2015/11/24 NOVEMBER 24, 2015
4:00 In Camera Room # 1
5:00 Council Meeting Council Chambers
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WL ;II IT'11i2htft, Jr
CITY OF_! .CANA0A
N 1AGAR A FAQ_ _
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 November 24, 2015 at 4:00 p.m., Niagara Falls
Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m.
to consider a matter that falls under the subject matter of fall under 239(c), a proposed or
pending acquisition of land at 6085 Lundy's Lane/ 5925 Lowell Avenue and a matter that
falls under s. 239(f), advice that is subject to solicitor-client, and s. 239(2)(e), potential
litigation related to 6380 Fallsview Boulevard.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR
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COUNCIL
MEETING
Tuesday, November 24, 2015
Order of Business
and Agenda Package
Niagaraal1s
COUNCIL MEETING
November 24, 2015
0 Canada to be sung by Abby Etling
ADOPTION OF MINUTES: Council Minutes of November 10, 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.
* * * * *
FIRE MATTERS/ UNFINISHED BUSINESS 5:00 P.M.
Regional Councillor Bob Gale and Deputy Chief, NRPS, Joe Matthews will make a
presentation on current policing issues and emergency dispatch.
-AND-
1. FS-2015-12 — Fire Dispatch Services
2. FS-2015-11 - Open Air Burning — Supplementary 2
3. Memo re: Epinephrine Auto Injectors (Epi-Pens)
* * * * *
REPORTS
1. R&C-2015-16 — Outdoor Pool Audit
2. CD-2015-10 — 2016 Council Schedule
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-2015-44 — Monthly Tax Receivables Report - October
F-2015-45 — Treasurer's Write Off Report
F-2015-46 — Municipal Accounts
F-2015-38 — 2013 Development Charges
HR-2015-02 — Council/Non-Union Salary Increase
PBD-2015-54 — Commercial Building Improvement Grant
R&C-2015-15 — Chippawa Willoughby Memorial Arena Capital Plan
TS-2015-30 — Supply of 40' Conventional Buses
TS-2015-31 — Canadian Corps of Commissionaires Contract Renewal
* * * * *
DEPUTATIONS/ PRESENTATIONS 6:30 P.M.
Niagara Falls Public Library
Barbara Ness, Board Chair, will be making a presentation on the Library's
Strategic Plan.
* * * * *
MAYOR'S REPORTS, ANNOUNCEMENTS
2
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Downtown B.I.A. — requesting use of City boulevard trees for decorative
lighting for the holiday season.
RECOMMENDATION: For the Consideration of Council.
2. Regional Municipality of Niagara — requesting that input on 2016 tax policy.
RECOMMENDATION: That Council support the proposed 2016 Regional tax
policy.
3. Creative City Network of Ontario — submission related to the Ontario Culture
Strategy.
RECOMMENDATION: For the Information of Council.
Additional items for Council's Consideration:
The City Clerk will advise of any items for council consideration.
* * * * *
RATIFICATION OF "IN CAMERA" MATTERS
• * * * *
RESOLUTIONS
THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2016
Niagara Icewine Festival as an event of municipal significance and supports the provision
of a Special Occasion Liquor Licence (SOP) for the event.
* * * * *
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-law listed for Council consideration.
2015-139 A by-law to amend By-law No. 79-200, to permit a vineyard on the Lands
that is accessory to a winery located on other lands zoned 1-983
(AM-2015-009).
3
2015-140 A by-law to adopt a Niagara Gateway Economic Zone Community
Improvement Plan for Niagara Falls and to repeal By-law 2013-115.
2015-141 A by-law to authorize the execution of a License Agreement with Ontario
Power Generation Inc., respecting the use of a portion of its land for a
recreational trail.
2015-142 A by-law to amend By-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads.( Stop Signs at Intersections,
Yield Signs at Intersections, Parking Prohibited)
2015-143 A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2015-144 A by-law to authorize the payment of$31,014,865.17 for General Purposes
2015-145 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 24th day of November, 2015.
* * * * *
NEW BUSINESS
4
FS-2015-12
Niagarapalls
November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Fire Department
SUBJECT: FS-2015-12
Fire Dispatch Services
RECOMMENDATION
That staff report back to Council on emergency dispatch and radio once a full evaluation
has been conducted; and that if the Region strikes a steering committee on the matter
that Niagara Falls be represented by the Fire Chief and a City Council member.
EXECUTIVE SUMMARY
The Niagara Falls Fire Department (NFFD) has dispatched for emergency response in
Niagara Falls since the department's inception. Over those years, Niagara Falls has
dispatched for other communities as their primary dispatch service and also as backup
in the event their primary dispatch was disabled.
We currently operate a digital, P25 modeled radio system and dispatch centre that
includes many desirable features. Niagara Falls acquired the system in 2010 and was
the first in the province to have simultaneous dispatch for medical calls with Niagara
Emergency Medical Services (NEMS), allowing fire resources to get to medical
emergencies faster. This system can also identify individual radio users and can assist
in reducing response times to firefighters in need of assistance.
We continuously look for ways to increase efficiency through our dispatch and radio
system. To this end, we have met with our partners, including the Niagara Regional
Police Services during the planning stages of their radio system, in order that their new
system would be capable of accommodating partners on their infrastructure. We are
continuing to look at this option as the system is built and commissioned. Our
Communications staff will be participating in the field testing of that system in 2016 to
determine if it meets the needs of Niagara Falls Fire Department radio operations.
The Niagara Falls Fire Chief has also participated on the committee reviewing the IBI
report. The committee's position was that there was no critical deficiency mandating
immediate action to fully integrate dispatch functions. Until such time that both Regional
emergency agencies can participate in fully integrated dispatch options, we will monitor
our possible partnerships and act accordingly. The committee's final report that went to
Regional Council recommended that Niagara dispatch partners meet more frequently to
discuss future options and take advantage of efficiencies when possible.
2
FS-2015-12
November 24, 2015
Niagara Falls is committed to the continual review of our radio situation and will provide
additional updates once all pertinent information is gathered. Given the transitional
nature of the technology involved in emergency communications, it is difficult at this
time to commit to a model into the future.
BACKGROUND
When a 9-1-1 call is made, the call is received by 9-1-1 call takers. This is referred to
as the Primary Public Service Answering Point (PPSAP). It is a function of the Region
and it is contracted to the NRPS. The call taker asks pertinent questions and transfers
the call to the appropriate Secondary Public Service Answering Point (SPSAP). There
are five emergency services dispatch centres in Niagara operating as SPSAPs and they
are NRPS, Niagara Parks Police, NEMS, St. Catharines Fire and Emergency
Management Services (SCFEMS) and the NFFD. The only two that operate from the
same building are the 9-1-1 call takers and NRPS dispatch. All others are physically
separate operations and locations.
Each agency replaces or upgrades their dispatch equipment when the equipment
becomes inoperable or inefficient. End of life support from equipment manufacturers
also presents cause to reinvest in radio systems. Motorola equipment within the
Niagara Falls dispatch centre has been identified as having end of life components; this
means Motorola will no longer provide support service to those components, leaving our
emergency radio system vulnerable.
ANALYSIS/RATIONALE
The IBI report referenced three types of amalgamation; technology integration, physical
co-location and fully integrated models. The Niagara Regional Police are in the process
of installing a new, upgraded system that will be operated from their new headquarters
facility in Niagara Falls. They have built in the capacity for accommodating other
emergency services on their infrastructure. This is a form of technological integration
and has been the focus and priority for fire services. It is a separate issue from dispatch
amalgamation. Physical co-location is also possible but whether or not NFFD
dispatches from Fire Station 1 or from the new NRPS Headquarters on Valley Way,
there are negligible cost reductions and questionable benefits. The IBI report indicated
that there could be cost savings in a fully integrated model in the order of one million
dollars per year, primarily through reduction of staffing in order to create a single multi-
agency dispatcher, capable of dispatching all three agencies. The operational part of
the committee, made up of the NFFD Fire Chief, SCFEMS Fire Chief, NRPS Deputy
Chief and NEMS Chief did not support a fully integrated dispatch model at this time.
None of the emergency response agency leaders have been convinced that a fully
integrated dispatch solution is most beneficial for Niagara residents and visitors.
3
FS-2015-12
FINANCIAL/STAFFING/LEGAL IMPLICATIONS November 24, 2015
The major focus on emergency communications needs to be related to system
infrastructure in order to sustain communications within Niagara Falls. Future costs for
any changes to emergency communications or dispatching services impacting Niagara
Falls will be brought forward to Council once determined.
CITY'S STRATEGIC COMMITMENT
Ongoing efforts to review dispatch in Niagara are considered relative to efficiency and
level of service in Niagara Falls.
Recommended by:
Lee Smith, Fire Chief
Respectfully submitted: ilit}t4A-1
Ken Todd, Chief Administrative Officer
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AOts\ REGIONAL MUNICIPALITY OF NIAGARA
. ._ POLICE SERVICES BOARD
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September
uiSeptember 1, 2015
VIA EMAIL & REGULAR MAIL
Dean lorfida, City Clerk
City of Niagara Falls
4310 Queen Street, Box 1023
Niagara Falls, ON
L2E 6X5
Dear Mr. lorfida:
RE: Niagara Regional Police Service
Presentation on Current Policing Issues and Emergency Services Dispatch
I am writing on behalf of the Regional Municipality of Niagara Police Services Board to
request an opportunity for the Board Chair and the Niagara Regional Police Service
Command Officer to appear before the City of Niagara Falls Council at its Tuesday,
November 24, 2015 meeting.
The purpose of this delegation is two-fold. The first is to provide Niagara Falls Council
members with information on current policing issues within their municipality and the
second is to ask Niagara Falls Council for their support and endorsement of the following
motion:
"That the City of Niagara Falls Council endorses the long-term plan for the
merging of Police, Fire and Emergency Medical Services (EMS) dispatch
given the opportunity of improving the efficiency of delivering public safety
and health services and given the potential for realizing the cost savings
for the citizens of Niagara Region."
I would ask that you take the appropriate action to place this information on the Agenda
for the Niagara Falls Council meeting scheduled for November 24, 2015. In the
meantime, should there be any questions or concerns, please don't hesitate to contact
me.
Your assistance in this matter is greatly appreciated.
Sincerely,
e
Deb Morton
Executive Director
c. Board Chair and Members, Niagara Police Services Board
Chief of Police J. McGuire, Niagara Regional Police Service
Deputy Chief of Police B. MacCulloch, Niagara Regional Police Service
Deputy Chief of Police J. Matthews, Niagara Regional Police Service
CSD 07-2014
January 29, 2014
Niagara �`f Region
REPORT TO: Corporate Services Committee
SUBJECT: Public Safety Dispatch Review
RECOMMENDATION
That a formalized cooperation model for Niagara addressing public safety dispatch BE
ENDORSED where the leads of emergency dispatch operations of St. Catharines Fire,
Niagara Falls Fire, EMS Niagara Region and Niagara Regional Police formalize a
working team with the mandate to:
• meet on a regular basis
• through best practice management, identify joint opportunities for improved
service, cost savings/avoidance for their respective operations
• develop plans and set into action
• report to their respective Board/Council on progress through their respective
leads.
PURPOSE
To respond to Council's request regarding the Public Safety Dispatch Review and to
identify opportunities for partnerships and/or mutual assistance to reduce costs and
improve services for Niagara.
BUSINESS IMPLICATIONS
Any results achieved from joint collaboration efforts between the various dispatch services
towards increasing efficiencies and improving public safety would be reported to the Public
Health and Social Services Committee and Council by the EMS Chief and the Medical
Officer of Health/Commissioner Public Health and reflected in future budgets of the
respective entities.
REPORT
Executive Summary
The IBI report provides estimated potential savings (in Niagara) in the order of 10 to 15
percent or about $1.25M per year based on their recommendation for an fully operational
1
CSD 07-2014
January 29, 2014
integrated dispatch system as the optimal model for Niagara. After much discussion and
consideration of the IBI report, the project steering committee for the dispatch review is of
the opinion that these potential future savings would likely be offset by significant
implementation costs and challenges.
Outstanding implementation issues include:
• cost (both capital and operating)
• timelines
• no contracting out collective agreement language as awarded by an arbitrator
• jurisdictional issues
• governance — as agreement would be required by the independent Councils and
Board
• more proven Canadian examples of successful consolidation, etc.
Therefore, the steering committee believes that the best approach is to take advantage of
opportunities as they arise for incremental and continuous improvement to increase
efficiencies and improve public safety rather than moving towards full integration. To this
end, the steering committee is supportive of establishing a formalized cooperation model to
meet, plan, act, and report upon progress. The steering committee has identified some
initial opportunities that are listed later in this report.
Background
On February 10, 2011, Niagara Region Council approved the following recommendation:
"That Council direct the Emergency Medical Services, Regional Municipality of Niagara
Police Services Board and the remaining dispatch centers in Niagara to establish a
working group to report back on ways to merge, amalgamate or streamline their activities
to better and more cost effectively deliver emergency dispatch services for Niagara citizens
and taxpayers."
On April 28, 2011, the Niagara Police Services Board passed the following motion:
"That the Board support the participation of the Niagara Regional Police Service in a
Regional Working Group to address the delivery of emergency dispatch services for the
Region of Niagara."
A project steering committee consisting of the Commissioner of Corporate Services
Niagara Region, Fire Chief of St. Catharines, Fire Chief of Niagara Falls, Chief of Niagara
EMS, Deputy Chief of NRPS, Director ICT NRPS and Director IT Solutions Niagara Region
has met regularly to oversee the project.
On November 3, 2011 a Request for Proposal (RFP) was issued for a professional
consultant with experience in emergency dispatch operations to undertake a study with the
following scope of work.
• To assess emergency communications services in Niagara against peer agency
operations, specifically 911 call-taking, and emergency dispatch services for
police, Fire and EMS.
2
CSD 07-2014
January 29, 2014
• To assess a full range of alternative North American public safety dispatch
models from physical co-location, to partial consolidation, to complete integration,
including their comparability/compatibility to Niagara;
• To investigate the potential establishment of a joint backup centre for emergency
communications services in Niagara (to be used during major disruption of
services at one or more of the primary sites)
• To recommend an optimal delivery model and a going-forward implementation
strategy.
The IBI Group from Toronto was awarded the contract and performed the work throughout
2012 at a cost of$177,876.48.
IBI Report
IBI worked with the steering committee and submitted their final report on November 30,
2012. The executive summary is attached as Appendix A to this report.
IBI's work included stakeholder consultations, review of existing emergency
communications services in Niagara, peer agency comparisons, review of backup dispatch
center capabilities and visits and study of existing alternative public safety dispatch models
in Ottawa, York Region, Toronto, Peel Region, Vancouver, Halifax, Denver (Colorado),
Portland (Oregon) and Fairfax County (Virginia).
IBI Group assessed four options for Niagara;
• Status quo
• Integration of technology
• Physical co-location
• Integration of operations
IBI's recommendation (outlined in Appendix A on page xii) is an operationally integrated
dispatch system as the optimal long-term model for Niagara. This model envisions that
the communications functions of the four agencies would be consolidated into a single
service having responsibility to provide `public safety communications' services to
Niagara. The consolidated service would operate out of one communications center,
under a single governance structure and mandate, with one communicator complement,
where some (or all) would be cross-trained in multiple dispatch functions. The
consolidated service would operate as one program, with one set of procedures, one set
of support resources and a single backup solution. The consolidated service would be
supported by one radio system, one telephone system and one or more Computer Aided
Dispatch systems (CAD). Agencies may continue to operate with separate Records
Management Systems (RMS).
3
CSD 07-2014
January 29, 2014
These options were assessed against a recommended set of 10 criteria for a
contemporary emergency dispatch operation that would result in an optimal dispatch
delivery model for Niagara.
Assessment S,,mmary
-
— —
- —
Alternative Options
t 2 s 4
Assess neat Cnteria Status Quo tntegratror,of Physical integration of
Technology Co'otation Operations
1. Quality in the Delivery of Cie Crdc.al Business (�
Functions
`1 4 3 •
2 Enabled by s Conducive Working En»ronment. •
Business Supports and Technological Systems
3 Corrmunii:atons Function is Adequately f1 /` •
Resourced and Staffed �j 1
4. Interoperability of Communications Within and •
Across Agencies
5. Backup Solution that will Provide Unmtarrupted •
S srvl ces
6 Cost-Efficient ,n the Delivery of the Services a a a •
7. Operations are Performance-Based. Accountable (r •
and Transparent lJ
6. Operational Fursdrng as Adequate and Susta'nabte c I 3 •
9. Governance Structure that Supports Expedient & 0
/1 f •
Cost-Efficient Delivery of the Services U L,J
10. Progressive i Forward looking in its Operations 1 1 •
4 Does Not >^ __ _.. 4 _�_ Fully
I Meet Cntorion t-/ ',.....1 Wets Criterion !
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Public Safety Dispatch Steering Committee
Over 2013, the steering committee reviewed the consultant's report and is of the opinion
that:
• Existing dispatch operations are working well today; this is confirmed by the IBI
report in several sections:
o Each agency is vigilant in the activities necessary to ensure operational
continuity on a daily basis... each has a documented set of protocols...
that will ensure reliable emergency communications services (page 61)
o To minimize disruption to critical systems each agency has implemented
built-in system redundancies....and other back up supports (page 67)
4
CSD 07-2014
January 29, 2014
o Each agency, in their own way, endeavors to be progressive / forward
looking within their respective areas, within the realities defined by
existing operating authorities (mandates), labour agreements and
available operating budgets (page 73).
• Offsetting the potential savings of the IBI recommended model for Niagara will be
investment of operating and capital cost (which is unknown), approval by local
Councils and Police Services Board and Niagara Region, negotiating collective
agreement language that is subject to arbitration and staff/consultant resources.
Prior joint efforts between the various dispatch services include:
• EMS CAD to Fire CAD link for simultaneous notification: an initiative the rest of
the province is only now implementing
• SEND card with NRP: training provided to all communications personnel (police
and EMS) to improve communications for resource requests
• Medical Assist Committee: a standing committee with EMS, fire and medical
director oversight (Dr. Munkley) to improve fire tiered response and the
communications for such between each agency
• Observation sessions for EMS and NRP communications officers for cross
orientation of counter agency
• Tiered Response committee
• St. Catharines Fire and NRP sharing radio towers and bringing mobile data
terminals/computers to fire trucks
• NRP and Fire sharing Public Safety 4.9 Ghz Wireless Broadband Point-To-Point
(PTP) Backhaul infrastructure
• 911 Advisory Committee
• Niagara Falls Fire and Niagara Parks Commission interoperability through tactical
channel programming of radios, in response to joint gorge rescue calls
• resolve of concerns between dispatch agencies through communication divisions.
A recent report to Niagara Falls City Council, October 23, 2013 (CAO-201306) provided
that "staff is satisfied with our current level of service. Our radio communication system
is the most current technology and call volumes are handled efficiently. The City will
review this matter further at such time as the call volumes require additional staffing or
communications infrastructure requires significant capital investment."
The recommendation by the steering committee that will be supported by the CAO's of
the City of St. Catharines and the City of Niagara Falls, recommended to Niagara Police
Services Board and recommended to Niagara Regional Council for endorsement is to
build on past joint efforts of the various services by formalizing a cooperation model for
Niagara that addresses public safety dispatch.
5
CSD 07-2014
January 29, 2014
Some of the opportunities to discuss through best practice management, for improved
service, cost savings/avoidance included:
• Call triaging software: EMS currently uses MPDS (Medical Priority Dispatch
System), NRP may consider PPDS (Police Priority Dispatch System) to improve
clear communications between the agencies
• 911 PPSAP (Primary Public Service Answering Point)
• EMS CAD to NRP CAD link
• Interoperability of voice radio systems
• Back-up communications center
REPORTS PERTINENT TO THIS MATTER
CSD 153-2011 — Corporate Services Committee—Sept. 28, 2011
CSD 50-2012 — Corporate Services Committee—April 4, 2012
Submitted by: Approved by:
sc-
�! 1
Mauri.- (M.) Lewis Harry Schlan
Cornissioner Corporate Services Chief Administrative Officer
This report was prepared by Debbie Elliott in Acting Commissioner Corporate Services role with review
and approval by the Dispatch Steering Committee.
APPENDICES
Appendix A - Executive Summary, Study of Emergency Dispatch Services, IBI Group
6
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Niagara : ,. `f Region
Niagara Region, Ontario, Canada
t _ V of Emergency Dispatch Cervi Services
�..' ' lJ v i ti 't_L.r
Report
November 30, 2012
IBI
GROUP
Study of Emergency Dispatch Services Niagara Region, Ontario,Canada
Executive Summary
At the request of Regional Council, the Regional Corporate Services Department established a
working group to investigate and report back on ways to merge, amalgamate or streamline
emergency dispatch services to better and more cost effectively deliver the services for Niagara
citizens and taxpayers.
In addition to the Regional Corporate Services Department the working group consists of the
following members, each of whom operates an emergency dispatch center: Niagara Regional
Police Service (NRPS), Niagara Emergency Medical Services (NEMS), City of Niagara Falls Fire
Department (NFFD) and City of St. Catharines Fire and Emergency Management Services (SCFS).
On November 3, 2011 the working group issued a Request-for-Proposals (RFP) for a professional
consultant with experience in emergency dispatch operations to undertake a study with the
following as the scope of work. 181 Group was the successful respondent to the RFP. Formal award
of the consulting assignment and approval to proceed was issued on February 22, 2012:
- To assess emergency communications services in Niagara against peer agency operations,
specifically: 911 call taking, and emergency dispatch services for Police, Fire and EMS.
• To investigate a full range of alternative North American public safety dispatch models from
physical co-location, to partial consolidation, to complete integration, including their
comparability I compatibility to Niagara.
• To investigate the potential establishment of a joint backup center for emergency
communications services in Niagara (to be used during a major disruption of services at one or
more of the primary sites).
• To recommend an optimal delivery model and a going-forward implementation strategy.
NRPS serves as primary PSAP for Niagara Region. It operates a fully integrated 9-1-1 I police
communications center, where the 9-1-1 function is carried out on an integrated basis with the
police dispatch system. The NRPS emergency communications operation is compared to those of 9
other police services, each of which serves as a primary PSAP and also operates a 9-1-1 I police
communications center that is fully integrated.
NFFD dispatches the City of Niagara Falls fire resources. SCFS not only dispatches the St.
Catharines fire resources; it also is contracted for dispatch services by ten (10) other municipal fire
services operating in Niagara and by Haldimand County. NFFD and SCFS dispatch operations are
compared to those of 17 other fire services: 4 that dispatch for self only, 8 that dispatch for self and
others, 2 that dispatch jointly with others and 3 that are dispatched by a police service.
NEMS operates the Niagara ambulance communications center (NACS), which is one of only two
centers in Ontario to be accredited as a Center of Excellence by the National Academies of
Emergency Dispatch (NAED). It operates with technology, protocols, call triage and a cost model
that differ from those mandated by the Ontario MOHLTC for use in the provincial network of Central
Ambulance Communications Centers (CACC). To ensure an apple-to-apple comparison to peers,
NAGS is compared to accredited Centers of Excellence located in other jurisdictions (or to
ambulance dispatch centers that are working toward their accreditation). Nine (9) such centers
serve as peer agency comparators to NACS.
The study also investigated 10 alternative North American public safety dispatch models ranging
from partial consolidation (integration of technology), to physical co-location, to complete integration
of operations. The primary attributes of each of these models are presented below.
181 Group- Report- November30, 2012 Page iii
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
Integration of Technology Alternative Public Safety Dispatch Models
Some or all agencies (9-1-1, police,
fire and EMS) operate with shared Functions
(common) CAD and radio systems,
and a common IT resource. They Integration of Technology
may also share telephone and Police and Are Communications,Ottawa,Ontario 9-1-1,P& F
AVLIGPS systems but would have Police and Rre Communications.York Region,Ontario 9-1-1,P&F
separate RMS.
Physical Co-Location
While their systems are integrated, Rre and EMS Communications,Toronto,Ontario F&EMS
the agencies continue to deliver their Policeard Are Communications,Peel Region,Ontario 9-1-1,P&F
respective dispatch services under Denver911, Denver,Colorado 9-1-1,P,F8 EMS
governance structures that are
autonomous, from their own facilities Integration of Operations
using their own staff, support Integrated Emergency Services,Halifax,Nova Scotia 9-1-1,P&F.
resources, programs, procedures and E-Comm,Vancouver,British Columbia 9-1-1,P&F
backup solutions. Public Safety Communications,Calgary,Alberta 9-1-1,P,F& EMS
Bureau of Emergency Communications,Portland,Oregon 9-1-1,P,FE. EMS
Physical Co-Location Public Safety Communications,Fairfax County,Virginia 9-1-1,P,F& EMS
Some or all agencies are housed in
the same building and may even be co-located in the same communications center. However,
each agency continues to operate under its own (autonomous) governance structure and mandate,
with their respective staff, support resources, programs, procedures and backup solutions. The
agencies will typically operate with separate CADs, AVLIGPS and RMS systems. They may share
IT supports, as well as common radio and telephone systems.
Integration of Operations
Some or all agencies are consolidated into a single dispatch service (i.e., one employer). The
consolidated service operates out of one communications center, under a single governance
structure and mandate, with one communicator complement. Some or all of the communicators are
cross-trained in multiple dispatch functions. There is one set of support resources including a
single IT resource complement, programs, procedures and backup solutions. The consolidated
service operates with one radio system, one telephone system, one or more CADs and one
AVL/GPS system. Agencies may continue to operate with separate RMS systems.
Recommended Attributes for a Contemporary Emergency Dispatch Operation
Drawing from the information assembled on the above models, IBI Group offers the following as a
recommended set of attributes for a contemporary emergency dispatch operation. In our opinion an
optimal dispatch delivery model for Niagara should possess these attributes.
1. Quality in the Delivery of the Critical Business Functions
2. Enabled by a Conducive Working Environment, Business Supports and Technological Systems
3. Communications Function is Adequately Resourced and Staffed
4. Interoperability of Communications Within and Across Agencies
5. Backup Solution that will Provide Uninterrupted Services
6. Cost-Efficient in the Delivery of the Services
7. Operations are Performance-Based, Accountable and Transparent
8. Operational Funding is Adequate and Sustainable
9. Governance Structure that Supports Expedient& Cost-Efficient Delivery of the Services
10. Progressive I Forward Looking in its Operations
18 Group- Report- November30. 2012 Pageiv
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
Findings
Existing Emergency Communications Services Model
NRPS, NEMS, NFFD and SCFS deliver emergency dispatch services under separate
(autonomous) governance structures and mandates, from four independently located emergency
dispatch facilities, to service areas that vary in size and geographic coverage defined by
jurisdictional/contractual authority.
They operate using their own staff resources, training programs and standard operating procedures
that are uniquely designed to attain and support their respective (individual) emergency responder
activities. Their operations are supported by individual systems and backup solutions (CAD, RMS,
radio, telephone)that vary in age, technological capability and inter-agency interoperability.
This emergency communications services model, involving separately operated police, fire and
EMS communications centers, is similar to that employed by many jurisdictions. Nonetheless,
responsibility for coverage areas that vary according to jurisdiction translates to emergency dispatch
services that generally operate independently with relatively little inter-agency activity, and it
occasionally impedes a coordinated regional response to emergencies.
To the credit of the Client group, they periodically consult one-another on matters of common
interest and their participation on this study demonstrates a willingness to work together. This
notwithstanding, for the most part the agencies make independent decisions with little regard to
potential opportunities (operational, financial or otherwise) that may be afforded by a singular
direction 1 joint region-wide initiative.
For example, while most of the client agencies are advancing to a P25 radio communications
platform (which in itself may enhance inter-agency interoperability) and in the process they
periodically consult one-another, little consideration is being given to the opportunities that might be
afforded via the establishment of a single area-wide radio network for the entire Region.
To the contrary, efforts to rationalize individual radio infrastructures (including consoles, towers.
MDTs et all) within their respective jurisdictions are continuing. In this, SCFS' effort on behalf of 11
locally-based fire services is of particular note — and it begs the following question: why is this
initiative not being led regionally, to establish a single area-wide, fully interoperable radio network.
To ascertain the potential benefits that may be realized from a single area-wide radio network one
needs only to look at the lessons learned by one or two jurisdictions that have successfully
implemented such networks, including E-Comm in Vancouver and Fairfax County Virginia (both of
which are discussed in this report).
Peer Agency Comparisons
NRPS, NEMS, NFFD and SCFS are presently delivering the critical business functions associated
with their respective emergency communications obligations. With the exception of a few areas
where improvement would be desirable (the main ones being those identified below) the agencies
operate in a manner consistent and comparable to their peers in terms of organization, staffing,
operating protocols, use of technology, workload, response time and operating costs.
Communicator workloads at NRPS, NACS and NFFD are consistent with those of their respective
peers; whereas, at SCFS the workload per communicator is almost 50 percent higher than that of
its peers. This statistic strongly suggests that SCFS requires additional communications personnel.
At NFFD and NEMS, span of control (defined as the ratio of communicators to supervisors) is
consistent with that of their respective peers. In comparison, at NRPS and SCFS the values are 3
Bl Group- Report- November30, 2012 Page 5
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
to 4 times higher, suggesting that these agencies require additional communications supervisors.
The situation at SCFS is particularly problematic as the Divisional Chief of Communications
currently serves as Divisional Chief, Manager and Supervisor, and is solely responsible for the
administration of the emergency communications operations including oversight, quality assurance,
procurement, contracting and funding. While SCFS clientele describe the management at SCFS as
being generally responsive, they also make particular mention of the need to address the situation.
On a per capita basis the operating costs at NRPS, NAGS and SCFS are generally consistent with
those of their respective peers: whereas, at NFFD the per capita operating cost is almost 60%
higher than that of its peers. In this, it is noted that at NFFD a relatively large number of fire fighters
serve as relief communicators. Fire fighter salaries are administered from a separate cost account.
If their salaries were included in the calculations then the per capita cost would be even higher.
For SCFS, another parameter to consider is the 'cost per call', which in the case of SCFS is about
25% below the median value among its peers. This comparatively low figure is attributed to the
modest amount that SCFS charges its clientele. In order to sustain the dispatch operation at the
current service level or to increase service quality (by way of additional communicators, supervisors
and technical support) SCFS should consider developing a new fee structure.
Partial Consolidation (Integration of Technology)
NRPS, NAGS and NFFD operate with contemporary windows-based CAD systems that include GIS
interface and capability for mobile asset tracking by way of GPSIAVL. These agencies are not
planning a major systems upgrade in the near term.
The CAD used by SCFS is designed on a relatively outdated DOS platform, which the manufacturer
continues to support and periodically update. SCFS is planning a wholesale upgrade of their CAD
to a windows-based system within 16 months. The timing as such presents an opportunity to
migrate to a shared CAD arrangement with one of the other agencies, e.g.with NFFD or NRPS.
Ottawa is an example of a jurisdiction where police and fire successfully share a CAD as well as a
common radio system. Another successful example is York Region, where radio and CAD are
shared by the Regional police service and the Vaughan and Richmond Hill fire departments —with
Markham fire department also planning to participate. While their systems are integrated, the police
and fire departments of these municipalities continue to deliver their respective dispatch services
independently from their own facilities and with their own staffs.
The potential advantages associated with such arrangements include:
- Share the costs of the technology I less cost than if participants purchase stand alone CADs
- Share IT support services
• Less data duplication 1 access to common data e.g., mapping and street addresses
- Ease of information flow from one agency to another, complimenting responder safety and
facilitating the work of communicators through system enhancements (drop downs, etc.)
• Supports automatic/mutual aid and interoperability
• Ease of information exchange via CAD messaging between terminals
- Supports integration of infrastructure, equipment, support and maintenance needs.
• Involvement of like minded agencies strengthens resolve and supports periodic investment in
upgrades 1 supporting technologies (MOTs, GPSIAVL).
In addition, the above advantages may be achieved while avoiding potential labour challenges
associated with the physical co-location and operational integration options.
While the timing as such may preclude the agencies other than SCFS from proactively investigating
this option in the near term (other than as potential partner with SCFS), they may well wish to
Bi Group- Report- November30, 2012 Page 6
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
consider this option at a later date when their respective technological systems require upgrading.
In this NEMS, which operates under the authority of MOHLTC, would also require Ministry approval
for any proposed changes.
Physical Co-Location
NFFD and NEMS operate from relatively new emergency communications facilities that are of a
size, design and layout to comfortably serve the needs of their respective operations. These
agencies are not planning major facility changes in the near term.
This is not the case at NRPS or SCFD. Their communications center needs have outgrown the
space available. NRPS' facility also is noisy and the lighting is not conducive to the operations.
NRPS is planning to construct a new headquarters building with a 2015 move in date. A new 9-1-1
police communications center is an element of that project. A new SCFS fire station is scheduled for
construction in 2013. The present plan is to incorporate a new SCFS dispatch center in this facility.
The planned relocation of two communications facilities (by NRPS and SCFS) within a somewhat
similar timeframe begs the following question: why are these two agencies not considering the
possibility of physically co-locating their two emergency communications operations in one building
i.e., as in the case of Peel Region where police and fire communications operate independently in
the same building, or in the case of Toronto where fire and EMS deliver separate dispatch
operations from a shared HQ facility.
Depending on the availability of space, the building could also be designed to house a backup
dispatch for one or both of the other agencies (NEMS and NFFD)-and potentially one of the other
agencies may establish a reciprocal arrangement for NRPS and SCFS. Toronto is one example of a
jurisdiction having this type of reciprocal arrangement. In Toronto, the police communications
center houses backup dispatch facilities for fire and EMS; and the HQ facility for Fire and EMS
houses a backup dispatch for the police service. Other examples of reciprocal arrangements
include Vaughan and Richmond Hill Fire Departments which serve as backup for one-another;
similarly, in Vancouver, where E-Comm and the BC Ambulance Service house backup facilities for
one-another.
In this, another factor to consider is the Ontario Building Code (OBC) requirement that new
emergency communications facilities be constructed to 'post disaster' standards (i.e., to standards
that are more stringent than those applied to conventional facilities vis-a-vis such items as wind
load, snow load, earthquake load, etc). By consolidating the two operations in a single building, the
total cost to achieve the more stringent standards may be less than if the agencies build separate
facilities.
Another option that has been mentioned is to have NRPS or SCFS (or both) co-locate with NAGS in
the Foster Wheeler building where space may be made available for this purpose. One of the
potential advantages afforded by this option is that this facility is already supported by an
emergency communications infrastructure which includes 9-1-1, radio and telephone systems. This
notwithstanding, we are advised that the building may not be fully compliant with post disaster
standards and as such this option may serve only as an interim alternative (albeit it does not
preclude a later decision by some or all of the agencies to move to a more integrated operation).
While the timing as such may preclude the four agencies from co-locating in one facility in the near
term, they may well wish to consider this option at a later date.
Listed below are the potential advantages associated with a co-location arrangement:
• Capital savings for the participating agencies —in terms of facility infrastructure
181 Group- Report- November30, 2012 Page vii
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
- Lower rent - depending on the choice of location
- Savings derived by sharing supporting emergency communications infrastructure (9-1-1 lines,
radio towers, telephone systems et al)
• Opportunity to identify and jointly address dispatch issues that agencies have in common
- Opportunity to consolidate data sources (mapping)
• Opportunity to improve inter-agency coordination of operations
• Opportunity to share support functions and resources
• Additional financial savings that may be derived by taking advantage of the above opportunities
Potential advantages notwithstanding, it is important to note that physical co-location does not
immediately translate to improved operations or enhanced service quality. For example, in both
Peel and Toronto (where emergency dispatch services are physically co-located) they continue to
operate as though they were situated in separately located facilities, with separate governance
structures and mandates, using their respective staffs, training programs and operating protocols to
attain / support their individual emergency responder activities (i.e., the Peel and Toronto agencies
do not take advantage of the co-location arrangement to pursue the above opportunities).
In this respect, the situation in Denver is slightly better since the agencies not only cohabitate in the
same building but are co-located in the same communications center, interacting frequently and
therefore are more inclined to jointly pursue issues and opportunities of common interest.
As demonstrated by the research contained in the body of this report, the following factors will
increase the likelihood that a physical co-location arrangement will contribute to improved
operations or enhanced service quality:
• If mandate by a higher authority
• If the leadership promotes /serves as an example to a change in culture
- If it includes the integration of some of the technology (as in Denver where the agencies share
a common CAD)
- If it includes the integration of operations (as per the JFCC in Peel where the communicators
are cross-trained to perform multiple dispatch services).
This option may potentially be challenged by labour; however, as demonstrated by services that
operate on an integrated basis (Peel JFCC, Halifax IES et al), where there is a collective desire to
do so such challenges can be managed.
Integration of Operations
In this option the communications functions of the four agencies would be consolidated into a single
service having responsibility to provide 'public safety communications' services to Niagara Region.
The consolidated service would operate out of one communications center, under a single
governance structure and mandate, with one communicator complement, where some (or all) would
be cross-trained in multiple dispatch functions. The consolidated service would operate as one
program, with one set of procedures, one set of support resources and a single backup solution.
The consolidated service would be supported by one radio system, one telephone system and one
or more CADs. Agencies may continue to operate with separate RMS systems.
Provincial constraints may preclude NAGS from fully consolidating with the other agencies in the
near term; however, this would not prohibit the four agencies from commencing the requisite
planning and migration process toward complete consolidation over time.
The following are examples of emergency communications services that successfully operate on an
integrated basis providing 'public safety communications' to broad service areas defined by their
members' collective jurisdictional authorities: Peel JFCC (fire), Halifax IES (9-1-1, police & fire), E-
181 Group- Report- November 30. 2012 Page ve
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
Comm (9-1-1, police & fire), Calgary PSC (9-1-1, police, fire & EMS), Portland BOEC (9-1-1, police,
fire & EMS) and Fairfax Virginia PSC (9-1-1, police, fire & EMS).
Presented below is a relatively lengthy list of the potential benefits I advantages afforded by these
and other "operationally integrated" emergency dispatch arrangements, as derived from on-site
visits and discussions. The reader will note that "improving service quality and interoperability of
public safety communications" is at the top of the list. This message was repeated frequently, as
was the following: the primary objective should not be to save money-that will evolve eventually.
• Improves service quality and interoperability of public safety communications
• Broad (area-wide)focus on public safety communications
- Promotes a coordinated area-wide response to emergencies
• Increased interoperability of communications
- Higher quality I performance(beyond that which agencies may attain on their own)
- Resources focussed to provide service as needed, when needed where needed
• Communications system capable of responding to significant events
• Supports integration of infrastructure,equipment, resources, support and maintenance needs
- Financial savings derived by operating from a single communications center, with one CAD-
COM system, one supporting emergency communications infrastructure (9-1-1 lines, radio
towers, telephone systems et al), one communicator complement (where some or all of the
resources are cross-trained to perform multiple dispatch functions), one oversight complement,
and one complement of support resources
- Less data duplication/access to common data e.g., mapping and street addresses
• Ease of information flow from one agency to another, complimenting responder safety and
facilitating the work of communicators through system enhancements(drop downs, etc.)
- Ease of information exchange via CAD messaging between terminals
- Strengthens resolve and supports periodic investment in upgrades I supporting technologies
• Supports automatic I mutual aid and interoperability in the field
• Supports inter-agency coordination of field operations.
Backup Dispatch Capability
To minimize disruption to critical systems each agency is outfitted with system redundancies,
continuity protocols, auxiliary power, technical services support arrangements (in-house or under
contract) and other back-up supports. The above notwithstanding, unforeseen events could
potentially require that a communications center be vacated, potentially for an extended period.
In this area the client agencies' respective capabilities vary. NRPS' backup facility is outfitted with
telephone and radio; albeit, call taking and dispatch is carried out manually. In the event of a major
outage at NEMS, the communicators will relocate to the Hamilton CACC where they will operate in
manual mode. The NFFD's backup facility is outfitted with a communications console, telephone, 9-
1-1 lines and a point-to-point data radio link connecting this site back to the primary dispatch center.
SCFS does not currently have a backup dispatch capability. In the event of a major outage, SCFS
and their clientele would rely on NFFD and neighbouring emergency services for support; albeit,
work is underway to establish an interim backup dispatch facility.
A contemporary view among public safety agencies is that the use of separate backup dispatch
centers contributes unnecessarily to duplication of technology, infrastructure, facilities, maintenance
and financial requirements. Alternatives that are preferred include: (a) reciprocal arrangements
where multiple agencies either house backup facilities for one-another (as in Toronto) or they grant
one-another access to work stations within their respective centers during emergencies; (b)
establishing virtual server environments where one server may be used primarily for CAD and a
second server primarily for RMS, however each one is configured to serve as backup for the other
(as in York Region); and (c) establishing a joint use backup dispatch facility.
f8/ Group- Report- November30, 2012 Page rx
P P
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
In consideration of the above, as well as the Client group's interest-in-common to enhance
interoperability, partnering in the establishment of a single joint use backup dispatch facility merits
consideration in Niagara.
An Optimal Delivery Model for Niagara
An operationally integrated 'Public Safety Communications' model is the one that 181 Group favours
as the optimal emergency dispatch delivery system for Niagara-this for the following reasons:
- As demonstrated by the research and assessment carried out in the body of this report (and
depicted by the Assessment Summary below), among the options considered this arrangement
comes closest to meeting all of the previously recommended attributes for a contemporary
emergency dispatch operation.
- This option promotes a relatively lengthy list of potential benefits / advantages (as above).
- This option reflects current trends in major North American municipalities, and in the USA it is
the direction promoted by federal and state authorities. 181 Group is advised that in some
states, emergency dispatch services will not receive 9-1-1 tax dollars unless steps are taken to
consolidate dispatch operations.
Assessment Summary
Alternative Options
1 2 3 4
Assessment Criteria Status Quo i Integration of Physical integration of
Technology Co4ocation Operations
1. Quality in the Delivery of the Critical Business 1 4 4 •
Functions
2. Enabled by a Conducive Working Environment, •
Business Supports and Technological Systems
3. Communications Function is Adequately •
Resourced and Staffed
4. Interoperability of Communications Within and O •
Across Agencies
5. Backup Solution that will Provide Uninterrupted O •
Services
6. Cost-Efficient in the Delivery of the Services - •
T. Operations are Performance-Based, Accountable
O _ O •
•
and Transparent
8. Operational Funding is Adequate and Sustainable O •
9. Governance Structure that Supports Expedient& 00
� O •
Cost-Efficient Delivery of the Services �.J
ID. Progressive 1 Forward Looking in its Operations O O •
Does Not Fully
Meet Criterion O o • Meets Criterion
As demonstrated by the research contained in the body of this report, it may take a number of years
to transition to this model. However, the likelihood of establishing a successful operationally
integrated 'Public Safety Communications' model increases substantially when:
- It is mandate by a high level authority
181 Group- Report- November30, 2012 Pagex
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
• The participating organizations express commitment and provide clear direction. In Niagara this
would include a requirement for support at the local, regional and provincial levels {the latter
because of MOHTLC's control and authority over changes that may affect the ambulance
dispatch operation)
- There is an executive level sponsor(champion)
- Governance of the newly established organization is aligned to the delivery of public safety
communications (i.e., as part of a Police, Fire, EMS and emergency communications public
safety continuum)
• Governance is aligned to the delivery of service quality objectives, including consideration of
such items as resourcing, access to technology,training et al
- Capital and operating budgets are similarly aligned
- The leadership {among agencies) promotes /serves as an example to a change in culture
- The Director has extensive previous experience as a uniformed officer of an emergency
services organization {i.e., establishes trust/confidence)
- Employees and stakeholders are engaged in the change process. ,
Some may suggest that an operationally integrated 'Public Safety Communications' model will not
work in Niagara due to items such as:
- Cultural differences among the agencies
• Concerns over loss of control over dispatch
• Collective agreements that prohibit outsourcing.
To this, IBI Group and others would reply that such concerns are not unique to Niagara. Further, as
demonstrated by the above examples of emergency communications services that successfully
operate on an integrated basis, where there is a collective desire to do so such challenges can be
managed.
Clearly, at the outset there will be many challenges in advancing an operationally integrated 'Public
Safety Communications' model, including reaching agreement on technological platforms, cost
allocation, training, labour relations et al. Those who successfully deliver such services have stated
that "it gets easier as one proceeds" and that they"would never consider reverting back".
FBI Group- Report- November30, 2012 Page xr
Study of Emergency Dispatch Services Niagara Region, Ontario, Canada
Recommendations
An Optimal Delivery Model for Niagara
1. It is recommended that as a preferred long term direction, the Client group should adopt an
operationally integrated "Public Safety Communications" model as the optimal emergency
dispatch delivery system for Niagara. The system will include an area-wide radio network and a
backup dispatch center.
2. Resolutions signifying local and regional Councils (and Authorities) commitments to the
preferred long term direction should be secured. The resolutions should also authorize agency
staff to work with one-another in the development of a going forward plan.
Governance
3. As an interim governance arrangement, an Advisory Management Board should be established
with responsibility to develop a going forward plan. The Board, to be chaired by Niagara
Region, will consist of senior representatives of each of the Client group agencies.
4. The Advisory Management Board will also serve as a forum for dealing with matters arising
from the implementation and management of the system, including plans that may conflict with
the preferred long term direction (i.e., near term plans for new communications facilities,
proposed CAD upgrades, etc).
5. It is recommended that a review of the governance arrangement be undertaken in 2 to 3 years.
Moving Forward
6. The provincial government should be informed and invited to participate in the establishment of
the Public Safety Communications system. Similarly, key stakeholders and potential partners
should be informed and invited to participate (e.g., Niagara Parks Commission).
7. The Advisory Management Board should retain an Executive having previous experience as a
uniformed officer of an emergency services organization and applicable personal attributes to
lead this initiative on behalf of the Board.
8. On behalf of the Board, the Executive should develop a going forward plan that will identify and
address the elements that are integral to the establishment of the proposed Public Safety
Communications system, including:
Change and risk management
Human resources and labour
Infrastructure and assets
Technology systems
Operating model and relevant business processes
Inter-agency coordination
Communications strategies for dealing with stakeholders, the province and others
Identification of potential partners and additional funding sources
Identification of early opportunities, time frames and targeted milestones
Financial resources (including multi-year budget estimates that align to plan components).
/81 Group- Report- November 30, 2012 Pagexii
FS-2015-11
Niagara�alls November 24, 2015
CANADA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Fire Department
SUBJECT: FS-2015-11
Open Air Burning — Supplementary 2
RECOMMENDATION
That Council maintain the principles of the existing by-law and make amendments to
eliminate wood for use in cooking fires; AND have the Fire Chief continue to dialogue
with the campgrounds on preferred burning methods.
EXECUTIVE SUMMARY
At the last Council meeting, the Fire Chief was asked to report back on three matters that
would assist Council in making decisions regarding possible changes to the Open Air
Burning By-law.
The first matter involved contacting the Ontario Fire Marshal to determine whether the
municipal council could restrict wood as a fuel for cooking fires referenced by the Ontario
Fire Code. Contact was made with the Ontario Fire Marshal who indicated that a
municipal council could indeed determine which fuels can be used for cooking fires
(Attachment 1). Therefore, wood can be restricted from being used for cooking fires,
thereby eliminating the "hotdog loophole". (If this option is accepted by Council, the next
two matters are moot, in that no recreational, wood burning fires can be permitted in
Niagara Falls. However, if Council does not choose to maintain the principles of the
existing by-law and allow recreational fires, then the next two matters are relevant.)
The second matter was determining a smaller and more reasonable size for a recreational
fire, rather than the one metre average that was provided in a previous report. Upon
reconsideration, a fire size of .6 metre diameter by .6 metre flame height is recommended
within a fully screened container.
The third matter was determining a more reasonable setback requirement for fires. There
are two considerations to review regarding setbacks. The first is the setback distance to
combustibles to reduce the spread of fire. The second is the setback distance to reduce
the negative impact of smoke from fires to neighbouring residents. The setbacks of 50 feet
in the current by-law gave consideration to both of these hazards. This meant a 100 foot
diameter circle around any fire would need to be devoid of structures, combustible fences,
decks, etc. The setbacks currently being looked at are less than one third of the existing
by-law setbacks in order to allow the majority of residents within the city to burn
recreational fires. These setbacks do not take the negative impact of smoke into
consideration and will increase the number of residents who are negatively impacted by
fires.
2 FS-2015-11
November 24, 2015
If Council wishes to increase setbacks to address smoke conditions, the existing 50 foot
setback would be more appropriate.
In addition, a restriction was considered for recreational fires in the vicinity of residents
who report health concerns where fires exacerbate their conditions. The last consideration
brought forward to Council was a restriction to abutting lands where a smoke related
health condition was raised. After considerable review, there is no change provided
regarding these restrictions.
BACKGROUND
This report constitutes the third report including a by-law for consideration of Council on
this matter. A fulsome background can be gleaned from these reports. It is recognized that
Council wishes to satisfy all interested parties and has required significant input in order to
make an informed decision.
ANALYSIS/RATIONALE
The recommendation of the Fire Chief has remained unwavering throughout this process.
Niagara Falls has been served well by the intent of the current by-law and we now have
further information that allows for the "hotdog loophole" to be closed, allowing
reinforcement of the fact that Niagara Falls is an urbanized setting where issues with
smoke from recreational fires will likely create negative impacts on neighbours.
The change to a .6 metre by .6 metre fire size will be more limiting in smoke generation,
reduce the chances of accidental fire spread and limit the need for larger stockpiles of
firewood.
A more reasonable setback will include a consideration for the impact of smoke. From
speaking with area residents who have smoke related health concerns, restricting abutting
lands from burning will likely not solve their problems. This medical restriction is
anticipated to be problematic for a number of reasons. First, the fire department would be
receiving these requests. We may issue permits to residents prior to applicants coming
forward for restrictions near their homes. We would then need to rescind permits and
refund permit fees to those who were given permits but who now must no longer burn, due
to their neighbour's health restriction application. The applicant may cause four of five of
their neighbours to be restricted from having recreational fires and it may cause tension
between neighbours. The restriction does not address neighbours across the street, or
more than one house away, who may be in close proximity to the applicants. However, if
we choose to go further with the restrictions then we end up evaluating medical severity or
we would be asking doctors to determine how far smoke will travel and when it will
disperse enough to not be hazardous. These scenarios are fraught with problems and
therefore the very straight forward abutting neighbours restriction remains most consistent.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
These considerations have been discussed in previous reports and remain valid.
3 FS-2015-11
November 24, 2015
CITY'S STRATEGIC COMMITMENT
The intent of this report is to allow Council to provide residents the opportunity for
enjoyment of their properties.
LIST OF ATTACHMENTS
1. Email from the Ontario Fire Marshal and Chief, Em7rgency,Management
A 7,
Recommended by: 44
Lee Smitp, Fire Chief
Lik../44-1"\
Respectfully submitted: 1
Ken Todd, Chief Administrative Officer
L. Smith:tc
Lee Smith
To: Lee Smith
Subject: FW: Open Air Burning By-law update
Original Message
From: Jessop,Jim (MCSCS) [mai tc JimJesscp@ontar o.c.a]
Sent: Friday, September 04, 2015 12:06 PM
To: Lee Smith
Subject: RE: Open Air Burning By-law update
Hi Lee,
I have reviewed the content in this e mail and offer the following interpretation of the Office of the Fire Marshal and
Emergency Management (OFMEM) with respect to open air burning.
Section 7.1 of the Fire Protection and Prevention Act (FPPA) authorizes municipalities to enact by-laws in respect of
"regulating" the setting of open air fires.This section of the FPPA permits a municipality to pass a by-law that differs
from the requirements of Clause 2.4.4.4 of the Ontario Fire Code respecting open air burning.
The only caveat respecting this authority under 7.1 of the FPPA is a municipal by-law respecting open air burning could
not "prohibit " open air burning in totality; the FPPA permits municipalities to pass a by-law in respect of the
"regulation" of the setting of open air fires.
If my office can provide any further assistance on this issue please do not hesitate to contact me.
Sincerely,
Jim
Jim Jessop
Ontario Fire Marshal and Chief, Emergency Management
From: Lee Smith [Ismith@niagarafalls.ca]
Sent: September 3, 2015 4:46 PM
To:Jessop,Jim (MCSCS)
Subject: Fwd: Open Air Burning By-law update
Begin forwarded message:
From: Lee Smith < smith�c'aniagaratalls—:a<mailt^_ Isn^:ith@L7iagarafalls_ca>>
Date: September 3, 2015 at 9:43:54 AM
Subject: FW: Open Air Burning By-law update
Hi Jim,
1
I left you a message but below is the explanation of where we are at. If possible, can you please confirm in writing that
we are within our rights to restrict wood as a fuel for cooking fires. I have explained what I believe the authority to be
but at our Council Review meeting it was clear that I will likely be challenged on it.
Thanks Jim and I hope the inquest is going well.
Lee
2
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Dean lorfida, City Clerk
Date: November 24, 2015
Re: Open Air Burning Comments
Included in the package are comments received as of the end of business day on
Wednesday, November 18th. Comments received subsequently will be emailed as
additions and provided as hard copies at Tuesday's meeting.
A Great City ... For Generations To Come
Dean Iorfida
From: Iggys <
Sent: Tuesday, November 17, 2015 7:56 PM
To: Dean Iorfida
Subject: Re: NOTICE: Open Air Burning - November 24th Council meeting
Dear Mr. Iorfida:
Thank you for keeping me abreast of the Open Air Fire Burning By-Law and thank you for the opportunity to
voice my comments.
I have read the attached report from the Niagara Falls Fire Department and I agree with the recommendation
to maintain the existing by-law and to eliminate the use of wood for cooking and recreational purposes as
stated in the first matter of the summary.
The second and third matters of the summary should not even be entertained as possible amendments. I
believe it should be cut and dry with no exceptions for it will be the exceptions that can lead to confusion and
misinterpretations.
If amendments are going to be considered, then first of all, who is going to police the proposed size of the fires
and the proposed setback requirements? It sounds like wasted time for the firefighters who in reality have
bigger fish to fry such as attending to 911 calls and actual fires.
Yes above all, the health considerations of the residents of Niagara Falls should be first most and foremost.
We have already heard the passionate pleas about the dangers and the carcinogenic effects of smoke at the
previous meeting. With all due respect, the Mayor and all the Councilmen/women should be the first to set
the example by putting their personal preferences aside for the sake of the health and fresh air quality of their
fellow residents and constituents. Wanting and needing are two totally separate things. Wanting a fire for
recreational purposes is not a necessity for life. Fresh, clean air is a vital need for life. If cities such as Waterloo
and surrounding municipalities can abide by the no open air fire by-law, then so should the city of Niagara
Falls.
I thank you for your indulgence and I remain;
Respectfully;
Irene Iggulden
From: Dean i,r`sda
Sent: Tuesday, November 17, 2015 3:26 PM
To: Dear :r a
Cc: ; CL: ; Teresa
Subject: NOTICE: Open Air Burning - November 24th Council meeting
Dean Iorfida
From: CleanAir <>
Sent: Wednesday, November 18, 2015 1:38 PM
To: Dean Iorfida
Subject: This Tuesday's council meeting RE: open-air burning bylaw amendment.
Dear Sir,
I spoke at the council meeting about the hotdog loophole and the restriction of using wood for cooking food outdoors.
I understand that the Fire Chief has learned that this is also possible for the city of Niagara Falls.Therefore,the hotdog
loophole is no more, providing council so decrees it.
I would like to talk to you about the lack of enforcement that we have. It would save the city of Niagara Falls, a great
deal of money, if fines were issued for bylaw scofflaws.
Simply having the fire department respond to a backyard fire and order it to be extinguished, does not generate future
compliance, or funds for the city coffers.
I propose an automatic fine system be put in place. $50 for a first offence, $100 for a second offence, $200 for a third,
and so on. This would encourage compliance and save the city the cost of sending fire crew out to a nuisance offence.
Another issue is neighbourhood relations. Why should it be SOLELY up to a neighbor to report an illegal fire?Why can't
the fire department sniff these out?
Years ago, I worked for a summer as a bylaw officer for the city of Welland. We would ride around in a small grey
hornet car, looking for violations late at night.
Why not have something similar for Niagara Falls?Two students, or a firefighter and one student, together as a team,
looking for firecode violations, such as backyard fires, ect.
A few fines per night would help cover the cost of this program, and it would help remove neighbourhood hostilities, by
removing the necessity of a neighbor complaining directly to the fire department.
Without fines, enforcement is seen as weak by bylaw scofflaws. Fines must be issued. Once the hotdog loophole is
officially closed by council, fines should begin for all backyard fire calls.
When I spoke to council,that was my focus. Health issues, environmental issues aside, I KNEW that the hotdog
loophole had to be closed first.
Please take this email into account with council. I'm sure you can use my suggestions!
Best Regards,
Kevin Hawerchuk
1
Dean Iorfida
From: Al <>
Sent: Wednesday, November 18, 2015 2:40 PM
To: Dean Iorfida
Subject: Burning By-Law Issue
Dean: Thank You for the notification regarding councils upcoming consideration of the Burning By-Law issue.
Through you to the Mayor and Council I offer the following comments.
Mr. Mayor and Council Members, thank you all for your patience and careful consideration of this unusually
complicated issue. When you originally passed the motion to make the changes to this by-law there was little
expectation of major opposition. The proposed changes would have enhanced the present by-law by adding a
permit system, public education, specific safety requirements and would have placed city residents in equal
standing with local campgrounds that are allowed campfires under similar limitations. In the spirit of
compromise council offered the further safety consideration for residents with health issues. A reasonable
buffer area would be offered to residents who showed they had serious health issues related to smoke.
I would like to point out, the present by-law and the proposed by-law already have specific protections in
place to protect residents from these types of smoke issues. At any time, if a nearby resident is experiencing
health or environmental problems due to smoke from a campfire or even a fire department allowed burning,
the fire must be extinguished immediately.
I realize that presentations before council are not under the same level of legal scrutiny found within our court
system. Considerable leeway is granted to presenters. The Mayor and Councilors must determine the facts
from the exaggeration and then make the best decisions possible. Some of the information put before the
council at the August meeting was incredibly inaccurate. Many of the "facts" put forward regarding the
dangers of smoke from campfires were actually taken from reports addressing health issues from forest fire.
The statements regarding the dangers of"carbon monoxide" from campfires that could seep into your homes
and harm you were false and do not exist. The concerns regarding PAH/s ( polycyclic aromatic hydrocarbons)
was equally exaggerated. Yes some of these compounds can be harmful. They are found in many of our foods
and are a byproduct of incomplete combustion of everything from oil, wood and cooked foods. They are also
considered one of the building blocks for life itself. Exposure to high levels of some of these compounds over
extended periods of time is `suspected' as a possible health concern. The smoke from a campfire does not
create any such exposure concern.
The so-called "hot dog" cooking issue is not and never has been a determining factor for whether a person
could have a fire. Once a complaint was received regarding a fire the fire department always had the authority
to have it put out.
It is with a level of puzzlement and concern that I listened to several of the stories of raging fires and plumes
of smoke coming from uncaring neighbours. The present by-law clearly does not allow for such actions. The
fire department demands immediate extinguishment of such fires and if there is any resistance an inspector
and the police are called in to deal with the situation. The description of an elderly lady having drug taking,
drunken partiers with a raging bonfire cursing her and accosting her should have resulted in numerous
criminal charges.
The gentleman who said the smoke from a campfire was entering his home and causing his wife to have a life
threatening asthma attack truly puzzled me. He said he left his home and his wife for an hour and a half
looking for the offending fire and finally found it ten city blocks away.
It is part of our human nature, when trying to make a point or tell a story, to enhance or exaggerate for effect.
I am an avid fisherman and have at times fallen victim to my own human nature when describing a giant fish I
might have caught. When it comes to this issue some of the presenters fell victim to this common failing. I
hold no animosity towards them. I only wish that they would recognize the changes proposed for the by-law
would enhance their protection and rights.
The proposed changes to the by-law, that you once saw fit to pass, offer a fair compromise to all parties
involved. Setting aside the emotional factors and looking at this issue based upon the facts is the only way to
deal with it.
If you choose not to implement the changes proposed we will be right back where we were in the beginning.
Campgrounds will be able to have campfires and residents won't. Even though they are defying the by-law
residents will continue to have campfires and use wood burning units. No education program will have taken
place on the safe methods to by used. No registered permit program will be in place.
If you elect to put the changes in place the residents will share equal footing with commercial operators.
There will be registered permit holders. Individuals with health concerns will be protected. The process of fair
consideration and compromise will have succeeded.
Thank you for your consideration of this issue. It has been quite a roller coaster ride and that is no
exaggeration.
Environmentally,
Al Oleksuik
2
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To all members of Niagara Falls City Council,
This Booklet Contains a Request to introduce the following Brief to City Council in
regards to the Open Air Burning bylaw currently known as By-law No. 72-211 as
amended by: By-law 81-65 and By-law 91-10 and the proposed Draft By-law
known as By-law 2015-88 City Council in this regard. Accompanying this Brief is a
signed Request for Accommodation.
Dated 2015
Receipt Acknowledged by (name)
Signature
BRIEF INDEX
TAB ITEM
5 Formal Request for Accommodation
6 Legal (Civil and Neighbour Tort Law)
7 Chemical and Toxicology
8 Ethi saii khts Grounds for Request
Formal Request fog Accomrnooation and Barrier Free Access
We the Undersigned do hereby notify City Council that we request
environmentally barrier free access to the enjoyment of our property and Civic
properties and amenities by introduction of a by law prohibiting the use of solid
fuel burning campfires indefi€r;tefagara Falls and the proactive
e forcer"`:_.:nt of said bylaw {:.f.A .•d
i
We1-,,ase1-,,ase ".it sr~ y'. . 't _ ,. e 4, , Human Right fur. per:ceful
enjoyment of our proper 1i act: odd . with disab sity, the
Municipal act (requiring City Cos sworr corrin,. hent to act in the best,
interests of the residents of their rity), the plan for a Barr ier Free Niagara Fates
(The Mayor's Accessibility Advisory Committee was formed in 1997 to deal with
accessibility issues in Niagara Falls for disabled persons. The Committee's goals
Fte to educate the public, and ircr<_ase barrier free accessibility En our
..
. .a.+> ' "!1.'nii:v for bot"l ,sis+•t`o-rs', the d)n't; rio Disability Act,
fi, x4u,sance Layi
v:tached signat res '.. ..,,. .;hose requesting accornimodat,c.n
rei_ ,r .sze inability, an 'z .'is4 ;<< ,i,g ity intact they yLE F e i th oed ;
peapte req esting the sari {" :ornmoda"Hon.
,El s` natories have read and agr i,: with the contents of this request and in
s e _" agree tn provide he ,=--c to the Mayor and City Co'.ancil of
alis.
N2me (Pease Pt) Sigratt 4re. Date fDD/MM/YY)
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EXPECT THE BEST
Blaney
McMurtry
.1ARRIST . ,:.D,IC' rC,',R riL,,..q
MUNICIPAL LIABILITY:
THE TORT OF NUISANCE :
FLOODS , FIRES , SPILLS ,
SEWER. BACKUPS AND
BAD VIBRATIONS
Roger J. Horst
31aney McMurtry Lt P
416:593,3930
rhorst@bianey..coni
and
Jenn7fer Herzog
El Ian 4 - fi;',i; ':A rtry LIP
41 895
j:LrIler7oggbaney.com
Introduction
The tort of nuisance - a protection against being"unlawfully annoyed, prejudiced or disturbed in the
enjoyment of land' - is an old tort pre-dating the evolution of the tort of negligence which has
grown to cover most liabilities. N uisance continues to maintain its vigour, especially where a
negligence claim is not available, or if available, not easy to prove. Floods, fires, spills, sewer
backups and bad vibrations pro%idc a steady row of claims in nuisance. The potential number of
nuisance claims in an increasingly complex society has grown, not diminished, in recent years. The
attractive feature of a claim in nuisance for a plaintiff is that once the nuisance is established,
defences d_f are few Icw a1"i:i liability is close to strict.
There are two causes of action in nuisance: private nuisance and public nuisance.' A private
nuisance will interfere with a person's use, enjoyment and comfort in their land, whereas a public
nuisance interferes with rights and interests shared by the public. A fuel spill which closes a highway
is a public nuisance. If the spill migrates to a farmer's field, then it also becomes a private nuisance.
A municipality may face claims for either tort in the same action. Liability will depend on a factual
inquiry into the nature and extent of the interference.
In 1989, there was a valiant, but unsuccessful, attempt led by Justice La Forest in the Supreme Court
of Canada to rewrite the law of nuisance by abolishing the defence of statutory authority and
substituting a general test of whether it was reasonable in the circumstances to award
compensation.' The attempt failed and Justice Sopinka's opinion, which affirmed the traditional
iail, i.1:Q. i : J_ Niax'Neil. 197 p 5i;
r ;.Zs. 'tel ,'ll iS Jllti _.Ui!uvu_ 7J✓r_ i i.
Section 99 of the rnl''ronmental Protection ^.. 't i.l' '''t E.1(). ;antains a statutory sight at action 'or pUbiIC
nuisance. as discussed below.
-look v. St. John , ;Lie+ra;a. !un ft r ...,a, i')89
approach to the tort of public nuisance and its defences. eventually prevailed and was confirmed by
the court in 1999 in Ruin v Victoria (Cirri.
Ba confirming the traditional words to describe public nuisance, the court did not provide an easy
formula for determining if an actionable nuisance ti.Kists. Justice Major stated for the court:
Whether or not a particular activity constitutes a public nuisance is a question of fact.
Many factors non be onside., d including The inconvenience caused by the activity,
the difficulty in olved it leissenino. or avoiding the risk, the utility of the activity, the
general practice of others and the character of the neighbourhood.'
The court was far more helpful in providing a definitive test for the defence of statutory authority,
thcentral issue in the case and _ frequent isstne in cases involving municipalities. Justice Major
stir tart
Statutory authority provides, at best, a narrow defence to nuisance. The traditional
rale is that liability will not be imposed if an activity is authorized by statute and the
defendant proves that the nuisance is the `=inevitable result" or consequence of
exercising that authority.
In the absence of a new rule, it would be appropriate to restate the traditional view,
which remains the most predictable approach to the issue and the simplest to apply
That approach was expressed by Sopinka J. in Tuck, at p. 1226:
The defendant must negative that there are alternative methods of
carrying out the work. The mere fact that one is considerably less
expensive will not avail. If only one method is practically feasible, it
must he established that it was practically impossible to avoid the
nuisance. It is insufficient for the defendant to negative negligence.
Th% standard is a higher one_ While the defence gives rise to some
practical difficulties, in view of the allocation of the burden of proof
they will he resolved against the defendant.'
i i9991 ( S.('.k. 2i?1
ibia, para. 53.
60, paras.
In some instances a statute provides a specific immunity for nuisance, but those statutes are subject
to politics. Constituents tend to take a dim view of a government avoiding compensation after a
catastrophe on the basis (fit statutory 113'r;1a_flltj, i ta`.tatory immunity is distinct from a permissive
statute which authorizes the undo staking of certain activities These latter statutes raise the defence
i. statute «a! n:
For the parties, whether establishing the liui,aitce or a defence to it, the route will be a factual
inquiry into a number of nebulous factors that are hard to prove and to apply in the tough cases.
Fortunately for the courts, naarn:,' nuisances arc straightforward and the courts usually have no
difficult, in opposing liability for floods, fires, spins, sewer backups and bad vibrations.
What is a ?aisance':
Forr uz ate; .for municipalities, not all annoyances will constitute a legal nuisance, such that the court
Will remetty the situation with an injunction or damages. in Tr. c St. ✓ is Mdropclitaii A r Bari,
Justice La Forest explained the problem well, although his solution was not adopted:
The assessment of whether a given interference should be characterized as a
nuisance turns on the question, simple to state but difficult to resolve, whether in the
circumstances it is reasonable to deity compensation to the aggrieved party. The
courts have traditionally approached this problem of reconciling conflicting uses of
land with an eves ti a standard basted, in large part, on the formulations of Knight
Bruce V.-C i n Waiter v Se.ih: t55!), -'- De G. &: Sm 3!:5, 64 E.R. 849, and Bramwell
B. in Braintord .. Turnley;i' 2) :3 B. St S. 66, 122 p.R. 27, at pp.83-84 and at pp.
32-33 respectively There i, was observed that the very existence of organized
society depended on a generous application of the principle of "give and take, live
and let live." It was therefore appropriate to interpret as actionable nuisances only
in ficv. ias ,.J, ' 17001; B C_ * ) _??iA :he Brit:sh Columbia Cour of Appeal upheld the
Municipality's defence under the 1,11071Cipcil -h , _, tt. ' if91 c.52, which provided that no action could be brought
against the municipality' with respect to the construction. maintenance. Operation or use of a drain Or ditch. The
section was subsequently repealed.
Supra note 4.
those inconveniences that materially irt;:cirfere with ordinary comfort as defined
according to the standards held by those of plain and sober tastes. In effect, the law
would only intervene to shield persons from interferences to their enjoyment of
property that a re unreasonable in the light of all the circumstances.'
Tivfi courts have r„pi_atedl`u held that the p i .:.:ira relevant tactors for an inquiry into
inerfcr:nce is unreasonable' are.
The ;atu!_ of the localir-
severiin o taie harm
The sensitivity of the plain n and
The _ltihty of the defendants conduct.'
The courts may also consider the intensity of the interference, difficulty involved in lessening or
avoiding the risk, the duration of the interference, the tiine of day or week in which the interference
took place, die defendant's intention., and the nature of the conduct. This lengthy list of factors is
not exhaustive and the courts 'i;';_ free to look at a 'aide array of circumstances in each individual
case.
While the "utility of the defendant's conduct" is a helpful factor for municipalities, it is but one factor
that the court will cuaskier in its anat`esis. Although a nuisance arises out of a useful or necessary
public enterprise. tha is hot sufficient, ha itse P to_lustily the interference as -reasonable."
/bid, para_ 16
' Se_ i.;r )u mp1 Mandrake 'situ i genr,'rnt I n. Toroptn Trwrit Commis;rcn. t 1993 j C>..i No. 993
The extent of the utility is signiticani in both .1<la a itCaiszdtants Ltd a T aannta Transit
Commission,2 a case concerning vibrations from the subway.. and Suthe'la d v CanCiii,13 a case
concerning noise from an international airport, the courts found that while the elements for a
private nuisance had been established, the respective government bodies could rely on the defence
n4' ctat,wtnr .'1 nth a.- t ; n c ,r+ , s..('- . That r ._ , thori ed . -. the _t,. they .
J . ..,J, ....J .. .,. _: .... ., were is_> i..11.VU w do in the way they 'vti/I c
authorized to do it.
The Defence of Statutory Authority
Municipal actions ars- generally presc"ibed by statute, and therefore, municipalities may instinctively
ta =i'_ confidence that they are acting. according to law However, as noted above by the Supreme
Court of Canada, statutory authority has proven to he "at best, a narrow defence to nuisance."'
The traditional rule is that liability ci!lA.. he imposed if the activity. is authorized by statute ant; the
_e €aidani can prove that the nm-entin is the ,t ? i,nr t „_ of 'his exercise of authority. This
standard iii "inevitability- is or:_roL!, -m l matt`;' authorize) government actions will fail to meet the
test.
In Rvr a V/air/a'1 the appellant was insurr J when-n h was thrown from his motorcycle while
attempting to cross some railway tracks when his motorcycle became trapped in a "flangeway gap
runo o `
along theunto edge of fet' The statute, which provided far the placement of the
i_
[2002] BCCA 416.
Ibid,Fara. 63.
Supra note 5.
flangeways. did so to a minimum stmdani only and the railway company's decision on placing the
tracks was held to be a matter c disci-etion and not the 'inevitable result" of following the
regulations. The rtctonCc el.staJtrtory authcrit ...vas not available and the railway company was liable
1p public nuisance
Trth 1: Sr. ,U7n1,: zliet7r,„iitar A 7.:-L7 SCrIfil IS an rher eanipie where the defence failed. In ;flak, tar
appellant's howsr was flooded after heavy rains. It was determined that the
flooding vas caused by a blockage in flair se-Nat-io system operated by the municipal board. Again,
the defence Pf statutory authocily was ntO stdiicient to protect the municipality from liability. While
nay oneur In a ,e.-N.1.7a.ze s.yst2m, niockage is likeiy the inevitable consequence
of flO OIC systeat.
To succeed with the defence of star,utary aitthorit-,, is difficult but not impossible. As noted abo,,e,
CL-rack; :14 1l(171e, noise from an airport was held to constitute a private
however. the defendants established the defence of statutory authority:
there ,,ivas clear statutory authority For the location, construction and operation of
the North Runway. and hr taeec huisance suffered by the plaintiffs was the
inevilable
Other Defence.s
S'Iipra note 4
(8
Supra acts !3.
Th,c1 pm a.
The defence of statutory authorio, distinct. :from: a statutory prohibition against actions against the
public body or -`statutory immunity."-`' Statutory immunity requires --express language in the statute
such as a provision specifying that no action for nuisance may be brought for any damage caused."
Some other potential defences inelnde cu_,. :r negligence, consent and acquiescence,
prescription and third person intervening act These tt f-aces only tend to arise in the rarest of
circumstances. Ttie 'onrentioo that vNere `first in time" and that the plaintiff
carne to the nuisance,' th,,-.:reby authoring its ov.fn misfortune ii act a c i Ke,- It may, ho'ae ver, he a
factor the court will consider is its factual assessment e' t of the nuisance.
Statuton Environmental oiu lances
The primaTy environmental statute' in Ontario is the Environmental Protection Act (the -EPA")
its purpose "is to provide for the protection :.ad oinser1ation of the natural environment."' In the
event of an offence under the E.P.A. the EPA prt>✓ides for bath quasi-criminal penalty and quasi-
email reoo`oer y. [here are threc main ways o. .hien the provisions in the EPA may directly affect a
nuisance proceeding invoking a mun,elpa ny. whether the m_ui:icipaiity is making a claim in nuisance
or facing (Inc' ,
n
Raveias COT/C1'. 2001 B.0 J. No. 3 ir' :?
-' /bid, rara.30.
Sc ,Stia-gr's Br!ClgH37017, i! s'*5 j :'i.0 55
R.S.0 I`'W90.
'a
First, certain compensatortovisions iv the EPA negate the need for a common law action in
nuisance. Section 99 provides for eornpensation in circumstances of pollutant spills and is an
example of such a prnvision':
(') Her 1\ii2ji..tst-: riaiti. r: 1: : el Canada- o any other person has the
a) for loss or damage incurred as 1 direct resiti ofl
the April a politilant too causes or is likely to cause
art adverse effect,
if the exerctie of any authority nodorsubsection i00(1)
or the eaitrying uri or attempting to carry out a duty
imposed or an i'3iider er dircctiin macho under this Parr. or
neglect orJLOOli ir alrryl.rtc_,f out a duty imposed or an
order or diritcton Parr:
(b) for all reasonable cost and expense incurred in respect of carrying out
or attennt.ning to carry nut err order or directicn under this Part,
in the carer of the pollutant ,rintit roe poison has ing control of the pollutant.
This rig,it on compensation may be eirvioreed by bringing aril action in a court of competent
jurisdiction,'"
Subsection 13) exempts an owner of a nointan if the owner can establish that all reasonable steps
were taken to prevent the spil; of tile polintant ur hai the spill was wholly caused by acts of war,
terrorism or hostility a a fortH5o cr.i.{:1:7y, a : .=•11.-n-r.ii -,thenomencl of an exceptional, inevitable and
irresistible clitaructie , act or harm by another person.
Note: See also s.103 re,spect to(._orp,,r;;jon;
s.Oft 5)
The foregoing exemptions do not relieve the ex—net of the pollutant from liability for loss or damage
that is a direct result of neglect or default of the owner in carrying out a duty imposed or an order or
direction made under this part of the EPA. Further, an owner will still be liable for cost and
expense incurred in attempting to prevert. eliminate and ameliorate the adverse effect and/or to
rswtnre thr na zrr, 1 anvirrw-in. it
Like an action for corm-non law nwsnlc:., the siatutory right t0 compensation is enforceable by an
action in a court of competent jurisdiction and does not depend upon a finding of fault or
negligence:
Second, as oreviously discussed, there are certain statutes that proside a statutory defence iO a claim
in nuisail or 1,i.e the Farm Pt- i' Pitteam A rib). The EPA operates notwithstanding such statutory
"immunity', in other words, statutory uriiuuniry from a claim in nuisance does not preclude
prosecuii ander the 1 PA,' unless the .rmsnny—g anting statute expressly provides otherwise.''
Lastly, the EPA also operates in relation to nuisance by way of evidence for the nuisance claimed. If
the act is regulated be the EPA. a breach of EPA s'andards may be relevant to determining whether
pof constituted legal nuisance. The statutory provisions of the
o-not the ;rcumstat.cs complained corp;, . i.;,c{ a ie d
EPA are oat determinative of the issue, however, but have been held to provide "a useful standard
to measure the e-v ide ncc.°„`
27 /hid, s.99(`:1 and(a).
R.S.O. 1990,c.ro.
R.S.G. 1990,c.c.19
i(1
See example,f„!ce Ciro 4 7tarjrr f3<,+n91
7(Ont. S.C. .).
3.1Q90,)Ontario Ltd. r. [loco t Steel P/ ihtLi:,I'r'i7t(1.sor) Lid., [1.9901 0 J. No.997(Ont. C..= )
Puffin° Thinus into P rspec:ti e
in order to gain a cicai'r [serer esti e on 1_ nuisance can affect municipal operations,
the folloivin` di cussIL,I. aru y th (,}!, 1 5;)i'._. `> cri hy"pothetival fact scenarios.
SCENARIO #1: The Paintings in fleavyra nfall
Ted and Mary had recently purchased an old Victorian style home, located in a rural area in the
municipality of Eleavvraintalf. *ft'er one particularly wet and dreary morning, Ted and Mary were
horrified to discover that the bas_rncnt of their house was flooded due to a sewage backup. The
basement temporarily housed Ted and Mary's prized art collection. Luckily, the height of the water
had not reached the pairhings. t,-<,' 3; : _i<.y, itoweAer, i od and Mary were dismayed to
discover that the paintings were in tact damaged, _ .-a expel in Victorian paintings explained that the
damage was Likely caused by toxie ftiloes dtat ett-t;riated from the dirty water throughout the day.
Ted and M i tiavl 'o ought an action against i-ieavyrainfall lot damages.
Analysis for Scenario #1
The physical damn.ge to Ted and Marys basemen_ all likely be regarded as an "unreasonable
interference with the plaintiffs use and ar r. ,i',; laic: ' and is therefore actionable. There have
been severa, a tiocs in nuisance resulting }+i +_r e it e hacK.up and flooding arid, in the absence of a
proper defence, courts have found municipaii'iy, sewage and drainage operators liable.
As previously discussed, the coin will took to an array of factors in determining whether
l-ieavyrainfall is liable. including the character r the locale, the nature and sevurity of the
hirerterence, .he utility of the deftrtid_n1 = ct o iu:; . and the see sitisity of the plaintiffs use.
See for d'iampie, `.)o.si occ >>. .1 t to:I /tag ' i 't'i. 36 .6i (3d) 323 iC A.); :rock v. Si ,.'oi?n i AIel/"iJpou7a i7
Boarl, supra hate 4. '.akc P. .il" i i ;)t)9 r_ i .%,i_.K. (4''') 6'6 (i\t16 ..A.); and idedcmist Farms
Lei P. Silfir l f l„li l 76 U'
The cases which turn on the character or nature of a locale generally cite from the old English case
Stu/g3' L: Bridg,uS7 ti .7' :3' --What would be a nuisance in Belar_ive Square would not necessarily be
so in Bermondsey." These cases sen As p (lea; with the intangible nuisances, ;noise, odour,
smoke) as opposed to cases of a __? ._ c:..i3'10,12. I e:d flooding fire
a an_ ryci, !,.ail?;.. and ry _ i L;., inetutl.,s looking at the e..olenr o" the,
flooding, damage a t., [11 G ].3 1 ,i v3 and Mary from pollutants . . t c
se va.ge Vv...,. and the detrt c,,_,,_ _ eet 's [Jecir use and en,cyment of the property_ The
.
assessment is on an objective standard, "_ en toe e reumstanees of the particular plaintiff.
As previratstvno.ed, the utility ol the defendant's conduct is one factor on which municipalities will
tend to rely. Assuming flea\yrainca,i „1 e.. that the rlucdin ' was a result of normal, nou-negiiif;e?t,
operation of their sewage system. .hits lac;w mai lessen rhe extent of their liability in nuisance.
ay be difficult to pro that 5-c,.; tlo °,:,c is ili;:rely incidental to ti is public utility and
evidence.
Abnormal sensitivity i Y has been held to `;itunte a nuisdn_e or lessen the extent of liability for damages.
For example, in t!ao Ezll l`. iJ tiAt .%t7?it r _i (.\.t5 the euun reduced the trial judge's award
in nuisance or the4'ound that the rI t_tf , re :xesting allergy to cedar wood dust (the subject
matter of the n_uisance'l ida:`, an an _r , ti . ,'i. Lich they could not recover Chief „astice
Stratton . c;''- stir. L tid_er 'c `7 i'.t ais ' C''n7r 77 T .t .- -."
_ _ _ ._ .___ _ .. . ._. tet. ._ _ it Lfil _. _i.
'a ;thiel, CI 865
['Psi; t'..x.13.. Ns, t)25{C.;A.i
If the plaintiffs use of his property OT his own physical or mental make-up is
abnormally sensitive. he tray be denied recovery tbr nuisance This follows because
the standard employed in determiniag whether the defendant's activity is an
unreasonable interference is an ohjectis,e one.
Arguably, Ted and Mar-!s painrus ucre abi?0, to i:!ffect of the fames and this ITILIV
lessen Ileayyrainfall's liability in this respect.
SCENARIO #2, Subway Vibrations on Quxat Rd,
Sylant Consultants is hc owner and occupier of 96 Q!tyat Re in the City of Toronto. The property
is located adjacent to a subway entrance which accommodates traffic- on the Bloor subway Inc.
Sylant eiiiii,ends that by reason of the location of the subway and the passage of trains, a nuisance
has been created, causing a disruption of Syiant'S daily actianties thereby affecting a significant loss of
business.
Analyisne Scenario #2
The Ontario District. Court dealt with a sin-It:at- scenario in iiiiantirtist,.!Managiant Cw,sultorts L rcL
Trw'f. to htllzvit CcminiviaL3' In teeccase, the blaintifT-41":is a tenant in a building close to a subway
station and operated an executive placerarent basiness. NToic and vibrations from the subway
interfered with the plaintiff's liusinetsi of int,aaviewinii chews. The court allowed the action and
ordered tine cletendarn- to rierntive joints on the rails litrioiari as the -frog" which caused the
excessive rumbling .anci. vibrations. The coon, aid_ not assess the general damages in the amount
sought by die plaintiffs, floweyer :irld general tan:ages at S3.000
‘" I aim 0 f,A3. 379
A trivial interference will not be stitfiCien,t to constitute. a nuisance. The court will ask:
ouch:: this inconvenience to be considered in tact as more than fanciful, one of
more than mere delicacy or t..isndio j nes;, !i an inconvenience materially interfering
4vith the ordinary comfort phi.isically of human existence, not merely according to
elegant or dainty modes and habits vi _ t n^. but 'according to plain and sober and
simple notions among ]_lis : nesopie',
7 :ti nd'ake; the court held that the reasonable _. i';! t uld have found the situation intolerable.
The noise and vibration. caused cr,daed ' disripooii in the plaintiff's business arid
considc ra^__ discomfort to its .ecnpa. ,'S. This a riSil.,_it+ed a nuisance. The court ordered the "frog"
removed and awarded damages.
In both oar scenario and in _vantira.k; t_1-. character of the locale is similar: a busy downtown
Toronto area. In zilandrake, the court characterized the locale as a mixed use area. The premises
were located in a residentially-oriented area. which the courtheld raised a Beater expectation of
peace a_. . tranquility.
As discussed', the standard of unreasonable :s. er'lir ncc in nuisance is objective. It a plaintiff's use
of the property-or hiss her own phvsiea or innientii make-up is abnormally sensitive, the plaintiff will
be denied recovery for nuisance. The nature of the business iii question will, therefore, affect a
finding of nuisance. For example, the oritcntrie mai, differ depending on whether Sylant Consultants
operate :z financial consulting bushes or a business of training in the art of meditation.
The operation of a sub 1aj VG.ci:. 5-.ent ._ to ;.o iii,_ ii {` iorJi_t ` and sUITOUn'tairia areas in
their tray i to and ti-orn downtown This factor `:t ill necessarily affect the balance in the interests in
la' our of the defendant transit commission.
i:i
SCENARIO #3: Manoore Inc. Stinks
Manoore Inc operates a livestock tarn, in central Ontario. The farm operation requires the
production of a large amount of manure_ which it markets as fertili/er to local farm` and nairseriec
The fertilizer operation provides for approximately 50(f= of the farm's profits. Manoore Inc.
attributes its profits to the superior quality of its manure, a product of a unique and patented diet
regimen it has invented and implementer, for its livestock. The fertilizer operation has resulted in
horrible odours. causing Manoore .,, ,t'I hb i; lo suffer from nausea, burning eyes, shortness
ofbreaih, ifileulty- sleep ifig, and an i abi i? enjoy the outdoors. The neighbours have brought
an action against Manoore Inc. in nuisance. Manoore Inc. claims that it is immune from liability by
operation of the C ai;'n1ng and Earl R- iudifx P ciatc,n A ct, l')98 ' (the "Act"). Manoore Inc. also
relies clecisic,n from the Farm Practices Protection Board that ruled that Manoore Inc.'s
activities stitated a"normal lima. practice" pursuant to the Act.
The neighbours also bring an action against the Minister of Health (the "Minister') for failing to
inspect the health effects of the alleged nuisance, despite several formal complaints launched over a
year prior to this action being brought. Minoore Inc. cross-claims in this act,:on, alleging that if it is
found liable in nuisance, its damages should be limited to compensation for the discomfort and
interference twit i the rias;icable iii;erfecmcc with the iart_t and .,,he Minister should assume any
losses over and above this amount with respect to any potential health consequences.
Analysis dor scenario #3
O 1'498. c.
Ptkke T,r Cm ,' s;,toprr:.o.-I rd [' ;yea i 7 involved an action by the residents of properties
in an agricultural use zoned area. The d-2terdiariats oh-it _red a mushroom farm. Odours emanated
from the mushroom hum causing the r'a.:= i severe d-:icomfoot, not dissimilar from the
discomforts described in cur .',i s'. oario The __ _;rt al oxei the action. The odours constituted a
nuisance and ihe tt,.i;'ndani: ..ere i'I i, ..ac .. t . _ _. .. 1b '.via not considered a 'normal farm
practice under he 1:9rr i practices
In our scer,xio a ck:cisiOi' o } _ 1L _ M7nooie Inc.'s operations fall within the
meaning- o -normal tar.i? the Act. it deference is given 1 to the Board's decision,
!v:ai oo _. Tat:. 0/01110 be st" iutoriiv martin ,, l orf, liability_ pursuant io s _(i l of the Act. which
pro id::'.',. ' , farmer is not liable in t?,lisarct' to any person for a disturbance resulting from an
agricultur t up..,Tation carried on a; 3 i,,J'rn? al hrm practice." This is a complete defence to the
action.
(Ye ac i-. negligence against ._ e 11'T.st ':. r,. .,.r_ despite the defence, however-, in light
of the aforementioned defence. the 'Linistemould nog be liable for the damages that would have
flowed from the nuisance claim. 11. the defence oranut available (as in illaticiraktai, the
Minister's alleged negligence may be a tactor of iiaoiitty for damages flowing from the nuisance.
SCIN.4RIO #4: -ba:t a Nuisance! - The ;'in..nfiBiitt
During a particularly vicious politleai ttrdibaittl . Fold, , . a local ME candidate attempted to
bolster votes by cilga i +f iii a too ._ 1 _tie_T _ n. 1 i13t..e. The :3litz. This initiative involved inundating
his riding with a myriad of promotional ieelinii.cies, including incessant telephone calls, door-to-door
pitches, marketing fivers and a 20 S'at !i '1t 3;'' M. the ltd;vii square. The residents of Eddy IN tiff's
riding have bro-ught an action ini'.-iii,a he :;a➢'4 sicking an immediate i-tjunctlon against
the initiative. The residents claim' that the campaign has severely interfered with the enjoyment of
their property. The non-stop phone calls and door-to-door pitches have caused several residents to
temporarily mom,e in with friends and family i., neighbouring districts in order to avoid the constant
annoyance of this nolitical barrag 7 he tl;:ti ha k. poliuuoi backyards and blown into the residents
11tWI: }.r;iJL _:U ! _it.-moi:' a1U:: c::i uIuIgittly a1iu tal,ily tI:I 1IJL1 UJIt-,
obstructing the view of the peau fu: landscape.
Did sous e liar f ilowi p t t a: ?s nee'''
• inL :.t,stri-„ phone call;
• dot) -to-door pitches
✓ bacv;;'acd pollutants
• c o`^ .: ..ginripes
inboard
C011cftlsh n
Nuisance ts about :he facts. mourk try to aeon: ;e}al ?beer, to ':heir common sense assessments of
whether a particular nuisance is actionable but at the SII: of the day it is all about the facts. And
what a"plant and sober-'person might think of them.
Couxt File No. 02/1499
IN r SUPERIOR COURT OF JUSTICE
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Smoke Chemistry
Chemical Composition of Smoke
Smoke consists of gases and airborne particles produces as a result of combustion or burning. The specific chemicals depend c.
the fuel used to produce the fire. Here is a look as some of the principal chemicals produced from wood smoke, Keep in mind,
there are thousands of chemicals in smoke so the chemical composition of smoke is extremely complex.
Chemicals in Smoke
in addition :. i the chemicals listed in the cable, wood smoke also contains a large amount of unreacted air, carbon
dioxide and water.
a. .:i
variabie amount of.moii,t s , s, "'i r,> ai' rutile organic compounds. Aldehydes found in v cod
smoky include lormalueh d , acrnlein, pr>pioi mJehyde, butryaldehyde, acetaldehyde and furfural. Alkyl benzenes
found in wood smoke include toluene, O-x e. uie mons aromatics include guaiacol, phenol, syringol and catechol.
Numerous PAils or polycyclic aromatic 11... -ocarbons are found in smoke. Many trace elements are released.
Chemical gikg Wood
carbon monoxide 80-370
methane 14-2 5
VOCs* (C2-C7) 7-27
aldehydes
substituted forams 0.15-1.7
alkyl benze nes 1-d
acetic acid _. _.4
formic acid 0.06-0.08
nitrogen oxides
sulfur dioxic 0.16-0.24
methyl chloride 0.01 -0.04
napthalene 0.24-1.6
substituted na thac_ s 0.3
s.y genated nior oas .'FIcs
total particle ._mass 1c
particulate o, _its ic -.,n 2_20
oxygenated 1'Ars 0,13-i
ii illr:''itlia x.' ' Hs i.'ti 10 ,-
chlorinated dioxins l x't, -4x1 1+`
normal alkanes (C2 d30'4 i c ID -6
sodium ll "
magnesium __-i xl
uminum lx ll)- ?.4x10
silicon Jx 10 4-3.1 x 10
suilut I 't. :,yxi+
.tori ne __ i
calcium 9x10-4-l.8x10
titanium 4x10-'-3x10-'
vanadium 2 x 10-'-4x 10.3
chromium 2x l0-'-3x 10-3
nanganese 7x 0---4x1
iron 3x104-5x10'
nickel l x l(-5-1 x 10
copper 2x I.., --9x 1
zinc 7x l e-,-8x 1 C-'
bromine 7\10 '-9x10-1
lead txtl? 3xly '
Refrence: 1993 EP.1 Report; A Summary of the Emissions Characterization and Noncancer Respiratory Effects of
Wood Smoke, EPA-.153%R-93-036
What Are the Health Risks of Wood Smoke?
Exposure to wood snl,tke can cause eye. nose and throat irritations, as well as headaches, nausea and dizziness. Wood
smoke can. =Sake asthma worse and it has been associated \zith an increase in respiratory problems.
Studies linked wood smoke exposure to increased hospital admissions, and even death, especially in large
populations where wood smoke is a significant contributor to indoor and outdoor air pollution.
Vood smoke can at-`e(°t.anyone but these groups are especially vulnerable:
• People wi ; .:xisting heart or lung problems.
• Children_ since thCr respiratory systems are still developing and because they tend to be more active and
inhale ;Tigre
I{Cart'; Canada
'
‘1,-.he-SC,gece
The Health Effects of Dioxins and Furans
Wood burning is a source of dioxins and furans in Canada
Scientists have studied the effects of dioxins and furans on laboratory animals, They have also researched the
health effects on people exposed to dioxins through industrial accidents, contaminated food, and occupational
exposure to certain herbicides prior to improved manufacturing processes that have reduced these contaminant.
The studies show that dioxins and furans have-the potential to produce a range of effects on animals and
humans. Health effects associated with human exposure to dioxins include:
• skin disorders, such as chloracne
• liver problems
• impairment of the immune system, the endocrine system and reproductive functions
• effects on the developing nervous system and other developmental events
• certain types of cancers
it is important to remember that with ail toxic substances, including dioxins, the risk of health effects depends
on many factors, including:
• the way a person is exposed (e.g., through food, air, water, etc.)
• how much a person is exposed to, and when (e.g., whether it is a large amount on one occasion, or daily
exposure to small amounts, etc.)
• individual susceptibility, including general state of health
• whether the person is also exposed to other substances that may be associated with health effects
The Health Effects of Dioxins and Furans
Wood burning is a source of dioxins and furans in Canada
'cientists have studied the elects of dioxins and furans on laboratory animals. They have also researched the health
effects on people exposed to dioxins through industrial accidents, contaminated food, and occupational exposure to
certain herbicides prior to improved manufacturing processes that have reduced these contaminants.
The studies shoe that dioxins and furans have the potential to produce a range of effects on animals and humans.
Health effects associated with human exposure to dioxins include:
• skin disorders, such as chloracne
▪ liver problems
• impairment of the immune system. the endocrine system and reproductive functions
i
• effects is on tine developing nervous s)stem and othei developmental events
• certain types of cancers
It is important to remember that with all toxic substances, including dioxins, the risk of health effects depends on
many factors, including:
• the way a n r s_ is exposed (e.g through food, air_ water, etc.)
• how much person is exposed to, and when (c,g., whether it is a large amount on one occasion, or daily
i 1 ..
exposure t alr amounts etc.)
• individual susceptibility, including general state of health
• whether the person is also exposed to other substances that may be associated with health effects
Grounds Cited for Accommodation
1; Canadian Charter cif Rights and Freedoms
15. !1j Every individual is equal before and under the law and has the right to the equal protection and
equal benefit of the law without discrimination and, in particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or mental or physical disability.
The Charter also protects the basic human, rights to lite, liberty and physical and psychological safety (or
"secJrity of the person").
Ryan v, >„Cia ;a ('City), [1999] 1 `SCR 201, 1990 Can._i' 206 (SCC)
3) The Municipality by passing an open burning bylaw creates an acute property and health threat to its
residents would not meet a prima facie duty of care hence failing the Anns/Kamloops Test subjecting
itself to potential litigation.
4! Section 245 of the Criminal Code of Canada states the following:
245. Administering noxious thing
245. Everyone who administers or :.:muses to be administered to any person or causes any person to take
poison or any other destructi re or noxious thing is guilty of an indictable offence and liable
al to imprisonment or a term not exceeding fourteen "sears, if fie intends thereby to endanger the life
of or to cause odiii ham-, to trial- person:: o'
b to imprisonment for a term not exceeding _vt,e years,. if he intends thereby to aggrieve or annoys that
person.
R.S.; c. C-:54. s. 229.
According to many bothered neighbors and also many researchers in environmental epidemiology,
wood smoke is destructive, noxious, endangers life; causes bodily harm, aggrieves and annoys. What
more is needed to ban wood smoke near others 'n crowded areas? Of course "the dose makes the
poison" but it ,iow car see or smell wood smoke that dose is excessive and should be handled by the
above saw.
18 Wynford Drive,Suite 401
Toronto,ON Mk OK8
416.864-01i 1
THE LUNG ASSOCIATION' ;16.864'916 Fax
y(he you can't bi e tithe. nothing else maters.
Ontario Respirator Care society
Thursday, October-08-15 Ontario Thoracic tiaeiet.
The City of Niagara Falls
431C Queen Street, P.O, 1023
Niagara Falls, Ontario
Canada
L2E 6X5
Re: Altering Backyard Fire Pit Bylaw.
Dear Your Worship Mayor Jim Diodati, Niagara Falls Councillors, Chief Lee Smith, Niagara Falls Fire Department
aid Mr. Todd Bruni.ing, President of the Niagara Falls Professional Fire Fighters Association:
On September 18th, 2014, Your Worship attended a radon mitigation event with Mike Holmes, Canada's
friendly handyman. it was here we learned that radon, an odorless and colorless gas, can have a devastating
impact on the 'ung health of Niagara citizens.
It was also here where the Ontario Lung Association had the privilege of meeting his Worship for the first time,
and where we were able to briefly talk with Your Worship about the work we do to protect the lung health of
all Niagara residents.
As Your Worship saw, lung health affects us all. From the very young, the very old and those with IL,ng disease.
As Niagara is becoming a place to retire, work arid pray,there always remains a pressure to protect those living
with lung disease and zo protect those from succumbing to lung disease.
This is why we are writing to each of you today..
The C.;ntaric _ r.g Association has heard that Council is debatog Niagara's backyard fire pit oylaw, While we
can all agree on a cold winner night, the smell of wood smoke car, stir up warm cozy memories, smoke can also
result n r',;a;n i olictants going into both outdoor and indoor air.
Did you know that wood smoke is estimated to account for 10%of middle ear infections,can cause
bronchiolitis-a lung infection that is the number one reason for infant hospitalizations-and for childre and
adults with asthma, wood 'smoketan aggravate or exacerbate their asthma. For adults with preexisting hear:
and lung conditions,wood smoke has been linked to increased severity of symptoms in people with COPD and
increases the risk of deveicping heart attacks or stroke. Even healthy individuals who take in high levels of fire
particles may experience burning eyes and headaches.
So wily pollute the atmosphe:e when we are aware of the health effects on the population, particularly the
vulnerable o seniors and ur children'
riotonly does t'i'ke affect residents, i;•_!t what about Niagara's froth. line Firefighters?
Even with the best prntectmr' available, file Lighters are expose'i co zancer••causing toxins from wood 'burning
fires, in addition to the:'nu:tiple chemicals and plastics wn h n hay attend to a fire.
l;Qr'.:7ri.,foT; Carlad!al crrph, tlz2 Can=r„art Cancer t"Ound3iF3n I "Jh3l':`ait1.'8 s?2atslraUo,i NG. 12404 r ioc-?Rii0(3[
Mark McKinnon, President of the Ontario Professional Fire Fighters Association(OPFFA),said that he is
"grateful that the government recognized the frightening reality that fire fighters are exposed to countless toxic
substances in the course of their duties", when addressing the Ontario governments change in Presumptive
Legislation.
Be it a fire-fighter or resident, a child or a senior,our lung health is too important to our lives. We therefore
ask you to consider prohibiting low recreational fires on residential properties indefinitely.
Respectful, submitted,
Conniegoy
Quality Specialist
lnrario lune rkssociaticn
} cchoy@on. t.+r,g.ca
r) 416-864-9511 ext: 261
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Dean lorfida, City Clerk
Date: November 24, 2015
Re: Epinephrine Auto Injectors (Epi-Pens)
The matter noted above was first dealt with by Council in 2014. There were some
outstanding matters related to the issue. Below are comments from the writer, the Fire
Chief and the Medical Director for the Fire Department, who will be available to answer
any questions.
For ease, the information is presented in a Q&A format:
What was the status of Council's motion's on the "Epi-Pen" issue from 2014?
In 2013, Council passed a motion asking staff to investigate the Hamilton By-law that
requires restaurants to have Epi-Pens.
Hamilton did not have such a by-law, however, it did, through their Public Health
Department, initiate a pilot project with McMaster, local Rotary Clubs and industry
stakeholders related to the provision of Epinephrine Auto Injectors. Security guards at
Jackson Square were trained and outfitted with EAI's.
On May 13, 2014, staff brought forward a report recommending that the Public Health
Department of the Regional Municipality of Niagara be formally requested to monitor the
Stock Epinephrine Auto-injector Pilot Project, overseen by the City of Hamilton, and, if
the pilot project is successful, consider implementing such a program in Niagara.
Council passed a motion that the City take a lead by investigating the provision of EAI's
at all City facilities and on all Fire Trucks. A follow-up staff report recommended that
EAI's go on the Fire Trucks but not at all City facilities, as advised by the Medical
Director for the Fire Department, Dr. Doug Munkley. Council approved the provision on
Fire Trucks and that staff seek a legal opinion on regarding equipping all municipal
buildings.
A Great City ... For Generations To Come
What is the status of the Hamilton Pilot Project?
The pilot project has been extended another year, until September 2016. Public Health
Services felt there was a need to get further data. The plan is to add some stand-alone
restaurants, located in Jackson Square, and extend the project to another mall in
Hamilton. According to Hamilton newspaper reports, the other malls approached have
concerns about participating in the project.
Have security guards at Jackson Square had to administer EAI's?
Although more than two dozen reports have been generated, to date, no EAI's have
been administered. One critical incident did occur, where security attended an
individual having an allergic reaction, however, the individual self-administered their
own EAI.
Are the City's Fire Trucks now equipped with EAI's?
Yes, as of March 1, 2015 all Fire Trucks are equipped with EAI's.
What have the results been?
There was one incident at a sports field this past summer where Fire personnel did
administer an EAI.
Has the Medical Director's position on EAI's at all City facilities changed since
last year?
No, as the attached letter from Dr. Doug Munkley, the Medical Director of the Niagara
Fire Fighter Defibrillation Program, indicates, he is still of the opinion that access to
EAI's is by "no means an accepted public health measure".
What proactive measures could the City take in training City staff to recognize
allergic reactions?
Dr. Munkley does indicate that an awareness program, especially in the recreation and
works departments, may provide some benefit.
RECOMMENDATION: For the Information and Consideration of Council.
A Great City ... For Generations To Come
Dr. Doug Munklev
Medical Director: Niagara
Fire Fighter Defibrillation Program,
Box 1QT81805
aia ara-o _ the-LaKe, ON, LOSIJO
November. 7, 701;
Dear Deputy Chief Boo
RP' Epinephrine treatment for n oh,,, ia:ds at City of Niaga_a Falls properties
i am writing to address questions from City Council regarding the
advisability of making epinephrine treatment available in public buildings for
use on individuals withsevere allergic reactions (anaphylaxis), in Jane of
20131 alsogave advice on this is=sue and that letter j,ljil! be attachedbelow.
Food allergies of ect abo:.ai_ 1 person ni 15. There r ave been severaltragi'
WPII publicized de the from food allergy including a 17 year old girl in a
7
Burlingtone mall in 201 . However,er,, al " oug food allergies a e very com io .
death from food allergy is extremely rare.
According to AnaphylaxisCanada ire C tiv renamed Food Allergy i
I?
in Ontariothere were only 2 deaths caused food allergyfrom
?003-?1,
Th-rewere 13 deaths in tine sametime period from an iph-vlaxis, most due t-
medication allergy and to ' - 8 nFrJ.Yg insects, D e t' is arare complication o t
anaphylaxis and often occurs when
911 has not been railed.
By v` i'i s comparison same timeperiod approximately 55,00
people in Ontario would have died from sudden cardiac arrest, for which first
responders ai dti'e public cian treat with Defibrillators. Also in that same time
.
period a'-out 5,400 people in Ontario rio would have died from accidental opiate
'
_-a. :.'ti_ rain killer) overdo !o_ w7;,c1-1 first respondersresp can treat with a
drugniaio Iot .
1r \ -Jf an .r. -, _ , the _.. ..?.s i. t tie j._ 3'_ 1 ., rix '.ialiii_lton has be.ey.operh
.,_ .., -xo _ ext_c i t s .i-*'. .__9 ._ ,. _. d
guards and food service managers were given first aid training and training to
use Epinephrine injectors. The City of Hamilton has approved up to $82,000
from a tax reserve to finance the program. The "Allerject" auto-injectors were
donated by the drug company.
To date, there has been no use of epinephrine injectors in this program.
There are no other programs of this type operating anywhere else in
Canada as far as I am aware through both personal communication and a
literature search. Also, I believe that there are no others like it in all of North
America.
Hamilton Recreation Department has taken the initiative to require an
"anaphylaxis plan" for all participants in City programs. This is very similar to
the anaphylaxis plans that are mandatory in all schools and daycares in
Ontario under Sabrina's Law, and for Ventolin use for asthma under Ryan's
Law. These plans require persons using these facilities to register and provide
the medication to the City for use in an anaphylaxis emergency. (IE if your
child has a bee sting allergy and was participating in swimming lessons at a
City run pool they could register for this program). A consent form is signed
prior to entering the program.
Use of epinephrine in young healthy people suffering a true allergic
reaction is safe. However, in people with heart disease or in those in whom
the symptoms are not truly allergic, then there is a significant health risk to
the use of this drug. First aid training and continuing education in the use of
the medication is needed. I think that first aid training in North American will
likely expand to train persons on Epinephrine in the future. But, any sort of
safe public access epinephrine use as set up by a municipality would be costly,
likely involves some liability risk to the city, and I feel is a long way off.
Epinephrine is widely available. Auto injectors may be purchased at a
pharmacy by people with allergies without a prescription. Epinephrine is part
of the treatments provided by trained City Firefighters and Regional
paramedics.
My medical opinion, as a specialist in emergency medicine and in
prehospital care, is that having epinephrine auto injectors available for use by
the public in City owned buildings is not advisable. This practice is by no
mean? an accepted p_ihi_ health measure at this time. Furthermore, in my
opinion. training and equipping City staff to deal with allergic reactions at
selected City sites would be costly and provide very little protection to the
My medical advice is that if there is an allergic reaction in a City facility, then
call 911,
Nevertheless, an 'anaphylaxis af en, s., program for Citystaff especially
those in therecreation an_d works departments, an anaphylaxis
' , or l
questionnaire t7" those taking p. t in City run
?eLreHt.1n programs
rans I??ay
provide some benefit.
Yours sincerely,
Dr. Doug iMtonkiev
8. 1
CITY OF HAMILTON
PUBLIC HEALTH SERVICES
ll ll Office of the Medical Officer of Health
TO: Mayor and Members
Board of Health
COMMITTEE DATE: August 13, 2015
SUBJECT/REPORT NO: Stock Epinephrine — BOH13040(a) (City Wide)
WARD(S) AFFECTED: City Wide
PREPARED BY: Brent Browett
(905) 546-2424, Ext. 2230
SUBMITTED BY: Elizabeth Richardson, MD, MHSc, FRCPC
Medical Officer of Health
Public Health Services Department
SIGNATURE:
I
RECOMMENDATION
(a) That the Stock Epinephrine Auto-injector Pilot Project be extended to September
30, 2016,
(b) That the Mayor and Clerk be authorized and directed to execute all agreements
and any necessary consequent or ancillary documents in a form satisfactory to
the City Solicitor and with content acceptable to the Medical Officer of Health,
and
(c) That Hamilton Public Health Services report back following conclusion of the Pilot
Project.
EXECUTIVE SUMMARY
The Stock Epinephrine Auto-injector Pilot Project was fully implemented at Jackson
Square, Hamilton on September 2014. Since that time, McMaster University,
Anaphylaxis Canada and City staff have been monitoring the project that is being
provided by security services at Jackson Square. To date, there has been no direct
administration of stock epinephrine with any persons by security staff. There have been
occurrences where security staff have encountered or have been activated for persons
in the mall thought to be having an allergic reaction. Concurrently, McMaster University,
Anaphylaxis Canada and project team members have been continuing to negotiate to
OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities.
OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner.
OUR Values:Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork
SUBJECT: Stock Epinephrine BOH13040(a) (City Wide) -
Page 2 of 4
have other malls and/or food outlets participate. Tim Hortons and The Works in
Jackson Square are prepared to join the pilot project and adding other sites would
enhance the strength of the findings. See Appendix A and B for further details.
The current agreements expire in September 2015. The current pilot project
participants are requesting to extend the pilot project to September 2016 to allow for
further evaluation. The rationale for extension is as follows:
• Stand-alone restaurants (Tim Horton's and The Works) were recruited late and
require time to collect meaningful data.
• The goal is to recruit one other mall in Hamilton to participate in the study, with the
assistance of City of Hamilton representatives.
• Additional funding has been received from AllerGen NCE to study knowledge
translation and sustainability factors. This will require additional time to collect data
in order to:
- Gain a more in-depth understanding of the factors that influence program uptake,
and explore knowledge user perspectives through in-depth one-on-one interview.
- Understand how to potentially sustain and scale-up the program beyond the pilot
study.
Alternatives for Consideration - See Page 3
FINANCIAL - STAFFING - LEGAL IMPLICATIONS (for recommendation(s) only)
Financial: No financial implications currently identified. McMaster University and
Anaphylaxis Canada have identified alternative funding sources to extend the pilot
project for the time requested.
Staffing: Public Health Services staff overseeing this project will continue in this
capacity. It equates to approximately 1-2 hours per month.
Legal: Legal Services (City Manager's Office) and Risk Management (Corporate
Services) will continue to be involved in providing legal advice during this pilot project
planning and implementation.
HISTORICAL BACKGROUND (Chronology of events)
On October 21 , 2013, the Board of Health directed Hamilton Public Health Services
(PHS) to "work with Dr. Waserman at McMaster University and Anaphylaxis Canada to
develop an epinephrine auto-injectors (EAIs) pilot program in food outlets by March 31,
2014 at either a Hamilton mall, or nationally recognized food outlet chain". Since that
time Hamilton PHS has been working with Dr. Waserman and Anaphylaxis Canada to
implement this project, and the City Solicitor has been reviewing the related legal
implications.
If a person has a severe allergic reaction in one of these sites and the person does not
have their own epinephrine and/or they are unable to administer the epinephrine, then
OUR Vision: To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities.
OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner.
OUR Values:Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork
SUBJECT: Stock Epinephrine BOH13040(a) (City Wide) -
Page 3 of 4
the security officer and/or senior free standing food outlet operators has stock EAls and
the training to provide the administration to a person suffering from a potentially life
threatening allergic reaction.
The Hamilton pilot project is also promoting personal accountability plans by those that
have their own EAI and general public education regarding food safety and related
emergency actions.
The pilot project started in September 2014 at Jackson Square and a preliminary report
has been provided by McMaster University and Anaphylaxis Canada. An extension to
the pilot project has been requested to collect additional data and to provide an
opportunity to recruit additional sites.
POLICY IMPLICATIONS AND LEGISLATED REQUIREMENTS
Subject to the negotiations with outside contractors, PHS is asking to continue to have
the Purchasing Policy waived as it may apply to receiving competitive bidding for
research and evaluation support, project management and training support.
RELEVANT CONSULTATION
The Stock Epinephrine Pilot Project participants were consulted.
City of Hamilton Legal Services was consulted on the necessity for a council approved
recommendation to extend the agreements reached with the parties to continue the pilot
project and to add new sites.
ANALYSIS AND RATIONAL FOR RECOMMENDATION
(Include Performance Measurement/Benchmarking Data if applicable)
See Appendix A and B
ALTERNATIVES FOR CONSIDERATION
(Include Financial, Staffing, Legal and Policy Implications and Pros and Cons for
each alternative)
1) An alternative is to end the pilot project in September 2015 and consider permanent
implementation city-wide.
Staff does not recommend this, as there is insufficient data to date to provide a
reasonable recommendation in this regards which could expose the City to addition cost
and risks without sufficient data to support this.
2) Another alternative is to end the pilot project and not continue any further activity
related to Stock Epinephrine at food outlets and malls.
OUR Vision: To be the best place in Canada to raise a child,promote innovation, engage citizens and provide diverse economic opportunities.
OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner.
OUR Values:Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork
SUBJECT: Stock Epinephrine BOH13040(a) (City Wide) -
Page 4 of 4
Staff does not recommend this, as there is insufficient data to recommend this action
and the participants are prepared to continue for another year to collect the data without
any further financial compensation from the City of Hamilton. Having the additional
information is important for City staff to provide the appropriate advice to the Board of
Health.
ALIGNMENT TO THE 2012 — 2015 STRATEGIC PLAN
Strategic Priority #1
A Prosperous & Healthy Community
WE enhance our image, economy and well-being by demonstrating that Hamilton is a
great place to live, work, play and learn.
Strategic Objective
1.5 Support the development and implementation of neighbourhood and City wide
strategies that will improve the health and well-being of residents,
Strategic Priority #2
Valued & Sustainable Services
WE deliver high quality services that meet citizen needs and expectations, in a cost
effective and responsible manner.
Strategic Objective
2.1 Implement processes to improve services, leverage technology and validate cost
effectiveness and efficiencies across the Corporation.
2.3 Enhance customer service satisfaction.
Strategic Priority#3
Leadership & Governance
WE work together to ensure we are a government that is respectful towards each other
and that the community has confidence and trust in.
Strategic Objective
3.4 Enhance opportunities for administrative and operational efficiencies.
APPENDICES AND SCHEDULES ATTACHED
Appendix A to BOH13040(a) - Progress report from McMaster University
Appendix B to BOH13040(a) - Interim Report from Anaphylaxis Canada
OUR Vision:To be the best place in Canada to raise a child,promote innovation, engage citizens and provide diverse economic opportunities.
OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner.
OUR Values:Accountability, Cost Consciousness,Equity,Excellence, Honesty, Innovation, Leadership, Respect and Teamwork
Appendix B to BOH13040(a)
Page 1 of 2
Anaphyla his Canada
Hamilton Stock Epinephrine Auto-injector Pilot Project
Anaphylaxis Canada Interim Update Report: November 2014 to June 2015
The following provides an update on action items included in our November 2014 update
report:
1. Confirm date for Public Information Session with Dr. Susan Waserman: Schedule for Q1
2015 (i.e.January to March).
Status: Due to scheduling conflicts, date was postponed. Confirmed Date: Monday,
September 21, 2015; Anaphylaxis Canada and City of Hamilton staff looking into sites.
2. Collaborate with McMaster University on execution of consumer/foodservice surveys.
Status: Completed consumer survey draft and reviewed edits made by McMaster research
team; promoted online consumer survey through Anaphylaxis Canada membership (3 e-
bulletins) and social media (Twitter, FaceBook) in February 2015. Participation exceeded the
research team's targeted number of participants. Foodservice survey: provided and edited
draft questions. Execution of survey in progress (McMaster research team).
3. Confirm next two orientation sessions with City of Hamilton staff and participants, subject
to discussions amongst City of Hamilton/ prospective participants.
Status: Sessions for staff at Anchor Bar and Tim Horton's was organized, as per below,
however, there were no representatives from the City or research team, due to other
commitments.
4. Host 2 sessions by March/end and secure donations of EpiPen® and Allerject TM resources
from Pfizer and Sanofi - (Date TBD) subject to availability of prospective participants and
AC trainer.
Status: The program for the April 13, 2015 session was customized for the attendees (i.e.
managers and staff of both operations at one session). One person from the Anchor Bar and
4 staff from Tim Horton's attended the session, which included a pre-/post-survey, was
conducted in 2 hours. We arranged for the delivery of free auto-injector devices (EpiPen
and Allerject) for the participating organizations from the pharmaceutical companies (Pfizer
and Sanofi). Marilyn also met with the Intelligarde Manager on April 13, 2015 to answer any
questions/ concerns (staff was trained late/2014) and review their progress (i.e. new staff
orientation, devices being carried by security guards and replacement for pouches).
1
Appendix B to BOH13040(a)
Page 2 of 2
5. Marilyn Allen to:
a. Continue with follow-up and support of training participants post-sessions.
Status: Marilyn followed up with managers at the Anchor Bar and Tim Hortons on April
15, 2015 regarding receipt of the EpiPen devices/boxes, responses from pre-/post-
survey (incorrect answers), and discuss Allergen Training Basics course (Anchor Bar). She
also contacted managers from Anchor Bar, Tim's and Intelligarde to advise them about
Sanofi's Voluntary Product Recall (2 Lots of Allerject 0.15 mg/0.15 mL epinephrine
injection, distributed as of June 1, 2015) and instructed them to check lot numbers on
Allerject devices they had received.
b. Work with participants to update emergency response plans.
Status: A revised emergency response plan was put in place for the June 2014 training of
the security staff. There was agreement that the plan should be reviewed by
representatives from the City of Hamilton's Public Health Div., Hamilton Paramedics,
Intelligarde Security and Rea! Properties Ltd., the McMaster research team (Dr.
Waserman/Ernie Avilla) and Anaphylaxis Canada at a later date. Marilyn sent the
research team a copy of the revised emergency response plan June 2015 in preparation
for a meeting to discuss the revisions. A meeting date for September 2015 will be
confirmed.
c. Prepare summary of pre-/post-session quizzes - by June/end.
Status: Pre-/post survey results (April 13th session) were sent to the McMaster research
team following the training session.
6. Wrap-up:
a. Set up debrief conference call or meeting with City of Hamilton and McMaster
University teams to discuss project/ any future steps —June/beg or May/end.
Status: As a request to extend the project will be submitted by City staff, this has not
been completed.
b. Prepare summary report mid-June and final invoice.
Status: Anaphylaxis Canada to submit invoice for final payment (10%) by late July along
with Interim Report. (Final report to be completed at later date, determined by project
extension date.)
Hamilton Stock=pineohrine Auto-infector Project-AC Irterim Report Wu,/7.2,20151 doc
2
/Appel IUTA h w ovn I JU'fU(,d J
Page 1 of 2
Development and implementation of an epinephrine auto-injector pilot program
in the City of Hamilton
Progress Report
July 21, 2015
Objectives of this pilot study are to:
• To better understand how "stock" EAI (eg, EpiPen, Allerject) can be best implemented in food service
outlets/restaurants
• To develop a plan and implement a pilot study that will provide EAI access to trained security guards and senior
restaurant management staff in up to 3 Mall settings in Hamilton, Ontario
PHASE 1: PRE-IMPLEMENTATION CROSS SECTIONAL SURVEYS
1. Highlights of SURVEY of food-allergic consumers: COMPLETED
• A total of 1524 responses (Target sample 323) a 6% received assistance from food-service staff
• 47%from Ontario (34 responses from Hamilton) • 78% choose specific restaurants because of their
o 21% Western Canada including Yukon/NWT allergen policy and availability of ingredient list
o 7% Eastern Canada including Quebec • 78% would feel more comfortable while dining out
o 25% no response if staff had food allergy training
• 17% dine out once per week • 45% would feel more comfortable while dining out
• 43% dine out once or twice per month if stock epi was on premises
• 31% experienced allergic reaction while dining out
2. SURVEY of restaurants personnel: IN PROGRESS
• Target sample 196 respondents and in-progress with Restaurants Canada
PHASE 2: DEVELOPMENT AND PLANNING
3. Central management team:
• Susan Waserman, MD— McMaster University • Laurie Harada —Anaphylaxis Canada
• Ernie Avilla —McMaster University • Marilyn Allen —Anaphylaxis Canada
• Brent Browett—City of Hamilton • Marty Schure— Rotary Club
• Ninh Tran, MD—City of Hamilton • Frank Stechey— Rotary Club
4. Program funding;
• City of Hamilton
• AllerGen NCE for knowledge translation and sustainability study
• EAls: Provided In-Kind from the Makers of EAIs
5. Study participant recruitment
• Lloyd D Jackson Square (Yale Properties) agreement executed
• Tim Horton's Jackson Square agreement executed
• Anchor Bar Jackson Square agreement pending final signatures
FEAST-PILOT STUDY-PROGRESS REPORT-JULY 21,2015 1
r1 NCi IUTA n w Dvn I JU'fUta)
Page 2 of 2
6. Education and Training
• To date the following have undergone training
• 25 Lloyd D Jackson Square Security Guards
• 4 staff from Tim Horton's Jackson Square (Preliminary)
• 1 staff from the Anchor Bar Jackson Square (Preliminary)
• 100%felt confident in their ability to use an epinephrine auto-injector and found training very effective
PHASE 3: IMPLEMENTATION OF EAIs
7. Mall Setting: Jackson Square Food courts and other public spaces
• Started program September 2014
• Trained security personnel carry the EAl
• Site specific emergency plan developed and implemented
• Critical incident reporting plan developed and implemented
• Security staff completes a report and submits online to the McMaster research team every 2 weeks. There have
been 26 reports submitted to date.The feedback collected to date:
o Security was dispatched once to address a customer's questions about their food allergy.
o The EAI was taken out of its emergency toolkit 3 times by the security guards during a shift change. Some
prefer keeping the cases on their belts and just exchanging the EAIs.
o 1 Critical incident report completed June 8, 2015 -A woman had an allergic reaction. She self-injected with
her own EAl and was observed by security until EMS arrived to transport her to hospital
• The project has not incurred additional operational costs
• On average, 15 minutes of time is spend on activities related to the Epinephrine Auto-Injector project; mainly due to
shift changes; exchanging of EAls and completing research report
8. Stand-alone restaurants setting: Tim Horton's &The Anchor Bar,Jackson Square
• April 2015 initiated process to become pilot participants
• Orientated senior restaurant management who will be later training other staff members
• EAls accessible in secured location behind the counter and a back-up in first aid kit
• Site specific emergency plan developed
• In process of finalizing critical incident reporting plan
RATIONALE FOR EXTENSION OF STUDY
• Stand-alone restaurants recruited late and require additional time to collect meaningful data
• Goal to recruit one other mall in Hamilton to participate in the study, with the assistance of City of Hamilton
representatives (Councillor Lloyd Ferguson/ Brent Browett).
• Additional funding received from AllerGen NCE to study knowledge translation and sustainability factors. This will
require additional time to collect data in order to:
o Gain a more in-depth understanding of the factors that influence program uptake and explore knowledge
user perspectives through in-depth one-on-one interview
o Understand how to sustain and scale-up the program beyond the pilot study
FEAST-PILOT STUDY-PROGRESS REPORT-JULY 21, 2015 2
R&C-2015-16
Niagara a11s November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Recreation & Culture
SUBJECT: R&C-2015-16
Outdoor Pool Review
RECOMMENDATION
1. That the Buck Hinsperger small wading pool be decommissioned in 2016. And that
staff engage stakeholders to develop a master plan for Chippawa Lions Park to
determine possible park improvements including a splash pad, basketball courts,
Skateboard Park, playground and additional parking area.
2. That the Niagara Falls Lions Pool be closed for the 2016 summer season and that
staff evaluate the impact on the neighbourhood.
3. That City Council refer the recommended projected capital repairs to the 2016 and
future capital budget process. And that staff continue to monitor the capital and
operating costs for the summer pool operation.
4. That the four outdoor swimming pools operate as follows;
• F.H. Leslie and Prince Charles outdoor swimming pools operate from Thursday,
June 30 to Sunday, September 4, 2016 (9.5 weeks).
• Buck Hinsperger, large pool and SCVFA Pool at E.E. Michelson Park, operate
from Thursday, June 30 to Sunday, August 28 (8.5 weeks).
EXECUTIVE SUMMARY
The City of Niagara Falls operates five outdoor pools located throughout the city, built
from 1969 to 2003. Gross operating costs for the outdoor pools maintenance and
programming is $583,000 with offset revenues of $24,500. In 2015 the two month
operation served approximately 27,500 participants. At the present time the City offers
free public swimming. In order to cover all of the operating cost approximately $18.20
per visit would need to be charged based on 27,500 visits over a two month season
(2015 attendance number). The recommendation to reduce the number of outdoor pool
facilities is due to the decrease in participation numbers combined with the increase in
utility costs, high operating costs, accessibility issues and future capital expenses.
AquaPlans, Aquatic Design Consultants was hired to complete an audit on the five
pools. The report strongly recommends the City make improvements to the pools to
comply with the current Ontario Building Code (OBC) and to improve the overall safety
2
R&C-2015-16
November 24, 2015
of the swimmers. Total cost to recommend all of the report recommendations is
$854,000 (attachment #1).
An accessibility audit was also conducted; currently the five outdoor pools and buildings
are not accessible. In order to improve the accessibility a ramp or beach entry will need
to be constructed leading to modifications of the pool's structure and operating systems.
Staff reviewed the current facility conditions, location and recommend two pools; FH
Leslie pool (centrally located) and Buck Hinsberger Pool (located in Chippawa), be
modified for approximately $55,000, in order to adhere to basic accessibility standards
(attachment #2).
BACKGROUND
Five to ten year capital plans have been developed for the City's major facilities. To
effectively plan and maintain the outdoor swimming pools a comprehensive review was
completed this summer. Over the last ten years minor capital repairs have been
completed at the pools including the installation of pool liners, pool building roof repairs
and minor repairs to the mechanical systems.
Aqua Plans visited each pool facility to determine if the pools met current Building Code
and if there were any outstanding safety issues. At present time the pools are not
compliant with the Virginia Graham Baker Act. This Act is not enforced in Canada but
any new Canadian pools are installed with compliant drains. All pools require new main
drain covers and skimmer grilles to reduce the risk of entrapment. Other
recommendations are related to the pool recirculation system to adhere to the Ontario
Building Code, Class "A" Public Pool requirements. Class "A" pool requires a water
turnover rate of at least 4 hours (or 6 times per day). All City outdoor pools require
improvements to their recirculation equipment, pumps and filters to meet the
recommended water turnover rate.
The consultant's report phased in the pool repairs ranging from immediate safety
requirement/operation to within two to three years. The total cost of the
recommendation repairs for four outdoor pools is $854,000. Projected cost for the
immediate recommended repairs is $148,000 not including accessibility improvements,
Niagara Falls Lions pool and the Chippawa wading pool repairs.
Sterling Frazer and Associates completed an accessibility audit this summer on the five
outdoor pools. None of all of the pools are considered accessible based on current
accessible standards. Some of the items that were identified are parking spaces that
are too narrow, improper marking on the parking lot surface, and lack of proper signage.
Three of the five facilities do not have wheelchair accessible washrooms or proper
access to the pools. Although it is not a requirement, the report included
recommendations to ensure the facilities adhere to the Ontario Building Code (2015)
and the Facility Accessibility Design Standards (FADS).
3
R&C-2015-16
November 24, 2015
Pool 2016 Recommended Improvements Cost
F.H. Leslie Pool • Main drain covers and skimmer grilles $100,000
(1969) • Automatic water level and backflow
Preventer
• Accessibility improvements to washrooms,
front doors, change rooms, entry transfer
stairs and accessible parking spot $35,000
NF Lions Pool • Main drain covers and skimmer grilles $340,000*
• Pool Liner
• New Filter and pumps
• Roof Replacement $10,000
Stamford Centre • Skimmer grilles $16,000
Volunteer • Automatic water level and backflow
Firemen's Pool Preventer
(1975)
Prince Charles Pool • Main drain covers and skimmer grilles $16,000
• Automatic water level and backflow
Preventer
Chippawa Lions— • Main drain covers and skimmer grilles $16,000
Buck — large pool • Automatic water level and backflow
(2003) Preventer
• Accessibility improvements: washrooms,
entry transfer steps and accessible parking
space/signage $20,000
Chippawa Lions— • Main skimmer grilles $65,000*
Buck —small pool • Install a second main drain
(wading pool) • Automatic water level and backflow
Preventer
• Repairs to pool wall cracking
• New pump
• Proper sized piping
Total: *Including items not recommended $508,000
Total: Including accessibility recommendations $203,000
Pool 2017 Recommended lm •rovements Cost
F.H. Leslie Pool • Install new piping $200,000
• Install new strainer
Stamford Centre • New Filter and pumps $100,000
Volunteer
Firemen's Pool
Prince Charles Pool • New Filter and pumps $100,000
Chippawa Lions— • Newp p g i in $120,000
Buck — large pool • Proper pump
Total: $520,000
4
R&C-2015-16
November 24, 2015
ANALYSIS/RATIONALE
Upon review of municipal Recreation Master Plans the adopted provisional standard for
outdoor aquatic facilities is 1:50,000. Several municipalities are moving away from
providing outdoor pools due to the high operating costs and short two month season.
The City of Niagara Falls currently operates five outdoor pools well above the provincial
standard. With the recommended closure of one pool complex, the City would still fall
above the standard provision level of 1:50,000.
The current outdoor pools are located geographically throughout the City. However
three pools - F.H. Leslie, NF Lions and E.E. Michelson are located within a few
kilometres of each facility. Based on attendance numbers, close proximity and required
capital repairs, staff recommend closing the Niagara Falls Lions pool. Before
proceeding with the decommissioning of the facility, recommend closing the pool for this
summer to evaluate the impact on the neighbourhood prior to recommending
decommissioning of the aquatic facility. The Niagara Falls and the Recreation
Committee have been informed of the possible closure.
Swimming continues to be a popular form of activity but more people have backyard
pools, cottages or prefer to swim at an indoor pool facility. This shift has resulted in a
decline of attendance at the outdoor pools.
City Pool Public Swim Attendance Numbers 2011-2015 (July and August)
Pool 2011 2012 2013 2014 2015
F.H. Leslie 15,192 12,809 11,315 9,765 12,443
Prince Charles 8,927 8,263 9,074 6,424 6,774
EE Michelson 8,463 6,333 7,181 3,967* 7,957
NF Lions 4,561 4,710 4,705 5,032 4,247
Buck Hinsperger 3,062 2,301 2,391 2,231 2,840
Summer Total: 40,416 34,416 34,666 27,419 34,061
MacBain CC 27,365 27,472 25,898 23,536
*closed early due to required maintenance
The other trend for outdoor aquatic facilities is the removal of wading pools. The City of
Niagara Falls has replaced wading pools with splash pads at F.H. Leslie, E.E.
Michelson and NF Lions parks. Upon review of municipal provisional standards for
wading pools there is some variance. Some municipalities base the standard on the
number of children in the community less than 9 years of age, 1:3000. Others base the
standard on overall population, 1:8500. Based on either standard the City exceeds the
provisional standard. The City operates at total of seven splash pads; four pads located
beside outdoor pools, two within City parks and one water feature/spray facility at a
park.
5
R&C-2015-16
November 24, 2015
The only remaining wading pool is in Chippawa, at the Buck Hinsperger aquatic facility.
The small wading pool is not accessible and is in need of immediate capital repairs.
Recommend decommissioning the wading pool and consider options for park expansion
including a future splash pad or other park amenities. A splash pad is recommended
over a wading pool because; the operation costs are lower, it meets accessibility
standards, lifeguards are not required, and it has a longer operating season. The
Chippawa Lions and the Recreation Committee were informed and support the removal
of the aging wading pool, support letter attachment #3. Staff will work with Chippawa
Lions and the community stakeholders to re-design the park.
Recommended future capital projects to enhance the Niagara Lions Park and Chippawa
Lions Park are as follows:
Niagara Falls Lions Park
• 2016: Renovate the existing park building located beside the splash pad to
house fully accessible washrooms and storage area ($100,000).
• TBD: Fill in the outdoor pool ($100,000).
Chippawa Lions Park
• 2016: Complete a master plan for the entire park facility. Implement phase one
removal of the wading pool/installation of a splash pad and renovating the tennis
court ($300,000).
• 2017: Further implement the master plan, may include new playground,
accessible parking area, improvements to the portable skateboard park (cost
TBD).
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Gross operating costs for the outdoor pools are $583,000 with offset revenues of
$24,500. The five outdoor pool facilities are maintained by Recreation & Culture arena
facility staff and programmed by seasonal staff. Estimated annual saving to program
and maintain four pools is approximately $60,000 for labour and a reduction of $23,500
in maintenance costs for a total savings of $83,500.
Staff are also reviewing other maintenance operation models to determine if there are
cost savings and efficiencies for Municipal Works staff team to maintain the pools and
parks or to consider contracting out the pool maintenance and/or the opening/closing of
the pools. In the past the pools have scheduled staggered closing dates to allocate
enough time for arena maintenance staff to close the pools prior to the fall arena
season. With the Gale Centre open year round it is a challenge to have all five pools
closed by mid-September.
Current and future capital costs will be saved through eliminating recommended repairs
to NF Lions Pool $350,000 and Buck Hinsberger small pool $65,000.
6
R&C-2015-16
November 24, 2015
CITY'S STRATEGIC COMMITMENT
Infrastructure Sustainability, to operate, maintains and upgrades the City's infrastructure
and other assets in an affordable, reliable, environmentally sustainable and integrated
way.
ATTACHMENT
1. Aqua Plans Pool Audit Report Summary
2. Outdoor Pool Accessibility Audit Summary (2015)
3. Chippawa Lions Support Letter
4. City of Niagara Falls Outdoor Pools Map
Recommended by: g , t ' ' ' "
Kathy Moldenhauer, Director of Recreation and Culture
Respectfully submitted: "2-4,LA744
p Y
Ken Todd, Chief Administrative Officer
ATTACHMENT #1
Breakdown and Budeet Prices:
All action recommendations are recommendations only, as all of these issues are grandfathered for code
versions when the pool was originally constructed, which is allowed. Actions that are labeled as
"Immediate"are actions which are considered safety concerns, or issues that can be easily addressed.
Other items can be addressed when the budget allows, or when undergoing a major renovation.
1) F.H. Leslie Pool
a. Install 3"Unblockable" Main Drain Covers
i. $9,000 -$10,000 (Recommend Immediate Action)
b. Install 16 Skimmer Grilles
I. $23,000 -$25,000 (Recommend Immediate Action)
c. Install properly sized piping to accommodate current flow rate
i. $160,000-$180,000 (Recommend Action within 3-5 years -when budget
allows)
d. Install a properly sized strainer to accommodate current flow rate
i. $18,000-$20,000 (Recommend Action within 3-5 years for budget allowance)
e. Install an Automatic Water Level and Backflow Preventer
i. $55,000 -$65,000(Recommend Action when budget allows)
2) Lions Club Pool
a. Install 2 "Unblockable" Main Drain Covers w/contrasting band
i. $3,000-$4,000 (Recommend Immediate Action)
b. Install 6 Skimmer Grilles
i. $8,000-$10,000 (Recommend Immediate Action)
c. Install an Automatic Water Level and Backflow Preventer
i. $4,500-$6,000 (Recommend Action when budget allows)
3) Stamford Centre Volunteer Firemen's Pool
a. Install 6 Skimmer Grilles
i. $8,000 -$10,000 (Recommend Immediate Action)
b, Install an Automatic Water Level and Backflow Preventer
i. $4,500-$6,000 (Recommend Action when budget allows)
4) Prince Charles Pool
a. Install 6 Skimmer Grilles
i. $8,000 -$10,000 (Recommend Immediate Action)
b. Install an Automatic Water Level and Backflow Preventer
i. $4,500-$6,000(Recommend Action when budget allows)
5) Chippawa Lions Deep Pool
a. Install 2 "Unblockable" Main Drain Covers w/contrasting band
i. $3,000 -$4000 (Recommend Immediate Action)
b. Install 4 Skimmer Grilles
i. $6,000 -$7,000 (Recommend Immediate Action)
c. Install properly sized piping to accommodate current flow rate
i. $95,000-$110,000 (Recommend Action within 3-5 years for budget
allowance)
d. Install a properly sized pump to accommodate current flow rate
i. $8,000 -$10,000 (Recommend Action within 3-5 years for budget allowance)
e. Install an Automatic Water Level and Backflow Preventer
i. $4,500-$6,000 (Recommend Action when budget allows)
6) Chippawa Lions Shallow Wading Pool
a. Install a second Main Drain
i. $12,000-$16,000 (Recommend Immediate Action)
b. Install 2 "Unblockable" Main Drain Covers w/contrasting band and Black Dot
c. $3000 -$4,000 (Recommend Immediate Action)
d. Install 2 Skimmer Grilles
i. $3,000 -$4,000 (Recommend Immediate Action)
e. Plug 2 existing skimmer Equalizer Lines
i. $200 -$300 (Recommend Immediate Action)
f. Install properly sized suction piping to accommodate the required flow rate
I. $20,000—$23,000 (Recommend Action within 3-5 years-when budget
allows)
g. Install a properly sized pump to accommodate required flow rate
i. $3,000 -$4,000 (Recommend Action within 3-5 years-when budget allows)
h. Install an Automatic Water Level and Backflow Preventer
i. $4,500 -$6,000 (Recommend Action when budget allows)
i. Repairs to pool wall cracking areas
i. $6,000 -$8,000 (Recommend Immediate Action)
ATTACHMENT #2
SFA 7it
September 28, 2015
Ms Kathy Moldenhauer,
Director, Recreation &Culture
City of Niagara Falls
7150 Montrose Road, Unit#1
Niagara Falls, ON L2H 3N3
Dear Kathy,
As follow-up to the Accessibility Audit of the 5 public pools performed by SFA,the majority of the
modifications highlighted in the report are in the form of labor costs. For example, reposition existing
items, such as coat hooks, paper towel dispensers,toilet tissue dispensers and sinks—at least some of
them, to provide options based on the needs of various users, including people with disabilities and
children. Reconfigure the accessible shower space in the private washroom at Leslie and encourage
staff to not use it as a storage room. The report provides the guidelines for positioning items to comply
with the published accessibility criteria.
There are some items that would benefit by being replaced, for example, exchange all the round handle
hardware with levers on the doors, sink faucets and shower faucets. In the price list provided (at the
end of this document) we have identified options for automated controls; while nice to have,they are
not required. Lever style handles are equally acceptable, and less costly in retrofit situations. We do
recommend that you replace the angled straight grab bar at the side of the accessible toilets with an L-
shaped grab bar, in our opinion it is a matter of
safety.
When considering how to make entry into the pools
more accessible, consider the pool transfer step as 8
an option. We have included pricing for an add-in
model (pictured Right)that does not require any
change to the physical structure of the pool or its
deck. --■'+11111"
,„;,
The advantage of the transfer step over a
mechanical lift is that it is an option for a person
who has limited or no use of his/her lower limbs. It
works for people who transfer out of wheelchairs, Accessible Transfer Steps with Platform
but may also be an appropriate option for a person
who is unstable on his/her feet and who feel insecure using either the pool ladder or the accessible
stairs (found at Stamford, Hinsberger and Leslie).
A mechanical lift mechanism is another option to enhance access into a pool. However, it is the feeling
of SFA that this is only appropriate for a very small portion of the population. It is unlikely that a person
who cannot self-transfer and needs a mechanical device such as the lift, will want to use an outdoor
public pool. Such an option is better suited for indoor pools that provide therapy training, or areas
where there are multiple users whose disabilities are heavily involved (such as people who are
quadriplegic).
Another argument against the mechanical lift mechanism is the intimidation factor. The process of
seeking out assistance from a lifeguard to activate the lift in itself is a deterrent. It draws attention to
the user and is a reminder of hospital equipment. It is unlikely that a person who uses a cane or crutch
would use the mechanism. But, a system, like the pool transfer steps, allows greater independence for
entry that is low profile and potentially used by more people is the better option. Once installed, it does
not require staff involvement and minimal maintenance.
Pricewise, the pool transfer step does have a relatively sizeable price tag, but what we have provided is
from a single supply source. There may be other options; including constructing a similar device locally
using the specifications listed in the report.
In order to make Leslie accessible the cost for parts would be approximately$17,000.00. This requires
the City to:
• Modify the front entrance powered door buttons. Exchange the small hard to see buttons with
larger ones that are easier to locate and which provide a larger strike plate. Relocate the
exterior controller away from the swing of the moving door. The cost for each strike plate is
$90.00 and requires an electrician to install.
• The accessible washroom needs to be emptied as a storage facility and access to the power door
controllers clear from clutter. Exchange the grab bar on the wall beside the toilet and the
smaller L-shaped grab bar in the shower($180.00 for the
two bars). Replace the toilet with one that is of proper ..
height ($519.00). Reposition the toilet tissue dispenser,
shower seat and horizontal grab bar in the shower area.
Add proper signage on the outside door of the washroom,
identifying its use from the pool deck.
• In the main change rooms, lower some of the coat hooks
to be wheelchair accessible/child-friendly. Combine two of
the change stalls into one large change stall and add a
fixed bench ($359.00). Add two grab bars on either side of
one of the urinals in the boys' washroom and change the
taps on at least one sink in both the boys and girls'
washroom with lever controls ($180.00 each). Lower the
Accessible Pool Stairs
paper towel dispenser.
2
• Access to the pool can be achieved by adding the transfer stairs with platform ($5,720.00) and
exchanging the current accessible stairs with stairs that have full length railings and color
enhanced edges ($4,800.00/see previous page).
• Paint the parking lot surface to include accessible parking in compliance with the AODA Design
of Public Spaces and add vertical signage in compliance with Section 11 of Regulation 581
Ontario Highway Traffic Act.
Hinsberger serves a different community, and has many accessible features in place which makes it
another viable option for an accessible pool. The cost to modify this location could be done for less than
$10,000.00. The front entrance door hardware is appropriate, albeit manual. Both the boys' and girls'
washrooms have accessible stalls. The angled grab bar at the side of the toilet needs to be exchanged
with L-shaped grab bars ($90 each). Replace the toilet with proper raised height($519.00 each) and
flush controls on the transfer side of the toilet. Relocate the toilet tissue dispenser to the proper
position. Replace at least one set of taps with lever taps ($180.00 each for sink and $60 for shower) in
both the boys' and girls' washrooms. In this case it is appropriate to remove the privacy panel beside
the urinal because it is too narrow of space between the privacy panel and the wall. Add a grab bar on
either side of the urinal. Since the pool stairs are part of the poured pool shell, extend the railing so that
it reaches the bottom step. And finally, add a transfer step with platform for access into the pool
($5,720.00). While there is no parking lot at this location, it would be appropriate to pave at least one
accessible parking space, provide proper signage and a clear path of travel from the parking space to the
front entrance of the building.
In both the above examples (Leslie and Hinsberger), the costs do not include taxes, delivery, or labor.
The audit report highlights additional changes that would increase the accessibility of the facilities, in
most cases it's a matter of moving existing items into positions that meet the accessibility standards.
For your convenience we have included a listing of items that could be used to enhance the accessibility
of the City's pool facilities.The product prices are current as of September 2015; installation, delivery
and taxes are not included.
Powered door opener system $1,600.00
Large powered door opener strike plate $90.00
Pool transfer steps with platform $5,720.00
Accessible stairs with full length handrails (retrofit) $4,800.00
Mechanical lift mechanism (depends on brand and features) $4,500-7,500.00
L-shaped grab bar(760 x 760mm) $90.00
Straight grab bar (600mm) $38.00
Raised toilet (430-460mm Left or Right flush) $519.00
Automated flush control for commercial toilet (retrofit) $750.00
3
Lever faucets $180.00
Automated sink faucet control $900-1200.00
Automated urinal flush control (retrofit) $700.00
Shower lever control $60.00
Shower bench seat $359.00
Offset door hinges $25.00
We trust this information is of value for you. We would be happy to assist in sourcing equipment at
such time as you are ready to do so.
Sincerely,
Brian Kon
4
Ii '1 P 1C(1 10115 Li
ATTACHMENT #3ilECE,EVIE
NOV 12 2015
Kathy Moldenhauer,
RECREATION & CULTURE
Director of Recreation and Culture,
MacBain Community Centre, Niagara Falls, ON, L2H 3N3
Dear Kathy,
The Chippawa Lions Club is aware of the intention of the City of Niagara Falls to remove the wading pool
in Chippawa Lions Park.
We understand the reasons for this and we support the removal of the wading pool.
We also support the replacement of the wading pool with a Splash Pad.This update would make a
welcome addition to the children's playground in the park.
Garth Hutcheon,
Chippawa Lions Club
November 12 2015
Attachment #4
Pool Locations
[irI
Mitchelson 31
Pool
).
1021
N.F. Lion's
Pool
30-A
',111:1C;
F.H. Leslie
Pool
14? )r129
1'4;2'0
IC' I
20 2
Prince Charles
Pool
2-/
27
Buck Hinsperger
Pool
• jasi‘
Distances
1. F.H. Leslie Pool to Niagara Falls Lion's Pool - 2.2 km
2. Niagara Falls Lion's Pool to E.E. Mitchelson Pool - 3.6 km
3. E.E. Mitchelson Pool to F.H. Leslie Pool - 4.5 km
CD-2015-10
Niagaranlls November 26, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Clerks Department
SUBJECT: CD-2015-10
2016 Council Schedule
RECOMMENDATION
That Council approve the proposed 2016 schedule.
EXECUTIVE SUMMARY
A proposed 2016 Council schedule is submitted for Council's consideration. Staff is
proposing that Council maintain a bi-weekly schedule until the end of April, to ensure
that all budgets are approved in a timely fashion. After April, a monthly schedule is
proposed. Public meetings under the Planning Act will be scheduled for 6:30 p.m., after
the budget process has ended, to avoid any gaps in the meeting schedule.
BACKGROUND
Rule 2 of the Standing Rules of Council (By-law 89-155) state that " ...meetings of the
Council shall be held in accordance" with a Schedule that forms part of the by-law. As a
result, on an annual basis, a new schedule is put forward for Council's consideration for
the upcoming calendar year.
Subject to Council's input, the by-law approving the schedule will be brought forward at
the final meeting of 2015.
ANALYSIS/RATIONALE
In preparation for the coming year's Council schedule, a review of the previous year's
meetings was done. The average Council meeting finished at 8:25 p.m. There was
little correlation between the length of the meeting and the frequency of meetings. For
example, although the single meetings in June and July were the longest of the year,
the single meeting in August was the shortest. Despite budget sessions at the
beginning of the year, those meeting were not appreciably longer because there
seemed to be a paucity of public meetings under the Planning Act at the beginning of
the calendar year. The lengthier Council meetings seemed to be more a function of
matters on the agenda that were more controversial.
2
CD-2015-10
November 26, 2015
The notion of a tri-weekly schedule, similar to the Region, is not recommended based
on the guiding principle of live Cogeco coverage. To ensure live coverage, our
meetings need to be scheduled on the second or fourth Tuesdays of the month.
Scheduling on the first or third Tuesdays will put our meetings in conflict, on the Cogeco
schedule, with Welland and Thorold. Based on the analysis of meeting lengths, staff is
recommending maintaining the bi-weekly schedule during budget season (until the end
of April) and then switching to a monthly schedule for the balance of the year.
Council is reminded that special meetings can always be called, if need be. This past
year saw two such special meetings called on specific controversial issues (Medicinal
Marihuana appeals (January 2nd) and Open Air Burning (August 19`h).
On a few occasions, Council was required to take a recess when it had completed the
agenda business prior to the statutorily scheduled public meetings under the Planning
Act at 7:00 p.m. The aforementioned time had been set to ensure the attendance and
convenience of members of the public. Staff feels that the public meetings under the
Planning Act can be scheduled a half an hour earlier, at 6:30 p.m., after the budget
process has been completed. It should be noted that some traffic matters that elicited
public attention were scheduled earlier in the agenda and there seemed to be no issue
as far as the public's ability to attend. Deputations and presentations will be flexibly
scheduled depending on the nature of business on the agenda.
A meeting focusing primarily on budget matters is proposed for January 12, 2016.
LIST OF ATTACHMENTS
• Meeting adjournment times and public meetings for 2015.
• Proposed 2016 schedule.
Recommended by:
Dean lorfida, ity Cl rk
Respectfully submitted:
Ken Todd, Chief Administrative Officer
2015 Council Meetings*
January 27 — 9:20 p.m.
February 10 — 8:10 p.m.
February 24 — 8:05 p.m.
March 10 — 8:35 p.m. — 1 Planning Public Meeting
March 24 — 9:35 p.m.
April 14 — 7:50 p.m. — 2 PPM
April 28 — 7:20 p.m.
May 12 — 8:55 p.m. — 2 PPM
May 26 — 8:25 p.m. — 2 PPM
June 23 — 10:25 p.m. — 2PPM
July 28 — 10:35 p.m. — 1 PPM
August 25 — 7:15 p.m. — 1 PPM
September 15 — 9:00 p.m. — 2 PPM
September 29 — 7:25 p.m. — 2 PPM
October 27 — 8: 55 p.m. — 3 PPM
November 10 — 8:05 p.m.
*Special meetings of January 2nd and August 18th not included.
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F-2015-44
Niagara,Falls November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: 2015-44
Monthly Tax Receivables Report— October
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 October 31, 2015 were $28.7 million
compared to $30.3 million in 2014. During October, tax receivables as a percentage of
taxes billed decreased slightly from 17.8% in 2014 to 16.4% in 2015. The City's finance
staff has had continued success in resolving properties that are subject to registration
for 2015. At this stage, 91.2% of properties have developed payment arrangements or
have paid in full. There are currently eighteen 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 October. Table 1 shows
that taxes outstanding at October 31, 2015 are $28.7 million. This represents a slight
decrease from $30.3 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
2
F-2015-44
November 24, 2015
these actions after ten months of activity. This table shows 91.2% of the tax accounts
or 355 properties have been paid in full or the owners have made suitable payment
arrangements. During October, four accounts were paid in full. In addition, the number
of accounts with suitable payment arrangements including full payments increased from
90.7% (September) to 91 .2% (October).
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 October, six properties were registered. The
outstanding taxes for registered properties represents 2.6% 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
October 31, 2015 is 16.4% which is a slight decrease from 2014's value of 17.8%. 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 October 31, 2015
Table 2 Taxes Receivable by Property Class at October 31, 2015
Table 3 Number of Properties Subject to Registration
Table 4 Scheduled Tax Sales Dates for Registered Properties
-'-161'(j.i)(/-
Recommended by:
Todd Harriso , Director of'Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A. Felicetti
TABLE 1
Total Taxes Receivable
Owing at October 31,2015 2015 2014
Outstanding Taxes @ September 30, 2015 $ 24,691,847 $ 25,526,604
Taxes Billed and Due October 31, 2015 $ 22,887,588 $ 22,157,484
Supplemental Due October 23 2015 $ 386,573 $ 631,506
Penalty charged in October $ 217,922 $ 249,008
Taxes Collected during October $ 19,436,950 $ 18,264,438
Outstanding Taxes @ October 31, 2015 $ 28,746,980 $ 30,300,164
Supplemental Due November 20, 2015 $ 386,573 $ 631,505
Total Taxes to be Collected $ 29,133,553 $ 30,931,669
TABLE 2
Taxes Receivable by Property Class
as at October 31,2015
2015 % of Class 2014 % of Class
Taxes Owing Taxes Owing
Residential $ 16,554,948 56.82% $ 15,891,139 51.37%
Multi-Residential $ 890,577 3.06% $ 752,513 2.43%
Commercial $ 10,829,346 37.17% $ 13,445,512 43.47%
Industrial $ 806,093 2.77% $ 801,209 2.59%
Farmlands $ 52,588 0.18% $ 41,296 0.13%
Total Receivables $ 29,133,553 100.00% $ 30,931,669 100.00%
TABLE 3
Properties Properties
Subject to Subject to cyo
Registration Registration
as at September 30, 2015 as at October 31, 2015
Initial Amount 389 389
Paid in Full 93 97 24.9%
Payment Arrangements 260 258 66.3%
Ongoing Collection 35 28 7.2%
Action
Registered 1 6 1.5%
389 389 100.0%
TABLE 4
Scheduled Number Taxes
Tax Sales of Outstanding
Date Properties Amount
May 2016 9 $ 649,509
November 2016 3 $ 36,706
May 2017 6 $ 63,705
Totals 18 $ 749,920
F-2015-45
Niagarap0 November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: 2015-45
Treasurer's Write Off Report
RECOMMENDATION
That the property tax accounts listed in Table I be written off and expensed in 2015.
EXECUTIVE SUMMARY
The City of Niagara Falls is responsible for billing and collecting property taxes on all
assessable properties within the municipality. These annual billings include the annual
taxes for the City, for the Region of Niagara and for the appropriate local school boards.
The City is charged with the responsibility of collecting said amounts. From time to time
the City is faced with the situation where tax collection options have been exhausted.
Tax write offs totalling $553,739 are being recommended in this report with allocations
to be made to City, Regional and School Board revenue. The City's allowance for tax
write offs has been budgeted and will be adequate to account for the City's proportionate
share of $303,971.
BACKGROUND
The City's Finance Division conducted a tax sale in November 2014 and May 2015. Tax
sales are conducted as the final step after all other collection actions have been
exhausted. As a part of the tax collection procedure, staff continues to actively pursue
delinquent property owners who fail to pay taxes for their property. In most cases, the
property owner will pay the balance owing but in some cases a tax sale is required to
resolve the outstanding taxes. Tax sales in 2014 and 2015 relate to properties that
were registered in 2012 and 2013 respectively.
In November 2014, fifteen properties were scheduled for tax sale. Of these, all resulted
in a failed tax sale. In May 2015, two properties were scheduled for tax sale. Of these,
one property was paid in full before the sale and one resulted in a failed tax sale. A
failed tax sale is one in which no bidders provide a submission for the tendered price
amount. The failed tax sale properties will become the City's property in 2015.
2
F-2015-45
November 24, 2015
ANALYSIS/RATIONALE
Section 354 (2) and 354 (3) of The Municipal Act, 2001 provides for the Treasurer of a
local municipality to remove unpaid taxes from the tax roll and may write off taxes after
an unsuccessful tax sale.
Section 354 (2) of The Municipal Act states that
The Treasurer of a local municipality shall remove unpaid taxes from the tax roll
if,
(a) the council of the local municipality, on the recommendation of the
treasurer, writes off the taxes as uncollectible, or
(b) the taxes are no longer payable as a result of tax relief under Section 319,
345, 357, 358, 362, 364, 365, 365.1 or 365.2 or a decision of any court'.
Section 354 (3) of The Municipal Act states that
'A local municipality may only write off taxes under clause (2) after an
unsuccessful tax sale under PART XI and may at that point write off the taxes
whether or not the property vests in the municipality under that Part'.
Since City properties are not subject to property taxation, the City must write off taxes
owing. Similarly, the Region and School Board taxes are written off and adjusted in the
year end reconciliation with those bodies. Therefore, the properties listed in Table 1
should be written off.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
As stated, from time to time, staff will identify amounts that cannot be collected. The
2015 General Purposes Budget includes an allowance for taxes that are deemed
uncollectible. Table 1 identifies an amount of $553,739 to be written off, which includes
amounts for the City, Region and School Boards. The actual City portion is $303,971.
The balance of $249,768 will be recovered from the Region and the School Boards.
Once the property taxes are written off, staff will be able to vest the properties to avoid
future taxation. Ownership of the properties listed will be subsequently reviewed and a
decision will be determined as to whether the properties in question should be retained,
or whether these should be deemed surplus land and subsequently sold.
LIST OF ATTACHMENTS
Table 1 List of Properties to be Written Off •
ertja .
Recommended by: _o
Todd Harrisop, irector of ' inance
Respectfully submitted: IY' 7-4)
Ken Todd, Chief Administrative Officer
Table 1
List of Properties to be Written Off
Roll No. Name & Address Amount Reason
010 012 05100 0000 Niagara Falls City $6,672.18 Assessed
5438 Elm St 4310 Queen St incorrectly, should
PO Box 1023 be Exempt,
Niagara Falls ON L2E 6X5 City property
010 012 05300 0000 Niagara Falls City $7,855.89 Assessed
Elm St 4310 Queen St incorrectly, should
PO Box 1023 be Exempt,
Niagara Falls ON L2E 6X5 City property
130 001 04010 0000 Niagara Falls City $68,878.37 Failed Tax Sale
to 130 001 04720 0000 4310 Queen St Nov 2014
Sherk Rd (15 lots) PO Box 1023
Niagara Falls ON L2E 6X5
130 004 18202 0000 Niagara Falls City $470,332.27 Failed Tax Sale
Reixinger Rd 4310 Queen St May 2015
PO Box 1023
Niagara Falls ON L2E 6X5
Total $'553,738.71
F-2015-46
Niagararalls November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2015-46
Municipal Accounts
- - 11\1/11111=
RECOMMENDATION
That Council approve the municipal accounts totaling $31 ,014,961.22 for the period
October 8, 2015 to November 4, 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: A. L..1/
Todd Harriso , Direct. of Finance
Respectfully submitted:
Ken Todd,IChief Administrative Officer
Page 1 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 388608 21-Oct-2015 CONTRACT SERVICES 697 43
1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 388826 28-Oct-2015 CONTRACT SERVICES 93 79
1671360 ONTARIO LTD. 389054 04-Nov-2015 REFUND 750 00
1707021 ONTARIO LTD 388827 28-Oct-2015 TRAINING 2 712 00
1712093 ONTARIO LTD 389055 04-Nov-2015 REFUND 1 250 00
1736194 ONTARIO LIMITED 388416 14-Oct-2015 REFUND 4 055 40
1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 388417 14-Oct-2015 MATERIALS 35 00
1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 388609 21-Oct-2015 STORES/INVENTORY 23 00
1863574 ONTARIO INC 388828 28-Oct-2015 REFUND 500 00
2030688 ONTARIO LTD 388829 28-Oct-2015 LEASES AND RENTS 9.284 45
2095527 ONTARIO LTD 388830 28-Oct-2015 LEASES AND RENTS 1.130.00
2348441 ONTARIO INC 0/A MR QUICK CAR WASH 389056 04-Nov-2015 MATERIALS 148 03
2453894 ONTARIO LTD. 388831 28-Oct-2015 REFUND 2.833.12
4 IMPRINT INC 388832 28-Oct-2015 MATERIALS 362 23
407 ETR EXPRESS TOLL ROUTE 389057 04-Nov-2015 MATERIALS 155 95
800460 ONTARIO LTD.0/A FRUITBELT DEVELOPMENT 388418 14-Oct-2015 REFUND 233 12
826 GRYPHON ROYAL CANADIAN AIR CADETS C/0 DAVID DAVID: 389058 04-Nov-2015 MATERIALS 800 00
942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 388833 28-Oct-2015 MATERIALS 1,758 45
A J STONE COMPANY LTD 389066 04-Nov-2015 MATERIALS 19 85
A N MYER SECONDARY SCHOOL 389075 04-Nov-2015 MATERIALS 100 00
A&A EXHAUST SYSTEMS 389059 04-Nov-2015 MATERIALS 3.256 31
A&A EXHAUST SYSTEMS 388419 14-Oct-2015 VEH ID#86 1.339 05
AAA BIGGAR'S LOCKSMITH&SECURITY 388610 21-Oct-2015 MATERIALS 33 89
ABLE PRINTING INC 388834 28-Oct-2015 MATERIALS 197 75
ABSOLUTE COMMUNICATION&DESIGN 388420 14-Oct-2015 MAP GRANT 2 342 49
ACA ENGINEERING SERVICES 388421 14-Oct-2015 CONSULTING SERVICES 2 042 14
ACA ENGINEERING SERVICES 388611 21-Oct-2015 CONTRACT SERVICES 4 245 64
ACA ENGINEERING SERVICES 388835 28-Oct-2015 CONTRACT SERVICES 1 243 00
ACCU LOCK AND SECURITY 388612 21-Oct-2015 MATERIALS 223 74
ADAM VITATERNA MEMORIAL FUND 389061 04-Nov-2015 MATERIALS 500 00
ADMOR INDUSTRIAL DOCK&DOOR SYSTEMS INC. 389062 04-Nov-2015 CONTRACT SERVICES 723 20
ADMOR INDUSTRIAL DOCK&DOOR SYSTEMS INC. 388613 21-Oct-2015 SERVICES 4.105 29
ADVANCE TOWING 388614 21-Oct-2015 CONTRACT SERVICES 898.35
ADVANCE TOWING 388836 28-Oct-2015 CONTRACT SERVICES 378.55
ADVANCE TOWING 389063 04-Nov-2015 CONTRACT SERVICES 841 85
ADVANCE TOWING 388422 14-Oct-2015 VEH ID#914 915 30
AFFILIATED CUSTOMS BROKERS LTD 388423 14-Oct-2015 MATERIALS 134 87
AFFILIATED CUSTOMS BROKERS LTD 388837 28-Oct-2015 MATERIALS 164.19
AFFILIATED CUSTOMS BROKERS LTD 388615 21-Oct-2015 SERVICES 122 23
AGRO ZAFFIRO LLP 389064 04-Nov-2015 CONTRACT SERVICES 4 569 39
AIR CARE SERVICES 388616 21-Oct-2015 MATERIALS 614 72
AIR CARE SERVICES 388838 28-Oct-2015 MATERIALS 189 00
AIR CARE SERVICES 389065 04-Nov-2015 MATERIALS 691 56
AIR CARE SERVICES 388424 14-Oct-2015 SERVICES 9.316 85
AIRON HVAC 388617 21-Oct-2015 CONTRACT SERVICES 3.207 04
AIRON HVAC 388425 14-Oct-2015 MATERIALS 344 20
ALFIDOME CONSTRUCTION 388618 21-Oct-2015 CONTRACT SERVICES 282.804 31
ALISON'S SPORTS&AWARDS 388426 14-Oct-2015 MATERIALS 1.001.75
ALISON'S SPORTS&AWARDS 389067 04-Nov-2015 MATERIALS 148 60
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 388427 14-Oct-2015 CONTRACT SERVICES 88 48
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 388619 21-Oct-2015 MATERIALS 103 73
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 388839 28-Oct-2015 MATERIALS 29.49
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 389068 04-Nov-2015 MATERIALS 58 99
ALSOP TINA 389069 04-Nov-2015 MATERIALS 150 00
ALTERNATE SOLUTIONS 388428 14-Oct-2015 MAINTENANCE/REPAIRS 409 96
ALTIERI BUILDING SUPPLIES LTD 388620 21-Oct-2015 MATERIALS 101 70
AMACO EQUIPMENT INC 389070 04-Nov-2015 MATERIALS 3,390.00
AMALGAMATED TRANSIT UNION#1582 388621 21-Oct-2015 PAYROLL REMITTANCE 4.300 18
AMALGAMATED TRANSIT UNION#1582 389071 04-Nov-2015 PAYROLL REMITTANCE 4.323 67
AMCTO ZONE 3 SECRETARY-TREASURER 389072 04-Nov-2015 MATERIALS 75 00
AMEC FOSTER WHEELER 388622 21-Oct-2015 CONSULTING SERVICES 8,305 50
ANGER,JEFF 389073 04-Nov-2015 MATERIALS 126.55
ANGLE BETH 388623 21-Oct-2015 SUPPLIES 118 65
ANGLE.BETH 389074 04-Nov-2015 TRAVEL/MILEAGE 129 06
ANIXTER POWER SOLUTIONS INC. 388914 28-Oct-2015 MATERIALS 94.64
ANIXTER POWER SOLUTIONS INC. 388506 14-Oct-2015 STORES/INVENTORY 187 86
ANTHONY'S EXCAVATING CENTRAL INC 389076 04-Nov-2015 CONTRACT SERVICES 16,475 40
APPLIED GEOLOGICS INC 389077 04-Nov-2015 MATERIALS 79,681 95
ARAGONA,MARJORIE 388840 28-Oct-2015 REFUND 1.108.00
ARCHER TRUCK CENTRE WELLAND LTD 388430 14-Oct-2015 VEH ID#536 1,447 18
ARCHER TRUCK SERVICES LTD 388841 28-Oct-2015 MATERIALS 1.536 15
ARCHER TRUCK SERVICES LTD 388429 14-Oct-2015 VEH ID#86 100 3320 1 172 39
ARCTIC GLACIER CANADA INC. 388624 21-Oct-2015 MATERIALS 183 60
Page 2 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No Cheque Date Purpose Amount _
ARIGANELLO,BRUNO 388431 14-Oct-2015 REFUND 101 18
ARIVA 388432 14-Oct-2015 MATERIALS 186 45
ARIVA 389078 04-Nov-2015 MATERIALS 1.417 44
ARIVA 388625 21-Oct-2015 SUPPLIES 139 43
ARTISTA DESIGN&PRINT INC 388626 21-Oct-2015 MATERIALS 2 101 80
ARTISTA DESIGN&PRINT INC 388842 28-Oct-2015 MATERIALS 28 25
ARTISTA DESIGN&PRINT INC 389079 04-Nov-2015 MATERIALS 1.494.15
ASSOCIATED ENGINEERING(ONT)LTD 388843 28-Oct-2015 MATERIALS 4 937 04
ASSOCIATED ENGINEERING(ONT)LTD 389080 04-Nov-2015 MATERIALS 7 108 83
ATALICK,NICHOLAS MICHAEL 388433 14-Oct-2015 REFUND 391 58
AUTO FX GRAPHICS AND SIGNS 389081 04-Nov-2015 MATERIALS 2.138 86
AUTO PARTS CENTRES 388627 21-Oct-2015 MATERIALS 212 86
AUTO PARTS CENTRES 389082 04-Nov-2015 MATERIALS 169 00
AUTO PARTS CENTRES 388434 14-Oct-2015 STORES/INVENTORY 33 95
BAGLIERI,CAREY 388435 14-Oct-2015 TRAVEL/MILEAGE 606 96
BAHADOORSINGH,GIANNI 388628 21-Oct-2015 PILOT VIDEO 1 500 00
BAILEY CHARLENE DENISE 388436 14-Oct-2015 REFUND 71 29
BAKER 388629 21-Oct-2015 MATERIALS 89160
BAKER 388437 14-Oct-2015 STORES/INVENTORY 473 94
BALDINELLLLOUIE 389083 04-Nov-2015 MATERIALS 365 50
BANK OF NOVA SCOTIA 388844 28-Oct-2015 REFUND 1 803 00
BATTLEFIELD EQUIPMENT RENTALS 388438 14-Oct-2015 LEASES AND RENTS 177 34
BATTLEFIELD EQUIPMENT RENTALS 388845 28-Oct-2015 MATERIALS 1,846 58
BAXTER.JOHN&BAXTER, KAY 388846 28-Oct-2015 REFUND 834 60
BEATTIFS BASICS 388630 21-Oct-2015 LEASES AND RENTS 679 33
BELL CANADA 389085 04-Nov-2015 SERVICES 83 06
BELL CANADA-PUBLIC ACCESS 388631 21-Oct-2015 CUST. ID# 2503 56 50
BELL CANADA-PUBLIC ACCESS 388440 14-Oct-2015 SERVICES 113 00
BELL CANADA ONTARIO CLAIMS OFFICE 388847 28-Oct-2015 MATERIALS 3.000 00
BELL CANADA PUBLIC ACCESS 388848 28-Oct-2015 UTILITIES 682 80
BELL MOBILITY RADIO DIV 388632 21-Oct-2015 SERVICES 11,404 34
BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 389086 04-Nov-2015 MATERIALS 23 13
BERNAT.CLARK 388633 21-Oct-2015 ADVERTISING 85 67
BERTIE PRINTERS LIMITED 388634 21-Oct-2015 ADVERTISING 1,815 91
BIANCO,DOMENIC 388849 28-Oct-2015 MATERIALS 150 00
BICKLE MAIN INDUSTRIAL SUPPLY INC 388441 14-Oct-2015 MATERIALS 109 44
BICKLE MAIN INDUSTRIAL SUPPLY INC 388635 21-Oct-2015 MATERIALS 150 52
BICKLE MAIN INDUSTRIAL SUPPLY INC 389087 04-Nov-2015 MATERIALS 618 51
BILODEAU,MATHEW&CARROL,VANESSA 388636 21-Oct-2015 REFUND 354 29
BIRD'S MOVING&STORAGE 388850 28-Oct-2015 MATERIALS 395 50
BIRD'S MOVING&STORAGE 388637 21-Oct-2015 SERVICES 779 03
BISSON.STEPHEN&CANK-BISSON. LAURIE 388851 28-Oct-2015 REFUND 329 30
BLACK.TIMOTHY 389088 04-Nov-2015 TRAINING 275 00
BLACKWOOD.RICK 388443 14-Oct-2015 REFUND 30 00
BLAKELY,MICHAEL 389089 04-Nov-2015 REFUND 500 00
BOB ROBINSON&SON CONSTRUCTION 388445 14-Oct-2015 CONTRACT SERVICES 2,456 34
BOBCAT OF HAMILTON LTD 388638 21-Oct-2015 MATERIALS 355 82
BOBCAT OF HAMILTON LTD 388444 14-Oct-2015 VEH ID#222 2 332 18
BOOT SHOP THE 388853 28-Oct-2015 MATERIALS 932 25
BOOTH,DAVID 388852 28-Oct-2015 REFUND 2218
BOUW,JEFF 389091 04-Nov-2015 REFUND 60 00
BOUW,JEFF 388446 14-Oct-2015 REFUND 60 00
BOYS&GIRLS CLUB OF NIAGARA 388854 28-Oct-2015 GRANT 16 500 09
BRENCHLEY.ROBERT JOHN 388855 28-Oct-2015 REFUND 750 00
BRENNAN PAVING LTD. 388447 14-Oct-2015 CONTRACT SERVICES 143.821 87
BRENNAN.TANYA LYNN 388448 14-Oct-2015 REFUND 73 47
BRINKS CANADA LTD 388639 21-Oct-2015 CONTRACT SERVICES 590 39
BRINKS CANADA LTD 388856 28-Oct-2015 CONTRACT SERVICES 2.883 48
BROADCASTING NIAGARA COLLEGE 389092 04-Nov-2015 MATERIALS 750 00
BROCK FORD LINCOLN 388857 28-Oct-2015 MATERIALS 542 63
BROCK FORD LINCOLN 388640 21-Oct-2015 STORES/INVENTORY 3 199 35
BROCK UNIVERSITY 388449 14-Oct-2015 ADMINISTRATIVE TUITION CHARGE 3 000 00
BROOKS.DONNA LYN 388450 14-Oct-2015 REFUND 59 83
BRUNNING,MARGARET 389093 04-Nov-2015 MATERIALS 65 00
BUDGET ENVIRONMENTAL DISPOSAL INC 389094 04-Nov-2015 MATERIALS 3 367 40
BUILD A BOBBLE INC 388641 21-Oct-2015 SPECIAL EVENT 10 129 32
BUIST LANDSCAPING INC 388642 21-Oct-2015 CONTRACT SERVICES 4 122 07
BURKE GROUP-THE 389095 04-Nov-2015 MATERIALS 169 50
BUSINESS LINK MEDIA GROUP 388858 28-Oct-2015 ADVERTISING 1 124 35
C H. SAWYER LTD 388865 28-Oct-2015 CONTRACT SERVICES 1.582 00
C.M. EQUIPMENT ONTARIO INC 389109 04-Nov-2015 MATERIALS 682 54
CALE SYSTEMS INC 389096 04-Nov-2015 MATERIALS 1 994 50
CALVERT,GEOFFREY EDWARD 388451 14-Oct-2015 MATERIALS 175 90
CANADA CULVERT 389097 04-Nov-2015 MATERIALS 2 102 93
Page 3 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
CANADA POST 388454 14-Oct-2015 MATERIALS 4 193 82
CANADA POST EFT 02-Nov-2015 WATER BILLS 7 168 75
CANADIAN BEARINGS LTD 388452 14-Oct-2015 VEH ID#288 487 64
CANADIAN DOOR DOCTOR 388643 21-Oct-2015 MATERIALS 1 620 42
CANADIAN LINEN&UNIFORM 388453 14-Oct-2015 CONTRACT SERVICES 537 08
CANADIAN LINEN&UNIFORM 388644 21-Oct-2015 CONTRACT SERVICES 401 82
CANADIAN LINEN&UNIFORM 388859 28-Oct-2015 CONTRACT SERVICES 524 92
CANADIAN LINEN&UNIFORM 389098 04-Nov-2015 CONTRACT SERVICES 2.153 46
CANADIAN NATIONAL 388860 28-Oct-2015 CONTRACT SERVICES 3.825 51
CANADIAN PACIFIC RAILWAY CO 388645 21-Oct-2015 CONTRACT SERVICES 1 141 50
CANADIAN PORTABLE SERVICES 388646 21-Oct-2015 CONTRACT SERVICES 14,679 84
CANADIAN PORTABLE SERVICES 389099 04-Nov-2015 CONTRACT SERVICES 1 100 06
CANADIAN SAFETY EQUIPMENT INC 388455 14-Oct-2015 MATERIALS 2.222 50
CANADIAN SAFETY EQUIPMENT INC 388861 28-Oct-2015 MATERIALS 1.220 40
CANTEC SECURITY SERVICES INC 389100 04-Nov-2015 CONTRACT SERVICES 8.732 64
CAROLINE'S CARICATURES 389101 04-Nov-2015 MATERIALS 250.00
CARQUEST 388647 21-Oct-2015 MATERIALS 122 85
CARQUEST 389102 04-Nov-2015 MATERIALS 147 49
CARQUEST 388456 14-Oct-2015 STORES/INVENTORY 7311
CARSWELL 388648 21-Oct-2015 MATERIALS 137 76
CASHMONEY 388862 28-Oct-2015 REFUND 2.500 00
CASTLE MECHANICAL 388649 21-Oct-2015 CONTRACT SERVICES 4.934 04
CASTLE MECHANICAL 389103 04-Nov-2015 CONTRACT SERVICES 179.44
CERIDIAN CANADA LTD 389105 04-Nov-2015 CONTRACT SERVICES 1,874 45
CERMINARA,JAMES 388650 21-Oct-2015 TRAVEL/MILEAGE 491 27
CHALIFOUX.JOANNE 388863 28-Oct-2015 REFUND 43.97
CHARLES JONES INDUSTRIAL LTD 388457 14-Oct-2015 STORES/INVENTORY 2,181 80
CHARLES JONES INDUSTRIAL LTD 388651 21-Oct-2015 STORES/INVENTORY 810 11
CHARLES JONES INDUSTRIAL LTD 388864 28-Oct-2015 STORES/INVENTORY 1 458 55
CHARLES JONES INDUSTRIAL LTD 389106 04-Nov-2015 STORES/INVENTORY 86 75
CHEVY LANE INC 388458 14-Oct-2015 MATERIALS 485 90
CHIOMEY.CAITLIN MARIE 388459 14-Oct-2015 REFUND 113 7 1
CHRIS CRISTELLI&ASSOCIATES INC 389107 04-Nov-2015 MATERIALS 11 085 30
CHUDY.BRIAN 388460 14-Oct-2015 REFUND 585 50
CIBC RETAIL MORTGAGES OPERATIONS 388652 21-Oct-2015 REFUND 675 34
CIBC RETAIL OPERATIONS 388653 21-Oct-2015 REFUND 232 41
CIBC RETAIL OPERATIONS 388461 14-Oct-2015 REFUND 179 80
CIMA CANADA INC 388462 14-Oct-2015 MATERIALS-VICTORIA AVE STREET 95.694 79
CIMCO REFRIGERATION HAMILTON BRANCH 388654 21-Oct-2015 CONTRACT SERVICES 9.303 45
CIMCO REFRIGERATION HAMILTON BRANCH 388463 14-Oct-2015 SERVICES 8 420 43
CIPPARONE,MARK 388464 14-Oct-2015 REFUND 165 79
CIRCLE P PAVING 388866 28-Oct-2015 CONTRACT SERVICES 34.685 17
CITY OF ST CATHARINES 388465 14-Oct-2015 SHARED SPONSORSHIP NEYA YOt, 1 412.50
CITY VIEW BUS SALES&SERVICE LTD 389108 04-Nov-2015 STORES/INVENTORY 4.466 03
CLAYDON.JEFF 388655 21-Oct-2015 REFUND 483 70
CLEVER DEVICES US DRAFT 06-Oct-2015 MATERIALS 384.20
CODE 4 FIRE&RESCUE INC 388867 28-Oct-2015 MATERIALS 2.101 80
COLLINGWOOD OPTIMIST YOUTH BANDS 389110 04-Nov-2015 MATERIALS 2.800.00
COLT.STUART 388868 28-Oct-2015 REFUND 27 00
COMMISSIONAIRES 388656 21-Oct-2015 CONTRACT SERVICES 26.232.57
COMMISSIONAIRES 389111 04-Nov-2015 CONTRACT SERVICES 1 667 61
COMPUGEN INC 388466 14-Oct-2015 MATERIALS 30,263 21
COMPUGEN INC 388657 21-Oct-2015 MATERIALS 9.713 19
COMPUGEN INC 388869 28-Oct-2015 MATERIALS 6.034 29
CONIDI,SARAH 388467 14-Oct-2015 TRAVEL/MILEAGE 48 06
CONTINENTAL TIRE CANADA INC 388870 28-Oct-2015 MATERIALS 6.187 61
CORSARO CLASSIC ENGRAVING 388658 21-Oct-2015 MATERIALS 2 074 85
COTE ALICE 388871 28-Oct-2015 REFUND 455 61
COTTON INC 388468 14-Oct-2015 CONTRACT SERVICES 23.358 96
COTTON INC 388659 21-Oct-2015 CONTRACT SERVICES 429 41
COTTON INC 389112 04-Nov-2015 MATERIALS 7,606.62
CRAIG,TOM 388872 28-Oct-2015 MATERIALS 124 29
CRAITOR,KIM 388469 14-Oct-2015 REFUND 110 56
CRAWFORD&COMPANY(CANADA)INC 388470 14-Oct-2015 CONTRACT SERVICES 2.022 77
CRAWFORD&COMPANY(CANADA)INC 388660 21-Oct-2015 CONTRACT SERVICES 3,165 54
CRAWFORD,JOE 388661 21-Oct-2015 MATERIALS 25 00
CREEN.BRYAN 388662 21-Oct-2015 REFUND 3 857 77
CRESTLINE COACH LTD 388471 14-Oct-2015 MATERIALS-PUCHASE B-9481 94 371 73
CROSSEY ENGINEERING LTD 388664 21-Oct-2015 CONSULTING SERVICES 6.278 28
CUMMINS EASTERN CANADA LP 388665 21-Oct-2015 CONTRACT SERVICES 299.84
CUMMINS EASTERN CANADA LP 388873 28-Oct-2015 CONTRACT SERVICES 6.968 13
CUPE LOCAL 133 388666 21-Oct-2015 PAYROLL REMITTANCE 9.129 70
CUPE LOCAL 133 389113 04-Nov-2015 PAYROLL REMITTANCE 9.465 59
D K TECHNICAL SERVICES INC 388674 21-Oct-2015 CONTRACT SERVICES 944 62
Page 4 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
D K TECHNICAL SERVICES INC 388881 28-Oct-2015 CONTRACT SERVICES 169 50
D K TECHNICAL SERVICES INC 389120 04-Nov-2015 CONTRACT SERVICES 423 75
D.A.M. PAINTER 388667 21-Oct-2015 CONTRACT SERVICES 2.825 00
D'AGOSTINO.ANGELA 388473 14-Oct-2015 REFUND 1 321 77
DARCH FIRE 389114 04-Nov-2015 MATERIALS 301 71
DARCH FIRE 388474 14-Oct-2015 VEH ID#571,572 536 144.75
DAUDELIN,DOREEN 388475 14-Oct-2015 SENIOR TAX REBATE 40 00
DAVIDSON ENVIRONMENTAL 388668 21-Oct-2015 CONTRACT SERVICES 94 92
DAVIS,STEPHEN PATRICK 388874 28-Oct-2015 REFUND 500 00
DECARIA,RON 388875 28-Oct-2015 MATERIALS 45 00
DELL.CHRISTOPHER 388476 14-Oct-2015 REFUND 35 91
DELLAMARCA,ALEXANDRIA 388669 21-Oct-2015 TRAVEL-OBOA COURSE 479 35
DEMAR CONSTRUCTION INC. 388477 14-Oct-2015 CONTRACT SERVICES 345.856 80
DEMAR CONSTRUCTION INC. 389115 04-Nov-2015 CONTRACT SERVICES 5 258 24
DEMOL'S TIRE SALES&SERVICE 388670 21-Oct-2015 CONTRACT SERVICES 411 92
DEMOL'S TIRE SALES&SERVICE 388877 28-Oct-2015 MATERIALS 216.19
DENNIS,CINDY LOU 388478 14-Oct-2015 REFUND 109 09
DESIGN ELECTRONICS 388671 21-Oct-2015 CONTRACT SERVICES 177 98
DESIGN ELECTRONICS 388479 14-Oct-2015 MATERIALS 177 98
DETENBECK,TOM 389116 04-Nov-2015 MATERIALS 17500
DETENBECK,TOM 388672 21-Oct-2015 TRAVEL/MILEAGE 25.00
DICAN DIGITAL INSTRUMENTS CANADA INC 388673 21-Oct-2015 MATERIALS 3.322.20
DICAN DIGITAL INSTRUMENTS CANADA INC 389117 04-Nov-2015 SERVICES 576.30
DICKSON,TOM 388480 14-Oct-2015 REFUND 128 80
DICOSIMO,VINCENT 388878 28-Oct-2015 REFUND 2.500 00
DIODATI.JIM 388879 28-Oct-2015 TRAVEL/MILEAGE 1 155 00
DIODATI,JIM 389118 04-Nov-2015 TRAVEL/MILEAGE 1 33314
DIONNE,MARCEL&DIONNE, LISA 388880 28-Oct-2015 REFUND 78 98
DISPATCH TALENT INCORPORATED 389119 04-Nov-2015 MATERIALS 1 130 00
DROLLIS SAFETY SUPPLY CO LTD 389121 04-Nov-2015 MATERIALS 2 542 50
DUECK.GREG 388481 14-Oct-2015 REFUND-SAFETY BOOTS 175 00
DUFF YVETTE 389122 04-Nov-2015 MATERIALS 300 00
DULUX PAINTS 388675 21-Oct-2015 MATERIALS 270 30
DUMONT SECURITY 389123 04-Nov-2015 CONTRACT SERVICES 999 23
DUNDAS PIPES&DRUMS c/o MR. KEN GRIFFIN 389124 04-Nov-2015 MATERIALS 850.00
DUXBURY LAW PROFESSIONAL CORPORATION 388676 21-Oct-2015 CONTRACT SERVICES 1,695.00
E&R LAWN EQUIPMENT 388683 21-Oct-2015 MATERIALS 755.32
E&R LAWN EQUIPMENT 389131 04-Nov-2015 MATERIALS 2.259.75
EAST-COURT FORD LINCOLN 388677 21-Oct-2015 MATERIALS 48 826 17
EASTGATE TRUCK CENTRE 389126 04-Nov-2015 MATERIALS 168 28
EASTLAND,MARI-LYNNE 388882 28-Oct-2015 MATERIALS 2 034 00
EATON EQUIPMENT&SERVICE 388482 14-Oct-2015 CONTRACT SERVICES 3 899 97
ELECTROMEGA 388678 21-Oct-2015 MATERIALS 1 779.75
ELLIOTT.SONYA M 388883 28-Oct-2015 REFUND 141 76
ELOQUIP LTD 389127 04-Nov-2015 MATERIALS 69 07
EMCO WATERWORKS CORPORATION 388483 14-Oct-2015 MATERIALS 13.254 33
EMCO WATERWORKS CORPORATION 388679 21-Oct-2015 MATERIALS 969.77
EMCO WATERWORKS CORPORATION 389128 04-Nov-2015 MATERIALS 8.447 20
EMCO WATERWORKS CORPORATION 388884 28-Oct-2015 STORES/INVENTORY 7.035 73
ENBRIDGE 388484 14-Oct-2015 UTILITIES 436 90
ENBRIDGE 388680 21-Oct-2015 UTILITIES 340 30
ENBRIDGE 388885 28-Oct-2015 UTILITIES 1 150 74
ENBRIDGE 388886 28-Oct-2015 UTILITIES 17 052 53
ENBRIDGE 389129 04-Nov-2015 UTILITIES 114 67
ENSIGN ELECTRONIC ALARM SYSTEMS 388681 21-Oct-2015 SERVICES 135 60
E-QUIP RENTALS&REPAIRS INC 388486 14-Oct-2015 MATERIALS 606 58
E-QUIP RENTALS&REPAIRS INC 388682 21-Oct-2015 MATERIALS 1 165 99
E-QUIP RENTALS&REPAIRS INC 388887 28-Oct-2015 MATERIALS 1.062 09
EQUIPMENT SPECIALIST INC 389130 04-Nov-2015 MATERIALS 435 05
EVANOFF.VICTOR 388684 21-Oct-2015 TRAVEL/MILEAGE 140 00
EVANS UTILITY SUPPLY LTD 388685 21-Oct-2015 MATERIALS 5.471 91
EVANS UTILITY SUPPLY LTD 388888 28-Oct-2015 MATERIALS 1,706 76
EXP SERVICES INC 388487 14-Oct-2015 CONTRACT SERVICES 4,585 54
FALLS AUTO BODY INC 389132 04-Nov-2015 CONTRACT SERVICES 3.299 10
FALLS ELECTRIC INC 388686 21-Oct-2015 CONTRACT SERVICES 754 00
FANSOLATO.WAYNE 388488 14-Oct-2015 MATERIALS 6215
FARBER.AARON 388489 14-Oct-2015 REFUND 149 23
FARLOW,NEIL 388889 28-Oct-2015 REFUND 500 00
FARNAN. JR.GARY R 388890 28-Oct-2015 MATERIALS 175 00
FASTENAL CANADA LTD 388490 14-Oct-2015 MATERIALS 928 48
FASTENAL CANADA LTD 388687 21-Oct-2015 MATERIALS 656 47
FASTENAL CANADA LTD 388891 28-Oct-2015 MATERIALS 519 98
FASTENAL CANADA LTD 389133 04-Nov-2015 MATERIALS 204.15
FEREN SIGNS&AWNINGS LTD 389134 04-Nov-2015 MATERIALS 105 79
Page 5of12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
FINISH LINE NIAGARA INC. 388892 28-Oct-2015 CONTRACT SERVICES 3,565 73
FINISH LINE NIAGARA INC 389135 04-Nov-2015 CONTRACT SERVICES 3,761.21
FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 388491 14-Oct-2015 MATERIALS 480.53
FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 388893 28-Oct-2015 MATERIALS 718.14
FIRE MONITORING OF CANADA INC 388894 28-Oct-2015 MATERIALS 823 91
FITNESS INTERNATIONAL LLC 389136 04-Nov-2015 REFUND 1.250 00
FLEXO PRODUCTS LTD 388492 14-Oct-2015 MATERIALS 343.98
FLEXO PRODUCTS LTD 388688 21-Oct-2015 STORES/INVENTORY 924 83
FLEXO PRODUCTS LTD 388895 28-Oct-2015 STORES/INVENTORY 602.99
FLEXO PRODUCTS LTD 389137 04-Nov-2015 STORES/INVENTORY 29 35
FLORALANE GREENHOUSES 388896 28-Oct-2015 MATERIALS 2,379 78
FRAGALE,LUIGI&FRAGALE,GIULIANA 388689 21-Oct-2015 REFUND 391 40
FRANK COSTANTINO CONSTRUCTION 388897 28-Oct-2015 REFUND 2,500.00
FRANK COSTANTINO CONSTRUCTION 389138 04-Nov-2015 REFUND 1.000.00
FRANKEN,THOMAS J 388493 14-Oct-2015 REFUND 40.15
FRAY-WARRANICA,ASHLEY 388816 21-Oct-2015 REFUND 12418
FREDERICK,RICK 389139 04-Nov-2015 MATERIALS 192 09
FROUDE,MARZENA 388898 28-Oct-2015 REFUND 750.00
FRUMUSA.DAWN 388899 28-Oct-2015 REFUND 23 21
GABEL,MARYANN 388494 14-Oct-2015 REFUND 403 08
GABRIELLI,RON 388900 28-Oct-2015 REFUND 500.00
GALELLA,JASON JOEL 388901 28-Oct-2015 REFUND 1,000.00
GAULD NURSERIES LTD 389140 04-Nov-2015 CONTRACT SERVICES 4.130.15
GAULD NURSERIES LTD 388496 14-Oct-2015 MATERIALS 904 00
GENTLE,DENNIS JAMES 388903 28-Oct-2015 REFUND 160 00
GERRIE ELECTRIC WHOLESALE LTD 388690 21-Oct-2015 STORES/INVENTORY 257 19
GIANT SHOE CREATIVE AGENCY LTD. 388691 21-Oct-2015 SPECIAL EVENT 565.00
GIBBONS CONTRACTING LTD 388497 14-Oct-2015 CONTRACT SERVICES 126.570.51
GILL,ANDREW 388692 21-Oct-2015 MATERIALS 175 00
GIRARDI,CHRISTINE 388693 21-Oct-2015 TRAVEL/MILEAGE 37 80
GLOBALSTAR CANADA 388498 14-Oct-2015 MATERIALS 139.89
GOLIA.NICK 388694 21-Oct-2015 TRAVEL/MILEAGE 194 94
GOULAH,LENA MARGARET 388904 28-Oct-2015 REFUND 500 00
GRAND&TOY 388905 28-Oct-2015 MATERIALS 335 94
GRAND&TOY 389141 04-Nov-2015 MATERIALS 114.34
GRAY,JESSICA 388906 28-Oct-2015 REFUND 126.15
GRAYBAR CANADA 388499 14-Oct-2015 MATERIALS 582.77
GRAYBAR CANADA 389142 04-Nov-2015 MATERIALS 1.793 53
GREAT LAKES FIRE SERVICES 388695 21-Oct-2015 MATERIALS 915 30
GREEN,JOSHUA 389143 04-Nov-2015 MATERIALS 100.00
GREENFIELD GROUP LTD 388500 14-Oct-2015 CONTRACT SERVICES 3.325 03
GREENFIELD GROUP LTD 388696 21-Oct-2015 CONTRACT SERVICES 943.55
GRENIER.BENOIT 388907 28-Oct-2015 REFUND 750.00
GRIFFIN LANDSCAPE 389144 04-Nov-2015 CONTRACT SERVICES 2.249.74
GRIMO NUT NURSERY 388501 14-Oct-2015 MATERIALS 440.70
GRIMSBY PIPE BAND 389145 04-Nov-2015 MATERIALS 700 00
GROUND AERIAL MAINTENANCE LTD 389146 04-Nov-2015 CONTRACT SERVICES 30,481.75
GRUNDY,JOSEPH, DOUGLAS 388502 14-Oct-2015 REFUND 169 26
GT FRENCH 388503 14-Oct-2015 STORES/INVENTORY 1,046.06
GT FRENCH 388697 21-Oct-2015 STORES/INVENTORY 4,001 55
GT FRENCH 388908 28-Oct-2015 STORES/INVENTORY 2.285 33
GUILLEVIN INTERNATIONAL CO 388909 28-Oct-2015 STORES/INVENTORY 1.019.71
HALCO MOBILE MFG SALES&SERVICE INC 388910 28-Oct-2015 CONTRACT SERVICES 282 50
NALCO MOBILE MFG SALES&SERVICE INC 389147 04-Nov-2015 CONTRACT SERVICES 282 50
NALCO MOBILE MFG SALES&SERVICE INC 388504 14-Oct-2015 MATERIALS 226 00
HALCO MOBILE MFG SALES&SERVICE INC 388698 21-Oct-2015 MATERIALS 621 50
HANSLER SMITH LIMITED 388505 14-Oct-2015 STORES/INVENTORY 1,440 75
HANSLER SMITH LIMITED 388911 28-Oct-2015 STORES/INVENTORY 306 18
HANTZIAGELIS,LENA 389148 04-Nov-2015 REFUND 217 84
HARRIS,STEVE 388912 28-Oct-2015 REFUND 129.76
HARROW SPORTS CANADA LTD 388699 21-Oct-2015 MATERIALS 772 35
HARVEY,KIRSTEN 389149 04-Nov-2015 MATERIALS 508.50
HARVEY'S 2293 389150 04-Nov-2015 MATERIALS 96.00
HATCH MOTT MACDONALD LTD 388700 21-Oct-2015 CONTRACT SERVICES 2,237 41
HAWLEY.RICHARD 388913 28-Oct-2015 REFUND 117 90
HD SUPPLY CANADA INC 389151 04-Nov-2015 MATERIALS 90 40
HEART NIAGARA INC 388701 21-Oct-2015 MATERIALS 4.746.00
HECTRONIC USA US DRAFT 06-Oct-2015 MATERIALS 417.00
HENDERSON RECREATION EQUIPMENT LIMITED 389152 04-Nov-2015 MATERIALS 7.671 57
HEYWOOD,GENY 388915 28-Oct-2015 REFUND 149.90
HICKS MORLEY HAMILTON STEWART STORIE LLP 388702 21-Oct-2015 CONTRACT SERVICES 2,274.74
HIEBERT.DALE&HIEBERT, ROSEMARY 388507 14-Oct-2015 REFUND 550 60
HILLSIDE HOLDINGS INC 388916 28-Oct-2015 REFUND 757.17
HINGSTON METAL FABRICATOR 388508 14-Oct-2015 VEH ID#215 33 90
Page 6 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
HOGARTH,GARY 389153 04-Nov-2015 MATERIALS 200 00
HOLCOMBE,OLIVIA 389154 04-Nov-2015 MATERIALS 300 00
HOLMAN, GEOFF US DRAFT 06-Oct-2015 CONFERENCE EXPENSE 624 24
HOOD CLEANERS OF AMERICA INC 388917 28-Oct-2015 CONTRACT SERVICES 1,406 00
HOPKINS,MATTHEW 389155 04-Nov-2015 MATERIALS 96 04
HOTSY CLEANING SYSTEMS 388704 21-Oct-2015 CONTRACT SERVICES 1.028 84
HOWE,CHRISTOPHER 389156 04-Nov-2015 REFUND 437 73
IBEC MACHINE KNIFE LTD 388509 14-Oct-2015 MAINTENANCE/REPAIRS 150 29
IBEC MACHINE KNIFE LTD 388705 21-Oct-2015 MATERIALS 171 76
IBEC MACHINE KNIFE LTD 388919 28-Oct-2015 MATERIALS 64.41
IBEC MACHINE KNIFE LTD 389157 04-Nov-2015 MATERIALS 28.25
IBI GROUP 388706 21-Oct-2015 CONTRACT SERVICES 6,738 76
ICECO ADVANCED ARENA PRODUCTS 388707 21-Oct-2015 CONTRACT SERVICES 2.942 25
IDEAL PLUMBING 388920 28-Oct-2015 REFUND 1.250 00
INDEPENDENT SUPPLY COMPANY 388708 21-Oct-2015 MATERIALS 52.88
INTUITION LANDSCAPE 388510 14-Oct-2015 CONTRACT SERVICES 2,430 62 '
INTUITION LANDSCAPE 388710 21-Oct-2015 CONTRACT SERVICES 709 07
INTUITION LANDSCAPE 388921 28-Oct-2015 CONTRACT SERVICES 655 39
INTUITION LANDSCAPE 389159 04-Nov-2015 CONTRACT SERVICES 637 32
JACK DOW AUTO SUPPLIES LIMITED 388711 21-Oct-2015 CONTRACT SERVICES 67 80
JACK DOW AUTO SUPPLIES LIMITED 389160 04-Nov-2015 MATERIALS 15 26
JACK DOW AUTO SUPPLIES LIMITED 388511 14-Oct-2015 VEH ID#319 153 96 '
JACKET CELLAR THE 389161 04-Nov-2015 MATERIALS 55 37
JACKSON,CHRISTINE 389162 04-Nov-2015 MATERIALS 120.05
JACKSON,DAVE 388712 21-Oct-2015 SERVICES 92 85
JAGUAR BOOK GROUP 388922 28-Oct-2015 MATERIALS 282 93
JANIS A. BARLOW&ASSOC. 389084 04-Nov-2015 MATERIALS 847 50
JANZEN,PETER JACOB 389163 04-Nov-2015 REFUND 500.00
JAX COMMERCIAL FITNESS EQUIPMENT REPAIR 388713 21-Oct-2015 MATERIALS 553.70
JEANNERET,MARCIA 388512 14-Oct-2015 REFUND 240.42
JOE JOHNSON EQUIPMENT 388714 21-Oct-2015 TRAINING 847 50
JOHN PETRELLA 388715 21-Oct-2015 CONTRACT SERVICES 1.130.00
JOHNNY RAG 388923 28-Oct-2015 MATERIALS 134 25
JONATHAN SEGLINS 389238 04-Nov-2015 SERVICES 650.00
JONES,SUZANNE M 388924 28-Oct-2015 REFUND 220.00
JONES,WILFRED 388716 21-Oct-2015 REFUND 274.02
K.L.D. CONSTRUCTION LTD 388930 28-Oct-2015 CONTRACT SERVICES 16,910 45
KANDU POOLS LTD 388717 21-Oct-2015 CONTRACT SERVICES 847 50
KEEN,DAVID&BRZOZOWSKI, KATE 388718 21-Oct-2015 REFUND 707.77
KEITH'S PLUMBING&HEATING INC 389164 04-Nov-2015 CONTRACT SERVICES 5,023.14
KELLY DIGS LANDSCAPING 388719 21-Oct-2015 CONTRACT SERVICES 5.719 69
KELLY FRANCIS COSTUMES INC 388925 28-Oct-2015 MATERIALS 113 00
KELLY SERVICES(CANADA)LTD. 388926 28-Oct-2015 CONTRACT SERVICES 889 08
KELLY SERVICES(CANADA)LTD. 389165 04-Nov-2015 CONTRACT SERVICES 889 08
KENMORE HOMES(NIAGARA FALLS)INC 389166 04-Nov-2015 REFUND 4,000 00
KENMORE HOMES(NIAGARA FALLS)INC 388927 28-Oct-2015 REFUND 1.000.00
KENNY,KELLY 388513 14-Oct-2015 REFUND 68.18
KENWORTH TORONTO LTD 389167 04-Nov-2015 MATERIALS 2.769 22
KENWORTH TORONTO LTD 388720 21-Oct-2015 STORES/INVENTORY 71 72
KENWORTH TORONTO LTD 388928 28-Oct-2015 STORES/INVENTORY 86.68
KERRY T HOWE ENGINEERING LTD 388929 28-Oct-2015 MATERIALS 27 723.75
KIVISTO,BRIAN 388514 14-Oct-2015 MATERIALS 175 00
KLENZOID 388931 28-Oct-2015 MATERIALS 2.763.81
KLOOSTRA,JOHN 388932 28-Oct-2015 REFUND 5610
KORTE,MICHAEL 388933 28-Oct-2015 REFUND 91 99
KRIEG,ROBERT 388721 21-Oct-2015 MATERIALS 175 00
KRONSTEIN,MARK 388722 21-Oct-2015 TRAVEL/MILEAGE 110 00
KROWN 388934 28-Oct-2015 MATERIALS 546.86
KROWN 388515 14-Oct-2015 VEH ID#120 440.52
KROWN 388723 21-Oct-2015 VEH ID#309 440 52
KULKA,ALEX 388935 28-Oct-2015 REFUND 665.02
LAKE'S MAINTENANCE 388516 14-Oct-2015 CONTRACT SERVICES 3,424 48
LAKE'S MAINTENANCE 388724 21-Oct-2015 CONTRACT SERVICES 2,249 32
LAKE'S MAINTENANCE 389168 04-Nov-2015 CONTRACT SERVICES 1,731 73
LALLOUET,ERIC 389169 04-Nov-2015 TRAVEL/MILEAGE 17010
LAW CRUSHED STONE 388517 14-Oct-2015 MATERIALS 5.742 64
LAWNS AND MORE INC 388725 21-Oct-2015 CONTRACT SERVICES 3.341 2.4
LAWSON PRODUCTS INC 388518 14-Oct-2015 MATERIALS 35 12
LAWSON PRODUCTS INC 388936 28-Oct-2015 MATERIALS 1,640.90
LAWSON PRODUCTS INC 389170 04-Nov-2015 MATERIALS 760 61
LAWSON PRODUCTS INC 388726 21-Oct-2015 STORES/INVENTORY 1,624.41
LEBOEUF,NOEL 388519 14-Oct-2015 REFUND 546 35
LEMAY,ISABELLE 388937 28-Oct-2015 REFUND 99.76
LIGHTNING EQUIPMENT SALES INC 388728 21-Oct-2015 VEH ID#571 1 184.24
Page 7 of 12
' CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
LIPPERT&WRIGHT FUELS INC 388521 14-Oct-2015 FUEL 19.425 77
LIPPERT&WRIGHT FUELS INC 388729 21-Oct-2015 MATERIALS 13.915 42
LIPPERT&WRIGHT FUELS INC 389172 04-Nov-2015 STORES/INVENTORY 14 310 34
LODBOA,CHRIS 388522 14-Oct-2015 MATERIALS 175 00
LOOPSTRA NIXON LLP 388939 28-Oct-2015 CONTRACT SERVICES 353 13
LOOPSTRA NIXON LLP 389173 04-Nov-2015 CONTRACT SERVICES 966 15
LOUVER-LITE(CANADA)LTD 389174 04-Nov-2015 REFUND 1.250 00
LUEY.CATHERINE 388730 21-Oct-2015 MATERIALS 55 37
LUNDY'S LANE HISTORICAL L SOCIETY 388523 14-Oct-2015 MATERIALS 136 44
M&L SUPPLY FIRE AND SAFETY 388531 14-Oct-2015 MATERIALS 177 64
M&L SUPPLY FIRE AND SAFETY 388953 28-Oct-2015 MATERIALS 697 35
M&L SUPPLY FIRE AND SAFETY 389187 04-Nov-2015 MATERIALS 276 91
MACDONALD ZUBEREC ENSSLEN ARCHITECTS INC 388940 28-Oct-2015 REFUND 2 500 00
MARACA TALL STILT DRUM GR 389175 04-Nov-2015 MATERIALS 1 727 00
MARATHON DRILLING CO LTD 388524 14-Oct-2015 CONTRACT SERVICES 51.407 03
MARATHON DRILLING CO LTD. 388941 28-Oct-2015 CONTRACT SERVICES 205.583 24
MARTIN SHEPPARD FRASER LLP 388731 21-Oct-2015 CONTRACT SERVICES 2 525 22
MASLEK,JOVO 389176 04-Nov-2015 MATERIALS 150.00
MASSOLIN,RON 388525 14-Oct-2015 MATERIALS 175 00
MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 388732 21-Oct-2015 MATERIALS 1.714 21
MAURICE,STEVE 389177 04-Nov-2015 TRAVEL/MILEAGE 180 36
MAXWELL PAPER CANADA INC 388942 28-Oct-2015 MATERIALS 171 76
MCCORMICK,COLLEEN 388526 14-Oct-2015 REFUND 103.47
MCGREGOR,JOHN 388943 28-Oct-2015 REFUND 500 00
MCLAUGHLIN BRYAN 388733 21-Oct-2015 MATERIALS 177 88
MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 388734 21-Oct-2015 VEH ID#131 1 668 74
MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 388527 14-Oct-2015 VEH ID#155 1.469 00
MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 388944 28-Oct-2015 VEH ID#64 452 00
MCNAMARA,SUSAN 388735 21-Oct-2015 TRAVEL/MILEAGE 140 00
MECH,KEN 388945 28-Oct-2015 TRAVEL/MILEAGE 81 08
MEDIA SUPPLY OUTLET 389178 04-Nov-2015 MATERIALS 565 00
MENARD,JEFF 389179 04-Nov-2015 REFUND 10 00
MENARD.JEFF 388946 28-Oct-2015 TRAVEL/MILEAGE-CONF 455 21
METAL SUPERMARKETS 388736 21-Oct-2015 MATERIALS 370 34
METAL SUPERMARKETS 388947 28-Oct-2015 MATERIALS 29 97
METAL SUPERMARKETS 389180 04-Nov-2015 MATERIALS 891.64
METRO FREIGHTLINER HAMILTON 389181 04-Nov-2015 MATERIALS 13.409.98
METRO FREIGHTLINER HAMILTON 388737 21-Oct-2015 STORES/INVENTORY 7 913 66
METRO PLUMBING&HEATING 389182 04-Nov-2015 REFUND 500.00
MEYER,CHRISTEL 388948 28-Oct-2015 TRAINING-FPPE SEMINAR 45.00
MG PROMOTIONS 388528 14-Oct-2015 MATERIALS 244 08
MICHALOWSKI,ALICIA 388949 28-Oct-2015 REFUND 500 00
MIGNELLI.CARMEN 388529 14-Oct-2015 TRAVEL/MILEAGE 118 80
MILLER.RONALD 388738 21-Oct-2015 TRAVEL/MILEAGE 120 00
MINHINNICK.JOHN 388740 21-Oct-2015 MATERIALS 150 00
MINISTER OF FINANCE 388951 28-Oct-2015 PAYROLL REMITTANCE 70.227 44
MINISTER OF FINANCE 388952 28-Oct-2015 PAYROLL REMITTANCE 3,866.49
MINISTER OF FINANCE 388530 14-Oct-2015 VEH ID#ALL 55.664 00
MINISTER OF FINANCE 388950 28-Oct-2015 VEH ID#ALL 34 536 00
MINISTRY OF ATTORNEY GENERAL 388739 21-Oct-2015 PAYROLL REMITTANCE 2.632 92
MINISTRY OF ATTORNEY GENERAL 389183 04-Nov-2015 PAYROLL REMITTANCE 2.877.48
MISENER,ROB 389184 04-Nov-2015 MATERIALS 450 00
MITCHELL 1 388741 21-Oct-2015 MATERIALS 1 817 04
MITCHELL.LOUIE 389186 04-Nov-2015 MATERIALS 150 00
MITCHELL.ROSIE 389185 04-Nov-2015 REFUND 750 00
MOASE,SUZANNE 388954 28-Oct-2015 TRAVEL/MILEAGE 392 58
MODERN LANDFILL INC 388532 14-Oct-2015 CONTRACT SERVICES 608 20
MODERN LANDFILL INC 388955 28-Oct-2015 CONTRACT SERVICES 3.273.33
MODERN LANDFILL INC 389188 04-Nov-2015 CONTRACT SERVICES 8 703 36
MOHAWK MFG&SUPPLY CO 389189 04-Nov-2015 MATERIALS 1,734 37
MOHAWK MFG&SUPPLY CO 388533 14-Oct-2015 STORES/INVENTORY 125 80
MOHAWK MFG&SUPPLY CO 388742 21-Oct-2015 STORES/INVENTORY 178.53
MOHAWK MFG&SUPPLY CO 388956 28-Oct-2015 STORES/INVENTORY 63 84
MONTGOMERY BROS&NORTHLAND SUPPLY 388743 21-Oct-2015 CONTRACT SERVICES 1 463 36
MONTGOMERY BROS/NORTHLAND SUPPLIES 389190 04-Nov-2015 CONTRACT SERVICES 1,045.25
MOORE,JOAN 388876 28-Oct-2015 REFUND 913 86
MOROCCO,JOHN 388744 21-Oct-2015 TRAVEL/MILEAGE 180 36
MULLEN GARDEN MARKET 388957 28-Oct-2015 MATERIALS 198 88
MULLER S WORKWEAR 388534 14-Oct-2015 MATERIALS 143 51
MULLER'S WORKWEAR 388745 21-Oct-2015 MATERIALS 193 17
MULLER'S WORKWEAR 388958 28-Oct-2015 MATERIALS 58.76
MUNICIPAL ASSOCIATES INC 389191 04-Nov-2015 SERVICES 3.729.00
NATIONAL FLEET CARE LONDON 388535 14-Oct-2015 VEH ID#684 169 50
NATIONAL LEASING 388959 28-Oct-2015 LEASES AND RENTS 1 924 94
Page 8 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
NEDERMAN CANADA LIMITED 388746 21-Oct-2015 MATERIALS 441 15
NEOPOST LEASING SERIVCES CANADA LTD. 389192 04-Nov-2015 LEASES AND RENTS 661 05
NEW FLYER INDUSTRIES CANADA ULC 389193 04-Nov-2015 MATERIALS 6.093 50
NEW FLYER INDUSTRIES CANADA ULC 388536 14-Oct-2015 STORES/INVENTORY 2.032 66
NEW FLYER INDUSTRIES CANADA ULC 388747 21-Oct-2015 STORES/INVENTORY 654 19
NIAGARA ANALYTICAL LABORATORIES INC 388748 21-Oct-2015 CONTRACT SERVICES 711 90
NIAGARA AUTO&TRUCK SERVICE CENTRE LTD 388749 21-Oct-2015 VEH ID#113 107 35
NIAGARA AUTO&TRUCK SERVICE CENTRE LTD 388537 14-Oct-2015 VEH ID#154 53 68
NIAGARA AUTO&TRUCK SERVICE CENTRE LTD 388960 28-Oct-2015 VEH ID#34 33 90
NIAGARA BATTERY&TIRE 389194 04-Nov-2015 VEH ID#309 1 056 55
NIAGARA BATTERY&TIRE 388750 21-Oct-2015 VEH ID#52 4.196 57
NIAGARA BLOCK INCORPORATED 389195 04-Nov-2015 CONTRACT SERVICES 1 407 98
NIAGARA BLOCK INCORPORATED 388751 21-Oct-2015 MATERIALS 342 75
NIAGARA CATHOLIC DISTRICT SCHOOL BOARD EFT 02-Nov-2015 4TH QUARTER LEVY 35 088 00
NIAGARA CUSTOM POWDER COATING INC 388961 28-Oct-2015 MATERIALS 1 632 85
NIAGARA CUSTOM SIGNS&GRAPHICS 389196 04-Nov-2015 MATERIALS 655 40
NIAGARA FALLS ART GALLERY 388962 28-Oct-2015 GRANT 2.250.00
NIAGARA FALLS CONCERT BAND 389197 04-Nov-2015 CONTRACT SERVICES 3.600 00
NIAGARA FALLS HUMANE SOCIETY 388963 28-Oct-2015 REMITTANCE 39,855 16
NIAGARA FALLS JR B CANUCKS 388752 21-Oct-2015 ADVERTISING 250 00
NIAGARA FALLS MINOR HOCKEY ASSOCIATION 388964 28-Oct-2015 GRANT 350 00
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 388753 21-Oct-2015 PAYROLL REMITTANCE 7.510 00
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 388754 21-Oct-2015 PAYROLL REMITTANCE 9 215 36
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 389199 04-Nov-2015 PAYROLL REMITTANCE 7.510 OC
NIAGARA FALLS SPORTSPLEX 389200 04-Nov-2015 MATERIALS 169 50
NIAGARA FALLS TOURISM 388965 28-Oct-2015 GRANT 30.000.00
NIAGARA MEMORIAL MILITAIRES 389201 04-Nov-2015 MATERIALS 1 000 00
NIAGARA METER SERVICES INC 388967 28-Oct-2015 CONTRACT SERVICES 4 817 53
NIAGARA METER SERVICES INC. 389202 04-Nov-2015 CONTRACT SERVICES 5.010 82
NIAGARA ON THE LAKE HYDRO INC 388756 21-Oct-2015 UTILITIES 151 55
NIAGARA PARKS COMMISSION 388968 28-Oct-2015 ADULT WEGO 24HR 16 800.00
NIAGARA PENINSULA AMATEUR RADIO CLUB 389204 04-Nov-2015 MATERIALS 100 00
NIAGARA PENINSULA ENERGY INC 388757 21-Oct-2015 UTILITIES 5 544 71
NIAGARA PENINSULA ENERGY INC 389053 29-Oct-2015 UTILITIES 217 730 25
NIAGARA PENINSULA ENERGY INC 389203 04-Nov-2015 UTILITIES 353.02
NIAGARA PROTECTIVE COATINGS 388538 14-Oct-2015 MATERIALS 137 80
NIAGARA REGION EFT 13-Oct-2015 4TH QUARTER LEVY 19 063 408 00
NIAGARA REGION EFT 04-Nov-2015 CASINO POLICING 1.050.000.00
NIAGARA REGION EFT 02-Nov-2015 DEBT 45-2013/SEP WATER/MISC 2.310,190 45
NIAGARA REGIONAL BROADBAND NETWORK 388970 28-Oct-2015 MATERIALS 7,866 29
NIAGARA REGIONAL POLICE SERVICE 388758 21-Oct-2015 CONTRACT SERVICES 150 00
NIAGARA SUPPORT SERVICES 389205 04-Nov-2015 REFUND 1.250 00
NIAGARA THIS WEEK 388539 14-Oct-2015 ADMINISTRATIVE 518 67
NIAGARA THIS WEEK 388759 21-Oct-2015 ADVERTISING 1 778 62
NIAGARA THIS WEEK 388971 28-Oct-2015 ADVERTISING 1 020 41
NIAGARA VIDEO PRODUCTIONS 388972 28-Oct-2015 MATERIALS 621 50
NICK'S TRUCK PARTS INC 389206 04-Nov-2015 STORES/INVENTORY 125 27
NORCAR CONSTRUCTION 388973 28-Oct-2015 REFUND 2.500 00
NSF INTERNATIONAL STRATEGIC REGISTRATIONS CANADA 388760 21-Oct-2015 MATERIALS 1 921.00
O W.O.T.0 389209 04-Nov-2015 MATERIALS 5.200 26
OIL FILTRATION SPECIALISTS INC 388974 28-Oct-2015 STORES/INVENTORY 1,780.88
OLIVER,STEPHEN 388540 14-Oct-2015 MATERIALS 100 00
OMERS 388975 28-Oct-2015 PAYROLL REMITTANCE 678.781 41
OMERS 388976 28-Oct-2015 PAYROLL REMITTANCE 31 937 46
ONE FOUNDATION FOR NIAGARA HEALTH SYSTEM 388761 21-Oct-2015 GRANT 50.000 00
ONTARIO AGRA PIPING&SUPPLIES INC 389207 04-Nov-2015 MATERIALS 2 169 60
ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 388541 14-Oct-2015 CONTRACT SERVICES 548 05
ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 388762 21-Oct-2015 CONTRACT SERVICES 1.471 83
ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 389208 04-Nov-2015 MATERIALS 4 059 85
ONTARIO ONE CALL 388977 28-Oct-2015 CONTRACT SERVICES 2.283 48
ORKIN CANADA CORPORATION 388763 21-Oct-2015 CONTRACT SERVICES 141 25
OVERHOLT.JUDY A. 388978 28-Oct-2015 REFUND 10 36
PARTY CONNECTION 388764 21-Oct-2015 MATERIALS 47 32
PARTY CONNECTION 388979 28-Oct-2015 MATERIALS 203.40
PATHSTONE FOUNDATION 389210 04-Nov-2015 DONATION 100 00
PENINSULA ABSTRACT INC 388543 14-Oct-2015 CONTRACT SERVICES 67 68
PENINSULA PEST CONTROL LTD 388542 14-Oct-2015 CONTRACT SERVICES 1.943 60
PENINSULA PEST CONTROL LTD 388765 21-Oct.2015 CONTRACT SERVICES 429 40
PENINSULA PEST CONTROL LTD 388980 28-Oct-2015 CONTRACT SERVICES 292 6"
PENINSULA PEST CONTROL LTD 389211 04-Nov-2015 CONTRACT SERVICES 203 40
PENNER BUILDING CENTRE 388544 14-Oct-2015 MATERIALS 254 50
PENNER BUILDING CENTRE 388766 21-Oct-2015 MATERIALS 5' 52
PHILLIPS:JEREMY&PHILLIPS. SOPHIA ROSE 389212 04-Nov-2015 REFUND 1 750 00
PIERGENTILI.LISA 388545 14-Oct-2015 REFUND 277 97
Page 9 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
PIGEON,ROGER 388981 28-Oct-2015 TRAINING-FPPE SEMINAR 45 00
PINERIDGE TREE SERVICE LTD 388546 14-Oct-2015 CONTRACT SERVICES 5.254 50
PINERIDGE TREE SERVICE LTD 388982 28-Oct-2015 CONTRACT SERVICES 4,746 00
PINERIDGE TREE SERVICE LTD 388767 21-Oct-2015 MATERIALS 3.025 58
PINHEIRO.KARREN 388547 14-Oct-2015 REFUND 2812
PIROSKO,JENNIFER LYNN 388983 28-Oct-2015 REFUND 2.500 00
PK HUMMINGBIRD STEEL BAND 389213 04-Nov-2015 MATERIALS 600 00
PLAYPOWER LT CANADA INC 388768 21-Oct-2015 MATERIALS 106 22
POYNTER,DENYSE 388548 14-Oct-2015 REFUND 285 32
PRAXAIR 388769 21-Oct-2015 CONTRACT SERVICES 856 27
PRAXAIR 389214 04-Nov-2015 MATERIALS 359 57
PRECISION CURB CUTTING LTD 389215 04-Nov-2015 CONTRACT SERVICES 1.178 77
PREVOST 388549 14-Oct-2015 STORES/INVENTORY 2.432 25
PREVOST 388770 21-Oct-2015 STORES/INVENTORY 803 37
PREVOST 389216 04-Nov-2015 STORES/INVENTORY 806 23
PRIMARY CARE NIAGARA-NIAGARA FALLS 388771 21-Oct-2015 MATERIALS 322 00
PRIMARY CARE NIAGARA-NIAGARA FALLS 388984 28-Oct-2015 MATERIALS 300 00
PRIMARY CARE NIAGARA-NIAGARA FALLS 389217 04-Nov-2015 MATERIALS 270 00
PRINTING HOUSE LTD 388772 21-Oct-2015 MATERIALS 280 64
PRINTING HOUSE LTD 388985 28-Oct-2015 MATERIALS 277 87
PRINTING HOUSE LTD 389218 04-Nov-2015 MATERIALS 2 114 23
PROJECT SHARE 388986 28-Oct-2015 GRANT 24.866 66
PROTEL ALARM&SIGNAL 388550 14-Oct-2015 CONTRACT SERVICES 144 08
PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 388551 14-Oct-2015 CONTRACT SERVICES 525 373 56
PROVINCIAL CONTRACTORS!NC 388773 21-Oct-2015 MATERIALS 6.780 00
PROVINCIAL CONTRACTORS INC 389219 04-Nov-2015 MATERIALS 4.011 50
PROVINCIAL DESIGN 388552 14-Oct-2015 MATERIALS 424 88
PUBLIC SECTOR DIGEST 388553 14-Oct-2015 SERVICES 5.488 83
PURE WATER NIAGARA 388988 28-Oct-2015 MATERIALS 11 50
PURE WATER NIAGARA 389221 04-Nov-2015 STORES/INVENTORY 17 25
PUROLATOR COURIER 388774 21-Oct-2015 COURIER 127 26
PUROLATOR COURIER 388987 28-Oct-2015 COURIER 35 30
PUROLATOR COURIER 389220 04-Nov-2015 COURIER 24 01
PVM HYDRAULICS LTD 388989 28-Oct-2015 CONTRACT SERVICES 971 80
PVS CONTRACTORS 388990 28-Oct-2015 CONTRACT SERVICES 46.603 98
PVS CONTRACTORS 388554 14-Oct-2015 CONTRACT SERVICES 42,099 43
PVS CONTRACTORS 388775 21-Oct-2015 CONTRACT SERVICES 51.440 73
QUARTEK GROUP INC 388776 21-Oct-2015 MATERIALS 14,443.10
QUARTEK GROUP INC 388991 28-Oct-2015 MATERIALS 1.579 46
R&W HOIST REPAIRS LTD 389001 28-Oct-2015 CONTRACT SERVICES 6,966 45
R.J SMITH EQUIPMENT INC 388559 14-Oct-2015 MATERIALS 3.005.68
R J.SMITH EQUIPMENT INC 389229 04-Nov-2015 MATERIALS 2.025 97
R W HAMILTON LTD. 388786 21-Oct-2015 MATERIALS 41 98
RACO AUTO SUPPLY LTD 388555 14-Oct-2015 STORES/INVENTORY 481 52
RACO AUTO SUPPLY LTD 388777 21-Oct-2015 STORES/INVENTORY 957 88
RACO AUTO SUPPLY LTD 388992 28-Oct-2015 STORES/INVENTORY 404 54
RACO AUTO SUPPLY LTD 389222 04-Nov-2015 STORES/INVENTORY 832 85
RAINBOW PURE WATER 388778 21-Oct-2015 MATERIALS 508 50
RAINBOW PURE WATER 389223 04-Nov-2015 MATERIALS 508.50
RANKIN CONSTRUCTION INC 389224 04-Nov-2015 CONTRACT SERVICES 1.233 96
RANKIN CONSTRUCTION INC 388993 28-Oct-2015 MATERIALS 4.253 56
RBC LIFE INSURANCE COMPANY 388994 28-Oct-2015 REMITTANCE 1,525 78
READ SAWCUTTING&CORING INC. 388556 14-Oct-2015 CONTRACT SERVICES 452.00
READ SAWCUTTING&CORING INC. 388779 21-Oct-2015 MATERIALS 452 00
REALTAX INC 388780 21-Oct-2015 MATERIALS 5 254 50
REALTAX INC 389225 04-Nov-2015 MATERIALS 819 25
REALTERM ENERGY CORP EFT 02-Nov-2015 STREETLIGHT RETROFIT PGM 1,856.028 88
RECEIVER GENERAL 388781 21-Oct-2015 PAYROLL REMITTANCE 1 268 99
RECEIVER GENERAL 388782 21-Oct-2015 PAYROLL REMITTANCE 429 590 75
RECEIVER GENERAL 389226 04-Nov-2015 PAYROLL REMITTANCE 410.721 31
RECEIVER GENERAL 389227 04-Nov-2015 PAYROLL REMITTANCE 1 354 44
RED TRAC A DIVISION OF D&W GROUP INC. 388557 14-Oct-2015 VEH ID#212 245 81
RED TRAC A DIVISION OF D&W GROUP INC. 388783 21-Oct-2015 VEH ID#212 427 81
RIDLEY&ASSOCIATES APPRAISAL SERVICES LIMITED 388558 14-Oct-2015 CONSULTING SERVICES 1.200 51
RIVER REALTY DEVELOPMENT INC 389228 04-Nov-2015 REFUND 12.009 22
ROCHESTER MIDLAND LIMITED 388995 28-Oct-2015 CONTRACT SERVICES 84 34
RODRIGO.EDMUND 388996 28-Oct-2015 REFUND 63 86
ROGERS WIRELESS INC 388997 28-Oct-2015 SERVICES 1.416 37
ROMANELLI,SAM 388560 14-Oct-2015 REFUND 199 27
RONNIES GENERATOR SERVICE LTD 388784 21-Oct-2015 MATERIALS 576 30
ROUPAS.ELLEN 388785 21-Oct-2015 TRAVEL/MILEAGE 359 20
ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND 388562 14-Oct-2015 MATERIALS 75 00
ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND 388999 28-Oct-2015 MATERIALS 130 00
ROYAL CANADIAN LEGION NO 396 388561 14-Oct-2015 ADVERTISING 45 00
Page 10 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No Cheque Date Purpose Amount
ROYAL CANADIAN LEGION NO 396 388998 28-Oct-2015 MATERIALS 65 00
RUGGI.JOE 389000 28-Oct-2015 REFUND 750 00
SACCO,DOLORES 388787 21-Oct-2015 PETTY CASH 528 15
SAFE STOR RECORDS MANAGEM 389002 28-Oct-2015 MATERIALS 248 93
SAFETY KLEEN SYSTEMS INC 388563 14-Oct-2015 CONTRACT SERVICES 489 84
SAINT MARY CRUSADERS'DRUMLINE 389231 04-Nov-2015 MATERIALS 1,400.00
SAINT MICHAEL CATHOLIC HIGH SCHOOL 389230 04-Nov-2015 MATERIALS 100 00
SAINT PAUL CATHOLIC HIGH SCHOOL 389232 04-Nov-2015 MATERIALS 100.00
SANI GEAR 389003 28-Oct-2015 MATERIALS 266 97
SCHMALZ.MONICA 389233 04-Nov-2015 MATERIALS 225 00
SCOTT BEST SEWER SERVICES 388564 14-Oct-2015 CONTRACT SERVICES 536 75
SCOTT BEST SEWER SERVICES 388788 21-Oct-2015 CONTRACT SERVICES 762 75
SCOTT BEST SEWER SERVICES 389004 28-Oct-2015 CONTRACT SERVICES 649 75
SCOTT BEST SEWER SERVICES 389234 04-Nov-2015 CONTRACT SERVICES 169 50
SEARCH AND RESCUE NIAGARA 389237 04-Nov-2015 MATERIALS 100 00
SEAWAY FLUID POWER GROUP 388789 21-Oct-2015 MATERIALS 214 86
SEAWAY FLUID POWER GROUP 389005 28-Oct-2015 VEH ID#290 200 01
SEAWAY FLUID POWER GROUP 388565 14-Oct-2015 VEH ID#536 268 69
SEAWAY FLUID POWER GROUP 389235 04-Nov-2015 VEH ID#571 342 57
SEMACH,NANCY 388566 14-Oct-2015 MATERIALS 150 00
SENKERIK FIRE PROTECTION 389006 28-Oct-2015 MATERIALS 722 05
SENTINEAL CARRIAGES INC 389239 04-Nov-2015 MATERIALS 1 017 00
SERVICEMASTER CLEAN OF NIAGARA 389007 28-Oct-2015 CONTRACT SERVICES-TRANSIT 6 402.58
SGL PLANNING&DESIGN INC 389008 28-Oct-2015 CONTRACT SERVICES 2 836 54
SHARPE.KIMBERLEY 388790 21-Oct-2015 REFUND 32 72
SHAULE,LUIGINA 389009 28-Oct-2015 REFUND 628 00
SHEEHAN ARBITRATION MEDIATION SERVICES 389240 04-Nov-2015 CONTRACT SERVICES 1.618 75
SHELLY.PATRICIA 389010 28-Oct-2015 REFUND 176.89
SHELTON,HARVEY 389241 04-Nov-2015 MATERIALS 150.00
SHOP INDUSTRIAL 389011 28-Oct-2015 VEH ID#290 162.886 23
SIGNATURE SIGNS 388567 14-Oct-2015 CONTRACT SERVICES 639 58
SIGNATURE SIGNS 388791 21-Oct-2015 MATERIALS 740.66
SIGNATURE SIGNS 389242 04-Nov-2015 MATERIALS 598 90
SIGTRONICS US DRAFT 06-Oct-2015 MATERIALS 57 73
SIMPLISTIC LINES INC 389243 04-Nov-2015 MATERIALS 1,902.36
SINGH.JANG BAHADUR 388568 14-Oct-2015 REFUND 41 68
SLUTE,EMERLEE 389012 28-Oct-2015 REFUND 750 00
SMITH,DARRELL 389013 28-Oct-2015 REFUND 15.26
SOLID CADDGROUP INC 388792 21-Oct-2015 CONTRACT SERVICES 18 190 74
SOMERVILLE,GREG 389244 04-Nov-2015 MATERIALS 175 00
SPARKS,BRIAN 388793 21-Oct-2015 MATERIALS 142.37
SPEARE SEEDS 389245 04-Nov-2015 MATERIALS 5 404 51
ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 389015 28-Oct-2015 MATERIALS 1 791 23
ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 389249 04-Nov-2015 VEH ID#130 203.89
ST JOHN AMBULANCE 389017 28-Oct-2015 GRANT 46.255 24
STAMFORD COLLEGIATE 389246 04-Nov-2015 MATERIALS 100 00
STAMFORD HOME HARDWARE 388569 14-Oct-2015 MATERIALS 138 97
STANGL'S ENVIRO LAWN CARE 389247 04-Nov-2015 MATERIALS 169 50
STAPLES ADVANTAGE 388570 14-Oct-2015 STORES/INVENTORY 1 024 02
STAPLES ADVANTAGE 388794 21-Oct-2015 STORES/INVENTORY 1,16866
STAPLES ADVANTAGE 389014 28-Oct-2015 STORES/INVENTORY 2 583 71
STAPLES ADVANTAGE 389248 04-Nov-2015 STORES/INVENTORY 709 39
STAR TILE CENTRE LIMITED 388571 14-Oct-2015 CONTRACT SERVICES 2.430 07
STEVENSVILLE LAWN SERVICE INC 388573 14-Oct-2015 CONTRACT SERVICES 187 034 63
STILT GUYS 389250 04-Nov-2015 CONTRACT SERVICES 847 50
STITCH IT CANADA'S TAILOR 389016 28-Oct-2015 MATERIALS 48.57
STOLK CONSTRUCTION LTD 388795 21-Oct-2015 MATERIALS 8 982 22
STONE,SHAWN 388575 14-Oct-2015 REFUND 100 81
STORAGE NIAGARA 389018 28-Oct-2015 CONTRACT SERVICES 536 75
STORIN,LEA CHRISTINE 388574 14-Oct-2015 REFUND 40 14
STREAMLINE UPHOLSTERY INC 388576 14-Oct-2015 CONTRACT SERVICES 237.30
STREAMLINE UPHOLSTERY INC 389251 04-Nov-2015 MATERIALS 3.423.90
STREAMLINE UPHOLSTERY INC 389019 28-Oct-2015 VEH ID#214 1 203.45
SUN LIFE ASSURANCE COMPANY WIRE 02-Nov-2015 NOVEMBER PREMIUMS 388 341 72
SUN MEDIA CORPORATION 388797 21-Oct-2015 ADVERTISING 5 028 50
SUNCOR ENERGY PRODUCTS PARTNERSHIP 388577 14-Oct-2015 FUEL 41 378 75
SUNCOR ENERGY PRODUCTS PARTNERSHIP 388796 21-Oct-2015 FUEL 34.565 70
SUNCOR ENERGY PRODUCTS PARTNERSHIP 389020 28-Oct-2015 FUEL 87 484 97
SUPERIOR LAUNDRY SERVICE LTD 388799 21-Oct-2015 CONTRACT SERVICES 384 21
SUPERIOR LAUNDRY SERVICE LTD. 388579 14-Oct-2015 MATERIALS 75 71
SUPERIOR PROPANE 388578 14-Oct-2015 MATERIALS 29 67
SUPERIOR PROPANE 388798 21-Oct-2015 MATERIALS 29 67
TALK WIRELESS INC 389021 28-Oct-2015 CONTRACT SERVICES 1 731 69
TALK WIRELESS INC 388800 21-Oct-2015 MATERIALS 526.58
Page 11 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
TALK WIRELESS INC 389254 04-Nov-2015 MATERIALS 4 653 34
TD CANADA TRUST 389022 28-Oct-2015 REFUND 210.56
TD CANADA TRUST 388580 14-Oct-2015 REFUND 971 29
TECHNICAL STANDARDS&SAFETY AUTHORITY 388581 14-Oct-2015 CONTRACT SERVICES 435 05
TECHNICAL STANDARDS&SAFETY AUTHORITY 388801 21-Oct-2015 CONTRACT SERVICES 205 00
TECHNICAL STANDARDS&SAFETY AUTHORITY 389023 28-Oct-2015 MATERIALS 100 00
TEIBERT.GEORGE 389024 28-Oct-2015 MATERIALS 172 88
TELUS COMMUNICATIONS COMPANY 389025 28-Oct-2015 SERVICES 796 65
TENAQUIP LIMITED 388802 21-Oct-2015 MATERIALS 1 345 50
THYSSENKRUPP ELEVATOR 389026 28-Oct-2015 CONTRACT SERVICES 675 50
TIAN GUO MARCHING BAND 389255 04-Nov-2015 MATERIALS 1.800 00
TIKKY,MARIANNE 389027 28-Oct-2015 TRAVEL/MILEAGE-CRS CERTIFICAT 122 04
TIM HORTONS STORE#30 388582 14-Oct-2015 MATERIALS 179 01
TODD,KEN 388583 14-Oct-2015 TRAVEL/MILEAGE 269 46
TODD,KEN 389256 04-Nov-2015 TRAVEL/MILEAGE 1.933 80
TOMAHAWK TREE SERVICE 388584 14-Oct-2015 MATERIALS 1 921 00
TOMAHAWK TREE SERVICE 389028 28-Oct-2015 MATERIALS 1,469.00
TOOLBOX 388585 14-Oct-2015 MATERIALS 395 33
TOP HAT MARCHING ORCHESTRA 389257 04-Nov-2015 MATERIALS 2.500.00
TOPLIFFE.JEANETTE 389258 04-Nov-2015 REFUND 123 09
TORBRAM ELECTRIC SUPPLY 388586 14-Oct-2015 MATERIALS 96 05
TORBRAM ELECTRIC SUPPLY 388803 21-Oct-2015 MATERIALS 114 27
TORBRAM ELECTRIC SUPPLY 389029 28-Oct-2015 MATERIALS 224 55
TORBRAM ELECTRIC SUPPLY 389259 04-Nov-2015 MATERIALS 7 51
TOROMONT INDUSTRIES LTD 388804 21-Oct-2015 MATERIALS 86 45
TOROMONT INDUSTRIES LTD 389031 28-Oct-2015 VEH ID#290 79 07
TOROMONT INDUSTRIES LTD 388587 14-Oct-2015 VEH ID#571 157.86
TORRECAMPO.DENNIS 389030 28-Oct-2015 REFUND 500 00
TRANSAXLE PARTS(HAMILTON)INC. 388588 14-Oct-2015 STORES/INVENTORY 734 09
TRANSAXLE PARTS(HAMILTON)INC. 388805 21-Oct-2015 STORES/INVENTORY 3 530 91
TRANSAXLE PARTS(HAMILTON)INC. 389032 28-Oct-2015 STORES/INVENTORY 3.107 15
TRANSAXLE PARTS(HAMILTON)INC. 389260 04-Nov-2015 STORES/INVENTORY 828 31
TRAPEZE SOFTWARE ULC 388806 21-Oct-2015 MATERIALS 1 022 88
TRK ATTACHMENTS INC 388589 14-Oct-2015 VEH ID#214 3 800 19
TRUGREEN 389261 04-Nov-2015 CONTRACT SERVICES 1 996 03
TRUGREEN 388590 14-Oct-2015 MATERIALS 1,08819
TWARDAWSKY,NICK 388591 14-Oct-2015 TRAVEL/MILEAGE 79 92
TWARDAWSKY.NICK 389262 04-Nov-2015 TRAVEL/MILEAGE 123.12
TYCO INTEGRATED FIRE&SECURITY 388592 14-Oct-2015 MATERIALS 101 70
ULINE CANADA CORPORATION 389263 04-Nov-2015 MATERIALS 960 28
ULTIMATE DISCOVERY 389264 04-Nov-2015 TRAINING 3 390 00
UNITED LABORATORIES 389265 04-Nov-2015 MATERIALS 4,079 65
UNITED WAY 388807 21-Oct-2015 PAYROLL REMITTANCE 1 042 00
URBAN&ENVIRONMENTAL MANAGEMENT INC 388808 21-Oct-2015 MATERIALS 2 154 06
URBAN&ENVIRONMENTAL MANAGEMENT INC 389033 28-Oct-2015 MATERIALS 2 185 14
VADIM COMPUTER MANAGEMENT GROUP LTD 388593 14-Oct-2015 SERVICES 813 60
VALERI,LOUIE&VALERI, FRANCES 389034 28-Oct-2015 REFUND 343 89
VALLEN 388809 21-Oct-2015 MATERIALS 163 85
VALLEY BLADES LIMITED 389266 04-Nov-2015 VEH ID#80/83 3,558 03
VALUE MUFFLER&BRAKE CENTRE 389267 04-Nov-2015 VEH ID#136 589 25
VALUE MUFFLER&BRAKE CENTRE 388594 14-Oct-2015 VEH ID#52 543 32
VAN HOUTTE COFFEE SERVICES INC CO 38 388595 14-Oct-2015 MATERIALS 8 90
VANCAMP,DAVID 388810 21-Oct-2015 REFUND 125 02
VANDER WEYDEN CONSTRUCTION 388811 21-Oct-2015 MATERIALS 31 154 10
VECTOR TOOLING 388596 14-Oct-2015 VEH ID#288&289 316.40
VITATERNA,NICK 388812 21-Oct-2015 REFUND 41248
VRSIC DANICA 389035 28-Oct-2015 REFUND 100 95
WAJAX EQUIPMENT#30 389036 28-Oct-2015 VEH ID#185 1 574 48
WAJAX POWER SYSTEMS 388813 21-Oct-2015 STORES/INVENTORY 6 344 34
WAJAX POWER SYSTEMS 389037 28-Oct-2015 STORES/INVENTORY 765 11
WAJAX POWER SYSTEMS 389268 04-Nov-2015 STORES/INVENTORY 11,091 25
WAKUNICK,JAMES 388814 21-Oct-2015 MATERIALS 175 00
WALKER AGGREGATES INC 388597 14-Oct-2015 MATERIALS 4.694 41
WALKER AGGREGATES INC 388815 21-Oct-2015 MATERIALS 1,246 18
WALKER AGGREGATES INC 389269 04-Nov-2015 MATERIALS 6.820 43
WALLACE,KIMBERLY 389038 28-Oct-2015 REFUND 199 74
WARCHALA,MICHAEL 388599 14-Oct-2015 TRAVEL/MILEAGE 390 86
WARDROP.PAULA 388817 21-Oct-2015 REFUND 84 75
WARMAN.THOMAS 389270 04-Nov-2015 MATERIALS 5517
WASTE MANAGEMENT 389039 28-Oct-2015 CONTRACT SERVICES 98.71
WATER CONCEPTS 389040 28-Oct-2015 MATERIALS 193 80
WELLAND AUTO MARINE 389041 28-Oct-2015 CONTRACT SERVICES 2,802 39
WENDYS/MS#2 389042 28-Oct-2015 REFUND 5.044 39
WESCO DISTRIBUTION CANADA INC 388600 14-Oct-2015 STORES/INVENTORY 380 13
Page 12 of 12
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No Cheque Date Purpose Amount
WESTLANE SECONDARY SCHOOL 389271 04-Nov-2015 MATERIALS 100 00
WET&HUMID NO MORE LTD 389272 04-Nov-2015 REFUND 750 00
WILSON STEVE 388819 21-Oct-2015 MATERIALS 91 24
WINTER FESTIVAL OF LIGHTS 389044 28-Oct-2015 GRANT 20 166 66
WOLSELEY CANADA INC 388602 14-Oct-2015 MATERIALS 2 299 98
WOLSELEY CANADA INC 389274 04-Nov-2015 MATERIALS 47 85
WOMEN'S PLACE OF SOUTH NIAGARA INC 389045 28-Oct-2015 GRANT 1.612 50
WOODBRIDGE,NEIL&WOODBRIDGE,JOAN 388820 21-Oct-2015 REFUND 525 78
WORK AUTHORITY 388603 14-Oct-2015 MATERIALS 450 00
WORK AUTHORITY 389275 04-Nov-2015 MATERIALS 1,296 04
WORK EQUIPMENT LTD 389046 28-Oct-2015 STORES/INVENTORY 3 225 24
WORK EQUIPMENT LTD 389276 04-Nov-2015 VEH ID#299 711 19
WORK EQUIPMENT LTD 388821 21-Oct-2015 VEH ID#300 2 864 65
WSIB 389047 28-Oct-2015 PAYROLL REMITTANCE 792 29
WSIB 388604 14-Oct-2015 REMITTANCE 3 009 94
WSIB 388822 21-Oct-2015 REMITTANCE 30.577 89
WSIB 389277 04-Nov-2015 REMITTANCE 8.034 54
WYLIE,BRENDA 388823 21-Oct-2015 PETTY CASH 750 40
WYLIE.BRENDA 389278 04-Nov-2015 PETTY CASH 733 15
XPLORNET COMMUNICATIONS INC 389048 28-Oct-2015 SERVICES 338 83
YELLOW PAGES GROUP 389049 28-Oct-2015 ADVERTISING 519 30
YEO.BRIAN 388605 14-Oct-2015 MATERIALS 175 00
YMCA OF NIAGARA 388824 21-Oct-2015 CONTRACT SERVICES 6 284 17
YMCA OF NIAGARA 389050 28-Oct-2015 CONTRACT SERVICES 3.290 14
YOCHIM BRIAN HARRY 388825 21-Oct-2015 REFUND 400 00
YOCHIM,BRIAN HARRY 389279 04-Nov-2015 REFUND 120 00
YOUNG SOD FARMS LTD 388606 14-Oct-2015 MATERIALS 1.905 18
YULE,JOHN ALEXANDER 389051 28-Oct-2015 REFUND 142 17
YWCA NIAGARA REGION 389052 28-Oct-2015 GRANT 4 277 75
ZAHID,HUSSAIN&FARID, MAMOONA 388918 28-Oct-2015 REFUND 782 10
ZRELEC,VLADIMIR 388607 14-Oct-2015 REFUND 40 00
Total 31,014,961.22
F-2015-38
Niagaraplls November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2015-38
2013 Development Charges
RECOMMENDATION
That Council receive and file the attached financial summaries regarding Development
Charges for the 2013 fiscal year.
EXECUTIVE SUMMARY
Finance staff must provide Council an annual report on the transactions that occurred
from the collection and use of development charges within six months of the approval of
the City's annual financial statements, a requirement of the Development Charges Act.
The 2013 financial statements were approved on October 24, 2015. The report
provides a statement outlining the receipts and uses of all development charges
collected under the authority of Part II of the Development Charges Act, 1997. During
2013, the City had a net decrease of approximately $263,081 . It is important to note the
funds are collected for expenditures identified in the development charge by-law which
was approved in 2009.
BACKGROUND
The City is required by the Development Charges Act to provide Council an annual
summary of activity. The required content for this financial reporting is as follows:
Balance as of January 1
• The development charges reserve fund balances as reported on the
audited financial statements for the preceding year.
Development Charges Received or Receivable
• These development charges are to be allocated to the specific service to
which they are to be applied.
Development Charges Refunded
• The total of all refunds of development charges, including the interest on
the refund calculated on the basis of the provisions of section 13 of
Ontario Regulation 725/89.
2
F-2015-38
November 24, 2015
• The total refunded amount is to be credited to the specific service to which
the original charges had been applied.
Accrued Interest
• The total interest earned on all reserve fund investments will be shown, as
well as the apportionment of such interest earnings among the various
services.
Transfers to Capital Fund
• The total of all amounts transferred to the capital fund including all interest
earned on such funds as at the date the amounts are transferred.
• The total of the amounts transferred are to be credited to the specific
service to which the original charges had been applied.
Amounts Allocated to Other Services
• Indicate the amounts which Council has determined are to be transferred
from the service originally allocated to another service.
Balance at Year's End
• The development charge reserve fund balance or balances as reported on
the audited financial statements of the current year.
Historical Trend of Development Charges
The amount in the reserve funds at a point in time is a product of amounts collected,
amounts used to fund capital projects and interest earned in the reserves. Ultimately,
the purpose of development charges by-law is to collect adequate amounts that can be
used to fund growth related projects. The chart below summarizes the historical year
end balances.
3
F-2015-38
November 24, 2015
History of Development Charge Reserve Funds
Development Interest
Charge Disbursements Earned Year End Balance
Revenue
2006 $17,884,395
2007 $1,776,969 (8,381,671) $675,731 11,955,424 {
2008 2,931 ,001 (4,496,182) 661 ,515 11,051,758 1
2009 1,629,288 (4,328,877) 368,114 8,720,281
2010 4,704,720 (3,362,456) 205,093 10,267,642
2011 3,265,3431 (1,227,617) 271,608 12,576,876
2012 3,352,232 (4,081,593) 194,899 12,042,5131
2013 3,263,602 (3,704,854) _ 178,171 11,779,432
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
As this shows, development charges received in 2013 were lower than the previous
year. Interest income was slightly less than the previous year. It is important to note,
that while development charges reserves in aggregate totaled $11 ,779,432 as at
December 31, 2013, individual reserves are held for specific expenditures, such as fire,
roads, water, sewers, etc. in the future.
The year-end balance of $11 ,779,432 can be broken down as shown in the attached
Development Charges Financial Statement. The attached summary illustrates the
available amounts for each service area. It should be noted that these reserves are
designated to be used in the areas that these pertain to and have been collected based
on the current Development Charges Study.
A summary of the financial statement follows:
Balance as at January 1 , 2013 $12,042,513
Received Development Charges 3,294,840
Refunded Development Charges (31,238)
Interest Earned 178,171
Transfer to Capital Projects (2,597,857)
Transfer to Operating (1,069,997)
Balance as at December 31 , 2013 $11,779,432
As required by the development charges legislation, capital projects that receive funding
from development charges are required to report the other sources of funding. A
summary of the sources for this total funding is as follows:
4
F-2015-38
November 24, 2015
New Development Charges By-law $2,597,857
Federal & Ontario Grants 103,773
Operating/Utility Revenue Fund 5,689,647
Reserve Funds 67,616
Gas Tax Reserve Fund 1,131,193
Capital Reserve Accounts 140,000
Debenture 511,478
Outside Billings 3,611,072
Interest Revenue 29,930
Special Purpose Reserves 61,730
Total Funding $13,303,499
It should be noted that the 2009 Development Charges by-law identifies uses for the
monies held in the various reserves. Thus. the future projects are dependent upon the
continued collection of development charges to ensure funding for committed projects
and to maintain adequate balances.
LIST OF ATTACHMENTS
Development Charges Financial Statement for the period January 1 to December 31,
2013.
.1 t.
Recommended by: f
Todd Harrison, Director of Finance
„Lit41.4Respectfully submitted: I
Ken Todd, Chief Administrative Officer
CITY OF NIAGARA FALLS
DEVELOPMENT CHARGES
FINANCIAL STATEMENT
FOR THE PERIOD JAN 1 TO DEC. 31, 2013
Add: Subtract: Add: Subtract: Subtract: Allocation:
DEVELOPMENT CHARGES RESERVE FUNDS Opening Received Refunded Interest Transfers Transfers Transfers Closing
Sub -Account Purpose/Service Balance Development Development Earned To Capital To Between Balance
Jan1/13 Charges Charges Projects Operating Services Dec 31/13
GENERAL SERVICES - INELIGIBLE (s.s.2.4; s.s.5.3)
Government 3,379 0 0 43 0 0 0 3,422
Municipal Works 161,082 0 0 2,024 0 (38,500) 0 124,607
General Services Total 164,461 0 0 2,067 0 (38,500) 0 128,028
CITY WIDE SERVICES
Administration (General Gov't) 332,921 63,012 (1,113) 5,007 (6,829) 0 0 392,998
Roads 2,093,015 394,750 (6,792) 30,753 (50,384) 0 0 2,461,341
Transit 596,278 68,306 (1,219) 9,209 0 0 0 672,574
Parks & Recreation 692,535 338,035 (3,135) 10,388 0 0 0 1,037,823
Library 569,736 41,189 (385) 8,847 (122,065) 0 0 497,323
City Wide Services Total 4,284,485 905,293 (12,644) 64,203 (179,278) 0 0 5,062,058
URBAN SERVICES OTC
Water 1,011,762 480,932 (1,682) 14,546 (458,756) (202,672) 0 844,129
Sanitary Sewerage 1,631,809 709,224 (6,841) 23,524 (718,567) (317,454) 0 1,321,694
Storm Water Managment 2,710,279 1.198,722 (10,072) 39,051 (1,200,140) (530,206) 0 2,207,634
Fire 1,244,711 0 0 19,428 0 0 0 1,264,139
Urban Services OTC Total 6,598,560 2,388,878 (18,594) 96,549 (2,377,463) (1,050,332) 0 5,637,597
TOURIST CORE SERVICES
Water 6,015 31 0 85 (1,891) (836) 0 3,404
Sanitary Sewerage 12,423 64 0 176 (3,906) (1,726) 0 7,031
Storm Water Managment 112,327 575 0 1,595 (35,319) (15.603) 0 63,575
Fire 864,242 0 0 13.495 0 0 0 877,737
Tourist Core Services Total 995,007 669 0 15,352 (41,116) (18,164) 0 951,748
SUBTOTAL RESERVE FUNDS
GRAND TOTAL
11,878,052 3,294,839
(31,239) 176,104 (2,597,857) (1,068,497) 0 11,651,403
12,042,513 3,294,839
(31,239) 178,171 (2,597,857) (1,106,997) 0 11,779,432
C \Users\Iw288\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3OESOWUD\2013 DEV CHRG CONTINUITY xls 09/09/2015 4:05 PM
F-Ap
Niagar iJWls
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Human Resources
SUBJECT: HR -2015-02
Council/Non-Union Salary Increases
HR -2015-02
November 24, 2015
RECOMMENDATION
1) That Council approve a salary and benefit increase for non-union employees at a
similar percentage to unionized staff for fiscal year 2015 and term of Council,
subject to annual budget approval and unless otherwise directed.
2) That Council affirm By -Law 99-22 by increasing the salaries of the Mayor and
Council by a similar percentage to the union/non-union staff in 2015 (and for the
term of Council), subject to annual budget approval and unless otherwise directed.
EXECUTIVE SUMMARY
In accordance with their collective agreements, unionized bargaining groups are due to
receive a two percent (2%) increase to their salary end rates in 2015. Over the years, the
City of Niagara Falls has adopted a practice of providing similar annual salary adjustments
to non -unionized staff, subject to budget approval.
Until Council's decision to freeze their own salaries in 2009, the most recent method has
been to align the remuneration of the Mayor and Council with the same percentage
provided to union (non-union) staff. This practice is in accordance with By -Law 99.
Due to economic times of restraint, Council did not avail themselves to a salary increase
last term, although an approved 2012 motion stated that the practice outlined in By-law
#99-22 be reinstated after the next municipal election in 2014.
This report recommends a salary increase of 2% (1 % in January, 1% in July) for non-union
staff and members of Council which is consistent with By-law 99-22 and the 2012 motion.
Such action is aligned with the past practice of implementing similar percentage increases
afforded to unionized staff. As part of this adjustment, staff are also recommending an
amendment to vision care benefit coverage to $400 ($350) every two years.
November 24, 2015 -2 - HR-2015-02
BACKGROUND
Since January 2009, the salaries of the Mayor and City Council have remained frozen. The
latest information from the Ontario Ministry of Labour indicates that the municipal annual
base wage rate percentage increase average (year to date) is 1.9%.
CITY'S STRATEGIC COMMITMENT
The proposed increases are consistent with Council's strategic priority to monitor costs and
improve the efficiency, service and excellence within the organization.
ANALYSIS/RATIONALE
The proposed salary increase is reasonable, fair and consistent with industry norms and,
past practice.
FINANCIAL / STAFFING IMPLICATIONS
This general increase can be covered within the ap d operational budget for 2015.
Recommended by: /
Trent Dam; irector of Human Resources
Respectfully submitted:
Ken Todd, Chief Administrative Officer
CITY OF NIAGARA FALLS
By-law No. 99 -22
A by-law to amend By-law No. 98-66,being a by-law to provide for the remuneration of the Mayor
and Members of Council of the City of Niagara Falls.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. By-law No. 98-66 is amended by adding the following:
"3. (a) The salary of the Mayor and the remuneration of each Member of Council
shall be increased by the same percentage that the union and non-union
employees of the City of Niagara Falls may receive for salary increases in
any calendar year.
(b) The increase,if any,referred to in subsection(a)shall take effect on January
1 in the year of the increase.
(c) If there is more than one increase in a calendar year, then the increases shall
be averaged for the calendar year.
4. By-laws No. 90-112 and 90-113 are repealed."
Passed this first day of February , 1999.
411.10
E. C. WAGG, ERK *A HOMSON,MAYOR
First Reading: February 1 , 1999.
Second Reading: February 1 , 1999.
Third Reading: February 1 , 1999.
- 8 - Council Minutes
May 8 2012
TS-2012-19-Willoughby Drive - Traffic Operations Review. The report recommends
that this report be received for the information of Council.
TS-2012-23 - Downtown Parking Program. The report recommends the following:
1 The program outlined in this report,established to encourage customer patronage
and to provide flexibility and parking options, be approved.
2. The Downtown Board and Staff continue to develop parking programs that will
enhance the customer experience.
TS-2012-24 - Contract Renewal - Canadian Corps of Commissionaires. The report
recommends the following:
1. That Council approve a three (3) year extension to the Canadian Corps of
Commissionaires (Hamilton) contract for the supply of Parking Control Services.
School Crossing Program Administration, Building Security Services; and.
2. That the Mayor and City Clerk be authorized to execute the necessary agreement.
TS-2012-25-Transit Agreement with Brock University Students Union(BUSU). The
report recommends the following:
• That Niagara Falls Transit services be provided to full-time Brock University
students for the school year: September 2012 through April 2013.
• That Niagara Falls Transit service is extended to Brock University in St.Catharines.
• That the municipality enter into a one year agreement with Brock University
Student's Union to provide the service at full cost recovery.
• That the Mayor and City Clerk be authorized to execute the necessary agreement.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
with Councillor Wing indicating a conflict on TS-2012-25.
HR-2012-05 -Council Remuneration. The report recommends that Council reaffirm
By-Law 99-22, retroactive to January 1, 2012.
ORDERED on the motion of Councillor Thomson,seconded by Councillor loannoni
that the recommendation report be approved.
Motion Defeated
with Councillors Maves. Kerno, Gates, Morocco and Pietrangelo opposed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that By-law 99-22 be reinstituted after the next municipal election.
Motion Carried
with Councillors Thomson, Pietrangelo and Gates opposed.
le le
Property Matters
L-2012-07 -Declare Surplus Vacant Land West Side of Palmer Avenue
The report recommends that approximately 0.130 acres of vacant City-owned land
as shown hatched on the attached location map("subject land"), being a triangular shape
covered with grass with frontage on Palmer Avenue, be declared surplus and offered for
sale.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
PBD-2015-54
Niagarapalls November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2015-54
DOW-2015-003, Commercial Building Improvement Grant
4311-4313 Queen Street
Owner: Sal DiPietro
RECOMMENDATION
That Council approve the Commercial Building Improvement Grant Application for 4311-
4313 Queen Street (Sal DiPietro) subject to the owner satisfying the program
requirements.
EXECUTIVE SUMMARY
This application can be supported because:
• the existing use is in conformity with the City's Official Plan and Zoning By law;
• the renovation and improvements comply with the City's grant program; and
• the building improvement would total $8,690 with the City contributing one half of
the $4,345 grant and the Region of Niagara contributing the other half. The funding
is provided in the 2015 Operating Budget.
BACKGROUND
The subject building at 4311-4313 Queen Street has commercial use on the ground level
("Nearly New") with six residential units on the upper floors. (see Appendix 1 — Location
map and Streetview). The Owner intends to replace 10 windows on the second and third
floor of the building and seal the third floor middle window to reduce air leakage. The new
windows will be similar in appearance to the existing windows.
ANALYSIS/RATIONALE
The window replacement requested under this application is eligible under the Commercial
Building and Façade Improvement Program for the Downtown Area. Building
maintenance and improvement works are eligible under the building component of this
program including the repair or replacement of windows.
The subject building is a listed property in the City's Register of Historic Buildings. The
construction of this building was historically important as it marked the start of the
relocation of the Downtown's commercial centre from Erie Avenue to Queen Street in the
early 1900's. It is an excellent example of architecture in the Downtown and has been well
maintained.
2
PBD-2015-54
November 24, 2015
Historic photographs of the building show three single windows on the second storey
(similar to the existing middle third storey window) which were later replaced with six
smaller windows. It is the intent of the owner to replace the 10 smaller windows in the
same style thus preserving its current look. In addition, the outer storm window covering
the original middle window on the third floor is to be removed. This original window will be
weather sealed on the inside rather than replaced.
The Commercial Building Improvement Program for the Downtown can provide a grant in
the amount of 50% of the lowest estimate or final cost, whichever is less, to a maximum of
$10,000. The lowest cost estimate submitted for this work is $8,690. Based on the quotes
submitted, the estimated grant is $4,345 which will be shared equally between the City
and Region.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The funding for this request will come from the Downtown CIP Special Purposes Reserve.
This reserve has been established to provide funding for the City's expenses related to
non-interest loans and for qualified grants. There are sufficient funds available for the
subject application. If approved, the recommended grant, of which the City's portion would
equal $2,172 will result in an unencumbered balance of $262,998. Property Taxes are up
to date on this property.
CITY'S STRATEGIC COMMITMENT
The approval of the application will satisfy Council's strategic priority by implementing the
financial incentive programs within the Downtown CIP and will assist in the ongoing
revitalization of the area by assisting the property owner with building improvements.
LIST OF ATTACHMENTS
Appendix 1 – Location Map & Façade Photo
Appendix 2 – New Window details
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
I Lyky4.4-4
Respectfully submitted: Ken en Todd, Chief Administrative Officer
F.Berardi:mb
Attach.
S.\PDR\2015\PBD-2015-54. DOW-2015-003, Commercial Building Improvement Grant,4311-4313 Queen St.docx
3
PBD-2015-54
November 24, 2015
APPENDIX 1
4311-4313 Queen St.
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ai
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4
PBD-2015-54
November 24, 2015
APPENDIX 2
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R&C-2015-15
Niagararnlls November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Recreation & Culture
SUBJECT: R&C-2015-15
Chippawa Willoughby Memorial Arena Capital Plan
RECOMMENDATION
That City Council receive the Arena Five Year Capital Plan report and refer the
projected capital repairs to the 2016 — 2020 capital budget process.
EXECUTIVE SUMMARY
The Chippawa Willoughby Memorial Arena was built in 1973/74. The facility consists of
an entrance lobby, multi-purpose rooms, offices, change rooms, washrooms and the
floor/ice pad. Prior to building the Gale Centre a proposal to twin Chippawa Willoughby
arena was considered.
Chippawa Willoughby Memorial Arena operating hours is Monday to Friday evenings
and weekends. The single pad facility is required to maintain the current service level
for local youth and adult ice users. Based on the current ice utilization staff and the
Recreation Committee supports the implementation of a five year capital plan for facility
and mechanical system improvements.
This fall I.B. Storey Inc. was hired to complete a Preliminary Engineering Study for the
Chippawa Willoughby Arena. The purpose of the study was to review the condition of
the refrigeration equipment and to identify potential utility saving opportunities. The
majority of the essential refrigeration equipment is aged and due for a life cycle renewal.
The five year capital plan, attachment #1, recommends that $465,000 be allocated in
2016 for replacement of key operating equipment; compressors, chiller, condenser,
brine pumps and refrigeration control system.
BACKGROUND
During the last five years staff has monitored the ice utilization level of the Chippawa
Willoughby Memorial Arena to determine if the arena was required for ice rentals. The
prime time youth and adult ice rentals have remained at approximately 78.5% utilization
during the fall/winter season. However due to the decline of non-prime, Monday to
Friday daytime rentals the facility operates during prime time rentals only, weekday
evenings and weekends.
2
R&C-2015-15
November 24, 2015
Fall/Winter Five Year Utilization Levels
Monday to Saturday Sunday
Season (28 weeks) Friday 9 am — 5:30 pm 8 am — 10 pm
5pm - 11 pm
2014/ 2015 80.4% 81.1% 83.5%
2013/ 2014 83.9% 79.8% 84.8%
2012/ 2013 82.6% 83.5% 77.4%
2011/ 2012 79.7% 67.7% 76.3%
2010/ 2011 74.8% 66.8% 75.9%
ANALYSIS/RATIONALE
The Chippawa Willoughby Memorial Arena is required to maintain the existing ice
utilization level. If the facility was closed youth organizations would be allocated early
morning hours to make up for their current evening practice times. Early ice rentals
Monday to Friday 6:00 am — 8:00 am are not commonly used by City's youth
organizations as compared to other municipal arena operating hours. At the present
time Niagara Falls user groups prefer to utilize the facility during prime time hours,
evenings and weekends. The other option is to allocate all youth ice rentals prior to
9:00 pm with adult rentals scheduled 9:00 pm to midnight only.
The total cost of the recommended five year capital plan is $1,460,000. The consultant
and staff recommend phasing the projects over five years. In 2020 the replacement of
the concrete floor and under floor is budgeted with an approximate cost of $800,000.
Prior to the replacement of the floor, staff will review the five year ice utilization and
future demand for the arena. The facility energy enhancements and improvements
include installing refrigeration equipment upgrade, arena automation enhancements,
arena dehumidification upgrade and energy efficient lighting.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The life span of the refrigeration equipment ranges from 10 to 25 years. The facility is
over 42 years old and is operating with the original ice making equipment. The
equipment has exceeded its lifespan and requires replacement in order to make and
maintain ice for the next ten years.
In the first year of the capital plan the consultant recommends that the major
components of the refrigeration system be replaced for the cost of $465,000. The
replacement of the system will result in electrical savings opportunity.
3
R&C-2015-15
November 24, 2015
CITY'S STRATEGIC COMMITMENT
Infrastructure Sustainability, to operate, maintains and upgrades the City's infrastructure
and other assets in an affordable, reliable, environmentally sustainable and integrated
way.
ATTACHMENTS
1. Five Year Capital Plan
2. Chippawa Refrigeration Equipment Pictures
Recommended by: r ;,
Kathy Moldenhauer, Director of Recreation and Culture
F L i. ‘14152-
Respectfully submitted: j
Ken Todd, Chief Administrative Officer
Attachment #1
Chippawa Willoughby Memorial Arena Five Year Capital Plan
Year Item Cost
2016 Refrigeration Equipment Upgrades (compressors (2),chiller $465,000
and surge drum, evaporative condenser system and tank
w/pumps, brine pumps (2), refrigeration control system and
electrical starter panel)
2017 LED Arena Lighting, ceiling repairs and painting $100,000
2018 Dehumidifiers $95,000
2019 No projects
2020 Concrete floor and under floor piping and dasher boards $800,000
Total $1,460,000
Attachment #2
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TS-2015-30
NiagaraRlls November 10, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services
SUBJECT: TS-2015-30
Supply of 40' Conventional Buses
RECOMMENDATION
That Council approve the purchase of three (3), 40' conventional transit buses from
NovaBus.
EXECUTIVE SUMMARY
Submissions were received from NovaBus, New Flyer, and City View Bus Sales in
response to our Request for Proposals for the purchase of conventional city buses.
Each submission was then reviewed against a scoring matrix to determine which vendor
offered the product that best meets the City's specifications and thus, the needs of our
service in the most cost effective manner. When the scores were tabulated, NovaBus
was the vendor with the greatest value and staff is recommending they be awarded the
contract.
BACKGROUND
The Request for Proposals were received for the Supply of Conventional Transit Buses
on Friday, October 9, 2015. The RFP allowed each bidder the option to bid on the
supply conventional transit buses in sizes ranging from 30' to 40'. Further, each
proponent was asked to supply pricing for one to four units and five to nine units. A
review of the criteria being evaluated included; Compliance to specifications required,
manufacturing and delivery schedule, price, warranty periods, and references. Upon
reviewing the proposals and completing the scoring matrix, Staff recommends the
contract be awarded NovaBus, which scored the highest value for their compliance to
the five criteria including the lowest price among the forty foot bus submissions.
NovaBus is the supplier of all of the WEGO buses and there are six NovaBus
conventional buses currently in operation within Niagara Falls Transits' fleet. Since the
first NovaBuses were purchased in 2011, Bus Operators enjoy driving them,
maintenance staff find them well engineered, and customers find them accessible and
comfortable. In addition, as there are twenty-two NovaBuses currently in Transit
2
TS-2015-30
November 10, 2015
Services, there is an inventory of knowledge, parts, and tooling to assist in addressing
break downs as quickly as possible.
ANALYSIS/RATIONALE
All bids were evaluated by staff based on the RFP criteria established before the bids
were sent over. Based on these evaluations, the proposal from NovaBus was
accepted. In addition, NovaBus was the lowest bid price among the forty foot
submissions. There were lower prices submitted for smaller buses ranging from thirty to
thirty-five feet, but these submissions did not score as well across the five compliance
criteria as the forty foot NovaBus.
FINANCIAL IMPLICATIONS
The total cost of the bus purchase is $1,558,743. This includes a cost of $1,423,743 for
the three busses and $135,000 for the installation of fare boxes and Next Stop
Announcement Technology. The busses will be delivered in the second half of 2016.
The 2015 budget approval was for $1,500,000. An additional $58,743 is required and
will be funded from the Gas Tax Reserve. There is an adequate amount of funds
available in the reserve.
CITY'S STRATEGIC COMMITMENT
The purchase of additional buses for Niagara Falls Transit supports the City's Strategic
Priorities which include: a commitment to employing a safe, accessible, convenient,
integrated and fiscally responsible transportation system that provides realistic travel
options to the auto, thereby, creating a City that is truly accessible to locals and visitors.
ATTACHMENTS
Revised Budget Sheet
Recommended by: )
Karl Dren, Director of Transportation Services
Respectfully submitted:
Ken Todd, Chief Administrative Officer
NW/DS
TS-2015-31
NiagaraFalls November 24, 2015
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Transportation Services
SUBJECT: TS-2015-31
Canadian Corps of Commissionaires
Contract Renewal
RECOMMENDATION
1) That Council approve a three (3) year extension to the Canadian Corps of
Commissionaires (Hamilton) contract for the supply of Parking Control Services
and Building Security Services; and;
2) That the Mayor and City Clerk be authorized to execute the necessary
agreement.
EXECUTIVE SUMMARY
The Commissionaires have provided staffing for Parking Control Services, and building
security for the City of Niagara Falls for the past 14 years. The Parking Control officers
are essential to maintaining the proper flow of traffic, regulating parking bylaws and
responding to public concerns over residential parking violations. Scheduling of officer
shifts and areas of enforcement will be adjusted to stay within the 2015 budgeted
amount for enforcement staffing resources. Staff recommends the renewal of a three
(3) year contract with the Canadian Corps of Commissionaires with a proposed 1.75%
increase the next three years, which is consistent with recent wage settlements in the
municipal sector and average increases according to recent Ministry of Labour
statistics.
BACKGROUND
In 2000, the Request for Proposal process was initiated, whereby; the Canadian Corps
of Commissionaires was the successful bidder. Council approved a three-year contract
with the Hamilton Office of the Corps. During the last five years, Council approved one
year extensions to this agreement. Over the past ten years, the Hamilton Office has
maintained high standards, including customer service training and a consistent turnout
of Officers.
2
TS-2015-31
November 24, 2015
ANALYSIS/RATIONALE
The Canadian Corps of Commissionaires provides an essential service in regulating
parking conditions traffic flow and maintaining safety zones and school crossings for the
City of Niagara Falls. A review of local municipalities identified that larger municipalities
such as St. Catharines utilizes the Canadian Corps of Commissionaires to provide all
parking enforcement services, while smaller municipalities such as Niagara-on-the-Lake
use in-house staff for parking enforcement, as only two to five enforcement officers are
required in these smaller communities. Staff are not aware of other alternative service
providers.
FINANCIAL IMPLICATIONS
Costs associated with this contract renewal have been included in the General Purpose
Budget. The 2015 rate increase will be effective December 1, 2015 with no retroactive
charges.
Schedule "A"- Municipal Parking Control Services -Proposed Bill Rates
Position 1 Dec 2015 1 Jan 2016 1 Jan 2017
1.75% 1.75% 1.75%
Warrant Officer Regular Rate $22.45 $22.84 $23.24
Overtime $33.68 $34.26 $34.86
Statutory Holiday Worked $56.13 $57.10 $58.10
Statutory Holiday Not Worked $22.45 $22.84 $23.24
Bylaw Officer Regular Rate $17.45 $17.76 $18.07
Overtime $26.18 $26.64 $27.11
Statutory Holiday Worked $43.63 $44.40 $45.18
Statutory Holiday Not Worked $17.45 $17.76 $18.07
3
TS-2015-31
November 24, 2015
Schedule "B" - Building Security - Proposed Bill Rates
Position 1 Dec 2015 1 Jan 2016 1 Jan 2017
Security Coordinator Regular Rate $16.26 $16.54 $16.83
Overtime $24.39 $24.81 $25.25
Statutory Holiday Worked $40.65 $41.35 $42.08
Statutory Holiday Not Worked $16.26 $16.54 $16.83
Security Guard Regular Rate $15.40 $15.67 $15.94
Overtime $23.10 $23.51 $23.91
Statutory Holiday Worked $38.50 $39.18 $39.85
Statutory Holiday Not Worked $15.40 $15.67 $15.94
LEGAL IMPLICATIONS
Canadian Corps of Commissionaires issue parking infractions based on municipal and
regional parking bylaws and defend such issuance in Administrative Monetary Penalty
Hearings and Ontario Provincial Court when contested by the recipient of the infraction.
CITY'S STRATEGIC COMMITMENT
This initiative is supported by Council's Strategic Priorities, which include improve By-
law Enforcement through updates of standards, protocols, and practices.
Recommended by: _ c '`
Karl Dren, Director of Transportation Services
Respectfully submitted: I 2--Ak'114j
p Y
Ken Todd, Chief Administrative Officer
PB
Dean Iorfida
From: Monika Seymour
Sent: Tuesday, October 13, 2015 9:39 AM
To: Dean Iorfida; Bill Matson
Cc: Ken Todd
Subject: Library Board Presentation
Hi Dean,
The Niagara Falls Public Library Board would respectfully ask for a few minutes to address City Council on November
24th. Please confirm that this is acceptable.
Thank you
Monika
1
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Dean Iorfida
From: General Manager <gm@niagarafallsdowntown.com>
Sent: Tuesday, November 10, 2015 5:01 PM
To: Dean Iorfida
Subject: Queen Street Tree Lights
Dean:
The downtown BIA would like permission to install decorative lights on the trees along Queen Street.
The contractor that will be doing the work is Legacy Restoration and Property Management. The contractor will
provide all the necessary documentation to the city in order to do the work.
Is an email request enough or do you need a formal letter from the board?
Regards,
Nemanja Kuntos BSc
General Manager
BIA Downtown Board of Management
Office Location: 4342 Queen Street, Suite 102
Niagara Falls, ON L2E 7J7
P: 905-356-5444
C: 289-407-2989
F. 905-356-5667
mAniagarafaiisdowntovvn _orm
vvww niag_ara`allsdowntown.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to
whom they are addressed. If you have received this email in error please notify the sender. This message contains
confidential information and is intended only for the individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail
by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing,
copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
1
FINANCE DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati and Members of Council
From: Todd Harrison, Director of Finance
Date: November 24, 2015
Re: 2016 Regional Tax Policy Resolution
Mayor & Council:
The Region of Niagara is responsible for the establishment of annual tax policy for the
area municipalities. The Regional Tax Policy outlines tax ratios, capping data. For the
2016 year, the Region has requested that lower tier municipalities endorse by resolution
the Region's directive to maintain the existing tax policies. Attached is the Regional
Report outlining the policy. The report is a comprehensive discussion on the Regional
Policy and provides a series of options considered during the lead up to the Regional
Policy. The alternatives considered wherein ratios are reduced for the capped classes
results in shifts to the residential property owner.
Staff support the proposed tax policy for 2016 and recommend that Council endorse the
regional staff's request. The maintaining of the status quo for ratios will ensure that
shifts in property tax responsibilities to the residential property owners from other
property tax classes will be minimized.
Todd
Attach.
A Great City ... For Generations To Come
Niagara f Region CSD 69-2015
September 23, 2015
Page 1
REPORT TO: Corporate Services Committee
MEETING DATE: Wednesday, September 23, 2015
SUBJECT: 2016 Property Tax Policy
RECOMMENDATIONS
1. That this report BE CIRCULATED to local area municipal Councils for input
regarding the 2016 property tax policy and that their response BE REQUESTED
by November 30, 2015.
KEY FACTS
• Regional Council adopts and approves tax policy which impact and apply to all
local area municipalities (LAMs).
• Tax policy decisions include tax ratios and sub-class rate reductions.
• Tax ratios and sub-class rate reductions impact the distribution of taxes among
the various property classes.
• The existing property tax ratios, reductions and optional tax capping tools have
been in place since 2011.
CONSIDERATIONS
Financial
This report makes no recommendations regarding changes to the current tax policy
regime. Changes to the tax policy would not directly impact on the Region's budget;
however it would impact the distribution of those tax dollars among property classes.
Calculations in this report are based on the assessment phase-in information provided
with the 2015 tax roll, and therefore are based on estimates and may not be exactly
reflective of the tax shifts resulting from the delivered tax roll for 2016.
Corporate
If changes are proposed to the tax policy, some additional analysis will be required
using the returned tax roll received in December, to illustrate the impacts of the
proposed changes both at the Regional level and at the local area municipality level.
CSD 69-2015
September 23, 2015
Page 2
Governmental Partners
Any changes to tax policy will directly impact the distribution of taxes for local
municipalities, and between property classes and the proportion of employment related
tax revenue.
Niagara taxation is derived primarily from the residential property class (80%). Area
Treasurers (AT) express caution regarding tax policy changes that shift taxes from the
business classes and onto the other property classes as they may pose a burden for
local residential taxpayers.
Public and/or Service Users
Overall, changes to tax policy are revenue neutral to the Region. However, changes to
tax policy, such as ratio reductions, would shift taxes to the residential class from any of
the other property classes. Changes to tax policy will positively impact some property
owners; while negatively impact others as it is a redistribution of the tax burden.
ANALYSIS
Impact of Re-Assessment & Phase-in
Province-wide property re-assessments occur every four years, with the last occurring
in 2012 (property values based on January 1, 2012), and the next in 2016. Increases to
assessment value are phased-in over a four year period (2013-2016), while any
decreases were fully implemented in 2013. With 2016 being the fourth year of the
phase-in, properties will be at their full 2012 Current Value Assessment (CVA) values,
and the impacts of tax shifts should be similar to those experienced in 2015.
Re-assessment and the phase-ins do not result in additional taxes revenue or alter the
amount of taxes collected. Reassessment and phase-ins do however redistribute the
tax burden between property classes and property owners. Shifts between classes
occur when the total assessed value for property classes increase or decrease at
different rates. The impact of shifts on tax payers within a property class depends on the
change of the assessed value of each tax payer's property relative to the average for
the class. If the assessed value of the property increases more than the average for the
class, that property will see a greater increase in taxes. On the other hand, if the
property increases less than the average for the class, it would see a lower increase in
taxes.
Table 1 provides the assessed value changes for each of the property classes for 2015,
as well as the 2015 tax shift that occurred due to reassessment phase-in.
CSD 69-2015
September 23, 2015
Page 3
Table 1 —Assessment value change and tax shifts for 2015
Assessed Value Shift in Taxation
Property Class Change for 2015 for 2015
Residential 1.84% -0.32%
New Multi-Residential 5.72% 3.47%
Multi-Residential 4.77% 2.55%
Commercial 2.49% 0.24%
Industrial 3.39% 1.12%
Farmland 5.50% 3.26%
Pipeline 1.67% -0.48%
Managed Forests 6.79% 4.53%
Total 2.14% 0.00%
Table 2 provides an illustration of the tax shifts that may be expected for 2016. This is
based on the 2014 year-end tax roll, and therefore excludes all 2015 assessment
changes and assessment growth. All changes to the roll would impact the tax shifts,
however the impact of assessment changes and growth on the tax shifts is not expected
to be significant. The lower than average assessed value changes in the residential and
pipeline classes means that taxes will be shifted off of those classes, and onto the other
tax classes which are higher than the average.
Table 2— Illustration of 2016 tax shifts (excluding 2015 assessment growth)
Tax Shifts using Roll Return Values only (excluding 2015 assessment growth)
Realty Tax Class Regional General Levy Interclass Tax Shifts
2015 -Roll 2016 Notional Tax $
Residential 229,331,176 228,648,561 (682,616) -0.30%
New Multi-Residential 387,350 399,714 12,364 3.19%
Multi-Residential 15,537,942 15,904,376 366,434 2.36%
Farmland 2,283,798 2,352,271 68,473 3.00%
Managed Forests 13,355 13,906 551 4.13%
Commercial 60,612,141 60,737,332 125,191 0.21%
Industrial 11,567,985 11,688,172 120,186 1.04%
Pipeline 2,163,734 2,153,150 (10,583) -0.49%
Total 321,897,481 321,897,481 0 0.00%
Assessment Growth
Assessment growth is generated through physical changes to properties that lead to an
increased assessment and phase-in value. What we typically refer to as assessment
CSD 69-2015
September 23, 2015
Page 4
growth is actually a net figure, as it also takes into consideration the impact of
decreases to property values, which could be a result of a physical change to the
property (i.e. demolition of a building), or the settlement of a request for reconsideration
or an ARB appeal. A much higher proportion of CVA has been lost from the commercial
and industrial classes than the residential class (negative CVA growth of -3.15% and
-5.60% for commercial and industrial, respectively in 2014, versus -0.47% for
residential).
The annualized revenue coming from the net assessment growth, along with the
previous year's budget provides the tax levy that can be raised without increasing the
tax burden on the existing tax base.
As of July 17, 2015, the taxable assessment growth recorded by MPAC was 0.43%; the
MPAC estimated assessment growth for the year is 0.8%. The estimate of assessment
growth for 2016 was 1.0%, which is lower than what has actually been recognized in the
past several years; however it looks unlikely to be achieved in 2015. If assessment
growth does come in at 0.8%, it would result in a differential of approximately $640,000.
Assessment at Risk
If a properties assessment is challenged through either a request for reconsideration
(RfR) or an appeal to the Assessment Review Board (ARB), it is considered to be
"assessment at risk". If the settlement results in a decrease in assessment value or
changes the property class to one with a lower tax rate, the resulting refund to the
property owner is a tax write-off for the LAM and the Region. A number of large appeals
have been, or are expected to be settled in 2015, and MPAC has set its targets on
settling remaining assessment appeals by the end of 2016.
The Ontario Property Tax Analysis (OPTA) system indicates that there are 617 RfR's
and 1,777 ARB appeals outstanding as of July 29, 2015. The total assessment
identified as "at risk" is $13 billion, and the related tax dollars are $156 million. It should
be noted that of the approximately $33 billion in appeals and RfR's that has either been
settled or withdrawn from 2006 to 2015, the total assessment decrease from
settlements has been just over $1.8 billion, or just over 5%. At this same rate of
settlement the taxation at risk is approximately $8 million. The Region's annual budget
for write-offs is $5 million; however it is unlikely that all outstanding appeals would be
settled in 2016.
Assessment Mix
The Niagara Region's assessment mix is heavily weighted to residential, accounting for
about 80% of the regions assessment. At the LAM level, the proportion of assessment
CSD 69-2015
September 23, 2015
Page 5
coming from the residential property class ranges from 71% (Niagara Falls) to 90%
(Pelham). The business classes (commercial and industrial property classes) account
for 13.8% of assessment at the regional level.
The tax revenue mix differs from the assessment mix as each property class has its
own weighting relative to the residential class (tax ratio). At the regional level, the
residential property class accounts for 71.2% of tax revenue, and the business classes
account for 22.4% of tax revenue (see Table 2 — 2015 Roll for dollar values).
The following charts provide the 2015 assessment mix and 2015 tax revenue mix for the
Region, by property class.
2015 Assessment 2015 Tax Revenue Mix
Mix
3.6% 0.7% a Residential
1.6% 0.4%
12.2% / 18.80/0 a Multi-Residential
3.2% •
2.8% I Farm/Managed
Forest
4.90/1 a Commercial
.
Industrial
71.2%
79.8% Pipeline
Tax Competitiveness
Niagara Region Tax Competitiveness
BMA Management Consulting Inc. prepares an annual municipal study, comparing
numerous performance metrics among 95 municipalities across Ontario. Table 3
summarizes the tax burden results included in the most recent study (2014).
CSD 69-2015
September 23, 2015
Page 6
Table 3— Tax competitiveness comparison from 2014 BMA Study
Property Class Property Type Comparison Niagara Study Comparison of Study
Metric Average* ($) Average ($)
Residential Bungalow Tax/Unit 3,186 3,091 Above 3.06%
Executive Tax/Unit 5,651 5,854 Below -3.47%
Multi-Res Walk-Up** Tax/Unit 1,613 1,383 Above 16.62%
Mid/High-Rise Tax/Unit 1,739 1,664 Above 4.53%
Commercial Office Buildings Tax/Sq. Ft 2.69 3.02 Below -10.89%
Shopping Tax/Sq. Ft 3.42 3.35 Above 2.06%
Hotels Tax/Unit 1,735 1,591 Above 9.05%
Motels Tax/Unit 1,042 1,179 Below -11.59%
Industrial Industrial Vacant Land Tax/Acre 2,529 3,367 Below -24.88%
Residual Industrial Tax/Sq. Ft 1.61 1.64 Below -1.58%
Large Industrial Tax/Sq. Ft 1.00 1.23 Below -18.39%
*Calculated using a simple average (total value of the study divided by the number of LAMS in the study)
**Classified to be in the High-range tax burden by BMA
Source: BMA Consulting Inc. 2014 Municipal Study
These results indicate that the tax burden for the most commonly incentivized
development/employment uses (office and industrial) is already below the average for
municipalities that participate in the study. It should be noted that this supports Council's
strategic priorities, specifically the taxation, growth and employment dials. A comparison
of 2014 tax ratios against a selection of single-tier and regional municipalities is
included as Appendix I.
Economic Development is undertaking a competitiveness study that will look at the
Region's business competitiveness across a number of facets, and against communities
both in Ontario and the United States. The results of this study will be considered in the
2016 tax policy that is ultimately recommended, as well as alternative scenarios
analyzed by staff.
Existing Incentives
There are a number of incentives available to assist with attracting new businesses, and
growing existing businesses within the Niagara Region. The Niagara Gateway
Economic Zone, composed of Fort Erie, Niagara Falls, Port Colborne, Thorold and
Welland, provides tax increment grant (TIG) incentives of varying levels, depending on
the level of investment, job creation and retention, and environmental performance.
Most LAM's also have Community Improvement Plan areas. While the incentives vary
from one LAM to the next, some of the incentive programs the Region participates in
CSD 69-2015
September 23, 2015
Page 7
include: Brownfield TIGs, new development TIGs, façade improvements, and heritage
restoration and improvement grants.
Through existing TIG programs, many new and expanded employment uses are eligible
for reductions to their incremental taxes which directly support Regional Council's
strategic priorities of fostering an environment for economic prosperity and the growth
and employment dials.
Additionally, capping was introduced by the Province in 1998 as a mandatory program
for the protection of properties in the commercial, industrial and multi-residential against
significant increases caused by reassessment.
Tax Policy Options
Changing Tax Ratios
Tax Ratios determine the distribution of taxes among the property classes. Tax ratios
can be adjusted in order to adjust the tax burden/redistribute taxes amongst the
property classes. In accordance with Provincial legislation, tax ratios can only be moved
towards the "range of fairness", meaning a reduction in ratio's needs to be a long term
decision since reductions cannot be reversed at a later date. Threshold ratios also exist;
if a property class' ratios are in excess of the threshold ratio that property class is
restricted and municipalities become restricted from passing on tax increases to the
restricted property class. Table 4 provides the Region's ratios and provincially set
ranges of fairness and threshold ratios.
Table 4— Regional Ratios, Provincial Ranges of Fairness and Thresholds
Region's Threshold
Property Class Ranges of Fairness
Ratios Ratios
Residential 1.0000 1
Farm 0.2500 0.25
Managed Forests 0.2500 0.25
Multi-Residential 2.0440 1.00 - 1.10 2.74
Commercial 1.7586 0.60 - 1.10 1.98
Industrial 2.6300 0.60 - 1.10 2.63
Pipelines 1.7021 0.60 - 0.70
Any reductions to the multi-residential, commercial, industrial, or pipeline property
classes would shift taxation onto the residential class. Using tax ratios to redistribute
taxes does not change the total amount of taxes collected. Any changes to tax ratios
should be evaluated with consideration for the impact of the shifts as well as the impact
CSD 69-2015
September 23, 2015
Page 8
on the relative tax burden as compared to other jurisdictions (see BMA study data
located in Table 3).
Table 5 illustrates the impact of reducing the industrial and commercial ratios to 1.00.
Please note that the taxes collected from the commercial class would be reduced by
36%, and the reduction from the industrial class would be 57%. The reduction in taxes
would be distributed amongst the other property classes, with the majority of the tax
burden being shifted to the residential class. It should also be noted that Multi-
Residential would be the second most burdened property class, as multi-residential
taxes is where the Region has the most room for improvement based on the 2014 BMA
Study. Reductions to the multi-residential ratio have not been recommended in the past,
in part because lower ratios haven't been found to result in lower rents based on past
studies undertaken by Municipal Tax Equity Consultants.
Table 5— Tax shift impacts if Commercial and Industrial Ratio's reduced to 1.0000
Upper Tier General Levy
Realty Tax Class Tax Ratio 2015- Roll 2016 Tax 2016 Interclass Tax Shifts
Ratio Notional Tax $ /o
Residential 1.0000 229,331,176 1.0000 255,155,737 25,824,561 11.3%
New Multi-Residential 1.0000 387,350 1.0000 446,052 58,703 15.2%
Multi-Residential 2.0440 15,537,942 2.0440 17,748,152 2,210,210 14.2%
Farm 0.2500 2,283,798 0.2500 2,624,967 341,169 14.9%
Managed Forests 0.2500 13,355 0.2500 15,518 2,163 16.2%
Commercial 1.7586 60,612,141 1.0000 38,544,913 (22,067,228) -36.4%
Industrial 2.6300 11,567,985 1.0000 4,959,379 (6,608,606) -57.1%
Pipeline 1.7021 2,163,734 1.7021 2,402,763 239,029 11.0%
Total 321,897,481 321,897,481 0 0.00%
As an alternative, Table 6 provides the impact of reducing the commercial and industrial
ratios by 5% each. In this scenario, the commercial and industrial classes see a
reduction in the tax burden of 3.7% and 2.9%, respectively. The reduction is offset
through the other classes with the majority still shifted to the residential class, resulting
in a 0.8% increase to the tax burden in addition to any impact associated with budgetary
increases.
CSD 69-2015
September 23, 2015
Page 9
Table 6- Tax shift impacts if Commercial and Industrial Ratio's reduced by 5%
Upper Tier General Levy
Realty Tax Class Tax Ratio 2015-Roll 2016 Tax 2016 Interclass Tax Shifts
Ratio Notional Tax $ /U
Residential 1.0000 229,331,176 1.0000 231,249,086 1,917,910 0.8%
New Multi-Residential 1.0000 387,350 1.0000 404,260 16,910 4.4%
Multi-Residential 2.0440 15,537,942 2.0440 16,085,252 547,310 3.5%
Farm 0.2500 2,283,798 0.2500 2,379,022 95,224 4.2%
Managed Forests 0.2500 13,355 0.2500 14,064 709 5.3%
Commercial 1.7586 60,612,141 1.6707 58,358,116 (2,254,025) -3.7%
Industrial 2.6300 11,567,985 2.4985 11,230,043 (337,942) -2.9%
Pipeline 1.7021 2,163,734 1.7021 2,177,637 13,904 0.6%
Total 321,897,481 321,897,480 (0) 0.00%
Changing Sub-Class Rate Reductions
The Municipal Act (Act) provides sub-classes for both vacant and excess land in the
commercial and industrial classes, with rate reductions provided for both. The Act
establishes these rate reductions at 30% for the commercial class, and 35% for the
industrial class, but also permits a single rate of 30% or 35% to be used for both
classes. Excess land is land which has not been developed, except for servicing, and
which is in excess of any municipal requirements for any existing developments
elsewhere on the parcel.
Table 7 shows the impact if the sub-class rate reductions was changed to a single rate
of 35% (maintaining the industrial rate reduction, and increasing the commercial). This
would provide an additional 5% reduction for vacant and excess commercial properties.
Similar to other changes to the tax policy, the majority of the reduction from the
commercial class would be added to the residential tax class burden.
Table 7- Tax shift impacts if Commercial excess/vacant rate reduction set at 35%
Upper Tier General Levy
Realty Tax Class Rate 2015- Roll Rate 2016 Interclass Tax Shifts
Reduction Reduction Notional Tax $ /o
Residential 228,648,561 228,768,623 120,062 0.1%
New Multi-Residential 399,714 399,924 210 0.1%
Multi-Residential 15,904,376 15,912,719 8,343 0.1%
Farm 2,352,271 2,353,505 1,234 0.1%
Managed Forests 13,906 13,913 7 0.1%
Commercial 30% 60,737,332 35% 60,600,215 (137,117) -0.2%
Industrial 35% 11,688,172 35% 11,694,303 6,131 0.1%
Pipeline 2,153,150 2,154,280 1,130 0.1%
Total 321,897,482 321,897,482 (0) 0.00%
CSD 69-2015
September 23, 2015
Page 10
Other Tax Tools/Options
Other tax tools that exist include the use of "optional classes", such as new construction
classes (unique classes for industrial, commercial, office buildings). Using optional
classes could levy unique tax ratios and rates to encourage certain types of
development. Given some of the existing tax incentive programs that exist, these tools
should only be considered in the context of the Region's broader competitiveness study
and development strategies.
Next Steps
The intention of this report is to inform, illustrate potential impacts, and generate
discussion. Feedback from Regional Council and the LAM Council's will be used to
develop a recommended tax policy for 2016, and identify alternatives to be analyzed.
The results of Economic Development's competitiveness study will also be taken into
consideration in the development of the 2016 recommended tax policy and alternatives.
When the report is presented to Committee in 2016, it will include analysis based on the
actual returned tax roll for 2016, including the final 2015 assessment growth.
ALTERNATIVES REVIEWED
A number of options are provided and explained in this report. The status quo policy will
remain until changes are approved by Regional Council. Feedback from this report will
be used to inform the next 2016 tax policy report, which will include analysis of
alternative policy options.
ORIGIN OF REPORT
Council indicated an interest in beginning discussions on the 2016 property tax policy
at, or near, the start of budget deliberations for the 2016 budget.
OTHER PERTINENT REPORTS
• CSD 23-2015 — 2015 Tax Policy, Ratios and Rates
CSD 69-2015
September 23, 2015
Page 11
SUBMITTED & SIGNED BY: APPROVED & SIGNED BY:
Maurice (Mo) Lewis Harry Schlange
Commissioner of Corporate Services/ Chief Administrative Officer
Treasurer
This report was prepared by Adam Smith, Financial Analyst — Tax & Revenue and
reviewed by Margaret Murphy, Associate Director, Budget, Planning & Strategy, and
Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer.
APPENDICES
Appendix I Comparison of 2014 Tax Ratios Page 12
CSD 69-2015
Appendix I
September 23, 2015
Page 12
Comparison of 2014 Tax Ratios
Municipality Multi-Residential Commercial Industrial
Niagara Region 2.0440 1.7586 2.6300
Waterloo Region 1.9500 1.9500 1.9500
London 1.9800 1.9800 2.2200
Windsor 2.5403 2.0037 2.4200
Halton Region 2.2619 1.4565 2.3599
Hamilton 2.7400 1.9800 3.1752
Toronto 3.1185 2.9218 3.1185
York Region 1.0000 1.1172 1.3124
Durham Region 1,8665 1,4500 2.2598
Guelph 2.0819 1.8400 2.4174
Average 2.1583 1.8458 2.3863
BMA Study Average 2.0068 1.6854 2.1802
Legal and Legislative Services
3 H it
tkir
R:tats:,-113ar Futut
October 27, 2015
Sent Via EMAIL: ai..,r rva.cr,airiag rarecicr.ca
Ralph Walton, Regional Clerk
Regional Municipality of Niagara
2201 St. David's Road, P. O. Box 1041
Thorold, ON L2V 4T7
Dear Mr. Walton:
Re: 2016 Property Tax Policy
The Municipal Council of the Town of Fort Erie at its meeting of October 26, 2015 passed the
following resolution:
That: Council receives for information the correspondence from the Region of
Niagara dated October 2, 2015 regarding Report CSD 69-2015: 2016 Property
Tax Policy and supports the 2016 property tax policy as outlined in said report.
Trusting this information will be of assistance to you.
Yours very truly,
aura Bubanko, CMO, Dipl. M.A.
Manager, Legislative Services/Clerk
bubas<c cmcwn.fcrterie.an.ca
LS:dlk
c.c. Niagara Area Municipalities Sent via EMAIL
J.Janzen,Director of Financal Services
\lading Address: The Corporation of the Town of Fort Ene
1 Municipal Centre Drive,Fort Erie ON L2A 2S6
Office Hours 8:30 a.m.to 5:00 p.m. Phone (905)871-1600 FAX: (905)871-6411 Web-sste: www.'orterie of.cr.
e 318 Canborough St. P.O. Box 400
/ (-)( 1 i-
Smithville,ON
Lncoln
) ,
LOR 2A0
f' u- f'rdurc
Nitur, 11 T: 905-957-3346
F:905-957-3219
www.westlincoln.ca
CLERK'S DEPARTMENT
October 29, 2015
Mr. Ralph Walton, Regional Clerk
Region of Niagara
2201 St. David's Rd
P.O. Box 1042
Thorold, ON
L2V 4T7
Dear Mr. Walton:
Re: 2016 Property Tax Policy
This correspondence is to confirm that on October 26, 2015 West Lincoln Township Council
adopted the following resolution with respect to the above noted matter:
Resolution:
1. That, report RFD-T-23-15, regarding "2016 Property Tax Policy", dated October 19,
2015 be received; and,
2. That, Council recommend that no changes be made to the current Tax Ratios in
place in the Niagara Region; and,
3. That Council recommends that no changes be made to the Niagara Regional Tax
Policy that would shift a larger tax burden onto the residential property class.
Please find enclosed a copy of Report RFD-T-23-15 regarding "2016 Property Tax Policy". Should
you have any questions regarding the above, please do not hesitate to contact our Treasurer
Donna DeFilippis at 905-957-3346 Ext 6719.
youO truly,,,,
,_
Carolyn Langley '
Clerk
cc. Niagara Area Municipalities Sent via EMAIL
Chris Carter, CAO
Donna DeFilippis, Treasurer & Director of Finance
S\Clerk's Dept!Council\Council-2015\Letters\Region of Niagara -2016 Property Tax Policy -Oct 26,2015 doc
West LincolnREPORT
Administration/Finance/Fire
Your Fulure Naturallt Committee
DATE: October 19, 2015
REPORT NO: RFD-T-23-15
SUBJECT: 2016 Property Tax Policy
CONTACT: Donna DeFilippis, Treasurer/Director of Finance
OVERVIEW:
• Niagara Region Report CSD 69-2015 has been circulated to local area
municipalities for input.
• Report CSD 69-2015 outlines the current tax policy followed by the Region
and the impact of modifications to the current policy
• Township staff has reviewed CSD 69-2015 and has outlined the impact to
local taxpayers if changes are made to the present policy.
RECOMMENDATION:
1. That, report RFD-T-23-15, regarding "2016 Property Tax Policy", dated October 19, 2015
be received; and,
2. That, Council recommend that no changes be made to the current Tax Ratios in place in
the Niagara Region; and,
3. That Council recommends that no changes be made to the Niagara Regional Tax Policy
that would shift a larger tax burden onto the residential property class.
BACKGROUND
Upper and single tier municipalities have the ability to set and change tax ratios. In the case
of West Lincoln, the upper tier, Niagara Region sets tax ratios. These tax ratios are
weighting factors which adjust the tax burden between property taxes. The residential class
is the benchmark for comparisons, and the weighting for this class is set as 1. It should be
noted that the ratio for the farm class and the managed forest class is set at 25% of the
residential tax rate. The farm class ratio and the managed forest class ratio are prescribed in
section 308.1 of the Municipal Act. Regional Report CSD 69-2015 provides an overview of
current tax policy. It also demonstrates what changes to the Commercial and Industrial
Ratios would have on the remaining tax classes.
PAGE 2
CURRENT SITUATION
Regional Report CSD 69-2015 provides a comprehensive discussion relating to the taxation
system, and in particular the impact of tax policy as it applies to ratios and sub-class rate
reductions. The options reviewed in the Regional Report measure the impact of reducing the
tax ratios that apply to the industrial and commercial tax classes. With each option, the shift
in taxes results in a larger tax burden to the residential tax class. Table 3 in the Regional
Report notes that among 95 municipalities across Ontario, property taxes in Niagara for the
Industrial Class is below average. In addition, the property taxes paid for office buildings in
Niagara are also below average.
In West Lincoln, 81.21% of the tax levy collected is paid by the residential tax class. The
chart on the following page displays the impact in West Lincoln under the scenarios
presented in the Regional report.
"The Township of West Lincoln will be a community that values our heritage, preserves
our environmental and natural resources, fosters entrepreneurial spirit and provides
excellent quality of life"
PAGE 3
SCENARIO#1:2015 Tax Rate Calculation using current ratios
Tax Sub-Class Weighted %of Tax
Returned Roll Ratios Rate Assessment Tax Raves Levy Burden
Res:denial S 1,226,417,370 1.0000 100% $ 1226,417,370 0.00341449 $ 4,187,589 81.21%
Muib-Residental $ 5.659,520 2.0440 100% $ 11,568,059 0.00697922 $ 39,499 0 77%
New Mutti-res $ - 1.0000 100% 5 - 0.00341449 $ - 0 00%
Commercial $ 58,258,883 1.7586 100% $ 102,454,072 0 00600472 $ 349,828 6.78%
Excess Land $ 1,259,042 1 7586 70% $ 1,549,906 0 00420330 $ 5,292 0 10%
Vacant Land $ 1,122,250 1.7586 70% $ 1,381,512 0.00420330 $ 4,717 0.09%
Industrial $ 21,751,207 2.6300 100% $ 57,205,674 0.00898011 $ 195,328 3.79%
Excess Land $ 395,675 2.6300 65% $ 676,406 0.00583707 $ 2,310 0.04%
Vacant Land $ 581,563 2.6300 65% $ 994,182 0 00583707 $ 3,395 0.07%
Pipelines $ 24,896,761 17021 100% $ 42,376,777 0.00581180 $ 144,695 2.81%
Farmlands $ 252,897,740 0.2500 100% $ 63,224,435 0.00085362 $ 215,879 4.19%
Managed Forests $ 1,038,286 0.2500 100% $ 259,572 0 00085362 $ 886 0.02%
FAD 1 $ 2,823,896 1 0000 75% $ 2,117,922 0 00256087 $ 7,232 0.14%
_ FAD 11 $ - 1 0000 100% $ - _0.00341449 $ 0.00%
Totals 5 1,597.102,193 $ 1,510,225,887 $ 5,156,650
SCENARIO#2:2015 Tax Rate Calculation with Commercial and Industrial Ratio reduced to 1.0000
Tax Sub-Class Weighted %of Tax
Returned Roll Ratios _ Rate Assessment Tax Rates _ Levy Burden
Residential $ 1.226,417,370 1.0000 100% $ 1,226,417,370 0.003610401 $ 4,427,858 85.87%
Multi-Residential $ 5,659.520 2.0440 100% $ 11,568,059 0 007379659 $ 41.765 0.81%
New Multi-res $ - 1.0000 100% $ - 0.003610401 $ - 0.00%
Commercial $ 58,258,883 1.0000 10D% $ 58,258,883 0.003610401 $ 210.338 4.08%
Excess Lard $ 1,259,042 1 0000 70% $ 881,329 0 002527281 $ 3,182 0.06%
Vacant Land $ 1,122,250 1.0000 70% $ 785.575 0 002527281 $ 2,836 0.06%
Industrial $ 21,751.207 1.0000 100% $ 21,751.207 0.003610401 $ 78,531 1.52%
Excess Land $ 395,675 1.0000 65% $ 257.189 0 002346761 $ 929 0 u%
Vacant Land $ 581,563 1.0000 65% $ 378.016 0.002346761 $ 1,365 0.03%
Pipelines $ 24,896,761 17021 100% $ 42,376,777 0.006145263 $ 152,997 297%
Farmlands $ 252,897,740 0.2500 100% $ 63,224,435 0 0009026 $ 228,266 4.43%
Managed Forests $ 1,038,286 0 2500 100% $ 259,572 0 0009026 $ 937 0 02/°
FAD 1 $ 2,823,896 1.0000 75% $ 2,117,922 0.002707801 $ 7,647 015%
FAD 11 $ - 1.0000 100% $ - 0.003610401 $ - 0.00%
Totals $ 1,597,102,193 $ 1,428,276,333 $ 5,156.650
SCENARIO#3:2015 Tax Rate Calculation with Commercial and Industrial Ratio reduced by 5%
Tax Sub-Class Weighted %of Tax
Returned Roll Ratios Rate Assessment Tax Rates Lem Burden
Residential $ 1,226,417,370 1.0000 100.00% $ 1,226,417,370 0.003433156 $ 4,210,482 81.65%
Multi-Residential $ 5,659,520 2.0440 100.00% $ 11,568,059 0.00701737 $ 39,715 0.77%
NewMulti-res $ - 1.0000 100 00% $ - 0.003433156 $ - 0.00%
Commercial $ 58,258,883 1.6707 100.00% $ 97,333,116 0.005735773 $ 334,160 6.48%
Excess Land $ 1,259,042 1.6707 70.00% $ 1,472,437 0.004015041 $ 5,055 0.10%
Vacant Land $ 1,122.250 1.6707 70.00% $ 1,312,460 0.004015041 $ 4,506 0.09%
Industrial $ 21,751,207 2.4985 100.00% $ 54,345,391 0.00857774 $ 186,576 3.62%
Excess Land $ 395,675 2.4985 65.00% $ 642,586 0.005575531 $ 2,206 0.04%
Vacant Land $ 581,563 2 4985 65.00% 5 944,473 0.005575531 $ 3,243 0.06%
Pipelines $ 24,896,761 1.7021 100.00% $ 42,376,777 0.005843574 $ 145,486 2.82%
Farmlands $ 252,897,740 0.2500 100.00% $ 63,224,435 0.000858289 $ 217,059 4.21%
Managed Forests $ 1.038,286 0.2500 100.00% $ 259,572 0.000858289 $ 891 0.02%
FAD 1 $ 2,823,886 1.0000 75.00% $ 2,117,922 0.002574867 $ 7,271 0.14%
FAD 11 $ - 1 0000 100 00% $ - 0.003433156 $ - 0.00%
Totals $ 1,597,102,193 $ 1,502,014,597 $ 5,156,650
"The Township of West Lincoln will be a community that values our heritage, preserves
our environmental and natural resources, fosters entrepreneurial spirit and provides
excellent quality of life" •
PAGE 4
The dollar impact on the different scenarios is summarized as follows:
West Lincoln Taxes Paid in 2015:
Residential % change Commercial % change Industrial %change
Scenario#1 $ 1,024.35 $ 1,801 42 $ 2 694 03
Scenario#2 $ 1.083 12 5 74% $ 1.083 12 -39 87% $ 1 083 12 -59 80%
Scenario#3 $ 1.029 95 0 55% $ 1.720.73 4 48% $ 2 573 32 -4 48%
Scenario #1 represents the current tax ratios, where the Commercial Class Ratio is 1.7586 of
the Residential Class Ratio and the Industrial Class Ratio is 2.63 of the Residential Class
Ratio. Under Scenario #2, where the ratios for Industrial and Commercial Taxes were
reduced to 1.00, the average residential property owner would see a 5.74% increase to their
taxes, or $58.77. Under Scenario #3, where the ratios for Industrial and Commercial Taxes
were reduced by 5%, the average residential property owner would see a .55% increase in
taxes, or $5.60.
FINANCIAL IMPLICATIONS
Any changes made to the tax ratios do not impact the total tax revenue to our Municipality.
Changes in the ratios shift the burden of taxes from one class to another. Changes to tax
ratios impact property owners, not the Municipality.
INTER-DEPARTMENTAL COMMMENTS
This report was discussed with the CAO. In addition, the lower tier municipalities had the
opportunity to discuss report CSD 69-2015 at their regular Area Treasurers' meeting.
CONCLUSION
It is being recommended that Council support the current tax ratios in place in the Niagara
Region and that no changes be made to these ratios that would impact the Residential Tax
Class in a negative manner.
Prepared by: Approved by:
r
Donna DeFilippis Chri Ca tr
Treasurer/Director of Finance CAO
"The Township of West Lincoln will be a community that values our heritage, preserves
our environmental and natural resources, fosters entrepreneurial spirit and provides
excellent quality of life"
Administration
Niaaara111WAriRegion Office of the Regional Clerk
b g 2201 St. David's Road W, PO Box 1042,Thorold, ON L2V 4T7
Telephone:905-685-4225 Toll-free: 1-800-263-7215 Fax:905-687-4977
www.niagararegion.ca
October 2, 2015
CL 15-2015, October 1, 2015
CSC 11-2015, September 23, 2015
Report CSD 69-2015
Area Municipalities
SENT ELECTRONICALLY
Regional Council, at its meeting of October 1, 2015, approved the following
recommendations of its Corporate Services Committee:
That Report CSD 69-2015, dated September 23, 2015, respecting 2016 Property Tax
Policy BE RECEIVED and the following recommendations BE APPROVED:
1. That this report BE CIRCULATED to local area municipal Councils for input
regarding the 2016 property tax policy and that their response BE REQUESTED
by November 30, 2015.
A copy of Reports CSD 69-2015 IS enclosed for your information.
Yours truly,
Ralph Walton
Regional Clerk
:Im
cc: M. Lewis, Commissioner, Corporate Services/Treasurer
Adam Smith, Financial Analyst—Tax & Revenue
Margaret Murphy, Associate Director, Budget, Planning & Strategy
Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer
B. Dewar, Executive Assistant to the Commissioner of Corporate Services
Dean Iorfida
From: Clark Bernat
Sent: Wednesday, November 18, 2015 12:51 PM
To: Dean Iorfida
Cc: Kathy Moldenhauer
Subject: Ontario Culture Strategy Consultation
In September of this year, the Ministry of Tourism, Culture and Sport for the Province of Ontario announced that it was
looking for public input into their first Culture Strategy. In the policy description they recognize the value of culture by
stating; "Culture contributes significantly to quality of life. It has been linked to improved health, skills development and
learning, and social inclusion. At the community level, culture has been shown to have significant economic benefits,
attract tourism, and enhance sense of place." The objectives for this consultation is to set out "a vision for culture in
Ontario" and provide "an opportunity to take a fresh look at how we invest" in the province's cultural sector.The
province has requested input by citizens of the Province of Ontario until December 8, 2016.
On September 15, 2015, the City of Niagara Falls participated in a conference call between Ontario Members of the
Creative Cities Network of Canada. The discussion was around the needs of members of the network and it was
determined that a working group be struck of the members. The purpose of that group was to develop a coordinated
message about the importance of local governments in the development of an Ontario Culture Strategy. The letter you
see in front of you is a result of that dialogue.
Town Hall meetings have taken place throughout the province and there are avenues for all citizens to provide input
towards the discussion. To find out more or to add to the discussion I would encourage you to check out
https://www.ontario.ca/page/ontarios-culture-strategy#!/
Clark Bernat
Culture & Museums Manager
City of Niagara Falls
5810 Ferry Street
Niagara Falls, ON L2G 1S9
905-356-7521 x5906
a s Cu't.Are ir' N a ara Falls
:3,3,3'31; se ur"s.A
Check out @ the Museum Thursday Night
1
OF C
October 30 2015
Ke, Finnerty
Assistant Deputy Minister
Ministry orTourihim. Culture and Soort Division
".are and Strategic Policy Branca. C IrJra Polircy IJr,,t
Ba, Street Suite 1800
-rrpotc ON M'A 01,'
• Orea,,ive CityNet-work.. r Canada ", ;Ci nt
anr iclpal (V,embers
o •ars s Culture Sermeo
• istant Deputy Minisrer Ke.'r': -• '"e'ty
congratulate 'Ontar c Premier Ka,-, ee c he e irourabie Michael Coteau Minister o'
Culture anc Scent,MTCS for ,t.YK oc art-sits educators and communities to
• cc a^ Ontaro C., `. re Strategy a c Arts P ' stork that max mizes the economic benefits
ar._ and ctulture to individ,,als antut corn
Ues
_• ;!turn "ontributes to a dynamic itii_.ai tit or place and rOoust business environment and engages youth
corm-unities Local gc,e :s v. u iti Onta_,c manage a wide range of programs
S ec ser ices related to culture in the orovince r = .. no nesting in cultural grants and public libraries
safect.arging C iltural heritage de,elocinc; ouoiic art working directly with cultural industries arc
crogramming culture events
Therefore ,Ne strongly urge M°CS D sion to reflect tae role that Iocal governments play .n
ma-o s ,-., lture Strategy Soeci'icallv the Ontario l ore Strategy should
Emphasize the importance of iocai gocernnnerts in the Ontario Culture Strategy Guiding
nciples by `ecognizing that cuotc.ire s different everywhere and highi ghting the unique role of
local governments in supporting Ontario s d'uuerse municipalities,
n,est in funding for rluniclpai Ices to coos: the Implemental on of municipal cultural clans and
strengthen the management and deyeiooment of local Cultural resources and
4-Nance the role of 'oval goi,ermen•s tostering an ervirorrnent in which arts cuitura'
industries cultural heritage and pu',iic iloranes th.rir,e in communities by partnering with
'e'evanl professional networks and organizations on toe creation of new resources and tools
orr?teSsiOnal training and knowledge snaring opportunities
'oanx you for Undertaking the Ontario Cuiti,re Strategy and ',fir rhe norrt inity Contribute to such .an
.,_rtan? niti.51,e
i
Nichola Redding-on
Presicieint Board of Directors Creative City Network of Canada
On nehaif at CONC Ontario Maunicloaf Mehnhers
un_ 5 n 1 sire. of„w B hB
ai'13j =1'c ^Id
c;r:
on Jennifer LOr;.,
Genera Manager Creatrice DV/ Network of Canada
2015 Creative City Network of Canada - Ontario Municipal Members
Crea-i of Canada Ontario r-rborcioai nfernOers represent. abo„,f 75'c of.Ontarro
- rcrai and fenorbe dornar_acrties Vie are of Dr0,,,C. eoers of the Creafuie COa
4e oo° ';;f r2anada
Municipality Contact
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f, ktarlage Arts aog Daktce
.1 Nae Drai<H1 tanager Oursn '\-131-kn'iTH-9
Angela Pacarzn Mage r fa Arts aro D,.,rtre
C tore and Er,ents
7,,.elbri Ecla Suis Manager DLAti„chai Affea-s and Toi,c,sm
Annn r=rammt.na., laison
Jamie Smith Cuiturar ›nrce, Sr-pen,rscr
Per Bradford, Director TaLrism and D -tore
Ter Suuter Manager of Arts. Culture and Heritage
-Urto, cakes Debra Soule De:eiopment Officer
:Jib, of'A.ingstan Cohn iivigintor Director Cultural Ser-foes
Too r.ci-,ener 1-)enato Manager As arC
rrnSt.ead Manager CJiture,and. N,Ibnicrrar
;f tIan,ran- Nir ir Posseini-Ara Direotor „Cult,re
Gra-Inn Doff T-easurer Deputy CAD
iMississabga Paul Darnaso Act;ng Director Cuirure Dibiston
Dh: ,n Nragara "ParlS Katharine MoidenhaLer Director of Recreation and Ci,iture
.Dak te Nina de haa; Director Recreation and Culture
c,ra R,fo, Merklesy Director ot Parts Rer:reaticri and uiture
Crb,r of,l)sna,%-fi Julie Marlsaac Manager Culture and Centraiized Recreation
Db, o .CttaNa Denbie Hill Manager Coiturar and Heritage Serines
'ankle van RavensiNav Director As Culture and Recreation
Th Peterhnrcugh Becky, Rogers Manager Arts Culture and Heritage Diulsinn
D'ntc,,,er'Ll JCKGonng Acting Coordinator Cultural Services
, )(f—1U,Ce j01,-1 Sn0ek PrOgraM ..)OrdinatCr
Hill Kann Ash Manager Dultural Services
kb,nrunailt, B,b,ux0 ouk or Derson Agustin Manager of Recreation and Duiture
nce Donna Goodwin Culture Dearelooment Co-ordmarcr
▪ 5 Jaca Co Rebecoa Carr ,...1,itbral Planning Si.oenasor
▪ ff ;reater SuOf-rn Emi, Trottler Business Develoorrent Cff4 er
fThf, rf rnonder Ba Been, Bak Director Recreation and Culture
or m' nrs i's,-Irer. Bachmann Director Curator
:1 run fern: Nicnoison pliebtor Ants anc; „ ,,Iture
at:,_;ftcle Angela Palermo Manager Tadibrai Serabes
:or aterInc Astern Kalogerdpoulos Manager Acts ard 9:iture
Pegicnt ar atorrr uciIle Bisn Director -If,Thr-on,uriby Serace,
'afindsca Dathi:i Masterson Manager at Diatural Affairs
0 -;Cs Cain ur airrry 0 . ed
Pihnne i=;ibr ci,o4 :() rrr
E ii
About the Creative City Network of Canada (CCNC)
- '-3rear',e L.Ity Netaorc of Canada .s a narrna' non profit organlzatlon of fnuntc1oajlties
crya" iato , an n 'i'(. .a i'iC^,Iry ! bUuocr_cu lora de';e!opment In their communities
,,n`4 'e ad._ ,_ C n.la,';‘,. a ITa aca ne.os ol,.IH t"?e caoac'ty of iociai cultura planning
• ,Fessicnals -a , :, ext.. s _ oc ai go,e,-nn,enrs -toourtt,re am support c.,ltural deveioprne''t
o c, so the C-eat Canada arosn pro, ethe a_ ,c;
tol r
are _3 art s'= 5"S ,e race a r.I Orgy _a'io s across the co Uv; a C'. t.He
a• ..,i _ u~ Ca -aama c ai sees
Our Vision E,e , ,iC,; . .ir,, S. i;a , ''?e rates tr-eir ncanuttural resources a, tine socia;
• or-,., 3''r: 'a.'1)1;,‘, .,,e ,,t,
Our Mission T-e Ne -s a at,nnar non-prof;t or anlzation that coerates
as a k'';o'atiledge snaring esear_ c1 c _cr:caron anri professional det,elopment resource ;n the fjelo
▪ :Cal r3i 00l'C, '0 'nl C a -oracr cc
Our Values
• Direct Sharing bet..ween •,,rr-_ t,eV
• P-ofessonai exceue-rce
• Enncourage aai,ers e _
• Resoect ioca' co uo -, s c:'-rnak nt;
x..
CREATIVE CITY
OF CANADA
ONTARIO CULTURE STRATEGY
Making a Written Submission
On September 24, 2015,the Ontario Ministry of Tourism, Culture and Sport(MTCS), formally launched public
consultations regarding the development of the first-ever Ontario Culture Strategy.
MTCS has developed a Discussion Paper and is seeking your input through town halls, online discussions, and
written submissions. For more information on the Ontario Culture Strategy public consultations, visit:
ca; t,,re:alks
Written submissions can be any length, can respond to the D scL scion Pacer or to any topic you wish to discuss
regarding the value of culture in the province. Please note that the contents of the submissions received will
become part of the public record and may be made available for public viewing, either in person or electronically.
As with every municipal government, every community is different and each has its own unique cultural values and
institutions.We encourage you to share the stories and insights about what culture means to your community,
and how your local government helps to support this.
Written submissions must be made through Ontario's Environmental Registry website by Monday
December 7, 2015, or by email to: CultureTalks@ontario.ca
Don't miss this chance to be a part of a major shift in cultural development in the province!
Items to consider including in your written submission:
A) Overall message about the importance of culture in the province
o CULTURE IS VITAL to the prosperity of our communities. Through the lens of respect, sharing
and inclusiveness, describe the importance of culture in Ontario through your own
municipality's experiences. For example, how has culture:
• Transformed your municipality?
• Created jobs or new businesses in your municipality?
• Made your municipality more attractive to live, work, and visit?
Reinforce the message that culture is important to your municipality's quality of place and the
creation of a robust business environment, and it is crucial to Ontario's long-term success.
B) The role of culture at the municipal/regional/county level
o LOCAL GOVERNMENTS ARE IMPORTANT and have a major direct impact on Ontario's cultural
development. Describe the unique role your local government undertakes to enhance Ontario's
culture sector. For example, does your local government:
• Have a culture plan?
• Invest in arts, cultural industries, cultural heritage, or public libraries?
• Own or maintain cultural assets for the community?
• Work with the local community to increase cultural experiences and programming?
CREATIVE CITY
CO 0 0
OF CANADA
Reinforce the message that all governments, including local governments, have a role in helping
to promote the value of culture in Ontario. Share stories, case studies, images, and numbers
showcasing your municipality's work and investment in culture.
C) Detailed elements of what the Ontario Culture Strategy should address
o ONTARIANS EXPECT local governments to be actively involved and want greater involvement
by their local governments. How can the first-ever Ontario Culture Strategy help your local
government? For example, would you like to see the following? If so, include this in your
written submission, along with other requests specific to your municipality:
Emphasize the importance of local governments in the Ontario Culture Strategy Guiding
Principles, recognizing that culture is different everywhere and highlight the unique role
of local governments in supporting Ontario's diverse municipalities;
Invest in funding for municipalities to boost the implementation of municipal cultural
plans, and strengthen the management and development of local cultural resources; and
Advance the role of local governments in fostering an environment in which arts, cultural
industries, cultural heritage,and public libraries thrive in communities by partnering with
relevant professional networks and organizations on the creation of new resources and
tools, professional training, and knowledge sharing opportunities.
Prepared by: Creative City Network of Canada Ontario Members
Municipal members of the Creative City Network of Canada in Ontario have prepared this 'how to' guide
to support local governments in preparing a written submission. We are culturally and geographically
diverse local governments in Ontario that represent about 75%of Ontario's population in urban, rural,
and remote communities. We are all proud Ontario members of the Creative City Network of Canada.
For more information, visit: wwn.creat:vecia_i ca
City of Barrie City of London Town of Richmond Hill
City of Brampton City of Markham Municipality of Sioux Lookout
City of Brantford Town of Minto County of Simcoe
City of Burlington City of Mississauga City of St. Catharines
Town of Collingwood City of Niagara Falls City of Sudbury
City of Guelph Town of Oakville City of Thunder Bay
County of Haldimand City of Orillia City of Timmins
Town of Halton Hills City of Oshawa City of Toronto
City of Hamilton City of Ottawa City of Vaughan
Town of Huntsville Town of Pelham City of Waterloo
City of Kawartha Lakes City of Peterborough Region of Waterloo
City of Kingston Town of Pickering City of Windsor
City of Kitchener Town of Port Hope
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CITY OF! CANADA
__IAOARA
The City of Niagara Falls, Ontario
Resolution
No.
Moved by
Seconded by
WHEREAS the inaugural Niagara lcewine Festival (the "Event") was held in January at the
Scotiabank Convention Centre (S.C.C.); and
WHEREAS the Event is scheduled for January 29 -31, 2016; and
WHEREAS the event will feature 20 wine stations, 12 culinary stations and live entertainment;
and
WHEREAS the municipality is the owner of the S.C.C.; and
WHEREAS it is in the municipality's best interest that the S.C.C. be regularly occupied with
events for the enjoyment of visitors and residents alike; and
WHEREAS due to fact that the event organizer is neither a charity or not-for-profit organization,
to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission
of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of
municipal significance; and
WHEREAS the event is significant in that it will bring in attendees from throughout the Niagara
Region, Southern Ontario and Western New York in the shoulder season.
THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2016 Niagara
lcewine Festival as an event of municipal significance and supports the provision of a Special
Occasion Liquor Licence (SOP) for the event.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR
10. Section 20 of By-law No. 79-200 is amended by adding thereto:
20.1.1017 Refer to By-law No. 2015-_
Passed this twenty-fourth dayof November, 2015.
Y
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015
Second Reading: November 24, 2015
Third Reading: November 24, 2015
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Amending Zoning By-law No. 79-200
Description: Pt Twp Lts 160 & 173 Stamford Being Pts 7 - 10 on 59R-4201 Except Pt 11 On 59R11880,
Except Pts 1, 2, 3 &4 On SN104746; Except Pts 2, 3, 6 & 7 On 59R13628;
S/T ST22511 & LT30773; Niagara Falls
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Assessment #: 272508000111600
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K:\GIS_Requests\2015\Schedules\Zoning\09\Zoning.map October 2015
CITY OF NIAGARA FALLS
By-law No. 2015-
A by-law to adopt a Niagara Gateway Economic Zone Community Improvement Plan for
Niagara Falls and to repeal By-law 2013-115.
„
ewa CIP") Community
the original Niagara Gateway Economic Zone ("Gateway
Improvement Plan was approved through By-law No. 2013-115;
AND WHEREAS an amendment to add certain local incentive programs to further
encourage the expansion and creation of employment uses under the CIP Plan is
desired;
AND WHEREAS such amendments would conform with the Official Plan of the City of
Niagara Falls Planning Area;
NOW THEREFORE the Council of the Corporation of the City of Niagara Falls pursuant
to Section 28(4) of the Planning Act, R.S.O. 1990, enacts as follows:
1. The By-law No. 2013-115 is hereby repealed.
2. A Niagara Gateway Economic Zone Community Improvement Plan is hereby
approved.
3. That the incentive programs contained therein are subject to approved annual
funding allocations by Council.
4. This By-law shall come into force and take effect on the date that it is passed by
the Council of the Corporation of the City of Niagara Falls.
Passed this twenty-fourth day of November, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015
Second Reading: November 24, 2015
Third Reading: November 24, 2015
Niagaraff‘alls
NIAGARA GATEWAY ECONOMIC
ZONE COMMUNITY
IMPROVEMENT PLAN
November 2015
yriagara Zareway 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 i.-.....I Municipalities c
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 70
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
'1iagara Gateway Economic Zone Community Improvement Plan
6.3.1 Purpose 28
6.3.2 Description 28
6.3.3 Program Requirements 29
6.4 Development Charge Grant Program 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
6.5.2 Description 30
6.5.2 Program Requirements 30
7.0 Municipal Leadership Actions 31
8.0 Monitoring Program 32
8.1 Purpose 32
8.2 Description 32
8.3 Program Adjustments 33
9.0 Marketing Strategy 34
9.1 Key Objective and Messages 34
9.2 Target Audience 34
9.3 Marketing Tools 34
10.0 Conclusion 36
11.0 References 37
Appendix A Strategic locations for Investment 38
Appendix B Joint Administration Process for Tax Increment Based Grant Program 38
Appendix C Tax Increment Based Grant Program Application Evaluation 40
Appendix D Development Charge Grant Program Application Evaluation 43
Appendix E Targeted Sectors and Land Uses 44
3
Niagara Gateway Economic Zone Community Improvement pian
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
Prnnnmir riivarcity anti prmmnta inrroacari nppnrtnnitiac fnr rrnec_hnrriar traria mnvamant 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
Niagara Gateway Economic Zone Community Improvement Plan
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
Niagara Gateway=concrnic Zone Commurnty improvement Sian
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
,Vagara,Gateway'Economic Zone Thmmunity:morovement an
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
Niagara Gateway Economic Zone Gommunrty Improvement Plan
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 deveiop a Strategic iviariceiiny rias ioi tfrC iviayara Gaicwdy CGVII0llIIG ZVI Ie.
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 this Amendment was held on October 27, 2015 and final approval was
given by City Council on November 24, 2015. The 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
Niagara Gateway Economic Zone Commbnity;mprovemenr Plan
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
Niagara Gateway Economic Zone Community Improvement Plan
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;
▪ (moi iarantccinn hr rrran,ing;
• 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.
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Niagara Gateway economic Zone Community improvement Plan
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.
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Niagara Gateway Economic Zone Community improvement Pian
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 t0 the municipal provision of grants and loads for 11 le purpose of carrying Out a ClP ilial
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 IIYAunic;pal Act, 2001 111 Vofe and
buildings shall not exceed the eligible cost of the community improvement plan with respect to
12
Niagara Gateway Ecoromic Zone Community improvement?tae
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
\Jragara Gateway-concmic Zone Community improvement?Ian
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
pen-cited because ie provision of incentives for♦unui0 purpose is not a prescribed matter unar0r
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
biagara Gateway Economic Zone Community Improvement Pian
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
^liagara Gateway Economic Zone Community Improvement Plan
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. CVV_VII :V Centre
as 111E "Settlement%1C ' depicted
on Schedules G, 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
Niagara 3ateway Economic Zone Zommunity improvement Pier,
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
1iiagara Gateway Economic Zone Community Improvement Plan
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 i.3 or this Cir.
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
Niagara Gateway Economic Zone Community improvement Plan
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
Niagara Gateway Economic Zone Community Improvement Plan
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.
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Niagara Gateway Economic Zone Community Improvement Pian
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
Niagara Gateway Economic Zone Community Improvement Pran
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"
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Niagara Gateway Economic Zone Community improvement°ran
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 Plan 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, 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 grant payments
provided under the Tax Increment Based Grant Program within the areas that are shown as
j Strategic Locations for Investment are offered for a longer period of time by Niagara Region as
compared to the balance of the Community Improvement Project Area.
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Niagara Gateway Economic Zone Community improvement Plan
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 the Region's 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
24
Niagara Gateway Economic Zone Community mprove lent°!an
Niagara Region. This 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 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 City 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 City 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
Niagara Gateway Economic Zone Community improvement Plan
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 City 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 Niagara
Falls Official Plan, Zoning By-laws and other piaiuiiy 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 the Gateway 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 City 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) (tity and Reginnal ctafF nffr.ials, and/nr agents may insper.t any prnperty that is the
subject of an application for any of the incentive programs;
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Niagara Gateway Economic Zone Community mprovemenr plan
s) City 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.
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Niagara Gateway Economic Zone Gommunity Improvement Plan
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.
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 taxes`. 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 (City 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
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:
2 This program does not apply to:residential uses,visitor accommodation uses or retail commercial uses.
Where a project is mixed use, this program does not apply to the portion of the project containing
residential,visitor accommodation or retail commercial uses
28
after five(5)years, whichever comes first fo ., = Formatted:List Paragraph,Buueted+Level:1
+Aligned at' 0.2T+Indent at 0.54"
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 City 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 City 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.
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Niagara Gateway Economic Zone Community Improvement Pian
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 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
projects 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.
TL... Development
ent ISL........ n.....t provided ♦ Ll.. 4.... ♦....J:.... complete G vcvclv ,JI 11 clll Vllalt,.0 .2l alit ,o .11 UVIUCU as a grant JayaUlc after I.VI 1011 ULdltJI l is L.VII 1p1010
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.
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
6.5.1 Purpose
The purpose of the Municipal Employment Incentive Program (MEIP) is to provide incentives
from the City of Niagara Falls to stimulate investment and redevelopment on employment lands.
6.5.2 Description
This program provides a suite of additional incentives offered at the Local level for development
proposals that have received approval under the Tax Increment Based Funding Program under
Section 6.3:
a) the waiver of Planning Application Fees for Official Plan Amendments, Zoning By-law
Amendments, Site Plan Control, and Minor Variances;
b) a Building Permit Fee rebate; and
c) a study grant.
Projects that qualify for the TIBG under Section 6.3 and meet the performance assessment and
conditions of the TIBG are eligible to receive these City Incentives.
6.5.2 Program Requirements
Funding under this program is subject to meeting the general program requirements of Section
6.3.3 and the availability of funding as approved by Niagara Falls Cit;Council.
30
iagar9 3at?W3y=ccromic Zone Thmirnt'iry Improver e,r%!ar
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 City of Niagara Falls 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.
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Niagara 3ateway.-corom,c Zone Community improvement Plan
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 City
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 me 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 City 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 $value of construction;
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Niagara Gateway Economic Zone Comrnunity'mprovemerr Plan
iv) Level of LEED certification achieved or percentage of Region's Smart Growth Design
Criteria
v) incorporated into project;
vi) Square footage of employment use space constructed or rehabilitated by type(industrial
sector);
vii) Number of new businesses successfully occupying space (1, 3 and 5 year post
completion);
viii) Full-time or FTE Jobs created/maintained;
ix) Increase in assessment value of participating property;
x) Increase in municipal (Local and Regional) and education property taxes of participating
property; and,
xi) Number and$amount of program defaults.
In addition to these quantitative economic measures, the Region in coordination with the City,
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.
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Niagara Gateway Economic Zone Community Improvement Plan
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 the City 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
34
Niagara Careway Economic Zone Community improvement Plan
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.
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Niagara Gateway Economic Zone Community Improvement Plan
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
(Iffy-in! Planc
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 City 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 City 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.
36
?iiagara:Gateway Economic Zone Community improvement Plan
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.
37
Appendix A Strategic locations for Investment
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38
'\riagara 13areway=concmic Zone Commun ty(mprovemenr?!ar
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 City of Niagara Falls 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 City 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.
39
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 r Points
$200.000-$1,999,999 1
I
$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 Points
I
1-9 5
10-19 6
20-34 7
35-50 8
51-74 9
75-100 10
100+ 11
PLUS
40
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 Ci Points
Certified 2
Silver 3
Gold 4
Platinum 5
OR
Region's Smart Growth Points
Design Criteria (2).
Conforms with 3/6 2
Conforms with 4/6 3
Conforms with 5/6 4
Conforms with 6/6 5
41
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 for Regional taxes and 10 years for City taxes if the
LJl ujel:i 15 iuc.at d uuisiUe uii UI Ule Sil die(,j.IG Luudilu!Is rot ilivesirlielii.
Table C -1 Tax Increment Based Grant Level
Total Gateway CIP Score TIBG Level**
0-7 No Grant
8 40%
9 45%
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 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
nrnicrt ncrfnrm ante ilrt he cnIr,lotc(J h nl etoff. The Tay Inrremcnt
V. , N ' y ,,,,.,,,' V ,
Grant to be paid to the applicant as per Table C-1 above would be based on this score.
42
\iiagar Gateway Econ crn!c Zone CommL r7ity'!"Grove.-?e'n",a'
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(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 on Table C-1 of Appendix C would be paid to the applicant by the City 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 Niagara 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 MEIP application form will have a
section where the applicant can apply for the City's Development Charge Grant Program. The
City's Development Charge Grant payment would also be capped at$1.5 million.
43
Niagara Gateway Economic Zone Community improvement Plan
Appendix E Targeted Sectors and Land Uses
The following Sectors and Uses may be eligible for funding under the Niagara Gateway
Economic Zone Community Improvement Plan. An eligible catalyst project that does not fall
within these sectors/uses may also be considered for the Municipal Employment Creation
Incentive Program. Commercial, retail, visitor accommodation and residential uses are not
eligible.
SECTOR USES
Tourism • Indoor or Outdoor Theme Parks or attractions(a facility or complex)that can
demonstrate by way of a business plan 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 and
economic development priorities. For further clarification,Tourism under the
Niagara Falls Gateway CIP does not include visitor accommodations/hotel.
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 but 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
Green Technologies • Testing Laboratories
• Renewable and Alternative Energy Manufacturing Research and Development
—energy storage,green building materials and technologies
• Cogeneration Facilities
• Renewable Energy Power Generation
Manufacturing 8 Logistics • Fabricating,processing,assembling,packaging,producing or making goods or
commodities including ancillary repair,storage,wholesaling or office uses.
rmation and • Telecommunications;communications equipment design and manufacturing;
Info
Co rmatio anns Technology software development and computer systems design and service.
• Computer Systems Design and Services:provision of expertise in 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
I I
44
CITY OF NIAGARA FALLS
By-law No. 2015 -
A by-law to authorize the execution of a License Agreement with Ontario Power
Generation Inc., respecting the use of a portion of its land for a recreational trail.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. A License Agreement dated July 1, 2015 and made between Ontario Power
Generation Inc. as OPG, and The City of Niagara Falls as Licensee, respecting
the use of a portion of its land for a recreational trail, for a term of twenty years,
as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said License
Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver
the said License Agreement.
Passed this 24th day of November, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015.
Second Reading: November 24, 2015.
Third Reading: November 24, 2015.
MILLENNIUM TRAIL LICENCE
This non-exclusive Licence agreement effective as of the 1st day of July,2015
BETWEEN:
ONTARIO POWER GENERATION INC.,a corporation existing under the laws of Ontario
(hereinafter referred to as"OPG")
OF THE FIRST PART
-and-
THE CORPORATION OF THE CITY OF NIAGARA FALLS INC., a corporation
existing under the laws of Ontario(hereinafter referred to as the"Licensee"
OF THE SECOND PART
RECITALS:
A. OPG is the owner of the Lands defined below,
B. OPG has two current licences with the City of Niagara Falls dated June 12, 2001 and
April 1,2010,both terminating in the spring of 2021,for the purpose of constructing and
maintaining a recreational walking and biking trail commonly referred to as the
'Millennium Trail',each Licence having commenced with the construction of a portion of
the trail.
C. The Licensee has requested OPG's permission to enter upon another portion of OPG's
Lands located in Part of Lots 42,57 and 59 in the former Township of Stamford, now the
City of Niagara Falls, Regional Municipality of Niagara for the purposes of constructing
and maintaining a continuation of the recreational walking and biking trail commonly
referred to as the`Millennium Trail'.
D. For the purposes of clarity,the City of Niagara Falls and OPG have agreed to enter into a
new Licence Agreement which will combine into one agreement all previous sections of
the `Millennium Trail',including the most recent portion of the trail to be constructed at
the location described in C. above. Upon the commencement of the new agreement for
the entire trail, all previous licences between the parties for the Millennium Trail will
become null and void.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements herein contained the parties hereto covenant and agree as follows:
Page-1 -of10
1. DEFINITIONS
For the purposes of this Licence,the following definitions shall apply:
(a) "Business Days" means any day other than a Saturday, Sunday or statutory holiday in
Ontario.
(h) "Former Security Fence" means the original public safety fence used to block
unauthorized entry into the Hydro Power Canal,part of OPG's Works,as defined below,but
which has become redundant for this purpose with the creation of the Project known as the
Millennium Trail.
(c) "Lands" means those properties belonging to OPG running adjacent to the Hydro Power
Canal in the City of Niagara Falls, Regional Municipality of Niagara, where the Licensee's
Millennium Trail is located, Part of the PINs described on Schedule A, and as shown
illustrated on the plan,also on Schedule`A'and forming part of this Licence.
(d) "Project" means the formal request for a non-exclusive licence to enter the Lands to lay,
construct, operate. inspect, alter, repair, maintain, replace, reconstruct and remove the
works, in accordance with the installations, appurtenances, additions, alterations.
partitions and improvements associated with the construction of the recreational walking
and biking trail known as the 'Millennium Trail'.
(c) "OPG Security Fence" means the public safety fence immediately adjacent to the Hydro
Power Canal, the purpose of which is to block unauthorized entry into the Hydro Power
Canal, part of OPG's Works. Maintenance of the OPG Security Fence is the sole
responsibility of OPG.
(1) "OPG Works" means all structures, facilities and equipment wherever located, including
the Hydro Power Canal, owned or used by OPG in connection with the generation,
distribution or sale of electricity including, without limitation, all canals, tunnels, pipes,
transmission lines (including buried cables and wires), towers, poles, guys, anchors and
transformers (including pad mounted transformers, and communication structures and
equipment).
(g) "HONI Works" means all structures and equipment wherever located, owned or used by
Hydro One Networks Inc. in connection with the transmission, distribution or sale of
electricity including, without limitation, all transmission lines (including buried cables and
wires), towers,poles, guys, anchors and transformers (including pad mounted transformers,
and communication structures and equipment).
(h) "Requirements of Environmental Law" means all requirements of the common law or
environmental, health or safety statutes, regulations, rules, policies, ordinances, orders,
approvals, notices, permits or directives of any federal, provincial or local judicial,
regulatory or administrative agency, board or governmental authority, and OPG safety
guidelines and the Canada Standards Association Standard -22.3 relating to the Lands,and
this Licence and the intended uses thereof including, but not limited to, all requirements
imposed by the common law or any statute, regulation, rule, policy, ordinance, order,
approval,notice,permit or directive which relate to:
(i) noise;
(i i) pollution or protection of the air,surtace water,ground water or land;
(iii) solid, gaseous or liquid waste generation, handling, treatment, storage, disposal or
transportation:
(iv) exposure to hazardous or toxic substances:or
(v) applicable requirements of all federal, provincial or local environmental, health or
safety laws.
Page-2-of 10
(i) "Term"has meaning as set out in section 2.0 of this Licence.
2. TERM
a) In consideration of the Land Use Charge as defined below, and the covenants and
agreements herein, OPG grants permission by the way of non-exclusive Licence to the
Licensee to use the Lands, subject to the terms and conditions of this Licence and all
existing encumbrances,commencing on July 1, 2015 and terminating on June 30,2035 (the
"Term").
b) In the event that the Licensee is in default of any of the terms and conditions of this
Agreement,and without limiting the generality of the foregoing,such default may include a
failure to comply with any request, instruction or order of OPO or any person acting on its
behalf, or a failure to comply with or persistent disregard for statutes, regulations,by-laws
or directives of relevant authorities relating to the Project or a failure to perform the Project
in accordance with the terms and conditions herein, OPG can, upon delivery of verbal or
written notice, and without prejudice to any other rights and remedies it may have,
forthwith terminate this Agreement. In the event of such termination, OPG will have the
right to remove any vehicles, equipment, imiachinery, Supplies and other itruterials from the
Lands and to restore the same to their original condition and to recover from the Licensee
all costs associated therewith.
c) OPG will have the right, without invalidating this Agreement, to suspend this Licence for
such reasonable period of time as OPG may require for safety, security or operational
purposes, by giving the Licensee twenty-four (24) hours notice in writing, if practicable.
OPG will not be liable to the Licensee for any damages or loss occasioned thereby.
3. LAND USE CHARGE
a) The Licensee will pay OPG a fee of$10.00 CDN, the receipt and sufficiency of which has
been acknowledged.
b) The Licensee hereby assumes the liability for and shall pay as they become due, all taxes,
rates and assessments of every kind whatsoever or any amounts in lieu thereof,that may be
imposed by reason of the Licence granted herein, and will at all timed indemnify OPG and
its successors and assigns and all persons acting on it or their behalf, from and against all
such taxes,rates and assessments or amounts in lieu thereof.
4. USE
OPG hereby grants to the Licensee, subject to the terms and conditions of this Licence, and the
rights of OPG contained herein, a non-exclusive Licence,to permit the Licensee and its employees,
servants,contractors,authorized representatives and agents access to the Lands for the sole purpose
of the Licensee's Project, including ingress and egress at the Lands described on Schedule A
attached.
The right granted to the Licensee is a licence only and shall not under any circumstances
whatsoever constitute a right by the Licensee to have or claim exclusive possession of the Lands
and this Agreement shall not constitute nor be interpreted to be either a partnership agreement,
lease,grant of easement or joint venture agreement made between the parties.
No other use may be made of any part of the Lands, which has not received the prior written
approval of OPG. Without limiting the generality of the foregoing,OPG may withhold approval for
Page-3-of 10
any further use requested by the Licensee, whether temporary or not, that in the opinion of OPG is
associated with the accumulation or piling of garbage,soil,or any other substance or material which
in the sole opinion of OPG constitutes a public hazard or nuisance,or a danger or impediment to the
effective and efficient operations of OPG,OPG Works or HON1's Works.
5. THE LICENSEE'S COVENANTS
The Licensee hereby covenants with OPG as follows:
(a) to perform the Project in strict compliance with the terms and conditions set out in this
Agreement;
(b) on completion of the Project, to provide OPG with a frill set of"as-built" drawings of the
Project;
(c) to accepts the Lands on an"as is,where is"basis;
(d) to not in any way interfere with the flow of the Hydro Power Canal;
(e) to not deposit or permit the deposit of any debris on the Lands, abutting land or into the
Hydro Power Canal and the Licensee shall implement and install protective measures to
ensure same as is reasonably necessary or as may be requested by the Licensor
(f) to notify and advise its authorized representatives of the terms and conditions of this
Licence Agreement, and the Licensee shall assume full responsibility for the acts or
omissions of its authorized representatives and all other persons or entities permitted by the
Licensee to enter the Lands in their use and occupation of the Lands and shall forthwith
remove from same any individual that OPG,in its sole discretion,deems to be acting in an
incompetent,illegal or unsafe manner;
(g) the Licensee and its authorized representatives may access the Lands or conduct the
Project without a representative of OPG being present,provided that OPG may, in its sole
discretion, have a representative on the Lands during the conduct of the Project;
(h) the Licensee shall ensure that no vehicle exceeds a maximum speed limit of 20km/hr
when on OPG Lands;
(i) to erect traffic controls on the Lands if requested by OPG;
(j) the Licensee will be responsible fur snow clearing on the Lands as required and the
Licensee acknowledges that OPG does not maintain or clear snow on the Lands;
(kt the Licensee will be responsible to obtain any necessary permits and or approvals for the
Project including a Niagara Plant Group dig permit where and when applicable;
(I) the Licensee covenants and agrees to repair or pay the reasonable cost of repair of any
damage occasioned during and resulting from the Project on the Lands,to the satisfaction
of OPG;
(m)the Licensee shall provide OPG with copies of all reports, findings, data, test results or
other information resulting from the Project, to the extent such reports,findings,data, test
results or other information relate to the Lands;
(n) the Licensee agrees that all test results, records and reports pertaining to the Project on
OPG Lands, and the information contained therein, is strictly confidential and the
Licensee represents and warrants that neither the Licensee nor its authorized
representatives will release the results, records and/or reports or any of the information
contained therein to any other individual or corporation or to any federal, provincial or
municipal agency or institution or any other government body, domestic or foreign,
without the express written consent of OPG, and the Licensee shall refuse all requests for
such results, records and/or reports or information in the absence of OPG's express
Page-4-of 10
consent, unless compelled to do so by competent judicial or administrative authority:;
(o) the Licensee will comply satisfactorily with all instructions of OPG's inspectors including,
without limitation, instructions to halt business and operations if, in the opinion of such
inspectors, the OPG Works or HONI Works or the safe or efficient operation thereof or
access thereto may be interfered with;
(p) not to operate or permit to be operated vehicles or other equipment within 10 feet of any
OPG Works or HONI Works;
(q) not to alter the existing grade, contours, drainage, or water courses, nor apply gravel or
asphalt to the Lands, nor erect or construct any building, structure or facility on the Lands,
including retaining walls, without first having obtained all required municipal and
governmental permits and approvals, and only after submitting detailed plans for the
approval of OPG and having obtained OPG's prior consent thereto;
(r) to comply with all technical specifications of OPG as OPG may at any time and from time
to time require,and to ensure all employees and contractors of the Licensee observe same;
(s) at its sole expense, to carry out and perform all aspects of the Project, whether or not
required by OPG, in a good,substantive and workmanlike manner;
(t) to arrange and maintain throughout the term of this Licence or any extension thereof,
commercial general liability insurance which shall include coverage for personal injury,
(including death), and property damage, all on a per occurrence basis with respect to all
operations carried out upon the Lands and the Licensee's use and occupancy of the Lands,
with limits for any one occurrence or claim not less than $10, 000,000.00 CDN, which
amount may be increased if OPG, in its sole discretion, so requires. Such insurance shall
name OPG as an additional insured party and shall contain a severability of interests and
cross-liability clause. A certified copy of the insurance policy, evidencing the above, must
be provided to OPG before the commencement of this Licence;
(u) the Licensee shall be responsible for all loss or damage to its, and its authorized
representatives' equipment, vehicles, tools and chattels brought onto the Lands, including
loss or damage occasioned by the acts or omissions of OPG and the Licensee acknowledges
that it and its authorized representatives bring such equipment, vehicles, tools and chattels
onto the Lands at their own risk;
(v) the Licensee shall promptly comply with or conform with the requirements of every
applicable statute, law, bylaw, regulation, ordinance, requirement and order, from time to
time or at any time in force during the term of this Licence and any extensions,affecting in
any way the use or occupation of the Lands; and, without limiting the generality of the
foregoing, at its own expense, the Licensee will comply with all Requirements of
Environmental Law relating to the Lands, or the Licensee's occupancy thereof, including
without limitation, the requirement to clean-up unauthorized dumping or to remediate any
condition of the Lands, including water, whether or not pre-existing. The Licensee
acknowledges having had the opportunity to inspect the Lands prior to entering into this
Licence and accepts the Lands"as is";
(wtduring the Term, the Licensee shall report immediately to OPG any health and safety
conditions or concerns, accidents or incidents occurring during performance of the
Project; and
(x)the Licensee shall not commit or suffer any nuisance,waste or injury to the Lands,and shall
not use or permit to be used any part of the Lands in any dangerous, noxious or offensive
manner and shall not cause or permit any nuisance in, at or on the Lands which is offensive
or an annoyance to OPG or the community.
6. PROTECTIVE INSTALLATIONS
In the event OPG considers it necessary that any of the OPG Works and HON! Works be fenced or
Page-5-of 10
otherwise protected or made separate, The Licensee shall at its own expense, erect and maintain
such fences or other protective installations as OPG may reasonably require.
Further to item 5. (w) above, the Licensee will notify OPG immediately upon the discovery of any
breaches to the OPG security fence dividing the Lands being used for the Licensee's Project from
the OPG Works known asthe Hydro Power Canal. OPG acknowledges that throughout the
duration of the Term of this Agreement,care and maintenance of the OPG Security Fence is the sole
responsibility of OPG.
Where the Licensee is constructing a new extent of the Project along OPG's Hydro Power Canal,
and where it has been decided in writing by both parties that the location of the security fence will
be moved closer to the Hydro Power Canal to provide additional space for the Project,it will be the
sole responsibility of the Licensee to provide funds for the cost of the new security fence, to he
located at a site specified by OPG.
Where a new security fence has been constructed along the Hydro Power Canal for the purpose of
the Project, the maintenance and removal of the Former Security Fence will,thereafter,become the
sole cost and responsibility of the Licensee.
7. INCREASE IN OPG'S COSTS
If at any time or times the Licence or any of the operations carried out pursuant to this Licence or
any improvements made to the Lands by or for the benefit of the Licensee should, in the opinion of
OP(i acting reasonably, directly or indirectly increase the cost or expense of any of the presently
existing OPG Works or any works required by OPG in the future,or the maintenance,construction
or operation thereof,the Licensee shall pay to OPG on 30 days'prior written notice,such increase in
cost or expense of which is mutually agreed upon by the Licensee and OPG, acting reasonably,
including without limitation, the cost to OPG of acquiring any additional lands or rights which
would not have been required but for the existence of this Licence,or the Licensee's improvements,
use or possession of the Lands, The Licensee shall have the option of terminating this Licence
within such 30 day notice period,in which event Section 14, Events of Default and Termination and
Section 16,Survival of Indemnity,shall apply.
8. LICENCE SUBJECT TO ENCUMBRANCES
This non-exclusive Licence and the Licensee's interest herein shall be subject to all existing leases,
licences and rights of use or occupation which may exist at the date of this Licence,whether or not
registered, and OPG may from time to time renew or extend these arrangements or enter into new
ones, whether or not with the same parties, and to which new arrangements this Licence shall also
be subject, so long as the rights granted thereunder do not interfere unreasonably with the
Licensee's Project.
Despite anything to the contrary in this Licence the Licensee acknowledges that OPG in its
discretion shall be entitled at any time(s) to permit part(s) of the Lands to be used by it or its
permittees (collectively the "Permittees") for further or other purposes. uses, businesses or
undertakings(the"Other Uses")of its choice that do not interfere unreasonably with the operations
of the Licensee, and to renew, extend, or grant such rights and make and complete such
arrangements in this regard with such Permittees as OPG considers necessary or desirable,all at no
further expense or condition and without being in default under this Licence or otherwise liable to
the Licensee.
The Licensee agrees to cooperate and discuss in good faith and in a timely fashion with OPG and
such Permittees all proposals, impacts or reasonable requests of OPG or other Permittees at any
time(s).
Should OPG notify the Licensee at any time(s) that OPG wishes to renew, extend, or grant rights
and make arrangements to authorize such Other Uses,the Licensee hereby covenants to accept and
consent to each of the same.
Page-6-of 10
9. HEIGHT RESTRICTIONS
The licensee shall ensure that the height of any vehicle,load,accumulation or any object. including
attachments and people who may be standing thereon, at a location or locations proximate to the
OPG Works,does not exceed 13.5 feet above the existing grade.
10. RELEASE&INDEMNITY
The licensee shall assume all liability and obligation for any and all loss, damage or injury
(including death), by reason of fire, accident or otherwise to all persons or property, howsoever
arising, as a result of or connected in any way with the use and occupation of the Lands or that
otherwise would not have occurred but for the granting of this Licence, and in consideration of the
rights and privileges granted herein, the Licensee does hereby release and forever discharge ()PG,
its subsidiary and affiliated corporations,successors and assigns and all persons acting on its or their
behalf from all claims, actions, demands or other proceedings in respect thereof; and in further
consideration of same, the Licensee hereby agrees to indemnify OPG, its subsidiaries, successors
and assigns and all persons acting on its or their behalf, from and against all such claims, actions,
demands or other proceedings and all expenses and costs occasioned thereby.
11. REMEDIES OF LICENSOR
OPG shall have all remedies, including, without limitation, damages and injunction, available to
OPG at law or in equity arising upon any default by the Licensee under this Licence.
12. LICENSOR'S EXPENSES
If legal action is brought forward to recover any monies due under the Licence or because of the
Licensee's breach of any other terms,covenants or conditions herein contained on its part to be kept
or performed, the Licensee shall pay to OPG all of its expenses incurred therefore, including
solicitors fees(on a solicitor and his own client basis)unless a court otherwise awards.
13. ALTERNATIVE REMEDIES
OPG may, from time to time, resort to any or all of the rights and remedies available to it in the
event of an Event of Delimit, pursuant to this Licence or by statute or at law,all of which rights and
remedies are intended to he cumulative and not alternative,and the express provisions hereunder as
to certain rights and remedies are not to be interpreted as excluding any other or additional rights
and remedies available to OPG by statute or at law.
14. EVENTS OF DEFAULT AND TERMINATION
An event of default ("Event of Default") shall be deemed to have occurred if any one or more of
the following events occurs:
(a) if default is made in the due payment of any installment of the Land Use Charge or any
other monies payable hereunder, and such default is not remedied within five (5) days after
written notice specifying the default has been delivered by OPG to the Licensee:and,
(b( if default is made by the Licensee in the performance of or compliance with any
covenants, agreements,terms or conditions contained in this Licence,other than those referred
to in subparagraph (a) of this paragraph 14, and such default has not been remedied within 10
days after written notice specifying the default has been delivered by OPG to the Licensee, or
in the case of failure to obtain or maintain insurance, within three (3) Business Days after
written notice specifying the default has been delivered by OPG to the licensee or in the case
of a default which affects, or is likely to affect, the operations, maintenance or construction of
the OPG Works, or 110N1 Works, within 24 hours after written notice specifying the default
has been delivered by ()PG to the Licensee. However, with respect to any such default(other
Page-7-of 10
than a tirilitre to obtain or maintain insurance, or a default which affects, or is likely to affect,
the operation. maintenance or construction of the OPG Works or IIONI Works for which there
shall be no extension) which is of a nature that it cannot, with due diligence, be cured within a
period of 1(1 days, an Event of Default shall not be deemed to exist if the Licensee has
commenced to cure such default within three (3) days after written notice thereof from OPG
and so long as the Licensee therea her proceeds with all due diligence and takes all appropriate
action to complete the curing of such default;
If any Event of Default occurs, then and in every case and so often as same shall happen.OPG shall
have the right, at its option, to cancel and terminate this Licence by giving the Licensee written
notice of cancellation and termination, and upon the expiration of the time fixed in such notice,all
rights of the Licensee with respect to the Lands or any part thereof and this Licence shall be
absolutely forfeited and shall lapse in the same manner and with the same force and effect as if the
expiration of the time fixed in such notice of cancellation and termination were the end of the Term.
15. NOTICE
Except as is otherwise provided in this Agreement, every notice required or permitted under this
Licence must be in writing and may be delivered in person, by courier or by fax to the applicable
party,as follows:
I f to the OPG, If to the Licensee,
Ontario Power Generation Inc. The Corporation of the City of Niagara Falls
700 University Avenue 4310 Queen St,
Toronto,ON M5G I X6 Niagara Falls,ON 121:6X5
Attn: Manager, Real Estate Services Attn: Legal Department
Tax: 416-592-X115 Fax:905-371-2892
Or to any other address, fax number or individual that a party designates by notice. Any notice
under this Licence, if delivered personally or by courier will be deemed to have been given when
actually received. if delivered by fax before 3:00 p.m. on a Business Day will be deemed to have
been delivered on that Business Day and if delivered by fax after 3:00 p.m.on a Business Day or on
a day which is not a business day will be deemed to be delivered on the next Business Day.
16. SURVIVAL OF INDEMNITY
The obligations of the Licensee to indemnify OPG pursuant to Section 10, and similar obligations
pursuant to other sections of this licence, shall survive the expiration or other termination of this
Licence.
17. ASSIGNING AND SUBLETTING
PING
The Licensee shall not enter into, authorize, permit or suffer any assignment, subletting or
sublicensing of this Licence or any of the rights or privileges hereunder, nor shall it part with or
share possession of the Lands. without OPG's prior written consent,which consent may be withheld
in OPO's sole discretion.
18. TITLE
The Licensee shall not enter into any agreements for the Lands, which would run with the Lands
and become an obligation of ()PG�upon termination or expiry of this Licence without OPG's
consent,which consent may be withheld in OPG's absolute and unfettered discretion.
Page-8-of 10
19. NO RELEASE OF LIABILITY
No termination or assignment of this Licence.consented to by OPO shall relieve the licensee of its
liability and obligations hereunder and such liability and obligations shall survive any such
termination or assignment.
20.GENERAL TERV'IS
The division of this licence into sections and the insertion of headings are for convenience of
reference only and are not to affect the construction or interpretation of this Licence. Words
importing the singular include the plural and vice versa. The term "including'' means "including
without limitation", and the terms "includes" and "included'' have similar meanings. This Licence
is governed by, and is to be construed and interpreted in accordance with,the laws of Ontario and
the laws of Canada applicable in Ontario. The parties irrevocably submit to the non-exclusive
jurisdiction of the courts of Ontario in respect of any matter relating to this Licence. If any term of
this Licence is or becomes illegal, invalid or unenforceable, the illegality, invalidity or
unenforceability will be deemed severable and will not affect any other term of this licence. This
Licence constitutes the entire agreement between the parties with respect to the subject matter and
supersedes all prior agreements, negotiations, discussions, representations, warranties and
understandings. whether written or verbal. This Licence enures to the benefit of and binds the
parties and their respective successors and assigns. No term of this Licence may be amended or
waived except in writing. No failure to exercise and no delay in exercising, any right or remedy
under this Licence will be deemed to be a waiver of that right or remedy. No waiver ot'any breach
of any term of this Licence will be deemed to be a waiver of any subsequent breach of that term.
In Witness Whereof the parties have duly executed this licence effective as of the year and date
first above written
ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: Name:
Title: Title:
I have the authority to bind the corporation. I have the authority to bind the corporation.
Name:
Title:
I have the authority to hind the corporation.
Page-9-of 10
Schedule`.A'
Lands
Part of PINS, north to south:
PIN 64269-0572 and 64269-0564— Section 3 between Thorold Stone Road and
Whirlpool Road
PIN 64323-0182 and 64323-0351 — Section 4 between Morrison Street and Thorold
Stone Road
PIN 64401-0001 and PIN 64402-0483 - Section 1 between McLeod Road and Lundy's
Lane
Please see plan attached.
Pace- Ill-oflll
655000 656000
654000
653000
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ONTARIOPOifiER Legend
N ..
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o...,..,..
GENERATION _______
. OPG Lands Road
VVV : V
M ,.7.7..7.,
ILLENN IU INA Millennium Trail Railway \iiii‘i - 7 "
::' ...7...-::,:-.L.:i....- -
TRAILGary Hendershot Trail
CITY OF •CAI Oa
NIAGARA FAO-
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. (Stop Signs at
Intersections, Yield Signs at Intersections,
Parking Prohibited)
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000. as amended. is hereby further amended
(1) by adding to the specified columns of Schedule P thereto the following items:
STOP SIGNS AT INTERSECTIONS
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
Brown Road & Butternut Boulevard Southbound on Butternut Boulevard
Brown Road & Hoptree Road Southbound on Hoptree Road
Brown Road &Juneberry Drive Southbound on Juneberry Drive
Brown Road&Sweet Birch Road Southbound on Sweet Birch Road
Brown Road & Sweet Chestnut Drive Southbound on Sweet Chestnut Drive
Brown Road &Tulip Tree Drive Southbound on Tulip Tree Drive
Cinnamon Grove& Emerald Avenue Eastbound on Cinnamon Grove
Cinnamon Grove& Emerald Avenue Westbound on Cinnamon Grove
Cinnamon Grove&Tallgrass Avenue Westbound on Cinnamon Grove
Cinnamon Grove&White Oak Avenue Eastbound on Cinnamon Grove
Hoptree Road &Tulip Tree Drive Northbound on Hoptree Road
Sweet Chestnut Drive&Juneberry Drive Northbound on Juneberry Drive
-2-
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
Sweet Chestnut Drive&Sweet Birch Road Northbound on Sweet Birch Road
Sycamore Drive &Sassafras Trail Southbound on Sycamore Drive
(2) by adding to the specified columns of Schedule Q thereto the following items:
YIELD SIGNS AT INTERSECTIONS
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
Butternut Boulevard & Black Maple Drive/Sassafras Trail Northbound on Butternut Boulevard
Butternut Boulevard & Black Maple Drive/Sassafras Trail Southbound on Butternut Boulevard
Butternut Boulevard & Black Maple Drive/Sassafras Trail Eastbound on Sassafras Trail
Butternut Boulevard & Black Maple Drive/Sassafras Trail Westbound on Black Maple Drive
Butternut Boulevard &Sweet Chestnut Drive/Tulip Tree Drive Northbound on Butternut Boulevard
Butternut Boulevard & Sweet Chestnut Drive/Tulip Tree Drive Southbound on Butternut Boulevard
Butternut Boulevard & Sweet Chestnut Drive/Tulip Tree Drive Eastbound on Sweet Chestnut Drive
Butternut Boulevard & Sweet Chestnut Drive/Tulip Tree Drive Westbound on Tulip Tree Drive
(3) by adding to the specified column of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES/DAYS
Warren Woods Phase 3 Both Black Maple Drive and At All Times
Temporary Road Sassafras Trail
This By-law shall come into force when the appropriate signs are installed.
Passed this twenty-fourth day of November, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015
Second Reading: November 24, 2015
Third Reading: November 24, 2015
CITY OF NIAGARA FALLS
By-law No. 2015 -
A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1 . By-law No. 2002-081 is amended by deleting Schedule "D4", and that Schedule
"D4" attached hereto shall be inserted in lieu thereof.
2. By-law 2015-031 is hereby repealed.
Passed this 24th day of November, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015.
Second Reading: November 24, 2015.
Third Reading: November 24, 2015.
SCHEDULE "D4"
HOCO LIMITED
I. Parking By-law Enforcement Officers on private property:
Keith Bennett Stephanie Lampman
Blair Cottage Joel McLeod
Dylan Dance Mike Morrone
Justin Facci Dean Murray
Jake Holt Carlos Peralta
Abby Kapur
CITY OF NIAGARA FALLS
By-law No. 2015 -
A by-law to authorize the payment of $31,014,865.17 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 October 8, 2015 to November 4, 2015.
Passed this twenty-fourth day of November, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015
Second Reading: November 24, 2015
Third Reading: November 24, 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
24th day of November, 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 24th day of November, 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-fourth day of November24, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: November 24, 2015
Second Reading: November 24, 2015
Third Reading: November 24, 2015