50/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Valley Way Both Queen St.and Morrison St. $1.50/1 hour 2 hours 8:00 a.m.to 5:00 p.m. 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Victoria Ave. Both Centre St.and Ferry St $3.00/1 hour 2 hours 8:00 a.m.to 12:00 a.m.daily 01/15 $0.75/15 min $0.75 minimum payment Victoria Ave. Both Morrison Street and Jepson Street $1.50/1 hour 2 hours 8:00 a.m.to 6:00 p.m. 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Victoria Ave. East Bridge St.and Valley Way $1.50/1 hour 2 hours 9:00am to 5:00pm 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Victoria Ave. West Bridge St.and Maple St. $1.50/1 hour 2 hours 9:00am to 5:00pm 01/15 $0.75/30 min Except Saturdays,Sundays and $0.40/15 min Holidays $0.25/10 min $0.25 minimum payment Victoria Ave. West Kitchener St.and Hwy 420 $1.50/1 hour 20 mins 8:00am to 10:00pm 01/15 $0.40/]5 min daily This By-law shall come into force on January 1, 2015. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JIM DIODATI, MAYOR First Reading: Dec 9, 2014 Second Reading: Dec 9, 2014 Third Reading: Dec 9, 2014 _ SL' CITY orl ANAD 54 NJAGARA FAQ THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2014-24 A by-law to amend By-law No.96-50,being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 96-50, as amended, is hereby further amended. a) by deleting from Schedule "B"thereto the following items: MUNICIPAL PARKING LOTS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control Zimmerman $25.00/month Daily 8:00am to 6:00pm Permit 02/14 Avenue Lot Monday to Friday 2A Market Block $1.00/hr 5 cent,l0 cent,25 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $2.00/4 hrs 1 &2 dollar coin, Monday to Friday Machine -2- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control City token excl.Holidays $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 2B Market Block $1.00/hr 5 cent,10 cent,25 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot 1 dollar coin or Monday to Friday Machine City token excl.Holidays 3 Canada Trust $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $2.00/4 hrs 25 cent, 1 dollar Monday to Friday Machine coin,2 dollar coin excl.Holidays or City token $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 4 Ellen Avenue $2.00/hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 02/14 Lot $10.00/8 hrs 25 cent, 1 dollar Machine $2.00 min coin,2 dollar coin or credit card $65.00/month Daily 8:00am to 3:00am Permit Monday to Friday 5 College St $2.00/hr 5 cent, 10 cent, Daily 24 hours Ticket Dispensing 02/14 $10.00/8 hrs 25cent, 1 dollar coin, Machine 2 dollar coin,credit $2.00 min. card,or City Token for credit card 7 Huron Ontario $40.00/month Daily 8:00am to 6:00pm Permit 02/14 Lot Monday to Friday 8 St.Clair $40.00/month Daily 8:00am to 6:00pm Permit 02/14 Lot Monday to Friday 9 St.Lawrence $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $2.00/4 hrs 25 cent, 1 dollar Monday to Friday Machine coin,2 dollar coin excl.Holidays or City token $25.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 10 Market $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing -3- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control 02/14 Lot 25 cent, 1 dollar Monday to Friday Machine coin,2 dollar coin excl.Holidays or City token $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 11 Chippawa Library $1.00/hr 5 cent, 10 cent, 2 Hours 8:00am to 6:00pm Meters 02/14 Lot 25 cent coin, Monday to Friday 1 dollar coin, 12 Sylvia Place Market $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $5.00/8 hrs 25 cent coin, Monday to Friday Machine 1 dollar coin, 2 dollar coin 13 Main Street $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $5.00/8 hrs 25 cent coin, Monday to Friday Machine 1 dollar coin, 2 dollar coin 14 Lundy's Lane $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $5.00/8hrs 25 cent coin, Monday to Friday Machine I dollar coin, 2 dollar coin 15 McGrail Lot $2.00/hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 02/14 $10.00/8 hrs 25 cent, 1 dollar coin, Machine $2.00 min 2 dollar coin,or for credit card credit card 17 Morrison $40.00/month Daily 8:00am to 6:00pm Permit 02/14 Lot Monday to Friday 18 Kitchener St. $2.00/hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 02/14 Lot $10.00/8 hrs 25 cent, 1 dollar coin, Machine $2.00 min 2 dollar coin,or for credit card credit card 19 City Hall $1.00/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 02/14 Lot $2.00/4 hrs 25 cent, 1 dollar coin, Monday to Friday Machine 2 dollar coin,credit excl.Holidays card,or City token $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday -4- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control 20 Palmer $2.00/hr 5 cent, 10 cent, Daily 24 hours Ticket Dispensing 02/14 Lot $10.00/8 hrs 25 cent, 1 dollar coin, Machine $2.00 min for 2 dollar coin,credit credit card card,or City token b) by adding to the Schedule"B"thereto the following items: MUNICIPAL PARKING LOTS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control 1 Zimmerman $25.00/month Daily 8:00am to 6:00pm Permit 01/15 Avenue Lot Monday to Friday 2A Market Block $1.25/hr 5 cent,l0 cent,25 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/I5 Lot $2.00/4 hrs 1 &2 dollar coin, Monday to Friday Machine City token excl.Holidays $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 2B Market Block $1.25/hr 5 cent,10 cent,25 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot 1 &2 dollar coin or Monday to Friday Machine City token excl.Holidays 3 Canada Trust $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot $2.00/4 hrs 25 cent, 1 dollar Monday to Friday Machine coin,2 dollar coin excl.Holidays or City token $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 4 Ellen Avenue $2.50/hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 01/15 Lot $10.00/8 hrs 25 cent, 1 dollar Machine $2.50 min coin,2 dollar coin or credit card -5- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control 5 College St $2.50/hr 5 cent, 10 cent, Daily 24 hours Ticket Dispensing 01/15 Lot $10.00/8 hrs 25cent, 1 dollar coin, Machine 2 dollar coin,credit $2.50 min. card,or City Token for credit card 7 Huron Ontario $40.00/month Daily 8:00am to 6:00pm Permit 01/15 Lot Monday to Friday 8 St.Clair $40.00/month Daily 8:00am to 6:00pm Permit 01/15 Lot Monday to Friday 9 St.Lawrence $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot $2.00/4 hrs 25 cent, 1 dollar Monday to Friday Machine coin,2 dollar coin excl.Holidays or City token $25.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 10 Market $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot 25 cent, 1 dollar Monday to Friday Machine coin,2 dollar coin excl.Holidays or City token $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 11 Chippawa Library $1.25/hr 5 cent, 10 cent, 2 Hours 8:00am to 6:00pm Meters 01/15 Lot 25 cent coin, Monday to Friday 1 dollar coin, 12 Sylvia Place Market $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot $5.00/8 hrs 25 cent coin, Monday to Friday Machine I dollar coin, 2 dollar coin $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 13 Main Street $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot $5.00/8 hrs 25 cent coin, Monday to Friday Machine 1 dollar coin, 2 dollar coin $25.00/month Daily 8:00am to 6:00pm Permit Monday to Friday -6- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control 14 Lundy's Lane $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot $5.00/8hrs 25 cent coin, Monday to Friday Machine 1 dollar coin, 2 dollar coin $25.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 15 McGrail Lot $2.50/hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 01/15 $10.00/8 hrs 25 cent, 1 dollar coin, Machine $2.50 min 2 dollar coin,or for credit card credit card $65.00/month Daily 24 hrs Permit 17 Morrison $40.00/month Daily 8:00am to 6:00pm Permit 01/15 Lot Monday to Friday 18 Kitchener St. $2.50/hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 01/15 Lot $10.00/8 hrs 25 cent, 1 dollar coin, Machine $2.50 min 2 dollar coin,or for credit card credit card 19 City Hall $1.25/hr 5 cent, 10 cent, Daily 8:00am to 6:00pm Ticket Dispensing 01/15 Lot $2.00/4 hrs 25 cent, 1 dollar coin, Monday to Friday Machine 2 dollar coin,credit excl.Holidays card,or City token $40.00/month Daily 8:00am to 6:00pm Permit Monday to Friday 20 Palmer $2.50/hr 5 cent, 10 cent, Daily 24 hours Ticket Dispensing 01/15 Lot $10.00/8 hrs 25 cent, 1 dollar coin, Machine $2.50 min for 2 dollar coin,credit credit card card,or City token -7- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited Parking Limit Times/Days Control This By-law shall come into force on January 1, 2015. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JIM DIODATI, MAYOR First Reading: Dec 9,2014 Second Reading: Dec 9,2014 Third Reading: Dec 9,2014 CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2011-68, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands on the north side of Oldfield Road, west of Drummond Road, to allow development on a portion of the Oldfield plan of subdivision (AM-2010-004). WHEREAS By-law No. 2011-68 includes land use holding prohibitions that have the effect of zoning the lands R1 E(H) 941 , in part, and R3(H) 943, in part; AND WHEREAS the lands that are the subject of and affected by the provisions of this by- law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law; AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2011-68 to have the effect of zoning the Lands R1 E 941, in part, and R3 943, in part; AND WHEREAS the purpose of this by-law is to amend By-law No. 2011-68 such that the provisions of By-law No. 2011-68 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2011-68 with respect to the Lands have been achieved and that the condition required for the removal of the holding provisions of By-law No. 2011-68 have been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2011-68 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the condition set out in By-law No. 2011-68 had been fulfilled; AND WHEREAS Council of the City of Niagara Falls is proceeding in accordance with section 36 (4) of the Planning Act R.S.O. 1990 c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2011-68 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By-law No. 2011-68 is hereby declared to be in full force and effect on the Lands. - 2 - Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014 Second Reading: December 9, 2014 Third Reading: December 9, 2014 S:\ZONING\AMS\201 O\By-laws\Byam004#2.wpd Schedule 1 To By-law No. 2014 Subject Land A` 12m OC 0 N 84.35m rn E R3 943 96.35m / o R1E: 941 c bB 94:56m OLDFIELD RD Amending Zoning By-law No. 79-200 Description: Part of Pd 188-2 Sec 59-Stamford; Pt Twp Lt 188 Stamford Pt 1 To 5, 59R7852; Niagara Applicant: 800460 Ontario Ltd. Assessment #'s: 272511000103800 1:NTS AM-2010-004 K:\GIS_Requests\2010\Schedule\ZoningAM\AM-04\mapping_2014.map November 2014 CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2006-205 to remove the holding symbol (H) on part of the lands east of Tallgrass Avenue, south of Saw Mill Drive and Chemonda Street, to allow development on a portion of the Chippawa West, Phase 2 Plan of Subdivision (AM- 32/2005). WHEREAS By-law No. 2006-205 includes land use holding prohibitions that have the effect of zoning the lands R3(H) 760; AND WHEREAS the lands that are the subject of and affected by the provisions of this by- law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2006-205 on the Lands, to have the effect of zoning the Lands R3 760; AND WHEREAS the purpose of this by-law is to amend By-law No. 2006-205 such that the provisions of By-law No. 2006-205 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2006-205 with respect to the Lands, has been achieved and that the condition required for the removal of the holding provisions of By-law No. 2006-205 has been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2006-205 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the condition(s) set out in By-law No. 2006-205 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36 (4) of the Planning Act R.S.O. 1990 c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2006-205 are hereby declared to be of no fnrrP anri Pffprt nn the I antic. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By-law No. 2006-205 is hereby declared to be in full force and effect on the Lands. - 7 - Passed this ninth day of December, 2014 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014 Second Reading: December 9, 2014 Third Reading: December 9, 2014 S:\ZON I NG\AMS\2005\By-laws\Byam032.wpd SCHEDULE 1 TO BY-LAW No. 2014— Subject Land / / MANN sr 4 T S4 n7,4 '' / ? 13.5m ` 4? a 13.5m 14.9m 1 iW-- 4� _ 13.6m 14.9m 16.7m 18.6m .- --, OfEmn„, sr 30.4m 52m eo 146.7n? /52m4 4`?? 760 ccirnA95314 i1582, 7.1m 1i 13.6m A=11.5m . Amending Zoning By-law No. 79-200 Description: Blocks 99, 100 and 102, Registered Plan 59M-395 And Part Of Lots 19 And 20, Concession 3 Willoughby Applicant: Queensway Chippawa Properties Inc 1:NTS AM-32/2005 K:\GIS_Requests\2005\Schedules\zoningAM\AM-32\mapping2013.map November 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to repeal By-law 2009-46, a by-law to require owners of residential dwelling units, hotels and boarding lodging or rooming houses to install and maintain carbon monoxide warning equipment in buildings. WHEREAS Bill 77, an Act to Proclaim Carbon Monoxide Awareness Week and to amend the Fire Protection and Prevention Act, 1997, received royal assent in December 2013; and WHEREAS the related Provincial regulation came into effect October 15, updating Ontario's Fire Code following the passage of Bill 77; and WHEREAS carbon monoxide detectors will now be required near all sleeping areas in residential homes and in the service rooms, and adjacent sleeping areas in multi-residential units, as a result of the Provincial legislation; and WHEREAS in light of the provincial legislation,the municipal by-law is no longer necessary. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law 2009-46 is hereby repealed. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014. Second Reading: December 9, 2014. Third Reading: December 9, 2014. CITY OF NIAGARA FALLS By-law No. 2014- A by-law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Props. Inc. respecting Chippawa West Phase II-Stage 2 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 17th day of September, 2014 and made between Queensway Chippawa Props. Inc. and The Corporation of the City of Niagara Falls with respect to the lands comprised of Blocks 99, 100 & 102, Registered Plan 59M- 395 and part of Township Lots 19 and 20, Concession 3 Willoughby; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1"and shown on the proposed Plan of Subdivision attached as Appendix"2"and providing for the payment by the Subdivider of Municipal Works Items as described in Schedules "C and D", a copy of which Schedules are attached as Appendices "3" and "4", is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules"F"and "G", copies of which Schedules are attached as Appendices"5"and "6", are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by-law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmationexecution of the said Agreement r of Planning, Building and have Development that all of the City's conditions for the ecu been satisfied. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. D!ODATI, MAYOR First Reading: December 9, 2014. Second Reading: December 9, 2014. Third Reading: December 9, 2014. Schedule page 5 THIS AGREEMENT made this 17th day of September, 2014. BETWEEN: QUEENSWAY CHIPPAWA PROPS. INC. Hereinafter called the "Subdivider", of the FIRST PART; - and - XG CITY OF NIAGARA FALLS, THE CORPORATION OF THE Hereinafter called the"City", of the SECOND PART; w WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls CLN pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of tam subdivision (hereinafter called "the Plan") attached hereto as Schedule "A" and entitled CHIPPAWA WEST PHASE 2 -STAGE 2 SUBDIVISION, being lands comprising Blocks 99, 100 & 102, Registered Plan 59M-395 and part of Township Lots 19 and 20, Concession 3 Willoughby, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands"; AND WHEREAS in accordance with the conditions imposed by the City,the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto,the Subdivider and the City hereby covenant and agree each with the other as follows: 1. LANDS AFFECTED The Chippawa West Subdivision Phase 2 (43.336 ha) has been draft approved October 26, 2006 and red-lined revised April 18, 2011. The registration of this plan Schedule - Page — Schedule A Chippawa West Subdivision Phase 2 (Stage 2) Subdivision - MANN ST bp)/ 2 ______ � 5 6 ^--. D4 ST 51 " C!�` 7 8 9 25 .° so ^. �'N -, 23 T 49 ;,.,.\,. -"yY ` 10 11;,12 13 26 _ _ �.. 48 Gkot; _— 2Z a 47. - Q 14 15 - 27 45 - t_________i 18 i 19 t 21 G 28 - 44:43 42 -—�_.. W a_--�_v. i m 41.40 39 38 au .-- 30 37 36 35 33 32��31 s X N This is riot a Pian of Survey _ Cul Subdivision Plan W E Chippawa West Subdivision Phase 2(Stage 2)Subdivision Scale Existing Property Parcel S Scale Z Road Allowance September 2014 I<:\G1s Requests\20141k le\subdivision\ Chtm 1ppewa_we . np as :15- / o / o Cti %a) \ C < < < < < CL § \ 2 2 Z Z Z 69 k o f ? a) � < £ E /2 1%).-- 1 2/ /� C = 0.. \ § § 2 2- @ d oc ca u / CO CNI ■ U) 12 toi CL t _ o E CD . 2 \ \ 2 § % k k / k _ƒ / / csi 2 . — d d 2 > § s £ .0 � $ V) = EN § \ ■ § { a c •/ ■ \ m 2 \ \ cn_ « j \ F...,,,,,..., % -0 \ 5t § 0 / CA 0CL » — § ƒ &0. . . d c 2 0111.\ 2 ` . ' 2 • t e cn CU ) 9 t 0 2 2 \ \ \ a I \ C - , % 5 / $ § k k 03 I. 0 % � ' o ° ° K 0 § > 2 J % _ ao _ o ( $ J \ 0 "7.3 § \ cn \ 2 0 00 � $ / ( ■ . k ■ • • \ % § _ \ 3 e » \ ® / @ > q d '0o • k 2 Cis CO » § ' •4 0 \ S ( , a Q. \ k \ k L. ( 7 tt 2 0 # ƒ :§ % « 0.0 < 2 ` t o t © % 2 % % © � a k 0. \ \ \ 0\ § ( / } \ \ \ / / "4C s e \ \ m a x O . a 43 k a .i w 3 "i a 5 = W U .. k �/0q % 8 k 0■° k c = a § t ® & m $ ofii / & / 00EA kd .cc cf o if ® d \ 13 a) \cf \ / \ = § 2 N /k / - 01 2 .�\�R ±- U 01 ■ CI 2 0 k 0 E@ ? k / rn co b c V) E e o o _ � $ ¥ 0 S % 14— 2 \ _ 44 0 0 6 EA EA 00EA EA 69 @ el -5 U) u) U m 2 > © 5 £ -0I- cn ) 7 0 — $ = H(I) ras COCII 0. O. m U P 9. at 7o 3 • 2% 2 k o - Ct. •f / ( 7 ■ k t a) c cn ( 0 % k \ 0 ® 0 J \ J @ 4$ \ "\ ; ) } § 9 % 0. 2 z . J 2 / \ k \ y 2 f 2 2 I w 01 m e VI A f \ / 2 0 _ :•-• \k $ a) © 1.-.... & @ E 0_ E - % .0 f \ G § 2 $ 7 a Q k d $ - © m � £ . E CD wk i \ %q / \ & © C ? R \ ok Q d J CSI 3 .'' � � / U N w 0- u)„, t _ \ cp ' \ 6 en 1.-:. k k U c _ § $ a e 0 0 3 A, 2 0 # & - 5 ■ ■ U L 2 2 © 3 0 .0 .0 CI) � T E ea Gm § \ V C13 V $ - o. � / = 2 . -§ 8 \ U \ 2 g 2 \ C — e •0) § % E _ \ t t _ f g / \ o .o § a C4 CI ti... ( 2 % § ° f / C. $ 4.1 . e \ m - / • \ % $ \ ® / ® / \ . V \ \ to § @ ` _.e 8 m C▪L \ \ S m $ § a ' U k k vl =9 § { § f ® K k ? .0 ? Schedule Page Schedule "D" Chippawa West Subdivision - Phase 2 Stage 2 Cost of Oversized Services:None X z w S Subdinhona\I.Subd iston'2014.354 Chippewa West PF 2 Stege 2•Agreemw\Schedute 0.wpd Schedule Page Schedule "F" ChippaWa West Subdivision - Phase 2 Stage 2 Cash in Lieu of Parkland Dedication: None-collected at Stage 1 Registration L J u oahAfrroso@\WindowsUeapo�'Immo F'iaCometOotlookNWSICTm76Zo duk F..pe c,u>e�auaewu"• 0 Schedule Page Schedule "G" Chippawa West Subdivision - Phase 2 Stage 2 Easements and Lands to be Deeded to the City of Niagara Falls: 1. Blocks-To be deeded to the City within the lands of the subdivision. a)Block 53-0.30 m reserve b)Block 54-0.30 m reserve c)Block 55-0.30 m reserve z i SPt.subdwsions\I Subdivisioni20l4-354 Chipp Wee:Ph 2 sage 2wgremmneSchWale c.wpd CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to amend By-law 98-224, being a By-law to designate an area as an Improvement Area and to establish for such area a Board of Management. WHEREAS by-law 98-224 is a by-law designating the Lundy's Lane Business Improvement Area (BIA's); and WHEREAS recent changes to the Municipal Act(the "Act") allow greater flexibility to develop local options and solutions to BIA's; and WHEREAS s. 204(2.1) of the Act states that a board of management is a local board of the municipality for all purposes; and WHEREAS s. 216(5)(a) and s. 196(1)(2) of the Act allows the municipality to pass by-laws on the composition of local boards; and WHEREAS the Lundy's Lane BIA held an appropriate meeting, in which the general membership approved amendments to their constitution related to Board composition. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That section 4 of By-law 98-224 is hereby deleted and replaced with the following: The Board is a local board under the Municipal Act, appointed by City Council, and shall consist of fifteen (15) members consisting of: Six (6) accommodation based property seats designated as: Three (3) representatives from accommodation properties greater than 100 rooms; Two (2) representatives from accommodation properties less than 100 rooms; One (1) representative from Campgrounds. Two (2) retail based property seats designated as: One (1) representative from large retail properties greater than 100,000 square feet; One (1) representative from large retail properties less than 100,000 square feet. Two (2) representatives from dining based properties. One (1) representative from service based properties. One (1) representative from an attraction based property. ' Two (2) seats elected at large from the remaining membership of the BIA. One (1) member of City Council. Passed this ninth day of December 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014. Second Reading: December 9, 2014. Third Reading: December 9, 2014. .49.0i42 1if i u.II l�'I II I I I jp CITY OFA ►CANADA NIAGA� F THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2014 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Limited Parking, Stop Signs at Intersections, Designated Lanes) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (1) by adding to the specified column of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Brown Road Both A point 55 metres west of Kalar Road and At All Times a point 53 metres east of Kalar Road Kalar Road Both Brown Road and At All Times a point 100 metres north of Brown Road (2) by adding to the specified column of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Dorchester Road West High Street and a point 30 metres north of High Street At All Times Dorchester Road West Lundy's Lane and At All Times a point 50 metres north of Lundy's Lane -2- (3) by adding to the specified column of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Banker Avenue Both Emery Street and Summer Street At All Times, Except by Permit Brown Road Both A point 55 metres west of Kalar Road and At All Times a point 35 metres west of Chestnut Crescent Dorchester Road West High Street and At All Times a point 10 metres south of High Street St. John Street North Portage Road and St. Peter Avenue At All Times St. John Street South Portage Road and At All Times a point 45 metres west of Portage Road (4) by removing from the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Dorchester Road West A point 10m north of High Street to a point At All Times 10m south of High Street (5) by adding to the specified columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES/DAYS MAXIMUM PERIOD PERMITTED Dorchester Road West Leeming Street and At All Times 2 Hours, a point 30 metres north of High Street Except by Permit Dorchester Road West A point 10 metres south of High Street and At All Times 2 Hours, a point 50 metres north of Lundy's Lane Except by Permit Lowell Avenue Both A point 22 metres south of North Street and At All Times 2 Hours, a point 80 metres south of North Street Except by Permit -3- (6) by removing from the specific columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES/DAYS MAXIMUM PERIOD PERMITTED Dorchester Road West Leeming Street and Daily 2 Hours, a point 10 metres north of High Street Except by Permit Dorchester Road West Lundy's Lane and Daily 2 Hours, a point 10 metres south of High Street Except by Permit (7) by adding to the specified column of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Banker Avenue& Summer Street Southbound on Banker Avenue Hamilton Street& Homewood Avenue Eastbound on Hamilton Street Hamilton Street& Homewood Avenue Westbound on Hamilton Street (8) by adding to the specified columns of Schedule U thereto the following items: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES/DAYS DIRECTION Brown Road A point 50 metres east of Kalar 1.8 Metre Curb Lane At All Times Eastbound and Road and a point 35 metres for Cyclists Only Westbound west of Chestnut Crescent (West Intersection) Kalar Road Brown Road and a point 100 1.8 Metre Curb Lane At All Times Northbound and metres north of Brown Road for Cyclists Only Southbound This By-law shall come into force when the appropriate signs are installed. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9,2014 Second Reading: December 9,2014 Third Reading: December 9, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to hereby authorize the execution of an Ontario Community Infrastructure Fund (OCIF) Formula Contribution Agreement (CA) between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Contribution Agreement, in the form attached hereto, made between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the City of Niagara Falls, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this ninth day of December 9, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014. Second Reading: December 9, 2014. Third Reading: December 9, 2014. OCIF—Formula Based Component File Number: OCIF FC-0188 ONTARIO COMMUNITY INFRASTRUCTURE FUND — FORMULA-BASED COMPONENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs ("Ontario") — and — The Corporation of the City of Niagara Falls (the "Recipient") WHEREAS the Government of Ontario has created the Ontario Community Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financial tools to address critical infrastructure challenges and provide long-term support for rehabilitation and repair of core infrastructure for those in most need; AND WHEREAS the Ontario Community Infrastructure Fund is composed of two (2) components: (1) the Application-Based Component; and (2) the Formula-Based Component; AND WHEREAS the Formula-Based Component of the Ontario Community Infrastructure Fund is based on: (1) a municipality's local fiscal circumstances and its total core infrastructure assets with a minimum grant of twenty-five thousand dollars ($25,000.00), where the recipient is an eligible municipality; or (2) a grant of twenty-five thousand dollars ($25,000.00), where the recipient is an eligible Local Services Board; AND WHEREAS the Recipient is eligible to receive funding under the Formula-Based Component of the Ontario Community Infrastructure Fund; NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and agreements herein and for other good and valuable consideration, the receipt of sufficiency of which is expressly acknowledges, the Parties hereby agree as follows: SECTION 1 INTERPRETATION 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the following meanings described below. "Aboriginal Group" includes the Indian, Inuit and Metis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. 1 OCIF—Formula Based Component File Number: OCIF FC-0188 "Adjust the Funds" means Ontario's right to adjust, without limitation, any Funds provided to the Recipient under this Agreement. "Agreement" means this agreement between Ontario and the Recipient, including all Schedules attached hereto. "Annual Financial Report" means the document set out under Part B.2 of Schedule "B" of this Agreement. "Arm's Length" has the meaning given to it under the Income Tax Act(Canada) as in effect on the Effective Date of this Agreement. "Auditor General" means the Auditor General of Ontario. "BPSAA" means the Broader Public Sector Accountability Act, 2010(Ontario). "Business Day" means any day on which the Government of Ontario offices are generally open for business in the Province of Ontario. "Communications Protocol" means the protocol set out under Schedule "G" of this Agreement. "Conflict of Interest" includes any and all circumstances where the Recipient or any person who has the capacity to influence the Recipient's decisions has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased and impartial judgment relating to this Agreement. "Consultant" means any person the Recipient retains to do work related to this Agreement. "Contract" means a contract between the Recipient and a third party at Arm's Length whereby the latter agrees to provide a good or service in return for financial consideration that may be claimed as an Eligible Cost under this Agreement. "Effective Date" means the date set out at Part C.1 of Schedule "C" of this Agreement. "Eligible Costs" means the costs described in Part E.1 of Schedule "E" of this Agreement. "Event of Default" has the meaning given to it in section 15 of this Agreement. "Expiration Date" means the date set out in Part C.2 of Schedule "C" of this Agreement. "FIPPA" means the Freedom of Information and Protection of Privacy Act(Ontario). "First Nation" means a band, as defined under section 2(1) of the Indian Act(Canada). "Fiscal Year" means the period beginning April 1st in any year and ending on March 31st of the following year. "Funds" means the total amount of funding Ontario is providing in Canadian currency to the Recipient under this Agreement, subject to the terms and conditions of this Agreement. 2 OCIF—Formula Based Component File Number: OCIF FC-0188 "Indemnified Party" means Her Majesty the Queen in Right of Ontario, Her Ministers, directors, officers, agents, appointees and employees. "Ineligible Costs" means the costs described under Part E.2 of Schedule "E" of this Agreement. "Local Services Board" means a Local Services Board established under the Northern Services Boards Act(Ontario). "Minister" means the Minister of Agriculture, Food and Rural Affairs. "Ontario" means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs or any other Minister who may have authority to administer this Agreement, unless the context indicates otherwise. "Parties" means Ontario and the Recipient. "Party" means either Ontario or the Recipient, as the case may be. "Project" means the project described in Part B.1 of Schedule "B" of this Agreement. "Project Report" means the document set out under Part B.1 of Schedule "B" of this Agreement. "PSSDA" means the Public Sector Salary Disclosure Act, 1996(Ontario). "Requirements of Law" means all applicable statutes, codes, acts, ordinances, orders, approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability statutes, the BPSAA, the PSSDA and other type of broader public sector accountability statutes are deemed to be Requirements of Law. "Term" means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. 1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplanting or superseding such statute or regulations. 1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular capitalized term or other word or phrase shall also apply to the plural form and such term, word or phrase and vice versa. All references to the masculine gender shall include reference to the feminine or neuter gender and vice versa in each case as the context may permit or require. 1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include the masculine and feminine variations thereof and vice versa and a singular pronoun 3 OCIF—Formula Based Component File Number: OCIF FC-0188 shall be deemed to include a reference to the plural pronoun and vice versa in each case as the context may permit or require. 1.5 Sections And Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 1.6 Recitals. The recitals to this Agreement do not form a part of the Agreement. 1.7 Accounting Terms, Calculations And Submission Of Financial Data. All accounting terms not defined in this Agreement shall have the meanings usually ascribed to them. All calculations will be made and all financial data to be submitted will be prepared in accordance with the applicable accepted accounting principles in effect in Ontario. SECTION 2 THE AGREEMENT 2.1 The Agreement. The Agreement includes this document and the following Schedules attached to this document, as such Schedules may be amended from time to time in accordance with this Agreement. Schedule "A" Eligible Project Categories "B" Project Report and Annual Financial Report "C" Operational Requirements Under The Agreement "D" Financial Information For The Project "E" Eligible And Ineligible Costs "F" Aboriginal Consultation Requirements "G" Communications Protocol 2.2 Conflict. In the event of a conflict between any of the documents that form part of this Agreement, the conflict shall be resolved in the following descending order: (a) This document; and (b) The Schedules attached to this document. 2.3 Expiration Date Of Agreement. This Agreement shall expire on the Expiration Date, unless amended or terminated prior to this date in accordance with this Agreement. SECTION 3 GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES UNDER THE AGREEMENT 3.1 Provision Of Funds. Ontario agrees, subject to the terms and conditions of this Agreement to provide Funds up to the amount set out under Part D.1 of Schedule "D" of this Agreement to the Recipient in accordance with Part D.2 of Schedule "D" of this Agreement. The Recipient is solely responsible for securing any additional funding, if needed, to complete any Project to which the Funds being provided under this Agreement have been directed. 4 OCIF—Formula Based Component File Number: OCIF FC-0188 3.2 Ontario's Role Under Agreement Strictly Limited To Providing Funds. The Recipient acknowledges and agrees that Ontario's role is strictly limited to providing Funds and that Ontario will have no other involvement in any Project to which Funds are directed or their subsequent maintenance and operation. Ontario is not a manager, decision-maker nor an advisor to the Recipient in relation to any Project to which Funds are directed. Notwithstanding the generality of the foregoing and without limitation, the fact that Ontario may conduct performance reviews and/or audits as provided for hereinafter or issues directions under the terms and conditions of this Agreement shall not be construed by the Recipient as Ontario having a management, decision-making or advisory role. The Recipient further agrees that the Recipient will not seek to include Ontario as a decision-maker, advisor or manager of any Project to which Funds are directed through recourse to a third party, court, tribunal or arbitrator. 3.4 Funds Limited To Specific Projects. The Recipient shall only use the Funds being provided under this Agreement towards Projects that fall within the category of projects set out under Schedule "A" of this Agreement and those Projects have been set out under Part I of the Project Report, as set out under Part B.1 of Schedule "B" of this Agreement. 3.5 Recipient To Spend Funds By December 31 Of The Calendar Year. The Recipient shall spend any Funds provided to it under this Agreement by December 31 of the calendar year in which the Funds was provided under this Agreement. Where the Recipient does not spend the Funds it was provided under this Agreement by December 31 of the calendar year in which the Funds were provided, Ontario may Adjust the Funds that Ontario is providing to the Recipient in the following year by the amount of the Funds that the Recipient did not spend by December 31 the previous calendar year, plus any interest that the Recipient earned on those Funds. 3.6 Responsibility For Project. The Recipient acknowledges and agrees that the Recipient, as opposed to Ontario, is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of any Project to which Funds are directed. The Recipient further agrees that the Recipient will not seek to hold Ontario responsible for the undertaking, implementation, completion, operation and/or maintenance of any Project to which Funds are directed through recourse to a third party, court, tribunal or arbitrator. 3.7 Asset Retention. The Recipient shall comply with Part C.7 of Schedule "C" of this Agreement as it relates to the retention of any assets purchased, rehabilitated or built with Funds being provided under this Agreement. 3.8 Behavior Of Recipient. The Recipient shall carry out any Project to which Funds are directed in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any reasonable amendments Ontario may agree to or require from time to time in writing. 3.9 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For greater certainty, the Parties acknowledge and agree that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to issue any type of approval, license, permit or similar 5 OCIF— Formula Based Component File Number: OCIF FC-0188 authorization that the Recipient may need or want in relation to any Project to which Funding is directed or to meet any terms or conditions under this Agreement 3.10 Ontario May Impose Additional Conditions On The Recipient. Ontario may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient's operations that relate to the use of any Funds which Ontario, acting reasonably, considers appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions Ontario may impose shall be supplements to the existing terms and conditions of this Agreement as opposed to amendments to the terms and conditions of this Agreement. SECTION 4 FUNDS 4.1 Use Of Funds. Any Funds being provided under this Agreement shall only be used for the payment of Eligible Costs. 4.2 Deposit Of Funds in interest-Bearing Account At Canadian Financial Institution. The Recipient shall deposit and retain any Funds being provided under this Agreement in an interest-bearing account in the name of the Recipient at a Canadian financial institution in Canada. 4.3 Interest Earned By Recipient. The Recipient shall report to Ontario the amount of any interest earned on any Funds provided to the Recipient under this Agreement in accordance with Part B.2 of Schedule "B" of this Agreement. Ontario reserves the right to request the return of any interest that the Recipient earns on the Funds. 4.4 Cost Must Be An Eligible Cost. For a cost to be considered an Eligible Cost and therefore eligible to be paid from the Funds being provided under this Agreement, the cost must be specifically set out under Part E.1 of Schedule "E" of this Agreement. 4.5 Ineligible Costs Shall Not Be Covered Under Agreement. Any costs set out in Part E.2 of Schedule "E" of this Agreement are Ineligible Costs and shall not be eligible to be paid from the Funds being provided under this Agreement. 4.6 Ontario May Declare Costs To Be Eligible. Despite section 4.4 of this Agreement, but subject to section 4.5 of this Agreement, costs not specifically set out in Part E.1 of Schedule "E" of this Agreement may be deemed in writing to be an Eligible Cost by Ontario, in its sole and absolute discretion on a case-by-case basis. 4.7 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of any Funds being provided under this Agreement, Ontario may, in its sole and absolute discretion, Adjust the Funds being provided under this Agreement. 4.8 Repayment Of Funds. The Recipient shall repay Funds to Ontario where: (a) The Recipient has used the Funds for a purpose not agreed to by Ontario; (b) The Recipient still has Funds under its charge, management or control: 6 OCIF-Formula Based Component File Number: OCIF FC-0188 (i) On January 1 of the following calendar year in which the Funds were provided, or (ii) Upon the expiry or termination of this Agreement; and (c) The Recipient receives an overpayment by Ontario and is notified by Ontario of said overpayment, within fifteen (15) Business Days of receiving a written demand from Ontario. 4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal Year which this Agreement is in effect, Ontario may immediately, without any liability, cost or penalty and without any prejudice to any other rights or remedies Ontario has under this Agreement or at law or equity, terminate this Agreement. 4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement, Ontario may Adjust the Funds being provided under this Agreement. SECTION 5 PAYMENT UNDER AGREEMENT 5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be paid from the Funds being provided under this Agreement, the cost or expense: (a) Must be reasonable; (b) Must be directly related to the Project in which the Funds are directed; (c) Must be an Eligible Cost; (d) Must not be an Ineligible Cost; and (e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on or after the Effective Date of this Agreement for the first year and January 1 of each calendar year this Agreement is in effect and spent by December 31 of the same calendar year. 5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall pay any Funds to the Recipient in accordance with Part D.2 of Schedule "D" of this Agreement. 5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part D.2 of Schedule "D" of this Agreement, Ontario may withhold the payment of any Funds to the Recipient until the Recipient has met the following further conditions precedent: (a) The Recipient has submitted to the Ministry of Municipal Affairs and Housing any outstanding Financial Information Returns by December 31 of each calendar year; (b) The Recipient has submitted to the Ministry a copy of their asset management plan and any subsequent updates by December 31 of each calendar year (c) The Recipient has: (i) Where the Recipient has previously committed to making its asset management plan publically available under any other agreement it has entered into with Her Majesty the Queen in Right of Ontario, the Recipient has made its asset management plan public by: 7 OCIF—Formula Based Component File Number: OCIF FC-0188 a. Posting its asset management plan on its website, if it has one, or b. Made its asset management plan publicly available and has provided Ontario with information as to how it has made its asset management plan publicly available; or (ii) Where the Recipient has not previously committed to completing an asset management plan by December 31, 2014 under any other agreement it has entered into with Her Majesty the Queen in Right of Ontario, the Recipient has submitted a declaration certifying that the Recipient is committed to developing an asset management plan that includes all of the information and analysis described in Building Together: Guide for Municipal Asset Management Plans, by December 31, 2015; (d) The Recipient has provided evidence that the insurance required by section 8.1 of this Agreement has been obtained within ten (10) Business Days of Ontario's request; (e) The Recipient has provided Ontario with any requested information within ten (10) Business Days of Ontario's request; and (f) The Recipient has not or is not meeting any duty to consult with Aboriginal Groups requirements set out under this Agreement. 5.4 Withholding Payment Of Funds. Ontario may, in its sole and absolute discretion, withhold the payment of any Funds to the Recipient where: (a) Ontario is of the opinion that a Project in which the Funds are directed is not progressing in accordance with how other projects of a similar size and scope would progress under similar circumstances; and (b) Ontario is of the opinion that the Recipient is, without limitation, not in compliance with any other agreements that the Recipient has entered into with Her Majesty the Queen in Right of Ontario where Ontario may be providing financial assistance to the Recipient, directly or indirectly, under that agreement. Where Ontario withholds the payment of any Funds to the Recipient, the following shall apply: (i) Ontario has complete and absolute discretion to determine whether the Recipient is in compliance with the terms or conditions of any other funding agreements, such as the Municipal Infrastructure Investment Initiative and the Small, Rural and Northern Municipal Infrastructure Fund, whereby the Recipient is receiving, directly or indirectly, funding from Ontario; (ii) Ontario shall continue to withhold any payments of any Funds to the Recipient under this Agreement until the Recipient has come into compliance with the terms and conditions of any other agreement whereby the Recipient receives, directly or indirectly, funding from Ontario; and (iii) Ontario agrees that it will act reasonably when applying this section 5.4 of the Agreement and shall promptly notify the Recipient of any determinations made by Ontario with respect to the application of this section 5.4 of the Agreement. 8 OCIF—Formula Based Component File Number: OCIF FC-0188 SECTION 6 RECIPIENT'S REPRESENTATIONS,WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND AGREEMENTS 6.1 Recipient's Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It validly exists as a legal entity, and will continue to exist for the Term of the Agreement, with full power to perform and observe all of the terms and conditions of this Agreement and that it will continue to validly exist until the Expiration Date of this Agreement; (b) It has the authority and any necessary approvals to enter into this Agreement and to carry out its terms and conditions and that it is not bound by any other agreement that would in any way interfere with Ontario's rights under this Agreement; (c) Where applicable, it has passed the requisite by-laws to undertake any Project in which Funds are directed; (d) It is conducting its business in accordance with all Requirements of Law and it shall continue to conduct its business in accordance with all Requirements of Law until the Expiration Date of this Agreement; (e) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project to which Funds are directed or that it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (f) All information provided to Ontario in relation to any Funds being provided under this Agreement remains true, correct and complete as of the date this Agreement is signed in every material respect, except as set out to the contrary herein. 6.2 Governance. The Recipient represents, warrants and covenants that it has and shall maintain until the Expiration Date of this Agreement all legally necessary instruments to: (a) Establish a code of conduct and ethical responsibilities for the Recipient; (b) Establish procedures to ensure the ongoing effective functioning and continuance of the Recipient until the Expiration Date of this Agreement; (c) Establish decision-making mechanism; (d) Provide for the prudent and effective management of any Funds being provided under this Agreement; (e) Establish procedures to enable the timely identification of risks that would interfere with the Recipient meetings its obligations under this Agreement and strategies to address the identified risks; (f) Establish procedures to enable the preparation and delivery of all reports under this Agreement; and (g) Be responsible for other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. 6.3 Additional Covenants. The Recipient undertakes to advise Ontario within five (5) Business Days of the occurrence during the Term of this Agreement of any actions, suits or other proceedings which could or would prevent compliance with the terms and conditions of this Agreement. 9 OCIF—Formula Based Component File Number: OCIF FC-0188 6.4 Recipient Shall Provide Proof Of Compliance Upon Ontario's Request. The Recipient shall, upon receiving a written notice from Ontario, provide to Ontario with proof of the matters referred to in sections 6.1 to 6.3 of this Agreement within the time period set out in the notice. Despite section 5.2 and Part D.2 of Schedule "D" of this Agreement, and without limiting the generality of section 5.3 of this Agreement, Ontario may withhold the payment of any Funds under this Agreement until the Recipient provides Ontario with proof of its compliance with the matters referred to in sections 6.1 to 6.3 of this Agreement. Ontario may also, despite anything else in this Agreement and without limiting any remedies Ontario may have under this Agreement, at law or equity, Adjust the Funds if the Recipient is not in compliance with the matters referred to in sections 6.1 to 6.3 of this Agreement at any time during the Term of this Agreement. SECTION 7 CONFLICT OF INTEREST AND CONFIDENTIALITY 7.1 No Conflicts Of Interest. The Recipient shall ensure that any Person associated with the Project in whatever capacity carries out the administration of any Funds in all its aspects without an actual, potential or perceived Conflict of interest. 7.2 Disclosure Of Conflict Of Interest Situations. The Recipient shall: (a) Disclose to Ontario, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest; and (b) Comply with any terms and conditions that Ontario may impose as a result of the disclosure. 7.3 Ontario Bound By FIPPA. The Recipient acknowledges that the provisions of the FIPPA and its regulations bind Ontario. SECTION 8 INSURANCE 8.1 Recipient Shall Have Insurance. The Recipient shall put in effect and maintain until the Expiration Date of this Agreement at its own expense all necessary insurance that would be considered appropriate by a reasonable for the types of Projects in which Funds are being directed, including Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than the amount indicated in Part C.3 of Schedule "C" of this Agreement per occurrence with insurers with an A.M. Best rating of B+ or equivalent. The Recipient's Commercial General Liability Insurance policy shall include: (a) The Indemnified Party as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) A cross-liability clause; (c) Contractual Liability coverage; (d) Products and Completed Operations Liability coverage; (e) Employers Liability; (f) Tenants Legal Liability (for premises/building leases only); 10 OCIF—Formula Based Component File Number: OCIF FC-0188 (g) Non-Owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation, termination or material change clause. 8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The Recipient acknowledges and agrees that Ontario shall have a priority over any other Person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance required under section 8.1 of this Agreement to pay any claim, suits, judgments, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for damages to property and injury to persons, including death, that may be brought against Ontario as a result of this Agreement. SECTION 9 LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1 Exclusion Of Liability. In no event shall Ontario be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the Recipient's officers, servants, employees and agents arising out of or in any way related to this Agreement. 9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of their own gross negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. 9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party form any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of their own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or 11 OCIF—Formula Based Component File Number: OCIF FC-0188 employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project. 9.4 Recipient To Require Third Parties To Indemnify Ontario. The Recipient shall use all reasonable efforts to ensure that all third parties that the Recipient enters into a Contract with indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement or assertion of this section 9.4 of the Agreement as against any third party. 9.5 Recipient To Limit Heads Of Damage As Against Ontario In Contracts With Third Parties. The Recipient shall use commercially reasonable efforts to include in the Recipient's Contracts with any third party a provision that provides notwithstanding anything else, and in no event whatsoever, shall Ontario be liable to the third party for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur as a result of anything under or related in any way to this Agreement or the Project in tort, contract or otherwise. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement of this section 9.5 of the Agreement as against any third party. SECTION 10 PROCUREMENT 10.1 Ontario Not Responsible For Claims Under Tender/Bidding Process. Without limiting the generality of section 9.1 of this Agreement, Ontario shall not be responsible for any claim arising from the tender and bidding process in relation to any Project in which Funds are directed. 12 OCIF—Formula Based Component File Number: OCIF FC-0188 10.2 Competitive Procurement Process. The Recipient shall acquire and manage its equipment, services and supplies, including any construction component, required for any Project in which Funds are directed through a transparent, competitive process that ensures the best value for any Funds expended. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient shall follow its procurement policies as required under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall ensure that for equipment, services and supplies, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3)written quotes unless Ontario gives prior written approval. The requirement for a competitive process under this section 10.2 of the Agreement may be waived with prior written approval by Ontario, if: (a) The equipment, services or supplies the Recipient is purchasing is specialized and is not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for the equipment, services or supplies purchased. 10.3 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA shall apply. 10.4 Contracts. The Recipient shall ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Are managed in a way that is transparent, competitive and consistent with value for money principles (e) Require that any third parties thereto comply with all Requirements of Law; and (f) Authorize Ontario to collect, use and disclose in accordance with the Requirements of Law information and data gathered by the third party in connection with Project, perform audits of the third party and monitor the Project as Ontario sees fit. 10.5 Costs Of Contracts Not Awarded In Compliance With This Section May Be Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in a manner that is not in compliance with this section 10 of the Agreement, Ontario may, upon written notification to the Recipient, deem the costs associated with the Contract as being ineligible for payment from the Funds. 10.6 Goods And Services To Be Procured In Competitive Manner And At Price No Greater Than Fair Market Value. Despite anything else contained in this section 10 of the Agreement, the Recipient shall ensure that all goods and services purchased with any Funds being provided under this Agreement are purchased or acquired at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient. 13 OCIF— Formula Based Component File Number: OCIF FC-0188 10.7 Recipient To Keep Records Of Contracts. The Recipient shall keep and maintain proper and accurate accounts and records, including, but not limited to, all Contracts, invoices, statements, receipts and vouchers in relation to any Project in which Funds are directed for a period of at least seven (7) years after the Term of this Agreement. 10.8 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient shall comply with all applicable requirements of Annex 502.4. In the event of any conflict between the requirements of any other provisions of this section 10 of the Agreement and the requirements of Annex 502.4, the requirements of Annex 502.4 shall apply to the extent of the conflict. SECTION 11 ABORIGINAL CONSULTATION 11.1 Provision Of Funds Dependent Upon Ontario Meeting its Duty To Consult Obligations. The Recipient hereby acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon Ontario satisfying any obligation it may have to consult with and, if required, accommodate any Aboriginal Group with an interest in any Project in which Funds are directed in order for the Project to proceed. 11.2 Recipient Ontario's Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, Ontario delegates the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to any Project in which Funds are directed to the Recipient as set out in Schedule "F" of this Agreement. The Recipient, by signing this Agreement, acknowledges that Ontario has delegated the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to any Project in which Funds are directed and accepts said delegation and agrees to act diligently as Ontario's delegate so as to preserve the Honour of the Crown in relation to any consultation obligations Ontario may have in relation to any Project in which Funds are directed. 11.3 Recipient's Obligations In Relation To Consultations. The Recipient shall: (a) Be responsible for consulting with any Aboriginal Group that has an interest in any Project in which Funds are directed on behalf of Ontario in accordance with Schedule "F" of this Agreement; (b) Take directions from Ontario in relation to consulting with any Aboriginal Group with an interest in any Project in which Funds are directed as well as any other directions Ontario may issue in relation to consultations, including suspending or terminating any Project in which Funds are directed; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in any Project in which Funds are directed in its Project Report, as set out under Part B.1 of Schedule "B" of this Agreement. 11.4 Recipient Shall Not Start Construction On Project Until Recipient Provides Evidence To Ontario That Notice Of The Project Has Been Given To Identified Aboriginal Groups. The Recipient shall not commence or allow any third party to 14 OCIF-Formula Based Component File Number: OCIF FC-0188 commence construction on any aspect of any Project in which Funds are directed for forty-five (45) Business Days, or such other time as Ontario may direct, after it has provided Ontario with written evidence that the Recipient has sent notice about any Project in which Funds are directed to the Aboriginal Groups identified in accordance with Schedule "F" of this Agreement. SECTION 12 COMMUNICATIONS 12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the Communications Protocol set out under Schedule "G" of this Agreement. SECTION 13 REPORTS 13.1 Project Report. The Recipient shall submit a Project Report for every Project it proposes to direct Funds under this Agreement toward, as set out under Part B.1 of Schedule "B" of this Agreement, to Ontario by the date indicated in Part C.4 of Schedule "C" of this Agreement and in accordance with the requirements set out under Part B.1 of Schedule "B" of this Agreement during the Term of this Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.2 Annual Financial Report. The Recipient shall submit an Annual Report, as set out under Part B.2 of Schedule "B" of this Agreement, to Ontario on the dates set out in Part C.5 of Schedule "C" of this Agreement and in accordance with the requirements set out under Part B.2 of Schedule "B" of this Agreement during the Term of this Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.3 Additional Reports Upon Request. The Recipient shall, upon Ontario's request in writing, collect such information and provide such additional reports as Ontario may specify from time to time during the Term of this Agreement. The Recipient shall provide any additional reports within ten (10) Business Days of the request, unless the request provides otherwise. 13.4 Compliance Attestation. The Recipient shall provide a compliance attestation in accordance with the following when any reports required under sections 13.1 to 13.3 of this Agreement is submitted: (a) Where the Recipient is a municipality, the compliance attestation shall be signed by the Recipient's Administrative Officer/Clerk or Treasurer. (b) Where the Recipient is a LSB, the compliance attestation shall be signed by the Recipient's Chair or secretary. 15 OCIF —Formula Based Component File Number: OCIF FC-0188 SECTION 14 RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION 14.1 Recipient's Obligations Under Agreement. The Recipient: (a) Shall keep and maintain all financial records, receipts, invoices and other financially-related documents relating to any Funds or otherwise in relation to any Project in which Funds are directed in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by Ontario for a period of seven (7) years from the Expiration Date of this Agreement; and (b) Shall maintain all non-financial documents and records relating to any Funds or otherwise to any Project in which Funds are directed, including any records it receives about the people it serves, in a confidential manner consistent with all Requirements of Law. 14.2 Ontario May Inspect Recipient's Premises And Projects' Premises At Any Time. Ontario reserves the right to inspect the Recipient's premises and any premises of any Project in which Funds are directed at any time as it relates to the provision of any Funds under this Agreement. Without limiting the generality of the foregoing, the Recipient hereby authorizes Ontario, its employees and agents, including the Auditor General, to, upon twenty-four (24) hours' written notice and during normal business hours, enter the Recipient's premises to review the status of any Project in which Funds are directed and to copy any financial records, invoices and other financially-related documents, including all Contracts the Recipient has entered into in relation to any Project in which Funds are directed. 14.3 Audits. Ontario may, at its own expense, conduct audits of any Project in which Funds are directed. Ontario may require the assistance of an external auditor to carry out an audit. If so, Ontario shall be responsible for retaining the external auditor. 14.4 Auditor General. The Auditor General may, at the Auditor General's cost, conduct an audit with respect to the use of any Funds under this Agreement. For the purposes of facilitating such an audit, the Recipient shall release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General: (a) All records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and/or the use of the Funds; and (b) Such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to any part of this Agreement or the use of the Funds. 14.5 Information. The Recipient shall supply to Ontario, within ten (10) Business Days of receiving a written request, such information in respect of this Agreement or any Project in which Funds are directed as Ontario requests unless the request provides otherwise. 14.6 Provision Of Information Is A True Condition Precedent. If, in the opinion of Ontario, any of the information requirements of this Agreement are not met, Ontario may in its sole and absolute discretion, and despite section 5.2 and Part D.2 of Schedule "D" of this Agreement, require the information as a condition precedent to the payment of any Funds under this Agreement. 16 OCIF—Formula Based Component File Number: OCIF FC-0188 SECTION 15 DEFAULT AND TERMINATION 15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or penalty and without prejudice to any other rights or remedies of Ontario under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Recipient where: (a) In the opinion of Ontario: (i) The Recipient has provided false or misleading information to Ontario; (ii) The Recipient breaches a material term or condition of this Agreement, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably; (iii) The Recipient breaches a material term or condition of any other funding agreement it has with Ontario, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably; (iv) The Recipient is unable to continue with any Project in which Funds are directed or the Recipient is likely to discontinue any Project in which Funds are directed; (v) A material adverse change occurs such that the viability of a Recipient as a going concern is threatened; (b) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or (c) The Recipient ceases to operate. 15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an Event of Default has occurred, Ontario shall have the following remedies: (a) Ontario shall not have to provide any further Funds under this Agreement; (b) Ontario may, at is option, terminate this Agreement immediately after any notice period expires or may, in its sole and absolute discretion, Adjust the Funds, including a demand to return all Funds provided under this Agreement; (c) Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this Agreement, Ontario may commence such legal action or proceedings as it, in its sole and absolute discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to Ontario at law, equity or under statute. 15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute discretion, at any time, waive any above-mentioned Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from Ontario. Ontario may also impose conditions on any waiver it provides under this section 15.4 of the Agreement. 17 OCIF—Formula Based Component File Number: OCIF FC-0188 15.5 Ontario's Discretion To Terminate Agreement. Despite anything else contained in this Agreement, Ontario may, without liability, cost or penalty and without prejudice to any other rights or remedies Ontario may have under this Agreement or at law or in equity terminate this Agreement at any time upon one hundred and eighty (180) days' notice to the Recipient, provided it acts reasonably in doing so. 15.6 Termination Of Agreement For Circumstances Beyond The Control Of A Party. Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. Should the event last more than ninety (90) Business Days, this Agreement shall terminate and the process set out under section 15.5 of this Agreement shall be followed, with any necessary modifications. 15.7 Date of Termination. In the event of termination pursuant to this section 15 of the Agreement, the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. SECTION 16 GENERAL PROVISIONS 16.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, third party contractors shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all of the covenants, representations and warranties set out herein. 16.2 Representatives May Bind Parties. The Parties represent and warrant that their respective representatives have the authority to legally bind them to the extent permissible by the Requirements of Law. 16.3 Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 16.4 Agreement Binding. This Agreement shall enure to the benefit of and be binding upon the Parties, their successors, executors, administrators, heirs and their permitted assigns. 16.5 Waivers In Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the notice provisions set out in section 16.19 of this Agreement. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. 16.6 Tolerance Of Indulgence Of Breach Not A Waiver. Any failure by Ontario to insist in one or more instances upon strict performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver by Ontario of its rights to require strict performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 18 OCIF-Formula Based Component File Number: OCIF FC-0188 16.7 Time Is Of The Essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. 16.8 Severability. If any term or condition of this Agreement, or the application thereof to the Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the Parties, persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any other person unless the Ontario agrees to the assignment in writing. Ontario may impose any terms or conditions. 16.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Parties. 16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this Agreement and no provision herein shall be interpreted against one Party by the other Party because of authorship. No Party shall seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. 16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of Ontario and the Recipient shall not take any actions that could establish or imply such a relationship. 16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the Recipient to carry out the Project. The Recipient represents, warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms and conditions of this Agreement or otherwise granted any right or authority to assume or to create any obligations or responsibility, express or implied, on behalf of or in the name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner whatsoever other than as specifically provided under this Agreement. 16.14 Consultants. Ontario acknowledges and recognizes that, in connection with the carrying out the Project, the Recipient may engage one or more Consultants. Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including the hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 16.15 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing Ontario concerning any matter relating to any Funds under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 1998; 19 OCIF— Formula Based Component File Number: OCIF FC-0188 (b) It has not and will not make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms and/or conditions of this Agreement; and (c) No money from the Government of Ontario was used to lobby or otherwise secure the provision of any Funds hereunder. 16.16 Debt Owing To Her Majesty The Queen In Right Of Ontario. Any payment that the Recipient is required to make under this Agreement shall constitute a debt due and owing to Her Majesty the Queen in Right of Ontario and the Recipient shall pay the amount to Ontario immediately upon written demand unless Ontario directs otherwise. 16.17 Her Majesty The Queen In Right Of Ontario May Charge Interest. Her Majesty the Queen in Right of Ontario may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 16.18 Set-Off By Ontario. In the event that the Recipient is indebted to Her Majesty the Queen in Right of Ontario under this Agreement, Ontario may sei-off that debt against any amounts payable to the Recipient by Her Majesty the Queen in Right of Ontario. This right of set-off is in addition to any rights of set-off it has under the Financial Administration Act(Ontario) or the Financial Administration Act(Canada). 16.19 Notice And Service Of Documents Under Agreement. Notices shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile transmission or Email transmission and shall be addressed to Ontario and the Recipient respectively, as set out in Part C.6 of Schedule "C" of this Agreement. Notice shall be deemed to have been received: (a) In the case of postage-prepaid mail, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery, facsimile transmission or Email transmission, one (1) Business Day after such notice is delivered to the other Party. In the event of a postal disruption, notices shall be given by personal delivery, facsimile transmission or Email transmission. Unless the Parties expressly agree in writing to additional methods of notices, notices may only be provided by the method(s) contemplated in this section 16.19 of the Agreement. The Parties agree that for the purposes of this section 16.19 of the Agreement, the name(s) of the individuals may be changed without amending the Agreement through the Party making the change providing written notice to the other Party of said change. 16.20 Governing Law. This Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings in connection with this Agreement shall be conducted in Ontario. 20 OCIF— Formula Based Component File Number: OCIF FC-0188 16.21 Agreement Executed In Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same agreement. 16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations or agreements. No prior document, discussion, negotiation, provision undertaking or agreement in relation to the subject matter of this Agreement has any legal effect. No representation or warranty, whether express, implied or otherwise, has been made by Ontario to the Recipient except as expressly set out in this Agreement. 16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination shall so survive. Without limiting the generality of the foregoing, the provisions that shall survive the termination or expiration of this Agreement for a period of seven (7) years from the Expiration Date or termination of this Agreement, whichever occurs first, include: sections 3 to 6, 9, 11 and 13 to 15; subsections 1.2 to 1.7, 2.2, 16.5, 16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts C.6 and C.7 of Schedule "C" of this Agreement and Schedules "E" and "F"; along with all applicable defined terms within section 1, all cross-referenced provisions within the foregoing sections, subsections and Schedules. IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs Name: George Borovilos Date Title: Assistant Deputy Minister (A) I have the authority to bind the Crown pursuant to delegated authority. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Date Title: Name: Date Title: I/We have the authority to bind the Recipient. 21 OCIF— Formula Based Component File Number: OCIF FC-0188 SCHEDULE "A" ELIGIBLE PROJECT CATEGORIES Eligible Projects include: The development and implementation of asset management plans (e.g. software, training, inspections)for core infrastructure assets Capital projects and capital maintenance for the renewal, rehabilitation and replacement of core infrastructure assets which include: - Roads c Paved Roads • Unpaved Roads o Street lighting and sidewalks may be included as eligible items when part of a road project. - Bridges and Culverts - Water • Water Treatment o Water Distribution/Transmission - Wastewater o Wastewater Treatment & Disposal o Sanitary Sewer Systems o Storm Sewer Systems (Urban and Rural) o Note: Routine upgrades or improvements to storm water infrastructure and drainage are ineligible; an eligible project must eliminate or significantly reduce the potential for serious damages to adjacent critical infrastructure (e.g. roads, bridges). Funds are not to be used for growth-related expansion projects (e.g., new subdivision infrastructure). A Recipient may choose to transfer its yearly allocation to another eligible Recipient in the furtherance of a joint project. A Recipient will only be allowed to transfer Funds if the following are in place: • The participating Recipients will need to inform Ontario that they are undertaking a joint project and put formal agreements in place for the joint project that provide details on the shared funding arrangement and reason for the transfer of Funds. • The Project being funded is listed as a priority in the asset management plans of all Recipients involved in the Project. 22 OCIF—Formula Based Component File Number: OCIF FC-0188 SCHEDULE "B" PROJECT REPORT AND ANNUAL FINANCIAL REPORT PART B.1 —PROJECT REPORT The Project Report shall indicate to the Ministry what Project the Recipient will use the Funds for. The Project Report contains two sections: (1) Proposed Project Reporting Table and (2) Annual Project Information Update. The Recipient must submit a separate Project Report for every Project proposed to utilize the Funds. PROPOSED PROJECT REPORTING TABLE Section A of the applicable Project Report must be submitted 45 Business Days prior to the start of any construction or no later than March 31st of each calendar year. Should the Recipient require a revision in the Project set out in the Project Report; the Recipient shall revise the Project Report and submit an updated Project Report as soon as possible to the Ministry and prior to any construction being undertaken on the Project. The Recipient shall note that the Project has been changed From the original Project Report. ANNUAL PROJECT INFORMATION UPDATE Section B of the applicable Project Report must be submitted no later than December 31st of each calendar year. There are two (2) Project Reports: • Project Report A: Road Resurfacing or Asset Management Projects • Project Report B: Other Eligible Projects For Projects involving asset management or road resurfacing, use report "A". Road resurfacing is defined as a road Project where the land will not be disturbed, altered or affected through excavation (i.e., no increase in width, change in alignment, etc.) except for the removal of the current surface and the installation of a new surface. For all other Projects use report "B". 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O 27 OCIF—Formula Based Component File Number: OCIF FC-0188 7 3 0 0 ;, c a > f 111 7' rp 1 . T Z c 7 'n n z -, < O" O< v N N " A s ^• I. ,D °., ''' Z O pN nO -, ',J r 7 cj u. s C S al " t 9 O a O , 0 0 3_7 (0 N 7 f1 n a O N c 3 z m a or C < r N = -1 O r' Er(' m tLU{ flIUflIII - O - o v A x-d T On n ; n-0 ' o°= c ' TvJ oOo - 7O03 ooO m ti 3 3 s d 3 4' 3 <y w 'E l' O ' ; O 1- ^ _SIN — 025. -7 c 3 7 -o < .3a a s z +2' o r o 2 ^ w c. m K '1m ^. 3 a -0 * -o x° o o v+ o a 3 " < ro m , d r oo a' R o 2 a < ^ 0 F . 3 < to ° o 0 3 n Q o ^ ' ^ a T -7i. C 7 O O 7 0 3 a 7 T 51 O_ ,y- 7 „ o a 'a(p c ;7-9 u+ a 2 .7 -. 7 O = A = N 0 _7• ," ct, 7 a d Cr c 7 < V < » N -• r'-' �.13 = C a O 0 N C 3 5. _ T OO , >ry v a - ,D S n enp G ^ n L N- c a 0- , C'- 0 mn C ^ ^ C> `331§ 97 ,7 1 n g5a.., 6, 7 H ' a 7 -0 < c O f n O. y. 7 . L rNp - d °' it T • o 0 c " =.• 0 v o = - c c n^ 3' o a. a G a' o w m m f f ? N' o 3 c m m — • A C N d T N (E d ;n 0' co S 3 O T * fD C " A O 2. '"i m .fl rp O 'y .may 294iF,' 5 rt O. T O 0 a d N. 'T' °, 'D - £ 2 o T X -v v a g d a = 3 x `o 0 3 0 n y ° ,o n, z m `0 m `c -- m c dn ''4 r. a 7 W• � -w n 3 v T N _ -w a ct '+ a ; O' t' H• W = N a IT ti OT z D O H S ? O 7 0 3 3 0 ro 0 ,a z 28 OCIF—Formula Based Component File Number: OCIF FC-0188 z • 02D D ol v x i'n' > O W F'''' e+ 7 O N 0 x 0 n n D Q d � c a l7 Ci El � ❑ ❑ � D> o a m N. C A a S C a. d. ii E O tp N 0 N n/° Mr"-'ii)"' 7g1=1 c H a : rce I' 2 1. Fr - } v r - c `. O 0 c 3' 00T -0 a.o a n o o c S d ❑ ° .' v o v 3 :°,-', ' 2 m in o < ee °9n N Q W 3 z d r) d � 2 rree a.Z }, t' 0 0 o a a. � < m c W a Xs a '^'c a . - 3 m e 8 0 i , i -IA 1 g z o S N ' ii c < : - c G 3 m N d 3► — C SI C W rV ^ 0 S a �. m S g g 1 1 M A C N < A 3• e 3 - D m N s n o 3 s r° N 3 a D 3 0 r"'e ). a in y -" w o r 13 y c c a. m co IL T 4 re < 3 F. 2.1 Er 7 K 4. o p 0 3 . 5 7 su r R. O O mi rae 7 a' w7 G_ • m• a- O t t o n 3 re < ` ° v C 0Z A v i 1 n 01E 3 j jt� g a 5-O g T 4 j a g. n � a no C 3 N e N O rt 1 y 7. N N '� > 02 z 3 5 c' z❑ D Z❑ I a I. t o I o Z �. ` 3 < O O O o A .. s C La- 7 �" T D 7D L o. (e C7 C'D CU c a D C] CI Li ►' D A c rp o -I N A A T � c z z z og. ee ❑ ❑ ❑ 0 g- -'0 <— V. 0 0 0 � _ d o c o X.n X O ° ° m b N 3 a X x a. a. nC3 -a i 3. ". 08 a 3n 3. o < m 2 T C O c 5' '4- n as d ° ^ as �+ 3 ' a n = a s ? a, rp ca- 3 G c / 3 o _ = a O 2 a a a a .c }S °", f°", 3 I I g N C v V ig 1+f1 N a 7 ° ro O i I .2 d A e3 -0 3 a.N S a c 5 a ET_ r. L-1 0 1ir z ri r3 r: 3 -a °, a 0.o 0 o DI aa n 3' on 29 OCIF—Formula Based Component File Number: OCIF FC-0188 z § -0 » a Iz' /a \ - ® ) � . . . q ƒf \ { / , q \ fib § \ } | 2R ) § R � » 3, zzj2- ? � 2. 5. ¢ 7 c �] 9' [ % 7 \ z J / 2 l 2 -4 § !> / § \ } } �-0 • st � �\ § v, cov = o ) /E.ƒ ƒ � � o 8 ' ' �2 / 0- } � a� 0 � " .^ k , ] [ , : % _ -I ƒ } ± ; \ 2 - 5 -< a ° a° I/ 10f } � �\ et eta$ 35t ® ) ' 2 § - - - - 7 ; } � E } , � = a * ( } \) ; = E 99 ] 2 g I § \\ § \\ } \ \ - 2 rIQ t., � } } ! ` — t f« % / i I - - # O =m t Er y 2 \ \ 1 -. ; ! � ow � 222 . , / [ ) " .\ \ rD !) & § \\ • \ ® �) - } } / - CI °I: c'' : 5 z �& % ! re 0. . (/ ) k i 3' � ! e LI ' • | i | ] RI SIT ` / %( / .{ \ { , ¥c. \;.'7...f m oo c O ƒ ƒ ƒ ƒ 00 0 0 F E f 30 OCIF—Formula Based Component File Number: OCIF FC-0188 ANNUAL FINANCIAL REPORT ONTARIO COMMUNITY INFRASTRUCTURE FUND -ANNUAL FINANCIAL REPORT Ontario Recipient Name-. Contact Name,Title: Email: Phone: FUNDS RECEIVED FROM DOE FORMULA COMPONENT (refer to Schedule"D"of your Agreement) S • ADDITIONS TO THE FUNDING AMOUNT: Ado:Any interest earned on the funds received: S • (As per section 4.3 of your Agreement recipients ore required to provide the amount if any,of the interest earned on the funds provided.Recipients ore responsible for the calculation of interest earned.) Add;My amount(s)received from another Recipient's OCIF Allocation. (Provide name of Municipality/Local Services Board and amount received) Name of MunldpalIty/L55 i. 5 2. S 3. $ TOTAL RECEIVED FROM OTHER RECIPIENTS: $ - TOTAL FUNDS REQUIRED TO BE USED FOIL PERIOD: $ $UBTRACTIONS FROM THE FUNDED AMOUNT. Subtract.Ary OCIF allocation amounts}transferred to another Municipality/USB: (Provide name of Municipality/Local Services Board and amount transferred) Name of Municipality/LBS 1. $ 2, 5 3, S TOTAL TRANSFERRED TOO111ER RECIPIENTS: S - Subtract-Total formula funds utilized on eligible projects: (Provide project name and total formula funds used for the project(s).Projects should match what was submitted in Section B-Part 2 Financial Update section of your required Project Report(s)) Project Name 2. S 3. 5 4 5 5 $ TOTAL FUNDS USED ON ELIGIBLE PROJECTS; $ TOTAL FUNDS TRANSFERRED OR SPENT: $ CLOSIii$$➢tTJUb C6'i#'RUt *: - "As per section 3.5 of your Agreement,Ontario may adjust the amount provided in the following year by the amount of Funds nor spent by December 33.if the balance of funds is greater than zero,you must ensure that you have provided an amount for interest earned above. ATTESTATION BY TREASURER/CLERK/CHIEF ADMINISTRATNE OFFICER By inserting a name.title and date below,the Recipiert warrants that 1. The information provided herein ted in any document attached is accurate and eomplete; 2. Any Interest earned(as noted under Additions to the Funding Amount above)has been used for costs associated with eligible projects or has beer remitted to the Ministry;and 3 The Recipient is in compliance with all of the terms and conditions of the Agreement. Name Date I Title 31 OCIF— Formula Based Component File Number: OCIF FC-0188 SCHEDULE "C" OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT PART C.1 —EFFECTIVE DATE OF AGREEMENT C.1.1 Effective Date Of Agreement. This Agreement is effective as of the date that the Minister signs it. PART C.2—EXPIRATION DATE C.2.1 Expiration Date Of Agreement. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2018. PART C.3—INSURANCE REQUIREMENTS C.3.1 Insurance Requirements. The Recipient shall have no less than two million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. PART C.4—SUBMISSION OF PROJECT REPORT C.4.1 Submission Of Project Report. The Recipient shall submit its Project Report in accordance with the following: The Recipient shall submit section "A" of the applicable Project Report to Ontario 45 Business Days prior to the start of any construction or no later than March 31st of each calendar year. The Recipient shall submit section "B" of the applicable Project Report to Ontario no later than December 31 St of each calendar year. PART C.5—SUBMISSION OF ANNUAL REPORT C.5.1 Submission Of Annual Report. The Recipient shall submit the Annual Financial Report and Part "B" of the Project Report for all applicable Projects to Ontario by December 31St of the year in which the Funds were received. 32 OCIF— Formula Based Component File Number: OCIF FC-0188 PART C.6—NOTICE AND CONTACT C.6.1 Notice And Contact Information. Notices under this Agreement shall be sent to the following persons at the following addresses: To Ontario: To Recipient: Ministry of Agriculture, Food and Rural Affairs The Corporation of the City of Niagara Rural Programs Branch Falls 1 Stone Road West, 4NW 4310 Queen Street, PO Box 1023 Guelph, Ontario N1G 4Y2 Niagara Falls, Ontario L2E 6X5 Attention: Joel Locklin, Manager Telephone: 519-826-3791 Attention: Ken Todd Fax: 519-826-3398 Telephone: (905) 356-7521 Email: OCIF@ontario.ca Email: ktodd@niagarafalls.ca PART C.7—ASSET RETENTION PERIOD C,7.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds Under Agreement. The Recipient shall notify OMAFRA in writing of any disposal of assets purchased by the Funds at least one hundred and eighty (180) Business Days in advance of the disposition. The Recipient shall not dispose of any assets purchased, constructed, rehabilitated or improved by the Funds without the prior written consent of Ontario. C.7.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated or built with Funds under this Agreement for a period of five (5) years from the date that the Project is completed. 33 OCIF—Formula Based Component File Number: OCIF FC-0188 SCHEDULE "D" FINANCIAL INFORMATION FOR THE PROJECT PART D.1 —PROVISION OF FUNDS D.1.1 Funds Provided By Ontario. Subject to the terms and conditions of this Agreement, Ontario shall provide the Recipient with an amount up to the amount indicated in the table immediately below in Funds for Eligible Costs. Subject to sections 3.5 and 4.3 of this Agreement, the Recipient may also retain any interest earned upon those Funds Funding Annual Financial Timeframe for Funds to be spent: Year Assistance 2015 $ 837,567.00 January 1 - December 31, 2015 2016 $ 837,567.00 January 1 - December 31, 2016 2017 $ 837,567.00 January 1 - December 31, 2017 PART D.2—PAYMENT OF FUNDS D.2.1 Payment of Funds. Ontario shall pay, subject to the terms and conditions of the Agreement, to the Recipient the Funds in accordance with the following: Annual Financial Assistance is equal to or under$150,000.00 Funding Year 100% Payment Date Range 2015 January— March 2015 2016 January— March 2016 2017 January— March 2017 Annual Financial Assistance is over$150,000.00 Funding Year 1st Installment (25%) 2nd Installment (50%) 3rd Installment (25%) 2015 January— March 2015 April—June 2015 July to September 2015 2016 January— March 2016 April —June 2016 July to September 2016 2017 January— March 2017 April —June 2017 July to September 2017 34 OCIF—Formula Based Component File Number: OCIF FC-0188 SCHEDULE "E" ELIGIBLE AND INELIGIBLE COSTS PART El —ELIGIBLE COSTS E.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part E.2 of this Schedule "E" of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in Ontario's sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays that are documented through invoices, receipts or other records that is acceptable to Ontario. Without limiting the generality of the foregoing, Eligible Costs shall only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, a tangible core infrastructure asset; (b) Development and implementation of asset management plans (e.g. software, training and inspections); (c) All planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (d) The costs for permits, approvals, licences and other authorizing documents, as well as inspections and other fees directly attributable to obtaining a permit, approval, licence or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project, (e) The costs for consulting with an Aboriginal Group, including the Recipient's legal fees, provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by Ontario in writing prior to being incurred; (f) The costs of developing and implementing innovative techniques for carrying out the Project; (g) The costs of Project-related signage, lighting, Project markings and utility adjustments; (h) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule "G" of this Agreement; and (i) Other costs that are, in Ontario's sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by Ontario in writing prior to being incurred. 35 OCIF— Formula Based Component File Number: OCIF FC-0188 PART E.2—INELIGIBLE COSTS E.2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be paid from the Funds being provided under this Agreement: (a) Costs not incurred in accordance with section 5.1(e) of the Agreement; (b) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, and includes real estate fees and other related costs; (c) Financial charges, legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), loan and interest payments (d) The value of any goods and services which are received through donations or in kind; (e) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; (f) Meal, hospitality or incidental costs or expenses of Consultants (g) Costs associated with completing Expressions of Interest and/or applications for the Ontario Community Infrastructure Fund or the Building Canada Fund — Small Communities Fund; and (h) Costs of accommodation for any Aboriginal Group. E.2.2 Harmonized Sales Tax. Any portion of the Harmonized Sales Tax that is refundable by the Canada Revenue Agency as an input tax credit or as a rebate shall be deemed to be an Ineligible Cost. Any portion of the Provincial Sales Tax that is refundable by the respective provincial tax authority shall be deemed to be an Ineligible Cost. E.2.3 Costs Of Non-Arm's Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm's Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. Ontario may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. 36 OCIF—Formula Based Component File Number: OCIF FC-0188 SCHEDULE "F" ABORIGINAL CONSULTATION REQUIREMENTS PART F.1 -PURPOSE AND DEFINITIONS F.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from Ontario to the Recipient. F.1.2 Definitions. For the purposes of this Schedule: "Section 35 Duty" means any duty Ontario may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. PART F.2-RESPONSIBILITIES OF ONTARIO F.2.1 Ontario's Responsibilities. Ontario is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as Ontario may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. PART F.3-RESPONSIBILITIES OF THE RECIPIENT F.3.1 Recipient's Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by Ontario, if such notice has not already been given by the Recipient or Ontario; (b) Immediately notifying Ontario of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; 37 OCIF—Formula Based Component File Number: OCIF FC-0188 (d) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (e) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising Ontario of the details of the same; (f) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (g) Maintaining the Aboriginal Groups on the Recipient's mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (h) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (i) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (j) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with Ontario; (k) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (I) Answering any reasonable questions to the extent of the Recipient's ability and receiving comments from the Aboriginal Groups, notifying Ontario of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (m) Where an Aboriginal Group asks questions regarding the Project directly of Ontario, providing Ontario with the information reasonably necessary to answer the inquiry, upon Ontario's request; (n) Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the 38 OCIF-Formula Based Component File Number: OCIF FC-0188 Project and reporting to Ontario any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (o) Consulting regularly with Ontario during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to Ontario the results of such discussions prior to implementing any applicable accommodation measures; (p) Complying with Ontario's direction to take any actions, including without limitation, suspension or termination of the Project, as Ontario may require; and (q) Providing in any contracts with Third Parties for the Recipient's right and ability to respond to direction from Ontario as Ontario may provide. F.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section 11.2 of the Agreement, Ontario, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. F.3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to Ontario: (a) Provide to Ontario, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide Ontario with complete and accurate copies of such records upon request; (c) Provide Ontario with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify Ontario of any contact by any Aboriginal Groups regarding the Project and provide copies to Ontario of any documentation received from Aboriginal Groups; (e) Advise Ontario in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify Ontario if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide Ontario with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by Ontario; and (h) If applicable, advise Ontario if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. 39 OCIF—Formula Based Component File Number: OCIF FC-0188 F.3.4 Recipient Shall Assist Ontario. The Recipient shall, upon request lend assistance to Ontario by filing records and other appropriate evidence of the activities undertaken both by Ontario and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by Ontario and by the Recipient, to the relevant regulatory or judicial decision-makers. PART F.4—No IMPLICIT ACKNOWLEDGEMENT F.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by Ontario or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in subsection F.1.2 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. PART F.5—GENERAL F.5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of Ontario is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, Ontario, and provincial ministries, boards, agencies and other regulatory decision-makers. PART F.6—NOTICE AND CONTACT F.6.1 Notices In Relation To Schedule. All notices to Ontario pertaining to this Schedule shall be in writing and shall be given sent to the person identified under Part 6.4 of Schedule C. 40 OCIF—Formula Based Component File Number: OCIF FC-0188 SCHEDULE "G" COMMUNICATIONS PROTOCOL This Communications Protocol (Protocol) outlines the respective responsibilities and the working relationship between the Parties to this Agreement as they relate to all communications by the Parties regarding funding received in relation to the Project. PURPOSE This Protocol applies to all communications activities related to any funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: • Project signage • Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases • Printed materials • Websites • Photo compilations • Award programs • Awareness campaigns PROJECT SIGNAGE If the Recipient installs a sign at the site of a Project, the Recipient shall, at Ontario's request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by Ontario. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by Ontario prior to installation. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. MEDIA EVENTS The Recipient or Ontario may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty-one (21) Business Days' notice to the other Party of its intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to participate in such events through a designed representative. Each participant will choose its designated representative. All joint communications material related to media events and announcements must be approved by Ontario and recognize the funding provided by Ontario. 41 OCIF—Formula Based Component File Number: OCIF FC-0188 Media events and announcements include but are not limited to: • News conferences • Public announcements • Official events or ceremonies • News releases PRINTED MATERIALS, WEBSITES, PHOTO COMPILATIONS, AWARD PROGRAMS, AWARENESS CAMPAIGNS The Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient shall provide the opportunity for Ontario to participate and shall recognize the funding provided by Ontario. ISSUES MANAGEMENT The Recipient shall share information promptly with Ontario should significant emerging media, Project or stakeholder issues relating to a Project arise. Ontario will advise Recipients, when appropriate, about media inquiries concerning the Project. COMMUNICATING SUCCESS STORIES The Recipient agrees to communicate with Ontario for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. The Recipient acknowledges and agrees that Ontario may publicize information about the Project. Ontario agrees it will use reasonable efforts to consult with the Recipient about Ontario's publication about the Project prior to making it. DISCLAIMER If the Recipient publishes any material of any kind relating to the Project or the Ontario Community Infrastructure Fund, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect Ontario's views. 42 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the Ministry ) and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Fails (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program, is hereby approved. 2. The Mayor and Treasurer are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this ninth day of December 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014 Second Reading: December 9, 2014 Third Reading: December 9, 2014 Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block,3rd Floor Edifice Ferguson,3'etage 77 Wellesley St.West 77,rue Wellesley ouest o taro Toronto,Ontario Toronto(Ontario) M7A 1Z8 M7A 1Z8 (416)327-9200 (416)327-9200 www.mto.gov.on.ca www.mto.gov.on.ca November 13, 2014 His Worship Jim Diodati Mayor City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati: RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement") This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry maintains a Dedicated Gas Tax Funds for Public Transportation Program (the "Program"), under which two cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Following the passage of the Dedicated Funding for Public Transportation Act, 2013 (the "DFPTA"), a portion of the tax that is paid to Ontario under the Gasoline Tax Act in each fiscal year is dedicated to the provision of grants, including those pursuant to the Program, to municipalities for public transportation. As a consequence, the Ministry has aligned the Program with the provincial fiscal year. For 2014/15, the Program will run from April 1, 2014 to March 31, 2015. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program 2014/2015 Guidelines and Requirements (the "guidelines and requirements"). In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: .../2 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the Program in an amount up to $1.211,037 in accordance with, and subject to, the terms set out in this Letter of Agreement and the guidelines and requirements, with $908,278 payable on receipt of this signed Letter of Agreement and related authorizing municipal by-law, and any remaining payment(s) payable thereafter. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry's sole discretion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements. 3. If the Municipality receives dedicated gas tax funds on behalf of any other municipality, and the other municipality has agreed to the Municipality collecting the dedicated gas tax funds on its behalf, the Municipality shall provide, upon request and in compliance with the requirements set out in the guidelines and requirements, any applicable municipal by-law and legal agreement between the Municipality and the other municipality providing for such arrangement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality shall deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds and any related interest only in accordance with the guidelines and requirements. 5. The Municipality shall adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under the Program, and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the 2014/2015 Program year. 7. The Ministry may terminate this Letter of Agreement at any time, without cause, upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement without cause, it may cancel all further dedicated gas tax funds payments. Where the Ministry has terminated this Letter of Agreement under this Section, the Ministry may, after determining the Municipality's reasonable costs to terminate any binding agreement for any eligible public transportation service acquired, or to be acquired, with dedicated gas tax funds provided under this Letter of Agreement, provide the Municipality with additional funding to offset, in whole or in part, such costs. The additional funding may be provided only if there is an appropriation for this purpose and in no event shall the additional funding result in the total funding under this Letter of Agreement exceeding the amount specified under Section 1. 8. Any provisions, including those in the guidelines and requirements, which by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration. .../3 3 9. This Letter of Agreement may only be amended by a written agreement duly executed by the Ministry and the Municipality. 10. The Municipality agrees that it will not assign any of its rights or obligations under this Letter of Agreement. 11. The term of this Letter of Agreement will commence on the date of the last signature of this Letter of Agreement. 12. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to: Ministry of Transportation Division Services and Program Management Office 2�th loon Suite #'2702 LI Floor. UIIC 777 Bay Street, Toronto, Ontario M7A 2J8 Once the Ministry has received the signed copies of this Letter of Agreement and a copy of the authorizing municipal by-law, the Ministry will make arrangements for the payment of the dedicated gas tax funds to the Municipality. Yours sincerely, OPLA-4— Steven Del Duca Minister of Transportation I have read and understand the terms of this Letter of Agreement, as set out above, and, by signing below, I am signifying the Municipality's consent to be bound by these terms. City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer CITY OF NIAGARA FALLS By-law No. 2014 - • A by-law to hereby authorize the execution of Contribution Agreement, under the Cenotaph Restoration Program, between Her Majesty the Queen in right of Canada, as represented • by the Minister of Veteran Affairs and the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Contribution Agreement, in the form attached hereto, for the restoration of the Krupp M-16, made between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls, is hereby approved and authorized. 2. The Clerk is hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by- law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this ninth day of December 9, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014. Second Reading: December 9, 2014. Third Reading: December 9, 2014. CONTRIBUTION AGREEMENT BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Veterans Affairs (the"Minister") AND the CITY OF NIAGARA FALLS as represented by the City Clerk (the"Recipient") WHEREAS the Minister has established a Cenotaph/Monument Restoration Program under which a commitment has been made to the expenditure of funds to establish a program to assist communities to properly conserve their cenotaphs/monuments which were created to honour Canada's war dead and Veterans; AND the Recipient has made an application for financial assistance and is prepared to expend and to account for the use of such financial assistance; AND the Minister has approved a contribution. THEREFORE the Minister and the Recipient agree as follows: 1. Interpretation In this agreement: 1.1 "Eligible Costs"means the direct costs as described in Appendix"A",required to carry out the Project,to which the Minister intends to contribute and that are considered essential by the Minister to its success. 1.2 "Project"means the activities,work and costs described in Appendix"A"; 2. Contribution 2.1 In order to carry out the Project and subject to the terms of this agreement,the Minister will make a contribution(the"Contribution")of an amount not to exceed 50%(fifty percent)of eligible costs,to a maximum of$15,400(fifteen thousand and four hundred dollars),associated to the restoration activities incurred with respect to the Project. The Minister shall not contribute to any costs incurred by the Recipient prior to the contribution agreement being signed by both parties. -2- 2.2 The amounts to be paid by the Minister on account under this agreement shall not exceed: 2.2.1 $15,400(fifteen thousand and four hundred dollars)in the federal fiscal year 2014-2015(commencing April 1,2014 and ending March 31,2015); 2.3 The payment of this contribution is subject to there being an appropriation by Parliament for each fiscal year during which this Agreement subsists. 3. Conditions Governing Payment of the Contribution The Minister shall pay the contribution referred to in paragraph 2 as follows: 3.1 Reimbursement upon receipt and approval by the Minister of a claim for payment as described in paragraph 3.2 of this Agreement. 3.2 A claim for payment shall be accompanied by: 3.2.1 an itemized accounting statement with respect to the Project outlining: 3.2.1.1 revenue and expenditure incurred to date; 3.2.1.2 revised forecast for revenue and expenditure for the total project; 3.2.2 a written report on the current status of the Project. 3.3 The final payment will be paid upon receipt and approval of the following documents,signed by a member with designated signing authority for the Recipient: 3.3.1 a financial statement of revenue and expenditure in respect to the Project; 3.3.2 a final activity report on the Project,including pictures of the restored cenotaph/monument,and including: 3.3.2.1 an assessment of the Project results and the extent to which the Project has met program objectives as stated in your application;and 3.3.2.2 a statement to the effect that all of the obligations of the Recipient,under this agreement,have been met including federal and provincial environmental requirements and provincial/municipal fire and safety standards. 3.4 The Recipient renews its representations on making each request for payment. 3.5 In the event that the Recipient is unable to complete the Project before the end of the fiscal year,and disbursements cannot be made in accordance with paragraph 2.2 of the Agreement,the Recipient must inform the Minister in writing prior to the end of the fiscal year. The Minister reserves the right to determine the amounts and fiscal years in which the subject amounts will be paid. 3.6 If an overpayment occurs or an audit indicates that expenditures were made for ineligible items,the subject amount shall be reimbursed to the Receiver General of Canada or shall become a debt due to Her Majesty the Queen in Right of Canada if reimbursement is not made. The Minister reserves the right to deduct the excess amount from any other payment required under this Agreement. 4. Representations by the Recipient 4.1 The Recipient declares that it has the capacity and authority to enter into this Agreement and to carry out the Project and that it knows of no reason,fact or event,current,imminent or probable,that would seriously compromise the Project's chances of success. 4.2 The Recipient declares that the project costs described in Appendix"A" accurately reflect what it intends to do,that the information contained therein is accurate and that all relevant information has been disclosed. 4.3 The Recipient confirms that no former holder of a public office in the government of Canada will obtain any direct or indirect benefit from this agreement or,that,if he does,he has satisfied the requirements of the Conflict of Interest Code governing employees who have left the public service;accordingly the Recipient shall fill in the Questionnaire attached as Appendix C. 5. Obligations of the Recipient 5.1 During the term of this Agreement the Recipient shall: 5.1.1 take all necessary action to maintain itself in good standing,to preserve its legal capacity and to inform the Minister without delay of any failure to do so; 5.1.2 complete the Project and take all necessary action to carry it out successfully within the time limits and the agreed budget in accordance with good business practice and using qualified staff; 5.1.3 disclose to the Minister without delay any fact or event that may compromise the Project's chances of success,either immediately or in the long term. 5.2 The Recipient shall disclose,without delay and in any case before the last payment of the Contribution is made,all government assistance granted for purposes of the Project,and the Recipient acknowledges that the Minister may,in his absolute discretion,reduce the Contribution accordingly. 5.3 The Recipient agrees that the expenditures it will incur and pay from the contribution provided under this Agreement shall only be for the costs associated with the Project and shall ensure that: 5.3.1 any contract(s)for work to be performed shall encourage use of the competitive process wherever feasible and result in the procurement of goods and services and the carrying out of the work so as to provide the best value in meeting the need. 5.3.2 the method of pricing employed in all such contracts shall be the one most appropriate to ensure best value and effective cost control. 5.3.3 within the limits of practicability,all qualified firms shall have an equal opportunity to compete for such contracts. -4- 6. Reports and Information 6.1 During the term of this Agreement,the Recipient shall: 6.1.1 preserve and make available for audit and examination by the Minister's representatives,proper books,accounts and records of the costs of the Project,wherever such books,accounts and records may be located,and permit any representative of the Minister to conduct such independent audits and evaluations at the Minister's expense,as the Minister may require; 6.1.2 provide any representative of the Minister with reasonable access to the Recipient's premises to assess the progress and results of the Project;and 6.1.3 supply promptly,on request,such data in respect of the Project and its results as the Minister may require for purposes of this Agreement or for statistical or program evaluation purposes. 6.2 All certifications,forecasts,reports,claims,financial statements or any other document required to be submitted to the Minister pursuant to this Agreement must be satisfactory to the Minister in form and substance and must be accompanied by such substantiating documentation as the Minister may from time to time require. 7. Default and Remedies 7.1 The following constitute events of default: 7.1.1 the Recipient becomes bankrupt or insolvent or is placed in receivership or takes the benefit of any statute relating to bankrupt and insolvent debtors; 7.1.2 an order is made or a resolution passed for the winding-up of the Recipient or the Recipient is dissolved; 7.1.3 in the Minister's opinion,there is a material adverse change in risk which would jeopardize the success of the Project; 7.1.4 the Recipient,either directly or through its representatives,makes or has made a false or misleading statement to the Minister; 7.1.5 in the Minister's opinion,a term or condition or a commitment provided for in the Agreement has not been respected; 7.1.6 the Recipient is not entitled to the Contribution. 7.2 Where there is an event of default or where,in the Minister's opinion,there is likely to be a default under this Agreement,the Minister may reduce the level of the Contribution,suspend any payment of the Contribution,rescind this Agreement and immediately terminate any financial obligation arising out of it and require repayment of amounts already paid. 7.3 The fact that the Minister refrains from exercising a remedy he is entitled to exercise under this Agreement shall not be considered to be a waiver of such right and,furthermore,partial or limited exercise of a right conferred on him shall not prevent him in any way from later exercising any other right or remedy under this Agreement or other applicable law. -5- 8. Announcements and Ceremonies 8.1 The Recipient shall acknowledge publicly the financial assistance of the Minister using the guidelines attached as Appendix B. 9. Notices 9.1 Any notice,information or document required under this Agreement shall be given if it is delivered,sent by facsimile,telex or mail(stamped or prepaid). Any notice delivered,sent by facsimile or telex shall be deemed to have been received one(1)working day after it is sent;any notice that is mailed shall be deemed to have been received eight(8)business days after it is mailed. 9.2 Either party may change the address shown in this Agreement by informing the other party of the new address,and such change shall take effect fifteen(15) business days after the notice is received. 9.3 All notices must be sent to the following addresses: 9.3.1 To the Minister: Jenna Clark,Program Officer Cenotaph/Monument Restoration Program Veterans Affairs Canada 161 Grafton Street,PO Box 7700 Charlottetown,Prince Edward Island CIA 8M9 Tel:(902)566-7230 Fax:(902)566-8501 9.3.2 To the Recipient: Mr.Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls,Ontario L2E 6X5 Tel:(905)356-7521 ext.4271 10. General 10.1 No Member of the House of Commons is eligible to participate in this Agreement or to receive any benefit from it. 10.2 This Agreement and the benefits arising from it are not assignable,except with the prior written consent of the Minister. 10.3 The parties acknowledge that this Agreement does not constitute an association for the purpose of establishing a partnership or joint venture and does not create an agency relationship between the Minister and the Recipient. 10.4 This Agreement is for the benefit of the parties to it,their successors and permitted assigns and is binding on them. -6- 10.5 This Agreement shall be governed by and interpreted in accordance with the applicable laws in the Province of Ontario,and the parties agree that the superior court of that province and the appeal courts shall be competent to hear any case relating to a dispute under this Agreement. 10.6 This Agreement takes precedence over and cancels and replaces any other Agreement,undertaking,contract,quasi-contract or obligation that may have been concluded or may exist between the parties with respect to the Project. 10.7 This Agreement takes effect from the date of the signature of the Minister and terminates three years after the date of application. 10.8 This Agreement shall consist exclusively of the following documents: • Contribution Agreement • Appendix A,Eligible Project Costs • Appendix B,Acknowledgment of Veterans Affairs Support • Appendix C,Conflict of Interest Questionnaire IN WITNESS WHEREOF,having read the Agreement,the parties have signed: For the CITY OF NIAGARA FALLS as represented by the City Clerk at this day of 2014. Per: Dean Iorfida Witness For HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Veterans Affairs at this day of 2014. Per: Sue Foster,Assistant Deputy Minister Policy,Communications and Commemoration Veterans Affairs Canada Witness APPENDIX A ELIGIBLE PROJECT COSTS Project:Restoration of the Krupp M-16 Eligible Costs:Costs associated with the following: • Manufacture two new wheels • Transport the cannon to the workshop for disassembly • Remove paint by sandblasting(and using appropriate hand cleaning techniques) • Flatten and patch shrapnel damage • Replace rusted and damaged metal • Paint the artifact • Reassemble components • Oil and grease operational surfaces • Transport the cannon back to the armoury for display Ineligible Costs:Costs associated with the following: • All expenses incurred prior to the signing of the contribution agreement by both parties are ineligible for reimbursement APPENDIX B ACKNOWLEDGMENT OF VETERANS AFFAIRS SUPPORT All Recipients are required to acknowledge publicly the financial assistance of the Government of Canada.For this purpose,Veterans Affairs Canada has developed the following guidelines: 1. Public announcements and press releases are to be coordinated through the Department's Communications Division via the Cenotaph/Monument Restoration Program office. The Recipient will advise the Department in advance of public announcements or press releases. 2. If the Recipient publishes an official document of any kind,space shall be set aside in a mutually agreed section of the document for a message to participants from the Minister in both official languages. The message will be prepared by the Department. The Recipient will advise departmental officials well in advance of the publication. APPENDIX C FORMER PUBLIC OFFICE HOLDERS OR RECIPIENTS FOR CONTRIBUTIONS QUESTIONNAIRE ON CONFLICT OF INTEREST 1. Do you presently employ in your organization a former public office holder who left the federal government in the last twelve months? Yes No 2. Does your organization have as a board member a former public office holder who left the federal government in the last twelve months? Yes No 3. If you have answered yes to question 1 or 2 above,was this person a SM(Senior Manager)level or above while in public office? Yes No 4. If you have answered yes to question 2,would you please ask that the employee contact his/her former department to obtain written confirmation that he/she is in compliance with the post-employment provisions of the Conflict of Interest and Post-Employment Code. Such confirmation must be provided to the Minister prior to the signing of any Contribution Agreement by the Minister. Recipient Date CITY OF NIAGARA FALLS By-law No. 2014 - 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. 2013-179 is hereby repealed. Passed this ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014 Second Reading: December 9, 2014 Third Reading: December 9, 2014 E CI_ LO N Vf .y NN >, 1- ',Li' F O LL O N r a M • L rn.100110 V) O F p N m 3 v,WN J 0 N Tr 1-1 a+ en J mo nc M 1-1 ei N M F .4.aN - O Nrn�rn N N• N T 40 a LL co N MO..Nm LI: NO��NO kr) M 0 N 01 ei N en L .+m 10NO+ ▪ H NN 1-10 N z. W '7. 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N .MO NN 0 N r'1 M r-I 4-1 N M T (43N C C 5) N t0 M 0 N 01 r-I N M N v 2 Tv N C -0O N O U I— E r-4 O- 0 V 0 111 N 01 G CO u ri N N T N 1 O ii 2 0 N 0rI CO M Is. 1.1N N IIIM CU it 01 N O > U O Z 10 re1 N N f Spea-6Z^oN ZT -9DaQ 6T-£T Baa 9Z-OZpaa Zuer-uDao CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the payment of$6,343,980.78 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning October 23, 2014 to November 13, 2014. Passed this ninth day of December 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014 Second Reading: December 9, 2014 Third Reading: December 9, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of December, 2014. 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 9th day of December, 2014 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 ninth day of December, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 9, 2014 Second Reading: December 9, 2014 Third Reading: December 9, 2014