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2015/10/27 Schedule for October 27, 2015 4:30 In Camera Committee Room # 1 5:00 Council Meeting Council Chambers NiagaraJa11s COUNCIL MEETING October 27, 2015 0 Canada to be sung by Courtney Fruck ADOPTION OF MINUTES: Council Minutes of September 29, 2015 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. REPORTS 5:00 P.M. 1. F-2015-36 — 2013 Financial Statements NOTE: Mark Palumbi, CPA, CA, Crawford Smith and Swallow will be present for any questions. 2. MW-2015-33 — Stamford Centre Heritage White Oak Tree 3. FS-2015-10 — Fire Station 7 Design and Engineering 4. CD-2015-09 — Governance Issues 1 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2015-40 — Major Receivables Monthly F-2015-41 — Municipal Accounts FS-2015-09 — Fire Department Training on Niagara Parks Lands PBD-2015-47 — AM-32/2005, Zoning By-law Amendment Application. Chippawa West Phase 2-Stage 3 Plan of Subdivision. Applicant: Queensway Chippawa Properties Inc. (Metrus Developments) Removal of Holding (H) Symbol PBD-2015-50 — 261-11-2001-05, Extension to Draft Plan Approval, Drat Plan of Subdivision, Miller Estates South Subdivision. Owner: FKS, The Real Estate People Inc. & 1162641 Ontario Limited PBD-2015-53 — Brownfield Tax Assistance and Rehabilitation Grant Application Thorold Stone Toad Extension at Stanley Avenue (Cytec Lands) Applicant: Falls Community Development Inc. (DiCienzo & NovaCore) TS-2015-26 — Kalar Road between Brown Road and Mulberry Drive — Parking and Traffic By-laws TS-2015-27 — Oldfield Road between Dorchester Road & Drummond Road Parking and Traffic By-laws TS-2015-28 — Heartland Forest Road — Parking Review DEPUTATIONS/ PRESENTATIONS 6:15 — 7:00 P.M. Niagara Military Museum Jim Doherty and representatives of the Niagara Military Museum will be presenting a cheque to the City for the cannon restoration project and will provide an overview of their Strategic Plan and capital budget requests. 2 World Para-Cycling Championships Council will recognize local athlete, Shelley Gautier for her world para-cycling championship. Canadian Cycling Hall of Fame Council will recognize Gord Singleton for his recent induction into the Canadian Cycling Hall of Fame. PLANNING MATTERS 7:00 P.M. Public Meeting: AM-2015-010, Zoning By-law Amendment Application City Initiated Regulations Medical Marijuana Facilities Supplementary Report Background Material: Recommendation Report: PBD-2015-51 -AND — Correspondence from Glenn and Elaine Wilson Correspondence from James Nagy, Charles Nagy & Barbara Johnston * * * * * Public Meeting: AM-2015-009, Zoning By-law Amendment Application West Side of Stanley Avenue, South of the Niagara Falls Convention Centre. Applicant: The Monastery of Mount Carmel. Proposal: Proposed Vineyard Background Material: Recommendation Report: PBD-2015-49 * * * * * 3 Public Meeting: AM-2015-010 Municipal Employment Incentive Program Niagara Gateway Economic Zone Community Improvement Plan Amendment Background Material: Recommendation Report: PBD-2015-52 * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Optimist Club — requesting the week of November 17th be proclaimed "Youth Appreciation Week". RECOMMENDATION: For the Approval of Council. 2. Winter Festival of Lights — requesting approval of their annual Fireworks displays, use of City property for various installations and a grant equal to the fees associated with a road and sidewalk closure. RECOMMENDATION: For the Consideration of Council. 3. Celebrate Old Downtown - requesting a grant equal to the fees associated with a road closure for the North American Cigar Show event. RECOMMENDATION: For the Consideration of Council. 4. Town of Niagara-on-the-Lake — requesting support on a resolution calling on the Region to adopt a billing program as used in OPP communities for police billing. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. * * * * * 4 BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2015-120 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections) 2015-121 A by-law to adopt a Consulting Agreement Purchase Order form. 2015-122 A by-law to amend By-law No. 2006-205 which amended By-law No. 79-200, to remove the holding symbol (H) on part of the lands on the west side of and including Emerald Avenue, south of Cinnamon Grove, to allow development on a portion of the Chippawa West, Phase 2 Plan of Subdivision (AM-32/2005). 2015-123 A by-law to provide for the adoption of Amendment No. 119 to the City of Niagara Falls Official Plan (AM-2015-006). 2015-124 A by-law to amend By-law No. 79-200, to allow the use of the land and erection of buildings thereon for a place of worship and ancillary uses and to repeal By-law No. 94-120 (AM-2015-006). 2015-125 A by-law to authorize the execution of an Authorized Requester Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the access and use of certain information contained in MTO databases. 2015-126 A by-law to authorize the execution of an Agreement between the Niagara Parks Commission (NPC) and the Corporation of the City of Niagara Falls respecting access to NPC lands for fire training purposes. 2015-127 A by-law to authorize the execution of an Agreement with The Niagara Falls Lions Club respecting the Adopt-A-Program public service program for volunteers. 2015-128 A by-law to authorize the execution of a Lease Amending Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the use of a parking lot located at Kitchener Street and Victoria Avenue. 2015-129 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. 2015-130 A by-law to authorize the payment of$28,854,826.70 for General Purposes. 5 2015-131 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of October, 2015. * * * * * NEW BUSINESS 6 Courtney Fruck - October 27* Courtney has been interested in singing and acting ever since she could speak. She has been featured in several Linus Hand Productions and she enjoyed playing the part of Grace in St. James' presentation of the musical Annie. When Courtney is not acting or singing she can usually be found playing soccer, helping others, spending time with her friends, and practicing her archery or hunting. F-2015-36 October 27, 2015 Niagarafalls REPORT TO: Mayor James M. Diodati and Members of Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2015-36 2013 Consolidated Financial Statements RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The City's auditors, Crawford, Smith & Swallow, has completed the audit of the financial statements for the year ending December 31 , 2013. This report is the presentation of those statements for Council's review and endorsement. BACKGROUND The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City's Financial Information Return (FIR) submission to the Province of Ontario. The completion of the 2013 Financial Statements were delayed due to the lateness of the 2012 Financial Statements. The auditors are scheduled to complete their audit of the 2014 Financial Statements by the end of the year. This will allow the City's 2015 financial statements to be completed on schedule in 2016. LIST OF ATTACHMENTS The audited Financial Statements are attache. for the ear ended December 31 , 2013. Recommended by: /; , /!.Aaut Todd Harrison, iirector • Finance Respectfully submitted: 1-j"14--41-4-41C Ken Todd, Chief Administrative Officer Crawford smith Z, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2013 crawford smith Z, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2013 Table of Contents Page Management Report Independent Auditors' Report 2 - 3 Consolidated Statement of Financial Position 4 Consolidated Statement of Operations and Accumulated Surplus 5 Consolidated Statement of Cash Flows 6 Consolidated Statement of Change in Net Financial Assets 7 Notes to Consolidated Financial Statements 8 - 24 Schedule of Segmented Reporting - 26 Schedules of Tangible Capital Assets 27 - 28 Independent Auditors' Report- Trust Funds 29 - 30 Statement of Financial Position - Trust Funds 31 Statement of Financial Activities and Changes in Fund Balances - Trust Funds 32 Notes to Financial Statements - Trust Funds 33 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO MANAGEMENT REPORT December 31, 2013 The accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality") are the responsibility of the Municipality's management and have been prepared in accordance with Canadian Public Sector Accounting Standards established by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada, as described in Note 1 to the consolidated financial statements. The preparation of consolidated financial statements necessarily involves the use of estimates based on management's judgement, particularly when transactions affecting the current accounting period cannot be finalized with certainty until future periods. Municipality management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded, transactions are properly authorized and recorded in compliance with legislative and regulatory requirements and reliable financial information is available on a timely basis for preparation of the consolidated financial statements. These systems are monitored and evaluated by management. Council meets with management and the external auditors to review the consolidated financial statements and discuss any significant financial reporting or internal control matters prior to their approval of the consolidated financial statements. The consolidated financial statements have been audited by Crawford, Smith and Swallow Chartered Accountants LLP, independent external auditors appointed by the Municipality. The accompanying Independent Auditors' Report outlines their responsibilities, the scope of their examination and their opinion on the Municipality's consolidated financial statements. Attla Jim iodati Ken Todd Mayor Chief Administrative Officer October 19, 2015 October 19, 2015 1 Crawford SmithAccountants nSwallow crawford Chartered Accountata nts LLP 4741 Queen Street sin it1L/ }[ Niagara Falls.OntarioL Telephone(905)3564200 swallow Telecopier(905)356-3410 Offices in Niagara Falls Ontario St Catharines,Ontario Fort Erie, Ontario Niagara-on-the-Lake.Ontario Port Colborne.Ontario INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario, which comprise the consolidated statement of financial position as at December 31. 2013. and the consolidated statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility,for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards. and for such internal control as management determines is necessary' to enable the preparation of consolidated financial statements that are free from material misstatement. whether due to fraud or error. Auditors'Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements. whether due to fraud or error. In making those risk assessments. the auditors consider internal control relevant to the entity's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances. but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management. as well as evaluating the overall presentation of the consolidated financial statements. 1 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Corporation of the City of Niagara Falls. Ontario as at December 31. 2013, and the consolidated results of its operations. consolidated cash flows and consolidated changes in net financial assets for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario October 19. 2015 CRAWFORD. SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2013 2013 2012 Financial Assets - note 6 Cash 68,281,633 80,989,726 Investments -note 3 29,780,592 22,221,658 Taxes receivable - note 4 14,954,199 14,579,148 Accounts receivable 22,290,596, 9,937,311 User charges receivable 11,992,994 13,246,588 Long-term receivables 801,055 443,840 Note receivable -note 5 22,000,000 22,000,000 Long-term investment-note 5 75,007,032 74,043,239 245,108,101 237,461,510 Contingent Liabilities -note 14 Liabilities Accounts payable and accrued liabilities 29,041,798 33,049,521 Deferred revenue - obligatory reserve funds - note 7 20,869,611 20,942,811 Deferred revenue 14,347,558 14,494,394 Other current liabilities 3,149,502 2,912,349 Post-employment benefits - note 8 .29,714,768 29,440,842 Net long-term liabilities - note 9 67,573,934 69,457,865 164,697,171 170,297,782 Net Financial Assets 80,410,930 67,163,728 Non-Financial Assets Tangible capital assets 683,759,737 675,024,607 Inventories and prepaid expenses 2,144,802 1,879,675 685,904,539 676,904,282 Accumulated Surplus - note 10 766,315,469 744,068,010 Signed : .- :if of the Municipality: ��. ..eit—ipo Mayor Chief Administrative Officer See accompanying notes 4 crawfond smith 2,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31. 2013 Budget 2013 2012 $ $ $ Revenues Taxation - note 4 64,226.665 66,207,016 62.939.379 User fees and charges 52.861,282 50,567,055 52,286.825 Government of Canada grants 2.500 6,198,192 14.371,905 Province of Ontario grants 2.151,500 4,369,351 15,587,425 Other municipal grants 1,229,462 833.756 Interest and penalties 2.980,000 2,556,506 2,453,789 Investment income 2.158.600 2.966.603 3.045,995 Casino and gaming revenues 3.000,000 17,561,126 3.000.000 Change in Niagara Falls Hydro Holding Corporation net equity- note 5 963,793 1.677.038 Contributions from Obligatory Reserve Funds 6,776,166 5.852.773 Other 7.324.969 8,931,751 13.970,487 Contributed tangible capital assets 1,216,823 Loss on disposal of tangible capital assets (1,059,824) (627.321) 134.705,516 167.267,197 176,608.874 Expenses General government 12.567.994 14,046,735 13.356.398 Protection to persons and property 19,083.718 24,722,571 20.774.690 Transportation services 27.714.550 41,282,281 35.183.202 Environmental services 32.806.646 35,133,677 37.351.460 Health services 1.469,931 1.420,866 1.437,535 Social and family services 877,650 928.863 910.264 Recreation and cultural services 20,019,447 22,703,682 24,033,108 Planning and development 4.996.380 4,781,063 4,510.492 119,536,316 145,019,738 137,557,149 Annual Surplus 15.169.200 22,247,459 39,051.725 Accumulated Surplus, Beginning of Year 744.068,010 744,068,010 705.016,285 Accumulated Surplus, End of Year 759,237,210 766,315,469 744,068,010 See accompanying notes 5 crawford smith C ,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2013 2013 2012 $ $ Operations Annual surplus 22,247,459 39.051.725 Sources (Uses) Change in investments (7,558,934) (402.239) Change in taxes receivable (375,051) 2.160.610 Change in accounts receivable (12,353,285) (436.236) Change in user charges receivable 1,253.594 (24.047) Change in long-term receivables (357,215) 188,664 Change in inventories and prepaid expenses (265,127) (222,318) Change in accounts payable and accrued liabilities (4,007,723) 9.545.686 Change in deferred revenue - obligatory reserve funds (73,200) 1,599,311 Change in deferred revenue (146,836) 5,536,970 Change in other current liabilities 237.153 906,364 Change in post-employment benefits 273,926 1,883,313 (23,372,698) 20.736.078 Non-cash charges to operations Amortization of tangible capital assets 22,754,547 21,986,243 Loss on disposal of tangible capital assets 1,059,824 627,321 23,814,371 22,613,564 Net increase in cash from operations 22,689,132 82,401,367 Capital Proceeds on disposal of tangible capital assets 2,611,657 Acquisition of tangible capital assets (32,549,501) (47,878.625) Net decrease in cash from capital activities (32,549,501) (45.266.968) Investing Change in Niagara Falls Hydro Holding Corporation equity (963,793) (1,677,038) Financing Long-term debt issued 3,300,000 21,600 Long-term debt repaid (5,183,931) (5,193,433) Net decrease in cash from financing (1,883,931) (5,171,833) Increase (Decrease) in Cash Position (12,708,093) 30.285.528 Cash Position, Beginning of Year 80,989,726 50,704,198 Cash Position, End of Year 68,281,633 80,989,726 See accompanying notes 6 crawford smith Z,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31. 2013 2013 2012 $ $ Annual Surplus 22,247,459 39.051.725 Acquisition of Tangible Capital Assets (32,549,501) (47,878.625) Amortization of Tangible Capital Assets 22.754,547 21.986.243 Proceeds on Disposal of Tangible Capital Assets 2.61 1.657 Loss on Disposal of Tangible Capital Assets 1,059,824 627,321 Change in Inventories and Prepaid Expenses (265,127) (222318) Increase in Net Financial Assets 13.247,202 16.176.003 Net Financial Assets, Beginning of Year 67,163.728 50.987,725 Net Financial Assets, End of Year 80,410,930 67,163,728 See accompanying notes 7 crawford smith swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls. Ontario (the "Municipality") are the representations of management prepared in accordance with accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada ("CPA Canada") with the exception of providing budget figures (note 16). (a) Basis of consolidation (i) These consolidated financial statements reflect the assets, liabilities, revenues and expenses of the operating fund. reserves, reserve funds and changes in investment in tangible capital assets. It includes the activities of all committees of council and the following boards. municipal enterprises and utilities which are under the control of council: Library Board Clifton Hill Business Improvement Area Downtown Board of Management Fallsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Niagara Convention & Civic Centre Inc. Niagara Falls Hydro Holding Corporation The Niagara Falls Hydro Holding Corporation ("NFHHC") is accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis. the business enterprise's accounting principles are not adjusted to conform with those of the Municipality. and inter-organizational transactions and balances are not eliminated. The Municipality recognizes its equity interest in the annual income or loss of NFHHC in its "Consolidated Statement of Operations and Accumulated Surplus" with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC will be reflected as reductions in the investment asset account. 8 crawford smith Z,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial-consolidated entity The following joint local board is proportionately consolidated. See note 13. Niagara District Airport Commission (Joint Board) (iii) Accounting for Region and School Board transactions The taxation. other revenues. expenses. assets and liabilities with respect to the operations of the school boards and the Region of Niagara are not reflected in the municipal fund balances of these consolidated financial statements. (iv) Trust funds Trust funds and their related operations administered by the Municipality are not consolidated. but are reported separately on the "Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund Balances". (b) Basis of accounting (i) Revenues and expenses are reported on the accrual basis of accounting. (ii) The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Investments Investments consist of Government of Canada treasury bills and crown corporation bonds; provincial government bonds: and Canadian corporate bonds. Investments are recorded at cost plus accrued interest. (iv) Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year, and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenues over expenses, provides the change in net financial assets for the year. (v) Tangible capital assets Tangible capital assets are recorded at cost. Cost includes all directly attributable expenditures in the acquisition. construction, development and/or betterment of the asset required to install the asset at the location. 9 crawford smith A,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (v) Tangible capital assets - continued Amortization is recorded to reflect the cost, net of anticipated residual value. associated with the use of the asset in providing government services on a straight-line basis over the estimated useful life of the asset. Assets under construction are not amortized until the asset is available for productive use. at which time they are capitalized. Gains and/or losses on the disposal of an asset is recorded on the "Consolidated Statement of Operations and Accumulated Surplus" as "gain/loss on disposal of assets". Asset Class Period General Assets Land - NIL Land improvements - 10-60 years Buildings - 15-100 years Furniture and equipment - 10-25 years Vehicles - 6-25 years Infrastructure Environmental - 30-100 years Roads - 10-75 years Water - 15-100 years Tangible assets received as contributions are recorded at their fair market value at the date of receipt and are also recorded as revenue. Similarly, transfers of assets to third parties are recorded as an expense equal to the net book value of the asset as of the date of transfer. The historical cost of works of art or historical treasures has not been assigned to these assets nor disclosed in the consolidated financial statements. (vi) Inventories Inventories are valued at average cost. (vii) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (viii) Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur. providing the transfers are authorized, any eligibility criteria are met. and reasonable estimates of the amounts can be made. except when and to the extent that stipulations associated with the transfer give rise to a liability. Transfers are recognized as deferred revenue when transfer stipulations give rise to a liability. The transfer revenue is recognized in the "Consolidated Statement of Operations" as the stipulations giving rise to the liabilities are settled. 10 crawford smith Z,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (ix) Employee future benefits The Municipality makes contributions to the Ontario Municipal Employees Retirement Fund ("OMERS") which is a multi-employer contributory defined benefit program with contributions expensed as incurred. The costs of other retirement benefits are determined using the projected benefit method prorated on services and management's best estimate of retirement ages of employees and health benefit costs. The liabilities are discounted using current interest rates on long-term bonds. (x) Use of estimates The preparation of the financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. 2. Operations of School Boards and the Region of Niagara Further to note l(a)(iii), the taxation, other revenues, expenses and overlevies of the school boards and the Region of Niagara are comprised of the following: School Boards Region 2013 2012 2013 2012 $ $ $ $ Taxation and user charges 40,799,620 37,555,264 66,283,409 65.781,484 Payments-in-lieu of taxes 845 881 6,498,393 6.440.930 Amounts received or receivable 40,800,465 37.556.145 72.781.802 72.222.414 Requisitions 40,800,465 37,556,145 72,781,802 72,222.414 Overlevies (Underlevies) at the end of year 3. Investments Investments have a book value of$ 29.780,592 ($ 22,221,658 - 2012) and a market value of $ 29.548.134 ($ 22.086,172 - 2012). 11 crawford smith C,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 4. Tax Receivables and Revenues Property tax billings are prepared by the Municipality based on an assessment roll issued by the Municipal Property Assessment Corporation ("MPAC") and in accordance with the provisions of the Municipal Act, 2001. Tax rates are established annually by Council. incorporating amounts to be raised for local services and amounts the Municipality is required to collect on behalf of the Province of Ontario in respect of education taxes. A normal part of the assessment process is the issue of supplementary assessment rolls which provide updated information with respect to changes in property assessment. Once a supplementary assessment roll is received, the Municipality determines the taxes applicable and renders supplementary tax billings. Assessment and the related property taxes are subject to appeal. Tax adjustments as a result of appeal are recorded when the result of the appeal process is known or based on management's best estimate. The property tax receivables, tax revenue and accounts payable and accrued liabilities of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepayers have yet to be heard. The taxes receivable balance, including penalties and interest. are net of an allowance for doubtful accounts of$ 920.000 ($ 920.000 - 2012) The Province of Ontario instituted a mandatory capping program through the provisions of Bill 79. which limited assessment related increases to 10% in 1998. and an additional 5% in each of 1999 and 2000. Multi-residential, commercial and industrial property owners experiencing decreases were also capped at appropriate levels to fund the phasing-in of increases. The Province has enacted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. The legislation limits assessment related increases in property tax bills to 5%. 12 crawford smith A,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 3 I, 2013 5. Investment in Niagara Falls Hydro Holding Corporation 2013 2012 $ $ Statement of Financial Position Current assets 50,433,393 47.137.272 Capital assets 126,257,737 119.863,657 Other assets 4,327,487 4.314.555 Total Assets 181,018,617 171.315.484 Current liabilities 30,150,600 30.915.729 Other liabilities 9,267,003 7,958,743 Note payable - see below 22,000,000 22,000.000 Long-term debt 27,239,645 19,109,272 Non-controlling interest - see below 17.354,337 17,288.501 Total Liabilities and Other 106,011,585 97,272,245 Net Assets 75,007,032 74,043,239 Statement of Financial Activities Revenues 160,197,422 152,067,123 Operating expenses 155,312,627 149.373.471 Net income before regulatory accounting change 4,884,795 2.693.652 Regulatory debit accounting change under CGAAP (3,054,566) Net income before non-controlling interest 1,830,229 2,693,652 Non-controlling interest- see below 371,836 701.599 Net income 1,458,393 1,992.053 Net dividends (494,600) (315.015) Change in NFHHC Net Equity 963,793 1,677,038 On January 1. 2008, Niagara Falls Hydro Inc. acquired Peninsula West Utilities Limited by way of amalgamation pursuant to a Merger Agreement dated December 19. 2007 and continued on as Niagara Peninsula Energy Inc. ("NPEI"). Niagara Falls Hydro Holding Corporation received 74.5% of the issued and outstanding common shares of NPEI. The $ 22.000.000 note payable is unsecured and is due to the Corporation of the City of Niagara Falls. Ontario bearing interest at 5.32% due April, 2020. To date. NPEI has not received any notice requiring the immediate redemption of the note payable. 13 crawford smith f,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 6. Credit Facilities The Municipality has an authorized operating loan due on demand of$ 15.500.000 ("Facility #1") bearing interest at prime less 0.5% to assist with general operating requirements and to finance current expenditures. An authorized revolving term loan due on demand of $ 35,000,000 ("Facility#2") bearing interest at 2.18% to assist in financing construction of a new four pad arena complex. A credit facility of $ 2,000.000 ("Facility #3") related to commercial cards &/or Scotia VISA business cards whose availment and interest rate are per cardholder agreement. An authorized revolving term loan due on demand of $ 1.000.000 ("Facility #4") bearing interest at prime less 0.25% to assist in financing the Community Improvement Program. As at December 31. 2013. $ Nil has been drawn on Facilities #1, #2 and #4. All credit facilities are secured by a borrowing by-law/resolution(s) containing a pledge of revenues and a general security agreement. 7. Deferred Revenue - Obligatory Reserve Funds The following balances are reflected as deferred revenue - obligatory reserve funds as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. 2013 2012 $ $ 2% Parkland dedication 1,223,674 1.176,276 Public purpose 541,492 725.289 Federal gas tax rebate - transit 6,979,213 5,633.873 Provincial gas tax rebate - transit 345,801 1.364.860 Discounted development charges 2,600,718 2,191.470 Non-discounted development charges 9,178,713 9.85 1,043 20,869,611 20,942,811 I4 crawford smith Z,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31. 2013 8. Post-Employment Benefits 2013 2012 $ $ Post-employment benefits 18,515,043 18.327.750 Long-term disability 60,709 Accumulated sick leave 4,535,686 4.5I5.097 WSIB - Schedule II future liability 5,066,943 5.01 1.943 Vacation pay 1,536,387 1,586,052 29,714,768 29,440,842 Post-Employment Benefits and Accumulated Sick Leave The Municipality pays certain medical. dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post-retirement costs in the period in which the employees render the services. As a result of actuarial valuations on post-employment benefits, it was determined that an actuarial gain of $ 4.578,348 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 4.165.146. The actual obligation is $ 14,349,897. As a result of actuarial valuations on long-term disability benefits. it was determined that an actuarial loss of $ 446.485 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 390.674. The actual obligation is $ 451.383. Under the Municipality's sick leave benefit plan. unused sick leave can accumulate and employees may become entitled to a cash payment when they leave the Municipality's employment. As a result of actuarial valuations on the accumulated sick leave liability, it was determined that an actuarial loss of $ I.980.112 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 1,815.103. The actual obligation is $ 6.350,789. A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2013 is $ 1.329.184 ($ 1,308.784 - 2012). The liabilities for post-employment benefits and accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 5% and an inflation rate of 2%. 15 crawford smith Z,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 8. Post-Employment Benefits - continued Workplace Safety and Insurance Board - Schedule 11 Future Liability The Municipality has elected to be treated as a Schedule II employer and as such. is required to remit payments to the Workplace Safety and Insurance Board ("WSIB") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 4.5% and an inflation rate of 2%. As a result of an actuarial valuation on the WSIB - Schedule II liability, it was determined that an actuarial loss of $ 3.183,103 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 2,938,249. The actual obligation is $ 8.005,192. A reserve fund has been established for this liability. The balance as at December 31. 2013 is $ 905.855 ($ 892.261 - 2012). The next valuation for all benefit groups is for the year ending December 31. 2017. As a result of an actuarial valuation on the accumulated vacation pay liability, it was determined that an actuarial gain of$ 887,927 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 813,734 The actual obligation is $ 722,653. Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ("OMERS"), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The Administration Corporation Board of Directors. representing plan members and employers, is responsible for overseeing the management of the pension plan. including investment of the assets and administration of the benefits. OMERS provides pension services to approximately 440.000 active and retired members and approximately 1.000 employers. Each year an independent actuary determines the funding status of OMERS Primary Pension Plan ("the Plan") by comparing the actuarial value of invested assets to the estimated present value of all pension benefits that members have earned to date. The Plan is a multi- employer plan. any pension plan surpluses or deficits are a joint responsibility of Ontario municipal organizations and their employees. As a result. the Municipality does not recognize any share of the OMERS pension surplus or deficit. The amount contributed to OMERS for 2013 was $ 4.010.507 ($ 3.656.964 - 2012) for current services and is included as an expense on the "Consolidated Statement of Operations". On January 1. 2013. the yearly maximum pension earnings increased to $ 51.100 from $ 50.100 in 2012. The contributions are calculated at a rate of 9% (8.3% - 2012) for amounts up to the yearly maximum pension earnings stated above and at a rate of 14.6% (12.8% - 2012) for amounts above the yearly maximum pension earnings. 16 crawford smith C,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 9. Net Long-Term Liabilities (a) The balance of net long-term liabilities reported on the "Consolidated Statement of Financial Position" is made up as follows: 2013 2012 $ $ Total long-term liabilities incurred by the Municipality including those incurred on behalf of school boards. other municipalities and municipal enterprises bearing interest at annual rates ranging from 1.95% to 5.35% and outstanding during the year is 67,573,934 69,457.865 Net long-term liabilities, end of year 67,573,934 69,457,865 (b) Of the net long-term liabilities reported in (a) of this note, principal payments are due as follows: 2014 5.070.331 2015 4,756,919 2016 4.737.604 2017 3.634.161 2018 3,394,183 Thereafter 45.980.736 (c) The long-term liabilities in (a) issued in the name of the municipality have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Interest charges of$ 3,204,194 ($ 3,360.126 - 2012) are included on the "Consolidated Statement of Operations and Accumulated Surplus". classified under the appropriate functional expense heading. 17 crawford smith(,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31. 2013 10. Accumulated Surplus 2013 2012 $ $ Invested in tangible capital assets 700,885,594 691.531.777 Operating fund 7,414,034 6,849,192 Reserves and reserve funds 58,248,552 48.471.229 Niagara Falls Hydro Holding Corporation net equity 97,007,032 96,043,239 863,555,212 842,895.437 Amount to be recovered- post-employment benefits (29,714,768) (29,440.842) Amount to be recovered - net long-term liabilities (67,524,975) (69.386.585) (97,239,743) (98.827.427) 766,315,469 744,068,010 (a) Operating fund balance 2013 2012 $ $ For general reduction of taxation 1,360,805 1,043,416 For general reduction of user charges respecting waterworks 883,852 854.757 For general reduction of user charges respecting sewers 1,763,753 1,764,308 For general use by Library Board 535,695 290.606 For general use by the Business Improvement Areas 2.851.957 2.861.183 For general use by Airport Commission 17,972 34,922 7,414,034 6,849,192 (b) Reserves and reserve fund balances 2013 2012 $ $ Reserves set aside by council for specific purposes: Special purposes 31,481,948 19,336.203 Working capital 265,000 265.000 Water capital 1,533,363 1.533.363 Sewage capital 5,518,728 7,471,587 Total Reserves 38,799,039 28,606.153 18 crawford smith( ,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31. 2013 10. Accumulated Surplus - continued (b) Reserves and reserve fund balances - continued 2013 2012 Reserve Funds set aside by council for specific $ $ purposes: Licence agreements - 40 years 23,591 27.830 Sick leave liability 1,329,184 1.308,784 WSIB - Schedule II 905,855 892,261 Recreation trail development 81,035 79.802 Capital/Operations - see note 12 6,818,541 6,970.418 Tree planting - developers 72,970 72,055 Park development 241 241 Sewer and water impost 1,492,284 1.469.376 Expansion and renewal 258,927 254,974 Drainage 716,337 705.386 Prepaid works projects contributions 226,704 223.214 Sidewalk construction 35,328 34.802 Future municipal works 781,569 769,553 Lot drainage 181,484 178.693 Library funds 978,904 898.209 Sanitary 441,183 434.415 Sports fund 5,179 5,121 Projects - special needs children 16,695 16.456 Parking 76,048 533.060 Coat of Arm's 2,385 2.359 Lundy's Lane business improvement purposes 117,056 117,056 Board of Museum purposes 18,712 18.503 Niagara Tunnel Community Improvement 129,839 133.436 Water patrol boat 34,892 34.349 Branscombe Family Grant 3,900 3.856 Fire department radios debenture 26,642 34.486 Fire department aerial firetruck debenture 83,143 103.475 Niagara Sports Foundation 606 1,203 Chippawa Arena debenture surplus 24,549 29,494 FMC/Visitor Transportation System 4.488,752 4.432.864 Kalar Park turf debenture surplus 76,978 79.345 Total Reserve Funds 19,449,513 19,865,076 Total Reserves and Reserve Funds 58,248,552 48,471,229 19 crawford smith A,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 10. Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity 2013 2012 $ $ Niagara Falls Hydro Holding Corporation net equity 97,007,032 96,043,239 11. Trust Funds Trust funds administered by the Municipality amounting to $ 3.430.667 ($ 3.204.034 - 2012) have not been included in the "Consolidated Statement of Financial Position" nor have their operations been included in the "Consolidated Statement of Operations and Accumulated Surplus". 12. Contractual Obligations and Commitments Capital Expenditures The estimated future capital expenditures based on projects in progress at December 31. 2013 is approximately $ 48,315.268 ($ 55,327,387 - 2012) after deducting the expenditures incurred as at December 31. 2013. These projects will be financed by grants. subsidies and long-term liabilities in future years. International Railway Bridge The Municipality, as a condition of the purchase of the CN/CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by December 2016. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN/CP prior to December 2016. The Municipality has set aside a reserve fund (Capital/Operations) amount of $ 4.000.000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN/CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100.000 on an annual basis until December 2016. Loan Guarantee In 2010, the Municipality guaranteed a $ 300,000 line of credit for the Winter Festival of Lights. This credit is to be reduced by $ 100.000 annually beginning in 2011 and each year thereafter. The line of credit as at December 31. 2013 is $ 100.000. 20 crawford smith&,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 13. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: 2013 2012 $ $ Niagara District Airport Commission 96,101 94,588 The Municipality's share of the net assets of the Niagara District Airport Commission is approximately 36%. 14. Contingent Liabilities Legal In July 2013. the Municipality was notified that the user fees charged to certain customers were overstated for a period of several years. The Municipality has recorded an estimated amount to be repaid as a reduction to user fees and charges revenue on the "Consolidated Statement of Operations and Accumulated Surplus". This estimated amount determined by staff and accrued for in 2012 was $ 1.426,583. An additional $ 378.871 was accrued for the year ending December 31, 2013 for a total of $ 1,805.454. The Municipality intends to negotiate a settlement with the related parties. If unsuccessful, the final negotiated amount may exceed amounts accrued for the year ended December 31. 2013. As at December 31. 2013. the Municipality has certain other legal claims outstanding. It is management's assertion that adequate defences and insurance coverages are in effect for the settlement of these claims, if necessary. Niagara Convention & Civic Centre Inc. ("Scotiabank Convention Centre") The City must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period of twenty five years from the date of completion of the Scotiabank Convention Centre. that being April 2011. the City proposes to sell, lease, encumber or otherwise dispose directly or indirectly, of any part of the Scotiabank Convention Centre. The City is contingently liable for a proportionate amount of funds in the amount of $ 70.000.000 contributed equally by the Government of Canada and the Province of Ontario. The contingent liability is reduced 4% per annum up to twenty five years after the date of completion. 21 Crawford smith&,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31. 2013 14. Contingent Liabilities - continued People Mover Project/Visitor Transportation System ("WEGO") The City must notify the Government of Canada and the Province of Ontario in writing. if at any time during a period of twenty five years from the date of completion for fixed assets and ten years for non-fixed assets of the WEGO system. the City proposes to sell. lease. encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly. of any part of the fixed or non-fixed assets purchased. constructed, rehabilitated or improved. The City is contingently liable for a proportionate amount of $ 50.000.000 contributed equally in total by the Government of Canada and the Province of Ontario. For fixed assets, the contingent liability is reduced 4% per annum up to twenty five years after the date of completion. that being April. 2015. For non-fixed assets. the contingent liability is reduced by 10% per annum up to ten years after the date of completion, that being August. 2012. Metrolinx Agreement ("WEGO") The City must notify Metrolinx in writing, if at any time during a period of thirty years from the date of completion for the WEGO bus storage and maintenance facility. the City proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the facility constructed, rehabilitated or improved. The City is contingently liable for a proportionate amount of $ 5.900.000 contributed by Metrolinx. The contingent liability is reduced 3.33% per annum up to thirty years after the date of completion, that being April. 2015. Alternatively. Metrolinx has the first right of refusal to purchase the facility at an agreed upon amount. To date. the Municipality has received $ 5,900,000 related to this agreement. crawford smith C&,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 3 I, 2013 15. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government The mandate of this functional area is to provide political governance, administrative executive management and those expenses and revenues which are corporate in nature and cannot be easily apportioned to other departments. Reported in this functional area are departments such as Council. Clerks. CAO, Finance, Human Resources. Legal. Information Systems and Capital Assets. Protection Reported in this functional area are Fire and Building Services. The mandate of Fire Services is to provide emergency services through a range of services to protect the lives and property of the inhabitants of the Municipality. The mandate of Building Services is to inform and assist customers to ensure safe and orderly development and provide efficient delivery of building approvals, inspections and management systems. Transportation Reported in this functional area are Roads and Works and Transit Services. The mandate for Roads and Works is to provide quality road and traffic maintenance and operations to the residents and businesses of the Municipality. This area is also responsible for winter control. The mandate of the "transit is to provide a safe, reliable, convenient and efficient public transportation system within the urban area. Environment Reported in this functional area are Sanitary. Storm and Water Systems. The mandate is to provide a safe and reliable water resource system and is responsible for the maintenance and operation of the systems and monitoring and administering environmental programs. Health Reported in this area is Cemetery Services. The mandate is to ensure the benefit and protection of each citizen who has purchased or has an interest in internment rights within each cemetery. 23 crawford smith Z,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2013 15. Segmented Reporting - continued Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks department is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture departments are responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development department is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenues and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements. See note 16 for a discussion on the budgeted figures provided. 16. Budget Figures The approved operating budget for 2013 is reflected on the "Consolidated Statement of Operations and Accumulated Surplus". These numbers have not been audited but are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project-oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected. Budget figures have been reclassified to comply with PSAB reporting requirements. 24 crawford smith(,swallow CORPORATION OF THE ('I'I'Y OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 21113 Revenues 'taxation llser fees and charges dovcrnmenrerants Other (ro‘eminent business enterprise (iatn (loss) on disposal of tangible capital assets General ( iovernment 2(113 Budget 8 General General Government Government 2013 2012 Actual Actual S S 64,226,665 66,207,016 852,200 710,968 1,843,200 2.042,625 8.346,600 24537.514 963.793 (218,255) 62,939,379 754,732 2,378,553 9, i15,088 1,677.038 (261,071) Protection Protection ProtectionTransportation 'I'ransportation'I ransportation Environment Environment Environment 3013 2013 2012 2013 2013 2012 2013 2013 2012 Budget Actual Actual Budget Actual Actual Budget Actual Actual 8 8 $ 8 g 8 8 8 1,173,5(1(1 1.720,544 1,257.477 4,872,165 4,344.780 66.000 9.360.780 50.678 65.243 3,564.792 6.791.288 4.84y 001 23,860,661 111,837.403 40.933,152 38.443 579 1.298 70.000 4,318,260 39,880,680 1,143 4_767,144 (4,640) (30,187) - (671,446) (113,912) - (15)1,57(1) (14.143) 75,268,665 94,243,661 77,003,719 1,173,500 1,766.582 1.292,533 8,502.957 19.825.402 39,433.153 41.103.152 42,612.567 44.634.824 Expenditures Salaries and wages Operating materials and supplies Contracted services Rents and financial expenses Interfunctional transfer External transtcr 5,nwnization Debt service 9 770.835 5,27)1,307 754,380 169,500 (3.445.564) 16,(100 32,536 9.621,633 5,382.443 1,080.391 215,259 (3,5110246) 2_077 1.2_16.128 29_05(1 9,861.390 4,530,6(12 949,994 143,334 (3,591,398) 66.232 1,36(1,18)2 36,242 16,46254(1 846.740 541,208 122,590 873.286 237,354 18,572.765 223,515 3,782,965 110,853 922.378 885.139 224.956 16.550.930 1.383,728 624,102 60.551 1.041,845 857.498 256.036 15 ,465.749 6,658,820 3,542,841 56,330 1.791,009 2,500 197,301 15.546.057 2471.996 5,846,354 74,333 1788.400 8.369..378 185,763 15,157,793 7.122,730 3,043,368 23,665 1,686.436 44,646 7,876,546 228.018 3.626794 1.047.925 26.800,904 328,511(1 437.483 3,483.533 45,555 23, 37(1,137 87,027 437,135 3.410, 895 961,097 24,550,832 291,974 46_2,2_07 7.160.165 7075,578 565,040 551).125 598,877 12,567,994 14,1)46,735 13,356,398 19.083.718 24,722,571 20,774,69(1 27,714,550 41,282281 35,183,202 32,806,646 35,133,677 37.351,460 %nnual Surplus (Deficit) 62,700,671 80,196,926 63,647,321 (17,910,218) (22,955,989) (19,482,157) (19,211,593) (21,456,879) 4,249,951 8,196,506 7,478,890 7,283,364 See accompanying notes erawlutl smith C&, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCIH?DUI.E OF SEGMENTED REPORTING for the year ended December 31, 2013 Revenues Taxation User tees and charges Go) eminent grants Other Government business enterprise Gain (loss) on disposal of tangible capital assets health 2013 Budget K 395,000 319,0(10 I lealth 2013 Actual 3, I lealth 2012 Actual g 444.659 569,500 300.594 357,881 (229) Recreation/ Culture 2013 Budget 4.434,81 1 164.800 1,021.464 Recreation; Culture 2013 Actual 4,512.405 198,574 2,235,851 Recreation/ Culture 2012 Actual 4,618,315 4,448.246 3.905.544 (11,548) (208,008) Planning/ Planning/ Planning/ Development Development Development 2013 2013 2012 Budget Actual Actual 200.454 80,000 2,141,713 390,120 193,728 557,967 (3,136) 357.120 104,483 91.564 Total 2013 Budget 64.226.665 52.861282 2.1 54.000 15,463.569 Total 2013 Actual 66,207,016 5)1.567,055 11,797,005 38,792, 152_ 963,793 Total 2012 Actual 62.939,379 52'286,825 30793,086 29.539,867 1.677,038 (1,059,824) (627,321) 714.000 745.024 927,381 5.621.075 6.935 282 12 764.097 2,422,167 1 138.679 553,167 134,705.516 167,267,197 176.608,874 Expenditures Salaries and wages Operating materials and supplies Contracted services Rents and financial expenses Intert unctional transl er External transfer Amortization Debt service 1,453.213 280.817 471,183 28,200 64,168 5(1.000 1.414.22(1 227.454 475.828 36.563 81.391 50,00(1 64.2_73 1,377,157 271,099 485,644 35,158 72,862 50,000 55,879 9,086.510 7,952,188 7,313.966 6,616.064 890,735 1,000,442 187.719 195,455 263,412 256,763 11.893 11,893 4,456„577 2,265 212 2,214 300 8,816.272 6.977,739 852,548 153.435 312,190 17.841 4.662.1 30 2,24(1.953 1,867,786 1 797.220 143.625 133,797 767,050 910,911 60,000 283,380 16.206 14,179 2.141.713 1038.689 602.887 1,903,065 106,927 639,162 67,789 15.858 1,679.)181 98.610 57.733427 21 ,562.200 33,768,301 952,839 2.222.1(16 3.297,443 58,387.616 22,1(1(1.824 36,467,028 1,002,870 1.102_.659 22 754,547 3,204..194 57 077.502 21.353,922 31,145,650 775,906 1.857,800 21.986,243 3360,126 2,347,581 2,349,729 2,347,799 20,019447 22,703,682 24.033,108 4,996,380 4 781.063 4,510,492 119.536,316 145.019 738 137.557,149 Annual Surplus (Deficit) (1,633,581) (1,604,705) (1,420,418) (14,398,372) (15,768,400) (11,269,011) (2,574,213) (3,642,384) (3,957,325) 15,169,200 22,247,459 39,051,725 Sec aecmupanving notes emwlimtl smith C&. swallow 26 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2013 Cost Accumulated Amortization Balance, Balance, Balance, Beginning of End of Beginning of Year Additions Disposals Year Year Amortization Disposals Balance, Net End of Book Year Value $ $ $ $ $ $ $ $ $ General Land 17,692,542 235,123 202,500 17,725,165 17,725,165 Land improvements 17,017,414 1,606,353 82,674 18,541,093 4,846,423 733,040 82,674 5,496,789 13,044,304 Buildings 155,021,107 (263,326) 154,757,781 21,701,280 3,249,828 24,951,108 129,806,673 Furniture and equipment 22,983,844 3.236,186 635,213 25,584,817 6,977,132 2,876.955 736,700 9.117,387 16,467,430 Vehicles 52,615,723 2,103,019 842,741 53,876,001 21,953,790 4,221,103 824,395 25,350,498 28,525,503 265.330,630 6,917,355 1,763,128 270,484,857 55,478,625 11,080,926 1,643,769 64,915,782 205,569,075 Infrastructure Environmental 412,538,516 5,878,621 Roads 178.088,007 6,119,548 Water 109,930,670 1,465,778 700,557,193 13,463,947 1,037,467 1.188,613 374,490 2,600,570 417,379,670 183,018,942 111,021,958 71 1,420.570 142,951,773 5,338,093 96,563,055 4,564,747 41,835,458 1,770,781 281,350,286 11,673,621 952,509 147,337,357 270,042,313 920,770 100,207,032 82,811,910 331,364 43.274,875 67,747,083 2,204,643 290,819,264 420,601,306 Work in I'rogress December 31, 2013 45,965,695 32,045,593 20,421,932 57,589,356 57,589,356 1,011,853,518 52,426,895 24,785,630 1,039,494,783 336,828,911 22,754,547 3,848,412 355,735,046 683,759,737 Sec accompanying notes crawford smith C&, swallow 27 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2013 Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning oI' End of Beginning of 1.nd of Book Year Additions Disposals Year Year Amortization Disposals Year Value $ $ $ $ $ $ $ $ $ General Land 16.817,575 874,968 1 17.692,542 17,692,542 Land improvements 16,647,383 370,031 17,017,414 4,194.593 651.830 4.846,423 12,170,991 Buildings 145.771.007 10.285,102 1.035,002 155.021.107 19.215.845 3.509.088 1.023,653 21.701.280 133,319,827 Furniture and equipment 20.587,913 3,736,068 1,340,137 22.983,844 5,862,639 2.432.666 1.318,173 6,977,132 16,006,712 Vehicles 33,041,023 20,549,134 974,434 52,615,723 19,050,445 3,861,253 957,908 21,953,790 30,661,933 232.864.901 35.815,303 3,349,574 265,330,630 48,323,522 10,454.837 3.299.734 55.478,625 2(19,852,005 Infrastructure Environmental 411.117,903 1,732,833 312,220 412,538,516 137,916,194 5,262,497 226,918 142,951,773 269,586,743 Roads 173.218,043 6,133,387 1,263,423 178,088.007 93.252.773 4.516,563 1,206,281 96,563,055 81,524.952 Water 109.607.570 643,710 320,610 109,930,67(1 40,338,079 1,752.346 254,967 41.835,458 68,095,212 693.943.516 8,509,930 1,896,253 700.557,193 271.507.046 11,531.406 1.688,166 281,350,286 419.206,907 Work in Progress December 31, 2012 45.393, 354 972,201,771 41,797,145 41,224,804 45,965,695 45.965,695 86,122,378 46,470,631 1,011,853,518 319,830,568 21,986,243 4,987,91111 336,828,911 675,024,607 See accompanying notes crawfoirl smith A8 swallow 28 Crawford, andSwallow Crawford Chartered Accountants LLP 4741 Queen Street smith C& Niagara Falls.Ontario Te ephone(905)356-4200 swallow Telecopier(905)356-3410 Onices rn Niagara Fails Ontario St Catharines Ontario Fort Ene, Ontario Niagara-on-the-Lake.Ontario Port Colborne,Ontario INDEPENDENT AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying financial statements of the trust funds of the Corporation of the City of Niagara Falls, Ontario, which comprise the statement of financial position as at December 31. 2013 and the statement of financial activities and changes in fund balances for the year then ended and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards. and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors'Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors'judgment. including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances. but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 29 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly. in all material respects, the financial position of the trust funds of the Corporation of the City of Niagara Falls. Ontario as at December 31, 2013 and the continuity of trust funds for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario October 19, 2015 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 30 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31. 2013 Cemetery Perpetual Total Care Other $ $ $ Assets Cash 555,276 517,845 37.431 Investments - note 2 Federal 1.535.693 1.535,693 Provincial 570,900 570,900 Corporate 892,833 891.633 1,200 2,999,426 2.998,226 1.200 3,554,702 3,516,071 38,631 Liabilities and Fund Balances Due to (from) operating fund 124.035 232,011 (107.976) Fund balances 3,430.667 3,284,060 146,607 3,554,702 3,516,071 38,631 See accompanying notes 31 crawford smith A,swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2013 Cemetery Perpetual Total Care Other $ $ $ Balance, Beginning of Year 3.204.034 3.1 85.082 18.952 Receipts Cemetery lot receipts 98.978 98.978 Interest 102.216 99.652 2.564 Land sale deposits 127,370 127,370 328,564 198,630 129,934 Expenditures Bank charges 2,279 2.279 Cemetery care 99.652 99.652 101.931 99.652 2.279 Balance, End of Year 3,430,667 3,284,060 146,607 See accompanying notes 32 crawford smith swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31. 2013 1. Significant Accounting Policies The financial statements of the Municipality's trust funds are the representations of management prepared in accordance with accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada. Basis of accounting Revenues and expenses are reported on the accrual basis of accounting. Investments Investments are recorded at cost. 2. Investments Trust fund investments of $ 2,999,426 ($ 2,896.710 - 2012) have a market value as at December 31, 2013 of $ 3.039,112 ($ 3,066,834 - 2012). Investments consist of Government of Canada treasury bills and crown corporation bonds: provincial government bonds: Canadian corporate bonds and Canadian bank shares. 3. Other Trust Funds 2013 2012 $ $ Trust for land sales 127,655 Brock University Students' Union 5,757 5.757 Rigg Estate 500 500 W. L. Doran Estate 1,000 1,000 Moore Estate 1,200 1.200 McNiven Estate 500 500 McDonald Estate 400 400 Woodruff Estate 8,295 8.295 Coulsen Estate 300 300 Wilson Estate 500 500 C. J. Doran Estate 500 500 146,607 18,952 33 crawford smith A,swallow MW-2015-33 Niagaraaalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2015-33 Stamford Centre Heritage White Oak Tree RECOMMENDATION That staff be directed to undertake the following actions. 1. That By-Law No.2014-102 be repealed thereby removing the Heritage Designation on the remaining portion of the tree, and, 2. That staff include funding in the 2016 Operating Budget to complete the removal of the trunk and stump, boulevard restoration, curb and roadway repairs as per city standards; and, 3. Staff be directed to work with the Municipal Heritage and Arts and Culture Committees to determine the appropriate recognition for the significance of this tree. EXECUTIVE SUMMARY Attached is information regarding the background of the historic White Oak and current condition. It is worth noting that staff sought third party professional opinions prior to making the decision to recommend removing the remaining portion of the tree and replacing with a new planting. BACKGROUND On Saturday August 22, 2015 the historic White Oak tree on Portage Road at Stamford Green suffered a catastrophic structural failure and collapsed. The tree estimated to be between 250 to 500 years old has been a significant part of the City's history and had received official heritage designation in 2001. The tree received the original designation under By-law 2001-176 and the amended By- law 2014-102. The background information of these By-laws speaks to the history and significance of this tree. 2 MW-2015-33 October 27, 2015 The very prominence of this tree and its location to one of the oldest trails and roads (Portage Road) in Canada played both an important part in its heritage value and ultimate decline. The trees proximity to the trail and road in all likelihood resulted in it being damaged many years ago by a vehicle or piece of machinery. This injury led to the major disorder (heart rot) that would ultimately lead to the failure of the tree. Over the years there has been numerous works performed to prolong the life of the Oak. The most significant work was performed in 1983 when a decision had to be made to either undertake a major cleaning, treating and stabilization of the trunk or remove the tree. The decision was made to keep the tree and perform the work. The work that was performed required the vast majority of heartwood to be removed from the tree. Concrete and steel was added for stability. Although this work stabilized the tree and prolong its life, it could not prevent the tree's failure 30 plus years later. Staff now needs to make a final decision on the remaining portion of the tree trunk. Having thoroughly examined the standing portion of the trunk it is staffs opinion that given a number of factors (most importantly its close proximity to public space), there is no viable and safe opportunity to keep the remaining portion and promote growth. The remaining portion of the tree has evidence of white rot and large shake cracks that make it unstable and unable to support any growth weight. The trunk is filled with concrete and steel re-bar with no real heart wood to support and promote sustainable growth. The branches on the trunk are epicormic or water sprout branches. These are branches that grow from previous trimming cuts or wounds. As they are not a direct formation from tree growth, they are not secure and are prone to breakage when weight loaded. As staff is aware of the significance of this tree they wanted to be sure that additional professional and expert opinion was sought prior to any final decision being made. Having met with and reviewed the opinions provided, staff is comfortable that the decision to remove the remaining portion is a sound decision from both risk management and arboriculture perspectives. It should be noted that Niagara Peninsula Conservation Authority was contacted for comment. Staff was informed that they were not involved in the designation of this tree. When informed that it may require removal their, Forester fully understood and he did not provide any comments or express any concerns. There have been some suggestions that the remaining portion of the trunk could be left standing and used for carving. 3 MW-2015-33 October 27, 2015 In keeping with the City's Policy and Procedure for allowing tree carvings on road allowance staff has examined the condition of the remaining portion of the trunk. Staff and the independent arborist report have concerns about the viability and safety of this endeavor. The concerns are that the amount of surrounding wood over the concrete and existence of white rot does not lend its self to be a sustainable and safe carving. The substantial cost of having this tree carved with a relief carving with the real possibility of failure due to continuing rot and decay does not make for a safe or financially sound decision. Furthermore the close proximity of the tree trunk to the travel portion of the roadway is concerning. A number of years ago to accommodate and protect the tree during road reconstruction the travel portion of Portage Road near the tree was altered. The lane width on the West side opposite the tree is a 5 meter lane width. To protect the tree the lane on the East side adjacent to the tree was reduced from 5 meters to 4 meters. During re-construction a rolled asphalt curb was installed in place of the standard concrete curb. This was again to protect the tree while providing the minimum 1 meter setback from curb edge required. When the tree was in good condition the City could defend this decision and potential liability from a risk and reward perspective. Given the current condition of the tree, it would be very difficult to justify the decision of keeping the remaining portion this close to the altered travel portion of the roadway should a catastrophic accident occur. Staff took the steps of gathering all available acorns from the tree. Niagara Parks Commission staff was contacted and have been extremely cooperative and are attempting to propagate the acorns (seeds) into saplings. If successful these saplings could be planted in prominent locations. Staff has also received a number of requests and suggestions for the wood that has been saved from the tree. The wood will be kept pending recognition recommendations from the Municipal Heritage and Arts and Culture Committees. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funds for removal, restoration and re—planting will be available in the 2016 Forestry operation budget. Funds required for the re-alignment and installation of concrete curb on the affect portion of Portage road will be made available in the 2016 capital asphalt patching budget. 4 MW-2015-33 October 27, 2015 Additional funds may be required dependent upon recognition recommendations received from the Municipal Heritage and Arts and Culture Committees. CITY'S STRATEGIC COMMITMENT This report is to ensure that staff is able to meet Councils Strategic Commitments of Infrastructure Sustainability by recognizing City owned trees for the valuable asset that they are, and taking the necessary steps to protect, promote and enhance this asset. It also addresses the commitment of a Healthy and Safe Community in that it meets the commitment of ensuring healthy green space for City residents. LIST OF ATTACHMENTS 1. Background 2. By-law No. 2014-02 — Heritage Designation — Stamford White Oak Tree 3. Portage Road White Oak Evaluation — Pineridge Tree Service 4. Oak Tree Observations — Niagara Parks Commission — September 4, 2015 5. Tree Sculpture on City Road Allowance — Policy #314-06 6. Memo from Planning — Heritage Committee Motion — September 29, 2015 Recommended by: l 4' Geoff Holman, Director of Municipal Works Respectfully submitted: J 1° Ken Todd, Chief Administrative Officer John Morocco MW-2015-33-Attachment#1 Historic Stamford Green White Oak 3340 Portage Road Background In 1983 - The White Oak is believed to date back to the 17th century, making it over 300 years old. In 1983, the tree was deemed to be unhealthy and a safety risk due to branches that were falling off and was scheduled to be removed. The public rallied around the tree and saved it. The City of Niagara Falls and Niagara Falls Heritage Foundation shared $7,500 cost of medicating and pruning the tree in hopes of preserving it for another 100 years. ???- Portage Road Reconstruction —Swayze Street to O'Neil Street To protect the tree the area surrounding was cordoned off with snow fence. Tree Maintenance—2000—Present • Deep Root Fertilization—2009, 2011, 2013 • Minor trimming from inspections (3 times)— o Prune close to house, Low limb over road &small deadwood removal • Numerous drive by inspections—no changes to report. • Note: Tree has never lost a branch due to storms. Recent inspections • June 29, 2015—Windstorm Tree at 3286 Portage Road had large limb hanging. At this time Forestry Supervisor inspected the White Oak tree—Nothing found. • August 10, 2015 —Stamford Green Forestry Supervisor inspecting two trees on the Green, parked under the White Oak and inspected while onsite. Detected one dead limb approximately six feet long and two & half inches in diameter. All other limbs, crotch area and trunk where in good condition. Tree Failed -August 22, 2015 7:30 am call received of downed tree 7:33 am Shift Supervisor arrived on site as he was just around the corner. Supervisor called a crew to bring barricades, called NPEI On-Call number as power lines were downed as well two streetlight arms and luminaries. 7:43 am crew arrived with barricades to close off a portion of Portage Road. Caution tape was also used to keep pedestrians back. 8:45 am Forestry crew on site. 11:40 am NPEI arrived and shut down power to live lines. 11:50 am Forestry crew began the process of removing the tree. Debris will be placed on the green at the direction of Forestry Supervisor,Tony Giacobetti. F ? 41k 4,11 0. Y_ MW-2015-33-Attachment#2 CITY OF NIAGARA FALLS By-law No. 2014 - 102 A by-law to amend By-law No, 2001-176, being a by-law to designate the Stamford White Oak Tree, located on the east side of Portage Road at Carman Street, to be of cultural heritage value and significance. WHEREAS By-law No. 2001-176 designated the Stamford White Oak Tree located on the east side of Portage Road at Carman Street to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 2001-176 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. pp , _ _ _ D AN iORFID , CI Y CLERK JAMES M. DIODATi, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BY-LAW NO. 2014-102 Part of Township Lot 43, Stamford, Part of Township Lot 56, Stamford, being a Forced Rd; known as Portage Rd; lying between Church's Lane and the northerly limit of Township Lot 60, Stamford, Niagara Falls. SCHEDULE "B" to BY-LAW NO. 2014 - 102 Description of the property— Stamford White Oak Tree The Stamford White Oak tree is located on the east side of Portage Rd at Carman Street and opposite Stamford Green. The tree is thought to be over 300 years old and given its proximity to Portage Road means this tree has witnessed many travelers while serving as a guide post. Statement of Cultural Heritage Value The location of the White Oak is a contributing factor to why it has become a cultural icon. Portage Road was considered to be a vital link in the transportation route between Lake Ontario and Lake Erie. It is well documented that Portage Road was used to move troops and supplies from lake to lake during the War of 1812. The White Oak is thought to be the only tree remaining from the original forest growth that covered the Stamford Township. Trees were obstacles to the pioneer. He had to cut them down and remove the logs before he could plant crops. The White Oak's proximity to Portage Road is probably what saved it. In 1983, the tree was deemed to be unhealthy and a safety risk due to branches that were falling off and was scheduled to be removed. The public rallied around the tree and saved it. The City of Niagara Falls and the Niagara Falls Heritage Foundation shared the $7,500 cost of medicating and pruning the tree in hopes of preserving it for another 100 years. The average diameter of a mature white oak measured at breast height is said to be between 2 and 4 feet. The Stamford White Oak had a diameter of 5'1" with a circumference of almost 16 ft at the time of original designation in 2001. Key attributes that reflect the heritage value of the Stamford White Oak Tree include: • Location of the White Oak tree in proximity to Portage Rd. a well-documented transportation link between Lakes Erie and Ontario. • Longevity of the tree at this particular location • Thought to be only tree remaining from original forest growth in Stamford • Link to the history of Stamford representing a unique value to public because of its size, age and historical association to the City. orporate Services Department Legal Services Inter-Department Memorandum NiagaraFalls TO: Dean lorfida DATE: January 18, 2007 City Clerk FROM: Lynne Banks Law Clerk, Property Ext. 5209 RE: Historic Designation of Oak Tree Located on East Side of Portage Road Our File No.: 2001-196 Enclosed herewith, for the City's record, please find the electronically registered Application To Register Bylaw,regarding the above-noted property,registered in the Registry Office for the Land Titles Division of Niagara South on January 18, 2007 as Instrument Number SNI 150432. Should you require any further information please do not hesitate to contact me. 'lb Enc. c. - P. Boyle Assistant Planner Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning&Development LRO# 59 Application To Register Bylaw Receipted as SN150432 on 2007 01 18 at 14:09 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 4 Properties P/N 64276 - 0034 LT Description PT TWP LT 43 STAMFORD; PT TWP LT 56 STAMFORD BEING A FORCED RD; KNOWN AS PORTAGE RD; LYING BTN CHURCH'S Lane&THE NLY LIMIT OF TWP LT 60 STAMFORD; NIAGARA FALLS Address NIAGARA FALLS Applicant(s) This Order/By-law affects the selected PINs. Name THE CORPORATION OF THE CITY OF NIAGARA FALLS Address for Service City Hall 4310 Queen Street P.O.Box 1023 Niagara Falls. ON L2E 6X5 This document is being authorized by a municipal corporation through Lynne Banks,Law Clerk,on behalf of The Corporation of the City of Niagara Falls. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No.2001-176 dated 2001/08/13. Schedule: See Schedules Signed By Heather Lynne Banks 4310 Queen St.P.O. Box 1023 acting for Applicant(s) Signed 2007 01 18 Niagara Falls L2E 6X5 Tel 9053567521 Fax 9053712892 Submitted By THE CORPORATION OF THE CITY 4310 Queen St. P.O. Box 1023 2007 01 18 OF NIAGARA FALLS Niagara Falls L2E 6X5 Tel 9053567521 Fax 9053712892 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number• 2001-196 tht,Ci;,,(:i , �,, ',:Graf !be,roregoing to be r[Lt. .::r,„¢f`*y dt 18y—la 2001-176, da,Ctd Aug. 13,, , I, CITY OF NIAGARA FALLS of the said Oft,. biv n under my hand aid the seal of the said Coroor ti thisl2ta 6 f By-law No. 2001-A7.6 _qq an,._ Z07. .%; �L � fi �� 31erk 6666 /, - J-�j ,t A by-law to designate the Stamford White Oak Tree in the City of Niagara Falls,to be of lu"st"d& value and interest. WHEREAS the Ontario Heritage Act,R.S.O. 1990, S. 29 authorizes the Council of a municipality to enact by-laws to designate real property,including all buildings and/or structures thereon,within the municipality to be of historic value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner of the property as described in Schedule "A" hereto and upon the Ontario Heritage Foundation,notice of intention to designate the property and has caused such notice of intention to designate to be published in a newspaper having general circulation in the municipality on June 30, 2001; AND WHEREAS the reasons for designation are set out as Schedule "B"hereto; AND WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the municipality. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The real property, more particularly described in Schedule "A" hereto, known as the Stamford White Oak Tree, is hereby designated to be of historic value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule"A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Foundation,and to cause notice of this by-law to be published in a newspaper having general circulation in the City ofNiagara Falls. Passed this 13th day of August , 2001. , , 0,00p ...„,/, Atil_ik...... -440P... -°---•M E. C. WAGG, C LERK 'YNE THOMSON, MAYOR ust 1 t First Reading: Au g 3 h, 2001 . Second Reading: August 13th, 2001 . Third Reading: August 13th, 2001 . SCHEDULE "A" to By-law No. 2001-176 All and singular that certain parcel or tract of land, being Part of the Portage Road road allowance between Township Lot 55 and 56; adjacent to the property municipally known as 6166 Carman Street, Plan 98, Lot 6 in the City of Niagara Falls, formerly the Township of Stamford, Regional Municipality of Niagara. SCHEDULE "B" to By-law No. 2001-176 REASON FOR DESIGNATION The City of Niagara Falls is indeed fortunate to have a tree such as the Stamford White Oak Tree, also known as the Portage Road Oak,in our community. It has strong historical significance and is believed to date back to the 17`h Century,making it over 300 years old. The White Oak is thought to be the only tree remaining from the original forest growth that covered the Stamford Township. The location of the White Oak is a contributing factor for why this tree has become a cultural icon. Its proximity to Portage Road means that this tree has witnessed countless travellers while serving as a guide post as they passed by. Portage Road was considered to be a vital link in the transportation route between Lake Ontario and Lake Erie. It is well documented that Portage Road was used to move troops and supplies from lake to lake during the War of 1812. In 1983,the tree was deemed to be unhealthy and a safety risk due to branches that were falling off and was scheduled to be removed. The public rallied around the tree and saved it. The City of Niagara Falls and the Niagara Falls Heritage Foundation shared the$7,500 cost of medicating and pruning the tree in hopes of preserving it for another 100 years. The Stamford White Oak is clearly a link to the past history of the Stamford conununity and represents a unique value to the general public because of its size, age and historical association to the City ofNiagara Falls. The designation of this tree is an opportunity for the City ofNiagara Falls to officially recognize the historical events that took place in and around the Stamford Township during the life of this tree and to those groups and individuals who contributed to the preservation of the White Oak and their community. CITY OF NIAGARA FALLS By-law No. 2001-.17.6 A by-law to designate the Stamford White Oak Tree in the City of Niagara Falls, to be of historic value and interest. WHEREAS the Ontario Heritage Act,R.S.O. 1990, S. 29 authorizes the Council of a municipality to enact by-laws to designate real property,including all buildings and/or structures thereon,within the municipality to be of historic value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner of the property as described in Schedule "A" hereto and upon the Ontario Heritage Foundation,notice of intention to designate the property and has caused such notice of intention to designate to be published in a newspaper having general circulation in the municipality on June 30, 2001; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the municipality. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The real property, more particularly described in Schedule "A" hereto, known as the Stamford White Oak Tree, is hereby designated to be of historic value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A"hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Foundation,and to cause notice of this by-law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this 13th day of August , 2001. • E. C. WAGG, C LERK • YNE THOMSON, MAYOR First Reading: August 13th, 2001 . Second Reading: August 13th, 2001 Third Reading: August 13th, 2001 . SCHEDULE "A" to By-law No. 2001- 176 All and singular that certain parcel or tract of land, being Part of the Portage Road road allowance between Township Lot 55 and 56; adjacent to the property municipally known as 6166 Carman Street, Plan 98, Lot 6 in the City of Niagara Falls, formerly the Township of Stamford, Regional Municipality of Niagara. • r SCHEDULE "B" to By-law No. 2001-176 REASON FOR DESIGNATION The City of Niagara Falls is indeed fortunate to have a tree such as the Stamford White Oak Tree, also known as the Portage Road Oak,in our community. It has strong historical significance and is believed to date back to the 17"' Century,making it over 300 years old. The White Oak is thought to be the only tree remaining from the original forest growth that covered the Stamford Township. The location of the White Oak is a contributing factor for why this tree has become a cultural icon. Its proximity to Portage Road means that this tree has witnessed countless travellers while serving as a guide post as they passed by. Portage Road was considered to be a vital link in the transportation route between Lake Ontario and Lake Erie. It is well documented that Portage Road was used to move troops and supplies from lake to lake during the War of 1812. In 1983,the tree was deemed to be unhealthy and a safety risk due to branches that were falling off and was scheduled to be removed. The public rallied around the tree and saved it. The City of Niagara Falls and the Niagara Falls Heritage Foundation shared the$7,500 cost of medicating and pruning the tree in hopes of preserving it for another 100 years. The Stamford White Oak is clearly a link to the past history of the Stamford community and represents a unique value to the general public because of its size,age and historical association to the City of Niagara Falls. The designation of this tree is an opportunity for the City of Niagara Falls to officially recognize the historical events that took place in and around the Stamford Township during the life of this tree and to those groups and individuals who contributed to the preservation of the White Oak and their community. iflntrid e 9 TREE SERVICE September 11, 2015 The Corporation of the City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention:Tony Giacobetti, City Forester Regarding: City owned boulevard tree on Portage Road of 6165 Carman Street. Dear Mr Giacobetti, The arborist consulting team at Pineridge Tree Service Ltd was asked by the City Forestry Department of the City of Niagara Falls to assess the city owned tree on the front boulevard of the property at 6165 Carman Street. Our analysis of the tree was completed without invasive procedures using a aerial truck. Ultra sounds or soil testing was not performed by our team. The analysis was completed through visual inspection both on the ground and aerially by the Pineridge Staff only. The mature tree in question, on the side boulevard is a White Oak, Quercus alba. At the time of inspection the tree was in full leaf.The tree has had extensive damage and leader loss due to severe weather. By observing the Google Maps Street View of this tree,which was last updated July 2015, shows that the extent of the canopy loss was approximately 85-95%. We have provided 3 options and the results and risks that come from each option. However,we feel keeping the tree will not be cost effective for the City and will most definitely not remove the risk of reoccurance. If you have any questions in regards to this letter, please feel free to contact us. Sincerely, Rachel Bowery, BAppSc President, Certified ISA Arborist and Utility Arborist#ON-1409AU, Ontario Arborist#400155620 and Ontario Utility Arborist#400184823 Assessing Arborist Craig Bowery Supervisor, Certified ISA Arborist& Utility Arborist#ON-1555AU, Ontario Arborist#400184778 and Ontario Utility Arborist#400186657 P.O. Box 1445 Station Main,St.Catharines,Ontario,L2R 7J8 Tel.905-328-4323 Fax.289-296-4982 Email. info@pineridgetree.com MW-2015-33 Attachment#3 Iftneridge TREE SERVICE Portage Road White Oak Evaluation Submitted By Craig Bowery, Certified Arborist&Utility Arborist& Rachel Bowery,BAppSc, Certified Arborist& Utility Arborist September 10, 2015 P.O. Box 1445 Station Main,St.Catharines,Ontario,L2R 7J8 Tel.905-328-4323 Fax.289-296-4982 Web.www.pineridgetree.com • iflntridoc TREE SERVICE 6165 Carman Street, Niagara Falls, Ontario Latin Name: Quercus alba Common Name:White Oak Approximate DBH: 5 Ft Approximate Height: 15 ft Approximate Crown Spread: 8 ft Location: Portage road boulevard of 6165 Carman St, Niagara Falls Tree History The Google Maps Street Image of this tree which was dated July 2015,shows a large canopy with 98% live ratio. A significant amount of the canopy is large wood mature growth with minimal new growth. The limbs appear to be very mature and some appear to have poor taper,as outlined in the circled area in Figure 1. On August 22nd, 2015 the White Oak tree suffered a catastrophic canopy failure that resulted in collapse It has been reported to our staff that the tree trunk was injected with cement in the past, however,our staff was unable to see the cement. nom., a +1`. `` ,' yIr , � - . M_.,r ja. - * ' t `: * ' k . r. 41111P lic illk %r t -1+ • ¢ • A,u. ." t 71 r ,•+• Species History This species of tree can grow to a height of approximately 50-80 ft high and wide and has a habit upright and broad rounded canopy shape with wide spreading branches at maturity. As defined by Michael Dirr in his Manual of Woody Landscape Plants it is a "very imposing specimen when full grown; one of the most handsome oaks". He also goes on to say that when man encroaches roads and buildings around P.O. Box 1445 Station Main,St.Catharines,Ontario,L2R 7J8 Tel.905-328-4323 Fax. 289-296-4982 Web.www.pineridgetree.com iflncriIIgt TREE SERVICE the tree,the timber often gradually declines and dies most likely due to compaction, limited soil space and removal of recycled organic matter. Current Analysis of the Tree The tree that was once doubled the size of the street lights in height is now currently stands approximately 15 ft tall(see Figure 2). The tree canopy is only comprised of only sucker growth and has lost nearly 90%of its canopy. ytt jot, tom .. • , :iffk + • " . ami" l a ra „, - LiT( -. The heart wood of the tree shows that it is infested with white rot, which could have contributed to the extensive limb loss.This can be seen in Figure 3. P.O. Box 1445 Station Main,St.Catharines,Ontario, L2R 7J8 Tel.905-328-4323 Fax. 289-296-4982 Web.www.pineridgetree.com iflncridt 9 TREE SERVICE t W At . , •44 4r Conclusions This tree has had extensive limb and canopy loss. What remains of this tree is the stalk which has white rot and a few sucker branches. This sucker branches or adventitious growth is more prone to failure due to lack of apical dominance.These branches will grow rapidly in response to the damage occurred which will result in improper growth. This fast growth will make the branches weaker than normal and will fail in the future with the increase of wood matter and weight to the branches. (Matheny&Clark,1996). It is possible that this tree might not be able to recover from the damage. Mitigation Options 1. Leave the tree to continue to produce secondary growth. 1.1. Proper pruning and deep root fertilizations will be required to be preformed regularly, and arborist inspections completed annually. Result: Extensive maintenance and highly expensive, potential for failure in the future will only increase as tree increases in size.Additionally the likelihood of desiccation in the next 5 years regardless of treatments. Residual Risk: High 2. Removal of the remaining tree. 2.1. Result: no potential for future failures. Residual Risk: None 3. Removal of live growth and create a sculpture from carving the trunk. 3.1. This will remove the potential for failure from the adventitious branches but preserve the memory of the tree.This has been done by the City of London Ontario to several mature trees from similar situations. Result: Expense of artist to carve the sculpture.The piece will not last P.O.Box 1445 Station Main,St.Catharines,Ontario,L2R 7J8 Tel. 905-328-4323 Fax.289-296-4982 Web.www.pineridgetree.com iflncrid e 9 TREE SERVICE for an extensive period of time.The wood in the trunk as well as the root structure will continue to decay and possibly fail. Residual Risk:Low Rachel Bowery, BAppSc President, Certified ISA Arborist and Utility Arborist#ON-1409AU,Ontario Arborist#400155620 and Ontario Utility Arborist#400184823 Assessing Arborist Craig Bowery Supervisor,Certified ISA Arborist&Utility Arborist#ON-1555AU,Ontario Arborist#400184778 and Ontario Utility Arborist#400186657 References Dirr,M.(1998).Quercus alba.In Manual of Woody Landscape Plants(Fifth ed.,pp.814-815).Champaign,Illinois Stipes Publishing L.L.C. Mathaeny,Nelda, and James Clark.A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas.2nd ed.Champaign: International Society of Arboriculture, 1996.Print. P.O. Box 1445 Station Main,St.Catharines,Ontario,L2R 7J8 Tel.905-328-4323 Fax.289-296-4982 Web.www.pineridgetree.com MW-2015-33 - Attachment #4 Selene Tudini From: Dino McDonnell <dmcdonnell@niagaraparks.com> Sent: Friday, September 04, 2015 1:53 PM To: John Morocco Cc: Scott Priest; Mark Stoner Subject: Oak tree observations Good Afternoon John Thank you for meeting Mark Stoner and Ito review your historic White Oak tree at Stamford Green. Upon review there are several observation and a few recommendations would like to make note of. I will leave the decision to remove or save what is left of the tree to you and your team however I hope our notes below are use full. If you have any other questions please let us know. Observations • There is only 25-30 feet of the tree trunk remaining, with the entire canopy removed after catastrophic failure of the main structure, only the main trunk and one very large limb (which was headed back to ensure safety of the arborist team) remain. • The tree is estimated to be between 250-300 years old however due to the fact the trunk completely hollow with little support wood remaining and is filled with concrete near the base, it would be impossible to accurately estimate the age with the use of an increment boring tool.This lack of heartwood for structural support is most likely the reason for the catastrophic failure of the entire tree and will only get worse as time passes. • The tree is located very close to the traffic lane creating a strike hazard for vehicles passing the tree. • The hollow trunk most likely indicates Armillary root rot, or other necrotic rot either of which will continue to degrade the interior of the tree. • As noted above the entire remaining truck is hollow or filled with concrete which was used for a restoration repair in the early 1980's. Because of this there is little if any remaining strength remaining in this trunk to support the remaining large limb. • The large limb which is approximately 10-12 feet long and 24 inches in diameter is poorly attached to the main, hollow trunk with a "shake crack" running down the main trunk on either side of the limb.The limb is estimated to weigh between 1500-2500 lbs, is directly over the lane of traffic and should be removed back to the trunk regardless of the decision to keep or remove the remaining trunk. If this limb is not removed under a controlled environment it will eventually tear off the trunk into the traffic lane. • All other branches on the trunk are secondary water sprouts,which have grown on the surface of the trunk or old cuts. Unlike true structural branches,these branches have poor attachment to the trunk and therefore have a high probability of ripping off the trunk as they age, resulting in the potential to drop on values such as cars, infrastructure or pedestrians.This possibility is greatly increased given that the trunk is hollow reducing support to new shoots as they age and increase in size. Dino McDonnell Assistant Superintendent, Parks, Forestry, Parks Operations, Waste & Recycle The Niagara Parks Commission P.O. Box 150, 7400 Portage Road Niagara Falls, Ontario, L2E 6T2, Canada 1 Tel: 905.295.4396 ext. 241 Mobile: 905.658.5278 Fax: 905.295.4328ccrrre!i,rrIntayarepar;cs �cm V'PJYt n!aga`3,par'Ks. or'' , ; Itj Tia .' 4r:agenn c4 the(..vernment trr thitano wxx 18$5 .., 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 MW-2015-33-Attachment#5 Department Division Municipal Works Roadways Subject Policy# _.:7.000z40 ,> Tree Sculpture on City 314.06 NiagaraJRut/, Road Allowance Issue Date Revision April 23, 2013 Date April 23, 2013 -:i Policy ❑ Procedure Page 1 of 2 Purpose This policy sets out the procedures for requesting, approving and establishing tree sculptures on City road allowances, and addresses the roles and responsibilities of each of the participants. Policy Scope: This policy applies to all requests to locate tree sculptures on City road allowances. Tree sculptures may originate from tree removals from City road allowances. Procedure: 1. All proposals by citizens or community organizations to use tree trunks remaining from tree removals within City road allowances for sculptures shall be directed to the Director of Municipal Works or his/her designate. 2. Applications for placement of tree sculptures on City road allowances shall be submitted to the Director of Municipal Works or his/her designate, the Park in the City Committee and the Arts and Culture Committee. Each application shall include the proposed size of the sculpture, the current location of the tree trunk, the type of sculpture proposed. 3. The applicant shall be responsible for obtaining the support of adjacent homeowners prior to carving the sculpture. 4. Tree trunks that are proposed for sculptures will be inspected and evaluated by the City's Forestry Services Supervisor for structural integrity. Only tree trunks determined to be structurally sound shall be considered. 5. The Director of Municipal Works or his/her designate is authorized to approve requests that are consistent with this policy. The Director may impose such Submitted by Director Date Recommended by cao 1f Date Date ® Approved by Council Report#MW-2013-13 Bylaw#2004-173 as April 23, 2013 Amended Department Division Municipal Works Roadways Subject Tree Sculpture on City Policy# 314.06 Niagara)"ills Road Allowance Issue Date Revision April 23, 2013 Date April 23, 2013 Page ❑ Policy ❑ Procedure 2 of 2 conditions that are necessary, in his/her sole discretion, to ensure safety, public safety and minimize liability to the City of Niagara Falls. 6. If approved by the Director of Municipal Works the applicant shall be required to enter into an Encroachment Agreement with the City of Niagara Falls, in a form satisfactory to the Director or Legal Services, which includes the following; 1. grant of permission, 2. termination on notice, without cause and without compensation, 3. release of indemnity, 4. insurance, naming the City of Niagara Falls, 5. waiver of liability, 6. restrictions on use, 7. default provisions, 8. restoration following termination provisions, and 9. clarification that it is an Agreement personal to the licensee only, not an easement, right-of-way, lease or any kind of legal interest in the land. 7. All costs associated with the carving, installation, inspection, maintenance and trunk removal for each permitted sculpture shall be the sole responsibility of the applicant. 8. The City shall inspect all sculptures on a semi-annual basis to check for any deterioration. All inspections shall be completed the City's Forestry Supervisor. If a sculpture is damaged or in the City's sole discretion, poses a danger to the health or safety of any person, the City may remove and dispose of the sculpture without compensation to the applicant. Submitted by Director Date CAO Date Recommended by Approved® Report# Bylaw# Date by Council MW-2013-13 2004-173 as April 23, 2013 Amended (7 3Q7. _. PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo . �e To: Geoff Holman Director of Municipal Works From: Peggy Boyle Assistant Planner Date: September 29, 2015 Re: Stamford White Oak Tree — Portage Road At the September 23, 2015 Municipal Heritage Committee meeting, the subject of the failure of the Stamford White Oak tree was discussed. As part of the discussion the memo from Operations Superintendent was reviewed, as was the Pineridge Tree Service report. The Committee made the following motion: "That the Municipal Heritage Committee understands the City's position regarding the removal of the tree given its failure on August 22, 2015; • The Committee would like to collect some of the existing acorns that will fall from the tree in October to assist in propagating new trees. • They would also like to see that mementos of the tree are created, either in the form of benches, bowls, cutting boards etc. • As well as a slab of the wood kept in the museum in order to help preserve the history of the tree; and, • That an interpretive plaque be installed when the tree is finally removed." Once the tree is removed it is requested that a white oak tree be re-planted so that the historical connection can be continued. PB. PB:mb Cc: Municipal Heritage Committee Via email: Alex Herlovitch Dean lorfida John Morocco S'\HISTORY\INV\Portage-StamfordOakTree dp\MEMO re Failure Aug 22 docx A Great City ... For Generations To Come FS-2015-10 October 27, 2015 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2015-10 Fire Station 7 Design and Engineering RECOMMENDATION 1. That Council award the contract for Professional Services for Fire Station #7 to Venerino V.P. Panici Architect Inc. in accordance with RFP14-2015. 2. That the Mayor and City Clerk be authorized to execute the agreement between the City and Venerino V.P. Panici Architect Inc. EXECUTIVE SUMMARY City staff issued a Request for Proposal #14-2015 for the selection of an architectural firm to provide professional services related to architectural, engineering and related services for the design, preparation of construction documentation and contract administration for the construction of a new fire station (Station #7) for the City of Niagara Falls. As a result of the public call for submissions of RFPs for the project, eight firms submitted proposals by the closing date of Tuesday, June 30, 2015. Venerino V.P. Panici Architect Inc. was the preferred proponent based on their extensive experience in designing and managing construction projects with fire departments and other emergency services. BACKGROUND The City of Niagara Falls Fire Department currently operates out of six fire stations located throughout the city in both urban and rural areas. A recent review of fire station location requirements within the city has identified the need for a new fire station to service the western portion of the city. In response to the identified need, the City of Niagara Falls recently acquired a 3.88 acre parcel of land located at 8530 Lundy's Lane (Stamford PT Lot 139) in the western end of Niagara Falls with a lot frontage of 80.47 m [264.1 ft.] and a depth of 195.99 m [643.02 ft.]. This site is currently sparsely treed and vacant of any buildings. It is expected to be large enough to accommodate the required fire station facility while allowing for some land to be reserved for future potential development of the site. In addition, the City initiated the process through release of a Request for Proposal to bring aboard a skilled consultant team to assist with the design and preparation of 2 FS-2015-10 October 27, 2015 construction documents, as well as to conduct contract administration for the construction and commissioning of this new fire station. It is anticipated that the design phase will be completed within four months after the project is awarded. ANALYSIS/RATIONALE This area continues to experience a rapid growth of both residential and commercial development. Three fire station location studies have been completed for the department since 2001 with two undertaken concurrently in 2012. Significant gaps were identified in developed areas in the southwest area of the city, as well as the determination that the current configuration of stations cannot provide effective coverage to projected development areas within the city. This new fire station facility at the proposed location is required to extend the established high level of service with prompt response times to the expanding community in this area. To initiate the design and construction documentation preparation stage of this project, a Request for Proposal document was prepared utilizing a two-stage evaluation process. The submissions were received in two separate envelopes. The first envelope contained information necessary to assess qualifications and experience. The second envelope contained the quotation of costs on the provided Form of Proposal. In accordance with the process identified in the Request for Proposal, the submissions were initially evaluated on the contents of envelope one. These scores were tallied and only where the submissions received a score greater than 80 points was the second envelope opened. All submissions met the required 80 point qualification. The submitted quotations were scored for each submission and that score was added to the evaluated score of the qualification and experience for each submission. At the conclusion of the evaluation process, the design team headed by Venerino V.P. Panici Architect Inc. attained the highest overall rating due in large part to their level of expertise and vast experience in similar type projects which ultimately overcame the fact that they were not the lowest overall bid price. The following represents a breakdown of Consulting Fees for the Proposed Fire Station No. 7. This breakdown essentially covers the 3 components of the project identified below, relative to the total fee of$213,150 (excluding HST). PHASE 1 - PRETENDER SERVICES (Design and Construction Documents) This is the section required to be committed prior to receiving Council approval for construction. Programing & Program Definition 5% = $ 10,657 Schematic Design 15% = $ 31,972 Design Development 15% = $ 31,972 Contract Documents 40% = $ 85,260 TOTAL THIS PHASE 75% = $159,862 3 FS-2015-10 October 27, 2015 PHASE 2 This section would not be required until Council has approved construction: TENDERING SERVICES (Tender Issue, Inquiry Response, Analysis, Award) 5% = $ 10,657 CONTRACT ADMINISTRATION (Construction, Deficiency &Warranty Review) 20% = $ 42,630 TOTAL THIS PHASE 25% = $ 53,287 TOTAL VALUE excluding HST 100% = $213,150 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The design phase of this project was approved in the 2014 Capital Budget. The amount approved was $180,000. As previously indicated, the proposed architect's cost for the design phase is $159,862 which is within the allotted budget. The second phase will be dependent upon a future decision of Council to proceed with the design to construction. At this time, the costs of phase 2 of the proposal and the cost of construction will be considered by Council at that time for approval. CITY'S STRATEGIC COMMITMENT The commitment to Fire Station 7 will promote the provision of adequate facilities and resources to address the needs of our community. Recommended by: Lee Smith, Fire Chief Respectfully submitted: 24,ja-"t. Ken T dd, Chief Administrative Office P. Ross/L.Smith:tc CD-2015-09 NiagaraMls October 29, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2015-09 Governance Issues RECOMMENDATION For Council's information and comment. EXECUTIVE SUMMARY There is been discussion at a Regional level on such governance issues as double direct representation, where the elected member sits on both lower and upper-tier municipal councils, and the direct election of the Regional Chair. Concurrently, the Province is reviewing various pieces of legislation that impact local municipalities. The report outlines some of the issues that have elicited attention, providing background information and, related, pros and cons. Various background attachments and previous reports on governance issues are also provided. BACKGROUND At the September 15th meeting, Council passed a motion that that the Regional Municipality of Niagara be requested to consult with the lower-tier municipalities regarding the election of the Regional Chair and that staff come back with a report on various governance issues. In addition, the Province has been engaged over the last six months consulting on various pieces of legislation that have bearing on municipalities: the Municipal Elections Act (MEA), the Municipal Act, the Municipal Conflict of Interest Act and the City of Toronto Act. The deadline for comments on the MEA has passed, however, the Niagara Area Clerks have provided comments at a session with the Ministry of Municipal Affairs of Housing and under separate cover. The deadline for comments on the other pieces of legislation is at the end of October. This report will focus on some key issues that have received attention. 2 CD-2015-09 October 29, 2015 ANALYSIS/RATIONALE Municipal Elections Act/ Ranked Ballots After each municipal election, the Ministry of Municipal Affairs & Housing engages in review of the Municipal Elections Act (MEA). The Minister's mandate letter set out the parameters of the review, to "ensure that the act meets the needs of communities and that it provides municipalities with the option of using ranked ballots in future elections, starting in 2018, as an alternative to first-past-the-post system". The first-past-the-post system is the traditional system of electing representatives in democracies, where the candidate with the plurality of votes wins the seat. With a ranked ballot system, voters are allowed to rank candidates in order of preference (first choice, second choice, third choice, etc.) instead of just voting for one candidate. If no candidate receives a threshold of votes (50%+1 in single-member elections), the candidate with the fewest amount of votes is eliminated and their ballots are redistributed to the second preferences indicated on each ballot. Ranked Ballots Pros: • would add to the range of options available to decide how to elect local representatives. • is seen as a way of re-engaging the dissatisfied electorate. • is seen as a way to prevent the election of candidates that do not have broad- based support, across different groups. • is seen to prevent strategic voting (i.e., vote for the candidate with the best chance of beating candidate A, as opposed to the voter's preferred candidate). • arguably, provides more choice to the electorate. Cons: • in a three-way race for Mayor, for example, the candidate with the most first place votes could conceivably not win the election. • would require extensive education of the electorate on how the ranked-ballot system works and may discourage voters. • it could take days to determine an election winner. • the at-large system in Niagara Falls already provides much choice to the electorate (i.e., can vote for up to eight candidates). • there are many factors that contribute to voter turnout (strong Mayor race, weather, voter fatigue from competing elections) that it is questionable whether ranked ballots would necessarily increase voter turnout. • some jurisdictions in the U.S., have switched back from the ranked ballot system. 3 CD-2015-09 October 29, 2015 • may have more relevance in a federal or provincial party system, where based on seat distribution, popular vote may not translate into seats, but not in a municipal electoral system without party affiliations. It is curious that the Province has highlighted ranked-ballots as a priority for municipal elections, especially considering there are many areas in which the MEA and election process can be improved. The campaign financing rules and related forms are very difficult and need to be clarified and simplified. The compliance audit process that was implemented after the 2010 municipal election lead to many audit requests but little change resulted from the requests and most appeared to be politically motivated. The Province has indicated that ranked ballots will be the choice of the municipality. Based on the at-large system and the complexity, staff would not recommend implementing the system for 2018. Toronto City Council, which was initially receptive to ranked balloting, appears to be having second thoughts. Double Direct Representation The City of St. Catharines passed a motion that was forwarded to the Regional Municipality of Niagara for endorsement to request that the Region apply to the Ministry of Municipal Affairs & Housing to allow the municipality to have six (6) Councillors to sit on both the Regional and City Councils. The City of St. Catharines would maintain six councillors that would sit only on City Council elected based on the City's existing ward system. The Region endorsed forwarding the matter to the Ministry. The discussion at Regional Council was that the lower-tier should have some flexibility in determining their form of governance but there was not a consensus to see all lower-tier municipalities in Niagara go to the double-direct method. The Ministry has not formally responded. If the change was to be made, based on the current legislation, there would have to be a triple majority: a majority at the Region would have to approve the change and a majority of the twelve lower-tier municipalities, making up more than 50% of the Region's population, would have to pass resolutions supporting the change for St. Catharines. Pros: • would improve communication and coordination between upper-tier and lower- tier municipalities. • would nominally reduce the number of politicians. • other jurisdictions in Ontario, such as Durham, York, Peel, Halton and Muskoka, have double-direct representatives. • arguably, double-direct was supported by the City of St. Catharines' governance review. 4 CD-2015-09 October 29, 2015 Cons: • it creates two classes of representation. • the Heads of Council already provide communication between the two levels of municipal government. • the double-direct representatives would likely become full-time, which could eliminate potential candidates who could not dedicate the time or would not give up their existing employment to run for municipal office. • full-time politicians often require support staff, so any cost savings by eliminating politicians may be off-set in other areas. • The lower-tier and upper-tier issues may come into conflict, therefore, who is the double-direct representative serving? It will be interesting to see what the Ministry says on the St. Catharines proposal. Will one lower-tier municipality be able to have a different governance model than all other municipalities, at Regional Council or will the Ministry indicate that all lower-tiers would have to follow suit. It is premature for staff to make a recommendation until the Ministry comments on the parameters for the implementation of double direct representatives. Direct Election of the Regional Chair When Council made the motion at the September 15th meeting, the Region was set to debate the merits of a directly elected Regional Chair. Subsequently, Regional Council decided not to pursue a directly elected chair. Under the current system, Regional Councillors are elected to the upper-tier and then elect one of their own to serve as the Chair (indirect election method). Other Regions in Ontario, such as Halton, Waterloo and Durham, have a direct election of the Regional Chair (i.e., candidates file to be the Regional Chair during the municipal election). Pros: • There is a view that the Regional Chair has more legitimacy if elected directly by the electorate, as opposed to being selected by his or her fellow Councillors. • a directly elected Regional Chair may have a greater profile and recognition by the general public. Cons: • not many local politicians are known across the entire Region. • a candidate for direct election to Regional Chair would have to spend a great deal of money on a campaign to make herself of himself known across the entire Region. • there is a belief that candidates from the larger municipalities will have an advantage based on parochialism. Under the current system, the Regional Chair has been selected from various municipalities, regardless of population. 5 CD-2015-09 October 29, 2015 With this issue apparently dead to the Regional level, it appears that the Regional Chair will continue to be elected by the elected members. Triple Majority A number of municipal Mayors have made a concerted effort to petition the Ministry on the method of governance change. At the lower-tier, as per the Municipal Act, the Council can make changes to Council composition and electoral system, subject to the passing of a by-law and a possible appeal to the Ontario Municipal Board. Similarly, residents can petition for such changes to the lower-tier electoral system. For upper-tier municipalities, any change to Council composition or method of election has to be approved by the triple-majority system (a majority at Regional Council, and a majority of approval of the lower-tier municipalities, making up the majority of the population within the Region). Achieving the triple majority on electoral changes has proven to be very difficult for most Regions. As noted by the effort by the various Mayors: The "triple majority" provision does not provide a fair, accessible or accountable solution for impacted municipalities or their electors. The current process has resulted in situations throughout Ontario where over-represented municipalities are able to impede changes that would provide fair representation across the upper-tier municipality. In most Regions, the size of the municipalities is often disparate, with smaller municipalities having a disproportionate influence. On the other hand, the triple majority ensures that the will of the bigger municipalities does not always trump the will of other municipalities, solely based on population size. The contingent of Mayors is also proposing that amendments to the Municipal Act to ensure "regular" governance reviews, at least every twelve (12) years. Staff's concern is that such reviews may encourage "change for change's sake". Also, this Council expressed an interest at continuing to have a say in the issue of direct election of the Regional Chair, which would seem to support the triple majority process, in which the lower-tier municipalities would have to pass a resolution prior to any changes. In 2007, the Council of the day expressed the same wish that the triple majority process be followed on whether to directly elect the Regional Chair. Legislative Reviews The Province has been engaged over the last six months consulting on various pieces of legislation that have bearing on municipalities: the Municipal Elections Act (MEA), the Municipal Act, the Municipal Conflict of Interest Act and the City of Toronto Act. The various professional associations (AMO, AMCTO, MFOA) have either provided comments or will be prior to the end of October. 6 CD-2015-09 October 29, 2015 Staff is of the opinion that the municipality is well-served by the comments forward by AMO, especially related to changes to the Municipal Conflict of Interest Act. AMD's four desired outcomes: • Any municipal accountability framework shall recognize that municipal governments are mature, responsible, and accountable levels of government. The provincial government has recognized municipalities, both generally and specifically, as responsible governments and, as such, any changes should not undermine this position. • Any municipal accountability framework should be straightforward and it should be easily understood by elected officials and the public. In other words, it should not be complex or legalistic. Additionally, any changes to the framework must not expose staff and municipal governments to increased liability. • Elected officials should have access to a person who is able to provide them with advice on potential conflicts of interest and they should be able to rely on that advice. Certainty and affordability are key values in any process, including conflicts of interest. • An accountability framework should have safeguards to prevent and to address frivolous and vexatious complaints. Without these safeguards, it could be misused for political and other ends. A full copy of AMO's submission can be found on the organization's website. FINANCIAL/STAFFING/LEGAL IMPLICATIONS For the various governance issues, there is either a prescribed legislative method of making changes or the Province will have to amend the existing legislation. As indicated, the Province is reviewing the Municipal Elections Act (MEA), the Municipal Act, the Municipal Conflict of Interest Act and the City of Toronto Act. CITY'S STRATEGIC COMMITMENT Ensuring governance structures are appropriate and effective. LIST OF ATTACHMENTS • AMCTO Submission on the Municipal Elections Act (Executive Summary) • MMAH Info on Ranked Ballots • Niagara Area Clerks Submission on the Municipal Elections Act • City of St. Catharines Report on Double Direct Councillor Role • CD-200702, Direct Election of the Regional Chair • Brock University Policy Brief on Representation on Municipal Councils (2011) • CD-2003-10, Reshaping the Council of Regional Niagara • Need for Fair and Effective Representation Submission 7 CD-2015-09 October 29, 2015 • AMO Policy Update on MMAH Legislative Review J Recommended by: Pi Dean lorfida, Cjiy Clerk f r Respectfully submitted: Ken Todd, Chief Administrative Officer \ MCTO SUBMISSION on the tAUNICIPAL ,....,:„:.: , , : .,„. „,,,, , , , :,---,; , I nom- ' f ' i $ 'lit ti 1: f ,,:,4' '1.:'''',1::::-'.'1.,?,.0:!:1,4;1:3Z.:41:::",,..',:.1 , ,(,',4E, ,. , 4 4,1,(4;;--'; ';'!47'- •,t 'i cy,t .,„ , .t- K .rn 't _ , ", tel 3 , fttl‘'''f,-'''''',t,''''' ',,-. ' ,,� N. v4LS�r + `Y .MTM ''',,,',,,,',...„1.,,..,,,_. "'.srvx r.. I. � d wv, t 'fiE 4� ', .. 4 „:',4:!.t.:`,,''.:',',,;',:".:' � e x t ,-. 1-.- - ,,...i,-1.,., -4,1-*.,,,,,,..&,e.,s,ii. ,” ".. iilli 1.1...- • . .- •- .,• , ei,,, . ,dit alkilikk . . . : ,, t ., N OAR �t ;.„ T ;.. . AMCTC INTRODUCTION Since the last round of changes to Ontario's Municipal Elections Act(MEA). 1996, local government elections in Ontario have undergone a significant period of transition. Though changes have occurred on multiple fronts, the overwhelming shift has been towards greater modernization. The use of technology has expanded at a rapid rate, and new voting methods have moved from the periphery to the core. These changes have all taken place alongside the rise of a technologically-enabled economy, an increasingly digitally-literate electorate, and in an era where information is traded instantaneously through a variety of digital media platforms. Yet, despite these broader changes to society and the expansion of new elections technology and Internet voting, the majority of the MEA is still written for elections that use paper ballots in traditional brick and mortar polling places. The result, is a growing modernization gap between the way that elections are envisioned in the MEA, and the way they are increasingly administered in practice. The occasion of this legislative review provides an excellent opportunity to breathe new life into the MEA, and transform it into a modern piece of legislation that truly reflects the way that municipal elections are administered in 2015. However, while closing the modernization gap is one of the key opportunities offered by this review, it is not the only one. There are additional issues' that have built up over time and become barriers to effective election administration. Some are systemic problems, like the poor quality of the voters' list, while others are tied specifically to existing gaps, ambiguity, or impediments, currently contained within the Act. This submission is organized around the themes of modernization and clarity. It contains a series of recommendations that are designed to improve the administration of elections by providing greater clarity and consistency to the MEA, and narrowing the modernization gap. Its recommendations are the result of a thorough review conducted by an advisory group of Municipal Clerks, with experience conducting elections across all regions of Ontario. It is grounded in the commitment to ensure that elections at the municipal level are fair, free and accessible for everyone who seeks to participate. ger: Recommendation 1 : Amend the Municipal Elections Act to allow candidates to file financial forms electronically (Without passing a by-law) 1 See Appendix B for a list of additional "housekeeping" recommendations. AMCTO MEA Submission 4 Recommendation 2: Remove the requirement for original signatures for everything except for filing a nomination (Form 1) and/or appointing a proxy (Form 3)2 Recommendation 3: Remove the requirement for documents to be delivered by registered mail Recommendation 4: Remove the "voting place" wording in s.48 (1), so that the provision also applies to voting that takes place outside an established polling location Recommendation 5: Clarify the role of scrutineers where unsupervised or remote voting is in place, and establish a minimum age Recommendation 6: Create a new requirement within the Act for municipalities to develop an election accessibility plan Recommendation 7: Remove the requirement for election-related accessibility reporting to go to Council after the election, and instead allow it to be proactively posted to an accessible web page Recommendation 8: Shorten municipal elections, and do not allow candidates to file their nomination form until June 1St of the election year Recommendation 9: Work with the Ministry of Education to mandate Election Day as a province-wide professional development day for municipal and school-board elections Recommendation 10: Provide candidates the authority to determine what payment methods will be accepted for contributions to their campaign Recommendation 11: Clarify the rules and establish clearer procedures for municipalities to deal with third party advertising Recommendation 12: Give municipalities the option to limit or prohibit corporate and union donations Recommendation 13: Consider a nominal increase to the candidate nomination fee, and make it nonrefundable Recommendation 14: Include the principles of the Act, as outlined in DiBiase v Vaughan (City), 2007, in the MEA Recommendation 15: Clarify the conflicting authority of Council versus staff with respect to election administration Recommendation 16: Provide the Clerk authority to determine the vote casting and counting method in their municipality Recommendation 17: Clarify Council's role in creating compliance audit committees, so that it is responsible for establishing the committee but not appointing its members 2 This recommendation may also require amendments to the Electronic Commerce Act AMCTO MEA Submission 5 Recommendation 18: Give the Clerk discretion to extend voting hours and provide special voting occasions on Election Day or for advance voting Recommendation 19: Extend the Clerk's discretion throughout the election period under s.22 so that hearings are no longer required to remove a name from the voters' list Recommendation 20: Create a new section dedicated to Question/ By-law Registrants, clearly defining the rules, who must register. and a process for noncompliance Recommendation 21: Establish rules for finalizing financial statements and auditors' reports (Form 4), and clarify if a candidate is allowed to makes changes before the filing deadline Recommendation 22: Review the penalties and oversight contained in the Act, and consider a range of potential penalties, so that the severity of each punishment matches the nature of each offence Recommendation 23: Clarify the role of the Clerk when it comes to enforcement ,4 note othe vto list: This submission does not include recommendations for reforming the voters' list (outside of minor adjustments to s.22). An accurate list of electors is a foundational element of any successful election, and yet currently one of the biggest barriers faced by election administrators. In the last few municipal elections in Ontario, the voters' list was plagued by inaccuracies, and despite promises of reform, has remained a thorn in the side of election administrators across the province. AMCTO believes that there are serious structural issues with the way that the voters' list is created in Ontario, and has called for a new approach to creating the list. For more on AMCTO's position, read our 2015 position paper Time to Fix the Voters'List. AMCTO MEA Submission 6 10/20/2015 Ranked Ballots Ministry of Municipal Affairs and Housing 17 Ontario ABOUT NEWSROOM JOB OPPORTUNITIES CONTACT US You are here > Ho,^`ie > > > \L-1: > > Ranked Ballots Ranked Ballots Ontario has committed to providing municipalities with the option of using ranked ballots in future elections, starting in 2018, as an alternative to the current system. Ranked ballots allow a voter to rank candidates in order of preference --first choice, second choice, third choice, etc. -- instead of just voting for one candidate. See an example of a ranked bai_ election here. There are different degrees to which ranked ballots could be used. For example, some municipalities in other countries use ranked ballots for all of council. Some other municipalities use ranked ballots for only the mayor or head of council while the rest of council is elected using a first past the post system. Please note that ranked ballots are not being considered for school boards. If a municipality decided to use ranked ballots to elect council positions, voters would still use the current voting method to vote for school board trustee. Municipal Choice Municipalities already have a lot of flexibility in the way they run their elections. Introducing ranked ballots as an option for municipalities would add to the range of options available to decide how we elect local representatives. Every municipality must have a council of at least five members, but municipalities may decide to have more than five members. Municipalities can also make decisions about how to structure their council. For example, many municipalities divide their territory into wards (often determined by population) and each ward elects one or more representatives to council. Some municipalities do not use wards and choose to elect their entire council at-large. Others use a combination of wards and at-large representatives. Municipalities also have a number of choices in the way voting works. Municipalities can make decisions on how voters cast their ballots. By default, Ontario voters vote in municipal elections in person at their voting place. However, the Municipal Elections Act allows municipalities to decide to use alternative voting methods to cast ballots and many municipalities have decided to do so. For example, in many municipalities, voters may have the option of voting online, by mail or via telephone. Why Ranked Ballots? http://www.mah.gov.on.ca/Page11120.aspx 1/3 10/20/2015 Ranked Ballots Ranked ballots have the potential to give voters a greater say in who is elected and increase voter engagement. As an example of how ranked ballots work, let's assume you voted for three candidates, you marked a "1" next to your first choice candidate's name, a "2" next to your second choice, and a "3" next to your third choice. If your first choice candidate is eliminated, ranked ballots take into account the next choices on your ballot. This helps to ensure that the winning candidate(s) receive support from a majority of voters more often. By giving voters more choice, ranked ballots may also: • reduce strategic voting, which may occur when a voter decides not to pick their first choice candidate in an election because they think their first choice candidate may not win the election • reduce negative campaigning — since voters can rank multiple candidates, there is an incentive for candidates to appeal to voters not just as a first preference vote, but also to gain a high ranking from supporters of other candidates • encourage more candidates to remain in the race until voting day, since the threat of "splitting the vote" between like-minded candidates is reduced There are two kinds of elections that are used in Ontario municipalities: single-member elections and multi-member elections. Single-member elections are elections where only one candidate will win, such as: • Elections for mayor • A ward election where one person will be elected to represent the ward Multi-member elections are elections where more than one candidate will win a seat, such as: • When council members are elected at large • A ward election where two or more people will be elected to represent the ward In a ranked ballot election, there may be multiple rounds of counting before a candidate is declared the winner. Single-member ranked ballot elections use a system called Ranked Choice Voting (RCV). Multi- member ranked ballot elections use a system called Single Transferrable Vote (STV). An example of a ranked ballot election Follow a ballot and learn what happens in a single-member and multi-member r a u.e taH t Counting Votes in a Ranked Ballot Election Learn about ranked ballot elections, including how votes are counted r elections. Frequently Asked Questions See answers to some f-er gently a'sk s: r es'_;+ ns about ranked ballots. Changing the voting system is a big decision for a municipality and its residents. There are a number of ways municipalities can consult their residents about council decisions. http://www.mah.gov.on.ca/Page11120.aspx 213 C0n'I m tntJ 'sr N NI11111.1 a,ra ffreQ C l-,fcc S Campaign Finances • Simpler format for the Form 4, can this form be set up similar to on-line tax forms? • Consider allowing the use of Pay-pal and debit for campaign expenses • A more graduated system for penalties • Financial Statements should be accepted until the close of business hours on March 27, not 2:00 p.m. Third party advertising • Prohibit third party advertising Accessibility • Government funding (provincial) for assistance to lease/own voting equipment for special needs, these tabulators are very expensive • The use of schools for elections should be continued, however, the province should mandate that the Boards schedule a PA day on election day and that the schools ensure there are maintenance staff available for the day at the site Enforcement • Consideration be given to a `menu' of penalties (ie: for use of corporate resources for election purposes) and who enforces • Province investigate the idea of municipal elections be run by the Province • Provincial authority in place to deal with issues of enforcement during the campaigns, the municipalities struggle with this Ranked Ballots • The province should pilot Other issues: • Voters' list is always an issue with the municipalities, consideration should be given to a list that can be used by the federal, provincial and municipal governments • Consideration should be given to shorten the nomination period to either 5 or 6 months • Restrict candidates who run in wards to run in their own ward, not across the municipality • New Councils should be sworn in earlier • Clearer definition of resident/tenant for candidacy and for voting C8313 Legal and Clerks Services Office of the City Clerk Phone 905.688.5600 ,,F PO Box 3012, 50 Church Street Fax: 905.682.3631 S t `�`° ` ? St. Catharines, ON L2R 7C2 TTY: 905.688.4TTY (4889) July 7, 2015 Ralph Walton, Regional Clerk Region of Niagara Sent electronically via email 2201 St. David's Road, Box 1042 ralph walton()niagararegion.ca Thorold ON L2V 4T7 Re: Double Direct Councillor Role - City of St. Catharines Our File: 10.12.99 Please be advised that Council, at its Regular Meeting held Monday, July 6, 2015, passed the following motion with respect to Double Direct Councillor Role for City of St. Catharines: "That Council request that the Region of Niagara apply to the Ministry of Municipal Affairs and Housing to allow the City of St. Catharines to change its method of electing City and Regional Councillors to the "Double-Direct Method" as outlined in December 2nd, 2013 report, where six members of Council will serve on both Regional and City Council, while six members of Council would serve only on City Council, all to be elected on a ward system basis; and That, if the Region agrees to make this request, total compensation of the new "double-duty" Councillors will be equal to the combined compensation a Councillor would receive as a City of St. Catharines Councillor and as a Regional Councillor; and That, should the request not receive required Regional and/or Provincial approvals, staff recommend specific changes that would improve communication and efficiency under the present system." Trusting this is satisfactory for your information. Thank you and please do not hesitate to contact me should you have any questions or concerns. (l r Y r r /V/ r r r L: Bonnie Nistico-Dunk, City Clerk cc N. Auty, City Solicitor I TY OF 5 . \z°I Corporate Report Report from Legal and Clerks Services, Office of the City Clerk Date of Report: June 2, 2015 Date of Meeting: July 6, 2015 Report Number: LCS-138-2015 File: 10.12.99 Subject: Double Direct Councillor Role - City of St. Catharines Recommendation The following recommendation was moved by Councillor Siscoe, however, referred for further information on January 26, 2015: That Council request that the Region of Niagara apply to the Ministry of Municipal Affairs and Housing to allow the City of St. Catharines to change its method of electing City and Regional Councillors to the "Double-Direct Method" as outlined in December 2nd, 2013 report, where six members of Council will serve on both Regional and City Council, while six members of Council would serve only on City Council, all to be elected on a ward system basis; and That if the Region agrees to make this request, that a citizen task force be established to discuss and decide upon the issues related to compensation of these new 'double- duty' Councillors. FORTHWITH Summary This report provides information as it relates to the City of St. Catharines (the City) 2013 work on governance. As well, it contains very specific information on the double direct councillor, implementation and next steps if Council chooses to ask the Region to support this new model of Councillor. Background On January 26, 2015, Council voted unanimously to fill a vacant seat at the Regional Municipality of Niagara by choosing the next runner up, Mr. Kelly Edgar. Following this decision, the following motion was put on the floor by Councillor Siscoe. That Council request that the Region of Niagara apply to the Ministry of Municipal Affairs and Housing to allow the City of St. Catharines to change its method of electing City and Regional Councillors to the "Double-Direct Method"as outlined in December 2nd, 2013 report, where six members of Council will serve on both Regional and City Council, while six members of Council would serve only on City Council, all to be elected on a ward system basis; and Report Page 1 of 4 That if the Region agrees to make this request, that a citizen task force be established to discuss and decide upon the issues related to compensation of these new 'double- duty' Councillors. FORTHWITH During the debate, a referral motion was put on the floor by Councillor Stevens. That Council refer the double direct method motion to staff for a report to clarify the details of the model of double direct councillor representation. The motion passed. Following the motion, there was additional specific direction from Council that included: 1) a clear definition of the double direct councillor; 2) public consultation; 3) the cost for the dual direct model; 4) an implementation plan; and 5) seek input from the Region. Report 1) Definition of Double Direct Councillor These councillors are elected to sit on both regional and local municipalities' councils. The 2013 Governance Committee recommendation proposed a model that would have six councillors be directly elected to the municipality and ward, while six councillors would be elected as double direct councillors. 2) Public Consultation On July 8, 2013, City Council received Report Number EDCS-186-2013 entitled Report from the City of St. Catharines— Governance Committee (Appendix 1 and the attachments). Within the report was a resolution asking City Council to consider changing its method of electing City and Regional Councillors to the `Double Direct method'. The proposed structure was that six Councillors would serve both lower and upper tiers, and six councillors would serve only the lower tier. This request would then be sent to the Region who would forward it to the Ministry of Municipal Affairs and Housing for their consideration. As well, the committee requested that Council consider establishing a citizen's committee to decide upon issues related to payment of the new `Double Direct' Councillor. At that time, Council sent the report back to the Governance Committee: "That Council refer the report to two public consultations to be held July 15, 2013, and August 8, 2013; and That the report come back after those meetings to the meeting of Council August 12, 2013, before AMO; and That the summaries of the two public consultations be forwarded to the members of Council." Further, Councillor Elliott proposed that a further amendment be considered: "That staff be directed to hold an additional public consultation for governance in September 2013." Report Page 2 of 4 All of the above amendments were carried out by staff and the Governance Committee. On December 2, 2013, the final report of the Governance Committee came back to Council. EDCS-377-2013 Governance — Final Report (Appendix 2), reported the results of all of the public consultation. The public consultation consisted of an on-line survey, and three public meetings. Appendix 2 goes into detail with respect to the public commentary as it relates to governance in general. Although this report deals only with the Double Direct Councillor, it is timely that all of Council reviews the work of this past committee. On January 26, 2015, Councillor Stevens asked staff to hold public meetings on the subject of Double Direct councillors. Given the past committee did hold several meetings and collected data from an on-line survey, staff is recommending an on-line call in format of public consultation, similar to the one held with respect to the 2015 Operating Budget, if additional input is a priority. This is an unbudgeted expenditure therefore staff will need Council's direction to proceed. 3) The Cost for the Double Direct Councillor The actual cost for a Councillor who would sit on Council at both the local and regional Council varies. There is no single model for Council to follow in this matter. The Governance Committee asked that a Citizen Committee be struck to review the issue of compensation for these Councillors. The specific part of the motion that Council moved to the Region stated: That if the Region agrees to make this request, that a citizen task force be established to discuss and decide upon the issues related to compensation of these new 'double- duty' Councillors. Some recent research was done with respect to compensation, and it is noted that, for the most part, Councillors were paid by both the region and the local municipality. Therefore, the actual cost varies and is dependent upon what each pay. In most cases, each municipality and region differed. Municipalities also varied on the support staff and benefit packages that were provided. Should the City of St. Catharines adopt this model, the City's portion would be $19,384 per annum; the Region's portion would be approximately $29,000, for a total of$48,400. The discretionary cost would include the provision of support services and benefits for these Councillors. Report Page 3 of 4 4) An Implementation Plan Rules for changes to Council composition are found in the Municipal Act. They apply to upper-tier and lower-tier municipalities. Upper-tier municipalities have a fairly broad flexibility to design Council composition, subject to certain rules. For example, there has to be a minimum of five members and one of those has to be the head of Couneil. The power to change Council composition includes the ability to change the size of Council and change the method of selecting members, including direct election to the upper-tier, serving on both the lower and upper tier Council or having members elected to the lower tier and appointed to the upper-tier or a combination of methods of election. The process for going about changing begins with the upper-tier Council adopting a resolution requesting the Minister of Municipal Affairs to authorize by regulation the process to begin. The process undertaken by the upper tier, once the Minister's regulation is made, begins with the municipality giving notice of its intent to pass a by-law to change its composition and then holding at least one public meeting. Any changes require a majority of all the votes at the upper-tier to be in favour of the change; a majority of the lower-tier Councils forming the upper tier passing resolutions consenting to the change; and the total number of electors of the lower tier municipalities forming a majority of all the electors of the upper-tier (a triple majority). 5) Regional input Staff met with the Regional Clerk to verify the above noted process and was assured that this is correct and there was no new information to share at this time. Conclusion Staff is providing the information contained in this report and its attachments you're your information. Should Council direct staff to proceed with the process to seek Regional approval, staff will proceed with notification of intent to the Regional Clerk for Regional Council. Prepared by: Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services Submitted & Approved by: Nicole Auty, City Solicitor, Director Legal and Clerks Services Report Page 4 of 4 Januar/22, 2007 CD-2007-02 Niagaraj1alls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario T =epo d eien;ao,Sea;ged amended by City Council Members: Re: CD-2007-02 Direct Election of the Regional Chair RECOMMENDATION: For the information of Council. That the City write to the Province and MPP indicating that a decision on election of Regional Chair should follow the triple majority BACKGROUND: process under the Municipal Act. At the December 11, 2006 meeting, Council passed a motion asking staff to prepare a report outlining the pros and cons of having the Chair of the Regional Municipality of Niagara elected at-large. The issue arose as a result of a recent Private Member's Bill sponsored by Erie-Lincoln M.P.P., Tim Hudak. There are six (6) Regional municipalities in Ontario: Durham, Halton, Niagara, Peel, Waterloo and York. Of the six,two Regions, Halton and Waterloo, have direct election for their Regional Chair. In the other four Regions, the chair is not elected at-large but is first elected to Regional Council from a smaller lower-tier constituency before being selected by his or her peers on Regional Council. The Chair of Regional Council is elected within its own ranks. It should be noted that there has been discussion in Durham of direct election for their Regional Chair, with a number of lower-tier municipalities having a referendum question on their most recent municipal election ballot. In preparing for this report,the writer found a 1987 Municipal World article entitled "Should the Metro Chairman be Directly Elected?". Most of the same arguments, for and against, still apply regarding direct election of the Chair of an upper-tier municipality. The biggest argument for the direct election of a Regional Chair, and against the election from within or indirect election method of selecting the Regional Chair, is that the Chair cannot be held directly accountable by the electorate of the Region. With the indirect election, a candidate has run for a Regional Council seat in their lower-tier municipality only. They have not contested a seat Region-wide. In the current Niagara Regio ample,the electors of the eleven municipalities,other than St. Catharines, have no - °opportunity to vote on the suitability of Peter Partington as a candidate, let - . the Regional Chair. -- Working Together to Serve Our Community Corporate Services Department Clerks 4310 Queen Street,PO.Box 1023,Niagara Falls,ON,Canada L2E 6X5 905 356-7521 www.niagarafalls.ca January 22, 2007 -2 - CD-2007-02 As a result, many view the indirect method of selecting a Regional Chair as undemocratic. In the Niagara Region thirty people(albeit,thirty duly elected people) make a decision that affects over 400,000 Niagara residents. The biggest argument against electing a Regional Chair at-large is the enormous expense of a Region-wide campaign. Using the election expense formula in the Municipal Elections Act, a candidate for a directly elected Regional Chair would be able to raise between $250,000 to$300,000 for their campaign. It is argued that the field of credible candidates becomes more restricted the more expensive the campaign. Only the most wealthy candidates would be able to raise sufficient funds to contest for the seat. Also, in a Regional Municipality with lower-tier municipalities of varying sizes, it is argued that it would be more difficult for a candidate from a smaller municipality to have the profile or financial backing to wage a credible campaign as that of a candidate in one of the larger municipalities. Despite the inherent logic in this argument, M.P.P. Hudak trumpets the fact that the Chair of Waterloo Region, Ken Seiling, is from the small community of Elmira (Woolwich). What Mr. Hudak fails to mention is that Mr. Seiling had been the Chair of Waterloo Region since 1985. He had established a profile well before direct election of the position took place. One of the benefits of the current method of choosing a Chair from within the ranks at Niagara Region has been an almost unwritten rule to rotate the chairmanship from around the Region; therefore, the Regional Chairs have been from various municipalities in the Region and there has been a trend to appoint a Chair from a smaller municipality after there has been a Chair from one of the larger municipalities. It is doubtful to say whether such a "rotation" would have taken place if the Chairs had been directly elected. One argument against the election from within the ranks method is that it is perceived to lead to divided loyalties. The candidate has contested the election to represent the interests of the lower-tier municipality, then when elected as chair, the councillor has to think in terms of the best interest of the entire Region. Unfortunately, there also still seems to be a lack of recognition or apathy toward Regional government. If the general public lacks an understanding of what Regional government does or who the players are, will they make an informed decision as to whom the Chair should be? On the other hand, directly elected Regional Chairs may enable the electorate to be more educated about the upper-tier level of municipal government. CONCLUSION: The pros and cons of direct election or election from within the ranks for Regional Chair have been outlined. Short of the Lieutenant Governor in Council making a regulation for the direct election of the Regional Chair, in Niagara the so-called triple majority would have to take place for a change to occur: V the majority of Regional Council would have to be in favour. ✓ the majority of the lower-tier municipal councils in Niagara would have to be in favour. ✓ the total number of electors in the lower-tier municipalities in favour would have to constitute more than 50% of the electors in the Region. January 22, 2007 -3 - CD-2007-02 Other than Mr. Hudak's Private Member's Bill, it is unknown whether there is a move afoot toward direct election of the Regional Chair in Niagara. If anything, there has been more discussion about certain lower-tier municipalities wanting to"leave"Regional government. 14111L Recommended by: De. - orfida City'Clerk Respectfully submitted: Jo acDonald, Chief Administrative Officer Policy Brief 10 Brock September 2011 University By Margaret Corbett 6t Doug Hagar Representation on Municipal Councils in Ontario >z 'S ryIfkl �$^ '` '+d1x'S' a�A "N 4.- _ �r k,%0.,--,,k,.... ,N� € ta R } k° �s , >F 4is There have been continuing discussions some of the pros and cons of different about the system of representation in the methods of selection of councillors and Region of Niagara. One criticism is that the chairs. area is `over-governed,' which usually is meant to suggest that there are too many The current system councillors for the 13 local governments in Regional councillors in Niagara currently the area. Another point of continuing come to office through a combination of discussion has to do with the method of indirect and direct election. The mayors of selection of the regional chair. The chair is the 12 area municipalities are indirectly currently selected by regional councillors at elected to regional council meaning that they the first meeting of each new council,while automatically become regional councillors the chairs of some other regions are directly by virtue of becoming mayor. The other 18 elected by the population. regional councillors are directly elected meaning that they run for the office of. This policy brief will present information regional councillor in their municipality, and about how other jurisdictions in Ontario serve only on regional council. The directly select upper tier councillors and the head of elected councillors all run on an at-large council. We will begin with a short basis in their municipality. discussion of the current method of selection of regional councillors in Niagara which will The regional chair is currently selected for a lead to a discussion of the roles of the four-year term by regional councillors at the regional chair and councillors. The next first meeting of council after the municipal section will review how heads of council election. According to the legislation, and councillors are chosen in other councillors are free to choose any qualified jurisdictions. The final section will consider elector in Niagara to be regional chair. The 1 Representation on Municipal Councils in Ontario practice in Niagara has been to choose a What happens in other places? directly elected councillor(not a mayor) to Table 1 shows the current practice for serve as regional chair,but this is a custom; selection of heads of council and councillors it is not enshrined in any legislation. in a number of jurisdictions. The county system was created in Ontario in 1849 when Role of the regional chair the current system of local government was The Ontario legislation provides a head of established by the Baldwin Act. Wardens, as council with relatively limited formal heads of county council are called, have authority, but wise heads of council can always been selected by county councillors exercise a great deal of influence much for a one-year term. This allows the largely beyond their legislative authority. The honorific office to be passed between chair's formal, legal authority is limited several councillors during one term of because all decisions are made by a majority council. of councillors; the chair has no independent authority to decide on policies,supervise When Ontario regions were created in the staff, or make expenditure decisions. In fact, 1970s,the first regional chairs were the chair only votes on matters before appointed by the province,but the system council to break a tie. going forward was meant to be like the county system in that the regional chairs However, the chair has a great deal of would be selected by councillors. However, informal influence. The chair presides over regional chairs were given more leadership council meetings, and is the only full-time ability than the wardens because regional regional councillor. He or she frequently chairs are selected for the full term of acts as the spokesperson for council in council. dealing with both local residents and provincial,national, and international Over time there has been a movement from authorities. While the chair has no more selection by councillors to popular election legal authority than any other councillor,the of regional chairs. The regions of Halton and chair does occupy a strategic position that Waterloo currently have an elected regional could allow her or him to exercise a chair, and Hamilton-Wentworth had this significant leadership role among peers. system before it was amalgamated into a However, at base,the chair's position is like single-tier system. In October 2010,electors any other position with more influence than in the Region of Durham voted to have their authority. It is what the incumbent of the regional chair elected at-large. This change position makes of it. will take place in the next regional election in 2014. In sum, it is important to understand what the regional chair is and is not. The regional However, in other regions such as Peel and chair in Niagara, like the head of council in York,councillors continue to select their all Ontario municipal jurisdictions, does not chairs at the first meeting of council. These wield a great deal of formal authority. regions differ from Niagara in that they have Ontario legislation vests formal authority not adopted the tradition of requiring that with the full council. However, it is very the chair be an elected member of council. important to have an effective head of In Peel, the current chair has served in the council because this person acts as the position for 20 years. He was first appointed spokesperson for the region and wields a to the position in 1991 after he was defeated great deal of informal influence both in the in a contest for mayor. He has not stood for council chamber and in the broader election since, but he has been re-appointed community. as chair at every opportunity. The situations in York and Durham are similar. 2 Representation on Municipal Councils in Ontario There are three options for the selection of ,;4 upper tier councillors.Indirect election isgra exemplified by the current situation of 1 �" mayors in Niagara; they are indirectly elected to regional council by virtue of being elected mayors of their municipalities. ;. Direct election is exemplified by the situation of the other 18 councillors in Niagara who are elected to serve on regional council and only on regional council. Double direct election is found in a number of other regions. How Niagara compares Niagara currently has the largest number of In the double direct system, candidates members of regional council and also the choose to run for seats that have been largest total number of councillors serving identified as serving on both the upper and on both upper and lower tiers in the sample lower tier councils. Mayors already do this, in Table I. This is in part because Niagara but in some regions,there are other council also has the largest number of constituent seats which are designated as double direct municipalities and one of the largest gaps in as well. These councillors tend to be full- size between the largest and smallest time councillors because of the time constituent municipalities. These facts are demands involved in serving on two strong drivers of the total number of councils and the accompanying committee councillors. First,the large number of lower and other commitments. Of course,they tier councillors is driven to a significant must also be paid as full-time councillors. extent by the number of municipalities. Second, the large number of regional There is a legal and ethical issue involved in councillors is driven by the need for serving on two councils. It is an important representation by population in a situation legal principle that a representative serving where there is a significant gap between the on a board of any organization must protect largest and smallest municipalities. If and advance the interests of that Wainfleet has one councillor, then other organization regardless of how the person municipalities need requisite numbers to obtained the position. Specifically, someone meet the concept of representation by elected to an area municipal council who population. In fact, the larger cities complain also serves on the regional council must that Niagara regional council falls far short always act in the best interest of the regional of full rep-by-pop. Proper rep-by-pop would council when he or she is dealing with require a council about twice as large as the regional matters. However,the person also existing council. has a responsibility to her or his area municipality. Mayors already must strive to While Niagara does have a relatively large balance this issue. Having double direct number of elected representatives,a members on council would mean that every consideration of how that number is built in member of regional council will be serving terms of number of municipalities suggests two masters with the accompanying ethical that it would be difficult to change that and practical dilemmas. number without a radically different way of viewing representation on councils. 3 Table 1: Elected Council Representatives for Two-tier Municipalities Upper tier Lower tiers Totals Municipality Number of councillors Population Direct election of chair Method of election Number of municipalities Number of councillors Population range Total number of councillors Population per councillor Niagara 31 427,421 No 1 chair 12 mayors 18 councillors (direct election) 12 Fort Erie — 6 Grimsby — 8 Lincoln — 8 Niagara Falls - 8 NOTL — 8 Pelham — 6 Port Colborne — 8 St. Catharines — 12 Thorold — 8 Wainfleet — 4 Welland — 12 West Lincoln — 6 Wainfleet 6,601 — St. Catharines 131,989 125 3,419 Durham 29 561,258 No (Yes in 2014) 1 chair 8 mayors 20 councillors (double direct) 8 Ajax — 6 Brock - 6 Clarington - 6 Oshawa — 10 Pickering - 6 Scugog - 7 Uxbridge - 6 Whitby — 7 Uxbridge 19,169 — Oshawa 141,590 62 9,053 York 21 892,712 No 1 chair 9 mayors 11 councillors (double direct) 9 Aurora — 8 East Gwilliambury — 4 Georgina - 6 King - 6 Markham - 12 Newmarket - 8 Richmondhill - 8 Vaughan - 8 Whitchurch-Stouffville -6 Markham- 309,144 King 23,641 76 11,746 Peel 25 1,159,405 No 1 chair 3 mayors 21 councillors (double direct) 3 Brampton - 10 Caledon - 8 Mississauga - 11 Caledon 57,000 Mississauga 673,000 35 33,126 4 Halton 21 439,256 Yes 1 chair 4 mayors 16 councillors (double direct) 4 Burlington — 6 Halton Hills - 6 Milton - 10 Oakville — 12 Halton Hills 55,289 Oakville 165,613 39 11,263 Waterloo 16 478,121 Yes 1 chair 7 mayors 8 councillors 7 Cambridge — 8 Kitchener - 10 Waterloo - 7 North Dumfries - 4 Wellesley - 4 Wilmot - 5 Woolwich — 4 North Dumfries 9,063 - Kitchener 204,668 58 8,243 Muskoka 23 57,563 No 1 District Chair 6 Mayors 16 District Councillors (double direct) 6 Bracebridge - 8 Gravenhurst - 8 Lake of Bays - 5 Georgian Bay - 5 Huntsville - 8 Muskoka Lakes - 9 Huntsville 18,280- Georgian bay 2,340 50 1,151 County of Essex 14 393,402 No I warden elected by 7 mayors 7 deputy mayors from each county's municipality 7 Amherstburg - 5 Essex - 5 Kingsville - 5 Lakeshore - 6 LaSalle - 5 Leamington - 5 Tecumseh - 5 Essex 20,032- Lakeshore 33,245 50 7,868 Bruce County 8 65,439 No 1 warden 8 mayors 8 Arran-Elderslie-6 Brockton- 6 Huron -Kinloss- 6 Kincardine- 7 Northern Bruce Peninsula — 4 Saugeen Shores- 8 South Bruce- 6 South Bruce Peninsula - 8 Northern Bruce Pennisula 3,522— Saugeen Shores 11,207 59 1,109 Oxford County 10 102,756 No 1 warden 8 mayors 2 councillors 8 Blandford -Blenheim- 4 East Zorra-Tavistock-6 Ingersoll -6 Norwich -4 South-West Oxford -6 Tillsonburg- 6 Woodstock- 6 Zorra-4 Southwest oxford 6,800 - Woodstock 34,000 50 2,055 All population information has bLen gathered from the 2006 Census 5 Representation on Municipal Councils in Ontario quickly. In most municipalities, the total cost of councillors—remuneration plus expenses—amounts to less than half of one per cent of total expenditure. There might be a number of good reasons for reducing the number of councillors; saving money is not one. These are the kinds of questions that should be discussed before we rush to consider solutions. However, if we do want to make Options for Niagara changes in the current situation,there are The first discussion that Niagara should some options open to us. have is: What problem needs to be solved? Too frequently the discussion of How should the chair be selected? representation has begun with a debate about The two options would seem to be direct solutions,without engaging in a simple election by the general electorate or the discussion of: What is the problem? Or even current situation of selection by regional is there a problem? The potential problem councillors. that has been identified by some commentators seems to have two parts—one There seems to be a trend in other regions of related to the regional chair, the other related moving toward direct election. This has the to councillors. obvious advantage of promoting direct democracy and giving the general electorate This discussion of what is the problem a voice in choosing the leader of the regional should lead to a consideration of questions council. It is sometimes suggested that this such as: Is our current number of municipal might result in an increase in voter turnout, representatives too large? Are there although experience in other jurisdictions identifiable problems in Niagara that would does not strongly support this. be solved if we had fewer councillors? We know that our numbers are larger than other However, there are certain factors particular jurisdictions. Does that mean that our to Niagara that need to be weighed. The numbers are too high?Or are other Niagara region is an agglomeration of jurisdictions' numbers too low? Are there several large and small urban areas with factors about Niagara that explain why our some significant rural areas mixed in. Not numbers are larger than those of other many local politicians are known across the jurisdictions? entire area. A candidate for direct election to regional chair would have to spend a great One of the consequences of having a deal of money on a campaign to make relatively large number of councillors is that herself of himself known across the entire Niagara also has one of the lowest ratios of area. Either the person would need to be population to councillors. This means that wealthy or have the ability to raise residents of Niagara can have easier access significant amounts of money. In the latter to their councillors and a greater relative case,there is a risk that the candidate will voice in electing councillors. A reduction in become beholding to fund-raisers. the number of councillors will increase the ratio of population to councillors. Is that The diversity of the region would also give a desirable? decided advantage to someone from one of the larger cities. He or she would start with One consideration in selecting an optimum the advantage of already being known to a number of councillors should be disposed of significant portion of the electorate. 6 Representation on Municipal Councils in Ontario Conversely,candidates from smaller would require a significant re-thinking of municipalities would be fighting an uphill how council currently operates. battle. Weighted voting While direct election has some obvious Some Ontario counties operate on the basis attractions, it is not clear that there would be of weighted voting. In those counties, every a level playing field for direct election in constituent municipality has either one or Niagara. two representatives on council depending on the size of the municipality,but some of the Another advantage to selection of the chair representatives have more votes on council by councillors is that the chair will have the matters than others.For example, a confidence and support of a majority of representative from the smallest councillors, at least on the day on which he municipality might have one vote, while a or she is selected, similar to a prime minister representative from a municipality which is or provincial premier. Popular election much larger might have four votes. might mean that the views of the elected chair could be considerably out of line with This allows for a close approximation to the the legislative body which he or she is rep-by-pop principle on voting without chairing. This could result in four years of requiring a large number of bodies around stalemate. the table. If we decide to continue with the process of While the mathematics of this works very councillors selecting the chair,then there well, it can result in the marginalization of could be some consideration of alternative some members of council who will have methods of selection.Niagara is the only one-fourth of the weight of other members. region with the custom of requiring the chair to have been elected to council. Other Double direct regions have functioned very well with a The 18 local councillors who are currently different tradition. Should Niagara re- directly elected could be switched to double consider its current custom? direct meaning that they would serve on both local and regional councils. This Reduction in the size of regional council doubling up of duties could reduce the total It is sometimes suggested that the 31- number of councillors in Niagara by 18. member regional council is too large for However, on closer examination,that might effective debate. In fact, it is generally be an optimistic estimate. For example, the recognized that much real council business numbers happen to fall into place nicely in is done in committees precisely because of St. Catharines which currently elects six the large size of the full council. regional councillors and has six wards. One council seat in each ward could be As long as Niagara has a relatively large designated double direct and the numbers fit number of constituent municipalities and perfectly. It is more problematic in Fort Erie there is such a large difference between the which has six wards and elects one regional sizes of the smallest and largest constituent councillor. The numbers do not work the municipalities, it is difficult to see what can same way there. be done to reduce the size of council without doing even more damage to the rep-by-pop Assuming that a way could be found to elect principle which is already deemed all 18 councillors on a double direct basis(a unsatisfactory by the larger municipalities. very optimistic assumption),the total However,there are some possibilities which number of representatives in Niagara would 7 Representation on Municipal Councils in Ontario be reduced to 107—still by far the largest number in the table. Double direct election would also likely mean that those elected would be full-time councillors. This would have some rather small financial implications, but this would also have some implications on who could run for office. Employed people would probably have to give up their full-time employment to seek the uncertain status of elected office. People with significant family '"' obligations might feel that they could not take on a full-time commitment like this. Regional ward system `_ • Currently regional council seats are . allocated among municipalities in a manner that pays some respect to representation by population, although falls short of mathematical precision. A regional ward system would create a system of wards of equal population across the entire region. We could begin by deciding how many councillors we wanted to have,then set up wards accordingly. For example, a council could consist of 12 mayors and 12 councillors elected by wards of approximately 35,000 people in each. For copies of this policy brief and any other briefs produced by the Niagara The ward boundaries would not necessarily Community Observatory, please visit follow the existing municipal boundaries. our website ww s%.brocku.ca'nco This would eliminate the idea that a councillor represents a certain municipality which might be seen as either desirable or • undesirable. Where do we go from here? Most of the changes discussed above would require some change in provincial legislation. This change is not necessarily difficult to obtain if regional council is reasonably united on the change it wants. However, these changes always take time. The next municipal election is about three years away,but it is not too early to begin to discuss what changes we would like to see for the next election. 8 Corporate Services Department CD-2003-10 Clerk's Division Dean lorfida The City of 4310 Queen Street City Clerk Niagara Falls P.O. Box 1023 Canad Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca .411111111.1111.01 Tel.: (905)356-7521 Fax: (905) 356-7404 �., r ;, E-mail: diorfida@city.niagarafails.on.ea April 14,2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls,Ontario Members: Re: CD-2003-10 Reshaping the Council of Regional Niagara RECOMMENDATION: That Council endorse the following responses to questions posed by Councillor Brian McMullan, Chair of the Reshaping the Council of Regional Niagara Committee: a)Mayors continue to be members of Regional Council. b)Regional Councillors should not be directly elected from"Regional Wards". c)Regional Councillors should not be elected on the basis of representation by population,however, voting privileges should be weighted to reflect representation by population. d)Regional Council should be reduced to less than 30 members. Also, have the Reshaping the Council of Regional Niagara Committee study having councillors serve on both levels of municipal government. BACKGROUND: On the March 17, 2003 Council agenda, there was a communication from Councillor Brian McMullan, Chair of the Reshaping the Council of Regional Niagara Committee (see attached). Councillor McMullan requested input on four questions posed by mid-April. Despite the short time frame,Niagara Falls City Council voted to set up a committee to look at the four questions. Mayor Thomson, Alderman Ioannoni, Alderman Janvary-Pool, and Alderman Puttick agreed to meet and come back to Council with recommendations to the four posed questions. The Committee met on Friday,April 11,2003. Alderman Puttick was unable to attend. Discussion occurred on the four questions. Staffhas taken the Committee's comments and expanded on them. Working Together to Serve Our Community Clerks • Finance • Human Resources • information Systems • Legal • Planning&Development -2- CD-2003-10 Should Mayors continue to be members of Regional Council? Yes. Having mayors on Regional Council ensures that there is a flow of information between the two tiers of government. The mayors are able to apprize the lower-tier level of government on developments at the Region, while the mayors can protect the interests expressed at City Council when attending the meetings of the upper-tier level of government. Also,there is a strong possibility that every Regional Council meeting would see mayors appearing as deputations to ensure the interests of their municipality were being protected. Should Regional Councillors be directly elected from Regional wards? Obviously,the suggestion that councillors be elected from Regional wards,that cut across municipal boundaries, is being offered as a solution to parochialism, a criticism often leveled at Regional government. Having Regional wards,however,will not necessarily reduce perceived parochialism The representative of these proposed Regional wards would be looking after the interests of his or her ward and would not be necessarily more inclined to look at issues based on the greater good of the Region as a whole. Also,ideally a ward should encompass a"community of interest". It is doubtful that a ward that cuts across municipal boundaries would encompass a "community of interest". Although,municipal boundaries are somewhat arbitrary they do provide a frame of reference or identification. Finally,the electorate has little identification with the Region as it is now,setting up inter-municipal wards will diminish the electorate's connection to the Region even more. Should the election of Regional Councillors be based on representation by population? Representation by population has an inherent appeal,however,it is highly impractical when applied to the composition of Regional government. There are twelve municipalities in the Region with a total population of approximately 410,000 people. The municipalities vary in size from Wainfleet,which has approximately 6,000 people,up to St. Catharines which has 129,000. If Wainfleet was to have one representative and the"rep. by pop." was to be one representative per 6,000 people, the result would be a Regional Council of approximately 70 members,which would clearly be impractical and unmanageable. An alternative would be a smaller Regional Council in which there would be weighted voting based on "rep. by pop". For example, the larger municipalities would have extra votes based on population. Should the total number of members of Council be less than 30? Yes. There seems a desire on the part of the electorate to have less politicians. With the mayors represented on Regional Council, there would have to be at least 12 representatives. If the three larger municipalities,Welland,Niagara Falls and St.Catharines,were given an extra representative per 40,000 people,the Regional Council could be reduced to 18 representatives(St. Catharines-4, -3. CD-2003-10 Niagara Falls-3,Welland-2 and all others 1)and weighted voting could be incorporated to further reflect representation by population. With most of Regional Council being composed of mayors,it would make sense to further reduce the number of politicians by having the non-mayoral representatives come from the lower-tier Council;therefore,in the example given,two members of Niagara Falls City Council would also sit on the Region. CONCLUSION: The issues of governance and the reshaping of the upper-tier government have a long and checkered history in the Niagara Region. Many will remember the Berkeley Report from a few years ago. Unfortunately,whenever such an exercise is initiated there seems to be a lack of political will to see it through. Likewise, it is doubtful that the smaller municipalities in the Niagara Region would accept representation by population or weighted voting because their voice at Regional Council will be diminished. Nonetheless,it is in Niagara Falls'interest to provide input into the latest examination of these issues currently being undertaken by Councillor McMullan and his committee. Recommended by: Respectfully submitted:/ Fri Io da John MacDonald City Clerk Chief Administrative Officer Approved by: 6-v404/ T. Ravenda Executive Director of Corporate Services • cion.' 031110:15 OFFICE OF COUNCILLOR Bf IAN MGMULLAN The Regional Municipality of Niagara 2751 Fifth Street Louth,R.R.#1 t St.Catharines,Ontario L2R 6P7 1 , Telephone: 905-682-8457 Facsimile: 905-9374744 E-Mail Address: brian.mcmullan( reoionai.niaaara.on.ca March 6,2003 Mayor Wayne Thomson and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6k5 Attention: Mr. Dean Iodide. Clerk In the last quarter of 2002, Regional Council initiated a process to reshape Regional Council. The first phase of that process was to address a representation inequity for the Town of Pelham by creating one additional council position to represent the town. That action was supported by area municipal councils—through the triple majority provisions in the Municipal Act — in December of 2002, and will be implemented in the municipal elections to be conducted in November 2003. The second phase of the reshaping process was the creation of a council committee to address the long term adjustments to the composition of Regional Council. The Reshaping the Council of Regional Niagara Committee has met three times since its creation and is shaping its final report, which Regional Council has mandated to be delivered by June 2003, and that changes take effect for the 2006 Municipal Elections. As part of this process, we've been asked to survey municipalities to gauge the viewpoints of area councils. Accordingly, we would ask that your municipal council provide a comment on the following questions: a) Should Mayors continueto be members of Regional Council and b) Should Regional Councillors be directly elected from Regional wards; and c) Should the election of Regional Councillors be based on representation by population; and d) Should the total number of members of Council should be less than 30. PLANNING MEETING $ 7 1°63 - 2 - The Committee will meet next in early to mid-April and will consider the input of your Council at that time. Please address your comment to the attention of the Reshaping the Council of Regional Niagara Committee and send them to the Office of the Regional Clerk, 2201 St. David's Rd. W., Thorold, Ontario L2V 4T7. If you have any questions, please contact me at the number indicated above, or our Regional Clerk, Mr. Rod Hollick at extension 3217. Thank you for your co-operation. Yours truly. Brian McMullan, Chair Reshaping the Council of Regional Niagara Committee cc: Committee members 1 'r- is ``�'"' April 21, 2015 . The Honourable Kathleen Wynne, M.L.A. 4 !� Premier of the Province of Ontario t It Legislative Building, Queen's Park Toronto ON M7A 1A1 N. .: VIA E-MAIL: Kn,i,,ne.mpp .',-:,e-a 13 igtv Minister Ted McMeekin Ministry of Municipal Affairs and Housing n.• , 17th Floor, 777 Bay Street _rf � Toronto, Ontario M5G 2E5 '+14,,.,.00VIA E-MAIL tmcrneekin.mpp wiibe:ral.ola.org Re:The Need for Fair and Efficient Representation Dear Premier Wynne and Minister McMeekin; The composition of each of the six upper-tier councils in the regions of Peel, Durham, Niagara, York, Waterloo and Halton, reflects a serious imbalance of representation. For example, Brampton comprises just over 40% of Peel's regional population, but has only 28% representation on regional council. Caledon has less than 5% of the population, yet -J has 25% of Peel's votes.This type of disparity is evident throughout the Regions. The "_%'; Premier noted at our recent meeting that this is a systemic problem, so we are writing to both our Premier and our Minister. Unfortunately, at the upper tier region level, a triple majority must be achieved to correct the imbalances. A majority of regional Council members and a majority of the lower-tier councils (who represent a majority of the total electors) must support an ( NO upper-tier council recomposition proposal in order for it to be initiated.This triple .:_ majority requirement prevents fair, accessible or accountable solutions for negatively ----,:-...-.,•=•• impacted municipalities or their electors. Over-represented municipalities are able systematically to veto change.This problem can only be solved at the provincial level. pp We formally request a meeting with both the Premier and Minister to discuss this matter, and welcome the opportunity to open dialogue that will result in meaningful change. Regards, ti � ._ . ` '!i/71 MiWd�C V `'tel/ 5 lj ,All,s,10 -� Mayor Rob Burton Mayor Linda Jeffrey Mayor Maurizio Bevilacqua (( Town of Oakville City of Brampton City of Vaughan ``may Mayor Steve Parish Mayor Jim Diodati Mayor Doug Craig Town of Ajax City of Niagara Falls City of Cambridge Dean Iorfida From: Nicole Wellsbury <Nicole.Wellsbury@ajax.ca> Sent: Friday, October 09, 2015 10:55 AM To: 'Peter.fay@brampton.ca'; 'jeffrey.abrams@vaughan.ca'; 'diorfida@niagarafalls.ca'; 'dilullom@cambridge.ca'; 'vicki.tytaneck@oakville.ca'; 'clerks@whitby.ca' Cc: Lorraine Billings; Martin deRond; Leona Barrington; Steve Parish Subject: Town of Ajax Official Comments on Municipal Act & MCIA Review Attachments: Town of Ajax submission to province of Ontario re Municipal Legislation review.pdf Importance: High Good morning; Please find attached the Town of Ajax's official Council-approved submission to the Province of Ontario in regards to MMAH's Municipal Legislation Review.Among other things, the submission seeks changes to the Municipal Act that will remedy current deficiencies that can be used to impede the maintenance of fair representation on upper-tier councils. The Town respectfully requests that you consider incorporating similar recommendations into your municipality's official submission to the Municipal Act review. Kind regards, Nicole Wellsbury Manager of Legislative Services/Deputy Clerk Town of Ajax Tel: (905) 619-2529 ext. 3342 wwwajax.ca The information in this e-mail and in any attachments is confidential and intended solely for the attention and use of the named addressee(s).This information may be privileged,confidential or otherwise protected from disclosure.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are not authorized to and must not disclose,copy,distribute,or retain this message or any part of it.This e-mail was scanned for viruses and content. 1 Aia0 x of Town of Ajax Submission to MMAH regarding Municipal Legislation Review—Oct 10, 2015 { y the Lake Focus Area 1 — Accountability & Transparency Municipal Act • Sec 1:Add definition of"meeting": In the absence of a proper definition of what does and does not constitute a meeting of Council, municipalities are left with the highly contentious and questionable definition established by the former Ontario Ombudsman. The Act must define this term such that municipalities can be clear on how to uphold the Open Meeting and Notice provisions within the Act. • Sec 223.4(5): Increase menu of penalties available to Council for Code of Conduct violations:A broader suite of penalties should be available to Councils beyond the two currently within the Act,for example, removal of the member from a local Board or Committee. Municipal Conflict of Interest Act • The Act must contemplate non-pecuniary conflicts of interest: The Act needs to provide for conflicts of interest that are not strictly pecuniary. There are very real and significant conflicts of interest which arise that are not financial in nature but nonetheless ought to be declared, and Council/committee/board members are unsure if/how to declare them under the current legislation. • Sec 10(1): Expand/revise penalties section: There should be a broader suite of penalties available to the Courts under this Act(for example, suspension of remuneration, a fine, etc.). The penalties currently listed in the Act, especially the penalty of removal from office, should be applicable at the Court's discretion rather than mandatory. Generally, penalties should be better suited to the nature of the offense:serious enough to act as a deterrent but not so heavy- handed as to result in an absurd outcome that could overturn the will of the electorate for something that may only be a minor infraction. • Sec 10(2): Remove Saving provision for"Error in Judgment": This saving provision should be removed. 'Inadvertence'can reasonably be excused from time to time, but even the most deliberate and calculated failure to properly declare a conflict could be deemed an 'error in judgment', and it shouldn't be sufficient to excuse violation of the Act. Focus Area 2 — Municipal Financial Sustainability Municipal Act • Access to new revenue tools:The revenue tools afforded to the City of Toronto in the City of Toronto Act should be available to all municipalities under the Municipal Act. The revenue tools available to municipalities have not kept pace with the changing/increasing service needs of the community. The limitations of the Municipal Act and other legislation related to revenues keeps property tax as the main source of revenue for all municipalities which is insufficient. The growing needs of Ad *Town of Town of Ajax Submission to MMAH regarding Municipal Legislation Review—Oct 10, 2015 �y the Lake communities, expanded services, and legislated and reporting requirements increase the service needs and deliverables to communities and other stakeholders. Through the City of Toronto Act, the ability to impose taxes and other user fees beyond the property tax came into effect for the City of Toronto in 2007. Access to a mix of taxes and user fees would give municipalities the flexibility to respond to changes in the economy, demographics, expenditure needs, etc. allowing municipalities to choose those that best fit their community. • Enhance Development Charges: The current legislation restricts the use of development charges and often requires a statutory deduction of any development charge related project to be funded by the municipalities own revenues. Currently, a review of the legislation indicates there may be some relief in the area of transit, but other statutory deductions will likely remain in place. Ineligible services and current service level calculations are also impediments to funding growth. The following recommendations in regard to development charges were recently submitted by the Town of Ajax in response to Bill 73, "The Smart Growth for our Communities Act". o Eliminate all ineligible services (i.e. hospitals, administrative buildings, lands for parks, tourism facilities)so that all services are eligible for development charges. o All services should be fully recoverable and eliminate the mandatory 10 per cent reduction in eligible capital costs o Municipalities should be able to adopt forward looking service levels, define the basis for service levels and broad service categories. • Sales Tax: Municipalities should be both exempt from collection of HST and payment of HST. The waiving of HST for municipal governments would reduce both direct costs and administrative costs. • Grants: Fiscally responsible municipalities should not be disadvantaged in their ability to obtain government grants Limitations associated with infrastructure grants can create a disadvantage to fiscally sustainable municipalities and urban municipalities. Grant programs in general are often related to incremental services that put further pressures on municipalities to fund their portion and may delay other projects. Application deadlines and requirements with quick turn-arounds can also be a disadvantage. Focus Area 3 — Responsible and Flexible Municipal Government Municipal Act— Representation Reviews and Regional Government OMB Appeals vs Triple Majority Section 223 of the Municipal Act, 2001, provides electors in lower-tier and single-tier municipalities with the opportunity to petition their council to change the make-up of their wards. If the council does not pass a by-law in accordance with the petition within 90 days, electors who signed the petition may apply to the Ontario Municipal Board. The Board then hears the application and can make an order to change the composition of the council. AmaTown of Ajax Submission to MMAH regarding Municipal Legislation Review—Oct 10, 2015 xy the Lake However, this remedy is not available to electors in respect to upper-tier councils. Instead, a "triple majority" must be achieved, meaning a majority of Regional Council and a majority of the lower-tier councils (who represent a majority of the total electors) must support a proposal to change the composition of an upper-tier council in order for it to be permitted by Ministerial regulation. The inconsistency between how council composition is dealt with at a lower/single-tier municipality compared to an upper-tier municipality cannot continue. The "triple majority"provision does not provide a fair, accessible or accountable solution for impacted municipalities or their electors. The current process has resulted in situations throughout Ontario where over-represented municipalities are able to impede changes that would provide fair representation across the upper-tier municipality. Mandatory Composition Reviews Currently there is no requirement within the Municipal Act for when a municipality must undertake a review of its composition. Unlike the federal or provincial governments who undertake reviews every ten years, regional politicians(who have a clear vested interest in the outcome)are to use their own discretion as to when a review should take place. Creating a standard review period would create a process that would be transparent and dependable. Proposed Changes The Municipal Act must be strengthened to ensure all electors are afforded the same right to fair representation, and have mechanisms in place to hold their governments accountable in this respect. In order to do this, the "triple majority" process in the Municipal Act should not be a requirement to change the composition of a Regional Council, and the Act must require mandatory reviews for all municipalities on a regular basis. It is recommended that S. 218 and 219 of the Municipal Act,2001 be amended with the following: 1. That municipalities undertake substantive and fully public representation reviews at least once in every three terms of Council (12 years) and implement the changes required to maintain fair and effective representation;and, 2. This review period shall be deemed to commence on the date of the last regular election for which the composition of the upper-tier council was changed. For example, any upper-tier Council with a composition that is unchanged from the 2006 regular election must complete a representation review in time for any required changes to be implemented for the 2018 regular elections;and, 3. That these reviews and any proposals to either change or maintain the existing council composition may be appealed by any lower-tier municipality or elector of the municipality to the OMB and the Board may make an order to change the composition of the upper-tier Council as it deems appropriate;and 4. That the rights of electors under Sec.223(1)of the Municipal Act to petition a municipality to conduct a ward boundary review be extended to also apply to electors in a Regional municipality wishing to request an upper- tier Council composition review. Municipal Act— Climate Change and the Environment • Advancing the mandate for local governments to act on climate change: Municipal action on climate change would be strengthened if the General Principles section of the Act would expand on the current purpose by adding "improve the environmental well-being of residents through actions to mitigate and adapt to climate change". A p Town of Ajax Submission to MMAH regarding Municipal Legislation Review—Oct 10, 2015 faxy the Lake • Authority to adopt Green Development Standards: Greater clarity within the Act is required to acknowledge the authority of municipal governments to adopt and implement mandatory green development standards. • Increasing recognition within the Municipal Act of Natural Assets as a community service that provides significant ecological, health and economic services and value: Through recognizing the ecological, economical and health services and cost benefits provided by the terrestrial and aquatic environments(i.e.forests, wetlands, waterways, prairie meadow), municipalities would be able to better protect and enhance these assets leading to improved storm water management and increased resilience and protection from extreme weather impacts. • Increased recognition within the Municipal Act of the municipal role in advancing community energy planning: Community Energy Planning is a comprehensive, long-term plan that helps to define community priorities around energy with a view to explore how energy is and could be used, generated, and delivered in the community now and into the future. Such a plan would better enable municipalities to identify and act on local energy generation opportunities. This increased recognition would enable increased momentum for the creation of holistic and integrated community energy plans that identify opportunities to better meet local energy needs in the most efficient, cost-effective and resilient way possible. • Enable municipal ability to identify and enact fees that municipalities determine will enable them to meet their financial sustainability goals as well as their sustainability and environmental priority goals. For example this could include but not be limited to parking related,fuel efficiency related, licensing of delivery in zones fees. Dean Iorfida From: AMO Communications <communicate@amo.on.ca> Sent: Friday, September 11, 2015 3:58 PM To: Dean Iorfida Subject: AMO Policy Update - MMAH Legislation Review - AMO Makes Initial Submission September 11.2015 Ministry of Municipal Affairs and Housing Legislation Review — AMO Makes Initial Submission AMO's Board of Directors has approved its initial recommendations, AMO Submission,to the Ministry for the five-year review of the .Municipal Act as well as the Municipal Conflict of Interest Act. In terms of the five-year review of the Municipal Act,the Board confirmed that the principles it established 10 years ago for the initial drafting of the Act remain applicable. It also believes that the broad powers of municipal government,the spheres of jurisdiction, and natural person powers of the Act are working well and that no major overhaul is needed. Generally, the Act's framework provides councils with the ability to make policy decisions in most instances that can reflect local circumstances and local needs as they may evolve over time. Permissive authority is the appropriate route. A one-size-fits-all, top down approach does not work for Ontario's municipal governments which stretch from Pickle Lake to Pelee Island and from Windsor to Ottawa. There are several areas in the Act where clarity and some additional authority would be helpful. For example,there needs to be a better definition of a`meeting' given the different approaches being used by investigators of closed meetings. The Ontario Ombudsman uses a very sweeping definition. AMO raised the need for clarity and consistency during the hearings on Bill 8 and believes a definition that has support in jurisprudence should be incorporated in the Act. AMO's submission offers direction on this. The AMO Board will also be reviewing the suggested technical amendments of the Municipal Finance Officers Association as they come forward. In terms of the Municipal Conflict of Interest Act, the legislation has not been the subject of any major review in many years. The Board has set out four desired outcomes that should be used to evaluate any change. They include: • Any municipal accountability framework shall recognize that municipal governments are mature, responsible, and accountable levels of government. The provincial government has recognized municipalities, both generally and specifically, as responsible governments and, as such, any changes should not undermine this position. • Any municipal accountability framework should be straightforward and it should be easily understood by elected officials and the public. In other words, it should not be complex or legalistic. Additionally, any changes to the framework must not expose staff and municipal governments to increased liability. • Elected officials should have access to a person who is able to provide them with advice on potential conflicts of interest and they should be able to rely on that advice. Certainty and affordability are key values in any process, including conflicts of interest. • An accountability framework should have safeguards to prevent and to address frivolous and vexatious complaints. Without these safeguards, it could be misused for political and other ends. In addition. the Board's submission sets out 10 specific recommendations that complement the above stated desired outcomes, including providing a broader range of penalties, greater clarity on obligations to help elected officials understand those obligations for which they bear personal responsibility for compliance, and that the Act offer the ability to seek advice from integrity officers and be able to rely on that advice. AMO expects that there will be discussions with the Ministry on the Board's submission and other advice the Ministry may receive through its broad consultation process. AMO Contact: Pat Vanini, Executive Director, E-mail: pvanini@amo.on.ca,416.971.9856 ext. 316. 1 F-2015-40 Niagararalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2015-40 Monthly Tax Receivables Report — September RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of September 30, 2015 were $24.7 million compared to $25.5 million in 2014. During September, tax receivables as a percentage of taxes billed decreased slightly from 28.2% in 2014 to 27.0% in 2015. The City's finance staff has had continued success in resolving properties that are subject to registration for 2015. At this stage, 90.7% of properties have developed payment arrangements or have paid in full. There are currently twelve properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2015 improved slightly during the month of September. Table 1 shows that taxes outstanding at September 30, 2015 are $24.7 million. This represents a slight decrease from $25.5 million in arrears for the same period in 2014. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2015, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after nine months of activity. This table shows 90.7% of the tax accounts 2 F-2015-40 October 27, 2015 or 353 properties have been paid in full or the owners have made suitable payment arrangements. During September, seven accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 89.2% (August) to 90.7% (September). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of September, four registered properties were redeemed. The outstanding taxes for registered properties represents 1.4% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at September 30, 2015 is 27.0% which is a slight decrease from 2014's value of 28.2%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at September 30, 2015 Table 2 Taxes Receivable by Property Class at September 30, 2015 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties /d6eRecommended by. r Todd Harrison Director of 'inance Respectfully submitted: LIA-A4-1\IL Ken Todd, hief Administrative Officer A Felicetti TABLE 1 Total Taxes Receivable Owing at September 30, 2015 2015 2014 Outstanding Taxes @ August 31, 2015 $ 17,055,862 $ 18,418,682 Taxes Billed and Due September 30, 2015 $ 24,560,986 $ 23,028,469 Penalty charged in September $ 206,541 $ 222,254 Taxes Collected during September $ 17,131,542 $ 16,142,801 Outstanding Taxes @ September 30, 2015 $ 24,691,847 $ 25,526,604 Taxes billed and Due October 30, 2015 $ 22,887,588 $ 22,157,484 Supplemental Due October 23, 2015 $ 386,573 $ 631,506 Supplemental Due November 20, 2015 _ $ 386,573 $ 631,505 Total Taxes to be Collected $ 48,352,581 $ 48,947,099 TABLE 2 Taxes Receivable by Property Class as at September 30,2015 2015 % of Class 2014 % of Class Taxes Owing Taxes Owing Residential $ 20,472,586 42.34% $ 19,405,039 39.64% Multi-Residential $ 2,082,645 4.31% $ 1,886,881 3.85% Commercial $ 24,222,030 50.09% $ 26,033,083 53.19% Industrial $ 1,507,038 3.12% $ 1,567,455 3.20% Farmlands $ 68,282 _ 0.14% $ 54,641 0.11% Total Receivables $ 48,352,581 100.00% $ 48,947,099 100.00% TABLE 3 Properties Properties Subject to Subject to to Registration Registration as at August 31, 2015 as at September 30, 2015 Initial Amount 389 389 Paid in Full 86 93 23.9% Payment Arrangements 261 260 66.8% Ongoing Collection 41 35 9.0% Action Registered 1 1 0.3% 389 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount May 2016 9 $ 642,858 November 2016 3 $ 36,327 Totals 12 $ 679,185 F-2015-41 Niagaraaalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2015-41 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $28,854,826.70 for the period September 10, 2015 to October 7, 2015. 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: Todd Harriso , Directo of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 1 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount 1340258 ONTARIO INC 388223 01-Oct-2015 CONTRACT SERVICES-WARREN V\ 2.620 622 76 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATH 387642 16-Sep-2015 MATERIALS 361 31 1671318 ONTARIO LTD 388051 30-Sep-2015 REFUND 994 02 1692690 ONTARIO INC 387643 16-Sep-2015 REFUND 1.250 00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 387822 23-Sep-2015 MATERIALS 25 00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 388225 07-Oct-2015 MATERIALS 305 00 1'76415 ONTARIO LTD 0/A PURE WATER NIAGARA 387644 16-Sep-2015 STORES/INVENTORY 25 00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 388052 30-Sep-2015 STORES/INVENTORY 23 00 1788736 ONTARIO INC. 387645 16-Sep-2015 REFUND 750.00 2030688 ONTARIO LTD 387823 23-Sep-2015 LEASES AND RENTS 4,614.16 2030688 ONTARIO LTD 388226 07-Oct-2015 LEASES AND RENTS 6.373.20 2095527 ONTARIO LTD 388053 30-Sep-2015 LEASES AND RENTS 1,130 00 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 387824 23-Sep-2015 CONTRACT SERVICES 144.64 396101 ONTARIO LIMITED 388054 30-Sep-2015 REFUND 4 373 32 407 ETR EXPRESS TOLL ROUTE 388227 07-Oct-2015 SERVICES 88 73 788894 ONTARIO LIMITED 388055 30-Sep-2015 REFUND 3 283 24 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 387825 23-Sep-2015 MATERIALS 96 05 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 388228 07-Oct-2015 MATERIALS 2 674 71 984265 ONTARIO LTD aka CIRCLE P PAVING 388229 07-Oct-2015 CONTRACT SERVICES 37.953.90 984265 ONTARIO LTD aka CIRCLE P PAVING 388230 07-Oct--2015 CONTRACT SERVICES 35 483.74 A B C RECREATION LTD 387826 23-Sep-2015 MATERIALS 204 42 A B C RECREATION LTD 388231 07-Oct-2015 MATERIALS 1.158 15 ABBRUSCATO,PINA 387646 16-Sep-2015 MATERIALS 23.442 00 ACCU LOCK AND SECURITY 388056 30-Sep-2015 MATERIALS 22 60 ADDISON CHEVROLET GMC BUICK 387827 23-Sep-2015 MATERIALS 71,115 42 ADEWUMI.AYO 387828 23-Sep-2015 TRAVEL/MILEAGE 50 76 ADVANCE TOWING 387647 16-Sep-2015 CONTRACT SERVICES 502.85 ADVANCE TOWING 387829 23-Sep-2015 CONTRACT SERVICES 536.75 ADVANCE TOWING 388057 30-Sep-2015 CONTRACT SERVICES 395.50 ADVANCE TOWING 388232 07-Oct-2015 CONTRACT SERVICES 1.361 65 ADVANTAGE R&C MECHANICAL LTD. 388233 07-Oct-2015 CONTRACT SERVICES 4,068.94 AFFILIATED CUSTOMS BROKERS LTD 387648 16-Sep-2015 CONTRACT SERVICES 201 27 AFFILIATED CUSTOMS BROKERS LTD 387830 23-Sep-2015 MATERIALS 39 44 AFFILIATED CUSTOMS BROKERS LTD 388058 30-Sep-2015 MATERIALS 39 17 AINSLIE,FRANCIS&JOHN STUART 388059 30-Sep-2015 REFUND 1,402 48 AIRON HVAC 387832 23-Sep-2015 MATERIALS 1.550 81 AIRON HVAC 388234 07-Oct-2015 MATERIALS 900 11 ALASTI-FARIDANI,ZIAOLLAH 387833 23-Sep-2015 REFUND 11.40 ALFIDOME CONSTRUCTION 388060 30-Sep-2015 CONTRACT SERVICES 58.521.85 ALFIDOME CONSTRUCTION 388061 30-Sep-2015 LEASES AND RENTS 56.50 ALFIDOME CONSTRUCTION 388235 07-Oct-2015 LEASES AND RENTS-VACUUM TRL 11.963 88 ALFIDOME CONSTRUCTION 387834 23-Sep-2015 VEH ID#208 9.441 17 ALLDRIDGE,BEV 388062 30-Sep-2015 SERVICES 100.00 ALLEN TREE SERVICE 387651 16-Sep-2015 CONTRACT SERVICES 41.954 64 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 387650 16-Sep-2015 MATERIALS 156.62 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 387835 23-Sep-2015 MATERIALS 99.67 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 388063 30-Sep-2015 MATERIALS 147.46 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 388236 07-Oct-2015 MATERIALS 117 98 ALLIED MEDICAL INSTRUMENTS INC 387652 16-Sep-2015 MATERIALS 354 42 ALTIERI BUILDING SUPPLIES LTD 387653 16-Sep-2015 MATERIALS 377 33 AMACO EQUIPMENT INC 388237 07-Oct-2015 LEASES AND RENTS 3,390.00 AMACO EQUIPMENT INC 387654 16-Sep-2015 MATERIALS 3.390.00 AMALGAMATED TRANSIT UNION#1582 387836 23-Sep-2015 PAYROLL REMITTANCE 4.159 24 AMALGAMATED TRANSIT UNION#1582 388238 07-Oct-2015 PAYROLL REMITTANCE 4.229 71 AMCTO 388239 07-Oct-2015 MATERIALS 1,711.95 ANDERS.CHRIS 387655 16-Sep-2015 TRAVEL/MILEAGE 23166 ANDERSONS CEMETERY CONTRACTING LTD 387837 23-Sep-2015 CONTRACT SERVICES 14.899.05 ANDREWS,EMILY 387656 16-Sep-2015 SERVICES 550.00 ANTHONY'S EXCAVATING CENTRAL INC 387838 23-Sep-2015 CONTRACT SERVICES 10,576.80 ANTONIO,BREANNA 387657 16-Sep-2015 'TRAVEL/MILEAGE 154.44 ANTONSEN,DAVID 387658 16-Sep-2015 TRAVEL/MILEAGE 118.80 ARCHAEOLOGICAL SERVICES INC 388241 07-Oct-2015 CONTRACT SERVICES 19,757.30 ARCHER TRUCK SERVICES LTD 388242 07-Oct-2015 VEH ID#86 1.002 11 ARCHER TRUCK SERVICES LTD 387839 23-Sep-2015 VEH ID#87 2 520.31 ARCHER TRUCK SERVICES LTD 388064 30-Sep-2015 VEH ID#87 2,701.74 ARCTIC GLACIER CANADA INC 388065 30-Sep-2015 MATERIALS 108 00 ARIF MERANI FUNDRAISING GROUP 387840 23-Sep-2015 MATERIALS 750.00 ARIVA 387841 23-Sep-2015 MATERIALS 1.540.02 ARIVA 388066 30-Sep-2015 MATERIALS 74 58 ARIVA 388243 07-Oct-2015 MATERIALS 588 51 ARMSTRONG,TRACEY 388244 07-Oct-2015 REFUND 22 00 ARTISTA DESIGN&PRINT INC 387659 16-Sep-2015 MATERIALS 28.25 ARTISTA DESIGN&PRINT INC 388067 30-Sep-2015 MATERIALS 90.40 Page 2 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ARTISTA DESIGN&PRINT INC 388245 07-Oct-2015 MATERIALS 56 50 ART'S TOOL SALES OF NIA LTD. 387842 23-Sep-2015 MATERIALS 253.35 ASSOCIATED ENGINEERING(ONT)LTD 387660 16-Sep-2015 CONSULTING SERVICES 5,282 75 ASSOCIATED ENGINEERING(ONT)LTD 388069 30-Sep-2015 CONSULTING SERVICES 8,.296.03 ASSOCIATED ENGINEERING(ONT)LTD 388246 07-Oct-2015 CONSULTING SERVICES 12.842 72 ASSOCIATION OF MUNICIPALITIES OF ONTARIO 388068 30-Sep-2015 DONATION 100.00 AUTO PARTS CENTRES 387661 16-Sep-2015 STORES/INVENTORY 405 27 AUTO PARTS CENTRES 387843 23-Sep-2015 STORES/INVENTORY 470.05 AUTO PARTS CENTRES 388247 07-Oct-2015 STORES/INVENTORY 412 00 B&B LIFT TRUCK SERVICE 388073 30-Sep-2015 VEH ID#333 378.05 BAGLIERI,CAREY 388248 07-Oct-2015 TRAVEL/MILEAGE 124 24 BAIN PRINTING LIMITED 387662 16-Sep-2015 CONTRACT SERVICES 819 25 BAIN PRINTING LIMITED 387844 23-Sep-2015 MATERIALS 244 08 BAKER 387663 16-Sep-2015 STORES/INVENTORY 1.818 29 BAKER 387845 23-Sep-2015 STORES/INVENTORY 283 51 BAKER 388070 30-Sep-2015 STORES/INVENTORY 332 90 BAKER 388249 07-Oct-2015 STORES/INVENTORY 143 26 BANNF_RMAN.MAJA 387664 16-Sep-2015 TRAVEL/MILEAGE 202 80 BARISAN.MAURIZIO MARIO 387846 23-Sep-2015 REFUND 59.96 BATTLEFIELD EQUIPMENT RENTALS 388072 30-Sep-2015 LEASES AND RENTS 1,674 66 BEATTIES BASICS 387665 16-Sep-2015 MATERIALS 235.02 BEHRENDS BRONZE INC 387847 23-Sep-2015 MATERIALS 3,012.29 BELL CANADA 387666 16-Sep-2015 SERVICES 7.665.50 BELL CANADA 387848 23-Sep-2015 SERVICES 682 80 BELL CANADA 388250 07-Oct-2015 SERVICES 147 03 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 387849 23-Sep-2015 VEH ID#223 1,561 66 BERRY.GERALD&FRANCES 388074 30-Sep-2015 REFUND 1.984.78 BETTER IMPACT INC 388075 30-Sep-2015 MATERIALS 282.50 BICKLE MAIN INDUSTRIAL SUPPLY INC 387667 16-Sep-2015 MATERIALS 270 52 BICKLE MAIN INDUSTRIAL SUPPLY INC 387850 23-Sep-2015 MATERIALS 101 36 1 BICKLE MAIN INDUSTRIAL SUPPLY INC 388076 30-Sep-2015 MATERIALS 770 09 BICZEL.HILARY 387851 23-Sep-2015 REFUND 124 02 BOB ROBINSON&SON CONSTRUCTION 388077 30-Sep-2015 CONTRACT SERVICES 2,159 71 BOBCAT OF HAMILTON LTD 388251 07-Oct-2015 VEH ID#220 2,253 23 BOBCAT OF HAMILTON LTD 387852 23-Sep-2015 VEH ID#222 798.11 BOWLBY,MATT 388252 07-Oct-2015 TRAVEL/MILEAGE 347 50 BOYS&GIRLS CLUB OF NIAGARA 387853 23-Sep-2015 GRANT 16.500 00 BRAINKITE 387668 16-Sep-2015 SERVICES 3.500.00 BRAINKITE 388253 07-Oct-2015 SERVICES 1,520.00 BRANDON LOVE MAGIC 388333 07-Oct-2015 NIAGARA STUDENT SUMMIT 904 00 BRASSARD,CATHERINE 388078 30-Sep-2015 MATERIALS 100.00 BRINCAT,MICHELLE 387854 23-Sep-2015 REFUND 14315 BRINKS CANADA LTD 387855 23-Sep-2015 CONTRACT SERVICES 3.165 48 BROCK FORD LINCOLN 387669 16-Sep-2015 STORES/INVENTORY 1.657 44 BROCK FORD LINCOLN 387856 23-Sep-2015 STORES/INVENTORY 1.166 19 BROCK FORD LINCOLN 388079 30-Sep-2015 STORES/INVENTORY 373.09 BUILDING INNOVATION 387858 23-Sep-2015 MATERIALS 31,640.00 BUIST LANDSCAPING INC 387670 16-Sep-2015 CONTRACT SERVICES 4,125.59 BURKE GROUP-THE 388081 30-Sep-2015 MATERIALS 67 80 BURSHTEIN,TIM 388254 07-Oct-2015 TRAVEL/MILEAGE 91 80 BUTYNIEC,DAVE 388255 07-Oct-2015 TRAVEL/MILEAGE 72.36 CALE SYSTEMS INC 388082 30-Sep-2015 CONTRACT SERVICES 1,209.10 CALE SYSTEMS INC 387859 23-Sep-2015 MATERIALS 619.24 CALE SYSTEMS INC 388256 07-Oct-2015 MATERIALS 618 11 CALLARA,COSIMO 388257 07-Oct-2015 WATER REFUND 150 29 CAMPBELL.CAREY 388258 07-Oct-2015 TRAVEL/MILEAGE-ROAST EVENT 138.42 CAMPBELL,GLORIA 388083 30-Sep-2015 REFUND 50.00 CANADA CULVERT 387671 16-Sep-2015 MATERIALS 3.402 83 CANADA POST 387862 23-Sep-2015 MATERIALS 26.557.02 CANADA POST 388262 07-Oct-2015 MATERIALS-WATER BILLS 4,964.79 CANADIAN DOOR DOCTOR 387672 16-Sep-2015 MATERIALS 384.20 CANADIAN ENERGY-NIAGARA 388259 07-Oct-2015 STORES/INVENTORY 1496.12 CANADIAN LINEN&UNIFORM 387673 16-Sep-2015 CONTRACT SERVICES 460 04 CANADIAN LINEN&UNIFORM 387860 23-Sep-2015 CONTRACT SERVICES 379.23 CANADIAN LINEN&UNIFORM 388085 30-Sep-2015 CONTRACT SERVICES 440.12 CANADIAN LINEN&UNIFORM 388261 07-Oct-2015 CONTRACT SERVICES 276.47 CANADIAN NATIONAL 387861 23-Sep-2015 CONTRACT SERVICES 4.166.59 CANADIAN PAYROLL ASSOCIATION 388086 30-Sep-2015 REMITTANCE 450.87 CANADIAN PORTABLE SERVICES 387674 16-Sep-2015 CONTRACT SERVICES 3.748.78 CANADIAN SAFETY EQUIPMENT INC 388087 30-Sep-2015 MATERIALS 3.220.50 CANAMED PROPERTIES(2010)INC 388260 07-Oct-2015 REFUND 1.082 51 CANTEC SECURITY SERVICES INC 387863 23-Sep-2015 CONTRACT SERVICES 15.439 76 CARQUEST 387675 16-Sep-2015 MATERIALS 716.67 CARQUEST 387864 23-Sep-2015 MATERIALS 285.95 Page 3 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount CARQUEST 388263 07-Oct-2015 MATERIALS 155.20 CARRUTHERS.ANDREW 388088 30-Sep-2015 REFUND-SAFETY SHOES 150.00 CARSWELL 388264 07-Oct-2015 MATERIALS 274.28 CASTLE MECHANICAL 387865 23-Sep-2015 CONTRACT SERVICES 305 10 CATARACT COLLISION CENTRE 388265 07-Oct-2015 CONTRACT SERVICES-VEH. ID#31 3,917.26 CELEBRATE OLD DOWNTOWN 388266 07-Oct-2015 MOVIES IN THE PARK 1,000.00 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 388268 07-Oct-2015 REFUND 145.91 CENTRAL COMMUNICATIONS 388267 07-Oct-2015 CONTRACT SERVICES 485 90 CENTRE COURT CAFE 388269 0,7-Oct-2015 MATERIALS 385 33 CERIDIAN CANADA LTD 388270 07-Oct-2015 CONTRACT SERVICES 1.874 45 CFMS-WEST CONSULTING INC 387866 23-Sep-2015 MATERIALS 3.638.60 CHAMBER OF COMMERCE NIAGARA FALLS 388090 30-Sep-2015 MATERIALS 565 00 CHARLES JONES INDUSTRIAL LTD 387676 16-Sep-2015 STORES/INVENTORY 1,247.42 CHARLES JONES INDUSTRIAL LTD 387867 23-Sep-2015 STORES/INVENTORY 457.04 CHARLES JONES INDUSTRIAL LTD 388091 30-Sep-2015 STORES/INVENTORY 421.58 CHARLES JONES INDUSTRIAL LTD 388271 07-Oct-2015 STORES/INVENTORY 483.40 CHARTIER,RICHARD 387868 23-Sep-2015 REFUND 284.56 CHARTRAND,PAUL 387677 16-Sep-2015 SERVICES 970.00 CHECKPOINT CHRYSLER LTD 387678 16-Sep-2015 MATERIALS 27 672.57 CHECKPOINT CHRYSLER LTD. 388272 07-Oct-2015 MATERIALS 40 967 02 CHIEFS HEAVY TRUCK COLLISION 388273 07-Oct-2015 CONTRACT SERVICES-VEH. ID#18 3.965 17 CIBC RETAIL MORTGAGES OPERATIONS 388092 30-Sep-2015 REFUND 2 152.80 CIBC RETAIL OPERATIONS 387679 16-Sep-2015 REFUND 72.30 CIBC RETAIL OPERATIONS 388093 30-Sep-2015 REFUND 166 83 CITY OF THOROLD 388274 07-Oct-2015 LEASES AND RENTS 65.00 CITY VIEW BUS SALES&SERVICE LTD 387680 16-Sep-2015 STORES/INVENTORY 1.459 03 CITY VIEW BUS SALES&SERVICE LTD. 388094 30-Sep-2015 STORES/INVENTORY 664.59 CITY VIEW BUS SALES&SERVICE LTD. 388275 07-Oct-2015 STORES/INVENTORY 1.962.62 CLEVER DEVICES US DRAFT 15-Sep-2015 PARTS 240.13 CLIFTON HILL BIA 387681 16-Sep-2015 2015 3RD INSTALLMENT 6,000.00 CM LIGHTING MAINTENANCE 387682 16-Sep-2015 MATERIALS 13.441 35 COGECO CABLE CANADA LP 388277 07-Oct-2015 SERVICES 847.50 COLLEE,DOUGLAS 387683 16-Sep-2015 TRAINING 472 50 COLLINS CONCESSIONS LTD 388278 07-Oct-2015 MATERIALS 610.20 COMMERCIAL DIGITAL PRINT INC 388279 07-Oct-2015 MATERIALS 85 88 COMMISSIONAIRES 387684 16-Sep-2015 CONTRACT SERVICES 15.593.94 COMMISSIONAIRES 387869 23-Sep-2015 CONTRACT SERVICES 1.841 91 COMMISSIONAIRES 388280 07-Oct-2015 CONTRACT SERVICES 15,866.33 CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE EFT 30-Sep-2015 3RD QUARTER TAX LEVY 230.620.23 CONSEIL SCOLAIRE VIAMONDE EFT 30-Sep-2015 3RD QUARTER TAX LEVY 67,001 22 CORPORATION OF THE CITY OF WELLAND 388276 07-Oct-2015 SERVICES 558 73 CORRADI,JOE 387870 23-Sep-2015 MATERIALS 80.00 COTTON INC 387685 16-Sep-2015 MATERIALS 266.69 COTTON INC 387871 23-Sep-2015 MATERIALS 2,931 24 COTTON INC 388095 30-Sep-2015 MATERIALS 1,366.74 CRABBE.CATHY 388281 07-Oct-2015 TRAVEL/MILEAGE 56.70 CRAITOR,KIM 387686 16-Sep-2015 SERVICES 164 36 CRANK,MELANIE 387872 23-Sep-2015 REFUND 22 85 CRAWFORD&COMPANY(CANADA)INC 387687 16-Sep-2015 CONTRACT SERVICES 1.606 00 CRAWFORD&COMPANY(CANADA)INC 387873 23-Sep-2015 CONTRACT SERVICES 693 00 CRAWFORD&COMPANY(CANADA)INC IN TRUST 387640 15-Sep-2015 ADMINISTRATIVE 21 000.00 CRAWFORD,JOE 387688 16-Sep-2015 SERVICES 25.00 CRAWFORD,JOE 388097 30-Sep-2015 SERVICES 25.00 CREATIVE INNOVATION 388282 07-Oct-2015 MATERIALS 100.00 CULLIGAN NIAGARA WATER TECH INC 388098 30-Sep-2015 MATERIALS 134.47 CUMMINS EASTERN CANADA LP 387875 23-Sep-2015 MATERIALS 645.74 CUPE LOCAL 133 387876 23-Sep-2015 PAYROLL REMITTANCE 9.408.38 CUPE LOCAL 133 388283 07-Oct-2015 PAYROLL REMITTANCE 12.536 79 D K TECHNICAL SERVICES INC 388100 30-Sep-2015 CONTRACT SERVICES 1 969 31 D.A M PAINTER 387879 23-Sep-2015 CONTRACT SERVICES 1.695 00 DA-LEE DUST CONTROL 387877 23-Sep-2015 CONTRACT SERVICES 2.520 56 D'ALIMONTE.JOE 387878 23-Sep-2015 MATERIALS 150 00 DARCH FIRE 387880 23-Sep-2015 VEH ID#536 842 19 DAVIDSON ENVIRONMENTAL 387881 23-Sep-2015 CONTRACT SERVICES 31.64 DE LAGE LANDEN FINANCIAL SERVICES CAN INC 387689 16-Sep-2015 LEASES AND RENTS 13.267.68 DE LAGE LANDEN FINANCIAL SERVICES CAN INC 387883 23-Sep-2015 LEASES AND RENTS 3,872.23 DEGUIRE,RANDY D 387882 23-Sep-2015 REFUND 158.81 DELL CANADA INC 388099 30-Sep-2015 MATERIALS 13,482.35 DEMAR CONSTRUCTION INC 387690 16-Sep-2015 CONTRACT SERVICES 505.304 72 DEMAR CONSTRUCTION INC 387691 16-Sep-2015 CONTRACT SERVICES 4 121.24 DEMOL'S TIRE SALES&SERVICE 387884 23-Sep-2015 VEH ID#249 287 76 DESIGN ELECTRONICS 388284 07-Oct-2015 MATERIALS 1.821 19 DEURLOO.JAMES 388285 07-Oct-2015 HONORARIUM HAPPENING AT THE 50.00 DIGITAL POSTAGE ON CALL 388286 07-Oct-2015 MATERIALS 9,944.00 Page 4 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount DILTS PISTON HYDRAULICS INC 387692 16-Sep-2015 MATERIALS 565 00 DIODATI,JIM 387885 23-Sep-2015 TRAVEL/MILEAGE 1 155 00 DISTRICT SCHOOL BOARD OF NIAGARA EFT 30-Sep-2015 3RD QUARTER TAX LEVY 6 584.147 42 DISTRICT SCHOOL BOARD OF NIAGARA 387693 16-Sep-2015 REFUND 5,000 00 DIVIZIO,DANIELE&DIVIZIO, GIOVANNA 388287 07-Oct-2015 REFUND 286 04 DOBRZYNSKI,ARKADIUSZ&MA,WEN LI 388101 30-Sep-2015 REFUND 2,936 55 DOROFEEV,VLADIMIR&USHAKOVA,ZHANETTA 388288 07-Oct-2015 REFUND 164.63 DOUGHERTY,TAMMY 387886 23-Sep-2015 REFUND 106.27 DOVE,MELVILLE 388289 07-Oct-2015 TRAVEL/MILEAGE 228.64 DOWLING,WILLIAM 387887 23-Sep-2015 REFUND 59.77 DOWNTOWN BOARD OF MANAGEMENT 387694 16-Sep-2015 REMITTANCE 52.503.75 DREN,KARL 388290 07-Oct-2015 TRAVEL/MILEAGE 151.20 DROLLIS SAFETY SUPPLY CO LTD 388291 07-Oct-2015 STORES/INVENTORY 386 12 DULAT,DAVID 388292 07-Oct-2015 TRAVEL/MILEAGE 196 56 DULLER,DIANE 387695 16-Sep-2015 SERVICES 200.00 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 387696 16-Sep-2015 MATERIALS 172.84 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 388102 30-Sep-2015 MATERIALS 121 76 DUMONT SECURITY 388103 30-Sep-2015 CONTRACT SERVICES 999.23 DYNACARE 387888 23-Sep-2015 SERVICES 201.00 E&R LAWN EQUIPMENT 388109 30-Sep-2015 MATERIALS 396 65 E&R LAWN EQUIPMENT 387897 23-Sep-2015 STORES/INVENTORY 827.27 E&R LAWN EQUIPMENT 388299 07-Oct-2015 STORES/INVENTORY 320.02 EAST-GATE TRUCK CENTRE 387889 23-Sep-2015 VEH ID#88 34.81 ED LEARN FORD SALES LTD 387890 23-Sep-2015 STORES/INVENTORY 1.558.83 EGGER,JOHN 387697 16-Sep-2015 REFUND 500.00 EGGER,JOHN&SINNIGE-EGGER, JO-ANNE 387698 16-Sep-2015 REFUND 750 00 ELECTRICAL SAFETY AUTHORITY 388104 30-Sep-2015 MATERIALS 89.27 ELECTRICAL SAFETY AUTHORITY 388293 07-Oct-2015 MATERIALS 89.27 ELECTROMEGA 387891 23-Sep-2015 MATERIALS 649.75 ELECTROMEGA 388294 07-Oct-2015 MATERIALS 593.25 ELLIS ENGINEERING INC. 387892 23-Sep-2015 CONSULTING SERVICES 7,008.08 ELLIS ENGINEERING INC. 388295 07-Oct-2015 CONSULTING SERVICES 5.373.15 ELOQUIP LTD 387893 23-Sep-2015 VEH ID#155 722.36 EMCO WATERWORKS CORPORATION 388296 07-Oct-2015 MATERIALS 906.37 ENBRIDGE 387700 16-Sep-2015 UTILITIES 750.94 ENBRIDGE 387895 23-Sep-2015 UTILITIES 747 92 ENBRIDGE 388106 30-Sep-2015 UTILITIES 110.70 ENBRIDGE 388107 30-Sep-2015 UTILITIES 10,921.51 ENBRIDGE 388297 07-Oct-2015 UTILITIES 1,953.51 E-QUIP RENTALS&REPAIRS INC 387701 16-Sep-2015 MATERIALS 22.54 E-QUIP RENTALS&REPAIRS INC 387896 23-Sep-2015 MATERIALS 294.11 EQUIPMENT SPECIALIST INC 388108 30-Sep-2015 CONTRACT SERVICES 1,950.60 EQUIPMENT SPECIALIST INC 388298 07-Oct-2015 EQUIPMENT-#476 723.20 EVANS UTILITY SUPPLY LTD 387898 23-Sep-2015 MATERIALS 7,288.50 EVANS UTILITY SUPPLY LTD 388110 30-Sep-2015 MATERIALS 7.402.13 EVANS UTILITY SUPPLY LTD 388300 07-Oct-2015 MATERIALS 12,822.40 FABBRO,NORINO 387702 16-Sep-2015 REFUND 750 00 FALLS AUTO BODY INC 387899 23-Sep-2015 VEH ID#314 6.728.54 FALLS CHEVROLET CADILLAC 388302 07-Oct-2015 STORES/INVENTORY 333.90 FALLSVIEW BIA 387703 16-Sep-2015 2015 BIA LEVY 375,000.00 FALLSVIEW CASINO RESORT 388301 07-Oct-2015 ADMINISTRATIVE 56,126.36 FALLSWAY SUPPLY 388303 07-Oct-2015 MATERIALS 64.46 FARRELL,PETER 387900 23-Sep-2015 MATERIALS 150.00 FASTENAL CANADA LTD 387901 23-Sep-2015 MATERIALS 1 516.78 FASTENAL CANADA LTD 388304 07-Oct-2015 STORES/INVENTORY 22.71 FELICETTI,ANNY 388111 30-Sep-2015 TRAVEL/MILEAGE 1,066.04 FEREN SIGNS&AWNINGS LTD 388112 30-Sep-2015 MATERIALS 291 54 FIEDOREK,BARBARA 388113 30-Sep-2015 REFUND 1.278.78 FIRE MONITORING OF CANADA INC 387902 23-Sep-2015 MATERIALS 713.79 FIREHALL THEATRE 387704 16-Sep-2015 SERVICES 400.00 FLEXO PRODUCTS LTD 387705 16-Sep-2015 STORES/INVENTORY 41 38 FLEXO PRODUCTS LTD 387903 23-Sep-2015 STORES/INVENTORY 168 37 FLEXO PRODUCTS LTD 388114 30-Sep-2015 STORES/INVENTORY 955.28 FLORES,BRENDA 388305 07-Oct-2015 REFUND-DRIVERS MEDICAL 80.00 FORM&AFFECT 387904 23-Sep-2015 CONTRACT SERVICES 13.842 50 FORSTER LEWANDOWSKI&CORDS IN TRUST 387706 16-Sep-2015 REFUND 104.87 FRANK COWAN COMPANY LIMITED 388306 07-Oct-2015 MATERIALS 33.880.69 FRASER,HEATHER 387707 16-Sep-2015 CONTRACT SERVICES 220.00 FROGGY'S AUTO GLASS LTD 388307 07-Oct-2015 CONTRACT SERVICES-BUS 2191 186.45 GALWAY.MIRANDA 387905 23-Sep-2015 REFUND 19.96 GAROFALO SEWER CLEANING 388308 07-Oct-2015 MATERIALS 107 35 GEORGIAN CHEVROLET BUICK GMC INC. 387906 23-Sep-2015 MATERIALS 18,193.00 GERRIE ELECTRIC WHOLESALE LTD 387708 16-Sep-2015 STORES/INVENTORY 802 06 GIRARDI,CHRISTINE 387709 16-Sep-2015 TRAVEL/MILEAGE 80 47 Page 5 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name _ Cheque No. Cheque Date Purpose Amount GLENTEL WIRELESS CENTRE 387907 23-Sep-2015 MATERIALS 11,404 34 GLORY GLOBAL SOLUTIONS CANADA INC 388309 07-Oct-2015 MATERIALS 248 60 GOODWILL NIAGARA 388115 30-Sep-2015 REFUND 8,839.47 GOTCHA COVERED 387710 16-Sep-2015 CONTRACT SERVICES 4.757 30 GRANDMOND LEONA 387711 16-Sep-2015 SERVICES 200 00 GRAYBAR CANADA 387712 16-Sep-2015 MATERIALS 79 07 GRAYBAR CANADA 387908 23-Sep-2015 MATERIALS 503.68 GRAYBAR CANADA 388116 30-Sep-2015 MATERIALS 5.83 GRAYBAR CANADA 388310 07-Oct-2015 MATERIALS 512 72 GREAT LAKES FIRE SERVICES 387909 23-Sep-2015 MATERIALS 62 15 GREENFIELD GROUP LTD 387713 16-Sep-2015 CONTRACT SERVICES 548 05 GREENFIELD GROUP LTD 387910 23-Sep-2015 CONTRACT SERVICES 330.53 GRIFFIN LANDSCAPE 387715 16-Sep-2015 CONTRACT SERVICES 170.53 GRIFFIN LANDSCAPE 387911 23-Sep-2015 CONTRACT SERVICES 11.687.03 GROUND AERIAL MAINTENANCE LTD 387716 16-Sep-2015 CONTRACT SERVICES 4,286 59 GROUND AERIAL MAINTENANCE LTD 388117 30-Sep-2015 CONTRACT SERVICES 377 07 GROUND AERIAL MAINTENANCE LTD 388311 07-Oct-2015 CONTRACT SERVICES-TRAFFIC St 5,971 61 GT FRENCH 387717 16-Sep-2015 STORES/INVENTORY 1.128 61 GT FRENCH 387912 23-Sep-2015 STORES/INVENTORY 614.88 GT FRENCH 388118 30-Sep-2015 STORES/INVENTORY 633 28 GT FRENCH 388312 07-Oct-2015 STORES/INVENTORY 1,426 70 GUILLEVIN INTERNATIONAL CO 387718 16-Sep-2015 STORES/INVENTORY 251 54 GUILLEVIN INTERNATIONAL CO 387913 23-Sep-2015 STORES/INVENTORY 209.05 GUILLEVIN INTERNATIONAL CO 388313 07-Oct-2015 STORES/INVENTORY 768 17 HALCO MOBILE MFG SALES&SERVICE INC 387719 16-Sep-2015 CONTRACT SERVICES 282 50 HALCO MOBILE MFG SALES&SERVICE INC 387914 23-Sep-2015 MATERIALS 621 50 HAMMOND,TAMARA 387915 23-Sep-2015 REFUND 202 89 HATCH MOTT MACDONALD LTD 387720 16-Sep-2015 CONSULTING SERVICES 686.48 HATCH MOTT MACDONALD LTD 388314 07-Oct-2015 MATERIALS 9 892 60 HD SUPPLY POWER SOLUTIONS 388119 30-Sep-2015 MATERIALS 1.661 67 HEARN.NATASHA 387916 23-Sep-2015 REFUND 173 83 HENDERSON RECREATION EQUIPMENT LIMITED 387721 16-Sep-2015 MATERIALS 412 45 HERRING.DIANE 388315 07-Oct-2015 SERVICES 600 00 HEUSERS STEEL WORKS LTD 387722 16-Sep-2015 MATERIALS 23,633 95 HICKORY DICKORY DECKS NIAGARA 387723 16-Sep-2015 REFUND 1,000.00 HICKS MORLEY HAMILTON STEWART STORIE LLP 388316 07-Oct-2015 CONTRACT SERVICES 31 115.85 HODKIN,MARK 388317 07-Oct-2015 REFUND-SAFETY SHOES 150.00 HOLMAN,GEOFF 387724 16-Sep-2015 TRAVEL/MILEAGE 1.151.91 HOLMAN,GEOFF 388318 07-Oct-2015 TRAVEL/MILEAGE 88.56 HUDSON,JASON 387725 16-Sep-2015 MATERIALS 172 88 IBEC MACHINE KNIFE LTD 387917 23-Sep-2015 MATERIALS 218.09 IBI GROUP 387918 23-Sep-2015 MATERIALS 814 17 ICECO ADVANCED ARENA PRODUCTS 387726 16-Sep-2015 CONTRACT SERVICES 3.531.52 INDEPENDENT SUPPLY COMPANY 388319 07-Oct-2015 MATERIALS 58.65 INGERSOLL RAND 388320 07-Oct-2015 MAINTENANCE/REPAIRS 3,763.02 INTUITION LANDSCAPE 387727 16-Sep-2015 CONTRACT SERVICES 4,680.83 INTUITION LANDSCAPE 388120 30-Sep-2015 CONTRACT SERVICES 3,571 36 INTUITION LANDSCAPE 388321 07-Oct-2015 CONTRACT SERVICES 1.267 29 IOANNONI,CAROLYNN 388322 07-Oct-2015 REFUND 361 16 J&B PROCESS SERVING INC 387728 16-Sep-2015 MATERIALS 113 00 J&B PROCESS SERVING INC 388121 30-Sep-2015 MATERIALS 45 20 J.J. MACKAY CANADA LIMITED 387919 23-Sep-2015 CONTRACT SERVICES 53.20 J J MACKAY CANADA LIMITED 387729 16-Sep-2015 MATERIALS 1,602 29 JAMIESON.MARK 388323 07-Oct-2015 TRAINING-SKILLED TRADES GAS F 175 00 JONES,DEBRA 388324 07-Oct-2015 TRAVEL/MILEAGE-WORKSHOP AC 93 56 JUDGE,RICHARD, D 388122 30-Sep-2015 REFUND-PARKING TICKET 27 00 JUICE WILLIS ENTERTAINMENT 387730 16-Sep-2015 SERVICES 1,000.00 K L D CONSTRUCTION LTD 387733 16-Sep-2015 CONTRACT SERVICES 67,143.51 K.L D CONSTRUCTION LTD 388125 30-Sep-2015 MATERIALS 29.947 10 KAGAN SHASTRI BARRISTERS&SOLICITORS IN TRUST 388123 30-Sep-2015 CONTRACT SERVICES 4 373 10 KAPITANCHUK,JEFF 387920 23-Sep-2015 MATERIALS 162.72 KAUFMAN.KRISTIAN 388325 07-Oct-2015 REFUND 1.000.00 KAUPP ELECTRIC LTD 387921 23-Sep-2015 MATERIALS 323 18 KEITH'S PLUMBING&HEATING INC 387922 23-Sep-2015 CONTRACT SERVICES 44.203 67 KELLY DIGS LANDSCAPING 387923 23-Sep-2015 CONTRACT SERVICES 6,284.69 KELLY DIGS LANDSCAPING 388326 07-Oct-2015 CONTRACT SERVICES 26.256 32 KELLY DIGS LANDSCAPING 387731 16-Sep-2015 MATERIALS 1.553 75 KENNETH B HARRIS, 387821 23-Sep-2015 MATERIALS 862 87 KENWORTH TORONTO LID 387732 16-Sep-2015 STORES/INVENTORY 25 46 KERRY T HOWE ENGINEERING LTD 388124 30-Sep-2015 CONSULTING SERVICES 18.134.53 KINGHORN,MELISSA 387924 23-Sep-2015 REFUND 138 70 KIT CARE CORPORATION 388327 07-Oct-2015 STORES/INVENTORY 149 16 KIVISTO.CRAIG 387925 23-Sep-2015 MATERIALS 96 04 KNUDSEN.GUYLINE 387926 23-Sep-2015 REFUND 144 43 Page 6 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount KODIAK QUALITY CONTROL 387927 23-Sep-2015 MATERIALS 141 25 KOSKI,GREG 387928 23-Sep-2015 REFUND 189 69 KOSTELAE,LILLA 388328 07-Oct-2015 REFUND 56 00 KRAHN.FRANK 387734 16-Sep-2015 SERVICES 200.00 KRANZ,JANET&KRANZ, REINHARD 387929 23-Sep-2015 REFUND 28 45 KRAUS,STEVEN 387735 16-Sep-2015 REFUND 500.00 KRAWCZYK CONSTRUCTION MAINTENANCE INC 388126 30-Sep-2015 MATERIALS 16.031 73 KROWN 387930 23-Sep-2015 CONTRACT SERVICES 609 96 KROWN 388329 07-Oct-2015 CONTRACT SERVICES 723 20 KROWN 388127 30-Sep-2015 VEH ID#314 146.84 KRUMWIEDE-PARTEN,KYLE 387931 23-Sep-2015 REFUND 116 66 KUZYK,WENDY G 388128 30-Sep-2015 REFUND 121 25 LADOUCEUR.MELANIE 388129 30-Sep-2015 REFUND 490 79 LAERDAL MEDICAL CANADA LTD 387736 16-Sep-2015 MATERIALS 277 36 LAITAN HOLDINGS CORPORATION 387932 23-Sep-2015 MATERIALS 246.373 90 1 LAITAN HOLDINGS CORPORATION 388330 07-Oct-2015 MATERIALS 4.993 47 LAKE.DONNA 388130 30-Sep-2015 MATERIALS 860 21 LANDTEK LIMITED 387737 16-Sep-2015 MATERIALS 3.051 00 LAWNS AND MORE INC 388131 30-Sep-2015 CONTRACT SERVICES 6 371 25 LAWSON PRODUCTS INC 387933 23-Sep-2015 MATERIALS 1 433.12 LAWSON PRODUCTS INC 388132 30-Sep-2015 MATERIALS 2,352 64 LAWSON PRODUCTS INC 388331 07-Oct-2015 MATERIALS 228 60 LETOURNEAU,JOHN LOUIS CLAYTON 387934 23-Sep-2015 REFUND 175 94 LIFE SAFETY SECURITY INC 388134 30-Sep-2015 MATERIALS 33 938 65 LIFESAVING SOCIETY 387936 23-Sep-2015 MATERIALS 201 86 LIPPERT&WRIGHT FUELS INC 387739 16-Sep-2015 FUEL 21,022 73 LIPPERT&WRIGHT FUELS INC 388135 30-Sep-2015 FUEL 26,300 70 LIPPERT&WRIGHT FUELS INC 388332 07-Oct-2015 FUEL 2.647 76 LOW,JANICE 388136 30-Sep-2015 SERVICES 100 00 LUEY,CATHERINE 388137 30-Sep-2015 TRAVEUMILEAGE 206.32 LUNDY'S LANE BIA 387740 16-Sep-2015 REMITTANCE 64.153.25 M&L SUPPLY FIRE AND SAFETY 387750 16-Sep-2015 MATERIALS 70.825 80 MACKENZIE,DAVID 387741 16-Sep-2015 MATERIALS 200 00 MACLEOD,JOHN 387742 16-Sep-2015 MATERIALS 135.60 MAIN&FERRY BIA 387743 16-Sep-2015 REMITTANCE 41.250.00 MALIBU POOLS 387937 23-Sep-2015 MATERIALS 3.982.19 MALIBU POOLS 388138 30-Sep-2015 MATERIALS 22 54 MANDER,RICHARD 387938 23-Sep-2015 REFUND 125 25 MANN,COLLEEN 387939 23-Sep-2015 MATERIALS 65.00 MANOLESCU,THEODOR 387940 23-Sep-2015 MATERIALS 175 00 MANOR CLEANERS 387744 16-Sep-2015 MATERIALS 40 22 MARATHON DRILLING CO LTD 387745 16-Sep-2015 CONTRACT SERVICES 180.771 04 MARSHALL,RAYMOND 387746 16-Sep-2015 REFUND 75.00 MARSILLO,RITA 388139 30-Sep-2015 SENIOR TAX REBATE 40 00 MARTIN SHEPPARD FRASER LLP 387747 16-Sep-2015 CONTRACT SERVICES 6,083 33 MARTIN,WILLIAM 388334 07-Oct-2015 REFUND 750 00 MAYER,DON ALLEN 387941 23-Sep-2015 REFUND 10.57 MAYER,TIFFANY 387748 16-Sep-2015 SERVICES 50.00 MEDIA PRO INC 388335 07-Oct-2015 MATERIALS 103 96 MERCER(CANADA)LIMITED 387749 16-Sep-2015 CONSULTING SERVICES 26 160.18 MERIDIAN CREDIT UNION 387942 23-Sep-2015 REFUND 1 242 56 METAL SUPERMARKETS 387943 23-Sep-2015 CONTRACT SERVICES 1.935 73 METRO PLUMBING&HEATING 388140 30-Sep-2015 CONTRACT SERVICES 10.669.58 METRO PLUMBING&HEATING 388336 07-Oct-2015 CONTRACT SERVICES 13 954.89 MG PROMOTIONS 387944 23-Sep-2015 MATERIALS 52.34 MICHAEL'S CARPET AND FLOORING(NIAGARA)LTD 387945 23-Sep-2015 MATERIALS 5.100 39 MILLS,AARON 387946 23-Sep-2015 MATERIALS 172.88 MINISTER OF FINANCE 388141 30-Sep-2015 PAYROLL REMITTANCE 67.179 59 MINISTER OF FINANCE 388142 30-Sep-2015 PAYROLL REMITTANCE 3,824 34 MINISTRY OF ATTORNEY GENERAL 387947 23-Sep-2015 PAYROLL REMITTANCE 2,877 48 MINISTRY OF ATTORNEY GENERAL 388337 07-Oct-2015 PAYROLL REMITTANCE 2.632 92 MISTER TRANSMIISSION 388143 30-Sep-2015 VEH ID#113 476 27 MMC BUS DIVISION INC. 388144 30-Sep-2015 CONTRACT SERVICES 5.085 00 MODERN LANDFILL INC 387948 23-Sep-2015 CONTRACT SERVICES 2 996 93 MOHAWK MFG&SUPPLY CO 387751 16-Sep-2015 STORES/INVENTORY 53 68 MOHAWK MFG&SUPPLY CO 387949 23-Sep-2015 STORES/INVENTORY 214 85 MOHAWK MFG&SUPPLY CO 388145 30-Sep-2015 STORES/INVENTORY 706.63 MOHAWK MFG&SUPPLY CO 388338 07-Oct-2015 STORES/INVENTORY 100 98 MOLINARO.TERESA 388146 30-Sep-2015 MATERIALS 85.65 MONTROSE DENTAL 387950 23-Sep-2015 REFUND 206 07 MOROCCO,JOHN 387951 23-Sep-2015 TRAVEL/MILEAGE 20196 MORTON,DALE 387752 16-Sep-2015 MATERIALS 5763 MULLER'S WORKWEAR 387753 16-Sep-2015 MATERIALS 219 22 MULLER'S WORKWEAR 387952 23-Sep-2.015 MATERIALS 669 40 Page 7 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MULTISOLV INC 387754 16-Sep-2015 MATERIALS 166 58 MUNRO.CHERYL 388147 30-Sep-2015 REFUND 230 00 MYSTAGE 387755 16-Sep-2015 SERVICES 2.500 00 NADON,WILFRED 388339 07-Oct-2015 REFUND 500 00 NAGLE,RONALD WAYNE 388148 30-Sep-2015 REFUND 130 72 NASIRE,MOHAMMAD 387953 23-Sep-2015 REFUND 20 09 NEDERMAN CANADA LIMITED 388340 07-Oct-2015 CONTRACT SERVICES 444.20 NELSON J. ROLAND ARBITRATOR AND MEDIATOR 387954 23-Sep-2015 CONTRACT SERVICES 367 25 NEW FLYER INDUSTRIES CANADA ULC 387756 16-Sep-2015 STORES/INVENTORY 981.41 NEW FLYER INDUSTRIES CANADA ULC 387955 23-Sep-2015 STORES/INVENTORY 67 46 NEW FLYER INDUSTRIES CANADA ULC 388149 30-Sep-2015 STORES/INVENTORY 852 38 NEW FLYER INDUSTRIES CANADA ULC 388341 07-Oct-2015 STORES/INVENTORY 2.183 84 NEWLANDS,STEPHANIE&IAN 387956 23-Sep-2015 REFUND 241 73 NIAGARA ANALYTICAL LABORATORIES INC 387957 23-Sep-2015 CONTRACT SERVICES 941.29 NIAGARA ANALYTICAL LABORATORIES INC 388342 07-Oct-2015 CONTRACT SERVICES 535 62 NIAGARA AUTO&TRUCK SERVICE CENTRE LTD 388343 07-Oct-2015 CONTRACT SERVICES 175 15 NIAGARA BATTERY&TIRE 387958 23-Sep-2015 MATERIALS 4.310 62 NIAGARA BATTERY&TIRE 388344 07-Oct-2015 STORES/INVENTORY 4.694.63 NIAGARA BLOCK INCORPORATED 387757 16-Sep-2015 MATERIALS 525.39 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD EFT 30-Sep-2015 3RD QUARTER TAX LEVY 3,430,817 84 NIAGARA CHRYSLER DODGE JEEP 387959 23-Sep-2015 STORES/INVENTORY 1.340 36 NIAGARA CUSTOM POWDER COATING INC 387960 23-Sep-2015 MATERIALS 452.00 NIAGARA FALLS ART GALLERY 387961 23-Sep-2015 GRANT 2,250.00 NIAGARA FALLS ART GALLERY 387758 16-Sep-2015 SERVICES 500 00 NIAGARA FALLS HUMANE SOCIETY 387962 23-Sep-2015 GRANT 39.795.16 NIAGARA FALLS HUMANE SOCIETY 387759 16-Sep-2015 REMITTANCE 140.00 NIAGARA FALLS HYDRO HOLDING 387641 16-Sep-2015 SHORT TERM INVESTMENT 4.000.000.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 387963 23-Sep-2015 PAYROLL REMITTANCE 9.215 36 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 387964 23-Sep-2015 PAYROLL REMITTANCE 7.570.08 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 388345 07-Oct-2015 PAYROLL REMITTANCE 7.510.00 NIAGARA FALLS REVIEW 388349 07-Oct-2015 SUBSCRIPTION-6 MONTHS 390.69 NIAGARA FALLS TOURISM 387966 23-Sep-2015 GRANT 30.000 00 NIAGARA FALLS TOURISM 388151 30-Sep-2015 TIPP 4TH OF 4 INSTALL 45,200 00 NIAGARA FARM METAL PRODUCTS 387965 23-Sep-2015 MATERIALS 1 412.50 NIAGARA INSTRUMENTAL MUSIC 387760 16-Sep-2015 GRANT 550 00 NIAGARA LITERARY ARTS FESTIVAL 387967 23-Sep-2015 SERVICES 1 250.00 NIAGARA LOCATES 388152 30-Sep-2015 MATERIALS 293 80 NIAGARA METER SERVICES INC 388154 30-Sep-2015 CONTRACT SERVICES 4.068 06 NIAGARA METER SERVICES INC 388346 07-Oct-2015 CONTRACT SERVICES 6 223.59 NIAGARA OCCUPATIONAL HEALTH SERVICES 387968 23-Sep-2015 MATERIALS 225 00 NIAGARA ON THE LAKE HYDRO INC 387969 23-Sep-2015 UTILITIES 148 12 NIAGARA PARKS COMMISSION 387970 23-Sep-2015 ADULT WEGO 24HR 14,000.00 NIAGARA PARKS COMMISSION 387761 16-Sep-2015 WEGO CHARTERS 12,443 00 NIAGARA PENINSULA CONSERVATION AUTHORITY 388348 07-Oct-2015 ADMINISTRATIVE(CHIPPAWA BOAT 260.00 NIAGARA PENINSULA ENERGY INC 388155 30-Sep-2015 CONTRACT SERVICES 3,859.79 NIAGARA PENINSULA ENERGY INC 387762 16-Sep-2015 UTILITIES 32.261 71 NIAGARA PENINSULA ENERGY INC 387971 23-Sep-2015 UTILITIES 190,814 80 NIAGARA PENINSULA ENERGY INC 388347 07-Oct-2015 UTILITIES 99,911 61 NIAGARA PLUMBING SUPPLY 387699 16-Sep-2015 MATERIALS 6.923 06 NIAGARA PLUMBING SUPPLY 387894 23-Sep-2015 MATERIALS 6 575 47 NIAGARA PLUMBING SUPPLY 388105 30-Sep-2015 MATERIALS 1.405.04 NIAGARA REGION WIRE 30-Sep-2015 AUGUST WATER 2.195 524.25 NIAGARA REGION WIRE 01-Oct-2015 DEBENTURE 45-2011 1.033.952 12 NIAGARA REGIONAL BROADBAND NETWORK 387972 23-Sep-2015 MATERIALS 7 866.29 NIAGARA REGIONAL POLICE SERVICE 387973 23-Sep-2015 MATERIALS 50.00 NIAGARA REGIONAL POLICE SERVICE 387763 16-Sep-2015 SERVICES(WILLOUGHBY ARENA) 50 00 NIAGARA SPRING SERVICE LTD 387764 16-Sep-2015 STORES/INVENTORY 1.179 18 NIALUND PROPERTIES LIMITED 388153 30-Sep-2015 REFUND 1.599.28 NICK'S TRUCK PARTS INC. 388350 07-Oct-2015 MATERIALS 22 48 NICK'S TRUCK PARTS INC 387766 16-Sep-2015 STORES/INVENTORY 7 89 NICK'S TRUCK PARTS INC 388157 30-Sep-2015 STORES/INVENTORY 55 32 NICKS,JOAN 387765 16-Sep-2015 MATERIALS 600.00 NICKS.JOAN 388156 30-Sep-2015 SERVICES 500.00 NIKODEN.CHRISTINE 387974 23-Sep-2015 REFUND 369 95 NORJOHN CONTRACTING&PAVING LTD 387767 16-Sep-2015 CONTRACT SERVICES 435.336.26 NORJOHN CONTRACTING&PAVING LTD 388351 07-Oct-2015 CONTRACT SERVICES-2015-08 2015 479.600 97 NORTRAX CANADA INC. 388352 07-Oct-2015 MATERIALS 368.07 OATLEY,SHAWN 387975 23-Sep-2015 TRAVEL/MILEAGE 94 64 O'CONNOR MOKRYCKE CONSULTANTS 387976 23-Sep-2015 CONSULTING SERVICES 1,619.86 O'HARA TRUCKING&EXCAVATING 388158 30-Sep-2015 CONTRACT SERVICES 117.777 35 OMERS 388159 30-Sep-2015 PAYROLL REMITTANCE 623.675 46 OMERS 388160 30-Sep-2015 PAYROLL REMITTANCE 32,328.16 ONOFRIO CARL DAVID 387768 16-Sep-2015 SERVICES 100 00 ONTARIO CLEAN WATER AGENCY 387977 23-Sep-2015 MATERIALS 200.00 Page 8 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 387769 16-Sep-2015 MATERIALS 1.412 50 ORKIN CANADA CORPORATION 387770 16-Sep-2015 CONTRACT SERVICES 141.25 ORKIN CANADA CORPORATION 388161 30-Sep-2015 CONTRACT SERVICES 141.25 OSPREY MEDIA LP 388162 30-Sep-2015 REFUND 1 398 81 PAIEMENT,WILF 388412 07-Oct-2015 REFUND 669.56 PARIS EQUIPMENT MANUFACTURING LTD 387979 23-Sep-2015 MATERIALS 13,813 12 PARKWAY TOWING&STORAGE 387980 23-Sep-2015 MATERIALS 678.00 PARTY CONNECTION 387981 23-Sep-2015 MATERIALS 160.46 PATRIOT ENTERPRISES 387982 23-Sep-2015 MATERIALS 2.979 81 PC AUTO ELECTRIC 388163 30-Sep-2015 VEH ID#680 330 62 PEC ROOF MAINTENANCE 388354 07-Oct-2015 MATERIALS 4,364.96 PENINSULA ABSTRACT INC 387984 23-Sep-2015 MATERIALS 42.05 PENINSULA PEST CONTROL LTD 387772 16-Sep-2015 CONTRACT SERVICES 429 40 PENINSULA PEST CONTROL LTD 387983 23-Sep-2015 CONTRACT SERVICES 271 20 PENINSULA PEST CONTROL LTD 388164 30-Sep-2015 CONTRACT SERVICES 587.60 PENNER BUILDING CENTRE 388165 30-Sep-2015 MATERIALS 19 19 PERSONA ENTERTAINMENT 387985 23-Sep-2015 SERVICES 1 695 00 PETERSON COMMUNITY WORKSHOP 387774 16-Sep-2015 SERVICES 600 00 PIETRANGELO,NICK 388355 07-Oct-2015 MATERIALS 150.00 PINDERS LOCK AND SECURITY 387986 23-Sep-2015 CONTRACT SERVICES 184.36 PINERIDGE TREE SERVICE LTD 387987 23-Sep-2015 CONTRACT SERVICES 9,808.40 PINERIDGE TREE SERVICE LTD 387775 16-Sep-2015 MATERIALS 14,803.00 PLASTRUCT POLYZONE 387988 23-Sep-2015 MATERIALS 718.63 PLATA,BRYON 388356 07-Oct-2015 REFUND-SAFETY BOOTS 175 00 PLAYPOWER LT CANADA INC 387989 23-Sep-2015 MATERIALS 135.60 PORTAGE BAKERY INC 388357 07-Oct-2015 MATERIALS 210.00 POTTER,JIM 388166 30-Sep-2015 MATERIALS 150 00 PRAXAIR 387990 23-Sep-2015 MATERIALS 803.35 PREMIER EQUIPMENT LTD 388167 30-Sep-2015 VEH ID#284 426.52 PREVOST 387776 16-Sep-2015 STORES/INVENTORY 664.62 PREVOST 387991 23-Sep-2015 STORES/INVENTORY 750.64 PREVOST 388358 07-Oct-2015 STORES/INVENTORY 127 74 PRIME COMMUNICATIONS CANADA INC. 387778 16-Sep-2015 REFUND 500 00 PRINTING HOUSE LTD 387777 16-Sep-2015 MATERIALS 523.98 PRINTING HOUSE LTD 387992 23-Sep-2015 MATERIALS 238.48 PROFESSIONAL CARPET SYSTEMS 387993 23-Sep-2015 MATERIALS 4.512.46 PROJECT SHARE 387994 23-Sep-2015 GRANT 24.866.66 PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 387995 23-Sep-2015 CONTRACT SERVICES 154.221 23 PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 388168 30-Sep-2015 CONTRACT SERVICES 9.103.36 PROVINCIAL CONTRACTORS INC 388360 07-Oct-2015 MATERIALS 3,390.00 PROVINCIAL MAINTENANCE 388359 07-Oct-2015 MATERIALS 65,885 81 PROVINCIAL MAINTENANCE 387779 16-Sep-2015 REFUND 1.050 00 PUROLATOR COURIER 387780 16-Sep-2015 COURIER 188 18 PUROLATOR COURIER 387996 23-Sep-2015 COURIER 103.49 PUROLATOR COURIER 388170 30-Sep-2015 COURIER 141.09 PUROLATOR COURIER 388361 07-Oct-2015 COURIER 21 72 PVM HYDRAULICS LTD 388171 30-Sep-2015 MATERIALS 1 098 93 PVM HYDRAULICS LTD 387997 23-Sep-2015 VEH ID#404 731 46 QUIRING,THOMAS HENRY 388362 07-Oct-2015 REFUND 750.00 R.J. SMITH EQUIPMENT INC 388001 23-Sep-2015 MATERIALS 2 441 81 R.VV HAMILTON LTD. 388005 23-Sep-2015 MATERIALS 538.03 R.W. HAMILTON LTD 388181 30-Sep-2015 MATERIALS 152.07 RACO AUTO SUPPLY LTD 387781 16-Sep-2015 STORES/INVENTORY 3.96 RACO AUTO SUPPLY LTD 387998 23-Sep-2015 STORES/INVENTORY 497.47 RACO AUTO SUPPLY LTD 388363 07-Oct-2015 STORES/INVENTORY 813.99 RANKIN CONSTRUCTION INC 388172 30-Sep-2015 CONTRACT SERVICES 28 828 93 RANKIN CONSTRUCTION INC 388173 30-Sep-2015 CONTRACT SERVICES 8.755.33 RANKIN CONSTRUCTION INC 388364 07-Oct-2015 CONTRACT SERVICES-2015 ASPHAI 128,776.51 RBC 388365 07-Oct-2015 REFUND-WATER ACT PD IN ERROR 1,109.02 RBC LIFE INSURANCE COMPANY 388174 30-Sep-2015 REMITTANCE 1.539.39 REALTAX INC 388175 30-Sep-2015 MATERIALS 1.774 10 RECEIVER GENERAL 387999 23-Sep-2015 PAYROLL REMITTANCE 1.284 98 RECEIVER GENERAL 388000 23-Sep-2015 PAYROLL REMITTANCE 489,644 11 RECEIVER GENERAL 388366 07-Oct-2015 PAYROLL REMITTANCE 1.384.70 RECEIVER GENERAL 388367 07-Oct-2015 PAYROLL REMITTANCE 489.145 35 RED TRAC A DIVISION OF D&W GROUP INC 388368 07-Oct-2015 VEH ID#212 49.72 REGIONAL MUNICIPALITY OF NIAGARA 388369 07-Oct-2015 CONTRACT SERVICES 4.106.50 RICHARD CROSSMAN ENTERPRISES 388370 07-Oct-2015 MATERIALS 750 00 RICHARD CROSSMAN ENTERPRISES 388176 30-Sep-2015 SERVICES 750.00 RIVER REALTY DEVELOPMENT(1976) INC 388178 30-Sep-2015 REFUND 4.266.91 RIVERSIDE BRASS 388177 30-Sep-2015 MATERIALS 32544 ROBINSON,ERIC 388179 30-Sep-2015 REFUND 38 27 ROGERS WIRELESS INC 388002 23-Sep-2015 SERVICES 1,440 10 ROGERS WIRELESS INC 388180 30-Sep-2015 SERVICES 1.513.45 ' Page 9 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ROSS,TERESA 388003 23-Sep-2015 REFUND 227 36 I ROTELLA,DAVID 388004 23-Sep-2015 REFUND 1,774.40 SACCO CONSTRUCTION LTD 388371 07-Oct-2015 MATERIALS 6.591 52 SADOWSKI,LAURIE 388182 30-Sep-2015 SERVICES 75.00 SAFETY KLEEN SYSTEMS INC 388372 07-Oct-2015 STORES/INVENTORY 2,945 91 SAFETY MEDIA INC 388183 30-Sep-2015 MATERIALS 1.289.33 SANI GEAR 387782 16-Sep-2015 MATERIALS 416.12 SANI GEAR 388006 23-Sep-2015 MATERIALS 140 69 SANI GEAR 388185 30-Sep-2015 MATERIALS 314.71 SANI GEAR 388373 07-Oct-2015 MATERIALS 52.27 SASSAFRAS FARMS 388374 07-Oct-2015 MATERIALS 4.644 30 SCHINDLER ELEVATOR CORPORATION C/O T52649 387783 16-Sep-2015 CONTRACT SERVICES 2,874 72 SCHOLTENS.SOPHIA 388186 30-Sep-2015 SENIOR TAX REBATE 40.00 SCOTIABANK VISA BUSINESS CARD AUTO 07-Oct-2015 VISA PURCHASE CARD 181,278 63 SCOTT BEST SEWER SERVICES 387784 16-Sep-2015 CONTRACT SERVICES 339 00 SCOTT BEST SEWER SERVICES 388007 23-Sep-2015 CONTRACT SERVICES 169.50 SCOTT BEST SEWER SERVICES 388375 07-Oct-2015 CONTRACT SERVICES 3.378 70 SCOTT,CHRIS 388187 30-Sep-2015 MATERIALS 108.47 SEALER WORKS INC. 387786 16-Sep-2015 CONTRACT SERVICES 6,617.30 SEALER WORKS INC. 388008 23-Sep-2015 MATERIALS 466.13 SEAWAY FLUID POWER GROUP 387785 16-Sep-2015 MATERIALS 291.65 SEAWAY FLUID POWER GROUP 388376 07-Oct-2015 VEH ID#215 1,530.41 SEAWAY FLUID POWER GROUP 388188 30-Sep-2015 VEH ID#919 365.65 SENKERIK FIRE PROTECTION 388377 07-Oct-2015 MATERIALS 4.890.23 SERVICEMASTER CLEAN OF NIAGARA 388009 23-Sep-2015 CONTRACT SERVICES 6.273.76 SERVICEMASTER CLEAN OF NIAGARA 387787 16-Sep-2015 MATERIALS 632.80 SERVOS RUTH 388189 30-Sep-2015 REFUND 162.61 SEXTON,AARON 388010 23-Sep-2015 MATERIALS 100 00 SHAKEEL,TAYYABA 388011 23-Sep-2015 MATERIALS 58.00 SHARP,MIKE 388190 30-Sep-2015 MATERIALS 175.00 SHEEHAN'S TRUCK CENTRE INC 388012 23-Sep-2015 VEH ID#520 93.54 SHRED IT INTERNATIONAL ULC 388378 07-Oct-2015 CONTRACT SERVICES 108.16 SIGNATURE SIGNS 387788 16-Sep-2015 MATERIALS 158.20 SIGNATURE SIGNS 388191 30-Sep-2015 MATERIALS 847.50 SIGTRONICS US DRAFT 15-Sep-2015 PARTS 57.73 SIMPLISTIC LINES INC 388013 23-Sep-2015 MATERIALS 4,503.13 SIPKINS,HEATHER 387789 16-Sep-2015 REFUND 230.00 SISK.PETE 388192 30-Sep-2015 SERVICES 50 00 SJODIN,MARION S. 387790 16-Sep-2015 ADMINISTRATIVE 2.880.00 SKLERYK,KENNETH NORMAN 387791 16-Sep-2015 REFUND 750 00 SLEEK DEVELOPMENTS INC. 388379 07-Oct-2015 REFUND 6.444 53 SLUTE,EMERLEE 388380 07-Oct-2015 REFUND 750.00 SNAP NIAGARA FALLS 387792 16-Sep-2015 ADVERTISING 587 60 SNAP NIAGARA FALLS 388381 07-Oct-2015 ADVERTISING 293.80 SNEATH,BEVERLY 388193 30-Sep-2015 SERVICES 100.00 SOCIETY OF PUBLIC INSURANCE ADMINISTRATORS OF ONTARIO 387793 16-Sep-2015 TRAINING 120.00 SPECTRUM EDUCATIONAL SUPPLIES 388382 07-Oct-2015 MATERIALS 2,425.09 SPEEDPRO IMAGING 388194 30-Sep-2015 ADVERTISING 929.99 ST CATHARINES TRANSIT COMMISSION 388386 07-Oct-2015 CONTRACT SERVICES 360.00 ST JOHN AMBULANCE 388017 23-Sep-2015 GRANT 39,005.24 STAMFORD HOME HARDWARE 387794 16-Sep-2015 MATERIALS 78.99 STAMFORD LIONS CLUB INC 388196 30-Sep-2015 GRANT 4,000.00 STAMFORD MEDICAL CENTRE 388195 30-Sep-2015 REFUND 1,094.90 STANCO SIGNS INC. 388197 30-Sep-2015 MATERIALS 761.62 STANDISH,ROD 388383 07-Oct-2015 MATERIALS 100.00 STANGL'S ENVIRO LAWN CARE 388198 30-Sep-2015 MATERIALS 169.50 STAPLES ADVANTAGE 388015 23-Sep-2015 MATERIALS 773.97 STAPLES ADVANTAGE 388199 30-Sep-2015 STORES/INVENTORY 507.28 STAPLES ADVANTAGE 388384 07-Oct-2015 STORES/INVENTORY 1.770 40 STAR COLLISION SERVICE 388385 07-Oct-2015 VEH ID#22 993.27 STEVENSVILLE LAWN SERVICE INC 387795 16-Sep-2015 CONTRACT SERVICES 50,792.81 STEVENSVILLE LAWN SERVICE INC 387796 16-Sep-2.015 CONTRACT SERVICES 111,720 60 STICCA,JAMES 388387 07-Oct-2015 MATERIALS 135.59 STIRTZINGER,DIANA LYNN 388388 07-Oct-2015 REFUND 66.44 STITCH IT CANADA'S TAILOR 388016 23-Sep-2015 MATERIALS 82.43 STORAGE NIAGARA 388018 23-Sep-2015 CONTRACT SERVICES 536.75 STREAMLINE UPHOLSTERY INC 388200 30-Sep-2015 MATERIALS 235.00 STUART,DAVE 388019 23-Sep-2015 PETTY CASH 633.45 SUN LIFE ASSURANCE COMPANY OF CANADA WIRE 01-Oct-2015 OCTOBER PREMIUMS 399,427 10 SUN LIFE ASSURANCE COMPANY OF CANADA-BILLING AND CO 388391 07-Oct-2015 REMITTANCE 1,204 77 SUN MEDIA CORPORATION 388020 23-Sep-2015 ADVERTISING 8,985.77 SUNCOR ENERGY PRODUCTS PARTNERSHIP 387797 16-Sep-2015 FUEL 41.621 19 SUNCOR ENERGY PRODUCTS PARTNERSHIP 387798 16-Sep-2015 FUEL 1,674 55 SUNCOR ENERGY PRODUCTS PARTNERSHIP 388201 30-Sep-2015 FUEL 66.488 54 Page 10 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount SUNCOR ENERGY PRODUCTS PARTNERSHIP 388389 07-Oct-2015 FUEL 19 349.04 SUPERIOR LAUNDRY SERVICE LTD 388021 23-Sep-2015 CONTRACT SERVICES 85 88 SUPERIOR LAUNDRY SERVICE LTD 387799 16-Sep-2015 MATERIALS 10 17 SUPERIOR WHOLESALE FOODS 388392 07-Oct-2015 MATERIALS 859 30 TADDEO.FRANK 388022 23-Sep-2015 REFUND 69 50 TALK WIRELESS INC 388023 23-Sep-2015 SERVICES 691 56 TALK WIRELESS INC 388394 07-Oct-2015 SERVICES 1 753 49 TANASI.PAUL 388202 30-Sep-2015 TRAVEL/MILEAGE 27210 TAXITAB 388203 30-Sep-2015 SERVICES 6.740.23 TAYLORS WATER SERVICE 388204 30-Sep-2015 MATERIALS 75.00 TD CANADA TRUST 387800 16-Sep-2015 REFUND 448.70 TD CANADA TRUST 388205 30-Sep-2015 REFUND 83 53 TECHNICAL STANDARDS&SAFETY AUTHORITY 388024 23-Sep-2015 MATERIALS 257 08 TELUS COMMUNICATIONS COMPANY 388395 07-Oct-2015 SERVICES 8 545 74 TENAQUIP LIMITED 388025 23-Sep-2015 MATERIALS 618 33 TENAQUIP LIMITED 388206 30-Sep-2015 MATERIALS 22 68 TERANET INC 387801 16-Sep-2015 ADMINISTRATIVE 10 00C 00 THE SALVATION ARMY 388184 30-Sep-2015 REFUND 6 132 22 THISTLEWAITE YARDWORKS 388026 23-Sep-2015 MATERIALS 301 71 THOMAS,STACEY 387802 16-Sep-2015 SERVICES 550.00 THOMPSON,AARON 387803 16-Sep-2015 SERVICES 250.00 THYSSENKRUPP ELEVATOR 387804 16-Sep-2015 CONTRACT SERVICES 675 50 TIM HORTONS STORE#30 388396 07-Oct-2015 MATERIALS 108 80 TKACH,THOMAS F 388207 30-Sep-2015 REFUND 167 31 TOD.MATT 388398 07-Oct-2015 MATERIALS 900 00 TODD MORGAN HOLDING CORPO 388397 07-Oct-2015 REFUND 769 88 TOMAHAWK TREE SERVICE 388027 23-Sep-2015 MATERIALS 254 25 TOOLBOX 387805 16-Sep-2015 MATERIALS 510.69 TOP NOTCH PROMOTIONAL PRODUCTS INC 388208 30-Sep-2015 MATERIALS 2.064.13 TOPLIFFE,JEANETTE 388399 07-Oct-2015 MATERIALS 130 79 TORBRAM ELECTRIC SUPPLY 388028 23-Sep-2015 MATERIALS 55 09 TOROMONT INDUSTRIES LTD 388029 23-Sep-2015 VEH ID#214 20.088 71 TOROMONT INDUSTRIES LTD 388209 30-Sep-2015 VEH ID#535 968.82 TOROMONT INDUSTRIES LTD 388400 07-Oct-2015 VEH ID#571 331 00 TORONTO STAMP INC 388030 23-Sep-2015 MATERIALS 89 73 TRANSAXLE PARTS(HAMILTON)INC. 388401 07-Oct-2015 STORES/INVENTORY 176.41 TREBLAIRES LADIES SHOW CHOIR 387806 16-Sep-2015 SERVICES 200.00 TRIO CORN BIO 387807 16-Sep-2015 SERVICES 200 00 TRUGREEN 388031 23-Sep-2015 MATERIALS 404 65 TRUGREEN 388210 30-Sep-2015 MATERIALS 180 80 TRUGREEN 388402 07-Oct-2015 MATERIALS 331 09 TSALCHIEN-HUEI 388032 23-Sep-2015 REFUND 175 03 TSHIBANGU,MARTIN 387808 16-Sep-2015 REFUND 40 00 TYCO INTEGRATED FIRE&SECURITY 388211 30-Sep-2015 MATERIALS 223 75 UCC INDUSTRIES INTERNATIONAL INC 387809 16-Sep-2015 MATERIALS 26.776 48 ULINE CANADA CORPORATION 387810 16-Sep-2015 MATERIALS 600 22 UNITED WAY 388033 23-Sep-2015 PAYROLL REMITTANCE 1.087 50 UPS CANADA 388212 30-Sep-2015 COURIER 38 63 URBAN&ENVIRONMENTAL MANAGEMENT INC 388403 07 Oct-2015 CONSULTING SERVICES 1.590 48 VALLEN 388404 07-Oct-2015 MATERIALS 327 70 VALLONIO.ANTHONY 388405 07-Oct-2015 MATERIALS 134 46 VALUE MUFFLER&BRAKE CENTRE 388406 07-Oct-2015 VEH ID#141 33 90 VAN HOUTTE COFFEE SERVICES INC CO 38 387811 16-Sep-2015 MATERIALS 109.89 VICTORIA CENTRE BIA 387812 16-Sep-2015 REMITTANCE 116 500 00 VITTIE.JANET 388407 07-Oct-2015 TRAVEL/MILEAGE 76.68 VUKMANICH,ROSE 388213 30-Sep-2015 REFUND 1.669 20 WAJAX EQUIPMENT#30 388034 23-Sep-2015 VEH ID#214 7.293 95 WAJAX EQUIPMENT#30 388214 30-Sep-2015 VEH ID#214 5.840 36 WAJAX EQUIPMENT#30 388408 07-Oct-2015 VEH ID#214 4.476 83 WAJAX POWER SYSTEMS 387813 16-Sep-2015 STORES/INVENTORY 4,706.76 WALKER AGGREGATES INC 387814 16-Sep-2015 MATERIALS 4,490 98 WALKER AGGREGATES INC 388035 23-Sep-2015 MATERIALS 3.656.54 WALKER AGGREGATES INC 388215 30-Sep-2015 MATERIALS 3 450 59 WALKER AGGREGATES INC 388409 07-Oct-2015 MATERIALS 2 293 36 WAMPUM SHOP 388037 23-Sep-2015 MATERIALS 3 500 00 WELDDARE METAL WORKS LTD 388039 23-Sep-2015 CONTRACT SERVICES 885 92 WELLAND AUTO MARINE 388038 23-Sep-2015 CONTRACT SERVICES 2 709 76 WESCO DISTRIBUTION CANADA INC 388410 07-Oct-2015 STORES/INVENTORY 2 491 61 WILLOUGHBY VOLUNTEER FIREFIGHTERS'ASSOCIATION 388217 30-Sep-2015 LEASES AND RENTS 21.187 50 WINTER FESTIVAL OF LIGHTS 387816 16-Sep-2015 GRANT 150.000 00 WINTER FESTIVAL OF LIGHTS 388041 23-Sep-2015 GRANT 20,166 67 WINTER FESTIVAL OF LIGHTS 388224 05-Oct-2015 GRANT 150.000 00 WM. PETRIE&SONS CONTRACTING 388042 23-Sep-2015 MATERIALS 4.508 70 WOLSELEY CANADA INC 387817 16-Sep-2015 MATERIALS 111 87 1 Page 11 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount WOLSELEY CANADA INC. 388218 30-Sep-2015 MATERIALS 200.01 WOMEN'S PLACE OF SOUTH NIAGARA INC 388043 23-Sep-2015 GRANT 1,612 50 WORK AUTHORITY 387818 16-Sep-2015 MATERIALS 1.050 00 WSIB 388220 30-Sep-2015 PAYROLL REMITTANCE 783.19 WSIB 387819 16-Sep-2015 REMITTANCE 26,879.90 WSIB 388219 30-Sep-2015 REMITTANCE 19,369.85 WSIB 388413 07-Oct-2015 REMITTANCE 26,248 46 WTH CAR RENTAL ULC 388044 23-Sep-2015 REFUND 40.00 WYLIE,BRENDA 388221 30-Sep-2015 PETTY CASH 809.10 XPLORNET COMMUNICATIONS INC 388045 23-Sep-2015 SERVICES 643.76 YELLOW PAGES GROUP 388046 23-Sep-2015 ADVERTISING 519.30 YELLOW PAGES GROUP 388414 07-Oct-2015 ADVERTISING 179.11 YETMAN,ADAM 388047 23-Sep-2015 MATERIALS 175.00 YMCA OF NIAGARA 388048 23-Sep-2015 CONTRACT SERVICES 4.529 10 YMCA OF NIAGARA 387820 16-Sep-2015 MATERIALS 8.781 94 YMCA OF NIAGARA 388415 07-Oct-2015 SERVICES 2,792.99 YWCA NIAGARA REGION 388049 23-Sep-2015 GRANT 4,277 75 ZAMBONI COMPANY LTD 388222 30-Sep-2015 VEH ID#919 287.63 _ ZAMBONI COMPANY LTD 388050 23-Sep-2015 VEH ID#921 2,148.14 Total 28,854,826.70 • FS-2015-09 NiagaraJalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2015-09 Fire Department Training on Niagara Parks Lands RECOMMENDATION That the Mayor and Clerk be authorized to execute the agreement with the Niagara Parks Commission to allow Fire Department training activities on Parks Commission property. EXECUTIVE SUMMARY The Niagara Parks Commission (NPC) has reviewed its risk management policies and determined that additional control measures are required for outside agency activities on NPC property. An agreement has been created and presented to the Fire Chief for consideration. It is not anticipated to negatively impact our current training operations. BACKGROUND The Niagara Falls Fire Department (NFFD) has trained for emergency responses on Niagara Parks Commission property for years. This training is essential to prepare for vertical and high angle rescues from a wide variety of terrain. Training includes swift water areas of the Niagara River both above and below the falls (class 5 rapids), vertical rappelling on sheer rock cliffs, slope rescue along jagged and loose rock talus slopes and searches through a variety of challenging vegetation and topography. The NFFD works closely with the Niagara Parks Police and other emergency services to ensure training for responses is coordinated and seamless. With multiple agencies on these rescue scenes, the NFFD is the primary agency for rescues. ANALYSIS The agreement does not change any of the current operational protocols between response agencies. Patient outcomes and safety of responders are of utmost concern during rescues, especially in challenging areas like the Niagara Gorge. The agreement will allow us to continue to work closely with our emergency response partner agencies to provide professionalism and best case results. 2 FS-2015-09 October 27, 2015 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There will be no direct financial implications from this agreement, as written. CITY'S STRATEGIC COMMITMENT The agreement will provide for continued response capabilities for emergencies, reducing municipal liability and providing for a safe and healthy community. LIST OF ATTACHMENTS 1. Photos of Emergency Response Operations on Niagara Parks Lands Recommended by: Lee Smith, Fire Chief Respectfully submitted: 1%4a—frk\k Ken Todd, Chief Administrative Officer L. Smith:tc Attach. .*.;.,. . "1014#' 7,if '''' 444;ilithib,._'' `� d .,,,.ate- \','‘.3.'V''7,:.7',.' 4• ,,"„:4' 47 . ;- -t a f. 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" .., -r- , .:' As `� + ' , to` � iAleic k ;s 7,ra,5'� 'r '' a.. '.:-,::',''':.; '''''.; aSti; J ,; -.fie I '--.,,L4 4,- �r' $v 3 �" ,.,•;.... ewkl� r :-.4:4-pirlev,:,, ! •,,,,, r # " i. '`` 1=-''J--7 ice+ 2.•�`,. ,�b4 fir -, .. PBD-2015-47 Niagara a1Is October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-47 AM-32/2005, Zoning By-law Amendment Application Chippawa West Phase 2 — Stage 3 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 part of 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 3), consisting of 43 lots for single detached dwellings, 13 lots for 26 semi- detached dwelling units and 10 blocks for 47 townhouse dwelling units. • 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. Three stages have been registered already and the current stage providing 43 lots for single detached dwellings, 13 lots for 26 semi-detached dwelling units and 10 blocks for 47 townhouse dwelling units is intended to be registered later this year. Schedule 2 illustrates the proposed stage. 1 2 PBD-2015-47 October 27, 2015 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 lands in this phase 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 116 dwelling units. 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 late this year and will assist in providing servicing capacity for the balance of the subdivision. As can be seen in the attached subdivison plan, this stage of the Chippawa West Phase 2 development will see the extension of Emerald Drive to Willick Road to provide a second means of public access into this subdivision. This will address the concerns of residents in the earlier stages of this development about having only one road to access the subdivision. CITY'S STRATEGIC COMMITMENT The request does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Proposed Subdivision Recommended by: % ` �� ' ` Alex Herlovitch, Dire'''.r 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-2015-47 October 27, 2015 SCHEDULE 1 LOCATION MAP Subject Land f ) tQ� 1:4706 14347 L77 ay S4{y MANA1 51 ,414 OR v+ C./ CIHHMQNbA sr o "TON GR <q § WILLIICK RD Amending the Zoning By-law No. 79-200 August 2015 Location: Chippawa West Phase 2 Stage 3 Subdivision Applicant: Queensway Chippawa Properties Inc. Am-32/2005 4 PBD-2015-47 October 27, 2015 SCHEDULE 2 S „°-,.,,,r ei •;- 7,,,,, , , , I. , 4,- .” a." ' / %sr ... 3, # 4 i ie ....., ' #•,,_......v....° ...., "13- ,'... .4,—.... ,7 ....'„ 4A-y,,,. 4, s...4, ,4 , , •.' e , ,„,„,....,,,, , ik .....# 4., ..-. . ., i -... i a• 11LOCK GI ,a At 4, 41 wart ...,,,, .,,,... ..., ... * t 412. *2.66 . asjba zs , 22 8 2A ,. ILOCX 46 , ..* —."'7',.."-'' igs,4*---; --- ELIPWAY 1, -:::* 5 7 $ 47 CSE i i P fiq 111 I ,.°". si Iff , f :1 53 f, - Ii .... •°i 4,, *,......-"! ....... , ! a 1 a a -- a, a .a.' a. aa 1 ' — tF - SHUTTLEWCRTI, DRIVE .23 --7—.• i — --' T ,.... - 4- ... Cir, 1:11,/ . '410 42 0 43 0 44. 45 42 0 47 0 48 0 aLocK so 11 et=le ,.. 'was 56 111.068 57 i I '.... M. 4 i 1 i t ..;g - • I /I gr • *t PBD-2015-50 Niagarap11s October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-30 26T-11-2001-04, Extension to Draft Plan Approval Draft Plan of Subdivision Miller Estates South Subdivision Owner: FKS, The Real Estate People Inc. & 1162641 Ontario Limited RECOMMENDATION That Council grant an extension to draft plan approval for the Miller Estates South Plan of Subdivision until October 27, 2017. EXECUTIVE SUMMARY The Miller Estates South Subdivision was draft approved on October 23, 2012. Draft approval is due to expire on November 15, 2015. The owners have requested a two (2) year extension to draft plan approval to allow additional time to fulfill the conditions of draft approval. These conditions include obtaining a Provincial Order in Council for a stormwater easement crossing Niagara Parkway. Extensions to draft plan approval are typically only given for a year at a time. An extension of two (2) years can be supported due to the circumstances related to obtaining the Order in Council. This should provide sufficient time to clear the conditions. The conditions of draft approval still conform to City regulations. BACKGROUND On October 23, 2012, Council granted draft approval to the Miller Estates South Plan of Subdivision, consisting of 12 lots for single detached dwellings. Draft approval came into effect on November 15, 2012. The location of the subdivision is shown on Schedule 1. The layout of the subdivision is illustrated on Schedule 2. Draft approval for subdivision applications is typically given for three years. Approval lapses after three years unless an extension is granted by Council as permitted under the Planning Act. ANALYSIS The owners have submitted a request for an extension to draft plan approval for a period of 2 years (see attached letter). Draft approval was given subject to 42 conditions (see Appendix B), of which the majority have been fulfilled. 2 PBD-2015-50 October 27, 2015 One outstanding condition of the Niagara Parks Commission (No, 30) requires an easement in favour of the City across the Niagara Parkway to accommodate the conveyance of stormwater from the subdivision to Niagara River. Creation of this easement has started, however, the Niagara Parks Commission will need to obtain a Provincial Order in Council to advance the easement. A request has been submitted to the Province. It is expected to take around 6 months to obtain the order, although it could take longer. To allow for the processing of this Order and any unexpected delays, the applicant has requested draft approval be extended for two (2) years. The Region of Niagara, Niagara Parks Commission and City departments were circulated the request. The Region and Niagara Parks Commission commented that they have no objections to an extension of the draft approval for up to two (2) years and they have no new conditions to impose. There are no changes to the City's policies or practices that would result in changes to the conditions of subdivision approval. City policies and procedures allow for the granting of extensions to draft approval for a one (1) year period. In this case, there is uncertainty about when the Order in Council will be obtained, and this is beyond the control of the applicant and the City. Therefore, it would be appropriate to grant a longer extension period of two (2) years as an exception. This should provide sufficient time to allow for the lifting of the Order and delivery of the necessary clearance letter to the City, and to clear the remaining conditions. LIST OF ATTACHMENTS y Schedule 1 — Location Map ➢ Schedule 2 — Draft Plan of Subdivision P Appendix A— Letter from Applicant's Lawyer > Appendix B — Conditions of Draft Approval Recommended by: ` 1 Alex Herlovitch, Direct r of Planning, Building & Development ) ) Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:bm Attach. S.\PDR\2015\PBD-2015-50.EXTENSION OF DRAFT PLAN APPROAL-DRAFT PLAN OF SUBDIVIISON,MILLER ESTATES SOUTH SUBDIVISION DOCX 3 0 c t oPbBe D- 0 r 27,2 15- 0 2015 5 Plan SCHEDULE1 Miller Estate-s (South) of Subdivision Parkway of Miller20o1-04Raonad-a A' West of Niagara M- 15/2001 Loc South Side Files: 26T-_i 1- ------T - 4 --, --i-'- L4- a:17n.s, Ma_._p_ 1 ; RD ii----7--''1,_it'--____,------, • - . ig • • i 1 F1,.----- ' ' 7 '. , . [ . - - ,,„ , -„, . --- • .' ' ' - -_, 47 , • . -4- . , _-- - - ' „.„------ -.„_.__. - __• 4.., r' - -- ift, --- If s4obiect Ltilld 4 PBD-2015-50 October 27, 2015 SCHEDULE 2 N 004 i , I r ,- 4 ( 11 \ /' /i , .. a M i r • 'SI ; 4k YiMy Z .' ' f 4 - j ' , ' , S , a I I, j / aT F � I isift0 4" ,' ,,, /r lar, ' 1 ' t _i 8-02 13 Mi. n 1`t, i .. 1 # • I",% 1 ' , l^ p , ` • I •r►`iT f - i 4 rs— 'ftfir-- — — -- — — — _. __ --- —. ..- -- -- -- I' a 5 PBD-2015-50 October 27, 2015 APPENDIX A Salami BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N.SINCLAIR,Q.C. Barrister& Solicitor brianabbriansinclair.com 5627 Main Street Niagara Falls,ON L2G 5Z3 Telephone: 905-354-0523 Facsimile: 905-354-2576 August 28, 2015 Attention: Andrew Bryce City of Niagara Falls Planning, Building & Development 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Andrew Re: Draft Plan of Subdivision Owner: FKS, The Real Estate People Inc. and 1162641 Ontario Limited City File: 26T-11-2001-04 Thank you for your letter dated August 21st. I enclose herewith a cheque for $1,000.00, payable to the Corporation of the City of Niagara Falls and a cheque payable to the Regional Municipality of Niagara for$1,000.00, representing the money required to extend the above draft plan approval. The reason for the extension is the required approval of the Niagara Parks Commission which we thought was ongoing but it ran into some minor problems. We have to get approval from the Ontario Government which we have not been able to get as of this time. We hope to have this very soon and this is the only reason that we require the extension. If you require anything further, I would be pleased to supply it. 6 PBD-2015-50 October 27, 2015 - 2 - You can confirm with the Parks Commission that we have not yet received the final approval for the required right of way. Yours Faithfully, BRIAN SINCLAIR PROFESSIONAL CORPORATION . ,. 1 LAIR, Q.C. BNS/mv Enclosure Cc: Kathy Dudla Alex Herlovitch Ken Mech Pamela Bunnin -Parks Commission Zak Ali Recognized by the Law Society for 5o years of service 7 PBD-2015-50 October 27, 2015 APPENDIX B • Conditions for Draft Plan Approval 1. Approval applies to the Miller Estates (South) Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated December 19, 2011, showing 12 lots for single-detached dwellings and 1 block for stormwater management. 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) rural roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 15 metre legs at the intersection of Miller Road and the two intersecting roads; (c) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (d) dedication of a 1.52 metre road widening to the City along the south side of Miller Road; and (e) 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, including a physical and chemical soil analysis, prepared by a Soils Consultant to the City for review and approval. Such report shall identify any service construction constraints which may vary from the standard construction process. 6. The developer construct a stormwater management system in accordance with City standards that includes the following: (a) a stormwater detention facility within Block 13 that is designed to retain flows up to a maximum one hundred year return storm that would be conveyed from the tributary development area. (b) a closed pipe system that is designed to carry flows, to a maximum five year return design storm, from the stormwater detention facility directly to the Niagara River along Miller Road. 8 PBD-2015-50 October 27, 2015 7. That the applicant reinstate the swale on the south side of Miller Road, after construction of the above noted closed pipe system, in a manner that achieves positive drainage to an outlet to Niagara River, or constructs a system to drain this swale to the satisfaction of Municipal Works Section. 8. The developer submit servicing plans showing road widths/curb radii to Fire Services for review and approval. 9. The stormwater retention pond be designed to provide water supply for fire fighting purposes by means of a dry hydrant as recommended in NFPA #1142, to the satisfaction of Fire Services. 10. Parking restrictions be placed on both sides of the road as necessary to provide an unobstructed 6.5 metre access for fire apparatus and operations. No parking signage signs are to be secured at the developer's cost through the subdivision agreement. 11. The developer pay the Development Charges, per By-law No. 2009-120 as amended, at the time of execution of the Subdivision Agreement and at the building permit application stage. 12. The developer pay the City cash-in-lieu of 5% parkland dedication. 13. Should any landscape features be proposed, the developer provide a Landscape Plan prepared by a Landscape Architect as necessary to the satisfaction of Parks Design. 14. The developer contribute funds to provide boulevard trees in accordance with City policy. 15. The developer provide tender documents and digital data in accordance with the Niagara Peninsula Standard Contract Document format and the Regional Niagara CAD standards to be submitted to the City for compliance to current PSAB requirements. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer receive final approval pursuant to the Planning Act for the related Official Plan and zoning by-law amendments to provide land use policies and regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By-law. 9 PBD-2015-50 October 27, 2015 19. The developer provide five copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 20. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication/ telecommunication infrastructure. If the developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (ie. 911 Emergency Services). 21. 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. 22. 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). 23. 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. 24. 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. 25. 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. 26. The applicant acknowledge that all construction traffic is to utilize Sodom Road to Marshall Road, at which point drivers can proceed north on Willoughby Drive to 10 PBD-2015-50 October 27, 2015 Miller Road and that the subdivision agreement contain provisions implementing this route. 27. The Miller Road/Niagara Parkway intersection be improved at the developer's cost to Ontario Provincial Standards including concrete curbs. 28. Sediment control devices be erected and maintained according to Ministry of the Environment Standards during the construction phase prior to stormwater reaching Niagara Parks Commission lands. 29. The proposed catch basin - manhole grate located on the south side of Miller Road at the Niagara Parks Commission boundary be positioned to the satisfaction of the Niagara Parks Commission. 30. Legal documentation, surveys and drawings for stormwater easements in the name of the City of Niagara Falls be secured through the subdivision agreement for the new culvert and outlet across Niagara Parks Commission lands. 31. That the PSW and associated 30 metre buffer be placed in a restricted zone category to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA) to ensure no development is permitted within the PSW or the buffer. 32. That a landscape plan be submitted for review and approval by the NPCA which shows a 30 metre buffer of the PSW be planted with low maintenance native flora and stormwater ditching and swales be planted with native grasses and wetland tolerant species as per the recommendations of the Environmental Impact Statement submitted with the application. 33. That a hydrogeology study addressing risk to neighbouring well water supplies (including a water well survey for dug wells and shorewells) be submitted to the NPCA for review and approval on behalf of the Region as per the Memorandum of Understanding (MOU). 34. That prior to approval of the final plan or of any on-site grading, the owner shall submit to the NPCA for review and approval two copies of a detailed stormwater management plan for the subdivision and associated works and the following plans designed and sealed by a professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Guidelines for New Development Quality, May 1991: (a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and, (b) Detailed erosion and sedimentation control plans. 11 PBD-2015-50 October 27, 2015 35. That the Owner and the Municipality enter into an agreement which places a conservation easement on the Provincially Significant Wetland (PSW) and its associated 30 metre buffer as shown on lots 1 to 4 inclusive of the draft plan to address protection of the PSW. 36. That a warning clause be included in offers of purchase and sale by the developer and future land owners advising the lands are subject to a conservation easement which prohibits development, construction, placement of buildings, structures or fencing, alterations, grading, tree removal, grass cutting, clearing, filling or removal of earth or stone or dumping of refuse within the environmental features and associated buffers on the land. 37. That the applicant submit for review and approval to the Niagara Regional Public Works Department a detailed engineering and drainage report that describes the stormwater management techniques to be incorporated into the subdivision. Stormwater must be directed away from sewage system envelopes and an indication must be given as to the proposed methods of controlling and minimizing the effects of stormwater on downstream areas during and after construction. 38. That the applicant submit for review and approval by Niagara Region Public Works Department the individual lot grading plans providing a building envelope, a sewage envelope (including spare area) and backyard amenities envelope. The building envelope shall be no less than 370 square metres and the sewage system envelope, including the spare area, shall have a minimum area of 2500 square metres. The on-site sewage systems for the proposed lots are based on the installation of conventional sewage systems only, not the use of tertiary treatment units (i.e. Waterloo Biofilter), which are optional. It should also be noted that the leaching beds for this site will be fully raised due to the clay soils (1.2 metres above existing grades). The grading plan, location of the building envelope and the location of the sewage envelope shall meet the approval of Niagara Region Public Works. 39. That the applicant submit on one plan or on a set of transparent overlays, all at the same scale, the following information to the satisfaction of Niagara Region Public Works Department: (a) All the proposed lots and their sizes; (b) Lot building envelopes, accessory building envelopes and sewage disposal envelopes including 100% spare area; (c) the final approved grade plan; (d) the final approved drainage plan; (e) the staging formula (if applicable); 12 PBD-2015-50 October 27, 2015 (f) the location and type of water supply. 40. That the applicant submit to the Niagara Region Public Works Department for review and approval the specific septic bed designs and calculations prepared and certified by a professional engineer for each lot in the subdivision. 41. That the subdivision agreement between the applicant and the City of Niagara Falls contain wording suitable to Niagara Region Public Works concerning the matters listed below: (a) A sewage permit is required for the construction of a septic system on any building lot from Niagara Region Public Works prior to any Building Permit being issued by the municipality. (b) That no buildings, materials or construction equipment except that necessary to build a sewage system be permitted with the sewage envelope including the spare area. This restriction shall be registered on title of each individual lot. 42. That the drainage plan required in Condition No.37 be implemented (under the supervision of a professional engineer) to the satisfaction of the Niagara Region Public Works Department and the City. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Bell Canada for Condition 20 Canada Post for Conditions 21 and 22 Enbridge Gas Distribution Inc. for Conditions 23, 24 and 25 Niagara Parks Commission for Conditions 26 to 30 Niagara Peninsula Conservation Authority for Conditions 31 to 35 inclusive - Regional Municipality of Niagara for Conditions 37 to 42 inclusive - PBD-2015-53 NiagaraJalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-53 Brownfield Tax Assistance and Rehabilitation Grant Application Thorold Stone Road Extension at Stanley Avenue (Cytec Lands) Applicant:Falls Community Developmentlnc. (DiCienzo & NovaCore) RECOMMENDATION That Council support the Brownfield rehabilitation and redevelopment of the Cytec Lands located east of Stanley Avenue along the Thorold Stone Road extension subject to the assumption of ownership by Falls Community Development Inc. and subject to meeting the program requirements of the Brownfields Tax Assistance and Rehabilitation Grant application including entering into an agreement with the City. EXECUTIVE SUMMARY Falls Community Development Inc. has entered into an Agreement of Purchase and Sale with Cytec Canada Inc. for the lands located east of Stanley Avenue along the Thorold Stone Road extension subject to a condition that the "Purchaser may obtain satisfactory assurances that the City Council of the Corporation of the City of Niagara Falls will honour Community Improvement Plan incentives satisfactory to the Purchaser after the Closing Date". The project is within the Brownfield Pilot Project Area and is eligible to apply for incentives under the Brownfields CIP which encourages the remediation and redevelopment of contaminated sites. The remediation and redevelopment of this project area is encouraged and would be a significant economic benefit to the City. Staff supports the proposed project for remediation and will continue to work with the proponent through the Brownfields Incentive Programs application process to achieve its ultimate redevelopment. BACKGROUND An application under the Brownfields Community Improvement Plan for the Cytec Lands located east of Stanley Avenue along the extension of Thorold Stone Road (see Appendix 1) has been submitted to the City. The applicant, Falls Community Development, submitted the application in advance of finalization of an agreement of purchase and sale with Cytec Canada Inc. in order to seek Council support for the incentive programs as 2 PBD-2015-53 October 27, 2015 they apply to these lands. (Falls Community Development will assume complete ownership of the parcels once a Record of Site Condition has been acknowledged by the Ministry of the Environment.) Council's support would provide the applicant with assurances that, subject to the program requirements being met, some of the remediation costs associated with the cleanup of the lands would be offset through the Brownfields incentive programs. The lands total 31.2ha (77 acres) and are located north and south of the Thorold Stone Road extension currently under construction and are adjacent to the Gale Centre. A Pilot Project Area Environmental Summary Report, commissioned by the City and prepared in March 2005, identified areas of moderate to high levels of environmental concerns on the subject lands. Contamination of the lands from past industrial uses include: metals, pH, Petroleum Hydrocarbons (PHC), Polycyclic Aromatic Hydrocarbons (PAH) and Volatile Organic Compounds (VOC) in the soil and groundwater. Prior to any redevelopment remediation of the lands from these contaminants is required. It is the applicant's intent to redevelop the lands into light industrial/employment uses as permitted in the City's current Planning documents. The project area is divided by the Thorold Stone Road extension and a Hydro Corridor into four (4) parcels. A total of 12 development lots ranging from 0.76ha (1.9 acres) to 1.59ha (3.95 acres) in size is ultimately envisioned. (See Appendix 1.) ANALYSIS/RATIONALE Remediation and redevelopment of these lands was envisioned by the Brownfield Community Improvement Plan (2006) and with the Thorold Stone Road extension and the development of the Gale Centre the potential for redevelopment has greatly improved. This proposal, at build out, will establish light industrial uses in an area that has been vacant for some time. There is a significant economic benefit with the redevelopment of the subject site. The financial incentives available under the Brownfields CIP include an environmental study grant, a tax assistance program and rehabilitation grant. The tax assistance program is not included within the application. The attached flow chart (Appendix 2) outlines the CIP eligibility associated with the stages of remediation and redevelopment. Under the ownership of Falls Community Development a completed application for Environmental Study Grants and the Rehabilitation Grant Program can be assessed. This Rehabilitation Grant Program will include an analysis of eligible costs and anticipated tax rebate grants. The application will require final approval from Council and the City will enter into an agreement with the Owners subject to the provisions of the program. The subject lands are divided by the extension of Thorold Stone Road and a Hydro Corridor resulting in four separate parcels. It is anticipated that development will proceed in separate phases over these parcels due to the differing levels of contamination and 3 PBD-2015-53 October 27, 2015 build out. According to the applicants, the following work plan is envisioned and is illustrated on Appendix 2: Parcels south of Thorold Stone Road: • A Certificate of Property Use/Record of Site Condition has been obtained • The risk management/remediation required has not been implemented • Upon closing of the purchase agreement, a Planning application for site plan/plan of subdivision or condominium will be submitted for approval • Based on the approved design, the risk management implementation/remediation will begin (time estimate: 2 years) • Estimate build out is 5 years • Total time estimated 8 years. Parcels north of Thorold Stone Road: • A risk assessment to be completed (started within 6 months of closing and taking 2 years to complete) • A Certificate of Property Use/Record of Site Condition to be obtained. • Planning process to be initiated (site plan or plan of subdivision/condo) • Estimated build out is 8 years • Total time estimated is 14.5 years. The tax rebates offered would begin after completed build out and the applicant has paid the reassessed taxes in full. Development of the lands will be still subject to the planning process such as a plan of subdivision or condominium for lot creation or site plan control. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The financial implications to the City in supporting the proposed rehabilitation project can be broken down into two components: 1. An environmental study grant (maximum of $20,000). 2. A tax increment based rebate based on the increase of taxes from pre to post development over an established time period. The Niagara Region will share in the cost of this grant proportionally. Under the City's current Development Charges By-law, industrial uses are exempt from development charges. Non-industrial uses may also be exempt for up to 100% where smart growth design criteria are met. Eligible exemptions are applied against the Brownfield Rehabilitation Grant to be paid. 4 PBD-2015-53 October 27, 2015 CITY'S STRATEGIC COMMITMENT The City's Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment into the City. LIST OF ATTACHMENTS Appendix 1 — Redevelopment Concept Plan Appendix 2 — Flow Chart — Stages of Remediation and Redevelopment Recommended by: �.< - fi- Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 1.2-14-A1-4*1( p Y Ken Todd, Chief Administrative Officer F.Berard i/J.Barnsley:gd Attach. S:\COMMUNITY IMPROVEMENT PLANS\APPLICATIONS\BROWNFIELDS\Cytec\PBD-2015-,Brownfield Tax Assist&Rehab Grant, Falls Community Dev Oct 16th.docx 5 PBD-2015-53 October 27, 2015 APPENDIX 1 F7, .---- -..-.--. Ca. — •D - I • ' J'IrQi,4-:;,,,, 11cb,__ s--- - 1 .//' ,,,,,„:-., . .. / . . .. . . . . •).1:„ { ' '',g-ti. ' ' I 7..•:44, .- * / / — - - 7., ;.,.1j4...140::,•w,''fiej':+:;.c,.f. A ttI -'-' ,4; - - i.,...*L.71:.7.4.:,..; -.„... - - • -.73-w.4.v.2,..;.:-...„. , ,..... ...., . .).„.1 .,..,..... _____ -_ --,.,..._ __.---- ! . ,,„...,1..,1 ..„_,,...4.1 ,-- : . I f I f 1 1 I I ' I • f ._. 6 PBD-2015-53 October 27, 2015 APPENDIX 2 I1A I 1 8h §ti 4*, i t .2 ---- 1 I # 1 1 11 15 ,.„.. . . ... ii ... ., .. . . . ,. . . _ .... ,, . .--t- . .. . . . - , . . ..„. „. , . . , ., E . I . .. ,.. . . _ . „ 0 1,3 . ... , ., 7, 3. ,... .. er, II , - 1:3 :fi'- 1 - 44•••-„, ••.--• • Ce 'Is 41 I A A . .,. .. . . . , .. .. . ,. . . , ,.. g. .... fc2 1, ,7„ ; -A., t - -„ . ; . I ce 15 : a, 03 cf). , 14i ,11 .15 „,... I 1 1 -.1.- i . ; I a 1 i & •V ... = -t 1111 - afil ei I /5 , 11 1 .... 0 * * ,._... _5$)**C-4e TS-2015-26 NiagaraFalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-26 Kalar Road between Brown Road & Mulberry Drive Parking and Traffic By-laws RECOMMENDATIONS 1. That a parking prohibition is installed on both sides of Kalar Road between a point 100 metres north of Brown Road and a point 400 metres north of Brown Road; and, 2. That the bicycle lanes on both sides of Kalar Road between a point 100 metres north of Brown Road and a point 400 metres north of Brown Road be designated by municipal by-law. EXECUTIVE SUMMARY To ensure unimpeded traffic mobility on Kalar Road once the road improvement project next to Warren Woods Phase 4 is completed and keep the bike lanes free of parked vehicles, it is recommended that a "no parking" restriction is posted on both sides of Kalar Road and that the bike lanes are signed and marked according to regulations. These parking and traffic control measures are consistent with other reconstructed arterial roads in this part of the City. BACKGROUND Kalar Road between Brown Road and Mulberry Drive is currently being reconstructed as part of the Warren Woods Phase 4 works. Designated cycling lanes will be provided in both directions within the limits of the construction project in accordance with the City's Sustainable Transportation Master Plan on-road active transportation network. This project is a continuation of work that was completed on Brown Road and a short segment of Kalar Road in November 2014. An urban cross-section consisting of a curb, gutter, boulevard and a sidewalk on each side will be provided. These improvements are being carried out to accommodate traffic future growth in the Warren Woods secondary plan area and upgrade the road to current urban standards. 2 TS-2015-26 October 27, 2015 ANALYSIS/RATIONALE Currently, there are no signed parking/stopping restrictions present on the section of Kalar Road within the limits of the construction project. To ensure unimpeded traffic mobility and keep the bike lanes free of parked vehicles, it is recommended that the study area consist of a "no parking" restriction on both sides of Kalar Road. The bike lanes are recommended to be signed and marked according to established provincial regulations. The reconstruction project is expected to be completed in October 2015. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2015 General Purposes Budget. The estimated cost to install the signs is approximately $1,700. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study area drawing Recommended by: 4 Karl Dren, Director of Transportation Services `I-L/1(1(1-'0 Respectfully submitted: Ken Todd, Chief Administrative Officer ii 7-11 g =.', 44t z . — E C N mC o w - EJ ` — (n -0 N N oma Ct woco E ° o I J Z • G ' � "r z ,• w-. ` 5 r*a ate=s+• ` _ CU CO...N, e O O 744 co Y._ Rm.r 4 # 3 > C Q a a Z i (n , (00�'gyp t c o In O '2'4.'4.4 Au 4 b ,,. 4 we L t g i » Z L M M o 0 H Y O \ cf, CCL a �z° CA > o • 0. O cn t Ear ' Q .': 7. TS-2015-27 Niagaraalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-27 Oldfield Road between Dorchester Road & Drummond Road Parking and Traffic By-laws RECOMMENDATIONS 1. That a parking prohibition is installed on both sides of Oldfield Road between Dorchester Road and Drummond Road; and, 2. That the bicycle lanes on both sides of Oldfield Road between Dorchester Road and • Drummond Road be designated by municipal by-law. EXECUTIVE SUMMARY To ensure unimpeded traffic mobility on Oldfield Road once the road improvement project next to Oldfield Estates is completed and keep the bike lanes free of parked vehicles, it is recommended that a "no parking" restriction is posted on both sides of Oldfield Road and that the bike lanes are signed and marked according to regulations. These parking and traffic control measures are consistent with other reconstructed arterial roads in the City. BACKGROUND Oldfield Road between Dorchester Road and Drummond Road is currently being reconstructed as part of the Oldfield Estates subdivision works. Designated cycling lanes will be provided in both directions for the entire length of Oldfield Road project in accordance with the City's Sustainable Transportation Master Plan on-road active transportation network. An urban cross-section consisting of a curb and gutter on both sides and a grass boulevard and a concrete sidewalk on the north side will be provided. These improvements are being carried out to upgrade the road to current urban standards. 2 TS-2015-27 October 27, 2015 ANALYSIS/RATIONALE There are no signed parking restrictions currently on Oldfield Road. To ensure unimpeded traffic mobility and keep the bike lanes free of parked vehicles, it is recommended that the study area consist of a "no parking" restriction on both sides of Oldfield Road. The bike lanes are recommended to be signed and marked according to established provincial regulations. The reconstruction project is expected to be completed by the end of October 2015. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2015 General Purposes Budget. The estimated cost to install the signs is approximately $5,700. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study area drawing Recommended by: - j� /r " `' Karl Dren, Director of Transportation Services .)414j\ 11 - Respectfully submitted: Ken Todd, Chief Administrative Officer il * '4"* .,;,, ,..Aog a`., .. /, G r - 1 - • D. c cn i' Ec A mi'...,r:". ,. s- w 1.-=, 0,244171"Mina'ett , . a- C 0 ' r fi 11147.'x1 a. br..9. # . 4.A .s a, Y Ct ih a) �C j i..._► c i ' O N }' a.11 E O0 1 _ CL Z I �:x . I I cn ca m U -� r . I- CV O �.* I ' 06 Ir 1 1- -0 o F ., his.,rrinfTet . , . N N C �,, a f —0M Y I4 HYD' Atikr/� u L.1 j 3 .a 1 - ., 1114,,,...SNIIIIIIiikkwil4/114114)\ •1� TS-2015-28 Niagaraplls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-28 Heartland Forest Road - Parking Review RECOMMENDATION That a parking prohibition is installed on both sides of Heartland Forest Road between Brown Road and a point 280 metres south of Brown Road. EXECUTIVE SUMMARY A parking prohibition is warranted on both sides of Heartland Forest Road from Brown Road to beyond the southern access of the WEGO Facility to ensure unimpeded bus movements. When events occur at Heartland Forest parked vehicles inhibit bus drivers from safely accessing the facility. BACKGROUND • The WEGO facility opened on Heartland Forest Road in March 2015. When events occur at Heartland Forest and their parking lot is fully occupied, participants have been parking on both sides of Heartland Forest Road. This has created safety issues with bus drivers accessing the WEGO Facility. Heartland Forest Road extends 950 metres from Brown Road to Chippawa Creek Road. It is 6.5 metres wide with a narrow gravel shoulder on each side. There are no signed parking restrictions on Heartland Forest Road. The proposed parking restriction was discussed with a representative of Heartland Forest and they are in agreement with the recommendation. ANALYSIS/RATIONALE To ensure that bus drivers have unimpeded access into and out of the WEGO Facility, Staff is recommending that a parking prohibition is established on both sides of 2 TS-2015-28 October 27, 2015 Heartland Forest Road between Brown Road and a point 280 metres south of Brown Road, which is slightly beyond the southernmost access of the WEGO facility. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2015 General Purposes Budget. The estimated cost to install the signs is approximately $1,200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study area drawing Recommended by: ) 1 Karl Dren, Director of Transportation Services Respectfully submitted: '21L-41-4/j Ke Todd, Chief Administrative Officer g k '& I ‘ �� ` mak 4. ,, it :t W. „,, t. va. , -;rxr.AStif$4:. .- --.-, a , ,£ - .,..',,,,,,r,;,,,,,:-:1, ,,.,,els u s.4 4 rj � ..,.:irt•-,.',,,.., Ar. 1,,,,-,:',..,:,•• :,;',414 ' i 0 /`,� 4-i TS-2015-28 Proposed Heartland Forest Road - - • No Parking ...i. TiagaraFalls Parking Review Zone NORTH ao,t09:P.tF Profile Handbook 1 ,,,,,. ., .,,,,,,-„,,,,,,,,,,,,,,,, , , ,.„.„...,,,..,,,,,,:„., ,„..,,,, .,. . , . ,.,, ,,,..„, lS r i Z 'w!j; : ur a � f NIAGARA A MILITARY MUSEUM Preserving and sharing the Tri-Service Military Heritage of the Niagara Peninsula Out in the CoCommunity Engaging our Youth , � " Volunteer re-enactors and past service members x make learning fun as �` children pose for pictures , , and have questions F answered. Education ' V -* 4,0 Black Powder i " demonstrations 0. . ,..,:t y '''.VI;, x draw crowds of I. - ,`curious -1 '"- — "--- community members. F pp Public Exhibits and Demonstrations 1812 Re-enactors assist the = Museum with educational activities About Niagara Military M Li S tl 111 Mission Statement The Niagara Military Museum seeks to enrich the lives of Niagara residents, students and visitors by sharing the experiences of regionally-based individuals in the Canadian military (air, land and sea) emphasizing service in the 20th century. Housed in the historic Niagara Falls Armoury (1911-1999), the Museum fulfills its mission by preserving the Armoury for guided public tours, by collecting and exhibiting artifacts, and by communicating stories of Canada's military heritage. Preserving and sharing the Tri- Service Military Heritage of the Niagara Peninsula Niagara Military Museum History and Profile • Incorporated without share capital July 26, 2006 • A volunteer-driven community museum • Regular and honorary members comprise the membership • 8 Directors including 4 Officers comprise the Board • The Museum became a registered charity January 10, 2014 • Celebrates the tri-service military heritage of the region • Housed in the historic Armoury (operated 1911-1999) • Museum focuses on 20th century artefacts and telling the stories of Niagara individuals engaged in the tri-military service Values The Niagara Military Museum will • Welcome all museum visitors warmly and personally with an offer of a guided tour and research assistance to respond to any questions relevant to the mission; • Aspire to honour all provincial standards for excellence in historic preservation and museum collections management; • Respect the responsibility of our role and provide neutral, unbiased and authentic historical records; • Manage all resources carefully and creatively acting with transparency, accountability and integrity in everything we do. Vision The Niagara Military Museum: • Contributes to a community that celebrates ordinary people of the Niagara Peninsula who have done extra- ordinary things; • Appreciates the experiences during war and peace,the skills and sacrifices of individuals from the Niagara Peninsula; • Gathers in an historic place to build a sense of community identity, individual capacity and citizenship,and • Comprehends its heritage of resilience with empathy and shared pride, sorrow and wisdom. iSI O1S Visitors find personal guided tours and have valued the unique experience at Niagara Military Museum. Open Wednesday-Saturday 11a.m. -4 p.m. Open by appointment as well,outside normal hours. To book call (905) 358-1949 "There's a good selection of artifacts and personal stories of local people who served in the military. The volunteers were very friendly and knowledgeable." Lines of Business; • Preserving, Operating and Maintaining the Armoury • Offering Public Tours, Collecting Authentic Stories • Collecting, Exhibiting, Conservation and Education • Communicating Stories and Community Outreach ReStOratlun Spearheading the Krupp Field Canon Restoration a"a Mandate: Corporate Objects The objects of Niagara Military Museum are to: Object 1 Acquire, display and promote artifacts and A.7;,` t related material that reviews the military history of Canada with ` emphasis on that of the Niagara Peninsula for the benefit of those persons interested in the subject; and Object 2 Provide it ', educational facilities and activities for those interested in the subject of military history. 5 a: x , ,,,.i :;: �` , X 00,, Iv C �_ • = algal • s ; . , - ,-'-;,,::,..„ .. ,. i 1 t • ' iv , , '"- ' li -...--1`"'"4-'—- vit /11W:•;''', - . „ 4 TY iii, rY t74-.- - v J .14 DIRECTIONS From Toronto: -Take the QEW, following signs for Niagara/East Hamilton/Fort Erie - Head east on Queen Elizabeth Way toward Exit 71 -Take the exit on the left onto ON-420 E toward The Falls/Niagara Falls U.S.A. - Drive 3.7 km then continue onto Falls Ave/Regional Road 420 -Take the Victoria Avenue ramp to Falls - Turn left onto Victoria Ave Destination will be on the left From Niagara: - From the QEW find the exit onto ON-420 E toward The Falls/Niagara Falls U.S.A. - Drive 3.7 km then continue onto Falls Ave/Regional Road 420 -Take the Victoria Avenue ramp to Falls -Turn left onto Victoria Ave Destination will be on the left Contact Us '' m4IT NIAGARA MILITARY MUSEUM z �;; . < 5049 Victoria Ave,Niagara Falls,ON L2E 4E2 Phone: (905) 358-1949 . Email: niamilmuseum@gmail.com 1IUSEL11 Facebook: Niagara.Military.Museum.the.armoury )(anis A. Barlow Associates Research, Planning and Management Consultants Specializing in Theatre since 1981 NIAGARA MILITARY MUSEUM: STRATEGIC PROFILE ", ';',4,,, g. '' gIy ¢¢ k 'tet �� .. Kc, P � yc 0. N"C 't i �^t X .3" ,cam .',::::,,'.., —;.:2'.' `¢v l F 2 by Janis A. Barlow&Associates March 2015 www.jabarlow.com 44 Charles Street West, Suite 5005, Toronto, ON M4Y 1 R8 Phone: (416) 921 0208 Fax: (416) 921 -9819 E-mail: info@jabarlow.com TABLE OF CONTENTS 1.0 Introduction 3 1.1. Background 3 1.2. Completing the Strategic Profile and Plan 3 2.0 Strategic Profile 4 3.0 Strategic Business Plan 6 3.1. Goals and Strategies-Tied to Legal Objects 6 3.2. Program Goals, Strategy and Annual Planning 7 3.3. Functional Goals 7 4.0 Strategies 8 4.1. Program SWOT-Strengths,Weaknesses, Opportunities,Threats- The Basis of Strategy Development 8 5.0 Objectives 9 5.1. Critical Success Factors 9 5.2. Key Performance Indicators 9 6.0 Human Resource Coordination 10 6.1. Proposed Organization Chart 10 6.2. Coordination of Tasks 10 7.0 Operating Budget 11 7.1. Planning Tasks to Budget and Undertake 11 7.2. Proposed Operating Budget Template 11 8.0 Key Result Areas 12 8.1. Collections Policy Advice 12 8.2. Communications Planning 12 Cover Photo:Niagara Falls Review Niagara Military Museum Janis A.Barlow&Associates Strategic Profile March 2015 1.0 INTRODUCTION 1.1. Background The following draft strategic profile and outline business plan are a result of a consultation process between culture consultant Janis Barlow and members of the Board of the Niagara Military Museum and guest(s) on three occasions during the months of February and March, 2015. It was a pleasure to work with such a committed and focussed group on the development of the Niagara Military Museum. 1.2. Completing the Strategic Profile and Plan The focus of the workshops was on developing a clear strategic profile for the Museum and testing it against the drafting of strategic and business planning elements. Strategic Profile: Strategic Business Plan: History Program Goals (what) Mandate (legal objects) Strategies (how) Mission Objectives (measurables) Values Coordinators (who) Vision Budget (how much) NEXT STEPS The Board should review the statements and the elements you wish to include in your draft strategic profile and draft business plan for Board approval. The Board may wish to begin using the plan to recruit Board and Community Co-Chairs for their committees. Elements of the draft strategic profile should be circulated to key stakeholders to invite their feedback on it. It is appropriate to ask three to six core questions: • Do the draft statements reflect the organization or the aspirations as you know them? • What are the elements of the strategic profile is the NMM currently doing well? • In what areas do you think the NMM should focus more effort? • Does any statement require clarification, or strike you as particularly relevant or needed? • Do you see yourself in these statements? Or,the role of the NMM in your family's life? • Do you see this as a worthwhile community service organization? • If yes, in what ways would you be inclined to support the work of the NMM? The Board and Committee Chairs should respond to feedback and could recruit skilled and enthusiastic supporters to serve on Committees. Committees should develop strategies and action plans for the upcoming year. Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 3 March 2015 2.0 STRATEGIC PROFILE Niagara Military Museum History and Profile • Incorporated without share capital July 26,2006 • A volunteer-driven community museum • Regular and honorary members comprise the membership • 8 Directors including 4 Officers comprise the Board • The Museum became a registered charity January 10, 2014 • Celebrates the tri-service military heritage of the region • Housed in the historic Armoury(operated 1911-1999) • Armoury is now owned by the City of Niagara Falls • Museum focuses on 20th century artefacts and telling the stories of Niagara individuals engaged in the tri-military service Niagara Market and Research to be Done • Population -400,000 • Annual Tourism - 10 million • Regiments: - Lincoln and Welland Battalian - 56th Field Artillery Regiment - 10th Field Artillery Battery • Historical seat of government, geographic border and landmark 1. What percentage of Niagara's population has served or is serving in the Canadian military? 2. In what public school grades are the Niagara Frontier,military life and history or social studies part of the curriculum? 3. What percentage of Niagara visitors are interested in military history? Mandate-Corporate Objects The objects of the Museum are to: a) Acquire, display and promote artefacts and related material that revives the military history of Canada with emphasis on that of the Niagara Peninsula for the benefit of those persons interested in the subject. b) Provide educational facilities and activities for those interested in the subject of military history. Proposed Revised Mission -What do you do? The Niagara Military Museum seeks to enrich the lives of Niagara residents, students and visitors by sharing the experiences of regionally-based individuals who served in the Canadian military(air, water, land) in the 20th century. Housed in the historic Niagara Falls Armoury(1911-1999),the Museum fulfills its mission by preserving the Armoury for guided public tours, by collecting and exhibiting artefacts, and by communicating stories of Canada's military heritage. Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 4 March 2015 Draft Vision The Niagara Military Museum contributes to a community that celebrates ordinary Niagara people who have done extraordinary things, and; • Appreciates the war-time and peace-time experiences, skills and sacrifices of military forces from Niagara in the 20th century; • Gathers in an historic place to build a sense of community identity, individual capacity and citizenship; • Comprehends its heritage of resilience with empathy and shared pride, sorrow and wisdom. Draft Values The Niagara Military Museum will: • welcome all museum visitors warmly and personally with an offer of a guided tour and research assistance to respond to any questions relevant to the mission; • aspire to honour all provincial standards for excellence in historic preservation and museum collections management; • respect the responsibility of our role and provide neutral, unbiased and authentic historical records; • manage all resources carefully and creatively as "Divas on a Dime;" • act with transparency, accountability and integrity in everything we do. Summary of Values • Personal Engagement • Excellence • Neutrality • Resourcefulness • Integrity Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 5 March 2015 3.0 STRATEGIC BUSINESS PLAN 3.1. Goals and Strategies-Tied to Legal Objects • Providing an educational venue for the collection and display of Canadian military artefacts and documents -through exhibits, tours,artefact programs, curated info. • Promoting public interest in Canadian military history-through access to the armoury and the collection. • Encouraging research in Canadian military history-through facilitated use of collections and space for public research. • Collecting and preserving artefacts and documents - under collection policies and conservation standards. • Maintaining facilities-a library, archival material, a museum and internet reading room (research space) -for the most effective provision of public information Current Mission Implications Condensing Lines of Business: • Preserving, Operating and Maintaining the Armoury • Offering Public Tours,Collecting Authentic Stories • Collecting, Exhibiting,Conservation and Education • Communicating Stories and Community Outreach Committees Will Develop Policy, Program Goals and Annual Plans for Board Approval Current Lines of Business: • Preserving,Operating and Maintaining the Armoury o Building Committee • Offering Public Tours,Collecting Authentic Stories o Historical Committee • Collecting, Exhibiting,Conservation and Education o Curatorial Committee • Communicating Stories,Community Outreach o Communications Committee Governing Policies (Rules and Guidelines)for Committees to Develop Current Lines of Business: • Preserving,Operating and Maintaining the Armoury o Building - Preservation Philosophy, Bldg. Manual • Offering Public Tours,Collecting Authentic Stories o Historical - Integrated History, Interpretation Policies • Collecting,Exhibiting,Conservation and Education o Curatorial -Collections and Education Policies • Communicating Stories,Community Outreach o Communications -Communications Plan Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 6 March 2015 3.2. Program Goals, Strategy and Annual Planning • Consider programs and goals to achieve mission • Consider other operational function goals • Map your"SWOT" (Organizational Strengths,Weaknesses, Opportunities and Threats) to determine the program or functional area to which it applies • With guiding principles in mind,establish priorities and develop strategies to deal with priorities • Test them by evaluating the measurable ways in which the strategies reflect the mission, represent your values and will make progress toward achieving your vision Cyclical Museum Operational Functions •Curation of •Audience / Artefacts Visitor Relations Creative Exhibition/ insight Delivery Adminis- Advocacy. tration /impact •Resource -Community Management Relations 3.3. Functional Goals • Curation-to collect, conserve and interpret the collections and oversee all programs • Audience Relations-to facilitate the visitor experience of a collection • Community Relations-to generate awareness,support and resources for the collection, public services and information provision • Resource Management-to provide resources to preserve the building and fund the curator(s) and collections through careful income management Current Program Goals and Operational Areas • Preserving the Armoury falls under Curation of Artefacts and Facility Resource Management and overseen by the Building Committee • Offering Guided Public Tours,Collecting Stories falls under Curation of Artefacts and Audience Relations and overseen by the Program,Curatorial and Historical Committees • Collecting and Exhibiting Artefacts is Curation and is overseen by the Program and Curatorial Committees. • Communicating Authenticated Stories,and Community Relations/Outreach is shared by the Program,Curatorial,Historical and Communications Committees. • Resources Management should be overseen by the Board and assisted by Committees which will help develop Goals and Objectives for their areas of responsibility. Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 7 March 2015 4.0 STRATEGIES 4.1. Program SWOT- Strengths,Weaknesses,Opportunities,Threats-The Basis of Strategy Development What are the Museum's greatest What are the Museum's biggest strengths? challenges? • Private NFP • Building maintenance,accessibility has • Building-history covers the 20th Century to be up to code by 2020 • Resilient survivors • Membership -evidence of support, • Divas on a dime volunteer base, community impact • Niagara -world recognition/destination ' • Reviewing NFP Corp Act • Military's long history in Niagara • Adopting Collection policies&museum • Knowledgeable, creative, resourceful standards-to Ontario Ministry and dedicated board and volunteers • Public Awareness • Best firearms collection from 1700's to • Media Coverage 2000 • Identifying Service Thresholds and • Tri-service duffle bag program (although setting goals for visits each month many have copied the idea) • Clarify relationships and distinct competencies of Niagara Museums What are the Museum's best What are the Museum's greatest threats? opportunities? • Neighbourhood -outside tourist route, • Huge tourism base has pawn shops,absentee landlords • Relationship to community, military, • Lease obligations-fees may kick in at tour providers, re-enactors some time (although relations with the • Identify core visitors-record answers City are good,and staff are competent • Links and connections to other and committed) museums (co- promotions) • Now Open sign - needs upgrade to • Advocate We Go stop make sense to tourists: • Can be a player in the development of the BIA (as anchor for the Niagara Military Museum neighbourhood) Wednesday-Saturday • Alumni -Cadets as members (all 11:00-4:00 connections) Admission by Donation • Neighbourhood doughnut shop (Won -$2 recommended Ton Soup, Library,Tim Horton's) The SWOT Analysis and Five Year Plan Given your strengths and opportunities, what is your capacity to address your weaknesses and threats? • Map your SWOT according to strategic functional areas of your organization. • Whomever is responsible for that function -decide on strategies to leverage your strengths and opportunities and address the issues-your weaknesses and challenges. • Decide your priorities, what can be addressed,the year to do it and who will do it. Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 8 March 2015 5.0 OBJECTIVES Annual, measurable objectives are established to make progress toward the longer term goals of the organization which are currently summarized as lines of business. They should be tied to annual strategies which are typically the purview of management or committees. Each Committee should articulate longer term goals, annual objectives and proposed strategies to meet their goals. Their plans should be tied to the guiding principles and approved by the Board. For example, if a functional goal is to have a robust and supportive membership, strategies would be developed and costed to achieve and retain members over time with annual objectives set for various categories and/or segments of potential membership. 5.1. Critical Success Factors Critical success factors are elements that are vital for a strategy to be successful. A critical success factor drives the strategy forward, it makes or breaks the success of the strategy. First and foremost,the Museum needs a big vision offering a unique and authentic experience of Canadians in the 20th Century military. 100th Anniversary Tributes to the 20th Century Military Experience: • By 2018 -A WWI night-time trench experience next to a firing range with a WWI weapons exhibit. • By 2039 -A WWII submarine for tour. (Either a small, authentic sub, or replica.) • By 2062 -A peacekeeping aircraft on the roof of the armoury for touring. What are the Museum's critical success factors? Central to the future success of the museum will be: • Communicating and executing the mission, vision and values; • Producing exhibitions of quality, authenticity,versatility and uniqueness (including the preservation and interpretation of the building); • Solicitation visitors strategically, and offering personalized attention to their learning needs through knowledgeable researchers,documentation, sources and interactive experiences; • Enlisting and consistent training of skilled, knowledgeable and highly personable volunteers. 5.2. Key Performance Indicators Key Performance Indicators quantify measurable management objectives, along with a target or threshold, and enable the measurement of strategic performance. What are your annual key performance indicators? #of members #of website hits #of communication pieces #of seminars/lectures #of responses #of items on exhibit #of visitors s.f. of exhibit area #of guided tours #of donors #of research success #of successful"family reunions" Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 9 March 2015 6.0 HUMAN RESOURCE COORDINATION 6.1. Proposed Organization Chart 6.2. Coordination of Tasks The Museum has operated with a working Board until this point. With the acquisition of the Armoury and planned growth, it is appropriate to create a strong Committee structure that can remain in place through an eventual acquisition of curatorial and administrative staff. It is recommended that a Board member co-chair all program committees with an outside expert who would be invited to attend Board meetings. Committee members should be recruited by the Co- Chairs of the Committee who will prepare specific terms of reference and annual plans for Board approval. • Board of Directors-8 members, should it be 12? • Program Committee- Board Co-Chairs • Finance Committee- Board Co-Chairs • Curatorial Committee-Board/Member Co-Chairs • Historical Committee- Board/Member Co-Chairs • Communications Committee- Board/Member Co-Chairs • Building Committee- Board/Member Co-Chairs Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 10 March 2015 7.0 OPERATING BUDGET 7.1. Planning Tasks to Budget and Undertake 1. Complete SWOT Analysis and Annual Plan 2. Write Committee Terms, Objectives and Responsibilities 3. Recruit Volunteers to Chair Committees and Task Forces 4. Chairs to recruit committee members 5. Communications Comm. specialists to write a Policy& Plan 1. Develop tiered stakeholder contact lists i.e. 1't 2nd, 3rd tier 2. Develop messaging and circulate drafts to stakeholders for feedback 3. Develop new graphics and upgrade website 4. Receive feedback,finalize, announce and celebrate new mission/plan 6. Historical Comm.write an Interpretation and Tour Policy 7. Curatorial Committee write Collections, Curatorial Policies 8. Building Comm. prepare Preservation/Maintenance Policies 7.2. Proposed Operating Budget Template Not-for-profit funding is slightly different from commercial budgets in that a not-for-profit organization considers the ways in which it wishes to serve its community, calculates its potential earnings and seeks to balance its budget through contributed income sources such as public and private donors. It is wise to associate benchmarks with each line item and record annual comparisons. �rense/�cist Program Curation,Collection,Conservation-Project Funding* $1,000 Audience Relations, Promotion, Marketing - In-house, Internet 900 Community Relations, Partnerships, Sponsors- Internet, Memberships ®v-- 800 Resources-Human/Compensation -Volunteers, PT, Consultation - Resources-Operating Costs (Facility and Equipment Expenses,Insurance) 2,200 Resources-Administration (Phone, Internet,Office) ��- 2,600 Total Expenses 7,500 Revenue/Income Earned Income Fees (Loans, Lectures,Services,Mission Related Rentals) - Earned Income-Admissions Earned Ancillary Income- Merchandizing,Garage Sales, Private Rentals 400 Contributed income- Non Tax Receipted Income (Bingo, FR Events) 4,500 Contributed Income Public Grants Contributed Private Donations (Donations at Door&Memberships) 2,600 Total Revenues "" ": 7,500 Tot h-Surplus(Deficit) 0 *Project Funding Field Gun Restoration,Strategic Planning Consultant 16,400 *Outside of the annual operating costs and funding,the Niagara Military Museum applies project grants from government and foundation sources to special projects such as the field gun restoration and a planning consultant. Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 11 March 2015 8.0 KEY RESULT AREAS What are the areas where you have to concentrate your efforts in order to remain viable and relevant in the future? • Set a membership goal and meet it • Develop website • Public awareness • Public events • Educational programming • Raise money/funders • Cadet/alumni armoury • Articulate value-message/plan • Lead in neighbourhood revitalization as an attraction and community center • Form a MainNictoria BIA) • Clarify the complementary relationships and distinct competencies of the NMM to other museums. • Link and co-promote with Niagara museums 8.1. Collections Policy Advice • Collect what is directly relevant to the mission • Know your core and collect for your core • Collect what is not duplicated elsewhere in Niagara • Collect items that are well documented and have layers of material to tell the story (archival, artefacts, photographic, oral history,etc...) • Collect artefacts that are in good to excellent condition • Collect artefacts that are exceptional and fill a gap in the collection • Collect artefacts that tell great stories that resonate with your mission,vision and values 8.2. Communications Planning Primary Interest Groups-Military • Cadets and Former Cadets-2835 RCAC • Regiments - Lincoln &Welland, 10th Battery • Veterans'Organizations,Veterans and Families • Peacekeepers • Legions • Re-enacters • Military Memorabilia Collecting Associations To be credible, the Museum needs to be known in these circles and have a respectable number of military members. Solicitation of military, former military and military families should be the top priority for membership campaigns,as well as encouraging every visitor to join. Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 12 March 2015 Primary Interest Groups -Civilian • Niagara History Museums &Heritage Organizations • Regional Military Museums, Forts and Armouries • Volunteer Corps- Board and Committee Members • City Hall, Regional, Provincial Governments • Neighbours, Schools, Media • Visitors, Members, Donors • BB/BS and other community groups? The Museum also has to establish good relations with all of these stakeholders-a Communications Plan is necessary. Proposed Word Mark and Message NMM -Sharing the experiences of Niagara-based individuals in the 20th century Canadian military. We seek answers to questions about people who served in the Canadian military (air, water, ground) in the 20th century, especially those associated with the Niagara Falls Armoury (1910-1999). Interpret Symbols of Logo-Develop Graphics, Font,Style Sheet for Communications 114 MUSEUM The Public Tour Will welcome visitors and ask: Where are you from? Why are you here? And respond to these questions and more: • What is the Armoury? A Place for People to: - Store Armour - Train and Drill - Gather as a Community • What is the difference between a fort and an armoury? • What was here before the armoury? • What kind of armour was stored here? • Who trained here, how and why? Where did they go? • How did/does the community use the building? Niagara Military Museum Janis A.Barlow&Associates Strategic Profile 13 March 2015 Dean Iorfida From: Jim Doherty <> Sent: Wednesday, August 12, 2015 9:22 AM To: Berndt Meyer; victor packard; Paul Kovacs; P. H. Schaefer;; Alex Trent; Sarah Stewart; mike ashford; Bob Lockhart; Dean Iorfida; Kathy Moldenhauer;Jim Doherty Subject: Re: Report to Council Dean. please put us down for the Sept. 29th meeting Jim Doherty On Fri. Aug 7, 2015 at 9:21 AM, Jim Doherty <> wrote: Funseekers, could we be ready to talk to city council for Sept 29th???? jim d Forwarded message From: Kathy Moldenhauer <kmoldenhauer.dniauarafalis.ca> Date: Thu, Aug 6, 2015 at 5:59 PM Subject: Re: Report to Council To: Jim Doherty <> Good idea Kathy Sent from my iPhone > On Aug 6, 2015, at 4:35 PM, Jim Doherty <> wrote: > Dean. it has been some time since we have spoken to council about our progress at the Museum. May we appear at a September council meeting to present same? > Jim Doherty 1 RECREATION & CULTURE Inter-Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: October 19, 2015 Re: Awards at Council — Tuesday, October 27, 2015 Gord Singleton — Canadian Cycling Hall of Fame Induction The newly established Canadian Cycling Hall of Fame which will have its permanent home at the Mattamy National Cycling Centre in Milton, Ontario has named its first class of inductees and it is a who's who of Canadian cycling. On October 10, 2015, Gord Singleton was inducted into the Inaugural Class of the Canadian Cycling Hall of Fame, in Milton, Ontario. Gordon Singleton began his amateur cycling career in 1975. Singleton represented Canada in the 1976 Olympic Games, at only 19 years of age. In 1978 he participated in the Commonwealth Games held in Edmonton and returned home with a gold and bronze medal. In the years to come, Gord rose to international stardom, becoming the first cyclist ever to break and hold simultaneously world records in the 200 metres, 500 metres and 1000 metres. Singleton competed in six World Championships, winning one gold in 1982, when he became the first Canadian cyclist to win a World Championship title, and three silver medals. Singleton holds 11 Canadian Championships titles. He received the Order of Canada 1986. He was named Niagara Falls Sports Athlete of the Century to celebrate the City's centenary. At the induction, Gord was quoted: "This moment is a culmination of many great memories and many great efforts by some very special individuals. Looking forward, we are creating a lasting legacy to inspire our young people to accomplish even greater achievements. I'm incredibly humbled to be a spoke in the wheel." Congratulations to Gord on his induction into the Canadian Cycling Hall of Fame. cc. Dean lorfida, Kathy Moldenhauer A Great City ... For Generations To Come RECREATION & CULTURE Inter-Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: October 14, 2015 Re: Awards at Council — Tuesday, October 27, 2015 Shelley Gautier—World Para-Cycling Champion Niagara Falls native Shelley Gautier, is the world's fastest woman in the T-1 Category on a tricycle. She is a twelve-time Para-Cycling Road World Champion including World Titles from 2009 to 2015. Shelley Gautier has been representing Canada since 2009, where she became the first female T-1 rider on the Canadian Para-Cycling Team. The following highlights Shelley's 2015 championships: • 2 Gold Medals - Canadian Cycling Championships • 1 Silver (Time Trial) & 1 Gold medal (Road Race) -World Cup 1, Italy • 1 Silver medal (Time Trial) & 1 Gold Medal (Road Race) - UCI World Championships, Switzerland • 2 Gold medals -World Cup 2, Switzerland • 1 Silver medal - Para Pan American Games in Toronto, Canada • 2 Gold medals -World Cup 4 in South Africa In 2003, Shelley was inducted into the Niagara Falls Sports Wall of Fame as a member of the 1985 A.N. Myer Girls Soccer Team O.F.S.A.A. Champions. Last year, Shelley was selected by the Ontario Cycling Association as the "OCA Road Female Athlete of the Year". This year on November 5, Shelley is being presented with the University of Toronto's "Above and Beyond Award' for her outstanding achievements. Shelley is about much more than gold and glory — she's dedicating her life to helping others find happiness through sport. She has created the Shelley Gautier Para-Sport Foundation and is actively working to make sports more accessible and to create programs in Niagara and around the world. We will be hearing a lot more about Shelley, her new foundation and her Stationary Bike Race event this coming spring. For more information on Shelley and her foundation, please visit www sflpsf.ca Congratulations to Shelley on her accomplishments! cc. Dean lorfida, Kathy Moldenhauer A Great City ... For Generations To Come r Z Z_ Z G) m to PBD-2015-51 NiagaraFalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-51 AM-2015-10, Zoning By-law Amendment Application City Initiated Regulations Medical Marijuana Facilities Supplementary Report RECOMMENDATION It is recommended that Council: 1) receive input from the public on the issue of medical marijuana facilities; 2) determine whether medical marijuana facilities are to be permitted as-of-right in certain industrial, agricultural and rural zones subject to a particular separation distance from sensitive land uses or only considered on a site-by-site basis; and 3) direct staff to prepare the necessary amendments to the City's Zoning By-laws and Site Plan Control By-law to provide the definitions and regulations for medical marijuana facilities and sensitive land uses for adoption at a future meeting; and EXECUTIVE SUMMARY On September 15, 2015, Council held a public meeting on Medical Marijuana Facilities (MMF) and considered the attached report (PBD-2015-44) prepared by the Planning, Building and Development Department on the issue. The report highlighted the Federal Government's actions to date on the growing, processing and distribution of medical marijuana. The report also highlighted the findings of a consulting firm (SGL Planning and Design) that was hired to undertake a review and recommend appropriate regulations for the City. Further, the report gave an overview of certain considerations for the City. SGL Planning and Design recommended specific regulations be set to: - provide a definition for a Medical Marijuana Facility (MMF); - prohibit MMF in a dwelling (already covered by Federal regulations); - prohibit a sign or advertising MMF; - establish a minimum separation distance of 150 metres to sensitive land uses (SLU) in agricultural areas (typically zoned rural or agricultural) and 20 metres to SLU in industrial areas (typically zoned prestige, light, general and heavy industrial); and - prohibit MMF to have outside storage (already covered by Federal regulations). 2 PBD-2015-51 October 27, 2015 Staff recommended several additional specific regulations including: - the definition of MMF incorporate reference to a facility that is licensed by the Federal government; - a definition of SLU be created and included in the zoning by-laws to assist in ensuring that MMF are kept a reasonable distance away from residential, parks, churches and schools; - MMF only be allowed as-of-right in the Agricultural, Prestige Industrial, Light Industrial, General Industrial and Heavy Industrial zones of Zoning By-law No. 79-200 and the Rural & Rural/Agricultural zones of Zoning By-law Nos. 395 and 1538 of former Townships of Willoughby and Crowland, respectively. The Transportation-Distribution Industrial zone of Zoning By-law No. 79-200 not be considered for MMF because this is the zone that affects the former Redpath property next to the Fernwood subdivision and the owner of the Redpath property is no longer interested in pursuing MMF. The Rural zone of the same by-law not be considered for MMF due to the small size of the Rural zone; - the lot coverage of MMF be limited in agricultural zones to 70% for lots less than 5 ha, 50% for lots between 5 and 20 ha, and 25% for lots greater than 20 ha to be consistent with the Town of Grimsby; and - MMF be subject to Site Plan Control. Staff recommended that MMF should be defined so that the City can be in a position to distinguish the use from any other agricultural and industrial use and provide a clear and intent as to where these facilities may or may not establish and the regulations to be applied. This is the case whether MMF are allowed as-of-right or only to be allowed on a site-by-site basis through the typical zoning amendment process. Defining MMF affords the City the opportunity to establish specific regulations to control them. BACKGROUND After considering staff's report on September 15th, Council made a number of observations and comments. Council also requested some additional information. A significant observation was the absence of members of the public. Council expected that there would have been a greater public presence given that much opposition had been expressed regarding the proposal to establish MMF on the former Redpath property. It was discovered that although notice of the public meeting had been placed in the newspaper which meet the Planning Act requirements, residents living in proximity to the former Redpath property who were intended to be notified were not. Council decided that a further public meeting should be held. Notice for this second public meeting was placed in the Niagara Falls Review on Saturday, October 3, 2015 and mailed to property owners in the Fernwood subdivision as directed by Council. At the last public meeting Council expressed satisfaction that MMF can be defined and regulated at a municipal level and appreciation of the work completed to draft regulations. A considerable amount of discussion ensued regarding the advantages and disadvantages of permitting MMF as-of-right and requiring that they only be permitted on a site-by-site basis through applications. Some members of Council expressed the opinion that the regulations were sound enough to allow them as-of-right. Others expressed a preference that they only be considered on a site-by-site basis. 3 PBD-2015-51 October 27, 2015 The majority of the discussion on MMF took place regarding the recommended separation distance between MMF and SLU. Staff had recommended a separation distance of 20 metres between MMF in an industrial zone in the urban boundary and a SLU based on the consultant's findings that a MMF is considered a Class 1 use. The Ministry of the Environment's (MOE) D-6 Guidelines recommend a separation distance of 20 metres between a Class 1 use and SLU. Staff had also recommended a separation distance of 150 metres between MMF and SLU in the agricultural zones outside of the Urban Area Boundary based on desiring to maintain the rural living environment. Council sought a better understanding as to where a MMF could locate and asked maps be prepared to show the 20 metre (66 ft) separation distance and a separation distance of 300 metres (1,000 ft.). The 300 metre separation distance corresponds to the MOE for a Class III use. Maps showing lands where a MMF could locate using the 20 metre and 300 metre separation distances are attached as Schedule 1 and 3 respectively. Staff included maps which show a 70 metre (230 ft) separation distance which corresponds to the MOE D-6 Guidelines recommend a separation distance of 70 metres for Class II uses. This provides an intermediary distance between the high and low separation distances. It should be noted, however, that there would be no rationale to defend a standard greater than the 20 metre separation distance recommended by the City's consultant. Any distance greater than 20 metres would simply be the desire of Council. Staff are unable to map the separation distance of 150 metres for the agricultural zones because the exact location of existing dwellings is unknown and would be time consuming to research this in a timely fashion. Given the size of the City's non-urban area it is assumed that there would be ample opportunities to establish a MMF in the non-urban area without adversely impacting residents. If a separation distance of 150 metres is selected for properties in the agricultural zones, Council will need to determine if the same separation distance should be required between MMF in the agricultural zones and SLU in the urban boundary. The purpose of this report is to respond to Council's direction given on September 15, 2015 after having considered the consultant's and staff's reports and the input received from the public. CONSIDERATIONS FOR COUNCIL Following Council's direction and given the limitations of information available to staff, three maps have been prepared which illustrate all the residential zones, properties containing churches, and parks and the Prestige, Light, General and Heavy industrial zoned lands in the urban boundary using separation distances of 20 metres, 70 metres and 300 metres. The maps illustrate the industrial lands which would remain in each of the three scenarios where MMF could locate if allowed as an industrial use. The maps illustrate a 20 metre buffer measured from the property or lot line of a SLU and the boundary of residential zones. The property line was used because the exact distances of dwellings, schools and churches to property lines is unknown and could change. In most cases the zone boundaries follow property lines. The exception is where zone boundaries follow the centerlines of roads, railway corridors and hydro corridors. Schedule 1 illustrates industrial lands which may accommodate a MMF using a 20 metre separation distance which is the buffer recommended by the MOE for a Class I industrial 4 PBD-2015-51 October 27, 2015 use as per the consultant's study. While a 20 metre separation is defendable from a technical perspective, it offers a separation which can be met by a typical road allowance. Where the zone boundary follows the centerline of a road or rail or hydro corridor the buffer is typically larger than 20 metres by as much as half the width of the road allowance, or rail or hydro. For example, using this separation distance would allow industrial properties in the Kent Street Industrial District, essentially across the street from residential area on the west side of Montrose Road. A 20 metre separation distance provides the greatest opportunity for the establishment of MMF in the City. Schedule 2 illustrates the industrially zoned lands that could be developed for MMF if a 70 metre separation distance was established as the requirement. This is the buffer recommended by the MOE for a Class II industrial use. Numerically a 70 metre separation distance provides more than twice the buffer of a 20 metre separation distance. In some cases the 70 metre separation distance would eliminate or make it very difficult for MMF to develop on certain industrial properties, especially when the separation distance represents half or more than half of the parcel depth. A 70 metre separation distance would not guarantee that MMF would not be located in proximity to SLU, but it would ensure a greater separation. For example, MMF could still develop on industrial properties along Montrose Road in the Kent Street Industrial District, but they would have to be located at the rear of these properties. Schedule 3 illustrates the industrially zoned lands that could be developed for MMF if a 300 metre separation distance was required. This is the buffer recommended by the MOE for a Class III industrial use. This standard, which is 15 times the separation distance recommended by the City's consultant, would limit the potential location of MMF primarily to lands around Cytec between McLeod Road and Chippawa Creek Road, the City's industrial park off Stanley Avenue, and a small pocket near the Citys' service centre on Stanley Avenue. This distance would provide the fewest areas for a MMF to locate in the City. It should be noted that all three buffering scenarios include lands in the Garner Road Secondary Plan Area (southwest of Niagara Square), the Thundering Waters Secondary Plan Area (east of Dorchester Road, between Oldfield Road and Chippawa Parkway), and Heartland Forest Resort that remain zoned for industrial purposes. Notwithstanding their appearance they are available for a MMF to locate, the future development is intended to be for residential and resort commercial purposes. Ideally, the zoning of these areas should be changed to Development Holding and Environmental Protection Area to prevent industrial uses from being established when it is the long term intent that they be developed for purposes other than industry and to protect those portions affected by natural heritage features (ie. woodlands, watercourses and wetlands). CIRCULATION COMMENTS No new or additional comments have been received as a result of the notice for the second public meeting occurring this evening. CONCLUSION The conclusion reached by the City's consultant and staff is that MMF can be accommodated under certain of the City's industrial zones and most agricultural and rural zones. Council will have to decide if they are to be permitted as-of-right in certain zones or if 5 PBD-2015-51 October 27, 2015 they will only be considered on a site-by-site basis through the normal zoning amendment process which requires an application, public notice and a public meeting before being allowed to establish. Regardless whether they are to be allowed as-of-right or only through an application it would be appropriate for Council to establish a separation distance that they are comfortable with to assist those who may wish to seek to establish a MMF in the City. It would also be appropriate for Council to amend the City's zoning by-laws to define MMF so that they can no longer be established under the term nursery in the industrial zones or as an agricultural use in one of the City's agricultural or rural zones. In addition, the City's Site Plan Control By-law should be amended to make it clear that Council intends that the development of MMF are to be addressed in agreements with the City. CITY'S STRATEGIC COMMITMENT Updating the City's zoning by-law has regard for the changes which have occurred at the Federal government level and are consistent with the objective to provide contemporary direction for planning and development. 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NP- P ,` 4 ' ..p. ie., °ppAWA FREE ac C ---v".a' a vyO e' P o WlAfla Ci l LICIFRD t-WILLICK RD-F A 3 0 z m REDEINGER-RD riiv Z m Z WEAVER-RD-4-WEAVER-RD--.— I 0 0 I `a I ' 'BIGGAR•RD-+-BIGGAR-RD-1 —BIGGAR-RD a I Q o Wim fLOGAN-RD LOGAN-RD 3 0 $ O 0 Y h-MIL-L-ER-RD-4- Zr. 1 1 b < 0 i v o 0 MAR-SHA _LAARS iAl D-t-MARSHAII-RD 3 1 €ARL-RD €ARL-RDS€ARL-RD—EARL RD 3 r f\,-IS_Requests\2015\Custom\Planning\Med_Manjuanana_Facility_Buffer_Btack_Hatch.r ' 3 O I o ic. -_.._ r _ r,.,,,,,, ,-.. -s;---- r 15 Oct 15 08:10a G.Wilson 905 332-9817 p.1 Planriing e= File/, tt' d , jd / -) October 14, 2015. /17C/ ' 67 Planning, Building and Development Department 4310 Queen Street, City Hall, Niagara Falls, Ontario Attention: Mr. Ken Mech Re: Zoning Amendment File AM-2015-010 As property owners and property tax payers, we (Glenn and Elaine Wilson) are completely AGAINST new zoning provisions anywhere within the city boundaries in Niagara Falls. This letter is to express our views pertaining to the proposal to introduce new zoning provisions regarding Medical Marihuana Facilities into the City's Zoning By-laws as we are unable to attend the October 27th. meeting in Council Chambers. We find the intention to introduce the new zoning provision appalling. To make any changes that would involve a Medical Marihuana facility within the city limits of Niagara Falls is ethically and morally wrong. As parents and educators, we have gone to great lengths to teach our children about drugs. The D.A.R.E. program (Drug Awareness and Resistance Education) taught to the students in all of our schools by the Police Officers, teaches the students that drugs are not okay. To put a facility anywhere near a neighbourhood is wrong. What kind of message would you be sending to our youth? I would suggest that council find another remote area away from any city limits. Sin' rel , 1 Glenn and Elaine Wilson at Planning 77 G L/<(ctk( gnnet! File:_ - James Nagy Charles Nagy Barbara Johnston 5600 Montrose Road Niagara Falls, ON L2H 1K7 Alex Herlovitch Director of Planning Building and Development City Hall, City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 October 14, 2015 RE: Amendment No. AM-2015-010, City Council — October 27, 2015. Dear Mr. Herlovitch, We are strongly opposed to the introduction of any new zoning provisions or any by-law amendments governing the growing, processing, packaging and/or distribution of Marihuana (Marijuana), medical or otherwise, that would permit such a facility(s) to operate within the City of Niagara Falls. Thank you, / `,/ James Nagy Charles Nagy Barbara-Johrlston PBD-2015-49 Niagara ills October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-49 AM-2015-009, Zoning By-law Amendment Application West Side of Stanley Avenue, South of the Niagara Falls Convention Centre Applicant: The Monastery of Mount Carmel Proposal: Proposed Vineyard RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands Institutional (I), with site specific provisions permitting a vineyard that is accessory to the approved winery for 6990-7020 Stanley Avenue (Mount Carmel Monastery), subject to the provision of an 18 metre setback between the vines and the south property line. EXECUTIVE SUMMARY The Monastery at Mount Carmel has submitted an application to amend Zoning By-law No. 79-200 for lands on the west side of Stanley Avenue south of the Niagara Falls Convention Centre. The applicant is requesting the land be rezoned from Tourist Commercial (TC) to Institutional (I) with site specific provisions adding a vineyard to the list of permitted uses. The vineyard is intended to support the winery approved for 6990- 7020 Stanley Avenue (Mount Carmel Monastery). The amendment is recommended for the following reasons: - The proposed vineyard and approved winery conform to the Tourist Commercial Policies in the City's Official Plan with respect to locating tourist attractions in the Central Tourist District in which they are located; - The proposed vineyard will support the winery approved on the Mount Carmel Monastery site to assist in creating a unique tourist attraction that will enhance the Tourist District and complement the primary institutional use of the Mount Carmel property; and, Potential impacts on the dwellings to the south of the proposed vineyard can be mitigated by providing an 18 metre setback between the vines and the south property line and by implementing best management practices in the maintenance of the vineyard. BACKGROUND Proposal The Monastery at Mount Carmel has requested a Zoning By-law amendment for 4.2 ha 2 PBD-2015-49 October 27, 2015 (10.5 ac.) of land located on the west side of Stanley Avenue south of the Niagara Falls Convention Centre. Refer to Schedule 1 to locate the site. The applicant is proposing to use the land as a vineyard in conjunction with a winery that has been approved to locate on 6990-7020 Stanley Avenue (Mount Carmel Monastery). The land is zoned Tourist Commercial (TC) in accordance with By-law No. 79-200. The TC zone does not permit a vineyard. The applicant is requesting the land be rezoned to Institutional (I) with site specific provisions to add a vineyard, in association with the winery and vineyard permitted on the Mount Carmel Monastery property, to the list of permitted uses. The approved winery will operate in partnership with the Reif Estate Winery. The grapes grown on the vineyard will be taken to Reif's production facilities in Niagara-on-the-Lake to be pressed. The juice will be returned to the Monastery for fermentation, then bottled at Reif's facilities. Once bottled the wine would be sold in the retail store on the Monastery property. Similar to the vineyard permitted across the street, this vineyard is relatively small in scale. A set back of 18 metres is proposed from the south property line to buffer adjacent dwellings and provide room to manoeuvre vehicles. The applicant has stated that bird bangers, wind machines, irrigation and extensive spraying will not be used in the operation to better ensure land use compatibility. Site Conditions and Surrounding Land Uses The land is vacant and flat. There are a number of trees along the south, west and east peripheries of the site. The property is bounded by single family detached dwellings to the south, the Niagara Falls Convention Centre to the north, a hydro corridor and Convention Centre parking to the west and the Mount Carmel Monastery property to the east. Circulation Comments Information regarding the requested 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. • Municipal Works No objections. Should the applicant need to provide underdrainage of the vineyard in the future, a site grading and drainage plan should be provided to the City. • Parks Design, Legal Services, Transit Services, Transportation Services, Fire Services, Building Services 3 PBD-2015-49 October 27, 2015 No objections to the rezoning. Neighbourhood Open House A neighbourhood open house was held on September 10, 2015. The applicant's agents and two residents were in attendance. The residents did not object to the proposed use, but one asked for assurance that there would be no adverse impacts from drainage if a vineyard was installed. The future operator of the vineyard (Mr. Klaus Reif) noted that there were no changes proposed to drainage patterns, and also noted that vines would be set back 18 metres from the south property line, allowing for the maintenance of grass to provide absorption of drainage. In addition, the swale at the southern limit of the property will be left intact to intercept flows. Mr. Reif also noted that vines would absorb more water than the current grass surface of the land. The resident had no further concerns. ANALYSIS 1. Official Plan The land is designated Tourist Commercial in the City's Official Plan. Tourist Commercial lands are intended to be used for a variety of uses and attractions oriented to tourists. The Monastery of Mount Carmel as an existing institutional use in the Central Tourist District. Although it primarily functions as a religious institution, it complements the tourist functions of this District, attracting visitors by acting as a place of pilgrimage and religious retreat. To complement this function and provide a unique tourist attraction, the applicant is proposing to develop a winery within the Monastery. The applicant pursued zoning approval in 2013 to permit the winery as well as a vineyard on the Monastery property (6990 — 7020 Stanley Avenue) and has since planted the vineyard on this land. The applicant plans to open the winery using the grapes grown on the Monastery property in about one year. Planting a vineyard on the subject lands will provide additional grapes to support this winery once the vines mature in several years. The vineyard is of a scale that should not adversely impact the quality of life of residential properties to the south. Land use compatibility will be achieved through vineyard management techniques and the proposed setback between the vines and the south property line. 2. Zoning By-law The Tourist Commercial (TC) zoning of the property permits a wide range of tourist serving commercial uses, but does not permit agricultural uses including a vineyard. The requested Institutional (I) zone does not permit agricultural uses either. The applicant is requesting the property to be rezoned Institutional (I), with 4 PBD-2015-49 October 27, 2015 site specific provisions permitting the vineyard. This zoning is similar to the site specific Institutional zone which applies to the Mount Carmel Monastery land at 6990 to 7020 Stanley Avenue, which permits a winery, vineyard and a wine retail store, the exception being that the winery and retail store will not be permitted on the subject land. Although the intent of the requested zoning is to permit the vineyard, the I zone permits a range of uses, including a religious institution, a place of worship, a retirement home, a nursing home and a hospital. The regulations for developing these uses are more restrictive than the regulations which apply to currently permitted TC uses, limiting building height to 10 metres (as opposed to 12 metres) and requiring additional front, side and rear yard setbacks, should the applicant intend to develop these uses on the property. Given this, staff has no objections to the requested zoning. To ensure the vineyard is accessory to the winery and impacts on surrounding residences are mitigated, the following regulations are recommended to be included in the amending by-law: - Require the vineyard to be accessory to the winery located on 6990 to 7020 Stanley Avenue; and - Require an 18 metre setback between the vines and the southerly property line, as proposed by the applicant. FINANCIAL IMPLICATIONS There are no financial implications from this application. CITY'S STRATEGIC COMMITMENT The application does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map Recommended by: vct, Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 4/4-jAk Ken Todd, Chief Administrative Officer A.Bryce:m b Attach. S:\PDR\2015\PBD-2015-17.AM-2015-002, CMN Inc,Zoning By-law Amendment.docx 5 PBD-2015-49 October 27, 2015 SCHEDULE 1 Submit Land - P f 7P a < J 'MN ST DUNN S'T cots 57_ . plh !5T ! 1 7 J4706 , % , . aoG v IQ r 0 _ mo ;0 v.C L`MONASTERY to c> -_ Amending the Zoning By-law No. 79-200 October 2015 Location; West Side of Stanley Avenue South of Niagara Falls Convention Centre Applicant: The Monastery of Mount Carmel AM-2015-009 PBD-2015-52 Niagararalls October 27, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-52 Municipal Employment Incentive Program Niagara Gateway Economic Zone Community Improvement Plan Amendment RECOMMENDATION That Council receive input from tonight's Public Meeting and that an amendment to the Niagara Gateway Economic Zone Community Improvement Plan be prepared for adoption at a future Council meeting. EXECUTIVE SUMMARY Tonight's Public Meeting is a statutory meeting under the Planning Act to consider an amendment to the City's Gateway Community Improvement Plan. The amendment proposes local incentives for employment uses under the title of Municipal Employment Creation Incentive Program including: • the extension of a tax rebate period from 5-10 years for eligible works outside of Strategic Gateway Investment Locations; • the inclusion, through specific amendments, of significant employment development which meet a specified number of eligibility criteria but cannot be located within the Strategic Investment Locations or designated Employment Lands; • the waiver of Planning Application fees and the rebate of Building Permit Fees; and • the introduction of a 50% refund (grant) for the cost of studies required by the Municipality up to a maximum of $5,000 (e.g. traffic, environmental impact, etc.). BACKGROUND One of Council's 2015-2018 Strategic Priorities is Economic Growth and Prosperity which includes actions to: "foster business investment and job creation through existing Community Improvement Plans (CIP)" and the establishment of a City-Wide CIP; and to "Develop an implementation strategy for the Niagara Economic Gateway Zone". In Planning Report PBD-2015-29, Staff reviewed different approaches to implementing this strategy and made the following recommendation: 2 PBD-2015-52 October 27, 2015 "1. That the Niagara Gateway Economic Zone Community Improvement Plan and City Development Charges By-law be amended to add additional incentives for employment uses under the Municipal Employment Creation Incentive Program as outlined in this report. 2. That the City begin the process to amend the Development Charges By-law to facilitate a waiver of development charges. 3. That this report be forwarded to the Niagara Region to seek their support for the extension of the Tax Increment Based Grant program for significant employment developments located outside of Strategic Locations for Investment or designated employment lands as outlined in this report." This recommendation was supported by City Council at the June 23, 2015 meeting. ANALYSIS AND UPDATE Draft Niagara Falls Gateway Economic Zone CIP Amendment An amended Niagara Falls Gateway Economic Zone CIP has been drafted (Appendix 1) in accordance with the incentives outlined in Planning Report PBD-2015-29 (Appendix 2). The Planning Act requires a Public Meeting for amendments to approved Community Improvement Plans and that a copy of the draft amendment be circulated with the Public Meeting notice to prescribed agencies. Included within the prescribed agencies are the Niagara Region and the Ministry of Municipal Affairs whose comments, as well as comments that may be received from the public, other circulated agencies and Council, will be considered in the preparation of the final draft amendment that will be forwarded to a future Council meeting for adoption. Development Charges Amendment A further analysis of the Development Charge incentives discussed in PBD-2015-29 has redefined the preferable method of offering a development charge reduction was through rebate rather than an exemption. A rebate would be in the form of a grant payable after construction is complete and is thus tied to the actual as built performance points achieved by the development. It is noted that this approach is consistent with Niagara Region and will not require an amendment (and thus further study) under the City's Development Charges By-law. The development charge incentive is included within the draft amendment to the CIP attached. Report to Niagara Region A copy of PBD-2015-29 has been forwarded to the Niagara Region as directed by City Council. Through the recommendation, the City has requested that the Region consider amending its own Economic Gateway Zone Community Improvement Plan to extend their tax increment based grant program from 5 years to 10 years for lands located outside of Strategic Gateway Investment locations, similar to the program proposed through the City's amendment. This request is currently under review by the Region. Summary The comments received from this evening's Public Meeting as well as any written comments received from circulated agencies or the public will be considered for 3 PBD-2015-52 October 27, 2015 incorporation into the amendment to the Niagara Falls Gateway Economic Zone CIP amendment. The finalized amendment will be forward to the next available Council meeting for approval. Implementation materials such as information brochures and application forms will be prepared by Planning and Business Development Staff for distribution to possible eligible employment development. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The purpose of the proposed programs is to provide incentives to potential investors considering Niagara Falls as a location for their enterprise. The impacts of the incentives vary and are outlined below. The Tax Incremental Funding Grants are financed from incremental property taxation due to assessment growth for an individual property. Rebates on planning fees would impact the operating budget, which are difficult to estimate at this time. The Building Permit fee would be waived to the property owner; however, the reduced amount would need to be funded from another source to make the building reserve whole. Similarly, the DC reduction would need to be funded from alternative sources to make the DC reserve whole. Both of these latter items could be funded from the Economic Development component of the OLG contribution agreement. The funding sources will be determined as applications are submitted and approved by Council. CITY'S STRATEGIC COMMITMENT The intent of the modifications to the Gateway Economic Zone CIP will implement the key action to `foster business investment and job creation through existing Community Improvement Plans (CIP) and the establishment of a City-Wide CIP' under Council's Strategic Priorities for Economic Growth and Prosperity. LIST OF ATTACHMENTS Appendix 1 — Draft Amendment to the Niagara Gateway Economic Zone Community Improvement Plan (in the form of a consolidated document) > Appendix 2 — PBD-2015-29 Recommended by: ! ,'4,s.; - )_ ' Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: '2441-ILJ Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2015\PBD-2015-52,Municipal Employment Incentive Program,Niagara Gateway Economic Zone.docx PBD-2015-52 Appendix 1 Niagara,Falls NIAGARA GATEWAY ECONOMIC ZONE COMMUNITY IMPROVEMENT PLAN TABLE OF CONTENTS 1.0 Introduction 4 1.1 Background 4 1.2 Purpose 5 1.3 Approach 5 1.4 Methodology and Consultation 6 1.4.1 Niagara Gateway Economic Zone Implementation Committee 6 1.4.2 Local Municipalities 6 1.4.3 Background Report 7 1.4.4 Stakeholder Consultation Session#1 7 1.4.5 Stakeholder Consultation Session#2 7 1.4.6 Survey of Key Opinion Leaders in the Real Estate, Development and Design /Build Community 8 1.4.7 Niagara Falls Municipal Employment Creation Incentive Program 8 1.5 Plan Content 9 2.0 Legislative and Regulatory Framework 10 2.1 Municipal Act, 2001 10 2.2 Planning Act 10 2.3 Development Charges Act 13 2.4 Ontario Regulation 550/06 13 3.0 Policy Framework 15 3.1 Provincial Policy Statement, 2005 15 3.2 Places to Grow: Growth Plan for the Greater Golden Horseshoe 15 3.3 Navigating Our Future: Niagara's Economic Growth Strategy 2009-2012 16 3.4 Niagara Gateway Economic Zone Final Report 17 3.5 Regional Official Plan Amendment 2-2009 and the Niagara Growth Management Strategy(Niagara 2031) 18 3.6 Niagara Gateway Employment Lands Study 19 3.7 Regional Official Plan Amendment 1-2012 20 3.8 Niagara Falls Official Plan 20 4.0 Goals of the CIP 21 5.0 Community Improvement Project Area 22 6.0 Incentive Programs 24 6.1 Summary 24 6.2 General Program Requirements 25 6.3 Tax Increment Based Grant Program 28 2 _ - ' ' r _ 6.3.1 Purpose 28 6.3.2 Description 28 6.3.3 Program Requirements 29 6.4 Development Charge Grant Progrm 29 6.4.1 Purpose 29 6.4.2 Description 30 6.4.3 Program Requirements 30 6.5 Municipal Employment Creation Incentive Program 30 6.5.1 Purpose 30 6.52 Description 30 6.5.2 Program Requirements 31 7.0 Municipal Leadership Acions 32 8.0 Monitoring Program 33 8.1 Purpose 33 8.2 Description 33 8.3 Program Adustments 34 9.0 Marketing Strategy 35 9.1 Key Objective and Messages 35 9.2 Target Audience 35 9.3 Marketing Tools 35 10.0 Conclusion 37 11.0 References 38 Appendix A Strategic locations for Investment 39 Appendix B Joint Administration Process for Tax Increment Based Grant Program 39 Appendix C Tax Increment Based Grant Program Application Evaluation 41 Appendix D Development Charge Grant Program Application Evaluation 44 Appendix E Targeted Sectors and Land Uses 45 1.0 Introduction 1.1 Background In recognition of the importance of cross-border trade with the United States, the Province of Ontario's Places to Grow Growth Plan for the Greater Golden Horseshoe, 2006 (referred to herein as the "Growth Plan") recognized the Niagara Gateway Economic Zone as having unique economic importance to the Greater Golden Horseshoe region and Ontario. The Growth Plan states that planning and economic development in the Gateway Economic Zone will support economic diversity and promote increased opportunities for cross-border trade, movement of goods and tourism. The Growth Plan graphically identified the Gateway Economic Zone and Gateway Economic Centre on Schedules 2 (Places to Grow Concept), 5 (Moving People- Transit) and 6 (Moving Goods) in the Plan. The Gateway designation in Schedule 2 of the Growth Plan shows a Gateway Economic Zone stretching along the Niagara River and the Queen Elizabeth Way between the City of Niagara Falls and the Town of Fort Erie and a Gateway Economic Center which is centered in the southern Niagara Region near the City of Welland and Port Colborne, including port facilities along the Welland Canal. In the policy section on Employment Lands, the Growth Plan textually defined the Gateway Economic Zone and Gateway Economic Center as referring to the Settlement Areas (urban areas and rural settlement areas designated in an Official Plan)within the areas conceptually depicted on Schedules 2, 5 and 6 in the Plan. The Niagara Gateway Economic Zone Final Report was prepared for Niagara Region by GHK in December of 2008 to provide an action plan to achieve the goals of the Province's Growth Plan for the Gateway Economic Zone, namely supporting economic diversity and promoting increased opportunities for cross-border trade, movement of goods and tourism. The Niagara Gateway Economic Zone Final Report was received by Regional Council February of 2009, coinciding with Niagara 2031, the Region's Growth Management Strategy, which included the adoption of a Preferred Growth Option for Niagara (Niagara Region Report DPD 54-2008). In May of 2009, Regional Council approved an Implementation Work Plan and Implementation Committee for the nine recommendations in the Gateway Economic Zone Final Report. The preparation of this Gateway Economic Zone Community Improvement Plan (referred to herein as the "Gateway CIP") stems largely from Recommendation #8 if the Niagara Gateway Economic Zone Final Report (page 58) which states that "The Region of Niagara will work with the Province, local municipalities and its economic development agencies to create an attractive investment climate for its employment lands through such measures as improving their appearance, improving infrastructure, reducing the cost of servicing industrial lands, expanded targeted tax increment equivalent grant programs on a regional scale and opportunities for developing environmentally sustainable industrial buildings in such a way as to ensure sufficient employment lands are available for the future." The Niagara Gateway Economic Zone Final Report identified incentives within a CIP as a way to make employment lands in the Gateway Economic Zone more attractive and accelerate the process of bringing these employment lands to market, The Niagara Gateway Economic Zone Final Report highlights the use of a CIP to accomplish these objectives because the Province's Growth Plan designated the Niagara Gateway Economic Zone as the only Gateway Zone in Ontario. 4 1.2 Purpose Niagara Region retained RCI Consulting to prepare this Gateway CIP. The primary purpose of this Gateway CIP is to revitalize, diversify and strengthen the economy in Niagara by promoting development of the employment lands in the Gateway Economic Zone. As discussed in Section 2.0 of this Plan, Provincial and Regional Plans, policies and studies related to the Niagara Gateway Economic Zone strongly emphasize the need for economic diversification in Niagara. The development of the employment lands within the Gateway Economic Zone can play a role in helping to diversify the economic base of Niagara. This Gateway CIP provides a comprehensive framework for the introduction and implementation of financial incentive programs and municipal leadership actions designed to attract investment and development in targeted strategic growth sectors to employment lands in the Gateway Economic Zone. Along with a number of supporting land use plans and policies, and infrastructure and transportation improvements, it is anticipated that the Gateway CIP will play a significant role in the development of the Gateway employment lands and the revitalization and strengthening of the Regional economy through diversification. Therefore, the Gateway CIP will help to achieve the goals identified in the in the Province's Growth Plan and the Niagara Gateway Economic Zone. 1.3 Approach Based on a review of the legislative and regulatory framework for preparation of the Gateway CIP (see Section 2.0), a CIP that offers grants and loans for development of the employment lands in the Niagara Gateway Economic Zone cannot be adopted by the upper-tier (Niagara Region) because this is not a prescribed matter under the Ontario Regulation 550/06. This left Niagara Region and the five Local Municipalities in the Gateway Economic Zone (Fort Erie, Niagara Falls, Port Colborne, Thorold and Welland) with essentially two options for approaching the preparation for a CIP for the employment lands in the Niagara Gateway Economic Zone: 1) Expand the myriad of existing CIPs in the five Local Municipalities to cover the employment lands in the Gateway Economic Zone; or, 2) Prepare a new Gateway CIP that applies only to employment lands in the Gateway Economic Zone with this Gateway CIP being endorsed by Niagara Region and adopted by the five local Municipalities. Approach 1 above would involve a very complex and time consuming process because the five Local Municipalities in the Gateway currently have no less than a dozen adopted and approved CIPs in place. Several of these CIPs would have to be amended to modify the incentives contained in the CIPs and then expand the financial incentives contained within each CIP to cover the employment lands in the Gateway Economic Zone. The process of undertaking and coordinating all these CIP amendments would be a monumental task. Furthermore, the amendments to the incentive programs contained in existing CIPs could compromise the intent of the original CIP's which were designed primarily to promote downtown/ commercial area and brownfield redevelopment, and thereby possibly expose these existing CIPs to an appeal to the Ontario Municipal Board. Consequently, it was determined that the preferred approach to the preparation and adoption of a Gateway CIP was Option 2) above. In consultation with the five Local Municipalities and other key stakeholders, Niagara Region led and coordinated the preparation of this "Master Gateway CIP" for employment lands within the five Local municipalities in the Gateway Economic Zone. It 5 is intended that Niagara Region will endorse this Master Gateway CIP and then all five Local Municipalities will adopt this Master Gateway CIP. This approach ensures consistency in the incentive programs offered across all five Local Municipalities and each Local Municipality will then be able to offer grants that are partially funded by Niagara Region. This approach complies with the Planning Act and avoids the limitations on matters that can be addressed by an upper tier municipality in 0. Reg 550/106. The MMAH was consulted on this approach and MMAH confirmed that they support municipalities working together to achieve common community improvement planning objectives. 1.4 Methodology and Consultation A number of tasks were completed in order to provide a comprehensive foundation for the preparation of this CIP. Considerable effort was also made to consult with key stakeholders and Local Municipalities and ensure they had ample opportunity to provide input and comment on the Gateway CIP during its preparation. These tasks completed in preparation of the CIP and the various consultation sessions are briefly described below. 1.4.1 Niagara Gateway Economic Zone Implementation Committee The Niagara Gateway Economic Zone Implementation Committee (referred to herein as the "Gateway Implementation Committee ") was formed in May of 2009 to maintain oversight responsibility for implementation work related to the Niagara Gateway Economic Zone. The Gateway Implementation Committee met several times during the preparation of this CIP. These meetings allowed the consultant to: • provide the Gateway Implementation Committee with project updates; • plan for and discuss results of the consultation sessions; and, • obtain comments and feedback from the Committee on key elements of the CIP. 1.4.2 Local Municipalities In addition to Local planning and economic development staff being invited to the two stakeholder consultation sessions held during preparation of the CIP, the project consultant and Regional staff met several times with the Local Municipal CIP Coordinators during key stages of preparation of the CIP. This included meetings at the beginning of the CIP preparation process, during development of the incentive programs and municipal leadership actions, and prior to finalization of the CIP. These meetings provided an opportunity for the project consultant to provide project updates to key Local Municipal staff and obtain input and comments on the key aspects of the CIP. The Local Municipalities were also invited to provide written comments at key stages during preparation of the CIP. Written comments were received from several of the Local Municipalities during preparation of the CIP and these written comments were reviewed by the project consultant and Regional staff. 6 1.4.3 Background Report The first step in preparation of this CIP was the preparation of a Background Report in July of 2011. The Background Report included: a) a review of relevant Provincial legislation and regulations; b) a review of relevant Provincial, Regional and Local planning and policy documents; c) a best practices review of other relevant CIPs and incentive programs; and d) specification of the preliminary goals, community improvement project area and incentive program concepts to be considered for inclusion in the CIP. By way of Regional Council approving Integrated Community Planning Committee Report ICP 63 -2011 in July of 2011, Regional Council directed that the Gateway CIP Background Report be used as the basis to develop a CIP for the Gateway Economic Zone. The Background Report was then sent out to 100 key stakeholders along with an invitation to attend the first Stakeholder Consultation Session. 1.4.4 Stakeholder Consultation Session #1 The first stakeholder consultation session was held on September 16, 2011 and was attended by 40 key stakeholders. The project consultant presented the Background Report and answered several questions from those in attendance. The attendees were then divided into four working groups (each led by a facilitator) and asked to comment on the: a) Preliminary Goals for the Gateway CIP; b) Recommended Community Improvement Project Area; c) Guiding Principles for the financial incentive program concepts and the types of financial incentive programs preferred for the Gateway CIP; and, d) Other strategies and actions on the part of Niagara Region and Local Municipalities that should be included in the Gateway CIP to help achieve the plan's goals. Based on the input received from key stakeholders and the Gateway Implementation Committee, the project consultant prepared a Draft Implementation Plan in February of 2012. This Draft Implementation Plan included: a) augmented goals for the CIP; b) a refined recommended Community Improvement Project Area; c) proposed financial incentive programs to be included in the CIP; and, d) proposed municipal actions to complement the proposed incentive programs. 1.4.5 Stakeholder Consultation Session #2 The Draft Implementation Plan was presented at a second Stakeholder Consultation Session held on March 8, 2012 and to the Gateway Implementation Committee on March 29, 2012. The second stakeholder consultation session was attended by 26 key stakeholders. The project consultant presented the Draft Implementation Plan and answered questions from those in attendance. The attendees were then divided into three working groups (each led by a facilitator) and asked to comment on the proposed incentive programs and municipal actions contained in the CIP. Input from the second Stakeholder Consultation Session and the Gateway Implementation Committee was then used to refine the incentive programs and municipal actions contained in this CIP. 7 1.4.6 Survey of Key Opinion Leaders in the Real Estate, Development and Design /Build Community While many key leaders in the real estate, development and design build community were invited to both stakeholder consultation sessions, it was felt that not enough of these key leaders attended both sessions, and in particular the second session. Therefore, Eric P. Jones & Associates Inc. (EJA) was engaged by Niagara Region to conduct a survey of key opinion leaders in the real estate, development and design /build community regarding the incentive programs and municipal actions proposed for inclusion in the Gateway CIP and how well these match their current and future needs. This was done in conjunction with a parallel project by EJA to develop a Strategic Marketing Plan for the Niagara Gateway Economic Zone. A list of potential respondents was drawn from the invitee list of real estate, development and design /build professionals for a roundtable held as part of the Market Research component of the aforementioned parallel project. This list was augmented by a list of potential respondents supplied by RCI Consulting resulting in a total of 28 potential respondents. In early May of 2012, each respondent was sent a direct mail and e-mail package consisting of a cover letter, the Draft Implementation Plan for the CIP, and a questionnaire regarding the incentive programs and municipal actions proposed for inclusion in the CIP. After follow up with the potential respondents, 17 of the 28 potential respondents (61%) completed the questionnaire. The questionnaire responses were reviewed by the CIP project consultant, and minor adjustments were made to the incentive programs and municipal actions as a result of the comments received from the key leaders in the real estate, development and design build community. 1.4.7 Niagara Falls Municipal Employment Creation Incentive Program In 2015, the City of Niagara Falls initiated an amendment to the Niagara Gateway Economic Zone and Centre Community Improvement Plan to introduce additional incentives from the City. A public meeting for Amendment No. _was held on and final approval was given by City Council on . Amendment introduces a suite of local incentives under the title of Municipal Employment Creation Incentive Program (MEIP) that offers additional incentives for development that have received TIBG approval. 8 1.5 Plan Content This CIP is divided into the following sections: • Section 2.0 provides a review of the legislative and regulatory framework for the CIP. • Section 3.0 reviews the policy framework for the CIP. • Section 4.0 specifies the goals for the CIP. • Section 5.0 describes the Community Improvement Project Area for the CIP. • Section 6.0 contains the municipal financial incentive programs designed to help achieve the goals of the CIP. • Section 7.0 outlines the municipal actions designed to complement the incentive programs and help achieve the goals of the CIP. • Section 8.0 contains a monitoring program designed to assist in monitoring progress on implementation of the CIP and the economic and other impacts of the programs contained in the CIP. • Section 9.0 contains a basic marketing strategy for the CIP. • Section 10.0 provides a brief conclusion to the CIP. • Section 11.0 provides a list of references cited in the CIP. • Appendices A to D contain a number of supporting documents, including a map showing the Strategic Locations for Investment within the Gateway Community Improvement Project Area and administrative guidelines for the incentive programs contained in this CIP. 9 2.0 Legislative and Regulatory Framework 2.1 Municipal Act, 2001 Section 106 (1) and (2) of the Municipal Act, 2001 prohibits municipalities from directly or indirectly assisting any manufacturing business or other industrial or commercial enterprise through the granting of bonuses. Prohibited actions include: • Giving or lending any property of the municipality, including money; • Guaranteeing borrowing; • Leasing or selling any municipal property at below fair market value; and • Giving a total or partial exemption from any levy, charge or fee. This prohibition is generally known as the "bonusing rule ". Section 106 (3) of the Municipal Act, 2001 provides an exception to this bonusing rule for municipalities exercising powers under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of the Municipal Act, 2001. It is the exception under Section 28 of the Planning Act that allows municipalities with enabling provisions in their official plans to prepare and adopt community improvement plans (CIPs). CIPs provide municipalities with a comprehensive framework for the planning and provision of economic development incentives in areas requiring community improvement. Section 365.1 of the Municipal Act, 2001 operates within the framework of Section 28 of the Planning Act. A municipality with an approved community improvement plan in place that contains provisions specifying tax assistance for environmental remediation costs will be permitted to provide said tax assistance for municipal property taxes. Municipalities may also apply to the Province to provide matching education property tax assistance through the Province's Brownfields Financial Tax Incentive Program (BFTIP). Section 107 of the Municipal Act, 2001 describes the powers of a municipality to make a grant, including the power to make a grant by way of a loan or guaranteeing a loan, subject to Section 106 of the Municipal Act, 2001. In addition to the power to make a grant or loan, these powers also include the power to: • sell or lease land for nominal consideration or to make a grant of land; • provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by council; • sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the municipality or to provide for the use of the personal property on such terms as may be fixed by council. 2.2 Planning Act Section 28 of the Planning Act allows the council of a local municipality and prescribed upper- tier municipalities with provisions in their official plans relating to community improvement to designate by by-law the whole or any part of the area covered by such an official plan as a "community improvement project area" (Section 28(2)) and prepare and adopt a community improvement plan (CIP) for that area (Section 28(4)). Once the CIP has been adopted by the municipality and comes into effect, the municipality may exercise authority under Section 28(6), (7) or (7.2) of the Planning Act or Section 365.1 of the Municipal Act, 2001 in order that the exception provided for in Section 106 (3) of the Municipal Act 2001, will apply. 10 Once a CIP has come into effect, the municipality may: 1) acquire, hold, clear, grade or otherwise prepare land for community improvement (Section 28 (3) of the Planning Act). 2) construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan (Section 28 (6)); 3) sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan (Section 28 (6)); and 4) make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of land and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan (Section 28(7)) Section 28 (4.0.1) of the Planning Act restricts the CIP of an upper-tier municipality to dealing only with prescribed matters. Ontario Regulation 550/06 defines these prescribed matters and this regulation is described in Section 2.4 of this report. Section 28 (7.2) of the Planning Act specifies that the council of an upper tier municipality may make grants or loans to the council of a lower -tier municipality and the council of a lower -tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans. Consultation with the MMAH has confirmed that an upper tier municipality may in fact decide on a case-by-case (application by application) basis whether or not to provide grants or loans to a lower tier municipality in relation to the funding of incentive programs available in the lower tier municipality's CIP. Furthermore, the upper-tier municipality may also attach different terms and conditions as to security and otherwise to individual applications than the lower tier municipality. Policy 12.72 of the Niagara Region Policy Plan does in fact contain such a policy and it states that "The Region may establish programs for the provision of grants and loans to local municipalities for the purpose of achieving the goals of Community Improvement Plans." In relation to the designation of a community improvement project area for the Gateway CIP and what can be included as eligible costs in the incentive programs contained within the Gateway CIP, the definition of a "community improvement project area" and "community improvement" within Section 28 of the Planning Act are discussed below. Section 28 (1) of the Planning Act defines a "community improvement project area" as "a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason ". This definition allows municipalities to address community improvement issues that are both local in nature, e.g., downtown or commercial area revitalization, and those issues that are more pervasive across entire municipalities, such as the promotion of brownfield redevelopment or community economic revitalization. It is also important to note that there are a variety of reasons that an area can be designated as an area in need of community improvement. The criteria for designation cover not only physical deterioration, but also faulty arrangement, unsuitability of buildings, and any other environmental, social or community economic development reasons. 11 Section 28 (1) of the Planning Act defines "community improvement" as "the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable, or other uses, buildings, structures, works, improvements or facilities, or spaces therefore, as may be appropriate or necessary". This represents a wide range of municipal actions that a municipality can take. Section 28 (7.1) of the Planning Act provides specific guidance on the eligible costs of a CIP in relation to the municipal provision of grants and loans for the purpose of carrying out a CIP that has come into effect. Section 28 (7.1) of the Planning Act specifies that these eligible costs may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities. There are several reasons for designating the employment lands within the settlement areas of Fort Erie, Niagara Falls, Port Colborne, Thorold and Welland as the community improvement project area for this Gateway CIP. First, many of the developed employment lands within the Gateway Economic Zone suffer from issues such as age, dilapidation, faulty arrangement and unsuitability of existing buildings. Many of the undeveloped employment lands within the Gateway Economic Zone suffer from issues such as soil bearing capacity, presence of watercourses, flooding, and other pervasive physical deficiencies that must be rehabilitated before or as these lands are developed. Next, the designation of employment lands within the Gateway Economic Zone as a community improvement project area will allow these lands to be used for the promotion of energy efficient uses, buildings and facilities. Finally, the primary reason for designating the employment lands within the Gateway Economic Zone as a community improvement project area is that the development and redevelopment of these employment lands is desirable for the community economic development reason of promoting economic rehabilitation, revitalization and diversification, both within the Gateway Economic Zone, and across the Region of Niagara as a whole. The community improvement of the employment lands within the Gateway Economic Zone is also desirable in order to meet the goals of the Province's Growth Plan and the Region's Policy Plan. Community improvement as contemplated for the Gateway CIP would include many of the activities contained in the Section 28 Planning Act definition of community improvement, including planning, development, construction, reconstruction, rehabilitation and the improvement of energy efficiency. The Gateway CIP can also include recommendations for the provision of works, improvement or facilities that help create an attractive investment climate for the employment lands in the Gateway such as improving infrastructure. Therefore, based on the definition of"community improvement, "community improvement project area ", and "community improvement plan" in Section 28(1) of the Planning Act, the Planning Act permits and supports a CIP that provides grants and/or loans for the development and redevelopment of designated employment lands within the settlement areas of Fort Erie, Niagara Falls, Port Colborne, Thorold and Welland in Niagara's Gateway Economic Zone. In terms of limits on the total grants and loans that can be provided under this CIP, Section 28 (7.3) of the Planning Act specifies that the total of all grants and loans made in respect of particular lands and buildings under Section 28 (7) and (7.2) of the Planning Act and tax assistance provided under Section 365.1 of the Municipal Act, 2001 in respect of the land and buildings shall not exceed the eligible cost of the community improvement plan with respect to 12 those lands and buildings. As a number of other CIPs already exist in the five local municipalities, this limit on the total grants and loans that can be provided under a CIP is extended to include all applicable CIPs in Section 6.0 of this CIP. Section 28(11) of the Planning Act allows a municipality to register an agreement concerning a grant or loan made under subsection 28(7) or an agreement entered into under subsection 28(10) against the land to which it applies and the municipality shall be entitled to enforce the provisions thereof against any party to the agreement and, subject to the provisions of the Registry Act and the Land Titles Act, against any and all subsequent owners or tenants of the land. Finally, Section 69 of the Planning Act allows municipalities to reduce or waive the amount of a fee in respect of a planning application where it feels payment is unreasonable. Municipalities can use this tool to waive all matter of planning application fees to promote community improvement without inclusion in a CIP. Alternatively, a municipality can collect fees and then provide a grant equal to part or all of the fees in the form of a grant, but this must be done within a CIP. 2.3 Development Charges Act Section 5 of the Development Charges Act allows a municipality to exempt a type(s) of development from a development charge, but any resulting shortfall cannot be made up through higher development charges for other types of development. This allows upper and lower tier municipalities to offer partial or total exemption from municipal development charges (also known as a reduction of development charges) in order to promote community improvement. Because this financial incentive is normally offered before construction, i.e., at the time of building permit issuance, it is very attractive to developers and is a very powerful community improvement tool. This approach to providing a development charge incentive normally entails an amendment to a municipal development charges by -law. Municipalities can also collect development charges as normal at the time of building permit issuance and then provide a grant equal to part or all of the development charges once the project is complete. This approach is usually utilized by municipalities when the amount of the development charge reduction (grant) is tied to some performance measure for the project, e.g., the level of LEED certification. 2.4 Ontario Regulation 550/06 Section 28 (4.0.1) of the Planning Act restricts the CIP of an upper -tier municipality to dealing only with prescribed matters. Ontario Regulation (0.Reg) 550/06 prescribes that the CIP of an upper tier municipality may deal only with the following matters: 1) Infrastructure within the upper tier municipality's jurisdiction; 2) Land and buildings within and adjacent to existing or planned transit corridors that have the 3) potential to provide a focus for higher density mixed use development and redevelopment; and, 4) Affordable housing. "Infrastructure" as defined in 0. Reg. 550/06 means physical structures and associated facilities that form the foundation of development, including, 13 a) communications systems, b) electric power systems, oil and gas pipelines, alternative energy systems and renewable energy systems, c) transportation corridors and facilities, d) waste management systems, and e) water works, wastewater works, stormwater works and associated facilities. 0. Reg. 550/06, s.1. The adoption of an upper-tier Gateway CIP that provides incentives for the development and redevelopment of employment lands within the Niagara Gateway Economic Zone is not permitted because the provision of incentives for this purpose is not a prescribed matter under 0. Reg 550/06. The Ministry of Municipal Affairs and Housing (MMAH) was consulted and confirmed this interpretation of 0. Reg 550/06. However, 0. Reg 550/06 does not prevent the five Local Municipalities with designated employment lands in the Niagara Gateway Economic Zone from each adopting a Master Gateway CIP to promote the development and redevelopment of these lands for the purposes described in Section 1.2 of this Plan. Once such a Gateway CIP is endorsed by the Region and adopted by each Local Municipality in the Gateway Economic Zone, each Local Municipality could then offer grants and loans that are partially funded by Niagara Region. This is the current arrangement with Local Municipal CIP programs being partially funded by the Niagara Region Smarter Niagara Incentive Programs. The MMAH was consulted with regard to the above described approach to preparation of this CIP and the MMAH confirmed that they support municipalities working together to achieve common objectives. The MMAH encouraged Niagara Region to work in partnership with the five Lower Tier councils to identify an approach that complies with the Planning Act and is satisfactory to the Region and the lower tier municipalities. Therefore, the approach to preparing and adopting this Gateway CIP, i.e., the Region coordinating preparation of a Master Gateway CIP with the five Local Municipalities, and then having this CIP adopted by each of the five Local Municipalities, complies with the Planning Act. 14 3.0 Policy Framework 3.1 Provincial Policy Statement, 2005 The Provincial Policy Statement (PPS) is issued under Section 3 of the Planning Act and provides direction on matters of provincial significance related to land use planning and development. The latest version of the PPS came into effect on March 1, 2005. The Planning Act requires that, "decisions affecting planning matters shall be consistent with policy statements issued under the Act'. The vision for land use planning in Ontario in the PPS states that "the long-term prosperity and social well-being of Ontarians depends on maintaining strong communities, a clean and healthy environment and a strong economy". Several policies in the PPS support economic development and diversification. For example, Policy 1.3.1 of the PPS states that planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses)to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) planning for, protecting and preserving employment areas for current and future uses; and, d) ensuring the necessary infrastructure is provided to support current and projected needs. Policy 1.7.1 of the PPS specifies that long -term economic prosperity should be supported by a number of activities, including the: • optimization of the long-term availability and use of land, resources, infrastructure and public service facilities; • provision of an efficient, cost-effective, reliable multi-modal transportation system that is integrated with adjacent systems and those of other jurisdictions; and, • the provision of opportunities for sustainable tourism development. 3.2 Places to Grow: Growth Plan for the Greater Golden Horseshoe The key provincial policy document in relation to the Gateway CIP is the Province's Growth Plan for the Greater Golden Horseshoe (2006) ("Growth Plan"), released in 2006. This Plan is the Province of Ontario's growth strategy for the Greater Golden Horseshoe region, which was completed under the "Places to Grow" program. The Niagara Region is included within the Growth Plan's area. The Growth Plan is identified as "a framework for implementing the Government of Ontario's vision for building stronger, more prosperous communities by managing growth in the region to 2031 ". The Growth Plan provides an overall growth strategy for the region that complements the Provincial Policy Statement (PPS) and is implemented primarily by municipal planning documents and other municipal tools. In recognition of the importance of cross-border trade with the Unites States, the Growth Plan recognizes the Niagara Gateway Economic Zone as having unique economic importance to the 15 Greater Golden Horseshoe region and Ontario. The Growth Plan graphically identifies the Gateway Economic Zone and Gateway Economic Centre on Schedules 2 (Places to Grow Concept), 5 (Moving People - Transit) and 6 (Moving Goods) in the Plan. The Gateway designation in Schedule 2 of the Growth Plan shows a Gateway Economic Zone stretching along the Niagara River and the Queen Elizabeth Way between the City of Niagara Falls and the Town of Fort Erie and a Gateway Economic Centre which is centered in southern Niagara Region near the City of Welland and Port Colborne, including port facilities along the Welland Canal. Section 6 of the Province's Growth Plan actually defines the Gateway Economic Zone and Gateway Economic Centre as the "Settlement Areas" conceptually depicted on Schedules 2, 5 and 6 that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Growth Plan then further defines "Settlement Areas" as urban areas and rural settlement areas within municipalities where: a) development is concentrated and which have a mix of land uses; and, b) lands have been designated in an official plan for development over the long term planning horizon provided for in the PPS, 2005. Where there are no lands designated over the long term, the settlement area may be no larger than the area where development is concentrated. The Growth Plan notes the importance of ensuring an adequate supply of land for employment areas and other employment uses within the Greater Golden Horseshoe. In fact, Section 2.2.6 on Employment Lands stresses the need for municipalities to promote economic development and competitiveness by providing opportunities for a diversified economic base, including a range and choice of suitable sites that support a wide range of economic activities and employment uses, as well as planning for employment areas for current and future uses and ensuring the necessary infrastructure is provided to support current and forecasted employment needs. Section 2.2.6 of the Growth Plan states that planning and economic development in the Gateway Economic Zone will support economic diversity and promote increased opportunities for cross-border trade, movement of goods and tourism. It is the intention of the Growth Plan that local planning and economic development tools, such as a CIP, be used to help achieve these Provincial Growth Plan goals for the Niagara Gateway Economic Zone. 3.3 Navigating Our Future: Niagara's Economic Growth Strategy 2009-2012 The Region's Economic Growth Strategy was initiated by Regional Council and developed under the leadership of the Niagara Economic Development Corporation (NEDC). This Strategy presents six strategic directions and supporting action plans to foster economic growth in Niagara. Several of these strategic directions and actions are relevant to the Gateway CIP. One of the strategic directions in the Region's Economic Growth Strategy is the creation of a competitive business environment. One of the key actions specified under this strategic direction is the implementation of a full range of Smart Growth initiatives including community improvement programs and incentives. The Region's Economic Growth Strategy also targets strategic employers in current and emerging industry clusters. Actions include supporting infrastructure developments that encourage industrial growth in Niagara, especially above the Niagara Escarpment, and developing a plan to create and implement the Niagara Gateway Economic Zone to stimulate investment, new industrial development and employment growth 16 within the region. Again, this CIP will play a significant role in helping to achieve these strategic economic development directions. 3.4 Niagara Gateway Economic Zone Final Report The Niagara Gateway Economic Zone Final Report was prepared in December of 2008 by GHK and received by Regional Council in February of 2009 (see Report DPD 54-2008). In May of 2009, Regional Council approved an Implementation Work Plan and Implementation Committee for the nine recommendations in the Gateway Economic Zone Final Report. The purpose of the Niagara Gateway Economic Zone Report was to develop an action plan to promote increased opportunities for cross-border trade, goods movement, tourism and economic diversity, i.e., an action plan to achieve tangible results in making the Gateway Economic Zone a reality. The report was prepared to assist all levels of government in guiding policies and programs towards economic diversification, infrastructure planning and investment in Niagara. It was also intended to inform the Growth Management Strategy (Niagara 2031) that was being concurrently prepared at the time. The Niagara Gateway Economic Zone Final Report was based on broad consultation with key regional stakeholders regarding their vision for the Gateway and the strengths, weaknesses, opportunities and threats it faces in moving forward. Based on this SWOT Analysis and a review of economic and other characteristics in the Gateway, the Niagara Gateway Economic Zone Final Report specifies a number of overall policy objectives and a number of recommendations for moving forward with development of the Niagara Gateway. The report specifies key overall policy objectives in relation to employment lands within the Gateway that include the Region: a) working in partnership with relevant local municipalities and the Province to finance and provide adequate, fully serviced and attractive employment lands to allow job opportunities and economic diversity to expand in key economic clusters including tourism, gaming, agriculture, aerospace, logistics, food processing, health, bio- sciences, green technologies and interactive media; and, b) protecting employment land and ensuring lands for future employment growth. The Report stresses that the Region's economy is underperforming and that the Region must move toward a more diversified economy that takes advantage of Niagara's location as a Gateway and diversifying into areas that support and contribute to trade and tourism. The preparation of a Gateway CIP stems largely from Recommendation #8 in the Niagara Gateway Economic Zone Final Report which states that the Region of Niagara will work in partnership with the Province, local municipalities and economic development agencies to create an attractive investment climate for employment lands through such measures as improving their appearance, improving infrastructure, reducing the cost of servicing industrial lands, expanded targeted tax increment equivalent grant programs on a regional scale and exploring opportunities for developing environmentally sustainable industrial buildings in such a way as to ensure sufficient employment lands are available for the future. It is useful to note that this recommendation indicates that a tax increment equivalent grant program (referred to as a tax increment based grant program herein) should be targeted to specific employment sectors and that alternative means of shifting development into the Gateway, such as land use controls, would also need to be considered. 17 The Niagara Gateway Economic Zone Final Report suggests that the use of a CIP to accomplish the economic development objectives for the Gateway may gain some traction because the Province's Growth Plan designated the Niagara Gateway Economic Zone as the only Gateway Zone and Centre in Ontario. In this regard, Appendix C of the Niagara Gateway Economic Zone Final Report explores the question of how to offer incentives for employment lands within the Niagara Gateway Economic Zone. The report notes that there would be two options. The first option would be for the Region to prepare an upper tier CIP for the Gateway. The second option would be to create new lower tier CIPs or expand existing lower tier CIPs to offer incentives for employment lands within the Niagara Gateway Economic Zone. The ability for the Region to utilize these options and the selection of a preferred approach was discussed in Section 1.3 of this CIP. Finally, it is important to note that in addition to Recommendation #8 to expand tax increment grants to the Gateway area, the Niagara Gateway Economic Zone Final Report also recommends that the Region explore a number of other incentive programs for the Gateway. These include: • Recommendation #4 - prepare an analysis to determine the opportunities for establishing a Tax Increment Financing (TIF)Zone to assist with the cost of providing infrastructure within the Gateway; • Recommendation #6 - explore options for applying to the Province to establish a "Tax Incentive Zone" within the Niagara Region; and, • Recommendation #7 - prepare an analysis of opportunities for applying to the Federal Government to establish an Export Distribution Zone. Consequently, it is recommended that the Region review the purpose, overlap, complexity, timing and likelihood of successful implementation of the other incentive program recommendations contained in the Niagara Gateway Economic Zone Final Report once this Gateway CIP has been endorsed by the Region and adopted by the Local Municipalities. 3.5 Regional Official Plan Amendment 2-2009 and the Niagara Growth Management Strategy(Niagara 2031) The preparation of the Niagara Gateway Economic Zone Final Report coincided with preparation of Niagara 2031, the Region's Growth Management Strategy. Niagara 2031 was initiated to provide an updated higher level direction for Niagara in keeping with the Province's Growth Plan for the Greater Golden Horseshoe. Niagara 2031 examined land use and supporting infrastructure to set the stage for where and how Niagara will grow until 2031. Based on Niagara 2031, in February of 2009, Regional Council adopted a preferred growth option (Option D)for Niagara through approval of Report DPD 54-2008. In May of 2009, Regional Council adopted Regional Amendment 2-2009 to the Regional Official Plan for the Niagara Region (RPPA 2-2009) to implement the Region's Growth Management Strategy (Niagara 2031) and bring the Region's Official Plan into conformity with the Places to Grow Growth Plan and the PPS. The Amendment updates the Region's Policy Plan, including Section 5 where Urban Policies were replaced by Sustainable Community Policies that establish a new urban vision for the long term growth and development of Niagara and new policies to foster the development of sustainable, complete urban communities. 18 Section 3.2 of RPPA 2-2009 identifies the Niagara Economic Gateway as a key component of the Region's urban structure. Section 8 of RPPA 2-2009 (which was added to Section 4 of the Regional Official Plan) contains policies for the Niagara Economic Gateway Zone and Centre. These policies reflect the policy direction provided in the Niagara Gateway Economic Zone Final Report. For example, Policy 8.1 of RPPA 2-2009 specifies that the Niagara Economic Gateway includes all Settlement Areas within Niagara Falls, Fort Erie, Thorold, Welland and Port Colborne, as adjusted from time to time. The overall objective for the Niagara Economic Gateway is the creation of a high quality community that is sustainable. Policy 8.2 states that the Region will work in partnership with relevant local municipalities and the Province to finance and provide adequate, fully serviced and attractive employment lands to allow job opportunities and economic diversity to expand in key economic clusters including tourism, gaming, agriculture, aerospace, logistics, food processing, health, bio-sciences, green technologies and interactive media and the Region will protect employment lands and ensure lands for future employment growth. Policy 8.8 contains the policies for the employment lands within the Niagara Economic Gateway. This policy states that the Region will work in partnership with the Province, local municipalities and economic development agencies to develop a comprehensive funding strategy to create an attractive investment climate for employment lands through such measures as improving their appearance, improving infrastructure, reducing and supporting the cost of servicing industrial lands and exploring opportunities for developing environmentally sustainable industrial buildings. In summary, the Gateway CIP is one of the key tools that the Region and Local Municipalities can use to help achieve the above-noted Regional Official Plan goals. 3.6 Niagara Gateway Employment Lands Study The Niagara Gateway Employment Lands Study was completed by Dillon Consulting in July of 2011. This Study includes a review of best practices in gateway planning in North America and Europe. This review found that one of the key practices that supports the development of a successful economic gateway is the use of a toolkit of financial incentives to promote development of employment lands within the gateway. The Gateway Employment Lands Study also stresses the importance of coordinating transportation, infrastructure and land use plans for the Niagara Gateway with the economic development strategy for the Gateway. The centre piece of the Niagara Gateway Employment Lands Study is an analysis and land use policy review of the approximately 2,020 hectares (4,990 acres) of designated employment lands within the Gateway Economic Zone. Based on the results of this land use analysis and policy review, the Gateway Employment Lands Study presents a strategy that envisions the Gateway developing with infrastructure investment, planning and marketing efforts concentrated into six strategic locations for investment, each having a focus on targeted employment sectors. These six areas are: i) Brock Business Park - concentration on research and development, with mixed use development creating an opportunity for incubators; ii) Highway 406 Economic Gateway — emphasis would be on transportation, trade, warehousing, food processing, and advanced manufacturing; 19 iii) Welland Canal Green Manufacturing and Assembly Zone — focus would be on specialized industries which transport goods and materials by boat as well as dry industrial; iv) Fort Erie Industrial Park - opportunity for cross border trade, warehousing, logistics and light industry; v) Niagara Falls Priority Investment Area — secure storage area to capitalize on cross border trade industries; and, vi) Niagara Falls QEW Business Park — longer term opportunity for campus-style business park for business support services and tourism support services. Regional Council approved Integrated Community Planning Committee Report ICP 63-2011 in July of 2011. This report directed that the Niagara Gateway Employment Lands Study and the Gateway CIP Background Report be used as the basis to develop an amendment to the Regional Official Plan to define the Gateway Economic Zone and that the Gateway CIP Background Report be used as the basis to develop a CIP for the Gateway Economic Zone. Therefore, Regional Official Plan Amendment 1-2012 and the Gateway CIP were developed concurrently and in a coordinated and complementary manner. 3.7 Regional Official Plan Amendment 1-2012 Regional Official Plan Amendment 1-2012 (RPPA 1-2012) was adopted by Regional Council on July 5, 2012. The purpose of this amendment is to provide strategic direction for the development of employment lands within the Gateway and outline a land use strategy to support economic development and job creation in these areas. The land use strategy contained in RPPA 1-2012 is based on the land use policy review contained in the Niagara Gateway Employment Lands Study that identified the six strategic locations for investment. The Region conducted considerable consultation on RPPA 1-2012. The draft Amendment was circulated to the local municipalities in the Gateway, prescribed agencies and key stakeholders for comment. A stakeholder workshop was held on March 8, 2012 in conjunction with Workshop #2 on the proposed Gateway CIP to receive valuable feedback on both the draft Amendment and the proposed Gateway CIP. In addition, the Region hosted three Open Houses in the municipalities of Port Colborne, Welland and Fort Erie on March 22, 28 and 29, 2012 to receive comments and answer questions from the public regarding the proposed Amendment. 3.8 Niagara Falls Official Plan The City's Official Plan contains policies enabling the City to approve Community Improvement Plans anywhere within the urban area to accomplish certain development objectives. The City's Official Plan policies encourage the development of gateways with the focus on tourism development. 20 4.0 Goals of the CIP Based on the policy framework for the CIP and input from key stakeholders during and after the consultation sessions, the primary goals of the Gateway CIP are to: • Revitalize, strengthen and diversify the Region's economy; • Improve the attractiveness and competitiveness of the employment lands in the Gateway; • Create new employment and retain existing employment; • Increase property assessment and the Region's non- residential tax base; and, • Develop energy efficient, sustainable industrial buildings. In addition to the primary goals, additional (secondary) goals of the Gateway CIP identified by key stakeholders include: • Increase opportunities for cross border trade, movement of goods and tourism; • Contribute to the development of sustainable and complete communities; • Promote efficient use of water and wastewater infrastructure; • Support entrepreneurs and small businesses to grow; • Strengthen business links to local institutions, especially educational institutions; • Promote workforce development and better use of human capital; and, • Increase the attractiveness of Niagara Region as an economic centre to the international market. 21 5.0 Community Improvement Project Area The Province's Growth Plan graphically identifies the Gateway Economic Zone and Gateway Economic Centre on Schedules 2 (Places to Grow Concept), 5 (Moving People - Transit) and 6 (Moving Goods) in the Plan. The Gateway designation in Schedule 2 of the Growth Plan shows a Gateway Economic Zone stretching along the Niagara River and the Queen Elizabeth Way between the City of Niagara Falls and the Town of Fort Erie and a Gateway Economic Centre which is centered in southern Niagara Region near the City of Welland and Port Colborne, including port facilities along the Welland Canal. Section 6 of the Province's Growth Plan defines the Gateway Economic Zone and Gateway Economic Centre as the "Settlement Areas" conceptually depicted on Schedules 2, 5 and 6 that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Growth Plan then further defines "Settlement Areas" as urban areas and rural settlement areas within municipalities where: a) development is concentrated and which have a mix of land uses; and, b) lands have been designated in an official plan for development over the long term planning horizon provided for in the PPS, 2005. Where there are no lands designated over the long term, the settlement area may be no larger than the area where development is concentrated. As noted in Section 1.2 of this Plan, the primary purpose of this Plan is to promote development of the employment lands in the Gateway Economic Zone. Therefore, the community improvement project area for this Plan focuses on and includes only designated employment lands in the five municipalities (Fort Erie, Niagara Falls, Port Colborne, Thorold and Welland) within the Gateway Economic Zone. Furthermore, the community improvement project area for this Plan includes only those designated employment lands that meet the test of community improvement need, i.e., lands that would not otherwise be developed but for the incentive programs and other recommended actions contained in this CIP. This CIP, including the designation of the community improvement project area, must be in conformity with the Planning Act, the PPS 2005, the Province's Growth Plan and all other Provincial, Regional and Local Municipal legislation, regulations, plans and policies. The Regional Official Plan defines "settlement areas" as the urban area, villages and hamlets. Therefore, only designated employment lands within settlement areas as defined in the Regional Official Plan should be included in the Community Improvement Project Area for the Gateway CIP. Based on the definition of the Niagara Gateway Economic Zone in the Provincial Growth Plan, and policy direction provided by the Growth Plan, the Niagara Gateway Economic Zone Final Report, the Niagara Gateway Employment Lands Study, the Regional Official Plan and Local Official Plan policies, the Community Improvement Project Area for this CIP (hereinafter referred to as the "Community Improvement Project Area" or the "Gateway Community Improvement Project Area" is "all designated employment lands in the settlement areas within , Niagara Falls, , as amended from time to time " 22 In the above-noted definition of the Gateway Community Improvement Project Area: i) "designated employment lands" means lands that have been designated in the Local Official Plans for employment uses; and, ii) "settlement areas" means the urban area, villages and hamlets. The Gateway Community Improvement Project Area is properly defined by the above-noted text reference. Any change to designated employment lands within settlement areas, and therefore the Gateway Community Improvement Project Area, will be captured by the above -noted text reference and will not require amendment to this Plan. Based on the land use policy review contained in the Niagara Gateway Employment Lands Study and the accompanying RPPA 1-2012, eix (6) Strategic Locations for Investment (as illustrated in Appendix A) have been identified within the Gateway Community Improvement Project Area as the locations where infrastructure investment, planning and marketing efforts will be concentrated. Consequently, as described in Section 6.0 of this Plan, the duration of grant payments provided under the Tax Increment Based Grant Program - is also increased within the areas that are shown as Strategic Locations for Investment are offered for a longer period of time as compared to the balance of the Community Improvement Project Area. 23 6.0 Incentive Programs 6.1 Summary The financial incentive programs contained in this CIP were developed to help achieve the primary and secondary goals identified in Section 4.0 of this CIP. However, the key purpose of the incentive programs in this CIP is to revitalize, strengthen and diversify the economy in Niagara by promoting private sector investment, development, redevelopment, and construction activity on the employment lands in the Gateway Economic Zone. In order to help accomplish the goals of this CIP, two major incentive programs have been included in the CIP. The first is a Tax Increment Based Grant (TIBG) Program. In order to promote development in the Gateway Community Improvement Project Area that creates employment and assessment growth while also being energy efficient and sustainable, the percentage of the tax increment based grant under the TIBG Program is tied to the project's economic and environmental design performance. Furthermore, in order to prioritize development within the Gateway Community Improvement Project Area, the duration of grant payments provided under the TIBG Program is increased to 10 years in areas that are shown as Strategic Locations for Investment in Appendix A, as compared to 5 years in the balance of the Community Improvement Project Area. The second incentive program included in this CIP is a Development Charge Grant Program that provides a grant equivalent to Regional Development Charges paid on the project, but only for projects that achieve exceptional economic and environmental design performance levels. All projects taking advantage of the TIBG Program and the Development Charge Grant Program must conform to the Region's Model Urban Design Guidelines or Local Municipal Design Guidelines that conform to the Region's Model Urban Design Guidelines. As is the case with the existing TIBG Program under the Smarter Niagara Incentive Programs (SNIPs), the new TIBG Program included in this Gateway CIP will be a matching program between Niagara Region and the participating Local Municipalities. The Region will match the percentage of the tax increment based grant provided to a successful applicant by the City of Niagara Falls. The duration of the tax increment based grant in each Local Municipality adopting this CIP will be based on project location (within or outside one of the Strategic Locations for Investment) and the percentage of the tax increment based grant will be based on the project's economic and environmental design performance as described in Section 6.3 below. Consultation with the MMAH has confirmed that upper tier municipalities may in fact decide on a case -by -case (application by application) basis whether or not to provide grants or loans to a lower tier municipality in relation to the funding of incentive programs available in a Local Municipal CIP. Furthermore, the upper-tier municipality may also attach different terms and conditions as to security and otherwise to individual applications. Therefore, with regard to the incentive programs contained in this CIP, the Region retains the right to determine on an application by application basis, whether or not to provide a grant or loan to the Local Municipality, and furthermore, the terms and conditions as to security and otherwise in relation to said grant or loan. Because this CIP covers designated employment lands in five local municipalities in the Niagara Gateway Economic Zone and because the primary goals of this CIP relate to both Regional and Local economic development goals, the administration of the TIBG Program contained in this CIP will be a shared or joint process between the Local Municipalities and Niagara Region. This 24 process is described in Appendix B. The Development Charge Grant Program will be administered by Niagara Region. Appendices B to D contain information on the administration of the incentive programs contained in this CIP. Appendices B to D do not form part of the CIP, and therefore may be changed from time to time as required, without amendment to this Plan. 6.2 General Program Requirements All of the incentive programs contained in this CIP will be subject to the following general requirements as well as the individual requirements specified under each incentive program. The general and program specific requirements contained in this CIP are not necessarily exhaustive, and Local Municipalities the City of Niagara Falls and Niagara Region reserve the right to include other requirements and conditions as deemed necessary on a property specific basis: a) An application for any incentive program contained in this CIP: i) can be made only for properties within the Gateway Community Improvement Project Area; ii) must be submitted to and approved by the City and/or the Region (as applicable) prior to the commencement of any works to which the financial incentive program will apply and prior to application for building permit; and, iii) must include plans, drawings, studies, reports, cost and economic impact estimates, contracts, construction values, certifications, and other details and information as required by the City and the Region to satisfy the City and the Region with respect to project design, performance and conformity with the CIP; b) As a condition of application approval, the applicant may be required to enter into a grant agreement with the Cgty and Niagara Region. This Agreement will specify the terms, duration and default provisions of the incentive to be provided. c) Where other sources of government and /or non-profit organization funding (Federal, Provincial, Municipal, Federation of Canadian Municipalities, etc...) that can be applied against the eligible costs are anticipated or have been secured, these must be declared as part of the application. Accordingly, the grant may be reduced on a pro-rated basis; d) The Cary and the Region reserve the right to audit the cost of any and all works that have been approved under any of the financial incentive programs, at the expense of the applicant; e) The City and the Region are not responsible for any costs incurred by an applicant in relation to any of the programs, including without limitation, costs incurred in anticipation of a grant; f) If the applicant is in default of any of the general or program specific requirements, or any other requirements of the City and/or the Region, the approved grant may be delayed, reduced or canceled, and the applicant may be required to repay part or all of the approved grant; 25 g) If a building that was erected, expanded or improved using a grant available under the Gateway CIP is demolished prior to expiry of the grant period, the grant is terminated and any grant amount paid is repayable to and will be recovered by the City and the Region; h) The C y and the Region may discontinue any of the programs contained in the CIP at Any time, but applicants with approved grants will still receive said grant, subject to meeting the general and program specific requirements; i) Proposed land uses must be in conformity with the Regional Official Plan and app4icable-Local Niagara Falls Official Plan(s), Zoning By- laws and other planning requirements and approvals at both the local and regional level. A list of targeted land use and sectors is included as Appendix E ; j) Retail commercial uses visitor accommodations, and residential uses will not be eligible for the incentive programs included in this the Gate/vas" - CIP, and if such a use is included as an accessory use within an approved grant application, the grant provided under this CIP will be calculated only in relation to non - retail commercial uses, non-visitor accommodation, and non-residential uses; k) If part or all of a building(s) in a project approved for a grant is converted to retail commercial use, visitor accommodation use, or residential use at any time after project completion, but prior to the cessation of grant payments, the amount of the remaining grant payments will be adjusted accordingly on a go forward basis to reflect only the remaining non-retail commercial uses, non-visitor accommodation and non - residential uses; I) All proposed works approved under the incentive programs shall conform to provincial laws, and City and Regional guidelines, by-laws, policies, procedures, and standards; m) All projects approved for a Tax Increment Based Grant and a Development Charge Grant must conform to the Region's Model Urban Design Guidelines or City Design Guidelines that conform to the Region's Model Urban Design Guidelines; n) All works completed must comply with the description of the works as provided in the application form and contained in the grant agreement, with any amendments as approved by the City and the Region; o) All construction and improvements made to buildings and/or land shall be made pursuant to a Building Permit, and /or other required permits, and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; p) Outstanding work orders, and/or orders or requests to comply, and/or other charges from the Cit',i and the Region must be satisfactorily addressed prior to grant approval or payment, q) Property taxes must be in good standing at the time of program application and throughout the entire length of the grant commitment; r) CT/ and Regional staff, officials, and/or agents may inspect any property that is the subject of an application for any of the incentive programs; 26 s) C. ty; and Regional staff have the right to require annual reports from approved applicants and conduct annual inspections to ensure compliance with the grant agreement and make adjustments to incentive levels to reflect actual project performance in relation to the program requirements and the executed grant agreement; t) Applicants approved for the programs contained in this CIP will be required to complete the eligible works within specified timeframes; and, u) The total of all grants, loans and tax assistance provided in respect of the particular lands and buildings for which an applicant is making application under the programs contained in this CIP and any other applicable CIPs shall not exceed the eligible costs of the improvements to those particular lands and buildings under all applicable CIPs. 27 6.3 Tax Increment Based Grant Program 6.3.1 Purpose The purpose of the Tax Increment Based Grant (TIBG) Program is to stimulate new, sustainable investment by existing businesses and new businesses in the employment lands within the Gateway Community Improvement Project Area in the form of development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse of buildings and properties. 6.3.2 Description This program will provide a tax increment based grant following completion of an eligible project involving development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse on designated employment lands within the Gateway Community Improvement Project Area where that project creates an increase in assessment, and therefore an increase in property taxes2. The annual grant would be offered on a "pay-as-you go" basis, i.e., the applicant would initially pay for the entire cost of the eligible project. Then, when the project is complete and the following conditions have been met, the applicant would then be paid an annual grant: a) final building inspections have taken place; b) an occupancy permit has been issued (as applicable); c) all deficiencies have been addressed; d) the property has been reassessed by the Municipal Property Assessment Corporation (MPAC); and, e) the new property taxes have been paid in full for the year. The annual tax increment based grant payment provided under this program will be equal to a percentage of the municipal (Cit./ and Regional) property tax increase generated by the approved project. This percentage will be based on the as-built economic performance and environmental design performance of the project as described in Appendix C. Tax increment based grant payments for an approved project within any one of the Strategic Locations for Investment will cease when the total tax increment based grant along with all other grants, loans and tax assistance provided equals the eligible cost of improvements under all applicable CIPs, or after ten (10) years, whichever comes first. Tax increment based grant payments for an approved project outside any one of the Strategic Locations for Investment but within the Community Improvement Project Area will cease when 2 This program does not apply to: residential uses and it docs not apply to. cr ,es cr retail commercial uses. Where a project is mixed use, this program does not apply to the portion of the project containing residential, r. ..c?.c. or retail commercial uses 28 the total tax increment based grant along with all other grants, loans and tax assistance provided equals the eligible cost of improvements under all applicable CIPs, or: • after five (5) years, whichever comes first for the Regional portion of taxes. • after ten (10) years, whichever comes first for the City portion of taxes. 6.3.3 Program Requirements Applicants are eligible to apply for funding under this program, subject to meeting the general program requirements, the following program requirements, and subject to the availability of funding as approved by C t; Council and Regional Council: a) The following types of projects are considered eligible for this program: development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse that results in an increase in the assessed value and property taxes on the property; b) The applicant may be required to submit a Business Plan, with said plan to the satisfaction of the City and Niagara Region; c) The City may require the applicant to submit for approval impact studies such as traffic studies and studies of microclimatic conditions (sun, shadow, wind); d) If during the grant period, a building receiving a TIBG is demolished, all grant payments shall cease and the City and Niagara Region reserve the right to require repayment of the grant payments; e) If during the grant period, a building/property designated under the Ontario Heritage Act receiving a TIBG is demolished or any of the heritage features are altered in any way that would compromise the reasons for designation, all grant payments shall cease and the City and Niagara Region reserve the right to require repayment of the grant payments; and, f) For projects on brownfield sites, the owner shall file in the Environmental Site Registry a Record of Site Condition (RSC) for the property signed by a qualified person, and the owner shall submit to the Cty proof that the RSC has been acknowledged by the Ministry of Environment (MOE). 6.4 Development Charge Grant Program 6.4.1 Purpose The purpose of the Development Charge Grant Program is to stimulate new, sustainable investment by existing businesses and new businesses in the employment lands within the Community Improvement Project Area in the form of development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse projects that achieve an exceptional level of environmental design performance. 29 6.4.2 Description The Development Charge Grant Program is a grant program that would be available only to approved TIBG Program applications that qualify "- --e •_ " e e'-- •- - arc projects that achieve through a combination of high scores on both economic performance and environmental design performance, as described in Appendix D. Because the eligibility of a project for the Development Charge Grant Program is based on the project's as-built TIBG Program performance score, a separate application for the Development Charge Program is not required. The Regional Development Charge grant payment is capped at$1.5 million. The Development Charge Grant is provided as a grant payable after construction is complete rather than as a development charge exemption payable at the time of building permit issuance (under the Development Charges By-law) because the amount of the development charge grant is tied to as-built project performance, and as-built project performance cannot be determined prior to project completion. This Program is applicable to both Regional and City Development Charges. Municipal Development Charges, this is not considered mandatory. - 6.4.3 Program Requirements Applicants are eligible to apply for funding under this program, subject to meeting the general program requirements, the program requirements for the TIBG Program, and subject to the availability of funding as approved by City Council and Regional Council. 6.5 Municipal Employment Incentive Program o 5.1 Purpose The pumose of the Municipal Employment incentive Program (MEIP) is to provide ircent,;es from the City of Niagara Falls to stimulate investment and redevelopment on employment lands 6 5 2 E escrpt or Tr',s program PrOvIgeS a suite or additional incenti'ies offered at the Local level for de`ielocr-ent :.r.c sal r•at Halo rase'-'led approval under the Tax ncremenBased Funding Prograr, ue,. SecTicn a the ria.•;er cr Planning Appiicar;cr Fees for Official Plan Amendments Zoning By-iav1 Amer.t_;!'''ents. Site Plan Control, and Minor Variances. r a Building Permit Fee rebate aro yrart. ..`a :he TiB”J ,-(der Section 6 3 and meet the perfurmance assess .'_;t dir'ons of he 1060 are eligible Ct ,,ceive these City inccenti':ies. 30 r, 5 2 Program Requirements jrcder th s program is suole_t to meeting the generai program requirements of Section 6 3 3 and the availability of funding as approved by, Niagara Falls City Council. 31 7.0 Municipal Leadership Actions The financial incentive programs contained in this Plan are designed to directly encourage economic development and achieve the goals of this Plan for the Niagara Gateway Economic Zone. However, it is also important that the Region and Local M inicipaGfioo C =_i of Niagara Fails lead a number of other actions aimed at providing a supportive land use, transportation, infrastructure, marketing and economic development environment to help achieve the goals of this Plan. These supporting municipal leadership actions will not only actively demonstrate municipal leadership and commitment to achieving the economic development goals for the Gateway, but they will also help to generate interest from the private sector in utilizing the incentive programs contained in this Plan to undertake high performing private sector development projects in the Gateway. These Municipal Leadership Actions are summarized below, and a number of these actions were also referenced in the 2008 Niagara Gateway Economic Zone Final Report. The City and Niagara Region will participate as required and appropriate to undertake the following municipal leadership actions: a) The full range of actions permitted under Section 28 of Planning Act; b) Creation of a coordinated institutional vehicle for implementation of the Gateway CIP; c) Implementation of other incentive programs recommended in the 2008 Niagara Gateway Economic Zone Final Report; d) Exploring funding from the Ministry of Municipal Affairs and Housing under Section 30 of the Planning Act for key transportation and infrastructure improvements and the preparation of secondary plans for designated employment lands in the Gateway Community Improvement Project Area; e) Preparation and implementation of a comprehensive Marketing Strategy for the Gateway CIP; f) Ensuring a strong Regional coordinator function for the incentive programs included in the Gateway CIP; and, g) Working with U.S. counterparts to grow economic development on both sides of border using an enhanced cross-border approach. 32 8.0 Monitoring Program 8.1 Purpose The Monitoring Program set out in this section has several purposes. It is designed to: a) Monitor funds dispersed through the CIP incentive programs so as to determine the C,`y and Regional contributions toward incentive program funding; b) Receive and monitor feedback from applicants to the incentive programs so that adjustments can be made to the incentive programs, as required; c) Monitor the economic impact associated with projects taking advantage of the CIP incentive programs; and, d) Allow for comprehensive reporting of monitoring results to City and Regional Councils. This CIP is not intended to be a static planning document. It is intended to be a proactive plan to revitalize, diversify and strengthen the economy in Niagara by promoting development of the employment lands in the Gateway Economic Zone. Therefore, information obtained through the Monitoring Program should be used to periodically adjust the terms and administration of the incentive programs to make them even more relevant and user friendly. Information collected through the Monitoring Program should be utilized to provide regular reports to City Council and Regional Council on the amount of private sector investment being leveraged by the municipal incentive programs and the economic and other benefits associated with these private sector projects. 8.2 Description Monitoring of the uptake and performance of the incentive programs should be done on a regular basis and these monitoring results reported to the C't,..; and Regional Councils on an annual basis. As well, feedback from users of the incentive programs should be considered and utilized to adjust the terms and administration of the incentive programs in order to improve their effectiveness and ensure that the incentive programs are effective for a range of project types and sizes in the Community Improvement Project Area. Similarly, monitoring of progress on implementation of the Municipal Leadership Actions should be done regularly and reported to Council on an annual basis. The Regional Expeditor, in cooperation with the Local Municipal CIP Coordinators, will take the lead in monitoring and reporting Regional and Local funding of the incentive programs and project performance. This will help to standardize the format and frequency of monitoring and reporting of program results across the five Local Municipalities. The list of variables that should be monitored on an individual project and aggregate basis for the incentive programs contained in this CIP includes, but is not necessarily limited to the following: i) Number of applications ii) $ amount of grant; iii) Total $ value of construction; 33 - iv) Level of LEED certification achieved or percentage of Region's Smart Growth Design Criteria v) incorporated into project; vi) Square footage of employment use space constructed or rehabilitated by type (industrial sector); vii) Number of new businesses successfully occupying space (1, 3 and 5 year post completion); viii) Full -time or FTE Jobs created /maintained; ix) Increase in assessment value of participating property; x) Increase in municipal (Local and Regional) and education property taxes of participating property; and, xi) Number and $ amount of program defaults. In addition to these quantitative economic measures, the Region in coordination with the CI:y, should also attempt to monitor the qualitative results of the CIP in terms of the impact of municipal leadership actions, including infrastructure and transportation improvements. Regular qualitative observations of the individual and cumulative impact of projects using CIP incentive programs and of the municipal leadership actions should be made and discussed by Local Municipal and Regional staff. This could include comments received by staff from business owners, property owners and other key opinion leaders in the real estate, development and design/build community. These qualitative measures should be regularly monitored and reported to Council along with the quantitative measures specified above. 8.3 Program Adjustments The individual incentive programs contained in this CIP can be activated, deactivated, reduced or discontinued without amendment to this Plan. Increases in funding provided by the financial incentives contained in this CIP, or the addition of any new incentive programs to this CIP, will require a formal amendment to this Plan in accordance with Section 28 of the Planning Act. The Region and Local Municipalities may periodically review and adjust the terms and conditions of any of the programs contained in this Plan, without amendment to the Plan. Such minor changes will be provided to the Minister of Municipal Affairs and Housing for information purposes only. 34 9.0 Marketing Strategy 9.1 Key Objective and Messages It is very important to the successful implementation of this CIP that a leadership role be taken by the Region and he C :f in effectively communicating the available incentive programs and investment opportunities within the Gateway Economic Zone to property owners, business owners, developers, potential end users, and other key leaders in the industrial, real estate, development and design /build community, both within and outside Niagara. The basic marketing strategy outlined in this section provides general guidance for the proactive and regular advertisement and marketing of the incentive programs and development opportunities within the Community Improvement Project Area. However, it is recommended that a comprehensive marketing strategy be developed and implemented that: a) provides direction on how to obtain information on available incentive programs, including program guides and application forms, as well as assistance and advice from municipal staff on making application for the incentive programs; b) informs property and business owners and developers with regard to actions planned by the City and the Region to improve the investment environment within the Community Improvement Project Area; and, c) publicizes recent development and business activity and success stories within the Community Improvement Project Area. 9.2 Target Audience The Marketing Strategy should be targeted to: a) Existing property owners and business owners in the Community Improvement Project Area; b) Existing business owners outside Niagara, especially those with business in the targeted economic growth sectors; c) Business and industry associations both within and outside Niagara; d) Leaders in the real estate, development and design build community, both within and outside Niagara; and, e) The general public. 9.3 Marketing Tools The marketing of the CIP programs and municipal leadership actions should entail a comprehensive multi-media campaign containing information, education and advertising components. The following key tools are recommended to implement the Marketing Strategy: a) A Publication, e.g., a newsletter, containing a description of the financial incentive programs available in the Gateway Community Improvement Project Area, including general program requirements and how to apply, highlights and updates of planned infrastructure, transportation and other improvements, and profiles of projects and new /expanded businesses that are taking advantage of the CIP incentive programs; b) Profiling of the incentive programs and projects that are underway or that have been completed within the Community Improvement Project Area in planning and economic 35 development publications, newsletters and other publications published by the Local Municipalities and the Region; c) Stories in local media (newspaper, radio, web) regarding the CIP, progress on municipal leadership actions and project success stories in the Community Improvement Project Area; d) Direct (one-click) access on the Regional and City web pages to information on available incentive programs and the aforementioned publications; e) Periodic presentations to the target audience that cover available incentives programs, municipal leadership actions including infrastructure and transportation improvements, and existing and new business and development success stories in the Community Improvement Project Area, and, f) Media Releases and profiles of successful projects and initiatives should be sent to local media within Niagara and also to media outside Niagara. 36 10.0 Conclusion This "Master Gateway CIP" was prepared to provide a comprehensive framework for the introduction and implementation of financial incentive programs and municipal leadership actions designed to attract investment and development into the Gateway Community Improvement Project Area. If the CIP is successful in doing this, the CIP will help to revitalize, diversify and strengthen the economy in Niagara. Therefore, the Gateway CIP will help to achieve the goals identified in the Province's Growth Plan, the Niagara Gateway Economic Zone Final Report, Niagara's Economic Growth Strategy, the Regional Official Plan, and Local Official Plans. In consultation with the five Local Municipalities and other key stakeholders, Niagara Region led and coordinated the preparation of this "Master Gateway CIP ". It is intended that Niagara Region will endorse this Master Gateway CIP and then all five Local Municipalities would adopt this Master Gateway CIP. This approach ensures consistency in the incentive programs offered across all five Local Municipalities and each local municipality can then offer grants that are partially funded by Niagara Region. This approach complies with the Planning Act and associated regulations. The preparation of this CIP has benefitted greatly from extensive consultation with key stakeholders, including key opinion leaders in the real estate, development and design /build community. The Niagara Gateway Economic Zone Implementation Committee was also kept up-to-date throughout preparation of the CIP, and they provided valuable input and advice. The endorsement of this CIP by Niagara Region and the subsequent adoption and approval of this CIP by the C ty will provide the legislative basis and comprehensive policy framework for the provision of incentive programs designed to achieve the goals of this Plan. Successful implementation of this CIP will require a commitment by Niagara Region and the at,/ to implement, fund, administer and monitor the incentive programs. Experience in other municipalities has shown that early and effective implementation of a multi-faceted marketing strategy will help to make property and business owners aware of the incentive program opportunities available through the CIP. This will result in a more successful CIP. Ongoing monitoring of the performance of the Gateway CIP and adjustments to the incentive programs contained within the CIP, will also help to ensure the long-term effectiveness of the Gateway CIP. 37 11.0 References Dillon Consulting and Watson & Associates Economists Ltd. (2011) Niagara Gateway Employment Lands Study. Prepared for Niagara Region. GHK. (2008). Niagara Gateway Economic Zone Final Report. Prepared for Niagara Region. Niagara Region. Navigating Our Future: Niagara's Economic Growth Strategy 2009 -2012. Niagara Region. (December 10, 2008). Report DPD 54-2008. "Adoption of a Preferred Growth Option for Niagara and a Strategy for the Gateway Economic Zone. Niagara Region. (July 20, 2011). Report ICP 63-2011. "Gateway Economic Zone Implementation Update". Niagara Region. (June 6, 2012). Report ICP 60-2012. "Final Recommendation Report: Niagara Gateway Economic Zone and Centre- Regional Official Plan Amendment (RPPA 1-2012). Ontario Ministry of Municipal Affairs and Housing. (2005). Provincial Policy Statement. Ontario Ministry of Public Infrastructure Renewal. (2006). Growth Plan for the Greater Golden Horseshoe. 38 Appendix A Strategic metionsf r Investment ---.-z- \ { : . , f { < f > i \ }} • ?\/ ILl\. ■al !] ƒ : } 1 ! t , \ j . e / S2Z & )- z z I z . . < § . . \ U k »;| • ' 72 . \ ` ` 1. \ ( { 22. / . / ) } . . 3 : . / ® . . U . : , . . . . . . _ . . . \ °/ . . \. ! . , 1 g : s , , T . ! {N Z; . . .;. - v ! . . - . 1, } f Z -. . - . , !! Z : •\ " . . t! . > c 0, ; § y . \ z .., . ^ \ - , . || . £ © gal w'-,} \ § i% / --.40--;! ©, °> `*2 > ®!! j !4; 0 } -\ .2 !4 . -_y,a te., - < - ® i )! ! 3! \_X f } I.gk | } 22 2C ° ` -- /\ ! ] } 39 Appendix B Joint Administration Process for Tax Increment Based Grant Program The administration of the Tax Increment Based Grant Program will be a shared or joint process between the Ci`y of N agara FaHs and Niagara Region. While Local Municipal CIP coordinators would receive applications for the Tax Increment Based Grant Program, Regional staff would be involved in pre-application meetings (as required), and Regional staff would also review applications to ensure all program requirements, Regional information and other requirements have been met. Scoring of the applications using the performance matrix would be done in consultation between the Regional Incentive Programs Coordinator (Expeditor) and the Local Municipal CIP coordinator. Once the project has been scored, a grant agreement would be prepared and a recommendation report would be prepared. This recommendation report would first be forwarded to the Local Municipal Council (or Council's designate) for consideration and then to Regional Council (or Council's designate) for their consideration. Once the grant is formally approved by the respective Councils, and the grant agreement has been fully executed, the project can commence. Once the project is complete and occupied, the Local Municipal CIP Coordinator and the Regional Expeditor would receive completion information and reports from the applicant and inspect the project (as required) to determine as built project performance and adjust the Tax Increment Grant Level accordingly. The Local Municipal CIP Coordinator and the Regional Expeditor would then request an annual or periodic report on project performance and/or conduct an inspection of the facility. Again, the Tax Increment Grant Level could be adjusted depending on ongoing project performance. The Tax Increment Grant would be paid by the CT/ of Niagara Falls annually once Local and Regional staff have confirmed that all program and grant agreement requirements have been met/continue to be met. The Region would provide a grant to the City of Niagara Falls equivalent to the Regional share of the Tax Increment Based Grant payment. The Regional Expeditor, in cooperation with the City CIP Coordinators, will take the lead in monitoring and reporting both project performance and Regional and Local funding of the incentive programs. This will help to standardize the format and frequency of the reporting of program results across the five Local Municipalities. 40 Appendix C Tax Increment Based Grant Program Application Evaluation 1. Economic Performance A maximum of 15 points is available for the economic performance of a project with points awarded based on a) the number of direct full -time or full -time equivalent (FTE) jobs created by the proposed business(s) (not including jobs created through construction of the building), and b) the construction value of the project, as follows: a) Construction Value Construction Value (A) Points $200,000 — $1,999,999 1 $2.000,000 — $9.999.999 2 $10,000,000 — $39,999,999 3 $40,000,000+ 4 PLUS b) Full -time or FTE Jobs Created Full Time jobs Created/Retained (13) Points 1-9 5 10-19 6 20-34 7 35-50 8 51-74 9 75-100 10 100+ I 1 PLUS 41 c) Environmental Design Performance A maximum of 5 points is available for the environmental design performance of a project with points awarded based on the level of Leadership in Energy and Environmental Design (LEED) certification achieved by the project or conformity of the project with the Region's new Smart Growth Design Criteria'', as follows: level of LEED Certification (C) Points Certified 2 Silver 3 Gold 4 Platinum 5 OR Region's Smart Growth points Design Criteria (D) Conforms with 3/6 2 Conforms with 4/6 3 Conforms with 5/6 4 Conforms with 6i'6 5 42 2. Project Evaluation and Scoring Combining the scores for economic performance and environmental design performance, a project can score a maximum of 20 points. The annual percentage of the municipal (Region and Local) tax increment grant provided to a project will be based on its total project performance score out of 20 as per Table C -1 below. For example, a project that creates 40 FTE jobs, has a construction value of$8 million and is LEED Silver certified would score 13 points out of 20 and be awarded an annual grant of 65% of the municipal property tax increase generated by the project. This grant would be paid for 10 years if the project is located within one of the Strategic Locations for Investment, and 5 years if the project is located outside one of the Strategic Locations for Investment. Table C -1 Tax Increment Based Grant Level Total Gateway CIP Score T1GB Level** 0-7 No Grant 8 40% 9 45% i0 50% 1 r 55% 6 13 65% 14 70% 15 75% 6 3O% 17 85% 8 90% 19 95% 20 100% The evaluation of the Tax Increment Grant project would work as follows. Once an application is submitted, it will be evaluated to determine program eligibility. If the project is eligible for the program, Local and Regional staff would jointly evaluate and score the application. This would result in a staff report to Local and Regional Council that contains the preliminary project score based on the project performance information provided by the applicant, and a recommendation for conditional approval of the application based on the information provided by the applicant. If the application is approved by Local and Regional Council, once the project is completed, the as-built project performance score would be calculated by municipal staff. The Tax Increment Grant to be paid to the applicant as per Table C-1 above would be based on this score. 43 Appendix D Development Charge Grant Program Application Evaluation In order for a project approved to receive a TIBG to also qualify to receive a Development Charge Grant, the as-built project must achieve a score of at least 14 out of 20 in the TIBG application scoring ( as shown in the green shaded area in see Table C-1 in Appendix C). The Development Grant Charge Program would work as follows. Once the TIBG application is approved and the applicant decides to proceed with the project, the applicant would pay City and Regional development charges in full as normal, i.e., usually at the time of building permit issuance. After project completion and occupancy, the actual project performance score for purposes of determining the TIBG level would be calculated. If the score for the TIBG level equals or exceeds 14 points, the corresponding percentage of Regional and City Development Charges shown ion Table C- of ;p, end x C would be paid to the applicant by the City in the form of a ore-time. payment. Development Charge Grant equal to the percentage of the Regional and City Development Charge paid by the applicant as shown in the green G'ty-in the form of a one time payment. This Development Charge Grant Payment would be capped at $1.5 million. The Region would provide a grant to the City of N'ag:ara Falls equivalent to the Regional Development Charge Grant so that the City of Niagara Falls can pay this grant to the successful applicant. The Development Charge Grant Program will be administered by Niagara Region. However, the Development Charge Grant Program will utilize the same application form as the Tax Increment Based Grant Program and all applicants applying for the Development Charge Grant Program must apply for the Tax Increment Based Grant Program. The application form for the Tax Increment Based Grant Program will have a section where the applicant can indicate that they are also applying for the Development Charge Grant Program. The MEIP application form wil!! nave a section where the aop icam can apply for the Development Charge Grant Program. 44 Appendix E Targeted Sectors and Land Uses and Uses rr a he e.lig.bie for Ln,ing under the Niagara Gateiva'i Eon:rnt Zone Cornrrunit'y Imvovernent Plan An eligible, catalyst orojeci: that does not fail rrai„ a]ac.) no COn3,„-;.31":-.:;":] for tr7,-3 vor accornmodatior-; and res)dent;a', LiSeS a's, not SECTOR USES • P3::.,n ,-;(-corn:T:1ex tl-a7 ▪ olan tH-a -eejj - 4r a d Ore' mee'..ngs 7c, ^4aga,a i=a!1.3 N,L2L-!,a e 1,,(1L.st!-es perfc,r,nr-J.., Arts FacilTes ay„. . • Or S,--.1-1:Aare De arr4. Sn;cliT)s • )-a :as7i,q ,a(-1,c) ▪ ac,C P1 3 31 33 rLdInr,' nrHr' SI-uriy-;s • • Fir-. VK1ec anc: • I5 s ,csi • Metv.:;a13!1C B'C)-Mec,,cal Oce.-atiors sh3S; • • 3nC :re 7.' 'near:h • Te3t:ng Lacot,-.'e • Aier-r3u 'Tf.eS,3JrCr arc, fert,,roic.gies • 0,-:., ,:•?,ner.-v.]or c'cvver ,:-.3-serf'Cm r',;' goc.]s ,^Jrtje?Sa!it'j :ses 3,r:1 )r Ci-her ser,Ices • • xC',:stna; T:es,gr- berYLe-s • --73 '!1:t!eS 3'11 35 '3 - 45 PBL-2015-52 Appendix 2 PBD-2015-29 Niagara ills June 23, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-29 Municipal Employment Incentive Program RECOMMENDATION 1. That the Niagara Gateway Economic Zone Community Improvement Plan and City Development Charges By-law be amended to add additional incentives for employment uses under the Municipal Employment Creation Incentive Program as outlined in this report. 2. That the City begin the process to amend the Development Charges By-law to facilitate a waiver of development charges. 3. That this report be forwarded to the Niagara Region to seek their support for the extension of the TIBG program for significant employment developments located outside of Strategic Locations for Investment or designated employment lands as outlined in this report. EXECUTIVE SUMMARY One of Council's 2015-2018 Strategic Priorities is Economic Growth and Prosperity which includes actions to: "foster business investment and job creation through existing Community Improvement Plans (CIP)" and the establishment of a City-Wide CIP; and to "Develop an implementation strategy for the Niagara Economic Gateway Zone". Staff has reviewed the incentive packages offered under the current Gateway Economic Zone Community Improvement Plan in light of the strategic priorities. In addition to the incentive programs offered through the Gateway CIP, a Municipal Employment Creation Incentive Program will be prepared to extend incentive opportunities through: the extension of a tax rebate period from 5-10 years for eligible works outside of Strategic Investment Locations; the inclusion, through specific amendments, of significant employment development which meet a specified number of eligibility criteria but cannot be located within the Strategic Investment Locations or designated Employment Lands; waiving of Planning Application fees and the rebate of Building Permit Fees; and 2 PBD-2015-29 June 23, 2015 introducing a 50% refund (grant) for the cost of studies required by the Municipality up to a maximum of $5,000 (e.g. traffic, environmental impact, etc.). BACKGROUND Economic Growth and Prosperity has been identified by City Council as one of its Strategic Priorities for the 2015-2018 term. The goal of this priority is to establish areas where more tools can be introduced to encourage redevelopment, investment and C L.VI I VI I III. 9 o VYlh. f ey actions to achieve this goal arc. to 'Foster business investment and job creation through existing Community Improvement Plans (CIP) and the establishment of a City-Wide CIP' and to 'Develop an implementation strategy for the Niagara Economic Gateway Zone'. The Niagara Gateway Economic Zone Community Improvement Plan (Gateway CIP) was initiated by the Niagara Region to achieve the goals of the Province's Growth Plan: to revitalize, diversify and strengthen the economy in Niagara by promoting development of the employment lands in the Gateway Economic Zone. The Region's Gateway CIP was adopted and the City approved a corresponding Gateway CIP. The guidelines and application forms were released earlier this year. The Gateway CIP identifies Strategic Locations for Investment and is also applicable to employment lands as identified in the City's Official Plan. The Strategic Locations for Investment in Niagara Falls includes the Glenview and former Cytec (Fourth Avenue) lands and industrial lands along the QEW. Lands designated Tourist Commercial (e.g. along Lundy's Lane and Fallsview) and Industrial (Stanley Avenue) are considered employment lands in the City's Official Plan and are also eligible under the gateway programs.. The programs offered under the Gateway CIP include: a) A tax increment based grant program for new employment uses of 10 years within Strategic Investment Locations and 5 years on designated employment lands; and b) A Regional development charge grant of up to $1.5 million for developments that have been approved for the TIF program and meet the eligibility requirements of 14 points or more. Eligibility for these incentives is based on a point system which uses specific criteria, including: the number of jobs created/retained and construction value; and environmental design performance (LEEDS) or Smart Growth Design Criteria. The program begins with a 40% tax increment grant with a minimum of 8 points and increases on a sliding scale of up to a 100% tax increment grant with a total of 20 points. A more detailed explanation of the eligibility criteria is contained within Appendix 1 — Gateway CIP Evaluation Process. ANALYSIS Staff has determined that it would be more efficient to amend the current Gateway CIP to introduce new incentive programs rather than undertake a completely new study for Employment Incentives. 3 PBD-2015-29 June 23, 2015 A review of the Gateway CIP revealed that the Plan provides a reasonable rating system and established programs. These components provide a good basis on which to add new incentives under a Municipal Employment Creation Incentive Program (MECIP) such as additional TIF grants, fee reductions and refunds to the Regional incentives of the CIP. It would also avoid the duplication of programs. Eligible Development Development, redevelopment. construction, reconstruction, rehabilitation or adaptive reuses that result in an increase in assessed value and property taxes for employment uses are eligible for the tax increment based grant (TIBG) under the Gateway CIP. The Gateway CIP plan area includes all 'employment lands' within the Urban Area Boundary of Niagara Falls. The City's Official Plan, in recognition of the importance of tourism as an employer, designates "Tourist Commercial", "Resort Commercial" as well as Industrial" as employment lands (see Appendix 2). These employment lands may qualify for a 5 year tax increment grant rebate while properties that have been identified as a "Strategic Investment Location" may qualify for a 10 year grant rebate. Tax Increment Funding Program Under the Gateway CIP a new or expanding employment use may qualify for a grant of 40% to 100% of their incremental property tax due to assessment growth for a period of 10 years (Strategic Investment Locations) or 5 years (employment lands within the Urban Area Boundary). Eligibility is based on a point structure that defines the percentage of tax to be refunded. Staff proposes that designated employment lands outside of the Strategic Investment Locations be offered the same performance period as the Strategic Investment Locations. Accordingly, the MEIP would be expanded to offer an additional 5 years of tax increment funding of the City's portion of taxes to eligible uses on those designated employment lands. It is recommended that the City request that the Niagara Region also consider a 5 year extension to the TIBG under their Plan. These MECIP incentives can be accommodated with an amendment to City's CIP and would not require a new community improvement plan or study. Through an amendment to the Gateway CIP, the City and Region could consider a large scale development that cannot be directed to designated employment lands to be eligible where they are consistent with the intent of the Plan to create investment and employment. In such cases, the incentive programs under the Gateway CIP could be accessed to encourage the development on a site by site amendment basis. Eligible Uses In Niagara Falls the Industrial lands fronting on the Queen Elizabeth Way and the Brownfield Pilot Project Area (Buttrey St.) are considered Strategic Investment Locations (see Appendix 2). The employment sectors targeted to date under the CIP are: secure storage areas to capitalize on cross border trade industries; and long term opportunities 4 PBD-2015-29 June 23, 2015 for campus-style business Park for business support serves and tourism support serves in the Niagara Falls-QEW Business Park. In addition to these uses, the proposed changes to the MEIP identify additional sectors and employment uses toward which City incentives can be directed. Planning and Economic Development Staff have compiled a list of employment sectors and uses to be included under the MEIP for additional funding including: information technology, professional service, bio-science and green technologies. A full list is outlined on Appendix 3. The Niagara Gateway CIP specifically excludes retail commercial and residential uses from its list of eligible uses. The incentives under this Program for the tourism sector would be better directed to attract and retain large scale tourist attractions that will result in increased numbers of visitors and extended stays thus providing greater benefit to the existing tourist accommodation sector. Investments in this form are considered more beneficial than building more hotel rooms at this point. Development Charges Under the Niagara Gateway CIP, the Region has committed to reducing development charges at a percentage equal to the TIF program for those developments under the Plan that meet at least 14 points in eligibility. The Development Charge Grant Program is capped at $1.5 million. The City has not yet committed to matching the Region's development charge grant under the Gateway CIP. It is recommended that the City include a matching Development Charge Grant under the MEIP Under this incentive the amount of development charges that have been paid are rebated, through a grant. once the development has been completed (and the total eligibility points can be calculated). An amendment to the City's Development Charges By-law is required to implement this incentive. Please note that until such an amendment is approved, Council would be required to fund the applicable amounts to ensure the DC reserve fund is made whole. This is a similar process to similar requests made in previous years by qualified charitable groups. When implemented, the development charge reduction would be an additional incentive program offered by the City. Currently the City has in place a 100% reduction within the Brownfield CIP and up to 75% reduction within the Downtown or Historic Drummondville (subject to eligibility). Other Incentives The MEIP can also include incentives that are not restricted to approval through a community improvement plan under Section 28 of the Planning Act. Planning Application Fees The fees associated with any application made under the Planning Act (Official Plan/Zoning By-law amendments; Site Plan Control; minor variance; consent to sever) 5 PBD-2015-29 June 23, 2015 can be exempted for MEIP developments. No amendments to the CIP or Planning documents are needed for implementation. Building Permit Fees Upon meeting the eligibility requirements for an employment use under the Gateway CIP, an applicant can apply for a grant equivalent to 100% of a building permit, demolition permit or occupancy permit fee payable only after construction and all inspections have been completed. Study Grants The City currently offers a study grant to investigate environmental conditions under its Brownfields CIP. A similar study program is suggested to provide grants to offset the cost of studies required by the City such as: urban design studies; traffic impact studies; servicing studies: archaeological surveys, feasibility/analysis studies, etc. that are incurred in the development of a new or expanded employment use. Such study grants can be set to match 50% of the study costs up to a maximum of $5,000. The grants would be a onetime only offer for each property therefore funding could be conditional on the availability of the studies for future proposals should the development not proceed. FINANCIAL IMPLICATIONS The purpose of the proposed programs is to provide incentives to potential investors considering Niagara Falls as a location for their enterprise. The impacts of the incentives vary and are outlined below. The Tax Incremental Funding Grants are financed from incremental property taxation due to assessment growth for an individual property. Rebates on planning fees would impact the operating budget, which are difficult to estimate at this time The Building Permit fee would be waived to the property owner, however, the reduced amount would need to be funded from another source to make the building reserve whole. Similarly, the DC reduction would need to be funded from alternative sources to make the DC reserve whole. Both of these latter items could be funded from the Economic Development component of the OLG contribution agreement. The funding sources will be determined as applications are submitted and approved by Council. CITY'S STRATEGIC COMMITMENT The intent of the modifications to the Gateway Economic Zone CIP will implement the key action to 'foster business investment and job creation through existing Community Improvement Plans (CIP) and the establishment of a City-Wide CIP' under Council's Strategic Priorities for Economic Growth and Prosperity. 6 PBD-2015-29 June 23, 2015 LIST OF ATTACHMENTS Appendix 1 Gateway CIP Evaluation Process Appendix 2 Gateway CIP Incentives Mapping Appendix 3 Targeted Sectors and Uses under the MECIP Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 12 /1'1q Ken/Todd, Chief Administrative Officer F.Berardi mb Attach S•\PDR\2015\PBD-2015-29, Employment Creation Incentive Program.docx 7 PBD-2015-29 June 23, 2015 APPENDIX 1 NIAGARA GATEWAY ECONOMIC Eri., nnier:a, Dsr ZONE AND CENTRE CIP I PROJECT AREAS _1-7-Eir- Level o(LEED Certification iC) Points =7. GATEWAY CIP EVALUATION PROCESS OR Evaaa-r.i.:-2.n Scoring Ma-trix_ Region's Smart Growth Design Points Criteria :1: (D): s al jt 2. -Cr•E'C.:DrCi-^•.: COnfOrMS witn 7.162 tcr :P;.! ,o.,;1•!" .72‘r:0'T 1'2 Per lo r :; A + 8 + or D) Gateway CIP Scare Til3G Funding Structure Construction Viu A Points Total Gateway CIP Score TI84 Lever' - • "-• ' : - '33*, Full Time Jobs Created/Retained (5) Points 2C-3- 7 33 3 9 74E-4; 74 -- 8 PBD-2015-29 June 23, 2015 APPENDIX 2 CITY OF NIAGARA FALLS : Niagar.2,...,.ice.w3, .,...;-r,orlic L'Qr,..t Jrcl C-,rtr,7,'flf' ',. .1•_::11 , ,* h : Applicable ards ttnde-ttne;try-,) 0,11 plan 1 : I ; , E 1 I ' . , . MI ., . . i. • ; . i ! . — ! I 1 . , . .,..._,...„,, ,..--- - .- I - 1 t 1 1 1 • , . , ; . .‘1114, ‘., SI& 07' i , '' ,.40100110111.40,00. ...461.411 P rnirgrWrala;' ""111 / ,, ....,,.., 1 i '.'.4 , i. . . t . ! 1 ' . • . - . I 1 ' i 1 . H H • T::..1,,,,,,.:,.: "•-:,1 1 0 i .,11 . f!'l i alligailt I : 11.,. . . —_,...' 10 t_Par 7F?ea:table ',trateqr"Irtiest_menr_a CaZ t ar 5',:ar TIF?vat:able-t_arlds tcl,abtitiEttaertt,,,,,,. •.I 1 ; It t , or EFI•ereattonat Bder- t s.A. I ' - :,:re,:ctba' i ..11 I t - • ' -- ' 9 PBD-2015-29 June 23, 2015 APPENDIX 3 MUNICIPAL EMPLOYMENT CREATION INCENTIVE PROGRAM TARGETED SECTORS & USES In addition to those Sectors and Uses Identified in the Gateway Community Improvement Plan the following Sectors and Uses may be eligible for funding under the Municipal Employment Creation Incentive Program. An eligible catalyst proiect that does not fall within these sectors/uses may also be considered for the Municipal Employment Creation Incentive Program. Commercial, retail and residential uses are not eligible. SECTOR USES Manufacturing&Logistics • Fabricating processing. assembling,packaging. producing or making goods or commodities including ancillary repair_storage.wholesaling or office uses_ Information and • Telecommunications:communications equipment design and manufacturing Communications Technology software development and computer systems design and service • Computer Systems Design and Services-provision of expertise;n the planning and design of computer systems and of other technical computer-related services. Professional Services • Business Incubator • Computer Programming Services • Industrial Design Services Post Secondary Education • Facilities and associated facilities Targeted Sectors under the Gateway CIP and further clarification of uses: SECTOR USES Tourism • Indoor or Outdoor Theme Parks or Interactive attractions(a facility or complexi that can demonstrate by Nay of a business pian its long term financial viability without the need for ongoing municipal subsidy for operation and its ability to support attracting incremental major events. conventions or meetings to the City anC economic development priorities For further clarification Tourism under the Niagara Falls Gateway CIP does not include tourist accommodationihotet. Interactive Media Creative Industries Performing/Arts Facilities such as • Museums • Computer Software Developer • Digital and Media Studios • Broadcasting radio television and Internet broadcasting undertaken within studios and associated facilities out not including Major Film Studios • Design • Film,Video and Photography • Music and the Visual and Performing arts • Publishing Bio--Sciences Medical and Bio-Medical Operations such as • Pharmaceutical. bio-technology product.or medical device manufacturing • scientific research and development related to the creation of products. processes and services designed to improve health • (does not include activities related to patient health care such as doctor's offices,clinics.diagnostic labs or hospitals) Green Technologies • Testing Laboratories • Renewable and Alternative Energy Manufactunng Research and Development- energy storage.green ouilding materials and technologies • Cogeneraton Facilities • Renewable Energy Power Generation c) 0 g g C z_ C) D O z N\pGARA PAILS OPTIMISTS ...do:VI October 4, 2015 Clerk's Office City of Niagara Falls 4310 Queen Street Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Since 1954,the Optimist Clubs across North America have recognized the accomplishments of youth in the home, school,church, and the community. Every November,the Optimist Club of Niagara Falls honours the youth of our city for their talents in the arts, academics,and athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual "Youth Appreciation Awards Night" we ask that you issue a proclamation, proclaiming the week of November 17, 2015 as "Youth Appreciation Week" in the City of Niagara Falls. We thank you in advance for this undertaking. Yours in Optimism, Darrell Swinimer Vice-President Niagara Falls Optimist Club Telephone: 905-658-4451 Email: dswmirref@coge:o_' THE OPTIMIST CLUB OF NIAGARA FALLS 5400 Robinson Street, 2nd Floor ONTARIO P ® E FestivaILigIitsNiagara Falls, ON L2G 2A6 GENERATION Tel: 905-374-1616 • Fax: 905-374-4683 GENERA O'Y < < ,. ; 7 C Email: Info@wfol.com • September 30. 2015 Mr. Dean lorfida, City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Fireworks Request Dear Dean: The Winter Festival of Lights would like to hold a fireworks display over the Falls on the following dates as part of the 2015/16 Winter Festival of Lights. In addition, on November 21st, 2015 as of the Fallsview Sound& Light Show launch with the latest in 3D Projection Mapping we are requesting City Council approval for the fireworks performance on Fallsview Blvd over the Oaks Hotel. Fireworks Over The Falls: Saturday November 21 6:30pm& 8:30pm (Time is approximate) Friday's at 9:00pm Nov 27—January 29 December 21 —26th at 9:00pm The Festival is properly insured for this and will add all concerned parties as additional named insured. Should you have questions please contact me at 905 374-1616 x. 246. Sincerely, OPG WINTER FESTIVAL OF LIGHTS Tina Myers Program Director 5400 Robinson Street, 2nd Floor ONTARIOFestiva1cLightsFalls, L2G 2A6 GENERATION C **CANADA N A D Tel: 905-374-1616 • Fax. 905-374-4683 y . v a * ; r Email: lnfo@wfol.com • ,1 October 21, 2015 Mr. Dean Iorfida, City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Fireworks Request Dear Dean: The Winter Festival of Lights would like to ask Council to approve the followingitems: g pP • Permission for use of the City of Niagara Falls Property for Illuminations & Infrastructure for the following items: o Two Archway's Victoria Avenue (Property near LCBO & near Promenade) o Teenage Mutant Ninja Turtle Displays (4)—Promenade on Victoria Avenue o Santa Sleigh—Promenade on Victoria (near Kelsey's) o JinJu Displays— Promenade on Victoria (near Casablanca's) o Christmas Tree & Ornament Display (Lundy's Lane beside the battleground Hotel Museum) • Permission for Road Closure on Failsview Avenue from Dixon to Portage for November 21st—Opening Ceremonies from 6:30pm—9:30pm • Requesting fee waivers associated with Road Closure • Permission for Sidewalk Closure on Promenade from December 19th—30th 4pm — I Opm The Festival is properly insured for this and will add all concerned parties as additional named insured. Should you have questions please contact me at 905 374-1616 x. 246. Sincerely, OPG WINTER FESTIVAL OF LIGHTS [ina Myers.'' Program Director 6,t-EBRq Tei: 905-356-5444 A 4660 _ eer 5 reetFax: 905-356-3667 lb Niagara Falls, Ontario info@thegevents.com °vw> L2E - 21.8 www.thegevents.ca `r aaaec c-a 's• September 21th, 2015 His Worship Mayor Diodati &Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Event Organizers: Celebrate Old Downtown Event: North American Cigar Show Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not-profit organization with a mandate to promote the downtown core through events. The COD is planning a number of street events throughout the 2015-year in co-operation with other event organizers. We will be holding the first annual North American Cigar Show on October 24t, 2015, from 11am to 8pm. The event will be an indoor and outdoor event. Street Closure: We would kindly request permission to close Queen Street from Crysler Ave to St. Clair Ave. Please keep both Crysler Ave and St. Clair Ave open for vehicle traffic. This section of Queen Street will become a pedestrian only area. We would like the closure to happen October 24th, 2015 at 8am and reopen at 8pm.We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Sincerely, Anthony Badovinac Chairman, Celebrate Old Downtown N.AillirAt.- _ Department of Corporate Services lagaraLake 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON LOS 1 TO -on-the- 905-468-3266 • Fax: 905-468-2959 EST.1781 '.....h...../ www.notl.org SENT BY ELECTRONIC MAIL ONLY September 25, 2015 Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Attention: Ralph Walton, Regional Clerk Dear Mr. Walton: Re: Regional Policing — Billing Program Please be advised the Council of The Corporation of the Town of Niagara-on-the-Lake, at its regular meeting held on September 21, 2015, approved the attached resolution. As noted in the resolution, Council is requesting the Region of Niagara and the Niagara Region Police Services Board: to adopt the billing program as used in OPP communities and adapt it for use here in Niagara thus allowing for all properties to pay the same for service as a base cost plus an added amount for actual calls for service in any given calendar year; and that this resolution be forwarded to the Councils of the City of Niagara Falls, Town of Pelham, Town of Lincoln, Town of Grimsby, and the Town of West Lincoln for their review and support. On behalf of the Council of the Corporation of the Town of Niagara-on-the-Lake, I look forward to your response. Yours sincerely, Holly Dowd Town Clerk copy: Niagara Region Police Services Board City of Niagara Falls Town of Pelham Town of Lincoln Town of Grimsby Town of West Lincoln Attachment First Capital of Upper Canada - 1792 Department of Corporate Services iagaraLake 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON LOS 1TO -on-the- ter, 905-468-3266 • Fax: 905-468-2959 WWW.notlorg _- ---- - THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE OFFICE OF THE TOWN CLERK DATE: SEPTEMBER 21, 2015 RESOLUTION NO. — MOVED BY COUNCILLOR: SECONDED BY COUNCILLOR: Whereas the Province of Ontario recognized that there was unfairness in the manner in which police costs were collected from the Ontario Provincial Police (OPP) patrolled communities; And Whereas the Province has rectified this unfairness by determining that all municipalities would pay the same amount per property within the 324 OPP communities; And Whereas the Province now charges a fee that represents the sum of costs base cost plus call for service thus evening the playing field between communities; And Whereas communities within the Niagara Region feel that the same unfairness here in policing charges. Therefore be it resolved that the Council of The Corporation of the Town of Niagara-on- the-Lake calls on the Region of Niagara and the Niagara Region Police Services Board to adopt the billing program as used in OPP communities and adapt it for use here in Niagara thus allowing for all properties to pay the same for service as a base cost plus an added amount for actual calls for service in any given calendar year; And further that this resolution be forwarded to the Councils of the City of Niagara Falls, Town of Pelham, Town of Lincoln, Town of Grimsby, and the Town of West Lincoln for their review and support. 03 1 -< I ' D CITY OF! ' ►CANADA NIAGARA FALAI THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2015 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited. Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Barker St. South Corwin Cres. and Carlton Ave. At any time (2) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Barker Street South A point 75 metres east of Corwin Crescent At All Times and Carlton Avenue (3) by adding to the specified columns of Schedule P thereto the following item: -2- STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Crawford Street&Glenayr Avenue Northbound on Glenayr Avenue This By-law shall come into force when the appropriate signs are installed. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to adopt a Consulting Agreement Purchase Order form. WHEREAS Staff have modified the terms and conditions related to the Consultant Agreement Purchase Order; AND WHEREAS the approval of the Consulting Agreement Purchase Order Page 2 form simplifies the process of procuring consultants; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Consulting Agreement Purchase Order Page 2 form, as attached hereto, is hereby approved and authorized by the Council of the Corporation of the City of Niagara Falls, to be adopted as part of the consultant selection policy and process. 2. By-law No. 2015-91 of The Corporation of the City of Niagara Falls and any amendments made thereto are hereby repealed. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015. Second Reading: October 27, 2015. Third Reading: October 27, 2015. Niagaraaalls THE CORPORATION OF THE CITY OF NIAGARA FALLS CONSULTING AGREEMENT PURCHASE ORDER This page to be signed and returned to the Project Manager indicated on Page 1 of this Purchase Order. 1. The undersigned (the "Consultant") agrees to supply the consultant services described in the attached description and proposal ("the Consultant Services") to The Corporation of the City of Niagara Falls (the "City") on the terms described in this Purchase Order and the attachments thereto. 2. Written authority must be obtained from the Municipal Works Department of the City for any changes to any aspect of the Consulting Services or the terms upon which they are to be performed. 3. The attached description and Proposal shall form a part of this Purchase Order where reference is made thereto. 4. Any and all drawings produced while performing the Consulting Services shall be the property of the City. 5. The Harmonized Sales Tax shall be stated separately on all invoices submitted to the City. 6. Payment of any invoice will be subject to satisfactory performance of the Consultant Services billed for. 7. Payment will be made only to the Consultant to whom this Purchase Order is issued. 8. The completion date(s) specified for the supply of the Consultant Services in the attachment(s) to this Purchase Order are acknowledged to be of the essence to the City. 9. The Consultant shall assume the defense of and indemnify and save harmless the City and its officers, Council Members, employees and agents from and against all claims relating to the performance of the Consultant Services including, without limiting the generality of the foregoing, any claims arising from the use or alleged use of any form of intellectual property, save and except those claims arising from the negligence or other wrongful act of the City. 10. A current Clearance Certificate showing coverage under the provisions of the Workplace Safety and Insurance Board and a Professional Liability Insurance Certificate in the City's form and evidence of such other insurance as the City may reasonably require, must be registered with the Project Manager indicated on Page 1 of this Purchase Order, before commencement of the Consultant Services. 11. The supply of the Consultant Services must comply with all applicable federal, provincial and municipal statutes, rules, by-laws and regulations. 12. In the event of any conflict between the terms of this Purchase Order and the terms of any attachment, the terms of this Purchase Order shall govern. COMPANY: SIGNATURE OF SIGNING OFFICER (I have authority to bind the Company) DATE: NAME OF SIGNING OFFICER(PLEASE PRINT) Page 2 of 2 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law No. 2006-205 which amended By-law No. 79-200, to remove the holding symbol (H) on part of the lands on the west side of and including Emerald Avenue, south of Cinnamon Grove, 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 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. 2006-205 is hereby declared to be in full force and effect on the Lands. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 S:\ZON I NGWMS\2005\By-laws\Byam032#4.docx SCHEDULE 1 TO BY-LAW No. 2015- Subject Land �/2 MANN ST a� y lZz ° o R vO2`i AP _ CI CHEMONDA ST N,ygMO4, GR 911? MF 23m A=34.5m N ,i, 33m 36.1 m o 147.9m *- 97.9m - / ////'/i1/ //;>,/,1,///'/ A=41.3m ; R3 %//////,'/ /,/- ,, / / ;/ /////,/,///// /,-,!f� / //,-,;/7///,'///:////// // ,/i / / //i �/; / /i //'"�i 26.4m 289.5m a v j/ rn /'// ///' 7. /i 10m �� 30m ._ WILLICK RD Amending Zoning By-law No. 79-200 Description: Part of Lots 19 and 20, Concession 3 Willoughby; Niagara Falls Applicant: Queensway Chippawa Properties Inc 1:NTS AM-32/2005 K:\GIS_Requests\2005\Schedules\zoningAM\AM-32\mapping2015.map August 2015 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to provide for the adoption of Amendment No. 119 to the City of Niagara Falls Official Plan (AM-2015-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 119 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 S:\OFFICIAL.PLN\AMEND\#119\BYLAW 119.docx PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2- BODY OF THE AMENDMENT, consisting of the explanatory text and attached map, designated Map 1, and attached hereto, constitute Amendment No. 119 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 Schedule "A" to the Official Plan - Future Land Use, is hereby amended by redesignating the lands identified on Map 1 attached hereto, and forming part of the amendment,from Good General Agriculture and Environmental Protection Area and identified as Special Policy Area "14" to Good General Agriculture and Environmental Protection Area, in part, and Good General Agriculture and identified as Special Policy "14", in part. 2. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by deleting subsection 14 in its entirety and replacing it with the following: 13.14 SPECIAL POLICY AREA "14" Special Policy Area "14" applies to 2.02 hectares (5 acres) of land on the south-west corner of Beechwood Road and Upper's Lane. Notwithstanding the policies of the Plan, the Special Policy Area limits the principal use of the lands to a place of worship, with or without a private day school. S:\OFFICIAL.PLN\AMEND\#119-Bible Baptist Church\BODY.wpd MAP 1 TO AMENDMENT NO. 119 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment 7-1 Area 1 - From Good General Agriculture and Environmental Protection Area and Special Policy Area "14" �—� to Good General Agriculture and Environment Protection Area Area 2 - To remian Good General Agriculture and Special Policy Area "14'' UP�Q�ER,S�`N m rn 0 0 0 C CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN N ENVIRONMENTAL PROTECTION AREA W _ E GOOD GENERAL AGRICULTURE S AM-3015-006 NO Ihis schedule forms part of Amendment No.119 to the Official Plan for the City of Niagara Falls September 311 i; and it must he read in conjunction with the written text. 1C_GI5 31213 scneOu s Lanmg 35✓omng.map CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law No. 79-200, to allow the use of the land and erection of buildings thereon for a place of worship and ancillary uses and to repeal By-law No. 94- 120 (AM-2015-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) Place of worship and accessory uses, buildings and structures (b) Private day school accessory to a place of worship (c) Uses listed under section 12.1 of By-law No. 79-200, except for those set out in subclauses (d)(iii) and (iv) 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 2 hectares (b) Minimum front yard depth 10 metres (c) Minimum rear yard depth 15 metres (d) Minimum interior side yard width 15 metres (e) Minimum exterior side yard width 20 metres (f) Maximum lot coverage 10% of the lot area (g) Maximum height of a building or structure 10 metres 2 (h) Maximum number of storeys 2 (i) The balance of regulations specified for an A use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet A4 of Schedule "A" of By- law No. 79-200 by redesignating the Lands from A and numbered 314 to A and numbered 1014. 10. Section 20 of By-law No. 79-200 is amended by deleting subsection 20.1.314 and adding thereto: 20.1.1014 Refer to By-law No. 2015- 11. By-law No. 94-120 is repealed. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 S:\ZON ING\AMS\2015\By-laws\Byam006.docx SCHEDULE 1 TO BY-LAW No. 2015- Subject Land ' 9.6m ■ 1A43m / � /fes/f%/� VPpEF'S X-1/ ,//�/�//// /,/i / E CV • E /O{1014 00 ■ //,// ' // / f ,/ // � ■ 116.6m ■ co m m n O O a a Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 120 Stamford; Pt Twp Lt 119 Stamford As In R0335669; Niagara Falls N Applicant: Trustees of the Bible Baptist Church of Niagara Falls Assessment #: 272510000509900 S AM-2015-06 1:NTS K:\GIS_Requests\2015\Schedules\Zoning\06\Zoning.map September 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an Authorized Requester Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the access and use of certain information contained in MTO databases. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting access and use of curtained MTO databases, as attached hereto, is hereby approved and authorized. 2. The Clerk is hereby authorized to execute the said Agreement any subsequent administrative amendments. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. 4. By-laws 95-204, 98-260 and 2011-84 are hereby repealed. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015. Second Reading: October 27, 2015. Third Reading: October 27, 2015. I(II68 AUTHORIZED REQUESTER AGREEMENT BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation AND THE CORPORATION OF THE CITY OF NIAGARA FALLS - I - AUTHORIZED REQUESTER AGREEMENT THIS AGREEMENT made as or the 30th day of September,2015(the"Effective Date"). BETWEEN: HER MAJESTY THE QUEEN in right of Ontario,as represented by the Minister of Transportation ("MTO") -and- TI CORPORATION OF TI IF CITY OF NIAGARA FALLS (the"Requester"). N1 If E REAS: A. MTO maintains computer databases containing information pertaining to driver, vehicle and commercial motor carrier records: B. The Requester has submitted to MTO an application to access and use certain information contained in such databases;and C MTO is prepared to permit the Requester to obtain such access,subject to the provisions of this Agreement. NOW THEREFORE MTO and the Requester agree as follows- ARTICLE I DEFINITIONS AND SCHEDULES I. Definitions. In this Authorized Requester Agreement,unless the context requires a different meaning,the following terms shall have the following meanings: "Agreement"means this agreement entitled"Authorized Requester Agreement",including the attached Schedules, any documents or instruments incorporated by reference in this agreement, and any amendments to any of the foregoing that may be agreed to in writing by MTO and the Requester or that are otherwise provided for in this agreement. "Application" means the application, in the form approved by MTO,submitted by the Requester to become an Authorized Requester. "ARIS" means the Authorized Requester Information System of MTO,which is an electronic system used by YfTO to receive Licensed Information Requests from Authorized Requesters, and to send Licensed Information Responses to Authorized Requesters and to maintain client profiles,as such system may be modified by MTO from time to time. "Audit"and similar expressions mean the performance by,or on behalf of MTO,of such audits,reviews, investigations,inspections,confirmations,certifications,tests,studies and determinations of,or relating to,any matter or thing pertaining to this Agreement. "Authorized Premises"means the premises ofthe Requester at which are located any ofthe Requester's businesses or operations that relate to,or are involved in,the performance of the Requester's obligations under this Agreement or the exercise of the Requester's rights under this Agreement and which are listed in Part A-2 of Schedule"A" "Authorized Requester" means any person or other organization to whom PITO has.pursuant to an agreement,granted a non-exclusive,non-assignable and non-transferable licence to access and use the Licensed Information solely Mr Authorized Usc(s). "Authorized Staff"means: Cal employees of the Requester,and (b) individual third party contractors (but not corporations, partnerships or other legal entities)engaged by the Requester to perform employee-like functions. who need to access such Licensed Information or Passwords, in order fhr the Requester to use the Licensed Information for Authorized[sets)in accordance with this Agreement,and who are listed in Part A-2 of Schedule"A". ":Authorized Use"has the meaning set out in Part A-1 of Schedule"A" "Business Day''means a day other than a Saturday.Sunday ora statutory.civic or public sen,ice holiday observed in the Province of Ontario. "Claims" means any claims, demands, actions, causes of action, suits or proceedings against, or damages(including indirect,special,incidental,consequential or punitive damages),losses.liabilities or obligations of',M[0.or of y1TO's employees,agents or contractors. "Confidential Information"has the meaning set out in section 5.1. "Contractor Security Agreement" means a privacy and confidentiality agreement between the Requester and_Authorized Staff who are individual third party contractors engaged by the Requester_in the Corm specified byALf0. "Damages"means losses_compensation,damages(including indirect,special.incidental,consequential • and punitive damages),expenditures_costs(including reasonable administrative costs and reasonable legal fees and costs),expenses,interest,liabilities,judgements,awards,taxes.fines,penalties.charges and amounts paid in settlement. "Declaration"has the meaning set out in section 9.2. "Delivery Channel" means the method or system by which a Licensed Information Request is transmitted or delivered front the Requester to MTO or by which a Licensed InOrmation Response is transmitted or delivered from MTO to the Requester. "Disclose"means directly or indirectly disclose.provide,distribute,exchange,sell,license.lease.give. make available or permit access to or use off and"Disclosed", "Disclosing" and"Disclosure" have corresponding meanings. "Effective Date" means the c'feetise date of this Agreement. as set out ❑t the beginning of this Agreement. "Employee Security Statement"means a privacy and confidentiality statement in the form attached as Schedule"B" as may he modified by AITO from time to bine_ "Fees"means those fees set out in Schedule"C". "FOIPPA" means the Freedom o/In/brmmttiort and Protection o/Privurr aet(Ontario).as amended from time to time "Government of Ontario" means I ler Majesty the Queen in right of Ontario or any ministry,agency_ board, commission, department, corporation or other legal entity of or owned by the Government of Ontario. "Grant"has the meaning set out in section 2.1. "Licensed Information"has the meaning set out in Part A-I of Schedule"A "Licensed Information Request" means one request for Licensed Information contained in one collection of Licensed Intbrmation and pertaining to one driver,which request is in the forma stipulated by MTO from time to time.and which request is transmitted or delivered by the Requester to MTO using a Delivery Channel specified in Part A-I ofSchedule"A". "Licensed Information Response" means the Licensed Infixmation (or other response such as "no ininmation available")transmitted or delivered by MT()to the Requester, using a Delivery Channel specified in Part A-I of Schedule'LA",in response to a Licensed Information Request. "Licensed Personal Information"means any I reused Information that is Personal Information. -3- "Password"means any password,key,code or identifier assigned to a user in connection with making Licensed Information Requests or receiving or accessing Licensed Information Responses. "Personal Information"means personal information as defined in FOIPPA. "Personal Information Records" means all Records of,or containing, Personal Information that is Processed by the Requester in connection with the performance by the Requester of the Requester's obligations under this Agreement or the exercise by the Requester of the Requester's rights under this Agreement. "PIPEDA"means the Personal In/brmation Protection and Electronic Documents Act(Canada). "Pre-paid Account"has the meaning set out in section 14.2. "Privacy Default" means a breach of: (i) any Privacy Laws; or(ii) any of the provisions of this Agreement relating to the Requester's compliance with the Privacy Laws,including Schedule"D";or (iii)any other provision of this Agreement where such breach involves or results in any Processing of (or failure to Process)Personal Information that is not strictly in accordance with this Agreement. "Privacy Laws"means(a)FOIPPA(b)PIPEDA and(c)the provisions of any other law from time to time that address any Processing of(or failure to Process)Personal Information. "Process" means directly or indirectly create, access, collect, process, receive, hold, store, use or Disclose;and"Processed"and"Processing"have corresponding meanings. "Records" means the records of the Requester in any format or medium,including any"record"as defined in FOIPPA. "Supporting Document"means any of the documents which (a) support or verify information contained in the Application(as such information may subsequently have been changed in accordance with section 11.2(a));and (b) are listed in Part A-1 of Schedule"A". "Term"means the initial term of this Agreement as provided in section 3.1(a),and any renewal(s)of this Agreement made in accordance with section 3.1(b). "Warranty"means any representation,warranty or condition,express,implied,collateral or statutory. 1.2 Schedules. The following attached Schedules form part of this Agreement: Schedule A Specifications(Part A-I and Part A-2) Schedule B Employee Security Statement Schedule C Fee Schedule Schedule D Audit,Inspection and Review ARTICLE 2 GRANT OF LICENCE 2.1 Grant. Subject to the provisions of this Agreement,MTO hereby grants to the Requester a non-exclusive,non- assignable and non-transferable licence(the"Grant")to access and use the Licensed Information solely for the Authorized Use(s). 2.2 Title. The Requester acknowledges and agrees that MTO(or the Government of Ontario)is and shall at all times remain the sole owner of all right,title and interest in the Licensed Information,including all intellectual property rights(such as copyright)and other proprietary rights and trade secrets.Accordingly,the Grant is not,and shall not be deemed to be,a transfer,sale or disposition of any or all of MTO's right,title or interest of any kind in the Licensed Information. -4- 2.3 Changes in Licensed Information, (a) Despite any other provision of this Agreement,the Requester acknowledges and agrees that M'l'O reserves the right in its absolute discretion to add to, withdraw from, or change the content or structure of, or subject matter covered by, or cease to make available,any or all of the Licensed Information at any time. (b) Upon implementation by MTO of any of the changes contemplated in section 2.3(a) above,all references to"Licensed Information"in this Agreement shall he deemed to be amended to reflect such changes. 2.4 No Guarantees or Warranties. The Requester acknowledges and agrees that MTO does not warrant or guarantee the accuracy of the Licensed Information. ARTICLE 3 TERM 3.1 Term. Subject to the provisions of this Agreement: (a) This Agreement shall be effective on the Effective Date and shall continue in force for an initial term of twelve(12)months. (b) This Agreement shall be automatically renewed for subsequent terms of twelve(12) months each,provided that: (i) neither party provides to the other,at least thirty(30)days before the expiry of the then current term,written notice of that party's intention not to renew; (ii) if requested by MTO, prior to such renewal the Requester signs the form of authorized requester agreement that MTO then requires to be signed by Authorized Requesters; (iii) the Requester has updated the lists of Authorized Premises and Authorized Staff contained in Part A-2 or-Schedule"A"and has reviewed and affirmed such lists in accordance with sections 7.10 and 8.1; (iv) the Requester has updated the information contained in the Application and has reviewed and affirmed such information in accordance with section 12.1: and (v) prior to such renewal the Requester has satisfied any other conditions that may he stipulated by MTO for the renewal of the Grant. 3.2 Early Termination. This Agreement shall automatically terminate in the event that NITO ceases to make available any Licensed Information to third parties outside of the Government of Ontario. 3.3 Termination Without Cause. Notwithstanding any other provision of this Agreement, this Agreement may be terminated without liability by either party giving to the other party thirty(30) calendar days prior written notice of termination. ARTICLE 4 AUTHORIZED USES 4.1 Authorized Use(s). The Requester shall access and use the Licensed Information solely for the Authorized lise(si set out in Part A-1 or-Schedule"A". 4.2 Changes to Authorized Use(s). Despite Part A-I of Schedule"A",the Requester acknowledges and agrees that MTO shall have the right unilaterally to amend or delete any or all of the Authorized Use(s)at any time,effective upon written notice to the Requester setting out the applicable amendment(s)or deletion(s). 4.3 Informed Consent. Despite the Authorized Use(s)set out in Part A-1 of Schedule"A",if required by MTO,the Requester shall,prior to requesting,accessing or using any Licensed Information under this Agreement,obtain the informed consent of the individual to whom the Licensed Information is referable. 4.4 Records of Licensed Information Requests. The Requester shall maintain records that specify the tollowing information in respect of the Licensed Information received in response to each Licensed Information Request: (a) date of Licensed Information Request; (b) the identifying information used to request Licensed Information;and (c) the business reason for requesting such Licensed Information. 4.5 Retention of Records The Requester shall retain the records contemplated in section 4.4 throughout the Term and for three (3)years thereafter. 4.6 Demonstration that Uses Authorized Upon MTO's request from time to time,the Requester shall reasonably demonstrate that the Requester's use of any particular Licensed Information(as specified by MTO)has been strictly in accordance with this Agreement.For avoidance of doubt,any breach of the requirements of this section 4.6 shall constitute a Privacy Default. 4.7 Data Matching and Data Profiling. (a) Subject to the Authorized Use(s), the Requester shall not develop, or derive for any purpose whatsoever,any other product,work or database in human-readable or machine-readable form or otherwise,that incorporates,modifies,or uses in any manner whatsoever,any Personal Information contained in,or obtained from,the Licensed Information. This section shall not, however, apply with respect to any specific Personal Information which the Requester had in its possession prior to receiving the Licensed Information. (b) Subject to the Authorized Use(s),the Requester shall not place any data which was not obtained under this Agreement,into a database containing Personal Information obtained under this Agreement,other than as first authorized by MTO in writing. 4.8 Individuals Not to be Contacted. The Requester shall not use the Licensed Information directly or indirectly to locate or contact any individual to whom the Licensed Information is directly or indirectly referable,other than as expressly stated in the Authorized Use(s). 4.9 Survival. For the avoidance of doubt,the obligations of the Requester contained in this Article 4 shall survive the expiry or termination of this Agreement. ARTICLE 5 CONFIDENTIALITY -6 5.1 Confidential Information. Subject to sections 5.2 and 5.3,the Requester shall hold in strict confidence all Licensed Information and any other confidential information or materials of MTO,or of third parties and in the possession or control of MTO,and any information derived from any of the foregoing(collectively,the"('onfidential Information"). 5.2 :Maintain Confidentiality. Without limitation to section 5.1,the Requester shall not directly or indirectly (a) disclose, make available, or provide or permit aecess to or use oh any Confidential Information for any purpose(other than to its Authorized Staff who need to know such Conlidential Information in order to carry out the Requester's business.and who are permitted access to such Confidential Information strictly in accordance with Article 8): (Ii) reproduce or make Copies,or permit any third party to reproduce or make Copies,of any Confidential Information,in whole or in part(other than Copies of Confidential Inhumation made by the Authorized Staff contemplated in section 5.2(a)in the normal course of the Requester's business)_other than as expressly stated in the Authorized Use(s). 5.3 Disclosures Required by Applicable Law. (a) Despite section 5.1,the Requester may,subject to sections 5.3(h)and 5.3(c),disclose Confidential Information to the extent required by applicable lass. (h) If the Requester becomes compelled by applicable law to disclose Confidential Information,the Requester may only disclose that part of the Confidential Information that it is compelled by applicable law to disclose. and may only disclose such Confidential Information in the mariner and to the extent so compelled by applicable law, (c) If the Requester becomes compelled by applicable law to disclose Contidential Information,the Requester shall notify MTO of the disclosure its soon as reasonably possible. 5.4 Survival. For the avoidance of doubt.this Article 5 shall survive the expiry or termination of this Agreement for any reason. .ARTICLE 6 PRIVACY LAWS 6.1 Privacy Laws. (a) This .Agreement and the rights granted to the Requester under this -Agreement are subject to any restrictions.limitations or provisions of any applicable law.including the Privacy Laws or any other legislation or regulations enacted by the Government of Ontario or by the Canadian federal government, whether enacted prior to or alter the date of signing this:Agreement. (b) Without limiting the generality of section 6.1(a), this Agreement is subject to any provisions(Many applicable law that may restrict or limit: (i) the information included in the Licensed Information;or (ii) the information that may be provided in response to a Licensed Inlixmatiun Request. -7- 6.2 Requester Compliance. The Requester represents and warrants that it is,and at all times throughout the Term will remain,in full compliance with all applicable laws(including the Privacy Laws)relating to its Processing of Licensed Personal Information pursuant to this Agreement. Without limiting the generality of the foregoing, the Requester shall comply with any written instructions or directions from PITO from time to time concerning Licensed Personal Information or Personal Information Records(including the Processing of such Licensed Personal Information or Personal Information Records). 6.3 Survival. For the avoidance of doubt,this Article 6 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 7 PROTECTION OF CONFIDENTIAL INFORyIATION In�iialti 7.1 Security of Confidential Information. Cite Requester shall maintain the security and integrity of the Confidential Information. Without limitation to the foregoing,the Requester shall (a) keep all copies or partial copies of the Confidential Information in a physically secure location to which access is restricted; (b) ensure that access to any Confidential Information stored on a computer is Password- protected and that the Passwords are treated as Confidential Information and are changed on a frequent basis; (c) comply with the security provisions and standards set out in Part A-I of Schedule "A" and (d) comply with such security requirements as are from time to time specified by MTC). 7.2 Security Products. The Requester shall be responsible for the selection, implementation and maintenance of appropriate security products, tools and procedures sufficient to meet M l O's requirements for protecting the Confidential Intbrmation from improper access, loss,alteration or destruction.The Requester shall be responsible for establishing, monitoring and testing the Requester's own security products,tools and procedures to ensure their adequacy. 7.3 Password Protection. (al Deemed to be Confidential Information. Ally Passwords shall be deemed to he "Confidential Information"for the purposes of this Agreement. (b) No Disclosure to Third Parties.For the avoidance of doubt,the Requester shall not disclose any Passwords to,or permit any access to,or use of,ally Passwords by any third party. provided that nothing in this section shall prevent the Requester from disclosing Passwords to its Authorized Staff who: (i) need to know such Passwords in order for the Requester to obtain and use the Licensed information for Authorized Cse(s),and (ii) are authorized to access to such Passwords strictly in accordance with Article 8. 7.4 Restricted Access. The Requester shall at all times restrict access to the Confidential Information solely to Authorized Staff, n accordance with the requirements set out in this Agreement.The Requester shall be responsible to \ITO for any unauthorized access to Confidential Information resulting from the Requester's failure to meet the Requester's obligations in this Agreement(including this section). 7.5 No Exposure. Subject to the Authorized Uses)set out in Part A-I ofSchedule"A" and without limiting the generality of the restrictions or obligations placed upon the Requester in Articles 4,5.6 and 7.no Confidential Information shall he exposed or placed so that it can be viewed by the public and or any)not-authorized persons. 7.6 Destruction of Confidential Information. (LI) Subject to sections 7.6(hi and 7.tile)and 7.601.the Requester shall destroy ,ill copies of Confidential Inlitrmation in its possession or control,upon or before the earlier of tit the expiration or termination of this Agreement for airy reason: (ii) thirty I DI) days following completion or fulfilment of the applicable Authorized Use(s)as set out in Part A-I of Schedule"A";or (iii) the third Business Day alter the date of suspension.cancellation or voluntary cancellation of any or all of the Requester's accounts with y1T((or any or all of the Requester's rights or privileges under this Agreement. b) Despite section 7.6(a),if this Agreement expires and no[:vent of Default has occurred and then remains outstanding. the Requester shall not he required to destroy the Confidential Information and records referred to in that section for so lone as there remains in (ill (dice and effect a separate written agreement entered into by the Requester with hlTll under which the Requester is authorized to possess and use that Confidential Information and those records fitr the purposes for which they are then being possessed and used by the Requester. (c) Despite section 7.6(a),the Requester shall not be required to destroy the('on iidential Information and records referred to in that section to the extent(if amyl that i) the Confidential Information was also separately obtained by the Requester from a third party that was not at that time under any'obligation to keep such Confidential Information confidential or the Confidential Information pertains to an individual who has consented to having the Requester keep that Confidential httitrntation(provided that such consent is given in accordance with(and in any manner or film)required byl applicable law),or (iii) the Requester is required by applicable law to retain for any period of time any of the Confidential Information. The Requester shall he permitted to retain such of that Confidential Information or those records. in such form and for such period of time,as is so required by applicable law, subject to the Requester's confidentiality,non-disclosure and security obligations in this Agreement (including all of the Requester's obligations in Articles 4, 5,6 and 7.j. (d) For the avoidance of doubt, nothing in this section 7.6 shall bruit or release the Requester from the security, confidentiality and nondisclosure pros isions of this Agreement, which provisions shall sum,: any termination or expiration of this Agreement and shall remain in full force and effect until such time as they are satisfied or by their nature expire. 7.7 Retention of Licensed Information Within Canada. Subject to section 7.8,the Requester shall ensure that: (a) no Licensed information Requests will be made,and (b) no Licensed Inlbrmation Responses or Licensed lnlixnt:uion will be receives!, transmitted,stored or retained by the Requester or on behalfof the Requester outside Canada for any time period,no matter how short. _9_ 7.8 licensed Information That Does Not Contain Residential Addresses. Notwithstanding section 7.7,the Requester may (a) make Licensed Information Requests that do riot contain any residential addresses from premises of the Requester within the United States;andtor (b) receive, store or retain Licensed Information Responses that do not contain any residential addresses or Licensed Information that does not contain any residential addresses at premises of the Requester within the United States. for the avoidance of doubt, nothing in this section 7.8 shall limit the application of the Requester's security and confidentiality obligations under this Agreement. 7.9 Authorized Premises. ImudCv The Requester shall ensure that Licensed Information Responses are received,stored and retained only in the Authorized Premises and that all of the security and confidentiality obligations of this Article 7 are met in all Authorized Premises. 7.10 Authorized Premises Listed in Part A-2 of Schedule"A". The Requester covenants and warrants that all Authorized Premises as of the Effective Date have been listed in Part A-2 of Schedule"A".The Requester shall,within ten(10)days of any change in the list of Authorized Premises,advise MCO of such change in writing or other format acceptable to MTU. ARTICLE 8 AUTHORIZED STAFF 8.1 Listed in Part A-2 of Schedule"A". Che Requester covenants and warrants that all Authorized Staff as of the date of this Agreement have been listed in Part A-2 of Schedule"A".The Requester shall,within ten 1 10)days of any change in the list of Authorized Staff,advise MTO of such change in writing or other format acceptable to MTO. Notwithstanding any other provision of this Agreement,MTO reserves the right in its absolute discretion: (a) to reject any employee or contractor of the Requester as an Authorized Staff member: and b) to prohibit an Authorized Staff member from accessing any Licensed Information. 8.2 Employee Training,Security Statements and Contractor Security Agreements. The Requester shall require all Authorized Staff: (a) when and as required by MTO,to take such training in the handling and protection of the Licensed Information as is made available to the Requester by MTU; (hi who are Requester employees.to enter into and comply with the Employee Security Statement:and (c) who are individual third party contractors engaged by the Requester,to enter into and comply with a Contractor Security Agreement. 8.3 ,Authorized Staff Compliance. The Requester shall be solely responsible for ensuring that its Authorized Staff[illy comply with the Requester's confidentiality and security obligations contained in this Agreement. Without limiting the generality of the foregoing,or of section 8.2,the Requester shall be solely'responsible lot ensuring Cull compliance with the Employee Security Statement and Contractor Security'Agreement by Authorized Staff.The Requester shall indemnify and hold harmless MTO from and against any Damages that occur as a result of any non-compliance with the Employee Security Statement or Contractor Security Agreement by such Authorized Staff. - 10- 8.4 Retention of Original Copies. The Requester shall retain an original copy oleaclt Employee Security Statement and Contractor Security Agreement from the time it is executed until at least three(31 years after the date the Authorized Staff who signed that Employee Security Statement or the Contractor Security Agreement(as the case may bel ceases to be an employee or contractor of the Requester.Upon MTO's request from time to time,the Requester shall provide MTO with copies of all executed Employee Security Statements and Connector Security Agreements. ARTICLE 9 ALDIT AND.ANNEAL DECLARATIONS IfiL.L� 9.1 Audit of Requester. The Requester shall uecommodatc Audits ofthe Requester in accordance with the provision o1Schedole "D". For the avoidance of doubt. this section 9.1 and Schedule "D" shall sunvt e the expiry or termination of this Agreement for any reason. 9.2 Annual Declaration. Prior to the expiry of each current Term, the Requester shall complete, sign and submit to hilt) a declaration(the "Declaration")relating to the Requester's compliance with the obligations under this Agreement during the previous twelve(12)months.The Declaration shall he in such form as may he specified by MTO from time to time,and shall he executed by such otlicer of the Requester_or other responsible person,as may he specified by MTO in the fitrnt of the Declaration. ARTICLE 10 INFORMATION TRANSMISSION 10.1 "As Requested"Basis. Licensed Information shall be provided by NI1(1 to the Requester through the Delivery Channels and on an "as requested" basis in response to Licensed Information Requests,all in accordance with the procedures specified by MTO from time to time. The Requester acknowledges that, owing io the complexity and diversity of technologies utilized in the provision of Licensed Information Responses, MTO does not guarantee that it will transmit or deliver Licensed Information within a stipulated tinse after receipt of the applicable Licensed Information Request. 10.2 Incomplete,Inaccurate or Corrupted Documents. (a) If NI'FO reasonably suspects that a Licensed Information Request received front the Requester was incompletely or inaccurately transmitted,or corrupted in transmission, or not intended liar MTO.MTO shall so notify the Requester.MTO shall not respond to such Licensed littorrnation Request until AITO has received contirmation from the Requester of the validity and completeness of the licensed Information Request. (h) If the Requester reasonably suspects that a Licensed Information Response received from MTO was incompletely or inaccurately'transmitted,or conupted in transmission. or not intended for the Requester.the Requester shall so notify MTD.'Fite Requester shall not rely upon any inlitrntation until the Requester has received confirmation front MTO of the validity and completeness of the Licensed Information Response. If requested by MTV),the Requester shall return or destroy an invalid or incomplerc Licensed Information Response. 1(1.3 Deemed Authorization. The Requester shall establish reasonable and appropriate systems. methods and procedures to control the transmission or delivery of Licensed information Requests and the receipt of Licensed Information Responses.Subject to section 10.2,each Licensed Information Request sent by the Requester to MIO under this Agreement_shall he deemed to have heen duly authorized by the Requester and shall he binding - 11 - upon the Requester,unless the Requester otherwise notifies MTO before MTO responds to or makes any use of that Licensed Information Request. ARTICLE 11 APPLICATION INFORMATION 11.1 Warranty. The Requester represents and warrants that all information contained in the Application is true,correct and complete as of the date of the Application. 11.2 Updates. a) Within ten (10) Business Days alter the occurrence of any change in any of the information contained in the Application, or any change to any of the information previously provided pursuant to this section 11.2(a),the Requester shall notify MTO (in writing or other format acceptable to MTO)of such change. (h) Prior to the expiry of any of the Supporting Documents,and no later than ten(10)days alter the date of an amendment to any of the Supporting Documents,the Requester shall provide MTO with a copy of the replacement Supporting Document,or of the amended Supporting Document,as the case may be. Upon the request of MTO,the Requester shall provide MTO with an original or certified copy of any Supporting Document. MT()reserves the right,upon notice to the Requester,to add additional documents to the list of Supporting Documents contained in Part A-1 of Schedule"A". ARTICLE 12 REVIEW AND RE;VERIFICATION In�n'.ils 12.1 Review and Re-Verification Annually and as Required by MTO. At least thirty(30)days prior to the expiry of each current Term,and at such other times during each Term as may be required by SITO,the Requester will review and re-verify(in writing or other format acceptable to MTO)the information contained in the Application,as such information may subsequently have been changed in accordance with section 11.2(a). ARTICLE 13 AUTHORIZED REQUESTER INFORMATION SYSTEM 13.1 Electronic Requests. lithe internet has been included as a Delivery Channel in Part A-1 of Schedule"A",MTO will accept Licensed Information Requests from the Requester,and will provide Licensed Information Responses in accordance with specifications set out in Part A-I of Schedule"A"utilizing ARIS. 13.2 Password Assignment. (a) The Requester shall,(in writing or other format acceptable to MTO),advise MTO of those members of the Authorized Staff whom the Requester wishes to have access to ARIS. (b) MTO,at its discretion,shall assign user identification and passwords to members of the Authorized Staff in accordance with security policies and procedures of MTO. Notwithstanding the foregoing,M t U reserves the right not to issue user identification or a password to any individual or individuals regardless of their designation as Authorized StaIf'. cl The Requester shall ensure that only Authorized Staff who log onto ARIS using the user identification and password assigned to them by SITO(as such password may be changed from time to time)can gain access to the Passwords or make Licensed Inlhrmation Requests or receive Licensed Information Responses through ARIS. - 12- 13.3 Requester Equipment. In order to access Licensed Information utilizing ARTS,the Requester shall obtain,install and test,at the Requester's own expense,the following computer equipment,software and services,with the following minimum specifications: • Pentium computer or higher: • Internet Explorer.Netscape or higher.and • Internet service. The Requester acknowledges and agrees that;bI fO shall have no responsibility ldr providing technical support.or maintenance,for any of the Requester's own systems required to access ARTS. ARTICLE 4.4 FEES 14.1 Fee Schedule. The Requester shall pay the Fees set out in the attached Schedule "C". lar obtaining Licensed Inti rmation turn\ITO under this Agreement. 14.2 Pre-paid Account. The provisions of this section 14.2 shall be applicable if the Requester has indicated in Part A-1 or Schedule "A" that the Requester wishes to establish a pre-paid account(a"Pre-paid :Account") from which tiff)may debit all amounts owing from time to time under this Agreement,or if the Requester is authorized under Part A-I of Schedule "A" to obtain Licensed Information over the telephone or through the internet utilizing AR IS. (a) The Requester shall complete and sign such document(s)as may he required to allow NIT)to debit the Pre-paid Account. (b) The Requester acknowledges and agrees that ATTO may only process a Licensed Information Request where the amount remaining in the Pre-paid:Account at the time of the Licensed Inkirritation Request is sufficient to cover all of the Tees payable for such Licensed Intornwtion Request. (c) The parties acknowledge and agree that the monies in the Pre-paid Account from time to time will nut he designated,earmarked or credited in favour of any Licensed Information Request. Accordingly,at the time%IT0 receives a Licensed Information Request,so long as the balance in the Pre-paid Account is sufficient to coyer the Fees payable fin that Licensed Information Request,NITt)may dehit the Pre-paid Account by the amount of those Fees. (d) Upon the expiration or termination of this Agreement for any reason, N-TtO shall release to the Requester any balance remaining in the Pre-paid Account alter debiting from the Pre-paid:Account till Fees and other amounts owed by the Requester to NIT() under this:Agreement. 14.3 Remittance of Fees. (a) The Requester shall remit all Fee payments under section 14.1 io NTTt/at the hollowing address: Ministry of t iansponation.Inlhnnation.vt:magement Services t hrrsit_tht Data Access Unit. 2680 Keele Street. Downsview,Ontario,NItNI 3E6. b) Pee payments shall include agreemenbaccount numbers,and may be made by cheque, credit card,money orcier or cash. - 13- ARTICLE 15 INDEMNITY AND LIMITATION OF LIABILITY 15.1 Indemnity. la) The Requester agrees to defend, indemnify and hold harmless the Government of Ontario and its officers,employees,agents or contractors,from and against any and all Claims and Damages that may occur,by reason of: (i) any breach or deemed breach of this Agreement by the Requester,or (ii) any non-compliance with Employee Security Statements or Contractor Security Agreements by any of the Authorized Staff;or (iii) any negligent,improper,or unauthorized use or dissemination of Confidential Information by the Requester or by the directors, officers, partners, employees, contractors (including Authorized Staff) or agents of the Requester;or (iv) inaccurate or out-of-date information contained in Licensed Information furnished to the Requester by MTO. 15.2 Limitation of Liability. (a) The Government of Ontario makes no Warranties with respect to the Licensed Information, including any Warranties that any Licensed Information (or any information contained in the Licensed Information) will be accurate, complete or up-to-date,or free of errors or omissions,in whole or in part,or that any Licensed Information will be fit for any purpose. (b) THE GOVERNMENT OF ONTARIO SHALL HAVE NO LIABILITY OF ANY KIND TO THE REQUESTER UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR BREACH OF CONTRACT WHETHER OR NOT A FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). THIS LIMITATION OF LIABILITY IS INTENDED TO BE,AND WILL BE CONSIDERED TO BE,EXHAUSTIVE IN SCOPE,AND THE REQUESTER ACKNOWLEDGES THAT THIS IS THE ONLY BASIS ON WI IICII MTO HAS APPROVED THE APPLICATION AND AUTHORIZED MTO TO ENTER INTO THIS AGREEMENT WITH THE REQUESTER. (c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE GOVERNMENT OF ONTARIO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES, INCLUDING LOST PROFITS, EVEN IF THE GOVERNMENT OF ONTARIO HAS KNOWLEDGE OF THE POTENTIAL DAMAGES OR LOSSES. (d) In no event will the Government of Ontario be liable for any Damages or Claims, including any Claims for loss of profits or other incidental or consequential damages, arising out of the Requester's use of, or inability to use or access, any Licensed Information,or delays by MTO,or from failure to supply Licensed Information,or from inaccurate, incomplete or out-of-date information contained in any Licensed Information. (e) The Requester releases and forever discharges the Government of Ontario and the Government of Ontario's officers,employees,agents and contractors) from any Claims relating to any Warranties contemplated in section I5.2(a),from any liability contemplated in sections 15.2(h) and 15.2(c) and from any Damages or Claims contemplated in section 15.2(d), 15.3 Survival. -the provisions of this Article 15 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 16 DEFAULT AND REMEDIES 16.1 Events of Default. "Events or Default"shall include any one or more of the following: (a) the Requester becomes bankrupt or insolvent, goes into receivership_ or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors: (b) it-the Requester is a corporation,an order is made or resolution passed for Thr w lading up of the Requester,or the Requester is dissolved: (c) the Requester ceases to carry on business in the normal course: (d) the Requester has submitted false or misleading information to Ni-ro(including false or misleading information in the Application)or makes a false representation in this Agreement or the Application: (e) the Requester has failed to update the intbrmation contained in the Application or has failed to review and re-verify such information in accordance with section 12.1: f) there is a material degradation itt the security measures(including security products, tools or procedures)that the Requester has in place to protect the licensed Information trout improper access,loss.alteration or destntction: (g) the Requester commits a Privacy'Default and such Privacy Default is not curable or such Privacy Default is curable but the Requester fails to cure it as expeditiously as possible and in any event within twenty four(24) hours of receiving notice of such Privacy Default from yI f0: (h) the Requester fails to make any payment as required under this Agreement, or it- payment tpayment is in the form of a cheque or other negotiable instrument_such payment is rejected for not sufficient funds: (i) the Requester tails to meet any other term or condition of this Agreement(excluding tins other default expressly referred to in this section 16.1) and such default is not curable or such default is curable but the Requester tails to cure it within ten t I th days of receiving notice of such default from MTO:or (j) the Requester is,or is deemed to be,in default under any other agreements)with NI.TO relating to access or use of any Confidential Inlbrmation. 16.2 Remedies. (a) [poo the occurrence of an Event of Default. NIT() shall have the right. efrectise immediately without notice.to: (i) terminate this:Agreement (ii) suspend or cancel any or all of the Requester's accounts with WO. (iii) suspend or cancel any-or all of the rights or privileges of the Requester under this Agreement;ander Iiv) suspend or cancel any or all of the Passwords issued by MTO to the Requester_ (b) A TO may also pursue any appropriate adntinistratice.civil and:or criminal remedies For default of any of the provisions of this Agreement. 16.3 Notification of Default. The Requester shall notify MT()O in writing immediately upon becoming aware that:m Et.ent Default has occurred,or that any other provisions of this Agreement have been breached. - 15- ARTICLE 17 AMENDMENTS TO THE AGREEMENT 17.1 Amendments. The Requester acknowledges and agrees that MTO shall have the right unilaterally to amend this Agreement from time to time including,without limitation,any of the Fees set out in Schedule "C". Such amendments shall become effective ten(10)days after the Requester's receipt of written notice of such amendments(or at any later time specilied in such notice). 17.2 Termination. 11'the Requester receives a notice of any amendments under section 17.1,the Requester shall have the right to terminate this Agreement effective upon written notice to M1'O. ARTICLE 18 PROMOTIONAL MATERIAL 18.1 Accuracy. Any promotional or informational material disseminated by the Requester in connection with the Licensed Information or access to the Licensed Information shall be accurate and shall be consistent with the terms and provisions of this Agreement,and shall contain only factual statements relating to the Licensed Information and the purpose and conditions of access as set forth in this Agreement. For the avoidance of doubt,nothing in this section 18.1 shall be deemed to limit or release the Requester from any of the confidentiality,security or privacy provisions of this Agreement. 18.2 MTO Trade-Marks and Logo. Neither NITO's name nor any b1T0 trade-mark or logo may be used by the Requester without the prior written consent of NITO. ARTICLE 19 GENERAL PROVISIONS 19.1 Force Majeure. Neither party shall he liable for delay or failure in performance resulting from acts beyond the control of that party, including acts of God, acts of war, fires, floods or other disasters, strikes, walkouts, lockouts, communication line or power failure, or failure, inoperability or destruction of computer hardware.software or firmware(unless caused by the negligence of that party),or any negligence,wilful misconduct or breach of this Agreement by the other party. 19.2 Non-Assignability. The Requester may not assign or transfer this Agreement,or any right under this Agreement,either in whole or in part. Subject to this restriction,this Agreement shall enure to the benefit of,and hind,the parties and their respective successors and assigns. 19.3 Notices. (a) Any notification or other communication to he given under the provisions of this Agreement shall he in writing and shall he given by personal delivery, or sent by electronic facsimile, or mailed by a prepaid registered mail or delivered by courier service.Subject to change by either party with written notice in accordance with this section 19,3,notices shall he addressed in accordance with the addresses set out in Part A-2 of Schedule"A". (h) Notices shall he deemed to have been effectively given on the date of personal delivery, the date of electronic facsimile transmission or the date ofdelivery by courier service, or in the case of service by registered mail five(5)days atter the date of mailing. - 16- t 19.1 waiver. Failure of WO to complain of any act or failure to act of the Requester,or to declare the Requester in deidult,shall not constitute a waiver by MTU of its rights under this Agreement.No waiver of any rights 1 under this Agreement shall he effective unless in writing,duly executed br yITO. 19.5 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties relating to the , subject matter of this Agreement and supersedes all prior understandings, discussions, negotiations. commitments,Warranties and agreements,written or oral,express or implied,between them.Except as expressly provided in this Agreement and subject to section 17.1,this Agreement nuts he amended or modified only by an instrument in writing executed by each of the parties_ 19.6 Survival of Provisions. Obligations under tins Agreement which expressly or by their nature survive the termination or expiry of the"berm will continue in three subsequent to,and in spite oh such termination or expiry until they are satisfied or by their nature expire. 19.7 Governing Lane. This Agreement shall be deemed to have been ILrmed in the Province cif Ontario and shall be ,.,,,ped by the laws in force in Ontario(and the laws of Canada applicable in Ontario). Each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising under,or related to,this Agreement. 19.8 French Language Clause(Quebec). The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto,including notices,have been and shall be drawn up in the English language only.Les parties aux presentes eontirntent leur volume que tette convention de meme que tons let documents,y contpris tons avis,s'y rattachant,soient rediges en langue anglaise settlement. 19.9 Interpretation. (a) I leadings are not to be considered part of this Agreement,and are included solely for convenience and are not intended to be full or accurate descriptions of the content of the paragraph_ (hi In this Agreement, words importing the singular number include the plural and vice versa, worbs importing the masculine gender include the feminine and neuter genders;words importing persons include individuals.sole proprietors.err poratioi,s. partnerships,trust and unincorporated associations. (c) Unless specified otherwise in this Agreement,a reference in this Agreement to a statute refers to that statute as in three at the Effective Date and as the same nr s he amended. re-enacted,consolidated and-or replaced from time to time.and any successor statute. A reference to a statute shall be deemed to include any regulations made under that statute. (d) For purposes of this.Agreement,unless otherwise pros ided in this:Agreement.a period of days or Business Days shall he deemed to: I i) begin on the first day after the event that began that perturb,and (ii) end at snot)p.m.ft{astern Standard t'itne or Eastern Daylight Sayings I urine as the ease may be)on the hist day or Business Day,as the case may he.of that period. (e) In this Agreement the words "include" "includes" or"including" mean "include without limitation" "includes without limitation"and"including without limitation respectively,and the words hollowing"include" "includes"or"including"shall not he considered to set forth an exhaustive list. _17_ IN WITNESS WHEREOF,each of the parties have executed and delivered this Agreement as of the date first above written. HER MAJESTY THE QUEEN in right of Ontario,as represented by the Minister of Transportation For Paul Brown,Director,Licensing Services Branch By: Patty Watters Manager, Information Management Services Oversight Office Date' REQUESTER: By: Print Name: Title Date' I have the authority to hind the organization. SCIIFDIl7,F "A" SPECIFICATIONS Part A-( A. Licensed Information: PLp004 - I'late-VIN by Date Abstract with Address DRAABS- 3 Year Driver Record with Address FISDRV - Driver License Search DRACABS Certified 3 Year Driver Record with Address SV E11004- VIN I listory with Address(Regulated) fISVI)I I - Plate VIN RUN Search I'LT006 - Plate I listory with Address B. Authorized Ise(s): AU05 - Litigation legal proceedings. including locating individuals 16r. service of process,affidavits,statements of claim,and inclusion of other court documents which themselves may become public records; or providing information of evidentiary value which may be used in an investigation by the Requester or licensed private investigator retained by the Requester that could lead to legal proceedings. Notwithstanding the provisions of section 7.6 of the Agreement. Licensed Information contained in a solicitor's file in accordance with the Authorized Use set out herein,may remain in such tile in accordance with the tile retention schedule as determined by the Law Society of I:pper Canada,subject to any transfer of such file to another solicitor for purposes consistent with the authorized use herein. AU IS - Government use for program delivery where authorized by statute. Enforcement of the Property Standards Bylaw 2015-101;Park Protection Bylaw 71-57, as amended; Idling Bylaw 98-217, as amended: Maintaining of Land in Clean and Clear Condition Bylaw 2007-41; Soliciting Bylaw -I69; The following zoning Bylaws 479-200, 1970-69 and 1966-395, to enforce bylaw infractions relating to parking of vehicles on grass,boats and trailers in driveway; where a vehicle is used in the commission of the offence and excluding parking offences under the Provincial Offences Act Part II. C. Delivery Channels: (a) For Licensed Inhmnation Requests:Telephone,Internet (b) For Licensed Information Responses:Telephone,Internet D. List of Supporting Documents: Security Statement,9999-12-31 Reference to Legislation/By-Laws,9999-12-31 Authorized Application Signor Data&Signature,9999-12-31 F. Prepaid Account: Yes ( ) No (x) F. Security Provisions and Standards: Security Provisions: Building is secured with employee access cards.Computer terminals are protected by employee passwords.Data base where information can be retrieved is protected by password. Intbrmatiou is provided to Municipal Law Enlihrcennent Officers oldie(corporation of the City of Niagara Palls who maintain their own files and records in their secured area. Part A-2 A. Addresses for Notice: (a) For AITO Information Management Services Oversight Office Main Floor,Building"A" 2630 Keele Street Dowasview ONTARIO M3M 3116 Attention:Coordinator,Business Infttrmation Services Unit Telephone:(416)246-7112 Facsimile:(416)235-4465 (b) For the Requester TIIF:CORPORATION OF TIIE CITY OF NIAGARA FALLS Physical Address: 4310 Queen Street Niagara Falls,ONTARIO L217 6X5 ('A NADA Mailing Address: 4310 Queen Street Niagara Falls,ONTARIO L 2E 6X5 CANADA Attention:Mr.Paul Brown,Manager for Parking Operations Telephone:(905)356-7521 Facsimile:(905)356-7521 B. List of Authorized Staff: Mr.Ken Beaman,City Solicitor Mr.Tim Burshtein,First Attendance&Permit Clerk Mr.Paul Brown,Manager for Parking Operations Mr.Dean lortida,City Clerk Ms.Anna Morocco,Parking Coordinator G List of Authorized Premises: Account: 10168-01)1 Account Contact:Brown,Paul(Mr.) Physical Address: 4310 Queen ST Niagara Falls,ONTARIO L2I[6X5 CANADA Account: 10163-002 Account Contact: Beaman,Ken(Mr.) Physical Address: 4310 Queen ST Niagara Falls,ONTARIO L2E 6X5 CANADA SCHEDULE "B" REQUESTER EMPLOYEE SECURITY STATEMENT I0168 Employee Name: Division: Position 8: I. TILE CORPORATION OF TI IE CITY OF NIAGARA FALLS(the"Requester")is licensed to receive confidential and personal information (the "Information") from files and data bases administered by the Ontario Ministry of Transportation("MTO").MTO is committed to protecting this Information from unauthorized access,use or disclosure.The following policies have been adopted to address employees'responsibilities for handling and protecting this Information. 2. As an employee of the Requester,you may access this Information only when necessary to perform your duties as such employee in the course of your employment,and only for the following purposes: AU05 - Litigation/legal proceedings, including locating individuals for: service of process,affidavits,statements of claim,and inclusion of other court documents which themselves may become public records; or providing information of evidentiary value which may be used in an investigation by the Requester or licensed private investigator retained by the Requester that could lead to legal proceedings. Notwithstanding the provisions of section 7.6 of the Agreement, Licensed Information contained in a solicitor's tile in accordance with the Authorized Use set out herein,may remain in such tile in accordance with the tile retention schedule as determined by the Law Society of Upper Canada,subject to any transfer of such file to another solicitor for purposes consistent with the authorized use herein. AU 15 - Government use for program delivery where authorized by statute. Enforcement of the Property Standards Bylaw 2015-1(11;Park Protection Bylaw 71-57, as amended; Idling Bylaw 98-217, as amended; Maintaining of Land in Clean and Clear Condition Bylaw 2007-41; Soliciting Bylaw 77-169; The following zoning Bylaws 879-200, 1970-69 and 1966-395, to enforce bylaw infractions relating to parking of vehicles on grass,boats and trailers in driveway; where a vehicle is used in the commission of the offence and excluding parking offences under the Provincial Offences Act Part II. 3. You must not access or use this Information for personal reasons.(Examples of inappropriate access or misuse of Information include, but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives;accessing Information about another person,including locating their residence address,for any reason not related to your work responsibilities or not authorized by the Requester.) 4. You may disclose Intbrmation only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include but are not limited to:looking up someone's address for a friend.) 5. You must take reasonable precautions to maintain the secrecy ofany password you use to access Information electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing them to observe while you enter it at a terminal;and frequently changing your password(and,if you suspect your password has been used by someone else,changing it immediately and notifying the Requester);and selecting random passwords that are not easy for others to guess. 6. You must take reasonable precautions to protect data entry terminals and equipment front unauthorized access. Reasonable precautions include,but are not limited to:not leaving your terminal unattended while you are logged onto the system;exiting the database which contains any Information when you leave your workstation;securing your terminal with a locking device if one has been provided; storing in a secure place any user documentation to programs through which electronic access to any Information may be gained;and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Requester. I have read and I understand the security policies stated above,and will comply with them and any other security policies issued in the future by the Requester,MTO.I understand that failure to comply with these policies may result in disciplinary action by the Requester and/or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed By Date __��_�� m.wu,`r "^°"""" ~*�°I lcor~ ._111.111~~odo~.cod~rlk,~^`_.~~.^^~"~^.^~°^^`' ch..,~houtnow, .~~°ity~~~".^^.ono limo°~roc.,c°~lor ,_.~.",.~.=.^_"~.^..~x°..~.too coil~_^~_-LII ~... and,emacs~~~ad° °~^ ^"." Goyermucni~ict Schedule `.,~°~~ ~_~,., SCHEDULE "D" AUDIT, AND REVIEW I. Right of Audit. NIT0 shall each have the right, from time to time, to Audit such of the Requester's businesses and operations as relate to or are involved in the performance of the Requester's obligations under this Agreement,including: la) the Requester's security arrangements (including the Security Statements and Contractor Security Agreements),and the Requester's books and records:and (b) any media of, or in the possession of, the Requester that contain any Confidential In formation 2. Tinting of Audits. The Audits contemplated in section I may be conducted at any time during the Requester's normal business hours upon 24 hours'prior written notice(or.in the case of Audits relating to possible Privacy- Defaults,without prior notice). 3. Authorized MTO Representatives. VITO shall have the right to engage third party representatives to perform Audits contemplated in section 1. 4. Privacy Compliance. (a) Privacy-related Audits.Without limiting the generality of section 1,MTO shall have the right to conduct the Audits contemplated in section 1.to measure the Requester's compliance with:(A)the Privacy Laws;(B)the provisions of this Agreement relating to the Requester's compliance with the Privacy Laws;(C)the provisions of Articles 4 to 8 inclusive:or(D)any other provisions of this Agreement that relate to Personal Information or the Processing of Personal Information. (h) Privacy Compliance Meetings. In addition to performing the Audits contemplated in section 4(a), MTO may require the Requester to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 4(a).Such meetings shall he held at such times and places as MTO may mutually agree upon with the Requester from time to time,acting reasonably.i lowever,if as a result of any such Audit MTO has reason to believe that the Requester has committed a Privacy Default, MTO may require such meeting to be held within one(I) Business Day of MTO's notifying the Requester in writing that MTO wishes to hold such meeting. 5. Performance Reviews. (a) Audits Relating to Overall Performance.Without limiting the generality of section 1, MTO shall have the right to conduct the Audits contemplated in section I, to measure the Rec nester's overall performance of its obligations under this Agreement. (b) Meetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5(a),MTO may require the Requester to meet with VITO to review the results of such Audits as they relate to the matters referred to in section 5(a).Such meetings shall he held at such times and places as MTO(as the case may be)may mutually agree upon with the Requester from time to time acting reasonably. 6. I mcation and Manner of Audits. The Audits contemplated in section 1 may be conducted on-site at the location(s) of any of the Requester's Authorized Premises,including the location(s)of any of the following: (a) the Security Statements or Contractor Security Agreements.or the Requester's hooks and records:or Ib) any media of, or in the possession of, the Requester that contain any Confidential Information. Such Audits may be conducted in whole or in part by remote electronic means if the Requester's electronic systems have the functional capability of facilitating such remote.Audits. 7. Requester Co-operation. The Requester shall fully co-operate with MTU in facilitating the conduct of any Audits contemplated in section I,including providing such access.documentation,information,copies of documentation and information,and assistance as MTO may reasonably request for the purpose of such Audits. 8. Duration of Audit Rights. MTO's Audit rights as contemplated in section l shall be in force from the Effective Date to the date which is three(3)years after the expiration or termination of the Agreement. 9. Correction of Defaults. Without limiting or restricting any other obligations of the Requester, or rights or remedies of.AIT(). under this Agreement or at Law or in equity: (a) the Requester shall, at its sole cost, correct any breaches by the Requester of this Agreement (including any Privacy Defaults) identified through an Audit (and in respect of which MTO has provided written notification to the Requester). Such corrections shall be done as expeditiously as reasonably possible and its any event within the applicable cure period(if any)provided in section 16.1 of the Agreement. (b) the Requester shall notify MTO in writing upon such breaches having being corected. c) After receiving such notification front the Requester,AITO may conduct a foltoss up Audit to confirm that all such breaches have been corrected. (d) I(*requested by MTO in the notification referred to in section 9(a): (i) the Requester shall provide to MTO, within ten (10) days of receiving the notification referred to in section 9 (a) (or within five (5) days of receiving such notification,where such breaches constitute Privacy Defaults). a reasonable written plan outlining the steps the Requester will take to ensure that such breaches do not occur again:and (ii) the Requester shall implement the plan provided under section 9(d)(i). 10. Costs of Audit. (a) All costs incurred by the Requester in connection with the Audits contemplated in section 1 shall remain solely the responsibility of the Requester. (b) Except as provided in section 10(c),all costs incurred by MTO in connection with the Audits contemplated in section I shall remain solely the responsibility of MTO. (c) Despite section 10(h), if any Audit contemplated in section 1 discloses a material uncured default by the Requester under this Agreement, then the Requester shall reimburse MTO for MTO's reasonable and verifiable costs of conducting such:Audit. 11. Without Prejudice. For the avoidance of doubt,nothing in this Schedule"D"shall be deemed to limit or prejudice the rights of WO or the obligations of the Requester under any other provision of this Agreement or at lass or in equity. CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an Agreement between the Niagara Parks Commission (NPC) and the Corporation of the City of Niagara Falls respecting access to NPC lands for fire training purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between the Niagara Parks Commission and the Corporation of the City of Niagara Falls respecting access to NPC lands for fire training purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015. Second Reading: October 27, 2015. Third Reading: October 27, 2015. THIS ACCESS TO LANDS FOR FIRE SERVICES TRAINING AGREEMENT made this 27th day of October, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Herein called the "Municipality" -and- THE NIAGARA PARKS COMMISSION Herein called the "NPC" RECITALS WHEREAS the NPC is the owner of certain lands and premises defined as the "Parks" in the Niagara Parks Act, R.S.O. 1990, Chapter N.3 (hereinafter the "Subject Property"); AND WHEREAS the Municipality has agreed to supply fire suppression, fire prevention and rescue services to the NPC; AND WHEREAS the Fire Services Department of the Municipality requires access to the Subject Property in order to practice certain kinds of rescue operations; AND WHEREAS the NPC has agreed to grant the Municipality permission to access the Subject Property from time to time for purposes of the Municipality's fire services training initiatives subject to the terms and conditions hereinafter contained; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) now paid by the Municipality to the NPC, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: GRANT 1. The NPC hereby grants the Municipality and its firefighters, employees, agents, contractors, trainees and invitees, permission to enter upon the Subject Property, from time to time during the term of this Agreement, for the purpose of carrying out certain fire services training initiatives at the locations, dates and times scheduled in advance with, and approved by, the NPC's Chief of Niagara Parks Police. 2. The permission granted herein is solely for the purpose of allowing the Municipality to carry out fire services training initiatives (the "Training") and may include the following activities: (a) Technical rescue (rope rappelling in the gorge environment, rope rescue and ice/water rescue); (b) Water hydraulics/pump testing/hose lays; 2 (c) Auto extrication; and (d) Such other Training as may be permitted by the NPC's Chief of Niagara Parks Police, acting reasonably. TRAINING 3. On each occasion that the Municipality applies for an approval of a specific Training exercise, the Municipality, acting reasonably, shall notify the NPC's Chief of Niagara Parks Police in advance, of the proposed dates, times, locations and specific nature and scope of the proposed training activities and provide such other information as the NPC's Chief of Niagara Parks Police may reasonably request regarding the Training. 4. The Municipality acknowledges and agrees that the NPC may not be in a position to accommodate all requests for Training proposed by the Municipality due to other activities or events that may be scheduled on the Subject Property, from time to time, or other considerations, and that the approval granted by the NPC's Chief of Niagara Parks Police on any occasion may be subject to such additional terms and conditions as determined by the NPC's Chief of Niagara Parks Police, in his sole discretion, in particular, without limiting the generality of the foregoing, the NPC'S Chief of Niagara Parks Police may require that all fluids of any description be removed from any vehicle that is proposed to be brought onto the Subject Property for the purpose of auto extrication Training. 5. The Municipality understands and agrees that the Subject Property forms part of a public park, with natural features of geological, environmental and historical significance and, therefore, the Municipality shall ensure that the Training is carried out in a manner that does not interfere with visitors to the Subject Property; ensures public safety; and does not cause any damage to the Subject Property including, but not limited to, the trees thereon. 6. The Municipality shall be liable for all damage to the Subject Property attributable to the acts or omissions of the Municipality in carrying out the Training, all of the Municipality's firefighters, employees, agents, contractors, trainees and invitees (collectively referred to as the "Municipality's Participants"). The Municipality shall immediately notify the NPC's Chief of Niagara Parks Police of any damage caused to the Subject Property as a result of the Training. 7. Immediately following completion of the Training, the Municipality shall reinstate the Subject Property to as close a condition as reasonably possible and appropriate at the time immediately prior to the Municipality's entry onto the same, at the Municipality's sole cost, to the satisfaction of the NPC, acting reasonably. The reinstatement required herein shall include remedying any damage caused to the Subject Property as a result of the Training, and ensuring that the Subject Property is left in a clean, tidy and safe condition, to the satisfaction of the NPC, acting reasonably, at the Municipality's sole cost. 8. The Municipality hereby acknowledges that it is fully aware of the risks inherent in Training and the Municipality covenants and agrees that the Municipality shall assume all such risks. The Municipality also covenants and agrees that it is 3 solely responsible for the safety of the Municipality's Participants during the Training and to ensure that all of the Municipality's Participants are suitably equipped and sufficiently prepared to participate in the Training. 9. The Municipality shall, at all times, comply with all statutes, laws, by-laws, regulations, ordinances, orders and requirements of governmental or other public authorities having jurisdiction, and all amendments thereto, at any time and from time to time in force that relate to the Training. The Municipality also covenants and agrees that it shall ensure that all the Municipality's Participants will strictly observe all lawful requests, orders, demands and instructions of the NPC; in particular, those of the Niagara Parks Police relating to the Subject Property. 10. The Municipality accepts the Subject Property in the condition that exists at any time during the Training and understands and agrees that the NPC makes no representations or warranties as to its condition or suitability for purposes of Training. 11. The Municipality agrees not to bring onto the Subject Property, any material, substance, equipment or object which is likely to endanger the life of, or cause bodily injury to, any person, or which is likely to constitute a hazard. NON-EXCLUSIVE ACCESS AND USE 12. The Municipality acknowledges and agrees that the permission granted herein is temporary, revocable and non-exclusive; strictly subject to the terms and conditions specified herein; and that the Municipality shall not acquire an easement over the Subject Property or any other property interest, right or claim, of any kind. INDEMNITY 13. The Municipality understands and agrees that all materials, equipment or articles of any nature or kind at any time laid, erected, brought upon or placed upon the Subject Property shall be entirely at the risk of the Municipality in respect of loss, damage, injury, destruction or accident, from whatsoever cause arising. 14. The Municipality, for itself and the Municipality's Participants, and any other party or parties who claim a right or interest through them, (collectively referred to as the "Releasors"), hereby irrevocably and unconditionally releases, waives and forever discharges the NPC, including its employees, agents, contractors, and all those for whom it is in law responsible, (collectively referred to as the "Releasees"), from and against any and all claims, demands, suits, actions, causes of action and proceedings of any kind or nature whatsoever, for damages, losses, costs or expenses or otherwise including, but not limited to, by reason of any injury, death, loss or damage to persons or property, howsoever caused, that the Releasors may have against the Releasees or that may be brought against or made against the Releasees arising now or in the future as a direct or indirect result of the use of the Subject Property or the Training or any activities in connection therewith. 4 15. The Municipality shall be fully liable for and shall fully defend, indemnify and hold harmless the NPC, including its employees, agents, contractors, and all those for whom it is in law responsible, from and against any and all liabilities, claims, demands, suits, actions, causes of action, proceedings, losses, expenses and/or costs to which the NPC may become liable or suffer by reason of any breach of this Agreement by the Municipality or by reason of any injury, loss, damage or death incurred by the Municipality or any of the Municipality's Participants or any third party resulting from or occasioned by any act, neglect or default of the Municipality or the Municipality's Participants in connection with the use of the Subject Property or the Training or of any activities in connection therewith. 16. Notwithstanding sections 14 and 15 of this Agreement, the Releasors shall, at no time, be responsible to defend, hold harmless or indemnify the Releasees for any claims, demands, suits, actions, causes of action, proceedings, losses, expenses and/or costs resulting from the negligence or willful misconduct of the Releasees. INSURANCE 17. The Municipality agrees to obtain and maintain, in full force throughout the term of this Agreement, appropriate insurance coverage, at its sole cost including, but not limited to, comprehensive general liability insurance for a limit of no less than Five Million Dollars ($5,000,000.00) to protect the NPC, as an additional insured, from all claims arising from the use of the Subject Property by the Municipality pursuant to this Agreement. The NPC shall be named as an additional insured and coverage shall include personal injury and property damage, including death, and shall contain a provision for cross-liability and severability of interest. The Municipality shall provide the NPC with thirty (30) days prior written notice of cancellation or material change that would diminish coverage. The Municipality shall further provide the NPC, upon the NPC's written request, with a Certificate of Insurance evidencing the required coverage. TERM 18. The term of this Agreement shall be one (1) year commencing on the date first written above. The NPC and the Municipality acknowledge and agree that there shall be no fee charged to the Municipality for the access and use described herein. The NPC and the Municipality hereby agree that any extension of the term shall be mutually agreed to by the parties in writing. TERMINATION 19. Either party may terminate this Agreement at any time, for any reason, upon delivery of written notice to the other party. ASSIGNMENT 20. The Municipality may not assign this Agreement without the prior written consent of the NPC, which consent may be unreasonably withheld. 5 GENERAL 21. In the event the Municipality fails to observe or comply with its obligations hereunder and fails to rectify the same after receipt of written notice thereof, the NPC may, acting reasonably, rectify the same at the Municipality's expense (payable by the Municipality forthwith, on demand), in addition to any other remedy the NPC may have at law. The Municipality's obligation in this regard shall survive the termination of this Agreement. 22. Time is of the essence hereunder and the parties shall execute such further documents as reasonably required to give full effect to the provisions hereof. The provisions hereof shall enure to the benefit of and be binding upon the parties hereto and their permitted assigns. NOTICE 23. Any notice required or permitted to be given pursuant to this Agreement shall be given in writing by facsimile transmission, e-mail, prepaid regular mail or personal delivery, to the respective party, at the addresses set out below. Any such notice shall be conclusively deemed to have been given on the date of delivery, if given personally; or, if given by facsimile or e-mail, on the first business day following the transmittal thereof; or, if sent by prepaid registered mail, on the second business day after the date of such mailing. Notice shall be given to NPC at: The Niagara Parks Commission Oak Hall Administrative Office P.O. Box 150 7400 Portage Road South Niagara Falls, Ontario L2E 6T2 Telephone No. (905) 356-1338 x225 Fax (905) 356-4447 E-mail: cscottgr lagarapatics coal And to the Municipality at: Niagara Falls Fire Department Telephone No.: (905) 356-1321 x. 2203 Fax: (905) 356-6236 E-mail: fireadmin@niagarafalls.ca GOVERNING LAW 24. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. If any provision in this Agreement is determined by any court or tribunal of competent jurisdiction to be illegal or unenforceable, it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto as though such provision had never been included. All references within this Agreement to the 6 NPC's Chief of the Niagara Parks Police shall be deemed to include his or her designate, as applicable. ENTIRE AGREEMENT 25. There are no covenants, representations, agreements, warranties or conditions in any way relating to the subject matter of this Agreement, express or implied, collateral or otherwise, except as expressly set forth herein and this Agreement constitutes the entire agreement between the parties and may not be modified, except by subsequent written agreement duly executed by the parties. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement on the day and year first above written. THE CORPORATION OF THE CITY OF NIAGARA FALLS) Per: Name: James M. Diodati Title: Mayor Name: Dean lorfida Title: City Clerk I/We have authority to bind the Corporation THE NIAGARA PARKS COMMISSION Per: Name: Title: S _ _ <- Name: 2v 1 Title: I/We have authority to bind the Corporation CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an Agreement with The Niagara Falls Lions Club respecting the Adopt-A-Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated October 27. 2015 and made between The Niagara Falls Lions Club as Volunteers and The Corporation of the City of Niagara Falls as City,respecting the Adopt-A- Program public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically at Millennium Trail Niagara Falls Lions Pathway, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty-seventh day of October. in the year 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 THIS AGREEMENT made this 27th day of October. A.D., 2015. BETWEEN: The Niagara Falls Lions Club Hereinafter called the Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS" Hereinafter called the "City- of the SECOND PART; WHEREAS the City's Adopt-A-Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule"A"attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time,and abide by the rules and conditions set out in Schedule "B"" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times.the City of. from and against all actions,causes of action,interest,claims,demands. costs,charges.damages. expenses and loss which the City may at any time bear. incur,be liable for. sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions. causes of actions, claims and demands. for damages, loss. injury. or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt-A-Program. 5. The City shall confirm the specific section of a City Street. Park. Walkway and/or Trail to be adopted by the Volunteers. 6. The City shall provide safety information, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park. Walkway and/or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter-productive to its purpose. or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a designated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt-A-Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt-A-Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: The Niagara Falls Lions Club 6172 Buchner Place Niagara Falls, ON L2G 1X6 Attention: Wayne Scott Telephone: 905 358 5312 Email: mail4waynen.cogeco.ca The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356-7521, Ext. 3330 Fax: (905) 356-7404 ) Name: Name: ) Name: ) THE CORPORATION OF THE CITY OF NIAGARA FALLS ) Name: James M. Diodati Title: Mayor , , ) Name: Dean torr/ ida Title: City Clerk SCHEDULE "A" to an Agreement dated the 27i1' day of October. A.D., 2015 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Trail: Millennium Trail Niagara Falls Lions Pathway - starting at Thorold Stone Road & Stanley Avenue 'Adopt-4 Program rvlillennium'rail Niagara Falls Lions Pathway go - Adopt Signage Niagara Pails Lions Cluo Contact 'vtiavne Scott P9O5-358-53'2 Trail length - 1 .3 KM 4:7114-1,"<;e:4 k •\ 1'''' f- ,.\ V., ' „.." l \. .^� .raw `„2', t t ILt. N, � - _ +, { F-'' `�, t / 1 i ',.z„,,, \ ( -4,,,,,t; f �V+ R i / 3 1 i'. - City of Niagara Falls - 2015 N SCHEDULE "B" to an Agreement dated the 27" day of October. A.D.. 2015 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical/first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park. Walkway and/or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Acting Director of Recreation & Culture or his/her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Street. Park, Walkway and/or Trail. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface. medians. bridges in tunnels. on overpasses. or around other structure or locations that could pose a danger. 8. The Volunteers shall wear clothing that will not impair vision or movement during clean up. 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog. rain, drizzle. high wind. electrical storms, etc.) 12. l he Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his/her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt-A-Program clean up day unless it is renewed. S Park in the Cit Adopt A-Programs Agreements 201 5.NF Lions Club Adopt-A-Program Agreement-Niagara Falls Lions Club spd CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of a Lease Amending Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the use of a parking lot located at Kitchener Street and Victoria Avenue. WHEREAS Council approved By-law 2015-22, executing an extension of the lease related to the parking lot located at Kitchener Street and Victoria Avenue; and WHEREAS the amending lease adds, more or less, 0.222 acres of land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A Lease Amending Agreement dated October 1, 2015, and made between Her Majesty The Queen In Right Of Ontario as represented by the Minister of Transportation for the Province Of Ontario, as Landlord, and the Corporation of the City of Niagara Falls, as Tenant, respecting the use of a parking lot located at Kitchener Street and Victoria Avenue, Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Extension and Amending Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Extension and Amending Agreement. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015. Second Reading: October 27, 2015. Third Reading: October 27, 2015. Rental Unit: A75050 A75023 A73268 Land ID: P61648 P61334 P61335 Lease ID: M74076 Property Code: N60805 File ID: T-08930 Region: LAND LEASE AMENDING AGREEMENT THIS AGREEMENT made in sextuplicate as of September 2.2015. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO (the"Landlord") OF THE FIRST PART -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS (the"Tenant") OF THE SECOND PART WHEREAS: By Order-in-Council No. 1487/2005.approved and ordered September 21.2005.all of the powers and duties of the Chair of the Management Board of Cabinet(the"Chair")relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act,R.S.O. 1990,c.M.25,as amended,were transferred and assigned to the Minister of Public Infrastructure Renewal(the'`MPIR"). By Order-in-Council No. 1617/2008, approved and ordered September 17, 2008, all the powers and duties of MPER relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended. were transferred and assigned to the Minister of Energy and Infrastructure(-MEI"). By Order-in-Council No. 1320/2010, approved and ordered September 15, 2010, all the powers and duties of MEI relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act. R.S.O. 1990, c.M.25, as amended, are transferred and assigned to the Minister of Infrastructure("MOI"). Ontario Infrastructure and Lands Corporation ("OILC") has been delegated MOT's authorities and responsibilities with respect to real property in the name of MOI subject to certain conditions by Delegation of Authority of Ontario Infrastructure and Lands Corporation under the Ministry of Infrastructure Act.2011 dated June 6,2011. By Order-in-Council No. 1376/2011. approved and ordered July 19, 2011, MOI shall exercise the powers and duties assigned by law to MOI or that may otherwise be assigned to or undertaken by MOI in respect of infrastructure and any other matters related to MOI's portfolio. By Order-in-Council No. 219/2015. approved and ordered February 18. 2015. all the powers and duties of MOI under Order-in-Council No. 1376/2011 relating to infrastructure and real property matters of the Government of Ontario are assigned and transferred to the Minister of Economic Development. Employment and Infrastructure. Nr4076 Lease:Amending \greemcnt -7 - A. By a lease dated May 10, 2005 (the "Original Lease"), the Landlord Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet and Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario leased to the Tenant the premises known as all of Lots 498 to 502, Part of lots 506 to 513, Registered Plan 746,now known as Plan 9,City of Niagara Falls and all of Lot 496 and Part of Lot 495, Registered Plan 34, now known as Plan 297, City of Niagara Falls, in the Province of Ontario,comprising an area of 1.44 acres more or less having the legal description as set out in Schedule "A"and as outlined on the plan attached to the Original Lease as Schedule"B"thereto(the"Lands")for a term of Five(5)years. commencing on July 1,2004 and expiring on June 30,2009(the"Original Term"), in addition to other terms and conditions as set out therein. B. Pursuant to the terms of the Original Lease, the Tenant was entitled to extend the Original Term for one(1)additional term of five(5)years each. C. The Tenant exercised its first right to extend the Original Term by a Lease Extension Agreement dated January 23. 2008 (the "First Lease Extension Agreement")with an extension term commencing on July 1,2009 and expiring on June 30.2014(the"First Extension Term"). D. The Landlord and the Tenant agreed to extend the Original Term in accordance with the terms of the Original Lease, as amended and extended, by a Lease Extension and Amending Agreement dated January 7,2015 with an extension term commencing on July 1,2014 and expiring on June 30,2019(the"Second Extension Term"). E. The Landlord and the Tenant have agreed to amend the Original Lease as hereinafter provided. F. The Original Lease,as previously amended and extended,and as amended herein, is hereinafter collectively referred to as the"Lease", except as specifically set out herein. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises hereinafter set forth and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto,the parties hereto agree as follows: 1. CONFIRMATION OF RECITALS The parties hereto confirm that the foregoing recitals are true in substance and in fact. 2. AMENDMENT OF LEASE The amendment(s)contemplated in this Lease Amending Agreement is subject to all the covenants and conditions contained in the Original Lease,as amended, renewed and extended from time to time,save and except that: (a) Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development,Employment and Infrastructure("MEDEI")and Her Majesty the Queen. in Right of the Province of Ontario,Represented by the Minister of Transportation for the Province of Ontario("MTO")have agreed that MEDEI will no longer be named as Landlord or execute legal agreements. The name MEDEI will be removed from this Lease effective February 25,2015. (b) The Landlord and the Tenant to add an additional 0.222 acres more or less to the[.ease effective October I,2015. (c) Schedule "A" of the Original Lease is hereby deleted effective October 1, 2015 and replaced with Schedule"A"Updated as attached hereto. \174(176 Lease Amending,Agreement -3 - 3. GENERAL (a) The Landlord and the Tenant hereby mutually covenant and agree that they shall continue to perform and observe all of the covenants,provisos and obligations on their respective parts to be performed pursuant to the terms of the Lease. (b) This Lease Amending Agreement is subject to the condition that,within sixty(60)days from the date of the Landlord's receipt of this executed Lease Amending Agreement by the Tenant, the Landlord shall have obtained all required approvals and signatures by its Senior Management or.where applicable,its Board of Directors. 'Ibis condition has been inserted for the sole benefit of the Landlord and may be waived by the Landlord at its sole discretion, or by its solicitors on its behalf. The condition shall be waived or fulfilled within the time limit, if any,as set out herein. If the condition is not fulfilled within the applicable time period and the Landlord fails to notify the Tenant or the Tenant's solicitors that the condition has been waived or fulfilled within the applicable time period, this Lease Amending Agreement shall be null and void, notwithstanding any intermediate acts or negotiations, and, neither the Landlord nor the Tenant shall be liable to the other for any loss,costs or damages. The execution of this Lease Amending Agreement by the Landlord waives the above condition. (c) The Lease shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. subject to the express restrictions contained therein. (d) Capitalized expressions used herein, unless separately defined herein, have the same meaning as defined in the Original Lease,as amended and extended. (e) The provisions of this Lease Amending Agreement shall be interpreted and governed by the laws of the Province of Ontario. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK m7-1U76 Lease Amending.Agreement • -4- (t) The Tenant acknowledges and agrees that the commercial and financial information in this Lease Amending Agreement is subject to the Freedom of Information and Protection of Privacy Act. R.S.O. 1990,c.F.31,as amended. EXECUTED by each of the parties hereto under seal on the date written below. SIGNED,SEALED AND Dated this day of .2015. DELIVERED HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO Per: PETER VEROK Regional Director Authorized Signing Officer Dated this day of .2015. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Jim Diodati Title: Mayor Per: Name: Dean Iorfida Title: City. Clerk Authorized Signing Officers) I/We have authority to bind the Corporation. \I-III I Lease:Amendine-Ae eement -5 - IDSCHEDULELease "A" UPDATED : M74076 File ID: T-08930 (T-05870&T.-06476 merged into T-08930) Rental Unit ID: A75050, A75023, A73268 Lots 498 to 502, Part of Lots 506 to 513, Registered Plan 746, now known as Plan 9, City of Niagara Falls and all of Lot 496 and Part of Lot 495, Registered Plan 34, now known as Plan 297, City of Niagara Falls, in the Province of Ontario, comprising an area of 1.662 acres more or less as shown shaded in red on the map below. - + !bµ ,• lt p'/4 I 331:,;73 ,-,-, `. ,ate.' - F� • 'l ® 1 iot 3 ' ,- j I 3. ` t` r;• � _ ' I i 9 1 1 I.1 1 +I! _ . i = i i* ' . ' •L.-. I 111 ,IiS t•j. � ( k ' B ,--z''-6 •1 ' a 1 I 1 lc # , 1 I i I, 147: ,I•) ' r 1 I r -' 4 11 I It I > r ', F i .r k lei I r �� r� �I z',* ' , , . r. ,k 1 I � 1( S3, `� 8 ,i ,iI Irl ,Il • : IV c moi rrra 1� 1. l -r' • ` VI-40-6 Lease Amending Agreement CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to appoint Councillor Vince Kerrio as Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by-law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; and WHEREAS the office of Mayor of the City of Niagara Falls will be vacant as a result of James M. Diodati being absent from the City from November 6, 2015 to and including November 13, 2015; and WHEREAS the said Council deems it desirable to appoint an Acting Mayor until the return of James M. Diodati. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Councillor Vince Kerrio is hereby appointed Acting Mayor from November 6, 2015 to and including November 13, 2015. 2. At the conclusion of the period described in paragraph 1, James M. Diodati shall resume his appointment as Mayor, together with all powers and duties associated with that office. 3. The by-law becomes repealed on November 14, 2015. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015. Second Reading: October 27, 2015. Third Reading: October 27, 2015. CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the payment of$28,854,826.70 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 of from September 10, 2015 to October 7, 2015. Passed this twenty-seventh day of October, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of October, 2015. 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 27th day of October, 2015 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 twenty-seventh day of October 27, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 27, 2015 Second Reading: October 27, 2015 Third Reading: October 27, 2015 • EL! " I11i1 t " Jr CITY OF�I � .CANADA N14GARA fAli._ The City of Niagara Falls, Ontario Resolution 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 THEREFORE BE IT RESOLVED THAT on October 27, 2015 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider two matters that fall under the subject matter of 239(c)a proposed disposition of land and 239(f), advice that is subject to solicitor-client, related to City-owned lands abutting 4603 Lyon's Parkway. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR