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2016/08/23 Schedule for August 23, 2016 4:30 In Camera Committee Room # 1 5:00 Council Meeting Council Chambers CITY OF CAMADA ---_NIAGARA FA_W- 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 is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on August 23, 2016 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under s. 239(2)(b), personal matters about an identifiable individual and s. 239(2)(f), advice that is subject to solicitor-client privilege. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagara a11s COUNCIL MEETING August 23, 2016 0 Canada to be sung by Isabella Milano ADOPTION OF MINUTES: Council Minutes of July 12, 2016 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. LEGAL MATTERS 5:00 P.M. 1. L-2016-14B — Possible Respect in the Workplace Violation 2. L-2016-15 — Proposed Conveyance of City Owned Land to Habitat for Humanity Niagara Portion of Glenholme Avenue PRESENTATIONS! DEPUTATIONS 5:00 P.M. Childhood Cancer Awareness Patti Bauer will address Council and request related fee waivers in association with an event, Music for Miracles, being held at Fireman's park on September 17, 2016. -AND- Proclamation declaring September, Childhood Cancer Awareness Month MPAC Ann Lehman-Allison, Municipal property Assessment Corporation, will make a presentation on the recent residential assessment notices. 1 BUDGET MATTERS 5:30 P.M. Finance staff will make presentations on the Municipal Utility Budget update and the Niagara Falls Water Dashboard. MW-2016-38 — New Water By-law REPORTS 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-2016-30 — Major Receivables June F-2016-31 — Major Receivables Monthly July F-2016-32 — Municipal Accounts F-2016-34 — 2016 Copier Lease Renewal HR-2016-01 — Employee Assistance Program (Benefits Provider) HR-2016-02 — Benefits Renewal L-2016-13 — The Niagara Parks Commission and the City Sign License Agreement Railroad Bridge, McLeod Road and Marineland Parkway L-2016-16 — Canamed (Stamford) Limited, Assignment of Lease to Portage Road Holdings Limited Parking Lot Adjacent to 4256 Portage Road L-2016-17 — Residential Loan Agreement Emerald Retirement Residence, 5807 Ferry Street. L-2016-18 — Warren Woods Developments, Temporary Access Agreement, Hydro Corridor MW-2016-34 - Pettit Avenue Watermain Replacement - Tender Result, Contract No. 2016-364-14 MW-2016-35 - Victoria Centre Streetscape Revitalization Phase 1 Construction Update MW-2016-37 - Retaining Wall Rehabilitation - Tourist Core, Tender Award PBD-2016-34 - Changes to Provincial Planning Documents PBD-2016-40 - PLC-2016-005, Request for Removal of Part Lot Control Blocks 8-17 Inclusive, Registered Plan 59M-425 Oldfield Estates Plan of Subdivision - Phase 3. Applicant: Mountainview Homes PBD-2016-43 - CIP-2008-005 Historic Drummondville CIP Commercial Building and Façade Improvement Plan Application request for revival, property 5836 Main Street, Applicant: 1526860 Ontario Ltd. (Vijay Kapur) PBD-2016-44 - Matters Arising from Municipal Heritage Committee Meeting Doran Marshall Burke House, 4851 River Road PBD-2016-45 - Matters Arising from Municipal Heritage Committee Meeting Comments for Niagara Parks Commission Historic Power Plants R&C-2016-09 - 2016 Sports Wall of Fame Inductees R&C-2016-10 - Niagara Falls Review Renewal Agreement R&C-2016-11 - Arts & Culture Wall of Fame TS-2016-22 - Calendonia St. Follow Up Speed Control Review TS-2016-29 - Brant Ave @ Churchill St. - Intersection Control Review TS-2016-31 - Tri-Party Transit Services Agreement: Niagara Region St. Catharines Transit- City of Niagara Falls TS-2016-30 - Bukator Road & Rapids View Drive - Parking Review 3 PLANNING MATTERS 6:30 P.M. Public Meeting: AM-2016-005, Official Plan and Zoning By-law Amendment Application North Side of McLeod Road West of Sharon Avenue Applicant: Tom Vattovaz Proposal: Car Wash Background Material: Recommendation Report: PBD-2016-36 NOTE: Request for deferral from applicant -AND- Correspondence from Giuseppe Buonamassa & Maria Centonze Correspondence from Anita Gravelle Correspondence from Lise Grieve Correspondence from Susan and Rick Rogers * * * * * Public Meeting: 26CD-11-2016-003 & AM-2016-014 Smart Townes Phase 3 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 7748, 7768 and 7796 Ascot Circle Applicant: Pinewood Homes (Tara) Ltd. (Michael Colaneri Jr.) Agent: Al Heywood and upper Canada Consulting (Jennifer Vida) Background Material: Recommendation Report: PBD-2016-42 * * * * * 4 Public Meeting: 26C D-11-2016-002 & AM-2016-011 Victoria Woods Phase 2 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 9245 to 9311 Shoveller Drive Applicant: Silvergate Homes Ltd. (John Passero) Agent: Upper Canada Consulting (Ken Gonyou) Background Material: Recommendation Report: PBD-2016-38 -AND- Correspondence from Sandra Enskat Public Meeting: AM-2016-010, Zoning By-law Amendment Application 9387 Lundy's Lane Applicants: Campark Resorts (Phil Van Kleef) Proposal: Expansion of Camping Establishment Zoning and Addition of Place of Entertainment and Recreational Uses Background Material: Recommendation Report: PBD-2016-37 * * * * * Public Meeting: AM-2016-012, Zoning By-law Amendment Application 5205 Fourth Avenue Applicant: Evan MaDonald Proposal: Conversion of Existing Building into a 10 Unit Apartment Building Background Material: Recommendation Report: PBD-2016-41 -AND- Correspondence from Dwight Whalen * * * * * Public Meeting: Official Plan Amendment No. 117 Thundering Waters Secondary Plan Applicant: GR (CAN) Investments Ltd. Background Material: Recommendation Report: PBD-2016-39 -AND- Various correspondences MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Niagara Falls Public Library Board — requesting that Council fill the vacancy on the Board with Kevin Letourneau. RECOMMENDATION: For the Consideration of Council. 2. KOA Campground — requesting relief to the outdoor fire ban. -AND- Memo from the Fire Chief. RECOMMENDATION: For the Information of Council. 3. Transportation Services — requesting the month of September be proclaimed as "School Crossing Guard Awareness" month. RECOMMENDATION: For the Approval of Council. 4. Prostate Cancer Canada - requesting the month of September be proclaimed as "Prostate Cancer Awareness" month. RECOMMENDATION: For the Approval of Council. 6 5. Suicide Prevention — requesting that September 10, 2016 be proclaimed as "Suicide Prevention and Awareness" day. RECOMMENDATION: For the Approval of Council. 6. Regional Municipality of Niagara/ Chris Bittle, M.P. - requesting that Council support that a resident of the Niagara Region be appointed to the Senate. RECOMMENDATION: For the Consideration of Council. 7. Taps Brewery — requesting relief to the Noise By-law for various events in September. RECOMMENDATION: For the Consideration of Council. 8. Downtown B.I.A. — requesting a grant equal to the fees associated with road closures for the Rock Swap event. RECOMMENDATION: For the Consideration of Council. 9. The Bridge — requesting a grant equal to the fees associated with the building permit associated with their church-related community space. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. RESOLUTIONS THEREFORE BE IT RESOLVED that Council allow the ATU President to address City Council on system-wide major routing changes, that potentially could affect the union and its' employees, and on matters relating to ridership THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Niagara Falls Oktoberfest, at the Scotiabank Convention Centre, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. RATIFICATION OF "IN CAMERA' MATTERS * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2016-75 A by-law to establish Reserve Block 97 on Registered Plan 59M-395 as a public highway to be known as, and to form part of Tallgrass Avenue 2016-76 A by-law to amend By-law No. 2016-24, being a by-law to establish rules and regulations for the City of Niagara Falls municipal cemeteries. 2016-77 A by-law to amend By-law No. 79-200, to permit the Lands to be used for vacation rental dwelling units, a hostel and the uses permitted in the TC zone, save and except for a day nursery, recreational uses and dwelling units, and to repeal By-law No. 2007-208 (AM-2016-009). 2016-78 A by-law to amend By-law No. 79-200, to permit the use of the Lands and buildings thereon for a townhouse development and to repeal By-law No. 92-240 (AM-2016-014). 2016-79 A by-law to designate Blocks 8-17(inclusive), Registered Plan 59M-425, not be subject to part-lot control (PLC-2016-005). 2016-80 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 2016-81 A by-law to establish Reserve Block A on Registered Plan 112 as a public highway to be known as, and to form part of, St. Thomas More Drive. 2016-82 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads ( Limited Parking, Designated Lanes) 2016-83 A by -law to appoint the Fire Chief for the City of Niagara Falls. 2016-84 A by-law to authorize the execution of an Authorized Requester Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the access and use of certain information contained in MTO databases. 2016-85 A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. ;3 2016-86 A by-law to authorize the renewal of an agreement with the Niagara Falls Review for the permission to place static advertising signs on various surfaces at City arenas. 2016-87 A by-law to repeal By-law 2009-156, a by-law to authorize the execution of an agreement with respecting the Adopt -A -Street public service program for volunteers. 2016-88 A by-law to authorize the execution of an agreement with the Corporation of the Town of Fort Erie for the provision of transit services. 2016-89 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. 2016-90 A by-law to authorize the payment of$21,278,312.61 for General Purposes. 2016-91 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of August, 2016. * * * * * NEW BUSINESS 9 *August 23, 2016 - Isabella Milano Eleven year old Isabella Milano is a grade six student who is the student leader in her class. She studies music with Sandra Mason. Isabella plays piano, and guitar, she has written her ov.n song "Why Go Home?" and she is part of the Songwriters Association. Isabella has performed both the American and Canadian national anthems at an Ice Dogs game. L-2016-14B NiagaraFalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-14B Possible Respect in the Workplace Violation Our File No. 2016-119 REPORT Ms. Lisa Bolton, who conducted the above-captioned investigation, will be present at the Council Meeting to answer any questions Council might have concerning the investigation. Recommended by: 41", 614/114''-'1 Ken Beaman, City,Solicitor 666/f, . Respectfully submitted: _pm( Ken To d, Chie dministrative Officer KB L-2016-15 Niagaraplls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-15 Proposed Conveyance of City Owned Land to Habitat for Humanity Niagara Portion of Glenholme Avenue Our File No. 2011-186 RECOMMENDATION For the consideration of Council. EXECUTIVE SUMMARY Habitat for Humanity has offered to purchase the unopened road allowance known as Glenholme Avenue which fronts upon Bellevue Avenue for a purchase price of $30,000.00. Description: Part of unopened Glenholme Avenue road allowance that fronts on the north side of Bellevue Street between Valley Way and Harper Drive [P.I.N. 64312-0395 (LT)] Total Area: 66 x 125 feet (8,364 square feet) - approximately 20.1 x 38.1 metres (766.45 square metres) Zoning: R2 - Residential Single Family and Two Family Zone Type of Property: Vacant Residential land Location: North side of Bellevue Street Appraised Value: $43,000.00 Offered Price: $30,000.00 2 L-2016-15 August 23, 2016 BACKGROUND This property was declared surplus in 2011. Council declined to convey the property to Habitat for Humanity at that time. The particulars of that proposed transaction are set out in the attached report, PD-2011-64. An offer to purchase the property for $31,000 was considered by Council in March of this year. Staff recommended against accepting that offer and was directed to attempt to sell a property on the open market. As preparations for the open market tender were underway, the City received another offer from Habitat for Humanity to purchase the property. Habitat for Humanity is now proposing a purchase price of $30,000.00. ANALYSIS/RATIONALE The appraised value of the property is $43,000.00. This appraised value is likely somewhat low as the appraiser was given misinformation as to the zoning of the property. The appraisal values the property with a zoning of R1A. The actual zoning of the property is R2. The R2 zoning, being more flexible, is likely to yield a greater value for the property. Accepting the $30,000.00 offer would have the effect of providing a grant to Habitat for Humanity in the amount of at least $13,000.00. This benefit to Habitat to Humanity would not be considered to be a bonus as that term is used in the Municipal Act, 2001 because Habitat for Humanity is a non-profit organization. Municipalities may provide grants to non-profit organizations. It is commercial enterprises that are subject to the prohibition against providing public benefits, known as a bonusing. Habitat for Humanity is well-known as a non-profit organization that specializes in providing housing for the economically disadvantaged. As the matter under consideration is a grant, staff takes no particular position with respect to it. FINANCIAL IMPLICATIONS A grant of at least $13,000.00. CITY'S STRATEGIC COMMITMENT The proposed Agreement is in keeping with Council's commitment to customer service excellence. 3 L-2016-15 August 23, 2016 LIST OF ATTACHMENTS Attachment 1 — Report PD-2011-64 Attachment 2 —Aerial Photograph Recommended by: /11-.. I, Ken Beaman, City Solicitor Respectfully submitted: 1 )101"1"-U Ken Todd, Chief Administrative Officer KB PD-2011-64 Niagarafalls ATTACHMENT " I 1' September 19, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD-2011-64 Glenholme Road Allowance Request for Grants RECOMMENDATION 1. That Council consider selling the Glenholme Road allowance on the open market. 2. That the request for grants be referred to the 2012 budget process. EXECUTIVE SUMMARY The matter of the Glenholme Avenue Road Allowance has been before Council on three previous occasions by various proponents. On August 10, 2011 Habitat for Humanity Niagara sent a letter expressing interest in acquiring the Glenholme Road Allowance to facilitate the construction of their 20th anniversary"Showcase Build"to take place in 2013. Habitat are seeking grants equivalent to the land value, fees and servicing costs for the proposed construction of an 1100 square foot bungalow on the vacant property. Although not confirmed atthis point Habit intends to partner with the District School Board of Niagara for this build . Habitat Niagara is also seeking grants equivalent to fees and servicing costs for a February 2012 project to construct an 1100 square foot bungalow located on McRae Street. This home will be entirely constructed by the District School Board of Niagara (DSBN), Niagara Falls High School, High Skills Major Construction Program students. Accordingly, based on Habitat's interest in acquiring the Glenholme Road Allowance, their partnership with the District School Board of Niagara and the projected return of investment to the community, if Council entertains a grant equal to the value of land and other applicable fees that it be referred to the 2012 budget process. BACKGROUND The matter of the Bellevue Street Property(Glenholme Avenue Road Allowance) has been before Council on three previous occasions. In April 2009, Council approved providing a grant equal to the costs of the land and various permits. The land was to be used by Niagara Regional Housing (NRH) to accommodate September 19, 2011 -2 - PD-2011-64 a house being donated by the Nieuwesteegs. The Niagara Catholic District School Board (NCDSB)was also a partner in the project. The approval of the grant was contingent upon the project proceeding as proposed. Due to the moving costs exceeding the costs of building new, NRH pulled out of the project. Subsequently, after meeting with City staff about land opportunities, the Bellevue Street Property was identified to Habitat for Humanity. The organization was interested and would be partnering with the Niagara District School Board of Niagara. Similar to other Habitat projects, a home would be built on the property for a family in need. Concurrently, the NCDSB looked to partner with Gateway Residential & Community Support Services("Gateway"). The house being donated by the Nieuwesteegs would have been used as a geared to income housing for persons with mental health issues. Gateway subsequently pulled out, but as of September 2010, the last time the matter was before Council, the NCDSB still had an interest and was looking to partner with the YMCA. With worthy, competing interests in the property, Council deferred a decision. Habitat for Humanity has continued to express interest in the Bellevue Street Property, sending a letter as recently as August 10, 201, with an additional request related to a McRae Street property. Staff have not heard from the NCDSB and the Nieuwesteegs have taken out a demolition permit on the house that was proposed to be moved to the site. A final letter was sent to the NCDSB in preparation of this report. FINANCIAL IMPLICATIONS Glenholme Road Allowance(Bellevue Street) 1100 sq.ft. "Showcase Build"2013 Proposal • Cost of lot +- $65,000.00 • Servicing Water/Sewer to building from mains $14,000.00 • Sewer and Water Permit $ 225.00 • Water meter $ 199.00 • Plumbing Permit $ 200.00 • Building Permit $ 1,035.29 • City Development Charges $10,092.00 • Regional Development Charges $ 9,090.00 2013 Total +- $99,841.29 McRae Street 1100 sq. ft. Bungalow 2012 Proposal • Lot presently owned by Habitat • Servicing Water/Sewer to building $14,000.00 • Sewer and Water permit $ 225.00 • Water Meter $ 199.00 • Plumbing Permit $ 200.00 • Building Permit $ 1,035.00 • City Development Charges $10,092.00 • Regional Development Charges $ 9,090.00 2012 Total $34,841 .00 September 19, 2011 -3 - PD-2011-64 Note that prices are subject to any indexing in fees and development charges which may occur over the time frames indicated. Council should be aware that residences built under the Habitat for Humanity Niagara Program are subject to full property taxes. It should further be made clear that the property is provided as is and that no other funds be provided or liabilities be assumed by the City. As noted Council could decided to see the lot on the open market. CITY'S STRATEGIC COMMITMENT Under the Housing Strategy of the Official Plan it states that the policies "are intended to guide the provisions of housing which is affordable". Accordingly, the City has made a commitment to provide opportunities for affordable housing in the City. LIST OF ATTACHMENTS ► Letter from Habitat for Humanity Niagara dated August 10, 2011. ► Letter sent to John Crocco, Director of Education (NCDSB) dated September 6, 2011. 1 j I ; Recommended by: / f ti- ': �. ,, - t Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 114A-41J K 'n Todd, Chief Administrative Officer J. Castrilli:lk Attach. V-12011 COUNC/L12011 09 191P0.2011-064,Glenholme Road Allowance Grant in value equal to land fees and servicing costs wpd VIM 4111011111110%111116, . St.Catharines ON t2PHabtatrREID Tel:905-685-7395 'TI for Humanity' AUG 1 2 2011 • Fax:905-685-7396 Y Email:habitat®habitatniagara.ca Niagara OFFICE OF www.habitatniagara.ca THE ADMINISTRATOR August 10, 2011 Mr. Ken Todd Chief Administrative Officer The City of Niagara Falls Canada City Hall 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Todd: Habitat for Humanity Niagara is a registered non-profit charity providing for the purchase of simple, decent and affordable housing by deserving residents of Niagara and around the world. Our unique model of home ownership is designed to break the cycle of poverty through a zero-interest mortgage, a 500 hour"sweat equity" down payment by the family, and a mortgage repayment geared to the purchaser's income, reviewed annually. Municipal property taxes are rebated directly through Habitat. Our homes are built through the generous contributions of products, services and volunteer time contributed by individuals, corporations and municipalities. We have built 34 homes in the Niagara Region since 1993 under this unique program. All homes are built to Energy Star Certified Standards, and are architecturally integrated into surrounding neighbourhoods. After a 10-year absence, Habitat Niagara is now planning to return to Niagara Falls and build 2 homes at the following locations: 1. 5076 McRae St. —currently vacant We plan to begin construction of an 1100 square foot raised bungalow on this property beginning in February, 2012. The home will be entirely constructed by the DSBN Niagara Falls High School students enrolled in High Skills Major— Construction curriculum. This will be the 8'h Niagara area home constructed under this DSBN — Habitat Niagara partnership. 2. 6533 Bellevue St. —currently vacant We understand the consideration of the re-allocation of this already donated lot will once again come before City Council in September of this year. We are extremely interested in securing this property for a 2013 "Showcase Build". Habitat Niagara will celebrate its 20' year of existence in 2013. We will also be bidding to host the Habitat Canada National Convention in Niagara Falls that year- a bid we feet confident we will win. Our current plans are to construct a home on this Bellevue lot during that National Convention. Our building program mandate includes supporting local Niagara businesses in our product and services procurement. To date, we have invested in excess of$2 million in the Niagara region in construction purchases. Our St. Catharines ReStore profits cover our affiliate operating costs, so all donor contributions directly benefit our home building program. Municipalities throughout Niagara have also benefitted. All 34 homes have been built on vacant "infill"properties. The increased property base has been a direct revenue enhancement to each of the municipalities in which we have built. We are requesting that the City of Niagara Falls support our mission to provide affordable housing through the waiver of the following fees associated with the construction of these 2 homes: - City of Niagara Falls Canada Development fees - Building Permit fees - Ancillary construction fees normally levied We wish to advise that the provision of this waiver by the City will also result in the Regional Development fees also being automatically waived. This is a standard condition in agreement with the Region covering all Niagara municipalities. Habitat Niagara has and continues to be supported in our programs through Municipal Development and Building Permit Fee waivers from St. Catharines, Ft. Erie, Grimsby, and Welland. We would hope that we can count on the City of Niagara Falls to join these other progressive municipalities in meeting our request for this valued support.. Our products are our homes...our focus is our fatuities. Thank you for your serious and consideration and endorsement of this request. Sincerely, D. Craig Fowler Director of Operations cc. Alastair Davis, CEO 2 / •*-"/ Niagara, alls t \ .\ I) September 6, 2011 Mr. John Crocco, Director of Education Niagara Catholic District School Board 427 Rice Road Welland, ON L3C 7C 1 FAX: 905-734-8828 �0 ltk Dear Mr. C/occo: Re: Bellevue Street Property (Glenholme Road Allowance),Niagara Falls As you will recall since 2009, your school board has expressed an interest in the property noted above. Over that time,there has been discussion of the NCDSB partnering with Regional Housing, Gateway Residential & Community Support Services, and the YMCA on various endeavours. The City has not heard from the NCDSB, since a year ago, on whether it continues to have an interest in the property. It is staff's understanding that the Nieuwesteegs, who proposed to move a house to the site,have taken out a demolition permit with regard to the house. Also,the organization Habitat for Humanity continues to express an interest in the property and would like to see a final resolution on the matter. Staff will be reporting to Niagara Falls Council at their meeting on September 19t. If we do not hear from you prior to that date, we will assume that your organization no longer has an interest in the property. S'ncere l y, Dean lorfid City Clerk c. Mayor James M. Diodati and Members of Council Clerics Department Working Together to Serve Our Community Ext 4271 Fax 905.356-9083 diorftdo niagerafaiIS.ca • 1:- • 4310 Queen Street,P.U.Box 1023,Nl3gara Falls.ON.Canada L![(,x5 905-355.7;:1 :,n1.19 11,401 ,c Page 1 of 1 ARPER- F- _.r Wy _.-•- : -•,,:' '' .-- * *41 " ; - 1 . * 1 -it ‘; -04, ••17 1 ' '•.ik'' / ,•••1 ' .'' 4:7—'*'', . ; ''''.2''', ''ii 4-12;44` 1 4''',' .., II �'i ,i '''''':''' s'i'''''' ' I, t4';''''''-',.. t- ';i---;z:- t ri'' , ..,, .. ',. tt -,...,,i ., --,,,q-...4 i. i .„-:,-0,-,,e.r. :, ,-,,i,,.r. :. ..., ...-A f -',:.',..';',:-.;%.,.; ,,,,,,ri.1244, '., 1 ',410,,e,i.', ..,-1'.7.--..,IA ' • ...:CiiAl.411111,- fg }' $ -. a , 51 2t+ _ - ,els ;' # Hwy -` ,,- ria. A ry•.:'4 • +61=L-t_,EVIuE.S''i. • • av �If, YTttW` a t "+ 9 Vg 11 0016 �3� @''- Srd ' >> 'd ATTACHMENT "Z" 08/15/2016 https://www.fallsview-er.ca/print/fea03dtb-7d5c-4074-8ef6-03df04a8cf66.jpg CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: August 23, 2016 Re: Music for Miracles Event Please note the "asks" related to the event. The organizers are asking for waiver of fees for business licences related to refreshment vehicles and for relief of the Noise By-law to allow amplified music until 11 :00 p.m. RECOMMENDATION: For the Consideration of Council A Great City ... For Generations To Come Dean Iorfida From: jbauer3 jbauer3 <jbauer3@bell.net> Sent: Friday, August 12, 2016 11:22 AM To: Dean Iorfida Subject: RE: Music for Miracles Event September 17th Hello Dean. It was nice seeing you as well and thank you for all your assistance in helping us organize this event. In terms of the meeting on the 23rd; although I, my wife Patti and our son, Eric will be there, Patti is the chief organizer so she will be speaking. With respect to your message: On Saturday, September 17th, the Bauer family of Niagara Falls. along with their friends and family. are hosting an outdoor music festival at Fireman's Park. This is a charitable event where all proceeds will benefit the oncology research program at the Hospital for Sick Children. Specifically, the monies will be directed to a numbered account established by the Bauer family in memory of their daughter Miranda who passed away from an aggressive form of cancer. The fund is simply known as "Remember Miranda." To date, the Bauer family has raised over $80,000 for this fund through other events such as trivia nights. Miranda, herself. began these fundraising activities in the summer of 2012, raising over $10,000 in one evening. Miranda was an ambassador for SickKids and is a recipient of many citations for these fundraising activities. There are many resources available online that documents her strong spirit while dealing with a horrible disease. Her family continues to build on Miranda's work. This festival will be held during childhood cancer awareness month and will precede the Terry Fox Run. Entrance to the park will be by donation only where people can enjoy local talent such as Rick Rose and Cory Crusie, shop at various kiosks and enjoy meals provided by food trucks and a barbeque pit while contributing to the work of an outstanding world class institution. In that regard. the following are the issues we would like to address: Noise Bylaw: We are requesting an extension beyond the 9 PM shut down to 11 PM, mainly for the bands that are performing. There are approximately eight bands, of different genres. performing during the day. Rick Rose, who is one of the performers. will be providing the stage lighting. There are no large sound systems. All bands have their own equipment just sufficient enough for persons in the park to hear the music — much like the musical acts in Spinglicious. Lighting: Scott Pellow informs us that there is sufficient lighting within the park. And. as I mentioned, Rick Rose will also be supplying lighting equipment. Food Trucks: There is one local company (La Cucina) providing the food trucks at the event. Also. a barbeque pit will be provided by another local company (Family of 3 Catering). They have been involved in other similar festivals and are well acquainted with health requirements. We have submitted the appropriate documentation to the Regional Health Department to ensure there are no other issues. We are also looking into getting some EMS support from the Region as well. We have messaged the Region on that as well. We would request that City Council waive any licensing fees associated with food trucks and retail vendors. Parking: Fireman's Park has two lots: we don't want to use the lower lot. but may have to. Our question is: Can people park on the street by the park without being ticketed? Recycling and Garbage Collection: We have five large recycling bins coming in from the Region and I believe Scott Pellow will take care of the garbage collection. We have some volunteers coming in to assist. Firefighters will also be present at the event. Original Message From: Dean Iorfida <diorfida!a)niagarafalls.ca> Date: August 12, 2016 at 10:19 AM Hi John: Good seeing you yesterday and I look forward to assisting you make this worthy event a success. Your email below is actually a good starting point for what I would need as far as "asks" to City Council. I have added some lines in bold below and if you resend it to me with those incorporated, that would serve my purposes for the next Council (Aug. 23rd) agenda, which I will be finalizing next week. Also, who will be speaking at the Council meeting on the 23rd? Thanks Dean From: jbauer3 jbauer3 [mailto:jbauer3©bell.net] Sent: Thursday, August 11, 2016 10:49 PM To: Dean Iorfida Cc: Franco Piscitelli Subject: Music for Miracles Event September 17th Dean and Franco: Thank you for meeting with me this morning about our event at Fireman's Park. With respect to the issues discussed: 1 suggest a one paragraph description of the event/cause/date preceding the information below: 2 Proclamation for Childhood Cancer Awareness Month WHEREAS each year in Canada the equivalent of over twenty (20) elementary school busloads of children are diagnosed with cancer before their 20th birthday, at an average of five years of age: and WHEREAS cancer is the second leading cause of death for Canadian children age 1-14, second only to accidents; and WHEREAS in addition to mortality rates. lifelong side effects as a result of decades old treatments cause childhood cancer survivors to suffer greatly from impaired neurocognitive function, kidney failure, blindness, hearing loss, increased odds of developing a secondary cancer and a seven times greater risk of cardiac death due to heart disease; and WHEREAS childhood cancer places a tremendous financial burden on young families; and WHEREAS increased awareness and research have improved 5 year survival to 82%, however. many types of childhood cancers still have zero chance for survival; and WHEREAS annually, September is officially recognized as Childhood Cancer Awareness Month by the Province of Ontario; and WHEREAS the on-going awareness efforts and fundraising. of local families such as the Bauers, and non-profit groups such as Help a Child Smile and BoxRun, are to be applauded, encouraged and supported. THEREFORE. I, Jim Diodati. Mayor of the City of Niagara Falls. do hereby proclaim the month of September 2016 to be "Childhood Cancer Awareness Month" in the City of Niagara Falls and encourage all citizens to learn more about how they can make a positive impact on the lives of children with cancer. MUNICIPAL PROPERTY ASSESSMENT CORPORATION Delivering the 2016 Assessment Update Niagara Falls City Council Lynne Cunningham August 23, 2016 Account Manager Municipal & Stakeholder Relations PROPERTY ASSESSMENT & PROPERTY TAXES The Ontario Property Taxpayer The Municipal Property Assessment Corporation determines Current Value Assessments and classifications for all properties in Ontario. The Provincial Government passes legislation, sets assessment policies and determines education tax rates. The Province also operates an independent assessment appeal tribunal — the Assessment Review Board (ARB). Municipalities determine revenue requirements, set municipal tax rates and collect property taxes to pay for your municipal services. A In 0 0 F'()IIC€ and 111E I)lotecfiorr Roads, sidewalks public transit Waste nr3nagenfent Parks & leisure facilities ONTARIO'S ASSESSMENT CYCLE 2016 2017-2020 Tax Years January 1, 2016 (valuation date) 2016 ASSESSMENT UPDATE 2012 ASSESSMENT UPDATE 2012 Roll Delivery 2016 ASSESSMENT UPDATE mi Ii. Early and frequent engagement with constituents 20 t, 2016 20 6 Roll Delivery DATA COLLECTION & PREPARATION er Ai " reviews ttqi0t)S 3, cuntr S i%41 ic ues 1 s, Data Touch Points Zone 2 Total 525,121 17,222 for Niagara Falls TRANSPARENCY AND SHARED UNDERSTANDING Level 1 - Methodology Guides Comprehensive guides that explain assessment methodology. Level 2 — Market Valuation Reports Comprehensive reports that explain how assessment methodology was applied at the sector level to value properties for the 2016 Assessment Update Level 3 — Property Specific Valuation Information Detailed information that is available through secure -access only BENEFIT'S OF ADVANCED DISCLOSURE Benefits for municipalities: ✓ Improved roll predictability and stability ✓ Improved risk analysis ✓ No surprises ✓ Opportunity to provide feedback Benefits for property taxpayers: ✓ Increased satisfaction and confidence ✓ Easy access to property information ✓ No surprises ✓ Opportunity to provide feedback 2016 PROPERTY ASSESSMENT NOTICES Residential property owners will receive their Property Assessment Notices starting August 2, 2016 Farm Property Assessment Notices will be mailed October 11 Multi -Residential and Business Notices will be mailed October 18 THE NEW ASSESSMENTS WILL SERVE AS THE BASIS FOR (:AI,.Ctn.._ATING PROPERTY TAXES FOR 2017 - 2020 2016 ASSESSMENT UPDATE The Residential Experience 2016 PROPERTY ASSESSMENT NOTICE 1111111'"""''''''111111 MPAC's odeted vaioo tat your pwporty, $228,000 Property Assessment Notice r I his Properly riesteAnioni NOWA hoe Nalco paean issr yryil Ai • Porn, Wooer Ati Ala rl IN. Action is Forioinve CONTACT U5 1 rico pio WAS [b t I liv 13,, HIcA:ors elites winvetioulrnweopenoca About Propert Now does PAPA( assess my property Have questions about your woromentt About My Property. Ottawa's property asseament system a C L01,104•11.-uk 0 rpac MI i.;3f,;O t'Fi ,. f' fl i Y ESSMENT NOTICE Municipal -specific Issue Date 111111111111111345667890111111IIII III JA(K;��N aN11-'4 ,1.:IL) i_ilvIil 2i)u MAIN `--,TkEE 1 UNIT SDOU 1] Rook ANYWHERE ON M4K 1B3 Issue Date: April 4, 2016 Property Assessment Notice For the 2017 to 2020 property taxation years 01 OP PP SSESSMENT NOTICE MPAC's updated value of your property is $228,000 Account Information: Roll Nurnbei 12 14 567 899 12345 1234 AboutMyProperty"A Access Key Your property's location ,Ind description Municipality 3chuol support ABCD EFG1 HJK2 900 Dynes Rd. PLAN169 BLK 1 PT L014 Assessment overview: MPAC's assessed value of your property as of January 1, 2016 MPAC's assessed value of your property as of January 1, 2012 Between 2012 and 2016, your property's assessed value changed by Ottawa (ity English Public $228,000 $162,000 $66,000 0 you disagree with MPAC's assessment of classification, you can filed Request for Reconsideration and [V1PAC will review your assessment. How will my municipality use MPAC's property assessment? Under the phase ill provision in the Assessnreat 4(1, an increase in assessed value is introduced gradually. A decred,e ui assessed value will be introduced immediately. the January 1, 2016 dsses;ed value dl d rlassihcanorr of your property will be used is the basis for calculating your 201/ to 2020 property taxes as illustrated below. This Property Assessment Notice has important information for you as a property owner. Please review it and file it away for your records. No action is required unless you disagree with your assessment. > 2016 Assessed Value i- Assessment Overview • Assessed Value as of January 1, 2016 • Assessed Value as of January 1, 2012 • Change between 2012 and 2016 Property Classification: Tax Year 2016 )U1 ?01t _1)1') 2020 r?r Si ilr!i', I:fl Assessed Value 5162,000 1 !L5. dti 11 -,riti 5228,000 SMENT NOTICE Request for Reconsideration Deadline August 1, 2016 March 31, 2018 March 31, 2019 March 31, 2020 lit Ir,11rr 11101< ,111011`. H 'U, 1( p(Opt,I Ty W,I' d•,tir,;rrt •,t'e• the 111i01 Tld n011 on page tW0 Of Oil', NOM t- Irr Hunt' ttet)ue,t tor K-'ron,iderdtton proce,s, market ttenitti u! yrrur-..nr,,. Inuperty .111[7 l:rxdn��n, visit www.aboutmyproperty.ca. 1 866 296-MPAC (6722) TTY 1 877 889-MPAC (6722) Monday to Friday 8 a.m. to 5 p.m. If you have accessibility needs, please call us for assistance. www.a boutmyproperty.ca About Property Contact information Key information • Property Classification • Phase in Assessed Values (2017-2020 tax years) • RfR Deadline (by tax year) How does MPAC assess my property? Roll Number: Property summary: Property type Property rntor n ration building — exterior square footage Year of (olnstrULnull 12 34 507 399 12345 1234 Ingle Family Dwelling Frontage 34.11 teet Depth- 150.00 teet I_ot area: K.100.00 square teet 1,053 square teet 1974 E SMENT NOTICE For residential properties, there are five major factors that generally account tor 85% of your property vvalue. rocatiun Lot dimensions Living area Age of the property, adjusted tor any major renovations or additions 41I,111 duality of constr uetion to establish ynur property"s assessed vraiue. MPA analyzes property sales 111 your area. This method, called Current Value Assessment is used by most assessment rutisdictions in North America. MPAC's assessments and data are also used by banks insurarice companies acid the real estate industry. Property Details How does MPAC assess my property? V Five major factors affecting residential values Have questions about your assessment? About Property. -ca ASSESSMENT NOTICE Log on to AboutMyProperty`" to learn more... Visit www.ahoutmypropetty.ca to leaf n more about how your property was assessed, see the itorrnation we have on tile, as well as compare it to others ire your neighbourhood ',tin net vure about your property's assessed value? You Iiave Olt option to file d Request for Reconsideration. Your deadline to file a Request for Reconsideration is on page one of this Notice. Log :Air to www.aboutniyproperty.ca with your Roll Number and Access Key. These are found on page one of this Notice. Still have questions? Were here to help. Contact us and one of our property assessment experts will help guide you through your Notice. Have a question about your property taxes? [ ontact your municipality tor assistance. Have questions about your assessment? ✓ Login to AboutMyPropertyT`" ASSESSMENT NOTICE Ontario's property assessment system The Municipal mpac Property Assessment Corporation Circ -r ilt?e- Cu(- tit V dile Assesstrnent.-, dud class,tirations t:ir all litOpeI tie', it+ 1 Antarlu The Provincial Government pdsse<_ iegislatlor�. 5et5 asse5srnent pull(( � anti dere( mine, rdticd ii)ll idx ratr5 The PDuvinLe al5ts ulcerates an ndepenclrntas,e,0rrieiiv appeal tibunal tier Review beard IAHt+). The Ontario Property Taxpayer Municipalities determine revenue req uitements, set municipal tax rates arid collect property taxes to pay for you' municipal service. These services may include: Police and tire proteraion Waste management /A\ Roads, sidewalks and public transit Parks and leisure facilities Description of Ontario's property assessment system CHANGES TO FILING A REVIEW (BILL 144) " U1•1 Property Assessment Notice Residential property owners have 120 days from the Issue Date of their Property Assessment Notice to file a Request for Reconsideration (RfR) The RfR deadline for Niagara Falls is November 30th 2016 The issue Date and RfR deadline are included on the Notice The early delivery of Assessment Notices and a 120 -day RfR deadline will allow RfRs to be processed before Assessment Rolls are sent to municipalities — greater stability and accuracy HOW CAN I LEARN MORE ABOUT MY ASSESSMENT? MUNICIPAL PROPERTY ASSESSMENT CORPORATION ABOUTMYPROPERTY.CA 1 r N MUHL 2% _ogin to AboutMyProperty UseiID Pa„wo,a Logm Through AboiutMyProerty property owners can: ✓ Access information on how their property was assessed ✓ Compare their assessment to others in their community Learn more about property values through Market Trends (available before login) Login information is included on every Notice mailed. RESOLVING ASSESSMENT CONCERNS STEP 1: Ask yourself: "could I have sold my property for the About assessed value on January 1, 2016?" Propert .Cr STEP 2: Visit aboutmyproperty.ca to review the informatior MPAC has on file for your property. STEP 3: Contact MPAC STEP 4: File a Request for Reconsideration STEP 5: File an appeal with the Assessment Review Board MOnline: aboutmyproperty.ca )H CONTACT MPAC We are here to help. Contact MPAC with any questions you may have regarding your property assessment. CALL our Customer Contact Centre 1 866 296-MPAC (6722) 1 877-889-MPAC (6722) TTY ONLINE at mpac.ca V?ST a local field office WRITE to P.C.Q. Box 9808, Toronto ON MIS 5T9 FAX 1 866 297 6703 If you have accessibility needs, please let us know how we can best accommodate you MUNICIPAL AND STAKEHOLDER OUTREACH AND ENGAGEMENT MUNICIPAL PROPERTY ASSESSMENT CORPORATION MUNICIPAL CONNECT"' Redesigned Municipal ConnectTM launching April 4 Increased transparency Improved stability and predictability in the municipal tax base Modern and flexible way to access assessment information Access to 2016 base year values (2017-2020 tax years) Support municipal understanding of assessed values Early consultation/discussion for greater roll stability Insight into assessment at risk pi MUNICIPAL •••• .CONNECT••:.. CtiloCiaIn1.11TV3 F•kof"sih4 I i P!ti{,lrNIWPF `J`Is1Li ri�rc t"f Pro 7f�r7 Ki r Vrwy R „r1•rw Your L nr1r Know More About It. K�►tavv Mt )1 AhtIt. Your b'Vatertront Hoy 11 fr. Aseessnwnu. Krow, Wye About Yo Your New Built Home ntir Assessno,qv. Know More About tt. • MUNICIPAL TOOLKIT To support municipalities in their communication efforts regarding the 2016 province -wide Assessment Update, MPAC has prepared a fully customizable toolkit that includes: • Contact information for Municipal and Stakeholder Relations representatives • Key Messages and Frequently Asked Questions • Information regarding changes to Property Assessment Notices and Notice Mailing Dates Changes regarding Requests for Reconsideration Written Material for Print or Web Social Media Materials • Highlights on AboutMyProperty and Municipal Connect • Links/references to other resources including: • MPAC's full suite of brochures (links to mpac.ca) • Videos (will be housed on MPAC's YouTube Channel) • Buckslip for insertion in municipal tax bills (editable) PRELIMINARY MARKET TRENDS MUNICIPAL PROPERTY ASSESSMENT CORPORATION NEW FOR 2016 — MARKET TRENDS • Maps showing residential assessment change and typical residential values across Ontario municipalities • Located in the Market Trends area on aboutmyproperty.ca • Through aboutmyproperty.ca and proactive media relations PI_ ACE- Learn CE Market learn more about the market trends in your neighbourhood through MarketSnapshot. Trus report provides into, matron on residential sale prices [rends ur ne1gnbournoods and municipalities across Ontario ASSESSMENT CHANGES 2016 TO 2017 Preliminary median percentage change in assessed value from 2016 to 2017 Niagara Region Niagara Falls Overall Residential 3_4% 4.0% Single Family Residential 3.4% 4.1% Condominium 2.7% 2. 1 % Preliminary median percentage change in assessed value from 2016 to 2017 TYPICAL ASSESSED VALUES Niagara Falls The change in assessed value between base valuation years (2012 to 2016) Change in value since 2012 2016 CVA Single Family Residential +$34,000 $241,000 Condominium +$13,000 $159,000 The change in assessed value between base valuation years (2012 to 2016) QUESTIONS? pac MUNICIPAL PROPERTY ASSESSMENT CORPORATION 08/18/2016 City of Niagara Falls Water Dashboard Online Access to Water Accounts I s� 4 4v + g�Ty What is the Water Dashboard? Gives customers the opportunity to view water account information online through a portal on the City website. Dashboard MyCity Dashboard womom,a„oo 1 08/18/2016 How to Sign Up Customers must create an account on the City of Niagara Falls dashboard website using an email address and password IT yci oasnnoa. Create your Profile How to Sign Up Once the Water Bill dashboard account is Wafe,Bill Examples created the customer can add their specific water account(s) Water Eh" Detaa by filling in . . .. .,. .. information from their water bill Saw IMnn%mn helm la Mem Solemn 2 08/18/2016 What The Dashboard Offers Customers Can: Water Account Number Report a meter reading Mailing Address Meter Address Sign up for E-Billing See information on signing up for Equal Payment and Pre- authorized Payment ESUrtuk yan water IA Sign up Po E.t3irg sgn up for Pre prmgrzee Plans " ts aepce a meter reading Equal Brg Plan Deters Tenants can notify the City of their move out date • Estimate their water bill What The Dashboard Offers Water Account Number Customers Can: See real time account balances Download a copy of a bill „ m See current and -- previous meter reading and billing history 1=1 = 3 08/18/2016 What The Dashboard Offers Customers Can: Num=2:=1•=11 mnz=no k See live transaction history by year N1E 5 54 6 'IVC: What The Dashboard Offers c."„.v.wce Customers Can: See a graph of consumption history year over year since - conversion I . ts. 4 08/18/2016 What The Dashboard Offers Water Account Details • Customers Can: Water Account Number See customer Mailing Address Meter Address specific important dates SYS.p pr I rel ti W♦,•"hJMt.V i S- S-ertf Cu to it Account Balance i . ve. •vre BDate re,•.B oma. .c. tiK Additional Information • Staff have the ability to log into "impersonation mode" which allows them to see exactly what the customer is seeing to help the customer navigate through the website If a customer owns multiple properties they can add each property to their dashboard Tenants have the ability to add their water account to the dashboard If a property changes ownership the customer only has access to account information up to the closing date 5 08/18/2016 Dashboard Launch Plan July- August 2016 ► Website went live on Monday July 11 , 2016 Targeted all e-bill customers with information on how to sign up included on their e-bill (Approximately 1000 customers) ► Information on City website as to how to sign up started July 1 1 to ► Water staff are promoting the dashboard through telephone inquiries Dashboard Launch Plan September- Onwards Target all paper bill customers during next billing cycle Starting September 1 5, 2016 with the cycle 1 bills Advertise through newspaper ads, social media, etc. Continued Communication 6 08/18/2016 Dashboard Creation ► Created by staff over a time period of 2 months. ► Involved staff from Finance and Information Systems ► Fully-accessible and mobile friendly ► There were no fees or costs associated to creating the dashboard Dashboard Future Plans Discussion with other departments on how they can take advantage of the dashboard 08/18/2016 Questions or Comments? 8 MW-2016-38 Niagararalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-38 New Water By-Law and Policy Update RECOMMENDATION That Council approve the proposed policy and procedure changes outlined in this report and direct staff to include the appropriate provisions in the next update of the City's Water By-Law. EXECUTIVE SUMMARY Staff wishes to advance the recommendations from its recent Water Balance Study and Water System Audit needed to strengthen, clarify and support Council's commitment to provide a reliable and dependable water distribution system. Changes to the by-law are needed to ensure the consistent application of best practices and provide staff with the authority to operate within the framework of the approved text. BACKGROUND At its meeting on November 10th, 2015, City Council received a presentation from Municipal Works staff outlining a number of initiatives undertaken by City staff to identify sources of non-revenue water consumption. As part of this review changes to the existing Water By-Law are needed to provide formal authority to implement and correct certain situations that threaten the sustainability of the system. ANALYSIS/RATIONALE The existing By-law developed in 2007 has received a number of minor amendments that reflect incremental adjustment to rates, fees and policy changes. A more comprehensive approach has been taken to incorporate more progressive initiatives. In addition to some updated definitions the new by-law will include provisions for: • A process to estimate and to recover lost revenue for properties with illegal connections or by-passes (text change) • Requests by owners to change size of water meters August 23, 2016 - 2 - MW-2016-38 • Condominium and multi-building meter requirements • Authority to access to meters by municipal staff (text change) • Sewer Diversion Relief program • Fire hydrant use/billing process • Water meter testing process FINANCE AND LEGAL IMPLICATIONS The proposed changes will assist the municipality in recovering costs related to the operation and sustainability of its water distribution system. CITY'S STRATEGIC COMMITMENT The recommendations included in this report are consistent with Council's strategic priority to continually monitor the efficiency and effectiveness of the City's operations. LIST OF ATTACHMENTS 1. Water Meter Change of Size Request Process 2. Master Metering Plans Condominiums/Commercial Multi Units 3. Sewer Diversion Relief 4. Hydrant Access 5. Meter Testing A I Recommended by: tt Geoff Holman, Crectorpf Municipal Works Respectfully submitted: :1" Ken Todd, C; ief Admi istrative Officer Sue Wheeler Department Division Municipal Works Environmental Services Subject Water Meter Change of Size Policy# `iagaraf-alts Request Process Issue Date Revision Date July 2016 l Policy ❑ Procedure Page Page 1 of 1 Purpose To accommodate requests of property owners to change the size of their existing water meters. Procedure Should an individual or company wish to change the size of an existing water meter, the following steps will be taken to review the request: 1. A written application will be submitted by the owner to the City, stating the nature of the request and the supporting documentation if required. 2. An Engineer's stamped drawing may be required to process the application 3. Staff will circulate the request to Building, Fire and Engineering Departments or others as required. 4. If approved, staff will notify the requester of the approval and the necessary steps to take. 5. A new meter must be purchased from the City, at the owner's expense. 6. The owner will return the old meter to the City for readings and billing purposes. No refund is given on the returned meter 7. The owner will notify the City of the installation date for inspection and reading purposes 8. Should the owner fail to follow through on any of the process, they will be subject to penalties or other actions. 9. If the application is not approved, the owner will be advised of the rationale to deny the application. The owner will continue with the current meter. All decisions will be final and binding. 10.Upon request for meter removal - readings will be provided to Finance for billing purposes if fees have not been waived. Director Date Submitted by CAO Date Recommended by Report# Bylaw# Date ❑ Approved by Council DATE: N1agaraljalIs Application to Request Size Change - Existing Water Meter O Name S Name W Address I Address N City, Prov T City. Prov E Postal Code Phone: E Postal Code Phone: R e-mail: eimail Non-Residential? Residential 7 Non-Residential Type Existing Meter Size to REQUESTED SIZE FOR REVIEW (i.e. Hotel,Restaurant,Apartment) Please list any Fire Protection Equipment that would be impacted by this change, ie., standpipe systems,sprinkler systems,etc 'Please identify if this property is covered by an existing site plan and provide details if necessary NOTE: It is important that you read the following and indicate that you sign prior to processing this application: All aspects of meter use in this application are governed by City of Niagara Falls By-Law 2007-161 as amended. 1 The City may require an Engineer Stamped Drawing, copies of Site Plans or a Site Inspection to ensure an accurate review of specifications 2 If approved,the owner must purchase the new meter from the City and install the meter at the owners cost 3 If approved,after new meter installation,you must book an appointment with City staff to inspect,seal and remote the new meter 4 If approved, the old meter must be returned to 3200 Stanley Avenue, Environmental Services (items 3 S.4 are for meter reading,and billing purposes) 5 If approved, failure to follow steps 3. &4. within 30 daysmay result in water bill refusal rates being applied to the property 6 If approved,the City can only determine suitability based on Fire requirements and/or the functionality of the meter. Any concerns or problems with volume of water for your operational needs is solely the owners responsibility. 7 Altering the size of the meter may affect functionality which cannot be guaranteed by the City and will be the owners responsibility agree to the above. 'please pnnt.name) Signed by Owner/Agent DATE FOR OFFICE USE ONLY Circultation: Comments APPROVED: Fire: yes no Building yes no Engineering yes no Other: yes no Final Approval Manager of Environmental Services yes no Department Dro,s,an Municipal Works Environmental Services Subject Master Metering Plans pokytt \iagara all.c Condominiums/Commercial Multi Units `slue Date RevisQn Date December 2015 0 Policy El Procedure Page Page 1 of 2 Purpose: To outline meter requirements condominium/multiple building site metering. Procedure: 1. During site plan approval process, Municipal Works will require a metering plan from developers as it relates to residential condominium plans or commercial plans for malls, strip malls or industrial malls with multiple units. 2. Metering plans will be based on the use of several options: i. Master meter pit for entire project— no individual meters used ii. Master meter pit for common areas combined with individual meters for individual units iii. Identification of dedicated fire lines — meters to monitor flow only may be required 3. Metering plans will be subject to approval by the Director of Municipal Works or their designate as to location of meters, size of meters, location of curb stops, valves and size of meter pits. 4. Should the owner require a water service with only a master meter pit for the development, fixed charges on the water bill may be able to be negotiated to reflect the size of the meter. For example, should the master meter fixed charge be higher than the combined fixed charges of what it would be for all internal individual meters (excluding master meter), the lower rate may be able to be applied. Approval is dependent upon information submitted with the master metering plan and other relevant factors specific to the site that will affect placement or size of meters. 5. In addition to the master meter, if individual meters from separate water service(s) be required, all individual meters must have functioning, accessible curb stops for each service line/unit as specified (see diagram). Curb stops, placed on private property must be accessible to the City of Niagara Falls or their agent at all times. Failed, Dtrnctor Date Submitted by CAO Date Recommended by Reports; ,3vlawlt Date 0 Approved by Council Department Division Municipal Works Environmental Services Subject Master Metering Plans Policy# \iagararea Is Condominiums/Commercial Multi Units Issue Date Revision Date December 2015 l Policy ❑Procedure Page Page 2 of 2 broken, frozen or inoperative curb stops are the responsibility of the owner of the development, and must be repaired within 4 weeks of notification by the City. 6. Failure to repair inoperative individual curb stops on private property, or failure to permit access for meter inspection on vertical condominium developments following notification (registered mail), will result in the reluctant rate being applied to the master line. 7. Municipal staff will only be able to attend to shut off individual private curb stops for arrears purposes, as it is the control to the individual meter. They will not attend for shut off requests for repairs. Director Date Submitted by CAO Date Recommended by Report# Bylaw# Date Approved by Council Department Division Municipal Works Environmental Services Subject Policy# \iagaraj-'rrlls Sewer Diversion Relief Issue Date Revision Date August 2016 ❑x Policy 0 Procedure Page Page 1 of 2 Purpose To outline the policy and process for Industrial, Commercial and Institutional properties that apply for a reimbursement of the portion of their water bill related to sewer consumption. Applicant Eligibility - Facility shall have separate sanitary and storm sewer systems. Including weeping tile and roof leaders being disconnected from the sanitary sewer. - Non separated systems will require an additional and separate letter, requesting waiver of the eligibility requirements. Approval is at the discretion of the Director and may require the submission of further information. - Effluent quality shall be subject to the Niagara Region Sewer Use By-Law, and their attendant rules, limitations or fees. - A minimum of 25% of the purchased potable water must be diverted away from the sanitary sewer in order to be eligible. - Requests must be received no later than March 1st of the year following the requested year. - Application must be submitted on City issued form with all supporting documentation - Consumption used for recreation or irrigation purposes is not deemed eligible. - Current water accounts must be in good standing Fees and General Information If approved, relief will be granted on the sewer diversion portion of water used for production and diverted from the sanitary sewer. No relief shall be granted on the fixed charges. The company will continue to pay the full sewer charges and submit a yearly water audit. If a facility has a separate City owned/billed water meter that supplies product manufacturing only and no water is diverted to the sanitary sewer, then no sewer costs will be applied, neither the fixed or consumption rate. An annual application fee may be required at the time of application. The City shall have the right to inspect the facility prior to final approval. Applications may be suspended or denied based on findings of the inspection. Director Date Submitted by CAO Date Recommended by Report# Bylaw# Date ❑ Approved by Council Department Division ,, f,- Municipal Works Environmental Services ".•; '''_ Subject Policy# NiagaraJ-'I1y Sewer Diversion Relief Issue Date Revision Date August 2016 ll Policy ElProcedure Page Page 2 of 2 This policy only applies to Industrial, Commercial and Institutional sector as approved by the Director of Municipal Works or their agent. Application Process The rebate request form shall be received on or before March 1st, the following documents and information must accompany the City issued form. Each application will be reviewed by the City, the City has the right to request 3rd party independent verification of the application. This cost shall borne by the applicant. - Copies of the water bill from the previous year for each meter where water is being sent to process and away from the sanitary sewer. These figures should be reference data for the information provided on the form. - A detailed engineering report identifying: o Total amount of water purchased from the City for the rebate period o Description of the process and/or products that are instrumental in water diversion from the sanitary sewer. Descriptions shall include professionally accepted equations and referenced in the report. The report accompanying the City issued form may be prepared in any format; however it must provide sufficient detail to allow City staff to analyze each water source and effluent discharge process. All calculations must clearly reference industry accepted equations and formulae. Also, equations must reference the water bills that have been submitted for the request period. Equations shall reference production records for water that is captured or used by product. Weekly or monthly meter breakdown will be accepted based on volume of production. The City will also accept readings from a calibrated sanitary sewer flow monitor owned by the company. Proof of calibration as per manufacturer specifications would be required with annual submission. This method shall be noted on the City issued form Director Date Submitted by CAO Date Recommended by Report# Bylaw# Date ❑ Approved by Council Department Divisor ,,,,//��- Municipal Works Environmental Services _= Xitr Subject _.. Policy# _ Hydrant Access `iagara a Is issue Date Revision Date July 2016 Page El Policy ® Procedure Page 1 of 2 Purpose: Request for Hydrant Access — Construction, Capital Projects & Special Events Procedure: For Construction and Capital Projects: 1. Determine if the water used is for a current City funded Capital Project (check with a Supervisor on location details, etc.) 2. If it is for a capital project, they are to buy water on the bulk water station fill up, with account set up or swipe cards. 3. If it is not for a capital project, have applicant fill out the loaned meter waiver. 4. Data is tracked on spread sheet of meter in use, location, etc. 5. A work order is created for the Supervisor in the data base 6. Work Order is forwarded to Supervisor so they may ensure: a. Meter installed & meter reading taken for consumption purposes b. Back flow preventer is on hydrant c. Fire Department is advised of specific hydrant in use d. Site is secured Supervisor will coordinate installation and inspect meter to ensure protected from freezing if necessary and that site is secured When job is completed, information will be provided to the Record Clerk for appropriate billing of consumption. For Special Events: The same policy and procedure as above applies. Organizers may make application and sign waiver on the use of equipment to access hydrants. All process apply, however the applicant may make a request to City Council to waive consumption fees. Director Date Submitted by CAO Date Recommended by Report# Bylaw* Date E Approved by Council Department Division /r..^//�� Municipal Works Environmental Services / / Subject _ - Policy /./j/�/ Hydrant Access lag a r aj 4i I Is issue Date Revision Date July 2016 Page ❑ Policy ® Procedure Page 2 of 2 Sample Waiver: Date: Loaned Hydrant Meter Agreement The City of Niagara Falls will not be responsible for the meter once it is in your possession until its return. By signing this waiver, the undersigned agrees to return the meter in the same condition in which it has been received. Normal wear and tear is not considered, however in case of loss or damage to the meter, fittings and back flow preventer, the undersigned agrees to reimburse the City of Niagara Falls for current costs to repair or replace equipment loaned. Should the hydrant or any other municipal infrastructure or appurtenances are damaged during this process the undersigned will be responsible for full replacement costs including materials, labour, and overhead. A meter reading will be taken at the time of installation and at the time of removal. The undersigned will be billed at the current water usage rate. Contact Name: Phone: Billing Information: Date of Issue: Start Read: Signature: Department Division Municipal Works Environmental Services Subject Policy k Meter Testing Ni aga r'a aI Isj Issue Date Revision Date July 2016 Page Policy ZI Procedure Page 1 of 1 Purpose: To outline the procedure to have water meters tested Procedure: 1. Based on request of individual or internal request 2. Deposit fee as outlined in fee schedule is to be obtained from customer first 3. Meter is to be replaced with new meter 4. Appropriate meter reads are taken from old meter and new meter, readings are forwarded to Finance for billing purposes 5. Meter is sent by courier to city of Welland, (5/8 —2") to perform independent meter test. 6. Larger meters may require in field testing 7. Contact meter supplier(Evans Supply) who will provide information on in field meter testing 8. If meter has failed —deposit will be returned to requester and new meter installed. 9. If meter is accurate (within acceptable standards per by-law) balance of cost will be billed to requester, and original meter re-installed. 10. Financial considerations on high consumption will be forwarded to Finance Department for consideration. 11. All processes to be accurately logged in data base. 7irector Date Submitted by :,\O )ate Recommended by Reports; Bylawk Date Approved by Council 73 m 13 0 X F-2016-30 Niagarafalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2016-30 Monthly Tax Receivables Report— June ruin-I _ 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 June 30, 2016 were $21.5 million compared to $22.8 million in 2015. During June, tax receivables as a percentage of taxes billed decreased from 35.8% in 2015 to 34.2% in 2016. The City's finance staff has had continued success in resolving properties that are subject to registration for 2016. At this stage, 82.2% of properties have developed payment arrangements or have paid in full. There are currently twenty 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 2016 improved during the month of June. Table 1 shows that taxes outstanding at June 30, 2016 are $21.5 million. This represents a decrease from $22.8 million in arrears for the same period in 2015. 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 , 2 F-2016-30 August 23, 2016 2016, 399 properties were subject to registration. Table 3 summarizes the progress of these actions after six months of activity. This table shows 82.2% of the tax accounts or 328 properties have been paid in full or the owners have made suitable payment arrangements. During June, nineteen accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 78.4% (May) to 82.2% (June). 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 June, one registered property was redeemed. The outstanding taxes for registered properties represents 1.2% 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 June 30, 2016 is 34.2% which is a decrease from 2015's value of 35.8%. 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 June 30, 2016 Table 2 Taxes Receivable by Property Class at June 30, 2016 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: ti Todd Harrison, . ctor of Fina ce C'(- L Respectfully submitte ,A4) en Todd, C ief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at June 30,2016 2016 2015 Outstanding Taxes @ May 31, 2016 $ 21,021,441 $ 21,951,788 Taxes Billed and Due June 30, 2016 $ 24,974,338 $ 24,560,987 Penalty charged in June $ 196,691 $ 211,210 Taxes Collected during June $ 24,735,838 $ 23,883,997 Outstanding Taxes @ June 30, 2016 $ 21,456,632 $ 22,839,988 Taxes Billed and Due September 30, 2016 $ 24,974,337 $ 24,560,986 Taxes Past to be Collected $ 46,430,969 $ 47,400,974 TABLE 2 Taxes Receivable by Property Class as at June 30,2016 2016 %of Class 2015 %of Class Taxes Owing Taxes Owing Residential $ 39,352,986 8416% $ 38,950,296 82.17% Multi-Residential $ 266,970 0.57% $ 210,505 0.44% Commercial $ 6,153,476 13.25% $ 7,456,670 15.73% Industrial $ 529,580 1.14% $ 668,204 1.41% Farmlands $ 127,957 0.28% $ 115,299 0.24% Total Receivables $ 46,430,969 100.00% $ 47,400,974 100.00% TABLE 3 Properties Properties Subject to Subject to ok Registration Registration as at May 31, 2016 as at June 30, 2016 Initial Amount 399 399 Paid in Full 79 98 24.6% Payment Arrangements 234 230 57.6% Ongoing Collection 86 71 17.8% Action Registered 0 0 0.0% 399 399 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount November 2016 4 $ 42,693 May 217 16 $ 507,483 Totals 20 $ 550,176 F-2016-31 Niagarapflls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2016-31 Monthly Tax Receivables Report — July 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 July 31 , 2016 were $16.5 million compared to $19.0 million in 2015. During July, tax receivables as a percentage of taxes billed decreased from 32.9% in 2015 to 30.6% in 2016. The City's finance staff has had continued success in resolving properties that are subject to registration for 2016. At this stage, 85.4% of properties have developed payment arrangements or have paid in full. There are currently sixteen 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 2016 improved during the month of July. Table 1 shows that taxes outstanding at July 31, 2016 are $16.5 million. This represents a decrease from $19.0 million in arrears for the same period in 2015. 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, 2 F-2016-31 August 23, 2016 2016, 399 properties were subject to registration. Table 3 summarizes the progress of these actions after seven months of activity. This table shows 85.4% of the tax accounts or 341 properties have been paid in full or the owners have made suitable payment arrangements. During July, nine accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 82.2% (Jun) to 85.4% (Jul). 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 July, four registered properties were redeemed. The outstanding taxes for registered properties represents 0.66% 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 July 31, 2016 is 30.6% which is a decrease from 2015's value of 32.9%. 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 July 31, 2016 Table 2 Taxes Receivable by Property Class at July 31, 2016 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Todd Harrison Director of Finance Respectfully submitted: I L1A4/+j Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at July 31,2016 2016 2015 Outstanding Taxes @ June 30, 2016 $ 21,456,632 $ 22,839,988 Penalty charged in July $ 170,891 $ 196,034 Taxes Collected during July $ 5,130,582 $ 4,072,234 Outstanding Taxes @ July 31, 2016 $ 16,496,941 $ 18,963,788 Taxes Billed and Due September 30, 2016 $ 24,974,337 $ 24,560,986 Taxes Past to be Collected $ 41,471,278 $ 43,524,774 TABLE 2 Taxes Receivable by Property Class as at July 31,2016 2016 %of Class 2015 %of Class Taxes Owing Taxes Owing Residential $ 35,524,367 85.66% $ 35,574,416 81.73% Multi-Residential $ 230,286 0.56% $ 216,850 0.50% Commercial $ 5,067,802 12.22% $ 6,947,405 15.96% Industrial $ 532,805 1.28% $ 679,261 1.56% Farmlands $ 116,018 0.28% $ 106,842 0.25% Total Receivables $ 41,471,278 100.00% $ 43,524,774 100.00% TABLE 3 Properties Properties Subject to Subject to 0/0 Registration Registration as at June 30, 2016 as at July 31, 2016 Initial Amount 399 399 Paid in Full 98 107 26.8% Payment Arrangements 230 234 58.6% Ongoing Collection 71 58 14.5% Action Registered 0 0 0.0% 399 399 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount November 2016 3 $ 23,777 May 217 13 $ 249,445 Totals 16 $ 273,221 F-2016-32 Niagaraaalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2016-32 Municipal Accounts 1\.1 t 11/ RECOMMENDATION That Council approve the municipal accounts totaling $21,278,312.61 for the period June 23, 2016 to August 3, 2016. 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. OA 4.17 ) lt Recommended by: v 't "r—4 Todd Harris n, Dire• or .f Finance i ik., Uri Respectfully submitte : Ken Todd, Chief Administrative Officer Page 1 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 101 DELIVERY 396033 06-Jul-2016 MATERIALS 113.00 1149948 ONTARIO LIMITED 395810 29-Jun-2016 REFUND 67,984.58 1238838 ONTARIO LIMITED 395811 29-Jun-2016 REFUND 2,636.78 1340258 ONTARIO INC 395812 29-Jun-2016 REFUND 61 01 1340258 ONTARIO INC 396221 13-Jul-2016 REFUND 77.00 1556045 ONTARIO INC 395813 29-Jun-2016 REFUND 1.850.89 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATIr 396034 06-Jul-2016 CONTRACT SERVICES 141.25 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 396655 28-Jul-2016 CONTRACT SERVICES 943.27 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATIF 395814 29-Jun-2016 CONTRACT SERVICES(WRAP2016-( 2,393.34 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATIP 396868 03-Aug-2016 CONTRACT SERVICES 2,831.28 1671318 ONTARIO LTD 395815 29-Jun-2016 REFUND 894.71 1686541 ONTARIO INC 395816 29-Jun-2016 REFUND 601.18 1692695 ONTARIO LTD 395817 29-Jun-2016 REFUND 2,015.19 1712093 ONTARIO LTD 396441 20-Jul-2016 REFUND 4,039.61 1712093 ONTARIO LTD 396222 13-Jul-2016 REFUND 5,847.76 1736104 ONTARIO INC 395818 29-Jun-2016 REFUND 105.40 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 396656 28-Jul-2016 STORES/INVENTORY 17.25 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 395819 29-Jun-2016 STORES/INVENTORY 23.00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 396035 06-Jul-2016 STORES/INVENTORY 23.00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 396869 03-Aug-2016 STORES/INVENTORY 23.00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 396223 13-Jul-2016 STORES/INVENTORY 25.00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 396442 20-Jul-2016 STORES/INVENTORY 30.00 1931055 ONTARIO LIMITED 395820 29-Jun-2016 REFUND 936.06 2 GUY'S GLASS INC 396036 06-Jul-2016 MATERIALS 785.26 2030688 ONTARIO LTD 396657 28-Jul-2016 LEASES AND RENTS 9,284.45 2075790 ONTARIO INC 395821 29-Jun-2016 REFUND 8,817.18 2095527 ONTARIO LTD 396658 28-Jul-2016 LEASES AND RENTS 1,423.80 2263264 ONTARIO INC 395822 29-Jun-2016 REFUND 707.28 2276587 ONTARIO LIMITED 395823 29-Jun-2016 REFUND 3,495.31 2284114 ONTARIO INC 395824 29-Jun-2016 REFUND 719.29 2284981 ONTARIO INC 395825 29-Jun-2016 REFUND 4,671.00 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 396659 28-Jul-2016 VEH ID#650/327/43/48/45/52/46/19/47 160.46 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 395826 29-Jun-2016 CONTRACT SERVICES 900.61 2510747 ONTARIO LIMITED 396870 03-Aug-2016 CONTRACT SERVICES 2,966.57 283 PERFORMING ARTS COMPANY 396224 13-Jul-2016 SERVICES 600.00 374685 ONTARIO LIMITED 395827 29-Jun-2016 REFUND 562.76 396101 ONTARIO LIMITED 395828 29-Jun-2016 REFUND 4,892.23 407 ETR EXPRESS TOLL ROUTE 396871 03-Aug-2016 MATERIALS 182.18 471791 ONTARIO INC LAPENNA 396037 06-Jul-2016 REFUND 1,724.08 581858 ONTARIO LTD 395829 29-Jun-2016 REFUND 1,454.32 603755 ONTARIO INC 395830 29-Jun-2016 REFUND 1,389.69 788894 ONTARIO LIMITED 395831 29-Jun-2016 REFUND 6.204.87 800460 ONTARIO LTD.0/A FRUITBELT DEVELOPMENT 396443 20-Jul-2016 REFUND 45.41 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 395832 29-Jun-2016 MATERIALS 274.03 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 396225 13-Jul-2016 MATERIALS 1,525.50 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 396038 06-Jul-2016 MATERIALS 1,547.54 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 396444 20-Jul-2016 MATERIALS 4,892.90 984265 ONTARIO LTD o/a CIRCLE P PAVING 396446 20-Jul-2016 CONTRACT SERVICES 16,172.76 984265 ONTARIO LTD o/a CIRCLE P PAVING 396445 20-Jul-2016 CONTRACT SERVICES 45,129.00 A E TRAFFIC TECHNOLOGIES 396227 13-Jul-2016 MATERIALS 536.75 A&A EXHAUST SYSTEMS 396039 06-Jul-2016 CONTRACT SERVICES 519.69 A&A EXHAUST SYSTEMS 396447 20-Jul-2016 CONTRACT SERVICES 957.80 A.J.STONE COMPANY LTD. US WIRE 3-Aug-2016 MATERIALS 450,724.23 AAA BIGGAR'S LOCKSMITH&SECURITY 396660 28-Jul-2016 MATERIALS 186.45 AAA STEAM CARPET CLEANING 396872 03-Aug-2016 MATERIALS 271.30 ABBOTT 396873 03-Aug-2016 MATERIALS 237.87 ABBRUSCATO,PINA 395833 29-Jun-2016 REFUND 800.81 ABBS,CATHERINE 396448 20-Jul-2016 REFUND 45.75 ABLE PRINTING INC 396449 20-Jul-2016 MATERIALS 158.20 ACAPULCO POOLS 396874 03-Aug-2016 MATERIALS 31,414.00 ACCESSIBIL-IT 396450 20-Jul-2016 MATERIALS 339.00 ACCOUNTANT OF SUPERIOR COURT OF JUSTICE 396661 28-Jul-2016 SURPLUS FUNDS ROLL 105,523.59 ACCU LOCK AND SECURITY 396662 28-Jul-2016 MATERIALS 15.26 ACCU LOCK AND SECURITY 396875 03-Aug-2016 MATERIALS 322.05 ADAMS,KRISTINE 396451 20-Jul-2016 REFUND 171.47 ADEWUMI,AYO 396452 20-Jul-2016 TRAVEL/MILEAGE 130.14 ADMOR INDUSTRIAL DOCK&DOOR SYSTEMS INC. 396876 03-Aug-2016 CONTRACT SERVICES . 3,696 23 ADVANCE TOWING 396041 06-Jul-2016 VEH ID#68 242.95 ADVANCE TOWING 396663 28-Jul-2016 CONTRACT SERVICES 378.55 ADVANCE TOWING 396877 03-Aug-2016 VEH ID#683 531.10 ADVANCE TOWING 396226 13-Jul-2016 CONTRACT SERVICES 881.40 ADVANCE TOWING 396453 20-Jul-2016 VEH ID#561 1,017.00 AFFILIATED CUSTOMS BROKERS LTD 396042 06-Jul-2016 SERVICES 53.34 Page 2 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount AFFILIATED CUSTOMS BROKERS LTD 396228 13-Jul-2016 SERVICES 118.56 AFFILIATED CUSTOMS BROKERS LTD 395834 29-Jun-2016 SERVICES 146.25 AFFILIATED CUSTOMS BROKERS LTD 396878 03-Aug-2016 CONTRACT SERVICES 195.35 AGRO ZAFFIRO LLP 396043 06-Jul-2016 CONTRACT SERVICES-BUTERA 5,240.29 AIR CARE SERVICES 396664 28-Jul-2016 CONTRACT SERVICES 745.80 AIR CARE SERVICES 396879 03-Aug-2016 MATERIALS 2.514.05 AJ STONE COMPANY LTD 396880 03-Aug-2016 MATERIALS 20.98 AJ STONE COMPANY LTD 396454 20-Jul-2016 MATERIALS 1,123.45 AJ STONE COMPANY LTD 395835 29-Jun-2016 MATERIALS 1,432.49 AJ STONE COMPANY LTD 396229 13-Jul-2016 MATERIALS 3,732.39 AJ STONE COMPANY LTD 396665 28-Jul-2016 MATERIALS 6,092.96 ALBANESE,LORI 396230 13-Jul-2016 TRAVEL/MILEAGE 136.08 ALFIDOME CONSTRUCTION 395836 29-Jun-2016 CONTRACT SERVICES 8,451.00 ALFIDOME CONSTRUCTION 396045 06-Jul-2016 CONTRACT SERVICES 42,925.89 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 396666 28-Jul-2016 MATERIALS 97 63 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 396455 20-Jul-2016 MATERIALS 122.96 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 396046 06-Jul-2016 MATERIALS 264.42 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 396231 13-Jul-2016 MATERIALS 300.77 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 396881 03-Aug-2016 MATERIALS 386.46 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 395837 29-Jun-2016 MATERIALS 1,663.28 ALLIED MEDICAL INSTRUMENTS INC 396456 20-Jul-2016 MATERIALS 290.97 ALVARADO,JUAN PABLO&ALDANA,VARENKA 396232 13-Jul-2016 REFUND 159.52 AMALGAMATED TRANSIT UNION#1582 00026-0001 24-Jun-2016 PAYROLL REMITTANCE 4,373.67 AMALGAMATED TRANSIT UNION#1582 00032-0001 1-Aug-2016 PAYROLL REMITTANCE 4,406.24 AMALGAMATED TRANSIT UNION#1582 00028-0001 1-July-2016 PAYROLL REMITTANCE 4,434.15 AMALGAMATED TRANSIT UNION#1582 00030-0001 18-July-2016 PAYROLL REMITTANCE 4.500.46 AMBEAU,MARK 396457 20-Jul-2016 REFUND 65.48 AMEC FOSTER WHEELER ENVIRONMENT&INFRASTRUCTURE 396458 20-Jul-2016 CONTRACT SERVICES 1,249.78 AMEC FOSTER WHEELER ENVIRONMENT&INFRASTRUCTURE 396882 03-Aug-2016 CONSULTING SERVICES 2,644.21 ANDERS,CHRIS 396459 20-Jul-2016 TRAVEL/MILEAGE 236.95 ANDERSONS CEMETERY CONTRACTING LTD 395838 29-Jun-2016 CONTRACT SERVICES 7,034.25 ANDERSONS CEMETERY CONTRACTING LTD 396047 06-Jul-2016 CONTRACT SERVICES 29,617.30 ANDRE,MARTA MARQUES&ROUBOS,BRENT JOHN CARL 396048 06-Jul-2016 REFUND 750.00 ANGLE,BETH 396233 13-Jul-2016 TRAVEL/MILEAGE 164.70 ANTHONY,MATT 396235 13-Jul-2016 SERVICES 150.00 ANTHONY'S EXCAVATING CENTRAL INC 395839 29-Jun-2016 CONTRACT SERVICES 16,650.55 ANTHONY'S EXCAVATING CENTRAL INC 396667 28-Jul-2016 CONTRACT SERVICES 17,176.00 ANTHONY'S EXCAVATING CENTRAL INC 396234 13-Jul-2016 CONTRACT SERVICES 24,368.45 ANTHONY'S EXCAVATING CENTRAL INC 396049 06-Jul-2016 CONTRACT SERVICES 36,499.00 ANTONIO,BREANNA 395840 29-Jun-2016 TRAINING 236.19 ANTORISA INVESTMENTS LTD 395841 29-Jun-2016 REFUND 2,328.43 ARCHER TRUCK SERVICES LTD 396668 28-Jul-2016 MATERIALS 487.66 ARCHER TRUCK SERVICES LTD 396460 20-Jul-2016 VEH ID#87 1,145.06 ARCTIC GLACIER CANADA INC. 396669 28-Jul-2016 MATERIALS 216.00 ARDEL INVESTMENTS LIMITED 395842 29-Jun-2016 REFUND 10.646.81 ARIVA 396883 03-Aug-2016 MATERIALS 77.70 ARIVA 396050 06-Jul-2016 MATERIALS 1,063.10 ARIVA 395843 29-Jun-2016 MATERIALS 1,485.74 ARIVA 396670 28-Jul-2016 SUPPLIES 1,532.88 ARMENTI,GIUSEPPINO&ARMENTI,LUCIA 395844 29-Jun-2016 REFUND 722.50 ARTISTA DESIGN&PRINT INC 396671 28-Jul-2016 MATERIALS 33.90 ARTISTA DESIGN&PRINT INC 396884 03-Aug-2016 MATERIALS 39.55 ARTISTA DESIGN&PRINT INC 396051 06-Jul-2016 MATERIALS 163.85 ARTISTA DESIGN&PRINT INC 395845 29-Jun-2016 MATERIALS 573.25 ARTISTA DESIGN&PRINT INC 396237 13-Jul-2016 MATERIALS 5,378.69 ASSOCIATED ENGINEERING(ONT)LTD 396052 06-Jul-2016 CONSULTING SERVICES 4,362 37 AUTOMATION DEVICES CANADA LIMITED 396238 13-Jul-2016 VEH ID#76 445.84 AVONDALE STORES LTD, 395846 29-Jun-2016 REFUND 2,281 85 B&B LIFT TRUCK SERVICE 396243 13-Jul-2016 CONTRACT SERVICES 662.84 B&B LIFT TRUCK SERVICE 396056 06-Jul-2016 VEH ID#413 1,620.19 B&B LIFT TRUCK SERVICE 396464 20-Jul-2016 CONTRACT SERVICES 2,094.47 B&C TRUCK CENTRE 396058 06-Jul-2016 VEH ID#685&686 65.85 BAGLIERI,JONATHAN 396461 20-Jul-2016 MATERIALS 142.37 BAILEY,MICHAEL&BAILEY.LYNDA 396240 13-Jul-2016 REFUND 215.51 BAKER 396672 28-Jul-2016 STORES/INVENTORY 139.15 BAKER 396053 06-Jul-2016 STORES/INVENTORY 167.56 BAKER 396462 20-Jul-2016 STORES/INVENTORY 335.68 BAKER 396885 03-Aug-2016 STORES/INVENTORY 726.97 BAKER 395847 29-Jun-2016 STORES/INVENTORY 770.22 BAKER 396241 13-Jul-2016 STORES/INVENTORY 881.98 BAKKER,JANET 396886 03-Aug-2016 REFUND 935.00 BANK OF MONTREAL 396242 13-Jul-2016 REFUND 309.26 BANK OF MONTREAL 396463 20-Jul-2016 REFUND 698.89 BANK OF NOVA SCOTIA 396054 06-Jul-2016 REFUND 1.290 61 Page 3 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BASARA,GEORGE&SHAHRYAR,SHOLEH 395848 29-Jun-2016 REFUND 336.40 BATTLEFIELD EQUIPMENT RENTALS 396055 06-Jul-2016 MATERIALS 1,739.07 BATTLEFIELD EQUIPMENT RENTALS 396887 03-Aug-2016 MATERIALS 2,024.35 BATTLEFIELD EQUIPMENT RENTALS 396673 28-Jul-2016 MATERIALS 4,740.97 BATTLEFIELD EQUIPMENT RENTALS 395849 29-Jun-2016 LEASES AND RENTS 6,828.06 BCR ELECTRIC LIMTED 396057 06-Jul-2016 MATERIALS 564.33 BEAMAN,KEN 396465 20-Jul-2016 MATERIALS 72.44 BEATTIE,FRANCINE 396466 20-Jul-2016 REFUND 159.21 BEATTIES BASICS 396244 13-Jul-2016 MATERIALS 345.14 BEAUDIN,WILLIAM 395850 29-Jun-2016 REFUND 283.49 BEAUPARLANT,TIMOTHY ROBERT 396059 06-Jul-2016 REFUND 128.48 BEEKEEPERS'ASSOCIATION OF REGIONAL NIAGARA 395851 29-Jun-2016 CONTRACT SERVICES 188.48 BELL CANADA 396246 13-Jul-2016 SERVICES 63.96 BELL CANADA 395852 29-Jun-2016 SERVICES 85.32 BELL CANADA 395807 24-Jun-2016 SERVICES 738.11 BELL CANADA 396675 28-Jul-2016 SERVICES 743.75 BELL CANADA 396674 28-Jul-2016 CLAIM REIMBURSEMENT 1,819.49 BELL CANADA 395853 29-Jun-2016 REFUND 2,358.16 BELL CANADA-PUBLIC ACCESS 396247 13-Jul-2016 SERVICES 169.50 BELL CANADA-PUBLIC ACCESS 396888 03-Aug-2016 SERVICES 169.50 BELL MOBILITY INC. 396676 28-Jul-2016 SERVICES 11,404.34 BELLAMY,DAN 396245 13-Jul-2016 MATERIALS 150.00 BELME,DAVE 396677 28-Jul-2016 MATERIALS 175.00 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 396678 28-Jul-2016 MATERIALS 529.85 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 395854 29-Jun-2016 MATERIALS 1,128.62 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 396889 03-Aug-2016 VEH ID#239 1,537 56 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 396248 13-Jul-2016 MATERIALS 41,912.39 BENNETT,CATHARINE 396249 13-Jul-2016 TRAVEL/MILEAGE 60.00 BERNAT,CLARK 396890 03-Aug-2016 MATERIALS 235.32 BERRY,GERALD&FRANCES 395855 29-Jun-2016 REFUND 1,684.41 BERTIE PRINTERS LIMITED 396060 06-Jul-2016 MATERIALS 709.64 BERTRAND,JOANNE 396250 13-Jul-2016 REFUND 50.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 396891 03-Aug-2016 MATERIALS 214.47 BICKLE MAIN INDUSTRIAL SUPPLY INC 396468 20-Jul-2016 MATERIALS 296.38 BICKLE MAIN INDUSTRIAL SUPPLY INC 395856 29-Jun-2016 MATERIALS 474.04 BILODEAU,MATHEW 396251 13-Jul-2016 TRAVEL/MILEAGE 135.54 BLACK&MCDONALD LTD 396469 20-Jul-2016 CONTRACT SERVICES 1,052.58 BLENDTEK FINE INGREDIENTS 396252 13-Jul-2016 MATERIALS 4,800.24 BOB ROBINSON&SON CONSTRUCTION 396062 06-Jul-2016 CONTRACT SERVICES 1,531.77 BOB ROBINSON&SON CONSTRUCTION 396679 28-Jul-2016 CONTRACT SERVICES 5,034.15 BOB ROBINSON&SON CONSTRUCTION 396893 03-Aug-2016 CONTRACT SERVICES 5,599.15 BOBCAT OF HAMILTON LTD 396061 06-Jul-2016 VEH ID#221 160.25 BOBCAT OF HAMILTON LTD 395857 29-Jun-2016 VEH ID#220 171.06 BOBCAT OF HAMILTON LTD 396892 03-Aug-2016 VEH ID#219 110,966.00 BOIVIN,SUZANNE 396680 28-Jul-2016 REFUND 7.53 BOIVIN,SUZANNE 396865 28-Jul-2016 REFUND 148.01 BOLDT POOLS LTD 396063 06-Jul-2016 REFUND 750.00 BOLDT POOLS LTD 396253 13-Jul-2016 REFUND 750.00 BONAVOLTA,LORRAINE 396254 13-Jul-2016 REFUND 264.14 BOYD,DANIEL ALLAN 395858 29-Jun-2016 REFUND 500.00 BOYS&GIRLS CLUB OF NIAGARA 396681 28-Jul-2016 GRANT 16,500.00 BRADSHAW,DOREEN&BRADSHAW,ALBERT 396470 20-Jul-2016 REFUND 109.22 BRAND BLVD INC 396682 28-Jul-2016 MATERIALS 235.04 BRAND BLVD INC 396255 13-Jul-2016 MATERIALS 1,517.59 BRAND BLVD INC 396471 20-Jul-2016 MATERIALS 2,266.90 BRAND BLVD INC 395859 29-Jun-2016 MATERIALS 3,615 94 BRENNAN PAVING LTD. 395860 29-Jun-2016 CONTRACT SERVICES 60.665.59 BRIDEAU,DAVE 396683 28-Jul-2016 MATERIALS 150.00 BRINKS CANADA LTD 396684 28-Jul-2016 CONTRACT SERVICES 2,641.67 BRL REALTY LIMITED 395861 29-Jun-2016 REFUND 3.297 83 BROCK AUTOMOTIVE 396685 28-Jul-2016 MATERIALS 373.54 BROCK FORD 396472 20-Jul-2016 MATERIALS 433.06 BROCK FORD 395862 29-Jun-2016 STORES/INVENTORY 716.53 BROCK FORD 396894 03-Aug-2016 VEH ID#323 1,647 23 BROCK UNIVERSITY 395863 29-Jun-2016 REFUND 591.64 BROCK UNIVERSITY 396473 20-Jul-2016 TRAINING 4,520.00 BROWN,PAUL 396256 13-Jul-2016 TRAVEUMILEAGE 280.80 BRUCE,MICHELLE 396257 13-Jul-2016 SERVICES 250.00 BRUNNING,MARGARET 396474 20-Jul-2016 SERVICES 65.00 BUIST LANDSCAPING INC. 396895 03-Aug-2016 CONTRACT SERVICES 1,320.69 BUIST LANDSCAPING INC. 396688 28-Jul-2016 CONTRACT SERVICES 6,413.11 BUOI.CHAU THI 396476 20-Jul-2016 REFUND 66.80 BURKE EMPLOYMENT SOLUTIONS 395864 29-Jun-2016 MATERIALS 169.50 BURKE EMPLOYMENT SOLUTIONS 396689 28-Jul-2016 SERVICES 361.60 Page 4 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BUTERA,ALDO,TRUSTEE 395865 29-Jun-2016 REFUND 2,013.61 BUTYNIEC,DAVE 396896 03-Aug-2016 TRAVEL/MILEAGE 72.36 C.M EQUIPMENT ONTARIO INC 396486 20-Jul-2016 VEH ID#404 315.94 CALDWELL.RAY 396064 06-Jul-2016 SERVICES 100.00 CALE SYSTEMS INC 396065 06-Jul-2016 MATERIALS 374.35 CALE SYSTEMS INC 396258 13-Jul-2016 MATERIALS 542.40 CALE SYSTEMS INC 396477 20-Jul-2016 MATERIALS 1,158.25 CALE SYSTEMS INC 396690 28-Jul-2016 CONTRACT SERVICES 1,209.10 CALE SYSTEMS INC 396897 03-Aug-2016 MATERIALS 2,193 55 CAMPIGOTTO,PAUL 396691 28-Jul-2016 TRAVEL/MILEAGE 84.78 CAN AM INSTRUMENTS LTD 396066 06-Jul-2016 MATERIALS 2.350.85 CANADA POST CORPORATION 00032-0002 1-Aug-2016 MATERIALS 640.94 CANADA POST CORPORATION 395869 29-Jun-2016 REFUND 2,685.03 CANADA POST CORPORATION 00031-0001 1-Aug-2016 MATERIALS 4,774.61 CANADA POST CORPORATION 00028-0002 1-July-2016 MATERIALS 34,980.43 CANADA TRUST COMPANY THE 395870 29-Jun-2016 REFUND 3,673.49 CANADIAN DOOR DOCTOR 396898 03-Aug-2016 CONTRACT SERVICES 276.85 CANADIAN DOOR DOCTOR 396479 20-Jul-2016 MATERIALS 531.10 CANADIAN DOOR DOCTOR 396067 06-Jul-2016 CONTRACT SERVICES 587.60 CANADIAN DOOR DOCTOR 396259 13-Jul-2016 MATERIALS 706.25 CANADIAN DOOR DOCTOR 396693 28-Jul-2016 MATERIALS 1,485.95 CANADIAN LINEN&UNIFORM 396480 20-Jul-2016 CONTRACT SERVICES 90.16 CANADIAN LINEN&UNIFORM 396694 28-Jul-2016 CONTRACT SERVICES 94.40 CANADIAN LINEN&UNIFORM 396260 13-Jul-2016 CONTRACT SERVICES 107.31 CANADIAN LINEN&UNIFORM 396899 03-Aug-2016 CONTRACT SERVICES 418.65 CANADIAN LINEN&UNIFORM 395867 29-Jun-2016 CONTRACT SERVICES 517.03 CANADIAN LINEN&UNIFORM 396068 06-Jul-2016 CONTRACT SERVICES 845.96 CANADIAN NATIONAL RAILWAY 396695 28-Jul-2016 CONTRACT SERVICES 3,625.50 CANADIAN PACIFIC RAILWAY CO 396696 28-Jul-2016 CONTRACT SERVICES 1,141.50 CANADIAN PORTABLE SERVICES 396901 03-Aug-2016 MATERIALS 2,157.17 CANADIAN PORTABLE SERVICES 396261 13-Jul-2016 CONTRACT SERVICES 3,179.01 CANADIAN PRINTING RESOURCES 396069 06-Jul-2016 MATERIALS 4,237.50 CANADIAN RED CROSS 396902 03-Aug-2016 MATERIALS 438.17 CANADIAN SAFETY EQUIPMENT INC 396481 20-Jul-2016 MATERIALS 8,278.38 CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE 395866 29-Jun-2016 CONTRACT SERVICES 571.67 CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE 396692 28-Jul-2016 MATERIALS 2,914.16 CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE 396478 20-Jul-2016 MATERIALS 3,088 18 CANON CANADA INC 396900 03-Aug-2016 LEASES AND RENTS 677.08 CANON CANADA INC 395868 29-Jun-2016 LEASES AND RENTS 694.37 CANTEC SECURITY SERVICES INC 396697 28-Jul-2016 CONTRACT SERVICES 13,857.98 CARQUEST 395871 29-Jun-2016 STORES/INVENTORY 42.38 CARQUEST 396482 20-Jul-2016 MATERIALS 54.00 CARQUEST 396698 28-Jul-2016 MATERIALS 78.64 CARR MCLEAN 396699 28-JuI-2016 SUPPLIES 276.12 CARRICK,MARZENNA 396070 06-Jul-2016 PETTY CASH 352.35 CARRIER TRUCK CENTRES INC 396903 03-Aug-2016 VEH ID#538 81.16 CARTER,PAUL 396262 13-Jul-2016 MATERIALS 40.00 CASTLE MECHANICAL 396263 13-Jul-2016 MATERIALS 4,020.32 CATARACT COLLISION CENTRE 396264 13-Jul-2016 VEH ID#671 1,928.91 CATARACT HOCKEY PROGRAM ACC'T 396483 20-Jul-2016 ADVERTISING 275.00 CBM N.A.INC 396904 03-Aug-2016 STORES/INVENTORY 134.38 CBM N.A.INC 396700 28-Jul-2016 STORES/INVENTORY 521.31 CENTENNIAL INFRASTRUCTURE INC 396701 28-Jul-2016 CONTRACT SERVICES 43,508.29 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 396073 06-Jul-2016 REFUND 71.39 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 395872 29-Jun-2016 REFUND 640.92 CENTRAL COMMUNICATIONS 396072 06-Jul-2016 CONTRACT SERVICES 485.90 CENTRE COURT CAFE 396074 06-JuI-2016 MATERIALS 984.96 CERVUS EQUIPMENT 396905 03-Aug-2016 VEH ID#476 317.12 CH2M HILL CANADA LTD 396075 06-JuI-2016 CONSULTING SERVICES 25,846.92 CHAPTER 2 BLASTING 395873 29-Jun-2016 CONTRACT SERVICES 452.00 CHARLES JONES INDUSTRIAL LTD 396703 28-JuI-2016 STORES/INVENTORY 193.48 CHARLES JONES INDUSTRIAL LTD 395874 29-Jun-2016 STORES/INVENTORY 227.40 CHARLES JONES INDUSTRIAL LTD 396484 20-JuI-2016 STORES/INVENTORY 942.64 CHARLES JONES INDUSTRIAL LTD 396266 13-JuI-2016 STORES/INVENTORY 1,091.23 CHARLES JONES INDUSTRIAL LTD 396076 06-JuI-2016 STORES/INVENTORY 1,685.51 CHARLES JONES INDUSTRIAL LTD 396906 03-Aug-2016 STORES/INVENTORY 2,695.04 CHEROPITA,COREY 396704 28-JuI-2016 MATERIALS 175.00 CHIEFS HEAVY TRUCK COLLISION 396907 03-Aug-2016 VEH ID#572 36,263.51 CHO,YOUNG CHEOL 396267 13-JuI-2016 REFUND 1,628.83 CIAVATTONE,PIETRO 395875 29-Jun-2016 REFUND 2,694.37 CIBC RETAIL OPERATIONS 396077 06-JuI-2016 REFUND 196.51 CIMA CANADA INC 396078 06-JuI-2016 CONSULTING SERVICES 84,263.97 CIMCO REFRIGERATION 396908 03-Aug-2016 CONTRACT SERVICES 9,839.75 CINEPLEX ENTERTAINMENT LLP 395876 29-Jun-2016 REFUND 1,250.00 Page 5 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount CITRIX SYSTEMS INC US DRAFT 12-Jul-2016 MATERIALS 9,435.65 CITY VIEW BUS SALES&SERVICE LTD. 396909 03-Aug-2016 STORES/INVENTORY 2,788.67 CITY VIEW BUS SALES&SERVICE LTD. 396705 28-Jul-2016 STORES/INVENTORY 3,578 56 CITY VIEW BUS SALES&SERVICE LTD. 396485 20-Jul-2016 STORES/INVENTORY 3,739.37 CJ GLOBAL INVESTMENT LTD 00029-0001 11-July-2016 LEASES AND RENTS 7,967.64 CLAYDON,JEFF 396079 06-Jul-2016 TRAVEL/MILEAGE 208.44 CLIFTON HILL BIA 396910 03-Aug-2016 2016 BIA LEVY 12,500.00 CLOCKWORK SYSTEMS INC 396080 06-Jul-2016 CONTRACT SERVICES 2,945.91 C-MAX FIRE SOLUTIONS 396911 03-Aug-2016 VEH ID#571 829.80 C-MAX FIRE SOLUTIONS 396081 06-Jul-2016 VEH ID#536 1,391.04 CODE 4 FIRE&RESCUE INC 395877 29-Jun-2016 MATERIALS 16,944.35 COGECO CABLE CANADA LP 395878 29-Jun-2016 SERVICES 847.50 COLLINS CONCESSIONS LTD 396706 28-Jul-2016 MATERIALS 540.00 COMMERCIAL CLEANING SERVICES 396707 28-Jul-2016 CONTRACT SERVICES 1,265.60 COMMISSIONAIRES 396708 28-Jul-2016 MATERIALS 17,470.12 COMMISSIONAIRES 396268 13-Jul-2016 CONTRACT SERVICES 17,933.74 COMMISSIONAIRES 395879 29-Jun-2016 CONTRACT SERVICES 20,747.65 CONSEIL SCOLAIRE VIAMONDE 00028-0003 1-July-2016 REMITTANCE 78,541.34 CORLIS,FRANK 396709 28-Jul-2016 REFUND 750.00 CRAITOR,KIM 396269 13-Jul-2016 SERVICES 120.08 CRAWFORD&COMPANY(CANADA)INC 396710 28-Jul-2016 CONTRACT SERVICES 385.00 CRAWFORD&COMPANY(CANADA)INC 395880 29-Jun-2016 CONTRACT SERVICES 418.00 CRAWFORD&COMPANY(CANADA)INC 396082 06-Jul-2016 CONTRACT SERVICES 1,419.00 CRAWFORD SMITH&SWALLOW 396711 28-Jul-2016 CONTRACT SERVICES 32,092.00 CREWS,PERRY 396712 28-Jul-2016 REFUND 192.96 CRS CONTRACTORS RENTAL SUPPLY 396271 13-Jul-2016 CONTRACT SERVICES 514.15 CRUISE,CORY 396487 20-Jul-2016 SERVICES 100.00 CULLIGAN NIAGARA WATER TECH INC. 396488 20-Jul-2016 MATERIALS 448.61 CUMMINS EASTERN CANADA LP 396272 13-Jul-2016 STORES/INVENTORY 518.76 CUMMINS EASTERN CANADA LP 396912 03-Aug-2016 STORES/INVENTORY 733.03 CUMMINS EASTERN CANADA LP 396083 06-Jul-2016 MATERIALS 9,197.28 CUMMINS-ALLISON ULC 395881 29-Jun-2016 MATERIALS 367.25 COPE LOCAL 133 00026-0002 24-Jun-2016 PAYROLL REMITTANCE 9,985.70 CUPE LOCAL 133 00028-0004 1-July-2016 PAYROLL REMITTANCE 10,045.00 CUPE LOCAL 133 00030-0002 18-July-2016 PAYROLL REMITTANCE 10,173.89 CUPE LOCAL 133 00032-0003 1-Aug-2016 PAYROLL REMITTANCE 10,504.85 CUPOLO,BENJAMIN JAY 396489 20-Jul-2016 REFUND 165.02 D K TECHNICAL SERVICES INC 396723 28-Jul-2016 CONTRACT SERVICES 556.46 D K TECHNICAL SERVICES INC 396495 20-Jul-2016 CONTRACT SERVICES 745.24 D K TECHNICAL SERVICES INC 396275 13-Jul-2016 MATERIALS 1,024.12 D'AGOSTINO,FRANCESCO&D'AGOSTINO,ANGELA 396084 06-Jul-2016 REFUND 1,440.80 DA-LEE DUST CONTROL 395882 29-Jun-2016 MATERIALS 21,363.84 DAMARIO,TONY 395883 29-Jun-2016 TRAVEL/MILEAGE 219.63 D'AMICO,ANNA MARIA 396490 20-Jul-2016 REFUND 25.00 DANYAAL ENTERPRISES LTD 395884 29-Jun-2016 REFUND 868.38 DARK,TRENT 396713 28-Jul-2016 MATERIALS 91.52 DAVIDSON ENVIRONMENTAL 396714 28-Jul-2016 CONTRACT SERVICES 31.64 DELLA MARCA,EDWARD 396913 03-Aug-2016 MATERIALS 150.00 DEMAR CONSTRUCTION INC. 396491 20-Jul-2016 CONTRACT SERVICES 23,741.10 DEMAR CONSTRUCTION INC. 396715 28-Jul-2016 CONTRACT SERVICES 29,595.26 DEMAR CONSTRUCTION INC. 396716 28-Jul-2016 CONTRACT SERVICES 117,074.59 DEMOL'S TIRE SALES&SERVICE 396717 28-Jul-2016 VEH ID#256 192.39 DEMOL'S TIRE SALES&SERVICE 396492 20-Jui-2016 VEH ID#237 743.43 DESIGN ELECTRONICS 396914 03-Aug-2016 MATERIALS 79.10 DESIGN ELECTRONICS 395885 29-Jun-2016 MATERIALS 1,026.41 DESIGN ELECTRONICS 396085 06-Jul-2016 CONTRACT SERVICES 12,487.86 DESJARDINS FINANCIAL SECURITY C/O AVISON YOUNG PROPEF 395886 29-Jun-2016 REFUND 23,366.63 DEVRON SALES LTD 396718 28-Jul-2016 MATERIALS 4,298.02 DFA INFRASTRUCTURE INTERNATIONAL INC 396719 28-Jul-2016 CONTRACT SERVICES 8,147.30 DGN MARKETING SERVICES LTD 396274 13-Jul-2016 MATERIALS 44,107.41 DICAN DIGITAL INSTRUMENTS CANADA INC 396720 28-Jul-2016 MATERIALS 237.30 DICAN DIGITAL INSTRUMENTS CANADA INC 396494 20-Jul-2016 VEH ID#53 561.27 DICAN DIGITAL INSTRUMENTS CANADA INC 396086 06-Jul-2016 VEH ID#304 1,056.30 DIGITAL POSTAGE ON CALL 395887 29-Jun-2016 MATERIALS 9.944.00 DILTS PISTON HYDRAULICS INC 396721 28-Jul-2016 MATERIALS 1,130.00 DIODATI,JIM 396722 28-Jul-2016 TRAVEL/MILEAGE 1,155.00 DIPIETRO,SALVATORE&DIPIETRO,MARY 395888 29-Jun-2016 REFUND 294.87 DISTRICT SCHOOL BOARD OF NIAGARA 00030-0003 18-July-2016 OVERPAYMENT 750.00 DJURIC.GORAN 396087 06-Jul-2016 TRAVEL/MILEAGE 264.60 DONKOR,KWAME 396276 13-Jul-2016 REFUND 245.96 DOSS HOMES CONSTRUCTION AND DEVELOPMENT CORP. 395889 29-Jun-2016 REFUND 799.81 DOWNTOWN BOARD OF MANAGEMENT 396916 03-Aug-2016 2016 BIA LEVY 105,000.00 DREN.KARL 396088 06-Jul-2016 TRAVEL/MILEAGE 184.74 DROLLIS SAFETY SUPPLY CO LTD 396496 20-Jul-2016 STORES/INVENTORY 476.63 Page 6 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount DUFFERIN CONCRETE 396277 13-Jul-2016 MATERIALS 366.12 DUFFERIN CONCRETE 396724 28-Jul-2016 MATERIALS 705.12 DULAT,DAVID 396497 20-Jul-2016 TRAVEL/MILEAGE 151 74 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 396278 13-Jul-2016 STORES/INVENTORY 247.52 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 395890 29-Jun-2016 MATERIALS 400 75 DUMONT SECURITY 396089 06-Jul-2016 CONTRACT SERVICES 145.77 DUMONT SECURITY 395891 29-Jun-2016 CONTRACT SERVICES 999 23 DUMONT SECURITY 396917 03-Aug-2016 CONTRACT SERVICES 999.23 E&R LAWN EQUIPMENT 395899 29-Jun-2016 MATERIALS 36.22 E&R LAWN EQUIPMENT 396093 06-Jul-2016 MATERIALS 38.40 E&R LAWN EQUIPMENT 396733 28-Jul-2016 MATERIALS 90.30 EASTLAND.MARI-LYNNE 395892 29-Jun-2016 MATERIALS 203.40 EATON,DOUG 396498 20-Jul-2016 MATERIALS 100.00 ECCO ELECTRIC LIMITED 396725 28-Jul-2016 CONTRACT SERVICES 4,720.10 ECONOPRINT 396500 20-Jul-2016 MATERIALS 615.85 ED LEARN FORD LINCOLN LTD 396918 03-Aug-2016 MATERIALS 208.28 ED LEARN FORD LINCOLN LTD 395893 29-Jun-2016 MATERIALS 18,203.95 ELIA,ANTONIO 395894 29-Jun-2016 REFUND 79.53 ELLIS ENGINEERING INC. 396726 28-Jul-2016 CONSULTING SERVICES 5,393.38 ELLIS ENGINEERING INC. 396919 03-Aug-2016 CONSULTING SERVICES 16,347.51 ELLIS ENGINEERING INC. 396279 13-Jul-2016 CONSULTING SERVICES 20,107.54 EMCO CORPORATION 396727 28-Jul-2016 STORES/INVENTORY 54 24 EMCO CORPORATION 396280 13-Jul-2016 MATERIALS 393.24 EMCO CORPORATION 396090 06-Jul-2016 MATERIALS 1,750.59 EMCO CORPORATION 396501 20-Jul-2016 MATERIALS 2,993 14 EMCO CORPORATION 395895 29-Jun-2016 STORES/INVENTORY 7,428 17 EMCO CORPORATION 396920 03-Aug-2016 MATERIALS 16,435.73 ENBRIDGE 395896 29-Jun-2016 UTILITIES 22.60 ENBRIDGE 396921 03-Aug-2016 UTILITIES 23.18 ENBRIDGE 396502 20-Jul-2016 UTILITIES 444.46 ENBRIDGE 396728 28-Jul-2016 UTILITIES 557.71 ENBRIDGE 396281 13-Jul-2016 UTILITIES 575.40 ENBRIDGE 396091 06-Jul-2016 UTILITIES 2,313.37 ENBRIDGE 396729 28-Jul-2016 UTILITIES 5,131.32 ENBRIDGE 395897 29-Jun-2016 UTILITIES 11,644.28 ENBRIDGE GAS DISTRIBUTION INC 396922 03-Aug-2016 SERVICES 1,469.00 ENSIGN ELECTRONIC ALARM SYSTEMS 396730 28-Jul-2016 CONTRACT SERVICES 1,239.30 E-QUIP RENTALS&REPAIRS INC 396731 28-Jul-2016 MATERIALS 37.63 E-QUIP RENTALS&REPAIRS INC 396092 06-Jul-2016 MATERIALS 41.08 E-QUIP RENTALS&REPAIRS INC 396504 20-Jul-2016 MATERIALS 48.75 E-QUIP RENTALS&REPAIRS INC 396924 03-Aug-2016 MATERIALS 169.36 E-QUIP RENTALS&REPAIRS INC 396282 13-Jul-2016 MATERIALS 286.02 EQUIPMENT SPECIALIST INC 396503 20-Jul-2016 VEH ID#476 435.05 EQUIPMENT SPECIALIST INC 396923 03-Aug-2016 VEH ID#475/476 2,281.82 EQUITY FOUR HOLDINGS INC 395898 29-Jun-2016 REFUND 10,702.38 ERISIS,OYA 396732 28-Jul-2016 REFUND 242.36 ERNST&YOUNG LLP 396283 13-Jul-2016 CONTRACT SERVICES 64.554.08 ESCARPMENT PROPERTIES LTD 395900 29-Jun-2016 REFUND 4,200.81 EVANGELISTI,LUIGI&EVANGELISTI,GUISEPPINA 396505 20-Jul-2016 REFUND 220.00 EVANOFF,VICTOR 396284 13-Jul-2016 TRAVEL/MILEAGE 190.00 EVANS SWEENY BORDIN LLP 396285 13-Jul-2016 CONTRACT SERVICES 2,847.60 EVANS UTILITY SUPPLY LTD 396286 13-Jul-2016 MATERIALS 8,167.06 EVANS UTILITY SUPPLY LTD 395901 29-Jun-2016 MATERIALS 12,521.64 EVOLUTION WINDOW FILMS LTD. 396925 03-Aug-2016 MATERIALS 4,407 00 EXP SERVICES INC 396926 03-Aug-2016 CONSULTING SERVICES 5,138.11 EXP SERVICES INC 396094 06-Jul-2016 CONSULTING SERVICES 5,608.19 FALLS ELECTRIC INC 396506 20-Jul-2016 CONTRACT SERVICES 152.55 FALLS ELECTRIC INC 395902 29-Jun-2016 CONTRACT SERVICES 1,357.03 FALLSVIEW BIA 396287 13-Jul-2016 MATERIALS 301.35 FALLSVIEW BIA 396927 03-Aug-2016 2016 BIA LEVY 375,000.00 FALLSWAY SUPPLY 395903 29-Jun-2016 MATERIALS 64.46 FALLSWAY SUPPLY 396095 06-Jul-2016 MATERIALS 280.47 FAST,DAVID JOHN 395904 29-Jun-2016 REFUND 956.58 FASTENAL CANADA LTD 396928 03-Aug-2016 MATERIALS 375.03 FASTENAL CANADA LTD 396096 06-Jul-2016 MATERIALS 530.61 FASTENAL CANADA LTD 396507 20-Jul-2016 STORES/INVENTORY 643.27 FASTENAL CANADA LTD 396734 28-Jul-2016 MATERIALS 871.03 FASTENAL CANADA LTD 396288 13-Jul-2016 MATERIALS 1,064.56 FEHR'S TROPHY&ENGRAVING 396289 13-Jul-2016 MATERIALS 339.00 FELICETTI,ANNY 396735 28-Jul-2016 TRAVEL/MILEAGE 610.20 FELICETTI,SERGE&FELICETTI,DEBBIE 396929 03-Aug-2016 REFUND 1,000.00 FERGUSON,DWAYNE 396097 06-Jul-2016 REFUND 40.00 FERNANDEZ,ABDELALIZ-ROSELL 396508 20-Jul-2016 REFUND 149.05 FIEDOREK,STANISLAW 396098 06-Jul-2016 REFUND 966.22 Page 7 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount FIRE FIGHTERS ASSOCIATION OF ONTARIO 396509 20-Jul-2016 MATERIALS 2,200.00 FLAGS UNLIMITED INC 396736 28-Jul-2016 STORES/INVENTORY 229.84 FLEXO PRODUCTS LTD 396510 20-Jul-2016 STORES/INVENTORY 248.61 FLEXO PRODUCTS LTD 396930 03-Aug-2016 MATERIALS 378.64 FLEXO PRODUCTS LTD 396099 06-Jul-2016 STORES/INVENTORY 834.02 FLEXO PRODUCTS LTD 396737 28-Jul-2016 MATERIALS 1,192.75 FLEXO PRODUCTS LTD 396290 13-Jul-2016 MATERIALS 1,268.82 FLEXO PRODUCTS LTD 395905 29-Jun-2016 STORES/INVENTORY 2,995.38 FORMISANO,ADRIANO 395906 29-Jun-2016 REFUND 866.97 FORTERRA PIPE&PRECAST LTD 396738 28-Jul-2016 MATERIALS 13,179.39 FORTINO.FRANCESCO(FRANK) 396739 28-Jul-2016 REFUND 500.00 FOUR SEASONS CONSTRUCTION 395907 29-Jun-2016 CONTRACT SERVICES 9,178.43 FRAJDENFELD,TOM 396291 13-Jul-2016 REFUND 1,251.40 FRANCO,JORDAN 396511 20-Jul-2016 MATERIALS 110.00 FRANK COWAN COMPANY LIMITED 396100 06-Jul-2016 REMITTANCE 29,074.02 FRANZE,FRANK 395908 29-Jun-2016 TRAVEL/MILEAGE 25.92 FRANZE,FRANK 396740 28-Jul-2016 TRAVEL/MILEAGE 30.24 G.O'CONNOR CONSULTANTS INC 396744 28-Jul-2016 CONSULTING SERVICES 6,799.21 G.O'CONNOR CONSULTANTS INC 396103 06-Jul-2016 MATERIALS 12,141.66 GALE,JAMIE 395909 29-Jun-2016 REFUND 750.00 GALE/CENCAGE LEARNING US DRAFT 2-Aug-2016 MATERIALS 236.41 GALES GAS BARS 396741 28-Jul-2016 VEH ID#289 252.43 GALES GAS BARS 395910 29-Jun-2016 REFUND 475.12 GALLERY WORKS NIAGARA INC 396932 03-Aug-2016 MATERIALS 542.40 GALLUCCI,JEFFREY THOMAS&GALLUCCI,ANNA CHRISTINE 396742 28-Jul-2016 REFUND 2.34 GARDEN CITY PRODUCTIONS 396101 06-Jul-2016 MATERIALS 50.00 GAUBOC CONSTRUCTION LIMITED 396512 20-Jul-2016 CONTRACT SERVICES 38,017.16 GENERAL SEED COMPANY 395911 29-Jun-2016 MATERIALS 189.28 GENTILCORE.LUCIA 395912 29-Jun-2016 REFUND 369.99 GHD LIMITED 396513 20-Jul-2016 CONSULTING SERVICES 11,032.36 GILBERT,MARGARET 396743 28-Jul-2016 MATERIALS 75,00 GIRARDI,CHRISTINE 396933 03-Aug-2016 TRAVEL/MILEAGE 47.52 GIRARDI,CHRISTINE 396514 20-Jul-2016 TRAVEL/MILEAGE 91.80 GLICA,SHELLEY 395913 29-Jun-2016 TRAVEL/MILEAGE 194.40 GLICA,SHELLEY 396934 03-Aug-2016 GRANT 375.00 GLOBALSTAR CANADA 396292 13-Jul-2016 MATERIALS 112.98 GN GLOBAL INVESTMENTS LTD 395914 29-Jun-2016 REFUND 4,740.31 GOFORTH,HANYA 396293 13-JuI-2016 PETTY CASH 520.25 GOLIA,NICK 395915 29-Jun-2016 TRAVEL/MILEAGE 359.64 GOOLD,NATHANIAL 396294 13-JuI-2016 SERVICES 1,200.00 GORDON BANNERMAN LTD 396295 13-JuI-2016 MATERIALS 637.21 GRASSHOPPER SOLAR CORPORATION 396296 13-JuI-2016 REFUND 2,500.00 GRAVELINE.MIKE 396297 13-JuI-2016 REFUND 50 00 GRAYBAR CANADA 395916 29-Jun-2016 MATERIALS 616.24 GRAYBAR CANADA 396298 13-JuI-2016 MATERIALS 1,237.62 GRAYBAR CANADA 396745 28-Jul-2016 MATERIALS 2,070.63 GREAT GULF(TORONTO 2000) 396746 28-JuI-2016 REFUND 1,000.00 GREAT GULF(TORONTO 2000) 395917 29-Jun-2016 REFUND 1,416.99 GREAT LAKES FIRE SERVICES 396935 03-Aug-2016 MATERIALS 27.69 GREAT LAKES FIRE SERVICES 396299 13-JuI-2016 MATERIALS 51.98 GREAT LAKES FIRE SERVICES 396515 20-JuI-2016 MATERIALS 80.23 GREENER PROJECT DEVELOPMENTS(2011)INC 395918 29-Jun-2016 REFUND 6,122.74 GREENFIELD GROUP LTD 396747 28-JuI-2016 REFUND 750.00 GREENFIELD GROUP LTD 396104 06-JuI-2016 CONTRACT SERVICES 2,539.68 GREENFIELD GROUP LTD 395919 29-Jun-2016 CONTRACT SERVICES 3,966.30 GRIFFIN LANDSCAPE 396748 28-Jul-2016 CONTRACT SERVICES 3,281.18 GRIFFIN LANDSCAPE 396300 13-JuI-2016 CONTRACT SERVICES 9,626.17 GRIFFIN LANDSCAPE 396105 06-JuI-2016 CONTRACT SERVICES 15,775.49 GROOT,KJ 396749 28-JuI-2016 GRANT 195.00 GROUND AERIAL MAINTENANCE LTD 396936 03-Aug-2016 CONTRACT SERVICES 375.48 GROUND AERIAL MAINTENANCE LTD 395920 29-Jun-2016 CONTRACT SERVICES 18,576.08 GROUND AERIAL MAINTENANCE LTD 396106 06-Jul-2016 CONTRACT SERVICES 19,056.76 GROWER'S CHOICE 395921 29-Jun-2016 CONTRACT SERVICES 5,424.00 GROWER'S CHOICE 396750 28-JuI-2016 MATERIALS 6,441 00 GRUBICH,JOHN 396301 13-Jul-2016 TRAVEL/MILEAGE 186.30 GT FRENCH 396516 20-JuI-2016 MATERIALS 587.38 GT FRENCH 396107 06-JuI-2016 STORES/INVENTORY 918.94 GT FRENCH 396751 28-JuI-2016 MATERIALS 1,306.29 GT FRENCH 395923 29-Jun-2016 MATERIALS 2,080.77 GT FRENCH 396937 03-Aug-2016 STORES/INVENTORY 2,467.45 GTECHNA 395922 29-Jun-2016 CONTRACT SERVICES 14.271.79 GUAY,DIANE 396517 20-JuI-2016 REFUND 24.23 GUILD ELECTRIC LIMITED 396518 20-JuI-2016 CONTRACT SERVICES 2,466.04 GUILD ELECTRIC LIMITED 395924 29-Jun-2016 CONTRACT SERVICES 6,102.61 Page 8 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount GUILD ELECTRIC LIMITED 396302 13-Jul-2016 CONTRACT SERVICES 13,749.44 GUILD ELECTRIC LIMITED 396752 28-Jul-2016 CONTRACT SERVICES 75,217.01 GUIRGUIS,RAFIK 396519 20-Jul-2016 GRANT 3,750.00 H.BARBER&SONS,INC US DRAFT 12-Jul-2016 MATERIALS 317.61 H2ONLY INC 396938 03-Aug-2016 MATERIALS 27 80 H2ONLY INC 396108 06-Jul-2016 CONTRACT SERVICES 262.74 HACH SALES&SERVICE CANADA LP 396303 13-Jul-2016 MATERIALS 3,559.50 N ALCO MOBILE MFG SALES&SERVICE INC 396109 06-Jul-2016 CONTRACT SERVICES 452.00 HALCO MOBILE MFG SALES&SERVICE INC 396304 13-Jul-2016 CONTRACT SERVICES 452.00 N ALCO MOBILE MFG SALES&SERVICE INC 396520 20-Jul-2016 CONTRACT SERVICES 452.00 HALCO MOBILE MFG SALES&SERVICE INC 396939 03-Aug-2016 CONTRACT SERVICES 452.00 HALCO MOBILE MFG SALES&SERVICE INC 395925 29-Jun-2016 CONTRACT SERVICES 1,073.50 HALCO MOBILE MFG SALES&SERVICE INC 396753 28-Jul-2016 CONTRACT SERVICES 1,073.50 HALLEX ENGINEERING LTD 396521 20-Jul-2016 REFUND 1,250.00 HANG UPS 395926 29-Jun-2016 MATERIALS 67.79 HANSLER SMITH LIMITED 396523 20-Jul-2016 STORES/INVENTORY 440.55 HARPER'S BAZAAR US DRAFT 2-Aug-2016 MATERIALS 24.00 HARRIS,JOHN ARTHUR 396524 20-Jul-2016 REFUND 750.00 HARRISON,TODD 395927 29-Jun-2016 TRAVEL/MILEAGE 262.44 HARVEY,SCOTT 396754 28-Jul-2016 SERVICES 100.00 HATCH CORPORATION 396940 03-Aug-2016 CONSULTING SERVICES 2,846.47 HATCH CORPORATION 396755 28-Jul-2016 CONSULTING SERVICES 3,533.51 HATCH CORPORATION 395928 29-Jun-2016 MATERIALS 8,688.58 HAYCOCK,MATTHEW 395929 29-Jun-2016 SERVICES 100.00 HD SUPPLY CANADA INC 396305 13-Jul-2016 MATERIALS 11.39 HEART NIAGARA INC 396941 03-Aug-2016 MATERIALS 192.10 HECTRONIC USA CORP US DRAFT 2-Aug-2016 CONTRACT SERVICES 8,422.06 HEINRICH,BARBARA 396525 20-Jul-2016 REFUND 176.40 HEROD,DEBRA IRENE 395930 29-Jun-2016 REFUND 1,171.44 HEUSERS STEEL WORKS LTD 396306 13-Jul-2016 CONTRACT SERVICES 395.50 HICKS MORLEY HAMILTON STEWART STORIE LLP 396942 03-Aug-2016 CONTRACT SERVICES 881.40 HICKS MORLEY HAMILTON STEWART STORIE LLP 396307 13-Jul-2016 CONTRACT SERVICES 10.180.80 HILTZ,JOHN 396756 28-Jul-2016 GRANT 50.00 HOCO LIMITED 395931 29-Jun-2016 REFUND 3,770.32 HODAN INVESTMENT CORPORATION 395932 29-Jun-2016 REFUND 11,527.83 HODKIN,MARK396110 06-Jul-2016 MATERIALS 150.00 HOFFMAN-PURDIE,TAMMY 396308 13-Jul-2016 REFUND 50.00 HOLMAN,GEOFF 396111 06-Jul-2016 TRAVEL/MILEAGE 146.88 HORNICK.ASHLYN 396757 28-Jul-2016 REFUND 172.49 HOTSY CLEANING SYSTEMS 396309 13-Jul-2016 CONTRACT SERVICES 615.85 HUDSON,JASON&HUDSON,LINDA 396758 28-Jul-2016 REFUND 154.67 HUNTER,BRUCE 396112 06-JuI-2016 MATERIALS 146.89 HYNES,MICHAEL 396526 20-JuI-2016 REFUND 155.01 I.B.STOREY INC. 396944 03-Aug-2016 MATERIALS 10,735.00 IANNACCHINO,ROSE 396310 13-JuI-2016 REFUND 23.27 IBEC MACHINE KNIFE LTD 396311 13-JuI-2016 CONTRACT SERVICES 21.47 IBEC MACHINE KNIFE LTD 395933 29-Jun-2016 CONTRACT SERVICES 64.41 IBEC MACHINE KNIFE LTD 396943 03-Aug-2016 MATERIALS 128.82 IBEY,KENT 396527 20-JuI-2016 REFUND 243.41 ICECO ADVANCED ARENA PRODUCTS 396528 20-JuI-2016 CONTRACT SERVICES 4,633.00 IMRAN,SIDRA 396312 13-Jul-2016 SERVICES 100.00 INDEPENDENT SUPPLY COMPANY 396759 28-JuI-2016 MATERIALS 64.86 INDEPENDENT SUPPLY COMPANY 395934 29-Jun-2016 MATERIALS 336.15 INNOVATIVE GATE SYSTEMS INC 396113 06-JuI-2016 CONTRACT SERVICES 926.60 INNOVATIVE SURFACE SOLUTIONS CANADA 396313 13-JuI-2016 MATERIALS 5,065.20 INSTILLMENT PRODUCTIONS 396114 06-JuI-2016 MATERIALS 350.00 INTUITION LANDSCAPE 395935 29-Jun-2016 CONTRACT SERVICES 5,571.16 IOANNONI,CAROLYNN 396945 03-Aug-2016 SERVICES 406.14 IP,ISAAC&LAM,EMILY HO KA 396314 13-JuI-2016 REFUND 22.44 ISHERWOOD,ROBERT 396315 13-Jul-2016 REFUND 750.00 J J MACKAY CANADA LTD 396760 28-JuI-2016 CONTRACT SERVICES 45.86 J&B PRO MUSIC 396530 20-JuI-2016 MATERIALS 3,536.90 JACKET CELLAR 396946 03-Aug-2016 MATERIALS 1,330.58 JACKSON,DAVE 396316 13-JuI-2016 TRAVEL/MILEAGE 248.94 JADE 395936 29-Jun-2016 SERVICES 282.50 JAREB,MARINKO 396947 03-Aug-2016 GRANT 1,875.00 JARRETT,PENNY 396317 13-JuI-2016 SERVICES 150.00 JOHN HARRIMAN 396319 13-JuI-2016 CONTRACT SERVICES 4,874.00 JOHNBEAR BUICK GMC LTD 396318 13-Jul-2016 CONTRACT SERVICES 151.41 JOHNSON,JACOB ELI 396531 20-Jul-2016 REFUND 13.71 JUNG,EMIL&JUNG,KRYSTYNA 396115 06-Jul-2016 REFUND 624.84 KAGAN SHASTRI BARRISTERS&SOLICITORS IN TRUST 395938 29-Jun-2016 CONTRACT SERVICES 2,339.10 KALWANI,KARISHMA 396532 20-JuI-2016 REFUND 176.28 KANDU POOLS LTD 395939 29-Jun-2016 CONTRACT SERVICES 133.34 Page 9 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount KANDU POOLS LTD 396948 03-Aug-2016 CONTRACT SERVICES 336.80 KANDU POOLS LTD 396320 13-Jul-2016 CONTRACT SERVICES 524.31 KAUPP ELECTRIC LTD 396533 20-Jul-2016 MATERIALS 924.24 KEITH'S PLUMBING&HEATING INC 396761 28-Jul-2016 CONTRACT SERVICES 631,649.34 KELLEY,LISA 396534 20-Jul-2016 REFUND 50.00 KELLEY,LISA 396321 13-Jul-2016 DONATION 320.00 KELLY DIGS LANDSCAPING 396535 20-Jul-2016 CONTRACT SERVICES 1,882.77 KELLY DIGS LANDSCAPING 396949 03-Aug-2016 CONTRACT SERVICES 7,710.93 KELLY DIGS LANDSCAPING 395940 29-Jun-2016 CONTRACT SERVICES 30,120.35 KELLY DIGS LANDSCAPING 396322 13-Jul-2016 CONTRACT SERVICES 48,968.34 KENWORTH TORONTO LTD 396536 20-Jul-2016 STORES/INVENTORY 233.61 KENWORTH TORONTO LTD 396116 06-Jul-2016 STORES/INVENTORY 592.72 KERRIO CORPORATION 396762 28-Jul-2016 REFUND 161.58 KERRY T HOWE ENGINEERING LTD 396763 28-Jul-2016 CONSULTING SERVICES 13,802.90 KERRY T HOWE ENGINEERING LTD 395941 29-Jun-2016 CONTRACT SERVICES 14,517.45 KIM,MIN-KYU&KIM,KYUNG-SOON 396537 20-Jul-2016 REFUND 281.38 KISCH,SARAH 396538 20-Jul-2016 REFUND 131.48 KIT CARE CORPORATION 396118 06-Jul-2016 STORES/INVENTORY 298.32 KRAWCZYK CONSTRUCTION MAINTENANCE INC 396539 20-Jul-2016 MATERIALS 1,276.90 KRONSTEIN,MARK 396440 15-Jul-2016 TRAVEL/MILEAGE 200.00 KROWN 396324 13-Jul-2016 VEH ID#671 146.84 KROWN 396950 03-Aug-2016 VEH ID#187 180.74 KROWN 395942 29-Jun-2016 VEH ID#54 485.72 KROWN 396119 06-Jul-2016 VEH ID#564 643.92 KROWN 396540 20-Jul-2016 STORES/INVENTORY 998.86 KWIK MIX MATERIALS LIMITED 396951 03-Aug-2016 MATERIALS 1,577.21 L.E.S.CONSULTING, 396123 06-Jul-2016 MATERIALS 508.50 LAKE'S MAINTENANCE 396764 28-Jul-2016 CONTRACT SERVICES 639.31 LAKE'S MAINTENANCE 396952 03-Aug-2016 CONTRACT SERVICES 6,701.24 LAM,LAC THE 396120 06-Jul-2016 REFUND 1,740.86 LAURCOAT INC. 396541 20-Jul-2016 MATERIALS 271.20 LAURCOAT INC. 395943 29-Jun-2016 VEH ID#203 423.75 LAWNS AND MORE INC. 396542 20-Jul-2016 MATERIALS 384.20 LAWNS AND MORE INC. 396325 13-Jul-2016 MATERIALS 4,711.02 LAWNS AND MORE INC. 396765 28-Jul-2016 CONTRACT SERVICES 11,445.73 LAWSON PRODUCTS INC 396766 28-Jul-2016 MATERIALS 338.26 LAWSON PRODUCTS INC 396543 20-Jul-2016 MATERIALS 343.57 LAWSON PRODUCTS INC 396121 06-Jul-2016 MATERIALS 527.94 LAWSON PRODUCTS INC 395944 29-Jun-2016 MATERIALS 816.09 LAWSON PRODUCTS INC 396326 13-Jul-2016 MATERIALS 1,249.15 LE GROUPE SPORTS-INTER PLUS 395945 29-Jun-2016 MATERIALS 233.57 LEBIEDZINSKI,MARGARET 396122 06-Jul-2016 REMITTANCE 345.72 LEGROS,SUSAN 396327 13-Jul-2016 REFUND 25.00 LEUNG.TIFFANY 396124 06-Jul-2016 REFUND 129.95 LEXISNEXIS CANADA INC 396328 13-Jul-2016 SUPPLIES 104.74 LG TECHNICAL 396329 13-Jul-2016 CONTRACT SERVICES 271.20 LIDSTER.JACK 396545 20-Jul-2016 CONTRACT SERVICES 250.00 LIFE SAFETY SECURITY INC 395948 29-Jun-2016 MATERIALS 3,588.88 LIFE SAFETY SECURITY INC 396126 06-Jul-2016 MATERIALS 9,668.08 LIFESAVING SOCIETY 396546 20-Jul-2016 MATERIALS 339.33 LIFEWORKS CANADA LTD 396127 06-Jul-2016 CONTRACT SERVICES 1,874.45 LIGHTHEART,LEROY 396547 20-Jul-2016 REFUND 750.00 LINCOLN CONSTRUCTION 395949 29-Jun-2016 REFUND 500.00 LINCOLN CONSTRUCTION 396333 13-Jul-2016 REFUND 650.00 LINCOLN VALLEY AUTOMOTIVE LTD 396332 13-Jul-2016 VEH ID#914 452.00 LIPPERT&WRIGHT FUELS INC 396128 06-Jul-2016 FUEL 29,007.85 LIPPERT&WRIGHT FUELS INC 396548 20-Jul-2016 FUEL 30,599.72 LMS 3 DEVELOPMENT INC 396334 13-Jul-2016 REFUND 11,024.18 LOUISA DAVIE ARBITRATIONS 395950 29-Jun-2016 CONTRACT SERVICES 1,053.58 LUCIANI,SILVANO 396129 06-Jul-2016 REFUND(DUPLICATE PAYMENT OF 25.00 LUKOSE,MELUMON 396549 20-Jul-2016 REFUND 179.00 LUMINATOR MASS TRANSIT LLC US DRAFT 2-Aug-2016 MATERIALS 600.00 LUNDY'S LANE BIA 396953 03-Aug-2016 2016 BIA LEVY 128,306.50 M&L SUPPLY FIRE AND SAFETY 396131 06-Jul-2016 MATERIALS 134.41 M&L SUPPLY FIRE AND SAFETY 396963 03-Aug-2016 MATERIALS 3,215.22 M&L SUPPLY FIRE AND SAFETY 396352 13-Jul-2016 MATERIALS 3,648.11 MAC'S CONVENIENCE STORES INC 396335 13-Jul-2016 REFUND 1,250.00 MAJOR LEAGUE SALES 396336 13-Jul-2016 REFUND 50.00 MANDARIN RESTAURANT 396337 13-Jul-2016 REFUND 50.00 MANDARIN RESTAURANT 396550 20-Jul-2016 MATERIALS 160.00 MARBLE SLAB CREAMERY 396338 13-Jul-2016 REFUND 50.00 MAR-CO CLAY PRODUCTS INC 395951 29-Jun-2016 MATERIALS 2,583.64 MARINELLI,JOHN&MARINELLI,GINETTE 396551 20-Jul-2016 REFUND 24.44 MARKEN HOMES&CONSTRUCTION 396339 13-Jul-2016 REFUND 26.20 Page 10 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MARK'S COMMERCIAL 396552 20-Jul-2016 MATERIALS 13,780.79 MARK'S COMMERCIAL 396954 03-Aug-2016 MATERIALS 45,895.21 MARKS COMMERCIAL 396767 28-Jul-2016 MATERIALS 49,434.09 MARSDEN,BENJAMIN JAMES&RUGGI,MIRANDA 396553 20-Jul-2016 REFUND 43.75 MARTENS,AGANETHA 396554 20-Jul-2016 REFUND 5143 MARTIN SHEPPARD FRASER LLP 395952 29-Jun-2016 CONTRACT SERVICES 718.29 MARTIN SHEPPARD FRASER LLP 396555 20-Jul-2016 CONTRACT SERVICES 5,050.09 MATSON,BILL 396340 13-Jul-2016 TRAVEL/MILEAGE 98.04 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 396341 13-Jul-2016 CONSULTING SERVICES 904.00 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 396956 03-Aug-2016 MATERIALS 8,297.59 MAURICE,STEVE 396342 13-Jul-2016 TRAVEL/MILEAGE 110.16 MCD MECHANICAL 395954 29-Jun-2016 CONTRACT SERVICES(WRAP2016-( 900.00 MCD MECHANICAL 396957 03-Aug-2016 CONTRACT SERVICES(WRAP2015-( 4,800.00 MCDONALD,ROB 396958 03-Aug-2016 PETTY CASH 764.00 MCGRATTEN,PAT 396556 20-Jul-2016 REFUND 72.66 MCMILLAN,ROBERT 396343 13-Jul-2016 REFUND 750.00 MCNAMARA.SUSAN 396344 13-Jul-2016 TRAVEL/MILEAGE 200.00 MECH,KEN 396558 20-Jul-2016 TRAVEL/MILEAGE 2,005.11 MECHANICAL PLUMBING&HEATING BY WARRENS 396557 20-Jul-2016 CONTRACT SERVICES 4,746.00 MEDIA PRO INC 396559 20-Jul-2016 MATERIALS 113.00 MEDIA RESOURCES INC 396130 06-Jul-2016 CONTRACT SERVICES 576.30 MELKI,BECHIR EL 396560 20-Jul-2016 REFUND 149 54 MENARD,JEFF 396345 13-Jul-2016 CONSULTING SERVICES 269.04 MERIDIAN CREDIT UNION 396346 13-Jul-2016 PAYROLL REMITTANCE 99.71 MERIDIAN CREDIT UNION 396768 28-Jul-2016 PAYROLL REMITTANCE 255.88 MERIDIAN CREDIT UNION 395955 29-Jun-2016 PAYROLL REMITTANCE 256.76 METAL SUPERMARKETS 396347 13-Jul-2016 MATERIALS 84.47 METAL SUPERMARKETS 396769 28-Jul-2016 VEH ID#475 373.24 METRO FREIGHTLINER HAMILTON 396770 28-Jul-2016 STORES/INVENTORY 5,607.26 METRO FREIGHTLINER HAMILTON 396959 03-Aug-2016 STORES/INVENTORY 7,584.77 METRO PLUMBING&HEATING 395956 29-Jun-2016 CONTRACT SERVICES(WRAP2016-( 7,557 85 METRO PLUMBING&HEATING 396960 03-Aug-2016 CONTRACT SERVICES(WRAP2016-( 12,581.34 METRO PLUMBING&HEATING 396348 13-Jul-2016 CONTRACT SERVICES(WRAP2016-( 14,675.93 METRO TRUCK NIAGARA 396561 20-Jul-2016 STORES/INVENTORY 1,421.31 MILLER RESTORATION LIMITED 396562 20-Jul-2016 REFUND 500.00 MILLER,RONALD 396350 13-Jul-2016 TRAVEL/MILEAGE 200.00 MINISTER OF FINANCE 395960 29-Jun-2016 ADVERTISING 169.50 MINISTER OF FINANCE 396961 03-Aug-2016 PAYROLL REMITTANCE 4,292.25 MINISTER OF FINANCE 395958 29-Jun-2016 PAYROLL REMITTANCE 6,138.88 MINISTER OF FINANCE 396962 03-Aug-2016 PAYROLL REMITTANCE 71,047.85 MINISTER OF FINANCE 395959 29-Jun-2016 PAYROLL REMITTANCE 107,364.40 MINISTRY OF ATTORNEY GENERAL 395957 29-Jun-2016 PAYROLL REMITTANCE 2,788.56 MINISTRY OF ATTORNEY GENERAL 396351 13-Jul-2016 PAYROLL REMITTANCE 2,788.56 MINISTRY OF ATTORNEY GENERAL 396771 28-Jul-2016 PAYROLL REMITTANCE 2,788.56 MISSISSAUGA BUS COACH&TRUCK REPAIRS INC 396772 28-Jul-2016 STORES/INVENTORY 537.65 MISSISSAUGA BUS COACH&TRUCK REPAIRS INC 396563 20-Jul-2016 STORES/INVENTORY 682.29 MMC BUS DIVISION INC. 396964 03-Aug-2016 MATERIALS 19,980.75 MMM GROUP LIMITED 396353 13-Jul-2016 CONSULTING SERVICES 8,312.56 MODERN LANDFILL INC 396773 28-Jul-2016 CONTRACT SERVICES 890.42 MODERN LANDFILL INC 396132 06-Jul-2016 MATERIALS 1,370.03 MODERN LANDFILL INC 395961 29-Jun-2016 CONTRACT SERVICES 6,495.48 MODERN LANDFILL INC 396965 03-Aug-2016 CONTRACT SERVICES 7,053.86 MOHAWK MFG&SUPPLY CO 396966 03-Aug-2016 STORES/INVENTORY 55.96 MOHAWK MFG&SUPPLY CO 396354 13-Jul-2016 STORES/INVENTORY 171.06 MOHAWK MFG&SUPPLY CO 395962 29-Jun-2016 STORES/INVENTORY 171.13 MOHAWK MFG&SUPPLY CO 396133 06-Jul-2016 STORES/INVENTORY 1,216.50 MOHAWK MFG&SUPPLY CO 396564 20-Jul-2016 STORES/INVENTORY 2,469.25 MOHAWK MFG&SUPPLY CO 396774 28-Jul-2016 STORES/INVENTORY 2.527 11 MOLDENHAUER,KATHY 396134 06-Jul-2016 TRAVEL/MILEAGE 171.24 MONASTERY OF MOUNT CARMEL 395963 29-Jun-2016 REFUND 388.58 MONTGOMERY BROS./NORTHLAND SUPPLY 395964 29-Jun-2016 MATERIALS 3,583.23 MONTGOMERY BROS./NORTHLAND SUPPLY 396356 13-Jul-2016 MATERIALS 11,640.13 MONTGOMERY BROS./NORTHLAND SUPPLY 396967 03-Aug-2016 MATERIALS 26,658.41 MONTGOMERY,BOB 396355 13-Jul-2016 SERVICES 100.00 MOODIE S BAKERY 396135 06-Jul-2016 MATERIALS 152.50 MOON,JIM SOO&MOON,BONG SON 396136 06-Jul-2016 REFUND 1,742.56 MOON-MATZ LTD. 396775 28-Jul-2016 CONSULTING SERVICES 8,300 98 MOORE,ALLAN 396776 28-Jul-2016 REFUND 124.96 MOORE,BRYCE 396968 03-Aug-2016 SERVICES 100.00 MORAN,TIMOTHY 396566 20-Jul-2016 REFUND 92.76 MOREAU.GEORGE 396137 06-Jul-2016 REFUND 500.00 MOROCCO,ANNA 396568 20-Jul-2016 TRAVEL/MILEAGE 112.32 MOROCCO,JOHN 396567 20-Jul-2016 TRAVEL/MILEAGE 143.10 MOROCCO,JOYCE 396138 06-Jul-2016 TRAVEL/MILEAGE 536.14 Page 11 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MRKALJ,JOVO 396139 06-Jul-2016 REFUND 2,202.70 MRS.SOFTY INC. 396357 13-Jul-2016 REFUND 50.00 MUCCIANTE,TRACY 396569 20-Jul-2016 REFUND 187.58 MUDFORD,MARK 396570 20-Jul-2016 REFUND 104.15 MULLER'S WORKWEAR 396358 13-Jul-2016 MATERIALS 31 64 MULLER'S WORKWEAR 396140 06-Jul-2016 MATERIALS 183.00 MULLER'S WORKWEAR 395965 29-Jun-2016 MATERIALS 199.27 N.S.M.FABRICATING LIMITED 396152 06-Jul-2016 REFUND 2,797.02 NATIONAL LEASING 396777 28-Jul-2016 LEASES AND RENTS 1,919.29 NATURE'S EXPRESSION 396571 20-Jul-2016 MATERIALS 709.87 NEDERMAN CANADA LIMITED 396778 28-Jul-2016 MATERIALS 2,458.97 NETMOTION WIRELESS US DRAFT 2-Aug-2016 MATERIALS 1,718.75 NEW FLYER INDUSTRIES CANADA ULC 395966 29-Jun-2016 STORES/INVENTORY 677.92 NEW FLYER INDUSTRIES CANADA ULC 396572 20-Jul-2016 STORES/INVENTORY 1,225.85 NEW FLYER INDUSTRIES CANADA ULC 396141 06-Jul-2016 STORES/INVENTORY 1,535.68 NEW FLYER INDUSTRIES CANADA ULC 396969 03-Aug-2016 STORES/INVENTORY 1,885.20 NEW FLYER INDUSTRIES CANADA ULC 396359 13-Jul-2016 STORES/INVENTORY 2,014.81 NEW FLYER INDUSTRIES CANADA ULC 396779 28-Jul-2016 STORES/INVENTORY 6,711.01 NEXTERRA SUBSTRUCTURES INC 396573 20-Jul-2016 CONTRACT SERVICES 22,961.19 NG,VINCENT 396866 28-Jul-2016 REFUND 863.98 NIAGARA ADULT CATARACT HOCKEY TOURNAMENT 395970 29-Jun-2016 MATERIALS 2,500.00 NIAGARA ANALYTICAL LABORATORIES INC 396142 06-Jul-2016 CONTRACT SERVICES 589.86 NIAGARA ANALYTICAL LABORATORIES INC 396780 28-Jul-2016 CONTRACT SERVICES 983.10 NIAGARA BATTERY&TIRE 396574 20-Jul-2016 VEH ID#129 20 34 NIAGARA BATTERY&TIRE 396360 13-Jul-2016 VEH ID#565 67.74 NIAGARA BATTERY&TIRE 396781 28-Jul-2016 VEH ID#311 358.21 NIAGARA BATTERY&TIRE 396782 28-Jul-2016 VEH ID#339 774.27 NIAGARA BATTERY&TIRE 396970 03-Aug-2016 VEH ID#120 1,263.79 NIAGARA BATTERY&TIRE 396143 06-Jul-2016 VEH ID#33 1,687.43 NIAGARA BAUER HOCKEY CHALLENGE 395967 29-Jun-2016 GRANT 3,751.82 NIAGARA BLOCK INCORPORATED 395968 29-Jun-2016 MATERIALS 118.88 NIAGARA BLOCK INCORPORATED 396783 28-Jul-2016 MATERIALS 152.22 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00027-0001 1-July-2016 REFUND 13,932.00 NIAGARA CHRYSLER DODGE JEEP 396575 20-Jul-2016 VEH ID#652 2,332.75 NIAGARA CUSTOM POWDER COATING INC 396576 20-Jul-2016 MATERIALS 141.25 NIAGARA DEEP STEAM 396971 03-Aug-2016 CONTRACT SERVICES 508.50 NIAGARA ENTREPRENEUR AWARDS INC 396784 28-Jul-2016 MATERIALS 1,666.66 NIAGARA FALLS ART GALLERY 396785 28-Jul-2016 GRANT 2,783.33 NIAGARA FALLS ART GALLERY 396577 20-Jul-2016 GRANT 3,750 00 NIAGARA FALLS CURLING CLUB 396144 06-Jul-2016 LEASES AND RENTS 9,515.96 NIAGARA FALLS HUMANE SOCIETY 396361 13-Jul-2016 REMITTANCE 240.00 NIAGARA FALLS HUMANE SOCIETY 396786 28-Jul-2016 GRANT 39,795.17 NIAGARA FALLS ILLUMINATION BOARD 395809 27-Jun-2016 ILLUMINATION BOARD LIGHTING PR 1,251,975.00 NIAGARA FALLS MILITARY MUSEUM 396578 20-Jul-2016 GRANT 3,375.00 NIAGARA FALLS MINOR HOCKEY ASSOCIATION 396787 28-Jul-2016 GRANT 350.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTING ASSOC 00030-0004 18-July-2016 PAYROLL REMITTANCE 7,870.48 NIAGARA FALLS PROFESSIONAL FIRE FIGHTING ASSOC 00028-0005 1-July-2016 PAYROLL REMITTANCE 7,930.56 NIAGARA FALLS PROFESSIONAL FIRE FIGHTING ASSOC 00032-0004 1-Aug-2016 PAYROLL REMITTANCE 18,037.80 NIAGARA FALLS PROFESSIONAL FIRE FIGHTING ASSOC 00026-0003 24-Jun-2016 PAYROLL REMITTANCE 18,127.92 NIAGARA FALLS TOURISM 396789 28-Jul-2016 GRANT 30.000.00 NIAGARA FALLS TOURISM 396145 06-Jul-2016 CONTRACT SERVICES 282,500.00 NIAGARA INDUSTRIAL MALL LTD 396147 06-Jul-2016 REFUND 5,760.42 NIAGARA METER SERVICES INC. 396579 20-Jul-2016 CONTRACT SERVICES 4,458.92 NIAGARA METER SERVICES INC. 396972 03-Aug-2016 CONTRACT SERVICES 5,888.83 NIAGARA METER SERVICES INC. 396148 06-Jul-2016 CONTRACT SERVICES 6,785.53 NIAGARA ON THE LAKE HYDRO INC 396580 20-Jul-2016 UTILITIES 157.33 NIAGARA PARKS COMMISSION 396581 20-Jul-2016 WEGO 22,500.00 NIAGARA PARKS COMMISSION 396790 28-Jul-2016 WEGO-ADULT 30,600.00 NIAGARA PENINSULA ENERGY INC 396582 20-Jul-2016 UTILITIES 1,632.75 NIAGARA PENINSULA ENERGY INC 396149 06-Jul-2016 UTILITIES 6,256 98 NIAGARA PENINSULA ENERGY INC 396973 03-Aug-2016 UTILITIES 6,273.27 NIAGARA PENINSULA ENERGY INC 396363 13-Jul-2016 UTILITIES 6,701.07 NIAGARA PENINSULA ENERGY INC 396791 28-Jul-2016 UTILITIES 186,541.52 NIAGARA PENINSULA ENERGY INC 395971 29-Jun-2016 UTILITIES 196,073.54 NIAGARA REGIONAL BROADBAND NETWORK 396792 28-Jul-2016 SERVICES(CITY HALL) 10,409.45 NIAGARA REGIONAL POLICE SERVICE 396364 13-Jul-2016 MATERIALS 50.00 NIAGARA REGIONAL POLICE SERVICE 396583 20-Jul-2016 SERVICES(KER PARK) 50.00 NIAGARA REGIONAL POLICE SERVICE 396974 03-Aug-2016 MATERIALS 50.00 NIAGARA REGIONAL SUMMER SWIM LEAGUE 396117 06-Jul-2016 ADMINISTRATIVE 75.00 NIAGARA ROADS SUPERVISORS ASSOCIATION 396793 28-Jul-2016 ADMINISTRATIVE 100.00 NIAGARA RUBBER SUPPLY INC 396975 03-Aug-2016 MATERIALS 38.41 NIAGARA SAFETY VILLAGE 396365 13-Jul-2016 TRAINING 4,000.00 NIAGARA SPORT COMMISSION 396584 20-Jul-2016 GRANT 2,200 00 NIAGARA SPRING SERVICE LTD 396150 06-Jul-2016 VEH ID#104 4,574.69 Page 12 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount NIAGARA TENTS&EVENTS 395972 29-Jun-2016 MATERIALS 565.00 NIAGARA TENTS&EVENTS 396794 28-Jul-2016 MATERIALS 5,582.20 NIAGARA THIS WEEK 396366 13-Jul-2016 ADVERTISING 394.37 NIAGARA WATER CONDITIONING LTD 396976 03-Aug-2016 MATERIALS 49.72 NIAGARA WORKFORCE PLANNING BOARD 396362 13-Jul-2016 SUBSCRIPTION 125.00 NICHOLLS MARINE LTD 396367 13-Jul-2016 MATERIALS 3,613.76 NICK'S TRUCK PARTS INC. 395973 29-Jun-2016 VEH ID#404 19.49 NICK'S TRUCK PARTS INC. 396151 06-Jul-2016 MATERIALS 88.75 NORTH-SOUTH ENVIRONMENTAL INC 396795 28-Jul-2016 CONSULTING SERVICES 7,506.09 NORTRAX CANADA INC. 396368 13-Jul-2016 VEH ID#483 206.91 NU-MEDIA DISPLAY SYSTEMS INC. 396369 13-Jul-2016 MATERIALS 226.00 OACA 396977 03-Aug-2016 ADMINISTRATIVE 300.00 OAKWOOD CABINETS LTD 396153 06-Jul-2016 REFUND 3,238.45 OH MY PRINT SOLUTIONS INC 395974 29-Jun-2016 MATERIALS 1,196.67 OMERS 396154 06-Jul-2016 PAYROLL REMITTANCE 53,002.60 OMERS 396155 06-Jul-2016 PAYROLL REMITTANCE 990,008.08 OMFPOA-NIAGARA CHAPTER 396370 13-Jul-2016 TRAINING 450.00 ONOFRIO,CARL DAVID 396978 03-Aug-2016 GRANT 1,875.00 ONTARIO AGRA PIPING&SUPPLIES INC 396156 06-Jul-2016 MATERIALS 13.56 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 396372 13-Jul-2016 MATERIALS 2,423.85 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 396979 03-Aug-2016 MATERIALS 3,051.00 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 396797 28-Jul-2016 MATERIALS 4,195 24 ONTARIO ONE CALL 396796 28-Jul-2016 CONTRACT SERVICES 1,466.12 ONTARIO ONE CALL 396371 13-Jul-2016 CONTRACT SERVICES 2,415.77 ORKIN CANADA CORPORATION 396798 28-Jul-2016 CONTRACT SERVICES 149.73 OVERLAND CUSTOM COACH(2007)INC. 396799 28-Jul-2016 STORES/INVENTORY 553.01 OVERLAND CUSTOM COACH(2007)INC. 396157 06-Jul-2016 STORES/INVENTORY 1,519.00 P&W TRUCKING 396800 28-Jul-2016 CONTRACT SERVICES 15,386.08 PALLADINO,DANIELA 396586 20-Jul-2016 REFUND 30.55 PAMBOOKIAN,BENJAMIN 396158 06-Jul-2016 REFUND 2,972.32 PANUCCI,JOE 396801 28-Jul-2016 TRAVEL/MILEAGE 354.84 PAPAVASILIOU,TOM 396159 06-Jul-2016 REFUND 893.52 PAPETTI,DANNY JOHN 396373 13-Jul-2016 MEMBERSHIP 135.60 PARADISE POOLS 396374 13-Jul-2016 MATERIALS 1,738.71 PARADISE POOLS 396980 03-Aug-2016 MATERIALS 2,484.19 PARKWAY TOWING INC 396802 28-Jul-2016 MATERIALS 2,034.00 PARSONS 396587 20-Jul-2016 CONSULTING SERVICES 31,927.13 PARTY CONNECTION 396981 03-Aug-2016 MATERIALS 1,039.60 PAUL DAVIS SYSTEMS OF NIAGARA/HALDIMAND 396375 13-Jul-2016 REFUND 750.00 PEAK-RYZEX ULC 396803 28-Jul-2016 MATERIALS 1,333.29 PEARSON,RILY 396588 20-JuI-2016 REFUND 92.99 PEC ROOF MAINTENANCE 396589 20-Jul-2016 CONTRACT SERVICES 194.87 PEC ROOF MAINTENANCE 396160 06-Jul-2016 CONTRACT SERVICES 357.92 PENINSULA CONSTRUCTION INC 396983 03-Aug-2016 CONTRACT SERVICES 2,542.50 PENINSULA CONSTRUCTION INC. 396590 20-Jul-2016 MATERIALS 5,492.41 PENINSULA CONSTRUCTION INC. 396161 06-JuI-2016 CONTRACT SERVICES 6,469.25 PENINSULA PEST CONTROL LTD 396804 28-Jul-2016 CONTRACT SERVICES 135.60 PENINSULA PEST CONTROL LTD 396162 06-Jul-2016 CONTRACT SERVICES 640.71 PENINSULA PEST CONTROL LTD 395975 29-Jun-2016 CONTRACT SERVICES 870.10 PENINSULA PEST CONTROL LTD 396982 03-Aug-2016 CONTRACT SERVICES 1,250.91 PENNER BUILDING CENTRE 396591 20-Jul-2016 MATERIALS 287.76 PENNER BUILDING CENTRE 395976 29-Jun-2016 MATERIALS 1,060.37 PENTLAND,EMILY 396592 20-JuI-2016 REFUND 98.44 PENTON,CHRISTIE 396593 20-Jul-2016 REFUND 35.45 PERFORMANCE AUTO GROUP 396984 03-Aug-2016 VEH ID#261 1,122.76 PETERS EXCAVATING INC 395977 29-Jun-2016 CONTRACT SERVICES 1,356.00 PETTI,ANTHONY 395978 29-Jun-2016 REFUND 113.00 PIC'S MOTOR CLINIC 396805 28-JuI-2016 STORES/INVENTORY 776.65 PINERIDGE TREE SERVICE LTD 395979 29-Jun-2016 CONTRACT SERVICES 3,796.80 PINERIDGE TREE SERVICE LTD 396985 03-Aug-2016 CONTRACT SERVICES 4,746.00 PINERIDGE TREE SERVICE LTD 396806 28-Jul-2016 CONTRACT SERVICES 7,712.25 PINEWOOD HOMES(NIAGARA)LTD 396376 13-Jul-2016 REFUND 374.10 PINEWOOD HOMES(TARA)LTD 396163 06-Jul-2016 REFUND 3,999.74 PIPE,KATHERINE 396377 13-Jul-2016 REFUND 96.05 PLAS.HARRY 396164 06-Jul-2016 REFUND 175.00 PLASTRUCT POLYZONE 396807 28-JuI-2016 MATERIALS 1,654.77 PLAYPOWER LT CANADA INC 396986 03-Aug-2016 MATERIALS 247.47 PLAYPOWER LT CANADA INC 396165 06-Jul-2016 MATERIALS 17.995.62 POIRIER,JOSEPH 395980 29-Jun-2016 REFUND 500.00 PORCELLAN,CSABA 396378 13-Jul-2016 REFUND 50.00 PRAXAIR 395981 29-Jun-2016 STORES/INVENTORY 38.59 PRAXAIR 396594 20-Jul-2016 MATERIALS 788.80 PRAXAIR 396987 03-Aug-2016 MATERIALS 1,672.40 PRECISION CURB CUTTING LTD 396988 03-Aug-2016 CONTRACT SERVICES 1,438.55 Page 13 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount PREMIER EQUIPMENT LTD 395982 29-Jun-2016 STORES/INVENTORY 408.65 PREMIER EQUIPMENT LTD 396595 20-Jul-2016 VEH ID#281 576.81 PREMIER EQUIPMENT LTD 396808 28-Jul-2016 VEH ID#284 765.89 PREMIER EQUIPMENT LTD 396166 06-Jul-2016 VEH ID#266 824.48 PREMIER EQUIPMENT LTD 396379 13-Jul-2016 VEH ID#271 2,399.00 PREVOST 396167 06-Jul-2016 STORES/INVENTORY 210.05 PREVOST 396809 28-JuI-2016 STORES/INVENTORY 561.61 PREVOST 396380 13-Jul-2016 STORES/INVENTORY 1,495 32 PREVOST 396596 20-Jul-2016 STORES/INVENTORY 2,774.71 PRINTING HOUSE LTD 396168 06-Jul-2016 MATERIALS 1,700.59 PROCOPIO,ANGELO 396597 20-Jul-2016 REFUND 750.00 PROJECT SHARE 396810 28-Jul-2016 GRANT 24,866.67 PSECO INC 396169 06-Jul-2016 CONTRACT SERVICES 3,105.41 PUBLIC SECTOR DIGEST 396811 28-Jul-2016 SERVICES 4,281.26 PUBLIC SERVICES HEALTH&SAFETY ASSOCIATION 395983 29-Jun-2016 TRAINING 4,068 00 PULLIA,MARIA 396599 20-Jul-2016 REFUND 85.00 PUROLATOR COURIER 396381 13-Jul-2016 COURIER 31.01 PUROLATOR COURIER 396170 06-Jul-2016 COURIER 56.15 PUROLATOR COURIER 396989 03-Aug-2016 COURIER 64.23 PUROLATOR COURIER 396600 20-Jul-2016 COURIER 73.75 PUROLATOR COURIER 396812 28-Jul-2016 COURIER 76.53 PUROLATOR COURIER 395984 29-Jun-2016 COURIER 89.02 PUROLATOR FREIGHT 396990 03-Aug-2016 CONTRACT SERVICES 303.98 PVS CONTRACTORS 395985 29-Jun-2016 CONTRACT SERVICES 73.45 PVS CONTRACTORS 396991 03-Aug-2016 MATERIALS 73.45 PVS CONTRACTORS 396813 28-Jul-2016 CONTRACT SERVICES 50,150.23 QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 395986 29-Jun-2016 MATERIALS 390.98 QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 396814 28-Jul-2016 MATERIALS 1,356.00 QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 396992 03-Aug-2016 MATERIALS 2,992.24 QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 396601 20-Jul-2016 MATERIALS 3,322 20 QUARTEK GROUP INC 395987 29-Jun-2016 MATERIALS 4,842.73 QUARTEK GROUP INC 396993 03-Aug-2016 CONTRACT SERVICES 6,345.97 QUARTEK GROUP INC 396815 28-Jul-2016 MATERIALS 7,167 59 R J SMITH EQUIPMENT INC 396612 20-Jul-2016 MATERIALS 565.85 R J SMITH EQUIPMENT INC 396997 03-Aug-2016 MATERIALS 1,557.08 R J SMITH EQUIPMENT INC 396821 28-Jul-2016 MATERIALS 3,040.71 R J SMITH EQUIPMENT INC 396386 13-Jul-2016 MATERIALS 3,496.05 R.STASIAK ENGINEERING INC 396999 03-Aug-2016 CONSULTING SERVICES 1,949.25 RACO AUTO SUPPLY LTD 395988 29-Jun-2016 STORES/INVENTORY 75.53 RACO AUTO SUPPLY LTD 396816 28-Jul-2016 STORES/INVENTORY 92.59 RACO AUTO SUPPLY LTD 396994 03-Aug-2016 STORES/INVENTORY 494.49 RACO AUTO SUPPLY LTD 396171 06-Jul-2016 STORES/INVENTORY 585.20 RACO AUTO SUPPLY LTD 396382 13-Jul-2016 STORES/INVENTORY 1.835.30 RACO AUTO SUPPLY LTD 396602 20-Jul-2016 STORES/INVENTORY 2,134.19 RADOSLAV,PETROV 396172 06-Jul-2016 REFUND 3,970.55 RALLIS,CHRISTINA 396603 20-Jul-2016 REFUND 20.51 RANDHADA,DHARM SINGH 396173 06-Jul-2016 REFUND 2,029.38 RANKIN CONSTRUCTION INC 396605 20-Jul-2016 MATERIALS 4,859.00 RANKIN CONSTRUCTION INC 395989 29-Jun-2016 MATERIALS 5,565.95 RANKIN CONSTRUCTION INC 396604 20-Jul-2016 CONTRACT SERVICES 512,741.71 RAPLEY,DAVE 396383 13-Jul-2016 REFUND 175.00 RBC 396995 03-Aug-2016 REFUND 300.00 RBC 396174 06-Jul-2016 REFUND 710.09 RBC LIFE INSURANCE COMPANY 395990 29-Jun-2016 REMITTANCE 1,853 23 REALTAX INC 396817 28-Jul-2016 MATERIALS 887.05 REALTAX INC 396607 20-Jul-2016 MATERIALS 1,088.00 RECARO NORTH AMERICA INC US DRAFT 12-Jul-2016 MATERIALS 1,228.20 RECEIVER GENERAL 396818 28-Jul-2016 PAYROLL REMITTANCE 521,746.36 RECEIVER GENERAL 396384 13-Jul-2016 PAYROLL REMITTANCE 548,061.44 RECEIVER GENERAL 395991 29-Jun-2016 PAYROLL REMITTANCE 599,630.70 REFRIGERATION ENERGY SOLUTIONS LTD 396608 20-Jul-2016 MATERIALS 234.48 REFRIGERATION ENERGY SOLUTIONS LTD 396385 13-Jul-2016 CONTRACT SERVICES 2,578.48 REFRIGERATION ENERGY SOLUTIONS LTD 396996 03-Aug-2016 CONTRACT SERVICES 8,218.51 REGIONAL MUNICIPALITY OF NIAGARA 00028-0006 1-July-2016 MATERIALS 61.06 REGIONAL MUNICIPALITY OF NIAGARA 00032-0005 1-Aug-2016 CONTRACT SERVICES 1,050,000.00 REGIONAL MUNICIPALITY OF NIAGARA 00029-0002 11-July-2016 CONTRACT SERVICES 2,035,879.24 REGIONAL MUNICIPALITY OF NIAGARA 00033-0001 2-Aug-2016 CONTRACT SERVICES 2,126,293.49 REGIONAL MUNICIPALITY OF NIAGARA 00027-0002 1-July-2016 CONTRACT SERVICES 2,403,684.85 REID,JOHN 396819 28-Jul-2016 REFUND 1,356.00 REID,TRINITY 396820 28-Jul-2016 GRANT 195.00 RELIABLE PROMOTIONS 396609 20-Jul-2016 MATERIALS 252.89 RICHARDS,CHRISTINA 396610 20-Jul-2016 REFUND 152.90 RIGG MOONEY MONUMENTS 396175 06-Jul-2016 CONTRACT SERVICES 84.75 RIMANDO,MEGUMI 396611 20-Jul-2016 REFUND 150.64 Page 14 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount RIVERSIDE BRASS 395992 29-Jun-2016 MATERIALS 331.09 RIVERSIDE BRASS 396176 06-Jul-2016 MATERIALS 331.09 RK&ASSOCIATES 396822 28-Jul-2016 CONSULTING SERVICES 1,653.19 ROADSIDE RENTALS INC 396177 06-Jul-2016 MATERIALS 931.46 ROCHESTER MIDLAND CANADA CORPORATION 396998 03-Aug-2016 CONTRACT SERVICES 84.34 ROCHESTER MIDLAND CANADA CORPORATION 395993 29-Jun-2016 CONTRACT SERVICES 242.95 ROCHESTER MIDLAND CANADA CORPORATION 396387 13-Jul-2016 CONTRACT SERVICES 2,211 84 ROCHESTER MIDLAND CANADA CORPORATION 396823 28-Jul-2016 MATERIALS 3,179.44 ROGERS WIRELESS INC 396613 20-Jul-2016 SERVICES 1,416.37 ROGERS WIRELESS INC 396824 28-Jul-2016 SERVICES 1,551.07 ROOTES,LARA 396178 06-Jul-2016 REFUND 489.11 RUDAN EXPORT IMPORT LTD 396179 06-Jul-2016 REFUND 4,881.17 RUSIC,LILLIAN 396614 20-Jul-2016 REFUND 834.60 SACCO CONSTRUCTION LTD 396615 20-Jul-2016 CONTRACT SERVICES 15,985.13 SACCO CONSTRUCTION LTD 396825 28-Jul-2016 CONTRACT SERVICES 191,211.28 SAFETY KLEEN SYSTEMS INC 396826 28-Jul-2016 CONTRACT SERVICES 113.00 SAFETY KLEEN SYSTEMS INC 397000 03-Aug-2016 CONTRACT SERVICES 1,197.29 SAFETY-KLEEN CANADA INC.OIL DIVISION 396389 13-Jul-2016 CONTRACT SERVICES 1,505.80 SALANDRIA LTD 396827 28-Jul-2016 CONTRACT SERVICES 36,849.98 SANI GEAR 396180 06-Jul-2016 MATERIALS 325.16 SANI GEAR 395994 29-Jun-2016 MATERIALS 455.68 SANI GEAR 396390 13-Jul-2016 MATERIALS 483.64 SANI GEAR 397001 03-Aug-2016 MATERIALS 1,915.35 SANI GEAR 396828 28-Jul-2016 MATERIALS 3,354 97 SANI GEAR 396616 20-JuI-2016 MATERIALS 3,858.11 SCARINGI,ANTHONY 397002 03-Aug-2016 MATERIALS 150.00 SCHACHOWSKOJ,KENT 395995 29-Jun-2016 TRAVEUMILEAGE 42.93 SCHOONINGS,CORNELIUS 396391 13-Jul-2016 SERVICES 100.00 SCHOOT UITERKAMP,LISSA 396016 29-Jun-2016 TRAVEUMILEAGE 42.66 SCOTT BEST SEWER SERVICES 397003 03-Aug-2016 CONTRACT SERVICES 1,322.10 SCOTT BEST SEWER SERVICES 395996 29-Jun-2016 CONTRACT SERVICES 1,570.70 SCOTT CONSTRUCTION NIAGARA INC 396829 28-Jul-2016 CONTRACT SERVICES 51,901.58 SCOTT,CHRISTOPHER MICHAEL 395997 29-Jun-2016 REFUND 40.00 SCOZZAFAVA,JOSEPHINE 396617 20-Jul-2016 REFUND 56.36 SEALER WORKS INC. 397004 03-Aug-2016 CONTRACT SERVICES 343.52 SEALER WORKS INC. 396393 13-Jul-2016 MATERIALS 1,989.37 SEALER WORKS INC. 396618 20-Jul-2016 CONTRACT SERVICES 3,153.63 SEAWAVES DEVELOPMENT SERVICES INC. 396830 28-Jul-2016 CONTRACT SERVICES 43,480.15 SEAWAY FLUID POWER GROUP 396392 13-Jul-2016 STORES/INVENTORY 1,472 08 SEIBEL,EMILY 396181 06-Jul-2016 SERVICES 50.00 SEIBEL,KEN 396182 06-Jul-2016 SERVICES 50.00 SENKERIK FIRE PROTECTION 396183 06-Jul-2016 MATERIALS 99.43 SENKERIK FIRE PROTECTION 396831 28-Jul-2016 CONTRACT SERVICES 463.30 SENKERIK FIRE PROTECTION 397005 03-Aug-2016 CONTRACT SERVICES 841.84 SERVICEMASTER CLEAN OF NIAGARA 396833 28-Jul-2016 CONTRACT SERVICES 6,686.50 SHABRI PROPERTIES 396394 13-Jul-2016 REFUND 1,638.61 SHADOW GRAPHIC 396621 20-Jul-2016 MATERIALS 3,927.88 SHEEHAN ARBITRATION MEDIATION SERVICES 396396 13-Jul-2016 CONSULTING SERVICES 886.75 SHEEHAN MECHANICAL(2002)INC 396395 13-Jul-2016 CONTRACT SERVICES 3,537.13 SHELTON,HARVEY 396622 20-Jul-2016 TRAINING 100.00 SHERRARD KUZZ LLP 396834 28-Jul-2016 CONTRACT SERVICES 423.75 SHERWIN-WILLIAMS 396397 13-Jul-2016 STORES/INVENTORY 135.74 SHERWIN-WILLIAMS 396623 20-Jul-2016 STORES/INVENTORY 422.80 SHRED IT INTERNATIONAL ULC 396624 20-Jul-2016 CONTRACT SERVICES 126.07 SIDOFF,MARUSCIA 396184 06-Jul-2016 REFUND 362.27 SIGNATURE SIGNS 395998 29-Jun-2016 MATERIALS 1,923.83 SIMMONDS,TERESA 396565 20-Jul-2016 TRAVEL/MILEAGE 110.16 SIMPLISTIC LINES INC 396625 20-Jul-2016 MATERIALS 5,766.11 SIMPLISTIC LINES INC 396835 28-Jul-2016 MATERIALS 7,066.19 SIMPSON,ERIKA 396398 13-Jul-2016 REFUND 50.00 SIMS,PEGGY SUE 396626 20-Jul-2016 REFUND 548.33 SIRIANNI,PATRICK 396399 13-Jul-2016 MATERIALS 1,549.59 SMITH,BRIAN 396836 28-Jul-2016 MATERIALS 30.00 SMITH,ROBERT CALEB&SMITH,DANIELLE ERIN 396837 28-Jul-2016 REFUND 53.12 SNAP NIAGARA FALLS 396185 06-Jul-2016 ADVERTISING 293.80 SNOW,BILL 396186 06-Jul-2016 REFUND 1.000.00 SOLAR DYNAMICS CORPORATION 396400 13-Jul-2016 REFUND 500.00 SOLARIUMS,WARREN 396187 06-JuI-2016 REFUND 750.00 SOUVENIR CITY INC 395999 29-Jun-2016 REFUND 750.00 SPEARE SEEDS 397006 03-Aug-2016 MATERIALS 2,746.58 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 396002 29-Jun-2016 VEH ID#683 404 39 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 396190 06-JuI-2016 VEH ID#685 521.22 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 396628 20-JuI-2016 VEH ID#82 564.13 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 396402 13-JuI-2016 VEH ID#82 4,486.86 Page 15 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ST JOHN AMBULANCE 396842 28-Jul-2016 GRANT 2,741.67 ST JOHN AMBULANCE 396841 28-Jul-2016 GRANT 34,910.81 ST ONGE,EUGENE EDGAR 396192 06-Jul-2016 REFUND 25.00 STAMFORD HOME HARDWARE 396401 13-Jul-2016 MATERIALS 32.80 STANCO SIGNS INC. 397007 03-Aug-2016 MATERIALS 259.90 STANGL'S ENVIRO LAWN CARE 397008 03-Aug-2016 CONTRACT SERVICES 152.55 STANGL'S ENVIRO LAWN CARE 396188 06-Jul-2016 CONTRACT SERVICES 242.95 STAPLES ADVANTAGE 397009 03-Aug-2016 STORES/INVENTORY 91.67 STAPLES ADVANTAGE 396627 20-Jul-2016 STORES/INVENTORY 135.33 STAPLES ADVANTAGE 396838 28-Jul-2016 STORES/INVENTORY 1,028.80 STAPLES ADVANTAGE 396189 06-Jul-2016 STORES/INVENTORY 2,509.34 STAPLES ADVANTAGE 396000 29-Jun-2016 STORES/INVENTORY 4,247.82 STAR COLLISION SERVICE 396001 29-Jun-2016 VEH ID#562 3,261.75 STARBUCKS COFFEE CANADA 396839 28-Jul-2016 REFUND 852.55 STERNE,THOMAS ROBERT&CHENG, SUI QIONG 396003 29-Jun-2016 REFUND 1,713.59 STEVE LUDZIK FOUNDATION 396867 29-Jul-2016 MATERIALS 1,500.00 STEVENSVILLE LAWN SERVICE INC 396004 29-Jun-2016 MATERIALS 8,668.91 STEWART,ROBERT 396629 20-Jul-2016 REFUND 152.01 STICCA,JAMES 396403 13-Jul-2016 TRAVEL/MILEAGE 109.00 STIEFEL,ROLF 396191 06-Jul-2016 REFUND 1,403.32 STITCH IT CANADA'S TAILOR 396840 28-Jul-2016 MATERIALS 28.21 STITCH IT CANADA'S TAILOR 396005 29-Jun-2016 MATERIALS 39.47 STOKES INTERNATIONAL 396843 28-Jul-2016 MATERIALS 366.29 STORAGE NIAGARA 397010 03-Aug-2016 CONTRACT SERVICES 644.10 STORAGE NIAGARA 396006 29-Jun-2016 CONTRACT SERVICES 792.22 STRANGES,LOU 396007 29-Jun-2016 TRAVEL/MILEAGE 261.14 STREAMLINE UPHOLSTERY INC 396404 13-Jul-2016 VEH ID#306 372.90 SUN LIFE ASSURANCE COMPANY OF CANADA 00029-0003 11-July-2016 PAYROLL REMITTANCE 414,953.35 SUN LIFE ASSURANCE COMPANY OF CANADA 00032-0006 1-Aug-2016 PAYROLL REMITTANCE 794,490.70 SUN LIFE ASSURANCE COMPANY OF CANADA-BILLING AND CO 396406 13-Jul-2016 REMITTANCE 2,771.76 SUN MEDIA CORPORATION 396845 28-Jul-2016 ADVERTISING 11,071.19 SUNCOR ENERGY PRODUCTS PARTNERSHIP 396630 20-Jul-2016 FUEL 20,351.34 SUNCOR ENERGY PRODUCTS PARTNERSHIP 397011 03-Aug-2016 FUEL 38,202.86 SUNCOR ENERGY PRODUCTS PARTNERSHIP 396405 13-Jul-2016 FUEL 41,034.43 SUNCOR ENERGY PRODUCTS PARTNERSHIP 396193 06-Jul-2016 FUEL 41,386.43 SUNCOR ENERGY PRODUCTS PARTNERSHIP 396844 28-Jul-2016 FUEL 55,491.45 SUNCOR ENERGY PRODUCTS PARTNERSHIP 396008 29-Jun-2016 FUEL 56,699.54 SUPERIOR LAUNDRY SERVICE LTD. 397013 03-Aug-2016 CONTRACT SERVICES 148.60 SUPERIOR LAUNDRY SERVICE LTD. 396408 13-Jul-2016 CONTRACT SERVICES 188.15 SUPERIOR LAUNDRY SERVICE LTD. 396631 20-Jul-2016 CONTRACT SERVICES 214.72 SUPERIOR WHOLESALE FOODS 396407 13-Jul-2016 MATERIALS 612.24 SYMPOSIUM TECHNOLOGIES INC 396632 20-Jul-2016 MATERIALS 2,260.00 T&T DRY CLEANERS&TAILORS 396421 13-Jul-2016 MATERIALS 67.80 TALK WIRELESS INC 396009 29-Jun-2016 VEH ID#181 229.16 TALK WIRELESS INC 396195 06-Jul-2016 MATERIALS 1,908.01 TALK WIRELESS INC 396846 28-Jul-2016 CONTRACT SERVICES 3,174.74 TARNOY,VICTOR 396409 13-Jul-2016 REFUND 1,250.00 TARTEN EQUIPMENT LIMITED 396633 20-JuI-2016 CONTRACT SERVICES 926.49 TAXITAB 397014 03-Aug-2016 CONTRACT SERVICES 8,254.20 TAXITAB 396196 06-Jul-2016 CONTRACT SERVICES 9,437.85 TAYLOR,TONY 396410 13-Jul-2016 TRAVEL/MILEAGE 191.21 TD CANADA TRUST 396847 28-Jul-2016 REFUND 159.85 TD CANADA TRUST 396411 13-Jul-2016 REFUND 1,771.44 TELUS COMMUNICATIONS COMPANY 396634 20-Jul-2016 SERVICES 468.95 TELUS COMMUNICATIONS COMPANY 396197 06-Jul-2016 SERVICES 745.80 TELUS COMMUNICATIONS COMPANY 397015 03-Aug-2016 SERVICES 3,846.74 TELUS COMMUNICATIONS COMPANY 396635 20-Jul-2016 SERVICES 9,257.36 TEMCHUK,GARRY 396848 28-Jul-2016 REFUND 118.88 TEMPUS VIDEO PRODUCTIONS 396412 13-Jul-2016 SERVICES 250.00 TENAQUIP LIMITED 396636 20-Jul-2016 MATERIALS 75.88 TERANET INC 396849 28-Jul-2016 REMITTANCE 10,000.00 THERIAULT,DIANA OR LEONARD 396413 13-Jul-2016 REFUND 750.00 THERMO KING EASTERN CANADA 396850 28-Jul-2016 STORES/INVENTORY 423.41 THOMAS COMPANY NIAGARA LIMITED 396198 06-Jul-2016 REFUND 2,408.95 THOMAS.MILLIE 396637 20-Jul-2016 REFUND 284.85 THOMAS-CLAPP,SUE 397016 03-Aug-2016 MATERIALS 100.00 THOMPSON,IRENE 395808 24-Jun-2016 REFUND 142.23 THOROWEST PLAZA LTD 396199 06-Jul-2016 REFUND 5,302.69 THYSSENKRUPP ELEVATOR(CANADA)LIMITED 396010 29-Jun-2016 CONTRACT SERVICES 155.53 THYSSENKRUPP ELEVATOR(CANADA)LIMITED 397017 03-Aug-2016 CONTRACT SERVICES 158.02 THYSSENKRUPP ELEVATOR(CANADA)LIMITED 396851 28-Jul-2016 CONTRACT SERVICES 683.83 TIKKY,MARIANNE 396852 28-Jul-2016 TRAVEL/MILEAGE 59.94 TIKKY,MARIANNE 396414 13-Jul-2016 PETTY CASH 124.25 TIM HORTONS STORE#30 396200 06-Jul-2016 MATERIALS 143.81 Page 16 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount TIM L DOBBIE CONSULTING LTD 396853 28-Jul-2016 MATERIALS 2,260.00 TODD MORGAN HOLDING CORPO 396201 06-Jul-2016 REFUND 2,089.49 TOLLER,PETER 396011 29-Jun-2016 MATERIALS 1,500.00 TOMAS,KRESIMIR 396854 28-Jul-2016 REFUND 4168 TOOKE,STERLING 396415 13-Jul-2016 REFUND 750.00 TOP NOTCH PROMOTIONAL PRODUCTS INC 396416 13-Jul-2016 MATERIALS 2,191.04 TOROMONT INDUSTRIES LTD 396202 06-Jul-2016 VEH ID#203 164.02 TOROMONT INDUSTRIES LTD 396638 20-Jul-2016 VEH ID#535 1,078.05 TOROMONT INDUSTRIES LTD 396012 29-Jun-2016 VEH ID#536 2,390.78 TOROMONT INDUSTRIES LTD 397018 03-Aug-2016 VEH ID#536 4,712.47 TOROMONT INDUSTRIES LTD 396417 13-Jul-2016 VEH ID#536 6,145.34 TORONTO STAMP INC 397019 03-Aug-2016 MATERIALS 42.92 TRADE A DOLLAR INC 396203 06-Jul-2016 REFUND 1,341.47 TRANSAXLE PARTS(HAMILTON)INC. 396418 13-Jul-2016 STORES/INVENTORY 114.99 TRANSAXLE PARTS(HAMILTON)INC. 396204 06-Jul-2016 STORES/INVENTORY 566.41 TRANSAXLE PARTS(HAMILTON)INC. 397020 03-Aug-2016 STORES/INVENTORY 714.95 TRANSAXLE PARTS(HAMILTON)INC. 396639 20-Jul-2016 STORES/INVENTORY 981.28 TRANSAXLE PARTS(HAMILTON)INC. 396013 29-Jun-2016 STORES/INVENTORY 3,602.44 TRANSPORTATION SAFETY TRAINING 397021 03-Aug-2016 TRAINING 2,260.00 TRAP DOC INC. 397022 03-Aug-2016 CONTRACT SERVICES 250.86 TRIPLE D MASONRY 396419 13-Jul-2016 CONTRACT SERVICES 820.25 TRUGREEN 396420 13-Jul-2016 MATERIALS 331.09 TRUGREEN 396640 20-Jul-2016 CONTRACT SERVICES 585.45 TRUGREEN 396014 29-Jun-2016 CONTRACT SERVICES 1,088.19 TSOURKAN,TATIANA 396205 06-Jul-2016 REFUND 500.00 TWARDAWSKY,NICK 396422 13-Jul-2016 TRAVEL/MILEAGE 88.56 TYCO INTEGRATED FIRE&SECURITY 396015 29-Jun-2016 CONTRACT SERVICES 1,758.28 UCC INDUSTRIES INTERNATIONAL INC 397023 03-Aug-2016 MATERIALS 13,823.29 UNITED WAY 396855 28-Jul-2016 PAYROLL REMITTANCE 926.00 UNITED WAY 396206 06-Jul-2016 PAYROLL REMITTANCE 1,409.00 UPPER CANADA CONSULTANTS 396017 29-Jun-2016 CONTRACT SERVICES 5,264.14 UPPER CANADA CONSULTANTS 397024 03-Aug-2016 CONSULTING SERVICES 6,280.65 URBAN&ENVIRONMENTAL MANAGEMENT INC 396423 13-Jul-2016 CONTRACT SERVICES 4,565.20 URBAN&ENVIRONMENTAL MANAGEMENT INC 397025 03-Aug-2016 CONSULTING SERVICES 39,534.41 V GIBBONS CONTRACTING LTD 396019 29-Jun-2016 CONTRACT SERVICES 138,191.55 VADIM COMPUTER MANAGEMENT GROUP LTD 396641 20-Jul-2016 MATERIALS 18,821.28 VALLEN 396208 06-Jul-2016 MATERIALS 1,306.89 VALUE MUFFLER&BRAKE CENTRE 396424 13-Jul-2016 VEH ID#261 108.91 VALUE MUFFLER&BRAKE CENTRE 396209 06-Jul-2016 VEH ID#141 414.36 VAN HAL,DALE-ANN 396425 13-Jul-2016 REFUND 750.00 VAN HOUTTE COFFEE SERVICES INC 396210 06-Jul-2016 MATERIALS 210.98 VAN HOUTTE COFFEE SERVICES INC 396018 29-Jun-2016 MATERIALS 220.95 VAN-SCHAIK,WILLIAM 396642 20-Jul-2016 REFUND 137.02 VARGUS GARAY,GISELLA 396426 13-Jul-2016 REFUND 10.00 VAUGHAN,DARLENE 397026 03-Aug-2016 MATERIALS 40.00 VENERINO V.P.PANIC!ARCHITECT INC. 397027 03-Aug-2016 MATERIALS 13,849.42 VERMEER,KARIN 396643 20-Jul-2016 REFUND 207.19 VICTORIA CENTRE BIA 397028 03-Aug-2016 2016 BIA LEVY 118,750.00 VIDA,JENNIFER LYNNE 396020 29-Jun-2016 REFUND 500.00 VIKING CIVES LTD 397029 03-Aug-2016 VEH ID#87/101/680/681 5,513.26 VISENTIN,JOHN FRANKLIN 396856 28-Jul-2016 REFUND 93.27 VOITH TURBO 397030 03-Aug-2016 STORES/INVENTORY 1,399.17 VOKEY,JEREMEY 397031 03-Aug-2016 MATERIALS 150.00 WACHS CANADA LTD 396021 29-Jun-2016 MATERIALS 83.60 WAJAX EQUIPMENT#30 396427 13-Jul-2016 VEH ID#214 3,662.21 WAJAX POWER SYSTEMS 396428 13-Jul-2016 STORES/INVENTORY 1,051.89 WAJAX POWER SYSTEMS 396211 06-Jul-2016 MATERIALS 1,628.34 WAJAX POWER SYSTEMS 396022 29-Jun-2016 STORES/INVENTORY 2,187.21 WAJAX POWER SYSTEMS 396644 20-Jul-2016 STORES/INVENTORY 5,715.97 WAJAX POWER SYSTEMS 397032 03-Aug-2016 MATERIALS 23,444.24 WALKER AGGREGATES INC 397033 03-Aug-2016 MATERIALS 1,708.84 WALKER AGGREGATES INC 396429 13-Jul-2016 MATERIALS 2,246.46 WALKER AGGREGATES INC 396212 06-Jul-2016 MATERIALS 4,397.23 WALKER AGGREGATES INC 396645 20-Jul-2016 MATERIALS 4,625.69 WALKER AGGREGATES INC 396023 29-Jun-2016 MATERIALS 7,087.99 WALKER ENVIRONMENTAL GROUP INC. 397034 03-Aug-2016 MATERIALS 90.85 WALKER ENVIRONMENTAL GROUP INC. 396213 06-Jul-2016 REFUND 1,483.23 WALKER ENVIRONMENTAL GROUP INC. 396646 20-Jul-2016 REFUND 34,693.78 WALL,LISA 396214 06-Jul-2016 TRAVEUMILEAGE 69.12 WALSH,JOHN 396430 13-Jul-2016 TRAVEL/MILEAGE 20.00 WALTERS,MARLO 396647 20-Jul-2016 REFUND 43.25 WARCHALA,MICHAEL 396648 20-Jul-2016 TRAVEL/MILEAGE 148.50 WARREN SOLARIUMS 397036 03-Aug-2016 REFUND 750.00 WARREN,FRED 396857 28-Jul-2016 REFUND 16.95 Page 17 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount WASHINGTON,DEBORAH 396431 13-Jul-2016 TRAVEL/MILEAGE 40.00 WASTE MANAGEMENT 397037 03-Aug-2016 CONTRACT SERVICES 115.50 WATER CONCEPTS 396432 13-Jul-2016 MATERIALS 283.63 WATERS,RON 396024 29-Jun-2016 REFUND 15.81 WAX WORKS,INC US DRAFT 12-Jul-2016 MATERIALS 202.86 WELLMASTER PIPE&SUPPLY 397038 03-Aug-2016 MATERIALS 5,613.16 WESCO DISTRIBUTION CANADA INC 396025 29-Jun-2016 STORES/INVENTORY 65.29 WESTPIER MARINE&INDUSTRIAL SUPPLY INC. 396026 29-Jun-2016 STORES/INVENTORY 116.62 WESTPIER MARINE&INDUSTRIAL SUPPLY INC. 396433 13-Jul-2016 STORES/INVENTORY 503.35 WHELAN,MICHAEL 396649 20-Jul-2016 REFUND 199.55 WICKS,PHILIP 396028 29-Jun-2016 REFUND 65.00 WINICK,HOWARD&WINICK,DONNA 396858 28-Jul-2016 REFUND 692.46 WINTER FESTIVAL OF LIGHTS 396859 28-Jul-2016 GRANT 28.500.00 WOLSELEY CANADA INC. 396435 13-Jul-2016 MATERIALS 1,566.73 WOMEN'S PLACE OF SOUTH NIAGARA INC 396860 28-Jul-2016 GRANT 1,612.50 WORK AUTHORITY 396216 06-Jul-2016 MATERIALS 300.00 WORK AUTHORITY 397040 03-Aug-2016 MATERIALS 600.00 WORK EQUIPMENT LTD 396029 29-Jun-2016 VEH ID#289 442.08 WORRALL,JOANN 396861 28-Jul-2016 REFUND 183.85 WRIGHT,BARRY 396030 29-Jun-2016 TRAINING 2,000.00 WSIB 396217 06-Jul-2016 PAYROLL REMITTANCE 1,133.37 WSIB 397041 03-Aug-2016 REMITTANCE 28,344.79 WSIB 396031 29-Jun-2016 REMITTANCE 28,684.80 WSIB 396862 28-Jul-2016 REMITTANCE 82,537.93 WSP CANADA INC 396032 29-Jun-2016 MATERIALS 10,836.70 WYLIE,BRENDA 397042 03-Aug-2016 PETTY CASH 439.45 XEROX BUSINESS SERVICES LLC US DRAFT 2-Aug-2016 MATERIALS 1,760.00 YELLOW PAGES GROUP 396218 06-Jul-2016 CONTRACT SERVICES 519.30 YELLOW PAGES GROUP 396651 20-Jul-2016 ADVERTISING 709.60 YMCA OF NIAGARA 396438 13-Jul-2016 CONTRACT SERVICES 1,611.19 YMCA OF NIAGARA 396219 06-Jul-2016 CONTRACT SERVICES 2,417.76 YMCA OF NIAGARA 397044 03-Aug-2016 CONTRACT SERVICES 3,659.57 YMCA OF NIAGARA 396652 20-Jul-2016 MATERIALS 3,956.68 YWCA NIAGARA REGION 396863 28-Jul-2016 GRANT 4,277.75 ZAMBONI COMPANY LTD 397045 03-Aug-2016 VEH ID#918 1,537.35 ZAMBONI COMPANY LTD 396220 06-Jul-2016 VEH ID#918 3,659.51 ZANINI,RON 396864 28-Jul-2016 MATERIALS 30.00 ZAPPITELLI,FRANK&ZAPPITELLI,MARIA 396439 13-Jul-2016 REFUND 500.00 ZETTEL,BRITTANY 396653 20-Jul-2016 MATERIALS 175.00 ZHAN,SHUYUAN 396654 20-Jul-2016 REFUND 180.22 Total 21,278,312.61 F-2016-34 NiagaraFnlls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2016-34 2016 Copier Lease Renewal RECOMMENDATION That Council direct staff to proceed with a lease of Ricoh equipment through the Ministry of Government Services Vendor of Record program. EXECUTIVE SUMMARY The lease for the City fleet of copiers is expiring this October. Staff initiated a review of the City's copiers as well as the conventional fleet of printers used throughout the Corporation. This review has resulted in a staff recommendation to use the Province's Vendor of Record program for leasing copiers for a 5 year term. The Vendor of Record program was initiated by the Province to provide its departments, agencies and the broader public services with opportunities to purchase goods and services more efficiently. In 2016, the City budgeted annual printing costs of $104,543. The City's initiative to utilize this strategy, as well as consolidating printers, will result in annual savings of approximately $34,563 (or 33%) of the total budget. BACKGROUND In 2010, the Ministry of Government Services implemented a policy that provincial government contracts for certain products would be negotiated for the entire province and the vendor with the best offering would be selected for a set term. This agreement was offered to all broader public services to take advantage of. The Ministry invited all vendors of photocopiers to submit a bid that met the terms of their RFP. At the end of the process the government selected Ricoh as the vendor of record. Currently many municipalities in the province adopted the Vendor of Record. Locally, the City of Welland has used this program. The City currently has a lease expiring in October 2016 for 24 copiers. The City also has a fleet of 87 printers ranging from small personal printers to large office printers. The main reason for the office printers is for the ability to print envelopes. The main reason for the personal printers is confidentiality. The majority of the office printer fleet is nearing the end of its useful life. 2 F-2016-34 August 23, 2016 Currently the print shop is used primarily for high volume printing/copying and binding of printed material. Several external print shops are used for print jobs that cannot be done in our print shop. There are no agreements in place with these vendors so the City pays a premium to use these services. Staff are reviewing the use of outside vendors and the print shop in anticipation of the 2017 Budget. ANALYSIS/RATIONALE Due to the term of the copier leases expiring, staff conducted a needs assessment as it relates to copiers and printers. The City staff reviewed options from the Vendor of Record Agreement with the Ministry and found that it has much lower monthly lease costs due to the volume of printers/copiers. These printers/copies have the ability to add additional features that will help the City reduce the overall print fleet and increase efficiency. Going with the Vendor of Record avoids the need to replace our conventional fleet with purchased models. It also greatly reduces toner expenditures annually. If the City does not sign on with the Vendor of Record Agreement; it will need to go through the RFP process. It is expected there will be no local bids as there are no local vendors since the closest bidder is from St. Catharines. Based on the past couple rounds of this process it can be expected that the annual cost will increase. Most of the large conventional printers are at the end of life and would need to be replaced in the next few fiscal years at a significant impact to the City's operating budget. Under the Record of Agreement each copier would have a card reader on it which would work with existing cards/fobs. These readers will allow confidential jobs to be held at the printer until the card is read by the printer; or staff can elect to have their print jobs print out as usual. Should the copier require too many service calls, it will be replaced with a new model. This is another enhancement from the existing lease since it is not currently an option the City has. The new copiers will also be set up to automatically inform the vendor when the toner is running low or alert the vendor when a maintenance call is required. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Significant savings will be realized by replacing current copiers and high volume printers with the newer leased models. Additional savings can also be realized by eliminating the majority of small personal printers throughout the City. The current annual cost of printing (not including copier usage) is $104,543. The estimated annual cost of printing would be $69,980 under the proposed program, which results in savings of $34,563 annually. 3 F-2016-34 August 23, 2016 /a*114/- if' Recommended by: f -- Todd Harrison, Director of Finance Respectfully submitted: I*41141/1A Ken Todd, Chief Administrative Officer HR-2016-01 Niagaraaalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources Department SUBJECT: HR-2016-01 Employee Assistance Program (Benefits Provider) RECOMMENDATION That Council approve SHEPELL Benefits Consultants as the recommended Benefits Provider for the City of Niagara Falls Employee Assistance Program (EAP), for a five (5) year term contract period, commencing January 1, 2017. BACKGROUND The City of Niagara Falls has been providing employee assistance program benefits to its employees for several years. These benefits cover a wide variety of critical services to both employees and their immediate family members. Such services include: counselling services for a wide variety of topics (addiction, change management, stress management, mental health, life coaching, professional development etc), smoke cessation programs, financial tips, nutrition counselling and healthy active living guidance and resources. EAP programs are intended to assist employees with various aspects of their mental, physical, social, psychosocial and financial health. ANALYSIS/RATIONALE In selecting the preferred consultant of choice for this RFP, the City established an Evaluation & Selection Committee to review and interview three (3) brokerage firms. The committee was made up of three (3) internal staff members (2 Senior Staff and 1 Manager), and one (1), external representative with an extensive background in the administration of employee group benefits within the public sector. All three (3) candidates were allotted 30 minutes for their presentation in which they were requested to highlight the following to the Committee: Outline their company's commitment to customer service. Highlight their company's key consulting services, and discuss any value-added services their firm may offer to the City. Explain how these services would benefit the City of Niagara Falls. Following the presentations from all three (3) candidates, the committee had a set of interview questions that were asked to each of them. The questions were the same for all candidates and based on a criteria outlined from the City in the RFP. The Evaluation & Selection Committee unanimously scored SHEPPELL with the highest ranking. Without question, SHEPPELL services are recognized as a premier, nation- wide leader in the employee assistance program benefits business, serving over 370 municipalities across Canada, including many from the GTA to southern Ontario (Mississauga, Peel Region, Vaughan, Hamilton, Burlington, St. Catharines, Port Colborne, as well as many others). FINANCIAL/STAFFING/LEGAL IMPLICATIONS The annual premium paid out to the current EAP provider (Ceridian Lifeworks), is $22,493.40. This amount is paid over a 12 month period of $1,874.45 per month. Below, you will find the quotes received from all three (3) consulting firms bidding on this contract. FIRM $ PRICING CONTRACT 1. Sheppell $28,954 per year 5 year fixed rate 2. Aspiria $23,712 per year 3 year 3. Lidkea Stob $34,000 per year 3 year fixed rate It is important to note, although Aspiria came in as the lowest bid, their proposal was only based on a three (3) year term. Sheppell's proposal was based on a five (5) year fixed rate. Further, Aspiria's proposal was based on a utilization rate of 12%, and Sheppell's was based on a rate of 15% utilization. Data from 2012 to 2015 shows City utilization rates have ranged from 15% to 20%. An increase in utilization rates can result in higher annual premiums. However, one of the added value services offered from Sheppell would be the cost savings of a 5 year fixed rate term as opposed to three (3) year term. The total difference in price between the lowest bid (Aspiria) and the second lowest bid (Sheppell), was only $5,242.00. With a five (5) year fixed rate, and the City's current utilization data, there may be more cost savings with Sheppell over the five (5) years. Additionally, Sheppell' proposal does offer City staff a greater variety and higher quality of employee assistance program services to access for them and their families, including an office in the small business centre across from Niagara Falls City hall. Recommended by: Trent Dark, Director of Human Resources Respectfully submitted: 444frItAi Ken Todd, Chief Administrative Officer HR-2016-02 NiagaraJalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources Department SUBJECT: HR-2016-02 Benefits Renewal RECOMMENDATION That Council approve the renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental, and Long Term disability insurance, for the period of September 1, 2016 to September 1, 2017 and a premium rate increase of 1.8%. BACKGROUND Corporate employee health benefits are underwritten by Sun Life and are scheduled to renew on September 1, 2016. For the past three years, the City has been fortunate to have a three year premium rate guarantee for Life and Disability benefits. However, following negotiations with Sun Life, as well as favourable claims utilization trends, the proposed increase is recommended at 1.8% or approximately $85,000. These changes also reflect collective bargaining enhancements negotiated with the City's three bargaining units. Following the 2016-2017 year, the City of Niagara Falls will conduct a comprehensive market review of its benefit program. The practice has been to conduct such market reviews every 3-5 years. ANALYSIS/FINANCIAL IMPLICATIONS The goal of setting new premium rates is to ensure that the premiums are within the City's fiscal budget, as well to sufficiently fund the benefit plan to support its claims activity. Based on our claims utilization and trends experience, and in consultation with our benefits consultant, we are confident that the proposed and negotiated premium increase is reasonable. While the annualized increase on premiums is $85,000, given that the rates are effective September, the impact will result in a $30,000 or 06% increase this year. However, this premium increase adjustment was previously forecasted and allocated within the current fiscal year budget for 2016. // Recommended by: Trent Dark, Director of Humafi Resources Respectfully submitted: ii‘Lat- Ken Todd, Chief Administrative Officer L-2016-13 N: garajalls August 23, 2016 A\GUA REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-13 The Niagara Parks Commission and the City Sign Licence Agreement Railroad Bridge McLeod Road and Marineland Parkway Our File No. 2006-311 RECOMMENDATION 1. That the City extend the Agreement permitting the Niagara Parks Commission to affix a sign to the bridge crossing Marineland Parkway at McLeod Road for a term of five years in the form prepared by the Niagara Parks Commission. 2. That the Mayor, Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the Agreement. EXECUTIVE SUMMARY The Niagara Parks Commission seeks to renew a long-standing license for a sign that is located on the McLeod Road bridge over Marineland Parkway. BACKGROUND For many years, the Niagara Parks Commission has maintained a sign which is attached to the City owned bridge which crosses Marineland Parkway. The sign has been used to advertise the Niagara Falls and the Great Gorge Adventure and access to the Wego. The annual fee for the license is $2,500.00. The term of the Agreement has expired and the Niagara Parks Commission seeks renewal of the Agreement. Certain amendments are requested, the most significant of these are: • The Niagara Parks Commission wishes to be able to advertise any of its attractions on the sign, not just the Niagara Falls and the Great Gorge Adventure. • The Niagara Parks Commission is seeking two renewal terms of five years each, without any increase in compensation to the City during that period. 2 L-2016-13 August 23, 2016 • The Niagara Parks Commission seeks to amend the City's standard environmental liability clause to delete any obligation to clean up any environmental contamination caused by the presence and installation of the sign. • The Niagara Parks Commission wants to terminate the agreement on 30 days notice. • The Niagara Parks Commission wishes to delete the indemnity that is in the existing agreement. ANALYSIS/RATIONALE Given the relatively minor risks associated with having a sign on the bridge, staff do not have serious concerns about the deletion of the indemnity. The Niagara Parks Commission likely erred in agreeing to the indemnity in the first place because approval of an indemnity for provincial authority actually requires the involvement of the Provincial Ministry of Finance. The license provides for insurance in a form acceptable to the City, such insurance should be adequate protection for the City, given the relatively minor risk associated with the sign. The renewal of the lease, at the current rate, for a period of 15 years is something that staff cannot recommend. The current $2,500.00 fee has been in place since 2004. At that time, the city had the benefit of advisors to set to rate. It is likely the cost of advertising has increased since 2004. Staff are willing to recommend extending the lease one more term at the existing rate but recommend against further extension without the opportunity to increase the rental rate. FINANCIAL IMPLICATIONS An annual rental of $2,500.00 per annum for five years. CITY'S STRATEGIC COMMITMENT The proposed Agreement is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. Recommended by: j711 • 641/1/1"- Ken Beaman, City So ' itor Respectfully submitted: Ken Todd, Chief Administrative Officer KB L-2016-16 Nia aarraFalis August 23, 2016 V 1-V V.,II, REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-16 Canamed (Stamford) Limited Assignment of Lease to Portage Road Holdings Limited Parking Lot Adjacent to 4256 Portage Road Our File No. 2007-293 RECOMMENDATION 1. That Council approve the assignment of the lease of the parking lot adjacent to 4256 Portage Road, in the City of Niagara Falls to the purchaser of 4256 Portage Road. 2. That the Mayor, Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the assignment. BACKGROUND In 2007, Council approved a lease of a portion of the old NS & T Railway Lands for use as a parking lot by the medical center located at 4256 Portage Road. The owner of 4256 Portage Road is now selling that property and seeks the approval of Council of an assignment of that lease to the purchaser. The annual rental on the lease is $1,600.00. The lease provides for a further payment to the City of $3,000.00 annually with the proviso that this money be applied to doctor recruitment. The terms of the lease also required a one-time payment to the City of $13,000.00 to be applied to trail development. The purchaser of 4256 Portage Road will be an affiliate of Gross Capital and Gross Properties, two companies which between them own and manage over 4,000,000 ft.2 of commercial real estate, including 19 medical office buildings throughout Ontario. The lease expires in 2018 and can be renegotiated with the new tenant at that time. 2 L-2016-16 August 23, 2016 ANALYSIS/RATIONALE The efficient operation of 4256 Portage Road requires the use of this land for parking and no municipal purpose would be served by declining to agree to an assignment of the lease. CITY'S STRATEGIC COMMITMENT The proposed Assignment of Lease is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. LIST OF ATTACHMENTS Attachment 1 —Aerial Photograph f Recommended by: aceen,„0.._ Ken Beaman, City Solicitor Respectfully submitted: 1")1144 p Y Ken Todd, Chief Administrative Officer KB 8/14/2016 7e81a08e-0a77 4029 aa9d b2283eb1db60.jpg(540x684) lik-,--.: -..;::::,..-3,, , ka.Z.,:.1' '•,'•:7!..T...---- ' '---. '7,, k : 1__.....7.;..„-:-.:".-itc-jci)7,,I.., 4. ,..1•• ' . S i ' 4 Ft d '4 `:•:-.4•••;'1•..' ,1,t07,';•.::-.,.,-,11-,:::,?,:,. a �,ky • -.�a 4 K wkvh6 ,; A X ,{ • • c)tt ". tet. .. �ii r"a' ,w s. -. � . . ° ,744x' 3"°` ,,p,b .5 # s xa " .x r' z (i ,'' '..' , ' ':.-''.' '.''..*:. ' ',i4,17 22'''' , 4.:::.: ..'it,' .414 E 14\ k 4 f'''''''''.4*'*'''4.1r4416a4i,''''''.'''A''\''''10,(14• \ '''''''' '' s • - ,px am .�a 'A` _ M � ..ems irk::, a ' � 742£ y .-�•�y r 4 ••:-;!--i'4;-' ,..:. .4- '... t 3F'..,i.,.,. ..,, 41'....;,.. el a '' .. ,_ v. .m., r r."�- -`- <~mss i ^,j'A,•,.'-'":,:.'-',°:'''.,.;.‘ . ''''.,-,—.3,• ,--.,_ -.7•11;,i7-q.2.,.'k-- ',.1•V.",,,,,-,...‘,uv.:"1."''''''''''''' ''-- , TT.ACHMENT " 1a http://www.fal I svi ewer.ca/print 7e81 a08e-0a77-4029-aa9d-b2283eb1 db60.j pg 1/1 L-2016-17 August 23, 2016 Niagaraaa11s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-17 Residential Loan Agreement Emerald Retirement Residence 5807 Ferry Street Our File No. 2016-45 RECOMMENDATION 1. That the City accept a fourth mortgage to secure the CIP loan to be made to the owner of 5807 Ferry Street, in the City of Niagara Falls. 2. That the Mayor, Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to secure the CIP loan. EXECUTIVE SUMMARY A residential CIP loan has been approved for 5807 Ferry Street, in the City of Niagara Falls. The standard agreement the City uses to secure such loans requires the borrower to provide a second mortgage. This borrower already has three mortgages registered against the title to 5807 Ferry Street and therefore requests that the City accept a fourth mortgage. BACKGROUND By approving report PBD-2016-15 on the 12th day of April, 2016, Council approved advancing a loan pursuant to the Main and Ferry CIP Program to 2405800 Ontario Limited (Emerald Retirement Residence). The terms of the standard agreement that the City has prepared to secure such loans requires the Owner to supply the City with a second mortgage on the property at which the improvements that the loan is to fund are to be made Emerald Retirement Residence's property at 5807 Ferry Street is already subject to three mortgages. The Owner has advised that they are unable to postpone any of those mortgages to the City's mortgage. The total of the three mortgages currently registered against the title to 5807 Ferry Street total $6.8 million. The current assessed value of that property is $5.259 million. The property was assessed at $6.137 million in 2008. It was sold in 2010 for $7.5 million and sold again in 2014 four $6.730 million. The Owner of the property maintains that the equity they have in the property is in excess of$13 million. 2 L-2016-17 August 23, 2016 ANALYSIS/RATIONALE This report is not legal advice. It is prepared by Legal Services because Legal Services is charged with trying to get the security contemplated by the standard Community Improvement Program loan agreements. There is no question that the property is substantially improved since it was assessed in the latest round of assessments by MPAC. It was also assessed as a hotel, and it is likely that the building is more valuable in its current use as a retirement residence. The loans made by the City are meant to be loans which cannot be obtained from banks. The reason for the City getting involved in lending money to developers is to provide developers with funds they could not raise by conventional means. If these projects can be funded by conventional means, there is no reason for the City to be involved. The City has secured a personal Guarantee from a principal of the Borrower. FINANCIAL IMPLICATIONS No one on staff is a banker. They cannot assess the risk associated with lending money to this particular developer. That said, the theory behind the Business Development rationale to enact the Community Improvement Plans in the first instance was that conventional lenders did not appear to be prepared to fund development in the affected areas. The Business Development theory is that, unless the City is prepared to assume some of the risks associated with these projects, the projects will not to be undertaken. It is therefore, in keeping with the Business Development rationale, as reflected in the Community Improvement Plans, such as the Main and Ferry Community Improvement Plan, that have been adopted by Council, to accept a fourth mortgage as security for this loan. CITY'S STRATEGIC COMMITMENT The proposed Agreement is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. Recommended by: Ken Beaman, City Solicitor Respectfully submitted: i Ken Todd, Chief Administrative Officer KB L-2016-18 August 23, 2016 Niagaraaalls (4.,01 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-18 Warren Woods Developments Temporary Access Agreement Hydro Corridor Our File No. 2014-151 RECOMMENDATION 1. That the City of Niagara Falls enter into an agreement permitting temporary access to the lands described as part of Township Lots 185 and 199, Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Plan 59R-15168, City of Niagara Falls (the "subject lands') for the purpose of removing a pipe. 2. That the City of Niagara Falls permit 1340258 Ontario Inc. to rely upon the aforesaid temporary access agreement to enter the subject lands to remove a pipe. 3. That the City of Niagara Falls enter into an Indemnity Agreement whereby 1340258 Ontario Inc. (hereinafter referred to as "Warren Woods") assumes all risk associated with entering the subject lands to remove the pipe and to perform any other activity whatsoever. 4. That the Mayor, Clerk and City Solicitor be authorized to prepare and execute whatever documents and take whatever actions are required to perform recommendations 1 through 3. EXECUTIVE SUMMARY The completion of the ongoing development of the Warren Woods series of subdivisions requires the conveyance of the Hydro Corridor that runs through the middle of the development lands to the developer. The terms of the agreement for the purchase of the corridor lands are being negotiated between Warren Woods and Ontario Power Generation. In the meantime, Warren Woods requires temporary access to the Hydro Corridor lands in order to remove a pipe which both Warren Woods and Ontario Power Generation consider redundant and want removed. 2 L-2016-18 August 23, 2016 ANALYSIS/RATIONALE Ontario Power Generation sells land through the Ontario Infrastructure and Lands Corporation. The policies of the Ontario Infrastructure and Lands Corporation require that a municipality or other government authority act as an intermediary in any land transactions. The City is assisting Warren Woods in acquiring the Hydro Corridor. It is therefore proposed that the City enter into the Temporary Access Agreement required to allow Warren Woods to remove the pipe from the Hydro Corridor to assist Warren Woods in the course of constructing its developments. The City previously entered into such agreement with Warren Woods concerning a temporary access across the Hydro corridor for a temporary Fire Lane. The legal arrangement would be that the City would enter into the Temporary License Agreement. Warren Woods would take advantage of the temporary access and would indemnify and insure the City against any risks associated with Warren Woods' activities on the Hydro Corridor. This is the same arrangement that the City entered with respect to a temporary access for the Fire Lane over the same corridor. CITY'S STRATEGIC COMMITMENT The proposed Agreement is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. Recommended by: Ken Beaman, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer KB MW-2016-34 NiagaraaIls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2016-34 Pettit Avenue Watermain Replacement Tender Result - Contract No. 2016-364-14 RECOMMENDATION 1. The contract be awarded to the lowest bidder Alfidome Construction Limited at the tendered price of $394,519.50. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY In 2015 council approved the design and construction of the Pettit Avenue Watermain Replacement project south from Doreen Drive to the cul-de-sac. To address operational issues, the project limits were extended westerly along Morrison Street to connect to an existing 150mm PVC watermain. The extension of the watermain will eliminate two dead end connections, provide security of supply, and eliminate maintenance issues with respect to stagnant flow. Tenders bids were received from five (5) construction firms and were opened on Tuesday, August 9th, 2016. The lowest tender price was received from Alfidome Construction Limited in the amount of $394,519.50. Design and construction funding for the Pettit Avenue Watermain Replacement project was approved in the 2015 Capital Budget. Additional funding was approved in the 2016 Capital Budget to extend the watermain westerly along Morrison Street. There is sufficient funding available for the proposed tender award. BACKGROUND In 2015 council approved the design and construction of the Pettit Avenue Watermain Replacement project. Originally, the project limits extended along Pettit Avenue south from Doreen Drive to the cul-de-sac and included the replacement of the poorly MW-2016-34 August 23, 2016 performing 150mm cast iron watermain with a new 150mm DR18 polyvinyl chloride (PVC) watermain and a 50mm cross-linked polyethylene (PEX) pressure pipe loop at the cul-de-sac. The project scope also included the replacement of all water services to property line, as well as new hydrant assemblies. After discussions with operations staff, the project limits were amended and the new watermain was extended westerly along Morrison Street to connect with the existing 150mm PVC watermain currently dead ending on Morrison Street. The new connection on Morrison Street will eliminate two dead end connections, provide redundancy, and eliminate maintenance issues with respect to stagnant flow. GHD was retained by City staff to complete the design and, in 2016, council approved additional funds for the construction of the watermain along Morrison Street. A location plan has been provided as Attachment 1. ANALYSIS/RATIONALE The project tender documents were picked-up by nine (9) construction firms and five (5) bids were submitted. The Tender Opening Committee, consisting of the Director of Municipal Works, Geoff Holman, the City Clerk, Dean lorfida, the Manager of Supply and Services, Dave Butyniec and the Project Manager, Livia McEachern, opened tenders on Tuesday, August 9th, 2016. The following table summarises the totalled tender prices (excluding HST) from the contractor submissions. There were no bid corrections. Contractor City Tender Price Corrected Bid Alfidome Construction Limited Niagara Falls $394,519.50 Nexterra Substructures Inc. Niagara Falls $401,373.30 Centennial Infrastructure Inc. Niagara-on-the-Lake $444,471.°° O'Hara Trucking & Excavating Welland $532,407.0° Provincial Construction Limited Niagara Falls $551,242.°° The lowest tender price was received from Alfidome Construction Limited in the amount of $394,519.50. Alfidome Construction Limited has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. MW-2016-34 August 23, 2016 Subject to the Contractor's procurement of the required permits and/or approvals, construction is proposed to begin in September, 2016, and is expected to take fifty (50) working days. FINANCIAL IMPLICATIONS Design and construction funding for the Pettit Avenue Watermain Replacement project was approved in the 2015 Capital Budget. Additional funding was approved in the 2016 Capital Budget to extend the watermain westerly along Morrison Street. There is sufficient funding available for the proposed tender award. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: I.2..-1,41-0 P Y Ken Todd, Chief Administrative Officer Livia McEachern sr —s m , Lb c v o N c� U C° DRUMMOND RD C w E a) C) ca Q. d cc C I O O11 ' PETTIT AVE PETTIT AVE d a i �o d , M. � 2 OJ 6 o N tQ a 0 ZOO O o ,,-- z. a J d 'fid 2d J DORCHESTER RD MW-2016-35 August 23, 2016 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-35 Victoria Centre Streetscape Revitalization Phase 1 Construction Update RECOMMENDATION 1. That this report be received for information. 2. That the approved 2016 capital budget for the Victoria Centre Streetscape Revitalization Phase 1 project be amended to include additional expenses in the amount of $230,000. EXECUTIVE SUMMARY The purpose of this report is to update Council on the construction status of the first phase of the Victoria Centre Streetscape Revitalization Project. Additional funds in the amount of $230,000 are required to address costs incurred for unanticipated intersection work by the Niagara Region as well as additional consultant construction services. BACKGROUND At the April 26, 2016 City Council meeting, Niagara Falls City Council awarded Contract #2016-363-14 Victoria Centre Streetscape Revitalization Phase 1 to Rankin Construction Inc. in the amount of $3,084,307.00 +HST. Refer to attachment #1. A crucial component of this contract was City Councils mandate for a strict construction timeline that responded to the Victoria Centre BIA's request. Construction was to commence spring 2016 with a complete project shut-down and contractor demobilization during the months of July and August 2016. Construction would then resume after September 5, 2016 (Labour Day) and proceed until completion. ANALYSIS/RATIONALE During the spring 2016 construction period, the new streetscape treatment was implemented on the West side of Victoria Avenue from the Falls Avenue overpass to Walnut Street. This 2 MW-2016-35 August 23, 2016 streetscape treatment included; new decorative concrete sidewalk with coloured banding, curbs, tree plantings and intersection traffic signal works at Bender Street. In addition to streetscape treatment, the contractor also replaced the active sanitary sewer laterals within the project limits and decommissioned any old abandoned laterals. Unfortunately the new decorative street lighting was not installed along this section during the spring construction period. This was due to the supplier's inability to meet the contractual timeline for the delivery of the new street lights. As a result, temporary street lighting was erected in order to maintain public safety during the summer shut-down period. Staff are currently seeking compensation from the lighting supplier for costs associated with the temporary lighting works. To minimize potential impact on local businesses, two-way flagged traffic was implemented along the entire length of Victoria Avenue allowing full turning movements at all intersections. Part-way through the construction, the Ministry of Labour (MOL) and the Niagara Regional Police (NRP) intervened and recommended adjustments to vehicular and pedestrian traffic controls in order to ensure the health and safety of the public. The adjustments resulted in greater temporary sidewalk closures and the restriction of vehicular traffic to one-way southbound traffic only on Victoria Avenue from the highway 420 Off-Ramp to Centre Street. In order to maintain the construction schedule and enhance public safety, the contractor will be implementing a one-way traffic control and management plan in accordance with the MOL and NRP recommendations for the duration of the fall construction period, which is slated to begin on September 6th, 2016 (See attachment No. 2: Contractor's Traffic Control and Signage Plan). City staff will assist by providing advanced public notice of the upcoming changes to traffic flow on Victoria Avenue. During the design process, City staff consulted with Niagara Regional staff to identify and design any required traffic signal improvements within the project limits. Designs supplied by the Niagara Region were included on the construction drawings and tendered as part of the project. However, during the construction process it was determined by Niagara Regional staff that additional changes to the traffic signal designs and underground electrical systems were required at the intersection of Victoria Avenue and Bender Street. This has resulted in unforeseen extra work and additional costs to the project. The Victoria Centre Streetscape Revitalization Phase 1 project is a complex project that involves implementing large-scale capital improvements in a high-volume tourist district under very specific time constraints. In order to minimize the risks inherent in this project and increase the probability of a successful outcome, City staff have been working closely with engineering consultants for both the design and construction management components of the project. Based on experiences from the spring construction period, City staff have determined that additional consultant services are needed beyond the originally anticipated scope. Additional funding will be needed in order to expand the scope of the consultant services. City Staff are still targeting a contractual completion of Phase 1 by late-November 2016. Completion of the contract is subject to weather/site conditions. It is anticipated that street furniture will be installed in the spring of 2017. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Niagara Falls City Council approved funding of $3,895,926 to support the Victoria Centre Streetscape Revitalization Phase 1 Project in the 2016 Capital Budget. An additional $230,000 3 MW-2016-35 August 23, 2016 is required to address added expenses and complete phase 1 as outlined above. This results in a revised project budget of$4,125,926. Staff recommends that the additional funds be allocated from the City's Capital Holding's Reserve. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. MW-2016-16 Victoria Centre Streetscape Revitalization Phase 1- Contract Award 2016-363-14 2. Contractors Traffic Control and Signage Plan 1 I i Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken To d, Chief Administrative Officer David Antonsen, Eric Lallouet iN. 4 anV Pleuoacevi •.c' 4L0is- q x Lo ii ro '2.'"'" .- S m -_ / J! m ro,�. / d Dch A / . Im 1 f V) L i e IA � A c Ir4 a'~� 46io „,. W :_-,. K \ -.,c; scr" SIN ° mss_ Ia7. F �� A n i \ (/ °°d\ IF.j IQ m ff If. ff 00 -!'Ti o "V73 C o to > X w o m \ 04' et 114 1n $ /\ c.ctO -14 �'� [l ft I E.O I'O N j4, <). s �; o z � '�' �LF uj lQ '' a c °° 0 0 0 0 ° ° 0 0 0 0 0 @}A�Q� �1A,o o SSD a%a ooh f} c a Q J � 03 O - ST © :m c Q 9 A A Ft; " � SU m r- PmI9 1 IF ti N ca S_F 0 \ n Vof `/ a Fer r G > }fro/ O < 9,., cel T j I71' P *v Vt t0 .-r p a m ), x ` ` c, bi rd r 41,�;< c.. 2 y 0 , You created this PDF from an application that is not licensed to print to novaPDF printer(— t I ) MW-11.11b-i b April 26, 2016 NiagaraFalls The recommendation(s) contained in this report were REPORT TO: Mayor James M. Diodati adopted by City Council and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-16 Victoria Centre Streetscape Revitalization Phase 1 Contract Award 2016-363-14 RECOMMENDATION 1. That the tender for the Victoria Centre Streetscape Revitalization Phase 1 be awarded to Rankin Construction Inc. in the amount of$3,084,307.00 (excl. HST). 2. That the approved 2016 capital budget for the Victoria Centre Streetscape Revitalization Phase 1 project be amended to include additional expenses in the amount of $824,926.00. The additional funding will be provided from the final installment of the OLG contribution agreement. 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Victoria Centre Streetscape Revitalization Phase 1 project to the low bidder, Rankin Construction Inc. Additional funds in the amount of $824,926.00 are required to address costs incurred for the needed underground infrastructure improvements as well as expenses to meet the project scope and timeline constraints. BACKGROUND At the January 26, 2016 City Council meeting, staff recommended the Victoria Centre Streetscape Revitalization Phase 1 (VCSR PH1) be referred to the 2016 Capital Budget process for consideration (Report MW-2016-01). Refer to Attachment #1. Niagara Falls City Council elected to advance 2016 capital funding for the VCSR PH1 project. As part of the funding approval, staff was directed to undertake a prequalification process. Council also accepted at the January 26, 2016 meeting the proposed funding contribution arrangement from the Victoria Centre BIA. L MW-2016-16 April 26, 2016 The Victoria Centre BIA funding contribution identified up to $600,000 in funding to be allocated to project components that are considered above and beyond the typical City of Niagara Falls roadway standards. As a condition of the BIA funding proposal, a firm construction timeline requirement was identified. This timeline requirement stipulated that construction must commence by spring 2016 and that no construction may occur within the months of July and August. ANALYSIS/RATIONALE To meet the requirements of Council's commitment for the implementation of the VCSR PH1, staff developed (with the assistance of consultants) contract #2016-363-14 to secure a general contractor. Work under this contract for the VCSR Ph1 will include; new decorative concrete sidewalks, concrete curbs, drainage improvements, sewer and lateral replacements, decorative street lighting installations, site removals, roadway resurfacing, street tree plantings and miscellaneous landscaping. Staff determined that the bidder prequalification requirement could be accommodated through a mandatory supplementary submission of bidder qualifications with the tender bids. Canadian Construction Document Council (CCDC) form 11 was used for the supplementary submission. CCDC form 11 is widely used in the Canadian construction industry for prequalification and requires bidders to provide a detailed company history including; business structure, financial statements, relevant staffing and project experience. Staff will utilize the information submitted on the CCDC form 11 when reviewing the bids. Bidders who fail to submit a completed CCDC form 11 may have their bid returned unopened. An open tender call was issued on March 29, 2016 with a mandatory pre-bid meeting for interested contractors on April 6, 2016. All contractors who wanted to be eligible to submit a bid for this contract had to attend the meeting. The tender call closed on April 19, 2016 with 2 eligible bidders responding. The following is the summary of bids submitted. Contractor City Tender Price Corrected Bid Rankin Construction Inc. St. Catharines $3,084,307.00 N/A Sacco Construction Ltd. Niagara Falls $2,761,797.50 $3,348,247.50 Staff completed a thorough review of each bid including CCDC formll and found the bid submitted by Rankin Construction Inc. for the amount of$3,084,307.00 (excluding HST) was the lowest bid and met all necessary requirements. In effort to meet the tight timelines for the VCSR PH1 project and reduce potential contractor overhead charges, City staff excluded the supply and delivery portion of the decorative streetlights (Philips Leonis light assembly) from contract 2016-363-14. To acquire these decorative street lights City staff conducted closed quotation call to the 3 local Philips Lighting distributors who service the Niagara area. The following is a summary of bids on a per unit basis. In accordance with the City of Niagara Falls purchasing by-law City staff has awarded purchase order#16-054 for the supply and delivery of 18 streetlights to the low bidder Nedco in the amount of$92,250.00 (excluding HST). These 18 streetlights will be delivered by (June 1, 2016) and will address project needs for spring construction. To facilitate fall construction works, City staff 3 MW-2016-16 April 26, 2016 requires the purchase of an additional 26 streetlights for delivery by September 1, 2016. The cost of these additional 26 streetlights will be $133,250 (excluding HST). Sewer improvements have been incorporated into the project to address issues that were identified within the project limits. Additional costs were incurred for the design and investigative work required for these sewer improvements. Additionally, in order to meet the aggressive timelines for tendering and construction, City staff advanced the project planning and tendering process significantly by employing additional design and consulting services, directly purchasing the decorative street lights, and performing some underground work in the Phase 1B Section of the project prior to construction. This tender award represents part of the overall project and further expenditures will be made including street furniture/site amenities and consultant services. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Niagara Falls City Council approved funding of $3,071,000 to support the Victoria Centre Streetscape Revitalization Phase 1 Project in the 2016 Capital Budget. The Victoria Centre BIA have committed to funding up to $600,000 in expenses within the above project budget. Additional project expenses amount to $824,926. This brings the total cost of the project to $3,895,926. The additional costs will be provided from the OLG compensatory funds. As Council is aware, the final installment was received this week. Staff will be providing a report on the May 10`h Council meeting for the final allocation of these funds to presently unfunded projects. Since this project was approved previously, ahead of the unfunded projects, unexpected infrastructure expenditures are required, and the City's portion of the funding was exclusively provided by OLG funding, staff recommend that this funding source be used. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1 Victoria Centre Streetscape Revitalization Phase 1 — Report MW-2016-01 2. Revised Capital Budget Sheet --7/LF Recommended by: Director of Municipal Wbrks Respectfully submitted: 1)4)114j Ken Todd, Chief Administrative Officer David Antonsen, Eric Lallouet MW-2016-037 NiagaraagIls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2016-037 Tender Award Contract No. 2016-407-16 Retaining Wall Rehabilitation-Tourist Core RECOMMENDATION 1. The contract is awarded to the lowest bidder Stevensville Lawn Service, with authorization to spend up to the approved budgeted amount. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Retaining Wall Rehabilitation-Tourist Core contract encompasses the provision of all labour, materials and equipment necessary for the disassembly, storing and resetting/reinstating of existing retaining walls within the Tourist Core. The approved budget for Retaining Wall Rehabilitation-Tourist Core in the 2016 Capital Budget is $150,000. Any outstanding work will be completed using in-house resources where available. City Staff will adjust the scope of the contract in accordance with the approved budgeted amount. Construction is proposed to start no later than early September, 2016 and take an estimated forty (40) working days to complete. BACKGROUND Municipal Works staff conducted an inspection & inventory of retaining walls throughout the City. This inspection found that various locations of retaining walls throughout the City require rehabilitation. Much of the issues relating to the deteriorating of the retaining walls, stem from lack of subbase drainage and/or absence of adhesive. 2 MW-2016-037 August 23, 2016 walls within the tourist core. The proposed works encompasses the provision of all labour, materials and equipment necessary for the disassembly, storing and resetting/reinstating of existing retaining walls within the Tourist Core. This maintenance work will help extend the life of the retaining walls within the Tourist Core. City staff has been in contact with the Fallsview BIA and look to coordinate timelines for the scheduled of this work. ANALYSIS/RATIONALE The project tender documents were picked-up by six (6) construction firms. One (1) bid was submitted. The Tender Opening Committee, in the presence of the City Clerk, Dean lorfida, Manager of Supply and Services, Dave Butyniec and the Construction Services Supervisor, Nick Golia, opened tenders on Tuesday, August 9th, 2016. The following is a summary of the totalled tender prices (excluding HST) from the contractor submissions: Contractor City Tender Price Corrected Bid Stevensville Lawn Service Stevensville $202,432.00 $202,382.00 The lowest tender price was received from Stevensville Lawn Service in the amount of $202,382.00. Stevensville Lawn Service has successfully completed many projects of this scale for the City of Niagara Falls and other municipalities; they are capable of undertaking and completing this project. Construction is proposed to start no later than early September, 2016 and take an estimated forty (40) working days to complete. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Retaining Wall Rehabilitation-Tourist Core was approved in the 2016 Capital Budget in the amount of $150,000. City Staff will adjust the scope of the contract in accordance with the approved budgeted amount. 3 MW-2016-037 August 23, 2016 CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public, LIST OF ATTACHMENTS 1. Location Map (L1) Recommended by: 14/[it Geoff Holman, Director of Municipal Works 1 " �4110 Respectfully submitted: � Ken Todd, Chief Administrative Officer LOCATION MAP - TOURIST CORE AI MURRAY ST 7 1:2353 ��i2ss > ^ P d rn DIXON ST Dt%ON ST ,n r \ I: )*,. b r- i IP SI DUNN ST DUNK -cc f 4^4iy cp 4 ..,tfff.odfs".— Niagara) is L VINGSTONE ST L1 Niagarapgn, PBD-2016-34 August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-34 Changes to Provincial Planning Documents RECOMMENDATION It is recommended that Council approve the report and that it be sent the Regional Niagara and the Ministry of Municipal Affairs as the City's response to the Ministry's Coordinated Plan Review. EXECUTIVE SUMMARY The Ministry of Municipal Affairs (MMA) has undertaken a review of the Growth Plan, the Greenbelt Plan and the Niagara Escarpment Plan, referred to the Coordinated Plan Review (CPR). MMA has released the draft plans for review. This report highlights some of the plan changes and comments on the impacts on municipal planning. The report also contains a synopsis of the Province's recent Climate Change Strategy and the impacts on planning. BACKGROUND Within the Niagara Region, municipal land use planning as well as the planning for services and transportation is governed by four documents issued by the Province: • The Growth Plan for the Greater Golden Horseshoe (the Growth Plan); • The Greenbelt Plan; • The Niagara Escarpment Plan (the NEP); and As the Growth Plan came due for a 10-year review this year, the Province has undertaken a review of all four plans — the Coordinated Plan Review (CPR). The Province in its review has undertaken public consultation in various forms including a discussion document issued last fall on which the City provided comments. (See PBD- 2015-18, attached.) The Province has now issued its proposed plans for comment. This report will constitute the City's response to the Province and to Niagara Region as part of its coordinated response to the Province. In addition, the Province has also issued its Climate Change Strategy which is partly implemented by the above planning documents. This report will also provide Council with information on how the Climate Change Strategy will affect its approach to planning and its operations. 2 PBD-2016-34 August 23, 2016 1. The Growth Plan Established in 2006, the Growth Plan has changed the manner in which municipalities throughout the Golden Horseshoe have conducted planning for growth and development. Although its basic tenants of curbing urban sprawl, protection of natural heritage and farmlands and providing for a strong economy have not changed, the Growth Plan has undergone a substantive revision that is broad-based and affects all aspects of the Growth Plan with new and expanded policies. A number of these revisions are highlighted below. • Intensification Targets. Currently municipalities are required to achieve on an annual basis 40% of all housing starts in the "Built-up Boundary" r / t' Schedule A2 ,....‘,_)_ `., -,, Urban Structure Plan ali , f `Rj f J 1, //' . _ _. __ i /0„,,, I) _ (the white area on the map). The proposed policies are to increase this level of intensification to 60% annually. - Implications: Currently the City lags behind other Niagara area municipalities and does not achieve the 40% intensification annually. Last year was the highest over the past five years at 37%. The City has a large supply of lands that have been rezoned to higher densities, so there is the potential to achieve the proposed 60% in the future. Despite this, it will be difficult to achieve this 3 PBD-2016-34 August 23, 2016 level of intensification in the current market conditions. Moreover there is a concern as to how the target will be phased in between now and 2041. • Greenfield Densities. The Growth Plan currently requires that the Region achieve 50 residents and jobs per hectare (the City's target is 53 residents and jobs per hectare) within Greenfield lands (those shown in light green). The City has been attaining these densities in most subdivision developments. This has resulted in small lot singles and on- street townhouses primarily. The Province proposes to increase this density by approximately 63% to 80 residents and jobs per hectare. Both increases in intensification and Greenfield density have to be achieved by 2041. - Implications: To achieve 80 residents and jobs per hectare, secondary plans and plans of subdivision will have to include apartment-type housing and other higher density forms as well as employment uses. The concern is that the provision of apartment- type housing may reduce the opportunities for achieving the intensification target. Despite the inclusion of higher density forms in the Greenfields, employment density will be the critical component of reaching the density target. Until such time that the Province is willing to incentivize the location of industry into Niagara, the achieve a higher employment densities will be problematic. The City has previously requested lower targets for Niagara Falls which is an outer ring municipality. • Transit Station Areas. The Growth Plan will require that municipalities intensify residential and employment uses around major transit station areas. Major transit station areas are lands within a 500m radius around stations that areas are served by higher order transit such as rail and LRT's, as well as municipal bus service. Within the City, the lands within 500m of the VIA Station would be the major transit station area, and would be subject to these policies. - Implications: Downtown is currently targeted for higher densities as an area for intensification in the Official Plan. There is also the Downtown CIP which contains incentives for the creation of residential units as well as improving the condition of existing buildings. The City is also partnered with the Region is undertaking a GO Transit station study which will provide for a secondary plan for the transit station area. Further incentives may be needed to stimulate growth within the Transit Station Area prior to full GO service extension. • Urban Boundaries. The Region, through a Municipal Comprehensive Review, to identify a hierarchy of urban areas, determine Urban Area Boundary expansions and identify urban lands that are surplus to that needed to accommodate growth to 2041. (The latter are referred to as 4 PBD-2016-34 August 23, 2016 excess lands.) Development on excess lands would have to be prohibited. Should a municipality propose an urban boundary expansion, another municipality with excess lands would have to relinquish sufficient lands so that there is a net loss of urban land. - Implications: The Region is essentially in the "driver's seat" with respect to urban boundar expansions. While there would have to dialogue with the lower tier municipalities, should an urban boundary expansion be proposed for the City, it would mean that excess lands from another municipality would have to be redesignated to non-urban to allow for the expansion. Such a proposal would be contentious and likely be very difficult to negotiate. Unless the Region changes the Urban Boundaries, the City will have to accommodate growth within its current urban boundaries. • Employment lands. The Growth Plan expands the policies respecting employment lands. Municipalities should make more efficient use of existing employment lands and integrating land use planning with economic development strategies. Lands are to be identified as prime employment for uses such as manufacturing and warehousing (low density, high land consumption) and protected over the long term and cannot be converted to non-employment uses. Employment areas and existing office parks are to be supported by improving connectivity with transit and active transportation networks. - Implications: While the City has (numerically) a large supply of vacant and underutilized industrial lands, a number of precincts or parcels are constrained in various forms (e.g. potential contamination, separation distances from sensitive land uses) or are poorly located. In addition, there are no large tracts of employment land that are available for the development of large- scale manufacturing. The proposed policy framework contained in the Growth Plan essentially demands that the City undertake a detailed review of its industrial land supply together with an economic strategy that would identify the potential future uses for the current land base. Staff is recommending an approach to providing additional long term supply which is detailed below. There is an opportunity to add lands in order to provide for a future reserve as well as provide for industry that require large land areas. The Provincial Policy Statement (PPS) allows municipalities to plan for employment (industrial) uses beyond the statutory 20-year time horizon. In addition, the Official Plan provides for the lands east of the QEW between Lyon's Creek and Ussher's Creek as well as the land at the Sodom Road/QEW interchange to be considered for urban uses through the Region's Growth Management Strategy (GMS). Moreover, the Sodom/QEW lands have Official Plan policies that allow for industrial 5 PBD-2016-34 August 23, 2016 development. These lands have . 11.aimb .'.,..,___ proximity and exposure to the QEW, ill1 Niagara's most significant goods movement corridor and a op ll'--'-'14 g fundamental link in the „,,,, a ,. _, transportation network of the GGH. • ' A study done by MMM Consultant 7 m Group for the Walton Group found __ s -- that the pre-existing policy !NEM framework can be leveraged to mr - create opportunities for investment, economic growth and job creation i through the development of manufacturing and industrial uses. '�°”' -. It is therefore recommended that the = k Province be requested to allow for .* t the creation of such a corridor along7'.106:1 111 the QEW from Lyon's Creek Road ..,__1 W to Netherby Road. • An integrated approach to infrastructure planning. The proposed Growth Plan requires the integration of infrastructure planning with land use planning. Such an approach is key to the planning for growth in that appropriate levels of infrastructure are provided for targeted areas such as transit station areas and intensification corridors. - Implications: The City is, to a certain extent, following this approach. The Official Plan provides direction in the preparation of the Transportation Master Plan and the Pollution Control Plan. The latter two documents also provide for policies to be included in the Official Plan. In connection this, it is apparent that there will be greater needs placed on infrastructure to accommodate growth. With respect to servicing, given that the remaining Greenfield land is south of McLeod Road, a substantial amount of infrastructure facilities (pumping stations, force mains, for example) will be required to be constructed. The resulting flows from these lands would have to be conveyed to the Stanley Avenue Waste Water Treatment Plant, which may result in upgrades to the conveyance system. Alternatively, a South End Waste Water Treatment Plan could be constructed. This would allow for sanitary flows south of Lundy's Lane to be redirected south resulting in: - Alleviate the potential for upgrades to the conveyance system north of Lundy's Lane; - Greater ability to accommodate the increased Greenfield densities as required by the proposed Growth Plan; 6 PBD-2016-34 August 23, 2016 - Accommodation of the South QEW Industrial Corridor proposed previously in this report. In terms of transportation, there are at least two major pieces of infrastructure that are needed to accommodate future growth and development. - The need to provide for more direct routes to the proposed South Niagara Hospital from other centres in the southern part of the peninsula. These may take a variety of forms including the widening of Montrose Road and connecting it to the proposed Niagara East-West Corridor. A widening of Schisler Road together with intersection improvements at the intersection with Montrose Road may also be an option. Other options should be explored through the Region's study as the routes are likely to be affecting Regional roads primarily. - The Thundering Waters Secondary Plan Area that contains the Paradise development proposal will likely place additional pressures on the transportation network beyond what was considered in Transportation beyond Tomorrow. Such a bridge spanning the Welland River would be an option as this would direct traffic to the Lyon's Creek interchange. Moreover, it would increase the developability of the lands south of the Welland River. It is recommended that the Region be advised of the above and that City staff be included in the discussions of these matters. • Other highlights. There are several other policy changes to the Growth plan which are briefly noted below: Natural Heritage. The Province will be identifying the natural heritage system in the Growth Plan area similar to what has been done in the Greenbelt. Watershed planning is to play a major part in any type of larger scale development planning, from urban boundary expansions and secondary plans to plans of subdivision. - Agriculture. The Province will also be identifying an agricultural system throughout the Golden Horseshoe and permitting value- added uses to farms to allow for greater economic diversity. - Housing. Municipalities will have to provide for a mix of housing that allows for the achievement of the new intensification and density targets. 7 PBD-2016-34 August 23, 2016 2. The Niagara Escarpment Plan The Niagara Escarpment Plan (NEP) affects a relatively small area within the City being the majority of the lands north of Mountain Road. These lands are designated in the NEP mostly Escarpment Rural with significant portions designated Escarpment Natural and Escarpment Protection. There have been substantive modifications to the NEP; an overview of the nature of the changes to the land use policies is noted in the box above, with proposed mapping revisions noted as follows: Land Use Designations - Land use designation descriptions modified to acknowledge role in providing resilience to climate change;changes proposed to update language of landuse designation objectives to reflect modern terminology and to reflect defined terms in the Plan;changes to Minor Urban Centres, Urban Areas and Escarpment Recreation Areas to clarify existing policy intent and dearly set out criteria for development and growth related to natural heritage,water resources,cultural heritage,scenic resources and agricultural systems; tion of the concept of community hubs into minor urban and urban areas. a) Fruitbelt Parkway. The City made a request to the NEC to remove all the lands along Fruitbelt Parkway from the NEP Area and include them within the City's urban boundary. Cotton Inc. also made a request for its own lands (shown) but to have them remain in the NEP Area with a change in designation to (Escarpment) Urban Area. t 4 Support as part of the Plan Review: �cce�``o�wt�n:��e{at,cr as -r:_3e aroa F� �cnpron wi?h he =' v e S e rr e estanahflr.�{t e largerur�ctarea F' * tc ret�"a-3r erdrier',vearcral 3`'e local ✓aril 3150 Dr- ar" _ reQt�ereu ` The Nr as vre nets# it ser+'.Pat.hese lards be :or51c_rec`or dfeE? e�iy"atlr�t' ♦a 4'1/4 ;`..314 *,11 f a 8 • NEC Staff comments. NEC staff is in support of the request for the larger area of Fruitbelt Parkway. • Staff should be authorized to comment in support of the request and to further request that all of the lands that front onto Fruitbelt 8 PBD-2016-34 August 23, 2016 Parkway that are within the NEP Area be designated Urban Area in the NEP. • Staff also recommend all lands south of Hwy. 405, including the former sand pit south of the Fruitbelt Parkway be designated as Urban Area in the NEP as these lands should be afforded the opportunity to redevelop with urban uses and rehabilitate the mined out sand pit from the landscape. b) Mountain Road/QEW. A request was made previously to remove 167.5ha from the NEP Area or to designate (Escarpment) Urban Area to facilitate the implantation of the Gateway Economic Zone. • NEC staff comments. NEC staff does not support the request as it does meet the NEC's evaluation criteria. • The City continues to request the removal as these lands are a gateway location into the city and could provide a nucleus for development consistent with the Gateway Economic Zone. {c r a4,oosa�,or Not support-does not mit waluation atone y, J 5 • ;�'ot �f 5^48., y. '`g JrDr Ame.Wm•rtLS � ''t. 'Yi .� r ,� a ar:RereorrPa'eaai re. ,sr a: ' wore the NEP ani • The Commission does not succor'the removal of lands .� from the NEP Area f-k h • The predominant soil?y s are Class 2 and 3 indicating Pe y prime agricultural land. The lands dasstfied m the " n th Niagara Region Official Plan as'Unique Agrrultutal Area' . 7n.• ''''',4,-t' v Redesignation to Urban Area vouk2 o?be consistent*At) 4 the agricultural capati,ty of the'arid q � } ?dC, l -..» a t,} x 1yr . oar��+w..w... • Statement.a growth O Not consistent with the P�vn,aal * F4:,,,,,f,,,-.5-' �� . management and crime agncultural lane ooic '4 is 7` C • The subject lands are located to the north's'of the e`• 1.4 to M Gateway Economic Zone as iderrttfteC r 7+e GrDvvtt clic snot within the Gateway Econon-ria Zone it,..I C in he Cite s submission to Ile Co-or mated Renew l �-# c) Walker Environmental Group Inc. A request has been made to re- designate a portion of its landfill and waste management operation to (Escarpment) Urban Area to recognize its current waste management facilities and to allow for future similar uses. • NEC staff comments. NEC staff has yet to comment. • The City's comments should support the request insofar as to recognize the existing waste management operation and limited expansions The Urban Area designation will not infer any municipal obligation. _ �.411,--#4 i ' .iS � tekM x r "ter. • + 4N. !A a ,`"a '-'Y i;4.," ,. 9 PBD-2016-34 August 23, 2016 d) Mountain Road/Mewburn Road; North of Calaguiro Estates. The NEC is proposing to redesignate two tracts of land north of Mountain Road to Niagara Escarpment Parks and Open Space (NEPOSS): • east of Mewburn Road; and • north of Calguiro Esates and the VIA Rail line. Niagara Escarpment Parks and Open Space System (NEPOSS) NEPOSS lands are publically-owned lands along the escarpment that: • Protect natural and cultural resources; • Provide opportunities for outdoor education and recreation; and • Provide public access to the escarpment. The lands will retain the NEP designation but the NEPOSS policies over- ride once there is a Master/Management Plan (MMP) approved for a park. MMP's have to be prepared by the public agency that owns the land in consultation with the NEC and MNRF. The MMP will establish zones, policies and mapping for the long-term protection, development and management of the park. In addition: • The zones and zone policies of the MMP take precedence; • The City may be exempt from Development Control for "undertakings" within a MMP; • Changes in classification with a MMP do not need an amendment to the NEP; • Development and secondary uses can be permitted under the NEPOSS classification; and • Retail and visitor services may be permitted if appropriately scaled. • City staff comments. As noted in the graphic below, staff has no objection to the re-designation of the lands north of Calguiro Estates and the VIA Rail line. Staff is, however, recommending a modification to the re-deisgnation for the lands at MountianRoad/Mewburn. First, the lands east of Mewburn Road should be excluded as they are part of the request for removal from the NEP Area as noted above. Secondly, the NEPOSS designation should extend eastwards to include Fireman's Parks as this park is a recent addition to the City's holdings north of Mountain Road and will allow for a comprehensive approach to the planning of the parkland. 10 PBD-2016-34 August 23, 2016 Proposed NEPOSS ak � isop 'Fe • a i htt t if x� >..: 114 *406 , lt t O a , f ^: t m »3 r.et s y :s., a t« CONCLUSION This report provides for an overview of the proposed changes to the Growth Plan and Niagara Escarpment Plan. These documents will have short and long term impacts on the way the City accommodates growth and development. The changes to the Provincial documents and the Regional studies will result in amendments to the City's Official Plan and Zoning By-law ultimately. Staff will continue to keep Council abreast of developments. FINANCIAL IMPLICATIONS There could be substantial financial implications resulting from the changes to the Growth Plan and the infrastructure improvements. Some of these will impact future development charges as well as potential assessment. CITY'S STRATEGIC COMMITMENT Approval of this report will support Council's directions on City planning and economic development. 11 PBD-2016-34 August 23, 2016 LIST OF ATTACHMENTS No attachments. Recommended by: i--- - CAIex Herlovitch, Directo of Planning, Building & Development rl' i , pi }: ii-, /f40,,f) Respectfully submitt d: / �V' Ken Todd, Chier Admin strative Officer J.Barnsley:mb S:\PDR\2016\PBD-2016-34,Changes to Provincial Planning Documents.docx PBD-2016-40 NiagaraM4 August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-40 PLC-2016-005, Request for Removal of Part Lot Control Blocks 8-17 Inclusive, Registered Plan 59M-425 Oldfield Estates Plan of Subdivision — Phase 3 Applicant: Mountainview Homes RECOMMENDATION That Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 8 through 17 Inclusive on Registered Plan 59M-425, as exempt from Part Lot Control for a period of four years. EXECUTIVE SUMMARY Mountainview Homes has requested Council to pass a by-law to exempt Blocks 8 through 17 Inclusive in the Oldfield Estates plan of subdivision-Phase 3 (Plan 59M-425) from being subject to Part Lot Control. The request will allow the transfer of ownership of the freehold on-street townhouse dwelling units planned on these lands. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the blocks are located within a registered plan of subdivision; • the proposed parcels do not conform with the zoning by-law, however, the applicant has submitted a minor variance application to vary the minimum lot area and rninimum lot frontage requirements of the by-law; and • the by-law will permit a deed to be created for each townhouse dwelling unit and permit each property to be sold. BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from Blocks 8-17 inclusive in the Oldfield Estates plan of subdivision. The lands are located on Oldfield Road and Cole Court. Blocks 8-15 inclusive front onto Cole Court and each are proposed to contain a 4 unit townhouse dwelling. Blocks 16 and 17 inclusive are located on the north side of Oldfield Road and each are proposed to contain a 5 unit townhouse dwelling. A total of 42 on- street townhouse dwelling units are proposed on ten blocks. 2 PBD-2016-40 August 23, 2016 The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow the creation of separate parcels for each on-street townhouse dwelling unit. ANALYSIS The subject blocks are located within the Oldfield Estates plan of subdivision (59M-425) which was registered on June 21, 2016. The subdivision contains a mix of lots for detached dwellings and blocks of land for on-street townhouse dwellings. The subject blocks are zoned Residential Mixed (R3-943) by Zoning By-law No. 79-200, as amended by By-law No. 2011-068. The proposed lots do not comply with the minimum lot area and minimum lot frontage requirements of the by-law. The applicant has submitted a minor variance application (A-2016-036) to vary the zoning regulations for minimum lot area from 200 square metres to 190 square metres and minimum lot frontage from 6.5 metres to 6.metres. If the minor variance application is not approved by the Committee of Adjustment, the applicant will have to comply with the existing requirements of By-law No. 2011-068. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each unit in the on-street townhouse dwelling can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for four years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. • FINANCIAL/STAFFING/LEGAL IMPLICATIONS The development charges will be collected at the time of submission of the Building permit application. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 — Registered Plan 59M-425 3 PBD-2016-40 August 23, 2016 Recommended by: t ...LA ) --:,- Alex Herlovitch, Director of Planning, Building & Development i , (;• P'zie, tt Respectfully submitted• ''i,i � � — Ken Todd, Chief Administrative Officer A Dilwana:mb Attach. S\PDR\2016\PBD-2016-40, PLC-2016-005,Removal of Part Lot Control, Blocks 8-17, Cole Court.docx 4 PBD-2016-40 August 23, 2016 SCHEDULE 1 Location Map GPNI\\ SUNRISE Cl Block 12 Block Block 13 11 Block COULSON CR 10 Block 14 Black a Block Block Block 16 17 8 OLDFLELD RD N W-4+4. t� E i� Scale 5 1:NTS 5 PBD-2016-40 August 23, 2016 SCHEDULE 2 .._ .... .13,`' ;;• :. i., ;il •y, •"•• it••••• •i';;:y!''',': ,..: 1:!'• "i' if. W1 !!.1 '''' 11 FH',. cti J tt ',‘ '' '1-1,,,'''1; i; ',',I- 4;0 1 "J'"• 1' 1''f', PA. t'' .1 i: 1 '•N ..,..i:r. ',* 2 1.1 • 4.11'''1';',' f,1.; 41.i.,.4 r ,I-., ii. 7,. e,,-, - .01 :,. 1.. 11 g '.f• 111 h11! .• ,, •., 116 Rhi 11.7f,,C.,t. i i 1, aycm-.-• -7 77..777—.....a'C'el'U'l i. ..,,, -,'-'-''',.-..... ....•1:.:7,7;:::1.7-11-V":',... , . 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L• 4 • I I I c " •It t .4 ' i L " /a/ L, i I i ;.1 . .. a i'4 1/. ;•.;,T.. , ,,,,,::: , ! : :. 4 . . i c., -•• w.- sN%,_ ,." .S,' 4.. — igil •",'.. . A ....''.. --- ,--i . •-. 1„, , ;v,,;, t ,c• ;1 • ..!, 1' g11111 .. . . :. o. 4 I! '''.. '''' '.... Un."3 P* \' 41.,;', ' 111111 4til 'I , I !, ' 1 i PBD-2016-43 Niagara,Falls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-43 CIP-2008-005, Historic Drummondville CIP Commercial Building and Facade Improvement Plan Application request for revival Property: 5836 Main Street Applicant: 1526860 Ontario Ltd. (Vijay Kapur) RECOMMENDATION 1 . That Council support the $10,000 grant for the Commercial Building Improvement Application to replace the roof at 5836 Main Street as contained in this report. 2. That the owner must apply with a new application for any future improvement to the building prior to any work occurring. EXECUTIVE SUMMARY The request to revive the Commercial Building Improvement grant application can be supported for the following reasons: • A commercial building improvement grant to replace the roof was approved by Council in 2008. • In 2010 Council retracted the approval but provided an opportunity to be able to revive the applications without having to formally reapply. • The roof has now been replaced and paid receipts have been submitted. • The property taxes are up to date. • The owner is seeking approval of the grant for $10,000. BACKGROUND In 2008, City Council approved a Façade and Commercial Building Improvement Grant application under the Historic Drummondville Community Improvement Plan for 5836 Main Street in the amount of $20,000 total; $10,000 for the replacement of the roof and a $10,000 grant to be applied to façade improvements. Council's approval was made conditional upon the applicant meeting the program requirements including the entering into an agreement with the City. The agreement was never signed or executed because the property was in tax arrears. 2 PBD-2016-43 August 23, 2016 In 2010, City Council (Report PD-2010-62) rescinded approval of the applications because they were inactive. Council's motion contained the proviso that the applicants of the inactive applications be able to revive their applications, if they so wish, without having to formally reapply. A new roof has been installed on the subject building in 2014. ANALYSIS/RATIONALE The Owner (who is the original applicant) has requested that the application for the Commercial Building Improvement be revived as per Council's 2010 direction. The roof was constructed in 2014 but the request to revive the application was not brought forth formally until 2016 when all taxes had been paid. As of the date of writing of this report all taxes are current and up to date. The applicant has completed the roof and submitted receipts. The cost of the roof was $30,767.50. The CIP program allows a grant of 50% of the cost or $10,000, whichever is lower. It has been 8 years since the original application. There has been no intent shown by the applicant to improve the facade. Any previous approval of Council should be cancelled and any future façade improvement be subject to a new application with updated costs estimates and designs. Since the work has been completed, entering into the agreement with the City is no longer relevant. FINANCIAL/STAFFING/LEGAL IMPLICATIONS In the 2014 Operating Budget, an amount of $100,000 was budgeted for CIP grants in the Historic Drummondville CIP Area. The City's portion of the $10,000 grant is $5,000; the City will seek the matching funds from the Niagara Region. Property taxes are up tc date on this property. CITY'S STRATEGIC COMMITMENT The approval of the requested extensions will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP. LIST OF ATTACHMENTS Appendix 1 —Application revival Request Appendix 2 — Location Map & photo of completed roof 3 PBD-2016-43 August 23, 2016 Recommended by: Alex Herlovitch, Director of Planning, Building & Development I , Respectfully submitted: 4, ,� T - p Y Ken Todd, Chief Administrative Officer F Berardi:mb Attach. S\PDR\2016\PBD-2016-43, CIP-2008-005, 5836 Main St, Commercial Building&Facade Grant.docx 4 PBD-2016-43 August 23, 2016 APPENDIX 1 1526860 Ontario Ltd. 5824 Main Street,Niagara Falls,Ontario L2G 5Z5 April 26,2016 City of Niagara Falls Planning&Development Department 4310 Queen Street P.O.Box 1023 Niagara Falls,Ontario L2E 6X5 To whom it may concern: Re: Grant application under"Historic Drummondville Commercial Building and Facade Irnprovement"._1526860 Ontario Ltd.at 5836 Main Street Niagara Faik_ON We herein request that the Commercial Building improvement Grant application be revived as per Council's 2010 decision for 5836 Main Street.Niagara Falls,Ontario, Should you have any questions or require additional information,please do not hesitate to contact our office. Regards, it ri e ltar'ie DeN4puli 5 PBD-2016-43 August 23, 2016 APPENDIX 2 4rid r„t!) • • 5836 Main Street .„ is Nlv,r2.1111 N",1(i,If:, , ••• ,, • " , • • , . - ,; , ' • COMPLETED ROOF PBD-2016-44 Niagaraaalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-44 Matters Arising From MHC Meeting Doran Marshall Burke House, 4851 River Road RECOMMENDATION That Council approve the alteration and grant for the Coach House associated with the Doran Marshall Burke House, specifically the restoration of a double casement window above the carriage doors, as it will assist in the overall presentation of the Coach House. EXECUTIVE SUMMARY At the July 27, 2016 meeting of the Municipal Heritage Committee the following motion was adopted: With respect to the Doran Marshall Burke House, 4851 River Road: "After further review, the Committee now accepts the proposed design for the double casement window above the carriage doors and finds the proposed design is eligible for funding under the Designated Property Grant guidelines." ANALYSIS Doran Marshall Burke House, 4851 River Road An application was received for a three part project, the restoration of a single casement window on the east side of the coach house, a double casement window above the carriage doors and the carriage doors. The Committee supported the restoration of the single casement window as well as the restoration of the carriage doors. The proposed work contributes to the overall preservation and conservation of the Coach House, which is a designated feature of the property. During the review of the application, the Committee requested further investigation be carried out to determine if the window proposed above the carriage doors was appropriate before recommending support for a grant. The investigation has now been completed and the owner has supplied plans for a slightly different style of window, which the committee finds appropriate. 2 PBD-2016-44 August 23, 2016 Therefore, the recommendation is that the grant for the double casement window above the carriage doors be approved as submitted as it has been determined that the proposed style of window is appropriate. The grant guidelines state that one half of the eligible estimated costs of a project to a maximum of $5,000 will be paid to the owner. The estimated cost to replace the double casement window is $4,700.00. A maximum grant of 50% of the eligible costs would be $2,350.00. However, the owner has already been approved for a grant of $3,061.67 for previously approved parts of the project. Therefore, the amount remaining under the $5,000.00 maximum is $1,938.33. A grant in this amount toward the double casement window is recommended. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2016 budget allocates $10,000 to the Municipal Heritage Committee Designated Property Grant program. The balance remaining is $1,949.00. To date, no other applications have been received. CITY'S STRATEGIC COMMITMENT To further the preservation of the City's Heritage. Recommended by: �-k Alex Herlovitch, Directpr of Planning, Building & Development Respectfully submitte : 1 ,f Ken Todd, Chief Adrinistrative bfficer'" P.Boyle:mb S:\PDR\2016\PBD-2016-44, Matters Arising From MHC, Doran Marshall Burke House,4851 River Rd.docx PBD-2016-45 Niagaraaa14 August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-45 Matters Arising from Municipal Heritage Committee Meeting Comments Regarding Niagara Parks Commission's Open House for Historic Power Plants RECOMMENDATION That Council forward the comments provided by the Municipal Heritage Committee with respect to the development of the Niagara Parks Commission Strategic Conservation Plan for four hydro buildings and the boundaries for a study area involving Queen Victoria Park. EXECUTIVE SUMMARY The Niagara Parks Commission is embarking on a Strategic Conservation Plan for three former Power Plants and the associated gate house as well as developing a study area for Queen Victoria Park to designate it as a Cultural Heritage Landscape. The NPC posed 7 specific questions. The Municipal Heritage Committee was asked to provide comments and generally supports the development of such a plan. BACKGROUND The Niagara Parks Commission held an Open House (April 21) to ask for comments regarding the future of the power plants under their ownership. The study found that the buildings are a fundamental part of the history of power generation and Niagara Falls, have architectural value as examples of industrial architecture and are landmarks within the Niagara Parks. The other part of the Strategic Plan involves a study of Queen Victoria Park and environs to determine if it is a cultural heritage landscape. The study begins with determining boundaries of the study area of the Cultural Heritage Landscape. A Cultural Heritage Landscape is a defined geographical area of cultural heritage significance which has been modified by human activities and is valued by a community. As part of the Open House a questionnaire was provided with a request to submit answers to the questions to assist the NPC in developing the Strategic Conservation Plan. The Municipal Heritage Committee asked for a subsequent opportunity to view the presentation material to better assist with the submission of their comments. (May 4) A synopsis of the answers to the attached questionnaire is as follows: 2 PBD-2016-45 August 23, 2016 • Buildings should be retained; • Viewsheds towards buildings and away from buildings should be preserved; • New buildings could be added if they do not overshadow existing buildings; • Adaptive re-use could be considered if the existing heritage attributes of the structures are retained; • Original equipment could be preserved in situ so any adaptive re-use would acknowledge the original use and purpose of the structures; and • The proposed boundary for the study of Queen Victoria Park as a Cultural Heritage Landscape should be extended further to include Kings Bridge Park to the south and perhaps even as far north as Queenston Heights Park to acknowledge the original rail transportation route which brought people up the escarpment that would eventually come to work on the power projects. LIST OF ATTACHMENTS Schedule 1 — NPC Heritage Open House Questionnaire Recommended by: fl Alex Herlovitch, Director of Planning, Building & Development g f d� 1 Respectfully submitted: Ken Todd, Chief Administrative Officer' P.Boyle:mb Attach. S:\PDR\2016\PBD-2016-45, Matters Arising From MHC, Niagara Parks Commission Open House for Histoic Power Plants.docx 3 PBD-2016-45 August 23, 2016 SCHEDULE 1 Strategic Conservation Plan for Historic Power Plants NPC Heritage Open House Questionnaire I. In your opinion, how can the main vistas and view corridors to and from the historic power plants be preserved? • By preserving them, • Keep them open to view. • Don't build anything to block views/vistas. • Limit the expansion of roadways. • Lands recognized at Loretto are adjacent to lands to be included in cultural landscape. • Scale of buildings is huge, need to step back and keep that view open 2. in your opinion, should the existing circulation paths and parking be retained? Can additional parking be provided at the historic power plants in a sensitive way? How could this be achieved? • No additional parking provided within areas around power plants. • Re-align the parkway to get views of TPGS • More pedestrian access. 3. Should new buildings or additions be permitted on the sites of the historic power plants? In your opinion, what would make a new building or addition permissible to construct. • As long as new buildings don't overshadow the existing buildings and are sympathetic to existing buildings. • Should not be at the expense of the existing buildings. • Should continue as Industrial looking buildings. 4. What attributes or characteristics allow a new use to be compatible for the historic power plants? • Whatever is sympathetic to heritage attributes. 5. If possible, should a representative example of the original equipment be kept in the Canadian Niagara Power Generating Station for interpretive purposes? • Yes, if possible, given whatever adaptive re-use is determined. • All of the power plants should have some example of the equipment found within. 4 PBD-2016-45 August 23, 2016 6. Do you agree with the proposed boundary of the Queen Victoria Park Cultural Heritage Landscape? • Should be extended more towards Chippawa and Kings Bridge Park. • Would like to see a more defined boundary. • What is exact boundary of Queen Victoria Park? • Take into account the influence that Queenston Heights had on the development of Power generation as it was there that the railway was brought which brought population up the escarpment. 7. Comments or Questions? • It is hoped that this process will be open and transparent to the public as much as possible. • • • S:tiHISTORY`NPC Power PlantsZtrategic Conservation Plan for Historic Power Plants.docx R&C-2016-09 Niagara q4N August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2016-09 2016 Sports Wall of Fame Inductees RECOMMENDATION That Council approve the following 2016 Sports Wall of Fame Inductees: Pre 1990 Era: Name Category Sport Doug Caverson Athlete/Builder Hockey Steve Ludzik Athlete/Builder Hockey Albert Massi Athlete/Builder Judo 1991 — Present Era: Name Category Sport Sandro DeAngelis* Athlete Football Niagara Falls Titans U17 Boys Soccer Team, 2008 Team Soccer Niagara Falls Titans U18 Boys Soccer Team, 2009 Team Soccer *Automatic EXECUTIVE SUMMARY The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who has brought fame to our City. The 2016 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 29, 2017, at 2:00 pm at the Gale Centre. BACKGROUND For the past 27 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a 2 R&C-2016-09 August 23, 2016 great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather sponsors to cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS/RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. The Sports Wall of Fame Committee is reviewing the Constitution this fall. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather sponsors to cover costs of the program and the reception. CITY'S STRATEGIC COMMITMENT The City's Strategic Priorities for 2015-2018 include committing to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. ATTACHMENT 1 1 . 2016 Sports Wall of Fame Inductees' Achievements Recommended by: ` ' /t f 6i'" . �( Kathy Moldenhauer, 1irector of Recreation and Culture 17 'i 7/1#q(7 Atli ) Respectfully submitte : Ken Tod , Chief Al,ministrative Offic r R&C-2016-09 Attachment #1 2016 Sports Wall of Fame Inductees' Achievements Pre 1990 Era Name Category Sport Brief Bio Doug Caverson Athlete/ Hockey Member of Niagara Falls Mangs Intermediate Hockey Builder Team 1946-49; Crawford Springs Hockey Team, Niagara Falls Kerrio Senior B Hockey Team, '56. League Championship 1957; Motorville Rockets; Assisted forming Niagara Rainbows Senior 'B' OHA Hockey Club. Assisted Frank Long with book "100 Years of Sport in Niagara Falls". Steve Ludzik Athlete/ Hockey Played for Niagara Falls Flyers 1978-81. Drafted by Builder Chicago in 1980 and started playing pro in 1981 for Chicago Blackhawks. 1988 -1989 he played with Buffalo Sabres. Total games played 424 NHL games, 46 goals, 93 assists. From 1993-2005 he coached in IHL, NHL, OHL and AHL. In 1997 he coached the Detroit Vipers to a Turner Cup Championship. Albert Massi Athlete/ Judo Member of Eastern Canadian Championship Judo Builder Team in 1961; Dedicated teacher & Judo coach 1991- Present Era Name Category Sport Brief Write Up Sandro DeAngelis Athlete Football Canadian Football League — Calgary Stampeders Niagara Falls Titans Team Soccer In 2008, the NF Titans Under 17 Boys Soccer Team U17 Boys Soccer won the Ontario Cup Championships. Team, 2008 & In 2009, the NF Titans Under 18 Boys Soccer Team Niagara Falls Titans won the Ontario Cup. The team went on to become U18 Boys Soccer Team, 2009 silver medalists at the Canadian National Championship in Edmonton. R&C-2016-10 Niagaraaa11s August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2016-10 Niagara Falls Review Renewal Agreement RECOMMENDATION That Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the Niagara Falls Review Renewal Agreement to coordinate Advertising Services at City arenas, Gale Centre and Chippawa Arena. EXECUTIVE SUMMARY City Council, Report R&C-2010-14 approved Gale Centre lease agreements with community youth organizations and private business organizations to provide Food & Beverage Services, Pro Shop and Advertising services. The current two-year Niagara Falls Review Lease Agreement includes a renewal option for an additional two years. Renewal Lease Agreements have been revised to reflect operational changes. BACKGROUND In November, 2008 staff issued a RFP to provide advertising sales, production and installation at the Gale Centre. The City received three proposals and the rights to provide this service was awarded to the Niagara Falls Review, R-2009-12. The past five-year agreement granted the rights to install arena board advertising, panel wall signs, ice surface advertisements and ice-resurfacers at Gale and Chippawa arenas. As agreed upon, the Niagara Falls Review pays a percentage of gross sales on an annual basis to the City. ANALYSIS/RATIONALE The Gale Centre, four pad arena opened June, 2010. The Advertising Services agreement provides revenue for the arena at no additional labour expense. 2 R&C-2016-10 August 23, 2016 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Niagara Falls Review Advertising Agreement provides minimal annual revenue of approximately $50,000 to the Gale Centre operations budget. CITY'S STRATEGIC COMMITMENT Financial Stability, Committed to be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources. The non-tax revenue assists in reducing the Gale Centre operating budget. Recommended by: t-/,27t C./"`46.iec i/(,6'(ti Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted i %� en Todd// hief Ad inistrative Officer R&C-2016-11 Iviagararalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2016-11 Arts & Culture Wall of Fame RECOMMENDATION That Council approve the following 2016 Arts & Culture Wall of Fame Inductees: • Paul Gigliotti & Dave Thomson, members of the band Wave • George Bailey • Ernest Green • April Mullen • Ron & Joan Brown EXECUTIVE SUMMARY The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts & Culture Wall of Fame. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year's Induction Ceremony is scheduled for Saturday, October 29, 2016. BACKGROUND On August 11, 2016, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2016 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) Outstanding achievement in their artistic or cultural field; b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; 2 R&C-2016-11 August 23, 2016 c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time; d) Community Sponsors must have a minimum of five (5) years of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. ANALYSIS/RATIONALE The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture's contribution to our daily lives and will hopefully inspire future artists, community builders, and communities sponsor. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Staff will coordinate the Induction Ceremony and have budgeted $1800.00 from the Arts & Culture Committee budget for framing of bios and photos, keeper plaques for inductees, food and refreshments. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. LIST OF ATTACHMENTS 1. Background Information on 2016 Arts & Culture Wall of Fame Inductees I 3 R&C-2016-11 August 23, 2016 "--‹ t0 .- Recommended by: /, � ��I�� Cr Kathy Moldenhauer, P irector of Recreation and Culture 2/ ' 4r--/‘-1 ‘7) Respectfully submittedid 1 sv Ken Tod , Chief A. inistrative Office f Attachment # 1: R&C-2016-11 2016 Arts & Culture Wall of Fame Inductees Background Information Paul Gigliotti & Dave Thomson, members of the band Wave • First Album "Nothing as it Seems" was a Gold Record; • Had a single hit #1 on the Canadian Charts; • Several songs hit the Top 20 and Top 40 charts; • The band received two Juno nominations; • Performed across Canada to many sold out arenas; • Received a certificate for Excellence in Arts and Creative from the City of Niagara Falls; • Both have continued to perform and work in the music industry for many years. George Bailey • Author of five books on Niagara Falls; • Written several articles in the Niagara Falls Review; • Has appeared on several national and international TV shows as an expert on Niagara Falls; • Escorted some of the most famous visitors to Niagara Falls around the City. Ernest Green • Born in Stamford Township in 1881; • Was a reporter for Niagara Falls, Buffalo and Toronto newspapers; • Work for the Dominion Bureau of Statistics until his retirement in 1929; • Returned to Niagara Falls and committed to researching and writing about the history of Niagara Falls; • Submitted over 20 significant articles for the Ontario Historical Society, Welland Historical Society & Niagara Historical Society; • He also contributed four extended series for the Niagara Falls Evening Review on Niagara's history; • Served as the historian for the 10th Dragoons and 176th Battalion; • Named a fellow of the Royal Historical Society; • Served as President of the Ontario Historical Society. April Mullen • She is a talented director, inspirational producer, and intriguing actress with now 7 feature films under her belt; • Mullen co-funded WANGO Films with Tim Doiron and under this production company has shot five features right here in Niagara Falls (Rock, Paper, Scissors: The Way Tosser, GravyTrain, Dead Before Dawn 3D, 88, and Farhope Tower); • Miss Mullen became the youngest person and first female to ever direct a live action fully stereoscopic 3D Feature Film with Dead Before Dawn 3D, which won the internal Perron Crystal Award in Belgium; • Her films have won international awards and sold all over the world. Ron & Joan Brown • Ron has used his gifts of writing, musical talent and a vivid imagination to enrich the lives of friends, cohorts and the community; • Joan has used her talents of design, historical knowledge and organizational skills to produce an influential partnership with her husband; • The main drivers of the Friends of Stamford Village from 1991 — 2015; • They promoted the history of the village, arranging meetings, tours and garden parties to celebrate the community; • Produced 10 musical plays wrote and produced by the Andy's Club of St. Andrews Church on historical topics. TS-2016-22 NiagaraJa11s August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-22 Caledonia Street— Follow-up Speed Control Review RECOMMENDATION This report is for the information of City Council. EXECUTIVE SUMMARY This report is a follow up to report TS-2015-04, that City Council approved at its February 10, 2015 meeting. Staff was directed to monitor the traffic operations on Caledonia Street and report back six months after implementation. Staff has carried out a subsequent traffic operations review on Caledonia Street to confirm if the recommendations and implemented traffic calming measures were effective. In the autumn of 2014, Staff conducted the initial traffic control review to investigate resident concerns, followed by the implementation of the traffic calming measure in spring of 2015. Subsequent traffic studies were conducted during the autumn of 2015. Overall, based on the various data collected during both traffic controls reviews, Staff has confirmed that the traffic operations are still acceptable and motorists are driving appropriately. BACKGROUND Caledonia Street is a collector road that extends approximately 925 metres from Dunn Street to the north and Dorchester Road to the west. Drivers have the right-of-way from Dunn Street to the western intersection of Margaret Street, at which point, they must stop for an all-way stop. Beyond Margaret Street, drivers have the right-of-way until they encounter a stop sign at Dorchester Road. In September 2014, Staff completed a traffic operations review for Caledonia Street in response to a request to review the speed of traffic, driver compliance of the all-way stop control and the amount of non-local "cut-through" traffic. Findings of the traffic review and a recommended plan of action were shared with residents that attended a Public Information Session held on October 2, 2014. 2 TS-2016-22 August 23, 2016 The public consultation phase yielded responses from eleven (11) homeowners on Caledonia Street out of 82 residences. All respondents identified that some action is required to mitigate their traffic concerns. The preference that secondary stop signs be installed and the pavement markings enhanced to further attract the attention of drivers of the existing all-way stop location was identified by the most number of respondents followed by narrowing the road through the line painting scheme. In February 2015, Council approved the traffic mitigation plan Staff prepared and presented at the public meeting. The plan converts a wide, long section of road into narrower, shorter sections broken up by an array of techniques. In the spring of 2015, Staff implemented the following: 1. The application of a yellow centre line between Dunn Street and Dorchester Road; 2. White edge line markings between Dunn Street and Dorchester Road to define the traffic lanes; 3. Painted medians at various intersections; 4. A marked traffic circle at the eastern intersection of Caledonia Street and Margaret Street; 5. Enhanced pedestrian crosswalks for the all-way stop at the western intersection of Caledonia Street and Margaret Street; 6. Installing secondary left side stop signs with red/white object markers for the all- way stop at the western intersection of Caledonia Street and Margaret Street; and, 7. Continuing to liaise with the Niagara Regional Police in enforcing fail-to-stop violations at the Caledonia Street and Margaret Street all-way stop. ANALYSIS/RATIONALE Studies were carried out prior to the implementation of the neighbourhood traffic plan in September 2014, and again in October 2015 after the plan had been put in place. The following is a comparison of the data: September 2014 October 2015 Result Traffic Speeds 46 km/h 47 km/h No speeding problem Traffic 785 vehicles per 796 vehicles per 1.4% increase; volumes below Volumes day day expectations for a minor residential collector road Stop sign 47% 78% Significant improvement compliance Cut-through 10 drivers per hour 18 drivers per hour Increase, but still within a tolerable traffic threshold There has not been any reported motor vehicle collisions on Caledonia Street since the previous review. 3 TS-2016-22 August 23, 2016 Residents were provided the opportunity to comment on the implemented plan in July 2016 and if they would prefer that additional traffic calming features be considered. Questionnaires were delivered to 86 residences and a response was received from 16 residents (19%). The majority of respondents felt that the implemented plan has not made a significant difference with some residents identifying that the traffic operations have gotten worse. Eight (8) residents, representing 9% of the street, identified that they would like to have additional traffic calming features considered. Many identified that the painted roundabout at the eastern intersection of Caledonia Street and Margaret Street is confusing and dangerous as it is obeyed by some, however, some choose not to obey. Observations were carried out at the traffic circle to determine how drivers were utilizing this recently implemented traffic calming feature. These observations reveal that approximately half of all motorists are utilizing the traffic circle properly as intended. This was to be expected due the relative unfamiliarity of this device on the street, and that there is no physical barrier that motorists require to navigate. Staff will continue to monitor this device and supplement it with additional traffic signs in the future as necessary. Overall, based on the various data collected during both traffic controls reviews, Staff has confirmed that the traffic operations are still acceptable and motorists are driving appropriately. Therefore, no further action is recommended at this time. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial, staffing or legal implications with Staff's recommendation. CITY'S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area map Recommended by: / ice Karl Dren, Director of Transportation Services Respectfully submitted: 1.4k114j- Ken Todd, Chief Administrative Officer M. Carrick LIVE12-31 .1)94i • .NiAi E" .5? 3,tff J . CTi TS-2016-22 Caledonia Street NiagaraFaIls Follow Up Speed Control Review Study Area NORTH TS-2016-29 NiagaraPlls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-29 Brant Avenue at Churchill Street— Intersection Control Review RECOMMENDATION That a stop sign is installed facing northbound motorists on Brant Avenue at Churchill Street. EXECUTIVE SUMMARY A stop sign is warranted at the intersection of Brant Avenue and Churchill Street to properly assign the right-of-way amongst motorists at this intersection. BACKGROUND City Staff has been requested to investigate the feasibility of installing a stop sign at the intersection of Brant Avenue at Churchill Street. A concern was raised due to the lack of traffic control at the intersection and that it is located in a school zone. ANALYSIS/RATIONALE Study results indicate that a stop control is warranted facing northbound motorists on Brant Avenue at Churchill Street. The visibility triangle requirement for an uncontrolled intersection is not met, thus warranting additional traffic control. This is common in developed residential areas when vegetation, fences and dwellings are present within the visibility clear zone. A collision review revealed that no collisions have been reported at this intersection in the previous three years. The installation of a stop sign facing northbound motorists on Brant Avenue will ensure motorists on that roadway stop and yield the right-of-way to motorists on Churchill Street. 2 TS-2016-29 August 23, 2016 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the stop sign is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2016 General Purposes Budget. Cost studies estimate that the cost to install the sign is approximately $250. CITY'S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: 1 ,16—fifr\S Ken Todd, Chief Administrative Officer TS-2016-29 Brant Avenue at Churchill Street Niagararatls Intersection Control Review Proposed Stop Sign NORTH TS-2016-31 Niagara a1 s August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-31 Tri-Party Transit Services Agreement Niagara Region - St. Catharines Transit - City of Niagara Falls RECOMMENDATION 1) That the City of Niagara Falls enter into a tri-party agreement with Niagara Region and St. Catharines Transit Commission to supply Inter-municipal transit service for a revised route NRT 50/55 and a new route NRT 40/45, at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY In September 2011, the Niagara Region commenced a pilot project of inter-municipal transit services to six municipalities within the Niagara Region, ("Niagara Region Transit or NRT") with these services to be operated by three transit operators namely, City of Welland, St. Catharines Transit Commission and the City of Niagara Falls. Niagara Region has extended the term of the inter-municipal Transit pilot project to May 5, 2017 which includes amendments to the original schedule and routes to include service to Brock University, Niagara College Glendale Campus, the Outlet Mall in Niagara on the Lake and the GO bus terminal at Fairview Mall in St. Catharines. Service will be provided at an hourly rate, which ensures all costs associated with the agreement are fully recovered. This revised service will replace the need for the Brock Rapid and the Niagara College/Niagara on the Lake services. BACKGROUND In late 2015, an inter-municipal transit working group comprising of the existing transit operators and Niagara Region was established to work together to provide future options for inter-municipal transit. The working group proposed revisions to the existing routing that involves revised routing for NRT Route 50/55 with direct service along Thorold Stone Road to Brock University and a new NRT Route NRT 40/45, along the QEW connecting Niagara Falls and St. Catharines, with stops at Niagara College, the Outlet Mall, and the current GO bus terminal at Fairview Mall. The group met with both 2 TS-2016-31 August 23, 2016 Brock University Students' Union ("BUSU") and Niagara College Student Administrative Council (NCSAC) and it was concluded that the Brock Rapid charter service and the Glendale Campus charter service provided by NFT would no longer be required, as the students would now be serviced by the NRT routes and have full access to all transit services, within the terms of the agreement. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The hourly rate will be $100.50 per hour, which recoups all costs associated with providing this inter municipal service. CITY'S STRATEGIC COMMITMENT The provision of this service supports the City's 2015 - 2018 Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. Recommended by: �" r � _ Karl Dren, Director of Transportation Services I•Lsk jettIPS Respectfully submitted: Ken Todd, Chief Administrative Officer bc/ TS-2016-30 NiagaraFalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-30 Bukator Drive and Rapids View Drive — Parking Review RECOMMENDATION That a No Parking, Tow Away Zone restriction be established on both sides of Bukator Drive between Niagara Parkway and Rapids View Drive. EXECUTIVE SUMMARY The proposed No Parking, Tow Away Zone will prohibit drivers from parking on Bukator Drive. The restriction will enable unobstructed emergency vehicle entry to Rapids View Drive, improve visibility at the curves and eliminate boulevard deterioration. BACKGROUND Transportation Staff was requested to review the potential of restricting parking on Bukator Drive/Rapids View Drive. Currently, parking is permitted on both sides of the roadway between Niagara Parkway and the southern terminus of Rapids View Drive. Rapids View Drive consists of residential dwellings on both sides along its length between Bukator Drive and its southern terminus. The Inn Motel (now closed) fronts the east side of Bukator Drive and its perimeter is secured through a chain link fence. It appears that the fence was installed within the last year which now prevents persons from parking in the motel parking lot. Light standards are present on the west side of both roadways providing illumination at night. Bukator Drive is 7.2 metres in width, and Rapids View Drive is 6.1 metres wide. Two curves are present on Bukator Drive. There are no curbs or sidewalks on either Bukator Drive or Rapids View Drive; a sign identifying that pedestrians may be present is posted on Bukator Drive. Kingsbridge Park, under the jurisdiction of the Niagara Parks Commission is located directly opposite of Bukator Drive. It was noted that drivers park on Bukator Drive if the parking lot is full or if motorists do not want to pay to park at Kingsbridge Park. 2 TS-2016-30 August 23, 2016 ANALYSIS/RATIONALE Observations revealed that the grass boulevard has been deteriorating due to drivers parking their vehicles on it. In addition, discarded waste has been left behind which further reduces the appeal of the neighbourhood. Questionnaires have been delivered to all residents of Rapids View Drive to assess their preference regarding parking control on their street. Of the twenty-one (21) questionnaires that were delivered, seven (7) residents identified that no changes are required, with six (6) indicating they prefer some form of parking regulation. Given the foregoing, Staff is recommending that a No Parking, Tow Away Zone be established on both sides of Bukator Drive between Niagara Parkway and Rapids View Drive. This parking control would eliminate persons from parking on Bukator Drive, which will provide unobstructed emergency vehicle entry to Rapids View Drive, improve visibility at the curves and improve the aesthetics of the area. Staff is recommending that no changes be made to the on-street parking control on Rapids View Drive at this time given that a consensus was not established in the neighbourhood. In the event motorists migrate onto Rapids View Drive following the implementation of the proposed restriction, Transportation Staff can follow up with another parking review in consultation with area residents. Residents were advised of Staff's recommendation through a letter and a map illustrating the extent of the proposed restriction. Four residents responded and identified that they support the recommendation. No objections were received. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2016 General Purposes Budget. Installing the signs is estimated to cost approximately $400. CITY'S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area drawing. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer TS-2016-30 Bukator Drive and Rapids View Drive Niagaralifns Parking Review Proposed Parking Restriction NORTH I r D z z Z 0 3 D m x Dean Iorfida From: Alex Herlovitch Sent: Tuesday, August 16, 2016 11:02 AM To: Dean Iorfida Cc: Ken Mech; Tom Vattovaz; Serge Felicetti; 'John Perry' Subject: RE: Proposed Car Wash - North Side McLeod Rd. Dean Please find an e-mail from John Perry, Planner, for Tom Vattovaz, requesting that the Public Meeting and report on Amendment Application AM-2016-005 be deferred. Can you please put this on communications on the August 23, 2016 Council Agenda. By copy of this email to Mr. Perry and Mr. Vattovaz, they are hereby informed that it is entirely up to City Council as to whether or not the deferral will be granted. I would note that based on past experience, Council has honoured the request of the applicant. but I cannot forecast what will happen. Thanks Alex From: John Perry [mailto:jperry6©cogeco.ca] Sent: Monday, August 15, 2016 10:42 AM To: Alex Herlovitch Cc: Ken Mech; Tom Vattovaz; Serge Felicetti Subject: Fwd: Proposed Car Wash - North Side McLeod Rd. 1-li Alex: I was unable to attend the meeting held on Wednesday August 10th and I understand that the meeting shown below has been cancelled. From the Wednesday meeting Tom Vattovaz tells me that I need to submit a request to defer the project to the September 27th meeting of City Council. I hear by on behalf of my client Mr. Tom Vattovaz request a defer of the proposed car wash fronting onto McLeod Road to be deferred to the Council meeting scheduled for September 27 2016. Please let me know if this is sufficient for your purposes. Thank you. Begin forwarded message: From: Lydia Waters <iwatersgniagarafalls.ca> Date: August 8, 2016 4:07:38 PM EDT To: Serge Felicetti <sfel cettiAniagarafalls ca>, Alex Herlovitch <aherlovitch{anagarafails,ca>, Ken Mech <kmecharagarafallsca>, wtom canadianhQrneirsgection.com"' <tom car.adlanhorneinspect gn cam>, 1„lperry6(acog_ecc ca;,, <iperry6_ cogeco_ca> Subject: Proposed Car Wash - North Side McLeod Rd. Meeting Notice 1 fXPBD-2016-36 NiagaraFnlls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-36 AM-2016-005, Official Plan and Zoning By-law Amendment Application North Side of McLeod Road_West of Sharon Avenue Applicant: Tom Vattovaz Proposal: Car Wash RECOMMENDATION That Council deny the Official Plan and Zoning By-law amendment application to add a Special Policy designation to the property and to rezone it a site specific General Commercial (GC) zone, to permit the construction of a 3-bay manual car wash. EXECUTIVE SUMMARY Tom Vattovaz has submitted an application to amend the City's Official Plan and Zoning By-law No. 79-200 to permit the construction of a 3-bay manual car wash. The development is proposed on two vacant lots located on the north side of McLeod Road, west of Sharon Avenue. The amendments cannot be supported for the following reasons: The proposal would not be a logical extension of a commercial node, but rather an intrusion of a commercial use in the middle of a Residentially designated area. The use is anticipated to have significant impacts on the surrounding residences; The lands are insufficiently sized to accommodate the use as reflected in the number of departures necessary to the City's zoning standards. The lesser standards increase the potential of disruptions to adjacent residents; and The lands would be more appropriately developed with a multiple unit dwelling as envisioned by the City's intensification policies contained in the Official Plan. BACKGROUND Proposal Tom Vattovaz has requested an Official Plan and Zoning By-law amendment for two lots located on the north side of McLeod Road, west of Sharon Avenue, totalling 1,114 square metres (0.27 ac.). Refer to Schedule 1 to locate the site. The amendments are requested to permit the construction of a 3-bay manual car wash on the property. Schedule 2 shows details of the proposal. 2 PBD-2016-36 August 23, 2016 The lands are designated Residential in the City's Official Plan which does not permit a car wash use in this location. The applicant is requesting a Special Policy Area designation be applied to the lands to permit the commercial use as an exception to the Residential policies. The lands are zoned Institutional (I) in accordance with Zoning By-law No. 79-200. The applicant is requesting the property be rezoned to site a specific General Commercial (GC) zone, with provisions limiting the use to the proposed car wash, and with site specific lot frontage, lot depth, front and rear yard depth, side yard width, lot coverage, landscaped open space, and vehicle queuing space provisions to permit the proposal. Site Conditions and Surrounding Land Uses The property consists of two undeveloped lots that were originally intended for single detached dwellings. The lots were formerly owned by the place of worship to the east. The property is surrounded by single detached dwellings to the north and west, and the place of worship and associated parking lot to the east. A small plaza, an office and several detached dwellings exist to the south. Circulation Comments Information about the requested Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara — No objection from a Provincial or Regional perspective. Although car washes are exempt from Provincial requirements requiring evaluation of noise impacts, Regional staff would still recommend a noise study be conducted to address the appropriateness of the car wash and determine any mitigation measures. A road widening, with a width to be determined by Regional staff, would be required to be dedicated at the site plan stage. • Transportation Services The current configuration of the queuing spaces cannot be supported by Transportation Services staff. If the project proceeds it is recommended that the westerly access be closed, the queuing spaces be oriented in an east to west direction, and turning templates be applied to ensure vehicles can navigate the revised configuration. 3 PBD-2016-36 August 23, 2016 • Parks Design Increased rear and side yard buffers would be recommended for the development. Noise attenuation buffer treatment along the abutting residential properties should be considered. • Municipal Works, Legal Services, Fire Services, Transit No objections to the rezoning. • Surrounding Residents Three letters of objection have been received from surrounding residents and are included in tonight's agenda. These letters cite concerns about the potential 24 hour operation of the facility; noise, visual and lighting impacts; and the potential of increased accidents on McLeod Road as a result of the facility. Neighbourhood Open House A neighbourhood open house was held on June 1, 2016 and was attended by 11 residents. The residents expressed numerous concerns about the proposal including the impacts of noise, lighting, and traffic, as well as the potential for 24 hour operation, vandalism and disruptive behavior if customers were unsupervised. The residents noted that if the proposal was approved, some sort of noise attenuation should be installed. The applicant responded to the concerns, noting that the site would be properly maintained and that cameras would be installed to ensure security. ANALYSIS 1. Official Plan The subject property, as well as the rest of the surrounding properties on the north side of McLeod Road between Sharon Avenue and the hydro canal, are designated Residential in the City's Official Plan and are intended to be developed with dwellings. Church uses are included in the Residential designations since they serve the residential community. Properties along arterial roads such as McLeod Road are permitted to be developed with apartment dwellings. Neighbourhood commercial uses may be permitted, but must be separated from designated commercial areas by a distance of at least 500 metres. The site would not qualify for a neighbourhood commercial facility under its current Residential designation due to the proximity of other commercially designated and zoned properties. The Official Plan also provides guidance on the preferred location and design of automobile serving uses such as car washes. These facilities are directed to sites adjacent to arterial roads within commercially designated areas where the impact 4 PBD-2016-36 August 23, 2016 of vehicular movements can be minimized. Sites are to have significant areas devoted to landscaping to compensate for large paved areas, and buildings and structures are to be well setback from Residential zones for improved compatibility. Commercial uses such as car washes that serve a larger portion of the City are typically located in areas designated for commercial development. As an alternative to a Commercial designation, the applicant is proposing a Special Policy Area designation to permit the proposal on the lands as an exception to their Residential designation. Staff cannot support the proposal for the following reasons: The Special Policy Area designation will introduce a commercial use on a portion of McLeod Road that is designated for residential purposes. The site is not a logical extension of a commercial area such as the ones located at the intersections of McLeod Road and Dorchester Road, and McLeod Road and Oakwood Drive. The proposal represents a disorderly mixing of incompatible uses and which increases the potential of land use conflicts. The site is undersized to accommodate the car wash and the necessary landscaping and buffering necessary to mitigate impacts on surrounding properties and streets. Building setbacks to residential properties are significantly reduced from what is expected for a car wash and landscaping strips are too small to provide adequate buffers, particularly where the building is located close to the abutting dwellings. Schedule 1 shows that no landscaping is proposed along the McLeod Road frontage (the landscaping here will be within the road widening). The applicant's planner claims that the lands are not appropriate for single detached dwellings, due to their location on a busy arterial road. The planner also claims that the four residential properties to the west of the subject lands could also be consolidated and redeveloped for a commercial use. While staff agree that the likelihood of detached dwellings being built on the subject lands may be low, they would be ideal for a multi-unit dwelling. This is confirmed by the City's Official Pan which encourages the consolidation of properties and the development of low-rise apartment buildings on this portion of McLeod Road having a minimum density of 65 units a hectare. This would equate to a 4-6 unit apartment building. 2. Zoning By-law The subject lots are currently zoned Institutional (I) in accordance with Zoning By- law No. 79-200. They were zoned I when they were owned by the adjoining congregation in anticipation that they would be used for an expansion of the place of worship. On their own, the lands are undersized for the uses permitted by the I zone. 5 PBD-2016-36 August 23, 2016 The applicant has requested the zoning of the lands to be changed to a site specific General Commercial (GC) zone, which would limit their use to a 3-bay manual car wash. In addition, numerous adjustments are requested to the standards applicable to a car wash as summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum lot frontage 33 m 30.48 m Minimum lot depth 38 m 34 m Minimum front yard depth 12 m 22 m Minimum rear yard depth 7.5 m 2.1 m Minimum side yard width 6 m 1.5 m Maximum lot coverage 20 % of lot area 14 % of lot area Minimum landscaped open 5% of lot area 17 % of lot area space coverage Minimum number of queuing 4 2 spaces per car wash bay The requested zoning cannot be supported. Substantial reductions to the lot depth, rear yard depth and side yard width are being requested as the property is undersized and not in an appropriate configuration for the proposed use. These reductions will result in the use being brought significantly closer to surrounding residences than what is intended by the zoning by-law. Increased impacts on surrounding residents are anticipated by to these reductions. Should Council approve the application consideration should be given to requiring noise attenuation fencing along property lines that abut residences. The two lots are full lots in a plan of subdivision and therefore cannot be merged without the passage of by-law to deem the lots not to be in a plan of subdivision. Should the application be approved, a deeming by-law will be necessary before the site can be developed. FINANCIAL IMPLICATIONS Development of a car wash will result in commercial tax revenue for the City. CITY'S STRATEGIC COMMITMENT The proposal does not impact on any of the Strategic Priorities. 6 PBD-2016-36 August 23, 2016 LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: A e Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 12444 p Y Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2016\PBD-2016-31,AM-2016-009,Tim and Evan Burke,Jon Grossi,5741 McGrail Ave,Zoning By-law Amendment.docx 7 PBD-2016-36 August 23, 2016 SCHEDULE 1 Subject Land w 1:1176 ANN S'f ANN ST Ati 7 d <�5 4' 3 1l° z- z MCLEOD RD W CP }-- Amending the Zoning By-law No. 79-200 ra62O1 Location: McLeod Road west of Sharon Avenue Applicant: Tom Vattovaz 8 PBD-2016-36 August 23, 2016 SCHEDULE 2 0 r4 -4 NEW 2m CLOSED itr4 Et:. 0,,x)0 BOARD FFNCT. ""lIr .111P0"Po 0110. AM, .000, mem gm, owe Arm.a go e 1 mo apormietawmatiogsom.Jen.. , i NEW 1 .2m. .... .....,...,.1.1' 1 CHAIML INK FENCE ,.40,0,460.....,,,,f.................0411.410..,..,04,05....., OPEN S ACE 1 ......mmr.,,,,........ 0211.1.1t." 141%COVERAPE ,E t . r sictewALK , hew.2,n CLO 5'E D , • I QP atant tiviotoq Acioo BoARD FE,NCL 1 , 6 a al 6 1 fr i i i , 4 ' i r .I,A a N E1DE YARD SET nAcK '-.th, , _. _ ,... _ i• ..., , P.1 FIN 1 CLOSED 4 ACOD '0 eNC e ASPHALT SURFACE , , , .•7 PARK)NG LOT t $ ... ') • LANDscAPplio eve RGRE El4s5 . ... .ti r 1 , < ..... . i,...—) I ,0 C .AVVI LLNK ENCE M I 1 1 1() co li 0 I I . , 5 A EMT :0 *EIS '' 0 -- - V SIGN --.11-- _.....„ _ • EN1 RANCE ROTO NING OF 15 MAC FRONT SCJ /AU( RA011*6 OM EXIT RADIt•MOM •, RANCE N RADII.13 OM a MCLEOD ROAD 411, . .. Niagara Falls, June 15t 2016 .. ' Planning Pile: Z Scenna�r y�I�' Letter to the Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, ON, L2E 6X5 In quality of direct neighbours to lots 79 & 80, Plan 193, North Side of Mc Leod Road, East of Sharon Avenue (Assessment Roll Nos.: 2725-080-012-07090 and 2725-080-012-07080), the undersigned Giuseppe Buonamassa and Maria F. Centonze, domiciled at 7130 Ann Street, Niagara Falls, ON,L2G 3E2, FIRMLY OPPOSE to the proposal of a 3 bay manual car wash on the land. We ask the Director of Planning & Development of the City of Niagara Falls to REJECT the Special Policy Area designation requested to be applied to the land from the applicant and to DO NOT PERMIT the proposed Car Wash. In accordance with Zoning By-law No. 79-200 the land is zoned Institutional and we FIRMLY OPPOSE any General Commercial rezone of the site. /ViLiC"----":4- 1..;11 j Planning Scanned 7140 Ann St. , --r'At- ,C1 i- , ,_ Niagara Falls,Ont L2G 3E2 Aug. 16, 2016 Director of Planning, Building & Development City Hall 4310 Queen St. Niagara Falls, Ont L2E 6X5 RE: Proposal for a 3 bay manual car wash - Lots 79 & 80, Plan 193, North Side of McLeod Rd. East of Sharon Ave. (Assessment Roll Nos. 2725-080-012-07090 & 2725-080-012-07080) Official Plan and Zoning By-Law Amendment Application - City File AM-2016-005 Applicant: Tom Vattovaz Dear Sir or Madame: I will not be able to attend the Aug 23,2016 Council meeting re this matter, so I am submitting this letter. As I stated in my previous letter in May 2016 I am completely opposed to changing what is currently designated Residential in the City's Official Plan. Therefore I fully oppose the application made by Tom Vattovaz to build the said car wash. There are also other concerns: The hours of business - Noise pollution - Visablity of Washing Bays - Lighting pollution - cleanliness of a commercial site - lack of privacy - loitering - the effect of resale value of my property. I propose that the land designation be left Residential. Your truly Anita Gravelle go Planning ccanncd Flte: fflf 7140 Ann St. Niagara Falls,Ont L2G 3E2 May 26, 2016 Director of Planning, Building & Development City Hall 4310 Queen St. Niagara Falls, Ont L2E 6X5 RE: Proposal for a 3 bay manual car wash - Lots 79 & 80, Plan 193, North Side of McLeod Rd. East of Sharon Ave. (Assessment Roll Nos. 2725-080-012-07090 & 2725-080-012-07080) Official Plan and Zoning By-Law Amendment Application - City File AM-2016-005 Applicant: Tom Vattovaz Dear Sir or Madame: I am opposed to changing what is currently designated Residential in the City's Official Plan. Therefore I fully oppose the application made by Tom Vattovaz to build the said car wash. There are also other concerns: The hours of business - Noise pollution - Visablity of Washing Bays - Lighting pollution - cleanliness of a commercial site - lack of privacy - loitering - the effect of resale value of my property. I propose that the land designation be left Residential. YourYour t(11/16(zO aw Anita Gravelle ,- a... .. .._.. ....... .... ....._._.. -.. IVED MAY 2 7 2016 1 Pt-, NrilNG 3 vE 1.OPMEN t iJr. Planning Scanned F118: 7 i s: 111Mwre Rita Marriottf-ti', ,, /,/, : , From: Alex Herlovitch Sent: Tuesday, May 31, 2016 8:54 AM To: Ken Mech; Andrew Bryce; Rita Marriott Cc: Gwen Donofrio; Mary Benson Subject: FW: NO to rezoning McLeod Rd. For the File/council Report From: Grieve, Lise _ Sent: Monday, May 30, 2016 3:41 PM To: CouncilMembers Subject: NO to rezoning McLeod Rd. Hello; I am writing to you with great concern about the proposition of changing the zoning on McLeod Rd (near Sharon Ave) to commercial so that a car wash can be built on the greenspace that is presently there. I am absolutely opposed to that proposition. I have purchased my home on Ann Street and this proposition causes me great stress in thinking my beautiful back yard would be on-looking a car wash with all the noise, chaos and disturbing situations that it would bring to my neighbourhood. I have a beautiful home in which I know this business would depreciate the value of my home and make it nearly impossible to sell in the future, if I ever choose to do so. I have spoken to several of my neighbours and not one of them thinks that this is a good idea and every single home owner is in opposition that this new business takes place on McLeod Rd. If it were a couple of residential homes to be built there, I would NOT have a problem with that but a car wash brings a lot of unsavoury issues that I am not on board with. I hope that with writing to you that you can bring a strong voice to this issue. I am aware that there is an information session to take place regarding this zoning/business idea on June 1St at city hall from 6-7pm. I do plan on attending and so are a few of the neighbours from that area to express our opinion that this is an unacceptable proposition to the area. Thank you for your time and I hope you can help us so that this decision does not get passed through council. Thank you again, Lise Grieve 7150 Ann Street Niagara Falls, ON rDE CEIVED AY 3 1 2016 PLANNING \%FI (_)-ivMFN'F 1 June 1, 2016 Director of Planning, Building& Development, City Hall 4310 Queen Street, ,J. Pannrn I r� Scanned Niagara Falls, ON - File:. c%t1krte' L2E 6X5 SUBJECT: Rezoning of Lots 79 &80, McLeod Rd., Niagara Falls 1 Dear Mr. Bryce: We are writing this letter regarding the rezoning of the above lots to accommodate a 3 bay car wash. We are completely against this proposal for the following reasons. With commercial property next to our property, the value of our home will depreciate and make it difficult for resale if/and when we choose to move.The extra traffic congestion caused by another commercial building will make it increasingly difficult for us to exit our driveway.The exit, located immediately next to our driveway, along with the planned wooden fence, would hinder our view when exiting onto McLeod Road. The entrances and exits to the existing commercial buildings are already a source of frequent accidents.We fear the proposed re-zoning and subsequent building of a car wash will create an even higher risk of traffic accidents in the area. Another major concern is regarding the road widening. We fear that the traffic brought so close to our home and front door will negatively impact the quality of life in our neighbourhood. We frequently experience issues with shaking of our home, including the plumbing/pipes, when large vehicles pass by. Further to the visibility and safety issues,we will lose a portion of our already small driveway adding to the difficulty of entering/exiting. The loss of vital green-space is an added side affect, an issue already negatively affecting many areas of the city. With proposed 24-hour opening times, the car wash will no doubt increase the risk of noise disturbances at all times of the day and night—stemming both from equipment and people. Two other questions have arisen from the proposed changes, which you may be able to speak to are: - Bell has a 6-foot easement which is right next to our driveway. What will happen with this? - Approximately 5 years ago the region was planning on widening McLeod Rd but they couldn't come any closer to the front of our homes. Can you clarify why the proposed changes are allowed when this was previously not resolved? The consensus of the neighbourhood and members of the local community strongly oppose the proposed zoning changes and building plans. ti Thank you for considering our concerns—we look forward to a speedy resolution. JUN Lib 1 I Sincerely, "} _ _.. . _. Susan and Rick Rogers 7149 McLeod Rd., Niagara Fallt,'ON L2G 3H1 PBD-2016-42 August 23, 2016 Niagaraaa11s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-42 26CD-11-2016-003 & AM-2016-014 Smart Townes Phase 3 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 7748, 7768 and 7796 Ascot Circle Applicant: Pinewood Homes (Tara) Ltd. (Michael Colaneri Jr.) Agent: Allan Heywood and Upper Canada Consulting (Jennifer Vida) RECOMMENDATION 1. That the Smart Townes Phase 3 Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; 4. That the application to amend the Zoning By-law be approved as detailed in this report and that Council pass the amending by-law included in tonight's agenda; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Pinewood Homes (Tara) Ltd. (Michael Colineri Jr.) is proposing to develop 7748, 7768 and 7796 Ascot Circle (Blocks 2, 3 and 4, Plan 59M-357), as a Plan of Vacant Land Condominium. The condominium will divide the land into 98 units of land with common private roads, parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwelling units. The developer has also applied to amend Zoning By-law No. 79-200 to rezone the land from a site specific Residential Apartment 5B Density (R5B-324) zone to a site specific Residential Low Density, Grouped Multiple 2 PBD-2016-42 August 23, 2016 Dwellings (R4) zone and to provide the necessary regulations for the project. Planning staff recommends the applications, for the following reasons: • The development is in conformity with the City's Official Plan and will be less dense than the apartment dwellings currently approved for the land; • The requested zoning, with the minor modification outlined in this report, provides appropriate regulations for the development and will ensure its compatibility with the established neighbourhood; • The recommended crash wall and building construction will provide adequate safety protection for the development from the abutting railway and industry, while warning clauses will advise future residents of potential environmental impacts from these operations; • The condominium will assist in providing housing choices and will contribute to the City's required short term housing supply 3 years; and • City, Regional and CN Railway interests will be addressed through the fulfillment of the conditions in Appendix A. BACKGROUND Proposal Pinewood Homes (Tara) Ltd. proposes to register a Vacant Land Condominium on the subject land, which is 2.07 hectares (5 acres). This plan will permit the creation of vacant land units (lots) for the future sale of the 98 townhouse dwelling units that are proposed. Schedule 1 shows the proposed unit layout. The land is currently zoned Residential Apartment 5B Density (R5B-324) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 92-240, permitting three, four-storey apartment buildings. The applicant is requesting the land to be placed under a new Residential Low Density, Grouped Multiple Dwellings (R4) zone, limiting the use to townhouse dwellings and group dwellings, with site specific lot area, front yard and privacy yard depth, side yard width, units per townhouse dwelling and parking regulations, to permit the proposed development. Site Conditions and Surrounding Land Uses The subject land is generally flat and free of significant vegetation. A berm exists along the south and east boundaries of the site, adjacent to the railway and Montrose Road, respectively. Properties on the opposite side of the street are developed with single detached dwellings. A Shoppers Drug Mart is located on the abutting parcel to the north. Industrial uses, including the Regional Recycling Facility and the Lafarge concrete batching plant, 3 PBD-2016-42 August 23, 2016 are located on the east side of Montrose Road. The CN railway abuts the land to the south. Circulation Comments • Regional Municipality of Niagara (the Region) No objections. The Region provided several conditions to address standard development requirements. These conditions have been incorporated into Appendix A. • CN Railway No objections to proposed development, subject to implementation of their requirements through conditions of approval listed in Appendix A. These requirements include the construction and independent certification of a crash wall abutting the railway, implementation of the recommendations of noise and vibration studies and the necessary warning clauses. • Transportation Services No objections. The waste disposal system (Molok) should be located within the development, not along the entry driveways, to avoid conflict with drivers entering into the development. • Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and Canada Post No objections. Requested conditions are included in Appendix A. • Ontario Ministry of Transportation (MTO), Legal Services, Transit - No objections. Neighbourhood Open House A neighbourhood open house was held on July 21 , 2016 and was attended by 6 neighbours, the developer and City staff. The neighbours expressed concerns about potential traffic impacts on surrounding streets caused by the new dwellings and the potential to impact on-street parking. Concerns about snow plowing making sidewalks impassible were also expressed. One resident expressed concern that wooden fence would be erected along the frontage of the project (along Ascot Circle). 4 PBD-2016-42 August 23, 2016 The applicant speculated that less traffic would be generated from the proposal compared to what is currently approved given that the project has 52 fewer dwelling units than the approved apartment buildings. The applicant noted the success of Smart Townes Phases 1 and 2 (near the intersection of Kalar Road and Angie Drive) in terms of the adequacy of parking and does not anticipate any parking problems with the current project. It was noted that part of the problem with having sidewalks clear of snow is the reluctance of abutting owners to take care of this. When the land is developed the condominium corporation should clear their frontage. Finally the developer stated their intent to put a wooden fence along Ascot Circle, but to screen the fence with landscaping. Transportation Services staff reviewed concerns raised by the residents. Staff do not anticipate traffic problems as a result of the proposed development because Ascot Circle currently carries far less traffic than its capacity, and the development will not significantly increase traffic. While parking issues are not anticipated, a parking analysis can be initiated by Council if parking concerns are expressed by residents in the future. ANALYSIS/RATIONALE 1 . Official Plan The subject land is designated Residential in the City's Official Plan. Residential lands that are located on local roads are permitted to be developed with a variety of housing types, including single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum net density of 40 units per hectare. Such development is to of a height and massing and is to provide setbacks that are in character with the surrounding neighbourhood. Currently the site is permitted to be developed with apartment buildings with heights up to 4 storeys and densities of up to 75 units per hectare. The proposed townhouses exceed the density anticipated on a local road by 8 units a hectare. However, the proposed two storey townhouses are more in keeping with the surrounding development in terms of housing type, building height, setbacks and density than the approved apartment buildings and have relatively direct access to an arterial road. As such, the development is considered to be in compliance with the Official Plan. 2. Zoning By-law Amendment The subject lands are currently zoned R5B-324 in accordance with Zoning By-law No. 79-200, as amended by By-law No. 1992-240. The zoning on the entire property is requested to be changed to a new site specific R4 zone. The departures from the standard R4 zone are summarized in the following table: ZONE REGULATION STANDARD I PROPOSED REGULATION REGULATION Minimum lot area 250 sq. m./unit 210 sq. m./unit 5 PBD-2016-42 August 23, 2016 ZONE REGULATION STANDARD PROPOSED REGULATION REGULATION Minimum front yard depth 6 m 3 m for a side wall of a unit 7.5 m for a rear wall of a unit Minimum side yard width One half building height 4.8 m Minimum privacy yard depth 7.5 m 6 m and 5 m for units 79 and 80 Deck/porch encroachment Not permitted permitted into a privacy yard within a side yard Maximum number of dwelling 8 10 units in a dwelling Minimum number of parking 137 (1.4 spaces/unit) 136 (1.39 spaces/unit) spaces The reduced lot area per dwelling unit is to accommodate the proposed number of dwelling units. The reduction in the side yard width is to accommodate the setback between unit number 9 and the northerly lot line and is minor in nature. Limiting a townhouse dwelling to 8 units is primarily a fire safety matter; as these concerns are now dealt with by the Ontario Building Code, increasing the number of units to 10 per dwelling is not a concern. The units are narrower than typical townhouse units. As such the massing of the dwellings is not increased substantially by the addition of 2 more units. The changes in front yard depth is to accommodate the setbacks of four of the units flanking onto Ascot Circle, as well as to accommodate privacy yards for two of the blocks. Typically the reduction to 3 metres in an established neighbourhood is not desirable as it would impact on the streetscape. However, in this case, the curve in Ascot Circle will make the reduced setback less noticeable and have less of an impact. The reduction in the privacy yard depth is to accommodate the design of the blocks at the westerly and northerly ends of the project, as well as the internal units opposite Sabine Drive. Although not ideal, the lot lines adjacent to where these reduced privacy yards are located are not next to other residences where there could be a potential loss in privacy. It should be noted that the developer has the option of increasing privacy yards somewhat by reducing aisle widths from the 6.9 metres shown on the plan to the minimum aisle width of 6.3 metres. This reduction is recommended as a condition of draft plan approval rather than a zoning standard to provide the developer some flexibility in allocating the increased privacy yard depth. Permitting a deck encroachment in a privacy yard that extends into a side yard is a housekeeping matter that will allow the future residents at the westerly and north-easterly ends of the project to have the same amenities as the other residents. Planning staff do not recommend the requested reduction in the parking requirements as the reduction is unnecessary. One additional parking space can be provided within the landscaped island towards the east end of the site. 6 PBD-2016-42 August 23, 2016 The recommended standards have been incorporated in the amending by-law. The by-law has been prepared and included in tonight's agenda for passing at the applicant's request. 3. Subdivision Design and Conditions of Approval The plan of condominium will accommodate the intended division of the block into vacant units of land that can be owned separately. The plan will facilitate the sale of the townhomes to be built on them. The plan includes a private common road network with four driveways off of Ascot Circle, visitor parking and amenity areas. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. A significant condition involves the measures necessary to ensure the safety of future residents and to mitigate potential impacts of the abutting railway. These measures include securing the design, certification and construction of a crash wall to CN's satisfaction, construction methods to protect against noise and vibration, and the appropriate warning clauses. Conditions to address these matters are included in Appendix A. The orientation of units 34 to 39 and 91 to 98, with the rear yards backing onto the street, do not create an ideal streetscape. To compensate, wood fencing along Ascot Circle should be prohibited. In its place landscaping or a decorative metal fence should be used to delineate the property line. The conditions secure this. Instead of conventional waste disposal systems the applicant is proposing a Molok' system where compact, partially buried containers are used and a special truck collects the waste. Staff support the use of this system based on its success in Smart Townes Phases 1 and 2. However, the location of some of the proposed containers within the front yard along Ascot Circle are not ideal for creating an attractive streetscape and may impede access to the site when trucks are picking up the containers. A condition of approval is that these containers to be located further within the development to the satisfaction of staff. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because the development issues including site servicing/grading, landscaping, lighting, fencing and waste disposal are addressed in the condominium agreement. Appendix A includes the recommended conditions of approval including the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. 7 PBD-2016-42 August 23, 2016 CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Condominium Plan Appendix A — Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: --w Ken Todd; Chief A 1ministrative Officer A.Bryce:mb Attach. 8 PBD-2016-42 August 23, 2016 SCHEDULE 1 LOCATION MAP Subject Land ,03455 ST 1:2353 • 4SC °TCS ys WATSON ST Amending the Zoning By-law No. 79-Z00wust 2016 Location: 7748, 7768 and 7796 Ascot Circle Applicant: Pinewood Homes (Tara) Ltd. 26CD-11-2016-003 & AM-2016-014 9 PBD-2016-42 August 23, 2016 SCHEDULE 2 Montrose Road ----- y,'AS Ens. . �+ ifililliWIdtil s." ** \ •,,,, * 4. 401 \ • \ © *,, sI' Wildr. ti — • IP XII ' )c- 4.116. '‘:' ".• 1 ly, ;*Ski%. lili111.-... 4-- \i;:**. ''''',, \ '', `. �: Slc AE 1 C • , 10 PBD-2016-42 August 23, 2016 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood — Kerry T. Howe Surveying Ltd., dated July 6, 2016, showing 98 units of vacant land for townhouses as well as common private roads, visitor parking and amenity areas, as amended by condition 4. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including, but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The Draft Plan of Vacant Land Condominium be amended by reducing aisle widths from 6.9 metres to 6.3 metres and that the additional area gained by this reduction be applied to privacy yard widths, where feasible. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submits a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide details of fencing to the satisfaction of Parks Design. Any fencing proposed along Ascot Circle shall be limited to decorative metal fencing or equivalent, with a maximum height of 1.2 metres. Details of this fencing shall be shown on the landscape plan required by condition 7. 8. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. 9. The roadways, services, lot grading and construction shall all be designed and constructed in accordance with City standards. Any sidewalks damaged during construction shall be replaced by the developer. 11 PBD-2016-42 August 23, 2016 10. The developer submit a lighting plan prepared by a professional engineer. Design is to be independently powered and metered. Photometric plans to be submitted demonstrating zero impact on neighbouring properties. The municipal light pole fronting the proposed entrance to Block 2 is to be relocated at the expanse of the developer. 11. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to approval of the plans for construction. 12. The developer pay the applicable development charges, if any, in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 13. The developer pay to the City the applicable required fees for administration. 14. That the following condition be placed in the Vacant Land Condominium Agreement: "Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conforms with the City's accepted drawings and in accordance with NPSCD and City construction specifications." 15. The developer submit the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 16. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property, provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code and post the necessary 'no parking' signs. NOTE: parking shall be prohibited on both sides of the access road. 17. The developer provide the necessary drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.5(1) of the Ontario Building Code. 18. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 19. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and 12 PBD-2016-42 August 23, 2016 subsequent completion of landscaping, grading and paving, and service and meter installation details. 20. That a Community Mail Box (CMB) be located on the site to the rear of unit 29, facing the driveway, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 21. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 22. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 23. The developer submit an air quality assessment, conducted by a qualified person, to the Region for review and approval. The Region will require a peer review of the air quality assessment at the cost of the owner. 24. The condominium agreement include provisions where the developer agrees to implement the recommendations outlined in the Environmental Noise Study, prepared by Valcoustics Canada Ltd. and date July 14, 2016, as reviewed and approved by the Region, including but not limited to: a. Construction of the specified acoustic barriers. b. Installation of specified ventilation requirements. c. Upgraded building façade construction. d. Inclusion of Warning Clauses in all Offers of Agreements of Purchase and Sale or Lease e. Receipt of confirmation/certification from a Professional Engineer qualified to provide acoustical engineering services in the Province of Ontario that: Includes specific recommendations regarding windows and exterior walls for those specified units, when detailed floor plans and elevations are available for dwellings on those lots, so that mitigation is based on actual window to floor area ratios, and that those specific recommendations have been incorporated into the floor and elevation plans for Building Permit issuance; 13 PBD-2016-42 August 23, 2016 ii. All noise attenuation measures have been constructed and meet the requirements of the noise study. 25. The owner confirms the Railway Vibration Study, prepared by Valcoustics Canada Ltd. And dated July 14, 2016, is acceptable to Canadian National Railway (CNR) staff and that the specific mitigation measures from the study have been adequately incorporated into the proposed plan 26. The condominium agreement between the developer and the City contain the following clause: "Purchasers/tenants are advised that due to the site layout, garbage/recycling pickup for the development will be provided through a private contractor by the Condominium Corporation and not Niagara Region." 27. The condominium agreement include a clause requiring the owner to obtain Regional Construction Encroachment Permit(s) prior to any construction taking place within the Regional road allowance. Permit applications must be made through the permits Section of the Niagara region Public Works Department. (Transportation Services Division). 28. The condominium agreement includes a clause requiring the owner to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region Planning and Development Services Department (Development Services Division) for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 3. The format for all studies and reports to be submitted to the Niagara Region to satisfy these conditions shall be two hard copies and a PDF digital copy. 29. The developer enter into a development agreement with CN railway to address all their requirements of development which shall include but not be limited to construction and certification of the crash wall, implementation of the recommendations of the Environmental Noise Study and Railway Vibration Study, both for Valcoustics Ltd., warning clauses and drainage, all to the satisfaction of CN Railway. 14 PBD-2016-42 August 23, 2016 30. The developer submit to the Niagara Peninsula Conservation Authority grading, storm servicing and construction sediment control drawings for review and approval. 31. That condition 30 be incorporated into the Agreement between the developer and the City to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). NOTE: The City is to circulate the draft agreement to the NPCA for its review and approval. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Planning Division for Conditions 1 to 4 (inclusive) Legal Services for Conditions 5 and 6 Parks Design for Conditions 7 and 8 Municipal Works Department for Conditions 9 to 14 (inclusive) - Fire Services for Conditions 15 to 17 (inclusive) Bell Canada for Condition 18 Enbridge Gas for Condition 19 - Canada Post for Conditions 20 to 22 (inclusive) Regional Niagara Public Works Department for Conditions 23 to 28(inclusive) CN Railway for Condition 29 - Niagara Peninsula Conservation Authority for Conditions 30 and 31. PBD-2016-38 August 23, 2016 Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-38 26CD-11-2016-002 & AM-2016-011 Victoria Woods Phase 2 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 9245 to 9311 Shoveller Drive Applicant: Silvergate Homes Ltd. (John Passero) Agent: Upper Canada Consulting (Ken Gonyou) RECOMMENDATIONS 1. That the Victoria Woods Phase 2 Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; 4. That the application to amend the Zoning By-law be approved as detailed in this report; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Silvergate Homes Ltd. (John Passero) is proposing to develop Block 97 and Lots 33 to 37 inclusive, located on the north side of Shoveller Drive in the Fernwood Phase 3 subdivision, as a Plan of Vacant Land Condominium. The condominium will divide the land into 29 units of land with a common private road, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwelling units. The developer has also applied to amend Zoning By-law No. 79-200 to rezone a small portion of the land from Envrionmental Protection Area (EPA-933) to Residential Low Density, Grouped Multiple Dwellings (R4-932) and to adjust the zoning regulations. Planning staff recommends the applications for the following reasons: 2 PBD-2016-38 August 23, 2016 • The development is in conformity with the City's Official Plan and will be compatible with the surrounding development; • The requested regulations are appropriate for the development and are consistent with those that have been approved for the townhouse project abutting to the east; • The removal of several mature trees and a small vernal pond on the property is in accordance with a Niagara Peninsula Conservation Authority (NPCA) Permit and protection of the Locally Significant Wetland and woodlot to the north will be achieved through fencing and lot grading; • The condominium will assist in providing housing choices and will contribute to the City's required short term housing supply (3 years); and • City, Regional and NPCA interests will be addressed through the fulfillment of the conditions contained in Appendix A. BACKGROUND Proposal Silvergate Homes Ltd. proposes to register a Vacant Land Condominium on the subject land. This plan will permit the creation of vacant land units (lots) for the future sale of the 29 townhouse dwelling units that are proposed. Schedule 1 shows the proposed unit layout. The land is currently zoned Residential Low Density Group Multiple Dwellings (R4-932), in part, and Environmental Protection Area (EPA-933), in part, in accordance with Zoning By-law No. 79-200, as amended. The applicant is requesting the entire property to be placed under a new R4 zone, with site specific front yard and privacy yard depth, side yard width, lot coverage and parking regulations. Site Conditions and Surrounding Land Uses The subject land is located next to the City's Urban Area Boundary. The majority of the site is vacant. A small portion of the site contains a Locally Significant Wetland. The site abuts a woodlot to the north. Several mature oak trees are located along the northern limit of the site. A small vernal pond extends several metres onto the land. Other than the aforementioned wetland and woodlot to the north, the property is surrounded by townhouses (Victoria Woods Phase 1) to the east, and singled detached dwellings and vacant lots intended for single detached dwellings to the south and west. Circulation Comments • Regional Municipality of Niagara (the Region) 3 PBD-2016-38 August 23, 2016 No objections. The Region provided several conditions to address standard development requirements. These conditions have been incorporated into Appendix A. • Niagara Peninsula Conservation Authority (NPCA) No objections. Requested conditions included in Appendix A. • Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and Canada Post No objections. Requested conditions included in Appendix A. Neighbourhood Open House A neighbourhood open house was held on July 20, 2016 and was attended by one neighbour, the developer and City staff. The resident in attendance did not voice specific concerns about the proposed development, but asked a number of questions about the protection of the woodlot to the north of the land, the removal of trees on the subject land and the impacts of the development on properties that back onto the land. The developer and staff noted that the woodland to the north is protected under an Environmental Conservation Area designation and is not intended for development. Further information was provided about the removal of trees and the vernal pond, noting that this would be done in accordance with a permit issued by the NPCA. In addition, the developer indicated that the requested site specific changes to the zone should not impact on the neighbour. ANALYSIS/RATIONALE 1. Official Plan The subject land is designated Residential in the City's Official Plan and is affected by a Special Policy Area designation (No. 44) that encompasses the entire Fernwood development. The Special Policy Area designation requires the area to be developed to achieve a minimum density of 14.8 units per hectare (6 units per acre). The development of the subject land for townhouses assists the subdivision in achieving the required density. The development will also contribute to the required short term (3 year) supply of housing mandated by the Planning Act for future needs. The Locally Significant Wetland to the north of the subject land is designated Environmental Conservation Area and is regulated by the NPCA. A small portion of the feature (13 trees and a small vernal pond) extend onto the land. The Offficial Plan requires the applicant to demonstrate that the development does not 4 PBD-2016-38 August 23, 2016 impact on environmental features and that appropriate permits are obtained where NPCA regulated features are affected. The applicant has obtained a permit from the NPCA, under their wetland compensation policies, which allows for the removal of the vernal pond and trees on the subject land subject to the enhancement (planting of approximately 150 native trees) of a nearby wetland. In addition, the applicant has submitted an Environmental Impact Statement which proposes measures (grading and fencing) to protect the wetland. The NPCA supports these measures subject to the fulfillment of a number of conditions listed in Appendix 1. 2. Zoning By-law Amendment The subject lands are currently zoned R4-932, in part, and EPA-933, in part, in accordance with Zoning By-law No. 79-200, as amended by By-law Nos. 2011-004 and 2015-011. The zoning on the entire property is requested to be changed to a new site specific R4 zone. The departures from the standard R4 zone are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 6 m 3.1 m Minimum side yard width One half building height 1.5 m Maximum lot coverage 35% 49% Maximum projection of a 2.5 m 3.1 m deck/covered porch into the required front/rear/privacy yard Minimum number of parking 40 (1.4 spaces/unit) 62 (2.1 spaces/unit) spaces The requested amendments can be supported for the following reasons: • The reduction in front yard depth is to accommodate the setbacks of two of the units flanking onto Shoveller Drive. The setbacks are similar to the exterior side yard setbacks of a single detached dwelling; • The requested side yard width is the same as that of the Victoria Woods Phase 1 condominium and is to accommodate flankage yards of two of the units. These setbacks are consistent with those of a single detached dwelling and are not expected to impact on surrounding dwellings; • The increased lot coverage is to accommodate the larger footprint of the bungalow townhouse dwellings as well as the covered porches. Sufficient landscaping is provided on the site, particularly around the periphery of the property, to mitigate the additional lot coverage; • The requested increase in porch and deck encroachments is minor in nature. They are not anticipated to affect abutting property owners; and 5 PBD-2016-38 August 23, 2016 • The increase in the required number of parking spaces will ensure the provision of ample on-site parking (more than 2 spaces per dwelling unit) and will reduce the occurrence of on-street parking. 3. Subdivision Design and Conditions of Approval The plan of condominium will accommodate the intended division of the block into vacant units of land that can be owned separately. The plan will facilitate the sale of the townhomes to be built on them. The plan includes a private common road off of Shoveller Drive, visitor parking and amenity areas. The scale and height of the proposed dwellings will be compatible with the surrounding dwellings. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. To ensure the protection of the wetland/woodlot to the north, the applicant's environmental consultant has recommended limit of work fencing be required along the common lot line prior to construction, with permanent fencing installed prior to occupancy of the dwelling units and grading to maintain current drainage patterns. Due to the site's proximity to agricultural land, the Region has requested a warning clause be included in the condominium agreement to advise future residents about nearby farming activities. Conditions to address these items are included in Appendix A. The orientation of units 26 to 29, with the rear yards backing onto the street, is not ideal for the streetscape. To compensate, the condominium approval should prohibit wood fencing along this yard and use landscaping or decorative metal fencing to delineate the property line. This is included as a condition. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because the development issues (i.e. site servicing/grading, landscaping, lighting, fencing, and waste disposal) are addressed in the condominium agreement. Appendix A includes the recommended conditions of approval including the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. 6 PBD-2016-38 August 23, 2016 LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Condominium Plan Appendix A — Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: ILa110 Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S.\PDR\2015\PBD-2015-15,AM-2015-001 &26T-11-2015-001,Warren Woods Phase 3 Stage 3.docx 7 PBD-2016-38 August 23, 2016 SCHEDULE 1 Subject Land- 1:1176 MZ. ,�; '� � '�, a„. s ,'"�#"NtAr4FF 'h �'` 1,"72; � ':Y A, #f ,, �E xx�cc5-y5^, ``.n�t Raek � 1 - Yd A ,1 K 4 � . Yy; s I � i,1„„... � 4.,':,' F yy.Uvirr,'''iti*H'',4 .':;..4,.. � 'k...Y0..a 5 Y d Y '115,4 W-4",„.0 .1 = .1'''i‘ '''''a�, pz ",'4'444 ,_ .gam x.: � , �' r. 5 � i''''''''' ki.• e. la Q '',!,'&44,.,-., ,p4 Afis4nm...,�'9 rN V Z Z .; kO 1/1 Q49) � Amending the Zoning By-law No.79-200 lune�o1a Location: 9245 - 9311 Shoveller Drive Applicant: Silverciate Homes Ltd. 8 PBD-2016-38 August 23, 2016 SCHEDULE 2 VICTORIA WOODS PHASE 2 CITY OF NIAGARA FALLS 0 i I EX AGRICULTURAL/OPEN SPACE Or r p f f 4 �, r f , `+. f �,5 6� i C * • j 1 f 8 Ii ;. i f a.— . 9 v j ' i 10. I 1'Ii , 11E1 s 1 ' 12 i i f ° i i f 7Y i .. .13 Tr( ! j 14 ; WIm -t 4 f 1 �I 4? • 20 24 _ ' f 27 f 28 • - 29 m _ 21 "'... . r , [ } t EX RESIDENTIAL 1 1 i SHOVELLER DRIVE y O mA CI EX RESIDENTIAL I 9 PBD-2016-38 August 23, 2016 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated April 6, 2016, showing 29 units of vacant land for townhouses as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submits a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a 1.8 metre high wood fence along the lot line that abuts the single detached lots to the west and 1.5 metre high black vinyl chain link fence (or alternative fencing acceptable to the City and the Niagara Peninsula Conservation Authority) along the north lot line to the satisfaction of Parks Design. Any fencing proposed along Shoveller Drive shall be limited to metal fencing or equivalent, with a maximum height of 1.2 metres. Details of this fencing shall be shown on the landscape plan required by condition 7. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. 8. The roadways, services, lot grading and construction shall all be designed and constructed in accordance with City standards. 9. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 10 PBD-2016-38 August 23, 2016 10. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to approval of the plans for construction. 11. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 12. The developer pay the City the applicable required fees for administration. 13. That the following condition be placed in the Vacant Land Condominium Agreement: "Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conform with the City's accepted drawings and in accordance with NPSCD and City construction specifications." 14. The developer submit the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 15. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code; and post the necessary 'no parking' signs. NOTE: parking shall be prohibited on both sides of the access road. 16. The developer provide the necessary drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.5(1) of the Ontario Building Code. 17. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 18. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 19. That a Community Mail Box (CMB) be located on the site to the rear of unit 29, facing the driveway, or in an alternative location if determined by Canada Post, and 11 PBD-2016-38 August 23, 2016 that the developer identify this site on a display in the sales office prior to offering any units for sale. 20. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 21. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 22. The condominium agreement between the developer and the City contain the following clause: "The developer agrees to include the following warning clause in all offers and agreements of purchase and sale: The lands in the Fernwood Phase 3 subdivision are in proximity to lands designated for agricultural uses and, therefore, may be subject to noise, odour, and/or dust from nearby agricultural operations that may interfere with some activities of the dwelling occupants." 23. If curbside waste collection is to be provided by the Region, the draft plan shall conform to Regional Niagara Policy C3.C17 "Collection of Waste by Way of Entry of Private Property" to the satisfaction of the Region of Niagara, and; a. The condominium agreement between the developer and the City include the following clauses: "The developer agrees to comply with the Region of Niagara's `Collection of Waste by Way of Entry on Private Property' Policy (C3.C17) and enter into an Indemnity Agreement with the Region." "In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the developer for Units 1-4 and 14-16 inclusive as indicated on the draft plan of condominium, prepared by Upper Canada Consultants and date April 6, 2016. Waste collection pads shall be located 2 metres parallel to the curbside and 1 metre perpendicular to the curbside, with the unit number embossed within the concrete pad." b. That the following clause be included in all Offers and Agreements of Purchase of Sale or Lease for each dwelling unit to survive closing: 12 PBD-2016-38 August 23, 2016 "In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the developer for Units 1-4 and 14-16 inclusive as indicated on the draft plan of condominium, prepared by Upper Canada Consultants and date April 6, 2016. Waste collection pads shall be located 2 metres parallel to the curbside and 1 metre perpendicular to the curbside, with the unit number embossed within the concrete pad." 24. If waste collection is not to be provided by the Region, the condominium agreement and all Offers and Agreements of Purchase and Sale or Lease for each dwelling unit contain the clause stating that waste collection will be the responsibility of the condominium corporation as follows: "Due to the site layout, waste collection for the development will be provided by the condominium corporation through a private contractor and not the Region." Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft subdivision or condominium agreement for the proposed development should be submitted to the Niagara Region Planning and Development Services Department (Development Services Division) for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 3. The format for all studies and reports to be submitted to the Niagara Region to satisfy these conditions shall be two hard copies and a PDF digital copy. 25. The developer provide 1.5 metre high chain link fencing along the northern lot line. 26. Sediment control and limit of work fencing be provided along the northern lot line and that no grading occur beyond this point. Limit of work fencing must be maintained during the development process and all silt fencing shall be removed once work is completed and all exposed soils are re-vegetated or otherwise stabilized. 27. Any stockpiled soil be stored a minimum of 3 metres from the sediment control fencing along the northern property line. 28. The condominium agreement between the developer and the City contain wording to implement the approved grading, storm servicing and construction sediment control plans. 13 PBD-2016-38 August 23, 2016 29. That conditions 25 to 27 inclusive above be incorporated into the condominium agreement between the developer and the City, to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). The City shall circulate the draft condominium agreement to the NPCA for its review and approval. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Planning Division for Conditions 1 to 3 (inclusive) Legal Services for Conditions 4 and 5 Parks Design for Conditions 6 and 7 Municipal Works Department for Conditions 8 to 13 (inclusive) - Fire Services for Conditions 14 to 16 (inclusive) Bell Canada for Condition 17 Enbridge Gas for Condition 18 Canada Post for Conditions 19 to 21 (inclusive) - Regional Niagara Public Works Department for Conditions 22 to 24 (inclusive) Niagara Peninsula Conservation Authority for Condition 25 to 29 (inclusive) Planning Scanned 9325 Madison Crescent Niagara Falls, Ontario L2H 0M3 August 15, 2016 Director of Planning and Development City Hall 4310 Queen Street NIAGARA FALLS ON L2E 6X5 Dear Sir: Re: File Nos. 26CD-11-2016-002 & AM-2016-011 Zoning By-Law Amendent Application - Silvergate Homes Ltd. Thank you for the Notice of Application & Open House dated July 5, 2016, relating to the proposed change of property fronting Shoveller Drive. I am the owner of the house at 9325 Madison Crescent. This property backs onto the proposed area for rezoning. When we purchased the lot we looked carefully at what would be behind us. We picked this land because we thought there would only be one back yard behind our house. Based on this as well we did receive rezoning approval for our property, firstly in order to increase the lot coverage and also to allow us to put our deck closer to the back property line. I would think that the reason for the approval in part was at least because there would only be one back yard behind us. The buildings are also quite tall. We understand that the application will increase the size of the buildings and the height and size will make things even more claustrophobic. We are concerned with the new proposal as it appears the back decks of the proposed condominium will be quite close to our back yard. We are concerned about noise as well as privacy. It appears to us as well that the proposed rezoning will lead to a much higher density than any of us had anticipated. In other words it appears that we will be much closer to neighbours than anyone had anticipated when we first purchased the land to build our house upon. Rather than have just one back yard behind us it now appears that we will have at least two backyards and there will be another three that obviously will be behind us and within view. We are concerned that the neighbourhood already has very little green space. We acknowledge that there is a small park off of Hendershot as well a walking trail behind Hendershot. It appears that other than that there is no green space. Another small park or simply a green space would obviously be preferable to homeowners backing onto the proposed development. We have Page 2 already experienced many trees being cut down in the Carolinian woodlot located on the north side of the proposed development in an area that we understood to be environmentally protected. Thanking you for your consideration. Yours very truly, Sandra Enskat 4 i' PBD-2016-37 August 23, 2016 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-37 AM-2016-010, Zoning By-law Amendment Application 9387 Lundy's Lane Applicants: Campark Resorts (Phil Van Kleef) Proposal: Expansion of Camping Establishment Zoning and Addition of Place of Entertainment and Recreational Uses RECOMMENDATION That Council approve the Zoning By-law amendment application to zone the entire property a site specific Camping Establishment (CE) zone, permitting the uses permitted under the CE zone, unserviced cabins, a place of entertainment, and recreational uses, subject to the regulations for height, lot coverage, front yard depth, and setback from the CN railway, outlined in this report. EXECUTIVE SUMMARY Phil Van Kleef (Campark Resorts) has submitted an application to amend Zoning By-law No. 79-200 for 9387 Lundy's Lane. The property is used for a trailer camp including unserviced cabins, and a variety of ancillary uses. Recently the property has also been used to host special seasonal events. The westerly end of the property is zoned Agricultural, which does not permit a trailer camp or any of the associated uses. The applicant is requesting the entire property to be placed under a new site specific Camping Establishment (CE) zone that will be permit the trailer camp and unserviced cabins, as well as a place of entertainment and recreational uses. The amendment is recommended for the following reasons: - The proposed uses are within the intent of the property's Tourist Commercial designation in the Official Plan; - The trailer camp including the additional uses provide an appropriate transition from the more intensive tourist commercial uses to the east and rural and agricultural uses to the south and west; and The recommended zoning regulations will assist in maintaining compatibility with nearby residential development, and ensure the proposed uses are setback a safe distance from the abutting CN railway. 2 PBD-2016-37 August 23, 2016 BACKGROUND Proposal Phil Van Kleef (Campark Resorts) has requested a Zoning By-law amendment for a 9.5 hectare (23.5 ac.) parcel of land known as 9387 Lundy's Lane. Refer to Schedule 1 to locate the site. The zoning amendment is requested to extend the trailer camp onto a portion of the land that is currently restricted to agricultural uses and to permit a place of entertainment and recreational uses to be established on the whole of the land. Schedule 2 shows the portion of the property where the campground is proposed to be expanded. Schedule 3 shows the existing and proposed buildings within this area. The land is zoned Camping Establishment with site specific regulations (CE-381), in part, which permits the existing trailer camp, accessory buildings and a dwelling, and unserviced cabins, and Agricultural (A), in part, which permits agricultural uses. The applicant is requesting the entire property to be placed under a new site specific CE zone permitting the uses permitted under the CE zone, the unserviced cabins, a place of entertainment and recreational uses. Site specific building height, lot coverage and front yard depth regulations are also requested. Site Conditions and Surrounding Land Uses The majority of the property is occupied by a trailer camp which includes sites for trailers, unserviced cabins and accessory facilities to serve the campers, including an office, tuck shop and various recreational facilities. Much of the westerly corner of the property (under the A zone) is undeveloped, but portions of it have been use for seasonal events (haunted house and corn maze), recreational facilities for the campers and storage. The CN railway borders the subject lands to the north. The Fernwood plan of subdivision is located on the other side of the railway. Agricultural uses and rural residential dwelling are located to the south, and an industrial plant is located to the east. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara — The proposed amendment is consistent with Provincial and Regional policies. The applicant has provided a Stage 1 and 2 Archaeological Assessment that demonstrates there is no archaeological potential on the property. 3 PBD-2016-37 August 23, 2016 • CN Railway No objections to the rezoning, subject to their requirements being met. For safety reasons new campsites and places of assembly should be located at least 30 metres away from CN Railway's property. Workshops and storage should be located 15 metres away from CN Railway's property. Berming and fencing in accordance with CN Railway's requirements is to be installed. • Transportation Services No objections. It appears that more than 250 parking spaces are available for special events by utilizing unused campsites. Appropriate directional signs should be installed for special events. Should overflow parking spill over onto Lundy's Lane or Garner Road, no parking signs may be installed • Municipal Works, Legal Services, Transit. Fire Services, Parks Design No objections. Neighbourhood Open House A neighbourhood open house was held on June 27, 2016 which was attended by 12 residents. The residents did not express any objections to the amendment, but expressed concerns if large scale concerts or late night activities occurred. One neighbour expressed concerns about campfires. The applicant noted that they have no intent in holding large scale concerts, rather that the activities would be like the special events already being held on the property (i.e. haunted house, corn maze, charity run). Some small concerts may be contemplated. Staff provided information on the Noise By- law, noting that noise should not be audible from events on the site in surrounding neighbourhoods late at night unless permission has been granted by the City. Staff also noted that Council has decided that campgrounds are allowed to have campfires. ANALYSIS 1 . Official Plan The subject property is designated Tourist Commercial in the City's Official Plan and is located within the Lundy's Lane Tourist District. Lands within the Satellite Tourist District are intended to include a range of tourist serving facilities, including accommodations and entertainment facilities that are compatible with local serving community facilities and residential areas. The existing campground and proposed place of entertainment and recreational uses conform with the uses contemplated in tourist commercial areas. The campgrounds are generally lower in intensity than other commercial uses. In this case it provides a transition from the more intense tourist commercial uses to the 4 PBD-2016-37 August 23, 2016 east and the rural and agricultural uses to the south and west. The additional uses proposed are consistent with this type of development. 2. Zoning By-law The applicant has requested a new Campground Establishment (CE) zone be applied to the entire property, incorporating the existing site specific CE-381 zone regulations (which permit the existing trailer camp and unserviced cabins) as well as the place of entertainment and recreational uses. The requested zoning better reflects the intent of the Official Plan than the current Agricultural (A) zoning that applies to the western end of the property. In addition, the following site specific regulations are requested and recommended: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 15 m plus 17.5 metres from the 12 m centreline of Lundy's Lane Maximum lot coverage None 25 % Maximum building/structure None 10 m height - The requested front yard depth is consistent with the front yard depth provided by the existing dwelling on the property and will help to provide a consistent streetscape. - The establishment of lot coverage and building height provisions for the property are recommended to maintain development in a form that is compatible with the residential area to the north. Maximum building height for dwellings in this residential area is 10 metres. To address CN Railway's comments and to ensure the maintenance of a safe distance from the railway, Planning staff recommend that all buildings and structures containing a place of entertainment, recreational uses or a place of assembly, as well as any new trailer camp sites, be set back a minimum of 30 metres from the northerly property line abutting the Railway. All other new buildings and structures should be set back 15 metres from this property line. The applicant will be required to amend the current site plan agreement that applies to the property to permit the new development. FINANCIAL IMPLICATIONS Any new buildings will provide new tax assessment for the City. CITY'S STRATEGIC COMMITMENT The proposal does not impact on any of the Strategic Priorities. 5 PBD-2016-37 August 23, 2016 LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Schedule 3 - Site Plan Showing Existing & Proposed Buildings Recommended by: ' Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: IL11.--444' p Y Ken Todd, Chief Administrative Officer ABryce mb Attach. S:\PDR\2016\PBD-2016-37,AM-2016-010, Campark Resorts, 9387 Lundy's Lane,Zoning By-law Amendment.docx 6 PBD-2016-37 August 23, 2016 SCHEDULE 1 LOCATION MAP Subject Land ro 1:4766 stkaT BV '-� N© TAPESTRY CT ND kkt 0 <z" 72 C7 CiC cOtSk lUNDY'S LN cs 7a z m • O Amending the Zoning By-law No.79-200 JUIY 2614 Location: 9387 Lundy's Lane Applicant: Campark Resorts AM-2016-010 7 PBD-2016-37 August 23, 2016 SCHEDULE 2 . .` C d iotilop FIN , r. aft i*. g.. tl. 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Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-41 AM-2016-012, Zoning By-law Amendment Application 5205 Fourth Avenue Applicant: Evan MacDonald Proposal: Conversion of Existing Building into a 10 Unit Apartment Building RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Apartment 5B (R5B) zone to permit the existing building to be used as a 10 unit apartment building, subject to a holding (H) provision prohibiting development on the land until a Record of Site Condition is filed with the Ministry of the Environment (MOE). EXECUTIVE SUMMARY Evan MacDonald has requested a Zoning By-law amendment to rezone the lands known as 5205 Fourth Avenue to a site specific Residential Apartment 5B (R5B) zone which would permit the conversion of the existing building into a 10 unit apartment building. The amendment can be supported because: • the development satisfies the intent of Provincial policies and City's Official Plan to provide intensification opportunities within the City and additional housing choices for City residents; • the existing building is being reused as a proposed apartment building, which is consistent with Provincial Policy; • the density of the proposed apartment building is consistent with the density requirements in the City's Official Plan; • the project provides, ample landscaping and preserves mature trees on site with no changes proposed to the exterior dimensions of the existing building. This makes the proposal compatible with the surrounding residential uses; and • existing and planned infrastructure can support the development. 2 PBD-2016-41 August 23, 2016 To ensure the building is safe for residential use, it is recommended the project be subject to a holding (H) symbol until the applicant has completed and filed a Record of Site Condition with the Ministry of the Environment (MOE). BACKGROUND Proposal Evan MacDonald has requested a Zoning By-law amendment for the 0.19 hectare (0.47 acre) property known as 5205 Fourth Avenue. Refer to Schedule 1 to locate the property. The amendment is requested to allow the existing building to be converted into an apartment building containing 10 dwelling units. Schedule 2 shows details of the site. The property is zoned Residential Single Family and Two Family with site specific regulations (R2-814) in accordance with By-law No. 79-200, as amended by By-law Nos. 2008-13 and 2011-92. This zoning limits the use of the property to a place of worship, martial arts school, a dance or music studio, a calisthenics studio or an art studio and a dwelling unit with a garage. The applicant is requesting a Residential Apartment R5B zone with site specific regulations for reduced interior side yard width, exterior side yard width, and rear yard depth to recognize the existing built-form. A reduction to the length of a parking space and aisle width is also requested. Site Conditions and Surrounding Land Uses The property is occupied by a former place of worship and hall, which was subsequently converted to a martial arts school. The building is currently vacant. The parking area and a private garage are accessed from McRae Street. Landscaped areas, including mature trees, exist along Fourth Avenue and north side of the building. The property is surrounded by single detached dwellings to the north, west and south. A retirement home (Eventide Home) exists to the north-east of the property. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara The proposal satisfies the intent of the Provincial policy by facilitating the reuse of the existing building, thus making more efficient use of urban serviced land and existing infrastructure. The proposal will assist the City in achieving the 40% intensification target for the Built-Up Area. 3 PBD-2016-41 August 23, 2016 As the existing building was previously used as a place of worship (community use), a Record of Site Condition must be filed on the Ministry of Environment's Brownfields Environmental Site Registry prior to any change to a more sensitive use (i.e. residential). • Transportation Services - The parking stalls are shown as 5.8 metres long with a 6.5 metre aisle. Transportation Services has no objection to the reduced stall lengths as this is an existing situation. • Building Services — A Record of Site Condition will be required prior to the issuance of a Building Permit. • Municipal Works, Legal Services, Fire Services, Transit - No objections. • Surrounding Residents One letter of objection has been submitted by a neighbouring resident and is on tonight's agenda for consideration. The letter cites concern about the additional traffic generated by the proposed development, insufficient on- site parking and poor property maintenance. Neighbourhood Open House A neighbourhood open house was held on July 21 , 2016 which was attended by 5 residents. The residents were supportive of the application, but had several questions regarding the nature of the project, unit sizes, expected rents, provision of parking, and if the project would be affordable rental housing. The residents expressed concern that the on-site parking is sufficient for the proposed development. One resident mentioned that the property was not being maintained and the grass was not being cut on a regular basis. The neighbour to the west of the subject property requested information regarding the location of the garbage bin and requested that it not be located in the northwest corner of the property. The applicant responded to the concerns, assuring that the site would be properly maintained in the future. He also noted that the proposal complies with the City's requirement regarding the number of parking spaces. The applicant also confirmed that the garbage will be stored within the building. 4 PBD-2016-41 August 23, 2016 ANALYSIS/RATIONALE 1 . Provincial Policy Statement and Growth Plan Provincial policy encourages residential intensification in order to provide efficient use of servicing. The proposed Zoning By-law amendment is consistent with the Provincial policies as it utilizes an existing building for reuse, contributes to the City's housing supply and is located on bus route. Provincial policy also encourages a mix of housing options. The predominant form of housing in the City is single detached dwellings, the proposed apartment building will contribute to the mix of housing types and will add to the variety of rental stock in the City. 2. Official Plan The lands are designated Residential in the Official Plan. The residential policies in the Official Plan support providing innovative housing forms. The proposal is on a collector road, which allows apartments with a maximum density of 75 units per hectare, and a limit height maximum of 4 storeys. The proposed apartment building conforms with the Official Plan policies as follows: — The density of the proposed apartment building is 52.6 units per hectare which conforms with the density criteria of the Official Plan. - The proposed apartment building will use the existing building in its entirety. There are no plans to expand the building envelope. Since this building has existed for more than 40 years, it is part of the character of the neighbourhood and, therefore, compatible with the built-form of the area. The proposed apartment building represents intensification of the property and will contribute to the City's housing supply. The reuse of the existing building is an innovative form of redevelopment. - The 10 unit apartment building is not expected to generate a significant amount of traffic. Therefore, impacts on existing traffic patterns are not expected. 3. Zoning By-law The current site specific Residential Single Family and Two Family (R2-814) zoning of the lands permit a place of worship, martial arts school, a dance or music studio, a calisthenics studio or an art studio and a dwelling unit with a garage. 5 PBD-2016-41 August 23, 2016 The applicant is requesting a Residential Apartment R5B zone with site specific regulations for reduced rear yard depth, interior side yard width and exterior side yard width to recognize the existing built form. The applicant is also requesting relief for the length of a parking space and parking aisle width. The following chart compares the standard regulations of R5B zone with those proposed. ZONE REGULATION EXISTING R5B PROPOSED R5B REGULATION REGULATION Minimum lot area 133 sq. m per unit 191.3 sq. m per unit Minimum lot frontage 30 m 36 m Minimum front yard depth 7.5 m 14 m Minimum rear yard depth 10 m 9.3 m Minimum interior side yard 4.5 m 0.3 m width Minimum exterior side yard 7.5 m 5.5m width Minimum landscaped open 35% of lot area 48% of lot area space coverage Maximum lot coverage 30% 27.1% Maximum height of the 10 m 9.15 m building Minimum number of parking 14 14 spaces Minimum length of parking 6 m 5.8 m space Minimum parking aisle width 6.9 m 6.5 m Number of apartment 1 1 dwellings on one lot The requested regulations can be supported for the following reasons: - The applicant is not proposing any changes to existing building. The requested regulations will simply recognize the existing built-form; - The reduction in the minimum rear yard depth and minimum exterior yard width can be supported as the portion of the property along the north property line and along the east property is landscaped. There are a few mature trees in the rear yard which provide buffer between the building and the neighbouring properties to the north and west; The reduced interior side yard recognizes the existing built-form. Further, only a small portion of the interior side yard has a width of 0.3 metres. A larger portion of the interior side yard located between the front lot line and building provides a width of 2.8 metres, which is landscaped; and 6 PBD-2016-41 August 23, 2016 The City's Transportation Services is supportive of the reduction in the length of the parking spaces and parking aisle width as it is an existing situation and does not compromise vehicular safety. Further, the proposal complies with the parking requirements of the by-law. The applicant is proposing to provide 14 parking spaces (1.4 parking spaces for each dwelling unit) for the 10 unit apartment building. To ensure safety for future residents, Provincial policies require a Record of Site Condition to be filed on the Ministry of Environment's Brownfields Environmental Site Registry before a building is converted to a residential use. A Record of Site Condition is required to be filed with the MOE. Until this is completed, staff recommends a holding (H) symbol be placed on the property in the amending zoning by-law. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The conversion of an existing community building into an apartment building would contribute to the City's tax base. The adaptive reuse of the building is considered to be sustainable development because it maximizes the use of an existing building, capitalizes on existing municipal infrastructure and does not contribute to waste in a landfill site which would occur if the building was to be demolished. CITY'S STRATEGIC COMMITMENT Although the proposal does not specifically affect any of the City's strategic initiatives, it conforms to the City' LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: Alex Herlovitch, Dire?tor of Planning, Building & Development Q t '/ Respectfully submitted: , ' Ken Todd,'Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2016\PBD-2016-41,AM-2016-012,Zoning By-law Amendment, 5205 Fourth Avenue.docx 7 PBD-2016-41 August 23, 2016 SCHEDULE 1 1:1176 aoSEDaLE Da c MCRAE ST MCRAE ST MCRAE ST MCRAE ST • S -a v ¢ 8 PBD-2016-41 August 23, 2016 SCHEDULE 2 o " ly I y == ' 1.41m T lye - 61 0 w e 0 �a noWmmm4 ,T, Th'<'1° ,, , m ma.��Q,q11,0oi;� z • I _I U ; . wL%JiLiww TouoaiDli mrg ` Vi143 �'i�i� DY�t W tiO�-O w O1t-r4Q=N 1 m CC i w _a m a E w 1 man 'aAv 1111111.03 w t • 3 F W r W �- m WW a J v % a F n _ '. CA riW . 1 . Lor._.ave a --,-.57 VNSv3 0 2Y a cl 0w 2l7,,,,,,5.-- ."),....X3 IT, 9. 1 4 3Sn 171.01341S32,1 ♦1213e02yd.JN12411094913N 1 1 1 1 Dwight Whalen 5170 Rosedale Drive � Niagara Falls,Ontario L2E I R6 July 25, 2016 Director of Planning, Building& Development, City Hall,4310 Queen Street, Niagara Falls, Ontario L2E 6X6 Dear Director: I am writing in response to a"Notice of Application&Open House" I received recently regarding a zoning by-law amendment application for the property at 5205 Fourth Avenue (Assessment Roll Nos.: 2725-020-011-03200; Zoning By-Law Amendment Application- City File: AM - 2016-012; Applicant: Evan MacDonald). I understand that the applicant"is requesting the zoning to be changed to Residential Apartment 5B Density zone with site specific regulations," etc., which will allow him to convert a former church building on Fourth Avenue at McRae into an apartment building with 10 units. I would prefer to see the building in question used for the purposes allowed under existing bylaws, not converted into 10 apartments. In my opinion, the zoning bylaw amendment under consideration goes too far,allowing for more renters and cars than is desirable on this site in this neighborhood. I am also concerned about what can be expected regarding the maintenance of the grounds of the proposed apartment building in the future. Assuming full occupancy, 10 apartments would noticeably increase car traffic in a neighborhood which I feel has sufficient traffic already. Some of this traffic is from visitors to, and workers at, the Eventide Home on Jepson Street at Fourth Avenue, a stone's throw from the proposed Fourth Avenue apartment building and its parking lot with 14 parking spaces. Again, with full or near-full occupancy, this would add a dozen more vehicles coming and going through the neighborhood, including the cars of visitors to the apartments. Should visitor parking overflow, cars would have to park on McRae or nearby side streets — some visitors might chose street-parking anyway —and this would negatively impact established residents who are accustomed to having the option to park their own cars along the streets outside their homes. Furthermore, if all or most of the proposed 10 units are rented, it would mean an estimated 20 to 30 or more persons moving onto the block, a substantial increase to the immediate neighborhood population, an influx that I feel is excessive. PBD-2016-39 NiagaraFalls August 23, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-39 Official Plan Amendment No. 117 Thundering Waters Secondary Plan Applicant: GR (CAN) Investments Ltd. RECOMMENDATION That Council receive this report and the input received at the public meeting and direct that a final report on the Thundering Waters Secondary Plan be brought forward to Council for consideration at a future date once the next steps as outlined in this report have been satisfactorily completed. EXECUTIVE SUMMARY The Thundering Waters Secondary Plan includes lands roughly between Oldfield Road and the Welland River and the OPG Canal and the Stanley Industrial Park (see Appendix 1). The lands are subject to Special Policy Area 56 in the Official Plan which requires that a secondary plan be developed before any development occurs. The Thundering Waters Secondary Plan is currently in the review and consultation phase of the planning process. To date, several supporting studies as well as the draft secondary plan policies and schedules have been submitted and are under review by City, Regional and Niagara Peninsula Conservation Authority staff. Further public consultation has occurred in the form of open houses and a separate meetings regarding natural heritage and with surrounding industrial operators. Consultation with Indigenous People is underway. At this time, there are a number of outstanding issues that have yet to be resolved, namely natural heritage, transportation, phasing of development and financing of infrastructure. It is recommended that once these items are complete and the secondary plan policies and schedules have been satisfactorily drafted, that the amendment be brought forward to Council for a decision. BACKGROUND As was reported to Council on April 26, 2016, GR (CAN) Investments Ltd. (GR (CAN)) is undertaking a secondary plan study of approximately 196 ha (484 ac) of land (see Location Map - Appendix I) where 115 ha (284 ac) are identified for residential, commercial, institutional and employment uses. 2 PBD-2016-39 August 23, 2016 At the request of GR (CAN) a statutory meeting is being held before Council in order for update Council on the progress to date of the secondary plan, outline the status of the background reports, formally receive public input and identify next steps. The Plan Area was the subject of an Official Plan Amendment (#81-Special Policy 56) in 2008 which re-designated the lands from Industrial to Residential and Environmental Protection Area (EPA). The amendment was predicated on the need for additional residential land to meet the City's long term housing demand as part of the Municipal Comprehensive Review conducted in 2007. Public Consultation Since the previous public meeting, two open houses and two separate focus meetings were held: • Open House #2 —April 27th(50 people in attendance) • Natural Heritage — July 7th (30-35 people in attendance) • Open House #3 — July 11th(75 people in attendance) • Stanley Business Park —August 10th (30-35 people in attendance) An issue of significance arose at the Open House that consultation with First Nations and the Metis must occur. Staff has been in contact with various First Nations and the Metis to consult with them and to determine the nature of their concerns. This process is ongoing and staff will report back at a future Council meeting. Constraints to Development Part of any secondary plan preparation is to identify the constraints to development. The Plan Area has a number of constraints that have to be addressed prior to adoption of the secondary plan. The studies discussed below serve to outline how these constraints can be addressed. Implementation will be through the secondary plan policies and the zoning as well as other mechanisms. • Natural Heritage. There are approximately 75ha (185ac) of land which are Provincially Significant Wetlands (PSW's). Natural heritage preservation has been the major area of interest for staff, agencies and the public. Staff has received numerous letters of objection since Open House #2 which are attached for reference. The City required an Environmental Impact Study (EIS) be submitted as part of the secondary plan application. Review of the draft EIS by City, Regional and NPCA staff has yet to be completed. Work on the EIS is being refined. The City and the NPCA has retained a peer review consultant to conduct an independent review of the EIS. In addition, comments from the Ministry of Natural Resources and Forestry (MNRF) are forthcoming at the time of the 3 PBD-2016-39 August 23, 2016 writing of this report. Further information and the results of the peer review will be presented in a subsequent report to Council. • Compatibility with Adjacent Industry. There are a number of industrial facilities within the Plan Area as well as the adjacent Stanley Business Park to the east. Concerns have been raised specifically by these industries regarding development in the Plan Area and the potential that sensitive uses may curtail industrial activities. Mitigation measures will have to be taken by the developer to ensure that surrounding industry is able to maintain its current levels of operation. Such measures may include revisions to the concept and land use plan, the phasing of development and the construction of attenuation facilities such as walls and berms. An Air Quality and Noise and Vibration (AQNV) Feasibility Assessment has been submitted by the proponent. The review of the AQNV Feasibility Assessment by City and Regional staff has yet to be completed. Further information and the results of the agency review and mitigation will be presented in a subsequent report to Council. • Transportation. The Plan Area is currently served two collector roads — Dorchester Road and Chippawa Parkway. There have been concerns raised at the open houses as to whether the current network will be able to handle the traffic generated by the development. A Transportation Master Plan was undertaken for the development has to be revised using the Region's transportation model for traffic analysis and to incorporate the developer's phasing plan before it can be finalized. The construction of a bridge crossing of either the Welland River or OPG Canal is projected to be necessary prior to full development of the lands. The review of the TWTMP by City and Regional staff has yet to be completed. Further information and the results of the agency review will be presented in a subsequent report to Council. • Servicing. The lands within the Plan Area are serviced by municipal water and waste water along Dorchester Road only to a location just south of the existing industrial uses. As a result new services are required prior to the initiation of development. To date comments received at the open houses respecting servicing has been about stormwater and the provision of runoff into wetlands to assist in maintaining them. Development will necessitate looping the municipal watermains; sufficient supply and pressure exists to accommodate the urban uses proposed. A 4 PBD-2016-39 August 23, 2016 Functional Servicing Report (FSR) has been prepared by the developer's consultant which recommends a pumping station and forcemain be constructed to service the development. Construction will be required prior to the initiation of development. There is sufficient dry weather capacity in the High Lift Pumping Station to accommodate this development. Combined flows in wet weather conditions will necessitate upgrades to the High Lift and downstream forcemain. The FSR has been satisfactorily reviewed for the City by consultants and by the NPCA; review by the Region has yet to be completed. The results of the completed agency review will be presented in a subsequent report to Council. Draft Secondary Plan Policies A draft of the secondary plan policies has been submitted. While these policies are currently under review by staff together with the Region and NPCA, the policies have not yet been completed because work on the EIS, Transportation and land use arrangements is ongoing. Next Steps Planning staff is continuing to meet with the proponent and her consultants. Consultation with the public and agencies is ongoing. Once the next 4 steps have been completed, staff will be able to provide public notice to bring this forward with a recommendation. 1. Indigenous consultation. As noted above, the lack of Indigenous consultation was mentioned at Open House #3, and prior to that a rally was staged in front of City Hall calling attention to consultation with Indigenous People. Staff is in the process of this consultation. 2. Completion of studies. As outlined, work on the EIS and transportation studies is ongoing. Final submission has yet to be made. 3. Study review. The review of the studies has yet to be completed. Satisfactory review of the studies has to be completed prior to the preparation of the secondary plan policies and schedules. 4. Preparation of the secondary plan. Once all issues and consultation are completed satisfactorily, the secondary plan policies and schedules can be finalized. 5. Decision on the secondary plan. The secondary plan will be brought before Council for a decision once previous steps have been satisfactorily completed. 6. The watercourse crossing. The proposal for a bridge to span either over the OPG Canal or the Welland River is a substantial investment for the municipality. While the details of the bridge can be left to the EA, there needs to be discussion with the Region. 5 PBD-2016-39 August 23, 2016 CITY'S STRATEGIC COMMITMENT Support of this report is consistent with Council's strategic commitment to economic growth. LIST OF ATTACHMENTS Appendix 1 — Location Map Appendix 2 —Written Submissions Recommended by: / Alex Herlovitch, Director pf Planning, Building & Development 9 Respectfully submitted: , 4,� y'�`' , ,✓Ken Todd, Clflief�Admirstrative Officer J. Barnsley:gd Attach. S:\PDR\2016\PBD-2016-39, OPA#117 Thundering Waters Secondary Plan docx 6 PBD-2016-39 August 23, 2016 APPENDIX 1 Location Map Thundering Waters Secondary Plan Area W Q 'Ai.1MMT ST 4�a FF O P 3 v A 7 s'a I n 3 3 x ,24 z A A S.- -A-- A n F. 1 7 C"IP"0,.; PKWY iMe`ialn Haver APPENDIX 2 John Barnsley From: pals@becon.org Sent: Monday, July 25, 2016 12:42 AM To: John Barnsley Cc: can2info@gmail.com;Jean Grandoni; Karl Dockstader; graciajanes@bellnet.ca; Daniel Nardone; Linda Babb; Ed Smith; Jon Lepp Subject: Timing for Public Meeting Under Planning Act This email is certainly not intended to speed a public meeting under the Planning Act, since as from previous correspondence, I believe that more environmental study needs to be undertaken before the EIS can be considered to be completed. In particular, the EIS admits that it is intended to completed before sound studies for bats are undertaken, suggesting that this be done at a later stage, near the time of subdivision registration. For a study which has the power to amend Environmental Protection Area boundaries, this work should be included before it is considered completed. Likewise based on field research I have been involved with a Species At Risk, the Snapping Turtle, is more widespread than indicated in the draft EIS, and Milk Snake another Species At Risk has been confirmed. This should involve major revisions in the EIS. Also there has been the serious flaw not to conduct any study of insect or bird migration. All of these are important matters of ecological function which should be addressed in the EIS before a Public Meeting under the Planning Act can be held. At the last open house, it was indicated that the public meeting would be held on August 23rd. Could you please confirm that this announcement, which was tentative, the word I believe "appears" was used did not constitute official notice under the Planning Act. Also I am concerned that according to the section under zoning in the Planning Act, Section 14 (1) appears to suggest that the notice period for the advertisement of the Public Meeting is only 18 days. I would hope that a thirty day period would be provided for, both through the city website and by newspaper advertisements. Many thanks, John Bacher John Barnsley From: Lynda Goodridge <lynda.goodridge@distributel.net> Sent: Friday, July 15, 2016 4:17 PM To: John Barnsley Subject: Thundering Waters secondary plan Categories: Thundering Waters Dear Mr. Barnsley, I attended the meeting on Monday, July 11th, and was unable to submit my question regarding the plan. I am forwarding this email in the hopes that you can answer my question. I also would like to submit my comments on the development as a whole. My question concerns the suggested uses for the business portion of the development. I believe it listed government offices, a wellness clinic and laboratories for medical research and development, among other suggestions. Have you had groups or individuals express an interest in bringing these entities to the development or are these merely suggestions? As farmland and natural areas disappear across our province, we realize more and more the value of a place like this. Niagara, in particular, has lost so much of its wetlands and forests. As humans, we need places to go for our own well-being: places like this where we can renew and reconnect with our natural environment. If the current plan is implemented, acres of forest will disappear, along with the species that inhabit them. The proposed density will put much pressure on the provincially significant wetlands and could end up degrading them in the long term. We cannot afford to lose anymore wetlands. I urge the City of Niagara Falls to reconsider allowing this type of intensive development on such a precious resource. We must stop thinking about short term gain at the expense of long term loss. Thank you for the opportunity to express my concerns. Lynda Goodridge Fort Erie, Ontario 1 John Barnsley From: Maria Hekkert <marialelie@hotmail.com> Sent: Friday, July 22, 2016 3:11 PM To: John Barnsley Subject: RE: Thundering Waters My apologies, one more question: 4. Would it be possible that the information/reports presented and poster boards displayed at the Open House held on Monday,July 11, 2016 are made available on the NF city website page where the documents of previous Open Houses are published as well? Thank you in advance! With kind regards, Maria Hekkert From: marialelie@hotmail.com To: barnsley@niagarafalls.ca Subject: Thundering Waters Date: Fri, 22 Jul 2016 14:11:42 -0400 Good afternoon, Mr. Barnsley, I hope this e-mail finds you well. With regard to the above development I have a few questions: 1. Will this proposed development be/become a gated community upon completion? I have heard that units are presently being offered on the Chinese real estate market. Would you be able to shed some light on that subject? Whether they are being offered in China or not: when will they be offered to the Canadian public (just as e.g. the units of the Port Tower in St. Catharines were offered prior to construction)? Has any progress been made with regard to the availability/inclusion of subsidized units for low-income individuals/families in the current plans? 2. How does this proposal feature in the projected population growth for Niagara Falls over the next 20/25 years? Are these 114 hectares included in the numbers published in the regional 'How We Grow' document (that has been recently made available) as part of the available to be developed lands in Niagara Falls? And in line with that question: is the number of to be expected residents for these 114 hectares part of the population growth number of Niagara Falls, as is projected in the same document? 3. At the meeting with the developer on the evening of July 7, 2016, the developer indicated that the meeting was being recorded and that a copy of that recording would be made available to those who attended that meeting. Do you know where I can obtain a copy? With kind regards, Maria Hekkert 2 John Barnsley From: Maria Hekkert <marialelie@hotmail.com> Sent: Friday, July 22, 2016 2:12 PM To: John Barnsley Subject: Thundering Waters Good afternoon, Mr. Barnsley, I hope this e-mail finds you well. With regard to the above development I have a few questions: 1. Will this proposed development be/become a gated community upon completion? I have heard that units are presently being offered on the Chinese real estate market. Would you be able to shed some light on that subject? Whether they are being offered in China or not: when will they be offered to the Canadian public (just as e.g. the units of the Port Tower in St. Catharines were offered prior to construction)? Has any progress been made with regard to the availability/inclusion of subsidized units for low-income individuals/families in the current plans? 2. How does this proposal feature in the projected population growth for Niagara Falls over the next 20/25 years? Are these 114 hectares included in the numbers published in the regional 'How We Grow' document (that has been recently made available) as part of the available to be developed lands in Niagara Falls?And in line with that question: is the number of to be expected residents for these 114 hectares part of the population growth number of Niagara Falls, as is projected in the same document? 3. At the meeting with the developer on the evening of July 7, 2016, the developer indicated that the meeting was being recorded and that a copy of that recording would be made available to those who attended that meeting. Do you know where I can obtain a copy? With kind regards, Maria Hekkert 1 3A-P y /(7./ Summary, Impact S , the Environmental Im act Study recommends that the Thundering Waters Secondary Plan be accepted with the conditions outlined in Section 5.1. — a comprehensive strategy for protection. In short? Contingent upon the plans recommended ... being followed. 1. Will City approval to proceed be `equally' contingent upon strict adherence to these implementation & permitting considerations? 2. Whose job will it be to oversee & enforce compliance? Which level of government? Department? Agency? Person? 3. Who will actually carry out the environmental management recommendations? Be out there moving snakes and turtles ... 4. Who will be preparing the follow-up studies and/or compensation/enhancement plans — to address the impacts that are anticipated based on the proposed development blocks? ec\1 The Env. Impact Study stresses the time-sensitive nature of various requirements — to avoid disturbance during nesting, etc. — and the step-by-step work needed prior to development ... Or in-step with development phasing. 5. How will you proceed — to ensure success? 6. How will all of these fine recommendations and efforts to protect — be protected from fast-tracking ... for development sake. 1-48°14 19 July, 2016 Mr. J. Barnsley, Planning and Development Office, City of Niagara Falls, Niagara Falls, ON RE: Niagara Falls Slough Forest Development Dear Mr. Barnsley: I have been following progress with plans for a development at the Niagara Falls Slough Forest (NFSF; also referred to as the Thunderingwaters site). I have some observations regarding the environmental assessments of the site I thought I would draw to your attention. By way of introduction, I am a wetland scientist who has studied and conducted research on wetlands in Ontario and elsewhere for over 35 years. I have taught courses on wetland science nearly every year since 1992 at the University of Waterloo. I am a Professional Wetland Scientist (PWS; License#1140), and am on the OMNR list of trainees having taken the Ontario Wetland Evaluation System and the Ecological Land Classification training courses. My focus has been the OWES to confirm the status and delineation of the PWS of the wetlands on the Thunderingwaters development site. I have examined the following reports available on your website: (a) Characterization and Environmental Impact Study, (b) Built Heritage and Cultural Heritage Landscape Assessment, and (c) Functional Servicing Study. I have also examined the MNR Wetland Evaluation Report(last updated in 2010). I do not intend my comments below to be construed as a full critique or peer-review of any of these reports. I flag some aspects of the OWES that I am sure you will want to know about if you do not already. I have contacted the MNR OWES evaluators for clarification but have not heard from them as yet. 1. The OWES evaluation of PSWs seems incomplete and out-of-date: Considering the nature of the proposed development, it is imperative for the MNR and all decision-makers to have a full understanding of wetland attributes and functions if they are to conserve and protect wetlands subject to OWES and as intended by the Provincial Policy Statement. Further, it must be demonstrated there will be no negative impact on wetlands as per the PPS and the Natural Heritage Reference Manual. The MNR effort, though to be applauded, is minimal —MNR personnel have limited resources and usually focus on achieving the baseline scores to determine if sites are simply PSWs or not. It is quite possible the overall OWES score would be higher given a full and up-to-date assessment. For example, I understand Dr. John Bacher has passed on to you important new information and sightings that could well affect the OWES score and delineation of the PSWs. Further, baseline information, such as on hydrology/hydrogeology and water geochemistry information on the wetland, will be required to assess potential impacts or not on wetland functions. 2. PSWs appear missed or incorrectly identified: Maps in the EIS report identify both PSWs and non-PSWs. Such observations underscore the incomplete evaluation of all PSWs on the site and non-compliance with OWES protocols. For example, OWES protocols do not permit separation of wetland plant communities in the same wetland into PSW and non-PSW communities — it is all one and the same wetland. 3. Wetland complex missed or undefined: Given the close distance between the wetland units, this site needs to be delineated and a map produced following complexing protocols as defined by OWES methodology. 4. Adjacent lands missed or undefined: Both the OWES and the Natural Heritage Reference Manual provide methods for preparing a map of PSW wetlands and their adjacent lands. Potential impacts must be assessed on PSWs and their adjacent lands and that no negative impacts must be demonstrated. 5. Other aspects: There are a number of other aspects in the report that I find difficult to understand or confusing. I will wait to provide comment until more substantive details become available. For example, there are statements that lead me to understand that negative impacts might be expected and where so, efforts to mitigate, compensate, and restore wetlands will be undertaken. Such discussions and approaches are irrelevant if it relates to PSWs. Further, this is largely a swamp wetland which represents a class of wetlands that virtually are impossible to replicate and sustain for the long-term through any kind of wetland mitigation, compensation, restoration and creation planning. Wetlands are, indeed, intricately complex and dynamic ecosystems that require specialized multi-disciplinary knowledge to fully understand and manage. One important challenge for both the science and the management of wetlands, long has been to define and differentiate wetlands from other landscape units, namely aquatic and terrestrial ecosystems — but we are making progress. I hope you find these comments helpful. I shall be happy to provide more detailed commentary and feedback as specific approaches and plans evolve. Please feel free to contact me should you require further information. Sincerely, 1 Barry G. Warner, Ph.D., PWS Professor, University of Waterloo Cc: John Bacher Carmen D'Angelo, NRCA Ron Drabick, MNR Steve Hill, Dougan &Assoc. Anne Yagi, MNR John Barnsley From: pals@becon.org Sent: Wednesday,June 08, 2016 7:15 PM To: John Barnsley; Ed Smith;Joyce Sankey;Jean Grandoni;Tim;John & Mary Potter Subject: Species of Niagara Falls Slough Forest Attachments: Species of Niagara Falls Slough Forest.docx I am sending this for use in the development of the Environmental Impact Study. In developing this I noted that the Characterization report fails to comment on the 2006 Environmental Constraints Study.While there may be obvious errors in this past work,these should be noted. Also there are contributions in the past report which deal with areas not covered in the Characterization report. Unlike the Characterization report the constraints study goes into considerable detail to describe what it lists as the permanent pool in the southern wetland south of the rail line. This appears to be the place where the 1980 Brady report indicated there were turtles on what it described as the Ramsey Road Woodlot. From personal observation I have found here an extensive Buttonbush community-in reading the Characterization report it appears to indicate that this ecological community is all north of the Conrail drain. All the vernal pools with Buttonbush communities should be identified in the Environmental Impact Study. (EIS) The Characterization report also indicates that Milk Snake a species of risk is probably found on the subject lands. It makes this suggestion because of a location in what has since become a provincially protected wetland area to the immediate eastern edge of the site. To aid the public making comment, it would be helpful if the 2006 Constraints study was put on the Niagara Falls City website. The species documented in the Characterization report seem minimal. Following writing this report, I saw last Friday morning on Ramsey Road a Cotton Tail rabbit. While a common species,the inability for it to be documented and recorded is disturbing. I am not trying to rush the EIS, but am trying to have it developed carefully, so that more threatened habitat can be protected through it. In this regards, I would suspect that by now a number of studies will have been completed which should be put onto the City of Niagara Falls website immediately. From reading the Characterization report these studies would appear to include. 1. Bat nesting. 2. Mast studies of mature oak and hickory trees 3. Field work completed since the Characterization report was written 4. Studies of Eastern Meadowlark. Many thanks, Dr.John Sacher(PhD) Species of the Niagara Falls Slough Forest 1. Trees What is most astonishing about the Niagara Falls Slough Forest is the astonishing variety of native Carolinian Trees found here.Their health is helped by other species,notably the regionally rare Blue-Spotted Salamander,which tills the soil and encourages healthy soil by being a predator of decay organisms.The only tree that should not be here is an invasive species,the Buckthorn, which is not found in mature interior forests that dominate most of the site. It is confined to the regenerating habitats which the Characterization report describes as "Cultural Thickets." a) Rare Trees. The two rare trees are the Black Gum and the Honey Locust.Confirmed locations of these species have so far at least been confirmed to the protected Provincially Significant wetlands.The Black Gum is Canada's most long lived hardwood tree and is a sign of a healthy old growth forest.The rare wild Honey Locust with giant spikes,should not be confused with cultivar of this species,which is commonly used as a street tree. It is found in the small wetland along the south eastern border of the property.The spikes on the tree evolved as a defence against now extinct giant animals such as the Mammoth and Ground Sloth. b) Significant native and old growth trees Although the Black Gum and Honey Locust are the only trees considered to be legally protected because of their threatened status,the Niagara Slough Forest is full of many spectacular species of native, Carolinian trees.Some of the most spectacular are old giant Pin Oaks,which being water tolerant frequently line vernal pools. (at one time the tree was commonly called "Water Oak."One of their ecological roles and that of other oaks and hickories is to provide nuts(called mast}that feed wildlife such as the Wild Turkey. Mature trees in the forest also provide habitat for roosting bats.There are supposed to be studies on both mast and bat roosting done for the development of the Environmental Impact Study,but these are still to be completed. c) Unprotected Old Growth Forests Regarding old growth trees these are not confined to the protected wetlands. This is admitted in Table 11 of the Characterization Report. It admits that old growth forests are"potentially located" in what it terms, Polygons 6, 12, 13,29 and 30. All these areas now are proposed for development but the authors of the report are highlighting it might be a good idea to eliminate it here since they admit that, what they term"Compensation", (which in this situation means moving plants), "is not possible for old growth mature forests." All the likely old growth forests are also wetlands.There is one ecological zone that is found nowhere else on the property Polygon 13,which is between the large southern wetland and the rail line. It is termed an "Fresh-Moist Sugar Maple Deciduous Forest Ecosite. In addition to Sugar Maple the forest is dominated by American Beech and Aspen. It also has Red Oak,American Basswood and Bitternut Hickory. Although Polygon 13 is distinctive all the other possible old growth areas(6, 12, 13, 29 and 30) are zones which are found somewhere else on the site and are in the same blocks of forests as the protected wetland. Polygons 12 and 29 are are all considered to be "Oak Mineral Deciduous Swamp." This is the same time of oak dominated wetland forest rich in vernal pools that provide habitat for breeding amphibians (Blue-Spotted Salamander,Grey Tree Frog,Western Chorus Frog,Wood Frog, Leopard Frog, Green Frog),that are found in the large wetland block south of Oldfield Road.Why no development should be permitted in all these Polygons can be seen in the following passage from page 13 of the Characterization Report. It concluded that this area "is an exceptional example of a Carolinian Slough Forest,containing high diversity of native species and a variety of wetland habitats." The Characterization report in quite difficult language describes how the Oak Mineral Deciduous Swamp is dominated by three towering Oak species.These are the Pin Oak, Red Oak and White Oak. Other tall giants here are Freeman Maples,which are considered to be a hybrid of the Silver and Red Maple.There are some drier or upland patches in this"dominant bottomland swamp",which have a different mix of tall trees, notably lacking the water loving Pin Oak.These are the Red Oak, Sugar Maple, American Beech,Shagbark Hickory, Bitternut Hickory,Green Ash,American Elm and White Oak. Below all these towering canopy giants are smaller sub-canopy trees and bushes. These are Blue-Beech, Hawthorns,Spicebush,Chokecherry and Green Ash. The Characterization report also describes the groundcover vegetation.These species include Fowl Mannagrass,three species of Ferns(Sensitive, Northeastern Lady,Spinulose Wood),Climbing Poison Ivy-a good sign of an old growth forest),Wild strawberry,Yellow Trout Lilly,Wild Geranium, White Trillium and Dewberry. With all the marvels of what is best described as an old growth dominant bottomland swamp being described in such favourable terms in the Characterization report it is clear that there are a lot of good reasons Polygons 12 and 29 should be protected. Polygon 12 was part of the large wetland block south of Oldfield Road until 1978 when the Conrail Ditch was constructed.The separation of Polygon 29 from the large block of southern protected wetland, called Polygon 27 appears to simply reflect an error that was made in leaving these lands of protected status when the wetland evaluation was completed in 2010. A suspicious aspect of the Characterization Report is its failure to describe the species that are found in a possible area of old growth swamp forest called FOD 9,"Fresh Moist Oak-Maple Deciduous Forest."An editor of the report seems to have simply made an error and left out the description of this ecosystem. What makes this pattern so suspicious is that Polygons 38 and 38 are protected as provincially significant wetlands and that the various"cultural" environments are all described. The other area of unprotected possible old growth forest is Polygon 6,termed a "Green Ash Mineral Deciduous Swamp."This is between the largest area of oak dominated bottomland forest the Conrail ditch and is bordered on the west by an abandoned rail line. Obviously development here would do a lot of ecological damage,such as harm to tree roots, and disruption to the habitats of the amphibians that live in the protected parts of this forest block.The report admits that Polygon 6 has a similar"species composition"to this area and notes that although not yet canopy dominant,younger Pin Oaks are growing here. It also contains similar understory layers with Spicebush and Sensitive Fern. D)Species in Other Tracts of Mature Forest The Characterization Report reveals that there are other unprotected blocks of mature forest, in addition to the possible old growth polygons. All of these areas are wetlands that are not considered to be provincially significant,although some having this rating in other polygons. They appear to be Polygons 2,8, 10, 14, 17. 18,26. Of the various Polygons where there exist areas of mature unprotected forest the only Polygon which the developer's concept plan appears to protect is Polygon 14,which is a"Fresh Moist Popular Deciduous Swamp."The concept plan puts this polygon into a proposed public park.A regionally rare plant species,the Creeping Spike Rush, is found here.This area has a lot of other significant native plants notably the Highbush Cranberry and the Red-tinged Bullrush. Polygons 8, 18,and 26 are all designated as"Green Ash Mineral Deciduous Swamp."While a native tree,Green Ash is a pioneer species and naming a forest this way is a way of denigrating it.There has been damage here to the forest through the Ash Boer,an dangerous introduced exotic insect pest. However,as the forest matures Pin Oak becomes more of dominant species replacing the dying ash. While polygons 8 and 14 are isolated from protected wetland forest,Polygon 26 is part of the same forested block as the provincially significant oak dominated bottomland forest, Polygon 27. Note that species such as the vernal pool obligate amphibians will migrate here in part of their life cycle,and that damage would be caused to the protected wetland forest by opening it up here making it more vulnerable to wind,exotics and infestations. Polygons 2, 10 and 17 are all part of what is classified as Willow Mineral Deciduous Swamp. Polygons 20, 21 and 24 are the same type of ecosystem, but unlike 2, 10 and 17 are protected from development by being designated as protected wetlands.According to the Characterization report, these areas are dominated by White Willow, Eastern Cottonwood, Black Walnut and American Elm. Some significant plants in the understory include Wild Strawberry, Field Horsetail and High Bush Cranberry.The report indicates that there are Pin Oak seedlings present,indicating succession to an oak dominated forest. 2. The Problem of Relatively Treeless Cultural Communities If we follow the Characterization,or Dougan report,we essentially get a lot of helpful ammunition to have compelling arguments to save the majority of the almost 500 acre site which is in mature forest cover. This if effectively used, should be able to save more land through the Environmental Impact Study(EIS)and a possible subsequent appeal to the Ontario Municipal Board.(OMB) Much more challenging is the matter of the close to 100 hectares of what are termed various"cultural", meaning human dominated,ecological communities. In addition to Polygon 17,the developer's concept plan also suggests saving most of Polygon 15, which is defined as a "Mineral Cultural Woodland" as a public park.This is described as the most ecologically significant of the various cultural communities,with the presence of what it terms the "occasional", Northern Pin Oak. From reading the Characterization report it appears that its authors suggest moving various regionally rare species to the proposed public park. From the cultural communities,these plants include Canada Pussytoes and Yellow Sedge.These appear to be two of the 11 regionally rare species,that the developer is suggesting be moved to the public park.One of these species, is the American Plum,which prefers open disturbed habitats as opposed to old growth forests. Its presence of considerable cultural significance since the species in Ontario had its range extended because natives deliberately created orchards of it. Appendix 11 lists some 13 regionally rare species that are not found in the protected wetlands. Of these two,Canada Pussytoes and the Yellow Sedge are in the cultural habitats.Although the report does not say so,it is highly likely that the American Plum is in such an area,since it prefers more open areas, not enclosed canopy forests.The Creeping Snake Rush and the Red Tinged Rush are both in Polygon 14,which is proposed to be a park.So far we can tell where only five of these 13 regionally rare plant species which might have their habitats wiped out by the development are. Review of the Unknown Habitat of Regionally Rare Species I will look up the eight various unknown regionally rare plant species. Wooly Sedge this sedge prefers open areas so it would be found somewhere in the open "cultural areas" Alderleaf Buckthorn.This could be anywhere but the dry open cultural areas. It is a native wetland bush, not to be confused with the invasive exotic Glossy and Purging Buckthorns. Swamp Red Currant.This species is found in the various forested swamps which are not protected wetlands. Various Wetland Sedges Elk Sedge, Drooping Sedge, Rocky-Nerved Sedge.Could be found in any of the wet areas of site. Carolian Spring Beauty-any unprotected forest Le Conte's Violet-unprotected forested habitat. Significant Bird Species Regarding bird species there are basically two types of species here.Some benefit from the closed canopy forest interior forests and other prefer the more open areas.Acknowledging the importance of the latter is difficult for the developer's environmental consultants since to address this problem,would in effect,deny development anywhere on the site. Birds That Require Open Habitat Dougan admits there are two native species that likely breed here which require open habitat.These are the Field and Savannah Sparrow.Although these species are not yet endangered,they have been experiencing significant decines. Dougan also admits that there are two species here the Chimney Swift and the Barn Swallow that are found here.These benefit from open habitats. They claim the site lacks the human built structure for them to breed here. Regarding the Barn Swallow,there is however, a bridge on Ramsey Road which they do not acknowledge. The Conservation Authority appropriately found it strange that with the large open area of about a third of the site, that no Eastern Meadow Lark have been sighted.They appropriately recommend a special study. Forested Interior Species The most obvious reason why a big forest block such as this should be protected are all the forest interior species that breed here. Will go through all the significant findings in this regards. Threatened Species 1. Acadian Flycatcher This species was found by the consultant in the appropriate habitat, but they are claiming that since it was only seen once, it just strayed in and so therefore is likely not breeding there. Note that only six site visits were made. Two Species Dougan Admits May Vanish if Deforestation on Site Takes Place- Eastern Wood-Pewee and Wood Thrush. There are two forest interior obligate species,that which Dougan admits are threatened are the Eastern Wood-Pewee and the Wood Thrush.This fact should be enough in itself to have the entire two-thirds of the site protected from development since any deforestation could destroy the habitat of these two threatened species. Other Forest Interior Species of Concern What the report lists essentially is a treasure house of bird species that a probable breeders on the site,that require large areas of forest. One important group of such species are designated by the Ontario Partners in Flight as Priority Land Bird Species.These are in addition to the threatened Acadian Fly Catcher, Wood Thrush and Eastern Wood-Pewee,the Northern Flicker, Willow Flycatcher, Brown Thrasher, Blue-winged Warbler, Eastern Towhee, Rose-breasted Grosbeak, and Baltimore Oriole. There are also a number of forest interior birds that are designated as"Uncommon" in the Niagara Region.These in addition to those species previously cited are the Wood Duck,Wild Turkey, Sharp-Shinned Hawk, Cuckoo,Great Horner Owl, Red-Bellied Woodpecker, Hairy Woodpecker,White Breasted Nuthatch, Swamp Sparrow,Orchard Oriole,Yellow-Throated Vireo,Wilson's Snipe and Scarlet Tanager. Another native bird species found to be probably breeding was the American Woodcock.One of the biased nature of the Dougan report is that it fails to comment on all the native breeding birds which are forest interior species which are considered now as common. These species include the Indigo Bunting,the Yellow Warbler, the Cedar Waxing and Eastern Phoebe,. Mammals The Characterization report is quite skimpy in its description of mammals. It acknowledges that the White-tailed deer is present but failing to acknowledge how the wetland evaluation notes that it is the last stronghold for this species in the area east of the Power Canal and north of the Welland river.It also describes its importance as a deer wintering area. The presence of coyotes also contributes to the reality that deer are not overgrazing the site,as does of course, the quite active hunting,which my own observations have found involves the use of illegal baited traps. Snakes The only snake species that the Charaterization report was able to identify was the Garter snake. During a few hours in Polygon 6 near the Con Rail Drain four Brown Snakes were found on May 25,2016.This report also omits how in a 2002 survey on adjacent land to the east a species of special concern,the Eastern Milk Snake was located.(July 2006 study, L.Campbell and Associates) Vernal Pools The Wood Duck is a showy,spectacular vernal pool dependent species, benefitting especially from the deeper pools that support Buttonbush.The Dougan report describes this as Buttonbush Mineral Thicket Swamp and acknowledges that this is a "provincially important vegetation community." It points out that while dominated by Buttonbush,these vernal pools also support Gray Dogwood,Silky Dogwood.While the most notable trees that lines these deep pools are Pin Oak,they are also surrounded by Black Willow,American Elm, Black Chokeberry, and Mountain Holly.After the pools recede some distinctive plants including Spotted Water- Hemlock, Hemlock-Water Parsnip and the Northern Water-horehound. The Dougan report explains that there is a type of deep vernal pool known as the Bullrush Mineral Marshes They have more open water are dominated by species such as the Rufous Bullrush. The Campbell report which was written in 2006 estimates that twenty per cent of the area identified as Oak Mineral Deciduous Swamp are vernal pools.The Campbell report does not acknowledge the presence of Blue-Spotted Salamanders,whose presence was only confirmed through the wetland evaluation in 2010.While Campbell noted breeding habitat for the Leopard Frog,Green frog,Chorus Frog and Wood Frog,the Gray Tree Frog subsequently identified by Dougan was missed. No report has any comprehensive mapping of vernal pools.This is a sorry situation in comparison to New England States where municipal mapping and protection of such areas is a legal requirement.Vernal pools are present outside of the protected wetland area and were identified by Adrian Williams and myself in Polygon 12 on May 26, 2016. Pond in Middle of Site In the large block of southern protected wetlands there is a full year pond.Although there is no evidence of any fish being here, it does support of population of turtles. (likely Painted and Snapping a species at risk) The Campbell report describes it as containing "permanent water less that two metres deep." It is"dominated by floating macrophytes with some submerged and emergent vegetation present."The pond's existence is not acknowledged by Dougan. Rare Plant Species Near Rail Line Another problem with the Dougan report is that it fails to investigate if significant plant species identified in a May 16th letter from Jod Durst of MNR.These species include the Broadleaf Panic Grass, Biennial Gaura, Purple Love Grass,and Shinners Three awned Grass.Most of these species are found near the rail yard, areas which both the Dougan and Campbell reports deny have substantial ecological significance. Summary The more it seems we know about the Niagara Falls Slough Forest,the more obvious it becomes that it is a rare hot spot for biodiversity and ecological health in Carolinian Canada. John Barnsley From: pals@becon.org Sent: Saturday, May 21, 2016 10:22 AM To: John Barnsley;Jim Dougan Subject: Area of Possible Old Growth Forest Committed From Ecological Classification System of Characterization Report Yesterday, I carefully reviewed the part of Table 11, page 51 of the Characterization Report where it discusses the important topic of Old growth/Mature Forests. Here it notes that in addition to the provincially protected wetlands,there are "potentially localized areas"of Polygons 6, 12, 13. 29 and 30 where such ecological characteristics may be found. In reviewing the various potential areas of additional Old Growth forests I made a disturbing discovery. In turning to pages 9 to 14 of the Characterization Report,there is no discussion of what ecological classification the short form of the Polygon 30,which is described as FOD 9. There are descriptions of"FOD 8, "Fresh-Moist Popular Deciduous Forest", and "FOD 9"- Fresh Moist Sugar Maple Deciduous Forest."What FOD 9 constitutes however, is a complete mystery-a serious concern in that according to the Characterization report itself, old growth forests may be present here. In addition to Polygon 30,there are three other areas of FOD 9.These are Polygons 36, 38, and 40. Of these three polygons, it appears that 36 and 38, are within the floodplain of one of the unnamed streams in the study area and are also protected as Provincially Significant Wetlands. The error regarding FOD 9 should be clearly pointed out to people who in the past have signed in for more information regarding the Thundering Waters Secondary Plan. It also should be spelled out clearly in the Niagara Falls City website Thank you Dr.John Bacher(PhD) 1 Bacher comment May 11,2016 I am currently reviewing the Characterization report which has been prepared for the Thundering Waters Secondary Plan. At the outset I would like to receive a copy of a past report cited in the study and three studies which the report indicates were going to be completed by this time. (field research was to be undertaken in November 2015) One completed report which is quite relevant to a review of the Characterization report is a 2009 OMNRF salamander trapping study. Seeing that this guided the research for the Characterization report, notably what vernal pools were selected for further study, I would very much appreciate receiving a copy of it. The Characterization report published in November 2015 also points out to research studies underway which hopefully are completed by now.These are all cited in Table 11 of the Characterization report on page 52. One is a study of Bat Maternity Roost habitat.The other is a report whose aim is to document areas of large diameter oak and hickory trees. I would appreciate receiving copies of these reports,which hopefully in a few weeks, will be posted on the Niagara Falls City website. Having studies of forested areas of mature oak and hickory trees and bat maternity roost habitat are indeed important for a good Environmental Impact Statement. If a decision has been made not to pursue these studies, I would appreciate receiving any correspondence that was involved in this decision and that it be posted to the Niagara Falls City website. Not completing this research would appear to be in violation of the terms of reference established by the Niagara Regional Official Plan, which are supposed to guide the Environmental Impact Study. (EIS) I am involved in developing detailed comments on the Characterization report and other studies that are now posted on the city website.There is however,one comment that I wish to bring to your attention immediately, concerning the Round leaved Greenbrier and the Black Gum, both of which are referenced in part 3.2.2 "Plant Inventory",of the Characterization report. (page 14) Regarding the Round leaved Greenbrier,there is a major error in the report. This species is present in a three acre parcel north of Oldfield Road,whose ownership as a result of an mediated OMB settlement, is now in the hands of the provincial government. Part of the strategy for the Thundering Waters Secondary plan area should be to encourage more natural habitat to the north of this parcel,which although not suitable for trees higher than 15 feet, would be appropriate for bushes, which would not damage the hydro corridor to the north. Ontario Power Generation and the school board which own lands north of this forest, should be encourage to have a naturalization of their properties, which would encourage the spread of the threatened species. It is also disturbing that I page 14 there is reference to the failure of"D&A" staff'to observe Black Gum. This appears to be a peculiar blindness since these giant trees are clearly visible from Ramsey Road which runs through the middle of the site. These trees which I was involved in photographing(unfortunately I do not have the digital images in my computer to share now) should be carefully inventoried as part of the Environmental Impact Study process. Many thanks Dr.John Bacher(PhD) Submission May 11, 2016 To Aid in Environmental Impact Study for Thundering Water Secondary Plan By Dr. John Bacher(PhD) 1. The Thundering Waters Secondary Plan Area Contains one of Canada's Great Natural Treasures Residents of the Carolinian Life zone,Canada's great treasure house of bio-diversity, are not sufficiently aware of how they live in a region of unusual biological treasures.This has had an unfortunate impact of diverting attention away from the precious gifts of our own backyard. However recent months have seen a correction of this as hundreds of residents of Niagara have become engaged in efforts to protect the treasure house of the complex of habitats which are best characterized by the name given to the wetland complex.This is the Niagara Falls Slough Forest. It is precisely because it contains a great variety of habitats that the Niagara Falls Slough Forest is a remarkable treasure. The creatures that thrive here are only slowly being understood and documented.To the question of removing any natural habitat here it is important that the precautionary principle is applied-field research is continually discovering more buried treasures. 2. Only Oak Mineral Swamp Forest is Properly Appreciated in Characterization Report-But It is Threatened by the Current Concept Plan in Two of Six Polygons On page 13 of the Characterization report the authors give an appropriate tribute to the ecological significance of the ecosystem they designate as the Oak Mineral Swamp Forest.This they observe correctly is"an exceptional example of a Carolinian slough forest,containing high diversity of native species and a variety of wetland habitats."Among these habitats in"deeper slough vernal pools" are the Buttonbush Mineral Thicket Swamp,a "provincially rare vegetation community." It found that in other areas of this ecosystem, are Bullrush Mineral Marshes which were also found to be "similar in species composition." What is most telling of the inadequate nature of the areas currently designated as Environmental Protection Areas in the Niagara Falls Official Plan where site alteration is prohibited is that only four of the six Polygons that have been found to be so protected. In very different areas Polygon 12 and 29 are proposed for development in the current concept plan. It is the old growth forest nature of Polygon 12 that makes its designation as an Environmental Protection area through the mechanism of the Environmental impact Study(EIS), such a necessity. I have walked through this area and have observed towering old growth Black Gum trees. Polygon 12 is a relatively isolated area of Oak Mineral Swamp Forest. It is located between the Conrail Drain to the north and the rail line to the south.This relatively small size however, is more than compensated for being an old growth forest with towering Black Gums. It is most unfortunate that as is stated on page 14 of the Characterization report,that the authors of the report deny being able to observe any Black Gum trees.This blindness appears to be a key reason that the Polygon 12 in the current Concept Plan, is being proposed for mid-rise Condo development. Although the consultants erred in not seeing the presence of Black Gum what is said about the species in Table 11 is correct. It stresses that even individual trees should be protected noting that"compensation is not possible." Unlike the authors of the characterization report science writer Nate Torenvliet has observed the Black Gum trees of the Niagara Falls Slough Forest. He has documented how Niagara has through the Black Gum the oldest hardwood trees in Canada, with only two individual trees in New Hampshire being older in the United States. Polygon 12 is typical of where they thrive in"some of the sloggiest slough forests in Ontario." I am less familiar with Polygon 29 and cannot recall its vegetation having only studied the area in 2007-08,when I was engaged in doing field research successfully lobbying the province for a wetland re-evaluation.This did result in the successful reappraisal of the Niagara Falls Slough Forest in 2010. What is clear from the Characterization report is that in reality Polygon 29 is part of the same forest block as the large provincially significant wetland that is Polygon 27. Having Polygon 29 torn out of one wetland forest block will do significant damage and harmfully fragment Polygon 27. It will also separate Polygon 27 from another Oak Mineral Swamp, Polygon 31. The Characterization report documents two rare plant species in the eastern block of Oak Mineral Swamp which would be fragmented by the proposal in the concept plan to have what is termed a"R and D High Tech Park" in Polygon 29.A rare species,Schreber's Aster is found in Polygon 27.A rare tree species,the Honey Locust is found in Polygon 31. Keeping Polygon 29 free from site alteration and in forest cover will allow the rare Honey Locust and Schreber's Aster to expand their range. 3. Entire Forest Block North of Con Drain Should Become Environmental Protection Area The Characterization report identifies the presence of a large number of breeding bird species, some of which are threatened,that are dependent on large intact blocks of forest.This is the key reason why all the forest north of the Con Rail drain should be designated as an Environmental Protection Area. Protecting these areas will also aid amphibians that live in part of their life cycles in the adjacent protected Polygon 5, and assist their movement across Dorchester Road to the forested Ontario Power Generation (OPG) lands. It will also assist for this purpose deer migration from the OPG lands. Currently there are no remaining natural areas proposed in the concept plan along Dorchester Road.This must be corrected to prevent the OPG forest from being harmfully fragmented and ecologically isolated. The lands north of the Con Rail Drain are about 80 per cent protected Oak Mineral Deciduous Forest. While the Willow Mineral Deciduous Swamp and the Mineral Deciduous Forest are of lesser significance than the protected wetlands,they have an important ecological function for wildlife habitat.A bird flying overhead would take delight in seeing one large block of forest after travelling over bare farm fields and urban environments. Such joy and relief should not be impaired by ill considered fragmentation. Protecting large blocks of forest for breeding bird habitat is another reason why also Polygon 29 should be designated an Environmental Protection Area. Although the Characterization report asserts that only eight bird species are area sensitive in their breeding requirements this conservative estimate is not helpful in determining the scope of forest protection. One of these species the Savannah Sparrow, as it name implies, is actually dependent on open areas making the statement unhelpful for land use planning purposes. This confusion is compounded by another significant native bird identified as breeding on the site,the Field Sparrow. It has been designated as one of the"priority landbird species"for the Lower Great Lakes-St. Lawrence region. The Characterization report downplays a basic reality of an important ecological function which will be disrupted if as proposed forests on the subject lands are further fragmented. This is that the majority of the 53 native bird species considered to be probably breeding on the site are forest obligate species. Although many of the native forest breeding species are not currently facing serious population declines,they are vulnerable to further deforestation and fragmentation throughout the Carolinian life zone. The most disturbing aspect of the concept plan as it currently exists is the massive scale of the deforestation it envisages.Over a hundred acres of Carolinian forest would be wiped out,including a grove of Old Growth Black Gum trees which the authors of the Characterization report did not see. One of the basic reasons why in 1980 study by the Niagara Region and Brock University what are now the Thundering Waters Secondary Plan was identified as the Environmentally Sensitive Area the Ramsey Road Woodlot was its large size.These reports authors correctly understood that this large area, rare in Carolinian forests recognized provided important bird nesting habitat. It is unfortunate that soon after this designation the entire property that is now the focus of this development proposal was not acquired by some conservation agency.While there has been some deforestation in the northern part of what was mapped as the Ramsey Road Woodlot,ninety per cent of the forest cover present then has endured. Protecting forests adjacent to the wetlands which are currently designated as Environmental Protection Areas through the EIS is the best way to safeguard one of the most important areas of these woodlands ecological function.These forests serve as breeding habitat for around 40 native bird species. The Characterization report identifies two species which are at risk whose preference for blocks of forests over open areas are clearly present in their names.These are the Eastern Wood Pewee and the Wood Thrush. The report recognizes that the use of the subject lands are important for these species for breeding. It finds that for threatened species,they are found in relative abundance in this special place. It is significant that on the limited number of sight visits that two threatened species dependent on large blocks of forests were seen so frequently.The Eastern Wood-Pewee was heard at 13 stations during the survey, and that"two of these stations had multiple birds singing and three additional birds were detected between stations." Likewise the Wood Thrush was recorded in 18 stations,which three having multiple birds. It was found that"Three additional birds were detected between or beyond the point count stations." There are a great variety of birds benefitting from forest habitat that were identified as probably breeding on the subject lands.These include the Northern Flicker,the Willow Flycatcher,the Eastern Towhee,the Rose-Breasted Grosbeak,the Baltimore Oriole,the Wood Duck(which benefits from Buttonbush vernal pools),the Cuckoo,Great Horned Owl, Red-Bellied and Hairy Woodpeckers,the Brown Thrasher,the Scarlet Tanager the Great Horned Owl and the Brown Thrasher. Maintaining the existing large forest block also is important for amphibians, especially the Blue-Spotted Salamander, whose presence was one of the reasons for the provincial designation of the Niagara Falls Slough Forest. The authors of the Characterization report looked for salamanders only during their breeding periods, in vernal pools concentrated in the protected wetland area. No attempt was made to see if during other stages in their life cycles,salamanders move beyond the designated wetlands.One evidence of this which I conveyed at the public meeting was the movement of salamanders from the dry Ontario Power Generation lands forest west of Dorchester, across this road to the subject lands.This is an early spring phenomena appreciated as"The Big Night." There is a considerable scientific literature in the life cycle mapping of the Blue Spotted Salamander. It is clearly depicted in Colour Plate 17,of the book,Aram J. K. Calhoun and Philllip G. deMaynadier edited, "Science and Conservation of Vernal Pools." (New York, CRC Press, 2008). Here the authors explain how, "Following a brief period of breeding in vernal pools, adult salamanders and frogs require significant distances into the surrounding forest where they remain largely unseen and heard for most of the year." For the Blue-Spotted Salamander this distance.Such migration ranges and the observation of salamanders crossing Dorchester Road during the big night, establishes the basic reality that the protection of all of the forest north of the Con Rail line is required to safeguard salamander habitat. The research of the Characterization report also establishes the need to protect the entire northern block for the habitat of frog species.Calling stations in this vicinity found evidence of Spring Peepers, Western Chorus Frogs and Gray Treefrogs. The Niagara Regional Official Plan has clear provisions through the maintenance of an east west corridor through all of the subject lands to facilitate wildlife movement.This goal has not been met in the current concept plan. Protecting the forest block north of the Con Rail drain would accomplish this and help wildlife movement for both deer and amphibians. 4. Existing Forest Block Needs to Be Maintained Around Protected Wetland Polygon 27 The same principles of protecting the northern forest block need to be applied to the largest mature forest which is also a provincially significant wetland, Polygon 27. In addition to however,the bird,frog and salamander habitat here(young salamanders were photographed here on May 6 along Ramsey Road which were shared with City Planning Department)there is a population of species at risk Snapping Turtles.They utilize a full year pond here and have extensive range requirements. While the oak dominated swamp forest Polygon 29 is the most important forest block to be added to the existing Environmental Protection Area designation,there are three other forested blocks which should also be protected that buffer the significant wetland. These are Polygon 14, 15 and 26.One of these areas Polygon 14 provides habitat for a regionally rare species,the Creeping Spike-Rush. 5. Forest in South Western Corner Should Be Environmental Protection Area There is a mature forest block in the south western corner of the subject lands which is should be through the EIS made an Environmental Protection Area. It is Polygon 18 and is identified as a Green Ash Mineral Deciduous Swamp. Having walked through over the past eight years all of the subject lands this appears to be the most mature and ecologically diverse of the five such polygons of this identified ecotype. My personal observations are confirmed by the findings of the City of Niagara Falls,"Urban Wooded &Treed Inventory and Assessment Study",conducted in 1993. The 1993 tree study indicates that the forest which it identified as site 182 was 4.6 hectares. (almost identical to the mapping of Polygon 18).The study found that 'Twelve tree species and 14 shrub species were observed",and that among the significant trees was the Southern Arrow-wood. The significance of Polygon 18 is reinforced by the good record found of frog calls here. The Characterization report notes that survey here found Spring Peeper, American Toad, Western Chorus Frog, Gray Treefrog,and Wood Frog. It also found that Spring Peepers were "heard in abundance." 6. EIS Needs More Study of Vernal Pools and Amphibian Habitat One major flaw in the Characterization report is that intense studies of vernal pools and related studies of amphibians were confined to area of provincially significant wetland north of the Conrail Drain.This is quite unfortunate for I have seen other vernal pools, most notably in the unprotected Polygon 12,which has also a high concentration of old growth Black Gums. As identified in a photograph taken May 6 shared with the Planning Department quite a large vernal pool exists between Ramsay Road and the rail line, in which salamander eggs have been photographed.This vernal pool which hopefully may be protected through the proposed parkland dedication also has historic interest. Here a bridge over Ramsey Road exists which may provide suitable breeding habitat for threatened Barn Swallows observed on the site.The existence of both the bridge and the vernal pool beneath it was not identified in the Characterization report. In 2008 when studying this area in lobbying for a wetland designation I was stunned at the explosion of frogs leaping in this vernal pool as I walked across this bridge. Much of the Characterization report goes into considerable detail to document the lack of p fish habitat in the streams flowing through the subject lands.This absence of fish however, underscores the peculiar circumstances that make this site a haven for amphibians, because of the security from the absence of predators. In 2008,accompanied by a retired Brock University biologist Dr. Mike Dickman, I observed frogs in these streams. During flooding conditions these streams can contribute to good habitat in spring time connected vernal pools. 7. Bat and Mast Studies Should Have Been Conducted Before Characterization Report From Table 11 of the Characterization Study I learned that studies of bat nests and areas dominated by large oak and hickory trees are to be conducted. It is most unfortunate in now preparing comments on the EIS,that myself and other members of the public have not had access to them. From my personal observation of Polygon 29 it is such an area of large mast trees and one that the EIS should protect because of its ecological function of providing food for other species,such as Wild Turkey. 8. Characterization Report Identifies 11 Regionally Rare Plants Not Found in PSWs-Where Are They? According to the Characterization Report some 11 regionally significant plant species have been identified that are not protected through the wetland designations.Apart from the Creeping Spike-Bush,which fortunately is in an area planned for a park in the concept plan, it is impossible to find where these species are located.One of these species,Canada Plum may have an important cultural significance,since native peoples deliberated expanded its rage. 9. Plan For Park Needs to be Carefully Detailed Through EIS From the concept plan it is clear that a substantial park is planned in connection with this development south of the rail line. In the EIS however, their needs to be requirements that will ensure that this area will remain in natural cover. 10. With Proposed Park and Expanded Environmental Protection Areas Suggested There are Still Substantial Areas to Build on Deforested Areas. It needs to be stressed that with all of the suggestions for expansion of Environmentally Protected Areas that there are still opportunities to build in zones of approximately 100 hectares which are defined in the Characterization report as"Anthropogenic"and"Cultural Plant Communities."The reality that the entire area north of the Conrail Drain is an intact mature forest is illustrated that all these early successional communities are located south of this feature. 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''� 4. \ � . � „ r1 .• Y # .....::,„‘''',.''f'''''''f.,,,..'' b ,, , ‘41 `, « j , dr . _ '," [ 't A • dieII,AIt r• f' . f 1 P da � s OP t i s a • 1t. 1 e . ,, T �4 i.\,,,, s' .... i' ,,f 0,„,,,� 1 , • , • '++► .4 ,..„,a, Mk/ ......ar AP" % *...*:.1. 1.... 1. el AlP %it t . ,< b X w t to tM, r 4 A ,'' # '' 4 John Barnsley From: Carla Rienzo <carlarienzo@gmail.com> Sent: Thursday, May 05,2016 9:35 PM To: John Barnsley Subject: Re: Farmland and Wetlands Response On Thu, May 5, 2016 at 2:51 PM, John Barnsley' <barns!e% 4,niagarafalls.ca> wrote: Hello Carla: Hi John I am responding to the email that was sent to City Council and the CAO regarding the Thundering Waters Secondary Plan. This email is prepared in consultation with Alex Herlovitch, Director of Planning Building and Development, as a follow-up to the commitment by Ken Todd, CAO, that Planning would respond directly to your planning related concerns. Actually, with all due respect, I read your entire letter and you did not respond to all of my concerns. We would like to thank you for your submission and bringing to our attention that newspaper article written by Laura Johnson. You are welcome. As you know, a Secondary Plan Study is being conducted for the Thundering Waters/Paradise area that involves several background reports addressing issues including land use, natural heritage, transportation and servicing. All of this work is being conducted in compliance with the City of Niagara Falls Official Plan and its policies. Sometimes, "official plans and policies'° become outdated as new scientific data becomes available. It is that data that is being ignored in the initial and secondary plan for Thundering Waters, I would like to provide the following points of clarification to the statements you provided in your email • The conversion of the subject lands from their previous Industrial designation to Residential and Environmental Protection Area in 2008 was predicated on their satisfying, in part, the City's long term demand for housing. Consistency with this is one of the issues that the secondary plan has to meet. That is exactly what I am talking about In 2008 no one respected or perhaps even understood the fragile nature or usettdness of wetlands W . do now, We should not move blindly ahead based on outdated perceptions and ignorance of facts. There are many areas a iailable for long term housing demands that do not require the bulldozing of irreplaceable and environmentally necessary wetlands • The purpose of the EIS is to provide recommendations that will maintain the long term health of the wetlands. The storm water management plan for the development is an integral part of the natural heritage strategy in that it will provide for the design of storm water facilities that will maintain the hydrology of the wetlands. Has anyone ever designed; utilized and demonstrated the success of such a storm water facility in a wetland? If not, are you not knowingly putting this wetland at risk? I am not willing to gamble that your efforts are effective, The loss of a wetland is forever. • The offsetting of Provincially Significant Wetlands (PSW's) is not permitted by the Provincial Policy Statement (PPS) and is therefore not under consideration for this secondary plan at this time. "At this time" is what does not sit well with me It is just a matter of time before the Ontario government gives you the nod and gone forever will be this irreplaceable, environmentally necessary and unique wetland and all of the living organisms with in it or that utilize it from surrounding areas, • The City is in discussions with each of the school boards as to their needs. Should school sites be required, they will have to be provided for in the plan. The developer stated that her project includes a learning institution for foreign students. She did not say that there were discussions taking place to decide if it was necessary. She made it clear that the decision was made am also under the impression that by "foreign students" she means Chinese students This means it is not being built to accommodate our local residents, another reason why local tax-paying residents would not likely be supportive of this project. • The subject lands are located within the City's Urban Area Boundary (UAB) and have been since the early 1970's. Because of this, the subject lands have been slated for urban development for greater than 40 years. "Sometimes, "official plans and policies" become outdated as new scientific data becomes available. It is that data that is being ignored in the initial and secondary plan for Thundering Waters." The lands are identified in the City's Official Plan as Greenfield and which have to meet a minimum density target of 53 people and jobs per hectare. "Have to"?? According to who? "Sometimes, "official plans and policies" become outdated as new scientific data becomes available. It is that data that is being ignored in the initial and secondary plan for Thundering Waters." This is significantly higher than what currently exists in the neighbourhoods to the north of the subject lands. Please explain what you mean by your last sentence in this paragraph, specifically, are you implying overuse or underuse of the projected land at Thundering Waters. I am suggesting, given the developer's spoken words, that the area will be very heavily utilized. That would be her intention given that profitability is her primary objective. She noted thousands of full time and part time jobs as well as full time residents students, patients, tourists, diners, cyclists, walkers, shoppers, theatrelsymphonyiballet attendees, etc. • It should be noted that the lands were in private ownership prior to their purchase by GR (CAN). As such, when a landowner proposes development it is the responsibility of the landowners to undertake any studies that are required by the City, Region, NPCA or any other agency. It is the responsibility of the City and other agencies to review and assess these studies to ensure that proper methodologies were utilized and that the recommendations made are appropriate, logical Log a and appropriate appr pnah. t who? "The likes of David Suzukj?. coone0ors who ane io ta'rot of development at any cost?. or eager developers from countries with abysmal environmental track records? and based on those methodologies. S. 71) let me understand, using a ! of the 'appropriate and logical me,thoriz;,;ogies' , jicr, Dociat_ KNEW that the ao'ea was an environmentally sensitive ac-1 -replaceable wetland that is easily destroyed by human intervention. Jim Oindati KNEW that wetlands cannot be created by man (it does insult my intelligence whentre de'.,eloper sggests sne can improve upon parcel of land that is already' tr13t, ftions of years L. . eato created a weti3,•,,r of Lis teat ca ' he done 1:::i-se she wants tc ours or bufld adja,--;ent to it before providing a shred of e4idence that A) she can crea a new wetland and E3) she won't destroy the one we have by building adjacent to it.) Jim Diodati KNEW that developments, even adjacent to them, would disrupt the wetlands sufficiently to kill them if not via impeded water flow disruption then by disease from inbreeding, for example, as well as pending pesticide use (It IS a 2 wetland!! There will be mosquitoes.), fertilizers and weed killers for lawns and salt from road de-icing in winter, etc. Jim Diodati knew all of this and he went to China, a trip paid for by the Chinese developer (very bad optics), and sold the land anyway and welcomed the developer's building plan. And to make matters worse, it is my understanding that none of the councilors knew the deal was being made, They were blindsided and forced to deal with the fallout that should never have occurred if our mayor understood what a wetland was, the environmental importance of them, and had he consulted with individuals who were up to date where "appropriate and logical" methodologies are concerned. I would be happy to discuss any of these matters in further detail with you. Your name has been added to our circulation list, although, I would ask that you provide your mailing address as the Planning Act prescribes that notices be are to be sent by first class mail, placed in the newspaper and posted on the subject lands. Best regards, Best regards, Carla Rienzo John Barnsley; MSc, PPP, MCIP Manager of Policy Planning Planning Building and Development Ciry at Niagara Fails 43 I C Queen Street Niagara Falls, ON L2E 6X5 905-356-7521 ext. 4247 Barnsley;niagarafalls.Ca 3 iagaraf irt1. www.ni agarafal 1 s,c a The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient(s)named above,and may be legally privileged.If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,disdosure or copying of this communication,or any of its contents is strictly prohibited,If you have received this communication in error,please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you 4 John Barnsley From: Linda Babb <lind.babb@gmail.com> Sent: Thursday, May 12, 2016 5:19 PM To: John Barnsley Cc: Alex Herlovitch; Ken Todd; Dean Iorfida;CouncilMembers Subject: Re: Trying again I would sincerely appreciate a timely response Dear John Many thanks for this explanation, I sincerely appreciate the information and your time. Your offer to attend a meeting is also greatly appreciated - I may do just that :) Thank you again Linda Babb • "Doubt less -believe more. complain less-appreciate more, worry less -dream more, fear less -trust more, control less -flow more." On Thu, May 12, 2016 at 4:19 PM, John Barnsley <bamsley�uniagarafalls.ca>wrote: Hello Linda: My response has taken me a bit longer than I anticipated, First, I'd like to thank you for your comments and your participation at the open house. The Thundering Waters Secondary Plan and the associated studies are being reviewed by planners, biologists and engineers with the City, Region and Niagara Peninsula Conservation Authority. It is our responsibility to conduct a thorough and objective review. That said, peer review is always an option. The Official Plan states: "Where the City, Region or the Niagara Peninsula Conservation Authority has requested additional information and/or reports, there may be a request for a peer review of any information and/or report. The applicant shall be responsible for all costs for a peer review..." In the case of the Thundering Waters Secondary Plan, peer review would occur once the EIS has been submitted and reviewed. Assignment of cost will follow past practices and the secondary plan would not proceed into subsequent phases until peer review is complete. With respect to zoning, firstly, I assume from the links you provided that you're referring to the draft Comprehensive Zoning By-law, This document has not been finalized and is still under review by staff. i Secondly, specific zoning to reflect the proponent's concept has not yet been developed. During this phase of the secondary planning the lands will be zoned Development Holding (DH) and Environmental Protection (EP). Subsequent and separate applications will be required for specific development proposals to change the DH zoning. Should you wish to discuss any of these points further, please do not hesitate to contact me. i am also willing to make myself available for a meeting. Best regards, John Barnsley, MSc, RPP, MCIP Manager of Policy Planning Planning, Building and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON 12E 6X5, 905-356-7521 ext. 4247 barnsley@niagarafalls.ca From: Linda Babb [mailto:lind.babb(agmail.com] Sent: Wednesday, May 11, 2016 2:19 PM 2 To: John Barnsley Cc: Wayne Campbell; Carolynn Ioannoni iPhone Account; Donnelly, Ryan Subject: Trying again I would sincerely appreciate a timely response Good afternoon Mr Barnsley I sent this to you five days ago and I'm wondering if and when I might expect an answer? I'm taking the liberty of copying this to MPP Wayne Gates and Councillors Campbell and Ioannoni who are kind enough to be interested in on going developments in this matter. First message with some updated information Dear Mr Bamsley Councillor Wayne Campbell introduced us at the public meeting on the Paradise proposal, You may remember 1 expressed grave concerns about the Environmental Impact Assessment being conducted solely by a firm contracted by the developer. You confirmed to me at the time that,as concerned citizens, it would be open to us to request a peer review, would you be so kind as to advise me on the correct procedure for this request? I have independently discovered that according to Niagara Region's environment policies(Section 7. B.2. 5 ) It says the "Commissioner of Planning and Development may, "Require an independent review of an EIS in accordance with the Guidelines for Peer Review approved by Regional Council, with costs born by the applicant." Does the City of Niagara Falls comply with such policies as articulated in the Region's Plan? Do we have to contact the Commissioner of Planning and Development? I need to know because we are conscious of time here. Clearly my first question in my earlier note to you is answered a) Who bears the cost()fan impartial review? The others remain unanswered lo) Where would we find a listing of comparable firms with the competence to conduct the review? c) is there a critical time period during which this must be requested? d) Will the approval process be appropriately suspended until a peer review is carried out? I am very concerned about the possibility of approval being granted precipitously which carries the threat of irreversible damage being done before appropriate,third party oversights have occurred. 3 Secondly I have a question about proposed rezoning under consideration. According to recent information the following is being considered: Zoning bylaw dated April 2015.Which allows for 90%General Industrial http;//docs.niagarafalls.ca/weblink/Browse wx?startid=670176&row-1&dbid=0 May be amended to 75%Environmental Conservation and Environmental Protection http://docs.niagarafalls_ca/weblink/0/doc/787417/Page 1_aapx Would you be kind enough to explain the implications of this proposed amendment regarding the Paradise Development? At the moment I believe the Official Plan does accommodate Environmental Protection for Heritage and Provincially Significant sites. Does the amendment under consideration maintain that commitment or perhaps extend the protection? Am I correct in understanding that while the land is designated residential, but the zoning changes will probably come later after the EIS process is finished. Again I ask will this cause more land to be designated as Environmental Protection. Is it true that the "conservation" designation is just temporary and can be wiped out after the EIS is finished. I am also seriously concerned about information about another endangered species that has come to our attention. Re archeology- one of the significant points in the "Characterization" report is that one of the regionally rare plants found in the unprotected area (non-PSVV) subject to development threats is the American Plum. This is highly significant from the native point of view. This tree was brought to Ontario by native people before European contact and was planted around villages in an orchard like manner, along with another rare fruit tree, the Papaw. The lands where the American Plum need to be clearly identified and protected from development as an Environmental Protection Area through the EIS. Many thanks for your assistance in this matter. I look forward to hearing from you and,just in case emails are being blocked I would be grateful if one of the Council members included in the addresses could confirm receipt. Linda Babb "Doubt less -believe more, complain less -appreciate more, worry less -dream more, fear less -trust more, control less -flow more." 4 John Barnsley From: Karl Dockstader <karldockstader@hotmail.com> Sent: Friday, May 13, 2016 9:37 PM To: John Barnsley Subject: Thundering Waters Secondary Plan Mr. John Barnsley, I am deeply opposed to the Thundering Waters/Paradise Development Secondary Plan. I have taken a moment to review the proposal for the Niagara Falls Slough Forest Wetland Complex and I have some technical questions: 1. WATER IS PRICELESS: If Dr. Barry Warner is correct that the NFSFWC is a "gem in our backyard"then how is the value of the combined work of the intact forest weighed against the work of only about half the forest? Is there some kind of financial accounting for the value added of fresh water filtration and biodiversity? Will an EIS account for underground hydrology?Can their even be a real value attached to it considering the externalities of the potential environmental disruption, encroachment of the residential commercial buildings on the NFSFWC, etc.? 2. FIRST NATIONS HERITAGE: Doesn't the presence of American Plum indicate that this area has a special historical significance to my people-the Haudenosaunee (Six Nations/Iroquois) -that requires special consideration above and beyond the usual hunting grounds treaty obligations? Particularly considering Canada's recent commitments around the UNDRIP (UN Declaration on the Rights of Indigenous People) won't this potentially be of Federal/Big Crown Nation to Nation concern? (more on that in a moment) Won't this warrant special attention by technical experts from my community above and beyond the current checkboxes of requirements? 3. PEER REVIEW: there are glaring discrepancies between the observations of Dr.John Bacher and the preliminary observations in the Dougan report. Notably there are disappearing re-appearing gum trees depending on who you ask (though a picture of the gum tree that couldn't be found I am sure has been made available to you) and John Bacher makes an obvious point that doesn't seem to be reflected in the Dougan Report about how Salamanders don't know where the deliniation starts and ends and there is strong evidence that their protected system is dependent upon and interconnected to the attached unprotected dry forest system. Each and every time I have attended a meeting involving experts or read reports by professionals Dr. Bachers work also seems to be more advanced and detailed than the experts employed by the developers and the developers proponents. I can only work with the information presented by the developer and proponents of protection and I only have a layman's knowledge but how could I be assured that the environmental assesment will have been done in a fair and accurate manner when there seems to be no track that leads to indicate that this is how the project is currently proceeding? Is this what a peer review is for? Is it common for citizen experts to have the more comprehensive authoritative information in this type of process? I also have some ideological questions that may fall out of your area of expertise as a planner: 1. VALUE vs. PRICE-there is a multimillion dollar initial investment, and a figure over a billion dollars that has been touted to put a price on the economic value of this project but who is considering the real 1 value of this large woodland complex? What it will mean for our current water supply and species diversity as well as the compounding exponential value as inevitable development makes an intact forested area more and more valuable in persuant years? It is sort of a simple question: who ultimatley decides that a development has a longer term value than a valuable natural system? 2. DISH WITH ONE SPOON -this area (most of Southern Ontario) is considered to be Dish with One Spoon treaty area as per the Treaty of Albany/Nanfan with my people and while I realize that the legal requirement for protection under treaty law is an uninterrupted use of a land area isn't the size and value of this complex large enough to warrant special consideration under treaty law? Again I don't expect you to be a treaty expert here but my people have a reasonable expectation of stewardship by Canadians as per the terms of all Treaty agreements and I would really hope that you could direct me to a path that might satisfy my concern that the proper value of this large forest is being weighed in concern to the Treaty obligations of Canada. Could you point me to the right people to follow up on this concern from the government side of things? 3. INTEGRITY-there are gum trees that only certain people can see...some people see turtles, some don't...some folks have publicly stated a range of figures for an offset/land swap that ultimately never happened...there has been a lot of changing info. I have a hard time believing that the concerns of environmentalist and social justice minded citizens carry any weight against the interests of showing a big big big cash invesment number. I could understand if this isn't a fair question for you as a planner, but I guess I should ask what measurable assurance can you give me that at least from a planning perspective that the facts that have been swirling around this development will settle down with integrity and honesty? 4. GENTRIFICATION -won't houses starting in the high 500 thousands and soaring upwards have net negative impact on the economy in Niagara?Since the only argument in favour of this development is the added jobs and money it will pump into the economy is there someone who is looking at the longer term effects of driving up the cost of living in an area already underperforming in a number of areas monitered by poverty experts? I have to restate what I stated at the public meeting at the Gale Centre meeting about how I could not support this project. I can only make decisions that I deem to be in the best interests of the generations who have yet to be born. This complex forested hydrological network system right next to the Welland River I know will have value to the seventh generation from us. A flashy development that will drive up housing prices and may have a net positive impact on the job market (the argument I hear evertime a developer comes to town) won't impact them in any positive way that I can see. i appreciate you taking the time to read this and I look forward to any responses. In Kindness Karl Dockstader(Niagara Falls resident) 289.990.0714 2 1 Comments with regard to the proposed development by GR (Can),as published: h ttp ww_niagarafaIIs.ca/city-hallip lanning/thundering-waters.aspx 1. My proposal with regard to the NFSFWC/Carolinian Forest The proposal that I would like to put forward is that the Niagara Falls Slough Forest Wetland Complex (NFSFWC) and the old growth,Carolinian forest are considered to be one, undividable and irreplaceable ancient biodiversity habitat for many endangered species, including but not restricted to amphibians, birds, (old)trees, plants,and deer. That this whole area should be considered as'one unit'can be concluded from the Dougan report: The small moraines, or sloughs, underlie most of the Niagara Falls Slough Forest Wetland Complex(NFSFWC),and are characterized by a network of shallow depressions and connecting channels which create complex drainage patterns. The Dougan report then points out that this slough topography can easily be eliminated due to filling and piling. It is my take that developing all around the PSW units will have that same eliminating effect and that the proposed development will essentially mean the end of the PSW units. In addition to this, building all around the PSW units will make it very difficult for any creature that travels around to move from one PSW unit to another and increases the risk that such a creature is hurt or killed by increased amount of traffic.Connecting the existing PSW units through corridors on the map will show that many parts of the proposed development are planned in those corridors.This too indicates that the forest is an integral part of the NFSFWC. When I look at the many different maps that include the area under question, it strikes me that both the NPCA mapping tool and the draft zoning-bylaw of Niagara Falls indicate that the PSW units are environmentally protected areas and that,additionally,the surrounding forest is labelled as environmental conservation areas.Although I know that the draft zoning by-law of Niagara Falls has not come into effect I find it important to point out that both maps acknowledge the importance of the old growth forest(in their own right and for the wellbeing of the PSW units)and for all that moves and flies within and migrates through that whole area throughout the year. With regard to the wellbeing of the NFSFWC and the old growth forest I think that it is important to point out that the area is being used to dump garbage, containers,etc., including in the vernal pools and that materials used around the rail road are a source of pollution.All of this needs to be cleaned up whether or not the proposed development will take place. Development of the land in question also should not happen because of the PSW units depend on their catchment area to be supplied with rain water.As can be learned from a map at the Wetland Evaluation Report from the MNRF, 2/3 of this catchment area is found north of Oldfield Road. Due to that area being largely developed now,the NFSLWC no longer gets supplied by all the rain that falls there. Most of that rain water flows away through city sewers.When large parts of the remaining Carolinian Forest 2 around the PSW units will be cut down for development,even more/all the rain water that is now still available for the PSW units will flow away in the city sewers.Therefore,development in this area should not happen at all. How significant and unique this entire area is can also be learned from an article by Barry G.Warner, Ph.D., Professor at the University of Waterloo that appeared on May 3, 2016 haps/jnia_garaatlarge.coin/2016j0V03/the-wetianri at t_ne heart of a-controversy over biodiversity offsetting-in-niagara-is-a-gem-in-our-backyard I found that the NPCA map shows that there is a highly vulnerable aquifer in the north-west corner,just outside of the land bought by GR (Can). How will this aquifer be protected from the impact of the increased traffic on Oldfield Road if this proposed development moves forward? 2. Comments with regard to the proposed development a. Density The presentations of GR (Can) show the number of expected residents(10,000)and the number of jobs created in the area (2,800).We are then speaking about 12,800 people on a to be developed area of 1.14 km square or 114 hectares.This seems to result in a population density of over 100 people per hectare.This would be a much higher density than we see in parts of major cities in Canada: http://www12.statcan gc.ca/census-recensement/2011/dp-pd/hlt- fst/pd-ol/Table-Tableau.cfm?T=205&S=3&RPP=50 and in the Golden Horseshoe: htto://www.urbancentre.utoronto.ca/pdfs/publications/RP209 Hess_et%o20al_May_2007.pdf Although I do understand that growth plans for Niagara Falls and for the Niagara Region follow the Provincial Policy Statement, in that increased density is necessary, Niagara Falls and the entire Niagara Region do not have any area with such a proposed urban density. The Growth Plan of the Niagara Region,the Modern Urban Design Guidelines of the Niagara Region and the Provincial `Places to Grow'document indicate that downtown St.Catharines is considered an urban growth area, but no mention is made about any area of Niagara Falls in this regard. I want to note that I cannot see the down town density level of St.Catharines climb to levels of Toronto or Vancouver levels.The density of the development as proposed by GR(Can) does not fit with anything we see in the Niagara Region at present or proposed for the near future. The Garner South development in Niagara Fails works with a density of 53 people and jobs per hectare. If this number would be transferred to the GR (Can) proposal,this would result in a combined total of residents and employees of just over 6,000 for the 114 hectares. This is considerably less(almost half)than the proposed density by GR(Can). 3 I want to add that the density as proposed by GR (Can) and also the Garner South density will have a negative effect on the NFSFWC due to the incredibly narrow distance between the proposed buildings and the individual PSW units. I do not expect that residents(and add tourists —see next paragraph)will respect the PSW boundaries. Protecting the PSW units could be done by placing fences around them, but this would then also restrict wildlife from accessing the PSW units. The density picture becomes much, much worse when the tourists who apparently will frequent this area are added in. From a presentation at Niagara Falls City Council I learned that GR(Can)'s hope is to attract 25%of the tourist population of Niagara Falls.The yearly amount of tourists in Niagara Falls seems to be around 14.4 million.25%of this would be 3.6 million people.This would result in a daily number of tourists to the 114 hectares of just below 10,000 individuals. There is literally no room for all these tourists on top of the proposed residential/job density. It is also not clear what the tourist attraction will be. It would therefore be good to get more realistic numbers from GR(Can)with regard to the influx of tourists that can be accommodated on the non-residential parts of the proposed development.The City of Niagara Falls should not be blindsided by unsustainable and unsupported numbers presented by GR(Can). It should also be noted that the Niagara Falls Growth Management Context Report of 2008 indicates that it is necessary to ensure that the tourist areas do not have negative effects on the quality of life in the residential areas in Niagara Falls.This sentiment seems to be very important to keep in mind in light of the proposed development. The above mentioned 2008 report also states: While the targeted 50 residents and jobs per hectare appears reasonable, it may be challenging as the current market forces may push for lower employment and residential densities(page 21).At a density level of 50 per hectare,the proposed area to be developed would have a population, including jobs,of 5,700. Even that number, according to the above quote,would be difficult to achieve.To expect a lower density would therefore be more realistic.The proposed, almost double, density is not realistic at this point in time. b. High rise buildings Is it clear to the general public that the proposed development will include a 2 x 11 floor hotel/time share/apartment buildings and several 5 floor condominiums? Neither the drawings nor maps presented make it very clear that this is indeed proposed. How do the 2 x 11 floor towers fit in the existing landscape? Is construction of those buildings permitted as they are located very close to/into the buffer area of several PSW units? c. Wetland buffers What are the regulations with regard to the official PSW guidelines pertaining to PSW buffers? 4 For example, in the area north of the railroad,the proposed plan places 2 rows of bungalows on a 'land tongue'that extends north into a large PSW unit. Is building so close to PSW units allowed, how are the buffer areas included in the proposed plan and what is allowed to be developed within those buffers? d. Health I glean from the provided information that one of the focuses of the development will be 'living in a healthy environment'. How will this interaction with nature take place when almost the entire remaining green space is made up out of inaccessible PSW units?Additionally,this proposal gives the impression that the health of the PSW is important as well. As the proposal stands today it will lead to the destruction of most of the PSW areas. e. Bike paths The proposed development incorporates bike paths through the PSW units.Why does GR(Can) propose these bike paths when PSW rules state that no changes to PSW areas be made? f. Gated community?—affordability—related to proposed jobs GR(Can) has indicated that the proposed development will include(a) private school(s), private health care facilities and that it wants to provide living space for foreign investors and retirees. GR (Can) has also indicated that the proposed development will cater to people in upper tier income levels. This raises the question whether the entire development,or parts of it,will be a gated community. It appears that individual residential units are already being offered on the Chinese real estate market.When will Canadian residents get a chance to express an interest?Or is this not in the picture because the development will be gated? If so, how is this development in the best interest for the citizens of Niagara Falls and the Niagara Region?What price range will the units offered on the Canadian market fall in?Why can foreign investors not use existing hotel facilities throughout the region and why can't foreign students have a Canadian student experience at Niagara's post-secondary education entities? Will the private health care facilities be available to Canadian residents or will it be restricted to foreign clients/patients? If Canadian residents are accepted,will they receive be OHIP covered services? Is any part of the proposed development geared toward low income/subsidized housing?The Niagara Falls Growth Management Context Report of 2008 states that, because of the low paying jobs that are available in the tourist industry, Niagara Falls has a need for affordable housing. Will the unit price preclude those who will work in the proposed employment areas (low paying/part time jobs in hotel/property management/retail/nursing home)from living close to where they work, as promoted under the Smart Growth provincial initiative?Would it 5 not be better that the Niagara Falls City Council and other stake holders focus their efforts on attracting better paying jobs to their city and building affordable houses? g. If this is a 'normal' residential area If the proposed development is a 'normal' residential area,where are 'normal/average' amenities located?Although a grocery store is in the proposed plan (in the city center), it is not clear what kind/size of store this will be.With the high proposed density I would also expect family doctors, dentists, a community center,at least one bank, a library branch,a pharmacy, other stores that supply daily needs,a church, and indoor sporting facilities. This would also fit in the 'mixed use'zoning that is promoted with the Smart Growth principles.At this moment I don't see these amenities being planned for. Where is room for small businesses that serve the proposed population? h. The reports as presented It is very unfortunate that the required reports that lead up the EIS do not seem to be thorough enough. I refer to J. Bacher(Ph.D.)'s comments with regard to the Dougan report and agree with his expressed concerns. Dr. Bacher reports,among other things, that endangered species are living in areas in addition to what was already known and that many old trees are not reported, including the very old Black Gum trees. I add to this my impression of the Built Heritage and Cultural Heritage Landscape Assessment.This report does not indicate that consultation with the Native community of the Niagara Region has taken place and does not refer to Native land use in the pre-contact/post-contact centuries. Peer reviews, including an independent hydrology report,seem to be necessary to give a more complete picture and will lead to a better informed EIS or will become its contra-indicator. i. Other Investors With a proposed development value of$1.4billion the initial investment of$100mil by GR (Can) is not enough security to have this project lead to the irreversible destruction of the Carolinian Forest and the zoning change to residential in an official plan amendment. When asked about other investors at the Niagara Falls Council meeting, GR(Can)gave a vague answer. It cannot be that GR(Can) has, at present, no other investors lined up.The citizens of Niagara Falls and of the Niagara Region have the right to know who the other investors will be, especially if these investors turn out to be local to Niagara Falls and the Niagara Region. I trust that this information will be made public as soon as possible. j. Impression from the drawn images/pictures and use of language I want to draw attention to the impression that is given by the drawings of this proposed development in GR (Can)'s presentations.These drawings do not do justice to what is actually proposed.The impression that is being given is that this development will create an idyllic neighborhood. However,the drawings of the built up area do not show the proposed density, nor do they show the actual lot sizes. The drawings show ample water and green space where 6 there will be hardly any.The Market Report shows the proposed development as being built out into the Welland River, with the Welland River having proportions that do not reflect reality: https://www nia arMalls_ca/pdf�_olannsng[projectsithundering-waters_open-house-2/market report.pdf In addition, all the included pictures give the impression that much more space will be found in the proposed development than there actually will be. Unfortunately the GR(Can)website only shows these same style drawings when it provides information about its other developments in China. It does not provide pictures of the actual building results. I also want to point to Google Maps,where observation of one of the projects built by GR(Can) leads me to conclude that what actually has been built does not compare to what is depicted in the accompanying drawings.This is disappointing and makes it difficult to trust that what is visually and verbally indicated about the proposal to be built in Niagara Falls will actually look and function like that in reality. This leads me to making a comment about the wording used throughout the presentations. Unfortunately it seems that when certain features are mentioned,the audience walks away with a different impression from what is actually in the plan.When I hear the words'Canadian Feature Street' I do not translate this into a maybe 35 meter long pathway with 4 stores/eateries on each side.Thus,once again, as with the drawings,a different image is being created than reality does justice to. It is difficult for the general public to look past what is being presented and see that reality.This is in addition to concerns that I have with regard to the proposed density numbers,the job creation, and the number of tourists that is projected. Based on points 1 and 2 above, my final conclusions are as follows. It is in the best interest of the Niagara Falls Slough Forest Wetland Complex and the adjoining old- growth Carolinian Forest to not develop on the Carolinian Forest area at all and to seek protected status for the latter, bringing them together in a Trust or as a highly significant ancient and biodiverse Provincial Park or even National Park. Recommendation:That the City of Niagara Falls work together with GR(Can)to find another location,a brownfield that exists within the city limits and that is suitable for the entire proposed development or for parts thereof. if this is a proposal GR(Can)could be interested in,then I would expect that the development would include an entire range of amenities for the general public, including an affordable and subsidized housing component,thus creating a development that will do no harm and be inclusive of all residents of Niagara Falls. Maria Hekkert 3 Regatta Drive St. Catharines,ON L2N 5P9 marialelie@hotmail.com May 13, 2016 Thundering Waters Secondary Plan—Open House #2 —Comment Sheet May, 2016 Thank you for the opportunity to provide comments on this proposed development. I would like to know what the developer's vision is for the natural areas on the property. How will they look after the subdivision is constructed? How large will the buffers be around the natural features of the property? Will any homes or other structures be built very close to the natural features? The buffers should be a minimum of 30 meters around all of the natural features. Will locally significant wetlands damaged during construction be compensated for with a 3:1 ratio? How will significant woodlands and old growth be protected? Low income housing should be a part of this development and any development in the City of Niagara Falls. We need to ensure that we do not create ghettos for low income residents and gated communities for the rich as this does not make a healthy community. Will residents of Niagara Falls who do not reside in this subdivision be able to hike in the Niagara Falls Slough Forest Wetland Complex that is on this property? The Niagara Falls Slough Forest Wetland Complex is an irreplaceable part of Niagara's natural heritage. If the developer truly loves the environment and nature. she should build in an area where she will not be destroying natural areas. Sincerely, Joyce Sankey isanketi'ucogeco,ca 905-329-9672 Comments on the Thundering Waters Secondary Plan May 20, 2016 The Thundering Waters Secondary Plan Area is within the area designated as the Niagara River Corridor. In 2010, a conservation action plan was created for this area due to its overall environmental significance. ( See https://caroliniancanada.ca/legacv/Publications/CAP 2010/Niagara River Corridor CAP2010 .pdf). The conservation plan included the following goals: 1. To maintain existing and establish new functional ecological linkages between core natural areas. 2. To direct incompatible development and land uses away from natural areas. The Thundering Waters Secondary Plan Area exists within a core natural area of the Niagara River Corridor that is called the Niagara Falls Slough Forest. Thus any development in this area needs to have careful oversight in order to adequately protect natural features. The Thundering Waters Secondary Plan describes some laudable principles. However principles in themselves are insufficient if in fact they are not adhered to. I have referenced a few examples below: Principle Number Two of the Secondary Plan is to "create a sustainable, resilient, green community." The first objective mentioned under this principle is "to enhance the natural environment through protection of key wetland features and associated buffers." (my italics) It should be pointed out that much of the property is a Provincially Significant Wetland (PSW) and can not be developed under provincial law. In addition, the study conducted by Dougan and Associates identifies over 130 ha of the 225 ha property as "swamp." Dougan recommends, "Where feasible, non-PSW wetland features should be considered for protection." (P 63) Dr. John Bacher, PhD, in a scholarly submission to city council on April 26 points to the importance of protecting surrounding forest as a buffer in order to prevent deterioration of wetlands. I am concerned about the plan to build low density single detached houses in the middle of the existing northern PSW. Dougan identifies this area as polygon 6 and characterizes it as "green ash mineral deciduous swamp." Development of this section of the property seems to contradict the objective of protecting associated buffers, and certainly does not enhance the natural environment. Principle Number Four of the Secondary Plan is the "development of a linked open space system and natural heritage system." One of the objectives under this principle is "to ensure that development protects significant natural heritage features by providing appropriate separation distances and buffers." Once again the insertion of a low-density subdivision into the middle of the forest area seems to contradict this obiective. The importance of interior forest to the protection of natural heritage should be noted. By limiting edge habitat, a forest is less susceptible to invasive species such as garlic mustard, buckthorn or European common reed which have become scurges in many of our wooded areas. Inserting a subdivision into the centre of a wooded area increases edge habitat and decreases interior forest which is essential for some species. (See http://www.Irconline.com/Extension_Notes_English/pdf/forinterior.pdf for an explanation of the importance of interior forest produced by the Ontario Ministry of Natural Resources.) Dougan identifies the wood thrush as a species of special concern that nests on this site. The wood thrush requires interior forest for nesting purposes. Dougan suggests that impacts to wood thrush breeding habitat should be avoided where possible outside of the PSW (P59). Dougan identifies polygon 6 among others as area of concern for the wood thrush. Therefore the forested area north of the railway corridor should be preserved as a solid block. Linkage between natural areas is also important in order to allow species to move from one natural area to another. The secondary plan currently provides valuable linkages between PSWs in the south block to the Welland River, However there are no linkages proposed between the north block and the south block. or between the north block and the hydro property along the hydro canal.A natural linkage should be considered through polygons 12 and 13 to link polygon 5 and 27.A portion of polygon 1 along Dorchester Rd (currently proposed for medium density residential) should be considered as a natural green space to link the PSWs in the north block to the hydro property. The Secondary Plan makes reference to the possibility of biodiversity offsetting in the future if it were someday allowed by the province, In light of the environmental significance of this area, it should be stated categorically that biodiversity offsetting will not be allowed in this area in the future. Thank you for the opportunity to comment on the proposed plan. Frank Fohr 5701 MacPherson Cres Niagara Falls, ON L2J1Z9 Pi,arfIrg 7/1 Brief to Niagara Falls City Council on Issue of Rat Infestation and Need to Protect Thundering Waters Forest-Savannah Natural Habitat. By Dr.John Bacher, (PhD) August 2, 2016 1. Need to Elaborate on Issue of Rat Infestation from Previous Brief In my previous submission, which was on a range of issues, I mentioned briefly the problem of rat infestation resulting from the extirpation of forested habitats for the native natural predators, of the exotic introduced species, the Norway, (Brown) Rat. Since that time I have found more relevant information of this topic, from a variety of sources, including a long time. Niagara Falls resident living near Oldfield Road. 2, Comments on Recent Explosion of Rat Population by Long-time Resident, Derek Jones After reading my earlier submission to council, Derek Jones wrote to me on August 1, 2016. He told me about the impact of the recent removal of seven acres of forest near his home in connection with the development now under construction on Oldfield Road.Jones told me that,the "now demolished forest was actually part of the larger forest, and supported a large population of deer and other wildlife.This being the first year since the wholesale destruction of that large chunk of forest,our neighborhood has been overrun by for the very first time in over ten years that I have lived there. I had never seen or heard of a single rat until this year. It became so bad that the landlord had to install rodent traps, and invest in/install metal guards throughout the property to block access to where rats could hide, or create habitats on the property. Until this year, it was never an issue. But now they, have removed the adjacent forest, so tell me it's a coincidence." 3. Additional Information on Role of Great Horned Owl and Sharp Shinned Hawk Additional research has brought to mind some special factors which make the protection of the Thundering Waters Forest valuable for the Great Horned Owl and Sharp Shinned Hawk. The role of the Great Horned Owl as a valuable predator to nuisance, largely non-native species harmful to humans, is showed by the use of models of them to deter the presence of such wildlife. Note that the Great Horned Owl and the Sharp Shinned Hawk are both regionally rare species, and therefore this makes this 500 acre threatened block of habitat quite significant. These species benefit from the old growth character of much of the forest, since they benefit from the cavities in old growth trees that are used for nesting. If even the most carefully regulated development around the protected wetlands is undertaken, and a proposal for turning Ramsey Road into a major arterial highway through them is defeated, the Great Horned Owl could vanish.This is because since it is nocturnal, it is vulnerable to noise disturbances in the daytime and frequently vacates habitats due to human intrusions. 4. Long-tailed Weasel Found on the Site is Major Predator of Rats During field work on the site, snow markings were found that indicate the Thundering Waters forest provides habitat for the long-tailed Weasel, a important predator of rats. On this topic my research revealed the following quote from a paper on the natural predators of rats. It found that, "Weasels, bold and aggressive in their hunting habitat, enjoy noshing on small animals including rats. Many times, they will kill more than they can eat, storing extra meat for later use." 1 The important and beneficial ecological role of weasels was detailed in a December 14th, 2016 article by nature writer, Bob Confer, in the East Niagara Post. Here he describes weasels as"the best mousers of the animals kingdom, even better than cats,foxes or owls." He notes that one"can kill a dozen mice in one day. It won't eat them all at once and will stash them and come back and eat them when their hunting efforts have proven fruitless." 5. Pest Problems Illustrate Why Ninety Percent of Thundering Waters-Forest Savannah Should be Protected. In conclusion,the pest problem shows why,as the product of careful natural heritage planning that can trace its origins to the creation of regional government in 1970, ninety percent of the Thundering Waters Forest-Savannah should be protected from site alteration.These studies show all but the brown fields on the eastern edge to be either provincially significant wetlands or forests.One of the important ecological functions that the Environmental Impact Study(EIS), should look at, but so far at least fails to, is the impact of development in the provincially significant forests on the native predators of exotic pests species. 2 Planning S5 2016-08-13 .474// 7 Lisa Mikolich 3162 King St Vineland, ON LOR 2C0 Director of Planning Building * Development, City Hall 4310 Queen St, Niagara Falls, ON L2E 6X5 Dear Sir: Re: Thundering Water Forest proposed secondary plan I do not support the Thundering Water Forest proposed secondary plan in its currenP orm because GR the investor is planning to isolate the wetland and destroy most other habitat—forest, grassland, savannah and meadow—that supports the wetlands and the critters who need both wetlands and uplands to survive. You need to put a moratorium on the development of the Thundering Waters Forest until a clear, transparent, public process can decisively establish the full social, environmental and economic benefit of this forest remaining completely intact. The size of the Thundering Waters Forest is one of the largest remaining continuous forests in the region of Niagara. Do not destroy the forest. It is imperative to protect this forest in its entirety until the real value of this important, diverse ecosystem is properly considered. The appeal of a newer,greater, better, economic development project will only last for a few years the remaining areas of the Thundering Waters Forest property we are trying to protect contain vernal pools(depressions in the land that fill up every Spring with water, and give protected breeding grounds for many amphibians, birds and insects). The property has other valuable habitats, including a savannah-like area. This can not be recreated, and Niagara Region has already lost approximately 90%of its original wetlands but a majestic and important forest complex like the Thundering Waters Forest will last for thousands of them. This space and all natural spaces are most valuable intact. AUG 1 8 2016 • Page 2 2016-08-13 Director of Planning STOP TRYING TO RECREATE DESTROYED WETLAND. I am concerned about the lost of the Niagara Regions last few remaining wild spaces and wetlands. It is not right to destroy the wetland with the amphibians. Sincerely, Lisa Mikolich C) O C Z_ C) O cnz CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: August 23, 2016 Re: Library Board Vacancy Niagara Falls Public Library Board member, Ken Su, resigned from the Board. As a result, the Board has a vacancy. As per the General Terms of Reference for Advisory Committees, Council may fill the vacancy by go to the runner up list from the beginning of the Council term or accept a recommendation from the Board. The runner-up from the beginning of the Council term is Tony Caruso, who received two votes, at that time. The Niagara Falls Public Library Board has recommended Kevin Letourneau, whose background is outlined. RECOMMENDATION: For the Consideration of Council [511-/ A Great City ... For Generations To Come Dean Iorfida From: Monika Seymour <mseymour@nflibrary.ca> Sent: Thursday, July 14, 2016 1:30 PM To: Dean Iorfida Subject: Replacement Board Member Attachments: letter of application - Board Member.pdf Hi Dean, The Niagara Falls Public Library Board currently has a vacancy and would like to recommend the application attached to be named as replacement to the Board. It would be appreciated if you add to next Council meeting agenda. Thank you Monika Monika Seymour, BA,MLS CEO/Chief Librarian Niagara Falls Public Library 4848 Victoria Avenue Niagara Falls, Ontario L2E 4C5 905-356-8080, Ext.230 Fax 905-356-9498 mseymour ctnflibrarv,ca \,v-ate.nflibrary.ca ***************************** the only thing that you absolutely have to know. is the location of the library. -.flhert Einstein 1 c LIBRARY Monika Seymour<mseymour@nflibrary.ca> Library Board Application 1 message Kevin A. Letourneau <kevin@cccpc.ca> 14 July 2016 at 08:53 To: Monika Seymour<mseymour@nflibrary.ca> Hi Monika, I understand you are looking for a replacement Board member for the remainder of the current term. I am very interested in filling this position. Please accept my attached Bio as an application for this position. If you need any additional information please let me know. Thank you for this opportunity. Kevin A. Letourneau, BAcc, CPA, CA CC&C Professional Corporation Chartered Accountants 3650 Portage Road Niagara Falls, Ontario L2J 2K7 tel 905-371-2300 ext.2222 fax 905-371-2344 www.cccpc.ca ;tt°` Follow us on Twitter at @NiagaraCAs This e-mail and any files transmitted with it are confidential and intended solely for use of the individual or entity to whom they are addressed. If you have received this email in error please immediately notify the sender and promptly delete the transmitted material from your computer and server. Please think about the environment before printing this email. CC&C Professional Corporation Chartered Accountants 3650 Portage Road Niagara Falls,Ontario L2J 2K7 Tel: 905-371-2300 Fax: 905-371-2344 email: corfield@cccpc.ca KEVIN LETOURNEAU CPA, CA Born and raised in Niagara Falls,Kevin received his Business Administration- Accounting diploma from Niagara College in 2002. He graduated from Brock University with an Honours Bachelor of Accounting degree in 2006 and successfully completed the Chartered Accountants designation requirements in 2009. Effective January 2013 all Chartered Accountants. in Ontario became Chartered Professional Accountants. Kevin has worked in public accounting since 2006 and joined CC&C Professional Corporation Chartered Accountants in 2010. He currently offers experience in a variety of accounting, assurance, non-profit and tax related services. As an active member of his community, Kevin presently is a member of Niagara Falls Rotary Club and serves in other business groups as a volunteer. Kevin and his lovely wife Amanda reside in Niagara with their three children. INJACC&C Professional Corporation Chartered Accountants Page 1 of 1 Name of Board / Commission / Committee; Name Tony Caruso r Address - Home Phone Number Cell Phone Number Email Are you over the age of .18? Yes Are you a resident of Niagara Falls? Yes Have you been on a City Council Yes appointed committee or board in the past? Briefly describe your recent volunteer Board of Museums (youth Chairman) 2006-2011 experience Y Niagara Falls 1 81 2 Committee 2006-2011 Niagara Falls Trails and bikeway Committee 2006-2011 Niagara Falls Mayors youth advisory council 2006-2011 Briefly describe additional skills or with my past experience on local boards I know what I must do to experience relevant to this appointment make sure the taxpayers are fully represented and with this position you must work together as a team and to take the direction of council, which I am willing to do, I hereby consent to the release of my Yes address and telephone number(s). This information will be included in the list of Boards, Commissions and Committees which is used by City Staff and Council for appointment purposes only. i �_ I • ,k:• 11) )7 App :-tla. L tali AiIit.;rosolt l"d Niagara Falls KOA 5 r A41' 8625 Lundy's Lane• Niagara Falls, ON L2H 1H5 Info 905.356.2267 • Reserve: 800 562.6478 CEIvEO Web: niagarakoa.net r 1\ q� sot MAYOR` ofocE 3/ July 26, 2016 Dear Mayor Diodati & Niagara Falls City Councilors, As a result of the fire ban. commercial campgrounds in Niagara Fails are seeing negative impacts on daily business. After a meeting with other local campgrounds. specifically Jellystone Scotts. and Campark Resorts. we are collectively experiencing decreases in the number of nights our guests are camping along with a large drop in store sales. We have found that our tenting and cabin campers are suffering the greatest due to their reliance on fires therefore they are seeking out other municipalities that are allowing wood burning fires. The tenting campers rely the most on wood burning fires as a means to prepare meals, not wanting to accrue additional expenses by purchasing a propane grill. The camping industry provides an environment for families to get outdoors and get away from the modern distractions such as television, video games, and other electronic entertainment. Our industry promotes controlled wood burning fire features to encourage this family culture allowing families to truly disconnect and get back to basics by gathering around their controlled fire to talk. sing, and cook various foods in a way that their normal, everyday life may not allow. Boy Scouts, Girl Guides, Church Groups, School Trips, and Nursing Homes, to name a few, offer overnight trips to disengage from the normal hustle and bustle of everyday life for a true outdoor experience, a campfire being a the center of their retreat. Unfortunately, we are now finding that people are either not booking. arriving at the campground then leaving, or cancelling prior to arrival due to their inability to partake in the campfire experience. The families that camp with KOA not only spend money in our campgrounds. (firewood sales, marshmallows, fire roasting sticks, etc ) but help generate money in Niagara's tourism industry by partaking in our local restaurants, gas stations. stores, amusement attractions, WEGO bus transportation just to name a few They support the family owned and operated businesses, pizza parlors, automotive repair shops. sporting goods stores. and grocery stores. A large percentage of our campers are destination vacationers We have no permanent residents Campfires for cocking are a critical lifeline to the campground experience Along with the local tourism industry being impacted. local jobs are now being effected as less labour is needed to clean fire pits, move firewood, and staff the fun campfire experiences that coincide with camping. Given the drop in sales, we will soon need to cut hours and possibly lay off staff after the upcoming holiday weekend which has not happened in 25 plus years. Please consider how long our campgrounds have been in business in Niagara Falls. There has been no change in how we do business. the location of our businesses or what we burn. Not only do we follow the city ordinance by having a fire plan. the fire department regularly inspects our campgrounds to make sure we are following all requirements to create an environment conducive of safely having campfires. AE�tE'S CA41p/4,_ THERE'S KOA In closing, KOA has a very clean record with no calls for fire department assistance due to careless campfires. We follow all guidelines/bylaws set by the fire department and City We patrol the fires,we extinguish by times set by the fire department,we only allow clean wood to burn, and we enforce no garbage being burned, with having water hoses every 150 feet. Fire extinguishing equipment is inspected regularly.These practices would not take place in residential backyard fires. Thank you for your time and we ask for your assistance in getting cooking fires reinstated, (with restrictions outlined by the fire department) in commercial campgrounds. The season is extremely short for the 6 Niagara Falls campgrounds, I have attached the letter that was issued in July of 2012 by Fire Chief Lee Smith. Sin rely, Lisa Thompson General Manager Niagara Falls KOA ....../.7 . Niagaraaalls 4, , , July 25, 2012 Open Air Burning Requirements for Camping Establishments During Periods of Fire Restrictions There has not been a hire ban within the last ten years in the City of Niagara Falls. The conditions that warrant a Eire ban include prolonged periods of high temperatures and little to minimal precipitation that increase the likelihood of controlled fires spreading beyond their area to adjacent land and:or structures. Camping establishments have a good record for the management of open tires within their properties and have worked with the Niagara Falls Fire Department to ensure compliance with established requirements. Camping establishment operators have identified cooking requirements for patrons as primary means of food preparation. This distinguishes camping establishments from other types of open air burning. En consideration of the above, unless otherwise determined, camping establishments will be permitted to have open air burning for the sole purpose of cooking during times of fire restrictions Requirements IMPIMPlainfir I Fires shall be permitted exclusively lbr the purposes of cooking 2. Such fires shall be permitted no earlier than 4 O{i p inand shall be fully" extinguished no later than 8.30 p.m, i Equipment capable of e.tctir'.?uishinai the tire s iab be ,cri site al ail times (such as hos& portable fire extinguisher and ter buckets of sand; 4 F _ tire shall be reser ted to an :tor" :,..ed corifaiie- it it sattsfactor, tt_ the Chief :r. t_'t ._ :ii ppr' ed ,:n air,er ,_ ,Ie. s'__, im_ tlric;kj. stone: wl, _ 2r1tes and hall ..e ..ar .e. it a r,„r..t'niU; ,i^ ai,cf ,? '''k 'i 5 Fhe e 1r'.3:2 adjacent to the approi,e,i Fire container .:hal be tree V't,3t's,.I: and anand ..';i ..,tiler corn}€ t;f, . materials l' e treJ1:11:ce i ._ The appr. ed -- - .:Gia. .�r -;ht . be _ .,`f . en -,:attaretet! _i 3 pre,.rot the 3prca;i st tire beynn. Sc: tprro::crd ,,,r finer : ` Fire Department At 220 Pax M5-356-52:6 Working ng Together to Serve Our Community stmthidiiagaralails c3 . rX� ,vii', v ,.fait i `� Sheet,Nlie .. � fitF is� .OAICbndda t,2E2E8 enure campground to ensure compliance with the above specifications, and that no other obvious fire hazards exist. 9. Campground management shah ensure that sufficient notice of the above specifications is given to all campground guests and stiff, and that they are also conspicuously posted in all public areas within the property. 10. Campground management shall ensure that the registrant for each occupied campsite has signed and acknowledged the above fire restrictions upon arrival 1 I. The Niagara Falls Fire Department reserves the right to rescind approved cooking tires should the above specifications not be adhered to or there be a change in weather conditions. Thank you for your co-operation in this matter_ If you have any further questions or concerns, please contact Brian Dickson. Director of Fire Prevention at extension 2208. Yours truly, Lee Smith Fire Chief FIRE DEPARTMENT Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Jim Boutilier, Fire Chief Date: August 11, 2016 Re: Fire Ban Please accept these comments in response to the letter Council received from Lisa Thompson, General Manager, Niagara Falls KOA regarding the fire ban. At this time, we are not prepared to exempt the campgrounds with regard to the fire ban for the following reasons: 1 We are experiencing the driest season in history and this is the only solution to reduce the potential for fire spread, thus reducing the immediate threat to the citizens and visitors of Niagara Falls 2. All 12 municipalities in the Niagara Region have issued the same fire ban. 3 The ban remains as continuing hot, dry weather elevates the wildfire hazard to high, very high or extreme. 4. The implementation of fire bans across the province is gaining momentum as the dry weather continues. However, we have informed the campgrounds that they can allow their campers to use charcoal as a means to cook their meals. We continue to monitor this situation and once we receive sufficient rain to create vegetation growth, we will lift the fire ban. JB:tc A Great City ... For Generations To Come BILL 31 AMENDMENTS - HIGHWAY TRAFFIC ACT NEW ROAD RULES IN EFFECT. A REMINDER TO ALL DRIVERS AND CYCLISTS ! As of January 2016, all motorists must stop and yield the whole roadway at: Pedestrian crossovers; School Crossings where there is a guard displaying a school crossing - stop sign. Motorists can NO longer turn left, t „am.40 right or proceed through a crosswalk STOPon the clear half of the roadway. oitr -now MUST wait until the entire 1 ! crosswalk is empty of both pedestrians ii‘miand the School Crossing Guard. ,t INI top, when you approach a School MIMS MI Crossing Location . -• El ake notice of whether there is a guard on duty 0 bey the Highway Traffic Act and wait for A , , guard to completely exit the crosswalk 4 p roceed with caution THIS REMINDER IS BROUGHT TO YOU ON BEHALF OF THE PARTNERSHIP OF SCHOOL CROSSING PROGRAMS ACROSS THE NIAGARA REGION: ( ) ,r \aag tr_nails , \Vel la nd Nam-0o- IC RTCc li(�ZNI Niagar L-ake ti-,Pelham Lincoln Lincoln in PROCLAMATION WHEREAS a Municipal School Crossing Programs Committee (the "Committee") has been in place since 2013 to provide best practices, training and supports for the school crossing programs throughout the Niagara Region; and WHEREAS the Committee, in conjunction with the Niagara Regional Police Service (NRPS), educates students and the public on road safety measures; and WHEREAS on January 1, 2016, Bill 31, the Making Ontario's Roads Safer Act, amends the Highway Traffic Act (HTA) making it mandatory that drivers must yield the whole roadway to pedestrians at school crossings and pedestrian crossovers; and WHEREAS in anticipation of "Back to School", the Committee and the NRPS wish to raise awareness of the HTA provisions; and WHEREAS Municipal School Crossing Programs Committee respectfully requests the month of September be proclaimed as "School Crossing Guard Awareness Month" in the City of Niagara Falls. NOW THEREFORE I, James M. Diodati, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the month of September as "School Crossing Guard Awareness Month" in the City of Niagara Falls. Mayor James M. Diodati & Members of Council August 23, 2016 Dean Iorfida From: Carey Campbell Sent: Wednesday, August 17, 2016 1:08 PM To: 'Stephanie Cole'; Dean Iorfida Subject: RE: Prostate Cancer Awareness Month Hello Stephanie: Thank you for your email to Mayor Diodati. I am including City Clerk, Dean Iorfida in order to assist with next steps for your proclamation request. Best regards, carey A.REY CAMPBELL Fsecutive Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell©niagarafalls.ca See more of Mayor Jim at You From: Stephanie Cole [mailto:stephanie.cote©prostatecancer.ca] Sent: Wednesday, August 17, 2016 12:01 PM To: Jim Diodati Subject: Prostate Cancer Awareness Month Dear Mayor Diodati, We were so grateful for your support last year proclaiming September as Prostate Cancer Awareness Month! With supporters such as yourself and your municipality we are planning on making a significant impact again this year and we need your help to do so. I haven't heard back from you, so I thought I would reach out once more. In 2015, over 100 cities across Canada declared that September is Prostate Cancer Awareness Month. This year we hope to double this number and spread information and awareness about prostate cancer, the most common cancer among Canadian men. Please join the other communities across Canada that are helping us in our mission. Our primary method is through proclamations and we would very much appreciate your support. If amenable, we would appreciate your proclamation of September 2016 as 'Prostate Cancer Awareness Month'. I have included below a backgrounder on Prostate Cancer Canada and some facts about prostate cancer for you. For further information please go to our website at www.prostatecancer_ca. Yours truly, Stephanie Cole Prostate Cancer Canada Background Prostate Cancer Canada is the leading national foundation dedicated to the elimination of the most common cancer in men through research, advocacy, education, support and awareness. For 22 years we have invested the generous donations of Canadians towards funding research that will uncover better diagnostic and treatment options, and towards providing comprehensive education and support services for those living with and affected by prostate cancer. Prostate Cancer facts - 1 in 8 Canadian men will be diagnosed with prostate cancer in their lifetime; which made for 24,000 expected new cases in 2015. - Early detection saves lives. When detected early, the survival rate for prostate cancer is over 90%. - Prostate Cancer Canada strongly advocates for "smart screening" for prostate cancer following a shared decision making process between a man and his doctor. This involves men getting a Prostate Specific Antigen (PSA) test in their 40s to establish a baseline level which is then incorporated into the man's risk profile with family history and ethnicity to determine when the next PSA test needs to occur. - Over the last 20 years, mortality from prostate cancer has dropped by 40% due to early diagnosis and treatment. Empirically this is over 2,000 Canadian men who are not dying each year due to prostate cancer being diagnosed when it is largely treatable. PROSTATE CANCER AWARENESS MONTH September 2016 WHEREAS, prostate cancer is the most common cancer to affect Canadian men; and WHEREAS, 1 in 8 Canadian men will be diagnosed with the disease in his lifetime; and WHEREAS, an estimated 24,000 Canadian men will be diagnosed with prostate cancer this year; and WHEREAS, the survival rate for prostate cancer can be over 90% when detected early; and WHEREAS, those with a family history of the disease, or those of African or Caribbean descent, are at a greater risk of developing prostate cancer; and WHEREAS, Prostate Cancer Canada recommends that men get a PSA test in their 40s to establish their baseline; THEREFORE, I, <Name>, of the Niagara Falls of ON, do hereby proclaim September 2016 as Prostate Cancer Awareness Month in Niagara Falls. 2 Dean Iorfida From: Sarah Conidi Sent: Thursday, August 18, 2016 10:10 AM To: 'j.v.hendriks@outlook.com' Cc: Dean Iorfida; Heather Ruzylo Subject: Proclamation Attachments: Proclamation City of Barrie (1).jpg Hi Jessica, I have cc'ed our Clerk, Dean, who will be able to assist with your request for a Proclamation for Suicide Prevention Day in September. Best, Sarah Conidi - Executive Secretary Office of the Mayor and CAO City of Niagara Falls, Canada Direct: 905.356.7521 x 5101 Connect with Mayor Diodati! You so ap From: Jessica Hendriks [mailto:j.v.hendriks@outlook.com] Sent: Wednesday, August 17, 2016 7:08 PM To: Sarah Conidi Subject: Re: Regrets Hi Sarah Thanks for your reply and I apologize that I haven't responded til now. I was wondering if Mr. Diodati would still be interested in sending a letter to me declaring his support for suicide pervention day as that was the goal of my letter. Attached is one the city of Barrie did a few years ago. I'm trying to get as many mayors in Niagara to do the same. Let me know. Jessica Hendriks From: Sarah Conidi <scenidianiaga.arail .ca> Sent: August 12, 2016 3:10:15 PM To: 'j.v.hendriks@outlook.com' Subject: Regrets 1 *1 , fehi- . ,A k PROCLAMATION -!err, „i° - " ,AI Pr,r ,ek-ni c - ,vId A 0-"(1 W `," lin e i A . .,,..., . , 111` la I k i Ai iijoiligRilltatir"la ,.,, 44 ter* vok 4%:: Mayor Diodati thanks you for the invitation to Hold Mommy's Cigarette, however, he is committed on the days of your events and regrets he can't attend. He wishes you all the best as you work to promote World Suicide Prevention Day. Best, Sarah Conidi - Executive Secretary Office of the Mayor and CAO City of Niagara Falls, Canada Direct: 905.356.7521 x 5101 Connect with Mayor Diodati! You 4.,„1 www.nia arafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s)named above,and may be legally privileged. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution, disclosure or copying of this communication,or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you 2 Administration Niagara f f Region of the Reg one! Clerk u Sir Isaac Brock v'iay. PO Box 1042 Tho-oid. i_?'+' 4T7 Telephone: 905-685-4223 Toll-free: 1-800-263-72,5 Fax: 905-68'-4977 www.niagararegion.ca :\,1u aiu'es— Sen lent oa RE: Appointment of Niagara Resident to the Senate of Canada Minute Item 13.2: CL 12-2016 July 21. 2015 eg: na tS eeting eio , _ 23 casseu me foliond N agara `ey!or "as nOt 7ac 3"'„, "eore _atio" n ^.e Senate 3f Canada s oe .i iv e`eas me Senate of Canada ^:as a- oorta role e "o pia; our narliar. marl Sister-, 1i'Jhereas ;Niagara represents 1 24:n of Ontario s population ant mere are 24 Oatar:o seats 'n the Senate of Sairaca. an;; \i"Hereas the Minster of vemocratlo :nshitutions announoet on iJly 7. 20 toat the next or'ase \o poirrents to the Senage of Canada has oeen initiated THEREFORE BE T RR-SOL,r:=7' 'a: Rett c a Z.;.:),..rtoi ENDORSE a 'et:e" reco..esting tat a -esaen: of regcn o N agara „-:ugh rio parocrua no:.i:auai oe oonsteteic for appointment the Senate of Cana:.,. o, :he oeoenden: Od'/Bor' Board for Senate Appointments; 2 ?_ .et:e7 BE SIGNED Me Reg.yona. Cnar ant eac7 of 'iia a:as cc este: :o S4000 the ette theo aP re of .re.: Mayors- 3 ''.a: -. s etter BE SENT to me 7-a p- me mtlecencent Soa .. tot Senate ..-1,coomtmtents. anu- e,::e" BE CIRCULATED _ para 2._e N aga a `1e oe : a er e ri Ce _ _ a, a7d _ton a::a..net s conescc-ce-_e tate:: _ _ t27.7s 3:17 e s ._,.,_. able s..,occrt. s "e:-es eo Fot me acc ,e Reg -a CL-C 78-2016 l HOUSE OF COMMONS CHAMBRE DES COMMUNES CANADA CHRIS BITTLE \lcint'cr ST. CATHARINES,Ontario July 12th, 2016 Mr. Alan Caslin Regional Chair, Regional Municipality of Niagara 1813 Sir Isaac Brock Way P.O. Box 1042 Thorold, ON I.2V 4T7 Dear Chair Caslin, Further to our recent discussions regarding the Senate of Canada,and gathering support for the appointment of a Niagara Resident to the Senate, please find attached a letter that I hope yourself and all Niagara mayors will sign onto. It may surprise yourself and your fellow councillors that Niagara has not had any representation in the Senate of Canada since 1976. Throughout the history of Canada,since 1867, Niagara has rarely had any type of representation in our upper chamber. While I know that the Senate is not always in the forefront of the minds of Niagara residents, it still does have an important role to play in our parliamentary system. The Prime Minister has committed to the Senate renewing itself in a new non-partisan way. I think everyone can agree that there has been some success on this front, first with the appointment of a number of independent Senators earlier this year and with the recent study and debate on Bill C-14, where Senators from all sides and independents came together to work on this legislation. The Prime Minister and the Minister for Democratic Institutions have also been clear, that all appointments must he done in a non-partisan and transparent fashion. Appointees are to he appointed based on merit, community involvement and taking into account gender balance and diversity. I am sure many worthy candidates could he found in Niagara. My hope is for yourself and Niagara's mayors to bring this matter forward directly to the Independent Advisory Committee. This would show a grass roots, community based push for the appointment of a Niagara resident to the Senate of Canada. I believe this is a great opportunity for the region and local municipalities to work together towards a common goal that will benefit the entire region. ...2/ (..7.7)/401,1 (=1//,.c- Room '+1S Justice Building. Ottawa, Ontario, K OA() 61 Geneva St. , St.Catharines, Ontario . I,2R 4M2 fel.. 613.092_3352 Ear :hi3.94 .4402 Tel.: 005.934.676:Fax: 905.934.1577 loll Frei: 1.866.-84 i l E-Mail:Chris.Bittle@parl.gc.ca E-Mail:Chris.Bittleaparl_gc.ca In consultation with your office, we have drafted a letter that I believe will be favourable to regional mayors and will make a compelling argument to the Independent Advisory Board on Senate Appointments. On July 7th, the minister announced that the next appointment phase has now begun and therefore time is of the essence if we are to see someone from Niagara appointed in the coming months. After Regional Council has reviewed this project, my hope would he for this letter to be circulated to area municipalities for signature of each mayor. I would like to thank you for your time and consideration of this matter,should yourself or anyone member of regional council wish to discuss this with me further,please do not hesitate to contact my office. With best wishes, I remain, Sin e ely Yours, i Cris little Member of Parliament CJB/pso ENCL: Letter to Independent Advisory Panel on Senate Appointments NIAGARA,Ontario Ms. Hugette Labelle Chair,Independent Advisory Board for Senate Appointments Privy Council Office, Room 100 85 Sparks Street Ottawa,ON K1A 0A3 Dear Ms. Labelle, We the undersigned are pleased to write you today in regards to future appointments to the Senate of Canada.As you may or may not be aware,the Regional Municipality of Niagara and its encompassing municipalities have not had any formal representation in the Senate since 1978,when Senator Joe Greene died,after a term of only 6 years. However,it was with great excitement that we took note of the government's commitment to a more open and transparent Senate,specifically in regards to how future appointments will be conducted by the Prime Minister. That is why now,more than ever,it is important for the Senate to truly represent all regions of Canada. Niagara is currently represented by four Members of Parliament,and has a population of over 431,000 residents; however,Ottawa and the Greater Toronto Area over-represent Ontario in the Senate. It is important that all regions of the country are represented in a fair and equal manner. As Niagara represents approximately 1/24th of Ontario's population,it would he fair to expect that a resident of Niagara be appointed to the Senate to reflect the diverse opinions of the region to fill one of Ontario's 24 Senate seats.This is why we are asking for the consideration of you and the Independent Advisory Board for Senate Appointments,in ensuring Niagara is represented in the next round of appointments. In keeping with the government's commitment to appoint non-partisan leaders,we know that Niagara has well qualified,community oriented Canadians who would make excellent Senators. We thank you for your time and consideration on this matter. Should you wish to discuss this matter further with any of us,please do not hesitate to contact us directly. ...2/ Below, please find our signatures and accept them as our collective support to see a Senator from Niagara appointment for the first time in 40 years. With best wishes,we remain, Sincerely Yours, Alan Caslin Bob Bentley Chair, Regional Municipality of Niagara Mayor,Township of Grimsby Douglas Joyner Sandra Easton Mayor,Township of West Lincoln Mayor,Township of Lincoln April Jeffs John Maloney Mayor,Township of Wainfleet Mayor,City of Port Colborne Walter Sendzik Jim Diodati Mayor, City of St.Catharines Mayor,City of Niagara Falls Frank Campion Patrick Darte, Mayor,City of Welland Lord Mayor,Town of Niagara-on-the-Lake Ted Lucian' — Wayne Redekop Mayor,Town of Thorold Mayor,Town of Fort Erie Dave Augustyn Mayor,Town of Pelham l i Taps Brewing Company Inc. 4680 Queen Street -14 ON QUEEN Niagara Falls, ON L2E 2L8 289-477-1010 To whom it may concern, As we have done each year, Taps will be putting on a couple of outdoor events in the parking lot with live music. We are again requesting exemption from the amplified noise by-law for the following events: July 1— Pepper Palace Wingfest in support of Big Brothers and Sisters of Niagara and Canada Day - Live music noon until 11pm July 17—Livestock Music Festival —over 40 local and International musical acts on 4 stages—from noon until midnight Aug 13— Niagara Falls Beer Festival —Live music and beer samples— noon until midnight Aug 25—Queen Street Dance Party— Dance lessons by Wendy Learn School of Dance and live music by NIOMA from 6pm to 11pm Sep 8— Live bands from Australia, Montreal and Canada by Livestock—6pm to midnight Sep 22—Queen Street Dance Party— Dance lessons by Wendy Learn School of Dance and live music by NIOMA from 6pm to 11pm Sincerely, Eric Martin Taps Brewing Co Inc. Dean Iorfida From: Eric Martin <emartin@tapsbeer.ca> Sent: Wednesday, August 03, 2016 12:00 PM To: Dean Iorfida Subject: RE: Taps On Queen Noise Exemption - Summer 2016 Attachments: 2016 Noise Exemption letter to City.docx Hi Dean, We've added 3 outdoor events for Late August and September(See attached). Looking for Noise By-Law exemption. Let me know if there's any questions. Thanks, Eric Martin Taps On Queen From: Dean lorfida [mailto:diorfida@niagarafalls.ca] Sent: Wednesday, May 11, 2016 11:30 AM To: 'Eric Martin' <emartin@tapsbeer.ca> Cc: Nick Pietrangelo <npietrangelo@niagarafalls.ca>; Franco Piscitelli <fpiscitelli@niagarafalls.ca> Subject: RE: Taps On Queen Noise Exemption - Summer 2016 Eric: Last night, Niagara Falls City Council approved your request for relief to the City's Noise By-law to permit amplified music after 9:00 p.m. for your various events this summer. I trust based on previous, similar events, there will be no issues, but all efforts should be made to mitigate impacts on nearby properties. A full copy of the Noise By-law is accessible at our webpage: tps:; 'ivw'av maga falls.ca, it gall!b laws Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) 1 Dean Iorfida From: info@niagarafallsdowntown.com Sent: Thursday, July 28, 2016 9:28 AM To: Dean Iorfida Subject: Rock Swap Hi Dean The Downtown BIA is assisting the organizers of the Rock Swap Event to beheld Saturday, August 27th on Queen Street between Ontario Avenue and Erie Avenue. We have made application for road closure to Matthew Bilodeau in Traffic. The group is actively promoting the Downtown and would like to request waiver of any road closure fees related to the event. Please advise me of what further information you require. Thanks Bob 1 THE BRIDGE June 8, 2016 289-687-0169 �n rhrrr,dganr ca The Mayor and City Council Niagara Falls, ON 5020 Fifth Ave Niagara Falls, ON Dear Honourable Mayor, Jim Diodati and members of City Council, L2E 4S5 Greetings from The Bridge, a growing church community focused on loving Niagara Fails and supporting the development of healthy communities. This letter is a request for waiving of fees and a grant. The Bridge has leased a 1900 sq ft. space at 4333 Queen St., the former Niagara Clothing Exchange, to develop something we are calling The HUB. The space will be called The HUB since it will be used for multiple community connections. Amongst many options, the space will be used as a centre for group counselling therapy, supporting local arts as a gallery and showcase venue, receptions, meetings for training by local organizations, social skills training, Food Works support in collaboration with Project Share and local food sources, collaboration with Niagara College culinary dept. to provide a"create a meal" space, ESL, tutoring, a place for coffee house nights, game nights, children and youth activities, a community living room, our Summer Arts Camp and regular gatherings for The Bridge community that continues to grow.The whole intention of The HUB is to afford another safe Third Place in the community that does not necessarily involve alcohol or act as a drop-in centre, but an environment where whole families can engage and develop a greater sense of belonging and community. We believe this would be especially helpful since the area around Queen St. has significant poverty and the issues that come with it including lack of accessibility to resources and such venues. The Bridge has been it Niagara Falls for nearly two years meeting in local neighbourhood homes, engaging local neighbourhood issues. its a non-profit organization currently as an extended ministry of Providence Christian Reformed Church in Beamsville ON They are our parent church until we receive our full chartable status from the government who are currently reviewing our application. 'We are sincerely requesting that you agree to waive our building permit deposit fee of$1250 and grant the amount of the permit fees associated with the renovation of the space on Queer St. Thank you so much for your consideration. I look forward to nearing from you soon incereiy, Pe Allen Kleine Deters Pastor, The Bridge Providence Christian Reformed Church F'0 Bo\ ;_>r>. �s h', IZ;n« 5t E Beams, iD.e.Ontario- Lt;P I B; E--ni In 1ulir 16. ,{,1= (',, V,i ln"o Jr \1=1.i,' t. O:'it:ert. This letter is being oo ritten to confirm our church's in'of ement s\ith theministry called e The Bridge. located in Nmagara Falls Ontario. This a:inistry is a part of Pros ideiice Christian Reformed Church's ministry to the people or Niagara Falls The pastor leading this ministre is Pastor .Allen Kleine-Deters 'Ilia! it you for voor consideration of this matter / )(47,/ / ---i Stet en deI3oer Pastor Providence Christian Reformed Church YJ Christ in Ission . Together, Following • 1♦ V X M CO 0 r C -I0 Z CD 4-7 it JAI CITY OF! CANADA NIAGARAFALiS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS on April 12, 2016, the majority of Council approved the ratification of an In Camera recommendation related to discussions with bargaining units; and WHEREAS as per an agreed Memorandum of Settlement with the Amalgamated Transit Union (ATU), it is necessary to revise Council's original motion; and WHEREAS therefore, this resolution usurps Council's position of April. THEREFORE BE IT RESOLVED that Council allow the ATU President to address City Council on system-wide major routing changes, that potentially could affect the union and its' employees, and on matters relating to ridership; and FURTHER BE IT RESOLVED that no matters related to the collective bargaining agreement (i.e., labour relations, negotiations) will be permitted to be addressed at Council; and FURTHER BE IT RESOLVED that the matters related to the collective agreement will adhere to the procedures governed by the collective agreement. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF-! e CANADA N14GARA FA►� The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Scotiabank Convention Centre(S.C.C.) Is hosting Niagara Falls Oktoberfest, October 14th and 15th; 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 the event is expected to attract between three and five thousand patrons; 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 THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Niagara Falls Oktoberfest, at the Scotiabank Convention Centre, to be 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 co I D co CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to establish Reserve Block 97 on Registered Plan 59M-395 as a public highway to be known as, and to form part of Tallgrass Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 97 on Registered Plan 59M-395, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block 97 on Registered Plan 59M-395 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Tallgrass Avenue. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to amend By-law No. 2016-24, being a by-law to establish rules and regulations for the City of Niagara Falls municipal cemeteries. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2016-24 is amended as follows: a. By deleting Section 1.24 in its entirety and inserting in lieu thereof, the following: "1.24 "Ministry" shall mean the Bereavement Authority of Ontario." b. By deleting Section 2.38 in its entirety and inserting in lieu thereof, the following: "2.38 This By-law and any amendments thereto are subject to the approval of the Registrar, Bereavement Authority of Ontario." c. By deleting Section 3.7 in its entirety and inserting in lieu thereof, the following: "3.7 No person, except persons licensed under the FBCSA, shall purchase Interment Rights or Scattering rights for the sole or primary purpose of reselling the rights with a view to making a financial gain. The Interment Rights or Scattering rights may not be sold to Third Party Purchasers for more than the price set out in the then current Price List or Fee Schedule, as the case may be." Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016 Second Reading: August 23, 2016 Third Reading: August 23, 2016 CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend By-law No. 79-200, to permit the Lands to be used for vacation rental dwelling units, a hostel and the uses permitted in the TC zone, save and except for a day nursery, recreational uses and dwelling units, and to repeal By-law No. 2007-208 (AM- 2016-009). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) Vacation rental dwelling unit (b) Hostel (c) The uses permitted in a TC zone, save and except for a day nursery, recreational uses and dwelling units 5. The regulations governing the permitted uses shall be: (a) Maximum number of vacation rental dwelling 7 units (b) Minimum number of parking spaces (i) For each vacation rental dwelling unit 1.25 (ii) For a hostel 5 (c) The balance of regulations specified for a TC use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 2 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. For the purposes of this by-law: "vacation rental dwelling unit" means dwelling unit that is rented in its entirety to one group of travelers at a time for a period of less than 28 days at one time. "hostel" means a building in which rooms intended for the sole purpose of sleeping accommodation for the travelling public are offered for a fee, and which contains common washrooms and kitchens and which may contain accessory rooms for recreational or other similar purposes, and may include one (1) accessory dwelling unit for the owner or operator thereof. 10. The provisions of this by-law shall be shown on Sheet D4 of Schedule "A" of By-law No. 79-200 by redesignating the lands from TC and numbered 801 to TC and numbered 1027. 11. Section 19 of By-law No. 79-200 is amended by deleting subsection 19.1.801 and adding thereto: 19.1.1027 Refer to By-law No. 2016- 12. By-law No. 2007-208 is repealed. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016 Second Reading: August 23, 2016 Third Reading: August 23, 2016 S:\ZONING\AMS\2016\By-laws\Byam009.docx SCHEDULE 1 TO BY-LAW No, 2016- Subject Land b. � . �� so •9 a`S �4 1027 °9 � ti° '9 Amending Zoning By-law No. 79-200 Description: Lt 38 Pl 291 Town of Niagara Falls; Pt Lt 39 PI 291 Town of Niagara Falls As In R0704209; Niagara Falls N Applicant: Jonathan Grossi, Tim Burke, Evan Burke 1:NTS Assessment#s: 272503000410500 AM-2016-009 K:AGIS_Requests\2016\Schedule\ZoningA09\mapping.map July 2016 CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend By-law No. 79-200, to permit the use of the Lands for a townhouse dwelling and group dwellings and to repeal By-law No. 92-240 (AM-2016-014). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands that are the subject of and affected by provision of this by-law are described in Schedule 1 of this by-law and shall be referenced in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by By-law No. 79- 200. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) A townhouse dwelling containing not more than 10 dwelling units (b) Group dwellings, excluding apartment dwellings, provided that no townhouse dwelling in the group dwellings contains more than 10 dwelling units (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 of By-law No. 79-200 5. The regulations governing the permitted uses shall be: (a) Minimum lot area for a townhouse 210 square metres for each dwelling dwelling unit (b) Minimum front yard depth (i) for the side wall of a dwelling 3 metres unit (ii) for the rear wall of a dwelling 7.5 metres unit (c) Minimum interior side yard width 4.8 metres (d) Minimum privacy yard depth for each townhouse dwelling unit (i) from the rear wall of a dwelling 7.5 metres unit backing onto Ascot Circle (ii) from the rear wall of dwelling 5 metres unit backing onto the southerly side lot line (iii) from the rear wall of all other 6 metres dwelling units (e) Maximum projection of a deck or 2.5 metres roofed-over one storey porch into a required privacy yard (f) The balance of the regulations specified for an R4 use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet B4 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from R5B and numbered 324 to R4 and numbered 1028. 10. Section 19 of By-law No. 79-200 is amended by deleting subsection 19.1.324 and adding thereto: 19.1.1028 Refer to By-law No. 2016-_ 11. By-law No. 92-240 is repealed. Passed on this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016 Second Reading: August 23, 2016 Third Reading: August 23, 2016 S:\ZONING\AMS\2016\By-laws\Byam014.docx SCHEDULE 1 TO BY-LAW No. 2016- Subject Land ',';////'/' J U SF- qerNF DR o 1/1 76.92 m 4;` // ,//// / / /1 /. • .// //i//'/ E R`L / i//',2 7',/,/,1 j / /' S X1028' // , / // 2 // � A= 53. m // // // � / / / // // ; A . , / / ; //// •f/ / / / / /, / ';i/// 0 ,2,<C‘ / ,/// // / / 21' oc W ce !h 0 Z Z 0cri N 0 0 0 2 WATSON ST s 1:nts Amending Zoning By-law No. 79-200 Description: Part of Block 2, Plan 59M357, Being Parts 8 & 9 On 59R-14064; Niagara Falls Part of Block 2, Plan 59M357, Being Parts 6 & 7 On 59R-14064 & Part of Block 3, Plan 59M357, Being Parts 4 & 5 On 59R-14064; City Of Niagara Falls Block 4 & Part of Block 3, Plan 59M357, Being Parts 1, 2 & 3 On 59R-14064; City Of Niagara Falls Applicant: Pinewood Homes (Tara) Ltd. Assessment #: 272509000338305; 272509000338325; 272509000338390; 272509000338400; 272509000338480 AM-2016-014 K:`GIS_Requests`,2016\Schedule\Zoning\14\Zoning.map July 2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to designate Blocks 8-17(inclusive), Registered Plan 59M-425, not be subject to part-lot control (PLC-2016-005). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 2011-068 to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Blocks 8-17 (inclusive) into 42 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 8-17 (inclusive), Registered Plan 59M-425, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for four years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016 Second Reading: August 23, 2016 Third Reading: August 23, 2016 S:\PART LOT CONTROL\2016\PLC-005\By-law.docx CITY OF NIAGARA FALLS By-law No. 2016 - 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 Schedules "A" and "Dl", and that Schedules "A" and "Dl" attached hereto shall be inserted in lieu thereof. 2. Bylaw 2015-131 is hereby repealed. Passed this 23rd day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. SCHEDULE "A" Acting Chief Building Official: Tammy Agnoletto 2. Inspectors: Wayne Allan Louie Baldinelli Jim Boutiler James Cerminara Luciano Chieca Tom Detenbeck Frank Devereaux Brian Dickson Effat Effat Sandro Elia Adam Horton Kellie Kubik Christel Meyer Carmen Mignelli Nick Pietrangelo Roger Pigeon Franco Piscitelli Phil Ross Ellen Roupas Fred Sacco Mark Tardif Ben Trendle Ron Waters Brian Sparks 3. Property Standards Officers: James Cerminara Brian Sparks SCHEDULE "Dl" CANADA ONE OUTLET MALL Parking By-law Enforcement Officers on private property: Kim Jones Sanel Hodzic William McMillan Curtis Sadloski Jesse Mallabar Steven Cober Alyssa Pare CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to establish Reserve Block A on Registered Plan 112 as a public highway to be known as, and to form part of, St. Thomas More Drive. WHEREAS Reserve Block A on Registered Plan 112 was owned by The Corporation of the Township of Stamford; AND WHEREAS The Corporation of the City of Niagara Falls is the successor of The Corporation of the Township of Stamford by virtue of the annexation order of the Ontario Municipal Board registered on November 27, 1962 as Instrument Number 82248A; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block A on Registered Plan 112, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block A on Registered Plan 112 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of St. Thomas More Drive. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. I 11 grk IP CITY OF+ • "CANADA NIAG�� THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2016 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Designated Lanes) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule E thereto the following item: LIMITED PARKING COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES OR DAYS MAXIMUM PERMITTED PERIOD Taylor Street North A point 14 metres west of At All Times 15 minutes Drummond Road and a point 20 metres west of Drummond Road (b) by adding to the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES/DAYS DIRECTION Victoria Avenue Bridge Street and 1.5 metre lane At All Times Northbound& Valley Way for cyclists only Southbound This By-law shall come into force when the appropriate signs are installed. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23,2016 Second Reading: August 23,2016 Third Reading: August 23,2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by -law to appoint the Fire Chief for the City of Niagara Falls. WHEREAS the Fire Protection and Prevention Act, 1997 states that the council of the municipality shall appoint a fire chief for the fire department. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Jim Boutilier is hereby appointed to the position of Fire Chief. 2. The appointment date was effective July 14, 2016. 3. By-law 2007-72 is hereby repealed. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of an Authorized Requester Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the access and use of certain information contained in MTO databases. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting access and use of certain MTO databases, adding electronic certified products for court purposes, as attached hereto, is hereby approved and authorized. 2. The Clerk is hereby authorized to execute the said Agreement any subsequent administrative amendments. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. 4. The effective date of the agreement is June 24, 2016. 4. By-law 2015-125 is hereby repealed. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. 10168 AUTHORIZED REQUESTER AGREEMENT BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation AND THE CORPORATION OF THE CITY OF NIAGARA FALLS - I _ AUTHORIZED REQUESTER AGREEMENT THIS AGREEMENT made as of the 24th day of June,2016(the"Effective Date"). BETWEEN: HER MAJESTY THE QUEEN in right of Ontario,as represented by the Minister of Transportation ("MTO") -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS (the"Requester"). WHEREAS: A. MTO maintains computer databases containing information pertaining to driver,vehicle and commercial motor carrier records; B. The Requester has submitted to MTO an application to access and use certain information contained in such databases;and C. MTO is prepared to permit the Requester to obtain such access,subject to the provisions of this Agreement. NOW THEREFORE MTO and the Requester agree as follows: ARTICLE I DEFINITIONS AND SCHEDULES 1.1 Definitions. In this Authorized Requester Agreement,unless the context requires a different meaning,the following terms shall have the following meanings: "Agreement"means this agreement entitled"Authorized Requester Agreement",including the attached Schedules, any documents or instruments incorporated by reference in this agreement. and any amendments to any of the foregoing that may be agreed to in writing by MTO and the Requester or that are otherwise provided for in this agreement. "Application" means the application, in the form approved by MTO,submitted by the Requester to become an Authorized Requester. "ARES"means the Authorized Requester Information System of MTO,which is an electronic system used by MTO to receive Licensed Information Requests from Authorized Requesters, and to send Licensed Information Responses to Authorized Requesters and to maintain client profiles,as such system may be modified by MTO from time to time. "Audit"and similar expressions mean the performance by,or on behalf of MTO,of such audits,reviews, investigations,inspections,confirmations,certifications,tests,studies and determinations of,or relating to,any matter or thing pertaining to this Agreement. "Authorized Premises"means the premises of the Requester at which are located any of the Requester's businesses or operations that relate to,or are involved in,the performance of the Requester's obligations under this Agreement or the exercise of the Requester's rights under this Agreement and which are listed in Part A-2 of Schedule"A" "Authorized Requester" means any person or other organization to whom MTO has,pursuant to an agreement,granted a non-exclusive,non-assignable and non-transferable licence to access and use the Licensed Information solely for Authorized Use(s). "Authorized Staff"means: (a) employees(tithe Requester,and b) individual third party contractors(but not corporations. partnerships or other legal entities)engaged by the Requester to perform employee-like functions, who need to access such Licensed Information or Passwords, in order for the Requester to use the Licensed Information for Authorized I se(s)in accordance with this Agreement,and who are listed in Part A-2 of Schedule"A". "Authorized Use"has the meaning set out in Part A-I of Schedule"A" "Business Day"means a day other than a Saturday,Sunday or a statutory,civic or public service holiday ohseryed in the Province of Ontario. "Claims" means any claims, demands, actions, causes of action, suits or proceedings against, or damages(including indirect,special,incidental.consequential or punitive damages),losses,liabilities or obligations of yILO,or of bffO's employees,agents or contractors. "Confidential Information"has the meaning set out in section 5.1. "Contractor Security Agreement" means a privacy and confidentiality agreement between the Requester and Authorized Staff who are individual third party contractors engaged by the Requester,in the forst specified by MLO. "Damages"means losses,compensation,damages(including indirect,special,incidental,consequential and punitive damages),expenditures,costs(including reasonable administrative costs and reasonable legal tees and costs).expenses,interest,liabilities,judgements,awards,taxes,tines,penalties,charges and amounts paid in settlement. "Declaration"has the meaning set out in section 9.2. "Delivery Channel" means the method or system by which a Licensed lnforntation Request is transmitted or delivered from the Requester to MTO or by which a Licensed information Response is transmitted or delivered from MTO to the Requester. "Disclose"means directly or indirectly disclose,provide,distribute,exchange,sell,license,lease,give, make available or permit access to or use of;and"Disclosed" "Disclosing" and"Disclosure" have corresponding meanings. "Effective Date" means the effective date of this :Agreement, as set out at the heginning of this Agreement. "Employee Security Statement"means a privacy and confidentiality statement in the form attached as Schedule"B".as may he modified by MLO from time to time. "Fees"means those tees set out in Schedule"C" "FOIPPA" means the Freedom of Information and Protection of Privacy Act(Ontario),as amended from tune to tulle "Government of Ontario"means[ler Majesty the Queen in right of Ontario or any ministry,agency, hoard,commission,department,corporation or other legal entity of or owned by the Government of Ontario. "Grant"has the meaning set out in section 2.1. "Licensed Information"has the meaning set out in Part A-1 of Schedule"A": "Licensed Information Request" means one request for Licensed Information contained in one collection of Licensed lnfimuation and pertaining to one driver,which request is in the format stipulated by MTU from time to time,and which request is transmitted or delivered by the Requester to MTO using a Delivery Channel specified in Part A-I of Schedule"A". "Licensed Information Response" means the Licensed Information(or other response such as "no information available")transmitted or delivered by MTO to the Requester,using a Delivery Channel specified in Part A-I of'Schedule"A",in response to a Licensed Information Request. "Licensed Personal Information"means any Licensed Information that is Personal Inhumation -3- "Password"means any password,key,code or identifier assigned to a user in connection with making Licensed Information Requests or receiving or accessing Licensed Information Responses. "Personal Information"means personal information as defined in FOIPPA. "Personal Information Records" means all Records of,or containing,Personal Information that is Processed by the Requester in connection with the performance by the Requester of the Requester's obligations under this Agreement or the exercise by the Requester of the Requester's rights under this Agreement. "PIPEDA"means the Personal ln/orrnation Protection and Electronic Documents Act(Canada). "Pre-paid Account"has the meaning set out in section 14.2. "Privacy Default" means a breach of: (i) any Privacy Laws; or(ii) any of the provisions of this Agreement relating to the Requester's compliance with the Privacy Laws,including Schedule"D";or (iii)any other provision of this Agreement where such breach involves or results in any Processing of (or failure to Process)Personal Information that is not strictly in accordance with this Agreement. "Privacy Laws"means(a)FOIPPA(b)PIPEDA and(c)the provisions of any other law from time to time that address any Processing of(or failure to Process)Personal Information. "Process" means directly or indirectly create, access, collect, process, receive, hold, store, use or Disclose;and"Processed"and"Processing"have corresponding meanings. "Records" means the records of the Requester in any format or medium,including any"record" as defined in FOIPPA. "Supporting Document"means any of the documents which (a) support or verify information contained in the Application(as such infonnation may subsequently have been changed in accordance with section 11.2(a));and On are listed in Part A-1 of Schedule"A". "Term"means the initial term of this Agreement as provided in section 3.1(a),and any renewal(s)of this Agreement made in accordance with section 3.1(b). "Warranty"means any representation,warranty or condition,express,implied,collateral or statutory. l.2 Schedules. The following attached Schedules form part of this Agreement: Schedule A Specifications(Part A-I and Part A-2) Schedule B Employee Security Statement Schedule C Fee Schedule Schedule D Audit,Inspection and Review ARTICLE 2 GRANT OF LICENCE 2.1 Grant. Subject to the provisions of this Agreement,MTO hereby grants to the Requester a non-exclusive,non- assignable and non-transferable licence(the"Grant")to access and use the Licensed Information solely for the Authorized Use(s). 2.2 Title. The Requester acknowledges and agrees that MTO(or the Government of Ontario)is and shall at all times remain the sole owner of all right,title and interest in the Licensed Information,including all intellectual property rights(such as copyright)and other proprietary rights and trade secrets.Accordingly,the Grant is not,and shall not be deemed to be,a transfer,sale or disposition of any or all of MTO's right,title or interest of any kind in the Licensed Information. -4- 2.3 Changes in licensed Information. (a) Despite any other provision of this Agreement,the Requester acknowledges and agrees that MTO reserves the right in its absolute discretion to add to, withdraw front, or change the content or structure of. or subject matter covered by, or cease to stake as itilable,any or all of the Licensed Inturmation at any time. b) Upon implementation by An of any of the changes contemplated in section 2.3(a) above,all references to"Licensed Information"in this Agreement shall be deemed to be amended to reflect such changes. 2.4 No Guarantees or Warranties. the Requester acknowledges and agrees that ALM does not warrant or guarantee the accuracy of the Licensed Information. ARTICLE 3 TERM 3.1 Term. Subject to the provisions of this Agreement: (a) Ibis Agreement shall he effective on the Effective Date and shall continue in force for an initial term of twelve(12)months. (hl Phis Agreement shall he automatically renewed for subsequent terms of twelve(12) months each,provided that: (i) neither party provides to the other,at least thirty(30)days before the expiry- of the then current term,written notice of that party's intention not to renew; (ii) if requested by NITO, prior to such renewal the Requester signs the form of authorized requester agreement that b1TO then requires to be signed by Authorized Requesters:. iii) the Requester has updated the lists of Authorized Premises and Authorized Staff contained in Part A-2 of Schedule"A"and has reviewed and affirmed such lists in accordance with sections 7.10 and 8.1; (ie) the Requester has updated the inhumation contained in the Application and has reviewed and affirmed such information in accordance with section 12.1; and (e) prior to such renewal the Requester has satisfied any other conditions that may he stipulated by MTO for the renewal of the(;rant. 3.2 Each Termination. Phis Agreement shall automatically terminate in the event that MTO ceases to make available any Licensed lntotmation to third parties outside of the Government of Ontario. 3.3 Termination Without Cause. Notwithstanding any other provision of this Agreement, this Agreement inay be terminated without liability by either party giving to the otter party thirty (30) calendar days prior written notice of termination. ARTICLE 4 :AUTHORIZED USES luitinls 4.1 Authorized Use(s). [he Requester shall access and use the Licensed Information solely for the Authorized tise(s)set out in Part A-I if Schedule"A". 4.2 Changes to Authorized Usc(s). Despite Part A-I of Schedule"A",the Requester acknowledges and agrees that MID shall have the right unilaterally to amend or delete any or all of the Authorized L sets)at any time,effective upon written notice to the Requester setting out the applicable amendment(s)or deletion(s). 4.3 Informed Consent. Despite the Authorized Uses)set out in Part A-I of Schedule"A" if required by MIO,the Requester shall,prior to requesting,accessing or using any Licensed Information under this Agreement,obtain the informed consent of the individual to whom the Licensed Information is referable. 4.4 Records of Licensed Information Requests. The Requester shall maintain records that specify the following information in respect of the Licensed Information received in response to each I.icensed Information Request: ta) date of Licensed Information Request. (bl the identifying information used to request Licensed Information:and (c) the business reason for requesting such Licensed lnfornation. 4.5 Retention of Records The Requester shall retain the records contemplated in section 4.4 throughout the Term and for three (3)years thereafter. 4.6 Demonstration that Uses Authorized lipon NITO's request from time to time,the Requester shall reasonably demonstrate that the Requester's use of any particular Licensed Information(as specified by NII'D)has been strictly in accordance with this Agreement.For avoidance of doubt,any breach of the requirements of this section 4.6 shall constitute a Privacy Default. 4.7 Data hatching and Data Profiling. (a) Subject to the Authorized Use(s), the Requester shall not develop, or derive for any purpose whatsoever,any other product,work or database in human-readable or machine-readable form or otherwise,that incorporates,modifies,or uses in any manner whatsoever,any Personal Information contained in,or obtained from,the Licensed Information. Ihis section shall not, however, apply with respect to any specific Personal Information which the Requester had in its possession prior to receiving the Licensed Information. (b) Subject to the Authorized Use(s),the Requester shall not place any data which was not obtained under this Agreement,into a database containing Personal lnforntation obtained under this Agreement,other than as first authorized by MTO in writing. 4.8 Individuals Not to be Contacted. Lhe Requester shall not use the licensed Information directly or indirectly to locate or contact any individual to whom the Licensed lnforntation is directly or indirectly referable,other than as expressly slated in the Authorized Use(s). 4.9 Survival. For the avoidance of doubt,the obligations of the Requester contained in this Article 4 shall survive the expiry or termination of this Agreement. ARTICLE 5 CONFIDENTIALITY Iniiiiils -6- 5.1 (lontidentialInforntation. Subject to sections 5.2 and 5.3,the Requester shall hold in strict confidence all Licensed Information and any other confidential information or materials of NI'10,or of third parties and in the possession or control of NITO,;utd any information derived from any ot the foregoing(collectively,the"Confidential Information"), 5.2 Maintain Confidentiality. Without limitation to section 5.1,the Requester shall not directly or indirectly: (a) disclose,make available.or provide or permit access to or use of.any Confidential I,lortnatiun for any purpose(other than to its Authorized Staff who need to know such Confidential Information in order to carry out the Requester's business,and who are permitted access to such Confidential Information strictly in accordance with Article x): Ib) reproduce or make Copies,or permit any third party to reproduce or make Copies,of any Confidential Inti -mation,in whole or in part(other than Copies of Confidential Information made by the Authorized Staff contemplated in section 5.2(a)in the normal course of the Requester's business),other than as expressly stated in the Authorized llse(s). 5.3 Disclosures Required by Applicable Law. (a) Despite section 5.1,the Requester stay,subject to sections 5.3(bland 5.3(c).disclose Confidential Information to the extent required by applicable law. b) If the Requester becomes compelled by applicable law to disclose Confidential lufurmation,the Requester may only disclose that part of the('ontidential Information that it is compelled by applicable law to disclose, and may only disclose such Confidential Information in the manner and to the extent so compelled by applicable law. Ic) If the Requester becomes compelled by applicable law to disclose Confidential Infimmation,the Requester shall notify NITO of the disclosure as soon as reasonably possible. 5.4 Survival. For the avoidance of doubt,this Article 5 shall survive the expiry or termination of this Agreement fur any reason, ARTICLE:6 PRIVACY LAWS Initials 6.1 Privacy Laws. (a) This Agreement and the rights granted to the Requester under this Agreement are subject to any restrictions,limitations or provisions of any applicable law. including the Privacy I or any other legislation or regulations enacted by the Government of Ontario or by the Canadian federal government,whether enacted prior to or after the date of signing this Agreement. (b) Without limiting the generality of section 6.1(a). this Agreement is subject to wry provisions of any applicable law that may restrict sir limit: ti) the information included in the Licensed Information,or In) the information that may be provided in response to a Licensed Information Request, -7- 6.2 Requester Compliance. The Requester represents and warrants that it is.and at all times throughout the Term will remain.in full compliance with all applicable laws(including the Privacy Laws)relating to its Processing of Licensed Personal Information pursuant to this Agreement. Without limiting the generality of the titregoing. the Requester shall comply with any written instructions or directions from MTO from time to time concerning Licensed Personal Inlo-neaion or Personal Information Records(including the Processing of such Licensed Personal Inlorntation or Personal lnformation Records) 6.3 Survival. For the asoidance of doubt.this Article 6 shall survive the expiry or termination of this Agreement for any Reason. ARTICLE 7 PROTE('"PION OF CONFIDENTIAL INFORMATION t6itiatc 7.1 Security of Confidential Information. The Requester shall maintain the security and integrity of the F'onfidential Information. Without limitation to the foregoing,the Requester shall (a) keep all copies or partial copies of the Confidential Information in a physically secure location to which access is restricted; h) ensure that access to any Confidential Information stored on a computer is Password- protected and that the Passwords are treated as Confidential Information and are changed on a frequent basis; (c) comply with the security provisions and standards set out in Part A-I of Schedule "A":and (d) comply with such,security requirements as are from time to time specified by MTO 7.2 Security Products. The Requester shall be responsible for the selection,implementation and maintenance of appropriate security products, tools and procedures sufficient to meet MTO's requirements for protecting the Confidential Information from improper access,loss,alteration or destruction.The Requester shall be responsible for establishing, monitoring and testing the Requester's own security products,tools and procedures to ensure their adequacy. 7.3 Password Protection. (a) Deemed to be Confidential Information. Any Passwords shall be deemed to be "Confidential Information"for the purposes of this Agreement. (h) No Disclosure to"Third Parties.For the avoidance of doubt,the Requester shall not disclose any Passwords to,or permit any access to,or use of any Passwords by any third party, provided that nothing in this section shall prevent the Requester from disclosing Passwords to its Authorized Staff who: need to know such Passwords in order for the Requester to obtain and use the licensed Information for Authorized lise(s),and (ii) are authorized to access to such Passwords strictly in accordance with Article 8. 7.4 Restricted Access. The Requester shall at all times restrict access to the Confidential Information solely to Authorized Staff. in accordance with the requirements set out in this Agreement. The Requester shall he responsible to fvffO for any unauthorized access to Confidential luforruation resulting lrotn the Requester's failure to meet the Requester's obligations in this Agreement(including this section). -8- 7.5 No Exposure. Subject to the Authorized (sets)set out in Part A-1 of Schedule''A'' arid without limiting the generality of the restrictions or obligations placed upon the Requester in Articles 4,5,6 and 7,no Confidential Information shall be exposed or placed so that it can he viewed by the public andror any non-authorized persons. 7.6 Destruction of Confidential Information. (a) Subject to sections 7.6(b)and 7.6(c)and 7.6(d),the Requester shall destroy all copies of Confidential Information in its possession or control,upon or before the earlier of: the expiration or termination of this Agreement for any reason; (ii) thirty (30) days fuflowing completion or fidfilment of the applicable Authorized llse(s)as set out in Part A-I of Schedule"A";or tin the third Business Day after the date of suspension,cancellation or voluntary cancellation of any or all of the Requester's accounts with ALTO or any or all of the Requester's rights or privileges under tins Agreement. (6) Despite section 7.6(a).it this Agreement expires and no Isentof Default has occurred and then remains outstanding, the Requester shall not he required to destroy the Confidential information and records referred to in that section for so tong as there remains in hull force and effect a separate written agreement entered into by the Requester with hITO under which the Requester is authorized to possess and use that Confidential Information and those records for the purposes for which they are then being possessed and used by the Requester. (c) Despite section 7.6(a).the Requester shall not be required to destroy the Confidential Information and records referred to in that section to the extent(if any)that: the Confidential Information was also separately obtained by the Requester from a third party that was not at that time under any obligation to keep such Confidential Information confidential;or (ii) the Confidential Information pertains to an individual who has consented to having the Requester keep that Confidential Information(provided that such consent is given in accordance with(and in any manner or form required by) applicable law).or (iii) the Requester is required by applicable law to retain for any period of time any of the Confidential Information. The Requester shall be permitted to retain such of that Confidential Information or those records,in such form and for such period of time,as is so required by applicable law,subject to the Requester's confidentiality,non-disclosure and security obligations in this Agreement(including all of the Requester's obligations in Articles 4,5,6 and 7.). (d) For the avoidance of doubt, nothing in this section 7.6 shall limit or release the Requester from the security, confidentiality and non-disclosure provisions of this Agreement, which provisions shall survive any termination or expiration of this Agreement and shall remain in hill force and effect until such time as they are satisfied or by their nature expire 7.7 Retention of Licensed Information Within Canada. Subject to section 7.8.the Requester shall ensure that: (a) no Licensed Information Requests will be made,and (h) no Licensed Information Responses or Licensed Information will be received, transmitted,stored or retained by the Requester or in behalf of the Requester outside Canada for any tine period,no matter how short. -9- 7.8 Licensed Information That Does Not Contain Residential Addresses. Notwithstanding section 7.7,the Requester may (a) make Licensed Information Requests that do not contain any residential addresses from premises of the Requester within the United States;and/or b) receive, store or retain Licensed Information Responses that do not contain any residential addresses or Licensed Information that does not contain any residential addresses at premises of the Requester within the United States. For the avoidance of doubt, nothing in this section 7.8 shall limit the application of the Requester's security and confidentiality obligations under this Agreement. 7.9 Authorized Premises. Efials The Requester shall ensure that Licensed Information Responses are received,stored and retained only in the Authorized Premises and that all of the security and confidentiality obligations of this Article 7 are met in all Authorized Premises. 7.10 Authorized Premises Listed in Part A-2 of Schedule"A". The Requester covenants and warrants that all Authorized Premises as of the Effective Date have been listed in Part A-2 of Schedule"A".The Requester shall,within ten(10)days of any change in the list of Authorized('remises,advise MTO of such change in writing or other format acceptable to MTO. ARTICLE 8 AUTHORIZED STAFF 8.1 Listed in Part A-2 of Schedule"A". The Requester covenants and warrants that all Authorized Staff as of the date of this Agreement have been listed in Part A-2 of Schedule"A".The Requester shall,within ten(10)days of any change in the list of Authorized Staff,advise MTO of such change in writing or other format acceptable to MTO. Notwithstanding any other provision of this Agreement,MTO reserves the right in its absolute discretion: (a) to reject any employee or contractor of the Requester as an Authorized Staff member; and lb 1 to prohibit an Authorized Staff member from accessing any Licensed Information. 8.2 Employee Training,Security Statements and Contractor Security Agreements. The Requester shall require all Authorized Staff: (a) when and as required by SITO,to take such training in the handling and protection of the Licensed Information as is made available to the Requester by MIL); (h) who are Requester employees,to enter into and comply with the l'mployee Security Statement;and (c) who are individual third party contractors engaged by the Requester,to enter into and comply with a Contractor Security Agreement. 8.3 Authorized Staff Compliance. The Requester shall be solely responsible for ensuring that its Authorized Staff fully comply with the Requester's confidentiality and security obligations contained in this Agreement.Without limiting the generality of the foregoing,or of section 8.2,the Requester shall he solely responsible for ensuring full compliance with the Employee Security Statement and Contractor Security Agreement by Authorized Staff."Che Requester shall indemnify and hold harmless SITU from and against any Damages that occur as a result of any non-compliance with the Employee Security Statement or Contractor Security Agreement by such Authorized Stall. - lo- 11.4 Retention of Original Copies. the Requester shall retain an original cops uteach Employee Security Statement and Contractor Security .agreement from the time it is executed until at least three(3)years atter the date the Authorized Staff who signed that Employee Security Statement or the Contractor Security Agreement(as the case may be)ceases to he an employee or contractor of the Requester.Upon 4f hl)'s request from time to time,the Requester shall pros ide Nilo with copies Mall executed Employee Security Statements and Contractor Security Agreements. ARTICLE 9 AUuif AND ANNLAI.DECLARATIONS • 9.1 Audit of Requester. • The Requester shall accommodate Audits of the Requester in accordance with the pros isions of Schedule "D". iur the avoidance of doubt, this section 9.1 and Schedule "I)" shall sursne the expiry or termination of this:Agreement for any reason. 9.2 Annual Declaration. Prior to the expiry of each current Term, the Requester shall complete, sign mud submit to Ni a declaration(the"Declaration") relating to the Requester's compliance with the obligations under this Agreement during the previous twelve(12)months.The Declaration shall be in such form as may be specified by DITO from time to time.and shall be executed by such officer of the Requester,or other responsible person,as may he specified by MTO in the form of the Declaration. ARTICLE 10 INFORMATION TRANSMISSION 111.1 "As Requested"Basis. Licensed Lntortnation shall be provided by NITO to the Requester through the Delivery Channels and on an "as requested" basis in response to Licensed Information Requests,all in accordance with the procedures specified by MTO from time to time. The Requester acknowledges that, owing to the complexity and diversity of technologies utilized in the provision of Licensed hitihrmation Responses, Aiit)does not guarantee that it will transmit or deliver Licensed Inlorntation within a stipulated time atter receipt of the applicable Licensed Information Request. 111.2 Incomplete,Inaccurate or Corrupted Documents. a) If MTO reasonably suspects that a Licensed information Request received from the Requester was incompletely or inaccurately transmitted,or corrupted in transmission, or not intended for NM'I3),MTO shall so notify the Requester.MTO shall not respond to such Licensed Information Request until MTO has received confirmation from the Requester of the validity and completeness of the Licensed Information Request. (b) If the Requester reasonably suspects that a Licensed Information Response received from MTU was incompletely or inaccurately transmitted,or corrupted in transmission, or not intended for the Requester.the Requester shall so notify MTO.The Requester shall not rely' upon any information until the Requester has received confirmation from MTO of the validity and completeness of the licensed Information Response. If requested by MTO.the Requester shall return or destroy an invalid or incomplete h.icensed Information Response. 10.3 Deemed Authorization. lite Requester shall establish reasonable and appropriate systems. methods and procedures to control the transmission or delivery of Licensed Information Requests and the receipt of licensed information Responses.Subject to section 111.2,each Licensed Information Request sent by the Requester to MTO under this Agreement shall he deemed to have been duly authorized by the Requester and shall he binding - II- upon the Requester.unless the Requester otherwise notifies bllO before NATO responds to or makes any use of that Licensed Information Request. ARTICLE ll APPLICATION INFORMATION 11.1 Warranty. The Requester represents and warrants that all information contained in the Application is true,correct and complete as of the date of the Application. 11.2 Updates. la) Within ten (10) Business Days after the occurrence of any change in any of the iutorntation contained in the Application,or any change to any of the information previously provided pursuant to this section 11.2(a),the Requester shall notify MVO (in writing or other format acceptable to MTO)of such change. lb) Prior to the expiry of any of the Supporting Documents,and no later than ten(10)days after the date of an amendment to any oldie Supporting Documents,the Requester shall provide Nil with a copy of the replacement Supporting Document,or oldie amended Supporting Document,as the case may be. Upon the request of NITO,the Requester shall provide NT!0 .with an original or certified copy of any Supporting Document MTO reserves the right,upon notice to the Requester,to add additional documents to the list of Supporting Documents contained in Part A-1 of Schedule"A". ARTICLE 12 REVIEW AND RE-VERIFICAT1ON t titats 12.1 Review and Re-Verification Annually and as Required by MTO. At least thirty(30)days prior to the expiry of each current Term,and at such other times during each Terns as may be required by SITU,the Requester will review and re-verify(in writing or other format acceptable to MT0)the information contained in the Application,as such information ntay subsequently have been changed in accordance with section 11.2(a). ARTICLE 13 AUTHORIZED REQUESTER INFORMATION SYSTEM 13.1 Electronic Requests. If the internet has been included as a Delivery Channel in Part A-I of Schedule"A",MTO will accept Licensed Information Requests from the Requester,and will provide Licensed Information Responses in accordance with specifications set out in Part A-1 of Schedule"A"utilizing ARIS. 13.2 Password Assignment. (a) The Requester shall,(in writing or other format acceptable to M.1O),advise MTO of those members of the Authorized Staff whom the Requester wishes to have access to ARIS. (h) MTO,at its discretion,shall assign user identification and passwords to members of the Authorized Staff in accordance with security policies and procedures of MTO. Notwithstanding the foregoing,MTO reserves the right not to issue user identification or a password to any individual or individuals regardless of their designation as Authorized Staff. (c) .fhe Requester shall ensure that only Authorized Staff who log onto ARIS using the user identification and password assigned to them by MTO(as such password may be changed from time to time)can gain access to the Passwords or make licensed Information Requests or receive Licensed Information Responses through ARIS. - 1_2- 13.3 Requester Equipment. In order to access licensed Information utilizing ARTS,the Requester shall obtain,install and test,at the Requester's own expense,the following computer equipment,software and services,with the following minimum specifications: • Pentium computer or higher; • Internet Explorer,Netscape or higher;and • Internet service. The Requester acknowledges and agrees that N1Tt)shall have no responsibility for providing technical support.or maintenance,for any oldie Requester's own systems required to access AR1S. ARTICLE 14 FEES 14.1 Fee Schedule. The Requester shall pay the Fees set out in the attached Schedule "C". for obtaining Licensed Information from MTO O under this:Agreement. 14.2 Pre-paid Account. The provisions of this section 14.2 shall be applicable if the Requester has indicated in Part A-1 of Schedule"A" that the Requester wishes to establish a pre-paid account(a"Pre-paid Account")from which MTO may debit all amounts owing from time to time under this Agreement.or it the Requester is authorized under Part A-I of Schedule"A" to obtain Licensed Information over the telephone or through the Internet utilizing AR IS. (a) The Requester shall complete and sign such document(s)as may be required to allow MTO to debit the Pre-paid Account. Ib) The Requester acknowledges and agrees that MTO may only process a Licensed Information Request where the amount remaining in the Pre-paid Account at the time of the Licensed Information Request is sufficient to cover all of the Fees payable for such Licensed Intbrmation Request. (c) The parties acknowledge and agree that the monies in the Pre-paid Account from time to time will not be designated,earmarked or credited in favour of any Licensed Information Request.Accordingly.at the time NITO receives a licensed Information Request,so long as the balance in the Pre-paid Account is sufficient to cover the Fees payable for that Licensed Information Request,\ITO may debit the Pre-paid Account by the amount of those Fees. (d) Upon the expiration or termination of this Agreement for any reason, MTO shall release to the Requester any balance remaining in the Pre-paid Account after debiting from the Pre-paid Account all Fees and other amounts owed by the Requester to NITO under this Agreement. 14.3 Remittance of Fees. (a) The Requester shall remit all Fee payments under section 14.1 to MTO at the following address: Ministry of Transportation,Inforruation Management Services Oversight Office, Data Access Unit. 2680 Keele Street. Downsview,Ontario,N13NI 3E.6. (hi Fee payments shall include agreement/account numbers,and may be made by cheque, credit card,money order or cash. - 13- ARTICLE 15 INDEMNITY AND LIMITATION OF LIABILITY 15.1 Indemnity. (a) The Requester agrees to defend. indemnify and hold harmless the Government of Ontario and its officers,employees,agents or contractors.from and against any and all Claims and Damages that may occur,by reason of: (i) any breach or deemed breach of tins Agreement by the Requester,or (ii) any non-compliance with Employee Security Statements or Contractor Security Agreements by any of the Authorized Staff:or ) any negligent,improper,or unauthorized use or dissemination of Confidential Information by the Requester or by the directors, officers, partners. employees, contractors (including Authorized Staff) or agents of the Requester:or (isI inaccurate or out-of-date information contained in Licensed Information furnished to the Requester by MM. 15.2 Limitation of Liability. a) The (lin eminent of Ontario makes no Warranties with respect to the Licensed Information. including any Warranties that any Licensed Intormation (or any information contained in the Licensed Information) will be accurate, complete or up-to-date,or free of errors or omissions. in whole or in part,or that any Licensed Information will be fit for any purpose. (b) THE CiOVI'.RNM[N.I' OF ONTARIO SHALL IIAVE NO LIABILITY OF ANY KIND TO '1111 REQUESTER UNDER ANY LEGAL. THEORY (INCLLDING NEGLIGENCE. PRODUCT LIABILITY, OR BREACH OF CONTRACT WIII.TIIFR OR NOT A FUNDAMENTAL BREACH OR BREACH OF A ELNDAMFNIAl TERM). THIS LIMITATION OF LIABILITY IS INIE:NDED TO BE,ANI)WILL BE CONSIDERED TO BE, EXIIAUSTIVE IN SCOPE.AND THE REQUESTER ACKNOWLEDGES TI IA TATS IS THE ONLY BASIS ON 'A 111(11 MTY)I IAS APPROVED THE,APPLICATION AND AUTHORIZED MT() TO EN'ITR INTO IMS AGREEMENT WITH HIE REQUESTER. c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT Wll.l.THE GOVERNMENT 01'ONTARIO BE LIABLE FOR ANY INDIRE("I, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES, INCLUDING LOST PROFITS, EVEN IN' THE GOVERNMENT OF ONTARIO HAS KNOWLEDGE OF THE POT'EN'TIAL DANIAG(m.S OR LOSSES. (d) In no eeent will the Government of Ontario be liable for any Damages or Claims, including any Claims for loss of profits or other incidental or consequential damages. arising out of the Requester's use of. or inability to use or access. any Licensed Information.or delays by MTO.or from failure to supply Licensed Information,or from inaccurate. incomplete or out-of-date information contained in any Licensed Information. (e) The Requester releases' and forever discharges the Government of Ontario (mrd the Government of Ontario's officers,employees,agents and contractors) from any Claims relating to any Warranties contemplated in section 15.2(a),from any liability contemplated in sections 15.2(b) and 15.2(c) and from any Damages or Claims contemplated in section 15.2(d). 15.3 Survival. I he provisions ofthis Article I5 shall survive the expiry or termination of this.'Agreement for any reason. _ 14_ ARTICLE 16 DEFAULT AND REMEDIES 16.1 Events of Default. "Events of Default"shall include any one or inure ot the following: (a) the Requester becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; (h) it the Requester is a corporation,an order is made or resolution passed 10r the winding up ottlte Requester,or the Requester is dissolved; (c) the Requester ceases to carry on business in the normal course:. (d) the Requester has submitted Use or misleading information to NIT0(including false or misleading intimnation in the Application)or makes a false representation in this Agreement or the Application: (e) the Requester has failed to update the information contained in the Application or has failed to review and re-verify such information in accordance with section 12.1; (Ii there is a material degradation in the security measures(including security products, tools or procedures)that the Requester has in place to protect the Licensed Information from improper access,loss,alteration or destruction; (g) the Requester commits a Privacy Default and such Privacy Default is not curable or such Privacy Detbull is curable but the Requester fails to cure it as expeditiously as possible and in any event within twenty lour(241 hours of receiving notice of such Privacy Default from(VITO; (h) the Requester fails to make any payment as required under this Agreement, or if payment is in the form of a cheque or other negotiable instrument,such payment is rejected for not sufficient funds; the Requester fails to meet any other terns or condition of this Agreement(excluding any other default expressly referred to in this section 16.1)and such default is not curable or such default is curable but the Requester fails to cure it within ten(10)days of receiving notice of such default from MTO:or the Requester is,or is deemed to he,in default strider any other agreement(s)with hill) relating to access or use of any Confidential Information. 16.2 Remedies. (a) I:pon the occurrence of un Event of Default, Aft ) shall have the right. effective immediately without notice,to: (i) terminate this Agreement (0) suspend or cancel any or all of the Requester's accounts with MTs); (iii) suspend or cancel any or all of the rights or privileges of the Requester under this Agreement;and,or (iv) suspend or cancel any or all ofthe Passwords issued by M"[Y)to the Requester. Ib) M'CO may also pursue any appropriate administrative,civil and/or criminal remedies for default of any of the provisions of this Agreement. 16.3 Notification of Default. The Requester shall notify WO in writing immediately upon becoming aware that an Event id Default has occurred,or that any other provisions of this Agreement have been breached. - 15.. ARTICLE 17 AMENDMENTS TO THE AGREEMENT 17.1 Amendments. (he Requester acknowledges and agrees that iNIlO shall have the right unilaterally to amend this Agreement from tune to time including.without limitation,any of the Fees.set out in Schedule"C". Such amendments shall become effective ten(10)days atter the Requester's receipt of written notice of such amendments(or at any later time specified in such notice). 17.2 Termination. If the Requester receives a notice of any amendments under section 17.1.the Requester shall have the right to terminate this Agreement effective upon written notice to NITO ARTICLE 18 PROMOTIONAL,MATERIAL. 18.1 Accuracy. Any promotional or informational material disseminated by the Requester in connection with the Licensed Information or access to the Licensed Information shall be accurate and shall be consistent with the terns and pros stuns of this Agreement,and shall contain only factual statements relating to the Licensed Information and the purpose and conditions of access as set forth in this Agreement. For the avoidance of doubt,nothing in this section 18.1 shall be deemed to limit or release the Requester from any of the confidentiality,security or privacy provisions of this Agreement. 18.2 M1'()Trade-Marks and Logo. Neither N1TO's name nor any MTO trade-stark or logo may he used by the Requester without the prior written consent of NATO ARTICLE 19 GENERAL,PROVISIONS 19.1 Force Majeure. Neither party shall he liable for delay or failure in pet-fin-mance resulting front acts beyond the control of that party. including acts of God, acts of war, fires, floods or other disasters, strikes, walkouts. lockouts, communication line or power failure, or failure. inoperability or destruction of computer hardware,software or firmware(unless caused by the negligence of that party),or any negligence,wilful misconduct or breach of this Agreement by the other party. 19.2 Non-Assignability. the Requester may not assign or transfer this Agreement.or any right under Otis Agreement,either in whole or in part. Subject to this restriction,this Agreement shall enure to the benefit of,and bind.the parties and their respective successors and assigns. 19.3 Notices. (a) Any notification or other communication to be given under the provisions of this Agreement shall he in writing and shall he given by personal delivery,or sent by electronic facsimile,or mailed by a prepaid registered mail or delivered by courier service.Subject to change by either party with written notice in accordance with this section 19.3.notices shall be addressed in accordance with the addresses set out in Part 1-2 of Schedule"A". b) Notices shall be deemed to have been effectively given on the date of personal delivery, the date of electronic facsimile transmission or the date of delivery by courier service, or in the case of service by registered mail live(5)days alter the date of nailing. - 16- 19.4 Waiver. failure of MTO to complain of any act or failure to act of the Requester.or to declare the Requester in default,shall not constitute a waiver by MTO of its rights under this Agreement.No waiver of any rights under this Agreement shall he effective unless in writing,duly executed by\l IA). 19.5 Entire Agreement. I Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes all prior understandings, discussions, negotiations. commitments,Warranties and agreements,written or oral,express or implied.between then[.Except as expressly provided in this Agreement and subject to section I7.I,this Agreement may be amended or modified only by an instrument in writing executed by each of die parties. 19.6 Survival of Provisions. Obligations under this Agreement which expressly or by their nature sun ive the termination or expiry of the Term will continue in force subsequent to,and in spite of,such termination or expiry until they are sanstied or by their nature expire. 19.7 Governing Law. This Agreement shall be deemed to have been formed in the Province of'Ontario and shall be governed by the laws in force in Ontario(and the laws of Canada applicable in Ontario).Each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising under,or related to,this Agreement. 19.8 French Language(lause(Quebec). The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto,including notices,have been and shall be drawn up its the English language only.Les parties aux presentes confirment Lem volonte clue cette convention de creme que tous let documents,y compris toes avis,s'y rattachant,soient rediges en Iangue anglaise seulement. 19.9 Interpretation. (a) I leadiugs arc not to be considered part of this Agreement,and are included solely fin- convenience and are not intended to he full or accurate descriptions of the content of the paragraph. hi In this Agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders;words importing persons include individuals.sole proprietors,corporations, partnerships,trust and unincorporated associations. tit) Unless specified otherwise in this Agreement,a reference in tins Agreement to a statute refers to that statute as in force at the Effective Date and as the same may be'amended. re-enacted.consolidated and;or replaced from time to time,and any successor statute. A reference to a statute shall he deemed to include any regulations made under that statute. (d) For purposes of this Agreement,unless otherwise provided in this Agreement,a period of days or Business Days shall be deemed to: begin on the first day after the event that began that period,and Iii) end at 5:00 p.m.(Eastern Standard lime or Eastern Daylight Savings Time. as the case may be)on the last day or Business Day.as the case may be,of that period. fe) In this:Agreement the words"include" "includes" or"including" mean "include without limitation" "includes without limitation"and"including without limitation'', respectively,and the words following"include","includes"or"including"shall not be considered to set forth an exhaustive list. _17_ IN WITNESS WHEREOF,each of the parties have executed and delivered this Agreement as of the date first above written. TIER MAJESTY THE QUEEN in right of Ontario,as represented by the Minister of Transportation Por Paul Brown,Director,Licensing Services Branch By: Patty Watters Manager, Infurmation Management Services Oversight Office Date REQUESTER: By: Print Name: Title• Date I have the authority to bind the organization. SCHEDULE "A" sPEciFicATloNS Part A-I A. Licensed Information: I'I.1D('A93)9('ertilied Plate by Date with Address PIA-004 - Plate VIN by Date Abstract with Address DRAABS- 3 Year Driver Record with Address I'LT006 - Plate Ii story with Address IISVLII - Plate VIN RIN Search I)SNCV999 Certified Driver Status by Date with Address SVEI1004- VIN I((story with Address(Regulated) I'ISDI0V' - Diner License Search B. Authorized Use(s): ALf05 - Litigation/legal proceedings, including locating individuals for: service of process,affidav its.statements of claim,and inclusion of other court documents which themselves may become public records; or providing information of evidentiary salute which may be used in an investigation by the Requester or licensed private investigator retained by the Requester that could lead to legal proceedings. Notwithstanding the provisions ut section 7.6 of the Agreement, Licensed Information contained in a solicitor's file in accordance with the Authorized lase set out herein,may remain in such file in accordance with the file retention schedule as determined by the Law Society of Upper Canada,subject to any transfer of such file to another solicitor nix purposes consistent with the authorized use herein. Al 15 - Government use for program delivery where authorized by statute. Enforcement of the Property Standards Bylaw 2015-101;Park Protection Bylaw 71-57. as amended; Idling Bylaw 98-217, as amended; Nlaintaining of Land in ('lean and Clear Condition Bylaw 2007-41; Soliciting Bylaw 77-169; The following zoning Bylaws 479-200, 1970-69 and 1966-395, to enforce bylaw infractions relating to parking of vehicles on grass.boats and trailers in driveway: where a vehicle is used in the commission of the offence and excluding parking offences under the Provincial Offences Act Part It. C. Delivery Channels: Ta) for Licensed Information Requests:Internet, Telephone (b) I"or Licensed Information Responses:Internet,Telephone D. List of Supporting Documents: Security Statement.9999-I22-3I Reference to Legislation:By-Laws,9999-I'_31 Authorized Application Signor Data&Signature,9999-12-31 13. Prepaid Account: Yes ( No (x ) Security Provisions and Standards: Security Provisions: Building is secured with employee access cards.Computer terminals are protected by employee passwords.I)ata base where information can be retrieved is protected by password.Information is provided to Municipal Law Enforcement Officers of the Corporation of the('ity of Niagara Falls who maintain their own tiles and records in their secured area. Part A-2 A. Addresses for Notice. (a) For.MfO Inturntation Management Services Oversight Office Main Floor,Building"A" 26811 Keele Street Downsview ONTARIO 513N1 3E6 Attention.Coordinator,Business Information Services llnit Telephone:(416)246-7112 Facsimile:(416)235-4465 iF) For the Requester 1'IIF CORPORATION OF THE CITY OF NIAGARA FALLS Physical Address: 4310 Queen Street Niagara Falls,ONTARIO L2F.6X5 CANADA Mailing Address: 43111 Queen Street Niagara Falls,ONTARIO L2E 6X5 CANADA Attention:Mr.Paul Brown,Manager for Parking Operations Telephone:(905)356-7521 Facsimile:(905)356-7521 B. List of Authorized Staff: Mr.Ken Beaman,City.Solicitor Mr.Tim Burshtein,First Attendance&Permit Clerk Mr.Paul Brown.Manager for Parking Operations Mr.Dean lortida,('itv Clerk Nis.Anna Morocco.Parking Coordinator C. List of Authorized Premises: Account: 10168-00 l Account Contact: Brown,Paul(Mr.) Physical Address: 43111 Queen ST Niagara Falls,ONTARIO 1?F 6X5 CANADA ;Account: 10168-1102 Account Contact Beaman,Ken(Mr.) Physical Address: 43111 Queen St Niagara Falls.ONTARIO 1.2E 6X5 CANADA SCHEDULE 'B" REQEESI'I R EMPLOYEE SECURITY STA LENIENT 10168 Employee Name: Division: Position 5: THE CORPORATION OF'II IE LILA'OF NIAGARA FAILS(tire"Requester")is licensed to receive confidential and personal information (the "Information") from tiles and data bases administered by the Ontario Ministry of Transportation("MTO").MTO is committed to protecting this Information from unauthorized access.use or disclosure. The following policies have been adopted to address employees'responsibilities fir handling and protecting this Information. _. As an employee of the Requester,you may access this Inlurn.ation only when necessary to perform your duties as such employee in the course of your employment,and only for the following purposes'. AUO5 - Litigatiouilegal proceedings, including locating individuals for: service of process,affidavits,statements of claim.and inclusion of other court documents which themselves may become public records; or providing information of evidentiary value which may' be used in an investigation by the Requester or licensed private investigator retained by the Requester that could lead to legal proceedings. Notwithstanding the provisions of section 71 of the Agreement, Licensed Information contained in a solicitor's tile in accordance with the Authorized Use set out herein,may remain in such tile in accordance with the file retention schedule as determined by the Law Society of Upper Canada,subject to any transfer of such file to another solicitor for purposes consistent with the authorized use herein. .AUIf - Government use for program delivery where authorized by statute. Enforcement of the Property Standards Bylavt 2013-I01;Park Protection Bylaw 71-37, as amended; Idling Bylaw 98-217, as amended; Maintaining of Land in Clean and Clear Condition Bylaw 2007-41; Soliciting Bylaw 7''-169; The billowing zoning Bylaws t)79-200, 1970-69 and 1966-395, to enforce bylaw infractions relating to parking of vehicles on grass,boats and trailers in dris essay; Where a vehicle is used in the commission of the offence and excluding parking offences under the Provincial Offences Act Part B. 1. You must not access or use this Information for personal reasons.(Examples of inappropriate access or misuse of Information include, but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives;accessing Information about another person,including locating their residence address,for any reason not related to your work responsibilities or not authorized by the Requester.) 4. You may disclose Infirrmatioo only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include but are not limited to:looking up someone's address for a friend.) �. You must take reasonable precautions to maintain the secrecy of any password you use to access Intbrnration electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing thein to observe while you cutter it at a terminal;and frequently changing your password(and,if you suspect your password has been used by someone else.changing it immediately and totitying the Requester);and selecting random passwords that are not easy for others to guess. 6. You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include,but are not limited to:mit leaving your terminal unattended while you are logged onto the system;exiting the database which contains any Information when you leave your workstation;securing your terminal with a locking device if one has been provided; storing in a secure place any user documentation to programs through which electronic access to any Information may be gained;and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Requester. I have read and I understand the security policies stated above,and will comply with them and any other security policies issued in the future by the Requester,M'f0.I understand that Failure to comply with these policies may result in disciplinary action by the Requester and/or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed liv bate � ) ; Cl \ • \ _ • x ; \ \ c , cr• 0 \ 0 1 \ jy EJ } \ \ 0 SCHEDULE "D" AUDIT,INSPECTION AND REVIEW L Right of Audit. MTO shall each have the right. tient time to time, to Audit such of the Requester's businesses and operations as relate to or are involved in the performance of the Requester's obligations under this Agreement,including: (a) the Requester's security arrangements (including the Security Statements and Contractor Security Agreements),and the Requester's books and records;and (h) any media or. or in the possession ol, the Requester that contain any Confidential Information. 2. Timing of Audits. The Audits contemplated in section 1 may be conducted at any time during the Requester's normal business hours upon 24 hours'prior written notice(or,in the case of Audits relating to possible Privacy Defaults,without prior notice). 3. Authorized MT()Representatives. MTO shall have the right to engage third party representatives to perform Audits contemplated in section I. 4. Privacy Compliance. (a) Privacy-related Audits.Without limiting the generality of section I,NTIO shall have the right to conduct the Audits contemplated in section 1,to measure the Requester's compliance with:(A)the Privacy Laws;(13)the provisions of this Agreement relating to the Requester's compliance with the Privacy Laws;(C)the provisions of Articles 4 to 8 inclusive;or(DI any other provisions of this Agreement that relate to Personal lntbrmation or the Processing of Personal Information. (hi Privacy Compliance Meetings.In addition to performing the Audits contemplated in section 4(a), Ml'O may require the Requester to meet with M1Y)to review the results of such Audits as they relate to the matters referred to in section 4(a). Such meetings shall he held at such times and places as MTO may mutually agree upon with the Requester from time to time,acting reasonably.I lowever,if as a result of any such Audit MTO has reason to believe that the Requester has committed a Privacy Default.. MTO may require such meeting to be held within one(I) Business Day of iti1TO's notifying the Requester in writing that MTO wishes to hold such meeting. 5. Performance Reviews. al Audits Relating to Overall Performance.Without limiting the generality of section 1. AIM shall hate the right to conduct the Audits contemplated in section 1. to measure the Requester's overall performance of its obligations under this Agreement. II)) Meetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5(a).MTO may require the Requester to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 5(a).Such meetings shall be held at such times and places as MTO(as the case may he)may mutually agree upon with the Requester from time to time acting reasonably'. 6. Location and Manner of Audits. The Audits contemplated in section I may be conducted on-site at the location(s) of any of the Requester's Authorized Premises,including the location(s)of auy of the following: (a) the Security Statements or Contractor Security Agreements,or the Requester's books and records:or Ihl any' media of, or in the possession of.the Requester that contain any Confidential Information. Such Audits may he conducted in whole or in part by remote electronic means lithe Requester's electronic systems have the functional capability of facilitating such remote Audits. 7. Requester('o-operation. The Requester shall fully co-operate with iVITO in facilitating the conduct of any Audits contemplated in section I,including providing such access,documentation,information,copies of documentation and inforntauion,and assistance as MTO may reasonably request for the purpose of such Audits. 8. Duration of Audit Rights. y1TO's Audit rights as contemplated in section 1 shall be in force from the Effective Date to the date which is three(3)years after the expiration or termination of the Agreement. 9. Correction of Defaults. Without limiting or restricting any other obligations of the Requester,or rights or remedies of NII D, under this Agreement or at Law or in equity. a) the Requester shall. at its sole cost, correct any breaches by the Requester of this Agreement (including any Privacy Defaults) identified through an Audit (and in respect of which MTO has provided written notification to the Requester). Such corrections shall be done as expeditiously as reasonably possible and in any event within the applicable cure period(if any)provided in section 16.1 of the Agreement. (h) the Requester shall notify WO in writing upon such breaches having being corrected. (c) After receiving such notification font the Requester,NI'l'O may conduct a follow up Audit to confirm that all such breaches have been corrected. (d) If requested by MTO in the notification referred to in section 9(a): (i) the Requester shall provide to biTO, within ten (10) days of receiving the notification referred to in section 9 (a) (or within five (5) days of receiving such notification,where such breaches constitute Privacy Defaults), a reasonable written plan outlining the steps the Requester will take to ensure that such breaches do not occur again:and (ii) the Requester shall implement the plan provided under section 9(d)(i). 10. Costs of Audit. (a) All costs incurred by the Requester in connection with the Audits contemplated in section I shall remain solely the responsibility of the Requester. (h) Except as provided in section 10(c),all costs incurred by MTO in connection with the Audits contemplated in section 1 shall remain solely the responsibility of\ITO. (c) Despite section 10(b),if any Audit contemplated in section I discloses a material uncured default by the Requester under this Agreement, then the Requester shall reimburse NITO for MTO's reasonable and verifiable costs of conducting such Audit. Ii. Without Prejudice. For the avoidance of doubt,nothing m this Schedule"I)"shall he deemed to limit or prejudice the rights of WO or the obligations of the Requester under any other provision of this Agreement or at lass or in equity. CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement between the Corporation of the City of Niagara Falls and the Niagara College Administrative Council Inc. respecting the provision of transit services, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto. 4. By-laws 2014-107, 2014-121, 2015-17 and 2015-32 are hereby repealed. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. THIS AGREEMENT made as of the 23rd day of August, 2016. BETWEEN: NIAGARA COLLEGE STUDENT ADMINISTRATIVE COUNCIL INCORPORATED Hereinafter referred to as "NCSAC" - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" WHEREAS NCSAC and the City have discussed the implementation of the Universal Transit Pass ("U Pass"), for full time students registered in the fall and winter semesters of Niagara College ("Eligible Students''), with the exception of those students programs not required to pay the Student Activity Fee: AND WHEREAS a U Pass consists of a valid Niagara College Student Identification Card fitted with a sticker equipped with a chip; AND WHEREAS pursuant to this Agreement, a person producing a valid Niagara College Student Identification Card will be able to board and ride the dedicated buses operated by the City of Niagara Falls Transit System, travelling from within the City of Niagara Falls to the campuses of Niagara College; AND WHEREAS pursuant to this Agreement, persons producing a valid Niagara College Student Identification Card equipped with a U Pass will be able to board and ride on the buses of the City of Niagara Falls Transit System and the Red Line of the \IVEGO System, in addition to being able to board and ride the dedicated buses operated by the City of Niagara Falls Transit System, travelling from within the City of Niagara Falls to the Welland campus of Niagara College; AND WHEREAS approval was obtained for this Agreement (the "Agreement") by Council for the City on August 23, 2016; AND WHEREAS approval for this proposal was obtained through a vote in a referendum amongst the full time student membership of NCSAC; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of ONE DOLLAR ($1.00) paid by each of the parties to the other, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 3 current hourly rate of One Hundred 50/100 Dollars ($100.50), with a minimum of two hours, and based on bus and personnel availability. 3. Fuel Surcharge 3.1 In addition to the charges calculated in accordance with Article 2 above; in the event that the cost of diesel fuel increases during the School Year, such that it exceeds the base rate, NCSAC hereby agrees to pay a fuel surcharge, to be known as the "Fuel Surcharge Fee" and calculated as follows: a. On or before the 23rd day of August, 2016, the parties shall agree on a price/litre for diesel fuel, which shall be known as the "Base Rate". The Base Rate will be calculated based on the average price of diesel fuel/litre, plus ten percent (10%); b. At the end of the School Year, the City shall calculate the average diesel fuel price/litre by dividing the total of the monthly average diesel fuel price/litre by eight (8), which shall be known as the `Average Rate"; and c. The Base Rate shall then be subtracted from the Average Rate and multiplied by the number of litres of diesel fuel consumed during the School Year. Example: Approximate total litres of diesel fuel used during School Year 20,000 Average Rate for the School Year $1.36/litre Base Rate $1.32/litre 20,000 x ($1 .36 - $1 .32) = $800 (Fuel Surcharge Fee) 3.2 The parties further agree that the Fuel Surcharge Fee, if applicable, shall be paid to the City, in full, by the 31st day of May, 2017. 4. The U Pass 4.1 Eligible Students who display their valid Niagara College Student Identification card that is fitted with a U Pass are entitled to unlimited use of regularly scheduled Niagara Falls Transit System buses and the regularly scheduled Red Line WEGO buses. The City will accept Niagara College Photo Identification Cards without a 'U Pass' sticker for a `grace period', which will be end of service on September 17, 2016 (fall semester) and January 14th, 2017 (winter semester). 4.2 The `U Pass is not assignable. Any student found to have breached the conditions of use of the U Pass will have the privilege revoked, without rebate. 4.3 The City reserves the right to check the validity of a U Pass with respect to the identity of the user of the pass, the validity of the pass, and to further deny use of the pass, for cause, as stated in the general policies of the City. U Passes that 5 9. Service Schedule 9.1 Only one bus shall be provided unless other Agreements have been reached. • 9.2 Schedule "A" shall be provided Monday to Friday during the dates indicated. 9.3 This Agreement does not include service from May 1 to August 31. 9.4 No service shall be provided to the campuses on statutory holidays. 9.5 The service schedule, Schedule "A", shall be provided by the City for the September, 2016, through April, 2017, School Year. NCSAC and the City shall make good faith efforts to discuss any potential scheduling changes within the School Year in which the sought schedule changes will take effect. Any adjustment in service indicated in Schedule "A" to this Agreement must be agreed to by both parties in writing. 10. Eligible Student Totals 10.1 The City may request NCSAC to provide a record of the total amount of U Passes issued in a given year. The City will provide a record of Niagara College student ridership numbers at the completion of the fall and winter semesters. Both parties shall make good faith efforts in their assumptions. 11. Contract Terms and Notice of Termination 11 .1 Any party wishing to terminate this Agreement, for any reason, must provide the other party with 60 days written notice of its intent to terminate the Agreement. 12. Lost or Stolen Replacement Passes 12.1 The City is not responsible for any U Pass that has been lost or stolen. The student will be responsible to secure a new student card and Transit validation through the processes established by the NCSAC. 13. Insurance 13.1 The City shall provide NCSAC with proof of liability insurance of not less than Five Million Dollars ($5,000,000). 14. Arbitration 14.1 If at any time a dispute shall arise between the NCSAC and the City under this Agreement, then such dispute shall, upon notice, by one party or the other party that such a dispute exists, be referred to arbitration under such rules and at such time and place as the City and NCSAC shall mutually agree. Nothing in the foregoing, though, shall prevent the parties from trying to resolve such dispute(s) in a mutually satisfactory way by discussions and negotiations. 7 IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. NIAGARA COLLEGE STUDENT ADMINISTRATIVE COW► CIL INCORPORATED Per: l - - AliceMary Nakiwala, Pr sident ajd Adam Maiolo, Marketing Communications M. . .g: • ll Jennifer Howarth, Executive Director We have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk 0 ctI 13 .1 'i T 0 . •V IJ' O 7 L L O O O O O N A i •i D) p 91 1 Q (� Q O t MO Co O O r a r Q Q O d ^y ., V • r �. N V to a �_ i -a — . p . 4..1 i.,-- r o(13 Q Q u, a a ns = a 't T Q= O m_p '� O �r O $` O - O f;-, U') a In f a R O j s r [ , $, CD O v' CO 0 r O ? O N Y co (D N °' O W $ �y a cc, tb o - = > Q ,¢ Q a ay a s a > _� a n A. '� ,4c O O O O In G' L() yL > O O Lo 0 A� L O co O Mi Mi,.., MBn r, ..,.4.' a) O - — a- Q ti il O Y cov U> , CO v RI r., w E K 1 T CCU OD— jt C) fp t ON h- i O o MI ci) ro O .0 Z U U s - t 5 L- t 7:3tQ Q Q m t z flJI in ra mU Q' i N O O O O O OtfLC) ids CI)) cc c ti : 00 rC\J r 4 M : In Tp u 0O Q C L �t .fix¢ - 1:. L ,-- ,-1 r-1 O L O O oO N - E Ni L al a) CU D -0 07 O v E toa, - D a Z o g `^ O C L w O cu CD a) 0 u C i a) a) a) 4 N ✓ O O cn Z Z \ \ \ - i _ :; CD +/�+ Q o t. : 6 c. '`. M S E Tu U 0 La _ c , a) 7) Z CO Q a Q O Zi,' O C O 'a., a) a1 O `. ch ch ' r V a' 73 CD 4Ce Y sem, C Cl)CD as L.. o ; ` a Q. ,• CD pt`s. MV O CO a� . : . Zoo RI ! ,: 1,1,t L,L Cr) Z 0 o a3 QC.k of ; a. Z a) i a) OM 1 au O cs O z O O +a LO <-I (� 0N r- O O (V cc. O N r— i N O N a) N T N s— _O co moi' O N p a) = i • L V a) a) 0- 0 O Q LL. < 4- 46 '�- 46 O O O O 4-6 Y Y Y Y Y CU a) a) a) a) a) a) a) a) a)) b A. ,.h., A CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the renewal of an agreement with the Niagara Falls Review for the permission to place static advertising signs on various surfaces at City arenas. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A renewal agreement between the Corporation of the City of Niagara Falls and the Niagara Falls Review respecting permission to place static advertising signs on various surfaces at City arenas, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. THIS LICENSE AGREEMENT made this 1st day of August, 2015. BETWEEN: THE NIAGARA FALLS REVIEW Hereinafter referred to as the "Licensee' and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" WHEREAS the Licensee has requested the City's permission to place static advertising signs on various surfaces at the Gale Centre located at 4171 Fourth Avenue, Niagara Falls and the Chippawa Willoughby Memorial Arena located at 9000 Sodom Road, Niagara Falls; AND WHEREAS the Licensee and the City have agreed to enter into this License Agreement (the "Agreement") in respect of the Licensee's use of certain space on the various surfaces at the Gale Centre and the Chippawa Willoughby Memorial Arena (the "Arenas") owned by the City, for said advertising signs; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants. conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 Grant 1.1 The parties hereto acknowledge that the City is the owner of the lands and premises municipally known as the Gale Centre located at 4171 Fourth Avenue, Niagara Falls, Ontario and the lands and premises municipally known as the Chippawa Willoughby Memorial Arena located at 9000 Sodom Road, Niagara Falls, Ontario (the 'Arenas''). 1 .2 The City grants to the Licensee, and the Licensee accepts, an exclusive right to use various surfaces, including the applicable inner face portions of the rinkboard surface on all four ice pads in the Gale Centre as designated by the City (the "Rinkboard Sites"), ice surfaces of all four ice pads in the Gale Centre as designated by the City (the "Ice Surface Sites"), wall panels as designated by the City (the "Wall Panel Sites"). three ice resurfacing machines utilized at the Gale Centre as designated by the City (the "Ice Resurfacing Machine Sites"). and the Chippawa Willoughby Memorial Arena as designated by the City (the `Chippawa Arena Sites") all hereinafter referred to as 'the Sites", and as shown on Schedules "A", "B". "C". "D" and "E" attached hereto, for static signs of all 2 kinds. at the Licensee's sole cost and expense. For greater certainty, it is expressly agreed and understood that the right to display signs granted by this Agreement does not extend to the exterior of any building, the foyer entrance and atrium of any building, the halls and meeting rooms of any building or to the washrooms of any building or to any part of the walls of the Arenas that is not designated by the City. The rights to display signs in these excluded areas are acknowledged to be separate rights which the City is free to market under separate agreement(s). 1 3 The City agrees to prohibit the distribution of commercial publications such as flyers and complementary newspapers. within the Arenas, 1.4 The prohibition set out above in paragraph 1.3 shall not apply to flyers distributed by, or on behalf of, the tenants or licensees of the Arenas. 1.5 The Licensee acknowledges that it has inspected the Sites, that the City has made no representations or warranties whatsoever respecting the conditions thereof or their suitability for the Licensee's use or otherwise, that the City has no obligation or duty to make any alterations, improvements or repairs whatsoever in and to the Sites to make them ready for the Licensee's use and occupancy and that the Licensee takes and accepts the Sites in their present "as is, where is" condition. 2 Term and Fee 2.1 The term of this Agreement (the "Term") shall be for a period of two years commencing on the 1't day of August. 2015 (the "Commencement Date') and terminating on the 313t day of July, 2017. 2.2 The Licensee shall pay to the City throughout the Term, an annual fixed minimum license fee ("Minimum License Fee"), in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25.000.00) plus HST, payable in equal quarterly instalments of SIX THOUSAND AND TWO HUNDRED AND FIFTY DOLLARS ($6,250.00) plus HST, commencing on the 1st day of October, 2015, and quarterly thereafter on the 1st days of January. April, July and October of each and every year throughout the Term hereof. 2.3 In addition to the Minimum License Fee, the Licensee shall pay a percentage license fee ("Percentage License Fee"). as defined in paragraph 2.5 below, in one annual instalment. 2.4 The City and the Licensee agree to share the cost of lexan (50/50) to cover advertisements as needed. Quantity and frequency of replacement will be determined in consultation between the City and the Licensee. 2.5 Percentage License Fee means 18 percent during each year of the Term, of the Gross Sales as defined in paragraph 2.7 below, in respect of all 3 • signs to which this License Agreement relates, less the annual Minimum License Fee (i.e. 18% of annual Gross Sales - $25,000.00 = Percentage License Fee payable). 2.6 The annual Percentage License Fee shall become due and payable 30 days after the last day of each annual period of the Term with respect to • the Gross Sales made in respect of all signs during that annual period, the first of such annual payments to be due on the 30`h day of August, 2016 2.7 Gross Sales means the aggregate of all charges made by the Licensee to customers for all signs, whether for cash or for credit. No deductions shall be made for credit accounts which cannot be collected. 2.8 Taxes imposed by a duly constituted government authority required to be collected as a direct and separate tax by the Licensee from its customers, which are not included in the sale price of the signs and without limitation, including Harmonized Sales Tax, shall not be included in Gross Sales. 2.9 In addition to the annual Minimum License Fee and the annual Percentage License Fee, the Licensee shall be responsible for all rates. duties and assessments and other charges that may be levied, rated, charged or assessed against the signs and every tax and license fee imposed by a third party associated with the Licensee's use of the Sites. 2.10 The Licensee further covenants to pay all Harmonized Sales Tax (HST) applicable to the Minimum License Fees and Percentage License Fees. 2.11 Provided the Licensee duly and regularly and punctually pays the license fee and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the City shall, upon the written request of the Licensee given to the City not more than six months and not less than three months prior to the expiration of the original term of this Agreement grant to the Licensee, a renewal of this Agreement for a further term of two years on the same terms and conditions, save and except for the right of further renewal. 3 Confirmation of Gross Sales 3.1 The Licensee agrees to submit a quarterly statement to the City listing the signs approved and installed at the Sites and the payment schedule for every advertisement. 3.2 As soon as reasonably possible after the end of each year of the Term. the Licensee shall have prepared an annual statement of the revenues from the signs to which this License Agreement relates and submit this statement to the City. 4 3.3 The City shall have the right, at all reasonable times, to examine the books of account of the Licensee through any representative named by the City and shall be given all facilities reasonably necessary to check the accuracy of such statement of revenues, including the right to examine all vouchers relating to billings. 4 Terms and Conditions of Use 4.1 The Licensee acknowledges that it does not have the right to use the Sites, except in accordance with the conditions of the License herein contained and the Licensee accepts this License subject to such limitations as herein contained. 4.2 The Licensee must obtain written approval from the Manager of Recreation & Customer Service for the City ("Manager"). with respect to the particular advertisement displayed on each of the signs and the location of the signs on and in the Sites. 4.3 The City agrees to make all reasonable efforts to install the signs that are submitted by the Licensor and approved by the Manager. 4.4 The Licensee covenants and agrees: 4.4.1 to submit no signs advertising alcohol or tobacco and tobacco related products in any advertising face installed on the signs; 4.4.2 to submit signs which are suitable for display in an Arena that is intended for use on a regular basis by young children; 4.4.3 to submit no signs which advocate political parties or candidates; and 4.4.4 to submit no signs that pose a safety hazard. 4.5 When a sign is submitted, the Manager, or his designate shall examine the sign to ensure that the sign is suitable for display in the Arenas. The decision of the Manager with respect to the foregoing, shall be final and binding. 4.6 In addition to the foregoing, the Manager must approve all art work, content, colours and graphic symbolism of each advertisement prior to the installation of such advertisement. 4.7 No transfer or assignment of this License or any rights hereunder shall be made by the Licensee without the prior written consent thereto of City Council, which consent may be unreasonably withheld. 5 4.8 The Licensee shall have the additional right to enter the Arenas during normal business hours for the purpose of promoting the sale of its signs and selling the use thereof. 4.9 The Licensee shall comply with all the laws of the federal, provincial or municipal governments that may be applicable to the licensing of the Sites. 4.10 Notwithstanding any other provision of this Agreement, in the event that the Licensee fails to comply with any of the terms and conditions of this Agreement, the City shall have the right to terminate this Agreement in whole or in part on notification to the Licensee as follows. The City shall give to the Licensee written notice pursuant to paragraphs 6.2, 6.3 and 6.4 hereof setting out the details of such breach and the City's intent to cancel this Agreement in whole or in part. At the expiration of fifteen (15) days from the date of receipt of such notice, if the Licensee has failed to rectify the breach or to commence rectification of such breach in a reasonable and diligent manner, the City may cancel this Agreement without further written notice to the Licensee. 4.11 The City will remove any sign that is damaged so as to be unsightly and to detract from the appearance of an Arena. 4.12 The Licensee acknowledges and agrees that the signs displayed on Rinkboard Sites and Ice Surface Sites will be removed by the City annually during the summer months for the annual maintenance of the rinkboard surfaces and the ice pads. The Licensee acknowledges and agrees that it will provide replacement signs, in a timely manner, as required. The signs will be removed and replaced in accordance with a schedule to be determined by the Manager, acting reasonably. The period for annual maintenance shall be for no more than two consecutive weeks. 4.13 The City shall be entitled to immediately remove any advertisement that interferes, in any way, with the City's reasonable operations. 4.14 The City shall not be liable for any loss or damage whatsoever to the signs, except for any loss or damage attributable to any negligence on behalf of the City. 4.15 The City agrees not to permit any signs to be covered, except for certain limited engagements up to ten days in succession where, in the opinion of the Manager, it would be appropriate to cover the signs. Said Manager will endeavour to provide the Licensee with advance notice of any such scheduled engagements provided that such information may be released legally by the City and is not of a confidential nature. 6 4.16 The City agrees to provide the Licensee with any information respecting the Arenas that will be of assistance to the Licensee, provided that such information may be legally released by the City and is not of a confidential nature. 4.17 Upon the expiration or termination of the License, the Licensee hereby acknowledges and agrees that upon notice given by the City within 20 days of the expiration or termination of the License, to do so, it shall remove all signs and related materials supplied and installed at the Sites. 4,18 In the event that the Licensee does not comply with such notice to remove as set out above, the Licensee hereby acknowledges and agrees that the signs shall become the property of the City and the Licensee shall pay to the City any reasonable costs incurred by the City in removing the signs and related materials. 5 Liability and Insurance 5 1 Except for claims and losses relating to the sign boxes purchased, placed and maintained by the City, the Licensee agrees to assume all liability and obligations for any and all loss, costs. damage or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers. employees and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs. charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Agreement or anything done or maintained hereunder. 5.2 The Licensee agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on. or about the Arenas with all inclusive coverage of not less than Five Million Dollars ($5,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this Agreement and to contain a "cross liability' endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Licensee to raise the minimum amount of coverage and shall so advise the Licensee in writing. who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy or certificate in 7 lieu, in a form satisfactory to the City's Solicitor, showing the amended coverage. Failure of the Licensee to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 5.3 The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this License in accordance with the provisions of this Agreement and at each insurance renewal date. 6 General 6.1 This Agreement constitutes the entire agreement between the parties and • there is no representation, warranty, collateral agreement or condition affecting this Agreement other than expressed herein. 6.2 Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e-mail, by fax or be prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. 6.3 Such notice or document shall be deemed to have been given: 6.3.1 in the case of personal delivery, on the date of delivery; 6.3.2 in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act. failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and 6.3.3 in the case of registered post, on the third day. which is not a holiday, following posting. 6.4 Notice shall be given to the Licensee at: The Niagara Falls Review 4424 Queen Street Niagara Falls. Ontario L2E 2L3 Attention: Mark Cressman Regional Director Telephone No. (905) 684-7251 x. 581100 E-mail: Michael.cressman@sunmedia.ca and to the City at: 8 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention. Rob McDonald Manager of Recreation & Customer Service Telephone No. (905) 356-7521 x. 3340 Fax No (905) 354-9119 E-mail. rmcdonald@niagarafalls,ca 6.5 Wherever the singular or masculine is used in this Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. 6.6 Each and every paragraph of this Agreement is severable and any findings of invalidity of any part of this Agreement shall not affect the validity of the remaining provisions thereof. 6.7 This Agreement shall in all respects be interpreted, construed and governed by the laws of the Province of Ontario relating to contracts entered into and to be duly performed therein. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. THE NIAGARA FALLS REVIEW Per: Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk F.r 4900111.11111111MIN 1 �, i•ce ' O ' n c; __ i '',.!...,‘,:,:,-.--.:?°,,-,3 a s'.' " i 3t F ` fi C7 1 fl , e.......ms . „., ,,,,, „,. ...- 1;,,,,,, ,.,.„,„ „., i , .. .11.,,,,,.,.. ..,.,,,„7„,< , , _ ,,,_.. t .'..t.-1:::'.-:' ....,.., '„ =I % T . t� I n ~ i f .. � / [ \ . \ .LL• h J t [---.-- 71 ___ .....''. II .,... ., ......,........",._ , .... _ . .. . . ____..... , .• ...1, 1 _ t ._:-_- :' -:1, 1 II ......,:,.........\\....\\\:\:::, .-... ‘, . .._. ....., Li__L-t L.,1 .77c,,41 77- , i.,:y.....-...,-......,---,,w.z.,..•,:, n , .:, .... ....„.....,,.; _ ..... .. .....,_...... ..„_„. . .. .,... . 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'.':r 4` ¢ � OS MARSH Certificate of Insurance No.: 2015-256 Dated:July 21,2016 This document supersedes ancertificate pre'iousl.\ issued under this number This is to certify that the Policy(ies)of insurance listed below("Policy"or"Policies")have been issued to the Named Insured identified below, for the policy period(s) indicated.This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder named below other than those provided by the Policy(ies). Notwithstanding any requirement, term,or condition of any contract or any other document with respect to which this certificate may.be issued or may pertain,the insurance afforded by the Policy(ies)is subject to all the terms,conditions,and exclusions of such Policy(ies).This certificate does not amend,extend,or alter the coverage afforded by the Policy(ies). limits shown are intended to address contractual obligations of the Named Insured. Limits may have been reduced since Policy effective date(s)as a result of a claim or claims. Certificate Holder: Named Insured and Address: The Corporation of the City of Niagara Falls Postmedia Network Canada Corp.and its subsidiaries 4310 Queen St. 365 Bloor Street E Niagara Falls,ON 1,2E 6N5 12th Floor Toronto,ON `141\ 31.4 _ I Evidence of Insurance Policy Effective/ Type(s) of Insurance Insurer(s) Number(s) Expiry Dates Sums Insured Or Limits of Liability COMPREHENSIVE GENERAL AXIS Reinsurance Compaii (Cdn CTP/782994/01/2013 Sep 01.2015 to S 23)0.000 1.1:AB[L1TY Braiic'h) Scp)1,2;.6 Bodiiv inlun_Personal •Cross I.iabilit\ Each Occurrence Injury and Property Damage Products&Completed 2,p00.00U Operations Aggregate General Aggregate 5 10.000_00h t;MBRI.LL.A Chubb Insurance Compam, of 70872297 Sep 01,2015 to Each Occurrence S 3.000,0oti Canada Sep 01,2016 Excess Cnderh me Products-Completed S 3.000.006 Operations Aggregate Excess Gnderlcine ,Aggregate Products S 3,000.000 Where Applicable Excess Lnderlving Additional Information: The Corporation of the City of Niagara Falls is added as Additional Insured on the Commercial General Liability policy, but only with respect to liability arising out of the operations of the Named Insured. Notice of cancellation: Should any of the policies described herein be cancelled before the expiration date thereof,the insurer(s)affording coverage will endeavour to mail 30 days written notice to the certificate holder named herein,but failure to mail such notice shall impose no obligation or liability of any kind upon the insurers) affording coverage. their agents or representatives,or the issuer of this certificate. Marsh Canada Limited Marsh Canada Limited 120 Bremner Boulevard Suite 800 Toronto.ON M53 0A8 telephone: 416-868-7371 Fax:416-815-3734 ccrti t icaterequestscanadaa marsh.com B‘. Michael Mavens CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to repeal By-law 2009-156, a by-law to authorize the execution of an agreement with respecting the Adopt -A -Street public service program for volunteers. WHEREAS By-law 2019-156 authorized the execution of an agreement with respect to the Adopt-a-Street public service program for volunteers for along McGrail Avenue from Centre to Walnut Streets; and WHEREAS the volunteers outlined in the By-law have sold their business and are no longer volunteering their services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law 2019-156 is hereby repealed. Passed this twenty-third day of August, in the year 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016 Second Reading: August 23, 2016 Third Reading: August 23, 2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of an agreement with the Corporation of the Town of Fort Erie for the provision of transit services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement between the Corporation of the City of Niagara Falls and the Corporation of the Town of Fort Erie respecting the provision of transit services, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto. 4. By-law 2015-98 is hereby repealed. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. THIS AGREEMENT made this day of , 2016. BETWEEN: THE CORPORATION OF THE TOWN OF FORT ERIE Hereinafter referred to as "Fort Erie" OF THE FIRST PART: - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as 'Niagara Falls- OF THE SECOND PART. WHEREAS Fort Erie and Niagara Falls wish to implement an intermunicipal transit service operating between the Town of Fort Erie and the City of Niagara Falls; AND WHEREAS the Municipal Council of the Town of Fort Erie passed Report No. IS-26-2016 on August 8, 2016 authorizing the entry into an Agreement with Niagara Falls to provide intermunicipal transit services as per Schedule "A" to this Agreement; AND WHEREAS the Municipal Council of the Town of Fort Erie passed By-law No. XXX-2016 on August 22, 2016 authorizing the entry into an Agreement with Niagara Falls to provide intermunicipal transit services as per Schedule "A"' to this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term The term of this Agreement is for one school year commencing on September 6`", 2016 and ending on April 22°d, 2017. Extension of the Agreement beyond April 22"d, 2017 shall require mutual consent and agreement of all parties hereto. 2. Payment Schedule and Total Fee (1 ) For the services provided throughout the initial term of this Agreement, Fort Erie shall remit to Niagara Falls a total fee of$13 ,928.26 payable in two equal instalments of 50% -2— of the total fee on or before October 31st, 2016 and on or before February 28`h, 2017. The total fee payable is not subject to reduction. Late payments will be assessed at an interest charge of 1.5% per month (18% per annum). (2) Fort Erie acknowledges that all fees anticipated herein are based on Niagara Falls providing services as outlined in Schedule "A" attached to this Agreement. In the event that additional services are required, Fort Erie shall be responsible for the additional costs associated with same. Any additional costs will be negotiated between the parties at such time as this Agreement is to be amended. (3) In the event that increases in the level of service are required by Fort Erie, Niagara Falls will provide a separate invoice to Fort Erie for any additional buses or services required. The invoiced fees will be based on an hourly rate (to be negotiated by both parties) with a base minimum of two hours required per call out and transit fleet availability. 3. Fares and Fare Revenue Fort Erie acknowledges that individuals who use the services provided by Niagara Falls under this Agreement must remit the applicable fare as agreed to by both parties and as outlined in Schedule "A". Niagara Falls shall remit said fares to Fort Erie within one month after the completion of the Fall and Winter school semesters respectively. 4. Responsibility of Service Neither party shall be responsible to the other for the non-performance. or for delay in performance, occasioned by any cause beyond its control including, acts of civil or military authority, embargoes, acts of God. delay of suppliers or inability to obtain or shortages of materials or supplies but, for greater certainty, the shortage of funds by a party thereto, thereby preventing it from discharging its obligations hereunder shall be deemed to be a cause within its control. During the period of such delay, Fort Erie shall have the right to source services elsewhere. Fort Erie and Niagara Falls. acting reasonably and in good faith, shall jointly decide whether any such situation is likely to continue for a period exceeding 90 days and if so, then either party shall have the right to terminate this Agreement. 5. Service Interruptions Niagara Falls will not be held responsible for service disruptions due to unforeseen circumstances (i.e. weather. accidents. traffic congestion. detours. road closures, mechanical breakdowns. etc.). In the event of' a period of sustained interruption of regular service exceeding 96 consecutive hours, Niagara Falls" liability will be limited to a reimbursement to Fort Erie on a basis of a daily rate, defined as the total fee paid by Fort Erie to Niagara Falls in that year, divided by the total amount of operating days in that year. multiplied by the amount of days without service. Operating days shall only include those days where service is offered between September 1 and May 1 of each year. Said reimbursement will be paid to Fort Erie within 30 days of resumption of service. -3- 6. Service Schedule All services anticipated to be delivered under the terms of this Agreement are set out in Schedule "A" as attached. 7. Ridership Data Fort Erie requires Niagara Falls to provide a record of ridership numbers for the Fall and Winter Semesters covered within this Agreement. 8. Contract Terms and Notice of Termination (1) Any party wishing to terminate the Agreement, for any reason, prior to April 22", 2017 must notify the other party of its intent to terminate the contract for the subsequent January - May, 2017 year by November 1st, 2016. (2) Fort Erie understands and agrees that Niagara Falls shall have the right to terminate this Agreement on 60 day's notice in the event of either of the following: (a) Niagara Falls no longer has the authority to transport passengers within the jurisdiction required by this Agreement; (b) A frustrating event occurs whereby legislation is enacted by any level of government which would effectively prohibit or in any way limit Niagara Falls from carrying out its obligations under this Agreement, then Niagara Falls shall be relieved of its obligations under the Agreement. Notwithstanding anything else in this Agreement. in the event the rights of Niagara Falls to perform its obligations under this Agreement are, or may be. frustrated by legislation. by any level of government, then Niagara Falls shall have the right to terminate this Agreement without any liability or obligation upon 60 days written notice to Fort Erie or such lesser period of notice as may be required by the subject legislation. Repayment terms of this Agreement's section 5 would then come into effect for the balance of the term of the Agreement. 9. Insurance (1) During the term of this Agreement and any extension thereof. Niagara Falls shall maintain in full force and effect the following insurance coverage. Commercial General Liability policy covering all services as described in this Agreement. The policy will be extended to include bodily injury and property damage. personal injury. blanket contractual to a limit of not less than ten million dollars ($10,000,000.00) per occurrence. The policy shall he endorsed to include Fort Erie as an additional insured. (2) All policies of insurance shall: -4-- (a) be written with an insurer licensed to do business in Ontario; (b) be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to Fort Erie: and (c) contain an undertaking by the insurers to notify Fort Erie in writing not less than 30 days before any cancellation or termination of the policies. (3) Before the commencement of any activities hereunder, Niagara Falls shall provide to Fort Erie, a Certificate of Insurance in a form acceptable to Fort Erie evidencing the above policies. Fort Erie reserves the right to request a certified copy of the above-mentioned policies. 10. Arbitration (1) The parties agree to make every reasonable effort to resolve any disputes arising from this Agreement by negotiations between them. (2) If a dispute occurs between the parties concerning any matter governed by the Agreement. the manager or designate of the party raising the dispute shall advise the manager or designate of the other party, in writing, and the two managers or designates shall work together and use all reasonable efforts to resolve the dispute. (3) If the managers or their designates are unable to resolve the dispute informally within five business days of it being referred to them, the dispute shall be forwarded, in writing, to the Town Clerk or his/her designate of Fort Erie and the City Clerk of Niagara Falls. Using direct communications, the Town Clerk or his/her designate for Fort Erie and the City Clerk of Niagara Falls will have 15 business days from the matter being referred to them to resolve the dispute. (4) If the town Clerk or his/her designate for Fort Erie and the City Clerk of Niagara Falls do not resolve the dispute, the dispute may, with the consent of both parties, be referred to and finally resolved by arbitration under the Arbitration Act. 1991. S.O. 1991, c. 17 as amended. The place of arbitration will be the Town of Fort Erie. in the Province of Ontario. 11. Notices Any notices permitted or required under this Agreement shall be given by personal delivery or sent by prepaid registered mail to the parties at the following addresses. Notices sent by registered mail shall be deemed to be received three regular business days after mailing. -5— To Fort Erie at: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6 And to Niagara Falls at: The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls. Ontario L2E 6X5 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day of , 2016. THE CORPORATION OF THE TOWN OF FORT ERIE Per: Wayne Redekop, Mayor Laura Bubanko, Town Clerk THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to appoint Councillor Vince Kerrio as Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by-law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; and WHEREAS the office of Mayor of the City of Niagara Falls will be vacant as a result of James M. Diodati being absent from the City from September 17, 2016 to, and including, October 1, 2016; and WHEREAS the said Council deems it desirable to appoint an Acting Mayor until the return of James M. Diodati. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Councillor Vince Kerrio is hereby appointed Acting Mayor from September 17, 2016 to, and including, October 1, 2016. 2. At the conclusion of the period described in paragraph 1, James M. Diodati shall resume his appointment as Mayor, together with all powers and duties associated with that office. 3. This by-law becomes repealed on October 2, 2016. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016. Second Reading: August 23, 2016. Third Reading: August 23, 2016. CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the payment of $21,278,312.61 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 June 23, 2016 to August 4, 2016. Passed this twenty-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of August, 2016. 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 23rd day of August, 2016 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-third day of August, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 23, 2016 Second Reading: August 23, 2016 Third Reading: August 23, 2016